The legislation currently does not have a mandatory form of an employment contract. But the Labor Code of the Russian Federation quite clearly defines what should be written in it, how it should be concluded, terminated or changed. Firstly, a written form of an employment contract must be drawn up, moreover, in duplicate, one for the employee, the second for the organization into which he is accepted. On behalf of the company, as a rule, is its head, endowed with this right by its charter. Either it may be another employee of her, to whom the corresponding power of attorney was issued, or it is delegated to him in the constituent documents.
No matter what form of employment contract, the purpose of its conclusion is unchanged. It was determined by law. It is the basis for the beginning of an employment relationship. Although the Labor Code of the Russian Federation determines that there must be a written form of an employment contract, in some situations it can be considered concluded even if it is absent. In particular, if the official of the employer allowed the person to fulfill his duties. In this case, the organization (private entrepreneur) has an obligation to conclude an agreement no later than three days after the above fact.
In order to make it easier for the organization to draw up this document, it is desirable that a standard form of an employment contract for this legal entity be developed. This will also save you from unnecessary errors that may occur in the absence of certain standard forms. The contract should include information about the employee and the employer. For the first, it is necessary to indicate the full name, passport data. For the second, this is the TIN, information about the employer’s official signing the document (including the basis for the right to conclude an agreement).
The document must include several mandatory conditions of employment. Firstly, this is the place of work. There is one peculiarity, if a person is taken to a separate unit, then you need to specify his address. The second is the labor function. By this term is meant a specialty or profession of a certain qualification, a position from the staff list, type of work. The third condition is the start date. If a fixed-term contract, you must indicate when it ends, and the reason why this type of document is selected (the list is determined by law). There must be a description of the conditions of remuneration. They usually include salary (tariff), allowances, surcharges, incentive charges.
Regardless of the form of the employment contract, it should include conditions regarding working hours and rest periods. Most often they write that they are common to a particular unit of the organization. If a person has to work with different working conditions than normal, then they must be indicated in the document, and the types and sizes of compensation for them must be determined. It also prescribes everything regarding compulsory insurance of a person. In addition to the above, other mandatory conditions may be entered into the contract, as well as additional ones specified in the Labor Code of the Russian Federation and other acts in the field of labor law.