Fixed-term employment contract for a watchman during the holidays. How to draw up an employment contract with a caretaker? Who is preparing the document

In order to properly legitimize relations with a conditional employee, it is necessary to conclude a formal employment contract. Regardless of the position, the employer must conclude this document in each case. In this case, the type of labor contract may be urgent, but this will not affect the approximate sample of this document in any way. How it is filled in in the case of hiring a watchman or security guard will be described later.

How to draw up an employment contract with a caretaker

To do this, first of all, the conditional organization must have an unfilled sample. In accordance with local regulations, a contract with a caretaker must be concluded in writing. Work at the same time can be in shifts, or if the guard is accepted as a watchman.

The mode of operation is established directly by the parties. If the workflow is supposed to be in the form of a “day in a day” mode, then this condition is necessarily prescribed in the contract.

The following provisions are written here as a separate paragraph:

• rights and obligations;
• the scope of responsibility of both parties;
• remuneration system;
• working conditions;
• final provisions.

In addition, the contract must also indicate possible cases of termination of relations. The parties are not prohibited from specifying any additional clauses in the contract that do not contradict the current Russian legal legislation.

Characteristic features of a fixed-term employment contract with a caretaker

The characteristic features of a formal employment contract in this case will be:

• obligatory determination of the schedule or working time in hours;
• calculation of daily salary with transfer to monthly deductions;
• determination of the scope of responsibility;
• number of working days per month.

If we are talking about a fixed-term contract, then the main feature will be to determine the duration of its validity.

Fixed-term contracts, even if they involve a shift schedule, are concluded for a certain period of time. This period of time cannot exceed 5 years. If a longer period of work of a security guard or watchman is required, then the contract must be concluded indefinitely. Pay attention to the maximum terms when filling out.

The term of the agreement in practice usually does not exceed 2 years. If necessary, the parties may fill out an additional agreement to record, again in writing.

Features of an employment contract with a security guard with a shift schedule

The shift schedule of a watchman or conditional guard involves filling out a separate clause in the employment contract, in which the schedule will be indicated in working hours or days. Here, first of all, it is necessary to pay attention when filling out the determination of the daily salary. This salary for a shift schedule is usually calculated by the hour.

After that, on the 15th day of each month, these amounts are added up, and thus a fixed amount of the advance is obtained. Therefore, even if a security guard or watchman is hired to work in a children's institution, the shift schedule must necessarily be reflected in the agreement. If the schedule is not specified, then an additional form can be developed for this specifically to determine the schedule. Non-working days according to the schedule can be considered days of rest, the hourly salary for which does not apply ().

Liability of the security guard under the contract

The dispositions of labor legislation do not prohibit establishing liability in respect of a caretaker or security guard in material form. These conditions are negotiated by the parties independently. But if the employer insists on the liability of the described employee, then he is obliged to provide all the necessary security conditions that guarantee the safety of material assets.

At the same time, the level of liability cannot exceed 15% of the average salary of a conditional security guard or watchman. It is this amount, in case of recovery, that can be deducted from wages on a monthly basis.

Employment contract with a school watchman - sample 2018

On the example of a children's institution, we can consider a conditional sample of such an employment contract. For reference, you can download it from the link below:

By this sample it is clear that the watchman is employee to which a shift schedule is set. Everything is written initially required details the guard himself, then information about children's institution. The direct shift schedule is prescribed in a separate chapter, in which the exact number of working days is calculated.

In this case, the hired watchman does not bear financial responsibility, which was established by joint agreement with the employer.

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Each employer is obliged to draw up an employment contract with a watchman according to the model, following the rules for registration. From the completeness of its content and literacy depends social status employee, his guarantees are taken into account, and much more.

Legislation provides guarantees in the field of employment for enterprises that employ employees. There are professions that require special attention. Performing their functions, people go to night shifts, perform tasks overtime, as part of an irregular working day. These include security guards, police officers, porters, firefighters and others whose schedule is subject to constant adjustments.

The working relationship between the head of the organization and the future employee who wants to find a job is regulated by the Labor Code. Chapter 11 (articles 63-71) is devoted to the norms and standards for admitting a person to an organization on an official basis.

Taking into account the fact that the caretaker is responsible for the safety of property, is liable financially in case of theft or damage to property, the ability to leave workplace absent during the shift. The legislation provides for this moment in article 108 of the Labor Code.

If the conditions of production do not allow the employee to take a break for rest and eating, the employer provides him with this right during working hours in accordance with the internal labor regulations.

The specifics of the watchman's work

A watchman is a profession that requires special knowledge, skills and abilities that are necessary to ensure the protection of property at any time. At each enterprise where there are valuables, documents, objects of property, a rate is allocated for this position, an employee is accepted. He acts in accordance with his job description, which is issued against signature.

The main task of the watchman is to protect the territory entrusted to him from external threats, to monitor the observance of order, the integrity of the locks, to protect the object from the penetration of unauthorized people.

He has the right to apply remedies, but on condition that this does not contradict the law. In the event of an encroachment, he is obliged to neutralize the threat to ensure the safety of property.

The complexity of this profession is the risk of an unsafe situation for life and health, irregular work schedules (night shifts or alternation of day and night working hours).

Why do we need a contract

An employment contract is understood as the emergence of mutual obligations between its participants. One of them provides the other with work and pays for the performance of functions wages, the second - performs it qualitatively, on time, complies with the rules of the order.

This document guarantees security and stability to both parties. In this case, the employer gets confidence that his company employs people who have the appropriate education, skill level, work experience and the necessary skills. The employee understands that he will consistently receive wages, rest for at least 28 calendar days, contributions to the pension fund, the Social Insurance Fund, and the tax office are made.

When it is concluded

The conclusion of an agreement between the parties in accordance with Article 67 of the Labor Code takes place within 3 days from the moment the watchman is admitted to work.

In practice, this procedure usually occurs before the execution of functions. A person comes for an interview, talks with the manager. If both parties are satisfied with all the terms of cooperation, the applicant passes medical checkup(upon request), submit documents and work book. On the day the work begins, an agreement is concluded with him, 1 copy of which with a signature is given to him for personal use, the second remains in the organization.

Who is preparing the document

The drafting of the document is carried out by an employee of the personnel department, who is responsible for maintaining the personal files of employees, all organizational measures relating to their work activities. If the enterprise is small and there is no personnel department as one of the links in the system, this responsibility lies with the secretary.

Video about the profession of a watchman:

The procedure for drawing up an agreement with a watchman

The document issued by the enterprise must have legal force in the event of a dispute in the event of controversial issues between the parties. This is ensured by compliance with the procedure for drawing up the contract:

Document structure

Social guarantees and security of the parties are provided if all the required features and clauses are taken into account in the contract. The structure of the document depends on the working conditions, the nature of the activity, there are mandatory and additional sections (see table).

When hiring a watchman, his physical condition is taken into account, additional health certificates may be required depending on the working conditions.

Video questions about the document:

Features of a fixed-term contract with a caretaker

The difference between a fixed-term contract and an open-ended contract is that it establishes a period of validity. Its compilation is practiced when the watchman is temporarily employed due to the peculiarities of the functioning of the enterprise. If at the end of the contract it is decided that the protection of the object is necessary for another period, the parties have the right to extend it in accordance with Article 72 of the Labor Code. All other points relating to rights and obligations, responsibility remain the same.

Employment contract with shift schedule

Requires a separate clause in the agreement that establishes a work schedule in days or hours. Accordingly, the daily salary is calculated depending on the hours worked, and not shifts. The accountant adds up the period of work from the 1st to the 15th of the month, then from the 15th to the 30th or 31st, and receives a fixed amount. If the contract does not contain this provision, the employer has the right to develop a separate supplementary agreement.

According to article 77 of the Labor Code, the salary does not apply to non-working days, even if they are weekdays.

Employment contract with a night watchman

Regulated by article 96 of the Labor Code. This period, according to the legislation, is the interval from 22:00 to 6:00. The contract indicates the time reduced by 1 hour in comparison with the day shift, it is not subject to working out.

There are categories of citizens with whom it is forbidden to conclude an agreement on work at night, or there is an obligation to obtain their written consent. If the contract is concluded with such an employee, the fact of his employment will be disputed in court.

Employment contract with trial period

Relations between the enterprise and the watchman in the presence of a probationary period are regulated by Article 70 of the Labor Code. The employer has the right to include this clause in the contract if he wants to see if the skills of the employee correspond to the declared qualities in practice within a few months. If this provision is not in the contract, it is considered that the probationary period has not been established. It cannot exceed 3 months, after which the manager decides whether he will continue to cooperate with the candidate for the position.

Features of the contract with the school watchman

V educational institutions the position of a watchman is introduced without fail, since the building contains machinery, equipment purchased at the expense of state budget. Many schools prefer to enter into a double standard contract with the applicant. At night, he is a watchman, during the daytime - a watchman. In this case, the schedule is set in shifts. As objects in the agreement, other objects located on the territory can be designated - sports grounds, outbuildings, sports halls.

Sample document

Each enterprise uses standard samples, but with the addition of items related to a particular organization, depending on the working conditions, its nature, salary, social guarantees, activity specifics.

Can be downloaded below:

Liability of the caretaker

The work of the institution is based on the careful attitude of employees to property, as well as other persons located on its territory.

A watchman is a person who is held financially liable by one of the clauses of the contract. After all, the meaning of his activity is to ensure the safety of property.

If the enterprise is damaged, articles 241, 242 of the Labor Code are applied to the guilty citizens or materially responsible specialists. They have financial obligations in a limited or full amount. A person working as a watchman, according to the law, cannot bear full financial responsibility. This measure applies only to persons whose labor activity associated with money and goods.

So, the agreement after the correct execution must comply with the norms of the law, the rules of technical aesthetics, the requirements of information culture.

Write your question in the form below

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman) in, and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.

1.2. The employment contract is concluded for an indefinite period.

1.3. The employee is obliged to start work from "" 2020.

1.4. The period of probation for employment is one month.

1.5. Work at the Employer is a place of work for the Employee.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee has the right to:

• providing him with the work stipulated by this contract;
• payment of wages in the amount and in the manner prescribed by this agreement;
• relaxation;
• complete, reliable information about working conditions and labor protection requirements;
• protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
• compensation for damage caused to him in connection with the execution job duties, and compensation for non-pecuniary damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
• obligatory social insurance.

2.2. The employee is obliged:

• conscientiously fulfill their labor duties;
• observe labor discipline;
• take care of the property of the Employer and other employees.

2.3. The employer has the right:

• encourage the Employee for conscientious efficient work;
• require the Employee to fulfill his labor duties and respect the property of the Employer and other employees, observe labor discipline;
• bring the Employee to disciplinary and financial liability in accordance with the procedure established by the Labor Code and other federal laws;

2.4. The employer is obliged:

• comply with labor laws and other regulatory legal acts containing norms labor law, local regulations, terms of the collective agreement, agreements and labor contract;
• provide the Employee with the work stipulated by this Agreement;
• ensure safety and working conditions that comply with state regulatory requirements for labor protection;
• provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
• pay in full the wages due to the Employee within the time limits established by this agreement;
• to acquaint the Employee against signature with the adopted local regulations directly related to his work activity;
• provide for the daily needs of the Employee related to the performance of their labor duties;
• carry out compulsory social insurance of the Employee in the manner prescribed by federal laws;
• compensate for the harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the conditions established by the current legislation of the Russian Federation;

2.5. The parties have other rights and perform other duties stipulated by the current labor legislation.

3. WORKING AND REST TIME

3.1. The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with an uninterrupted rest of at least 42 hours.

3.2. The duration of the daily shift of the Employee is hours.

3.3. Inter-shift rest of the Employee is hours.

3.4. The employee is granted annual paid leave of 28 calendar days.

3.5. An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.

3.6. An employee may be granted unpaid leave in accordance with the current labor legislation.

4. TERMS OF PAYMENT

4.1. The employee is paid a salary in the amount of rubles per month.

4.2. Wages are paid to the Employee twice a month in the manner and terms established by the internal labor regulations and the collective agreement.

4.3. When performing work outside the normal working hours, at night, weekends and non-working holidays The employee is paid appropriate additional payments in the manner and amount established by the collective agreement and local regulations.

4.4. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.

5. RESPONSIBILITIES OF THE PARTIES

5.1. In case of failure or improper performance The employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.

5.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

6. FINAL PROVISIONS

6.1. Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.

6.2. 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.

6.3. The employment contract is concluded in writing, drawn up in two copies, each of which has the same legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.

6.4. This employment contract may be terminated on the grounds provided for by the current labor legislation.

7. ADDRESSES AND DETAILS OF THE PARTIES

Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

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

8. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

An employment contract is a special document designed to regulate mutual relations between an employer and an employee. Such a document applies to absolutely all specialties and positions. A professionally drafted contract (drawn up in accordance with the requirements of the Labor Code of the Russian Federation) allows one party to verify the performance of obligations by the other party.

Rights and obligations of the parties

At the same time, regardless of the specialty of the employee, such a document, whether it is an employment contract with a watchman or with any other employee, must contain mutual rights and obligations. So, the employee must:

• Strictly observe labor discipline;
• To conscientiously fulfill the duties assigned to him;
• Protect movable or immovable property owned by the employer.

The employer's obligations are regulated in the same way. He is obliged:

• Comply with the rules and regulations established by the labor laws of the country;
• Ensure the working conditions stipulated in the contract;
• Guarantee labor safety;
• Pay wages in full;
• Provide for the daily needs of their employees;
• Carry out employee insurance provided by law.

Specifics of work and nuances

An employment contract with a school watchman has its own characteristics, due to the specifics of the work. With a shift work schedule for the watchman, that is, when working during the day, the document should contain a specific indication of this: “the work schedule of the watchman (name is indicated) 2 through 2”. In such cases, it is necessary to take into account the maximum hours worked for this type of work - 160-180 hours per month. This is the norm.

A sample employment contract concluded with a school watchman contains an indication of a clear definition of the employee's working hours. Unlike other workers, whose main working time is considered to be the day, for the watchman it is night. Therefore, it is established work time- its beginning and end. The night time of the Labor Code of the Russian Federation (part 1 of article 96) is determined by the interval from 22.00 to 6.00.

It is not allowed to reduce the duration of such time for watchmen. This provision is enshrined in part 3 of article 96 of the Labor Code of the Russian Federation, which determines that the position of a watchman is the main job for which an employee is hired specifically and precisely on such conditions.

The object of protection of the watchman can be not only a general education school, but also any other. For example, if an employment contract is concluded with a watchman of a ski school, then it is natural that the duration of his work and some duties will differ from the time and duties of a watchman of a general education school.

Most often, this watchman is charged with protecting the territory adjacent to the school, and not bypassing the ski slopes. However, in cases where it is possible to bypass, watchmen may be required to inspect sports fields and competitive skiing tracks.

A fixed-term employment contract can be concluded with a caretaker when he is hired for a fixed period. It should be noted that a person is registered for the position of a watchman under a fixed-term contract only with his consent. A sample form of an employment contract with a caretaker can be downloaded from various sites containing legal information.

If the caretaker is financially liable, then an additional agreement must be concluded. Reference should be made to this document in the main employment contract. It should be borne in mind that the watchman does not bear full financial responsibility. His responsibility can only be partial.

A sample employment contract for 2016 for hiring a watchman contains all the details necessary for its conclusion, providing for:

• Data on the subject of the contract;
• Detailed obligations of the Parties;
• Schedule of working hours and rest time;
• wages and conditions;
• Responsibility of the Parties.

The contract must specify the rest time of the watchman on weekends, as well as the number of breaks for rest during the shift. For example, an employee has the right to rest every 12 hours for 30 minutes. This time is taken into account together with the working shift and is payable in accordance with the Labor Code of the Russian Federation.

Features of work in kindergartens

Let us turn to the employment contract with the watchman of the dow. It is concluded between the employee and the head of the household of the preschool educational institution in accordance with labor legislation. The employment contract with the caretaker of the preschool educational institution 2016, in addition to the obligation of the employee to protect buildings, structures and property of the institution, obliges him to comply with the "Instructions for protecting the life and health of children in the preschool educational institution."

Under an employment contract with a caretaker kindergarten The worker must comply with:

• Legislative acts and the Labor Code of the Russian Federation;
• the Charter and the Internal Labor Regulations adopted by the administration of the institution;
• Sanitary and epidemiological requirements;
• Employment contract and job description.

In practice, quite often there is an employment contract on the performance of other part-time work with a caretaker in his spare time from his main job. If such work is carried out under the direction of the same employer, then this is called internal combination, and if the other - external part-time.

You can work part-time no more than four hours a day. If the watchman, for example, works according to the “every other day” schedule, then he has the right to work the entire shift (the whole working day) at another part-time job.

Employment contract with caretaker

in the face. acting on the basis. hereinafter referred to as " Employer”, on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as " Worker”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

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1. THE SUBJECT OF THE AGREEMENT

1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman) c. a The Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.

1.2. The employment contract is concluded for an indefinite period.

1.3. The employee is obliged to start work from "" 2017.

1.4. The period of probation for employment is one month.

1.5. Work at the Employer is a place of work for the Employee.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee has the right to:

• providing him with the work stipulated by this contract;
• payment of wages in the amount and in the manner prescribed by this agreement;
• relaxation;
• complete, reliable information about working conditions and labor protection requirements;
• protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
• compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
• compulsory social insurance.

2.2. The employee is obliged:

• conscientiously fulfill their labor duties;
• observe labor discipline;
• take care of the property of the Employer and other employees.

2.3. The employer has the right:

• encourage the Employee for conscientious efficient work;
• require the Employee to fulfill his labor duties and respect the property of the Employer and other employees, observe labor discipline;
• bring the Employee to disciplinary and financial liability in accordance with the procedure established by the Labor Code and other federal laws;

2.4. The employer is obliged:

• comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreements and an employment contract;
• provide the Employee with the work stipulated by this Agreement;
• ensure safety and working conditions that comply with state regulatory requirements for labor protection;
• provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
• pay in full the wages due to the Employee within the time limits established by this agreement;
• to acquaint the Employee against signature with the adopted local regulations directly related to his work activity;
• provide for the daily needs of the Employee related to the performance of their labor duties;
• carry out compulsory social insurance of the Employee in the manner prescribed by federal laws;
• compensate for the harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the conditions established by the current legislation of the Russian Federation;

2.5. The parties have other rights and perform other duties stipulated by the current labor legislation.

3. WORKING AND REST TIME

3.1. The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with an uninterrupted rest of at least 42 hours.

3.2. The duration of the daily shift of the Employee is hours.

3.3. Inter-shift rest of the Employee is hours.

3.4. The employee is granted annual paid leave of 28 calendar days.

3.5. An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.

3.6. An employee may be granted unpaid leave in accordance with the current labor legislation.

4. TERMS OF PAYMENT

4.1. The employee is paid a salary in the amount of rubles per month.

4.2. Wages are paid to the Employee twice a month in the manner and terms established by the internal labor regulations and the collective agreement.

4.3. When performing work outside the normal working hours, at night, on weekends and non-working holidays, the Employee shall receive appropriate additional payments in the manner and amount established by the collective agreement and local regulations.

4.4. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.

5. RESPONSIBILITIES OF THE PARTIES

5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.

5.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

6. FINAL PROVISIONS

6.1. Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.

6.2. 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.

6.3. The employment contract is concluded in writing, drawn up in two copies, each of which has the same legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.

6.4. This employment contract may be terminated on the grounds provided for by the current labor legislation.

7. ADDRESSES AND DETAILS OF THE PARTIES

Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

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

Employment contract with a caretaker (sample)

The specifics of the watchman's work provides for several nuances that must be taken into account when drawing up an employment contract.

If the work schedule of the watchmen is changeable - that is, for days, then this must be reflected in the contract. For example, specify "work schedule of the watchman FIO 2 through 2". At the same time, it should be borne in mind that the maximum number of hours worked per month should not exceed the norm that is established for this category of workers by labor legislation - 160 - 180 hours per month.

The terms of remuneration of the watchman must also be reflected in the document. The amount of wages received must fully correspond to the amount of time worked per month. Otherwise, the employer may be held administratively liable.

You can conclude with a watchman fixed-term contract if he is hired for a certain period of time. With a person of such a profession, a fixed-term contract is concluded only with his consent.

Rest breaks during the shift and days off for the caretaker must be specified in the contract. For example, "an employee has the right to rest every 6 hours for 15 minutes." This rest is included in the working shift and is paid in accordance with the Labor Code of the Russian Federation.

If the specifics of the work involves bypassing the territory, then this is also indicated in the contract, as well as the frequency of these bypasses. For example, "the watchman is obliged to make a round of the territory every 4 hours." If the applicant is hired with probationary period, then its duration is specified in the contract. In addition, work as a watchman is often a part-time job. This is also indicated.

If the caretaker is financially responsible, then it is necessary to conclude an additional contract with him, a reference to which can be made in the employment contract. The watchman does not have the right to bear full financial responsibility, only partial.

Otherwise, the employment contract with the watchman must meet the requirements of the Labor Code of the Russian Federation. It should contain the following information:

• About the employer;
• About the hired employee;
• About the working conditions of the applicant;
• About his mode of work and mode of rest;
• Rights and obligations of both parties to the contract;
• Additional guarantees and compensations;
• If an agreement on material liability is attached to the agreement, then its number and date of conclusion must be indicated;
• The term of the conclusion of the contract;
• The presence or absence of a probationary period;
• Date of commencement of performance of labor functions.

You can download a sample employment contract with a caretaker.doc
by this link

The obligation to register an employee today is assigned to each employer. Therefore, regardless of the name of the job itself, an employment contract must be concluded with regard to each position. In the case of a watchman or a night guard, it is also necessary to conclude an agreement that will reflect all legal conditions and mode of operation. And such a document must be concluded in due order. How to do this will be described in detail below.

Employment contract with a caretaker - rules for filling out and a sample

The general structure of such an employment contract remains unchanged. It is concluded on a special local form in 2 copies. One sample is given to the hired employee, and the other will be in the personnel department of the institution for the entire duration of the relationship.

The document is filled out in a standard form, and it should contain the following items:

• thing;
• direct rights and obligations of the parties;
• provisions of the job description;
• validity;
• exact payment terms (with all possible surcharges);
• the responsibility of each party;
• termination conditions.

Therefore, the contract with the watchman can be drawn up according to the approximate type sample, but with the obligatory indication essential conditions(point 3).

These include:

• normative working time schedule;
• procedure for calculating remuneration (clause 5);
• liability, if any.

The document must be drawn up in 2 samples, one of which must be transferred to the applicant for the entire duration of the contract.

How to draw up an employment contract with a caretaker?

Legal advice in this case may be inappropriate if the mandatory structure is followed when drafting an example document. The main thing in the document is to pay attention to the desired schedule. If the watchman is hired part-time, then in the contract, in the clause providing for the work schedule, it will be necessary to indicate the proposed scheme. For example, it can be a schedule - a day / two. Even if these are temporary legal relations - when the agreement is concluded for a specific period, the calculation of wages can be made only from the number of days actually worked. Therefore, the number of working days in one week must be prescribed in the contract.

An employment contract with a caretaker sample 2017 free download.

Sample employment contract for a caretaker with a shift work schedule

This sample will not differ in any way from the standard one and the filling order will be the same. The most effective option to get everything done properly is to clearly indicate the work schedule in paragraph 2. At the same time, it is necessary to indicate the exact number of working days with their transfer to formal working hours. For example, if there are only 3 working days in a week, 72 working hours are respectively prescribed. If an employment contract is concluded with a watchman, then the schedule can be drawn up indicating only the day.

How to draw up a fixed-term employment contract with a caretaker

You can draw up such a sample according to the same principle as in all other cases. But here there will be one significant difference - the document will prescribe its validity period. At the same time, employers have the formal right to conclude such contracts for any period. years, two or more. Most importantly, paragraph 4 must indicate deadline. If this is not done, then the agreement will be indefinite (Article 58 of the Labor Code of the Russian Federation). Therefore, if it is necessary to conclude a temporary lease, this requirement must be observed.

Before entering into an agreement with an employee, you should decide what, in fact, the company needs a watchman for. Based on the tasks assigned to the employee, the terms of his employment contract will be formed.

• place of work, protected object;
• official functions;
• date of commencement of the contract;
• the amount of remuneration, additional payments and allowances;
• work schedule, start and end times;
• working conditions in the workplace;
• obligatory social insurance of the worker.

A number of these conditions will be very specific to the watchman. For example, job functions. Indeed, unlike other workers, he receives wages not for what he personally produces, but for the fact that some malefactors will not harm the property of the employer. Also, the absence of third parties in the protected area may be of fundamental importance. Most likely, any special knowledge and skills will not be required from a worker in this profession. For the qualitative performance of labor duties, it will be enough for him to be actively awake at night and on weekends, and to maintain a sufficient degree of punctuality and attention to detail when inspecting the territory and premises.

Thus, the functionality will reflect the tasks of the employer, which he sets for the watchman. If this is access control, then the procedure for maintaining it should be indicated. If the work is reduced to monitoring and promptly responding to a situation in which the property of the organization is in danger, then it may be correct to describe the mode of bypassing the territory, the procedure for actions in various situations, and indicate what equipment will be used to call the police or a private security organization.

In addition, the watchman must be aware of exactly what territory his guarding duties apply to, what kind of property should be the subject of his attention. This should also be written into the employment contract.
The maximum functionality will have to be described in an employment contract with a watchman in the event that the enterprise does not have internal documents with its official duties – job descriptions, positions, etc.

Distinguishes the watchman from the rest of the employees of the organization also the mode of working time and rest time. These conditions must be specified in the employment contract, taking into account the work standards established by the Labor Code of the Russian Federation. If the work schedule is shifted, then the duration of shifts and the procedure for accounting for hours worked are established.

Taking into account the specifics of the work, it would not be superfluous to indicate in the employment contract with the caretaker the requirements for the health status of the employee. After all, in case of illness, the watchman will not be able to leave the workplace to go to the pharmacy or receive medical care.

In turn, the employer should assume the obligation to provide the employee with the necessary living conditions for keeping watch. And also provide it with means of communication and a minimum set of household appliances- for example, for cooking hot food.

Perhaps the main point in the relationship between the employer and the caretaker is responsibility. Since the caretaker is obliged to ensure the safety of the employer's property, the cases of his material liability and its amount must be described in as much detail as possible in the employment contract, based on articles 232 and 238 Labor Code RF.

A separate contract on material liability may be concluded with the watchman, but it is concluded exclusively for the property entrusted to him for the implementation of his functions. Arbitrage practice follows the path of refusing to satisfy the requirements of the organization to the watchman for the recovery of the amount of damage caused to it as a result of his failure to fulfill his obligations, unless the fact of entrusting the property to him is proved.

However, one should not demand from the watchman the ability to give a worthy rebuff to potential thieves of property. Its tasks should include, first of all, detecting an attempt to enter the territory and promptly notifying law enforcement agencies and the employer about this.