Mistakes of the employer in the execution of employment contracts. What can not be included in the employment contract. What can an employment contract look like in practice and according to the law Obligation to conclude an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen years.

In cases of receiving general education, or continuing to master the main general education program of general education in a form of education other than full-time, or leaving a general education institution in accordance with federal law, an employment contract may be concluded by persons who have reached the age of fifteen to perform light work that does not cause harm their health.

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 194-FZ of 21.07.2007, No. 309-FZ of 01.12.2007)

With the consent of one of the parents (trustee) and the body of guardianship and guardianship, an employment contract may be concluded with a student who has reached the age of fourteen years, to perform light work in his free time from school that does not harm his health and does not violate the learning process.

In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance (exhibition ) works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permission of the body of guardianship and guardianship shall indicate the maximum allowable duration of daily work and other conditions under which work can be performed.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 64. Guarantees when concluding an employment contract

An unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including (including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, is not allowed, except for cases provided for by federal law.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by transfer from another employer within one month from the date of dismissal from their previous place of work.

At the request of the person who was refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing.

Refusal to conclude an employment contract may be appealed in court.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 64.1. Conditions for concluding an employment contract with former state and municipal employees

(as amended by Federal Law No. 329-FZ of November 21, 2011)

Citizens who have held positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, have the right to fill positions in organizations if certain functions of state management of these organizations were included in official (service) duties state or municipal employee, only with the consent of the relevant commission for compliance with the requirements for official conduct of state or municipal employees and the settlement of conflicts of interest, which is given in the manner established by the regulatory legal acts of the Russian Federation.

Citizens who have held positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, are obliged, when concluding employment contracts, to inform the employer of information about the last place of service.

The employer, when concluding an employment contract with citizens who have filled positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, is obliged to report the conclusion of such an agreement to the representative of the employer (employer) within ten days state or municipal employee at the last place of his service in the manner established by the regulatory legal acts of the Russian Federation.

Article 65. Documents presented at the conclusion of an employment contract

When concluding an employment contract, a person entering a job presents to the employer:

passport or other identity document;

a work book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time job;

insurance certificate of state pension insurance;

military registration documents - for those liable for military service and persons subject to conscription for military service;

a document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;

a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, to the implementation of which, in accordance with this Code, other federal law, persons who have or had a criminal record, who are or have been subjected to criminal prosecution, are not allowed.

(paragraph introduced by Federal Law No. 387-FZ of December 23, 2010)

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to demand from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the employer.

If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

(Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 66

The work book of the established form is the main document on the work activity and work experience of the employee.

The form, procedure for maintaining and storing work books, as well as the procedure for preparing blank work books and providing employers with them, are established by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

The employer (with the exception of employers who are natural persons who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee.

The work book contains information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for terminating the employment contract and information about awards for success in work. Information about penalties in the work book is not entered, except in cases where dismissal is a disciplinary sanction.

At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

Part six is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 67. Form of an employment contract

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When concluding employment contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or draw up employment contracts in more copies.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 68

Employment is formalized by the order (instruction) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer on employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 69. Medical examination (examination) at the conclusion of an employment contract

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Mandatory preliminary medical examination (examination) at the conclusion of an employment contract is subject to persons under the age of eighteen years, as well as other persons in cases provided for by this Code and other federal laws.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 70

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When concluding an employment contract, it may, by agreement of the parties, provide for a condition on testing the employee in order to verify his compliance with the assigned work.

The absence of a test clause in the employment contract means that the employee is hired without a test. In the case when an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), a test condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.

During the probation period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.

A test for employment is not established for:

persons elected on the basis of a competition for the corresponding position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;

pregnant women and women with children under the age of one and a half years;

persons under the age of eighteen;

persons who graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time come to work in their specialty within one year from the date of graduation from the educational institution;

persons elected to elective office for paid work;

persons invited to work in the order of transfer from another employer as agreed between employers;

persons concluding an employment contract for a period of up to two months;

other persons in cases stipulated by this Code, other federal laws, a collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.

The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.

Article 71

In case of an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. The employee has the right to appeal against the decision of the employer in court.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the test result is unsatisfactory, the termination of the employment contract is made without taking into account the opinion of the relevant trade union body and without paying severance pay.

If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation and the subsequent termination of the employment contract is allowed only on a general basis.

If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance.

Is it necessary to sign an employment contract when applying for a job? and got the best answer

Answer from Ѐishka[guru]
When applying for a job, the record of admission to the work book is not stamped, it is stamped only upon dismissal. The employment contract is concluded in two copies, one for each of the parties. (Art. 67.68 of the Labor Code of the Russian Federation). They should be familiarized with job descriptions when hiring, on the same day against signature, as well as with other local acts of the organization (Article 68 of the Labor Code of the Russian Federation).

Answer from Ekaterina[guru]
When hiring, the employer is obliged to conclude an employment contract in two copies, for each of the parties. The employment contract must indicate the working conditions, the size of the salary, etc. The school is a municipal educational institution, if the rights are violated, you must contact the education department to find out the reasons.

Answer from Yatiana[expert]
an employment contract is still a guarantee, both for you and for the employer. In today's world, a contract is a must.

Answer from Vladimir Gusarov[guru]
There are violations of the Labor Code by the school administration.
Articles 66,67,68, Decree of the Government of the Russian Federation No. 225 dated April 16, 2003 "On work books"

Answer from Yergey Tchaikovsky[guru]
by virtue of the provisions of Articles 67, 68 of the Labor Code of the Russian Federation: employment is formalized by the order of the employer, issued on the basis of an employment contract; the order for employment is announced to the employee against signature within three days from the date of commencement of work; the employment contract is concluded in writing, drawn up in two copies; a copy of the contract is transferred to the employee, the other is kept by the employer; receipt by the employee of the contract must be confirmed by the signature of the employee on a copy of the employer's employment contract.

Answer from Grandfather[guru]
Mass of violations.
Ask this question in the GIT, they will provide an answer and articles of the Labor Code of the Russian Federation.

Answer from tnika[guru]
An employment contract must be mandatory.
And there is no stamp on employment records, only on dismissal records.

Answer from Lydia Provotorova[guru]
In this situation, there is a gross violation of labor legislation on the part of the employer, since, firstly, in accordance with the norms of Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. In this case, one copy of the employment contract is transferred to the employee, the other is kept by the employer.
Secondly, according to Art. 68 of the Labor Code of the Russian Federation, employment is formalized by an order (instruction) of the employer issued on the basis of a concluded employment contract, and the content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.
In addition, the order (instruction) of the employer on hiring is announced to the employee against receipt within three days from the date of signing the employment contract, and at the request of the employee, the employer is obliged to issue him a duly certified copy of the specified order (instruction).
Considering that no document, be it an appointment order or a collective agreement, can replace an employment contract, in this situation, the norms of labor legislation are grossly violated with all the relevant legal consequences of such a violation (for example, bringing the management of the organization to liability under Art. 5.27 Code of the Russian Federation on Administrative Offenses).

Answer from 3 answers[guru]

Hey! Here is a selection of topics with answers to your question: is it necessary to sign an employment contract when applying for a job?

Since an exact answer is needed, then in order to avoid misunderstandings, I quote the relevant quotes as an answer to your question: "Article 68 of the Labor Code of the Russian Federation. Employment
Employment is formalized by the order (instruction) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.
The order (instruction) of the employer on employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).
When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee’s labor activity, the collective agreement
Article 56. The concept of an employment contract. Parties to the employment contract
Employment contract - an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and by this agreement, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to this employer.
Article 63
...unreasonable refusal to conclude an employment contract is prohibited.
Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including (including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, is not allowed, except for cases provided for by federal law.
It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.
It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by transfer from another employer within one month from the date of dismissal from their previous place of work.
At the request of the person who was refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing.
Refusal to conclude an employment contract may be appealed to the court.
I think this will help you.

The current situation in the labor market can not always be considered stable. In cases where the head of an organization of any form of ownership cannot give full confidence in tomorrow's working day, often only competent and correct execution of labor documents allows the parties to count on the preservation and protection of their own interests, as well as on legitimate relations with an opponent.

The degree of necessity to conclude a contract

The relationship that arises between an employer and an employee must always be formal. As such, they are subject to applicable laws and regulations. The main legal document regulating the above relations is the current Labor Code of the Russian Federation. For example, the provisions of Art. 68 contain clear indications of the need to create an order for the employment of a citizen. This document must be issued no later than three days from the date of receipt of the person to work.

But the very fact of issuing this order should be based on the main document concluded earlier - the employment contract. The content of this agreement must necessarily include the grounds for the legal relationship that has arisen, as well as information about the amount of wages, the procedure for its payment, the specifics of the termination of the employment document, etc.

Before the employment contract is signed by the parties, the new employee must be familiar with all the nuances and go through the following procedures:

familiarization with the existing list of rules for the work of the organization, with its internal regulations and discipline;
familiarization with the main current provisions of the collective agreement;
additional study of internal acts, for example, on the nature of the activities of the institution, etc.

The signed employment contract is the only and main basis that gives the employer the legal right to require the employee to fulfill his labor duties. The employee of the enterprise, in turn, has the full right to demand from the management the observance of his rights and the fulfillment of the corresponding duties.

From the list of requirements for the employer, there are several main ones:

providing the employee with an equipped workplace;
providing the employee with the necessary equipment, instruments and other elements of labor that are required for the high-quality performance of the employee's own labor functions;
provision by the employer of all necessary social guarantees, which are provided by our state.

The completed contract, after familiarizing the parties with it, is signed in 2 copies, one for each of the parties.

In those situations where an employment contract, for whatever reason, has not been concluded, the employee cannot be considered an official employee of this institution. This fact entails the loss of all social guarantees, including all due compensation, additional benefits and privileges.

What actions to take if the employer refuses to issue a contract?

Based on the provisions of the Labor Code of the Russian Federation, it becomes clear that the employer, when hiring an employee, must necessarily put his signature on the employment contract. If this does not happen, the personnel department of the institution cannot draw up an appropriate order to accept the employee.

In addition, Article 67 of the Labor Code of the Russian Federation informs that in the case when the contract was not signed, but the employee nevertheless began to perform his duties, and the head possessed this information, the contract will still be considered officially concluded.

The only condition here will be the fact that in the event of any dispute with the employer in court, it will be quite difficult to confirm the moment when work began with the knowledge of the organization's management. To do this, you will have to provide a lot of arguments and additional evidence.

In addition, during the probationary period, the contract cannot remain with the manager. The employer's religious beliefs, as well as his personal preferences, sympathies, beliefs, etc., cannot serve as motivation for concluding an agreement or refusing to take this action.

Loss of employment contract

The legal practice of labor relations knows many cases when an employer, for one reason or another, lost an employee's employment contract. This problem can be solved quite quickly and simply by providing management with a copy of your copy, which is necessarily issued to the employee.

The situation can be aggravated if the employee has lost a copy of the document. Then the period of work in the institution will have to be confirmed with the help of other documents, for example;

work book;
the employee's pass to the organization;
other papers, the content of which is really capable of confirming the fact of work in a certain time period.

In the absence of any contradictions between the parties, it is permissible to reconclude the document. At the same time, it should be remembered that some employees, for example, those whose experience is 25 years or more, may not have an employment contract at all.

If the employer for some reason refuses to renew the contract, you should immediately contact the authorized body - the prosecutor's office or the labor commission.

Legal grounds for changing employer

Each employee, without fail, must be notified of the fact of a change in leadership no later than 30 days before this event. In some cases, the law allows for the absence of the need to inform. This is possible if the upcoming changes in the form of a change of leadership absolutely do not affect the legitimate interests of the employee in any way - then there is no need to inform.

Drawing up and signing an agreement with a foreign employer

Nowadays, working for a foreign employer has long ceased to be a rarity. However, it should be remembered that such an order of work has its own nuances and features. The main condition is the fact that a foreign company located on the territory of the Russian Federation must be accountable exclusively to Russian laws.

Regarding the execution of an employment contract with a foreign company, an important condition here can be recognized as the need to draw up a document in languages that will be understood by representatives of both parties. As practice shows, the best option is the choice of English and Russian languages.

Responsibility to the employee

Clearly defined points of responsibility of the employer to the employee are a kind of guarantee of the successful execution of the employment contract.

The list of key responsibilities includes:

ensuring timely payment of wages;
compliance with all social guarantees provided to the employee;
providing all the necessary information, as well as the technical base for the employee to perform his functions under the current employment contract.

Permissible document registration period

The provisions of the Labor Code of the Russian Federation provide for the establishment of a specific period allotted for the employer to be able to register the created employment contract. Having studied the provisions of Article 68 of the Labor Code of the Russian Federation, one can see that this period is equal to three days. This is how long an employment contract can be stored in the personnel department. If the staff of the institution does not exceed 100 people, the storage of contracts can be carried out in the accounting department or in the office of the secretary of the institution.

Only an employment contract is able to fix the relationship between the employee and the employer, while providing them with legal protection. Requirements for the mandatory execution and signing of the contract can be expressed by both the employee and the employer, since this is in the interests of both representatives of these legal relations.

Judicial practice shows that it is the employment of citizens without concluding an employment contract that is one of the most common violations. Let's see how mandatory it is to draw up such a document, what guarantees it allows you to get, what responsibility is provided for the absence of such an agreement, and what it is fraught with.

Features of concluding an employment contract

Article 56 of the Labor Code of the Russian Federation establishes that an employment contract is an agreement that is concluded between an employee and an employer. According to its terms, the employer undertakes to provide the employee with work in accordance with the established labor functions, to ensure working conditions to the maximum within the framework of legislation and other legal acts with labor law norms, the collective agreement, local regulations and, in fact, the labor agreement itself, to pay wages in prescribed size. In turn, the employee agrees that he will perform labor functions, a certain contract, comply with internal regulations, etc.

Is an employment contract required? Judge for yourself, such a document has the following features:

It is necessary for the employee to obey the rules of the labor schedule.

It imposes on the employee to perform certain labor functions, and also defines job responsibilities, which is also important.

It controls the actions of the employee, allows the employer to apply measures of material and disciplinary responsibility.

It gives a certain solidity to the enterprise, because it looks reliable - fraudsters often avoid drawing up such contracts.

The advantages of an employment contract for the employer were listed above. As for employees, for them the employment contract is a guarantee of the observance of rights. So, it is advisable to still insist on signing such a document in order to avoid conflicts in the labor sphere.

Conclusion of an employment contract

Article 67 of the Labor Code of the Russian Federation states that an employment contract is concluded in writing, drawn up in two copies, and each of them is certified by the signature of a representative of the employer or employer who is an individual, as well as the employee.

In addition, it is indicated that, in accordance with Article 65 of the Labor Code of the Russian Federation, the conclusion of an employment contract implies that the employee must present the following documents to the employer:

Passport (or other document that proves your identity);

work book (except for cases when the employee is employed for the first time or will work part-time);

insurance certificate;

documents of military registration;

document on education, qualifications, special skills and knowledge (for work requiring special training);

A certificate of the presence or absence of a criminal record.

Of course, in each case, different documents may be required, and this issue is discussed in advance.

Usually, information about the employee, the work that he performs, reflects the fact of transfer to a permanent job, dismissal, the basis for terminating the employment contract, information about bonuses, awards, incentives. But, disciplinary sanctions are not reflected in the work book. The exception is cases where the disciplinary sanction is dismissal.

After the conclusion of the employment contract, an order is issued on hiring a person. Within three days, the employer must familiarize the employee with it. The employment contract itself comes into force from the moment of its signing.