An approximate form of an employment contract between an individual entrepreneur and an employee. Sample form of an employment contract between an employee and an individual entrepreneur employer

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired by the Employer to perform work in a position in.

1.2. The employee is required to start working in 2019.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this agreement is the main one for the Employee.

1.5. The Employee's place of work is at: .

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following job responsibilities: .

2.2.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, and conscientiously perform their job duties specified in clause 2.2.1. this employment contract.

2.2.3. Take care of the Employer’s property, maintain confidentiality, and not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without the permission of its management.

2.2.5. Comply with labor protection, safety and industrial sanitation requirements.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay the Employee in the amount established in clause 3.1. this employment contract.

2.3.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the Employer’s work in the manner established by the Regulations on remuneration and other local acts of the Employer.

2.3.5. Carry out compulsory social insurance for the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. Pay for training, if necessary, in order to improve the Employee’s qualifications.

2.3.7. Familiarize the Employee with labor protection requirements and internal labor regulations.

2.4. The employee has the following rights:

• the right to provide him with the work specified in clause 1.1. this employment contract;
• the right to timely and full payment of wages;
• the right to rest in accordance with the terms of this employment contract and legal requirements;
• other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

• encourage the Employee in the manner and amount provided for by this employment contract, the collective agreement, as well as the conditions of the legislation of the Russian Federation;
• bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;
• exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid a salary in the amount of rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside normal working hours, at night, on weekends and non-working holidays, etc. The employee is paid the following additional payments:

3.2.1. Work on weekends and non-working holidays is paid double.

3.2.2. An employee who performs for the same employer, along with his main work stipulated by an employment contract, additional work in another profession (position) or performing the duties of a temporarily absent employee without being released from his main job, is paid additionally for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the additional agreement to this agreement.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime caused by the employer, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the Employee’s average salary. Downtime due to reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary). Downtime caused by the Employee is not paid.

3.4. The conditions and amounts of the Company's payment of incentives to the Employee are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the “Regulations on Remuneration” in the following order: .

3.6. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and food from one hour to one, which is not included in working hours.

4.3. Work of the Employee in the position specified in clause 1.1. agreement is carried out under normal conditions.

4.4. The employee is granted annual leave of 28 calendar days. Vacation for the first year of work is granted after six months of continuous work in the Company. In cases provided for by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be provided at any time of the working year in accordance with the order of provision of annual paid leave established in this Company .

4.5. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

5. EMPLOYEE SOCIAL INSURANCE

5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

6. WARRANTY AND COMPENSATION

6.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

7. RESPONSIBILITY OF THE PARTIES

7.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer’s internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

8. TERMINATION OF THE AGREEMENT

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the Employee’s last day of work, with the exception of cases where the Employee did not actually work, but retained his place of work (position).

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and are not subject to disclosure.

9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

9.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

11. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

Every entrepreneur has the right to hire employees - individuals. In accordance with labor legislation, an agreement must be concluded between the employer and the employee. Its presence guarantees the fulfillment of their obligations by both parties. On our website you can download a free employment contract with an individual entrepreneur, sample 2018. In this case, the specifics of concluding an agreement in the new year should be taken into account.

Features of concluding an employment contract with an individual entrepreneur

When drawing up a contract with an individual entrepreneur, you must adhere to the general rules for establishing labor relations:

the contract is concluded only in writing;

the employee must be at least 16 years old;

the salary cannot be lower than the regional minimum wage.

The document is drawn up in two legally equivalent copies, one of which remains with the individual entrepreneur, the other is given to the employee. Each copy of the agreement must have the employer’s stamp and signature (or the signature of an authorized person - accountant, deputy, personnel officer). The employee must also sign.

To draw up a contract you will need:

passport of the future employee;

• employment history;

  health record (for certain types of activities, for example, in trade or medicine);

  for young people under the age of 27 - a military ID, since the individual entrepreneur is required to keep military records;

  documents confirming the qualifications of the future employee;

  permission of parents or guardians if the contract is concluded with a minor.

If an employee does not have a work book or SNILS, then the employer must issue them. If there is no health certificate, the employee must contact the local SES himself and pass the sanitary minimum and undergo a medical examination. This procedure is not paid for during initial hiring, but the following year the employer will have to pay for a medical examination for its employees.

After signing the contract, the individual entrepreneur must draw up an order to hire the employee for the position. The employee must sign the order, confirming that he has read it. The date of drawing up the order must coincide with the date of actual return to work.

Then, within a month, the employer must register the contract with the municipality and notify the Pension Fund and Social Insurance Fund about the hiring of a new employee and obtain certificates. If the deadline for providing documents is violated, the individual entrepreneur is punished with a fine.

What should be discussed in the contract

There is no statutory sample agreement between an employee and an individual entrepreneur, however, in accordance with the Labor Code, the following information must be included in it:

employee information;

information about the employer, including his tax identification number and individual entrepreneur registration data;

subject of the contract – name of the position and place of fulfillment of labor obligations;

type of contract - main or part-time;

terms - the date of drawing up the contract and the date of actual return to work (they may vary), the duration of the probationary period, as well as urgency - i.e. the contract can be concluded for an indefinite period (indefinite) or for a certain time, for example, while the main employee is on maternity leave or on a business trip;

rights and obligations of the parties;

working hours (duration of the working week, schedule, etc.) and rest (lunch break, vacation, etc.);

size and conditions of remuneration – salary, bonuses, accruals for off-hour work;

social guarantees;

financial liability of the parties;

conditions for termination of the employment contract and final provisions.

At the end of the document, both the employer and the future employee put their signatures and indicate the date. The individual entrepreneur must also put a stamp.

If the agreement takes several pages, each of them must be numbered, and the entire document must be stapled, at least with a stapler.

The absence of any of the clauses makes the contract invalid and leads to the cancellation of the employment agreement. You can download the form of an employment contract between an individual entrepreneur and an employee for free to ensure that you fill out this important document correctly and not worry about the legality of your actions.

If any changes need to be made to the text of the contract, for example, the employee’s job responsibilities have changed or the amount of wages needs to be adjusted, then the employer must invite the employee to draw up an additional agreement. Only with his consent can a new document be drawn up and a corresponding order issued. The additional agreement is also drawn up in two copies, signed by both parties and becomes an integral part of the main agreement. It is worth noting that the provisions of the new agreement cannot worsen working conditions.

Legislation carefully regulates labor relations arising between an employee and an employer. The main legal act regulating this area of ​​legal relations is the Labor Code of the Russian Federation. Of course, in addition to this legislative act, there are others.

Current legislation states that an employment contract is the basis for the emergence of labor relations.

Features of document preparation

Conclusion and design

At the same time, the legislation makes it possible to conclude employment agreements also for persons who are registered as individual entrepreneurs and carry out entrepreneurial activities.

Important! Only an individual who is over 18 years old and whose legal capacity is not limited can act as an employer.

An individual entrepreneur, as a business entity, can enter into an employment agreement and hire an employee to use his labor in the course of business activities.

Important! When concluding such an agreement, it is necessary to remember that it must be registered with the relevant local government body. The employer is responsible for registering it.

In this case, the employer-individual entrepreneur can enter into an agreement both with a certain period of validity (fixed-term agreement) and an agreement for an indefinite period. If the agreement was concluded with a certain period of validity, then the text of the agreement must indicate the final period of its validity.

Important! Current labor legislation states that termination of a fixed-term employment contract is carried out by sending a corresponding notice. If the employer has not notified the employee of the termination of the contract, after its expiration it will be considered concluded for an indefinite period of time ().

An exception to this rule is provided only in cases where a fixed-term employment contract was concluded for the purpose of fulfilling the work duties of a temporarily absent employee.

Subject of the agreement

Based on the employment contract, the employee undertakes to perform certain work on behalf of the employer, and the employer undertakes to pay for this work.

Important! The text of the employment agreement must clearly indicate the type of work that the employee must perform, as well as all his job responsibilities.

The text of the employment contract must also indicate the place of work and working hours (working days and hours).

Payment

For work performed, the employee receives a certain amount of money as wages. The text of the contract must indicate the amount of the employee’s salary. Moreover, if the employee is due an additional payment or other type of additional salary, this must also be indicated in the text of the employment contract.

The employee and employer must agree on the procedure for paying wages. Today, many people use the non-cash payment option. But the employee can also receive wages in cash. If the text of the agreement specifies a non-cash payment option, then the employee’s bank account number must also be indicated.

The employment contract must also indicate:

• the rights and obligations of each party;
• liability of the parties;
• procedure for changing the contract.

Completed sample document

Employment contract No.

_________________ from “__”________201_

Individual entrepreneur________________________________________,

(Full Name)

valid on the basis of a state registration certificate __________________________________________________________________________,

(number, date)

hereinafter referred to as the “Employer”, and________________________________________________,

(Full Name)

hereinafter referred to as the “Employee”, have entered into this agreement as follows.

1. The Subject of the Agreement

1.1. The Employer provides the Employee with work______________________________

(name of position, specialty, profession)

with the performance of the following labor functions_____________________________________________

(a brief description of)

and the Employee personally performs the labor function stipulated by the contract.

1.2. The Employee’s place of work is _____________________________________________

(name and location of the structural unit of the Employer)

2. Type of contract

2.1. The contract is_________________________________________________

(select: contract for main job, contract for part-time work)

3. Duration of the contract

3.1. The contract is concluded for:

(choose)

• indefinite term;
• period from "_"_______201_. until "_"_______201_ in connection with _____________________________________

(indicate the basis for concluding a fixed-term employment contract)

3.2. In order to verify the Employee’s compliance with the assigned work, a test is established for a period of ________________________________ months.

3.3. Start date ___________________________________

4. Rights and obligations of the Employee

4.1. The employee is obliged:

4.1.1. Conscientiously fulfill his labor duties assigned to him by this Agreement;

4.1.2. Submit to the Employer’s internal regulations and observe labor discipline;

4.1.3. Comply with established labor standards;

4.1.4. Comply with labor protection and occupational safety requirements, rules and regulations of industrial sanitation and hygiene;

4.1.5. Treat the property of the Employer and other employees with care;

4.1.6. 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 Employer’s property;

4.1.7. Do not disclose official or commercial secrets;

4.1.8. Ensure cleanliness and order in the workplace.

4.1.9._______________________________________

4.2. The employee has the right to:

4.2.1. A properly equipped workplace that meets the conditions provided for by state standards of organization and labor safety;

4.2.2. Timely and full payment of wages provided for in this Agreement, in accordance with the quantity and quality of work performed;

4.2.3. Annual paid leave and weekly rest in accordance with current legislation;

4.2.4. Compensation for harm caused to the Employee in connection with the performance of his work duties.

4.2.5.________________________________________

5. Rights and obligations of the Employer

5.1. The employer is obliged:

5.1.1. No later than ten days from the date of signing the employment contract or the actual admission of the Employee to perform his duties, one copy of the employment contract registered with the local government body must be handed over to the Employee against signature.

5.1.2. Organize the Worker's work.

5.1.3. Create conditions for safe and efficient work.

5.1.4. Set up the workplace in accordance with labor protection and safety regulations.

5.1.5. Pay the employee the wages specified in clause 8 of this agreement at least twice a month.

5.1.6. Make payments for insured events provided for by the legislation on state compulsory social insurance, including:

• payment of benefits for temporary disability, pregnancy and childbirth, etc.;
• provision of insurance against industrial accidents.

5.1.7. In order to protect public health and prevent the occurrence and spread of diseases, conduct mandatory periodic medical examinations of the Employee.

5.1.8. No later than ten days from the date of registration of the termination of the employment contract, amendments and additions to it, one copy of the employment contract with a mark on the registration of termination, amendments and additions should be handed over to the Employee against signature.

5.2. The employer has the right:

5.2.1. Require the Employee to perform the job duties assigned by this Agreement and to comply with the Internal Regulations;

5.2.2. Encourage the Employee for conscientious, effective work;

5.2.3. Bring the Employee to disciplinary and financial liability in accordance with current legislation.

5.2.4. Provide the Employee with unpaid leave for family reasons and other valid reasons.

5.2.5. Carry out professional training, retraining, and advanced training of the Employee in educational institutions of additional education on the terms and in the manner determined by the student agreement concluded with the Employee.

5.2.6.____________________________________

6. Characteristics of working conditions

6.1. In order for the Employee to perform the work stipulated by this Agreement, he is provided with the following working conditions:

A workplace that meets occupational health and safety requirements is provided. ____________________________________________________________

(a brief description of)

7. Work and rest schedule

7.1. The following working week duration is established for the employee:

(select the one you need)

• five days with two days off;
• six days with one day off,
• working week with days off on a rotating schedule.

(specify schedule)

7.2. The employee is provided with:

(select the one you need)

• working day lasting __ hours from _______________ to _______________,
• flexible working day (the start, end or total duration of the working day is determined by agreement of the parties),
• shift work according to the approved schedule,
• summarized working time tracking,
• working day divided into parts ______________,
• part-time work _______________,
• irregular working hours.

7.3. The employee is entitled to annual paid leave of 28 calendar days.

Annual leave is provided in accordance with the schedule approved by the Employer for the calendar year.

7.4. Annual paid leave can be divided into two parts and provided at different times during the same calendar year.

7.5. The employee is provided with additional paid leave for irregular work of _______________ days duration.

8. Terms of payment

8.1. For the performance of work stipulated by this Agreement, the Employee is paid:

official salary in the amount of _________ rubles per month, ______________________________

(other form of payment)

8.2. Based on the results of his work, the Employee has the right to receive:

(indicate payments in the form of allowances, additional payments, bonuses, other remunerations, their amounts, procedure and terms of payment)

8.3. The Employee's remuneration for work at night, on weekends and holidays, and overtime is made in the following amounts ___________________________________________

9. Types and conditions of social insurance

9.1. During the period of validity of the Agreement, the employee is subject to the following types of social insurance:

• compulsory social insurance;
• compulsory health insurance;
• compulsory social insurance against accidents at work and occupational diseases;
• compulsory pension insurance.

9.2. Insurance is carried out in accordance with the rules and conditions established by current legislation.

10. Material liability of the parties

10.1. The parties are financially liable for damage caused by it to the other party to this Agreement as a result of its culpable unlawful behavior (actions or inaction), in the amounts determined by current legislation.

10.2. Each party to the employment contract is obliged to prove the amount of damage caused to it.

10.3. If the Employer violates the established deadlines for payments due to the Employee, the Employer is obliged to pay them with interest (monetary compensation) in the amount of ________, but not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts unpaid on time for each day of delay, starting from the next day after the payment deadline established by the collective agreement up to and including the day of actual payment (unless the collective agreement provides for a larger amount of compensation).

10.4. For damage caused to the Employer, the Employee bears financial liability within the limits of his monthly earnings, except for the cases provided for.

11. Special conditions

This section can provide for issues of professional retraining of the Employee at the expense of the Employer, reimbursement by the Employer of expenses for the use of the Employee’s personal property; domestic issues.

the grounds on which the employment contract is terminated have been established. According to, in addition to the grounds provided for by the Code, an employment contract with an employee working for an individual employer may be terminated on the grounds provided for in the employment contract. The notice period for dismissal, as well as the cases and amounts of severance pay and other compensation payments paid upon termination of the employment contract are determined by the employment contract.

Thus, in the special conditions of an employment contract, it is possible to provide for the grounds for termination of an employment contract with an employee in addition to those established, as well as notice periods for dismissal, cases and amounts of severance pay paid upon termination of an employment contract, and otherscompensation payments.

12. Final provisions

12.1. The Employer notifies the Employee in writing of changes in the essential conditions provided for in this employment contract at least fourteen calendar days in advance.

12.2. This Agreement is concluded in three copies, one for each party, the third copy of the agreement remains with the local government body that registers employment contracts.

12.3. Addresses and details of the parties:

EMPLOYER EMPLOYER

_____________

(full name, position) (full name)

Address:_________________ _______________

_________________ _______________

_________________ _______________

The article will reveal the main points relating to employment contracts with individual entrepreneurs.

What are the rules for hiring such persons, how is the process of concluding an agreement for different categories of workers carried out - more on this later.

If a person gets a job with a private person, then it is also necessary to conclude an employment agreement with him, which describes the working conditions.

An agreement with an individual entrepreneur is practically no different from an agreement with a physical person, but has some features. To avoid problems, you need to know them.

What you need to know

When entrusting work to an employee, the entrepreneur enters into an employment relationship with him, so concluding an agreement is a prerequisite.

If an entrepreneur hires an employee temporarily, he enters into a contract with him, the term of which cannot be more than 5 years.

Compiled in the following cases:

• in case of replacement of the main employee;
• to perform seasonal work;
• for work related to personnel retraining;
• combination of several positions;
• concluding an agreement with people of retirement age or disabled people.

Some entrepreneurs like to enter into contracting agreements. Thus, it is possible to refuse various social benefits - sick leave, and others.

Also, in this case, the employee can be fired without difficulty or explanation. But if an employee contacts the labor inspectorate, then this will not turn out well for the individual entrepreneur.

Even if a person is accepted for several months, an agreement is necessary. It must be concluded within 3 days from the date the employee begins to perform his duties.

An employee who has entered into an employment agreement with an individual entrepreneur has the right to payments, just like government employees.

Labor activity in an individual enterprise is taken into account in the total length of service. All disability benefits are paid.

If an individual entrepreneur evades payments, then responsibility is imposed on him.

Documents that must be provided to conclude an employment agreement with an individual entrepreneur:

• passport or other certificate that confirms identity;
• work book. If the employee is hired for the first time, then the employer must create one;
• insurance pension certificate;
• for those liable for military service - military ID;
• identification code;
• education document.

This is the main list, but an individual entrepreneur may require other documentation - it depends on the type of his work.

At the time of execution of the contract, the employer is obliged to draw up, describe the instructions and responsibilities of the employee, and open a personal file.

It is also important to make an entry in the work book. After the entrepreneur has entered into an agreement with the employee, he must perform a number of actions.

Within 10 days, visit the Social Insurance Fund with the employee’s documents.

Responsibilities for individual entrepreneurs:

1. Be sure to conclude an agreement with the employee and provide all the conditions specified in it.
2. If the employee is hired for the first time, then issue all insurance certificates.
3. Pay your dues on time.

An employment agreement with an individual entrepreneur does not need to be registered with any authorities.

Basic definitions

Employment rules for individual entrepreneurs

An individual entrepreneur should remember that after hiring an employee, he must register with the Social Insurance Authorities (within 10 days) and the Pension Fund (within a month).

Hiring is possible only after the order is issued.

Legal grounds

According to the legislation, every person has the right to work. In this case, a mandatory condition is the conclusion of an employment agreement with the employer.

By agreement with the individual entrepreneur, the employee can begin his duties before the contract is signed.

The contract can be terminated upon expiration of its validity period. In this case, the employer is obliged to notify the employee 3 days in advance -.

This will protect him if the employee turns out to be dishonest. Once the agreement is signed, it is necessary to issue an employment order.

Before taking up his duties, the individual entrepreneur must conduct a briefing, familiarize him with the procedures and safety precautions.

Data that must be specified in the contract between the entrepreneur and the seller:

• employer and employee passport details;
• IP identification code;
• date of conclusion of the contract;
• position and responsibilities;
• Beginning of work;
• work schedule and rest;
• payment for work activities.

With a truck driver

The employment relationship with the driver must also be formalized by an agreement. In addition to the standard package, when applying for this position, you must also provide a certificate confirming your driver's category.

The contract specifies standard information - personal data, position, salary, etc. You can conclude an agreement with him either for a long time or for a certain period.

The employee is also required to provide that he has no contraindications to work. In most cases, this position requires a probationary period.

The working mode must take into account irregular schedules, overtime, etc. A detailed description of the driver's responsibilities is not required.

Thus, an individual entrepreneur, when hiring employees, is obliged to enter into an employment agreement with them.

The procedure for concluding it is no different from a standard employment contract. It should contain basic information regarding the employee's activities.

Download the 2016 employment contract form. Download the form of an employment contract between an individual entrepreneur and an employee for 2016. Download the employment contract form with a probationary period of 2016. View a sample of filling out employment contracts.

An employment contract is a legal agreement between an employer and an employee. The only document on the basis of which labor law comes into force is its basic norms.

Types of employment contracts

Employment contracts can be concluded:

• for a certain period (no more than five years) or to perform a specific job (urgent)
• for an indefinite period (indefinite - the same as being hired for a permanent job)

As a general rule, an employment contract must be concluded for an indefinite period. The following agreement is considered to be the same:

1. if it does not indicate the period of its validity
2. if at the end of the term of the fixed-term contract it was not terminated and the employee continues to work
3. if a fixed-term contract is concluded without sufficient grounds.

A fixed-term employment contract is concluded when the assigned work activity is short-term (seasonal, for example), or such a contract cannot be concluded for an indefinite period. Such cases are stipulated by law.

A fixed-term employment contract can be drawn up:

• when someone is hired instead of a temporarily absent employee, for whom the position is reserved
• for seasonal work
• when work is expected in areas of the Far North and equivalent areas, if this involves relocation
• to prevent or eliminate the consequences of disasters, epidemics and the like; if the employee gets a job in a small business organization (up to 40 people), retail trade, personal services (up to 25 people) or an individual
• to work abroad; to carry out temporary work unusual for this enterprise (commissioning, installation of equipment, expansion of production, etc.)
• with pensioners, as well as people whose health status requires temporary work
• with a referral for temporary work (including public work) from the employment service
• some other cases

What documents should a new employee present when applying for a job?

When applying for a job, a person must present certain documents to the HR employee. Here is their list:

• passport or another identification document. For example, a birth certificate for persons under 14 years of age, a foreign passport for Russian citizens permanently residing outside its territory
• work book (except for part-time workers and those entering work for the first time)
• insurance certificate of state pension insurance (except for those entering work for the first time)
• military registration documents. For those liable for military service in the reserve - a military ID or a temporary certificate issued in place of a military ID, and for conscripts - a certificate of a citizen subject to conscription for military service (clause 18 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719)
• document on education, qualifications or special knowledge (if the job requires special knowledge or special training)
• certificate of presence (absence) of a criminal record or criminal prosecution (if the work is related to activities to which persons who have or have had a criminal record are not allowed, for example, teaching activities) (Article 331 of the Labor Code of the Russian Federation)

This is stated in Article 65 of the Labor Code of the Russian Federation.

Documents that are not on this list can be requested only in cases provided for by law. For example, if a company hires an employee with harmful or dangerous working conditions, he must submit an appropriate conclusion based on the results of a preliminary medical examination, signed by a doctor and certified by the seal of a medical institution (Article 213 of the Labor Code of the Russian Federation).

In practice, the question often arises: is it possible to hire a Russian citizen who does not have registration at the place of residence and a certificate of assignment of a TIN? Yes, it is possible. Lack of residence registration is not is an obstacle to hiring an employee. Moreover, it is prohibited to refuse an applicant on this basis (Part 2 of Article 64 of the Labor Code of the Russian Federation). This point of view is confirmed in paragraph 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

The certificate of assignment of an individual tax number (TIN) is not mentioned in Article 65 of the Labor Code of the Russian Federation as a document required when hiring. Therefore, as a general rule, there is no need to demand it from the employee. However, in some cases, the presentation of the TIN by an employee is a mandatory condition for his employment. For example, such a requirement applies to concluding a service contract with a civil servant (Article 28 of the Labor Code of the Russian Federation, clause 6, part 2, article 26 of the law of July 27, 2004 No. 79-FZ).

Another important question: is it possible to refuse to hire a citizen who does not have a pension insurance certificate?

No you can not. When applying for a job, a citizen must present a pension insurance certificate (paragraph 4, part 1, article 65 of the Labor Code of the Russian Federation). However, there may not be a certificate if a citizen goes to work for the first time or if he has lost this document.

In the first case, the company is obliged to independently issue a pension insurance certificate for a new employee.

In the second case, the citizen had to independently apply for the restoration of the certificate due to its loss to the branch of the Pension Fund of the Russian Federation at the place of residence. Within a month from the date of filing such an application, he must receive a duplicate of the insurance certificate of the insured person. This procedure for restoring the insurance pension certificate is specified in paragraphs 5, 6 of Article 7 of Law No. 27-FZ dated April 1, 1996 and paragraph 22 of the Instruction approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p.

If a citizen has not applied to the Pension Fund office with the specified application, the organization can hire him and independently issue him a duplicate of the lost certificate (Clause 5, Article 7 of Law No. 27-FZ of April 1, 1996).

Documents submitted by a newly hired person must be copied and stored, for example, in the employee’s personal file. There may also be a work book, an employment contract, an order for employment and all subsequent orders relating to the employee.

What documents should the HR department prepare for a new employee?

When hiring:

• the employee usually writes a statement
• the employee and the company administration enter into an employment contract
• the head of the company issues a hiring order

In addition, before concluding an employment contract, the employee must be familiarized (with signature) with the Labor Regulations (how to draw up this document, see page 106) and other internal documents regulating labor activities. In particular, these are:

• job description
• safety instructions

To familiarize the employee with these documents, fill out a sheet of familiarization with local acts.

In addition, a personal card is issued for the newly hired employee in form No. T-2.

If an employee gets a job for the first time, the company must issue him a work book and issue an insurance pension certificate (Part 4 of Article 65 of the Labor Code of the Russian Federation).

Employment contract with employees for 2016

An employment contract is the main document that confirms the existence of an employment relationship between an employee and a company. In case of disputes, each party has the right to refer to the conditions that the parties agreed upon in the employment contract.

When hiring a new employee for a permanent job, indicate in his employment contract a specific salary amount (tariff rate) in rubles. It is inappropriate to write down the phrase “the employee’s salary is set according to the staffing table” in the employment contract.

The fact is that if you make such a reference to the staffing table in the employment contract, it will become an integral part of this employment contract. In such a situation, each time you will have to familiarize the employee, against signature, with the staffing table and all changes in it.

In addition, difficulties may arise with issuing an order to hire an employee, since the lines of form No. T-1 “with the tariff rate (salary)”, “allowance” are designed specifically for recording in numbers. The same applies to filling out form No. T-1a.

An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.

Document form

Concluding an employment contract in writing is mandatory (Part 1, Article 67 of the Labor Code of the Russian Federation). The agreement must be drawn up in two copies. After signing, one copy of the employment contract is given to the employee, the other remains with the employer.

Contents of the employment contract, conditions of imprisonment

They can be divided into essential and optional.

1. Essential - mandatory conditions, in the absence of which the employment contract will not be considered concluded and labor relations will not arise
2. Optional – additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions are included in the employment contract if necessary, desired and agreed upon by the parties

A sample of a standard employment contract must contain:

• Place of future work (name of organization; if the employee is accepted into a structural unit, then its name and address)
• Start date of work (usually this is the date specified in the contract; if the employee began his duties at the request of the employer earlier than the agreed date, the actual date of start of work is stated in the contract)
• Job functions of the employee, according to his specialization, profession in accordance with the staffing table of the enterprise. If there is no such position in the qualification directories, the organization has the right to introduce it and describe it in detail; but here it is necessary to take into account that the benefits or restrictions provided for specialties and professions are associated with the titles of positions that are in the qualification directory of the Russian Federation
• Rights and obligations of the parties. It is more expedient to describe them specifically - regarding the position of the employee and his labor functions in the organization
• Working conditions: this applies to hard, dangerous or harmful work. This paragraph specifies the benefits and compensation provided. Also, for employees of special categories (under 18 years of age, nursing mothers and others) an individual contract is drawn up with a simplified work and rest regime.
• Salary. Here, in addition to the salary, allowances, additional payments, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization
• If an organization insures its employees, the types (medical, pension) and conditions of this insurance related to the employee’s work activity are indicated separately.

In addition to the mandatory ones, you can include additional clauses in the employment contract, for example, on a probationary period, non-disclosure of any information, additional incentives for any labor achievements, etc. The main condition is that these additions do not in any way worsen the employee’s position regarding labor code.

Employment contracts are drawn up in two copies and signed by both parties.

Numbering of employment contracts

In practice, the question often arises: is it necessary to number employment contracts? The legislation does not contain a clear answer to this question.

Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete or coach must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The employment contract number is not required information.

At the same time, some unified forms of documents for recording labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correctly fill out documents, it is advisable to assign numbers (numeration) to employment contracts.

The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such clarifications are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.

Sample employment contract for employment in 2016

Sample employment contract between individual entrepreneur and employee

Sample employment contract with probationary period

Form of employment contract for employment in 2016

Form of employment contract between individual entrepreneur and employee

Form of employment contract with probationary period