Labor contract 2020 sample free download with an employee, IP form
10.02.2020
The concept of "Employment contract" and "Parties of the employment contract" is defined in Article 56 Labor Code Labor Code of Russia (Labor Code of the Russian Federation). Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work for a specified labor function ensure the working conditions provided for labor law and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations applicable to this employer.The parties to an employment contract are the employer and the employee.
Download: employment contract form, sample, form
The Labor Code does not define a specific form or model of an employment contract. Legislatively, only a form for micro-enterprises is defined (since 01/01/2017).
Download form (sample):
Other options for downloading an employment contract (all in word, doc):
Forms are exemplary.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. IP contracts presented ( individual entrepreneur), organizations (LLC, JSC, etc.) with an employee. Formsemployment contract with the director, accountant, seller, driver, see this .
Model form of employment contract for micro-enterprises
Standard form of employment contract for micro-enterprisesapproved by Government Decree Russian Federation dated August 27, 2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises",as amended by Decree of the Government of the Russian Federation of November 15, 2019 No. 1458 "On Amendments to Certain Acts of the Government of the Russian Federation".
The beginning of the document: 01/01/2017.
Start of action latest edition: 20.11.2019.
On changes in the form of TD in accordance with the resolutiondated November 15, 2019 No. 1458 (excerpt): In paragraphs 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises, approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2016, N 36, Article 5414), the words "an insurance certificate of compulsory pension insurance" shall be replaced by the words "insurance number of an individual personal account in the system of individual (personalized) accounting".
New on the topic
New from 02/10/2020: If an employee wants to have a paper work book and an electronic work book, then he does not need to submit two applications. This conclusion was made by the experts of the company "1C". Source: www.buh.ru
clarified whether the employer is obliged to draw up or translate an employment contract into the native language of a foreign worker.
New from 12/27/2019: Rostrud experts explained whether an organization can conclude a preliminary labor contract that would oblige the parties to conclude a main labor contract in the future (Excerpt: labor legislation does not provide for the conclusion of a preliminary labor contract. Labor relations should be formalized only by an employment contract).
New from 04/04/2019: The Ministry of Labor of the Russian Federation, in a letter dated 03/07/2019 No. 14-2 / V-139, informs that the employer can dismiss the employee after the expiration of the employment contract, even during the period the employee is on vacation or during a period of temporary disability.
New from 12/28/2018: The Ministry of Labor in a letter dated November 12, 2018 No. 14-1 / OOG-8602 informs that the payment wages ahead of schedule does not violate the rights of workers.
New from 12/14/2018: E Rostrud experts report thatonly a court can recognize a fixed-term employment contract as indefinitea fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.Employment contract signed for certain period in the absence of sufficient grounds established by the court, it is considered to be a prisoner for an indefinite period (part 5 of article 58 of the Labor Code of the Russian Federation).
New from 12/14/2018: Omsk regionalthe court in the appeal ruling dated June 27, 2018 in case No. 33-4045 / 2018 allowed employers not to index the wages of employees (with regular payment of bonuses, etc.).
New from 12/06/2018: Rostrud experts explain that reduce wages temporarily probationary period not possible, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.
New from 10/30/2018: Rostrud experts in the report of Rostrud with guidance on compliance the mandatory requirements of the regulatory legal acts for the III quarter of 2018 are explained and reported:
When it is possible to extend the term of the employment contract with the help of an additional agreement;
When the employment contract includes the conditions for granting leave;
The position in the employment contract does not always have to correspond to qualification directories.
New from 07/31/2018: The Government of Russia in Decree No. 873 dated 07/26/2018 amended the standard form of an employment contract with the head of a state (municipal) institution.
New from 3/30/2018: MIntruder of the Russian Federation, in a letter dated March 21, 2018 No. 14-2 / V-191, clarifies whether the numbering of employment contracts is mandatory in commercial organization, and what numbering system can be used.
New from 03/19/2018: The Ministry of Labor of the Russian Federation, in a letter dated 03/05/2018 No. 14-2 / V-148, clarified how the personnel registration of employees involved in work for which various restrictions are defined by laws is carried out.
New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru
New from 10/31/2017: The Ministry of Labor of Russia, in a letter dated 10/18/2017 No. 14-2 / V-935, clarifies the procedure for recovering from the employee the amounts spent on his training in the event of early termination of the employment contract.Excerpt: "In case of dismissal without good reason before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2 / V-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to be employed in competing companies (the Employer does not has the right to restrict the employment of former employees).
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 10/18/2017 N 14-2 / V-935, clarifies how the termination of an employment contract concluded with a temporary worker is carried out while the main employee is on sick leave (when the term for terminating the employment contract is determined by the date on the sick leave).
New from 08/02/2017:
According to Rostrudfor the absence of mandatory conditions in the employment contract (article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message of Rostrud.
New from 07/13/2017:
The Ministry of Labor of Russia, in a letter dated June 30, 2017 No. 14-1 / V-591, explained which clauses a microenterprise can exclude from a standard employment contract. More on this one.
Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Decree No. 858 of August 27, 2016 approved a standard form of an employment contract, which includes various options for filling out certain provisions and conditions. A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the development of small and medium-sized businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph "b") and in order to implement the Federal Law of July 3, 2016 No. 348-FZ "On Amending the Labor Code of the Russian Federation in Part of the Specifics of Labor Regulation for Persons Working for Employers - Small Business Entities Classified as Micro-Enterprises" (hereinafter - Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer - a small business entity, which is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on wages, shift schedules, and others). At the same time, the terms and conditions, which, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual provisions and conditions. This will provide flexibility in regulation. labor relations taking into account the specifics of the activities of a particular employer.
The standard form of the contract includes special conditions that apply to remote and home workers, which are not used in other cases.
A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as micro-enterprises.
The employment contract specifies:
surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - individual) who have entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs - individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code, other federal laws the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the amount tariff rate or salary (official salary) of an employee, additional payments, allowances and incentive payments);
working time and rest time (if for a given employee it differs from general rules operating for this employer);
guarantees and compensations for work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Employment contracts may be concluded:
1) for an indefinite period;
2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws. For more details, see Article 58 of the Labor Code of the Russian Federation
concept Fixed-term employment contract introduced in Article 59 of the Labor Code of the Russian Federation.
According to article 60 of the Labor Code of the Russian Federation Prohibition to demand the performance of work not stipulated by the employment contract, except as provided for by this Code and other federal laws.
Article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
The employee has the right to conclude employment contracts on the performance of other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) in his spare time from his main job. Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.
Article 60.2. The Labor Code of the Russian Federation refers to: Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract
Article 61 of the Labor Code of the Russian Federation defines:Entry into force of the employment contract
An employment contract shall enter into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day actual assumption employee to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to start performing labor duties from the day specified in the employment contract.
If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract.
If the employee did not start work on the day of commencement of work, established in accordance with the second or third part of this article, the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive mandatory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation.
According to the Decree of the Government of the Russian Federation of 04.04.2016 No. 265 and art. 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”, organizations and individual entrepreneurs with an annual revenue or book value of assets of no more than 120 million rubles are considered micro-enterprises. The number of employees working in such companies should not exceed 15 people.
Why do we need a standard form of an employment contract in 2020?
From the beginning of 2017, do not use local regulations containing labor law norms in your work. The conditions specified in these documents, the employer must prescribe in a standard form of an employment contract with an employee for micro-enterprises (a standard form of an employment contract with an employee is presented in GD No. 858 of 08/27/2016). Information about this is enshrined in the Federal Law of July 3, 2016 No. 348-FZ.
The types of employment contracts, in this case, according to the validity period, can be both concluded for an indefinite period and fixed-term (for example, concluded for a period of not more than five years, unless another period is established by Federal Laws). But, as a rule, most often contracts with employees are signed for an indefinite period.
Employers want to know what rules employment contracts should be drawn up in 2020 (a sample document is presented in the next section). We inform you that the contract, which will specify all the conditions of the working relationship, must be drawn up on the basis of a special form. This will provide flexibility in the regulation of relations between the employee and the employer, taking into account the scope of the organization. Also, an employment contract for micro-enterprises from 2020 (a sample filling can be downloaded at the end of the article) should take into account various features associated with the worker's profession. An employment contract (form) may contain:
- an employment contract with an individual (sample) must contain information about the working conditions of the employee;
- time of work and rest;
- conditions of social insurance;
- a standard form of an employment contract with an employee should also include data on the procedure for making payments and bonuses;
- information regarding the work of remote employees, etc.
A standard employment contract with an employee (a sample 2020 can be downloaded for free in our article) contains the rights and obligations of the employee (for example, free vocational training or passing the confirmation of the employee's qualifications at the expense of the enterprise). If, when filling out a new employment contract for micro-enterprises, it is not required to fill in individual clauses (for example, due to the nature of the work), then such clauses can be excluded from the contract (Letter of the Ministry of Labor dated 30.06.2017 No. 14-1/B-591).
Also, a standard employment contract (sample 2020) must contain the obligations of the employer.
It is expected that this measure will help to increase the level of protection of the rights of employees working in small companies.
A sample of filling out a new employment contract from 2020
We will provide a sample employment contract with an employee (2020).
If you are interested in where you can download a standard employment contract, we will answer: an employment contract (sample 2020) can be downloaded for free on our website.
The model employment contract for micro-enterprises is a special document developed by the government for medium-sized companies and individual entrepreneurs. It allows you to reduce the burden on SMEs - both documentary and administrative. Let's analyze a sample standard employment contract with an employee (2019) using examples.
From 01/01/2017, the types of employment contracts were supplemented by a new document - a standard form of an employment contract with an employee for micro-enterprises. It was developed by the Ministry of Labor and approved by Government Decree No. 858 of August 27, 2016. The document is universal and replaces some personnel documents (Federal Law of July 3, 2016 No. 348-FZ).
Who has the right to apply a standard form of an employment contract with an employee of a micro-enterprise
Organizations and individual entrepreneurs with employees that meet the following criteria have the status of a micro-enterprise:
- Staff no more than 15 people.
- Last year's income did not exceed 120 million rubles.
Other employers that do not fall under these criteria can also use the model employment contract (2019), but do not have the right to refuse other personnel documentation in this regard.
A standard employment contract with an employee (sample 2019) is convenient because it takes into account the requirements of Article 57 of the Labor Code of the Russian Federation for agreements between employers and their employees, and reduces the risk of receiving a fine under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for administrative liability for:
evasion of registration or improper execution of an employment contract, or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer.
- for an official - 10,000–20,000 rubles;
- for an organization - 50,000–100,000 rubles;
- for individual entrepreneurs - 5,000–10,000 rubles.
To start using the standard form, it is enough to issue an appropriate order for the organization.
The form is not suitable for conclusions with foreign citizens.
What personnel documents can be waived
All micro-enterprises that transfer workers to a standard form may not draw up the following personnel documents:
- hiring and dismissal orders;
- position on wages;
- bonus provision;
- inner order rules.
Reason: a sample standard employment contract with an employee (2019), developed for micro-enterprises, already includes all the necessary rules and conditions for the employee's activities.
What should be in an indefinite employment contract?
The list of mandatory details in labor agreements is listed in Article 57 of the Labor Code of the Russian Federation. Standard contract for micro-enterprises - is no exception, so it prescribes:
- employer data and full name employee;
- TIN of the employer and passport data of the employee;
- place and date of conclusion;
- place of work of the employee;
- the nature of the work to be performed (title of position (profession) and official duties);
- when to start work;
- the amount of salary and the conditions for its payment (indicating specific dates, place and method of payment);
- mode of work and rest;
- information about social insurance;
- information on working conditions based on the results of a special assessment;
- additional conditions, if necessary (if working conditions are recognized as harmful or dangerous, appropriate compensation is prescribed; if the nature of the work is specific, this fact is indicated).
There are conditions that an employment contract (sample filled out) should not contain. The agreement cannot:
- combine the main job and part-time work (part-time work itself is not prohibited, but it must be drawn up in a separate document);
- establish a work regime that violates the provisions of the Labor Code of the Russian Federation;
- include a condition on the payment of wages below the minimum wage;
- pay salaries only once a month.
How to fill out a standard contract
A typical employment contract (form) includes several different work situations. This is a constructor that each employer collects for himself, and only the information that is necessary for cooperation with a particular employee remains in the document. The standard form contains correct wording that complies with the norms of the Labor Code of the Russian Federation for all situations, including cooperation with remote and home workers, so nothing needs to be added to it.
Employers can simply download the sample employment contract (2019) for free at the end of this article. But it is necessary to learn how to fill it out correctly, because working conditions may differ, and you will have to fill out the document differently.
The standard form developed by officials is quite large. It has 38 points, united in 11 chapters. But not everything needs to be completed. Which items to omit, we will show with an example step-by-step filling an employment contract with an employee hired as a sales manager.
Step 1. Section " General provisions» must be completed by all employers. It is intended to indicate information about the organization and the employee, so we enter in the form the full name of the employer and his address, as well as the last name, first name, patronymic and position of the future employee. If a test is provided for an employee during employment, it is necessary to indicate its period. In the same section you need to write:
- nature of work - main or part-time;
- expiration date (if urgent);
- information about when the employee starts work;
- where will it be workplace.
The employment contract must contain information about itinerant character work. If there are no special features, you can write that "the employee does not have a special nature of work."
Step 2. In the section "Rights and obligations of an employee" you need to describe all the duties of a new specialist and his rights in accordance with the Labor Code of the Russian Federation and the collective agreement. If desired, the employer can add agreements with a specific employee to the standard text.
Step 3. The section "Employer's rights and obligations" informs about the functions of the employer. Here you can add your own conditions to the standard ones.
Step 4. In the “Employee Compensation” section, you need to be careful if the organization has waived the wage provision. It details the composition of the salary. The standard form contains several types of payments, the employer only has to choose the right ones and indicate the amount:
- official salary;
- compensation payments(for work in harmful conditions, use of personal transport, etc.);
- incentive payments (bonuses and incentives);
- other payments.
The section indicates the frequency of payments and specific dates, conditions and method of payment - on bank card, invoice or cash.
Step 5. In the section " Work time and rest time of the employee” write about the length of the working day, rest time, weekends and holidays.
Step 6. The section "Labor protection" is devoted to the working conditions of the employee. If necessary, we indicate the mandatory passage and frequency of the medical examination. If the employee is required to use personal protective equipment, enter which ones.
Step 7. Not everyone needs the section “Social insurance and other guarantees”. It is filled out if the employer is obliged to pay the employee for training, a voluntary medical insurance policy, and vouchers to a sanatorium.
Step 8. Completing the section "Other conditions of the employment contract" may be required when hiring homeworkers, remote workers or when concluding an agreement with an individual entrepreneur.
Step 9. The section "Changing the terms of the employment contract" contains general information that it is possible to change the terms of the contract only by agreement of the parties.
Step 10. In the "Responsibility of the parties to the employment contract" section, standard conditions remain.
Step 11. Section 11 "Final Provisions" is intended to indicate the details of the parties, as well as the signature of the employee under all the rules and regulations with which he is familiar. The employer is obliged to inform him:
- with a collective agreement (if any);
- official duties;
- various instructions of the organization.
The employee must receive a second copy of the agreement, signed by the head of the employing company.
Remember: a unified labor contract allows you to optimize work, but does not relieve you of the need to monitor changes in legislation and, if necessary, make the necessary adjustments to the document.
On January 1, 2017, a new chapter came into force. 48.1 in the Labor Code of the Russian Federation, which reflects the peculiarities of the regulation of the labor of persons working for microenterprises. Federal Law No. 209-FZ of July 24, 2007 “On the Development of Small and Medium-Sized Businesses in the Russian Federation” establishes the procedure for maintaining unified registry subjects of small and medium-sized businesses and criteria for attributing legal entities to micro enterprises. Microenterprises differ from other small businesses primarily in that the average number of their employees over the last calendar year does not exceed 15 people, that is, these are really small enterprises that deserve a special approach.
Starting from the new year, an employer classified as a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local regulations (LNA) containing labor law norms. That is, a micro-enterprise may now have neither internal labor regulations (IWTR), nor provisions on remuneration and bonuses.
However, this does not mean that there is a gap in legal regulation. On the contrary, a small business entity, which is classified as a micro-enterprise, refusing LNA, must include their conditions directly in labor contracts with employees. For such cases, it was developed and approved standard form of employment contract(Decree of the Government of the Russian Federation of August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises”). Let's study this new document and see how it can be useful to the employer. The analysis of the conditions entered into the standard form is presented in the form of Table 1.
The standard form, of course, contains information, mandatory and additional conditions inherent in any employment contract (according to Article 57 of the Labor Code of the Russian Federation). In the process of analyzing the standard form, we will dwell on them only if it is necessary to give useful comments and recommendations to the employer on how to fill them out.
An employment contract made according to this form will be very long (even with a small print, it will turn out from 10 pages).
Table 1
Analysis of clauses of a standard employment contract for micro-enterprises
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Summing up, we will clarify that a standard labor contract is a useful document, it can and should be used by micro-enterprises. But the very rejection of the LNA in favor of an employment contract seems to us controversial. In particular, it will not be possible to withdraw consent to the processing of personal data and vacation schedules (reasons set out above). decorations personnel documents also unavoidable. The personal files of employees, their work books, and payroll documents will remain mandatory. And the rest of the moments of the micro-enterprise can be quite fit in the only local regulatory act - the rules of the internal labor schedule. After all, it is not forbidden to add to it some features of remuneration and bonuses for employees.
Labor contract,
concluded between the employee and the employer - the subject of small
entrepreneurship, which refers to micro-enterprises
hereinafter referred to as the employee, on the other hand, hereinafter referred to as the Parties, guided by the Labor Code of the Russian Federation (hereinafter referred to as the Code), federal laws and other regulatory legal acts containing labor law norms, have concluded this employment contract as follows.
I. General provisions
1. The employer provides the employee with work: ______________________
and the employee undertakes to personally perform the specified work in accordance with the terms of this employment contract.
2. The employee is hired:
3. Additional terms(to be filled in if necessary)
4. Labor (official) duties are established (please specify)
6. It is concluded with the employee (required to be specified)
In the event of a fixed-term employment contract:
circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with Article 59 of the Code or other federal law (must be specified)
indicate).
c) using (listed if necessary)
9.1.2. For the use of equipment belonging to the employee or rented by him, software and hardware, the Internet, other means specified in
9.1.3. The employee submits reports (information) on the work performed to the employer
9.1.5. Working hours and rest time (must be specified)
9.1.6. Insurance certificate of compulsory pension insurance (must be specified)
9.1.7. The employer is obliged to familiarize the employee with the labor protection requirements when working with equipment and means recommended or provided by the employer (if the equipment and means are provided or recommended).
9.1.8. Information about remote work in work book remote worker
9.1.10. Upon reaching an agreement on making an entry in the work book, the employee
9.2. Conditions of the employment contract related to the specifics of the performance of home work (to be filled in the employment contract concluded with the homeworker):
9.2.1. The work specified in paragraph 1 of this employment contract is carried out from
9.2.2. For the use by a homeworker of his tools and mechanisms, he is paid compensation for their wear and tear, as well as other expenses related to
9.2.3. The procedure and terms for providing the homeworker with raw materials, materials and semi-finished products
II. Rights and obligations of an employee
10. The employee has the right to:
a) provision of work stipulated by this employment contract;
b) a workplace that meets state regulatory requirements for labor protection;
c) timely and in full payment of wages, the amount and conditions of receipt of which are determined by this employment contract, taking into account the qualifications, complexity of work, the quantity and quality of the work performed;
d) full reliable information about working conditions and labor protection requirements at the workplace;
e) compulsory social insurance in cases stipulated by federal laws;
f) conducting collective negotiations and concluding a collective agreement, agreements, as well as information on the implementation of a collective agreement (in case of conclusion), agreements (in case of conclusion);
g) change and termination of this employment contract in the manner and on the terms established by the Code, other federal laws;
h) protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
i) compensation for harm caused to him in connection with the performance of labor duties and compensation for moral damage in the manner prescribed by the Code, other federal laws;
j) association, including the right to create trade unions and join them, to protect their labor rights, freedoms and legitimate interests;
k) rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave in accordance with labor legislation and other regulatory legal acts containing labor law norms, an employment contract;
l) training and additional professional education in the manner prescribed by the Code, other federal laws;
m) pre-trial settlement of disagreements on the fulfillment of the terms of this employment contract, a collective agreement (if concluded), an agreement (if accepted) with the participation of a trade union or other employee representative;
o) protection of their personal data in accordance with the requirements of the legislation of the Russian Federation;
o) other rights established by labor legislation and other regulatory legal acts containing labor law norms, local regulations (if adopted), as well as arising from the terms of a collective agreement (if concluded), agreements (if concluded);
p) other rights established by this employment contract (to be filled in upon
|
need) |
11. The employee is obliged:
a) perform labor (official) duties in the position (profession or specialty) specified in paragraph 1 of this employment contract:
____________________________________________________________________________________
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b) observe the regime of working hours and rest time established by this employment contract, local regulations (if adopted), collective agreement (if concluded), agreements (if concluded);
c) keep labor discipline;
d) comply with the requirements for labor protection and ensuring labor safety;
e) undergo mandatory preliminary and periodic (within labor activity) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as to undergo extraordinary medical examinations at the direction of the employer in cases provided for by the Code;
f) take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property);
g) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property);
h) perform other duties established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted);
i) perform other duties established by this employment contract
III. Rights and obligations of the employer
12. The employer has the right:
a) change and terminate this employment contract in the manner and on the terms established by the Code, other federal laws, this employment contract;
b) require the employee to fulfill his labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), compliance with the internal labor regulations (if adopted);
c) encourage the employee for conscientious efficient work;
d) bring the employee to disciplinary and financial liability in the manner prescribed by the Code, other federal laws;
e) to other rights established by labor legislation and other regulatory legal acts containing labor law norms, this labor contract, local regulations (if adopted), as well as arising from the terms of the collective agreement (if concluded), agreements (if conclusions).
13. The employer is obliged:
a) to provide the work provided for by this employment contract;
b) ensure safety and working conditions that comply with state regulatory requirements for labor protection;
c) provide the employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties (if necessary, list)
e) organize (if necessary) mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as send for extraordinary medical examinations in cases provided for by the Code, at their own expense;
f) keep the employee's average earnings for the time of passing the mandatory medical examinations(surveys) in accordance with the Code;
g) compensate for harm caused to the employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the terms established by the Code, other federal laws and other regulatory legal acts of the Russian Federation;
h) train the employee in safe methods and techniques for performing work and providing first aid to victims at work, conduct labor protection briefings, on-the-job training and testing knowledge of labor protection requirements;
i) keep records of the working time actually worked by the employee, including overtime work and work on weekends and non-working days holidays;
j) pay in full the wages due to the employee in the manner and within the time limits established by this employment contract, as well as ensure an increase in the level of the real content of wages;
k) notify in writing about constituent parts wages due to the employee for the relevant period, on the amounts of other amounts accrued to the employee, on the amounts and on the grounds for the deductions made, on the total amount of money payable;
l) to process and ensure the protection of the employee's personal data in accordance with the legislation of the Russian Federation;
m) perform other duties stipulated by labor legislation, including legislation on special evaluation working conditions, and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted);
n) perform other duties (to be filled in if necessary)
b) compensation payments (surcharges and allowances of a compensatory nature) (if any):
(indicate, if available, information on all additional payments and allowances of a compensatory nature, including for work performed with harmful and (or) dangerous working conditions, for work in areas with special climatic conditions, for work at night, for overtime work, other payments);
c) incentive payments (additional payments and allowances of a stimulating nature, bonuses and
other incentive payments) (if any):
(indicate information about all incentive payments in accordance with the remuneration systems in force at this employer (additional payments, incentive bonuses, incentive payments, including bonuses, remuneration based on the results of work for the year, for length of service, other payments);
15. The procedure for increasing the level of the real content of wages is established (must be specified):
b) collective agreement, agreement (in case of conclusion), local normative act (in case of adoption) (required to be specified).
V. Working hours and rest time of the employee
18. The following working hours are established for the employee:
19. The following features of the work mode are established for the employee (to be filled in when
20. The employee is granted annual basic paid leave
21. The employee is granted additional annual paid leave
(to be filled in if there are grounds):
calendar days;
for work in the regions Far North and equivalent areas (or other
areas where the district coefficient and the percentage allowance are established
other types of additional paid holidays (specify if necessary)
22. Annual paid leave is provided to the employee annually (subject to guarantees for certain categories of employees provided for by the Code and other
VI. Occupational Safety and Health
VII. Social insurance and other guarantees
27. An employee is subject to compulsory pension insurance, compulsory medical insurance, compulsory social insurance in case of temporary disability and in connection with motherhood, compulsory social insurance against industrial accidents and occupational diseases in accordance with federal laws.
28. Additional guarantees (to be completed if any):
VIII. Other terms of the employment contract
30. Grounds for termination of an employment contract, in addition to those provided for by the Code (to be completed if necessary for remote workers, homeworkers and workers working for an individual entrepreneur):
IX. Changing the terms of the employment contract
32. Change determined by the Parties of the terms of this employment contract and the terms of their entry into force is allowed only by agreement of the Parties, with the exception of cases provided for by the Code. An agreement to change the terms of this employment contract determined by the Parties is concluded in writing.
33. When the employer changes the terms of this employment contract (with the exception of a change in the labor function) for reasons related to a change in the organizational or technological working conditions, the employer is obliged to notify the employee in writing within the time limits established by the Code.
X. Responsibility of the Parties to the employment contract
34. For non-fulfillment or violation of the terms of this employment contract, the Parties shall be liable in the manner and on the terms established by labor legislation and regulatory legal acts containing labor law norms.
XI. Final provisions
35. In the part not provided for by this employment contract, the employee and the employer are guided directly by labor legislation and regulatory legal acts containing labor law norms, a collective agreement (if concluded), an agreement (if concluded).
37. This employment contract is concluded in two copies of equal legal force, which are stored: one - with the employee, the other - with the employer.
38. Additional agreements on changing the terms of this employment contract are its integral part.
The employee is aware of:
with a collective agreement (if concluded)
with the employer's local regulations, directly
I give my consent to the processing of my personal data by the employer, necessary
for labor relations
Primary briefing on labor protection in accordance with paragraph 24 of this
employment contract passed:
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Address of the place of business |
Identity document: |
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__________________________________________ |
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(type, series and number, issuer, date of issue) |
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An identification number |
Other documents submitted |
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(signature of authorized person) |
Mandatory insurance certificate |
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(signature of the employee, date of familiarization) |
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Received a copy of the employment contract:
Employment contract terminated:
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Termination date |
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Grounds for termination of the employment contract: clause |
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Labor Code of the Russian Federation (clause |
of this employment contract). |
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Signature of authorized person
Notes: 1. Subparagraph "b" of paragraph 10 and subparagraph "h" of paragraph 13 do not apply to remote
employees.
2. Paragraph 18 does not apply to teleworkers and homeworkers.
3. Paragraphs 23-26 do not apply to teleworkers.
4. Paragraph 27 applies to employees - foreign citizens with special features established by federal laws and international treaties of the Russian Federation.
5. For foreign citizens or stateless persons, the following information is indicated:
on a work permit or a patent - when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation;
on a temporary residence permit in the Russian Federation - when concluding an employment contract with a foreign citizen temporarily residing in the Russian Federation or a stateless person;
on a residence permit - when concluding an employment contract with a foreign citizen permanently residing in the Russian Federation or a stateless person;
details of the contract (policy) of voluntary medical insurance or concluded by the employer with medical organization contracts for the provision of paid medical services with a foreign citizen or stateless person temporarily staying in the Russian Federation.
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