How to draw up an employment contract: sample, practical recommendations. How to draw up an employment contract? How to conclude an employment contract

The first thing an employee must do after successfully passing an interview and receiving a job offer is to enter into an employment contract. In order to secure your rights and obligations as correctly as possible, it is necessary to correctly draw up an employment contract.

Definition of “Employment contract”, according to the Labor Code of the Russian Federation:

An employment contract is a document that consolidates the relationship between an employee and an employer, according to which the latter undertakes to hire an employee for a certain position, provide appropriate working conditions, pay wages on time and in full, and the former must fulfill all duties assigned to him, in accordance with the position , functions and adhere to the daily routine adopted in this organization.

Procedure for drawing up an employment contract

After the employee and employer have reached a verbal agreement on all issues related to the upcoming position, the process of drawing up an employment contract begins. Conventionally, the employment contract is divided into 3 stages.

Stage 1. Submission of documents

The employee submits to his employer, or rather, submits to the HR department the following documents:

• Passport;
• A document confirming the completion of higher education or a certificate of specialty if the training has not yet been completed;
• Work book;
• Certificate of state pension insurance;
• Military ID;
• Certificate of assignment of TIN;
• Medical insurance policy.

If the person being hired has not yet been officially employed, then the employer must help with the preparation of a work book, tax identification number and insurance certificate.

Those who draw up a contract for part-time work, instead of a work book, need to present a copy of it or a certificate from the place of work, which is the main one.

At this stage, the employer familiarizes the employee in detail with the rules and internal documents related to his upcoming activities at this enterprise. The employee puts his signature, which signals that he has familiarized himself with the documents and is ready to take on the responsibility of fulfilling the above.

Stage 2. Drawing up and signing an employment contract

Let's consider the rules for drawing up an employment contract.

There is no unified form of employment contract, so each organization develops its own contract for employees. But there are general rules for its preparation that every employer must follow in accordance with the Labor Code of the Russian Federation:

1. The employment contract is concluded in two copies in writing. After the parties sign, one copy is given to the employee, and the second remains with the employer.

2. The employment contract must contain the following information:

• representation of the parties,
• Full name of the employee, his qualifications,
• position and nature of the work performed,
• start date of work,
• type of employment contract (fixed-term/indefinite),
• contract for the main place of work/part-time work,
• is the test established and what is its duration,
• rights and obligations of the employer,
• employee rights and obligations,
• characteristics of working conditions,
• features of working hours,
• duration of annual leave,
• the amount of official salary and types of additional payments,
• deadlines for payment of wages,
• type of social insurance,
• signatures of the parties.

3. The conditions specified in the employment contract can be changed in writing by mutual agreement of the parties.

4. At the request of the employer or for individual positions, the terms of non-disclosure of official or commercial secrets are specified in the employment contract.

5. Also, at the request of the employer, a probationary period is established to check the professional suitability of the employee for the position held.

6. Persons over 16 years of age can independently conclude an employment contract. At the age of 15, it is permissible to conclude a contract to perform light labor; from the age of 14, the contract is drawn up with the consent of the guardianship authority or one of the parents.

7. According to the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract without explaining the reason. Such a refusal can be appealed in court.

Stage 3. Beginning of labor relations

The employment contract is considered to come into force from the date of signing, and is also the basis for drawing up an order for employment.

The employee must begin his duties on the date specified in the contract. If such a date is not specified, then the agreement comes into force the next day after signing the agreement.

Now you know how to draw up an employment contract in the best possible way, thanks to this your rights are reliably protected, and your relationship with the employer will be transparent and fruitful.

In Part 3 of Art. 5.27 of the Code of Administrative Offenses there are the following elements of an administrative offense:

1. Evasion of registration of labor relations, namely: an employee is hired to work without drawing up an employment contract. As we remember, when hiring a person, it is necessary to conclude an employment contract in writing in two copies. One remains with the employer, the second is transferred to the employee. The employer’s copy must have two signatures from the employee: that he accepts the terms of the employment contract and that he has received his copy of the document.

2. Improper execution of the employment contract.

The composition of this offense is presented in two options:

• Not all conditions that are required to be included are included in the employment contract.
• The employment contract includes conditions that worsen the employee’s position in comparison with current legislation. For example, sanctions not provided for by the Labor Code of the Russian Federation as disciplinary sanctions, in particular a fine for violation of labor discipline. Or conditions are included that limit the rights of the employee: for example, that he undertakes not to work part-time without the permission of the employer. Such a restriction is contrary to Art. 60.1 Labor Code of the Russian Federation.

Since 2015, for evasion of registration, improper execution of an employment contract or the conclusion of a civil contract that actually regulates labor relations, Part 3 of Art. 5.27 of the Code of Administrative Offenses provides for administrative liability in the form of a fine in the amount of 10 to 20 thousand rubles for officials and from 50 to 100 thousand rubles for legal entities. In case of repeated violations, the sanction of the article provides for liability in the form of a fine of up to 200 thousand rubles.

Mandatory data and terms of the employment contract

To determine the content of an employment contract, two main articles of the Labor Code of the Russian Federation are used: 57 “Content of an employment contract” and 9 “Regulation of labor relations and other directly related relations in a contractual manner.”

If we structure Article 57 of the Labor Code of the Russian Federation, then it can be divided into three blocks.

• Information about the employee, the employer, the date and place of conclusion of the employment contract.
• Required conditions. Their absence is an example of improper execution of an employment contract.
• Additional terms and conditions. The employer includes them in the employment contract at its discretion as necessary.

Particular attention should be paid to the first two blocks.

1. Information about the employer, the date and place of conclusion of the employment contract, and about the employee.

The employment contract must indicate:

• full name of the employing organization (as it appears in the constituent documents);
• an official who acts on behalf of the employer. Only an employee authorized to conclude it can sign an employment contract. The full name of this employee must be indicated in the header of the employment contract.
• the document on the basis of which this official acts: a power of attorney or other legal act.
• employer taxpayer identification number.

The Labor Code of the Russian Federation does not require indicating the address or bank details of the employing organization, but if this data is included in the employment contract, this is not considered a violation of the law.

Information about the employee should include the person's full name and identification document, such as a passport or other document (this could be a military ID or driver's license).

2. Mandatory terms of the employment contract. There are nine of them in total.

1) Start date of work. This is a legally significant condition of the employment contract, because the same date is indicated in the hiring order, entered into the work book, the employee’s timesheet begins from this date, and the length of service and the working year are calculated from this date. However, the dates of starting work and concluding an employment contract may not coincide.

When drawing up a fixed-term employment contract, its duration and the reason for concluding a fixed-term contract must be indicated. In Art. 59 of the Labor Code of the Russian Federation contains more than 20 grounds for concluding a fixed-term employment contract. The employer cannot go beyond this list. And if he does this, then it will be considered that the employment contract was drawn up improperly, and the employee will be able to challenge such a condition of the contract in court.

2) Place of work. Today, legislation does not oblige you to indicate a structural unit in an employment contract. But if a person is hired to work in a branch, representative office, or other separate structural unit located in another locality, then it is necessary to indicate, in addition, the name of the administrative-territorial facility in which the unit is located. It is also necessary to indicate the structural unit in cases where the employee receives some benefits associated with working there,

3) Labor function. This condition must be indicated in the employment contract: the name of the position in accordance with the staffing table, profession, specialty, or specific type of work. Due to the introduction of professional standards for some professions, the name of the labor function may change. For example, if earlier the name of the labor function sounded like “labor safety engineer,” now it is “labor safety specialist.”

On the one hand, the legislator allows that the employer determines for himself the name of the labor function. Moreover, it must be exactly the same as in the staffing table.

But if some benefits, advantages, or restrictions are associated with the title of the position, then the legislator says: the title of the position must comply with qualification reference books or professional standards.

4) Remuneration. To formulate this condition, based on Art. 57 of the Labor Code of the Russian Federation, the requirements are as follows: the employment contract must indicate the amount of the main part of the salary: the amount of the official salary or tariff rate. It is not enough in the employment contract to refer to the staffing table when determining the amount of the official salary or tariff rate; it is necessary to indicate a specific amount in the contract itself.

But as for the above-tariff part of wages, including additional payments, allowances, incentive payments, then, judging by Art. 57 of the Labor Code of the Russian Federation, commercial employer organizations can afford to simply list them, and the specific rules for their calculation (amounts, criteria, amounts) can be determined by local regulations. But if we are talking about state and municipal budgetary institutions in which the so-called effective contract is being introduced today, it must be taken into account that the employment contract itself must specify the employee’s job responsibilities, terms of remuneration, indicators, criteria for assessing the effectiveness of activities for assigning incentive payments in depending on the results of labor and the quality of government and municipal services provided.

Please note that not all mandatory conditions of an employment contract are listed in exhaustive form in Art. 57 Labor Code of the Russian Federation. As can be seen from the Labor Code, other articles and sections also contain references to the employment contract as a mandatory source of information for the employee when determining certain conditions.

For example, Art. 136 of the Labor Code of the Russian Federation states that the day of payment of wages is established by a collective agreement, internal labor regulations, and an employment contract. Since all three sources are listed there, this means that the employment contract must necessarily contain conditions on the days of payment of wages. In the same article. 136 states that salaries are paid at least every half month, and there must be equal intervals between payments. In addition, in its letter dated June 20, 2014, the Federal Service for Labor and Employment clarifies that all three mentioned sources must set specific dates for the payment of wages.

5) Work and rest schedule. This condition should be specified in the employment contract only if the working hours and rest periods differ from the usual ones specified in the internal labor regulations. When a person is hired, he gets acquainted with the PVTR under his signature, which means he agrees with this document. Accordingly, the work and rest schedule may not be specified in the employment contract.

The employer is obliged to indicate in the contract the following features of the employee’s working regime:

6) Compensation and benefits. The employment contract specifies compensation for work in harmful and dangerous working conditions and their characteristics.

As you remember, from January 1, 2014, the rules for determining the amount of compensation have changed. If previously the duration of working hours and additional leave was established centrally, now the Labor Code of the Russian Federation says that it is established by the employer himself. First, the conditions for the amount of compensation are fixed in the collective agreement and in industry agreements. And based on these documents, the amount of compensation is determined in a specific employment contract.

According to the new rules, reduced working hours are granted to those who work in places with a hazard class of 3.3 and higher, and additional leave of at least 7 calendar days - with a hazard class of 3.2. The duration of working hours and the specific number of days of additional leave in the employment contract are stated on the basis of a collective agreement or industry agreement. The amount of additional payment for work in harmful or dangerous working conditions is determined locally, either in a collective agreement or in local regulations.

The law today allows parties to contractually change the rules on compensation for work in harmful and dangerous conditions. For example, Art. 92 of the Labor Code of the Russian Federation says that the employer and employee can agree and instead of a shortened working week (36 hours), the employee will be given 40 hours a week for an additional fee. But the legal possibility for such an agreement must be indicated in a collective agreement or in an industry agreement.

Characteristics of working conditions are taken from a special assessment card of working conditions or from a workplace certification card for working conditions.

7) Nature of work: mobile or traveling. Firstly, if working conditions differ from usual, according to the Labor Code of the Russian Federation, compensation is due. Secondly, if an employee incurs costs to perform his job function, they must be compensated to the employee. Art. 168.1 of the Labor Code of the Russian Federation establishes compensation for the mobile and traveling nature of work.

The state does not centrally determine the amount of compensation. For such payments, the employer must adopt a local regulatory act, which will list professions, specialties, positions involving a traveling nature of work, and establish the amount of compensation. And on the basis of this local regulatory act, the employment contract states that such and such an employee has a traveling nature of work, in connection with which the employer pays compensation on the basis of Art. 168.1.

Please note that business trips, which provide compensation payments for the traveling and mobile nature of the work, are not considered business trips.

8) Working conditions in the workplace. According to Federal Law No. 426-FZ “On Special Assessment of Working Conditions,” working conditions are divided into four categories: optimal, acceptable, harmful (four subclasses), and dangerous. Accordingly, the employment contract must contain an indication of the class of working conditions established based on the results of the labor assessment.

9) Condition on compulsory social insurance. It is necessary to indicate in the employment contract that the employer insures the employee and makes contributions to the Pension Fund, Social Insurance Fund, Medical Fund, and Social Insurance Fund against accidents at work.

Additional terms of the employment contract

In Part 4 of Art. 57 of the Labor Code of the Russian Federation lists the conditions that an employer may include in an employment contract at its discretion:

• about the probationary period;
• on non-disclosure of legally protected trade secrets;
• clarification of the place of work;
• clarification of the rights and responsibilities of employees.

At the same time, additional conditions specified in the employment contract should not violate the rights of the employee. However, as established in the Labor Code of the Russian Federation, for certain categories of workers it is possible to add conditions that worsen their situation compared to other workers. For example, for the head of an organization, additional grounds for termination of the employment contract can be entered, and the employment contract with the chief accountant or deputy manager may contain a condition on full financial liability for damage caused to the employer.

There may be special requirements for special types of employment contracts. In particular, if an employee gets a part-time job, this must be reflected in the employment contract, because special rules apply to such an employment contract.

If an employment contract is concluded with a remote worker, then this must also be indicated: in this case, special rules established by Chapter 49.1 of the Labor Code of the Russian Federation apply to it. For example, in accordance with Art. 312.2 of the Labor Code of the Russian Federation, the employment contract may provide for an additional condition regarding the duty of the remote worker to use, in the performance of his or her job function specified in the employment contract for remote work, equipment, software and hardware, information security tools and other means provided or recommended by the employer.

It is also allowed to establish additional grounds for termination of an employment contract.

When concluding an employment contract with a foreign worker, Art. 327.2 of the Labor Code of the Russian Federation requires the inclusion of additional information and conditions:

• data on documents permitting work activity on the territory of the Russian Federation (work permit or patent, temporary residence permit or residence permit);
• for foreigners temporarily staying in the Russian Federation - a condition on the provision of medical care to a foreign citizen (indicating the details of the VHI policy agreement, or an agreement concluded by the employer on the provision of paid medical services to such an employee).

Despite the fact that the current labor legislation quite clearly regulates the procedure for concluding an employment contract, in practice there are still disagreements regarding the legality of the requirement of documents necessary for concluding a contract, the form of concluding the contract, and the moment the contract comes into force.

Procedure for concluding an employment contract: briefly

The conclusion of an employment contract between an employee and an employer is primarily aimed at streamlining the relationship between the parties, as well as at fixing the most important points characterizing work activity with a particular employer. For this purpose, a document is drawn up in written form.

Briefly, the procedure for concluding an employment contract can be divided into several stages:

• preliminary stage.

As part of this stage, the employer must determine whether the employee has reached the age at which labor legislation binds the employee’s right to enter into an employment contract. The general age at which it is permissible to conclude an employment contract is defined by the legislator as 16 years, unless otherwise provided by Article 63 of the Labor Code of the Russian Federation. In turn, the employee at this stage must, before concluding an employment contract, submit to the employer documents, an exhaustive list of which is contained in Article 65 of the Labor Code of the Russian Federation. The employee presents a passport, work book, military ID, education document, insurance certificate of compulsory pension insurance, and other additional documents in cases specified by law;

• if necessary, in cases provided for by the Labor Code of the Russian Federation, the employee must undergo a preliminary medical examination ();
• direct signing of an employment contract between the employee and the employer;
• registration of employment, including the issuance by the employer of a hiring order on the basis of a concluded employment contract, making an entry about employment in the work book (Articles 66, 68 of the Labor Code of the Russian Federation).

What form does the employment contract take?

The employment contract must be concluded in two copies in simple written form; Special registration of the contract with the labor inspectorate is not required.

One of the copies remains in the employee’s hands, the employer takes the second copy for safekeeping, which the employee is informed about and confirms with a handwritten signature on the employer’s copy.

The law obliges the employer to sign an employment contract with the employee no later than three days from the date of hiring him. Indeed, in the event of any dispute or conflict with the employer, it is this document that is intended to help resolve and exhaust the mutual claims of the parties.

In the absence of documented labor relations, the employee is actually allowed to work. In this case, the employer is obliged to draw up a written employment contract with the employee after the actual admission to work. And he must do this no later than three working days.

The provisions on the form of the employment contract are regulated by Article 67 of the Labor Code of the Russian Federation.

Who signs an employment contract with an employee?

Speaking about the procedure for concluding an employment contract, it is also necessary to indicate who has the right to sign the contract ():

• on the part of the employer, the right to sign belongs to the person who is the sole executive body (director, general director of the company) or an authorized body on the basis of a power of attorney from the director of the company. If the employer is an individual entrepreneur, then the right to hire citizens and enter into an employment contract with them arises provided that he reaches 18 years of age and has full civil capacity;
• the employee signs the employment contract personally, and in cases where the employee has not yet reached the age of majority, by his legal representative (one of the parents, guardians).

Having made a job offer, an organization or individual entrepreneur is obliged to enter into a contract with the employee employment contract– an agreement between the employer and employee, describing the rights and obligations of participants in the labor process.

Myself process of drawing up an employment contract has a number of nuances, which, having worked out in advance, will protect you, both yourself as an employer, and the employee you hire from possible mutual ambiguities and conflicts.

It is worth noting that before concluding an employment contract, the employer is obliged to familiarize the employee (against signature) with the organization’s internal labor regulations, regulations on remuneration, as well as other local regulations directly related to work activities.

In accordance with the requirements of the Labor Code of the Russian Federation (Article 67) employment contract must be concluded in writing.

The document must contain the following information (Article 57):

• Full name of the employee and his passport details;
• name of the employing organization;
• Full name and position of the representative of the organization signing the contract;
• if the employer is an individual, then his full name and passport details;
• Employer's TIN (except for individuals who are not individual entrepreneurs).

Also employment contract must clearly describe the conditions under which the employee is employed by the organization. This is the place of work (indicating the structural unit), the name of the position (specialty and/or profession) with an indication of qualifications or a list of professional responsibilities, conditions of remuneration (this includes the amount of the official salary, as well as additional payments, allowances and bonuses), the condition of mandatory employee social insurance.

Additional terms

In some cases in the employment contract the following are also prescribed: the employee’s working hours and rest time (if it does not coincide with the regime for the rest of the staff); the procedure and scope of providing compensation for work in harmful/hazardous production; working conditions of a special nature (traveling, on the road, etc.).

Undoubtedly, the contract must include the start date of work, and if the contract is fixed-term, then the event that will serve as the basis for the expiration of such a contract (for example, an employee returning from maternity leave, signing a work acceptance certificate, etc.). The place and date of the contract are also indicated.

At the discretion of the employer employment contract conditions may be prescribed for the employee to undergo a probationary period in order to verify his suitability for the position. The trial period cannot exceed three months. A longer probationary period (6 months) can be established for heads of organizations and their deputies, chief accountants and their deputies, heads of representative offices or other separate structural divisions.

It is important to note that the absence in the employment contract of any mention of probationary period means that the employee was hired without testing.

Also, among the additional conditions included in the employment contract, there may be conditions on non-disclosure of state or commercial secrets; about the employee’s obligation to work after completing training, if such training was carried out at the expense of the employer.

Remember that the employment contract is drawn up in duplicate, each of which must contain the signatures of the parties. One copy of the contract remains with the employer, the other with the employee.

The final stage of hiring is the publication of the relevant employment order(Article 68), which the employer is obliged to give to the employee for signature within three days from the date of the actual start of your work in the organization.

The first thing an employee must do after successfully passing an interview and receiving a job offer is to enter into an employment contract. In order to secure your rights and obligations as correctly as possible, it is necessary to correctly draw up an employment contract.

Definition of “Employment contract”, according to the Labor Code of the Russian Federation:

An employment contract is a document that establishes the relationship between an employee and an employer, according to which the latter undertakes to hire an employee for a specific position and provide appropriate working conditions. pay wages on time and in full, and the first must perform all functions assigned to him, in accordance with his position, and adhere to the daily routine adopted in this organization.

Procedure for drawing up an employment contract

After the employee and employer have reached a verbal agreement on all issues related to the upcoming position, the process of drawing up an employment contract begins. Conventionally, the employment contract is divided into 3 stages.

Stage 1. Submission of documents

The employee submits to his employer, or rather, submits to the HR department the following documents:

• Passport;
• A document confirming the completion of higher education or a certificate of specialty if the training has not yet been completed;
• Work book;
• Certificate of state pension insurance;
• Military ID;
• Certificate of assignment of TIN;
• Medical insurance policy.

If the person being hired has not yet been officially employed, then the employer must help with the preparation of a work book, tax identification number and insurance certificate.

Those who draw up a contract for part-time work, instead of a work book, need to present a copy of it or a certificate from the place of work, which is the main one.

At this stage, the employer familiarizes the employee in detail with the rules and internal documents related to his upcoming activities at this enterprise. The employee puts his signature, which signals that he has familiarized himself with the documents and is ready to take on the responsibility of fulfilling the above.

Stage 2. Drawing up and signing an employment contract

Let's consider the rules for drawing up an employment contract.

There is no unified form of employment contract, so each organization develops its own contract for employees. But there are general rules for its preparation that every employer must follow in accordance with the Labor Code of the Russian Federation:

1. The employment contract is concluded in two copies in writing. After the parties sign, one copy is given to the employee, and the second remains with the employer.

2. The employment contract must contain the following information:

• representation of the parties,
• Full name of the employee, his qualifications,
• position and nature of the work performed,
• start date of work,
• type of employment contract (fixed-term/indefinite),
• contract for the main place of work/part-time work,
• is the test established and what is its duration,
• rights and obligations of the employer,
• employee rights and obligations,
• characteristics of working conditions,
• features of working hours,
• duration of annual leave,
• the amount of official salary and types of additional payments,
• deadlines for payment of wages,
• type of social insurance,
• signatures of the parties.

3. The conditions specified in the employment contract can be changed in writing by mutual agreement of the parties.

4. At the request of the employer or for individual positions, the terms of non-disclosure of official or commercial secrets are specified in the employment contract.

5. Also, at the request of the employer, a probationary period is established to check the professional suitability of the employee for the position held.

6. Persons over 16 years of age can independently conclude an employment contract. At the age of 15, it is permissible to conclude a contract to perform light labor; from the age of 14, the contract is drawn up with the consent of the guardianship authority or one of the parents.

7. According to the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract without explaining the reason. Such a refusal can be appealed in court.

Stage 3. Beginning of labor relations

The employment contract is considered to come into force from the date of signing, and is also the basis for drawing up an order for employment.

The employee must begin his duties on the date specified in the contract. If such a date is not specified, then the agreement comes into force the next day after signing the agreement.

Now you know how to draw up an employment contract in the best possible way, thanks to this your rights are reliably protected, and your relationship with the employer will be transparent and fruitful.

Download a sample contract form for free:

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Conclusion of an employment contract: registration procedure

Chapter 11. Conclusion of an employment contract

Article 63. Age at which it is permissible to conclude an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen years.

In cases of receiving basic general education, or continuing to master the program of basic general education in a form of study other than full-time, or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm. their health.

With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student who has reached the age of fourteen to perform light labor in his free time from school that does not harm his health and does not disrupt the learning process.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed.

Article 64. Guarantees when concluding an employment contract

Unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for by federal law.

It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work.

Read also: Dismissal at own request, Article 77, paragraph 3, part 1

At the request of a person who is refused to conclude an employment contract, the employer is obliged to provide the reason for the refusal in writing.

Refusal to conclude an employment contract can be appealed in court.

Article 65. Documents presented when concluding an employment contract

When concluding an employment contract, a person applying for work presents to the employer:

passport or other identity document;

work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

insurance certificate of state pension insurance;

military registration documents - for those liable for military service and persons subject to conscription for military service;

a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to require from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

Article 68. Registration of employment

Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement.

General order of registration:

Introducing the employee to the organization’s labor regulations and working conditions

Signing an employment contract

Issuance of an order in form T-1 on employment on the basis of a concluded TD

Registration of T-2 card

How is an employment contract drawn up?

Having made you a job offer, the organization is obliged to conclude an employment contract with you - an agreement between the employer and employee, which describes the rights and obligations of participants in the labor process.

The process of drawing up an employment contract has a number of nuances, by familiarizing yourself with them in advance, you will protect yourself from any ambiguities in your relationship with the employer.

Read the rules
It is worth saying that before concluding an employment contract, the employer is obliged to familiarize you (against signature) with the internal labor regulations of the organization and the regulations on remuneration. as well as other local regulations that are directly related to your work activity.

read carefully
In accordance with the requirements of the Labor Code of the Russian Federation (Article 67), an employment contract must be concluded in writing. The document must contain the following information (Article 57): full name of the employee and his passport details; name of the employing organization; Full name and position of the representative of the organization signing the contract; if the employer is an individual, then his full name and passport details; Employer's TIN (except for individuals who are not individual entrepreneurs).

Also, the employment contract must clearly describe the conditions under which the employee is employed by the organization. This is the place of work (indicating the structural unit), the name of the position (specialty/profession) indicating qualifications or a list of professional responsibilities, terms of remuneration (this includes the amount of the official salary, as well as additional payments, allowances and bonuses), the condition of compulsory social insurance of the employee .

Additional terms
In some cases, the employment contract also stipulates: the working hours and rest hours of the employee (if it does not coincide with the regime for the rest of the staff); the procedure and scope of providing compensation for work in harmful/hazardous production; working conditions of a special nature (traveling, on the road, etc.).

Undoubtedly, the contract must include the start date of work, and if the contract is fixed-term, then the event that will serve as the basis for the expiration of such a contract (for example, an employee returning from maternity leave, signing a work acceptance certificate, etc.). The place and date of the contract are also indicated.

Are you ready for the test?
At the employer's discretion, the contract may stipulate the conditions for the employee to undergo a probationary period in order to verify his suitability for the position. The trial period cannot exceed three months. A longer probationary period (6 months) can be established for heads of organizations and their deputies, chief accountants and their deputies, heads of representative offices or other separate structural divisions.

It is important to note that the absence of a probationary period in the employment contract means that the employee was hired without a trial.

Secret - not to disclose, training - to work out
Also, among the additional conditions included in the employment contract, there may be conditions on non-disclosure of state / commercial secrets; about the employee’s obligation to work after completing training, if it was carried out at the expense of the employer.

Don't forget to sign!
Remember that the employment contract is drawn up in two copies, each of which must bear the signatures of the parties. One copy of the contract remains with the employer, the other with you.

The final stage of hiring is the publication of the corresponding order (Article 68), which the employer is obliged to give you for signature within three days from the date of the actual start of your work in the organization.

Take the first step towards a new job

Registration of an employee under an employment contract

Concluding an employment contract for hiring

To obtain a new position or work with an applicant, the administration of the enterprise provides an employment contract drawn up by order of the direct employer. A contract is concluded with a new employee, a company, a private entrepreneur, or another employer. In some cases, the document is registered with the municipal administration.

The Labor Code of the Russian Federation regulates the general procedure for drawing up an employment contract. Where it is not enough to write a statement, it is necessary to formalize the agreement in writing. Documents for granting a position legally regulate the basic relationship between the employer and the employee or worker.

Typically, there are two types of job applications:

• Urgent (processing period up to five years).
• Indefinite (longer time).

A fixed-term contract is concluded with an employee in the following cases:

• Temporary replacement for an absent employee.
• Carrying out temporary work for up to two months.
• Registration of labor service (court decision).
• Small company (up to thirty-five people).
• The employer is not a private entrepreneur.
• Part-time employment without registration.
• Having another permanent job or studying at a university, college, etc.
• The applicant has reached retirement age or received a pension for other reasons.

A fixed-term employment agreement is officially terminated upon expiration of the period specified in it. And formalizing the termination of an employment contract requires notifying the employee no later than three days before the date of dismissal. If an employee continues to work after the end of the agreed period of time without objections from the company administration, the contract is automatically considered extended for an indefinite period. The contract is transferred from the status of a fixed-term employment contract to an open-ended one.

According to an employment contract, the agreement is considered unlimited if:

• Documents for providing a workplace do not indicate the completion date of the worker’s or employee’s activities.
• The conclusion of an agreement is necessary for a specific period, without the necessary grounds (by decision of the labor inspectorate).

Registration and payment to the employee

The conclusion of an employment contract provides for the following information:

• The initials of the applicant with their decoding.
• The name of the company or firm where the employment is taking place.
• Identification documents of the new employee.
• Individual Taxpayer Number of a company (other than an individual).
• Information about the direct employee providing documents for employment.
• Date, place of conclusion of the contract, registration of work under the contract.
• Position, specialty, qualifications, new place of work.
• Date the employee was hired (start of employment).
• End date of employment (registration of an employee under a fixed-term contract).
• Norms and rules for employee remuneration.
• Working hours schedule.
• Rules for compulsory social health insurance for employees.

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The necessary documentation for registration of employment is regulated by law according to the Labor Code of the Russian Federation. In addition to mandatory norms and documents, an employment contract sometimes includes some more. This includes the new employee’s obligations to not disclose State Secrets, secret tests, research, etc.

Also, the obligation to work for the required, agreed upon period of time, after training paid for by the employer. Citizens obtaining a position in the municipal administration, civil service, or other similar places are required (except for an employment application) to fill out a form. Unlike all other professions, where similar rules for drawing up a fixed-term employment contract, as well as an open-ended one, are not mandatory.

Filling out personal data

Many employers ask a new employee to fill out personal information, but this is not mandatory and is not regulated by the Labor Code of the Russian Federation. Nor can it serve as a basis for refusal of employment by a firm, company, or private entrepreneur providing a new job. In this case, the procedure for formalizing the termination of an employment contract is clearly regulated by law.

Documentation of all necessary actions on the part of the new employee with the corresponding entry in the work book begins from the moment when documents for employment are submitted to the personnel department of the enterprise or company. In the employment agreement, the employee’s registration clearly regulates the amount of the latter’s salary or the wording with the amendment “in the normal manner.”

In this case, the new worker or employee must be introduced to the regime for issuing cash payments, advances, and their amounts, which is certified by the applicant’s signature with the wording “Acquainted.” Otherwise, the labor inspectorate regards this fact as violating the legislation of the Russian Federation and illegal registration of the employee.

The employer undertakes to fully and promptly issue advance payments and wages to employees, provided that the employees comply with the basic rules of work procedures, which are regulated by the rules of the Labor Code of Russia. The employment contract does not include the conditions and rules for reducing wages in case of violation of internal regulations, reducing the time of legal leave, or other sanctions.

The actions are illegal and entail administrative punishment, both when concluding a fixed-term employment contract and an open-ended one, as well as for the incorrect procedure for formalizing the termination of an employment contract with a former employee of an enterprise or company.

Probation period and other nuances of work under the contract

To more thoroughly study the professional abilities of a new employee, the employer has the right to assign the latter a trial period, which is fixed in the contract initially, both in cases of a fixed-term employment contract and on a permanent basis. Establishing it by direct order is prohibited by the Labor Code of the Russian Federation, even by agreement with the new employee.

If the probationary period is not specified in the contract, the employee is hired for the position without completing a professional suitability test.

The above-mentioned trial period by law must not exceed three months. For higher level positions (company manager, deputy manager, chief accountant, etc.) it increases to six months, if necessary.

The probationary period does not apply to some new employees (minors, pregnant women, new employees, etc.). If the new employee does not meet his position, the latter does not complete the probationary period. He is informed about this in writing a maximum of three days before the end of the inspection. The procedure for registering termination of an employment contract is standard.

And formalizing the termination of an employment contract involves issuing a notice of dismissal due to inadequacy for the position held based on the results of the tests. The second copy of the document is kept by the employer. The dismissed employee certifies in writing the received document regarding its discrepancy with the date of review.

Drawing up an employment contract

Any employment contract is drawn up in at least two copies, carefully reviewed by the worker and the employer, and in order to avoid inconsistencies and disagreements, it is subsequently certified by both in writing. The conclusion of an agreement to provide a workplace to a new employee is recorded in the journal for registering documents and employment contracts.

One sample is received by the employee, the other remains in the personnel department of the company, the employer writes into it: “copy second received” with a signature and date. The direct hiring of a new employee or worker for a position is formalized by an order issued upon conclusion of the contract, taking into account all the necessary formalities.

According to the legislation of the Russian Federation, the registration of a fixed-term employment contract implies the presence of necessary and sufficient evidence that the nature of the work provided does not allow the employment of a new employee for an indefinite period. If there are no reasons, then the Labor Inspectorate issues an order to accept a permanent agreement, with possible administrative penalties.

According to the law of the Russian Federation, the execution of an employment contract provides for familiarization of the future employee with all regulatory documents under the signature of the latter (work regulations, safety instructions, labor protection, collective responsibilities, etc.). With all the necessary acts regulating the rules and norms of labor discipline in the immediate workplace.

The signature on familiarization is recorded in a special journal or act, which is then filed in the personal file or contract of the new worker or employee. The procedure for formalizing the termination of an employment contract is regulated by the basic rules and regulations of the Labor Code of the Russian Federation with the necessary entries in the work book of the dismissed employee.

Legal advice on labor law

How to draw up an employment contract

The conclusion of an employment contract is very important in the relationship between the employer and the employee; a correctly drawn up employment contract in many cases allows one to avoid the occurrence of labor disputes and disagreements between the parties to the employment contract.

Rules for drawing up an employment contract

The employment contract is concluded in two copies. One copy is kept by the employee, the other by the employer. It may happen that the employment contract is drawn up incorrectly by the entrepreneur. However, it is considered concluded if the employee began work with the permission of the entrepreneur.

According to the employment contract, the entrepreneur must:

• provide employees with work stipulated by the employment contract;
• ensure labor safety and conditions that meet occupational safety and health requirements;
• provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;
• provide workers with equal pay for work of equal value;
• pay in full the wages due to employees within the time limits established by this Code, the collective agreement, the internal labor regulations of the organization, and employment contracts;
• provide for the everyday needs of employees related to the performance of their job duties;
• carry out compulsory social insurance of employees in the manner established by federal laws;
• compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by this Code, federal laws and other regulatory legal acts;
• fulfill other duties provided for by this Code, federal laws and other regulatory legal acts containing labor law norms, collective agreements, agreements and employment contracts.

• conscientiously fulfill his labor duties assigned to him by the employment contract;
• comply with the internal labor regulations of the organization;
• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and occupational safety requirements;
• treat the property of the employer and other employees with care;
• 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.

As a rule, an entrepreneur can hire a person only from the age of 16. However, there are exceptions to this rule. A minor can be hired from the age of 14 if the following conditions are met:

• he is engaged in light work that does not cause harm to health;
• works in his free time from studies;
• to enter a job there is the consent of one of the parents (guardian, trustee) and the consent of the guardianship and trusteeship authority.

Mandatory terms of the contract

The contract is concluded immediately upon hiring an employee and must be in writing. The employment contract specifies all the mandatory conditions for cooperation between the employer and the employee, namely:

• Last name, first name and patronymic of the employee and entrepreneur.
• Place of work. The entrepreneur must specify the exact address of the new employee’s place of work.
• Start date of work. The date when the employee must begin work is indicated.
• Duration of the fixed-term employment contract. An employment contract can be concluded for either an indefinite or a definite period. This issue is resolved by agreement of the parties (Article 304 of the Labor Code of the Russian Federation).

The employer is obliged to conclude a written employment contract with the employee within three days from the date of actual access to work (Article 67 of the Labor Code of the Russian Federation).

An employment contract comes into force from the date of its signing or from the moment when the employee began to perform his duties, namely on the day established by the contract, or the next day after the contract enters into force. If the employee does not start work without good reason within a week from the specified date, the contract is terminated.