Mandatory conditions of the employment contract. Terms of an employment contract (mandatory and optional) 4 mandatory terms of an employment contract

In Russia, legislation strictly regulates the issue of formalizing the relationship between workers and employers, and that is why it provides for the mandatory conditions of the employment contract in 2018, which must be present in the document being concluded, regardless of other circumstances. The absence of one of the conditions obligatory for inclusion in an employment contract may in some cases lead to the recognition of a document as invalid in some of its parts, or to the responsibility of the employer, or other negative consequences. That is why each of the parties to the relationship should be aware of what information should be present in the employment contract and check its availability.

Mandatory conditions of an employment contract under the Labor Code of the Russian Federation - legislative regulation

From the point of view of Russian legislation, the main regulatory document on the basis of which the regulation of most aspects of labor relations is actually carried out is the Labor Code. In particular, the Labor Code of the Russian Federation also describes the mandatory conditions of the employment contract, as well as other standards that must be observed by both the employer and the worker when hiring the latter. The legal regulation of the mandatory conditions of an employment contract is considered primarily by the provisions of the following articles of the Labor Code of the Russian Federation:

  • Article 56. The norms of this article define the very concept of an employment contract, as the main document governing the presence of working relationships.
  • Article 57. The regulation of this article is directly devoted to the mandatory conditions of the employment contract and includes a list of information that must be present in the agreement in any case, as well as data included in the text of the agreement as an option.

These are just the basic regulatory requirements affecting the issues of procedural registration of existing labor relations. In practice, the legal regulation of the mandatory information that must be included in the agreement concluded between the parties can be provided by other regulatory provisions - both directly by individual articles of the Labor Code, and by federal laws, and other documents of the national level.

Article 56 of the Labor Code of the Russian Federation suggests that even the absence of mandatory information in an employment contract may not be a sufficient reason for its termination or invalidation. In the event that any mandatory information was missed during the preparation and signing of the document, the parties have the right to change the provisions of the concluded agreement by means of an agreement, or else - to seek changes in the employment contract in court.

What conditions are mandatory for inclusion in an employment contract

The conditions that are mandatory for inclusion in an employment contract, as mentioned earlier, are considered primarily by the provisions of Article 57 of the Labor Code of the Russian Federation. Since the number of these conditions is quite large and each of them may have its own individual features of legal regulation, they can be divided into key groups, which will subsequently be considered in more detail. So, the types of conditions that are mandatory in an employment contract can be as follows:

  • Installation information. It affects aspects directly related to the subjects of labor relationships - the employer and the applicant, as well as a number of mandatory information about the conclusion of the agreement itself.
  • Place of work. The place in which the employee will work should also be directly specified in the provisions of the contract. At the same time, in this matter, there are many nuances that should be taken into account by the employer.
  • Labor function of the employee. The employment contract must fully describe the main tasks of the employee within the framework of work for the employer, establish his duties and rights. At the same time, it is possible not to list all the necessary requirements in the contract, which should also be taken into account when drawing up the document.
  • The procedure and conditions for remuneration. The system of remuneration established at the enterprise, as well as the direct size of tariff rates, employee salary, bonuses, must be necessarily specified in the agreement being concluded.
  • Working hours and rest. The employer must fix the working hours of the worker, taking into account both the working time and the working week, the procedure for granting vacations and other nuances related to ensuring the employee's right to rest.
  • Working conditions and additional guarantees. If the work will be associated with non-standard working conditions, be harmful or hazardous, this must be reflected in the agreement being concluded, while the employer must also reflect in the contract the guarantees provided in connection with the special working conditions - both provided by the state and optionally established in within the position or enterprise.

In some cases, certain conditions of the contract are not initially binding, but their indication may be considered mandatory if there is a specific legal aspect that the employer or job seeker would like to use. For example, if labor activity involves a probationary period, full financial responsibility of the employee and other nuances of activity, they must necessarily be reflected in the provisions of the document being concluded.

Setting data of the parties to the employment contract as a prerequisite for its conclusion

Under the setting data, the legislation means the indication of basic information about the parties to the employment contract themselves and about the conclusion of the document. So, they include the following data:

  • Full name of the employee.
  • Information about the employee's identity card - including the date of issue and the serial number of the document.
  • Full name of the employer, if he is an individual or the full name of a legal entity.
  • Employer's TIN.
  • Date of conclusion of the contract.
  • Place of the agreement.

It should be noted that the employer must separately indicate in the provisions of the employment contract the place of conclusion of the document, and the place of work of the employee - these are different information that will not necessarily be identical. It is also necessary to remember that the date of the conclusion of the contract and the date of the direct entry of the applicant to work may differ, however, the conclusion of the contract in any case must occur earlier than this date.

If the agreement did not contain these key information that allows one to reliably identify one of the persons who concluded it, or if it is impossible to identify the date of the agreement, and an agreement between the parties has not been reached, the agreement may eventually be declared invalid, but only in court. The indication of false information or false documents when concluding a contract is a sufficient reason for its termination at the initiative of the injured party, but it is she who makes the decision to terminate it.

Mandatory requirements for an employment contract for a place of work

The issue of indicating the actual place of work of an employee is extremely relevant for both employees and employers. At the same time, it should be noted that the legislator does not indicate the need to accurately determine the workplace up to the address and location of the worker, which provides certain opportunities for the employer. Therefore, you should take into account a number of features when specifying a workplace:

If an employee works at home, then his house is indicated as the place of work, the same applies to the obligation to indicate the home-based nature of work. With a distance contract, the place of work can simply indicate the actual location of the employee.

Labor function as a prerequisite for an employment contract

The obligatory conditions of an employment contract include, not least, the work function of an employee. It means the range of the employee's job duties, the nature of his work activity and position - all these data must be present in the text of the employment contract. At the same time, the employer does not need to describe all the wording of the employee's job responsibilities. So, in the text of the agreement, references can be made to the job descriptions and the staffing table that are in force as local regulations of the enterprise.

The position fixed in local regulations and the employment contract must coincide. At the same time, if the position may imply special working conditions that provide additional social guarantees, it must also correspond to a single reference-classifier.

The employer does not have the right to involve an employee in the performance of duties not provided for by his labor function - even within the framework of an order. For such involvement, either the direct and voluntary consent of the employee may be required, or - a change in the labor function in the contract, which also requires the consent of the worker. It is prohibited to bring a worker to disciplinary responsibility for refusing to engage in activities that are not part of the worker's labor function.

If the job function implies work in harmful or dangerous conditions, this nature of work activity should be fully considered by the provisions of the contract.

Pay and work regime as a prerequisite for an employment contract

The working regime in Russian legislation means the establishment of a work schedule - a working week, the length of the working day and the working time itself. At the same time, employee breaks, vacations and the procedure for obtaining them, as well as weekends and holidays are also an integral part of the work schedule. If the work will be carried out at night, this must also be initially provided for in the text of the contract.

The mode of work specified in the contract is the only basis indicating the time an employee leaves for work and leaves it. If necessary, the regime can be changed only by agreement between the employer and the employee - or, with prior notification two months before the change, if it happened due to a change in technical or organizational working conditions. The labor regime has the right to control trade union organizations.

There is no need to clearly indicate the working regime directly in the provisions of the agreement, if it provides for a reference to separate local regulatory documents of the enterprise - to the current staffing table, collective agreement or other duly recorded documents that the employee can familiarize with.

The legislation also gives the employer the right to independently establish a remuneration system in any form that does not contradict the current legislation. This allows the use of effective methods of employee motivation and personnel management and gives the employer the opportunity to improve the activities of the enterprise. At the same time, the employment contract should contain information about both the remuneration system and its individual details that affect the direct size of the employee's salary. In general, for an employment contract, it is sufficient to mention that the remuneration system and the amount of remuneration at the enterprise are established by the current job schedule or pay regulations.

Under no circumstances, if an employee works full-time, he cannot receive a wage lower than the minimum wage. However, it is permissible to set the rate or salary below the minimum wage - there is no violation in these actions, if other components of the salary actually make it higher or equal to this indicator at the time of payment.

Additional conditions in the employment contract, which are optional mandatory

As mentioned earlier, if the labor regime has certain features, their presence must necessarily be indicated in the employment contract, however, they are not mandatory conditions for each document - in the absence of such features, they may simply not be mentioned in the text, and this will not be violation of the law. These conditions that require mandatory mention in the contract include:

  • Terms of the contract. If the contract is urgent and is governed by the provisions of Articles 58 and 59 of the Labor Code of the Russian Federation, then the fact of urgency must necessarily be reflected in the document, as well as the circumstances indicating the end of the employment relationship. At the same time, short-term contracts and seasonal contracts also refer to urgent ones, however, the seasonal nature of the activity should also be reflected in the provisions of the document, if provided. More details about the specifics of the conclusion and legal regulation of fixed-term employment contracts can be found in a separate article.
  • Probationary period. The probationary period under the Labor Code of the Russian Federation is regulated by the provisions of Articles 70 and 71 of the Labor Code of the Russian Federation. If it is provided, then information about the probationary period should also be reflected in the text of the agreement. At the same time, the probationary period affects the possibility of dismissing the employee both due to the failure of the test and at the employee's own request, greatly simplifying the process of terminating the relationship for each of their parties. However, it should be remembered that it is prohibited to establish a probationary period for certain categories of workers.
  • Material liability. If the position provides for full financial responsibility of the employee, these conditions must necessarily be reflected in the employment contract initially. Otherwise, the employer will need to conclude an additional agreement with the employee, from which the latter can refuse.
  • Apprenticeship agreement. If the employer provides employees with training opportunities and bears the associated costs, the current contract may imply the employee's obligation to work for a certain period of time as compensation for the time and funds spent by the employer. And this fact also needs to be fully reflected in the provisions of the concluded agreement.
  • Access to secrets protected by law.If an employee needs to have access to a secret due to his job duties, he must be informed about this and confirm his consent to such access and, accordingly, responsibility for disclosing protected information. As in the case of material liability, this issue can be considered within the framework of an additional agreement, but it would be better if it is mentioned directly in the main document governing the employee's relationship with the employer.

It should also be remembered that there are many other additional conditions that, in certain cases, must be taken into account in the provisions of the agreement. These may include both certain regional requirements put forward by the authorities and the legislation of the constituent entities of the Russian Federation, and individual labor regimes. For example - doing work in the Far North, working with children, shift work and similar specific circumstances.

The obligatory conditions of the employment contract form the content of the employment contract (Article 57 of the Labor Code of the Russian Federation). If all of them are fully reflected in the contract, then the likelihood of disagreements with the employee and claims from labor inspectors is reduced. So the advantages of a properly executed employment contract are obvious.

Mandatory conditions of the employment contract in 2017

At the beginning of the employment contract with the employee, it is indicated (Article 57 of the Labor Code of the Russian Federation):

  • place of conclusion of the contract - the settlement where the contract was signed, and the date of the conclusion of the contract;
  • the name of the employer or the full name of the entrepreneur-employer, as well as the full name of the employee (about the employee's information in the contract - read below);
  • information about the representative of the employer, whose signature will be on the employment contract, as well as the basis of his authority. Traditionally, such a representative of the organization is its head, acting on the basis of the charter.

The conditions that must be included in an employment contract are:

  • place of work, the name of the company is indicated. But if an employee will work in a branch of an organization (division, department, etc.) located in another locality, then he must be indicated as the place of work. For example, LLC Kaleidoscope, an additional office in the city of Istra, Moscow Region;
  • labor function of an employee - position or profession in accordance with the staffing table of the organization. In essence, the labor function should specify the type of work entrusted to the employee. According to the explanations of Rostrud, the acceptance of an employee for a position not included in the staffing table, when checked, may lead to an administrative fine (Article 5.27 of the Administrative Offenses Code of the Russian Federation, Rostrud Letter dated 21.01.2014 N PG / 13229-6-1). And if you hire an employee for a position, work for which involves the provision of compensation or benefits to him, then the name of the position and qualification requirements for it must meet the requirements established by the qualification guide or the provisions of the professional standard (Article 195.3 of the Labor Code of the Russian Federation). Otherwise, you can get a fine (part 4 of article 5.27 of the Administrative Code of the Russian Federation);
  • start date of work. An employee who has entered into an employment contract is obliged to start performing his job duties from that date. If the contract does not indicate the start date of work, then the employee must start work the next day after signing it (Article 61 of the Labor Code of the Russian Federation). A fixed-term employment contract must also indicate the period of its validity and the reason for the urgency. Recall that an employment contract that does not indicate a validity period is considered concluded for an indefinite period, that is, unlimited (Article 58 of the Labor Code of the Russian Federation);
  • terms of remuneration. The contract specifies the size of the tariff rate or salary, and additional payments, allowances, incentive payments can also be prescribed;
  • working conditions at the workplace. Determined by the results of a special assessment and can be optimal, permissible, harmful, dangerous (Letter of Rostrud dated November 20, 2015 N 2628-6-1 (clause 1); part 1 of article 14 of the Law of December 28, 2013 N 426-FZ);
  • a condition on compulsory social insurance of the employee.

Information provided by the employee in the employment contract

To conclude an employment contract, an employee must present only a passport. Since the mandatory conditions of the employment contract include (Article 57 of the Labor Code of the Russian Federation):

  • information about the identity document;
  • surname, name, patronymic of the employee and his passport data.

Usually, the future employee is also asked to provide copies of SNILS and certificates of registration with the tax authorities. But this information is needed for the subsequent interaction of the employer with the IFTS and the PFR branch. And for the purpose of concluding a contract, they are not necessary.

Other mandatory terms of the employment contract

In some cases, the mandatory terms of the employment contract are determined by the nature of the work performed by the employee. For example, the contract must specify the employee's work schedule, if it differs from the main one for the given employer (Article 57 of the Labor Code of the Russian Federation).

Also, a prerequisite for an employment contract is:

  • the condition of part-time employment (Article 282 of the Labor Code of the Russian Federation);
  • conditions that determine the nature of work: traveling, mobile, on the road, etc .;
  • guarantees and compensation for work with harmful and / or hazardous working conditions, if the employee will perform such work (

When formalizing an employment relationship, the content of the contract sometimes seems very simplified, like something set out in a certain text. However, such a prosaic interpretation is unacceptable for a professional assessment of the document.

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From a legal point of view, under the direct content of each specific employment contract, it is understood the conditions regarding which parties to the relationship have reached an agreement, that is, their expressions of will coincided. In accordance with the terms of the contract, the subsequent conduct of the parties is determined.

What it is

It is permissible to designate the term "condition of an employment contract" as the right of one party participating in the relationship, and the obligation of the opposite party, in the process of resolving certain issues of labor law in a contractual manner.

In the theoretical understanding of the labor relationship regarding the mechanisms of their formation, the terms of the contract are traditionally divided into two large categories:

Despite the fact that derivative conditions play an important role in the labor relations of the parties, due to the contractual nature of the relationship, the most important is attached to the direct conditions.

At the same time, immediate conditions are divided into two types:

  • required or required;
  • optional, or additional.

The classification of conditions is established by the TC, but their role is not predetermined by law enough. As a result, some controversial situations may arise.

It is for this reason that the conditions should be formulated as accurately as possible when drawing up an employment contract, avoiding ambiguity and the likelihood of misinterpretation.

Derivative conditions are taken into account, as a rule, when there is a need for special labor regulation in relation to a certain work activity.

At the same time, regardless of the presence or absence of references to derivative terms in the text of the agreement, these will be considered valid.

As for the mandatory conditions, they must undoubtedly be present, but even their absence does not show a compelling reason for recognizing the signed agreement as not concluded or for terminating the accepted agreement ().

The presence of additional conditions entirely depends on the will of the parties. The parties to the contract can independently decide which aspects of work activities need to be regulated by means of conditions.

Mandatory conditions of an employment contract

A detailed listing of the mandatory conditions, which should be present in the employment contract, is spelled out in Article 57 of the Labor Code ().

Although their absence in the document does not contribute to its invalidation, their presence is highly desirable. Binding means the detailed disclosure of the terms in the contract.

If the mandatory conditions are not timely entered into the text of the employment contract, then the parties involved may later disclose them in more detail by accepting an additional agreement.

The following conditions are considered mandatory for introduction into an employment contract:

place of work this concept should not be confused with "workplace". In this case, it means the place where the employee must come to perform his job duties and which is under the control of the employer, directly or indirectly. In practice, a place of work can mean a certain organization, locality, office, etc. Since this term can be interpreted quite broadly, it is desirable to specify it as much as possible. As for the workplace, it can be negotiated separately - in additional conditions
labor function Among all the prerequisites, this is perhaps the most important. Here it is determined in what profession and what kind of work the employee will perform, but it is necessary that the name of the position coincides with the labor function. It is necessary to indicate the job description of the employee in accordance with the staffing table, profession or specialty with the definition of qualifications or category, the specification of the assigned work
start date as stated in Article 61 of the Labor Code (), the employee must start performing his official duties from the day established by the employment contract. If there is no such definition, then work should be started the next day after signing the contract. If the employee does not begin to fulfill his duties within the specified period, the employer may cancel the contract, as a result of which it will be considered not concluded
contract time since the contract can be urgent and concluded for an indefinite period, then when hiring an employee temporarily, the date of expiry of the contract should be determined. It should be borne in mind that a fixed-term contract can only be concluded if there are compelling reasons that need to be indicated in the document, and also that the term of the fixed-term contract cannot exceed five years. If the document does not specify the expiration date of the contract, then it is considered indefinite
labor remuneration any employment contract should indicate the amount of salary or the amount of the employee's wage rate. In addition, this paragraph includes instructions on allowances, premiums, compensation. You can describe in detail additional payments, but in principle, it is not necessary to indicate their amount, it is enough just to list all the due
work and rest regime there may be some discrepancy with this term, since the description of remuneration involves the development of a certain time. However, this clause should reflect the conditions of working hours if they do not coincide with those generally accepted by a particular employer. For example, part-time work, part-time work, irregular working hours, flexible hours. Regarding the rest regime, it can be noted cases when the employee is entitled to additional rest, in addition to the statutory rest.
compensation for working conditions this item is required only if the type of activity involves some danger or work in hazardous work. As compensation, a shorter working day, additional leave, provision of personal protective equipment, therapeutic and prophylactic nutrition and treatment, etc. may be indicated.
nature of work this condition is also not required for all employment contracts. This characteristic is used if it is supposed to work on a traveling nature, on a rotational basis, in the field, that is, without reference to a permanent place of work
compulsory social insurance this condition can be interpreted very broadly and can cover any situations of compulsory insurance of an employee by his direct employer
other mandatory conditions these include the conditions provided by law for certain cases. For example, it can be non-disclosure of state, official or other secrets.

Additional

On the basis of Article 57 of the Labor Code (), in addition to the mandatory conditions, additional conditions may be introduced into the employment relationship agreement, if they do not worsen the employee's position in comparison with the norms determined by legislation.

Additional conditions may include such moments as:

  • clarification of the place of work, that is, you can indicate the location of the unit in which the employee will work, up to the description of a specific workplace;
  • the presence of a probationary period - the employer's right is to determine the probation period for any employee, with the exception of those belonging to certain categories determined by labor legislation. The length of the trial period should be clearly established, taking into account the permitted period;
  • the employee's obligation to work for the specified period after completing the training - if the employer sends the employee for training, advanced training or retraining at his own expense, then as compensation, he may demand that, after completing the training, the employee worked for a specified period without the possibility of dismissal of his own free will.

These are just some additional conditions, in general, the parties have the right to negotiate any points related to labor relations.

If additional conditions nevertheless worsen the employee's position, reduce the level of guarantees or limit his rights, then according to the Labor Code they are recognized as illegitimate and are not subject to application.

You can include in the contract terms that are civil in nature, for example, the possibility of providing a place in a preschool institution or the issuance of a loan to improve housing conditions.

But such moments, although they may be contained in the contract, will be regulated by civil obligations and will not have any relation to labor law.

Additional conditions may be present in the main text of the agreement. But if the decision on their adoption was made after the signing of the employment contract, then nothing prevents them from being formalized as an additional agreement or an annex to the contract, which will be considered an integral part of the employment agreement.

Is it possible to change them

Changing the employment contract is quite possible. Moreover, not only additional conditions can change, but also mandatory ones.

The initiative to modify conditions can come both from the direct employer and from the employee himself. The main requirement is to change the conditions by agreement of the parties and necessarily in writing.

When the terms of the contract are changed at the will of the employer, it is necessary that he notify the employee of the upcoming changes at least two months in advance. If the employee agrees, you can proceed to negotiations.

In accordance with labor legislation, an employment contract is an agreement between an employee and an employer (in Art. 56 of the Labor Code of the Russian Federation). An employment contract presupposes that the employer is obliged to present the employee with work according to a specified labor function, to ensure working conditions, to pay wages in a timely manner and in full, and the employee undertakes to perform certain labor functions in the interests, under the management and control of the employer, as well as to comply with the internal labor regulations ...

Consider the conditions that must be included in the employment contract.

In accordance with Art. 57 of the Labor Code of the Russian Federation, an employment contract must include:

  • Information to be included in the employment contract;
  • Mandatory conditions of the contract;
  • Additional terms of the contract.

The information to be included in the employment contract includes:

  • Surname, name and patronymic of the employee;
  • Employer name;
  • Details of the employee's identity document;
  • Employer's TIN;
  • Information about the employer's representative (if the employer concludes the employment contract not personally, but through his representative);
  • Date and place of the contract.

The absence of the above information may be grounds for terminating the contract.

Mandatory terms of the contract

The following conditions must be included in the employment contract:

1. Place of work.

Place of work and workplace should not be confused. Place of work is the name of the employer.

If an employee is admitted to a branch of the organization located in another locality, then his location is indicated in the contract.

Example:

"The place of work of the employee is LLC" Moscow windows "located at the address: Moscow, st. Moscow, d. 29. "

2. Labor function.

Labor function is work by position, profession, specialty, indicating the qualifications or the specific type of work entrusted to the employee.

The name of the position, for work not associated with harmful and dangerous working conditions, the employer can determine independently. If work is associated with harmful and hazardous working conditions, i.e. imply the provision of any compensation or benefits, then the names of positions, professions or specialties should be indicated in accordance with qualification reference books (ETKS, EKS) and professional standards.

Example:

For the position: "The employee is entrusted with the performance of work as a design engineer."

For the profession: "An employee is employed as a locksmith of the 3rd category."

3. Start date of work.

The date of commencement of work may differ from the date of the conclusion of the employment contract.

If the start day of work is not specified in the employment contract, then the employee must start work on the day following the day of signing the employment contract.

Example:

Note: if the employee is actually admitted to work, the employer must conclude an employment contract with him no later than 3 days from the date of such admission.

4.Duration of the contract

This item is indicated only in a fixed-term employment contract. In this case, in addition to the term of the contract, the basis for its conclusion is also indicated.

Example:

“2. Contract time.

2.2. The contract is concluded for six months for the period of the store's operation from January 17, 2017 to July 17, 2017 ".

If it is not possible to determine the exact date of the end of a fixed-term employment contract, then the contract can specify the condition for its termination.

Example:

"This agreement was concluded during the absence of the secretary of Sidorova Galina Petrovna in connection with parental leave for a child under three years of age."

5. Terms of payment.

The labor contract must indicate the size of the tariff rate or salary, as well as all the stipulated allowances, surcharges and bonuses (part 1 of article 135 of the Labor Code of the Russian Federation).

The maximum salary is not limited, with the exception of certain categories of workers, the amount of remuneration for which is established by legislative acts of the Russian Federation.

The minimum wage of an employee who has worked the standard of working hours cannot be lower than the minimum wage (currently it is 7,500 rubles).

In addition to the amount of remuneration, the labor contract must indicate the methods and terms of payment of wages.

Example:

"5.1. The official salary is set for the employee in the amount of 45,000 (forty-five thousand) rubles. and other incentive payments in accordance with the bonus regulations.

5.2. The due date for payment of wages is the 8th and 21st of each month. "

Note: wages must be paid at least 1 time in half a month, no later than 15 calendar days from the end of the period for which it was charged (part 6 of article 136 of the Labor Code of the Russian Federation).

6.Mode of working time and rest time

This condition is included in the contract if the work schedule of a particular employee differs from the general rules established by the employer.

Example:

"3.1. An employee is assigned a shorter working day with a standard working time of 30 hours per week with a five-day working week with a daily work duration of 6 hours.

3.2. The work starts at 8.00 and ends at 15.00. Break for rest and meals - from 12.00 to 13.00. "

6.Guarantees and compensations for work with harmful and (or) dangerous working conditions

This condition is mandatory for employees with harmful and (or) hazardous working conditions.

The list of such employees is determined by law. However, if in the course of a special assessment of working conditions, their presence at the workplace of an accepted employee is revealed, then this paragraph should also be included in the employment contract with the employee.

Example:

"For work in hazardous working conditions of the 2nd degree, the employee is granted an additional paid leave of 8 calendar days."

  1. Nature of work

This clause is included in the employment contract at the discretion of the employer. As a rule, it is relevant for workers with a traveling nature of work.

Example:

"The employee is established a traveling nature of work with the territory of traveling in Moscow and the Moscow region."

8. Working conditions in the workplace

Working conditions are indicated on the basis of a special assessment carried out at specific workplaces.

If the organization has not carried out a special assessment of working conditions, then the working conditions are indicated on the basis of the earlier certification of workplaces.

Example:

"Working conditions at the worker's workplace are harmful: class 3, subclass 3.2."

9. Compulsory social insurance

The legislation provides for several types of social insurance:

  • Compulsory medical;
  • Social in case of temporary disability and in connection with motherhood;
  • Social from industrial accidents and occupational diseases;
  • Mandatory pension.

It is not necessary to list all types of employee insurance in the employment contract. It is enough to indicate a reference to the legislation.

Example:

"The employer guarantees the insurance of the employee in the compulsory social insurance system in accordance with the norms of the Labor Code of the Russian Federation and other federal laws."

Other conditions

This clause indicates specific provisions for certain categories of workers (for example, working part-time).

An employment contract is the main document governing the labor relationship between an employee and an employer. And at the same time, this document carries significant risks for the employer if the requirements for its preparation and content are violated. Therefore, it is extremely important for the employer to draw up this agreement correctly.

In fact, there are not many requirements in labor legislation that are imposed on employers when drawing up an employment contract. But, as noted earlier, it is extremely important to comply with them. After all, the law provides for separate liability for the incorrect preparation of an employment contract. This is stated in Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, responsibility is expressed (in particular) in the form of a fine for legal entities in the amount of 50,000 to 100,000 rubles. At the same time, it is important to take into account that when conducting inspections, the inspection body often attracts the employer for each incorrectly drawn up document separately. In this regard, the fine for such a seemingly insignificant violation can amount to hundreds of thousands, given the fact that employers make mistakes when developing a standard form of the contract, respectively, subsequently, these errors are present in labor contracts with all employees.

In this article, we will analyze the conditions that must be contained in an employment contract. If the employer correctly indicates at least the obligatory conditions, the risk of bringing to administrative responsibility will already be minimal.

So, the main article that regulates what should be spelled out in an employment contract is article 57 of the Labor Code of the Russian Federation. Let's dwell on it in more detail.

Article 57 of the Labor Code of the Russian Federation divides the labor contract into two parts: mandatory information and mandatory conditions. In this case, information means information about the employee and the employer, as well as information about the time and place of the conclusion of the contract. The terms and conditions mean what the parties agree on.

The following information is mandatory for inclusion in an employment contract:

- about the employer - the name of the employer (last name, first name, patronymic of the employer - an individual and information about his identity documents), taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs), information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is vested with the appropriate powers;

- about the employee - the surname, name, patronymic of the employee; information about the employee's identity documents;

- date and place of conclusion of the employment contract.

These are mandatory conditions by law. Of course, in practice, employers are not limited to this and include a lot of additional information about both the employer and the employee in the employment contract. The inclusion of additional information about the employer does not carry any risks. Caution must be exercised when including additional information about the worker. It is necessary to pay attention to the fact that, including information (which is not determined by the law as mandatory), it is important to comply with the legislation on personal data, according to which their processing is allowed only with the written consent of the employee. That is, before including information about the place of residence, place of birth, date of birth, telephone number, etc., in the employment contract, the employer must first obtain from the employee a written consent to the processing of personal data, drawn up in accordance with all the rules of the law.

Now let's look at the prerequisites that must be in every employment contract. So, the following conditions are mandatory for inclusion in an employment contract.

1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality - the place of work with an indication of the separate structural unit and its location.

Please note that the law does not determine how detailed the place of work of an employee, the location of a separate structural unit should be indicated. That is, the employer can limit himself only to the name of the settlement (for example, Moscow), or he can indicate the place of work in detail, right down to the street, house, office, etc. However, the possibility of moving the employee and the possibility of bringing him to disciplinary responsibility for disrespectful absence from the workplace depends on how detailed the place of work will be indicated.

2. Labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of assigned work). If, in accordance with the Labor Code, other federal laws, the provision of compensation and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements, specified in the qualification reference books, approved in the manner prescribed by the Government of the Russian Federation, or the relevant provisions of professional standards.

This is one of the most important conditions of an employment contract. Please note that the law does not disclose how detailed the job function should be. But an important condition is that the labor function must be specified in the employment contract itself. Considering that the labor function actually consists of 2 parts (job title and type of work assigned to the employee), many employers make mistakes. Very often there is a case when part of the labor function, namely the job duties of the employee, is prescribed in the job description, which is drawn up separately from the employment contract. This is a violation, since in fact, in the employment contract itself, there is no condition about what kind of work the employee must perform.

Therefore, there are several options for the design of this condition. In particular, the job description of an employee can be spelled out in the text of the employment contract, or they can be placed separately in the job description, but it is important to indicate that such job description is an integral part of the employment contract.

3. The date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with the Labor Code or other federal law.

An important point in this condition is the need to justify the conclusion of a fixed-term employment contract, in strict accordance with Art. 59 of the Labor Code of the Russian Federation. In the event that this requirement is not met, there is a risk of recognition of a fixed-term employment contract as an agreement concluded for an indefinite period. Accordingly, the employer will no longer have the right to terminate the employment contract with the employee on the basis of the expiration of the employment contract.

4. Terms of remuneration, including the size of the wage rate or the official salary of the employee, additional payments, allowances and incentive payments.

It is important to indicate exactly the size of the salary or the hourly rate. In addition, it is recommended to at least name those payments that are provided for in the local regulations of the employer. The very same criteria and other conditions for the payment of the incentive part of wages are recommended to be indicated not in the contract itself, but in local regulations establishing the wage system.

It is also important to note the importance of specifying payroll dates. This requirement is currently established by Art. 136 of the Labor Code of the Russian Federation. However, from October 3, 2016, employers can choose where to write this condition: in an employment agreement or in a collective agreement. But at the same time, the requirement to indicate this condition in the internal labor regulations remains unchanged.

5. Working hours and rest hours (if for this employee it differs from the general rules in force for this employer).

If the working hours do not differ from the general rules established by the employer, this condition may be absent from the contract. However, in order to minimize possible risks, it is nevertheless recommended to indicate that the working hours are established in accordance with the rules of the internal labor schedule.

6. Guarantees and compensation for work with harmful and (or) hazardous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace.

The condition is mandatory if the working conditions at the employee's workplace are recognized as harmful and (or) dangerous. The scope and nature of guarantees depends on the hazard class established by the results of a special assessment of working conditions or certification of workplaces.

7. Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).

Mandatory if the employee actually works in such conditions. In addition, it is more expedient for the employer to establish this condition if the employee actually periodically carries out official trips so as not to issue a business trip.

8. Working conditions in the workplace.

The condition is mandatory in all cases, including when, based on the results of a special assessment of working conditions or attestation, the working conditions are recognized as acceptable or optimal.

9. Condition on compulsory social insurance of the employee in accordance with the Labor Code and other federal laws.

It is important to note that it is necessary to indicate all the compulsory types of insurance that are provided for by law.

10. Other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.

This includes the condition on the norms for the issuance of flushing and neutralizing agents, the condition on permits for work and VHI (for foreign workers), and so on (depending on the characteristics of the employees).

Specifying the above conditions will already significantly reduce the employer's risk when passing both scheduled and unscheduled inspections. Of course, you can specify other conditions in the employment contract, they are also listed in Art. 57 of the Labor Code. But additional conditions are not mandatory, and for the fact that the employer does not include them in the contract, liability does not come (at least from the inspection bodies). However, it is important to consider one more point. If the employer decides to include an additional condition in the employment contract (in addition to the mandatory conditions), it is necessary to make sure that this condition does not worsen the employee's position in comparison with the current legislation. Otherwise, such a condition may be invalidated, and additional questions may arise from the supervisory authorities to the employer.


Yuzhalin Alexander Consultant of Valentina Mitrofanova's group of companies, leading specialist in the field of labor legislation and HR administration

 

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