The employer and employee relationship should be decorated. It protects and empowers both parties. Unformed labor relations are a violation of the labor legislation of the Russian Federation. For this threatens administrative responsibility.
The rules for the conclusion of the employment contract are united for employers and employees. The latter should be more vigilant when making a contract. How to make an agreement when working to work in order to maximize your rights, further, in our article.
Types of labor contracts
Before designing an employee, the employer must answer for himself on a number of questions. How long is the employee? What are his job responsibilities? Appointed or not to this post probationary period? Potential worker - Resident of the Russian Federation or a foreigner? Answers to these questions will be prompting which contract must be concluded.
- urgent and indefinite, temporary. The urgent contract is signed by the duration of work up to 5 years. In indefinite, it does not indicate the date of its completion. Temporary - for up to one year.
- with probation and without. The duration of the test period is spelled out in the Labor Code of the Russian Federation. For ordinary employees, it is 3 months. By decision of the head, if the employee in the first months showed his high professional skills, can be reduced. Over 3 months to set tests is prohibited. Tests at 6 months are employees in high responsibility posts - the main accountants, executives, director.
- for citizens of the Russian Federation and non-residents. In the employment of migrants, the prerequisite is to have permission to work in the territory of the Russian Federation. His absence entails fines for the enterprise, deportation of migrants.
Structure of the employment contract
The document has a common form and additional items depending on its species, individual agreements between the parties.
- The cap - indicates the data of the parties - the full legal name of the enterprise, in the person of whom it concludes a contract (indicate the FIO of the Commissioner, most often this is director), FULL NAME employee.
- The subject of the contract - includes a description of the main agreements on work. Her essence, duties of the parties.
- Term of the contract.
- Payment Terms - Section must include not only the size of the bets, and the description of the entire motivational system - premiums and fines.
- Work time mode.
- The rights and obligations of the employee.
- The rights and obligations of the employer.
- Insurance conditions.
- Warranties and compensation.
- Responsibility of the parties.
- Termination of the contract.
- Final provisions.
- Details of the parties.
TD with a trial period of 3 months
Mandatory Terms of Labor Contract
The document of the document must include a number of data that are prescribed in the Labor Code as a fundamental legal force and the corresponding essence of the Treaty type. These include:
- Employee destination indicating his name, names of the structural unit, workshop, department, other).
- The profession on which the employee is accepted, the full name of his position, qualifications (for the working profession).
- Clarification of the contract type is the main or this work part-time.
- Specifying the type of contract - urgent, indefinite, to fulfill a certain type of work. Its period - put the dates of the beginning and end of the action of the document.
- Mark on the appointment / absence of the test period.
- In the obligation of the employee, lists the basic functional requirements for its work. The obligation of the enterprise for the organization of the work of the employee - describes the highlights in the arrangement of the employee's work.
- Responsibilities to ensure the working conditions of the employee - the item includes information on security, whether the work is hard, harmful, night, non-nomed.
- Installed operating mode.
- The size of the salary per month / hour, the surcharge - in rubles,% to the salary.
- The number of days of vacation is the main and optional.
- Other conditions achieved by the parties on the interview.
Additional conditions of employment contract
They fit at the end of the basic text of the document if the contract is drawn up independently, may be included as individual clauses on the text of the contract. Additional conditions include compliance with official, commercial secrets, agreed insurance conditions, training at the expense of the company, improve housing conditions.
For employees with increased responsibility in high positions, the dismissal procedure, the procedure for the transfer of cases separately describes.
When a contract is considered prisoner?
The moment of concluding the contract is to install on it of the signatures of two sides. The signature date of the second party should be an identical date specified in the contract as the beginning of the action of labor agreements. The employee has the right to begin to work without paper design in the presence of permission of an authorized person. But, by law, the contract must be concluded in a three-day after that time. The document is drawn up in two copies. The second option is given to the employee. The fact that he is in his arms, put a signature on an employer instance.
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