1. SUBJECT OF THE EMPLOYMENT CONTRACT
1.1. The employee is accepted to the Employer to perform work in a position in.
1.2. The employee is obliged to start work from "" 2019.
1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.
1.4. The work under this contract is the main one for the Employee.
1.5. The place of work of the Employee is at: .
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee reports directly to the General Director.
2.2. The employee is obliged:
2.2.1. Perform the following duties: .
2.2.2. Comply with the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their official duties specified in clause 2.2.1. of this employment contract.
2.2.3. Protect the property of the Employer, maintain confidentiality, not disclose information and information that is a trade secret of the Employer.
2.2.4. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without the permission of his management.
2.2.5. Comply with the requirements of labor protection, safety and industrial sanitation.
2.2.6. Contribute to the creation of a favorable business and moral climate at work.
2.3. The employer undertakes:
2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.
2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.
2.3.3. Pay for the work of the Employee in the amount established in clause 3.1. of this employment contract.
2.3.4. Pay bonuses, remuneration in the manner and on the terms established by the Employer, provide material assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.
2.3.5. Carry out compulsory social insurance of the Employee in accordance with the current legislation of the Russian Federation.
2.3.6. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.
2.3.7. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.
2.4. The employee has the following rights:
- the right to provide him with the work specified in clause 1.1. this employment contract;
- the right to timely and full payment of wages;
- the right to rest in accordance with the terms of this employment contract and the requirements of the law;
- other rights granted to employees by the Labor Code of the Russian Federation.
2.5. The employer has the right:
- encourage the Employee in the manner and in the amount provided for by this employment contract, the collective agreement, as well as the terms of the legislation of the Russian Federation;
- bring the Employee to disciplinary and material liability in cases provided for by the legislation of the Russian Federation;
- exercise other rights granted to him by the Labor Code of the Russian Federation.
3. CONDITIONS OF PAYMENT OF THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of rubles per month.
3.2. When performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays, etc. The employee receives the appropriate additional payments:
3.2.1. Weekend work and non-working holidays are paid double.
3.2.2. An employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or performs the duties of a temporarily absent employee without being released from his main job, is paid an additional payment for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the supplementary agreement to this contract.
3.2.3. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
3.3. Downtime due to the fault of the employer, if the Employee warned the employer in writing about the beginning of downtime, is paid in the amount of at least two thirds of the average salary of the Employee. Downtime for reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary). Downtime due to the fault of the Employee is not paid.
3.4. The conditions and amounts of payment by the Company to the Employee of incentives are established in the collective labor agreement.
3.5. The Employer pays wages to the Employee in accordance with the "Regulations on wages" in the following order: .
3.6. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4. MODE OF WORKING TIME AND REST TIME
4.1. The employee is set a five-day working week with a duration of 40 (forty) hours. Days off are Saturday and Sunday.
4.2. During the working day, the Employee is given a break for rest and meals from 1:00 to 10:00, which is not included in working hours.
4.3. Labor of the Employee according to the position specified in clause 1.1. contract is carried out under normal conditions.
4.4. An employee is granted annual leave of 28 calendar days. Leave for the first year of work is granted after six months of continuous work in the Company. In cases stipulated by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid holidays established in this Company .
4.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted a short-term leave without pay.
5. SOCIAL INSURANCE OF THE EMPLOYEE
5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.
6. WARRANTY AND REFUND
6.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.
7. RESPONSIBILITIES OF THE PARTIES
7.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.
7.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
7.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.
8. TERMINATION
8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.
8.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.
9. FINAL PROVISIONS
9.1. The terms of this employment contract are confidential and not subject to disclosure.
9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
9.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.
9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
Worker Registration: Postal address: Passport series: Number: Issued by: By: Phone:
11. SIGNATURES OF THE PARTIES
Employer _________________
Worker _________________
Please note that the employment contract is drawn up and verified by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.
in a person acting on the basis of , hereinafter referred to as " Employer”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Worker”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:1. SUBJECT OF THE EMPLOYMENT CONTRACT
1.1. The employee is accepted to the Employer to perform work in a position in.
1.2. The employee is obliged to start work from "" 2019.
1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.
1.4. The work under this contract is the main one for the Employee.
1.5. The place of work of the Employee is at: .
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee reports directly to the General Director.
2.2. The employee is obliged:
2.2.1. Perform the following duties: .
2.2.2. Comply with the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their official duties specified in clause 2.2.1. of this employment contract.
2.2.3. Protect the property of the Employer, maintain confidentiality, not disclose information and information that is a trade secret of the Employer.
2.2.4. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without the permission of his management.
2.2.5. Comply with the requirements of labor protection, safety and industrial sanitation.
2.2.6. Contribute to the creation of a favorable business and moral climate at work.
2.3. The employer undertakes:
2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.
2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.
2.3.3. Pay for the work of the Employee in the amount established in clause 3.1. of this employment contract.
2.3.4. Pay bonuses, remuneration in the manner and on the terms established by the Employer, provide material assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.
2.3.5. Carry out compulsory social insurance of the Employee in accordance with the current legislation of the Russian Federation.
2.3.6. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.
2.3.7. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.
2.4. The employee has the following rights:
- the right to provide him with the work specified in clause 1.1. this employment contract;
- the right to timely and full payment of wages;
- the right to rest in accordance with the terms of this employment contract and the requirements of the law;
- other rights granted to employees by the Labor Code of the Russian Federation.
2.5. The employer has the right:
- encourage the Employee in the manner and in the amount provided for by this employment contract, the collective agreement, as well as the terms of the legislation of the Russian Federation;
- bring the Employee to disciplinary and material liability in cases provided for by the legislation of the Russian Federation;
- exercise other rights granted to him by the Labor Code of the Russian Federation.
3. CONDITIONS OF PAYMENT OF THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of rubles per month.
3.2. When performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays, etc. The employee receives the appropriate additional payments:
3.2.1. Weekend work and non-working holidays are paid double.
3.2.2. An employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or performs the duties of a temporarily absent employee without being released from his main job, is paid an additional payment for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the supplementary agreement to this contract.
3.2.3. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
3.3. Downtime due to the fault of the employer, if the Employee warned the employer in writing about the beginning of downtime, is paid in the amount of at least two thirds of the average salary of the Employee. Downtime for reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary). Downtime due to the fault of the Employee is not paid.
3.4. The conditions and amounts of payment by the Company to the Employee of incentives are established in the collective labor agreement.
3.5. The Employer pays wages to the Employee in accordance with the "Regulations on wages" in the following order: .
3.6. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4. MODE OF WORKING TIME AND REST TIME
4.1. The employee is set a five-day working week with a duration of 40 (forty) hours. Days off are Saturday and Sunday.
4.2. During the working day, the Employee is given a break for rest and meals from 1:00 to 10:00, which is not included in working hours.
4.3. Labor of the Employee according to the position specified in clause 1.1. contract is carried out under normal conditions.
4.4. An employee is granted annual leave of 28 calendar days. Leave for the first year of work is granted after six months of continuous work in the Company. In cases stipulated by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid holidays established in this Company .
4.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted a short-term leave without pay.
5. SOCIAL INSURANCE OF THE EMPLOYEE
5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.
6. WARRANTY AND REFUND
6.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.
7. RESPONSIBILITIES OF THE PARTIES
7.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.
7.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
7.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.
8. TERMINATION
8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.
8.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.
9. FINAL PROVISIONS
9.1. The terms of this employment contract are confidential and not subject to disclosure.
9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
9.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.
9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
Worker Registration: Postal address: Passport series: Number: Issued by: By: Phone:
11. SIGNATURES OF THE PARTIES
Employer _________________
Worker _________________
Document file size: 27.1 kb
If the Company intends to take on a new employee, according to the law, it is obliged to conclude an employment contract with him. This type of contract implies a clear description of all aspects of cooperation between both parties.
The main provisions of the employment contract
First of all, the contract should indicate what position the employee is hired for, for what duties he is hired. Further, the Enterprise prescribes the period for which the contract is concluded with the Employee.
The next section of the agreement describes the position that the Employee occupies in the workforce of the Enterprise.
Main obligations of the parties
The enterprise must clearly prescribe the list of the main duties of the Employee. Also, at its discretion, the Company may include in this section of the contract certain results that it intends to receive from the employee for the period of his work. The following describes the basic requirements for the Employee and his job responsibilities.
In turn, the enterprise undertakes to provide the employee with decent working conditions, providing him with a workplace, providing him with special clothing and timely and full remuneration.
The procedure for remuneration, the amount of payments and the amount of possible incentives is prescribed by the Company in section 5 of this agreement.
Working hours and social guarantees
The Company undertakes to form a certain work schedule for the Employee, taking into account the time for rest and the annual main vacation. The Company also provides the employee with the possibility of social security and insurance for the entire period of work. The Employer may also indicate the possibility of providing the Employee with special benefits and services:
- payment of benefits;
- provision of spa treatment on an annual basis;
- provision of a service apartment.
The employee can also count on compensation in case of premature termination of the contract by the Company.
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EMPLOYMENT CONTRACT with employee No.
in a person acting on the basis of , hereinafter referred to as " Company", on the one hand, and a citizen, passport (series, number, issued) residing at the address, hereinafter referred to as " Worker”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. is hired by the enterprise as; to a position to perform work duties;
2. TERM OF THE CONTRACT
2.1. The contract is concluded between the Company and the Employee for a period of years and is valid from "" to "" years; For undefined period; for the duration of the performance of the work stipulated by this Contract (delete the unnecessary).
3. GENERAL CONDITIONS OF THE CONTRACT
3.1. By concluding this contract, the Employee takes into account that the Company is.
3.2. Performing his immediate labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.
3.3. The employee reports directly to the manager, as well as to the Director of the Enterprise.
3.4. The employee is a full member of the labor collective of the Enterprise, participates with the right of a decisive vote in the activities of its general meeting (conference).
3.5. The employee has the right to express his personal opinion on any issue of the Company's activities.
3.6. The employee has the right, if necessary, to get acquainted with the internal labor regulations of the Company, the collective agreement and labor legislation.
3.7. The employee is guaranteed the unhindered exercise of the right to join a trade union. Discrimination of an Employee in terms of time and rest time, remuneration and other essential working conditions due to his participation in a trade union is not allowed.
4. OBLIGATIONS OF THE PARTIES
4.1. The employee undertakes:
- perform the following work in accordance with their profession, specialty, qualification (position): ;
- during the term of the contract to achieve the following results;
- conscientiously, timely, at a high professional level and accurately fulfill their labor duties, comply with the internal labor regulations of the Company, use all working hours for productive work, refrain from actions that prevent other employees from fulfilling their labor duties;
- take care of the safety of equipment, raw materials, finished products and other property of the Company, as well as the property of other employees;
- timely and accurately execute the orders of the Director of the Enterprise and the immediate supervisor;
- by order of the Director of the enterprise to go on business trips;
- not to disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work;
- immediately notify the administration of the Enterprise about the violation of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.
4.2. The enterprise undertakes:
- provide the Employee with work in accordance with the terms of this Contract;
- provide the Employee with the working conditions necessary for the performance of his duties under this Contract, including providing the employee with the necessary technical and material means in good condition;
- equip the workplace of the Employee with the following equipment;
- provide the Employee with the following special clothing, special footwear and other personal protective equipment; organize proper care for these equipment;
- comply with labor laws and labor protection rules;
- ensure the terms of remuneration, norms of working time and rest time in accordance with this Contract and current legislation;
- to provide the Employee with an increase in qualifications and growth of professional skills at his own expense during the days of the year;
- ensure the safety of personal property, tools, vehicles of the employee on the territory of the enterprise;
- provide a car for business trips or pay compensation when using a personal car for official purposes in the following order;
- in the event of the death of the Employee or the onset of his disability in the performance of labor duties, continue to pay until the expiration of the contract to his family or to him the amount in the amount of the average earnings received by the Employee during the time of work under the Contract;
- ensure that the introduction of new machinery and equipment does not worsen working conditions; take the necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.
5. PAYMENT
5.1. For the conscientious performance of labor duties during the monthly norm of working time, the Employee is guaranteed the payment of an official salary (tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the index of the cost of living determined by the legislation.
5.2. The employee has the right to receive various allowances, additional payments, bonuses, and other remunerations based on the results of his activities in accordance with the remuneration system in force at the Company.
5.3. The employee is set the following remuneration based on the results of work for the month (quarter) according to the following indicators and in the amount of: .
5.4. The employee is paid remuneration based on the results of work for the year in the amount of rubles.
6. WORKING AND REST TIME
6.1. The employee is set a normalized (non-standardized) working day.
6.2. The monthly norm of working time is . Normal hours of work must not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at double the rate for each hour.
6.3. The time of the beginning and end of the working day, as well as a break for rest and meals, is determined by the Internal Labor Regulations of the Enterprise and the orders of the managers.
6.4. The normal duration of the working week, as a rule, should not exceed 41 (20.5) hours per week. Overtime work in excess of the normal working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Company.
6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but at the same time, the working hours for the accounting period (month) should not exceed the normal number of working hours (hours).
6.6. Night time is considered from 10 pm to 6 am. Night work is paid at half the rate.
7. VACATION
7.1. The employee has the right to annual basic leave lasting calendar days. Depending on the results of the work, he may be granted additional leave. Financial assistance in the amount of rubles is paid for annual leave.
8. SOCIAL INSURANCE AND SOCIAL SECURITY
8.1. The Employee during the period of the Contract is subject to social insurance and social security in accordance with the current legislation on labor and social security.
8.2. In case of permanent disability (disability) as a result of an accident at work, the employee is paid in addition to the one-time allowance established by law in the amount of salaries.
8.3. In case of disability due to illness or as a result of an accident not related to production, the Employee is paid a lump-sum allowance in the amount of salaries.
8.4. In the event of the death of the Employee during the period of the contract, his family is paid in addition to the allowance established by law in the amount of salaries.
8.5. In case of temporary disability, the employee is paid the cost of medicines and paid services of medical institutions, in the amount of .
9. WELFARE SERVICE
9.1. Social services for the Employee are carried out by the management of the Company in accordance with the decision of the general meeting of the labor collective and at the expense of funds allocated for these purposes.
9.2. The employee is provided with the following services and benefits for social services that are not established by applicable law:
- payment of a one-time allowance for annual leave in the amount of;
- annual provision to the Employee and members of his family of vouchers to a sanatorium or rest home with payment by the employee of % of the cost of the voucher;
- provision of an apartment to the Employee on the terms of .
10. MODIFICATION, EXTENSION AND TERMINATION OF THE CONTRACT
10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.
10.2. Upon expiration of the Contract, it shall be terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested its termination. In this case, the Contract is extended for the same period and with the same conditions.
10.3. The contract is subject to early termination at the initiative of the Employee in the event of:
- his illness or disability preventing the performance of work under the Contract;
- violation by the management of the Enterprise of labor legislation or this Contract;
- other good reasons;
10.4. The contract before its expiration may be terminated at the initiative of the Company for the following reasons:
- changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
- discovered inconsistency of the Employee with the work performed in the absence of guilty actions on his part;
- guilty actions of the Employee (systematic non-fulfillment of labor duties without valid reasons, absenteeism, appearing at work in a state of intoxication and other violations of labor discipline, disclosure of trade secrets, violation of clauses 12.3 of this Contract, theft, etc.).
10.5. Dismissal at the initiative of the Company is carried out on the basis of the relevant conclusion of the head of the structural unit of the Company, while observing the requirements of labor legislation.
11. COMPENSATION AT THE TERMINATION OF THE CONTRACT
11.1. Upon termination of the Contract on the grounds provided for in paragraphs 10.3 and 10.4, the Employee is paid a severance pay in the amount of the average monthly salary. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains the average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he registered with the employment service as a job seeker within 10 calendar days after dismissal .
11.2. Subject to the termination of the contract (for valid reasons), along with the payments provided for by the current legislation and this Contract, the Employee is also paid a one-time allowance in the amount of rubles.
12. SPECIAL CONDITIONS
12.1. The enterprise serves as the main place of work for the Employee; The employee is hired at the Enterprise on a part-time basis (strike out the unnecessary).
12.2. Labor functions that do not follow from this Contract may be carried out by the Employee within the Company only with the consent of the head of the structural unit and the director of the Company.
12.3. The Employee does not have the right to perform work under contracts with other enterprises and organizations related to this Contract, as well as to engage in any other type of activity in other enterprises and organizations if this may cause economic or other damage to the Enterprise. Failure to comply with this paragraph is sufficient grounds for the dismissal of the Employee.
12.4. The Enterprise pays the Employee within days after the conclusion of the Contract a one-time allowance in the amount of rubles. The allowance is not a form of remuneration.
12.5. The enterprise pays the Employee rubles on a monthly basis.
12.6. All materials created with the participation of the Employee and on the instructions of the Company are the property of the Company.
12.7. The Parties undertake not to disclose the terms of this Contact without mutual consent.
12.8. The terms of this Contract may be changed only by agreement of the parties.
12.9. The Parties are responsible for the fulfillment of obligations under this Contract in accordance with applicable law.
12.10. Disputes arising between the parties to the Contract shall be resolved in accordance with the procedure established by the current legislation.
12.11. In all other respects not provided for by this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.
13. OTHER TERMS
13.1. This Contract is made in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Enterprise, certified by the seal of the latter.
14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
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The employment contract of an employee with an employer is far from the first in a series of documents that give legitimacy to the employee's stay in his place. First you need to write ; when the relationship of the parties comes to an end, a dismissal order is issued. But still, an employment contract is a defining document: it is he who allows the employee to understand what he will do for an indefinite time, and the employer to protect himself from possible claims and litigation.
Usually, an employment contract is a document that is more extensive and complex in composition than an order for employment or about. Here it is required not only to enter the surname, personnel number and position of the specialist in the required fields, but to present (concisely and clearly) working conditions, the availability of social guarantees and the duration of rest periods. Below it will be described in what sequence the document should be filled out and where to download the form and sample for editing in MS Word for free.
How is an employment contract filled out with an employee?
Like any document relating to the relationship between two or more parties, an employment contract must be drawn up in two copies: one is given to the employee, the second remains in the personnel department of the employing organization. The same applies to: if they are concluded, a specialist must certainly have one copy.
Important: in order to simplify the work of individual entrepreneurs and companies with less than fifteen employees and an income not exceeding 120 million rubles a year, the legislator from the beginning of 2017 allowed them to apply a special form of employment contract, which does not contain references to internal acts of the company regarding the amount of wages, the duration of rest periods provided to employees and other points regulated by the policy of the enterprise.
Like, an employment contract is drawn up in a certain form that meets the requirements of the law. At the same time, there is no unified form: each employer has the right to modify the document in accordance with their needs, taking a universal form as a sample.
In total, the employment contract consists of nine separate blocks, each of which can be edited both in conjunction with others and independently, if the amended provisions do not affect other parts. This is the fundamental difference between a document and a document that is one simple table.
The procedure for filling out an employment contract:
- In the preamble of the document the full official name of the employing company, as well as the surname, name and patronymic of the person entering the job are displayed. No more data in this section is required to be given: the contacts and details of the parties will be found later in the text; This information does not affect the subject matter of the contract.
- In the second block you need to indicate the date the employee was hired, his position (when combined, several contracts are drawn up, even if the employee performs identical functions) and the division of the company in which he will work.
- In the third block- list the main working conditions, including the length of the working day and lunch break, the number of days of rest and social guarantees.
- In the fourth block- the composition (for example, a fixed part plus an allowance depending on the quality of the work performed) of wages and the procedure for calculating it. For example, salaries must be paid to employees at least once every half a month and no later than certain dates.
- Fifth block employment contract - usually the most extensive. It should list the rights and obligations of the parties to the agreement: the employee and the employer.
- In the sixth block contain the organization's requirements for confidentiality and secrecy. Here you should prescribe the procedure for the employee to deal with undisclosed information from the first day of work, during vacation, before and after dismissal. To further protect themselves, the employer may offer the specialist to sign a non-disclosure agreement; however, as judicial practice shows, neither the provisions in the employment contract, nor the subscription of a positive result almost bring. The question, as before, is exclusively in the conscientiousness of the employee.
- in the seventh block employment contract, it is necessary to consider the procedure for resolving disputes between the parties. Usually, the compilers do not offer anything supernatural and simply refer the reader to the norms of labor legislation. There are pluses in this: in the event of a conflict, the employee can, without delving into the legal aspects of the document, contact law enforcement officials, the prosecutor's office or file a lawsuit in court, which theoretically should make the relationship between the employee and the employer more transparent.
- in the eighth block- other conditions and requirements are given. Of course, they should not contradict federal and regional laws, so it is not worth trying to prescribe a 15-hour working day and wages below the minimum in the “additional” section. But to mention the possibility of using a relaxation room or a gym at certain hours would be nice.
- Ninth block The employment contract must contain the signatures of the parties (the employee and the head of the enterprise or division) and the seal of the organization.
Important: since all copies of the employment contract must be signed by both parties, it will not work to certify the document with an EDS. In any case, it will have to be printed and signed in the usual manner.
Download the form of an employment contract with an employee
You can download the employment contract form for filling in Microsoft Word from the link above.
An agreement between an employer and an employee - sample
You can download an example of a correctly drawn up and completed employment contract from the link above.
Summing up
The employment contract is drawn up in two copies - for the employer and the employee. The document must be signed by both parties and certified by the seal or stamp of the organization; There is no point in using EDS in this case. In the future, one copy is kept by a hired specialist, and the second - in the personnel department; later it is transferred to the archive.
An employment contract between an employee and an employer consists of nine parts. You can download the form and a sample of filling out a document for working in Word using the links above.
A completed sample employment contract with various categories of employees, available for download, you will find in this article. Using specific examples, we will show how to fill out the document correctly, taking into account the requirements of the law and business etiquette.
The legislation does not provide for a unified form of an employment contract. It is compiled in any form.
Sample employment contracts
Expert comment
If there are no mandatory conditions in the employment contract or a mistake is made in them, you can be fined. The cost of a mistake for the company is 50,000 rubles. It will cost the director at least 5,000 rubles. We will protect you from fines. The BukhSoft program generates employment contracts automatically. Moreover, it takes into account the specifics of the work of a specialist in any profession. With our program, you can be confident in every paragraph of this document.
Sample of filling out an employment contract
How to fill out an employment contract
The form of the contract must contain the mandatory details specified in Ch. 10, 11 of the Labor Code of the Russian Federation. However, it will not be considered non-concluded if these details are missing. However, the document needs to be amended.
The document is drawn up in two copies - one copy for the employee and the employer. Both copies are signed by the future employee and the employer or his authorized representative (part 1 of article 67 of the Labor Code of the Russian Federation).
Please note that the position of the employee in the contract must correspond to the position indicated in the staffing table. Otherwise, labor inspectors may impose a fine in the amount (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation):
- for legal entities - from 30,000 to 50,000 rubles;
- for officials - from 1000 to 5000 rubles.
In case of repeated violation, the fine increases for companies - from 50,000 to 70,000 rubles, for their managers and officials - from 10,000 to 20,000 rubles. Also, these persons may be disqualified for a period of 1 to 3 years.
Do not include terms in the employment contract that limit or reduce the employee's guarantees. The organization can be punished under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.
Such conditions include exceeding the probationary period by more than three months, except for:
- company directors and their deputies;
- chief accountants and their deputies;
- management of branches and representative offices.
For these persons, the probationary period may not exceed six months (Article 70 of the Labor Code of the Russian Federation).
The contract cannot include conditions for reducing vacation, extending working hours with a shortened working week, prohibiting being a part-time job, etc.
