What is an employment contract and why should it be formalized?

Labor legislation in our country is regulated by a set of clear rules and documents, but, alas, employers( and often employees themselves) violate these same rules.

For example, when an employee is not officially registered in an office, and therefore neither he nor the employer pay taxes.

Not everyone you work with can be taken to the staff, but every employer must know, what is the employment contract of .

So why not formalize with it the official relationship with the employee?

This helps to avoid a number of problems during inspections of government agencies.

What is an employment contract and what should be its content?

The relationship between the employer and the employee should be legalized and fixed with the help of an official document, which, in fact, is the employment contract( TD).

You can choose the profession, specialty and place of work.

And you have the right to choose the type of cooperation with your employer.

If for some reason you do not want to enter the company's staff, you can limit the cooperation with the TD with it, to fix your relationships at the legislative level and protect your rights.

An employment contract - what is it?

An employment contract is an official document that is signed by two parties: the hired worker and the hiring.

This contract regulates the working relations of the two parties.

The agreement necessarily prescribes the rights and obligations of the two parties, which should suit everyone. Require changes after signing the TD - it is illegal.

The employee undertakes:

• to perform the specified amount of work, which corresponds to his position;
• not to violate the work schedule and adhere to the work schedule;
• does not violate work discipline, etc.

In turn, the employer undertakes:

• to pay wages fully and without delay;
• does not violate the rights of its employee;
• does not require you to perform more than specified in the job description, etc.

Having entered the service in the company, it is very important to sign a labor agreement, because otherwise you, as an employee, will not be protected by the legislation of your country, you can not increase your insurance experience, you can be dismissed at any time without explaining the reasons, reduce your salary, fineetc.

Of course, it would be unfair to say that all employees who have signed the necessary papers, and even those that are in the state, are so protected by law and feel safe.

Owners of private companies take care primarily about their interests, and only then think about the interests of their employees.

But it is better to regulate the relations between the two parties with the help of a legal document.

So do reasonable people that care about their future!

Multiple TD samples:

What should the employment contract cover as a document?

Since the employment contract is a legal document, it has a clear content that can not be derogated from:

1. Full name of both parties( if the employer is a legal entity, you must specify the company name in the TD).
2. Information about the documents that confirm the identity of one and the other side.
3. The identification number is for the Tax Service.
4. Information about who provides the employer( for example, the head of the company).
5. The column for the date and place where the AP was located.

Of course, this is far from all the information that should be available in this paper.

It is extremely important to specify the rights and obligations of participants, which both the employer and the employee undertake not to violate, so that there is no reason for early termination of the document.

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An employment contract must cover the following conditions:

1. Where exactly the slave will work.

   For example, if a company has several offices and divisions, then you need to specify in which the new employee with whom the TD is going to work.

2. Job title or amount of work, what to do.

   The employee must accurately understand what kind of position he occupies, as well as the functions and scope of duties that he will perform in this position.

3. Date , which marks the entry into office - that is, the day in which a new specialist should start work.

4. Working conditions.

   If it is a particularly difficult or dangerous situation for a specialist, all this should be indicated in the document.

5. The amount of wages and terms of cash payments.

   Each employee before the inauguration of duty must be informed how much money he will receive, how( by one or several payments) will be paid.

6. Dimensions of compensation , for example, for irregular working hours, particularly difficult working conditions, etc.
7. Working schedule : working hours, lunch break, number of working days per week, weekends, holidays, etc.
8. Information about social insurance, which is required, according to the legislation of the Russian Federation, for all employees.

9. Information on the nature of the work.

   For example, activities require frequent travel or you will have to constantly stay in motion.

10. Other operating conditions of , which do not contradict the legislation of the Russian Federation.

By agreement of the parties, other information may be included in the TD:

• non-disclosure by an employee of a production secret;
• availability of medical or other insurance;
• terms of training( for example, 2 months - the period of study, which is paid 50% of the specified salary);
• probation period;
• obligations that the employer incurs( for example, he promises service transport or service housing to his subordinate);
• possibility of increasing wages, etc.

What kind of labor contract?

Classification of the employment contract of the agreement is a rather complicated procedure considering several kinds of factors.

Each employee signing the TD must be familiarized with the types of this document.

What is a fixed-term employment contract and what does an indefinite document look like?

The simplest and most comprehensible classification of TDs is the presence / absence of terms for which it is drawn up.

In connection with this factor, two types of labor contract are singled out:

1. Urgent.

   That is, the employer establishes specific terms for which the employee hires, for example: 1 year, summer period, for the harvest season, for the period of repair work, etc.

2. Unlimited.

   When it is difficult to determine the time of cooperation between the employee and the employer, enter into an indefinite document.

   It is interrupted either by agreement of the parties, or after the completion of the work specified in the agreement in full.

   The validity of an indefinite TD can not be longer than 5 years.

There is also a form of a fixed-term contract, it differs somewhat from the classical one.

Features of working relationships affect the type of employment contract

Do not think that the labor contract with you, as an employee can conclude only when you will work directly in the office and full time.

APs are signed with all:

• freelancers who do a specific amount of work directly at home;

• temporary workers that are hired when there is more responsibilities.

  For example, many farms are doing this by hiring seasonal workers in the summer);

• by those who will work part-time in several companies, etc.

It is customary to distinguish labor contracts by the nature of the working relationship:

There should be no discrimination against any of the applicants.

In your power to demand the conclusion of one type of TD on the nature of the employment relationship.

If the owner denies you this right, you can complain about it to the Trade Union, the Social Security Fund or - to look for a position in the company where the legislation is valued.

The employment contract and the scope of the duties performed - how is this related?

Today, many people practice this kind of activity, as part-time because they want to earn more money.

Compatibility - not a hindrance in order to formalize a contract with the employee.

Just in the TD specifies a certain amount of work that you undertake to perform in your free time.

The main place of work is where your work book is stored, and here you too can work on TD.

In the document that you sign with the company, you must specify that you will work here in combination, and also specify how much time you are going to devote to your work.

Usually it is 4 hours a day or half hourly rate, but only if at this time you are free from your main activity.

The beauty of compatibility is that you can conclude an AP with an unlimited number of employees, unless, of course, this does not violate Russian law.

The main thing is that you have enough time and energy for all these positions.

The employment contract can not be concurrently concluded by:

• young men and women who are under 18 years of age;
• people who work in difficult or dangerous conditions;
• those who already work more than the labor law allows;
• government of the country;
• decided to choose the profession of a judge, prosecutor, civil servant.

The owner of the company, which gives you the main place of business, can not forbid you to register the TD in combination with another owner.

As well as the other party that hires you for part time work, you can not refuse when you ask officially to legalize your relationship with the help of TD.

And yet, how should the employment contract look like? On the pros and cons of this document, see in the video:

How to make out an employment contract and what can it terminate?

Two copies of the TD are made, which are then signed by both parties.

If one of the parties does not sign the paper, it is considered void and has no legal effect.

Before signing, you should carefully study the text in order to avoid unpleasant surprises for yourself.

And also to discuss in advance with the head of the conditions of their activities, schedule, salary and other features of the activity.

After the TD is signed, the employee can start working.

Usually in the contract indicates the date, which is considered the official day of employment of a specialist, but the manager can do the same in another way: give a physical access to the start of activity until the officially indicated date.

Only the person authorized to do so can issue such a permit.

If this duty was incurred by a staff member who did not have the right to do so, he did not consult with the authorities beforehand, then this person should be punished( for example, fine, demotion or dismissal), which acted inappropriately.

The activity of a specialist who started work earlier than indicated in the TD, after trusting a colleague, should still be paid for.

Official paper loses its validity when the term for which it was concluded expires.

But the contract can be terminated either by agreement of both parties, or at the initiative of one of the parties, when the other violates the conditions described in the document.

Terms of termination TH:

Knowing, what is the employment contract , you will understand how to properly protect your rights from dishonest employers and why it is so important to require the execution of this document before you start working.