New edition Art. 67 of the Labor Code of the Russian Federation
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.
An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his authorized representative. Upon the actual admission of the employee to work, the employer is obliged to issue with him employment contract in writing no later than three working days from the day the employee was actually admitted to work, and if relations related to the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations, - no later than three working days from the date of recognition these relations are labor relations, unless otherwise established by the court.
When concluding employment contracts with certain categories of employees labor law and other regulatory legal acts, containing labor law norms, it may be necessary to agree on the possibility of concluding labor contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or to draw up labor contracts in more copies.
Commentary on Article 67 of the Labor Code of the Russian Federation
Article 67 Labor Code The Russian Federation fixed "framework" restrictions regarding compliance with the form of an employment contract. Note that these restrictions must be equally taken into account by both the employer and the employee when concluding an employment contract, since a document whose form does not meet the established legal requirements, in fact, has no legal force, just as if, for example, was not provided with the appropriate details.
The main requirements for the form of an employment contract are as follows:
1. An employment contract must be concluded in writing, at least in two copies (one for the employee and one for the employer). If necessary, additional copies and (or) copies of the employment contract are made.
2. Copies of the document intended for the parties labor relations must be signed by them. In addition, we recall that in accordance with the addition to the first part of Article 67 of the Labor Code of the Russian Federation, the fact that the employee received "his" copy of the employment contract is also confirmed by its signature on the copy of the employment contract remaining at the disposal of the employer (in storage with him).
3. In cases stipulated by laws and other regulatory legal acts, the conclusion of an employment contract may be preceded by a procedure for agreeing the conditions included in the document with the relevant persons or bodies that are not employers under these contracts, for compliance with such conditions (including the very possibility of concluding an employment contract ) legislation.
It is noteworthy that the Labor Code of the Russian Federation - subject to certain conditions- Allows "improper" registration of the employment contract. Thus, Article 67 of the Labor Code of the Russian Federation contains a provision according to which an employment contract that is not executed in writing is recognized as concluded if the employee, with the knowledge or on behalf of the employer or his representative, actually started (was admitted) to work. However, in similar situation the employer, within a period of not more than three working days from the date of the actual admission of the employee to work, is obliged to draw up an employment contract with him in writing and containing all the amount of information provided for by Article 57 of the Labor Code of the Russian Federation.
It should be noted that in practice, to conclude employment contracts with certain categories of workers, standard forms approved by the relevant organizational and administrative documents or local regulations.
Another commentary on Art. 67 of the Labor Code of the Russian Federation
1. A mandatory written form of an employment contract was established in 1992. According to the Labor Code in its original version, an employment contract could be concluded both in writing and orally. The current Labor Code of the Russian Federation also provides for a written form of an employment contract.
Previous legislation did not establish the legal consequences of non-compliance with the form of an employment contract. New Code also does not directly provide for such consequences, although it contains rules that are undoubtedly aimed at protecting the interests of the employee, which make it possible to judge the consequences arising from violation of the requirements for the form of the contract.
By virtue of h. 2 Article. 67 of the Labor Code of the Russian Federation, an employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative.
Consequently, non-observance of the form of an employment contract does not entail the invalidity of the latter: the contract is considered concluded from the moment the employee started work. From the same moment, the employment contract is considered to have entered into force (see Article 61 of the Labor Code of the Russian Federation and the commentary to it).
At the same time, the contract is considered concluded and entered into force only if the employee has started work with the knowledge or on behalf of the employer or his representative.
It should be borne in mind that the representative of the employer in this case is a person who, in accordance with the law, other regulatory legal acts, constituent documents legal entity(organization) either by local regulations or by virtue of an employment contract concluded with this person is empowered to hire employees, since it is in this case that when an employee is actually admitted to work with the knowledge or on behalf of such a person, labor relations arise (Article 16 of the Labor Code of the Russian Federation) and the employer may be obligated to draw up an employment contract with this employee in a proper manner (clause 12 of the Resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2). This rule was introduced in order to protect the employer from the actions of its employees beyond their competence. But this norm jeopardizes the interests of the employee, since it is not always obvious to him whether the person allowing him to work is acting within his competence or, conversely, arbitrarily. The previous labor legislation left this problem without permission.
The current legislation obliges the employer, when the employee is actually admitted to work, to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work (part 2 of article 67 of the Labor Code of the Russian Federation). Failure to fulfill this obligation imposed on the employer by law, i.e. which has a pronounced public law character, is the basis for the administrative responsibility of the relevant official of the employer (Article 5.27 of the Code of Administrative Offenses of Russia). Failure by the specified person to fulfill the statutory obligation to draw up an employment contract serves as the basis for disciplinary liability within the framework of an employment relationship.
2. The law does not provide for any unified mandatory form employment contract, so it can be drawn up in any form acceptable to the parties. In order to simplify the definition of the details and the formulation of the main terms of the contract, it is advisable to develop in employers a standard (unified) form (blank) of an employment contract filled in by the parties when it is concluded, as an annex to the internal labor regulations in force in the organization or to the collective agreement. The presence of a unified form of the contract does not exclude the possibility of its conclusion in a different form.
When drawing up an employment contract, the parties may be guided by the Recommendations for concluding an employment contract in writing and use Sample form such an agreement (Decree of the Ministry of Labor of Russia of July 14, 1993 N 135).
When concluding an employment contract for work in the regions Far North it is advisable to be guided by the Recommendations for the conclusion of an employment agreement (contract), reflecting the specifics of the regulation of social and labor relations in the conditions of the North, approved by the Decree of the Ministry of Labor of Russia dated July 23, 1998 N 29.
At present, a number of federal departments have approved standard forms of labor contracts that reflect the specifics of the use of labor in organizations (institutions) of these departments.
Standard forms of employment contracts are provided for sending various kinds federal public service and public service of subjects of the Russian Federation.
3. In accordance with Part 1 of Art. 67 of the Labor Code of the Russian Federation, an employment contract is drawn up in two copies, each of which is signed by the parties. One copy of the contract is transferred to the employee, the other is kept by the employer, and the receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the contract kept by the employer. At the same time, non-observance of this rule does not entail the invalidity of the employment contract.
When concluding labor contracts with certain categories of employees, laws and other regulatory legal acts on labor may provide for the coordination of the possibility of concluding contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or the drawing up of labor contracts in a larger number of copies , for example, paragraph 4 of the commentary to article 61 of the Labor Code of the Russian Federation).
Thus, the number of copies of the concluded employment contract is regulated by law in an imperative manner. At the same time, the parties have the right to draw up copies of the agreement subject to the restrictions established by the articles of Ch. 14 of the Labor Code of the Russian Federation (see the articles of Chapter 14 of the Labor Code of the Russian Federation and commentary to them). At his request, the employer is obliged to issue a copy of the employment contract to the employee in accordance with the rules established by this Code (see Article 62 of the Labor Code of the Russian Federation and commentary thereto).
4. The employer - an individual who is not an individual entrepreneur, is obliged to register a written contract with the employee in the relevant body local government(see article 303 of the Labor Code of the Russian Federation and commentary to it).
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LEADING. Expressions only: with or without knowledge with consent, with permission, with or without prior notice. Without the knowledge of the father. with the knowledge of the teacher. With my knowledge, without my knowledge. Dictionary Ushakov. D.N. Ushakov. 1935 1940 ... Explanatory Dictionary of Ushakov
Characteristic Length 15 km Basin Caspian Sea Doibitsa river basin => Volga Watercourse Source ... Wikipedia
Vedoma It flows through the territory of the Moscow region. The source is peat bogs near the border of the Tver and Moscow regions. Doibitsa Length 15 km ... Wikipedia
- KNOWN ◊ With the knowledge of whom. adv. Notifying; with the permission, the consent of Act with the knowledge of superiors. Without knowing who. adv. without notifying; without permission, consent. To build a chemical plant without the knowledge of the public of the area ... encyclopedic Dictionary
knowing- with the knowledge without the knowledge ... Dictionary of many expressions
Knowingly, without knowing, with knowledge. The processes of transformation of case forms of nouns into adverbs are very active in the modern language. Different nominal forms that have entered the path of adverbialization are at different stages of this path. By ... ... The history of words
In the One and Primordial (1) there was neither Sat nor Asat (2) There was also no air space with a wide-spread vault between them. What then covered everything? What moved back and forth? Where? Under whose protection? What was the water... Encyclopedia of mythology
Cm … Synonym dictionary
See with the knowledge of VV Vinogradov. History of words, 2010 ... History of words
Without knowledge … Spelling Dictionary
Books
- Russia is little known to us ..., Arkhangelskaya Irina Dmitrievna. This book is a tribute to the daily St. Petersburg "Commercial and Industrial Newspaper" (1893-1918), the "goddaughter" of S. Yu. Witte, the official publication that took on the role of "accumulator" ...
- Russia is little known to us, Arkhangelskaya I. (author-comp.). This book is a tribute to the daily St. Petersburg "Commercial and Industrial Newspaper" (1893-1918), the "goddaughter" of S. Yu. Witte, the official publication that took on the role of "accumulator" ...
- 1721: copies from the decrees of his imperial majesty that took place, and from the eternal peace treatise with the Sveisky crown. Collected, and henceforth for action and knowledge printed under the Senate in the printing house. , . Reproduced in the original author's spelling of the edition of 1725 (publishing house `St. Petersburg, Senate printing house`). IN…
An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work (Article 67 of the Labor Code of the Russian Federation).
However, when starting to perform work duties without first signing an employment contract, be prepared for the fact that in the event of a conflict, you will be required to provide evidence that you did not independently decide to “come and work a little”, but did it with the consent of your employer.
If you decide to start working without concluding an employment contract, the following options for further actions are possible:
1) work calmly, without taking any action, and at the same time collect evidence in case of a conflict;
2) apply to the state labor inspectorate or the prosecutor's office with a complaint against the employer;
3) apply to the court, while continuing to work and collect evidence.
At the same time, option No. 2, i.e., contacting state control and supervision authorities, is more suitable if you work for a large, “white” employer who is unlikely to deny the fact of your work and rush to draw up an agreement before an audit by the state labor inspector. In other cases state inspection labor and the prosecutor's office, most likely, will be satisfied with the employer's explanation that you did not work for him and will recommend that you go to court. However, if you submit a written complaint to the named control (supervision) authorities, they will be required to carry out an investigation into the complaint. Sometimes, during inspections by regulatory authorities, employers acknowledge the fact that an employee works, provide documents to the control authorities, on the basis of which the employee will be able to build his position in court, etc. Thus, we believe that applying to the prosecutor's office and (or) to the inspection Your subject's work is not meaningless in many situations.
If you decide to silently collect evidence or go to court after three working days from the date of admission to work, then you need to understand that you have to prove the following circumstances:
1. That you were in an employment relationship with the employer.
Common signs of an employment relationship are as follows:
The administrative authority of the employer (during working hours, the employee is obliged to be at the disposal of the employer, the employee is given instructions and assignments that are mandatory for him, the employee can be brought to disciplinary responsibility, etc.);
Work under the terms of the regime established by the employer, non-independent distribution by the employee of his working time;
Work in a certain profession (position);
As a rule, the long-term nature of legal relations;
Other formal signs (granting vacations to the employee, regular payment wages, including regardless of the result of work, additional medical insurance, etc.).
The fact of your work can, for example, be confirmed by witnesses (clients, work colleagues, etc.), you may have written evidence: outfits, tasks, orders, passes, checks, badges, powers of attorney certified by a representative of the employer, an additional policy health insurance, etc.
You can try to request some documents from the employer through the court. For example, if you worked as a waiter in a restaurant and customers left complaints against you in the complaint book or wrote thanks there, you can ask the court to request a certified copy of this document from the employer to confirm the fact of your work.
2. The fact that you were allowed to work (or knew about your work) by an authorized representative of the employer.
Without a power of attorney (other authorization) is: individual entrepreneur(in the case of working for an individual entrepreneur), director / general director in organizations (another head of the organization who has the right to act from it without a power of attorney by virtue of internal documents and the law).
IMPORTANT! It should be borne in mind that an authorized representative of an employer-organization is a person who, in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations or by virtue of an employment contract concluded with this person, is empowered to hire employees , since it is in this case that when an employee is actually admitted to work with the knowledge or on behalf of such a person, labor relations arise and the employer may be required to draw up an employment contract with this employee in a proper way (see paragraph 12 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).
On behalf of the employer organization without a power of attorney (other authority), its head has the right to act. In societies with limited liability(LLC) and in joint-stock companies(CJSC, OJSC) the head is usually referred to as the director or CEO, less often the president, etc. The presence of powers of the head can be checked by requesting at any tax office an extract from the Unified State Register of Legal Entities (EGRLE) in relation to the employing organization. The extract will indicate the person who is entitled to act on behalf of the organization without a power of attorney at the moment (his full name and position). The extract is issued at the request of any interested person who has paid the state fee.
Other persons will be recognized by the court as authorized representatives of the employer only if they have a power of attorney from the head or their authority to act on behalf of the employer in relations with employees of the organization is specified in the internal documents of the organization (charter, other local acts, orders, etc.). At the same time, the court will need to provide evidence that these persons had a power of attorney or their powers are indicated in the internal documents of the employer, which can become a problem, since these documents are with the employer, and he may claim that they never existed. Therefore, if you were allowed to work by a person who is not the head of the organization, you should try to acquire evidence that this person has the appropriate authority.
At the same time, the court, when considering a case on the recognition of labor relations, will take into account specific circumstances, for example, the fact of transferring a salary to an employee to a bank account, issuing a medical insurance policy, withholding personal income tax from an employee’s salary, paying contributions to funds for an employee, etc. In such cases, it can be argued that the authorized person could not have been unaware of the conclusion of an employment contract with an employee.
However, if there was nothing of the kind, the court may conclude that the employee did not enter into an employment relationship with the employer-organization and refuse to satisfy the claims.
3. Salary it is advisable to prove it with written evidence (for example, before going to court, ask the employer for a certificate in the form 2-NDFL about your earnings, which is allegedly necessary to obtain a loan from a bank, provide the court with an extract on bank account where wages were transferred, etc.). If the amount of wages is not proven, then the judge will most likely proceed from the minimum wage + district coefficient (in areas where it is established).
In cases on recognition of the existence of an employment relationship, any evidence provided for by law (witness testimony, documents, audio and video recordings, etc.) may be presented to the court.
It is possible to agree to work without a contract only as a last resort, being aware that such work may remain unpaid.
Legal requirements
Indeed, labor legislation allows you to start work without an employment contract signed by the parties. According to part 2 of Art. 67 of the Labor Code of the Russian Federation, an employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his authorized representative.
At the same time, the law does not at all exempt the employer from the requirement to sign with the employee all the documents necessary for applying for a job, but only gives a slight delay: upon actual admission to work, the employer is obliged to draw up an employment contract with the employee in writing no later than three working days from the date of the actual employee permission to work. In addition, within three days from the date of the actual start of work, the employee must be familiarized against signature and with the order (instruction) on hiring, which is established by Part 2 of Art. 68 of the Labor Code of the Russian Federation.
The procedure for issuing the actual admission of an employee to work is not regulated by labor legislation
The procedure for issuing the actual admission of an employee to work is not regulated by labor legislation, and neither the Labor Code nor any other regulatory acts indicate the need to draw up additional documents.
The situation under consideration is an exception to the generally accepted rule: "first - the contract, after - the work." And even if in the future the employer does not draw up an employment contract and does not issue all the documents necessary for hiring, the “offended” employee will be able to protect and defend his rights, since labor legislation considers these labor relations to be established.
However, the person who decides on the actual admission of the employee to work must be vested with appropriate powers. Only in this case, the employment relationship can be recognized as actually established. On the basis of paragraph 12 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts Russian Federation of the Labor Code of the Russian Federation" the representative of the employer in the event of the actual admission of the employee to work is a person empowered to hire employees in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations or by virtue of an agreement concluded with this person labor contract. Otherwise, the relationship may not be recognized as labor, the employer has the right to refuse and not conclude an employment contract with an employee who was previously actually admitted to work.
At the end of 2013, Article 67.1 was introduced into the Labor Code by the Federal Law of December 28, 2013 No. 421-FZ, which establishes the consequences of the actual admission to work by an unauthorized person.
According to this article, if an individual was actually admitted to work by an employee who is not authorized by the employer to give such admission, and the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer as an employment relationship ( to conclude an employment contract with a person actually admitted to work), the employer in whose interests the work was performed is obliged to pay such to an individual actual time worked by him (work performed).
At the same time, a person who allowed the actual admission to work, but does not have the right to do so, is held liable, including material, in the manner prescribed by labor legislation and other federal laws.
For example, in accordance with Art. eleven federal law dated December 28, 2013 No. 421-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On special evaluation working conditions ", amending, among other things, the Code of the Russian Federation on administrative offenses, from January 1, 2015, for the actual admission to work by an improper person, administrative liability will be provided in the form of a fine: for citizens in the amount of three thousand to five thousand rubles; for officials - from ten thousand to twenty thousand rubles.
Orally or in writing?
As noted above, the procedure for formalizing the actual admission of an employee to work is not regulated by labor legislation. Part 2 of Art. 67 of the Labor Code of the Russian Federation only establishes that, upon actual admission, the employee starts work with the knowledge or on behalf of the employer or his representative.
What should be the order of the authorized person - oral or written?
Of course, an oral order on the actual admission of an employee to work will not contradict the law, but it is more expedient to issue this admission in writing.
Of course, the preparation of additional documents (including a memo, an order for actual admission to work, etc.) is a rather laborious process and will increase the time required to process the hiring of a new employee. However, in the future they will help confirm the legitimacy of the employment relationship: if necessary, it is the written order for admission that will be proof that the three-day term for concluding an employment contract has been observed.
In addition, written documents confirm (or refute) the fact that an employee was admitted to work by an authorized person.
Paperwork
As a rule, the need for the actual admission of the employee to work is fixed in memorandum (Appendix 1) in the name of the head of the organization or other authorized person.
The memorandum also indicates the reasons why the employee should actually be allowed to work, and determines the date of entry to work.
The head of the organization or other authorized official puts down a resolution on the memorandum indicating the measures necessary to formalize the actual admission to work.
The memorandum is the basis for the publication order on the actual admission to work (Appendix 2), with which the employee gets acquainted with the signature. This order is an order on personnel, in the text of which it is necessary to indicate the date from which the employee is allowed to work. The order is signed by the head of the organization or other authorized person.
If necessary, in cases provided for by law (Article 69 of the Labor Code of the Russian Federation), after signing the order on the actual admission to work, the future employee should be sent for a mandatory preliminary medical examination / examination. Before starting work allowed to work in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, you need to familiarize yourself with the internal labor regulations, other local regulations of the organization related to the upcoming labor activity, collective agreement, as well as, according to Part 2 of Art. 225 of the Labor Code of the Russian Federation, conduct a briefing on labor protection. In addition, from a person admitted to work, it is necessary to obtain the documents listed in Art. 65 of the Labor Code of the Russian Federation for the subsequent conclusion of an employment contract.
Test setting
The condition for establishing a test for a workable person must be fixed in a separate test agreement (Annex 3). This requirement indicated in Part 2 of Art. 70 of the Labor Code of the Russian Federation. If an employee is actually allowed to work without an employment contract, then, according to this rule, a probationary condition can be included in an employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.
An agreement indicating the testing period is drawn up before the start of work in writing in two copies. Each copy must be signed by the head of the organization or other authorized representative of the employer and the person admitted to work.
An employment contract must be drawn up in writing no later than three working days from the date the employee is actually admitted to work.
Registration of an employment contract
As mentioned above, an employment contract must be drawn up in writing no later than three working days from the date the employee is actually admitted to work (part 2 of article 67 of the Labor Code of the Russian Federation).
According to part 2 of Art. 57 of the Labor Code of the Russian Federation, a prerequisite for inclusion in an employment contract is the date of commencement of work, therefore, in an employment contract with an employee admitted to work, actual start date preceding the date of conclusion of the employment contract.
If the parties entered into an agreement on the establishment of a test before the start of work, this condition must also be reflected in the employment contract ( Appendix 4).
The employment contract is the basis for issuing an employment order, which also indicates the actual date of commencement of work.
The work book, when the employee is actually admitted to work, is drawn up and filled out according to general rules, provided for by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” and Instructions for filling out work books, approved. Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69.
In this case, the date of employment, put down in column 2 of the section "Information about work" work book employee, will also be ahead of the date of the order-grounds for employment indicated in column 4.
"Personnel officer. labor law for personnel officer", 2008, N 6
Actual work permit
In accordance with Art. 67 of the Labor Code, when a person starts work with the knowledge or on behalf of the employer or his representative, then the employment contract is considered concluded, even if it is not executed in writing. This situation is called the actual admission to work. The actual admission is considered an improper procedure for concluding an employment contract, but, despite this circumstance, it is expressly provided for in Art. Art. 61 and 67 of the Labor Code as the basis for the emergence of labor relations.
Currently, enterprises, especially those in medium and small businesses, organize so-called internships for persons hired. Its duration is set from two to five days, but it happens that the very next day a person is suspended from work. The suspension from work is explained by the fact that the director did not sign an employment contract and an order for employment. The question arises: is it possible to protect one's right to work in such a situation? Let's turn to the law and the explanations of the highest judicial body of the Russian Federation.
Decree of the Plenum of the Supreme Court of the Russian Federation of December 28, 2006 No. 63 amended and supplemented the well-known Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation." In paragraph 1, an explanation appeared that a labor dispute that arose in connection with a refusal to hire is not a dispute about reinstatement, since it does not arise between the employer and a person who was previously in an employment relationship with him. However, paragraph 10 of the same Decree clarifies that when considering disputes related to denial of employment, it is necessary to check whether the employer made an offer of available vacancies, whether negotiations were held on employment, i.e. whether there was a conversation with the coordination of the position, specialty, qualifications, working and rest conditions, payment issues. No less important is the grounds on which this person was refused to conclude an employment contract.
This clarification is of great importance for the protection of their right to work. In the practice of formalizing labor relations, quite often, after a conversation in the personnel department, the applicant goes to the head of the section (head of the department), i.e. to the future immediate supervisor. They explain to a person, they say, "you will like" the head of the section, which means we will apply for a job. The head of the section, wanting to find out the professional qualifications, appoints an "internship". The applicant is given overalls, and during the working day he demonstrates his professional suitability. The next day, an unforeseen circumstance happens. The applicant is denied employment, explaining that the director did not sign the employment contract and the order for employment. In the course of resolving a labor dispute, given the absence of a written employment contract and an employment order, it is concluded that there was no employment relationship with this employee.
But it turns out not everything is so simple. In accordance with Art. 67 of the Labor Code, when a person starts work with the knowledge or on behalf of the employer or his representative, then the employment contract is considered concluded, even if it is not executed in writing. This situation is called the actual admission to work. The actual admission is considered an improper procedure for concluding an employment contract, but, despite this circumstance, it is expressly provided for in Art. Art. 61 and 67 of the Labor Code as the basis for the emergence of labor relations. In this situation, the employer is obliged to draw up an employment contract in writing and submit it to the employee for signature no later than 3 working days from the moment when he began to perform his labor duties. Within the same 3 days, the employer is obliged to prepare an order for employment, announce it to the employee against signature, and issue a copy of this order to the employee at his request.
In conclusion, I would like to remind you that labor relations, in accordance with the law, arise from the first day of the so-called internship. A person admitted to such a test of professional suitability is recognized as an employee, i.e. a full-fledged party to the labor relations that have arisen. In case of refusal in further employment, this employee has the right to file a claim against his employer for reinstatement. Such a claim is considered directly in the district (city) court in accordance with Art. 391 of the Labor Code.
V.Vanyukhin
Moscow State
open university,
retired federal judge
supervisor
legal center "Science"
Signed for print
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