Labor contract (contract). Employment contract with employee

with an employee in the face acting on the basis of hereinafter referred to Company", On the one hand, and c. , Passport: Series, No. issued, residing at:, referred to as " Worker", On the other hand, hereinafter referred to as" Parties ", concluded this Agreement, later" Treaty", Undeserted:

1. THE SUBJECT OF THE AGREEMENT

1.1. Accepted to work on the enterprise as; to the post to fulfill labor duties;

2. Contract term

2.1. The accompract concludes between the enterprise and the employee for a period of years and is valid from "" 2019 by "2019; For undefined period; At the time of completion of the work due to this contract (unnecessary to delete).

3. General Terms of Contract

3.1. By concluding this contract, the employee takes into account that the company is.

3.2. By fulfilling its immediate labor duties in accordance with this contract, the employee will proceed from the Charter (provision) of the enterprise.

3.3. The employee obeys directly to the head, as well as the director of the enterprise.

3.4. The worker is a full member of the enterprise's labor team, participates with the right of a decisive voice in the activities of his general meeting (conference).

3.5. The employee has the right to express a personal opinion on any issue of the enterprise.

3.6. The employee has the right if necessary to get acquainted with the rules of the internal labor regulation of the enterprise, a collective agreement and labor legislation.

3.7. The employee is guaranteed by the unimpeded exercise of the right to unite into the trade union. Discrimination of the employee in the time and time of recreation, remuneration and other substantial conditions of work due to its participation in the trade union is not allowed.

4. Responsibilities of Party

4.1. Worker undertakes:

• perform in accordance with your profession, specialty, qualifications (post) the following works :;
• during the contract, achieve the following results;
• in good faith, in a timely manner, at a high professional level and accurately fulfill its employment responsibilities, to comply with the rules of the internal labor regulation of the enterprise, to use all working hours for productive labor, to refrain from actions that prevent other employees to fulfill their employment responsibilities;
• take care of the safety of equipment, raw materials, finished products and other property of the enterprise, as well as property of other employees;
• timely and accurately perform the orders of the Director of the enterprise and the direct supervisor;
• by order of the director of the enterprise, to travel on business trips;
• not to disclose without the consent of the direct supervisor, scientific and technical and other commercial and confidential information obtained during operation;
• immediately inform the administration of the enterprise about the violation of the production technology, non-fulfillment of labor norms, cases of the embezzlement and damage of the property of the enterprise.

4.2. The company undertakes:

• provide an employee to work in accordance with the terms of this Contract;
• provide an employee working conditions necessary to fulfill their duties under this contract, including to provide employee the necessary technical and material tools in good condition;
• equip the workplace of the employee next technique;
• provide an employee of the following special clothing, special shoes and other personal protective equipment to organize proper care for these means;
• comply with labor legislation and labor protection rules;
• provide wages, working time and recreation time in accordance with this contract and current legislation;
• to ensure an increase in the employee of qualifications and growth of professional skills at the expense of own funds in during the year;
• ensure the safety of personal property, tools, worker vehicles in the enterprise;
• provide a car for service trips or pay compensation when used for service purposes in the following order;
• in the event of the death of an employee or the offensive, he has disability in the execution of employment duties to continue to pay it to the expiration of the contract of his family or the amount of the average earnings received by the employee during the work under the contract;
• ensure that the introduction of new equipment and equipment deteriorates the working conditions; Take the necessary measures to protect the health and security of the employee when working with new equipment and in new conditions.

All costs for this subparagraph are imposed on the enterprise.

5. Payment of Labor

5.1. For the conscientious performance of labor duties over a monthly rate of working time, the employee guarantees the payment of official salary (tariff rate) in the amount of rubles per month. Official salary (tariff) increases depending on the indexability of life defined by law.

5.2. The employee has the right to receive the results of various premiums, additional payments, premiums, other rewards in accordance with the wage system acting in the enterprise.

5.3. The employee establishes the following remuneration based on the results of the month (quarter) in the following indicators and in the amount :.

5.4. The employee is paid a remuneration based on the results of the year in the amount of rubles.

6. Working hours and rest time

6.1. The employee is set to normalized (non-normalized) working day.

6.2. Monthly working time rate is. The normal duration of the working day should not exceed 8 (4) hours per day. A break for recreation and nutrition is not included during working hours. Recycling over the normal duration of the working day is paid in a double size for each hour.

6.3. The start and end time of the working day, as well as a break for recreation and nutrition, is determined by the rules of the internal labor regulation of the enterprise and the order of managers.

6.4. The normal duration of the working week, as a rule, should not exceed 41 (20.5) an hour per week. Recycling over the normal duration of the working week is paid in a double size for each hour. Weekends are provided with an employee in accordance with the rules of the internal labor regulation of the enterprise.

6.5. It is allowed as necessary processing over the normal duration of working time, but the duration of working time for the accounting period (month) should not exceed the normal number of working hours (hours).

6.6. The night is considered time from 10 pm to 6 o'clock in the morning. Work at night is paid in one-time size.

7. Vacation

7.1. The worker has the right to the annual main vacation duration of calendar days. Depending on the results of the work, it can be provided with an additional vacation. The annual holiday is paid financial assistance in the amount of rubles.

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 applicable labor and social security legislation.

8.2. With a constant loss of working capacity (disability), as a result of an accident at work, an employee is paid in addition to the one-time allowance established by the legislation 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, an employee is paid a one-time allowance in the amount of salaries.

8.4. In the event of the death of the employee during the period of the contract, its family is paid in addition to the allowance established by the legislation in the amount of salaries.

8.5. With temporary disability, the employee is paid the cost of drugs and paid medical institutions, in size.

9. Socio-household service

9.1. Socio-domestic service of the employee is carried out by the management of the enterprise in accordance with the decision of the general meeting of the Labor team and at the expense of funds sent for these purposes.

9.2. The employee provides the following services and benefits on social and domestic services that are not established by the current legislation:

• payment of one-time allowance for annual leave in size;
• annual provision of employee and members of his family of vouchers to a sanatorium or a holiday home with a payment by an employee% of the cost of the voucher;
• providing an apartment worker under conditions.

10. Change, continuation 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. After the expiration of the contract, it stops. This rule does not apply to cases where labor relations actually continue and none of the parties demanded their termination. In this case, the contract is extended for the same period and with previous conditions.

10.3. The contract is subject to termination early on the initiative of the employee in the case of:

• his diseases or disability that impede the performance of work under the contract;
• violations by the management of the Enterprise Legislation or this Contract;
• other valid reasons;

10.4. The contract before the expiration of its operation may be terminated on the initiative of the enterprise for the following grounds:

• changes in the organization of production and labor (liquidation of the enterprise, reducing the number or staff of employees, a change in working conditions, etc.);
• the discovered inconsistency of the employee of the work performed in the absence of guilty actions on its part;
• the guilty actions of the employee (systematic failure to fulfill without valid causes of labor duties, absenteeism, the appearance at work in a drunken state and other violations of labor discipline, disclosure of commercial secrets, violation of PP 12.3 of this Contract, committing theft, etc.).

10.5. Dismissal on the initiative of the enterprise is carried out on the basis of an appropriate conclusion of the head of the structural division of the enterprise, while compliance with the requirements of labor legislation.

11. Compensation upon termination of the contract

11.1. With the termination of the contract for the grounds provided for in paragraph 10.3 and paragraph 10.4, the employee is paid output allowance in the amount of average monthly earnings. With the termination of the contract on the grounds provided for in paragraph 10.4, the employee also maintains the average monthly earnings for the period of job search during the second and third month from the date of dismissal, if it has been registered in the employment service as a person seeking to work as a job within 10 calendar days after .

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 also pays a one-time allowance in the amount of rubles.

12. Special conditions

12.1. The company serves for the employee the main job; The employee is hired to work on a part-time enterprise (unnecessary cross).

12.2. Labor functions that do not flow from this Contract can be carried out by an employee within the enterprise only with the consent of the head of the structural unit and the director of the enterprise.

12.3. The employee has no right to implement under contracts with other enterprises and organizations work related to, under this contract, as well as engage in any other type of activity in other enterprises and organizations, if it can cause economic or other damage to the enterprise. Not execution of this item is a sufficient basis for the dismissal of the employee.

12.4. The company pays the employee during the days after the contract is concluded a one-time allowance in the amount of rubles. The manual is not a form of wages.

12.5. The company pays every month to employee rubles.

12.6. All materials created with the participation of the employee and on the tasks of the enterprise are the property of the enterprise.

12.7. Parties undertake commitments not to disclose the terms of this contact without mutual consent.

12.8. Terms of this Contract may be changed only by agreement of the parties.

12.9. The parties are responsible for fulfilling responsibilities under this contract in accordance with applicable law.

12.10. Disputes arising between the Parties to the Contract are permitted in the procedure established by the current legislation.

12.11. In all the rest, not provided for by this contract, the parties are guided by the norms of the Russian Federation and the Charter (provisions) of the enterprise.

Under the work under the contract at the moment, it is advantageously implied by work not in accordance with employment contracts, but under civil law agreements. This way of employment and earnings has certain advantages and disadvantages, and also differs in various approaches to ensuring state guarantees. At the same time, the operation of the system of civil law contracts and the substitution of labor relations can be regarded as an administrative offense and entail negative consequences.

Table of contents:

Features and differences in contract work from labor relations

It is not legally prohibited to hire contractors to fulfill any necessary work and the provision of services by entering into a civil transaction. This question is extremely relevant in situations when one-time implementation of a certain spectrum of tasks is necessary for a specific time limit or with the achievement of a specific result. Such an agreement allows you to avoid excessive costs of funds and time for a full-fledged employment of an employee, especially when there is no need for its constant presence in the workplace.

At the same time, work under the contract deprives a person who works in a person in a number of social guarantees provided by the state. Also, the employer in such a case has certain losses and costs, for example, related to the lack of influence and management of such an employee. In addition, if the contract will have signs of a full-fledged employment, it can be recognized in court as an employment, which will entail the corresponding costs, as well as the provided Art. 5.27 Administrative Code Fine.

Given the reduced tax rate and the minimum level of social responsibility to the employed employee, some employers prefer to enter into civil contracts, and not labor contracts. It should not be considered that such a practice is disadvantageous and unequivocally negative for the employee who works in this way - she has a number of its advantages, however, the shortcomings are also present.

Advantages of contract work in comparison with official employment

Certain advantages in contract work, make it an extremely advantageous way of employment, both for employers and workers. In particular, the contract work is one of the main ways. In particular, to such a list of advantages can be attributed:

In general, traditional branches of activity in which contracts prevail or can often be used on par with employment contracts are construction, IT service, accounting, marine case, consulting services, installation work, etc.

Cons work under the contract

The shortcomings of the contract work, first of all, are expressed in much less social security of the employee. Especially if we consider that in many situations, work under the contract is organized solely with the aim of avoiding the employer of responsibility to the employee, without providing him with any additional compensation. In general, the shortcomings of the contract work can be called:

In general, with certain agreements with the employer, working conditions under the contract may actually differ, or even be more profitable in comparison with full-fledged employment. But it should not be forgotten that the signs of regular labor relations can serve as a basis for retraining the working contract in the employment contract by a court decision with the onset of negative consequences for both the actual employer and the performer.

The concept of "contract" or "contract" is often found in labor and federal legislation as a definition associated with labor relations. Initially, contracts were called oral agreements between stakeholders. And the contracts implied the written signing of a certain document, stipulating all the terms of the transaction or labor relations.

In the Soviet Union between these concepts did not make much differences. But in the new Russian labor legislation, the word "contract" was replaced in all his mentions for the "contract".

In the broad sense of this word, the contract can be considered both oral and written transactions. The contract and contract has practically no legal difference. However, there are still differences, and they are associated with the wording, which are used in legal and regulatory.

The definition of the contract can be found in the 56th article of the Labor Code.

According to such a written agreement, the employer and employee undertake certain obligations and at the same time receive rights, also enshrined in the document. For example, the head undertakes to ensure timely payment and the conditions for all the requirements of working place in the workplace.

And the employee must not disturb the internal regulation of the organization or enterprise, as well as conscientiously refer to his official duties.

The concept of "contract" in modern labor legislation is no longer found, although it can still be found in separate thematic articles and books. This concept is abolished in Kzot since 2002.

This concept can not be mixed with concluded on Limited period! Contracts can be worn both urgent and. For example, this document is signed with the staff of power and military departments. And at the same time he regulates indefinite labor relations.

The ban on the signing of contracts regulating labor relations, there is no legislation. Accordingly, the document with such a name is considered legitimate (although it does not appear in TC). This is evidenced by numerous departmental orders and provisions.

This document determines the rights and obligations of stakeholders, indicates the sizes of the salary, prescribes the rules for employee remuneration and other important conditions.

What are the differences?

The civil and budget code indicates a contract as to the main type of document required when concluding a transaction, if one of the stakeholders is the state. It is clearly prescribed by the procedure for the conclusion and conditions on which the transaction takes place. For example, such a document is based on the results of the tender for the supply of goods for municipal needs.

But such a type of contracts on its legal status is close to (according to the FZ under the number 44, 3rd article, item eighth).

The Tax Code refers contracts for external trade relations (165th Article NK). If a deal is a deal on the export of goods outside the customs union, the corresponding contract is signed. Such a document allows you to get the stakeholder substantial tax breaks (zero rate). The use of the contract in such cases will be inappropriate, since the signing of the Agreement will entail the problems with the tax service.

Thus, the difference between contracts and treaties is the origin of the concepts itself and the status of stakeholders, signing an agreement.

As mentioned above, the concept of "contract" cannot be mixed with an urgent type agreement. By the term of the contracts concluded for the adjustment of labor relations, they may have both limited (urgent) and unlimited (universal) period of action.

If we say figuratively, the contract is a general concept, and the contract is just a kind of such agreements used in certain situations.

For example, a contract may be confirmed by the fact of admission to the service of employees of security departments, civil servants or personnel military (contract service). In the case, the contract is used instead of a contract. The law on civil servants directly indicates that there is a contract between the employer and the future employee of the State Organization (23rd article of the Law).

Or, under the contract, certain services or work can be carried out. In this case, the contract is close on the legal meaning to the agreement of civil-law. Such a contract has a certain period of validity and can not be. Its termination occurs on the basis of the reasons specified in the document. And the employer has the right to an additional stimulation of an employee for the excellent performance of his duties (the amount of incentive remuneration and the procedure for its payment is also prescribed in the contract).

Service Contracts and Labor Contracts: Differences

Service contracts are signed by the employer or his representative and A citizen coming into service (FZ number 79, adopted in June 2004). The service is available as a civil, carried out in various state organizations and structures and military (or equated to it), carried out in the army, power structures, firefighters and rescue units (in the Ministry of Emergency Situations).

The main differences of such a document from the contract concluded between employers and employees can be seen in the table:

In the process of receiving a person to work, the employer must propose to sign the note to the employed person, which would contain the rights and obligations of both parties. In most cases, the future employee is invited to sign a labor permit agreement, but in some cases a contract. Assuming that these are synonyms, many people are deeply mistaken and, as a result, fall into a legal "trap."

It is in order to avoid subsequent problems in relationships with the employer and not spoil their reputation by litigation, and it is worth considering what the difference between the two types of documents is.

Why does such a question arise?

The whole point is that the contract is a much more stringent document, than a contract. "Contract" translated from Latin means "deal", which emphasizes its specifics. The contract involves the consolidation of obligations established by the employer and the employee, the failure to fulfill the fulfillment of the right to apply to the affected party to the court for damage.

The contract in this sense is rather symbolic importance and contains only general formulations of rights and obligations. The document is a confirmation that the employee is really employed in the organization, and the remaining aspects of his work are governed by the Labor Code of the Russian Federation.

Thus, the signed contract significantly limits the employee in actions, not allowing, for example, to quit at his request, which, naturally, not everyone likes. That is why it is worth paying attention to, the contract or agreement is given to sign when taking work, especially if you are delayed in this organization for years you are not going to.

Differences between the contract and the contract

The employment contract gives an employee right at any time to quit from the place of work (by itself, warning the bosses for the month) and does not contain information about the terms of hiring, that is, indefinite. Renew the employment contract is not necessary. In the same time the contract strictly fixes the deadlines and is usually for the period from 1 year to 5 years. After this time, the employee may be invited to reneak the contract, that is, to sign a new one, or denied it, if qualification, education, or, possibly, age does not allow an employee to fulfill its work effectively and achieve the goals set by the organization.

The company is not obliged to inform the employee about the motives of his refusal, as well as the employee should not explainWhy he no longer wants to work at this place of work, however, report his intentions to each other they are obliged two weeks before the expiration of the contract. In this regard, the company and employee are equal to rights.

At the same time, if the other party will have a desire to stop cooperation ahead of time, it will be impossible. The contract must be worked out to the end, therefore, the company must pay the employee of its salary during the entire period recorded on paper, in any case. In the inverse situation, if the employee himself does not want to work on the company more, it is likely to lead to a lawsuit and a fine.

Finally, another difference is that the contract regulates not only the period for which the employee hired, but also other important points, such as:

• conditions under which the employer may terminate the contract unilaterally. Thus, the firms are insured against incompetence or the abnormal staff. Such a condition may be, for example, a low estimate when passing professional certification;
• compensation size which the person who wants to terminate the contract must pay the second party. It is also likely that the amount of compensation for non-compliance with other contract items will be registered;
• the amount of material responsibility employee for possible damage (damage to equipment, theft);
• measures to stimulate workers To improving productivity, for example, an increase in the kitst (hourly tariff rate) or additional days of vacation.

These are not all points included in the employment contract. Benefits for employees can also be reflected (for example, the provision of a budget place in kindergarten) and additional responsibilities (for example, a commitment to go on business trips). That is why the study of the employment contract must be given enough time to pay attention to all the little things (many even take the contract form home or attribute to the legal office).

Superficial familiarization may lead to the fact that the employee will be in truly bible conditions. The contract is more often a typical form containing template information.

Is there a contract at all?

This question may also arise, given that this term does not appear in the Labor Code of the Russian Federation since 2002. However, I. prohibitions for the conclusion of contracts does not establish law And, as you know, it is not prohibited, then allowed. In the obligatory order, the word "contract" is still used in one case. We are talking about state and municipal orders, which are drawn up just mainly in the contractual form.

The reasons why the contract is used, several:

1. The conditions for the municipal and state order are very limited by the norms of the law on placing orders. The contract is inappropriate, if only because the principle of his freedom is strongly limited by the legislator.
2. The conclusion of the state contract requires the passage of such proceedings such as auction and auction.
3. Financing comes from state sources, to which again and indicates the term "contract".

Thus, the concept of "contract" fully reflects the specifics of the state order.

Treaty or Contract: Practice of leading countries

While in Russia is used in hiring personnel and contract, and contract, other countries adhere to other policies. The contract system is very developed in the United States, What is a consequence of a new economy. Leading experts in the field of management suggest that the contract system is due to the increasing mobility of labor.

More and fewer people remain adherents to their Almamater, trying to get as much as possible a variety of experience. The same experts determined that the optimal period of work in one place was 3 years, after which the employee begins to lose efficiency and needs to be in Jack. Firms with Wall-StrepeTee use such a system, changing each other with their financial analysts.

Another attitude in Japan, where life employment is practiced. Contracts in Japan are practically not used, because when hiring an employee is invited to sign a permanent agreement, whose violation is denied by society. Such a system is a tribute to centuries-old Japanese traditions.

Pay attention to the maintenance of paper that is subscribed when taking to work, you need in any case. However, in the case of a contract, one should be more attentive to small things and careful.

The employment contract is an agreement between the employer and the employee, according to which the employee undertakes to personally fulfill a certain labor function or work for a certain specialty, qualifications, position with the internal labor schedule, and the employer undertakes to pay it wages and ensure the working conditions provided for by labor legislation , collective contract and agreement of the parties.

Parties in the contract are worker and employer. INthe capacity of the employer may be any organizations that are legal entities.

Under bindingthere are such conditions, in the absence of an agreement on which the employment contract is not considered concluded and does not generate an employment relationship. Additionalconditions do not affect the existence of an employment contract. This classification reflects a different amount of rights and duties accepted by the parties in its conclusion.

To the number mandatory conditions labor contract relate the following.

1. Availabilitydepreciation on acceptance to work. Such reflects the actual, and not the imaginary will of the parties. The vices of the will (deception, misleading, the incapacity of citizens) or the absence of intention to extend the labor relationship (change or stop it) make an agreement invalid. So, if an employee, admitted to work, will not submit a diploma for education for the reason that it does not have it at all, and the law does not allow to perform a certain work without any, the contract will be invalid.

Condition O.place of work. At work is understood as an enterprise located in a certain locality, where the employee will have to make their labor efforts (inhabited) (with an indication of the structural division). The subsequent change in the employer's place of work without the consent of the employee is not allowed.

Condition O.date of start of work . Such is considered to be the number from which the contract comes into force and rights and obligations arise. Usually this moment is established at the conclusion of the contract, but if it is absent, the period of work is calculated from the moment of actual access to work.

Condition O.labor function. The nature of the specific employment operations that will have to fulfill the employee can change. It is important that they all be within the specialty, qualifications, positions or type of work performed due to work. So, if the driver charges the loading-unloading of the transported cargo, then it may argue, since this type of activity does not apply to its specialty. The fulfillment of other labor functions in addition to those conditioned in the contract may be mandatory for the employee only on the basis of an additional agreement with the employer.

Condition O.rights and responsibilities both employee and administration. The rights and obligations of the employee are reflected in his job description, from which it is possible to directly withdraw the rights and obligations of the other party (employer), since the rights of one party will correspond to the duties of the other party.

Condition O.wage. When wiring, workers can be applied both tariff rates, salaries and a configuration system. The view, wage systems, the size of tariff rates, premiums, other incentive payments are determined by the enterprise independently.

Additional conditions the employment contract also depends on the discretion of the parties. The only requirement is advanced to additional conditions: they should not contradict the legislation and other regulatory, in particular corporate, acts. They can be very diverse and in nature, and for their intended purpose. Among them can be called the following

1. Condition O. the term of the employment agreement.Labor contracts are: a) indefinitely; b) for a certain period of no more than five years.

Employment contract for an indefinite periodit is a common employment contract, the conclusion of which allows you to apply a complete set of guarantees of the legal status of the employee, provided for by the Labor Code of the Russian Federation. That is why work on this employment contract is optimal for an employee option.

Fixed-term employment contract(often it is also called contract) is for a period of no more than five years. For some time, many organizations began to practice the conclusion of this type of contract. However, it is important to remember that in this case, quite a lot of the legal status of the employee worsens. Firstly,the employee, concluding such a contract, as if he imposes a veto for dismissal at his own request. Such an agreement on the initiative of the employee can be terminated only in the case of its illness or disability that impede the implementation of work under the Agreement, violations by the Administration of Legislation on Labor, a collective or employment contract and for other valid reasons. Secondly,the continuation of the relationship with the employee after the expiration date specified in the contract depends on the will of the administration. It can use its right to conclusion another contract for a pressure on an employee, forcing it, for example, to free the service residential premises and others. Therefore, the legislator has established that the urgent employment contract can be concluded only in cases where labor relations cannot be established on An indefinite period, taking into account the nature of the upcoming work, or the conditions for its implementation, or the interests of the employee, as well as in cases directly provided for by law. Therefore, if the conflict has occurred with the administration, an urgent employee has a chance to protect his rights in court, referring to the illegality of the employer of the contract for employment.

A variation of an urgent contract is agreement for the time of certain work.Its feature is that it is impossible to determine the exact term of the end of the employment contract. Nevertheless, it should contain specific events or actions, the probability of the occurrence of which at the parties does not cause doubts and the offensive of which ceases to work relations (for example, the closure of the summer recreation camp).

Condition test.This condition may be provided for by the parties in order to verify the qualifications of the employee in accordance with the commissioned work. It must be indicated in the order and for duration can not exceed three monthsand for managers - six.During this period, the time of illness and other periods are not counted when the employee was absent at work for a valid reason.

Condition O. work mode.As a rule, the employee obeys the general mode of operation, if so is established by the employer in the enterprise. But in relation to it, individual work schedule, part-time, unusual days, a flexible working day, divided into several parts of the working day, etc. It is important that its working week does not exceed 40 h (for persons aged 16 Up to 18 years old - no more than 36 hours, for persons from 15 to 16, as well as for students aged from 14 to 15 years working during the holidays, no more than 24 hours).

Condition O. transportation to work.Usually, this condition plays a big role, if the place where the work is performed is at a significant distance, such as, for example, during the construction of roads, or when the working day begins (or ends) too early (or too late), such as drivers Transport, or when the work is associated with the connectors and is required to refund the cost of travel, and in other cases. With the usual nature of the work, this condition is usually not discussed.

Condition O. housing provision.It can be about providing housing temporary or permanent, in the future or in the present, the housing of capital or not related to such, separate or in a communal apartment, the LCD on credit or full of payment, etc. This condition is so important that usually Workers insist on writing it.

Conditions on duty work out after learning a certain period(If the training was made at the expense of the employer).

The list of additional conditions may be continued. Needs, interests, the capabilities of the parties can be the most different, and they have the right to solve all the questions with them related, independently. However, both mandatory and additional conditions of the employment contract should not worsen the situation of employees compared with labor legislation.

The employment contract is considered concluded if the parties have agreed in all its significant (main, mandatory) conditions. Such an agreement must be recorded in writing (in two copies), and if for any reason it is not done, - in the order for employment, on which the employee's signature is obligatory.

The administration is obliged to demand from the passport incoming to work. labor book. For the first time entering work, provide a certificate from the housing and communal body about the last lesson. For part-time employment records are underway at the place of main work. They include information about the employee, about the work performed, as well as promotions and awarding for success in work. The recovery in the employment record is not entered. Entries about the reasons for dismissal in the labor book should be carried out in accurately in accordance with the current legislation and reference to the relevant article, the point of the law.

In practice, quite common labor agreements.The legal nature of them is heterogeneous. Under this can "hide" both the employment contract and the contract. Both types of contract suggest a certain work of a citizen's personal labor and for remuneration, but their legal consequences are different. If the agreement is accompanied by the inclusion of an employee into the enterprise's team to perform a certain labor function or any individual task, if it is subject to the rules of labor regulations, including the obligatory instructions of officials regarding his work activity, then the employment contract is most likely there. It is more difficult to answer the question of what type of contract is concluded if the employee performs work at home, such as a typist. If it is located in the state of the relevant employer and its work is not a one-time, but systematic nature, it is possible to talk about the conclusion of an employment contract.

In the civil law contract, the Customer is more interested in the final result of the work performed corresponding to the terms of the contract, only it pays for its other property responsibilities against the Contractor. The latter lies and the risk of the impossibility of providing the final results of work on objective reasons, whereas the employer (entrepreneur) is carried out in labor relations. When performing work under the contract, the Contractor is not credited to the staff of the relevant organization, does not obey its labor regime and organizes its work independently, and the Customer is not entitled to interfere with its economic activities (for example, the production of car repair, apartments, commissioning, maintenance of complex household appliances and Dr.).

In the field of labor application and labor contracts.According to the sense of labor legislation, the "employment contract" and "contract" - the concepts are synonymous, in practice they will differ.

The contract is a commercial agreement on the purchase and sale of labor and its use. Usually O. it is a worker who has unique, special abilities to perform certain work.The contract allows individualization of labor conditions, taking into account the qualifications of the employee, his business qualities, the specifics of the performance of work. It characterizes all the stages of work, the rights and obligations of the employee and the employer.

The contract differs from the employment contract:

the contract always has a special written form;

the contract is clearly characterized by mutual rights and obligations of the parties, social guarantees. It is not determined by the labor function, but subject of contractsuppose the management of the enterprise, conducting marketing, i.e., systems of measures for studying the market and promotion of corporation goods. Sometimes indicate the effective characteristics of the worker(for example, a certain percentage of profitability, corporation profitability, etc.);

condition for paymentunder the contract there is a purely result agreementalthough in achieving an agreement on this issue, the labor market situation is taken into account (for example, marketing specialists are clearly not enough), the individual qualities of the employee (for example, a marketing specialist has sufficient work in large commercial firms);

in the contract stipulate condition and wage indexing;

the contract is concluding for a certain period,as a rule, not exceeding five years;

in the contract can be installed special measures of responsibilityfor failure to comply with duties (for example, dismissal in the event of an employee's dismissed results, a complete compensation for the employee of damage caused to the enterprise as a result of its work, regardless of the form of guilt, etc.).

The contract can be concluded both with full-time employees, and with those who have a labor activity in this organization is not the main place and type of work. Parallel contracts can be enclosed, for example, to conduct an audit, with several employees. One person can work immediately in several contracts. Contracts can be concluded with an employee who are in the staff of the enterprise to fulfill the work combined and payment for the work done. The contract provides for the period for which it lies, indicates the size and source of insurance deductions.

1) general provisions (name of the parties, details, validity period, probation conditions);

subject of the contract (the name of the work performed);

employer duties (information, technical support of the employee, library day or indeterminative day, advanced training);

procedure for acceptance and evaluation of work;

remuneration (payout terms, advance payments, incentive payments);

mode of operation (flexible schedule, work at certain hours, weekends, vacation and order of their provision, payment procedure);

social guarantees (additional payments for vacation, in the hospital sheet, in old age, employment commitment at the end of work, medical, sanatorium-resort service, transportation services, housing pay, housing, repayment of a loan in the housing and construction cooperative, etc.);

the duties of the parties to fulfill the terms of the contract and the responsibility for their violation (disciplinary sanctions, a reduction in premiums, compensation for material damage, termination of the contract);

terms of termination or prolongation of the employment contract (termination - in case of violation of the terms of the contract, the liquidation of the enterprise, the end of the term, the signing of the act of acceptance of the work, the agreement of the parties; prolongation - if the work is not completed, suspended for the unauthorized reasons specified in the contract, in case of illness and etc.);

the procedure for consideration of disputes.

It seems that the employment contract in the understanding that is used in practice combines elements of both an employment contract and a contract of civil law.