What does art. 67 shopping mall? On the form of the employment contract. Consider how it relates to its conclusion, change. Let us analyze the consequences of violation of the agreement form and how the law protects the employee. We give the features of the conclusion of some of its types.
Normative regulation
TK - the basic document. It establishes the basic rules for concluding an employment contract. When studying the question of the form of an agreement with an employee, one should pay attention to other provisions of the code. We must not forget about other laws. For example, the state and municipal service, as well as the law on serving in the police or internal affairs.
Presidential decrees affect certain aspects of concluding an employment contract with different categories of employees, often obliging the government or other authorities to adopt relevant regulations.
The list of regulatory acts includes documents that have approved standard forms of contracts with employees.
What is a contract?
Before you study Art. 67 TC, we will determine what an employment contract is. This is a document describing the rights and obligations of the employee and the employer, regulating wages and more. The main duty of the employee is to perform the labor function, and the employer is to provide the employee with work as agreed. It should be noted that the agreement between the employee and the employer is in a strict framework. They do not have the freedom that the parties to the civil contract have.
Conclusion procedure
According to the provisions of Article 67 of the Labor Code of the Russian Federation, an employment contract is signed in duplicate. On the copy stored by the employer, the employee makes a mark on the receipt of the second copy.
The law explicitly indicates the written or paper form of the document. Its electronic version is not legally binding. The Code does not link writing to specific types of agreements. It applies to all employees or applicants without exception.
The Armed Forces of the Russian Federation obliges the employer to issue a job order, which reflects the conditions for concluding an agreement. This underlines the position regarding the mandatory written agreement with the employee.
Document Content
The agreement is drawn up in accordance with the standard form. There is a single form for the whole country, approved by order of the Ministry of Labor No. 135 in 1993. If we talk about a contract that is signed with certain categories of workers, it is also based on samples developed at the level of ministries that manage the relevant sectors of the economy or areas of public life. Contract legislation, for example, directly affects the heads of state and municipal enterprises, organizations, and authorities.
With employees who are liable, a contract or contract is also concluded on special conditions.
Regardless of whether there are special working conditions, the factors listed in Art. 57 of the code.
If the paper is not executed
In h. 2 Article. 67 of the Labor Code of the Russian Federation describes the consequences of evading or refusing to conclude a full-fledged contract in the prescribed manner. If a person is actually allowed to do the work, then the contract is considered concluded. Admission must be made by an authorized person on behalf of the employer or he must be notified of what is happening.This means a person who, on the basis of a law, other normative act, constituent document or internal documents (for example, an order) represents the employer in relations with other employees.
An employer who attracted an employee without paperwork is required to conclude an agreement with him no later than 3 days later.
Features of the procedure with some types of workers
Art. 67 of the Labor Code of the Russian Federation with comments indicates the features of the procedure for accepting a person for a position in a number of situations. The final part of the article is formulated abstractly and refers to other provisions of the code or laws, regulations. For example, a special employment procedure is provided by the police. It is governed by relevant law and departmental regulations.
If a minor is hired, then permission from his parent or guardian is attached. Without the permission of the legal representative, the conclusion of the contract is not considered legal.
It is allowed to accept certain types of work after passing a medical examination, confirming the absence of diseases that exclude being in the corresponding position. For example, screening for infectious or mental illness when hired by institutions working with children. A person who does not have a health record and a work sheet cannot be hired.
The adoption of an elected or appointed person obliges the responsible persons to conclude a contract with him on the basis of a standard form for a specified period. The basis for the conclusion is the decision of the election commission.
The appointment of persons responsible for managing federal unitary enterprises is coordinated with the Federal Property Management Agency (the body managing state property). This is not the only case where approval for a managerial position may require the consent of third parties. Without approval, hiring is considered illegal. And these are not all cases to which Part 3 of Art. 67 of the Labor Code of the Russian Federation.
Former Employee Clearance
The last part of Art. 67 TC means former government or municipal employees. A potential employer is obliged to either inform about the employment of a former state or municipal employee, or agree on the conditions under which the person is invited to the post.
The obligation to notify or approve new employment is valid for 2 years from the date of dismissal from the state or municipal service. A work permit is required if the former employee previously performed - at least in part - management functions in relation to the organization in which he wishes to get a job. It is given by the commission responsible for the ethical and legal (excluding corruption) behavior of employees. In other situations, only the duty of notification applies.
The new employee must report his status to the potential employer, and the employer must send a message to the former employer. If you are guided by the meaning of the law, then a copy of a future or already concluded labor contract is sent along with the notice.
The list of posts whose occupation in the past obliges to coordinate future employment or to inform the former employer about it is approved by the authorized bodies.
Finally
The provisions of the law on the form of an employment contract differ from the regulation of the form of a civil contract. Firstly, its written form is obligatory, and secondly, a refusal to sign an agreement upon actual admission to work does not cancel its action.
All contracts are concluded on the basis of standard conditions. For this, standard forms have even been developed. In particular, they are used when concluding a contract with the heads of budgetary organizations, government bodies and state or municipal employees.
If a person previously worked in the state or municipal service, he is obliged to inform the former employer about the fact of a new job. Sometimes even his consent is required, of course, depending on the previous position.