Each citizen, taking a job in the organization, must conclude an employment contract with the employer (if the work involves official employment). Art. 67 of the Labor Code of the Russian Federation regulates the basic provisions for the design of this document and its main parties.
Definition
An employment contract is understood as an agreement between the head of the organization and the applicant, where the first party must provide the second job with the indicated responsibilities, provide the necessary working conditions, pay wages in a timely manner, while the second party is obliged to personally fulfill official duties and comply with the company's internal regulations.
Under the terms of Part 1 of Art. 67 of the Labor Code of the Russian Federation, the form of the contract is a written conclusion of the agreement, which contains basic information about its parties, documents, basic conditions and details of the parties to the agreement.
Parties
Since the employment contract is a bilateral agreement, the parties are the employee and the employer, respectively.
An employee is an individual who enters into a working relationship with the head of the organization. According to legislative norms, one can enter into labor relations from the age of 16.
An employer is an individual or legal entity (enterprise) entering into an employment relationship with an employee. Affiliates or representative offices of some large organization cannot act as employers, since they do not have the status of legal entities, but act exclusively on behalf of the organization that created them. Even despite the fact that, according to the established documents, units have the right to hire employees and conclude labor contracts with them, the main organization will be responsible to the employees.
The form
Given Art. 67 of the Labor Code of the Russian Federation, an employment contract must be concluded in writing and in several copies, each of which is signed by the parties. One copy of the agreement remains with the employer, and the second with the employee. At the same time, the employee must put a signature on the organization’s copy indicating that he personally received the copy.
If the contract is not drawn up properly, and the employee has already assumed his duties by order of the head or with his knowledge, then according to part 2 of article 67 of the Labor Code of the Russian Federation, the agreement is considered concluded and must be executed in writing within three days.
If labor contracts are concluded with certain categories of citizens, then, taking into account the norms of the legislation (Article 67 of the Labor Code of the Russian Federation) and normative acts, it should be necessary to coordinate the right to conclude contracts or their provisions with relevant bodies that are not employers under these agreements.
Content
The contents of the contract include all the conditions that are spelled out in it:
- direct (conditions that are specified in the text of the agreement);
- derivatives (conditions stipulated by law or by the agreement itself, applicable to the parties).
The contract must indicate:
- basic information about the parties to this agreement;
- date, place of signing of the document;
- place of work;
- labor duties;
- the period of the beginning of labor activity (reasons that serve to conclude a fixed-term contract);
- salary (salary, possible additional payments, bonuses, allowances);
- working mode and rest time, nature of work;
- warranties and compensation;
- social insurance condition;
- other conditions provided by law.
In the case when at the conclusion of the agreement any provisions were not included in it, this is not a reason to consider it invalid and even more so to terminate the employment relationship. In this case, the missing information can be entered directly into the text of the document, and additional information should be determined by an additional agreement or an annex to the main document. The supplementary agreement should contain those conditions that do not make the employee’s situation worse. These include:
- probationary term;
- non-disclosure of trade secrets and liability;
- the obligation of the employee after training to work in a specific organization for a specified period of time;
- additional types of employee insurance;
- the opportunity to improve the living and material conditions of the employee’s family members;
- clarification of the rights and obligations of the employee and employer.
According to the law, it is forbidden to require the employee to perform those duties that are not prescribed by the labor contract.
Any changes made to the document must be agreed between the parties. Those conditions that may worsen the position of an employee are invalid.
Conclusion
The reason for the emergence of an employment relationship is a signed employment contract. If the document is not executed, and the employee took up the duties with the permission of the head or authorized person, then this is not considered a violation of Art. 67 of the Labor Code of the Russian Federation, simply a working relationship arises from the moment the employee’s activities begin, and the document itself must be executed within three days.
In the case when the employee is allowed to work by a person not authorized to take these actions, and the employer refuses to conclude an agreement, the time actually worked by the employee must be paid. At the same time, the person who allowed the citizen to work should be punished, including financially.
In case of refusal to hire a manager, a written notice should be given with the specific reasons for the refusal. All legislative norms on the conclusion of the contract apply only to those who concluded the contract, and not the labor agreement.
Kinds
The agreement may be concluded:
- for a specific period (urgent);
- For undefined period.
It is forbidden by law to enter into an urgent labor relationship in order to evade the stipulated guarantees and compensations to employees.
Comments
Art. 67 of the Labor Code of the Russian Federation with comments fixes the "framework" restrictions that relate to compliance with the form of the contract. These restrictions must be observed by both the employer and the employee.
Basic requirements to be observed:
- The conclusion of the contract only in writing and no less than in duplicate (part 1 of article 67 of the Labor Code of the Russian Federation).
- Copies must be signed by both parties.
- Preliminary approval of the terms of the contract with persons or bodies that are not the employers of the company (part 3 of article 67 of the Labor Code of the Russian Federation).
- When an employee is admitted to basic duties by an authorized person without signing an agreement, labor activity is recognized as started, and the document itself must be executed within three days.
When concluding a contract, many enterprises use their standard form, which includes the main provisions provided for by legislative acts.