Terms of the employment contract
An employment contract is an agreement under which the employer is obliged to give the employee work and normal working conditions, to pay for his labor on time and in full, and the employee must perform the labor activity specified in the agreement and comply with the labor regulations. The employment contract is bilateral, executed in writing, signed by the employer and employee. The document must contain the following information:
- name of the employee, name or name of the employer (if he is an individual);
- data of the passport of the employee (or other document proving his identity) and the employer (if he is an individual);
- TIN of the employer (if he is a legal entity);
- information about the representative of the employer who signs the employment contract, and an indication on the basis of which he acts (for example, on the basis of a power of attorney, charter or order);
-date and place of detention.
The essential terms of the contract are those conditions without which the document has no legal force. According to the Civil Code of the Russian Federation,
these conditions include: the subject (object) of the contract, as well as the conditions legally called essential for a particular
type of contract and the conditions by which an agreement must be reached. A document is considered valid only when there is agreement on all material points.
Mandatory conditions of the employment contract:
- labor duties of the employee (a certain type of assigned work by profession, staffing, specialty with qualification clarification);
- place of work; if the employee is accepted into the branch or representative office of the employer, the contract shall indicate the name of the structural unit and its address;
- date of commencement of work;
- if the contract is urgent - the time of its validity is specified;
- payment system (tariff rate, salary, terms of surcharges, allowances, bonuses and bonuses);
- an indication of the intervals of working time and breaks for rest;
- Compensation for hard and unhealthy work;
- other statutory conditions.
If upon signing the document the obligatory terms of the contract or information were not included in it,
an additional agreement to this contract should be drawn up with clarification. In addition, the labor agreement may contain other conditions of the contract that do not worsen the position of the employee and do not contradict the law: on the probationary period, on non-disclosure of commercial, state, official secrets, on additional insurance for the employee, on social and welfare improvements for the employee and his family members , on the rights and obligations of the employee and the employer, based on labor and general legislation.
When is an employer entitled to amend an employment contract?
According to the Labor Code of the Russian Federation, it is possible to change the terms of an employment contract at the proposal of the employer if the organization changes its technological or organizational conditions. At the same time, the employee's labor function is maintained. It must be notified in writing of sixty days of future changes. If the employee does not want to work in the new conditions, the employer must offer other vacant positions or work that a person can perform with his health. The employer is also required to offer all available vacancies suitable for the employee. If there are none or the employee refuses the proposed options, the employment contract is terminated.