Mandatory conditions of the employment contract. Conditions of the employment contract (mandatory and additional) 4 mandatory conditions of the employment contract

In Russia, legislation strictly regulates the issue of formalizing the relationship between workers and employers, and that is why it provides mandatory conditions employment contract in 2018, which must be present in the concluded document, regardless of other circumstances. The absence of one of the mandatory conditions for inclusion in an employment contract in some cases may lead to the recognition of the document as invalid in its individual 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 most aspects of labor relations are actually regulated is the Labor Code. In particular, the Labor Code of the Russian Federation also describes the mandatory terms of an 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 terms of an employment contract is considered primarily by the provisions of the following articles of the Labor Code of the Russian Federation:

  • Art.56. The standards of this article define the very concept of an employment contract as the main document regulating the existence of working relationships.
  • Art.57. The regulation of this article is directly devoted to the mandatory terms of the employment contract and includes a list of information that must be present in the agreement in any case, as well as data that is optionally included in the text of the agreement.

These are only the main regulatory requirements affecting the issues of procedural registration of existing labor relations. In practice, the legal regulation of mandatory information, which must be included in the agreement concluded between the parties, may be provided by other regulations - as directly by separate articles Labor Code, and federal laws, and other national documents.

Article 56 of the Labor Code of the Russian Federation suggests that even the absence of information required to be indicated in an employment contract may not be sufficient grounds for its termination or invalidation. In the event that any mandatory information was omitted during the preparation and signing of the document, the parties have the right to change the provisions of the concluded contract with the help of an agreement, or else - to seek a change in the employment contract in judicial order.

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 mainly 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 can have its own individual characteristics legal regulation, we can divide them into key groups, which will be discussed in more detail later. 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 relations - 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 where the employee will work must also be directly stipulated in the provisions of the contract. At the same time, there are quite a few nuances in this matter that the employer should take into account.
  • Labor function of the employee. The employment contract must fully describe the main tasks of the employee in the framework of work for the employer, establish his official 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 order and conditions of remuneration. The remuneration system established at the enterprise, as well as the direct amount of tariff rates, the employee's salary, bonuses - must be mandatory stipulated in the agreement being concluded.
  • Working hours and rest. The employer must fix the worker's mode of work, taking into account how work time, and the working week, the procedure for granting holidays 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 of a harmful or dangerous nature, this should be reflected in the agreement being concluded, while the employer must also reflect in the contract the guarantees provided in connection with special working conditions - both provided by the state and optionally established in within a position or company.

In some cases, certain terms 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 wants to use. For example, if labor activity involves a probationary period, the full liability of the employee and other nuances of the 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 implies an 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:

  • 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 the legal entity.
  • TIN of the employer.
  • Date of conclusion of the contract.
  • Place of 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 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 contract did not contain these key information that allows one of the persons who entered into it to be reliably identified, or if it is impossible to identify the date of the conclusion of the contract, and an agreement between the parties has not been reached, the contract may eventually be declared invalid, but only in court. The indication of false information or forged documents at the conclusion of the 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.

Mandatory requirements for an employment contract on the 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 precisely determine workplace up to the address and place of accommodation of the worker, which provides certain opportunities for the employer. Therefore, a number of features should be taken into account when specifying the workplace:

If the employee works at home, then his home is indicated as the place of work, the same applies to the obligation to indicate the nature of the work at home. With a remote contract, the place of work may simply indicate the actual location of the employee.

Labor function as a mandatory condition of an employment contract

The mandatory conditions of the employment contract include, last but not least, the labor function of the employee. It refers to the range of job responsibilities of the employee, the nature of his labor 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 contract, references to the job descriptions and staffing table acting as local regulations of the enterprise can be drawn up.

Fixed in local regulations and the employment contract, the position must match. At the same time, if the position may imply special conditions labor, providing additional social guarantees, it must also correspond to a single reference classifier.

Involve an employee in the performance of duties not provided for by him labor function the employer has no right - even within the framework of the order. Such involvement may require either the direct and voluntary consent of the employee, or a change in the labor function in the contract, which also requires the consent of the worker. It is prohibited to bring an employee to disciplinary responsibility for refusing to engage in activities that are not part of the employee's labor function.

If the labor function involves work in harmful or dangerous conditions, this nature of labor activity must be fully considered by the provisions of the contract.

Remuneration and working conditions as a mandatory condition of an employment contract

Under the working regime in Russian legislation it implies the establishment of a work schedule - the working week, the duration 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 holidays and holidays. 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 the 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 notice two months before the change, if it occurred 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 specify the working regime directly in the provisions of the agreement, if it provides for a reference to individual local regulatory documents enterprises - 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 you to use effective methods of employee motivation and personnel management and gives the employer the opportunity to improve the performance of the enterprise. At the same time, the employment contract must contain information both about the remuneration system and about its individual details that affect the direct amount 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 list or remuneration regulations.

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

Additional conditions in the employment contract that are mandatory optional

As mentioned earlier, if the labor regime will have certain features, their presence must 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. Some of the conditions that must be mentioned 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 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 are also referred to as urgent, however, the seasonal nature of the activity should also be reflected in the provisions of the document, if it is provided. More details about the features of the conclusion and legal regulation of fixed-term employment contracts can be found in a separate article.
  • Availability probationary period. The probationary period under the Labor Code of the Russian Federation is regulated by the standards 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 contract. At the same time, the probationary period affects the possibility of dismissal of the employee both due to failure to pass the probation, and due to own will employee, greatly simplifying the process of terminating the relationship for each of their parties. However, it should be remembered that certain categories of workers are prohibited from establishing a probationary period.
  • Material liability. If the position provides for the full liability of the employee, this condition must be reflected in the employment contract initially. Otherwise, the employer will need to conclude an additional agreement with the employee, in which the latter may refuse to participate.
  • Student agreement. If the employer provides employees with training opportunities and bears the costs associated with it, current contract may imply the obligation of the employee to work for a certain period of time as compensation for the time and money spent by the employer. And this fact must also be fully reflected in the provisions of the contract being concluded.
  • Access to legally protected secrets. 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. Just as in the case of financial liability, this question can be considered within additional agreement, however, it would be better if it is mentioned directly in the main document regulating the relationship between the employee and the employer.

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

Mandatory terms 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 terms of the employment contract in 2017

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

  • place of conclusion of the contract - the locality where the contract was signed, and the date of 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 (read below about the employee's information in the contract);
  • information about the representative of the employer, whose signature will be on the employment contract, as well as the basis of his powers. 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 the employee will work in a branch of the organization (subdivision, department, etc.) located in another area, then he should be indicated as the place of work. For example, Kaleidoscope LLC, an additional office in Istra, Moscow Region;
  • labor function of an employee - position or profession in accordance with staffing organizations. In fact, the labor function should specify the type of work entrusted to the employee. According to the clarifications of Rostrud, the acceptance of an employee for a position not included in the staff list, during verification, can lead to an administrative fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation, Letter of Rostrud dated 01.21.2014 N PG / 13229-6-1). And if you hire an employee for a position, the work for which involves the provision of compensation or benefits to him, then the name of the position and qualification requirements it must comply with the requirements established by the qualification handbook 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 Code of Administrative Offenses of the Russian Federation);
  • work start date. An employee who has concluded an employment contract is obliged to start fulfilling his job duties from this date. If the date of commencement of work is not indicated in the contract, then the employee must start work the next day after signing it (Article 61 of the Labor Code of the Russian Federation). The fixed-term employment contract must also indicate the duration of its validity and the reason for the urgency. Recall that an employment contract that does not specify a validity period is considered concluded for an indefinite period, that is, indefinite (Article 58 of the Labor Code of the Russian Federation);
  • wage conditions. The contract specifies the amount tariff rate or salary, and additional payments, allowances, incentive payments may also be prescribed;
  • working conditions in the workplace. They are determined based on 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 dated December 28, 2013 N 426-FZ);
  • mandatory condition social insurance worker.

Information provided by the employee in the employment contract

To conclude an employment contract, the employee is required to present only a passport. Since the mandatory conditions of an 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 department. And for the purposes of concluding a contract, they are not necessary.

Other mandatory terms of the employment contract

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

Also a prerequisite of the 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 the work: traveling, mobile, on the road, etc.;
  • guarantees and compensations for work with harmful and / or dangerous working conditions, if the employee performs such work (

When formalizing an employment relationship, the content of the contract sometimes seems very simplified, like something set out in a specific 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, the direct content of each specific employment contract refers to the conditions regarding which participants in the relationship reached an agreement, that is, their expressions of will coincided. In accordance with the terms of the contract, the subsequent behavior 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 employment 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 greatest importance is attached to the immediate conditions.

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

  • obligatory or necessary;
  • optional or optional.

The classification of conditions is established by the Labor Code, but at the same time their role is not sufficiently predetermined by law. As a result, some disputes 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.

Derived conditions are taken into account, as a rule, if special labor regulations are required for a particular work activity.

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

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

The presence of additional conditions depends entirely on the will of the parties. The parties to the contract can independently decide which aspects of labor activity need to be regulated through conditions.

Mandatory terms of an employment contract

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

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

If the mandatory conditions are not included in the text of the employment contract in a timely manner, then the parties involved have the right to disclose them in more detail later by accepting an additional agreement.

The following conditions are considered mandatory for inclusion in an employment contract:

place of work do not do it this concept be confused with "workplace". In this case, it means the place where the employee must arrive to perform his labor duties and which is under the control of the employer, directly or indirectly. In practice, a place of work can be understood as a specific organization, locality, office, etc. Since this term can be interpreted quite broadly, it is desirable to specify it to the maximum. 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 by what profession, and what kind of work will be performed employee, but it is necessary that the name of the position coincides with the labor function. You should indicate the position of the employee in accordance with the staffing table, the profession or specialty with the definition of qualifications or grade, the specification of the assigned work
start date as stated in article 61 of the Labor Code (), the employee must begin to execute official duties from the date specified in the employment contract. If there is no such definition, then work should begin on the next day after the signing of the contract. If the employee did not begin to fulfill his duties within the stipulated 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 fixed-term and concluded for an indefinite period, when temporarily hiring an employee, the date of termination of the contract should be determined. At the same time, it should be borne in mind that a fixed-term contract can only be concluded if there are good reasons that must be indicated in the document, and also that the term of a fixed-term contract cannot exceed five years. If the document does not specify the expiration date of the contract, then it is considered indefinite
pay for work any employment contract should indicate the amount of salary or the size of the tariff rate of the employee. In addition, this paragraph includes instructions regarding allowances, bonuses, compensations. You can describe additional payments in detail, but in principle it is not necessary to indicate their size, it is enough just to list all the due
work and rest schedule there may be some inconsistency with this term, since the description of wages involves the development of a certain time. However, this paragraph 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 schedule. Regarding the rest regime, it can be noted that the employee is entitled to additional rest, in addition to that required by law.
compensation for working conditions this item is required only if the type of activity involves some danger or work in hazardous production. Compensation may include a shorter working day, additional leave, provision of personal protective equipment, therapeutic and preventive nutrition and treatment, etc.
nature of work this condition is also not mandatory for all employment contracts. used this characteristic if traveling work is expected, 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, conditions of an additional nature may also be introduced into the contract on labor relations, if they do not worsen the position of the employee in comparison with the norms determined by law.

Additional conditions may include things like:

  • 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 right of the employer is to determine the probationary period for any employee, with the exception of those belonging to certain categories defined by labor legislation. The duration should be clearly defined. trial period subject to the permitted period;
  • the obligation of the employee to work for a 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 can demand that after completing the training the employee worked for the agreed period without the possibility of dismissal at his own request.

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

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

It is possible to include in the contract conditions that are of a civil law nature, for example, the possibility of providing a place in a children's preschool or negotiate a home improvement loan.

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

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

Can they be changed

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

The initiative to change the conditions can come from both the direct employer and the employee himself. The main requirement is a change in the conditions as agreed by the parties and must be in writing.

When changing the terms of the contract at the will of the employer, it is necessary that he notify the employee of the upcoming changes at least two months in advance. With the consent of the employee, 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). The employment contract assumes that the employer is obliged to provide the employee with work in accordance with the labor function, ensure working conditions, 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, and also to comply with the rules of internal work schedule.

Consider the conditions that should 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 terms of the contract;
  • Additional terms of the contract.

Information to be included in an employment contract includes:

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

Lack of the above information may be grounds for termination of the contract.

Mandatory terms of the contract

The following conditions must be included in the employment contract:

1. Place of work.

Do not confuse place of work and workplace. 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 employee’s place of work is Moscow Windows LLC located at the address: Moscow, st. Moscow, 29.

2. Labor function.

A labor function is work according to the position, profession, specialty, indicating the qualification or specific type of work assigned to the employee.

The title of the position, for work not related to harmful and dangerous working conditions, the employer can determine independently. If the work is associated with harmful and dangerous working conditions, i.e. involve the provision of any compensation or benefits, then the names of positions, professions or specialties should be indicated in accordance with the 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: "The worker is hired by locksmiths of the 3rd category."

3. Date of commencement of work.

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

If the date of commencement of work is not determined by the employment contract, then the employee must start work on the day following the day of signing the employment contract.

Example:

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

4.Term 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 was concluded for six months for the period of operation of the store from January 17, 2017 to July 17, 2017.”

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

Example:

“The present contract was concluded during the absence of Secretary Galina Petrovna Sidorova in connection with leave to care for a child under the age of three.”

5. Terms of payment.

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

Maximum size wages unlimited, except certain categories employees, the amount of wages of which is established by the legislative acts of the Russian Federation.

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

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

Example:

“5.1. The employee is set an official salary in the amount of 45,000 (forty-five thousand) rubles. and other incentive payments in accordance with the provision on bonuses.

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

Note: wages must be paid at least once every half a month, no later than 15 calendar days from the date of the end of the period for which it is accrued (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 mode of operation specific employee differs from general rules established by the employer.

Example:

“3.1. The employee is set a reduced working day with a norm of working time of 30 hours a week with a five-day working week with a daily working time of 6 hours.

3.2. Work starts at 8:00 am and ends at 3:00 pm. Break for rest and meals - from 12.00 to 13.00.

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

This condition is obligatory for workers with harmful and (or) dangerous working conditions.

The list of such employees is determined by law. However, if during the special evaluation working conditions, their presence at the workplace of the hired employee is revealed, then this clause should also be included in the employment contract with the employee.

Example:

"For work in harmful conditions labor of the 2nd degree, the employee is provided with 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 the traveling nature of work with the territory of the sidings of Moscow and the Moscow Region.”

8. Working conditions at 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 previous 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 protection from accidents at work 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 the reference to the legislation.

Example:

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

Other conditions

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

An employment contract is the main document that regulates labor Relations between employee and employer. And at the same time, this document carries significant risks for the employer in case of violation of the requirements for its preparation and content. Therefore, it is extremely important for the employer to draw up this contract correctly.

In fact, there are not many requirements in labor legislation that apply to employers when drawing up an employment contract. But, as noted earlier, it is extremely important to comply with them. Indeed, for the incorrect preparation of an employment contract, the law provides for separate liability. This is stated in Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, liability 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 during 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 precisely when developing a standard form of an agreement, respectively, subsequently these errors are present in employment contracts with all employees.

In this article, we will analyze the conditions that must be contained in an employment contract without fail. If the employer correctly indicates at least the mandatory 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 employment contract into two parts: mandatory information and mandatory conditions. Information in this case refers to information about the employee and the employer, as well as information about the time and place of the conclusion of the contract. Conditions mean what the parties agree on.

The following information is required to be included in the 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, with the exception of employers - individuals, which 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 endowed with the appropriate authority;

- about the employee - last name, first name, patronymic of the employee; information about the documents proving the identity of the employee;

- the date and place of conclusion of the employment contract.

These are required by law. Of course, in practice, employers are not limited to this and include in the employment contract a lot of additional information both the employer and the employee. Including additional information about the employer does not carry any risks. Care must be taken when including additional information about the worker. It is necessary to pay attention to the fact that, including information (which is not defined by 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., into 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 consider the mandatory conditions that should 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 subdivision of an organization located in another area - place of work indicating a separate structural unit and its location.

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

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

This is one of the most significant terms of the employment contract. Please note that the law does not disclose how detailed the labor function must be specified. 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 (the name of the position and the type of work assigned to the employee), many employers make mistakes. Very often there is a case when part of the labor function, namely official duties employee, are prescribed in the job description, which is drawn up separately from the employment contract. This is a violation, since in fact the employment contract itself does not contain a condition on what work the employee should perform.

Therefore, there are several options for the formulation of this condition. In particular, the job responsibilities of an employee can be spelled out in the very 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 concluding 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. If this requirement is not met, there is a risk of recognizing a fixed-term employment contract as a contract 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 tariff rate or official salary employee, additional payments, allowances and incentive payments.

It is important to specify exactly the size of the salary or hourly tariff rate. In addition, it is recommended to at least name those payments that are provided for in the local regulations of the employer. The criteria themselves 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 that establish 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 labor or in collective agreement. But at the same time, the requirement to indicate this condition in the internal labor regulations remains unchanged.

5. The mode of working time and rest time (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 not be in the contract. However, in order to minimize possible risks it is still recommended to indicate that the working hours are established in accordance with the internal labor regulations.

6. Guarantees and compensation for work with harmful and (or) dangerous 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 attestation of workplaces.

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

It is 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 makes business trips so as not to arrange a business trip.

8. Working conditions at the workplace.

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

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

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

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

These include the condition on the norms for issuing flushing and neutralizing agents, the condition on permits for work and VHI (for foreign workers) and others (depending on the characteristics of the workers).

The indication of the above conditions will already significantly reduce the risk of the employer during the passage of 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, there is no responsibility (at least on the part of the inspection bodies). However, it is important to take into account one more point. In case the employer decides to include additional condition in an employment contract (in addition to mandatory conditions), it is necessary to make sure that this condition does not worsen the position of the employee in comparison with the current legislation. Otherwise, such a condition may be invalidated, and additional questions may arise for the employer from the supervisory authorities.


Yuzhalin Alexander Consultant of the Valentina Mitrofanova group of companies, leading specialist in the field of labor legislation and personnel records management

 

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