Model employment contract for micro-enterprises. Employment Contract: Completed Model Micro-Enterprise Model Employment Contract
Since 2017, micro-enterprises can use the Model Employment Contract to formalize relations with their employees. In this article, we will consider what personnel documents can be omitted when using such an agreement, who is obliged to use it, who is not.
Legislative regulation of the issue
Legislative regulation this issue is carried out by the Federal Law of July 24, 2007 with the number 209-FZ, which regulates many aspects of the work of small and medium-sized businesses in Russia. The very form of a standard employment contract is introduced by the Government Decree of 27.08.2016, No. 858. The Government Decree of April 4, 2016, No. 265, specifies the criteria for classifying as a micro-enterprise by the amount of income.
What is a microenterprise
To classify a business as a micro-enterprise, it must meet several criteria:
- The income limit for the previous year is 120 million. That is, the amount of income per year for a micro-enterprise cannot be more than one hundred and twenty million.
- The number of employees of such a company should not exceed 15 people.
- The share of participation of other organizations in authorized capital should not exceed 49%.
If an economic entity meets these criteria, then it is a micro-enterprise.
Important! For individual entrepreneurs the procedure for recognizing them in the micro category is exactly the same as for organizations. If the individual entrepreneur does not have employees, then the only criterion will be the amount of income. All individual entrepreneurs on the Patent automatically become a micro enterprise.
Register of small and medium businesses
All enterprises are entered by the tax service in a special register - the Register of Small and Medium Business Entities. If you need to find out which category the company belongs to, then on the registry website you need to enter the TIN, PSRN, full name of IP or PSRNIP. From the registry you can find:
- Name of company;
- its location;
- category;
- Codes of activities of the organization.
Model contract - when it can be applied
A model contract can be applied to all business entities - both micro, small, medium, and large. The main feature of the application standard contract is that if the organization belongs to the category of micro, then applying the standard form of the contract, it can refuse to use the main personnel documents (not all). In this way, given form of the employment contract replaces some of the other documents, while significantly simplifying the maintenance personnel records at the enterprise. This is very convenient when the staff is small (and micro enterprises always have a staff of no more than 15 people), you do not need to enter personnel service, because the basic principles of work are described in the employment contract.
Important! If the Standard Form is used by small, medium or large enterprises, then they are obliged to keep personnel records in full and cannot replace contracts with any other personnel documents that should be in the enterprise.
The author's course by Olga Likina (Accountant M.Video Management) is great for organizing personnel records in a company for beginners and accountants ⇓
What documents does the Model Form replace?
When a micro-enterprise uses a standard form, it is possible not to maintain some personnel documents. The head of the enterprise must approve his decision not to use them in his work by his order. A list of documents that can be omitted for a company that, belonging to the micro category, uses a standard form of contracts:
- Regulations on the remuneration of employees;
- Internal labor regulations;
- shift schedule for employees;
- Regulations on bonuses;
- Employee job descriptions.
Thus, the use of a standard form of an employment contract greatly simplifies personnel records.
What documents cannot be excluded
There are some personnel records that should not be excluded even when applying the standard form. The most basic such documents are the staffing table and the vacation schedule of employees. These documents are issued once a year, although they may be changed during the year. They are mandatory even when using the standard form.
How to draw up an employment contract in a standard form
The contract form can be downloaded here:
The form consists of 11 sections. Consider what sections are included in the form of a standard employment contract:
- Basic provisions - here the position, date of commencement of work, place of work, term of the employment contract (if it is urgent), the presence or absence of a test when applying for a job, whether the main job or part-time job is indicated, the mode of working hours and rest is established, how the employee interacts with the employer and some other aspects of work.
- Rights and obligations of the employee - this section describes what the employee is entitled to and what duties he has;
- The rights and obligations of the employer - the section indicates the rights of the employer and his obligations;
- Employee remuneration - this section establishes the level of wages, bonus conditions, the procedure for increasing the salary, dates and place of payment of wages and advance payment;
- Working time and rest time - this describes the duration of the working week, how many hours of work, hours of work start and end, questions regarding vacation;
- Labor protection - here are the working conditions, the availability of protective equipment;
- Social insurance and other guarantees;
- Other conditions of the employment contract - the aspects of termination of the employment contract are indicated;
- Changing the terms of the contract - this describes how to make changes to the TD;
- Responsibility of the parties;
- Final provisions
The simplest employment contract sample 2018 free download form
LABOR CONTRACT
(UNIVERSAL)
____________ "___" _____________
Administration __________________________________________________________, referred to as
(name of organization, enterprise, etc.)
acting on the basis _____________________________________________________,
(charter, regulations, powers of attorney)
on the one hand, and citizen (ka) of Russia _____________________________________________
(last name, first name, patronymic, data
Referred to (may) hereinafter -
passport or equivalent document)
The employee acting in their own interests and on their own behalf, on the other hand, have concluded this employment contract as follows:
1. The Subject of the Agreement
1. The employee is hired as ________________________________ (specify the position and
In accordance with what and based on
place of work - structural unit)
from the terms of this employment contract, the Employee undertakes to perform labor functions (job duties) specified in the relevant job description signed by the administration, and the Employer undertakes to provide him with the necessary conditions for work, pay wages and provide social benefits in accordance with the law and this employment contract.
2. When exercising his rights and performing his duties, the Employee must act in the interests of the Employer. The Employee undertakes to exercise his rights and fulfill his labor duties conscientiously and rationally.
3. This employment contract is concluded for a certain period: the beginning of the contract - "___" ________________ 20__; ending -
"___" ________________ 20__.
Option:
3. This employment contract is concluded for an indefinite period: the beginning of the contract is "___" ________________ 20__.
4. In order to verify the compliance of the Employee's qualifications and his attitude to the work assigned to him, a probationary period of _______________ months is established from the moment the Employee begins to perform his labor duties (from the beginning of this employment contract).
2. Rights and Obligations of the parties
5. The employee has the right:
5.1. To a properly equipped workplace, to provide materials and supplies necessary for the Employee to perform their job duties.
5.2. For timely remuneration in the amounts provided for in this employment contract.
5.3. For annual paid leave in accordance with vacation schedules and weekly rest.
5.4. For social benefits in accordance with the legislation of the Russian Federation, collective agreement and this employment contract.
5.5. _________________________________________________________
(other rights - by agreement of the parties)
6. The employee undertakes:
6.1. Conscientiously perform duties in accordance with the job description attached to this employment contract.
6.2. Obey the rules of the internal labor regulations of the Employer.
6.3. Observe labor discipline.
6.4. When performing work duties, comply with the rules and regulations on labor protection, safety and fire safety.
6.5. Treat the property of the Employer with care.
6.6. Save information that is proprietary and trade secret Employer. The list of information containing the trade secret of the Employer is specified in the appendix to this employment contract.
6.7. _________________________________________________________
(other duties - by agreement of the parties)
_______________________________________________________________.
7. The employer has the right:
7.1. Require from an employee conscientious performance obligations under this contract.
7.2. Provide employee incentives for conscientious and efficient work.
7.3. Bring the Employee to disciplinary responsibility for committing misconduct that deserves punishment in the manner prescribed by the labor legislation of the Russian Federation.
7.4. _________________________________________________________
(at the discretion of the parties - other rights of the Employer,
_______________________________________________________________.
specified by the parties in the employment contract).
8. The employer undertakes:
8.1. Accurately comply with the terms of this employment contract, pay the Employee in a timely manner, resolve issues of the Employee's welfare, etc.
8.2. Provide the Employee with the normal appropriate conditions necessary for the performance of their duties, provide the Employee with the means, materials and equipment that are necessary for the performance of the terms of this employment contract.
8.3. Provide conditions for the safe and efficient work of the Employee, equip his workplace in accordance with the rules of labor protection and safety.
8.4. Indicate to the Employee reliable characteristics of working conditions and ensure that he is provided with compensation and benefits for difficult, harmful or dangerous working conditions.
8.5. Timely pay the wages stipulated by this employment contract and other payments due to the Employee.
8.6. _________________________________________________________
(at the discretion of the parties - other obligations determined
_______________________________________________________________.
parties to an employment contract)
3. Pay.
Social and domestic issues
9. For the fulfillment of the obligations stipulated by the terms of this employment contract, the Employee is paid:
9.1. Salary for the position in the amount of _________________________________
(in numbers and words)
Rub. per month (forms of remuneration can be any - see other forms of employment contracts).
9.2. Personal allowance in the amount of ________________________________
(in numbers and words)
Rub. per month; bonus in the amount of ___________% of the salary for the position based on the results of work for the month (quarter).
9.3. Remuneration based on the results of work for the year in the amount (amount) - as determined by the organization of the Employer.
9.4. Material aid to annual leave in the amount of ___________.
9.5. Other remuneration provided for by the provisions in force in the organization of the Employer.
With an increase in remuneration for the whole organization of the Employer, including changes due to inflation, the remuneration of the Employee changes to overall ratio raises.
10. Annual paid leave for the Employee is set for __________ working days.
11. By the decision of the Employer, the Employee may be paid the costs of treatment and rest during his annual leave(sanatorium, boarding house, etc.) or out of connection with it.
12. In the event of the death of the Employee during the period of validity of this employment contract, his family is paid a one-time allowance in the amount of ___________ official salaries.
13. In case of early termination of this employment contract (termination of the contract) due to objective circumstances executive bodies organization of the Employer (if this is within the competence of the relevant body of the organization of the Employer in accordance with the provisions of the Charter of the latter), the Employee may be paid severance pay.
The terms of payment and the size of the severance pay are determined depending on the duration of the work of the Employee in the organization of the Employer, his labor contribution, the reasons and initiative for the early termination of the employment contract (termination of the contract).
14. Upon termination of work due to the retirement of the Employee, he is paid a lump-sum allowance in the amount of ___________ official salaries, as well as a monthly supplement to the state pension, taking into account the duration of his work in the Employer's organization and labor contribution.
4. Amendment and addition of the terms of the employment contract
15. During the term of this agreement, the parties have the right to make changes and additions to its text in connection with the following circumstances:
15.1. At the reasonable request of one of the parties.
15.2. In the event of a significant change in the production orientation of the organization.
15.3. Changes to the charter of the organization affecting the rights and interests of the Employee.
15.4. changes current legislation that significantly affect the property, labor and moral rights and interests of the parties to the contract.
15.5. In other cases recognized by the parties as necessary to consider the issues of changing and supplementing the terms of this employment contract.
At the same time, these changes and additions will have legal force only in cases of their written execution and signing by the parties as an integral part of this employment contract.
16. At the end of the term of the employment contract (for fixed-term employment contracts), such may be concluded (extended) for a new period determined by the parties. At the same time, the final execution of a new contract (extension of the previous one) must take place no later than 30 days before the expiration of this employment contract.
The terms of a new (extended) employment contract are agreed upon by the parties when discussing the issue of concluding a new (extension of the previous) employment contract.
5. Other terms of the employment contract
17. The worker bears property liability for damage caused by his actions in the presence of guilt in that, as well as on the conditions and in the manner prescribed by the labor legislation of the Russian Federation.
18. Disputes and disagreements that may arise in the performance of the terms of this employment contract, the parties will seek to resolve it in a friendly way by mutual agreement. If a mutually acceptable solution is not reached - in the manner prescribed by the labor legislation of the Russian Federation.
19. Early termination of this agreement (termination of the agreement) may take place:
19.1. In case of violation by the Employer of its obligations under this agreement.
19.2. In the event of circumstances that so significantly affect the rights and interests of the Employee that make it unacceptable to continue to fulfill his official duties(changing the provisions of labor, civil, tax and other legislation; introducing changes and additions to the Charter of the Employer's organization that infringe on the rights and interests of the Employee).
19.3. Upon the occurrence of circumstances that actually impede the physical fulfillment by the Employee of obligations under the contract (prolonged severe illness, disability, etc.).
19.4. In the event of a gross violation by the Employee of his official duties, which entailed serious consequences for the Employer, significant violations of the legally protected property and moral rights and interests of the Employer.
19.5. In the event that the Employee discloses information constituting a trade secret of the Employer, if this circumstance entailed certain negative consequences, especially if this took place knowingly against the interests of the Employer.
19.6. On the grounds provided for by the labor legislation of the Russian Federation.
19.7. On other grounds determined by the parties to the agreement as valid and not inconsistent with the provisions of the labor legislation of the Russian Federation.
20. For all issues that have not found their solution in the terms (provisions) of this employment contract, but directly or indirectly arising from the relationship of the Employer and the Employee on it from the point of view of the need to protect their property and moral rights and interests protected by law, the parties to this labor contracts will be guided by the provisions of the Labor Code of the Russian Federation and other relevant mandatory regulatory acts of the Russian Federation.
21. Data of the parties to the contract:
Employer Employee
(full name)
______________________________
Postal address (with zip code) Last name _______________________
Name ___________________________
Telegraph address Patronymic _______________________
Date of Birth __________________
Fax _________________________ Address (with zip code) _____________
Telephone ______________________ ________________________________
TIN __________________________ Passport series __________________
Settlement account No. _____________ No. ______________________________
at the bank ______________________ Issued by (by) _____________________
in the mountains _______________________ (when)_________________________
correspondent account No. __________________ TIN ____________________________
BIC __________________________
This employment contract was signed in the mountains. __________________________________
20__ in two copies: one for each of the parties, and both copies have equal legal force.
Signatures of the parties to the employment contract:
_________________ (Last name, full name)_______________ (Last name, full name)
EmployerEmployee
We talked about what a micro-enterprise is and how it differs from a small one in ours.
Ch. 48.1 of the Labor Code of the Russian Federation. About what these features are, we will tell in our material.
Labor relations in microenterprises
If the employer is classified as a micro-enterprise, he may fully or partially refuse to adopt local regulations containing norms labor law. This means that at a micro-enterprise it is possible not to approve, say, the internal labor regulations, the regulation on remuneration, the regulation on bonuses, the shift schedule, the regulation on business trips, and others.
However, the refusal to adopt local regulations does not mean that the issues usually resolved by such acts will remain unresolved. The gaps that arise are filled by the fact that conditions not disclosed in local regulations are included in labor contracts with employees. Such employment contracts with employees of micro-enterprises are concluded on the basis of a standard form approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social labor relations(Article 309.2 of the Labor Code of the Russian Federation).
Model employment contract for micro-enterprises
The standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises, was approved by Government Decree No. 858 of August 27, 2016.
If, when filling out a new employment contract for micro-enterprises, it is not required to fill in individual clauses (for example, due to the nature of the work), then such clauses can be excluded from the contract (
The basis for the emergence of labor relations is an employment contract.
According to Article 56 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work on a conditional basis. labor function ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally fulfill the labor function in the interests, under the management and control of the employer, the internal labor regulations that apply to this employer. The basis for the emergence of labor relations is an employment contract.
Form of employment contract
The law does not provide for a unified form for such documents, so the employer can draw them up in any form.
Labor contract issued in writing and is drawn up in duplicate, each of which is signed by the parties.
One copy of the termless (or temporary) employment contract is transferred to the employee, the other is kept by the employer. An agreement that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. The employer is obliged to draw up a standard contract with him in writing no later than three working days from the date of the actual admission of the employee to work.
The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.
The form of an employment contract can be drawn up not only on hard copy but in electronic form. The exchange of documents in electronic form between employers and employees is carried out using public information and telecommunication networks, including the Internet.
An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, the non-inclusion of any mandatory conditions in the employment contract is not a basis for recognizing it as not concluded or for terminating it. In this case, the contract must be supplemented by the missing conditions by drawing up an addendum. employment contract agreements.
The subject of both an open-ended and a temporary employment contract is the personal performance of a certain kind of work, i.e. individual labor process, its organization and conditions (in contrast to civil law contracts, the subject of which is the result of labor).
The form of the employment contract must indicate that the employee must perform work related to his function (work in a certain specialty, qualification or position), while adhering to the rules internal regulations operating in this organization. At the same time, the employer undertakes to provide certain working conditions provided for by law and the agreement.
The parties to the employment contract are: as an employer - an enterprise of any form of ownership, an institution, an organization, individual citizens; as an employee - citizens who have reached the age of 16 (in exceptional cases, 15 years); students who have reached the age of 14 - in the cases and in the manner prescribed by law.
As employers, they have the right to conclude and sign completed forms of temporary and indefinite employment contracts individuals persons who have reached the age of 18, provided that they have full civil capacity, as well as persons who have not reached the specified age - from the day they acquire civil capacity in full (Article 20 of the Labor Code of the Russian Federation).
The essential conditions that are mandatory for inclusion in the form of an employment contract are (Article 57 of the Labor Code of the Russian Federation):
— Place of work- the name and location of the organization where the employee is accepted. If the structural divisions of the organization are located in different localities and administrative regions, then the place of work when concluding an employment contract is specified in relation to these structural divisions. Since the place of work is a necessary contractual condition, its change is possible only by mutual agreement of the parties.
— Labor function- the type of work in accordance with the qualifications for a particular profession (position) that the employee must perform. The type of work remains unchanged for the duration of the temporary employment contract. The employer does not have the right to require the employee to perform work not stipulated by the contract.
— Start date(and the date of its end, if a fixed-term (temporary) employment contract is concluded). Start time is necessary condition and is of significant importance, since from that moment on the employee is covered by the legislation on remuneration. Usually, the start of work follows immediately after the conclusion of the contract. However, the parties may agree on some delay in this moment. If the term is not specified, then such an agreement is considered an open-ended employment contract.
—Terms of payment(including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments). The wage condition must also be considered as essential, and it must be indicated in the form of the employment contract, otherwise such a document cannot be considered concluded. In accordance with Article 129 of the Labor Code of the Russian Federation, when remunerating workers, tariff rates, salaries, as well as a tariff-free system, if the organization considers such a system the most appropriate, can be applied.
— Other conditions provided for by Article 57 of the Labor Code of the Russian Federation.
In addition, the document must be noted if it is concluded for the period of seasonal work, if it is urgent (temporary) or part-time.
The form of an indefinite employment contract may contain and additional terms, for example (Article 57 of the Labor Code of the Russian Federation):
- on the establishment probationary period,
- about non-disclosure of secrets protected by law,
- about combining professions (positions),
— on the types and conditions of additional employee insurance,
- on improving the social and living conditions of the employee and his family members,
- on the obligation of the employee to work after training for at least the period established by the employment contract, if the training was carried out at the expense of the employer,
- about the duration additional leave, as well as other conditions that do not worsen the position of the employee in comparison with the Labor Code of the Russian Federation, laws and other regulatory legal acts (Article 57 of the Labor Code of the Russian Federation).
The standard form of an employment contract with an employee contains the following appendices:
- Job description;
- Schedule;
— Agreement on non-disclosure of confidential information.
The form of the employment contract contains the following related documents:
- Supplementary agreement.
Features worth paying attention to
When hiring a new employee permanent job in his employment contract, indicate the specific amount of salary (tariff rate) in rubles. It is not advisable to write down the phrase “the employee’s salary is set according to the staff list” in the employment contract.
The fact is that if you make such a reference in the employment contract to the staffing table, it will become an integral part of this employment contract. In such a situation, each time you have to acquaint the employee under signature with staffing and with all the changes in it.
In addition, difficulties may arise with the execution of an order for hiring an employee, since the lines of form No. T-1 "s tariff rate(salary)”, “surcharge” are designed specifically for writing 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.
Numbering of employment contracts
In practice, the question often arises: is it necessary to number employment contracts? The legislation does not provide 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, coach, must additionally contain mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The number of the employment contract is not among the mandatory information.
At the same time, some unified forms of documents for accounting for labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution No. 1 of the State Statistics Committee of Russia dated January 5, 2004). Therefore, in order to correct filling documents, it is advisable to assign numbers (put down numbering) 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 explanations are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.
EMPLOYMENT CONTRACT No. _____
____________________ "____" ___________ 2018
(place of compilation)
(Name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by (position, full name) acting on the basis of (charter, regulation, power of attorney) on the one hand, and citizen (ka) of Russia (Surname , name, patronymic, data of a passport or a document replacing it) hereinafter referred to as (May) the Employee acting in their own interests and on their own behalf, on the other hand, have concluded this employment contract (hereinafter referred to as the Contract) as follows:
1. GENERAL PROVISIONS
1.1. An employee is hired
— to the enterprise as (profession, qualification);
-for the position
to perform the following job duties (brief description).
1.2. Place of work of the Employee - ____________ (address of the organization).
1.3. The employee is hired in (department, subdivision) of the organization of the Employer.
1.4 The employee reports directly to the manager ___________________________.
1.5. Work under this employment contract is for the Employee ________ (main, external (internal) part-time job)).
1.6. The employment contract is concluded between the Employer and the Employee for a period of time (delete the unnecessary)
- for ______ year (month) and is valid from "__" _________ 2018 to "__" ___________2018;
- For undefined period;
- for the duration of the work stipulated by this Agreement.
1.7. This employment contract comes into force from the day the Employee is admitted to work, as determined by clause 1.7 of the contract.
1.8. The start date of work is from "__" _________ 2018.
1.9. The Employee is set a trial period of _____ months in order to verify the compliance of the Employee with the assigned work.
1.10. Performing his immediate labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise, the internal labor regulations in the organization.
2. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
2.1. The employee has the right to:
2.1.1. Providing him with work stipulated by this employment contract.
2.1.2. Ensuring safety and working conditions that meet the regulatory requirements of labor protection.
2.1.3. Timely and in full payment of wages in accordance with the qualifications, complexity, quantity and quality of work performed.
2.1.4. Complete and reliable information about working conditions and labor protection requirements at the workplace. The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
2.2. The employee is obliged:
2.2.1. Conscientiously fulfill their labor duties assigned to him by this employment contract and job description.
2.2.2. Comply with the labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer directly related to labor activity the Employee, with which the Employee was familiarized under the signature before signing this employment contract.
2.2.3. Observe labor discipline.
2.2.4. Take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees.
2.2.5. Immediately notify 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 (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property), the property of other employees. The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract and job description.
2.2.6. Do not disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work.
3. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
3.1. The employer has the right:
3.1.1. Require the Employee to conscientiously fulfill the obligations under this employment contract.
3.1.2. Adopt local acts directly related to the work activity of the Employee, including labor regulations, labor protection and labor safety requirements.
3.1.3. Bring the Employee to disciplinary and financial liability in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws.
3.1.4. Encourage the Employee for conscientious efficient work. The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
3.2. The employer is obliged:
3.2.1. Provide the Employee with work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee in accordance with the regulatory requirements of labor protection.
3.2.3. Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties.
3.2.4. Pay in full the wages due to the employee on time.
3.2.5. To process and ensure the protection of the Employee's personal data in accordance with the legislation of the Russian Federation.
3.2.6. To acquaint the Employee against the signature with the adopted local regulations directly related to his work activity.
3.2.7. Provide for the daily needs of the Employee related to the performance of their labor duties.
3.2.8. Pay for the training of the Employee in case of production necessity in order to improve his qualifications. The employer performs other duties stipulated by the labor
legislation and other regulatory legal acts containing the norms
labor law, collective agreement, agreements, local regulatory
acts and this employment contract.
4. PAYMENT AND SOCIAL GUARANTEES
4.1. For the performance of labor duties stipulated by this employment contract, the Employee is established:
— official salary in the amount of ________ rub. per month.
- percentage of sales ____;
- (Further).
4.2. The payment of bonuses and remuneration to the Employee is carried out in the manner established in the Regulations on remuneration, with which the Employee is familiarized when signing this employment contract.
4.3. Payments of wages to the Employee are made at least every half a month on time and in the manner established by the Regulations on wages and other local regulations of the Employer.
4.4. Salary to the Employee is paid by:
- issuance of cash from the cash desk;
- by transfer to the current account in the bank _____________.
- (Further).
4.5. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4.6. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.
5. WORKING AND REST TIME
5.1. The employee is set a (normalized, non-standardized) working day.
- normalized.
The employee is given a 5-day work week 8 (eight) hours long. Days off are Saturday and Sunday.
- unregulated.
The monthly (weekly) norm of working time is _______ hours. The normal duration of the working day should not exceed 8 (4) hours per day. Break for rest and meals is not included in the work time. Overtime overtime is paid at the rate of ________ per hour.
5.2. The employee is provided with an annual basic paid leave of _______ calendar days. The right to use leave for the first year of work arises for the Employee after six months of his continuous work from this Employer. By agreement of the Parties and in accordance with the labor legislation of the Russian Federation, paid leave may be granted to the Employee before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.
5.3. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay. The duration of the specified leave is determined by agreement of the Parties and in accordance with the labor legislation of the Russian Federation.
6. SOCIAL INSURANCE
6.1. The employee is subject to mandatory social insurance(pension, medical, industrial accidents and occupational diseases) in accordance with the Labor Code of the Russian Federation and other federal laws.
7. OTHER TERMS OF THE EMPLOYMENT CONTRACT
7.1. The Employee undertakes, during the term of this employment contract and after its termination for _______ years, not to disclose a commercial secret protected by law, which became known to the Employee in connection with the performance of his labor duties. The Employee must be familiarized with the list of information constituting a commercial secret protected by law against signature.
7.2. In case of violation of the procedure for using and unlawful disclosure of information specified in clause 7.1 of this agreement, the relevant guilty Party to the agreement is obliged to compensate the other Party for the damage caused.
8. RESPONSIBILITY OF THE PARTIES TO THE EMPLOYMENT CONTRACT
8.1. The Employer and the Employee are responsible for non-performance or improper performance assumed duties and obligations established by this employment contract, local regulations of the Employer, the legislation of the Russian Federation.
8.2. For committing a disciplinary offense, that is, non-performance or improper performance by the Employee through his fault of the labor duties assigned to him, the Employee may be subject to disciplinary sanctions provided for in Article 192 of the Labor Code of the Russian Federation.
8.3. The Employer and the Employee may be brought to material and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.
9. AMENDMENT AND TERMINATION OF AN EMPLOYMENT CONTRACT
9.1. Each of the Parties to this employment contract has the right to raise with the other Party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the Parties, are drawn up additional agreement which is an integral part of the employment contract.
9.2. Amendments and additions may be made to this employment contract by agreement of the Parties also in the following cases:
when changing the legislation of the Russian Federation in the part affecting the rights, obligations and interests of the Parties, as well as when changing the local regulations of the Employer;
in other cases provided for by the Labor Code of the Russian Federation.
9.3. If the Employer changes the terms of this employment contract (with the exception of the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before they are changed (Article 74 of the Labor Code of the Russian Federation) . The Employer is obliged to notify the Employee personally and against signature of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees at least two months before the dismissal.
9.4. This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws. Upon termination of the employment contract, the Employee is provided with guarantees and compensations provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.
10. FINAL PROVISIONS
10.1. Labor disputes and disagreements of the Parties regarding compliance with the terms of this employment contract are resolved by agreement of the Parties, and in case of failure to reach an agreement, they are considered by the commission on labor disputes and (or) the court in order, established by law RF.
10.2. In the part not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
10.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the Employee's personal file, the second one is kept by the Employee.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Employer:
The address:
Tel.:
TIN / KPP
r/s
in the bank
f/s
BIC
OKPO
Worker:
The passport:
Registration address:
TIN:
SNILS:
Signatures of the parties to the employment contract:
Employer Employee
Signature I. O. Surname Signature I. O. Surname
Updated: November 2018
The form of a standard employment contract was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. See "". For what purposes was the form of a standard employment contract approved? Who and in what situations can conclude contracts in a standard form? Is it necessary to use the standard form? When to switch to standard contracts? You will find answers to these and other questions in this article.
Rejection of regulations since 2017
Since 2017, employers (organizations and individual entrepreneurs) belonging to micro-enterprises have the right to completely or partially refuse to adopt local regulations containing labor law norms. Instead, since 2017, working conditions can be negotiated directly in employment contracts concluded with employees on the basis of a standard form. This is provided for by Article 309.2 of the Labor Code of the Russian Federation, which comes into force on January 1, 2017.
Micro-enterprises are organizations or individual entrepreneurs that meet the following criteria:
| Criterion | limit value |
| The average number of employees. | For the previous calendar year average headcount employees of the organization or individual entrepreneur does not exceed 15 people inclusive. |
| Income from the sale of goods (works or services). | Receipts for the last calendar year do not exceed 120 million rubles. The criterion is relevant for organizations and individual entrepreneurs. |
| The composition of the founders (relevant for organizations). | Member share requirements: - total share of regions, municipalities, public, religious organizations, foundations cannot exceed 25%; - the total share of participation of third-party organizations (Russian or foreign) - no more than 49%. |
If you are on the register, then from 2017 you can switch to concluding employment contracts with employees on the basis of a standard form and refuse to adopt local regulations containing labor law norms.
The composition of the standard form of an employment contract
The form of a standard employment contract consists of a preamble (that is, an introductory part) and 11 sections:
| Sections of the employment contract | |
| 1 | General provisions. |
| 2 | The rights and obligations of the employee. |
| 3 | The rights and obligations of the employer. |
| 4 | Employee wages. |
| 5 | Working hours and rest time of the employee. |
| 6 | Occupational Safety and Health. |
| 7 | Social insurance and other guarantees. |
| 8 | Other terms of the employment contract. |
| 9 | Changing the terms of the employment contract. |
| 10 | Responsibility of the parties to the employment contract. |
| 11 | Final provisions. |
but<Положение об оплате труда и премировании>can be completely (or partially) replaced by the wording from section 4 of the standard form "Employee Compensation". So, for example, in employment contracts concluded on the basis of a standard form, you will need to prescribe wages (official salary or piecework rates) and indicate the exact dates of its payment.
Regulations on irregular working hours
This document usually contains a list of workers with irregular working hours, if such a regime is established for them (101 of the Labor Code of the Russian Federation). Like local act from 2017, you can not apply if you include the wording from paragraph 19 of the standard form in the employment contract. 
Rules and instructions for labor protection
These documents are developed and approved in accordance with paragraph 23 of part 2 of article 212 of the Labor Code of the Russian Federation. In the form of a standard employment contract, there is section 6 “Labor protection”. It contains wording, for example, about the class of working conditions at the workplace, primary briefing, and the provision of personal protective equipment. In this part, you can go to a standard contract. 
However, labor protection rules and instructions are usually much more informative. Therefore, it is likely that not all employers will be able to completely abandon them.
Job Descriptions
Duty to draw up job descriptions established only for government agencies (Article 47 federal law dated July 27, 2004 No. 79-FZ). Therefore, it is impossible to fine an ordinary employer for the lack of instructions (Rostrud letter dated 08/09/2007 No. 3042-6-0). However, many employers draw up job descriptions, since their presence allows, for example:
- justify the dismissal of an employee due to inconsistency with the position held;
- evenly distribute responsibilities between similar positions;
- prove in court the legitimacy of the imposition disciplinary action per employee;
- carry out certification of personnel, etc.
It turns out that the form of a standard employment contract allows the employer to decide what is more convenient for him to do. Either continue to approve job descriptions separately or prescribe all the functionality of employees in an employment contract.
shift schedule
Shift schedules are drawn up based on the established norm of working time for the accounting period for a specific category of workers and contain information on the length of working time during the shift, rest breaks between shifts and the order in which they alternate. All this information, in principle, can be reflected in employment contracts. The necessary wording for this is in the standard form: 
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