Labor contractNovember 22, 2020
An employment contract is a written agreement between the employee and the employer. This document is accompanied by official employment, and upon dismissal, it is terminated. In this article, we will analyze in detail all the nuances of an employment contract: what is it for and how to issue it.
The essence of the employment contract
The labor contract contains the rights and obligations of both the employee and the employer. This is necessary to ensure stability and protect their rights. With the help of this document, the employee can be sure that he will be paid his wages promptly and in full, that the conditions and schedule of his work will comply with the law. The employer, in turn, receives a guarantee that the person he has hired will work stably at the enterprise (or personally for it) under the rules established by him during the term of the contract. Working on parole is risky for both parties.
The document is signed in two copies, one of which is given to the employee, and the second remains with the employer. If for some reason, the start date of work is not indicated in the contract (although this is a mandatory clause), the employee must start his duties the next day after signing. Otherwise, the employer can cancel the document.
Interesting: if the contract has not been concluded, and the employee has already begun to perform his duties, the employer must offer a document for signature within 3 days. If he does not do this, legally the employment contract is considered concluded anyway since the employment relationship has already begun.
In case of disputes under the contract, you must contact the labor inspectorate, the labor dispute commission, or the court.
Parties to the employment contract
An employee is always an individual. An employer can be:
- legal entity – in this case, an authorized person signs the contract;
- individual – a person who does not run a business and is not registered as an individual entrepreneur, but who needs some services;
- individual entrepreneur (individual entrepreneur).
An employee can enter into an employment contract from the age of 16, with some exceptions. For example, at the age of 15, provided that you receive a general education, you can perform light work that does not harm your health. At the age of 14, it is also possible to start working officially, subject to the consent of parents and guardianship authorities (in this case, the work should be easy and not dangerous).
Only adults are hired for part-time jobs, civil service, religious organizations, and enterprises with harmful or hazardous working conditions.
Conclusion of an employment contract
The following documents are required from the employee:
- passport or another identity document;
- workbook (if this is not the first job);
- educational documents.
If a person is liable for military service, a military registration document will also be required from him. Minors will additionally need a medical certificate. It is also needed to work in certain areas (for example, in medical or food). Besides, the employer has the right to request a criminal record. Certain positions require an income statement (for example, judges).
Content of the employment contract
The document must contain the following information:
- Place and date of signing the contract.
- F. Name of the employee.
- Company name (if the employer is a legal entity) or full name (if an individual or individual entrepreneur).
- Information about who signs the contract on behalf of the employer, and the basis (document) on which he was granted such authority (if the employer is a legal entity).
- Passport data of the employee.
- TIN of the company or entrepreneur.
Mandatory terms of the employment contract
- Place of work (name of the employer, a locality in which the employee will perform his / her labor duties).
- Title of position, type of work assigned to a new employee.
- Start date.
- Amount of wages, allowances, bonuses, and other incentive payments.
- Schedule of work and rest.
- Warranties and compensations for work in hazardous/hazardous production.
- Class of working conditions in the workplace (hazardous, harmful, permissible).
- Nature of work (traveling, on the road, mobile).
- Conditions of compulsory insurance of an employee.
If a fixed-term employment contract is concluded, then the validity period of the document (no more than 5 years) and the reasons for its conclusion are indicated: for example, seasonal work, a specific project, replacement of a temporarily absent employee, and so on.
If any of this data is missing from the contract, this is not a basis for termination. In this case, the missing information is added to the document itself, and the missing mandatory conditions are added to the annex to it.
Termination of an employment contract
At the initiative of the employee.
An employee submits a letter of resignation of his own free will no later than 2 weeks before dismissal. In some cases, this period is reduced or canceled altogether, if, for example, this is a dismissal due to a move.
By agreement of the parties.
The employee and the employer agree and terminate the contract with the possibility of paying severance pay.
At the end of the term.
This terminates a fixed-term employment contract.
At the initiative of the employer.
If the employee has not passed the probationary period or committed disciplinary action, the employer has the right to terminate the employment.
For fatal mistakes in the conclusion.
For example, if a person is prohibited by the court from occupying certain positions, but he concealed this fact and entered into an agreement on acceptance for such a position. In this case, the contract is canceled.