Sample of a standard employment contract with an employee 2021 (download form)

Document year: 2018

Document group: Contracts, Employment contracts

Type of document: Agreement

Download formats: DOC, PDF

The definition of an employment contract, which is available in Word for free on this page, is described in Article 56 of the Labor Code of the Russian Federation. In fact, this is a written agreement (agreement) on the mutual rights and obligations of an employee with an employer organization (with an individual entrepreneur, with a ZAT, with an LLC, etc.) in the process of joint activities for a certain period. According to this document, one party (the employee) undertakes to perform certain functions for an agreed payment, observing the established rules. And the other party (the employer) must promptly pay for the work performed, ensuring both the work stipulated by the contract and working conditions that comply with current legislation.

Standard form of a sample employment contract

A typical employment contract is in writing and must be followed.
This means that when an employee just begins to perform his job duties, the employer is required to formalize relations with him in writing. The contract can be considered concluded not from the date of its actual signing, but from the day on which the employee began his work duties. The standard form of an employment contract is not only a sample of the document, but also a number of mandatory conditions regarding the content. The latest changes to the article of the Labor Code on the content of an employment contract (Article 57) were made in 2013, therefore, when developing a document, it is permissible to use samples of employment contracts drawn up later than this date.

The sample employment contract must contain the following information:

• about the employee’s place of work;
• labor function of the employee in the organization;
• duration of the contract or start date of work;
• regulations on wages;
• characteristics of work in the workplace;
• social insurance of workers;
• working and rest hours, nature of work, if these conditions differ from the general rules established in the organization;
• guarantees and compensation provided for harmful working conditions.

How a standard 2020 employment contract is drawn up will be discussed below.

Types of employment contracts (fixed-term and unlimited-term)

From the subtitle it becomes clear that the agreement between the parties can be concluded on an indefinite basis or for a certain time. In the first case, the document will have legal force until the employee decides to change his place of employment at his own request or gives his superiors a legal reason to fire him. The second type is for a strictly established period during which the employee will provide his services to the employer. In fact, this is a contract between the parties, and it can subsequently be renewed again for a pre-agreed period.

A sample fixed-term employment contract is drawn up in cases where it is not possible for the employer to offer the employee the first option. An example would be seasonal work, completing a project order within a specific time frame, or where an employer is seeking a temporary replacement for an existing subordinate who is currently unable to perform his or her duties.

Where is the completed copy of the agreement stored?

The employment contract form is usually filled out by HR employees, and the employee only has to sign, thereby confirming his familiarity with the sample standard employment contract and agreement with its terms. If the company accepts that the document is filled out by the employee himself, then the HR department will need a sample of filling out the employment contract.

The document is drawn up and signed in two copies (one copy for each party). The completed employment contract form is given to the HR employee, who, in turn, submits it to the head of the organization for signature (if this has not already been done).

After the signing procedure, one copy is kept by the employer, the other is given to the employee. Evasion from signing a contract by the employer or failure to provide a copy to an employee is an offense for which the manager bears responsibility under labor legislation.

The legislative framework

An employment contract must be drawn up only in writing. It is signed between 2 parties:

1. An employer on whose behalf a director or other authorized person acts. It can be a company, individual entrepreneur or even an individual.
2. An employee (employee) who is obliged to act only personally. This can only be an individual – either an adult or a minor citizen or a foreign resident.

The essence of this agreement is that:

• the company must provide the citizen with work, create acceptable working conditions, and pay wages on time and in full;
• the employee must perform the work conscientiously, as well as comply with established labor discipline and other standards adopted by the company.

The law determines the general nature of this agreement, as well as the information that must be contained there. It is mandatory to indicate the details of the parties, as well as the nature, conditions, place of work and other information. As additional information, which is optionally indicated, you can include sections about the test, types of additional insurance for the employee, non-disclosure of certain information, etc.

The agreement must be drawn up in 2 identical copies: one is kept in the company, the other is given to the employee. It must be drawn up and signed on the first day of work, before performing professional duties. In this case, it is allowed to “conclude” an agreement in words, i.e. orally, but in any case, a written text must be drawn up and signed within 3 working days after the actual start of performance of duties.

Expert opinion

Chadova Svetlana

Leading HR specialist, lawyer, labor law consultant, website expert

Previously, we provided a sample of a well-drafted GPC agreement with an employee, you can read it here.

If for some time the parties collaborated without this document, but subsequently, when going to court, their relationship was recognized as labor, they will be required to draw up and sign an agreement also within 3 working days from the date of entry into force of the relevant court decision.

Download for free and fill out the employment contract form

The sample for filling out an employment contract with an employee in 2021 is no different from the samples from previous years, since there have been no changes in legislation on this issue. And it’s not difficult to download free forms of employment contracts for 2019-2020: they are available in many legal reference systems. We also offer you a completed sample employment contract for 2021, drawn up by our specialists in accordance with all legal requirements.

For example, it is necessary to record the employee’s familiarization with the job description, conduct and register the employee’s completion of induction training at the workplace, labor protection and fire safety standards. Do not also forget that the employee must undergo an internship at the workplace for at least 2 work shifts.

An internship means familiarizing an employee with his direct responsibilities, getting to know the team and bringing him up to speed. 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. An internship means familiarizing an employee with his direct responsibilities, getting to know the team and bringing him up to speed. 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.

In view of periodic changes in legislation in the field of personal data protection, it should also be remembered that a competent sample of filling out an employment contract must necessarily contain information about the employee’s consent to the processing of personal data.

Also, the example of an employment contract taken as a sample must contain an indication of the individual characteristics of the labor relationship with a specific employee. For example, the duration of the contract is indicated (if the employee is hired for a certain period). An indication is provided for performing part-time work internally or externally (if this is not the employee’s main place of work), the possibility of providing additional benefits or payments is indicated (for example, if such work is classified as a profession with harmful or dangerous working conditions or your salary includes yourself and a monthly bonus).

There is no universal employment contract suitable for all positions and working conditions. But there is no need to waste your time searching for or developing an employment contract that fully satisfies your needs. ConsultantPlus has collected all possible options in its selection. Take advantage of a free trial access to K+ to choose a sample agreement that suits you.

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And do not forget that the signed 2nd copy of the completed sample employment contract must be given to the employee, and the 1st remains with the employer. All changes and additions to the employment contract are formalized by additional agreements to the employment contract.

It is also worth noting that the contract can be completed online. That is, many legal portals have developed special programs where you can enter the data of the employee and the employer, and the program itself will formalize them into a standard contract and make it possible to download the employment contract with the employee in a ready-made version. The parties only have to sign.

Forms for downloading:

On our website you can download samples of an employment contract with an employee for 2021, that is, drawn up according to the latest standards:

employment contract

Download the employment contract with the employee

Download the employment contract with the General Director

Download the employment contract with the commercial director

Download the employment contract with the accountant

Download the employment contract for the secretary

Download the employment contract with the sales manager

Download the employment contract with the driver

How to draw up an employment contract with an employee

A sample employment contract can be downloaded for free on almost every legal portal, but do not rush to immediately use it for your own purposes. First, check that the employment contract form includes the items necessary for this type of document. So, a sample employment agreement for an employee should contain the following sections:

1. The preamble of a correctly drawn up sample employment contract must include the names (names) of the parties to the contract, that is, the name of the employing organization and full name. employee.
2. Further, the standard form of an employment contract usually contains an indication of the position, as well as the division of the enterprise in which the employee will work.
3. The next clause of the contract is usually an indication of the rights and obligations of the parties. For the most part, they regulate the relationship between employee and employer. In particular, it stipulates the responsibilities of the employee, which he must perform in accordance with the job description developed in a certain company, enterprise, etc. The employer’s responsibilities include: calculating and paying wages within a certain time frame, providing the employee with what is necessary to perform work equipment, inventory, workwear, compliance with labor laws and others.
4. This is followed by a section of the employment contract, which regulates the work and rest regime, or there may be a reference to internal regulations, and the rate (amount) of remuneration is established.
5. Other terms of the employment contract that do not fall under the mentioned sections.
6. Finally, the signatures of the parties are affixed.

IMPORTANT! From 01/01/2017, micro-enterprises (firms and individual entrepreneurs with up to 15 employees and an annual income of up to 120 million rubles) can use a special form of a standard employment contract, approved by Government Decree No. 858 dated 08/27/2016. The use of this form eliminates the need to develop and adoption of local acts (regulations on wages, etc.).

Additional agreements to the employment contract

If mutually agreed upon by the parties, additional clauses may be included in the contract that do not infringe on the rights of the employee, in accordance with the Labor Code of the Russian Federation, for example:

• non-disclosure agreement of trade secrets;
• opportunity to undergo training and terms of service, if paid for by the employer
• terms of additional insurance
• improving the employee's living conditions
• additional social package.

An employer does not have the right to require an employee to perform duties that are not included in the employment contract.

Differences between employment and civil contracts: comparison table

The parties can sign either an employment contract or a civil one - the so-called GPC (civil law nature). The essence of the relationship between the employee and the company may remain exactly the same, but these agreements have a different legal nature. The most significant differences between the documents are described in the table.

Thus, from the employer’s point of view, it is most advantageous to conclude a GPC agreement, since in this case he is relieved of a number of obligations to pay:

• taxes;
• insurance premiums;
• vacation pay;
• other benefits.

On the other hand, the company does not have many measures to influence a partner who cooperates only on GPC. In addition, the organization will have to prove to the inspection authorities that the involvement of an employee in the civil process does not occur regularly, i.e. the relationship is not labor in nature. Otherwise, there is a high probability of imposing a fine and taking other administrative measures.

As for the employee himself, a significant advantage of working under the GPC for him is more decent wages. As a rule, the cost of the service is assessed at the market price, which is often higher than the “price” of the salary. Based on this difference, a citizen can independently plan his contributions for a future pension and payment for medical services.

Form and rules for drawing up a contract

Thus, the legislation clearly defines the content of the employment contract, but does not impose strict requirements on the very form of this document. Therefore, the company has the right to develop any sample contract, provided that it reflects all the points described. A typical employment contract, a sample of which is used everywhere with little or no additions, contains such sections.

Preamble and subject

At the beginning of the text, you should indicate the date and place of signing (this date is considered the employee’s first working day), as well as the details of the parties:

• a director or other authorized employee acts on behalf of a legal entity who indicates his position and full name, as well as the full (without abbreviations) name of the company;
• in the case of an individual entrepreneur, it is enough to indicate your full name;
• the employee indicates only his full name.

The subject of the agreement is that the company provides the job for which the employee applies. It is enough to indicate the name of the organization, its location, the position of the employee, as well as general information about the work:

• main or part-time;
• urgent or unlimited;
• with or without testing (if available, the test period is indicated).

Rights and responsibilities of an employee

The next rather large and important point describes the rights of the employee, as well as his job responsibilities. First of all, it is important to indicate the rights that are provided for by the Labor Code:

• right to work;
• provision of a workplace that meets normal working conditions;
• timely and full payment of wages;
• reliable and comprehensive information about working conditions;
• professional training and retraining to the extent provided for by the Labor Code and other laws;
• rest, standard work shift duration;
• the opportunity to protect one’s rights in the manner prescribed by law, etc.

It is important to understand that there is no need to list all labor rights under the law. Even if the text of the document does not mention any guarantees, the employee still has the right to demand their provision, since this is provided for by the Labor Code.

As for responsibilities, the most important are:

• conscientious, professional performance of their duties;
• compliance with all norms and rules adopted by the company (usually they are prescribed in the relevant acts);
• compliance with safety requirements and labor protection rules;
• careful handling of company property;
• non-disclosure of commercial, state secrets, and other classified information;
• immediately informing the employer, represented by the director or other authorized employee, about the occurrence of an emergency.

Rights and obligations of the employer

A similar section is provided for the employer. The rights and obligations provided for by the Labor Code, as well as additional rights and obligations, if any, should be indicated.

Work and rest schedule

This section details information about:

• length of the working week;
• duration of shifts (in shift mode);
• duration of paid leave, the possibility of dividing it into parts;
• the possibility of providing additional (unpaid) leave.

Wage

The amount of salary, as well as other payments, if provided, is indicated in numbers and in words. In the same section, you can specify the dates of payment and the method of transfer (to a bank account, card, cash through a cash register).

Other sections

Next, standard provisions on possible changes to the procedure for terminating the agreement, details and signatures of the parties are prescribed. Separately, it is worth recording the fact of transfer of the document to the employee, who must put an additional signature and date.