Model employment contract for small businesses. Model employment contract for micro-enterprises. What must be in an open-ended employment contract

Labor contract 2020 sample free download with employee, SP form

10.02.2020

The concept of "employment contract" and "parties to an employment contract" is defined in article 56 Labor Code TC of Russia (TC RF). Labor contract- an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations and this agreement, timely and in full pay wages to the employee, and the employee undertakes to personally fulfill the specified in this agreement labor function in the interests, under the management and control of the employer, to comply with the rules of the internal work schedule operating for the given employer.The parties to the employment contract are the employer and the employee.

Download: employment contract form, sample, form

The Labor Code does not define a specific form or sample of an employment contract. Legislatively, only the form for micro-enterprises is defined (from 01.01.2017).

Download the form (sample):

Other options for downloading an employment contract (all in word, doc):

Forms are approximate.You can choose the form that suits you best. Forms can be adjusted depending on specific situation and needs. Presented are contracts of an individual entrepreneur (individual entrepreneur), an organization (LLC, OJSC, etc.) with an employee. Formsemployment contract with the director, accountant, seller, driver, see this .

Model Employment Contract Form for Microenterprises

Typical form of employment contract for micro-enterprisesapproved by the Government Decree Russian Federation dated August 27, 2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises",as amended by the Decree of the Government of the Russian Federation of November 15, 2019 No. 1458 "On Amendments to Certain Acts of the Government of the Russian Federation".

The beginning of the document's validity: 01/01/2017.

Commencement date of the latest revision: 20.11.2019.

On changes in the form of TD in accordance with the resolutionfrom 15.11.2019 No. 1458 (extract): In clauses 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises, approved by the Government of the Russian Federation of August 27, 2016 N 858 "On the standard form of an employment contract concluded between an employee and the employer - a small business entity that belongs to micro-enterprises "(Collected Legislation of the Russian Federation, 2016, N 36, Art. 5414), the words" insurance certificate of compulsory pension insurance "shall be replaced by the words" insurance number of an individual personal account in the system of individual (personalized) accounting ".

New on the topic

New from 02/10/2020: If an employee wants to have a paper employment history and an electronic work book, then he does not need to submit two applications. This is the conclusion reached by the experts of the company "1C". Source: buh.ru

explained whether the employer is obliged to draw up or translate an employment contract into the mother tongue of a foreign worker.

New from 12/27/2019: Rostrud experts clarified whether the organization can conclude a preliminary employment contract, which would oblige the parties to conclude a main employment contract in the future (Excerpt: labor legislation does not provide for the conclusion of a preliminary employment contract. Labor relations should only be formalized by an employment contract).

New from 04/04/2019: The Ministry of Labor of the Russian Federation, in a letter dated 03/07/2019 No. 14-2 / B-139, informs that the employer can dismiss the employee after the expiration of the employment contract, even during the employee’s vacation or during the period of temporary disability.

New from 28.12.2018: The Ministry of Labor in a letter dated 12.11.2018 No. 14-1 / OOG-8602 informs that the payment wages before the scheduled date does not violate the rights of employees.

New from 12/14/2018: E experts from Rostrud report that pOnly a court can recognize a fixed-term employment contract as open-ended (witha term employment contract is concluded only on the grounds listed in article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a specified period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (part 5 of Article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk regionalthe court in the appeal ruling of 06/27/2018 in case No. 33-4045 / 2018 allowed employers not to index the salaries of employees (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that it is impossible to reduce wages during the probationary period, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.

New from 10/30/2018: Rostrud experts in the Rostrud report with guidance on how to comply the mandatory requirements of the regulatory legal acts for the III quarter of 2018 are explained and reported:

When can the term of the employment contract be extended by means of an additional agreement;

When the terms of the leave are included in the employment contract;

The position in the employment contract does not always have to correspond to the qualification reference books.

New from 07/31/2018: The Government of Russia in the decree of 07/26/2018 No. 873 amended the standard form of an employment contract with the head of a state (municipal) institution.

New from 03/30/2018: МIntrude of the Russian Federation in a letter dated March 21, 2018 No. 14-2 / B-191 specifies whether the numbering of employment contracts in commercial organization, and what numbering system can be used.

New from 03/19/2018: The Ministry of Labor of the Russian Federation, in a letter dated 03/05/2018 No. 14-2 / B-148, clarified how the staffing of employees involved in work is carried out, for which various restrictions are determined by laws.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft decree: regulation.gov.ru

New from October 31, 2017: The Ministry of Labor of Russia, in a letter dated October 18, 2017 No. 14-2 / B-935, clarifies the procedure for collecting from the employee the amounts spent on his training in the event of early termination of the employment contract.Excerpt: "In case of dismissal without good reason before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 19.10.2017 N 14-2 / B-942, explained whether it is possible, when concluding an employment contract with an employee, to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to find a job in a competing company (The employer does not has the right to restrict the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 18, 2017 N 14-2 / B-935, specifies how the termination of an employment contract concluded with temporary worker for the time the main employee is on sick leave (when the term for termination of the employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor the absence mandatory conditions in the employment contract (Article 57 of the Labor Code of the Russian Federation "Content of an employment contract") the employer faces a fine. For more details see the message of Rostrud.

New from 07/13/2017:
The Ministry of Labor of Russia, in a letter dated June 30, 2017 No. 14-1 / B-591, explained which clauses a micro-enterprise can exclude from a standard employment contract. More details on this.

Commentary on the Standard Form of Employment Contracts for Microenterprises(Source: government.ru)
By Decree No. 858 of August 27, 2016, a standard form of an employment contract was approved, including various options for filling out certain terms and conditions. A standard form of an employment contract in micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the peculiarities associated with the performance of specific work related to a specific employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council for the Development of Small and Medium Business, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph "b") Law of July 3, 2016 No. 348-FZ "On Amendments to the Labor Code of the Russian Federation regarding the specifics of labor regulation of persons working for employers - small businesses that are classified as microenterprises" (hereinafter - the federal law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer - a small business entity that is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on remuneration, shift schedule, and others). At the same time, the terms and conditions that, in accordance with the Labor Code, are governed by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed decree approved a standard form of an employment contract, which includes various options for filling out certain terms and conditions. This will allow for flexibility in regulation. labor relations taking into account the specifics of the activity of a particular employer.
The standard form of the contract includes special conditions used for teleworkers and homeworkers that are not used in other cases.
A standard form of an employment contract in micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the peculiarities associated with the performance of specific work related to a specific employee.
The implementation of the resolution will reduce the volume of document circulation and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as microenterprises.

The employment contract specifies:
the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
information about the identity documents of the employee and employer - an individual;
taxpayer identification number (for employers, excluding employers - individuals who are not individual entrepreneurs - 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 powers;
place and date of the conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
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 a separate structural unit and its location;
labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee). If, in accordance with this Code, other federal laws, the provision of compensation and benefits or the existence 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 to them must comply with the names and requirements specified in qualification reference books approved in the manner prescribed by the Government of the Russian Federation, or the relevant provisions of professional standards;
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 this Code or other federal law;
terms of remuneration (including the size tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);
working hours and rest hours (if for this employee it differs from general rules employed by this employer);
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;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions at the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing an employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties concluded in writing which are an integral part of the employment contract.
The employment contract may provide additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations, in particular:
on clarification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the employee's obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional insurance for the employee;
on improving the social and living conditions of the employee and his family members;
to clarify, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for the employee.
By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements ... Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

The term of the employment contract defined in Article 58 of the Labor Code of the Russian Federation
Labor contracts can be concluded:
1) for an indefinite period;
2) for a certain period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws. More details in article 58 of the Labor Code of the Russian Federation

Concept Fixed-term employment contract introduced in Article 59 of the Labor Code of the Russian Federation.

According to article 60 of the Labor Code of the Russian Federation Prohibition to demand the performance of work not stipulated by the employment contract, except for the cases provided for by this Code and other federal laws.

In article 60.1. Labor Code of the Russian Federation defines the concept Part-time work
The employee has the right to conclude employment contracts for the performance of other regular paid work during his free time from the main job with the same employer ( internal combination) and (or) from another employer (external part-time job). The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

In article 60.2. The Labor Code of the Russian Federation speaks of: Combining professions (positions)... Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in an employment contract

Article 61 of the Labor Code of the Russian Federation determines:Entry into force of an employment contract

An employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or an employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his an authorized representative.
The employee is obliged to proceed with the execution job responsibilities from the day specified in the employment contract.
If the day of starting work is not specified in the employment contract, then the employee must start work on the next business day after the entry into force of the contract.
If the employee did not start work on the day of commencement of work, established in accordance with paragraphs two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive security for compulsory social insurance in the event of an insured event in the period from the date of the conclusion of the employment contract until the day of its cancellation.

Since 2017, all enterprises belonging to the "micro" category have the possibility of reducing the turnover of documentation within the framework HR administration... This also applies to situations when for registration of employees for work is used model employment contract... Its form is established by the government, there is a special Resolution No. 858.

Absolutely all labor relations subject to official registration are established through the conclusion of this contract. This moment acts as a direct obligation of the employer, enshrined in the Labor Code of the Russian Federation. If this document is absent, the phenomenon is regarded as a legal violation and involves the accrual of certain administrative penalties in relation to the employer.

There is a few basic requirements on the content of the employment contract, and they are all determined within the framework of Art. 57 of the Labor Code of the Russian Federation. To make the use of the agreement as convenient as possible, all information is classified into sections, but this condition is not mandatory.

Paper registration takes place in writing, and then it is fastened and certified by the signatures of the parties involved in the labor relationship. Through this contract, there is legalization of an agreement between the employee and the employer.

Who can use the model form

Since the beginning of January 2017, micro-enterprises and individual entrepreneurs exempt from use the generalized document. Now they are allowed to describe all the features of cooperation directly in the employment contract using a standard sample.

Organizations that have implemented this form may be exempt from filling out some other regulations related to the work and rest hours of personnel, internal regulations, payment system.

Before making the transition to a new form, you must complete abandonment of previous documents to avoid major inconsistencies between them. This is necessary in order to form the appropriate order. In it, the company indicates the fact of the loss of legal force by previously approved documentation. The standard form is available not only for small business participants, but also for other employers.

Main criteria for a micro-enterprise

Microenterprise is small business entity who answers several conditions.

The indicator of the average annual headcount of the enterprise is up to 15 people.
Income per year - up to 120 million rubles.
The total number of external participants is not more than 49%.

Is there some more several typical descriptive characteristics of this type of objects. But for a clear assignment to this category, an assessment is sufficient. three parameters.

To check the company for compliance with certain criteria, it is worth contacting the Unified State Register of Legal Entities.

Features of a typical document

The full form of this paper suggests many situations... Anything unnecessary can be removed. The uniqueness of this documentation also lies in the fact that it provides certain correct wording.

The contract even contains sections that display information on remote employees. The only thing that's not there is employment standards for foreigners.

The concepts, status and benefits of a micro-enterprise are discussed in this video.

Practical sample documentation

Such an agreement is versatile document, which includes 11 chapters and even more separate paragraphs, which spell out general provisions. Consider the structure of a typical document and the features of its formation at certain firms.

This is a mandatory part of the contract. The full name of the employer and information about him are noted here. If a probationary period is provided, it is negotiated here, as well as the nature of the work. There is also more multiple data, which must be necessarily reflected here:

the moment from which the employee begins to perform his duties;
finding his workplace;
nature of work (stationary, traveling, remote);
a list of equipment units used in the process of fulfilling obligations;
the time frame during which the employee will be provided with working material;
the order in which the payment of incentives and compensations will follow;
the duration of the employee's working hours and rest periods.

Employee rights and obligations

This clause provides specific information regarding exactly which work functions will be performed by the new specialist.

Traditionally, this part of the form contains standard conditions, but at the end of each of the subsections, the employer may indicate the specifics.

Employer's rights and obligations

Here we are talking about data that is similar to the second section. All points proposed by the legislator can be left. If necessary, you can add several of your own positions, for example, indicate a list of tools and materials with which the employer undertakes to provide the employee before he starts the work process.

Employee salary

it extremely important part of the document that requires treatment special attention especially if the organization has given up on remuneration decisions. This paragraph describes in detail all the constituent elements of salary plans.

The model agreement provides for several types of payments, and next to each of them the amount, salary, compensation, incentive allowances are indicated. Also in the document, it is necessary to determine the specific dates for the payment of wages and the methods of obtaining it.

Working hours and rest

This section includes information about the length of each day of work and the duration of rest, days off, vacation. Subject to filling exclusively those lines that should contain certain information.

Occupational Safety and Health

This is about baseline conditions, and also it is worth noting the obligation to undergo periodic medical examination... If an employee is supposed to use special personal protective equipment, you need to write down a list of them.

Guarantees

This section is filled out when paying for training or an employee's policy, as well as when returning the cost of renting housing, sanatorium vouchers and reimbursing other social guarantees.

Other conditions

In practice, this section is considered the shortest... Most often, it must be filled out in the case when the employment of teleworking employees occurs.

Modification of conditions

Usually it contains general information that the conditions can be changed only within the framework of the general agreement of the parties. Usually this item does not require any changes or additions.

Responsibility of the parties

It also contains standard set of conditions that are versatile for more cases. Penalties are stipulated that will follow for the candidate and his immediate superior if the conditions or any part of them are ignored.

Final provisions

This is about legal basis, which are the basis for making specific decisions. The applicant for a position here must put his signature, and it is made under each position with which an acquaintance is made.

At the end there is an indication of complete information about the employer and employees.

A typical microenterprise employment contract is a special document developed by the government for small companies and individual entrepreneurs. It allows you to reduce the load on SMEs- both documentary and administrative. Let's analyze a sample of a standard employment contract with an employee (2019) with examples.

From 01.01.2017, the types of employment contracts were supplemented by a new document - a standard form of an employment contract with an employee for micro-enterprises. It was developed by the Ministry of Labor and approved by the Government Decree of August 27, 2016 No. 858. The document is universal and replaces some personnel documents (Federal Law No. 348-FZ of July 3, 2016).

Who has the right to use a standard form of an employment contract with an employee of a micro-enterprise

Organizations and individual entrepreneurs with employees meeting the following criteria:

The staff is not more than 15 people.
Last year's income was no more than 120 million rubles.

The rest of the employers who do not meet these criteria can also use the sample of the standard employment contract (2019), but they do not have the right to refuse other personnel documentation in this regard.

A standard employment contract with an employee (sample 2019) is convenient, because it takes into account the requirements of Article 57 of the Labor Code of the Russian Federation to agreements between employers and their employees, and reduces the risk of receiving a fine under Article 5.27 of the Administrative Code of the Russian Federation, which provides for administrative liability for:

evasion from registration or improper execution of an employment contract, or the conclusion of a civil contract that actually regulates labor relations between an employee and an employer.

for an official - RUB 10,000–20,000;
for an organization - 50,000–100,000 rubles;
for individual entrepreneurs - 5,000–10,000 rubles.

To start using the standard form, it is enough to issue a corresponding order for the organization.

To conclude with foreign citizens the form does not fit.

What personnel documents can be waived

All micro-enterprises that will transfer employees to a standard form may not issue the following personnel documents:

orders for employment and dismissal;
regulation on remuneration;
provision on bonuses;
regulations internal regulations.

Reason: The sample of the model employee employment contract (2019), developed for micro-enterprises, already includes all necessary rules and the conditions of the employee's activity.

What must be in an open-ended employment contract

The list of mandatory details in labor agreements is listed in article 57 of the Labor Code of the Russian Federation. A model contract for microenterprises is no exception, so it prescribes:

employer's data and full name employee;
TIN of the employer and passport data of the employee;
place and date of imprisonment;
the employee's place of work;
the nature of the work to be performed (job title (profession) and job duties);
deadline when to start work;
the size of the salary and the conditions for its payment (indicating specific dates, place and method of payment);
work and rest mode;
information about social insurance;
information on working conditions based on the results of the special assessment;
additional conditions, if necessary (if the working conditions are recognized as harmful or dangerous, prescribe appropriate compensation; if the nature of the work is specific, indicate this fact).

There are conditions that an employment contract (completed sample) should not contain. The agreement cannot:

combine main work and part-time work (part-time job itself is not prohibited, but it must be drawn up in a separate document);
establish a work regime that violates the provisions of the Labor Code of the Russian Federation;
include a condition on the payment of wages below the minimum wage;
set salary payments only once a month.

How to fill out a standard contract

A typical employment contract (form) includes several different work situations. This is a constructor that each employer collects for himself, and only the information that is necessary for cooperation with a specific employee remains in the document. The standard form contains correct wording that meets the norms of the Labor Code of the Russian Federation for all situations, including cooperation with remote and home-based workers, so you do not need to add anything to it.

Employers can simply download a free sample employment contract (2019) at the end of this article. But it is necessary to learn how to fill it out correctly, because the working conditions may differ, and you will have to fill out the document differently.

The model form developed by officials is quite large. There are 38 points in it, combined into 11 chapters. But not everything needs to be filled in. We will show which points to omit, using the example of the step-by-step filling out of an employment contract with an employee who is hired as a sales manager.

Step 1. Section " General Provisions»Must be completed by all employers. It is intended to indicate information about the organization and the employee, therefore, we enter the full name of the employer and his address, as well as the surname, name, patronymic and position of the future employee in the form. If a job test is provided for an employee, it is necessary to indicate its term. In the same section, you need to write:

nature of work - main or part-time;
validity period (if urgent);
information on when the employee starts work;
where his workplace will be located.

The employment contract must contain information about the traveling nature of the work. If there are no special features, you can write that "the employee does not have a special nature of work."

Step 2. In the section "Rights and obligations of the employee", you need to describe all the responsibilities of the new specialist and his rights in accordance with the Labor Code of the Russian Federation and the collective agreement. If desired, the employer can add agreements with a specific employee to the standard text.

Step 3. The section "Rights and obligations of the employer" informs about the functions of the employer. Here you can add your own conditions to the standard ones.

Step 4. In the section "Employee remuneration", you need to be careful if the organization has abandoned the provision on remuneration. In it, the composition of the wages is prescribed in detail. The standard form contains several types of payments, the employer only has to choose the ones he needs and indicate the amount:

official salary;
compensation payments (for work during harmful conditions, use of personal vehicles, etc.);
incentive payments (bonuses and incentives);
other payments.

The section indicates the frequency of payments and specific dates, conditions and method of payment - to a bank card, account or in cash.

Step 5. In the section " Work time and the employee's rest time ”write about the length of the working day, rest time, days off and holidays.

Step 6. The section "Labor protection" is devoted to the working conditions of the employee. If necessary, we indicate the obligatory passage and the frequency of the medical examination. If the employee is entitled to personal protective equipment, enter which ones.

Step 7. Section " Social insurance and other guarantees ”not everyone needs. It is filled out if the employer is obliged to pay the employee training, the policy of voluntary health insurance, vouchers to the sanatorium.

Step 8. Completing the section "Other terms of the employment contract" may be required when employing homeworkers, teleworkers, or when concluding an agreement with an individual entrepreneur.

Step 9. The section "Changing the terms of the employment contract" contains general information that the terms of the contract can be changed only by agreement of the parties.

Step 10. In the section "Liability of the parties to the employment contract", the standard conditions remain.

Step 11. Section 11 "Final Provisions" is intended to indicate the details of the parties, as well as the signature of the employee under all the rules and regulations with which he is familiar. The employer is obliged to familiarize him with:

with a collective agreement (if any);
job responsibilities;
various instructions of the organization.

The employee must receive a second copy of the agreement signed by the head of the employing company.

Remember: unified labor contract allows you to optimize work, but does not exempt you from the need to follow the changes in legislation and, as necessary, make the necessary adjustments to the document.

Starting from January 1, 2017, micro-enterprises were able to significantly simplify the workflow related to employees. To do this, it is necessary to fulfill the condition - to conclude a standard labor contract with each employee, but such a prospect is not open to everyone - the employer needs to correspond to certain categories of representatives of small and medium-sized businesses. Let's take a look at a sample employment contract for a micro-enterprise and find out how the agreement is drawn up.

Innovations regarding the conclusion of a standard employment contract by micro-enterprises

Today, employers classified as micro-enterprises are entitled to base relations with employees on the provisions of chapter 48.1 of article 309.2 of the Labor Code.

This suggests that a small business entity has the opportunity, on legal grounds, to partially or completely abandon the development of local regulations, which should include such moments as shift schedules, regulations on the payment of wages and bonuses, internal regulations and other aspects of labor activity. Instead, it is now possible to discuss all of the above points directly in the employment contract with the employee.

Sample Employment Contract for Micro Enterprises: Format Requirements

Today, in the standard form of an employment agreement between workers and micro-enterprises, there is most of the conditions for the implementation of labor activities, which previously should have been included in the text of local regulations.

A model contract between a microenterprise employer and an employee should contain eleven mandatory sections:

on the general conditions for the implementation of labor duties;
on the rights of the employee and his obligations to the employer;
about the rights and duties of the leader;
on the conditions and amounts of remuneration;
about the periods of work and the mode of rest;
on labor protection of employees;
about guarantees for employees, including social insurance;
on other significant issues related to employment in the company;
on amendments to the terms of the contract in the future;
on the measures of responsibility of the parties to the contract;
about the final points.

The inclusion in the terms of the employment contract of the provisions that were previously spelled out in the internal regulations of micro-enterprises, allows small and medium-sized businesses to improve the terms of agreements with employees, taking into account the specifics of the company.

The innovations do not imply the emergence of the right for the micro-enterprise to worsen the situation of employees - the conditions for concluding an agreement, as before, must take into account all the requirements of the Labor Code in relation to the protection and labor protection of subordinates.

Sample employment contract for micro-enterprises: transition to a new form of employment contract

The peculiarities of the transition to standard contracts with employees relate to situations when the agreements were signed before the innovations came into force - then the employment contracts will need to be concluded anew. However, the difficulty lies in the fact that labor legislation prescribes, at the end of the employment relationship, a full settlement of payment with the employee on the day of dismissal. There are no special rules that would regulate the procedure for renegotiating agreements in the Labor Code of the Russian Federation.

And in such a situation, it would be most convenient to conclude not a new employment contract, but an additional agreement to existing contracts. To avoid any difficulties, it makes sense to consider the data additional agreements as an employment contract designed specifically for micro-enterprises and corresponding to the standard form of the agreement.

If the company is no longer considered as a micro-enterprise, the law allows you to approve internal regulations and re-enter labor contracts (additional agreements) within the next 4 months after the loss of status.

Sample employment contract for micro-enterprises

Legislative acts on the topic

Typical mistakes

Error: The micro-enterprise lost its status, and the employer did not approve local regulations.

Is the main regulatory document regulating the relationship between the employee and the employer. The document has legal force, the provisions specified in it must strictly comply with both sides of the employment relationship. A properly drafted employment agreement will help protect the interests of the employer without prejudice to the interests of the hired personnel. The document must be drawn up in writing in two copies.

Many employers are interested in the question: is the standard form of the employment contract approved in 2019? Or can it still be free-form? The answers to these and other questions are in our material.

Is there a standard form of an employment contract?

Today, there is one standard form of an employment agreement approved at the government level. It is intended for micro-enterprises and can replace all personnel documentation with it (Article 309.2 of the Labor Code of the Russian Federation). The standard form of an employment contract for micro-enterprises was approved by the Government Decree of August 27, 2016 No. 858. The document came into force in January 2017.

The approval of the standard form made it possible to solve two problems of microbusiness:

optimize HR administration;

implement common standards for documenting issues legal regulation the relationship between hired workers and the employer.

Recall that micro-enterprises include organizations and individual entrepreneurs who carry out labor activity no more than 15 employees, and the level of income for the previous year was no more than 120 million rubles.

Drawing up an employment agreement in a standard form, as an alternative to maintaining personnel documentation

If a micro-enterprise formalizes labor relations with employees using of this document, it has the right not to adopt other local acts (in terms of labor law), including internal regulations, provisions on wages, bonuses, etc. This is very convenient as it reduces the documentary and administrative burden.

Requirements for an employee in a certain position, rights, obligations and other essential conditions must be specified in the text of the contract. In order for the introduction of such a personnel workflow to have legal grounds, the head of the subject entrepreneurial activity must record the use of the standard form of the employment contract in the relevant order.

Can organizations use a standard form of an employment contract intended for small businesses?

The basic requirements for the content of the employment agreement are specified in Art. 57 of the Labor Code of the Russian Federation. No changes were made to this article in 2019. Since the standard form of an employment contract for micro-enterprises contains all necessary information approved by current legislation, it can be applied not only by micro-enterprises, but also by subjects of medium and big business... If necessary, amendments can be made to the agreement, although the document was originally developed specifically for small businesses.

Using a standard contract form will help employers avoid possible fines under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for punishment for improper execution of an employment agreement. But the heads of organizations should remember that at the same time, only micro-enterprises are exempted from the obligation to draw up personnel documentation, this does not apply to everyone else.

The structure of the standard form of the contract

The standard form of an employment contract provides for various options for labor relations, including incl. home and remote work... The form consists of the following sections:

Preamble - information about the employer and the employee hired.

General Provisions. The section contains information about the position and place of work, probationary period... Here they prescribe the date when the employee must begin to perform the labor functions assigned to him, as well as the duration of the contract.

The rights and obligations of the employee. In this section, you should clearly record the job function and indicate what exactly is included in the job responsibilities. The rights of an employee include the timely receipt of salaries, compensation for harm caused to him during the performance of his work duties, etc.

The employer's rights and obligations. Here you can indicate that the head of the company has the right to demand that the hired employee perform the work assigned to him, respect the property of the company, etc. Obligations include the provision of work specified in this employment agreement, providing the employee with tools and personal protective equipment, etc.

Salary. In this section, you should indicate the size of the monthly salary that the hired employee will receive, the timing of payment of the salary, the method (in cash or through a bank), payment details where the funds will be transferred.

Working hours and rest time. The following is indicated here: duration working week, the time of the beginning of the work shift and its end, the duration of the annual leave.

Occupational Safety and Health.

Social insurance conditions.

Other terms of the employment agreement.

Changing the terms of the employment contract.

Responsibility of the parties.

Final provisions.

The final part of the contract displays detailed information about the parties to the agreement. General manager and the employee put their signatures and the date of acquaintance with it in the document.

The list of sections provided here is not exhaustive. Participants in an employment relationship have the right, at their discretion, to include other sections in the contract. If necessary, additional agreements concluded with the employee may be attached to the standard employment contract.

Sample filling out a standard employment contract

A typical form of an employment contract can be downloaded below.

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