The concept, types and content of the employment contract

Each person who wants to officially find a job in a company must formally formulate an agreement with the employer. He must be well versed in the form and content of the employment contract. It is this contract that governs the conditions and rules for the implementation of the activities of each specialist in the company. Therefore, before signing it is required to carefully study its points. The content is regulated by official documents, so if there are violations, you can invalidate the documentation.

Concept of contract

Every specialist who prefers to work officially is regularly faced with the need to study and sign this document. The concept and content of an employment contract are enshrined in the main provisions of the Labor Code. The main features of this document include the following:

• it is represented by a formal agreement drawn up between the employer and the hired specialist;
• on the basis of this contract, the employer provides work taking into account the existing qualifications of a specialist;
• the head of the company provides optimal working conditions regulated by the Labor Code, as well as local and internal acts of the enterprise itself;
• the employer undertakes to pay salaries in the prescribed amount and at the right time;
• the employee guarantees the fulfillment of all the labor functions and duties prescribed in the document with the mandatory observance of the internal regulations.

The parties to such an agreement are the management of a particular company and an individual who has the necessary skills to perform labor functions in the enterprise. An employer can be represented not only by a legal entity, but also by an individual entrepreneur. The concept and content of the employment contract take into account that only a citizen, whose age is not less than 16 years, can act as an employee. For easy work, 14-year-olds may be involved, but they must cope with their duties in their free time from school, and they must also have parental consent.

Content of the agreement

Each person planning to formally find a job in the company must require the signing of such a contract. He must check whether this document is drawn up correctly.

The content of the employment contract must comply with the requirements of the Labor Code. Therefore, it should include numerous points and conditions.

Employee Information

In Art. 57 of the Labor Code, it is indicated that the document must contain information about the citizen himself, who wishes to get a job in a company for a certain position. Therefore, the contents of the employment contract include information:

• FULL NAME;
• information on a citizen identification document;
• TIN;
• information about available education, qualifications and work experience.

All the above information should be entered solely on the basis of official documents prepared by a future employee of the company.

Employer Information

Additionally, it is required to include in the document information about the employer himself, which may be a legal entity or an individual entrepreneur. According to Art. 57 of the Labor Code of the Russian Federation, the content of the employment contract includes data on the employer:

• F. I. O. entrepreneur or company name;
• data from the passport of the head of the company;
• Company TIN;
• information about the representative of the company if the contract is signed not by the direct general director, but by another official who has the necessary authority to carry out this process.

Thus, without fail, the agreement must have personal information about the two parties between whom the employment relationship occurs. The content and form of the employment contract are standard, therefore it is not allowed for employers to modify these requirements. But at the same time, they have the opportunity to make some adjustments, for which they can focus on their internal regulatory documents.

What conditions are required?

It is possible to highlight some conditions that are certainly introduced into this document. The concept of the parties and the content of the employment contract are enshrined in Art. 57 TC, therefore, it should be guided specifically by the legislation in the process of forming the contract. Mandatory conditions include:

When forming the document, the employer can focus not only on the provisions of the Labor Code, but also on the internal documentation of the enterprise, but it should not contradict the code. If the above conditions for some reason were not included in the contract, then this is the basis for invalidating it. This will lead to the need to supplement it with the necessary information. Therefore, each employee must verify the correctness of this document.

What additional conditions may be included?

The inclusion of additional conditions is allowed if they do not worsen the working conditions of a person. Most often, according to Article 57 Labor Code of the Russian Federation the content of the employment contract includes data:

• the place of work of the citizen and his workplace are being specified;
• data on the need to pass the trial period are entered;
• items may be included on the basis of which the employee is required to maintain official, commercial or any other secret;
• it is allowed to have information that a citizen after completing the training must work in the company for a specific amount of time if the training was carried out at the expense of the head of the enterprise;
• there may be conditions for additional specialist insurance;
• often the management of large factories and enterprises includes clauses on the possibility of an employee to use the help of the company to improve the living conditions of his family;
• information on non-state security is entered.

All the above points should be included in the contract only if there is an agreement and agreement between the parties. If these conditions are not included in the content of the employment contract, according to the Labor Code of the Russian Federation, this cannot be the basis for invalidating such a document.

The main types of agreement

Every person who wants to officially get a job should have a good understanding of how to form an agreement drawn up with the employer. Especially significant is the content of the employment contract. Types of employment contracts differ in different parameters. These include:

• perpetual contract that does not have any restrictions on the validity period;
• an urgent agreement, which can be drawn up for a maximum of 5 years, but the minimum period is not provided for by law.

The most common is considered a standard perpetual contract. An urgent agreement may be concluded with employees only if there are good reasons prescribed in the Labor Code. Based on Art. 59 TC, the preparation of a fixed-term contract is allowed only under conditions when it is impractical to use a fixed-term contract. For example, for temporary or seasonal work.

If the agreement does not contain any information about the validity period, then such an agreement is unlimited. It is allowed to transfer a fixed-term contract to unlimited. For example, if the parties three days before the expiration of the contract did not submit a notice of the need to terminate it, then it is considered that it was renewed automatically, therefore it becomes an agreement concluded for an indefinite period.

The content of the employment contract depends on the type of contract. Types of employment contracts by the nature of the relationship arising between the two parties may be:

• at the principal place of employment of the specialist;
• part-time, for which the provisions of Sec. 44 shopping malls;
• on temporary employment under ch. 45 TK;
• seasonal work - 46 shopping malls;
• on employment with an individual - ch. 48 shopping mall;
• about work at home - ch. 49 shopping mall;
• under a contract on the basis of which a citizen is employed in municipal or public service.

There are certain citizens whose employment does not cover the basic requirements of the Labor Code. These include:

• military personnel;
• members of the board of directors of companies, but the exception will be specialists who have concluded an employment contract with the company;
• Persons working with the preparation of the GPC contract;
• other employees referred to in Art. 11 shopping mall.

Due to the presence of different types of contracts, each potential employee should have a good understanding of all the varieties and features of such agreements. Every specialist and employer should know the basic requirements of the TC. An employment contract, concept, content, types and features of drafting - all these factors are contained in the Labor Code, so it’s enough to study well all the provisions of this document.

The nuances of concluding an agreement

Admission of any person to work should be carried out on the basis of the requirements of the law, so certain conditions must be met. Based on Art. 64 of the Labor Code, the employer does not have the right, without good reason, to refuse the applicant to draw up an employment agreement. If there are serious reasons, they must be stated in writing. It is allowed with the help of the court to challenge such a refusal.

The conclusion and content of the employment contract should be based on the requirements of the Labor Code. Therefore, the nuances are taken into account:

• the contract comes into force from the day when it is signed by both parties;
• an agreement may also come into force from the day when the employee is actually allowed to perform his duties, but this should happen with the knowledge and permission of the employer or his representative;
• work begins on the day specified by the labor agreement, and if there is no such information in the contract, then the first business day is the day after signing the document.

If, within a week, the employee does not take up his duties without good reason, this shall be considered grounds for canceling the labor agreement.

Each employee should know what an employment contract is: the concept, content, types and nuances of drafting in order to independently ensure that employers do not violate the main provisions of the Labor Code.

What documents are required from the employee?

To conclude an employment contract, it is required to prepare certain documents for the applicant. It refers to:

• passport;
• a work book, but this document is not necessary if a citizen draws up a labor agreement for the first time;
• documents confirming the availability of education and the necessary qualifications, and they are presented not only with a certificate and diploma, but also with various certificates and other papers indicating the passage of different courses;
• SNILS and TIN;
• in addition, the employer may request other documentation, for example, a medical certificate, labor recommendation or other papers.

It is forbidden to demand any documentation that is not provided for in the law. Based on the documents received from the applicant, an agreement is formed and the labor duties of the new employee are established. The concept, content and conclusion of an employment contract are the nuances prescribed in the Labor Code, so all employees must study them well to be able to protect their rights if necessary.

Can I change the terms of the agreement?

Under the law, the employer can make certain adjustments to the agreement, but it is not allowed that these new conditions worsen the position of the new employee in comparison with the terms of the collective contract.

Most often, the need to change the clauses of the agreement arise in situations:

• the transfer of the employee to another job, and he may be permanent or temporary;
• changing the owner of the company, which decides to make significant changes to the work of employees;
• reorganization of the enterprise.

Special conditions are presented for amendment of the agreement drawn up with the heads of departments, with their deputies or chief accountant.

If the owner of the company changes, then he has three months to terminate the contracts with various employees of the enterprise, who are managers, deputies or chief accountant. If citizens who occupy high positions in the company quit, then compensation is awarded to them on the basis of Art. 75 and Art. 181 TC in the amount of three average monthly salaries.

Amendments to the contract should be carried out only with the full consent of the employee.

Nuances of termination of the contract

Termination of employment should be subject to the numerous requirements of the Labor Code. The process can be carried out for various reasons. The initiator may be:

• Employee. He must notify the head of the company of the decision 14 days before dismissal. Usually, the need to terminate the contract arises because the owner of the company is changing or the specialist finds a more suitable place to work. Significant changes to the contract may be made, which is not considered acceptable for the employee. Also, often leaving work is associated with a lack of desire to transfer to a new job.
• Employer. For dismissal of the employee there must be good reason. They can be connected with various reasons: employee’s non-fulfillment of his duties, absenteeism, drunk work, disclosure of confidential information, violation of labor protection requirements, theft of money or material assets, immoral acts, unreasonable decisions, transfer of fake documents during employment or other gross violations. Often, employers provide an opportunity for employees to quit of their own free will, so as not to indicate dismissal under the article in the work book.
• There are circumstances that are not affected by the employee or employer. Usually this is due to a change of ownership or the need to reorganize the company, which leads to the fact that a particular employee does not have the necessary skills and qualifications to cope with new responsibilities.
• Third parties. An employee may be called up for military or alternative service. He may be reinstated in his previous job or not be elected to his post. Also, the reason may be the need to serve a sentence in prison.

Therefore, there are a lot of reasons for ending a relationship.

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