For all types of hiring new applicants, an employment contract is signed between the parties to legal relations, which is the main document regulating emerging legal relations. According to the provisions of the Law, the possibility of an oral agreement is not excluded, but only written recording of the rules for performing work, as well as mutual consent of the parties to the agreed conditions, provides the possibility of legal protection of the parties in the event of an emergency. labor disputes.
Basics
Some proceedings exclude the need to sign a contract, but the significance of the document should not be downplayed, since the legislator determines that the agreement plays key role when forming legal relations between an employee and his superiors. In particular, it can be noted that TC has the following practical significance:
- recording the working conditions of each specific employee;
- official confirmation that the citizen is an officially employed person at a specific enterprise;
- prevention of unauthorized promotions, as well as other significant changes in the work of personnel;
- confirmation of mutual consent of the participants to perform work under the conditions described in the document;
- approval of the procedure for the operation of labor relations, as well as fixation of methods for terminating an employment contract;
- the possibility of using a contract as the main evidence when defending personal rights and interests in court.
Subjects
In addition, there are a number of age exceptions and restrictions for applicants. Namely:
- as an exception, it is allowed to involve 15-year-old teenagers in light work without the written consent of adult guardians;
- when engaging in official work at the age of 14 to 15 years, parental consent is required;
- areas of employment are provided that allow the work of minors who are under 14 years of age, but only with the consent of adults, as well as with confirmation that employment will not interfere with their education and will not affect mental development baby.
As for the uppermost age limit, then it does not exist. On the territory of the Russian Federation, even persons who have reached retirement age. But there may be some restrictions for certain categories of workers, such as military and government employees.
The agreement is drawn up in several stages. After the parties undergo an oral interview and it is decided to satisfy the applicant’s request for employment, the text of the future contract is prepared, which the participants become familiar with. When points are identified that do not satisfy one or another employee, the text is redone and prepared in a new edition. And only if the content fully complies with the wishes of both participants, the contract is submitted for signing.
Important! In the event of labor disputes, the signed agreement will serve as the main document, since the sealing of the contract with signatures indicates mutual consent parties for a description of the conditions of performance and payment. Therefore, the text should be as complete as possible and should include alternative ways resolving possible conflict situations.
- full information about the participants (last name, first name, patronymic, address of registration and actual residence, contact information of the employee, as well as legal address and the name of the employer's company);
- identification documents of each party;
- date and place of drawing up the document, as well as its name;
- place of work (that is, the branch and its location are specified);
- proposed position, as well as type of employment (full-time, part-time, home work);
- the procedure for forming the working week;
- basic working conditions;
- additional working conditions that involve increased danger or harmful conditions;
- additional payments or other guarantees that are compensation for special conditions of service;
- the procedure for making payments (frequency of payment, salary amount, as well as a list of regular financial incentives);
- the procedure for calculating penalties and the list of possible offenses subject to punishment;
- organization of a probationary period (conditions for its payment and termination).
It would also be a good idea to display the rules for calculating vacation days and their use. Also, if the contract is concluded for a certain period of time, then it is necessary to display the circumstances and the date of termination.
Classification
Traditionally, types of employment contracts differ in terms of their duration:
- urgent;
- unlimited
Unlimited period
As a rule, according to legal requirements, all contracts are concluded for an indefinite period, unless otherwise provided in the terms of the employment agreement. Moreover, employers have a limited list of grounds on which they may limit the duration of an agreement.
If the agreement is drawn up for an unlimited period, then it is not necessary to additionally indicate this point in the text of the agreement. And the termination of the agreement occurs on a general basis, in accordance with the requirements of labor legislation.
Limited period
As mentioned above, a fixed-term employment contract can only be signed if there is a legal grounds. At the same time, the validity period of the agreement is mandatory specified in the text of the contract. And also, evidence is additionally displayed that the applicant cannot be employed indefinitely.
At the end of the established validity period of the document, there are two possible solutions:
- termination of labor relations;
- signing of the addendum to current document, which indicates the fact of continuation of work.
Also, the extension of a fixed-term employment contract can occur automatically. If, at the end of the term of validity of the document, the employer did not send the employee a notice of termination of the legal relationship, and also such an initiative was not received from the employee himself, and at the end of the term the employee continues to perform his job duties, then the contract is considered to be extended for an unlimited period.
When the parties to the agreement decide to extend the working relationship for another limited period, it must be remembered that maximum period such extension is five years. And the employer undertakes to notify the employee of the need to continue the contract no later than three days before the agreed date.
Additionally, fixed-term employment relationships can be divided into three more subgroups. The first group is contracts whose duration is limited to specific calendar dates. The second group consists of those agreements whose actions are limited to the implementation of a certain activity, that is, the need to complete a certain amount of work. And the third group includes those contracts that are signed with employees temporarily filling vacant vacancies. But, regardless of the type of contract signed, both parties must avoid violating the rights and freedoms of the other party, otherwise the contract may be canceled in court.
In addition to the Labor Code of the Russian Federation, the obligations and rights of the parties labor relations, their responsibility, as well as a number of other issues that arise during the implementation of activities, are regulated by an employment contract (LA). Drawing up an employment contract guarantees the protection of the employee’s rights and the fulfillment of the obligations imposed on the employer properly. The rules and conditions for registering citizens under an employment agreement are enshrined in law.
Is it necessary to enter into an agreement?
According to the norms of civil law, the hiring of an employee must be accompanied by the drawing up of an employment or civil law contract.
The absence of one of the listed documents is a direct violation of the law and may result in the employer being held legally liable, even criminally.
If a situation arises that the employer did not know about the fact of the violation, the person who allowed the employee to work without a contract, without first agreeing on this issue with the manager, bears responsibility.
Attention! Employment based only on an order or notes in a work book is prohibited. Drawing up an employment contract is a condition that must be fulfilled in relation to each employee.
According to Article 67 of the Labor Code of the Russian Federation, admission to work without an agreement is permitted only if it is drawn up within the next three working days. In this case, the day on which the employee actually began to fulfill his obligations is considered the moment the contract was concluded.
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Employer's liability
- information about the employee and employer (company name, full name and employee passport details, individual entrepreneur details);
- where and when the contract was concluded;
- information about the parties’ identification documents;
- information about the employer’s authorized representative, including data on documents substantiating his having the necessary powers;
- the place where the activity will be carried out (exact address);
- the proposed position provided for in the staffing table;
- information about the term of the contract (for urgent ones). Unlimited ones indicate only the date when the employee must begin fulfilling his obligations;
- remuneration, payment conditions (salary amount, date of payment, terms of bonuses and application various kinds incentives);
- working hours and vacation time;
- information about working conditions;
- compensation system at enterprises with hazardous working conditions;
- social insurance conditions.
The requirements regarding the content of the agreement are established by Art. 57 Labor Code of the Russian Federation.
Registration procedure
The procedure for registering an employment relationship on the basis of a contract involves going through several stages.
These include:
- Providing the employee with the documents necessary to implement the procedure.
- Carrying out organizational events aimed at familiarizing the employee with local legal acts.
- The stage of direct conclusion of the agreement.
- Carrying out registration actions, processing employee documents.
- Recording the necessary data in the work book.
Provision of documents
The stage of concluding a TD is preceded by receiving from the candidate necessary documents, the list of which depends on the following factors:
- the position for which the candidate is applying;
- requirements for a particular position.
Mandatory documents
List of required documents:
- identification document of the applicant.
- the candidate's work record;
- original insurance certificate OPS (SNILS);
- military ID (for those liable for military service).
The rule does not apply to remote employees whose documents were exchanged via email correspondence. Employees of this category receive SNILS independently in Pension Fund RF, after which they send the necessary information to the employer.
Additional
Among the documents that are of secondary importance and/or are provided only in established by law cases include:
- application on behalf of the candidate for employment;
- educational documents (certificate, diploma, certificate, etc.);
- a medical book or certificate indicating that a routine medical examination has been completed (applies only to a certain category of persons);
- a document confirming that the candidate does not have any outstanding or expunged criminal records in accordance with the procedure provided for by law.
- tax number;
- international passport;
- work permit.
- certificate in form 2-NDFL (for employees entitled to receive tax deductions);
- documents confirming marriage and presence of children;
- certificate of income of the second spouse (for officials, employees Central Bank Russia, municipal employees);
- information on salary for the two years preceding the current one (for calculating sick leave);
- medical documents indicating that the candidate does not have any diseases that would prevent employment in the Far North (if the place of work is located in this region).
Who needs to undergo a medical examination
Passage Requirement medical examination must be presented to candidates applying for employment in the following areas:
- Education.
- Catering.
- Trade.
- Creation of water supply facilities.
- Providing medical services.
- Execution of underground works.
- Transport traffic.
In addition, the following must undergo a medical examination:
- persons under 18 years of age;
- employees of enterprises with hazardous production, as well as organizations with unsafe working conditions;
- shift workers;
- applicants for work in the regions of the Far North.
The presented list is not exhaustive and is governed by the norms of special legal acts.
Local acts that must be read
Immediately before the start of implementation labor activity the employee must be familiarized with local regulations.
Local acts can be divided into two categories:
- basic (available at all enterprises);
- secondary (to be reviewed only if available at the enterprise).
List of main regulations:
- rules to protect working conditions;
- IVR (internal regulations);
- staffing table;
- acts regulating the procedure for remuneration;
- instructions specifically designed for storing personal data.
List of documents required for review:
- job descriptions;
- agreement on the conditions and procedure for applying financial liability;
- acts regulating document flow at the enterprise;
- collective agreement;
- regulations on social security of employees;
- other local acts.
The fact that an employee has become familiar with the contents of local regulations is confirmed by his signature on the familiarization sheet, which is subsequently filed and sealed with the seal of the organization and the signature of an authorized person.
Conclusion of an agreement
The employment agreement is drawn up in 2 copies, one of which remains with the employer, the second is given to the employee.
A mandatory requisite for each sample is the employee’s signature.
Note! The number is not classified as a mandatory detail; it can be entered at the request of the employer to simplify the document flow procedure.
In addition, in relation to employment contracts of enterprises with the legal form of JSC and LLC, there is no requirement to certify the document with a seal.
Contract time
According to the duration of validity of TD there are:
- Urgent (valid for no more than 5 years).
- Indefinite.
If the right of the parties to conclude fixed-term agreements is not limited by law, then with regard to unlimited ones the situation is somewhat different.
In accordance with Article 59 of the Labor Code of the Russian Federation, urgent TDs are concluded in the following cases:
- if a permanent employee is temporarily absent, so the fulfillment of his obligations is entrusted to another person;
- performing temporary or seasonal work, the duration of which does not exceed 2 months;
- undergoing practical training, internship, obtaining vocational education;
- registration in an organization created for a specified period to perform specific tasks;
- holding an elected position or working in an elected body.
In cases provided for by law, it is also possible to conclude a fixed-term contract by agreement of the parties. As a rule, this applies to retirees, part-time workers, full-time students, managers and representatives of creative professions.
Paperwork
The procedure for hiring an employee is not limited to the conclusion of a TD. In addition, you must complete:
- employee personal card;
- The order of acceptance to work;
- card for recording the amount of charges and deductions;
- tax register form for income and income tax;
Entry in the work book
It is the employer's responsibility to enter employment information into work book employee. The exception is cases of part-time employment.
The information recorded in the work book must correspond to the employment order. The powers necessary to implement the procedure rest solely with the employer or an authorized person.
Watch the video about the employment contract
On the same topic
The relationship between the employer and the employees he hires is regulated Labor Code. This is realized through a conclusion, which sets out the basic rights and obligations of the parties, as well as key conditions social protection employee.
Considering that this document directly affects working conditions, earnings, and the time a citizen spends at the workplace, the execution of an employment contract is carried out according to rules defined at the legislative level.
Main types of employment contracts
An employment contract is a written agreement that defines the conditions of work, payment, social protection, work and rest, as well as the citizen’s obligation to carry out the tasks assigned to him, to adhere to the rules of conduct established at the enterprise and the existing routine. It is important to note that the rights and obligations in such a document are mutual in nature and are based solely on the requirements of laws and regulations in force in a particular industry.
Conventionally, all employment contracts can be divided into three basic types:
- Prisoners indefinitely. Contracts of this type contain a basic set of working conditions for a specific position. Their main difference from other types of contracts is that they do not have an expiration date. This means that until the employee decides to quit on his own or the conditions provided for by law are met under which the employer can dismiss him on his own initiative, such an agreement will remain in force.
- employment contracts. As the name suggests, this type of employment contract has a start and end date. In this case, if the employer decides not to renew such a contract with an employee, then he has the right to notify the employee about this seven days before the end of the contract and pay it off on the last day of work. This does not require looking for any reasons or circumstances, or explaining anything to the employee.
- Employment contracts with a probationary period. These can be either open-ended or fixed-term agreements (the latter with a validity period of more than two months). Their main feature– the contract itself stipulates the trial period. For workers, the maximum probationary period cannot be more than three months, for managers - six months. For certain categories of citizens, labor legislation has introduced a ban on establishing a probationary period. At the same time, in order to dismiss an employee at the end of the probationary period, it is necessary to document that he failed to cope with the task assigned to him.
Remember, before agreeing to the working conditions offered by the employer, read the legal requirements so as not to put yourself in obviously losing conditions.
Requirements for employment agreements
Considering that an employment contract is concluded on the basis of legislation, certain requirements are initially set for this in order to recognize it as “legitimate”. In the process of concluding agreements of this type, it is important to immediately take into account the following nuances:
- employment contracts are concluded exclusively in writing;
- agreements of this type must be signed by the employer (legal entity) and the citizen being hired;
- the document must have two original copies, one each for the employee and the employer;
- in case of concluding an employment contract with individual entrepreneur he must register with local authorities;
- the contract must necessarily have all the basic conditions provided for by law (position, amount of payment, working and rest conditions, obligations of the parties, confidentiality conditions);
- the list of necessary documents for concluding an employment agreement is determined by law (the employer does not have the right to require additional documents unless required by the specifics of the work for a particular position);
- all changes and additions to the employment contract are drawn up in the same manner as the main document was signed.
Remember, if an employment contract is signed between an employer and an employee that deliberately infringes on the employee and does not comply with the requirements of labor legislation, the employer may be held liable. Its level will depend on the severity of the consequences.
Trade unions, employees of government departments in charge of labor issues, and prosecutors can monitor the compliance of employment contracts with the terms of current legislation. The employee can apply to them independently, or such verification is carried out on the initiative of the competent authority. You can also go to court immediately.
Stages of registration. Required documents
Documents for employment
Next important question– how labor relations are formalized, what documents are required for this. To begin with, we suggest that you familiarize yourself with the approximate sequence of actions that a citizen goes through in the process of applying for a job.
Interview. Before deciding whether a citizen is suitable for a particular position, most employers try to communicate personally or through authorized specialists with a potential candidate, to find out his requirements, capabilities, and degree of interest in the results of his work. The employee is immediately told his main responsibilities for new position.
Writing an application. This stage occurs when the candidate potential employee is agreed upon. In the application, the future employee must clearly indicate from what period he begins work (if this is not the case, then from the moment the application is approved by the manager authorized to hire the employee).
Preparation of the acceptance order. After receiving a positive resolution from the head of the personnel department, an order and an employment contract are prepared for signature. Usually the order is signed first (the terms of the employment contract must be agreed upon with the employee).
Signing an employment contract. This must occur no later than three days from the date the employee is actually hired.
Now a little about what basic documents you need to have with you in order to formalize an employment relationship. This list includes:
- An identification document (usually a passport).
- (it may be absent if the employee gets a job for the first time).
- Certificate confirming participation in the state pension insurance(for those starting to work for the first time it may also be absent).
- For those liable for military service - documents confirming military registration.
- Documents on education (submitted only if the position for which the citizen is applying requires certain qualifications, skills, and special knowledge).
- A document confirming that the citizen has not previously had problems with the law and has no criminal record.
The employer does not have the right to require any additional documents if this is not provided for by the working conditions (for example, when working with children, it may be required medical certificate that you do not have infectious diseases).
Remember, the procedure for applying for a job, as well as the list of documents required for employment, are determined at the legislative level. If you meet the established criteria, you have every right to apply for the relevant position.
Prerequisites
Mandatory terms of the employment contract
The legislator has determined what conditions in the process of drawing up an employment contract must be reflected in its structure. Among them are:
- full name of the position and full name of the employee and his future employer;
- the place where in the future the citizen will perform the labor functions assigned to him;
- the exact date from which the employee is obliged to start working in the company (it may correspond to the date of signing the contract or, by agreement of the parties, be a little later. In exceptional cases, it is possible to put a date earlier than the date when the contract was signed);
- clear and understandable (without ambiguous interpretations) rights and obligations of the employee that he must comply with in the company;
- a list of responsibilities and rights (in relation to the employee) on the part of the company administration;
- description of compensation due to the employee, social benefits for work in hazardous or hazardous conditions labor, where specific dimensions and parameters are indicated;
- mode of work, rest, General terms payment (necessarily the level of official salary or tariff rate), additional payments due, allowances, rewards. Certain awards may have certain conditions that must be met in order to receive them. They are also included in the employment contract in the form of annexes.
- if relative to a specific employee is entered probation, this must be specified in the contract;
- if the work is related to access to information and information that is confidential or related to state secrets, the contract must indicate the employee’s obligations regarding their non-disclosure.
Remember, all basic and additional terms of the employment contract must comply with the requirements of labor legislation. It is possible to go beyond the current articles of the law only if such conditions improve the level of wages, social benefits, and compensation for a particular employee.
It is important to take into account that the terms of employment contracts, in addition to labor legislation, must also take into account the norms of legislation on labor protection, industrial sanitation, fire safety. If the norms of the signed agreement are violated, such norms regarding violation of labor protection may be declared invalid. As an example, an employee is offered increased level wages when working in conditions dangerous to his health and life without appropriate protection.
Salary
It should be noted that the key condition of each employment contract is remuneration. After all, this is why citizens get jobs. The contract must clearly and unambiguously disclose all remuneration due to the employee for his work.
Consists of the following main parts:
- Official salary (an hourly rate may be set for workers). This is a minimum guarantee of wages, below which (including taxes) the employee has no right to receive.
- Compensatory payments. Quite often, an employee has to work in conditions that differ from the normal human environment. This may be work in conditions contaminated with radiation, in harmful or dangerous production, with a sharp deviation from normal climatic conditions (conditions of the Far North).
- Various incentive payments. This category includes all kinds of incentives, bonuses, additional payments, all kinds of allowances, with the help of which the employer increases the employee’s interest in highly productive work. Usually they have a “floating” nature and directly depend on the final result of the work.
- Social payments. Help for pensioners, low-income people, young people mothers of many children, as well as other categories of citizens, is very often practiced by companies as an integral part of encouraging an employee to remain in the company.
Remember, remuneration must be described in detail in the employment contract as an integral part of it. And even if these standards are established in the company’s collective agreement, it would not be amiss to duplicate them in relation to a specific employee.
Typically, the employee is paid for the period worked or the final result (the number of products produced). All payments that are calculated in percentage per salary (rate), are also paid proportionally.
This should also be reflected in the employment contract. After all, employers often resort to some tricks and pay additional remuneration only if the employee fully works the reporting period.
An important point is the number and payment of days annual leave. Minimal amount days of rest on vacation are determined at the level of labor legislation.
In the same time collective agreement companies are allowed to install additional days paid leave at your own expense. If such days exist, this should also be mentioned in the employment contract.
State guarantees when concluding an employment contract
Refusal to hire a pregnant woman is prohibited
If a potential employee fully meets the requirements put forward by the employer, the latter does not have the right to refuse the citizen to conclude an employment contract. This is only possible if there are compelling reasons.
At the legislative level, employers are prohibited from refusing to hire:
- taking into account gender, nationality, race, skin color, marital or social status, other characteristics that discredit a person in relation to other members of civil society;
- women are unable to either because they have young children in their care;
- if the employee was previously invited in writing to work for a company in another location and he has already resigned from his previous place of work (but no more than a month from the date of dismissal).
Remember, at the request of the applicant, the employer who refused to conclude an employment contract is obliged to explain in writing the reasons for such a decision. In the future, the citizen has every right to challenge such a refusal in court.
It is important to note that any restrictive measures that are introduced due to specific working conditions (for example, restricting the work of pregnant women to hazardous production), are established at the legislative level and are regulated exclusively by laws. Introduce such bans regulations or is prohibited by the employer’s local documents.
How to draw up an employment contract correctly, watch this video:
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Legal protection, white wages and pension savings motivate citizens to find official employment. The procedure for registering an employee for a new position is strictly regulated by law. Labor Code Russian Federation(Labor Code of the Russian Federation) describes the procedure for concluding and registering an employment contract.
Form and meaning of the employment contract
An employment contract is a voluntary, mutual agreement between two parties, describing their mutual responsibilities and rights. According to the contract, the employer undertakes to provide the employee with the tasks and working conditions described in this contract. The employee, in turn, guarantees independent, responsible and high-quality performance of his duties.
The procedure for concluding and executing an employment contract involves the written confirmation of the agreed obligations. Only in this case do the parties to the contract claim to protect their rights in court.
According to , an employment contract is concluded exclusively in writing, in two copies. The employer is obliged to formalize the employment relationship with the employee within three days after the actual admission to work.
It is the employment agreement that describes the conditions under which the employee performs his duties. For the employee, this is a guarantee of timely payments, sick leave or vacation. Refusal to comply with the norms established by law leads to administrative liability.
Legal assistance with drawing up an employment contract:
The Labor Code of the Russian Federation does not contain a strict sample employment agreement. In accordance with Art. 57, the document must contain:
- name of the company and full name of the employee applying for the position;
- position and type of work (main or part-time);
- date of actual employment;
- end date of service when applying for a fixed-term employment contract;
- mutual rights and obligations;
- the amount of salary, bonus, condition of payment of allowances;
- schedule;
- payment procedure and amount monetary compensation in case of industrial injury or harm physical health employee.
The employer is required to include each of the listed points in the agreement. Otherwise, the contract may be declared invalid.
Registration of employment under an employment contract is carried out in three main stages:
- The employee provides an identity card, TIN and SNILS to the employer. If the job requires special physical skills or the work is harmful to health, the employee will be required to undergo a preliminary medical examination. The candidate must agree to this procedure. If a citizen enters an official position for the first time and cannot provide a work book, the employer is responsible for processing it.
- Issuing an employment agreement, familiarizing the employee with it and signing the contract. The agreement comes into legal force from the moment the relevant document is signed or the employee is actually admitted to the place of work.
- Issuing an order to hire an employee. The terms and conditions of the document must comply with the conditions described in labor agreement. The employer enters the necessary information into the employee’s work book and provides a copy of the employment order.
according to , the employer undertakes to familiarize the employee with labor and safety rules, company regulations, and other regulations. The employee confirms his awareness with a personal signature.
The main criterion for applying for a job under an employment contract is that the candidate has reached the age of majority. From this age he has the right to independent employment.
Citizens from 16 to 18 years of age also have the right to independently draw up an agreement. In this case, the employer is obliged to strictly regulate the employee’s schedule. Such workers are prohibited from heavy and hazardous work, night shifts or overtime. The employment agreement must include a provision for part-time work.
Children from 14 to 16 years old can be hired only with the official consent of a parent or representative of the child’s interests. In this case, working conditions are regulated even more strictly: no more than 35 hours per week.
Legal guarantees when concluding an employment contract
When looking for a job, candidates have to face unreasonable refusal to accept a position. The procedure for concluding and registering an employment contract, described in the Labor Code of the Russian Federation, implies several legitimate reasons for refusal to hire a position:
- lack of vacancies;
- inappropriate age or health status of the employee to work in hazardous production;
- the candidate’s reluctance to undergo mandatory medical examination;
- the candidate does not have a passport, TIN or SNILS.
In these and other cases, the candidate has the right to receive written clarification decision taken about refusal. Based on the document received, the citizen goes to court, where he can appeal the decision
According to the employer, he is criminally liable for an unjustified refusal to hire a pregnant woman or a woman with children under three years of age.
Refusal to accept a candidate for a position due to gender, racial and other prejudices that are not related to the professional characteristics of the candidate entails administrative liability.
The execution of an employment contract strictly regulates the relationship between the employee and the employer. The document protects the parties from violation of agreed rights and becomes the only basis for going to court. Be careful: in case of unofficial employment, the state will not be able to protect your rights.
I will be happy to answer all questions in the comments to the article.
There are several options for formalizing the relationship between the person providing the work and the person performing it. The method of employment determines the procedure for applying for a job, the rights and obligations of the parties, responsibility, the procedure for paying taxes and mandatory contributions, and much more.
In Russia, the relationship between an employee (performer) and an employer (customer) can be formalized in one of the following ways:
- Distant work.
- Agency labor.
- Unofficial employment.
Employment contract
Employment contract- an agreement between an employee and an employer, according to which the employee undertakes to regularly perform the functions assigned to him by the employment contract, to comply with the work schedule, and the employer undertakes to provide conditions for the performance of work, provide the work itself and pay on time and in full wages. Relations within the framework of this agreement are regulated by labor legislation, in particular, the Labor Code and relevant federal laws.
Signs of an employment contract:
- inclusion of an employee in the staff of the organization with the obligation to perform labor functions for a certain position;
- compliance by the employee with internal labor regulations and working hours;
- impossibility of transferring work to third parties;
- the employer's obligation to regularly pay wages and ensure working conditions.
Procedure for registration of an employment contract
Registration for work according to labor legislation includes the following stages:
- Receiving documents from the employee.
- Familiarization of the employee with local regulations.
- Conclusion of an agreement.
- Preparation and registration of documents for the employee.
- Making an entry in the work book.
When hiring an employee, the employer is obliged to pay personal income tax and insurance premiums for him, provide tax, statistical and other reporting provided for by the legislation of the Russian Federation, and respect the rights and interests of the employee.
You can find out more about the procedure for hiring under an employment contract.
Civil contract
Civil contract – an agreement between two or more persons, the purpose of which is to perform work or services specified in the contract. A civil contract is most often concluded when it is necessary to perform one-time work, if the volume of services provided is small and there is no point in hiring a person for a short period.
Types of civil contracts
There are several types of civil law contracts:
- contract;
- paid provision of services;
- commissions;
- transportation;
- transport expedition;
- trust management of property;
- instructions.
Note: concluding a civil law contract in general is much more profitable and convenient than drawing up an employment contract.
note that when concluding a civil contract, an entry is not made in the work book, but the time worked under the specified contract is included in the total length of service. If the contract is concluded with an individual, the employer is obliged to pay income tax for the employee and insurance premiums to the Pension Fund of the Russian Federation and the Compulsory Medical Insurance Fund (contributions to the Social Insurance Fund are paid only if this is stipulated in the agreement).
Comparison of employment and civil law contracts
Main differences between an employment contract and a civil law contract
| Sign | Employment contract | Civil contract |
|---|---|---|
| Subject of the agreement | Performing a labor function | The result of performing work or providing services |
| Possibility of involving 3 persons in the work | Impossible | Maybe |
| Compliance with internal labor regulations | Necessarily | Not necessary |
| Conditions for performing work | The employer is obliged to provide the employee with appropriate working conditions | The employer is not obliged to provide the employee with any conditions for performing work |
| Documentation | After registration of the contract, it is necessary to draw up for the employee a large number of documents: hiring order, staffing table, vacation schedule, personal card, work book and SNILS (if the employee is getting a job for the first time), etc. | After execution of the contract, only an act of acceptance of work or provision of services is drawn up |
| Salary size | The salary cannot be less than the established minimum wage per month. The contract is considered invalid if it does not indicate the amount of the salary | The amount of payment is established by the contract and is not tied to the minimum wage; its indication in the contract is not necessary |
| Salary payment procedure | At least 2 times a month | The payment procedure is determined by the contract |
| Contract time | By general rule– unlimited. In exceptional cases it may be fixed-term contract | Urgent only. The absence of a term in the contract makes it invalid |
| Possibility of extending the contract period | Maybe | Impossible |
| Tools to get the job done | Provided by the employer. An employee, in agreement with the employer, can use personal property, but in this case he is compensated for the wear and tear of this property | The employee uses his own funds to perform work (provide services) |
| Procedure for terminating the contract | An employee can only be dismissed for certain reasons. The employee himself has the right to terminate the employment contract according to at will | The procedure for terminating the contract is provided in the document itself. There are no special conditions for its termination for both the employee and the employer. |
| Liability for failure to fulfill obligations stipulated by the contract | Administrative liability is provided for the employer, and disciplinary liability for the employee (discipline, reprimand, dismissal). There are no penalties for the employee | Penalties for the employee may be provided for by the terms of the contract. If the employer does not pay on time and does not accept the work, he is obliged to pay the employee interest for the use of other people's money. |
| Taxation | Income tax and insurance contributions to extra-budgetary funds for the employee are paid by the employer | If the agreement is concluded with an individual entrepreneur, personal income tax and he pays contributions independently |
You can find out more about the types of civil contract, its pros and cons for the employer and employee.
Distant work
Remote work is recognized as the employee’s activities carried out outside the stationary place of work (at home, in transport, cafes, abroad, etc.). An employee usually receives a task from an employer remotely: by mail, via the Internet, etc.
There are two types of remote work:
- Home-based.
- Remote.
Home work involves the manufacture of products that have a tangible form, for example, collecting pens, growing mushrooms, embroidery, knitting, etc.
The result remote work is not a thing, but information, information, objects of intellectual property. Remote employees there may be journalists, editors, content managers, copywriters, programmers, etc.
A remote worker can be registered under both an employment contract and a civil law contract.
Note: payment of mandatory payments and contributions depends entirely on the method of registration of the employee, and whether he has the status of an individual entrepreneur.
Agency labor
Agency labor is the work of employees at the order of the employer, carried out in the interests, under the management and control of persons with whom they do not have an employment relationship. Since 2016, agency work, with the exception of individual cases, is prohibited in the Russian Federation.
There are 2 types of agency work:
- Outsourcing.
- Outstaffing.
Outsourcing the transfer of certain functions or tasks to a third party (organization, individual entrepreneur, to an individual). Relations within the framework of outsourcing in most cases are formalized by a contract for the provision of paid services. Most often, accounting, tax and personnel records (preparation and submission of declarations, reporting, etc.), and legal support are outsourced. Since outsourcing does not involve the transfer of the contractor’s workers to the customer this form agency labor is permitted and can be used by the employer to reduce the cost of maintaining staff.
Outstaffing represents the transfer of employees from the contractor to the customer. Employees who are on the contractor's staff carry out their work and are subordinate to a third party. This work has been prohibited since 2016 and its use entails administrative liability.
An exception to the use of agency labor is made for:
- private employment agencies responsible certain conditions(availability of accreditation, application common system taxation).
- legal entities when sending an employee to its affiliates, subject to the conditions and procedure for providing employees approved by the relevant federal law. On currently this law has not been adopted.
Unofficial employment
Working without official registration of an employee threatens the employer with quite serious problems. Current legislation provides for administrative, tax and criminal liability for illegal hiring and employment of employees.
Thus, according to the Code of Administrative Offenses of the Russian Federation, an employer can be prosecuted for violating labor laws, which in turn threatens him with a fine of 1,000 to 5,000 rubles. for individual entrepreneurs and from 30,000 to 50,000 rubles. for the organization.
The employer is brought to tax and criminal liability due to the fact that it does not properly fulfill the duties of a tax agent, namely, does not calculate and transfer to the budget the amount of taxes for its unregistered employees.
