Labor agreement (form and sample). The nuances of concluding an employment contract The meaning of an employment contract

  1. Sample. Order head of the organization indexing amounts of compensation for harm ( indexing v connections with federal law of November 24, 1995 No. 180-fz)

    Labor agreement, contract → Sample. Order of the head of the organization on the indexation of the amounts of compensation for harm (indexation in connection with the federal law of November 24, 1995 No. 180-fz)

    indexing v connections with federal law of November 24, 1995 no. 180-fz order about indexing compensation for damage no. date in connections with a work injury received at work, the amount of compensation ...

  2. Sample. Order head of the organization indexing amounts of compensation for harm (if indexing damages)

    Labor agreement, contract → Sample. Order of the head of the organization on indexing the amounts of compensation for harm (when indexing the amount of compensation for harm)

    at indexing damages order about indexing compensation for damage no. date by order no. from in compensation for harm caused by labor injury gr. ...

  3. Sample. Order about dismissal in connections with the expiration of the contract

    Labor agreement, contract → Sample. Dismissal order due to the expiration of the contract

    Murmansk 07.08.97 order n 1. kryuchkin boris aronovich - senior legal adviser, to dismiss in connections with the expiration of the contract concluded with n ...

  4. The wording orders about dismissal in connections with the fact of petty theft admitted at the place of work

    Labor agreement, contract → Wording of the order of dismissal in connection with the fact of petty theft at the place of work

    According to clause 8 of Art. 33 wording orders the dismissal may be the next mountain. Moscow May 15, 1996 order n 1. nozdrachev anatoly petrovich, program ...

  5. Sample. Order about dismissal in connections with the fact that the test period has not been met

    Labor agreement, contract → Sample. Dismissal order due to the fact that the test period has not been met

    order n vladimir 10.17.95 1. petrov valery nikolaevich - accountant of the settlement department to be dismissed from October 18, 1995, ...

  6. Sample. Order about dismissal in connections with a call to the armed forces of the Russian Federation

    Labor agreement, contract → Sample. Dismissal order in connection with conscription into the armed forces of the Russian Federation

    order n 04/29/95, mountains moscow 1. nikolai vadimovich sidorenko - manager, dismiss in connections with the call to the armed forces ...

  7. Order on the state farm on consideration of the application for dismissal from the state farm connections with the organization of the peasant economy

    Labor agreement, contract → Order on the state farm on consideration of the application for dismissal from the state farm in connection with the organization of the peasant farm

    order n on the state farm (name of the farm) "" 20 on the consideration of the application of Comrade. (f., i., о.) (position, place of work, ...

  8. Statement of claim on indexing wages 2

    Claims, complaints, petitions, claims → Statement of claim for the indexation of wages 2

    Statement of claim on indexing salary I am in an employment relationship with the defendant. in accordance with by order(employment contract, day / month / year, number) I hold the position (name). in accordance with Art. 134 Labor Code ...

  9. Statement of claim on indexing amounts awarded

    Claims, complaints, petitions, claims → Statement of claim for the indexation of the awarded amounts

    Cheniya, i.e. the amount recovered by the court, recovered really (date) (not actually recovered) the amount has lost its former purchasing power and in accordance with Article 12 of the Civil Code of the Russian Federation and Article 208 of the Civil Code of the Russian Federation the cost of the collected amount needs indexing... I ask: production ...

  10. Sample. Order connections with an injury, occupational disease or other damage to health, bound with the performance of labor duties (with the initial appointment of compensation to the victim)

    Labor agreement, contract → Sample. Order of the head of the organization on compensation for harm in connection with injury, occupational disease or other damage to health associated with the performance of labor duties (with the initial appointment of compensation to the victim)

    in the initial assignment of compensation to the victim order on compensation for harm in connections with an injury, occupational disease or other damage to health, bound with performance ...

  11. Statement of claim on indexing the amounts awarded in accordance with Art. 208 Code of Civil Procedure of the Russian Federation

    Claims, complaints, petitions, claims → Statement of claim for the indexation of the awarded amounts in accordance with Art. 208 Code of Civil Procedure of the Russian Federation

    I executed the court decision by transferring the entire amount only months later - "" 20, during this time, the purchasing power of the sums due to me as a result of inflation has significantly decreased. on the basis of Art. 208 gpk rf please make ...

  12. Statement of claim on indexing wages

    Claims, complaints, petitions, claims → Statement of claim for the indexation of wages

    Name of the court Plaintiff: Address: Defendant: Address: Statement of Claim indexing wages for 2009-2010 I, nail galimzyanovich garipov - from September 2001 to the present time I have been ...

  13. Sample. Follow-up book orders on the inventory ( order Ministry of Finance of the Russian Federation of 13.06.95 No. 49)

    Enterprise office documents → Sample. Book of control over the implementation of orders for the inventory (order of the Ministry of Finance of the Russian Federation of 13.06.95 No. 49)

    appendix no. 2 to the guidelines for the inventory of property and financial obligations, approved by by order of the Ministry of Finance of the Russian Federation of June 13, 1995 no. 49 + - + order composition of inventory - start of inventory - windows ...

  14. Sample. Order the head of the organization for compensation for harm in connections with injury or other damage to health, bound with the performance of labor duties (when extending the payment of compensation for harm to the victim)

    Labor agreement, contract → Sample. Order of the head of the organization on compensation for harm in connection with injury or other damage to health associated with the performance of labor duties (when extending the payment of compensation for harm to the victim)

    when extending the payment of compensation for harm to the victim order on compensation for harm in connections with injury or other damage to health, bound with the performance of labor duties (for ...

  15. Sample. Order on the inventory of property and financial obligations ( order Ministry of Finance of the Russian Federation of 13.06.95 No. 49)

    Accounting reporting, accounting → Sample. Order on the inventory of property and financial obligations (order of the Ministry of Finance of the Russian Federation of 13.06.95 No. 49)

    appendix no. 1 to the guidelines for the inventory of property and financial obligations approved by by order of the Ministry of Finance of the Russian Federation of June 13, 1995 no. 49 order no. (decision, order) ...

represented by a person acting on the basis, hereinafter referred to as " Employer", On the one hand, and gr. , passport: series, number, issued, residing at:, hereinafter referred to as " Employee", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is accepted by the Employer to perform work in the position of c.

1.2. The employee is obliged to start working from "" 2020.

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. 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. Carry out the following job duties:.

2.2.2. Observe the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the performance of their 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 commercial 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. Observe the requirements of labor protection, safety measures 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 demand from the Employee to perform duties (work) not stipulated by this employment contract, only in cases stipulated by the labor legislation of the Russian Federation.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Rules and Labor Laws 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. To pay bonuses, remunerations in the manner and on the terms established by the Employer, to 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 prescribed 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. To familiarize the Employee with the labor protection requirements 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:

  • to encourage the Employee in the manner and in the amount stipulated by this labor agreement, collective agreement, as well as the terms of the legislation of the Russian Federation;
  • to bring the Employee to disciplinary and material liability in cases stipulated by the legislation of the Russian Federation;
  • exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF EMPLOYEE PAYMENT

3.1. For the performance of labor duties, the Employee is set an official salary in the amount of rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside the normal duration of working hours, at night, on weekends and non-working holidays, etc. The employee is paid the appropriate additional payments:

3.2.1. Work on weekends and non-working holidays is double paid.

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 acting as a temporarily absent employee without being relieved 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 an additional agreement to this contract.

3.2.3. Overtime work is paid for the first two hours of work not less than one and a half amount, for the next hours - not less than double the amount. At the request of the Employee, overtime work instead of increased pay may be compensated by the provision of 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 start of the downtime, shall be paid in the amount of at least two-thirds of the Employee's average salary. Downtime for reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of the 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 incentives paid by the Company to the Employee are established in the collective labor agreement.

3.5. The employer pays wages to the Employee in accordance with the "Regulations on remuneration" in the following order:.

3.6. Deductions can be made from the employee's salary in cases provided for by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee is assigned a five-day working week with a duration of 40 (forty) hours. The days off are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and meals from hour to hour, which is not included during working hours.

4.3. Work of the Employee in the position specified in clause 1.1. the contract is carried out under normal conditions.

4.4. The 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. Vacation 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 vacations established in this Company. ...

4.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted short-term leave without pay.

5. EMPLOYEE SOCIAL INSURANCE

5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

6. WARRANTIES AND COMPENSATIONS

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. LIABILITY OF THE PARTIES

7.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties 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 bears 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 in the law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

8. TERMINATION OF THE AGREEMENT

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 work of the Employee, except for cases when the Employee did not actually work, but his place of work (position) was retained.

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and cannot be disclosed.

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 drawn up in two copies with equal 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 Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:

11. SIGNATURES OF THE PARTIES

Employer _________________

Employee _________________

EXAMPLE FORM of a contract with the head of the enterprise The owner represented by __________________________________________________ and the representative of the labor collective comrade .________________________________ ____________________________ have entered into this contract as follows. 1. Comrade ._______________________________________ is appointed to the position of the head of _______________________________________________________ (name of the enterprise) __________________________________ for a period from ______________________________ to ___________________________ with the transfer of powers in property management within (stipulate the limitation of rights) and delegation of the rights to conduct collective bargaining and conclude a collective agreement. 2. Comrade .__________________________________ manages the enterprise _____________________________________________________________ in accordance with the current legislation, as the head of the enterprise for the period of this contract is obliged to provide: 2.1. Highly efficient and sustainable work __________________________ _________________________________________________________________________ (name of the enterprise) and its socio-economic development. 2.2. Fulfillment of the state order for the production of products. 2.3. Fulfillment of contractual obligations for deliveries. 2.4. Compliance with the terms of the collective agreement. 2.5. Increase in production of consumer goods (determined by the parties specifically). 2.6. Expansion and renewal of the range and increase in production volumes. 2.7. Increase in labor productivity, decrease in production costs and labor intensity of manufactured products. 2.8. Receiving and increasing profits. 2.9. Technical re-equipment, reconstruction of the enterprise and commissioning of capacities (to be determined by the parties). 2.10. Protection of information constituting state, official and commercial secrets. 2.11. Compliance with current legislation, active use of legal means to improve management, strengthening contractual discipline, financial position of the enterprise. 2.12. Implementation of the program for the social development of the team. 2.13. Implementation of the environmental program. 2.14. ______________________________________________________________ 3. Comrade. ____________________________________________ the (full name) official salary is set in the amount of _______________________ rubles per month. 4. Subject to the fulfillment of the obligations set forth in clause 2 of this contract, com. ___________________________ is additionally established by (full name): 4.1. A surcharge in the amount of _______________________ rubles per month. 4.2. Bonus for 100% fulfillment of contractual obligations with customers in the amount of ______________ rubles per month (percent of the official salary). 4.3. Performance-based remuneration for the year in the amount of __________ 4.4. _______________________________________________________________ 5. Comrade .______________________ set an annual leave of _______ (full name) __________ and additional paid leave of ___________________________ (subject to its provision) calendar days. For annual leave, financial assistance is paid in the amount of ____ ___________ rubles. 6. Subject to the termination of the contract (for valid reasons), along with the payments stipulated by the current legislation, the employee is paid a lump sum in the amount of _____________ rubles. 7. The owner (authorized body), founder, provided that the contribution of the state or local Council is more than 50%, along with the payments listed, must also: 7.1. Provide the enterprise with material and technical resources to fulfill the state order. 7.2. _______________________________________________________________ 7.3. _______________________________________________________________ 8. The contract may be terminated or terminated on the grounds provided for by the current legislation. Grounds for early termination of the contract by the parties, not provided for by the current legislation: 1) failure by the parties to fulfill the obligations provided for in clauses 2.2, 2.8 and 7.1 of this contract; 2) _________________________________________________________________ When the contract is terminated on grounds not provided for by the current legislation, an entry is made in the employee's work book about the dismissal according to clause 1 of article 29 of the Labor Code of the RSFSR (agreement of the parties). 9. Responsibility of the parties: _________________________________________________________________________ _________________________________________________________________________ 14. The terms of this contract can be changed only by agreement of the parties in writing. 15. The contract comes into force from the moment of its signing, unless otherwise provided in the contract. 16. The contract is drawn up in duplicate. 17. Addresses of the parties. Comrade _________________________ Owner ________________________ (full name) _____________________________ __________________________________ Note. A representative of the labor collective participates under the condition that the contribution of the state or local council to the property is more than 50 percent, as well as at a state and municipal enterprise.

Employment agreement (form and sample)

Finally, all the interviews and tests are behind, and you are hired for the coveted job. The final completion of hiring is the conclusion of an employment agreement with the employer. The form of an employment agreement does not have an officially approved form, therefore, as a rule, each employer uses its own form. However, the preparation of such an agreement presupposes the obligatory consideration of the provisions of the Labor Code of the Russian Federation. The above sample will help the employee to take into account possible nuances when signing it.

Employment agreement form

The conclusion between the employee and the employer of an employment agreement is primarily aimed at streamlining the relationship between the parties, as well as at fixing the most important points characterizing the work activity of a particular employer. For this, a written document is drawn up.

The legislator, highlighting important points, enhances their significance and calls them essential (or mandatory) terms of the employment agreement. We will reveal them below.

And at this stage, the first conclusion that the employee must remember is that an employment agreement is a written document that is considered concluded if there are significant conditions in it.

The employment contract offered to the employee for signing is filled in by the employer on the enterprise's letterhead according to the sample he had previously developed.

At the same time, when filling out the form of an employment agreement, you must always remember the mandatory conditions and, if necessary, supplement it or, conversely, exclude unnecessary ones.

Essential terms of the employment agreement

The employment agreement is concluded in a simple written form in duplicate. One of the copies remains in the hands of the employee, the second copy is kept in the HR department of the employer. The agreement must be signed no later than three days from the date of starting work in the company. Indeed, in the event of any dispute, conflict with the employer, this document is intended to help settle and exhaust mutual claims.

Before an employee signs an employment agreement, it should be carefully read to ensure that the form contains all essential conditions and their compliance with the agreements previously reached during the interview.

The main essential or, as they are also called, mandatory terms of any labor agreement are:

  • place of work. Here the place of work in the parent company is indicated, or in the case of employment in a branch of the company or its representative office, you must indicate information about this, including the address of the location;
  • position (profession, specialty) for which the employee is hired, in accordance with the staffing table of the company. This section of the agreement is sometimes referred to as the “job function”. The work performed must correspond to the position for which the employee is hired;
  • the date of commencement of work, that is, the day from which the employee directly begins to perform his job duties. Here it is important to distinguish this date from the date of the conclusion of the employment agreement, which may not coincide with the date of commencement of work. If the contract is urgent, that is, it is concluded for a certain period, then its validity period is necessarily fixed;
  • the size of the official salary, other terms of remuneration;
  • work schedule, including working hours and rest hours;
  • description of the nature of the work (in the office, traveling, etc.);
  • a condition on a probationary period (which, as a general rule, cannot exceed three months);
  • other conditions depending on working conditions.

If, upon signing the proposed employment agreement form, the employee discovers conditions that do not correspond to the agreements or do not reflect the mandatory working conditions, then the employer must be asked to make the necessary changes before signing the agreement.

The organization has employees since 1980, no employment contracts have been signed with them. They explain this by the fact that in those days it was not necessary, the main entry in the work book. Is it really so? How, then, now to process the transfer to a new position? Or how to set a special work schedule for such an employee. For "young" employees, we draw up additional agreements to the employment contract.

Yes this is true. In those days (until September 1992) there was no need to conclude written employment contracts. But lawmakers are making changes to the hiring rules. Therefore, the organization had to conclude contracts with both new and old employees in accordance with the new requirements. If this has not been done so far, you should conclude employment contracts with such employees as soon as possible. The start date of the employment relationship will be the actual date of commencement of work, that is, 1980, and the date of the conclusion of the contract will be the actual date, that is, 2015. After the conclusion of contracts on the current conditions, it will be possible to amend them. If employees refuse to sign documents, the accountant (specialist of the personnel department) must draw up acts of refusal to sign employment contracts and attach them to contracts signed on one side.

Justification

What if the employee does not have an employment contract?

Now, none of the personnel officers have any doubts that an employment contract should be concluded in writing. But such a requirement in the legislation was not always. During the time of the Labor Code, the employee and the employer often agreed orally on labor relations, and hiring was formalized only by order. As a result, organizations still identify employees who have been working without employment contracts for many years. Do I need to conclude written contracts with them? And if so, how to do it correctly?

There is a contract, but only verbal ...

A new employee of the human resources department, Nina B., came to OOO Vesna. Taking business from her predecessor, she discovered that the head of the sales department, Margarita A., who had been working in the organization for about 20 years, did not have an employment contract.

Margarita got a job at Vesna LLC in 1991 as a sales manager. At that time, the legislation did not contain norms on the mandatory execution of a written employment contract, so the manager and the employee limited themselves to an oral agreement, an order for employment and an entry in the work book. In September 1992, the Labor Code introduced a strict requirement for a written employment contract. But they never signed it with Margarita - the company was going through difficult times, and the employer simply forgot to formalize the relationship properly.

An employment contract is concluded in writing and is drawn up in two copies (Article 67 of the Labor Code of the Russian Federation).

In 2004, the employee got married and changed her surname, and from January 11, 2005 she took the position of head of the sales department. The transfer was carried out in the same way as the hiring - they prepared an order and made an entry in the work book. An additional agreement to the employment contract was not concluded, since the contract itself was not. Thus, Nina faced a non-standard situation: it was necessary to conclude an employment contract with Margarita, but her personal data and her job function changed. What is the date of the contract? What surname? How to sign a supplementary transfer agreement with an employee that was not issued on time? She decided to consult a more experienced colleague from another company on these issues.

What to do first?

If someone in your organization does not have a written employment contract, this can be a source of trouble for you. It is possible that this fact will be revealed during the inspection of the State Labor Inspectorate, and then the head of the company, the head of the personnel department or another responsible employee will be fined for violation of Article 67 of the Labor Code in the amount of 1,000 to 5,000 rubles (Article 5.27 of the Administrative Code of the Russian Federation).

Of course, the labor contract with Margarita had to be concluded back in 1992. And since the employer has not met this requirement until today, the situation should be corrected as soon as possible. But first, Nina, as a new employee accepting cases, must reflect the absence of an employment contract with Margarita A. in the act of acceptance and transfer of personnel documents, and then write a memo addressed to the general director of the organization in order to inform him of the results of the transfer of cases. If Nina does this, she will not be responsible to the management or the inspection bodies for the mistakes of the personnel officers who worked before her and ignored this situation.

We arrange correctly

To sign an employment contract with Margarita, you first need to talk to her and get her consent to this. Then draw up a contract for the position for which she was hired in 1991 by the company - sales manager. It is advisable to indicate the salary received by the employee at that time. The date of the document should be set to the current one, and in the text of the contract itself, indicate the date of the actual start of work, for example, January 11, 1991 (see the sample above). You can often hear from the personnel officers the opinion that it is permissible to draw up an agreement in such a situation retroactively. However, the legislation does not provide for such a possibility, so you should not use such methods of correcting errors. The surname of the employee in the contract will be correct to write the one that is indicated in her passport at the moment, because the contract is already concluded with a woman who bears a different surname. Do not forget that both copies of the contract must be signed by both the employee and the employer. One copy remains with the employee, the other is kept in the personnel department (Article 67 of the Labor Code of the Russian Federation).

The same should be done with the supplementary agreement to the employment contract for the transfer to the position of the head of the sales department. It can be drawn up with the same current date, and in the text indicate the actual day of the entry into force of the changes: January 11, 2005. A new position is a new job function, therefore it is important in the agreement to fully reflect the changes that have occurred in Margarita's working conditions in connection with the transfer (Article 72 of the Labor Code of the Russian Federation). The agreement must also be issued in duplicate and signed by the parties.

Note that even this completely legal way of correcting the error does not exclude the claims of the inspectors from the State Labor Inspectorate. Indeed, according to the rules of Article 67 of the Labor Code, with an employee who has begun to perform a labor function (with the knowledge or on behalf of the employer or his representative) without a contract, it must be concluded in writing no later than three working days from the date of the actual start of work. And in our case, there is a large time gap between the date of commencement of work and the day of execution of the written document. This may entail a fine for violation of labor legislation (for officials - from 1,000 to 5,000 rubles (Art.5.27 of the Administrative Code of the Russian Federation)). *

Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract (Article 72 of the Labor Code of the Russian Federation).

Employment contract and new surname

According to the first part of Article 57 of the Labor Code, an employment contract includes two types of information: information and conditions. To change the terms of the agreement, it is necessary to conclude an additional agreement to it (Article 72 of the Labor Code of the Russian Federation). The missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, which are an integral part of the employment contract (part three of article 57 of the Labor Code of the Russian Federation). According to the aforementioned norm, the missing information is entered directly into the text of the employment contract. As for changing information, nothing is said about it. But in this case, it would not be a mistake to amend the text of the treaty directly. To do this, you need to cross out outdated information, and write new ones on top.

Thus, in connection with the change of the employee's surname, it is not required to conclude an additional agreement to the employment contract. If an employee changes his last name or other personal data, the personnel officer must make the appropriate corrections in the contract, certifying the new information with the signatures of the employee and the employer. The order "on amendments to documents containing the employee's personal data" is indicated as a basis. Such an order is issued on the basis of a passport and registry office certificates presented by an employee to the personnel department.

Contract is not a sentence

Nina followed the recommendations of her colleague and completed all the missing documents as soon as possible. Fortunately, Margarita reacted to the situation with understanding, but it often happens in a different way. Employees who are accustomed to working without contracts do not agree to sign them, believing that this will somehow limit their freedom in relations with the administration. In this case, there is only one advice: to convince the employee that a written employment contract, on the contrary, serves as a guarantee of strict observance of his rights, makes labor relations more transparent and makes it easier for the parties to negotiate better working conditions. If the employee categorically refuses to conclude a contract, we recommend drawing up an act about it.

To avoid the situation that we have described, we recommend that you periodically audit HR documentation. This will allow the HR department to identify and correct such errors in time.

And how are you?

We turned to employers with a question: do you have employees in your organization who work without written employment contracts?

Ksenia Pavlovna,
HR specialist, commercial kindergarten (St. Petersburg):

- We have a recently created organization, and all employees have labor contracts. In order not to forget about this, we keep a register of labor contracts, where we put down the date of the contract, its number and ask the employee to sign for receiving his copy.

Svetlana,
HR manager, consulting company (Volzhsky):

- A couple of years ago, we accidentally discovered that three employees (top officials of the company who have worked since its inception) do not have written employment contracts. With two, we signed contracts with the current date, and one employee refused - no arguments helped. I had to draw up an act of refusal to conclude an employment contract. We hope that this will remove responsibility from the personnel service in the event of an inspection by the State Labor Inspectorate.

Yuliya,
HR inspector, retail organization (Perm):

- At one time, our CEO delayed signing employment contracts - they could lie on his desk for weeks. The workers asked why they were working without a contract, were indignant, threatened with complaints. Then we wrote a memo to the director with a request to speed up this process. Now the terms of the conclusion of labor contracts with us fit within the framework of the law.

Your personal expert Olga Pushechkina.
8 800 333-01-13
If you have any additional questions or want to discuss the received answer