Obligatory conditions of the employment contract: 10 requirements

The working relationship between people at the legislative level is regulated by the Labor Code of the Russian Federation.

In one of his articles it is said that the cooperation between a hired employee and employing him can be fixed by means of a special contract.

Alas, nothing is said about its form, so an approximate one is used.

But you can find mandatory terms of the employment contract , which are important for entering into the document.

The employee who signs the agreement must ensure that they are included in the text, otherwise the employer can use the contract against you.

The employment contract and its mandatory conditions

Before going to the mandatory conditions of the employment contract( TD), it is not superfluous to find out what kind of document it is, why it is needed and what its content should be.

Such awareness will only play into your hands at the crucial moment.

What is an employment contract?

A legal document called an employment contract is a cooperation agreement that is voluntarily signed by a hired worker and the one who hires him.

The text prescribes the terms of cooperation, which are reduced to a simple scheme: the specialist performs a specific job and receives a salary for it.

An employment contract is needed in order to:

1. The cooperation agreement had legal force.
2. Delineate the rights and obligations of one and the other side of the agreement.
3. The wage worker understood what his duties were, what his schedule would be, where and how he would work, etc.
4. The employer remembered the rights of his employee and did not break promises: timely payment of wages, bonuses, rewards, social insurance, etc.
5. Each of the parties realized what not to do and how to behave, so that the contract was not terminated at the initiative of one of the interested parties.

TD must have a clear structure.

There are no specific requirements for registration in the code, but you can focus on the samples available on the network.

For example:

The contract is drawn up in writing( your oral agreements with the management will not have legal force, you can always lie: "I did not tell you this, but said it here") and in 2 copies.

Both you and the person who hires you must sign both copies. But I repeat: you need to sign something only after you read the text.

If you are not sure that you understand what the agreement is about in the agreement yourself, you can conduct a preliminary consultation with a lawyer or ask a representative of the company what you are hiring, clarifying questions.

What conditions should an employment contract have?

Each AP must consist of information and conditions.

It is not necessary to worry about the information - they will be the same in each of the agreements you signed, even with different companies.

Information is your name, identification number, copies of documents proving your identity, etc.

You need to focus on the terms of the contract.

Terms of the employment contract are:

1. Mandatory - without them, the TD can be considered invalid.

   What information is mandatory for the day of entering into the text of the contract is specified in the Labor Code.

2. Additional - are made on the initiative of the employer and in the absence of objections from the employee.

   This is rather a clarifying information about the circumstances or the place of your future work, material bonuses, management promises, your obligations, etc.

If there are no additional conditions in the contract, do not worry or get upset, then the employer does not have any additional information that he should bring to you.

Your business is to focus on the basic conditions and take care that they do not violate your rights as a wage worker and do not contain any additional responsibilities, which were not stipulated in advance and about which you learn, only after signing the paper.

Obligatory conditions of the employment contract - the basis of the

document It is extremely important for the recruiting party to carefully consider the preparation of the TD text.

As well as the employee, you should carefully study the mandatory conditions of the employment contract.

This is necessary in order to further reduce mutual claims to each other, minimize conflicts that may arise due to misunderstandings.

If the contract suits both parties and does not contain pitfalls, then, most likely, the cooperation will go as smoothly as possible and there will be no reasons for the early termination of the agreement at the request of some and if there are objections from others.

What are the mandatory conditions of the employment contract?

As already mentioned, special attention should be given in the text of the agreement to mandatory conditions, among which:

1. The place where the hired specialist will work.

If the company consists of several units( branches), then in the TD you need to specify in which of them a place for a new employee is prepared.

2. Function.

   Each specialist, when entering the staff, must perform some function, take up some position.

   Future functional responsibilities are usually described not in the TD itself, but in the job description with which you need to familiarize the employee.

3. A concrete day of taking office.

   This very day marks the beginning of the operation of an indefinite contract.

4. Working conditions.

   Where and how the subordinate will work, will any dangerous factors influence his work, what will be the nature of his activity( mobile, sedentary), etc.

5. Labor mode.

   Even before taking up the position, a specialist should know what the mode of his work will be.

   For example, a day - through three or from Monday to Friday from 9.00 to 18.00, or 2/2 days from 8.00 to 20.00.

   You should also specify the time for lunch, technical breaks, the number of days off, the time off, etc.

6. Conditions for basic remuneration for work.

   Each employee must be rewarded for his / her work with wages.

   It can be paid once a fortnight( down payment and salary) or at the end of each working week, or every day.

   By the way, payment of monetary compensation once a month is considered illegal.

   And, of course, delays in wages are considered a violation of the law without good reasons.

7. Circumstances of additional material compensation.

   For example, for an overfulfilled rate, a premium is placed at the end of the quarter. Or for going to work on a regular day off - double payment.

   Bonus is also used for working in difficult or dangerous conditions.

8. Presence / absence of a partnership.

   If you already have a basic place of work( where your work record book is kept in the personnel department) and you want to keep it for yourself for the time being, then you will work part-time at the firm you are applying to in the TD.

   In the contract, this must be specified.

9. Item on social insurance.

   A mandatory requirement for all employers that they do not want to violate the legislation of the Russian Federation.

10. Other requirements of , which do not contradict the Labor Code of the Russian Federation.

By signing the cooperation agreement, be sure to ensure that all the mandatory conditions have been entered into the text by the employer or his representative.

Feel free to ask for any changes.

If you are refused and advised to look for another job - do not despair: it is better to understand at the beginning of the path that you are dealing with an inadequate and dishonest employer than regretting the time spent and spoiling your own characteristics.

In case the management intentionally violated the conditions prescribed in the TD, you can write an application to the prosecutor's office to protect your legal labor rights.

What other conditions and information should be in the employment contract?

In addition to the mandatory conditions in the employment contract, there are additional. They are less important and vary depending on the type of company's activity, mode of operation, etc.

Not all employers contribute additional information to the TD.

Sometimes it is added after the text of the agreement has been drafted with the consent of both parties, sometimes - and do without it at all.

And yet it is worthwhile to know what you can face by signing the TD.

Additional terms of employment contract:

1. Trial period.

   Wanting to hedge against a negligent employee, the hiring party can add information about the probation period to the TD.

   There is nothing to worry about, the main thing is that this period should not be too long( no more than 3 months for ordinary employees, no more than six months for managers, subject to a contract for 1 year or more).

2. Non-disclosure clause.

   This is also a kind of insurance, only - from cunning competitors.

   By signing this agreement, you agree to keep in secret any information relating to your new work.

3. Other requirements.

   This can be, for example, the official transport or obligations that your new employer is taking to improve your housing situation, or additional insurance, for example, medical and other.

On how to terminate an employment contract, you can learn from the video:

Why is it so important to check the employment contract for mandatory conditions?

It seems that a smart girl Alena got a job in combination.

She already had one job, where her work book lay, but since there she worked only on 0,25 stakes, she reasonably judged why she could not find one more.

In the beauty salon located in the neighborhood, just needed an administrative girl for 2 days a week( Friday and Saturday).

The interview was successful, Alena was hired and signed an agreement.

To read its obligatory conditions the girl did not become - and the truth, what for, if everyone seems to have discussed with the future authorities at the interview.

As it turned out later, without paying 5 minutes to the reading of the document, she acted very recklessly.

At first everything went well - a clear schedule, simple duties.

The problems started after receiving the first salary: the girl received only 40% of the promised amount.

It turned out that in mandatory conditions TD has a clause that the first 3 months Alain will receive the student's rate, which is the very 40%.

That she did the full amount of work, no one was interested.

It became even worse: instead of two working days a week, the bosses began to demand 3, and sometimes - 4( all for the same money, naturally).

When Alena was indignant, she was immediately shown TD, where there was a fad that the schedule is floating and can change at the request of the authorities.

Tortured like this for six months, the girl quit.

Later, she learned that the conditions were not very legitimate, but Alain would not have sued her dishonest employer anyway.

But if I bother to read the mandatory conditions of the employment contract before signing it, I would not have spent half a year of my life on this job, but immediately found a place that would suit her more.

So, before signing the contract, be sure to read it, especially - the mandatory terms of the employment contract .

This will help you avoid a number of unpleasant surprises from dishonest leadership, which is not too sensitive to the labor legislation of the Russian Federation.