Types of employment contracts. The Labor Code of the Russian Federation provides for two types of employment contracts, depending on the period for which they are concluded: 1) contract concluded for an indefinite period (in everyday speech in such cases they talk about hiring an employee for a permanent job) and 2) a contract concluded for a specific period of not more than five years (fixed-term employment contract) .
At the same time, the legislation proceeds from the fact that, as a general rule, an employment contract must be concluded for an indefinite period.
A fixed-term employment contract is concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.
If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.
If neither party has requested termination of a fixed-term employment contract due to the expiration of its term, and the employee continues to work after the expiration of the employment contract, the contract is also considered to be concluded for an indefinite period.
These provisions of the Labor Code of the Russian Federation express the legislator's support for the employee as the weaker party to the employment contract.
The fact is that it is in the interests of the vast majority of workers to conclude an employment contract for an indefinite period (getting a permanent job), while for employers it is more profitable to conclude a fixed-term employment contract. Therefore, while protecting the interests of employees, the Labor Code limits the right of employers to conclude fixed-term employment contracts.
The list of cases when such agreements can be concluded is established by federal legislation, in particular, Art. 59 of the Labor Code of the Russian Federation provides that a fixed-term employment contract can be concluded at the initiative of the employee or employer in the following cases:
to replace a temporarily absent employee whose job is retained in accordance with the law;
for the duration of temporary (up to two months) work, as well as seasonal work, when, due to natural conditions, work can only be carried out during a certain period of time (season):
with persons entering work in organizations located in the Far North and equivalent areas, if this is related to moving to the place of work;
to carry out urgent work to prevent accidents, breakdowns, disasters, epidemics, diseases, as well as to eliminate the consequences of these and other emergency circumstances;
with persons applying for work in organizations - small businesses with up to 40 employees (in retail trade and consumer service organizations - up to 25 employees), as well as with employers - individuals;
with persons sent to work abroad;
for carrying out work that goes beyond the normal activities of the organization (reconstruction, installation, commissioning and other work), as well as for carrying out work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;
with age pensioners, as well as with persons who, for health reasons, in accordance with a medical certificate, are allowed to work exclusively of a temporary nature;
with persons sent for temporary work by employment services, including public works.
This article also contains some other grounds for concluding a fixed-term employment contract, as well as an indication that a fixed-term employment contract may be concluded in other cases provided for by federal laws.
An employment contract concluded for a certain period in the absence of sufficient grounds established by the body exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, or by a court, is considered concluded for an indefinite period.
This means that if, contrary to the law, an employment contract was concluded with an employee for a certain period, and then the employment relationship was terminated due to the expiration of the contract, then the body exercising state supervision and control over compliance with labor legislation, or the court, recognizes such an agreement imprisoned for an indefinite period, and reinstate the employee at work.
Let us dwell on some of those indicated in Art. 59 of the Labor Code of the Russian Federation in cases where a fixed-term employment contract can be concluded.
Replacing a temporarily absent employee, who, in accordance with the law, retains his place of work, is one of the most common cases of concluding a fixed-term employment contract. Typically, the need to conclude a fixed-term contract arises in the event of a long-term absence of a permanent employee who is not possible to replace with another permanent employee. For example, after maternity leave, a woman has the right to take leave to care for a child until the child reaches the age of three.
In this case, a fixed-term employment contract with another employee is concluded for the period the woman is on the specified vacations. However, a woman on leave due to the birth of a child can interrupt it at any time. A woman's return to work entails the termination of a fixed-term employment contract.
Another fairly common case when a fixed-term employment contract is concluded with an employee is when he starts working in a small business organization. At the same time, the Labor Code of the Russian Federation classifies organizations with up to 40 employees as small businesses (in retail trade and consumer service organizations - up to 25 people), while the Federal Law “On State Support of Small Business in the Russian Federation” contains other criteria classifying organizations as small businesses. This discrepancy is explained by the fact that the Labor Code of the Russian Federation and the said law deal with the regulation of various relations: in the first case - labor, and in the second - economic (economic).
Conclusion.
To summarize the issue under consideration, it is worth noting the following main points. Firstly, that an employment contract is an agreement between an employee and an employer, concluded in writing, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by the Labor Code, laws and other regulations, and a collective agreement , pay the employee wages on time and in full, and the employee undertakes to personally perform the labor function determined by this agreement, as well as to comply with the internal labor regulations of the organization.
Article 57 of the Labor Code clearly defines the essential and necessary terms of an employment contract, which in turn reduces the number of controversial situations that may arise between an employee and an employer. The terms of an employment contract can only be changed by agreement of the parties and in writing.
Article 60 of the Labor Code determines that it is prohibited to require an employee to perform work not stipulated by an employment contract, except in cases provided for by this Code and other federal laws.
The main objectives of an employment contract are to create the necessary legal conditions to achieve optimal agreement between the employee and the employer, as well as the legal regulation of labor and other related relations.
An employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws or other regulatory legal acts, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative. The employee is obliged to begin performing his job duties from the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next day after the contract enters into force.
If the employee does not start work on time without good reason within a week, the employment contract is canceled.
In most cases, taking a new job is accompanied by the signing of a number of documents, the most important of which is rightfully considered an employment contract.
Knowing what exactly should be contained in this document will protect you from troubles at work and labor disputes.
I. Concept and distinctive features of an employment contract
Any relationship between employer and employee must be regulated by relevant documents. An employment contract concluded between two parties is the root cause of the emergence of labor relations.
An employment contract, according to Article 56 of the Labor Code of the Russian Federation, is “an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, a collective agreement, agreements, local regulations acts containing labor law norms, pay the employee wages in a timely manner and in full, and the employee undertakes to perform the labor function determined by this agreement and to comply with the internal labor regulations in force in the organization.”
Thus, in its definition, an employment contract is clearly distinguished from other civil law agreements concluded to perform certain work (for example, a contract, an assignment), which is very important for the correct application of the law.
The difference between employment and civil law contracts is as follows:
- according to the employment agreement, the employee works in a specific position in accordance with his qualifications, and under civil contracts related to labor, the worker (contractor or performer, but not the employee) performs a certain task with an end result (for example, repairs or writing a book);
- under an employment contract, the work is performed personally by the employee, since only he controls his ability to work;
- In the course of his activities, the employee is obliged to obey the internal rules established by the employer, and their violation entails disciplinary sanctions or even dismissal. While failure to fulfill a contract related to work, but not being an employment contract, leads to civil liability;
- the conditions for performing the work are provided by the employer (and not the performer), and he is also responsible for the loss of the fruits of labor;
- the employer does not pay remuneration under the contract, but wages in the amount established by the employment contract.
II. The meaning of an employment contract
It is believed that the concept of an employment contract, enshrined in the Labor Code of the Russian Federation, is not entirely complete.
Labor law looks at it from three different perspectives:
- as an institution of law that characterizes the distinctive features of labor relations. That is, the parties who entered into an agreement are subject to both labor legislation in general and other regulations.
- as a documented agreement of the parties to work at this enterprise. After signing such an agreement, a person becomes a member of a certain labor collective.
- as a legally accomplished fact, which becomes the basis for the emergence and existence of labor relations for a certain time. During the entire period of its validity, the employee and the employer are assigned certain rights and obligations.
III. Parties to the employment contract
The parties to an employment agreement are always the employee and the employer.
An individual who is already 16 years old can become an employee. In some cases, it is permissible to conclude an employment contract for light work with persons over 15 years of age.
Also, the law does not prohibit the signing of an employment contract with teenagers who are 14 years old to carry out light work that will not disrupt the learning process, but this requires the consent of the official representative (parent or guardian) and the guardianship authorities.
As an exception to the rules, for example, in cinematography or theater, the use of labor by persons under 14 years of age is allowed.
In such a situation, to conclude a contract, you need not only the consent of the parents and guardianship authorities, but also evidence that this work will not cause damage to both the physical health and mental and moral development of the child.
There is no upper limit on the age possible for signing an employment contract. Only the range of duties for which there is a maximum age is limited (for example, in the civil service you can be up to 65 years old).
As an employer, an individual or an organization can sign the agreement, that is, any entity that is permitted by law to enter into employment contracts.
According to Art. 57 of the Labor Code of the Russian Federation it certainly indicates:
- FULL NAME. employee and full name of the employing organization;
- information about the documents used to verify the identity of the employee and the employer, if the employer is an individual;
- TIN of the employer (organization or entrepreneur);
- information about the authorized person of the employer who has the right to sign employment contracts, and about the document on the basis of which he acts (for example, “...represented by General Director I.I. Ivanov, acting on the basis of the Charter...”);
- date and place of conclusion of the contract.
The following information is also required:
- place of work;
- position according to the staffing table, profession, specialty, type of work;
- date of the first working day (in the situation of a fixed-term contract - the validity period and the basis for its preparation);
- terms of remuneration (amount of remuneration, dates of payment, allowances, additional payments, bonuses);
- work and rest schedule;
- guarantees and additional payments for work in dangerous or harmful working conditions and a description of these conditions;
- the nature of the work and its conditions (if necessary);
- working conditions;
- guarantees of compulsory social insurance;
- other conditions, if they are provided for by labor legislation.
If any information and/or conditions were not included in the employment contract when it was signed, this does not mean that it is not valid and does not entail its termination.
The missing information is written directly into the contract itself, and the conditions are formalized in an additional agreement or an appendix to it.
Also, the employment agreement may contain additional conditions that do not worsen the rights of employees in comparison with current labor legislation.
For example:
- about clarification of the place of work;
- about the probationary period;
- on non-disclosure of information protected by law;
- if training was carried out at the expense of the employer, then a period of compulsory service may be indicated;
- conditions for additional support measures (insurance, social welfare, non-state pension provision);
- responsibilities included in local regulations or a collective agreement.
V. Types of employment agreement
There are several criteria that determine the type of employment contract.
Employment contracts are classified according to their duration:
- Prisoners indefinitely.
If the contract does not indicate the period for which the employee is hired, then the contract automatically becomes concluded for an indefinite period. In this case, the employee will be hired for a permanent job, and the parties to the contract will be able to terminate the employment relationship in the manner prescribed by law.
- Urgent.
If an employment contract is concluded for a period precisely defined and agreed upon by both parties, but not more than 5 years, then it is.
In this case, the contract must specify the duration of its validity and the reasons why a non-fixed-term employment contract cannot be concluded with the employee. The list of these reasons is approved by law and cannot be expanded.
The obligation to prove the existence of circumstances that prevent the conclusion of an open-ended contract lies with the employer, and if no evidence is presented, it is decided in court that the contract is concluded for an indefinite period.
Agreement by both parties on the term of the contract means that the employer does not have the right to refuse to accept an employee who wishes to sign an open-ended contract, unless this is based on the professional qualities of the employee.
The fixed-term contract is extended (again by agreement of the parties and for a period not exceeding 5 years) by signing an additional agreement.
Such an employment contract is terminated at the end of its validity period, of which the employee is notified in writing at least 3 days in advance.
If no such warning is received and the employee continues to perform his work, then the contract becomes open-ended and can only be terminated on a general basis.
In turn, fixed-term employment contracts can be divided into the following:
- contracts with an absolutely definite duration. A similar agreement is concluded in the event of a person being elected to an elective position. So, for example, a fixed-term employment contract is signed with university rectors, deputies, governors and even the President, where the expiration date is clearly indicated;
- contracts with a relatively specific duration. They are concluded with persons hired to work in an organization that is obviously created to perform a certain amount of work, and the temporary nature of the organization is stated in its Charter. Such an agreement is terminated no earlier than the organization ceases to exist. An example of such an organization is an election headquarters, created for the duration of the election campaign and ceasing its activities at the end of it;
- conditionally fixed-term contracts. They are concluded with those who are hired for the position of a temporarily absent employee. For example, an employee is on parental leave or on a long business trip, and an employee is hired to replace him on a fixed-term contract.
All other reasons for concluding a fixed-term contract and the timing of their conclusion are specified in Art. 59 Labor Code of the Russian Federation.
For example, a fixed-term contract is concluded:
- for the duration of seasonal (up to 2 months) and temporary work;
- with employees sent to work abroad;
- to perform work outside the normal activities of the enterprise;
- in other cases.
A fixed-term employment contract by agreement of the parties is concluded:
- for carrying out urgent and emergency work;
- with pensioners and disabled people who are allowed only temporary work;
- in organizations working in the Far North;
- with creative workers;
- with ship crew members;
- with students;
- with part-time workers;
- in other cases established by law.
Based on the nature of the labor relationship, employment contracts are divided into:
- An employment contract concluded at the main job, assumes that the employee constantly works for a given employer during the working hours established for him. The employee's main job is kept.
- Employment contract for part-time workers. Part-time work means that an employee, under an employment contract, performs regularly paid work in his free time from his main job.
Such an employment contract must indicate that the work activity is a part-time job. The contract can be concluded both with the main employer (internal part-time job) and with a third party (external part-time job).
Employment contracts for part-time work can be concluded with an unlimited number of employers, except in cases provided for by law.
For example, athletes and coaches can become part-time workers only with the consent of the main employer.
The following agreements are also not permitted:
- with persons under 18 years of age;
- if the main job and part-time work are associated with dangerous, harmful or difficult conditions.
- Employment contract for temporary work occurs when the work is obviously temporary, but lasts no more than two months. For example, an accountant is hired to prepare an annual report. The probationary period for employment in this mode is not established. It is unlawful to hire an employee for temporary work if this position requires a permanent place of work.
- Employment contract for seasonal work consists if, due to natural conditions, work can only be carried out during a certain season. When concluding such an agreement, it is necessary to include a clause stating that the work is seasonal in nature and is included in the established List of Seasonal Work. An example would be snow removal and peat work.
- Employment contract with an individual employer has the right to exist if the employer uses hired labor for his personal needs (for example, a secretary, nanny, housekeeper, cook, etc.).
In this case, the employer draws up an employment contract (temporary or indefinite) in writing with mandatory registration with self-government bodies, pays all insurance premiums and tax payments for his employee.
- Employment contract with homeworkers, those. with persons performing work at home and for whom home work is not contraindicated, is concluded on a general basis.
The contract must clearly state what tools and materials will be used for home work and at whose expense they will be purchased.
The participation of family members of the homeworker may also be stipulated.
- Municipal service contract is also a type of employment contract, taking into account the fact that it is primarily regulated by special laws on certain types of state (municipal) service, and only then by the Labor Code. Such an agreement is signed, for example, with military personnel.
Depending on the size of the work performed, employment contracts are divided into:
- Employment contract for main job- consists in the event that an employee constantly works for a given employer, spends at the workplace all the time established by the employment contract, performing the full amount of work.
- Part-time employment contract- can be concluded if the employee already has a main job, but in his free time he can work part-time. The amount of work performed, specified in the employment contract, must be proportional (no more than 4 hours per day).
Part-time work must be distinguished from work in the form of combining professions (positions), as well as expanding the service area and increasing the amount of work.
When combining professions, the employee is added work in another profession (position), and when service areas are expanded, the employee carries out his usual main work, but with a greater load.
The difference between such work and part-time work is that it is performed at one’s main workplace and during the same working hours, and to register an employee for such work, a written additional agreement is concluded to the main employment contract.
According to the type of employer, employment contracts are divided into:
Employment contracts according to the criteria for the conditions of work performance are divided into:
- Employment contracts for work under normal (usual) conditions, those. According to the employment contract, the working day is normal and the work is not associated with dangerous and/or harmful working conditions.
- Employment contracts for night work- are concluded with employees whose working hours are set from 22:00 to 6:00 in the morning. According to Art. 96 of the Labor Code of the Russian Federation, the signing of such an agreement is not allowed with persons under 18 years of age.
An employment contract of this type can be signed with all other employees only with mutual consent. Basically, an employment contract with an established night work schedule is concluded for shift work, as well as creative work (employees of television and radio companies, theaters, etc.).
- An employment contract on performance or work in harmful (dangerous) conditions.
The list of harmful (hazardous) work is determined by the Government of the Russian Federation (Resolution No. 162 of February 25, 2000).
When applying for a job involving hazardous working conditions, it is imperative to take into account that the age of candidates must exceed 18 years, as well as the fact that women’s work in such conditions is legally limited (Article 253 of the Labor Code of the Russian Federation).
The agreement must specify reduced working hours as well as time for additional breaks. It is also necessary to remember about the mandatory medical examination before going to work. An example of such work would be work in a mine, in a hot shop.
- Employment contract for work in difficult climatic conditions according to Art. 324 of the Labor Code of the Russian Federation is signed if the potential employee has a conclusion from a medical organization permitting residence and work in such an area.
Most often, work in special climatic zones is carried out on a rotational basis (this is how you can work, for example, on drilling rigs), but it can also be permanent (medical workers, teachers).
VI. An example of an employment contract and its main points
Let's look at an example of a real employment contract with an explanation of the main points.
A cap
The header indicates the place and date of conclusion of the agreement, the full name of the parties, as well as on the basis of which documents they act.
Clause 1. Subject of the Employment Agreement
This paragraph indicates where and for what position the employee is being accepted, the place of work, the type of contract according to the nature of the employment relationship, the start date of work and the presence and duration of a probationary period.
Clause 2. Rights and obligations of the Employee
In the “Rights” subsection the basic rights of the Employee must be spelled out, including the right to rest; wages; for compensation for harm received in the performance of work duties; for social insurance; to additional rights provided for by internal regulations and the Labor Code.
In the “Responsibilities” subsection the main responsibilities of the Employee are indicated, including the performance of job duties; compliance with discipline, internal regulations and labor protection requirements; information about the relationship to the Employer’s property; non-disclosure of information; other duties specified in the Labor Code of the Russian Federation and regulatory documents of the company.
Clause 3. Rights and obligations of the Employer
In the “Rights” subsection the Employer's right to incentives is stated; to requirements to perform job duties; the right to hold the Employee accountable in accordance with the law; other rights that do not contradict the Labor Code of the Russian Federation.
In the “Responsibilities” subsection the Employer's obligations to comply with Labor legislation, internal company regulations and agreements are indicated; on providing the Employee with work and ensuring his safety; obligation to pay wages; To provide information; carry out social insurance; compensate for possible harm caused to the Employee and other obligations.
Clause 4. Working hours and rest time
This section specifies the weekly number of working days and weekly working hours; the number of vacation days and the procedure for providing it.
Clause 5. Remuneration
The official salary and types of compensation payments are indicated here.
Clause 6. Amendment and termination of the Employment contract, dispute resolution
This section specifies the procedure in which labor disputes will be resolved and changes will be made to the employment contract, as well as the date it comes into force.
Clause 7. Other terms of the Employment contract
Additional conditions are specified that are not included in the main clauses of the contract.
So, from the moment of its signing, an employment contract becomes an unambiguous and indisputable fact of establishing labor relations between the employer and the employee and acts as a guarantor of the implementation of labor laws in the event of ambiguous and controversial situations between the parties.
In this article we will talk in as much detail as possible about what forms and types of employment contracts exist, what part-time work is and what articles of the Labor Code of the Russian Federation regulate work under an employment contract.
An employment contract is a bilateral agreement concluded as a result of the emergence of rights and obligations between the employer and employee. Based on the employment contract (Article 56 of the Labor Code of the Russian Federation), the employee undertakes to perform his labor functions in accordance with the internal regulations existing in the organization, and the employer assumes the responsibility to provide certain conditions for work and timely and full payment.
Any changes to the employment contract related to the deterioration of working conditions and not complying with the provisions of the current labor legislation will entail (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Forms of employment contract
According to the general rule, prescribed in Article 67 of the Labor Code of the Russian Federation, all labor relations that arise between an employer and an employee must be formalized in writing. The content of the employment contract must include reliable information about the parties or their representatives, in particular, documents, terms of execution of the contract, details and other necessary information. The employment contract is drawn up in two copies (or in more copies, if provided for by the legislation of the Russian Federation) with the personal signature of all parties. The fact that the person being hired has received his copy of the employment contract is confirmed by his personal signature on the employer’s copy. If the hired employee is a person under 14 years of age, it is signed by his legal representative, in particular, one of the parents or guardian. Russian labor legislation provides for a special rule for the form of an employment contract, where the role of the employer is an individual who does not have the status of an individual entrepreneur. In accordance with Art. 303 of the Labor Code of the Russian Federation, the employer must notify the local government authorities at the place of its registration about the conclusion of the relevant agreement. However, the law does not establish the consequences that arise if this condition is not met and the impact of registration on the validity of the concluded employment contract. In accordance with the labor legislation of the Russian Federation, it is allowed for an employee to perform his or her job duties actually on behalf of or with the permission of the manager (or his representative), that is, under the conditions of implied actions that may indicate an agreed desire to enter into an agreement in the future. In this case, the employer is obliged, no later than 3 days from the date of the employee’s actual admission to work, to conclude an employment contract in writing on previously agreed terms.
Types of employment contract
According to Russian legislation, employment contracts are officially classified depending on their duration and are:
- fixed-term contracts (concluded for a certain period, but not more than 5 years);
- contracts that are concluded for an indefinite period.
In turn, fixed-term employment contracts provide for several types of contractual agreements, which are based on the reasons for termination of their validity:
- Employment contracts with an absolutely definite term (for example, election to an elective position with a fixed term).
- Employment contracts with a relatively specific period (usually concluded between an employee and the head of an organization created to perform certain functions).
- Employment contracts are conditionally fixed-term (concluded with employees temporarily replacing an absent person).
A fixed-term employment contract is concluded in cases of temporary or seasonal work (Part 1 of Article 59 of the Labor Code of the Russian Federation), that is, when the labor relationship is determined by the nature of the work and the conditions of its implementation. Also, Part 2 of Article 59 of the Labor Code of the Russian Federation provides for cases when a fixed-term employment contract can be concluded exclusively by agreement of all involved parties. Accordingly, an employer’s refusal to hire a person wishing to sign an employment contract for an indefinite period will be considered unlawful, except in cases where the refusal is based on the lack of professional and business qualities of the potential employee.
An employment contract is considered concluded for an indefinite period if its clauses do not contain information about the duration of this employment agreement. The absence of a demand from one of the parties to terminate a fixed-term employment contract due to the expiration of its validity period indicates that the condition on the fixed-term nature of the contract loses force and employment agreements arise for an indefinite period.
Types of employment contracts also include civil service contracts, however, it is worth noting that such labor agreements are regulated by special laws regulating certain types of civil services. Labor legislation does not contain labor law provisions regarding persons:
- military personnel in the performance of military service duties;
- working on the basis of contracts of a civil nature;
- members of boards of directors (supervisory boards) of organizations (except for persons who have entered into an employment contract with this organization).
In addition to the main types of employment contracts, there are a number of other criteria on the basis of which an employment agreement is concluded:
- by type of employer (with legal entities or individuals);
- according to the specifics of the employee’s legal status (with minors, with foreign citizens and stateless persons);
- by the nature of the conditions (work in normal conditions, at night, harmful/dangerous conditions, work in special climatic zones, etc.).
Employment contracts by volume of work performed
Russian labor legislation defines the classification of contracts concluded depending on the volume of work performed:
- main job agreement,
- part-time work agreement.
In turn, the agreement on the performance of the main work presupposes that the employee carries out work in full and in accordance with the internal regulations established at the enterprise. Working at the main place also requires a place to store the work book. An employment contract concluded for the performance of combined work (Chapter 44 of the Labor Code of the Russian Federation) provides for the employee to perform other functions with regular payment, in his free time from his main job. The duration of part-time working hours should not exceed 4 hours a day, that is, 1/2 of the total working time for the corresponding accounting period. A part-time employment contract can be internal (with the employer at the main place of work) and external (with the employer of a third-party organization). The conclusion of a part-time employment contract can be concluded with an unlimited number of employers, unless prohibited by law. For example, professional coaches and athletes have the right to enter into a contract for part-time work only on the basis of permission from the employer of the main job. Employment contracts concluded for part-time work should be distinguished from:
- combining positions - when an employee is offered to perform another job for additional pay during the same working hours, which are provided for in the main contract;
- expanding service areas and increasing the volume of work - when an employee performs his job functions with greater intensity.
Concluding an employment contract for part-time work is not permitted with persons under 18 years of age, as well as with persons working in hazardous/harmful working conditions, if the proposed combined work has similar characteristics.
What types of employment contracts are there with employees? Each type of employment relationship has its own characteristics and, accordingly, its own conditions in the employment contract. We talk about the types and types of employment contracts
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Concept and types of employment contracts
According to Russian labor legislation, an employment contract is concluded with all persons hired. It is signed between the employer and the employee before the latter goes to work.
But depending on future working conditions, the content of the contract may differ. Accordingly, the provisions in the contract are prescribed accordingly.
It is impossible not to enter into an agreement with an employee. This would be a violation of labor legislation (Article 56 of the Labor Code of the Russian Federation). The contract is the main document describing the working conditions, rights and responsibilities of the parties.
Like any agreement between the parties, an employment contract must contain mandatory details, such as the name of the employer, INN, KPP, registration address, full name on the employee’s side, passport details and registration address. In addition to the details of the parties, the text must include:
- place of work;
- job title;
- work start date;
- amount of earnings;
- working and rest conditions;
- nature of the work;
- other conditions.
The types of employment contracts in accordance with the Labor Code of the Russian Federation depend precisely on working conditions. So what types of terms of an employment contract does the law distinguish?
- First of all, of course, there is a difference in the terms for which the contract was signed.
- The difference is in the nature of the relationship.
- Depending on the type of employer.
- Differences in the legal status of the candidate.
- Depending on the working conditions at the workplace.
Let us note that it is worth distinguishing and not confusing the concepts of an employment contract (hereinafter referred to as TD) and a civil contract. The latter is not a type of TD, but is an independent form of relations between the parties, which does not have a labor function.
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Types of employment contracts by duration
One of the main conditions in the contract is the term. The types of employment contracts according to their duration are:
- unlimited;
If the term of the contract is not specified in its text, then by default it is considered to be concluded for an indefinite period. This type of work is permanent for the employee. And termination of the contract is possible on the grounds described in the Labor Code of the Russian Federation with the exception of clause 2 of Art. 77 of the Labor Code of the Russian Federation (expiration of the contract).
Fixed-term contracts are concluded for a certain period. This period must be described in the text. It can be specified as a specific end date (event) or a period of validity.
In addition to indicating the period itself, it is also necessary to indicate the grounds for its conclusion. After all, a fixed-term contract can only be concluded in certain cases. A detailed list is given in Art. 59 Labor Code of the Russian Federation. The above list of reasons is not exhaustive. A number of other grounds are found in other legislative acts.
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The Code establishes not only the possible grounds for signing a fixed-term contract, but also the terms for which it can be concluded. So the maximum duration of types of employment contracts is 5 years. Whereas the minimum duration is not specified and can start from 1 day.
Types of fixed-term employment contracts
Types of fixed-term employment contracts depend on the deadline for its completion:
- contracts with a specific end date;
- a contract with an end date upon the occurrence of a specified event.
The types of futures contracts directly follow from the reason for their conclusion. As we already wrote above, you cannot sign an urgent TD with any employee. For such an action, the employer must have compelling circumstances. All of them are given in Art. 59 Labor Code of the Russian Federation. This is how they are classified:
- performing the tasks of a temporarily absent employee (if he retains his job). A possible reason could be vacation, sick leave, maternity leave for a young mother, etc.;
- performing tasks that are temporary for the organization (no more than 2 months). Such work may include, for example, repair of a workshop;
- work abroad;
- performing tasks that are not the main activity of the company or work related to a temporary increase in production (no more than 1 year).
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In addition, in a number of cases, a contract may be concluded for a period by agreement of the parties:
- with pensioners by age;
- managers and chief accountants of companies;
- with workers in creative professions, etc.
For example, for seasonal work it is quite possible to determine the completion date of the work. Whereas when replacing an employee who is on sick leave, this is not possible. And then we can talk not about a specific date, but about the occurrence of an event. In our case, this is the recovery of the main employee.
Types of employment contracts by the nature of the relationship
What types of employment contracts are there based on the nature of the relationship?
First of all, it is worth highlighting the work of part-time workers. These are workers whose work is not the main one for this employer. This is work in your free time from your main job. Part-time work can be both external and internal. External involves attracting an employee working for another employer. Whereas internal is the attraction of an employee already working at your enterprise, but in a different capacity.
Data on part-time employment must be reflected in the TD. It is also advisable for such employees to prescribe a work schedule, because most likely it will differ from that established for the bulk of the team.
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By default, contracts are signed with the majority of personnel at their main place of work.
Labor contracts with temporary and seasonal workers will also be one of the types of contracts based on the nature of the relationship. Temporary work assumes that work will be carried out for a certain period or a certain type of work will be performed. An example would be the preparation of a reporting event based on the results of a project.
Whereas seasonal jobs are those that can be performed at certain times of the year. Most often, such work is used in resource extraction (cutting forests, extracting furs, berries, etc.).
Another type of TD is an agreement with homeworkers, that is, personnel performing work without leaving home, without visiting the employer’s office. And doing errands remotely.
And perhaps the last type of contract will be TD with civil servants. The rules for its conclusion are regulated by Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation.”
By type of employer
The types of employment contracts by type of employer are those concluded with:
- an individual;
The interaction between the employer and the employee begins after a written agreement on the agreements reached is signed -.
An employment contract is a document that regulates the rights and obligations of both the employer and the employee.
It stipulates what functions are assigned to the hired person, as well as in what working mode he will be required to work. The employer has an obligation to pay for the work performed in the agreed amount and to provide the employee with decent working conditions and timely rest.
Types of employment contracts are divided into categories that depend on the duration, the nature of the future labor relationship, and the type of employer. Each of them has its own characteristic features that must be taken into account when making a conclusion.
In the Russian Federation, labor regulation is carried out by various legal acts. The Labor Code of the Russian Federation occupies a leading position in this list; it spells out all the basic postulates that are mandatory for use in regulation between the employer and employees.
The third section of the Labor Code of the Russian Federation specifies what types of agreements exist, as well as what their features are.
The duration of the contracts varies as follows:
- , which are limited by strictly established time frames. This type of contract assumes a maximum duration of no more than five years.
- Indefinite, without established restrictions.
It is important that the employer does not have the choice to conclude this or that document. He is obliged to be guided exclusively by the clauses of the law, which stipulate when and in what cases a particular agreement can be concluded. Violation of established norms threatens the employer with administrative punishment.
Fixed-term contract
Employers - organizations
If the employer is a legal entity, then they enter into agreements with hired persons from a representative. The organization itself cannot carry out any actions, so it is always represented by an authorized person. The authorized person is the general director or manager. And in case of his absence, his official deputy or another person officially acting.
A director can represent the interests of a legal entity on two grounds:
- According to the Charter of the enterprise.
- By proxy.
Most often, powers are issued to the director through a power of attorney, which is renewed annually.
The power of attorney is official and notarized. Any agreement in its preamble contains information about the employing organization and the person representing it, as well as about the employee being hired.
Employers - individuals
The list of individuals who can be employers includes:
- Lawyers and notaries with private practice.
- Private individuals who hire mercenaries to perform the work of nurses, nannies, drivers, and cooks.
What types of employment contracts are there for individuals? An agreement concluded between two individuals is not very different from a document signed by a legal entity on one side.
Such contracts also stipulate:
- Responsibilities of the employee.
- Terms of payment.
- Reward amount.
- Special conditions that must be met (for example, confidentiality).
The agreement is drawn up in two copies and signed by both parties; its notarization is not necessary, although it is possible.
Contract on state (municipal) service
An employment contract and its various types are also concluded with civil servants. Such agreements have some distinctive features.
The main difference between a government contract is that the director enters into an agreement not on his own behalf, but on behalf of the body that he is authorized to represent.
A municipal employee enters into relations with a government body, and not with its specific representative. This conclusion procedure significantly affects further legal relations, which cannot be terminated at the request of a specific representative, but can only be terminated in the interests of the state body itself.
Otherwise, the agreement should provide for all the same aspects:
- Responsibilities of the hired employee.
- His work schedule.
- Salary.
- Method and time of payment.
- Rights and obligations of the parties.
In view of these features, it is legitimately believed that government contracts have a greater degree of protection of social guarantees than other agreements.
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