An employment contract is a document that defines the nature and terms of the employment relationship between the employer (individual entrepreneur or legal entity) and the employee. In the contract, the employer undertakes to provide the employee with working conditions and payment in accordance with the norms of labor legislation, and the employee undertakes to fulfill the job duties assigned to him and to comply with the internal rules established by the employer.
The employment contract is drawn up in writing in 2 copies (for the employee and the employer) and signed by both parties to the employment relationship. The contract must be concluded within no more than 3 working days from the moment the employee is allowed to perform his official duties.
EMPLOYMENT CONTRACT
It is necessary to indicate at the beginning of the contract the date and place of conclusion of the contract.
___________________________________________________, hereinafter referred to as the “Employer”, represented by the General Director ____________________________, acting on the basis of __________________________ on the one hand, and
_____________________________, hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the “Parties”, have entered into this employment agreement as follows.
Job description of a milkman/milkmaid
After completing the internship, the employee must pass an exam to his immediate supervisor, on the basis of which the degree of his readiness to begin independent work is determined. Particular attention should be paid to assigning an employee the 1st electrical safety group for “non-electrical” personnel. Even if your job does not directly involve electricity, you should be aware and trained in the basic handling of electrical appliances and how to operate them safely. It is important to note that electrical safety training for employees can only be carried out by an employee who has an electrical safety clearance group of at least 4.
General provisions. Subject of the contract (Sample employment contract 2017)
1.1. An employee is hired at ___________________________________________ (location - ________________), in the HR department for the position of HR manager.
1.2. The Employee's workplace is located in the premises of the N___ personnel management department.
1.3. Working conditions at the Employee’s workplace in terms of the degree of harmfulness and (or) danger are optimal (__ class) (based on the results of certification of workplaces for working conditions dated _____________ (date of issue).
1.4. The work under this employment contract is the main one for the Employee.
1.5. This employment contract is concluded for an indefinite period.
1.6. Work start date (date when the Employee starts work) - _______________________(date).
1.7. The employee is subject to test to verify his suitability for the assigned job. The trial period is ______ months from the date of actual start of work. The probationary period does not include periods when the Employee was actually absent from work.
The criteria for successfully passing the test are the complete, high-quality and timely fulfillment by the Employee of the labor function provided for in this employment contract and job description, orders (instructions) of the Employer, orders of the immediate supervisor, local regulations and work requirements in force in the organization, labor discipline, labor protection regulations and safety precautions.
Document functions
As noted above, the contract legitimizes the relationship between the employee and the employer.
As soon as a new employee begins to perform his official duties, the employer is obliged to take care of drawing up an appropriate written contract.
The document comes into force from the moment you start working, and not from the day
its actual signing!
The finished document allows you to clearly delineate the rights and responsibilities for both parties. For example, the employer undertakes to provide free space for work and ensure timely payment. Also, according to the contract, the employee is provided with all social guarantees provided for by labor legislation and local regulations in force at the enterprise or organization.
In the event of controversial situations, inspectors and judicial authorities pay special attention to the correctness of the contract. If the document does not contain certain conditions, the employer does not have the right to demand their fulfillment from his employee.
The same rule applies to employees - they cannot, for example, expect any additional benefits from the employer if they are not included in the specified document.
Rights and obligations of the Employee (Sample employment contract 2017)
2.1. The employee has the right to:
2.1.1. Amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.
2.1.2. Providing work stipulated by this employment contract, as well as a workplace that meets state regulatory labor protection requirements.
2.1.3. Complete reliable information about working conditions and labor protection requirements in the workplace.
2.1.4. Providing the workplace with equipment, tools, technical documentation and other means necessary for the performance of work duties.
2.1.5. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.
2.1.6. Rest , that is, compliance with daily working hours, provision of breaks for rest and meals, weekly days off, paid annual leave in accordance with this employment contract and the labor legislation of the Russian Federation.
2.1.7. Mandatory state social insurance in the manner and under the conditions established by the current legislation of the Russian Federation for the period of validity of this employment contract.
2.1.8. Exercise of other rights provided for by the labor legislation of the Russian Federation, Internal Labor Regulations and other local regulations.
2.2. The employee is obliged to: (Sample employment contract 2017)
2.2.1. Conscientiously perform the labor function corresponding to the position of HR manager, enshrined in the job description (Appendix N__), which is an integral part of this employment contract.
2.2.2. When performing a labor function, act in accordance with the legislation of the Russian Federation, Internal Labor Regulations, other local regulations, and the terms of this employment contract.
2.2.3. Comply with the Internal Labor Regulations, other local regulations, including orders (instructions) of the Employer, instructions, rules, etc.
2.2.4. Not to disclose confidential (commercial, technical, personal) information that became known to him in the process of performing his labor function.
2.2.5. Comply with labor protection , safety, fire safety and industrial sanitation requirements. If a situation arises that poses a threat to the life and health of people, or the safety of property, immediately report the incident to the Employer or immediate supervisor. If there is no threat to the life and health of the Employee, take measures to eliminate the causes and conditions that impede the normal performance of work.
2.2.6. Treat with care the property of the Employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees and, if necessary, take measures to prevent damage to property.
2.3. Failure to include in the employment contract any of the rights and (or) obligations of the employee established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Rights and obligations of the Employer (Sample employment contract 2017)
3.1. The employer has the right:
3.1.1. Change and terminate the employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.
3.1.2. Demand that the Employee fulfill his job duties and take care of the property of the Employer and other employees, comply with the Internal Labor Regulations and other local regulations, labor discipline, safety regulations, industrial sanitation and fire protection.
3.1.3. Encourage an employee for conscientious, effective work in the manner and under the conditions established by the Regulations on Remuneration (approved by Order No. 2 of January 28, 2011) and other local regulations of the Employer.
3.1.4. Provide voluntary medical insurance to the Employee in accordance with the Policy on Social Benefits for Employees (approved by Order No. 7 of January 20, 2014).
3.1.5. Monitor the Employee’s fulfillment of labor duties, compliance with labor discipline, safety regulations, industrial sanitation and fire protection, internal labor regulations and other local regulations.
3.1.6. Bring the Employee to disciplinary and financial liability for failure to perform or poor performance of the Employee’s labor duties in the manner established by the Labor Code of the Russian Federation and other federal laws.
3.1.7. Exercise other rights provided for by the labor legislation of the Russian Federation, Internal Labor Regulations and other local regulations.
3.2. The employer is obliged to: (Sample employment contract 2017)
3.2.1. Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of agreements and this employment contract.
3.2.2. Provide the Employee with work in accordance with the terms of this employment contract.
3.2.3. Ensure safe working conditions in accordance with labor protection requirements.
3.2.4. Provide the Employee with a properly equipped workplace, provide him with equipment, tools, technical documentation and other means necessary to perform his job duties.
3.2.5. Keep records of working hours actually worked by the Employee.
3.2.6. Provide the Employee with timely and full payment of wages in accordance with his qualifications, complexity of work and quality of work performed.
3.2.7. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity.
3.2.8. Carry out compulsory social insurance of the Employee in the manner established by the current legislation of the Russian Federation.
3.2.9. Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.
3.2.10. Maintain a work record book for the Employee in accordance with the legislation of the Russian Federation.
3.2.11. Perform other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law standards, agreements, local regulations and this employment contract.
Working time and rest time (Sample employment contract 2017)
4.1. The employee is assigned a normal working time of __ hours per week.
4.2. The employee has the following working hours:
- five-day work week with two days off (Saturday and Sunday);
- Duration of daily work - __ hours;
- start of work - __:__, end of work - __:__;
- break for rest and food - __ hour (from __:__ to __:__).
4.2.1. The Employer has the right to engage the Employee to work on weekends and non-working holidays , as well as overtime work in the manner and under the conditions established by labor legislation.
4.3. The employee is granted annual paid leave of __ calendar days.
4.3.1. The right to use vacation for the first year of work arises for the Employee after six months of continuous work with this Employer. By agreement of the Parties, as well as in cases established by law, paid leave may be granted to the Employee before the expiration of six months.
4.3.2. Vacation for the second and subsequent years of work may be granted to the Employee at any time of the working year in accordance with the vacation schedule.
4.3.3. If the Employee wishes to take annual paid leave in a period other than that provided for in the vacation schedule, he must notify the Employer in writing about this no later than 2 weeks before the intended vacation. Changes in the terms of granting leave in this case are made by agreement of the Parties.
4.3.4. By agreement of the Parties, annual paid leave may be provided to the Employee in installments . In this case, at least one part of the vacation must be at least 14 calendar days.
4.4. For family reasons and other valid reasons, the Employer may, upon his/her application, grant leave without pay.
4.4.1. In cases provided for by law, the Employer is obliged to provide the Employee with leave without pay.
Termination
Termination of a working relationship is permitted at the initiative of the employee (at his own request) and at the initiative of the employer.
Termination at the initiative of the employee occurs when writing a letter of resignation. Usually, in this case, no difficulties arise, unlike the termination of a working relationship at the initiative of the employer. Termination by the employer is permitted before the end of the probationary period with three days' notice in writing. If the probationary period is completed successfully, then termination of the work contract is permissible only in the following cases:
- liquidation of the enterprise;
- staff reduction;
- repeated failure by an employee to fulfill his duties, repeated appearance at the workplace in a state of alcohol, drugs or other intoxication;
- committing theft, embezzlement, intentional causing of material damage;
- other cases specified in Art. 81 Labor Code of the Russian Federation.
Terms of remuneration (Sample employment contract 2017)
5.1. The Employee’s salary in accordance with the Employer’s current remuneration system consists of the official salary.
5.2. For performing a job function, the Employee is given a salary in the amount of _________ (write the amount in words) rubles per month.
5.3. The employee may be paid a bonus in the amount of up to ___ percent of the salary, subject to the conditions and procedure established by the Regulations on Remuneration (approved by Order dated January 28, 2011 No. 2).
5.4. Wages are paid to the Employee at least every half month (___ the day of the current month - for the first half of the month and ____ the day of the month following the month worked - the final payment for the month worked). If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts.
5.5. Payment of wages is made in the currency of the Russian Federation in non-cash form by transferring it to the Employee’s bank account specified by him for this purpose. The application with bank account details is submitted by the Employee to the Employer’s accounting department.
Responsibility of the Parties (Sample employment contract 2017)
6.1. The parties are responsible for non-fulfillment or improper fulfillment of their duties and obligations established by law, Internal Labor Regulations, other local regulations of the Employer and this employment contract.
6.2. For non-fulfillment or improper fulfillment by the Employee, through his fault, of the labor duties assigned to him, disciplinary sanctions may be applied to the Employee, provided for in Art. 192 Labor Code of the Russian Federation.
6.3. The parties may be held liable for material and other types of legal liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws.
6.3.1. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation in the following cases:
- illegal deprivation of the Employee's opportunity to work;
- causing damage to the Employee's property;
- delays in payment of wages to the Employee;
- causing moral harm to the Employee;
- other cases provided for by the legislation of the Russian Federation.
6.3.2. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties.
Amendment and termination of an employment contract (Sample employment contract 2017)
7.1. Changes to the terms of the employment contract determined by the parties are permitted only by agreement of the Parties, which is formalized by an additional agreement, which is an integral part of this employment contract.
7.1.1. Changes and additions to the terms of this employment contract can be made by agreement of the Parties when changing the legislation of the Russian Federation, the collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation.
7.2. This employment contract can be terminated only on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.
7.2.1. Guarantees and compensation related to termination of an employment contract are provided to the Employee in accordance with the norms of the Labor Code of the Russian Federation and other federal laws.
Introductory information
The form of a standard employment contract was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. From 2021, employers (organizations and individual entrepreneurs) related to micro-enterprises have the right to fully or partially refuse to adopt local regulations containing labor law norms, in particular:
- Labor regulations;
- Regulations on wages;
- Regulations on bonuses;
- shift schedule;
- other local labor regulations.
Instead, from 2021, working conditions can be stipulated directly in employment contracts concluded with employees on the basis of a standard form. This is provided for in Article 309.2 of the Labor Code of the Russian Federation, which comes into force on January 1, 2021.
However, many do not quite understand what kind of employment contracts to enter into according to the standard form starting from 2021. For this purpose, we have prepared a sample of a standard employment contract.
Final provisions (Sample employment contract 2017)
8.1. Disputes or disagreements between the Parties that arise during the implementation of the terms of this agreement shall be resolved through direct negotiations between the Employee and the Employer.
8.1.1. If an agreement between the Parties has not been reached, then the dispute must be resolved in the manner established by the legislation of the Russian Federation.
8.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation.
8.3. The terms of this agreement are not subject to disclosure or publication in the press.
8.4. This agreement has been drawn up in two copies having equal legal force, one of which is kept by the Employer, and the other by the Employee.
Before signing this employment contract, the Employee is familiar with the following local regulations: (must indicate which ones)
Design nuances
The document is prepared by personnel department employees in two copies at once, one of
which are transferred for storage to the archives of the organization or enterprise, and the second is given to the employee.
The document is signed by the employee himself, as well as by the employer or an authorized representative who has the appropriate authority (for example, a director hired by the owner).
It is allowed to fill out the document on a computer or write it by hand by an employee of the HR department.
