Model employment contract: who, why and when can conclude it

From the article you will learn:

Government Decree No. 858 of August 27, 2021 approved a standard form of employment contract for microenterprises. By drawing up a template labor agreement with employees, microbusiness entities have the right not to adopt other local regulations on labor issues. In July 2020, the template underwent some changes.

In the article, we will consider who has the right to switch to simplified personnel records, what sections are included in the universal agreement, and whether the wording in it can be changed.

Waiver of regulations since 2017

Starting from 2021, employers (organizations and individual entrepreneurs) belonging to micro-enterprises have the right to fully or partially refuse to adopt local regulations containing labor law standards. 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.

For more information about this, see “Local regulations from 2021: changes to the Labor Code of the Russian Federation.”

Microenterprises include organizations or individual entrepreneurs that meet the following criteria:

You can check whether, as of January 1, 2021, an organization or individual entrepreneur belongs to a microenterprise through the “Unified Register of Small and Medium-Sized Enterprises,” opened since August 2021 on the Federal Tax Service website at https://rmsp.nalog.ru/. You will need to enter the details of the company or individual entrepreneur and note that you are looking for yourself among micro-enterprises.

If you are on the register, then from 2021 you can switch to concluding employment contracts with employees on the basis of a standard form and refuse to adopt local regulations containing labor law standards.

Also see “Register of Small Entrepreneurs”.

Composition of a standard form of an employment contract

The form of a standard employment contract consists of a preamble (that is, an introductory part) and 11 sections:

The form of a standard contract already includes all the mandatory information and conditions that must be stipulated in the contract according to the rules of Chapters 10 and 11 of the Labor Code of the Russian Federation.
In particular, the standard form contains wording regarding information about salary, position, place of work, working hours, etc. Also, the standard form of the contract includes various wording regarding special working conditions, for example, remote and home workers who are not used in other cases. In other words, the form of a standard contract is, in fact, a universal contract “for all occasions”. In it, employers can find formulations for a variety of situations. And thanks to this, the standard form of an employment contract will help the manager enter into contracts with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee. This conclusion was made on the website of the Government of the Russian Federation. https://government.ru/docs/24339/

But which local regulations can we refuse to adopt starting from 2021? All employers who wish to switch to standard contracts will certainly face this question. Let's look at this in more detail.

What personnel documents can you refuse?

Let us give examples of some personnel documents, which since 2017 can be fully or partially replaced by employment contracts concluded on the basis of a standard form.

Regulations on remuneration and bonuses

The regulation on wages is an internal normative act that defines the size, grounds, procedure and conditions for assigning payments for labor, taking into account state guarantees to employees and the employer’s own financial capabilities. This document often stipulates the conditions for paying bonuses to employees.

See “Terms for payment of bonuses under the new wage law: what has changed.”

However, the “Regulations on remuneration and bonuses” can be completely (or partially) replaced with the wording from section 4 of the standard form “Employee remuneration”. So, for example, in employment contracts concluded on the basis of a standard form, it will be necessary to specify wages (official salary or piece rates) and indicate the exact dates of its payment.

Also see “Salary and advance in 2021: how many days between payments.”

Tables are also provided to describe compensation and incentive payments:

You can also use standard formulations about the procedure for paying wages (through a cash register or through a bank), about the indexation of earnings, etc.

Internal labor regulations

Labor regulations may regulate, in particular, the time of work and rest (Part 4 of Article 189 of the Labor Code of the Russian Federation). However, these rules can be replaced by the language from section 5 of the standard contract form. Here is an excerpt from this section.

Regulations on irregular working hours

This document usually contains a list of workers with irregular working hours, if such a regime is established for them (101 Labor Code of the Russian Federation). A similar local act may not be applied from 2021 if the wording from clause 19 of the standard form is included in the employment contract.

Rules and instructions on labor protection

These documents are developed and approved in accordance with paragraph 23 of part 2 of article 212 of the Labor Code of the Russian Federation. The form of a standard employment contract contains section 6 “Occupational Safety and Health”. It contains language, for example, about the class of working conditions in the workplace, initial training, and the provision of personal protective equipment. In this part, you can switch to a standard contract.

However, rules and instructions on labor protection are usually much more informative. Therefore, most likely, not all employers will be able to completely abandon them.

Job Descriptions

The obligation to draw up job descriptions is established only for government agencies (Article 47 of the Federal Law of July 27, 2004 No. 79-FZ). Therefore, it is impossible to fine an ordinary employer for lack of instructions (letter of Rostrud dated 08/09/2007 No. 3042-6-0). However, many employers draw up job descriptions because their availability allows, for example:

• justify the dismissal of an employee due to inadequacy of the position;
• distribute responsibilities evenly between similar positions;
• prove in court the legality of imposing a disciplinary sanction on an employee;
• conduct personnel certification, etc.

The job description, in itself, is not a local regulatory act. In practice, job descriptions are quite often drawn up simply as an appendix to an employment contract or as an independent document (Rostrud letter No. 4412-6 dated October 31, 2007).

At the same time, the form of a standard employment contract allows that the employee’s labor (job) responsibilities can be established:

• or directly in the employment contract;
• or in the job description.

It turns out that the form of a standard employment contract allows the employer to decide what is more convenient for him to do. Either continue to approve job descriptions separately or specify all the functionality of employees in the employment contract.

Shift schedule

Shift schedules are drawn up based on the established norm of working time for the accounting period for a specific category of workers and contain information about the duration of working time during a shift, rest breaks between shifts and the order of their rotation. All this information, in principle, can be reflected in employment contracts. The necessary formulations for this are in a standard form:

Decree of the Government of the Russian Federation of August 27, 2021 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”

In accordance with Article 309.2 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.
2. The Ministry of Labor and Social Protection of the Russian Federation must provide explanations on the use of the standard form approved by this resolution.
3. This resolution comes into force on the date of entry into force of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises.”

Chairman of the Government of the Russian Federation D. Medvedev

STANDARD FORM

an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises

APPROVED by Decree of the Government of the Russian Federation of August 27, 2021 N 858

___________________________ “___” ______________ ____ city (place of imprisonment (locality) (date of imprisonment)

___________________________________________________, (full name of the employer) hereinafter referred to as the employer, represented by _______________________________________________________, (information about the employer’s representative - last name, first name, patronymic, position of the person authorized to represent the employer in labor relations) acting on the basis of _________________________________________________, (the basis on which the representative the employer is endowed with the appropriate powers - constituent documents of a legal entity indicating the date of their approval, a local regulatory act (if any), a power of attorney indicating by whom and when issued, other) on the one hand, and _____________________________________________, (last name, first name, patronymic of the employee) referred to in hereinafter the employee, on the other hand, hereinafter referred to as the Parties, guided by the Labor Code of the Russian Federation (hereinafter referred to as the Code), federal laws and other regulatory legal acts containing labor law standards, have concluded this employment agreement as follows.

I. General provisions

1. The employer provides the employee with work: _____________ (name of position, profession or specialty indicating qualifications), and the employee undertakes to personally perform the specified work in accordance with the terms of this employment contract. 2. An employee is hired: ____________. (the place of work is indicated, and if the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, the place of work indicating the separate structural unit and its location) 3. Additional conditions (filled in if necessary )___________. (indication of the location of the workplace, name of the structural unit, site, laboratory, workshop, etc.) 4. Labor (job) responsibilities are established by (specify as necessary) _________. (in this employment contract (subclause “a” of clause 11) / in the job description) 5. The employee starts work with “__” ___________. 6. A (required)______________ is concluded with the employee. (employment contract for an indefinite period / fixed-term employment contract) In the case of concluding a fixed-term employment contract: the duration of the employment contract is ____________________; (duration, expiration date of the employment contract) circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with Article 59 of the Code or other federal law (specify as necessary) ___________. 7. The employee ____________ test. (set / not set) The test period is set to _______________ months (weeks, days). (to be filled in when establishing a test) 8. This employment contract is an agreement _________________ (indicate as required). (for main job / part-time) 9. The employee ___________ the special nature of the work (has / does not have) (specify if necessary) __________. (traveling, on the road, mobile, remote, home-based, other type of work) 9.1. Conditions of the employment contract related to the specifics of performing remote work (to be filled out in the employment contract with the remote worker): 9.1.1 The work specified in paragraph 1 of this employment contract is carried out: a) through the exchange of electronic documents _______________; (yes / no) b) using _______________; (enhanced qualified electronic digital signature (EDS) / no EDS is used) c) using (listed if necessary)_______________________ (equipment, software and hardware, information security tools, other means ______________; (provided by the employer (procedure and terms of provision) / owned by the employee / rented by the employee) d) using (specify as necessary) _____________; (information and telecommunications network “Internet”, other public information and telecommunications network, other) 9.1.2. For the use of equipment owned or leased by the employee, software and hardware, the Internet, and other means specified in subparagraphs “c” and “d” of paragraph 9.1.1, he is paid compensation _________________, (amount, procedure and terms of payment) other expenses related to remote work are reimbursed ___________________. (reimbursement procedure) 9.1.3. The employee submits reports (information) to the employer about the work performed ________. (order of presentation, deadlines, frequency) 9.1.4. The deadline for confirmation of receipt of an electronic document from the other party is _________________. 9.1.5. Regime of working hours and rest time (must be specified) ______________ (duration of working hours per week, start and end of work, __________________ time of breaks in work, days off, time of interaction with the employer) _____________. (the employee plans the working hours and rest time at his own discretion) 9.1.6. Insurance certificate of compulsory pension insurance (must be specified) __________. (issued by the employer / employee entering work for the first time, receives independently) 9.1.7. The employer is obliged to familiarize the employee with labor safety requirements when working with equipment and tools recommended or provided by the employer (if equipment and tools are provided or recommended). 9.1.8. Information about remote work in the work book of a remote worker ______________. (included / not included) 9.1.9. When concluding an employment contract for the first time, the employer’s work book ____________. (issued / not issued) 9.1.10. Upon reaching an agreement to make an entry in the work book, the employee provides the work book to the employer _____________. (in person / sends it by registered mail with notification) 9.1.11. Additional conditions (to be filled in if necessary) _______. 9.2. Conditions of the employment contract related to the specifics of performing home-based work (to be filled out in the employment contract concluded with the home worker): 9.2.1. The work specified in paragraph 1 of this employment contract is carried out from materials and using tools and mechanisms or other means (specify) _________________. (allocated by the employer / purchased by the employee at his own expense / other) 9.2.2. For the homeworker’s use of his tools and mechanisms, he is paid compensation for their wear and tear, as well as other expenses associated with performing work at home (specify as necessary): ____________. (procedure, amount and terms of compensation, reimbursement of expenses) 9.2.3. The procedure and timing for providing the homeworker with raw materials, supplies and semi-finished products (specify if necessary) ____________________. 9.2.4. The procedure and timing for the transfer of work results (removal of finished products) (specify if necessary) ______. 9.2.5. Payment for manufactured products, other payments (specify as necessary) _____________. 9.2.6. Working hours (specify as required) _____________. (duration of working hours per week, start and end of work, time of breaks in work, days off, time of interaction with the employer) 9.2.7. Additional conditions (to be filled in if necessary) ___________.

II. Rights and responsibilities of an employee

10. The employee has the right to: a) provision of work stipulated by this employment contract; b) a workplace that meets state regulatory requirements for labor protection; c) timely and full payment of wages, the amount and conditions for receipt of which are determined by this employment contract, taking into account qualifications, complexity of work, quantity and quality of work performed; d) complete reliable information about working conditions and labor protection requirements in the workplace; e) compulsory social insurance in cases provided for by federal laws; f) conducting collective negotiations and concluding a collective agreement, agreements, as well as information on the implementation of a collective agreement (if concluded), agreements (if concluded); g) amendment and termination of this employment contract in the manner and on the terms established by the Code and other federal laws; h) protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law; i) compensation for damage caused to him in connection with the performance of labor duties and compensation for moral damage in the manner established by the Code and other federal laws; j) association, including the right to create trade unions and join them, to protect their labor rights, freedoms and legitimate interests; k) rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave in accordance with labor legislation and other regulatory legal acts containing labor law norms, labor agreement; l) training and additional professional education in the manner established by the Code and other federal laws; m) pre-trial settlement of disagreements regarding the implementation of the terms of this employment contract, a collective agreement (if concluded), an agreement (if accepted) with the participation of a trade union or other employee representative; o) protection of your personal data in accordance with the requirements of the legislation of the Russian Federation; n) other rights established by labor legislation and other regulatory legal acts containing labor law norms, local regulations (if adopted), as well as arising from the terms of a collective agreement (if concluded), agreements (if concluded); p) other rights established by this employment contract (filled in if necessary) __________. 11. The employee is obliged: a) to perform labor (official) duties in the position (profession or specialty) specified in paragraph 1 of this employment contract:________________________; (specify labor (official) responsibilities if they are established by this employment contract) b) comply with the working hours and rest hours established by this employment contract, local regulations (if adopted), collective agreement (if concluded), agreements (in case of imprisonment); c) observe labor discipline; d) comply with labor protection and occupational safety requirements; e) undergo mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as undergo extraordinary medical examinations at the direction of the employer in cases provided for by the Code; f) treat the employer’s property with care (including the property of third parties located at the employer, if the employer is responsible for the safety of this property); g) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property); h) fulfill other duties established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted); i) perform other duties established by this employment contract (filled in if necessary) __________________.

III. Rights and obligations of the employer

12. The employer has the right: a) to change and terminate this employment contract in the manner and on the terms established by the Code, other federal laws, and this employment contract; b) require the employee to fulfill his job duties and take care of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property), compliance with internal labor regulations (if accepted); c) reward the employee for conscientious, effective work; d) bring the employee to disciplinary and financial liability in the manner established by the Code and other federal laws; e) to other rights established by labor legislation and other regulatory legal acts containing labor law norms, this employment contract, local regulations (if adopted), as well as those arising from the terms of a collective agreement (if concluded), agreements (if conclusions). 13. The employer is obliged to: a) provide the work provided for in this employment contract; b) ensure safety and working conditions that comply with state regulatory requirements for labor protection; c) provide the employee with equipment, tools, technical documentation and other means necessary to perform his job duties (list if necessary)___________________; d) provide, at their own expense, personal protective equipment, special footwear and other protective equipment, other means (list if necessary) _________________; e) organize (if necessary) mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as send for extraordinary medical examinations in cases provided for by the Code, at their own expense; f) maintain the employee’s average earnings for the duration of the mandatory medical examinations (examinations) specified in subparagraph “d” of this paragraph in accordance with the Code; g) compensate for damage caused to the employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and on the terms established by the Code, other federal laws and other regulatory legal acts of the Russian Federation; h) train the employee in safe methods and techniques for performing work and providing first aid to victims at work, provide instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements; i) keep records of working hours actually worked by the employee, including overtime work and work on weekends and non-working holidays; j) pay the full amount of wages due to the employee in the manner and within the time limits established by this employment contract, as well as ensure an increase in the level of real wages; k) notify in writing about the components of the wages due to the employee for the relevant period, about the amounts of other amounts accrued to the employee, about the amounts and grounds for deductions made, about the total amount of money to be paid; m) process and ensure the protection of the employee’s personal data in accordance with the legislation of the Russian Federation; m) fulfill other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations ( if accepted); o) perform other duties (filled in if necessary)_____________________.

IV. Employee remuneration

14. The employee’s salary is set: a) ________________ (official salary /___________________________; piecework wages (specify rates) or other remuneration) b) compensation payments (additional payments and allowances of a compensatory nature) (if any):

(indicate, if available, information about all additional payments and allowances of a compensatory nature, including for performing work with harmful and (or) dangerous working conditions, for work in areas with special climatic conditions, for work at night, for overtime work, other payments );

c) incentive payments (additional payments and bonuses of an incentive nature, bonuses and other incentive payments) (if any):

(indicate information about all incentive payments in accordance with the current employer’s remuneration systems (additional payments, incentive bonuses, incentive payments, including bonuses, remuneration based on the results of the year, for length of service, other payments);

d) other payments (filled in if necessary): __________________. 15. The procedure for increasing the level of real wages is established (as required): a) by this employment contract ________________________. (increase in official salary (tariff rate), size ______________________; remuneration for work results or another method) b) collective agreement, agreement (if concluded), local regulation (if adopted) (specify as necessary). 16. Wages are paid _______________________ (at the place of work / transferred to a credit institution - ___________________________. details: name, correspondent account, TIN, BIC, beneficiary account) 17. Payment of wages to an employee is made ____________ once a month (but not less than every half a month) on the following days: ___________________________________. (indicate specific days of salary payment)

V. Working time and rest time of the employee

18. The employee is provided with the following working hours: a) length of the working week _________________________ (five days with two days off, ___________________________; six days with one day off, working week with days off on a staggered schedule, reduced working hours, part-time work week) b) duration of daily work (shift) ______________ hours; c) start time of work (shift) ___________________________________; d) end time of work (shift) ________________________________; e) time of breaks in work _____________________________________. (for rest and food, technological, other breaks) 19. The employee is provided with the following features of the work schedule (filled in if necessary) ______________________________ (irregular working hours, ___________________________________. shift work mode indicating the beginning and end of work shifts, summarized recording of working time with the accounting period (indicate the duration of the accounting period) 20. The employee is granted annual basic paid leave with a duration of ___________ calendar days 21. The employee is provided with annual additional paid leave (to be filled in if there are grounds): for work with harmful and (or) dangerous working conditions with a duration of ___________ calendar days ; for work in the regions of the Far North and equivalent areas (or other areas where a regional coefficient and percentage increase in wages are established) lasting ____________ calendar days; for irregular working hours lasting __________________ calendar days; other types of additional paid leave (specify if necessary) __________________________. (in accordance with the legislation of the Russian Federation or an employment contract) 22. Annual paid leave is provided to the employee annually (taking into account the guarantees for certain categories of employees provided for by the Code and other federal laws) in accordance with _________________________. (vacation schedule for the corresponding year / written agreement between the parties)

VI. Occupational Safety and Health

23. The following working conditions are established at the employee’s workplace: ___________________________________. (indicate, if necessary, the class (subclass) of working conditions at the workplace, the number of the card for special assessment of working conditions) 24. Initial briefing with the employee _______________________ (carried out / not carried out, _____________________________ since the work is not related to maintenance, testing, adjustment ____________________________. and repair equipment, use of tools, storage and use of raw materials and materials)

25. The employee (must be specified) _________________ (passes / does not pass _____________ preliminary (upon entry to work) and periodic mandatory medical examinations, mandatory psychiatric examination, mandatory medical examinations at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift)

26. Personal protective equipment for the employee _______________________. (not provided / provided in accordance with standard standards, list)

VII. Social insurance and other guarantees

27. The employee is subject to compulsory pension insurance, compulsory medical insurance, compulsory social insurance in case of temporary disability and in connection with maternity, compulsory social insurance against industrial accidents and occupational diseases in accordance with federal laws. 28. Additional guarantees (to be filled in if available): _______________________________ (compensation for expenses for moving from another area, tuition fees, provision or reimbursement of rental housing costs, payment for car rental, etc.) ______________________________. (grounds for providing medical care to a foreign citizen or stateless person temporarily staying in the Russian Federation) 29. Other guarantees provided to the employee ________________________. (to be filled in if available)

VIII. Other terms of the employment contract

30. Grounds for termination of an employment contract, in addition to those provided for by the Code (filled in if necessary for remote workers, homeworkers and workers working for an individual - individual entrepreneur):_____________________. 31. The procedure and conditions for terminating an employment contract on the grounds specified in paragraph 30 of this employment contract (specify if necessary): ______________________________. (warning period, guarantees, compensation, etc.)

IX. Changing the terms of the employment contract

32. Changes in the terms and conditions of this employment contract determined by the Parties and the dates for their entry into force are permitted only by agreement of the Parties, with the exception of cases provided for by the Code. An agreement to change the terms of this employment contract determined by the Parties is concluded in writing.

33. If the employer changes the terms of this employment contract (except for changes in the labor function) for reasons related to changes in organizational or technological working conditions, the employer is obliged to notify the employee in writing within the time limits established by the Code.

X. Responsibility of the Parties to the employment contract

34. For failure to fulfill or violation of the terms of this employment contract, the Parties are responsible in the manner and under the conditions established by labor legislation and regulations containing labor law norms.

XI. Final provisions

35. To the extent not provided for by this employment contract, the employee and the employer are guided directly by labor legislation and regulations containing labor law norms, a collective agreement (if concluded), an agreement (if concluded).

36. This employment contract comes into force on (as required) _______________________. (from the day it is signed by both parties / other period established by the Code, other federal laws, other regulatory legal acts or an employment contract) 37. This employment contract is concluded in two copies, having equal legal force, which are stored: one - with the employee, the other - from the employer. 38. Additional agreements on changing the terms of this employment contract are an integral part of it.

The employee is familiar with:

Introductory training on labor protection has been completed:

Employee signature _________________________________ Date “___” _____________

Signature of the person conducting the briefing ___________________________ Date “___” _____________

Initial training on labor protection in accordance with paragraph 24 of this employment contract was completed: ___________________________________ ___________________________________ (employee signature) (date of familiarization)

Signature of the person conducting the instruction _______________________ Date “___” ______________

I received a copy of the employment contract:

Employee’s signature ___________________________ Date “____” _______________

Notes:

1. Subparagraph “b” of paragraph 10 and subparagraph “h” of paragraph 13 do not apply to remote workers.
2. Clause 18 does not apply to remote workers and homeworkers.
3. Paragraphs 23 - 26 do not apply to remote workers.
4. Clause 27 applies to employees who are foreign citizens with special needs established by federal laws and international treaties of the Russian Federation.
5. For foreign citizens or stateless persons, the following information is indicated:

• on a work permit or patent - when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation;
• on a temporary residence permit in the Russian Federation - when concluding an employment contract with a foreign citizen or stateless person temporarily residing in the Russian Federation;
• on a residence permit - when concluding an employment contract with a foreign citizen or stateless person permanently residing in the Russian Federation;
• details of a voluntary medical insurance agreement (policy) or an agreement concluded by an employer with a medical organization on the provision of paid medical services with a foreign citizen or stateless person temporarily staying in the Russian Federation.

What documents should not be refused?

The commented form of a standard employment contract will not replace some personnel documents. Some documents will still need to be approved and applied. Let's give examples.

Staffing table

The staffing table is used to formalize the structure, staffing and staffing levels (Article 57 of the Labor Code of the Russian Federation). The staffing table is a local regulatory act (paragraph 6 of letter No. PG/4653-6-1 dated May 15, 2014). However, this document does not regulate the labor activities of employees. Therefore, the employer is not obliged to familiarize employees (including when hiring) with the staffing table.

At the same time, by virtue of paragraph 3 of part 2 of Article 57 of the Labor Code of the Russian Federation, the staffing table is a mandatory document. In this regard, an employment contract cannot in any way replace the staffing table. Accordingly, its approval in 2021 should not be abandoned.

Vacation schedule

The vacation schedule is drawn up for each calendar year. It must be prepared two weeks before the onset of this period. That is, for example, the vacation schedule for 2021 must be drawn up no later than December 17, 2021.

See “Make your vacation schedule for 2021 before December 17.”

The purpose of the schedule is to establish the order in which vacations are granted. In this case, the vacation schedule is required to be approved by the employer. This is directly stated in Part 1 of Article 123 of the Labor Code of the Russian Federation. Therefore, the employer does not have the right to refuse to approve and apply this document. Moreover, a reference to the vacation schedule as an independent document is provided for in clause 22 of the standard form of the employment contract. Therefore, it is impossible to refuse to use the vacation schedule.

Other documents

Some other personnel documents cannot be replaced by standard contracts due to the fact that the standard form approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858 simply does not provide suitable wording. Here are examples of such personnel documents.

Transition to standard employment contracts

The legislation does not oblige employers to switch to standard employment contracts. Article 309.2 of the Labor Code of the Russian Federation only allows that organizations and individual entrepreneurs have the right to fully or partially refuse to adopt local acts that they are required to approve.

Employers who have already approved local regulations until 2021 and apply them may not change anything in their work. In particular, you can hire new employees and, as before, introduce them to these local acts (and not pay attention to the standard form of the employment contract).

However, another option is possible: starting from 2021, you can hire new employees and conclude employment contracts with them based on a standard form. And then you may not apply (in whole or in part) some local regulations. Existing employees from 2017 can be transferred to standard employment contracts. To do this, additional agreements will need to be concluded with them.

See “Additional agreement to the employment contract: samples.”

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Related publications

An employment contract is the main legal document regulating the relationship between an employee and an employer. The document has legal force; the provisions specified in it must be strictly observed by both parties to the labor relationship. A properly drafted employment agreement will help protect the interests of the employer without infringing on the interests of the hired personnel. The document must be drawn up in writing in two copies.

Many employers are interested in the question: has the standard form of an employment contract been approved in 2021? Or can it still be composed in free form? The answers to these and other questions are in our material.

Is it possible to change the wording

The form of a standard agreement, approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858, is quite large and, as we have already said, includes various options for filling out individual paragraphs. Is it necessary for an employer to save the entire text of a standard contract? Or is it possible to take from the approved form only the wording necessary for a specific situation?

In our opinion, the form of a standard employment contract has been approved, among other things, so that only the necessary wording can be taken from it. And if the working conditions are not connected in any way, for example, with remote work, then words about remote work may not be included in the employment contract.

Is it possible to correct the approved wording? So, for example, paragraph 17 of the approved contract form states that “Payment of wages to an employee is made _____ once a month (but not less than every half month) on the following days (specify specific days of wage payment).” Is it possible to reformulate this condition in other words? In our opinion, if an employer decides to abandon the approval and application of local regulations and switch to concluding standard employment contracts, then the approved wording should not be changed. After all, it is the use of the approved form of a standard employment contract that gives the right to refuse local regulations. This is stated in Article 309.2 of the Labor Code of the Russian Federation. If you start changing the wording, it is not clear what the “use of the standard form” will be.

However, it is worth noting that there are no official clarifications on the procedure for concluding employment contracts based on the standard form. The Ministry of Labor of Russia has the right to give such explanations (clause 2 of the Decree of the Government of the Russian Federation dated August 27, 2016 No. 858).

Fines

Responsibility for improper execution of an employment contract is provided for in Part 1. 4, 5 tbsp. 5.27 of the Code of Administrative Offenses of the Russian Federation - a fine for individual entrepreneurs from 5 to 10 thousand rubles, for legal entities - from 50 to 100 thousand rubles; for a repeated violation of the same type - for entrepreneurs from 30 to 40 thousand rubles, for organizations - from 100 to 200 thousand rubles.

If the status of a micro-enterprise was lost by a company for some reason (for example, staff expanded, profits increased), then, according to Part 2 of Art. 309.1 of the Labor Code of the Russian Federation, she has 4 months to develop and adopt all local regulations governing labor relations.

You can download the form of a standard labor agreement for microenterprises and individual entrepreneurs from the Rostrud website.