Rules for drawing up an employment contract. General procedure for concluding an employment contract. An employment contract can currently only be concluded in writing, usually in two copies: one copy is given to the employee

An employment contract can currently only be concluded in writing, usually in two copies: one copy is given to the employee, the other remains with the employer. In some cases, an employment contract is concluded in three copies: for example, with persons working under an employment contract for other individuals when performing work in the household, with minors under the age of 14, in these cases the third copy of the employment contract is given either to the registration authority, or to the guardianship and trusteeship authority.

Hiring is formalized by issuing an order or instruction from the employer, the content of which must exactly correspond to the content of the employment contract.

The hiring order is announced to the employee against signature within three days from the date of his actual start of work.

In some cases, the employer has the right to hire employees only after undergoing an appropriate medical examination (certification). All persons under 21 years of age undergo a medical examination every year.

Article 213 of the Labor Code.

If there are certain conditions that are necessary to perform a specific job, the employer has the right to offer the employee to undergo a psychiatric examination.

In order to test the employee’s business qualities, a probationary period may be established by agreement between the parties.

Article 70 of the Labor Code. When establishing this condition, the following rules must be observed:

1. The conditions of the test must be recorded in the content of the employment contract and in the employment order.

2. If the conditions for establishing a test were not specified in the content of the contract, but were indicated only in the order for employment, then such a condition is considered invalid.

3. During the probationary period, the employee is fully subject to current labor legislation.

4. A test for employment is not established for persons specified in Part 4 of Article 70. In addition to the persons specified in Part 4 of Article 70, a test is also not established for: persons who have graduated from an educational institution under the direction of the employer; persons invited to work through transfer.

5. The specific probationary period is determined by agreement of the parties, but at the same time it should not exceed, as a general rule, 3 months, and for heads of organizations, their deputies, the chief accountant, as well as heads of branches, representative offices and their deputies, the probationary period is not must exceed 6 months (Part 5 of Article 70 of the Labor Code of the Russian Federation).

6. In some cases, the probationary period for certain categories may be set to a longer or shorter duration, for example, according to Part 6 of Article 70 of the Labor Code of the Russian Federation, when concluding an employment contract, from 2 to 6 months, two (2) weeks, and for civil servants, the probationary period may be set from three (3) months to one year.

7. The trial period established by law cannot be increased either unilaterally or by agreement of the parties.

8. If, upon hiring, an employer establishes a probationary period of a longer duration than is provided for by current legislation, then such a condition is considered invalid, and the employee is considered to be hired without establishing a probationary period.

9. The probationary period determined at the conclusion of the employment contract (upon hiring) cannot be extended in the future, even by agreement of the parties.

10. The probationary period does not count periods of time when the employee is absent from work, regardless of the reasons for which he is absent.

11. In the case when an employee does not pass the test, the employer has the right to dismiss him under Article 71 of the Labor Code of the Russian Federation as having failed to pass the probationary period, but in order to dismiss an employee on this basis, the following legal facts must be present:

1) The dismissed employee was given a probationary period in the employment contract;

2) The employer had the right to establish a probationary period for this employee (students who have just graduated from a higher educational institution cannot be assigned a probationary period for a year);

3) The probationary period must be established by agreement of the parties, and not unilaterally by the employer;

4) The probationary period has not expired, that is, the employee can be dismissed on this basis only during the probationary period;

5) The test period does not exceed that established by law;

6) The test results are unsatisfactory;

7) The employer is obliged to warn the employee about dismissal under Article 71 of the Labor Code of the Russian Federation in writing no later than 3 (three) days before dismissal.

8) The employer is obliged to indicate a notice of dismissal and the reason that served as the basis for his dismissal.

9) When an employee is dismissed on this basis, it is not necessary to obtain a reasoned opinion from an elected trade union body and such employee is not given severance pay.

ST 67 Labor Code of the Russian Federation.

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

An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date of the employee’s actual admission to work, and if relations related to the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court.

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

Commentary to Art. 67 Labor Code of the Russian Federation

1. The mandatory written form of an employment contract was established in 1992. According to the Labor Code in its original version, an employment contract could be concluded both in written and oral form. The Labor Code provides only for a written form of employment contract.

An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative. Consequently, failure to comply with the form of the employment contract does not entail the invalidity of the latter: the contract is considered concluded from the moment the employee begins work. From the same moment, the employment contract is considered to have entered into force (see Article 61 of the Labor Code of the Russian Federation and the commentary thereto).

At the same time, the contract is considered concluded and entered into force only if the employee began work with the knowledge or on behalf of the employer or his authorized representative.

The representative of the employer in this case is a person who, in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations, or by virtue of an employment contract concluded with this person, is vested with the authority to hire employees, since in this case upon actual admission of an employee to work with the knowledge or on behalf of such a person, an employment relationship arises (Article 16 of the Labor Code of the Russian Federation) and the employer may be required to formalize an employment contract with this employee in a proper manner (clause 12 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). This rule was introduced in order to protect the employer from actions of its employees beyond the scope of their competence. However, this rule threatens the interests of the employee, since it is not always obvious to him whether the person allowing him to work is acting within the limits of his competence or, conversely, arbitrarily.

Current legislation obliges the employer, when actually admitting an employee to work, to draw up an employment contract with him in writing no later than three working days from the date of actually admitting the employee to work (Part 2 of the commented article). Failure to fulfill this obligation, which has a clearly public legal nature, is the basis for administrative liability of the relevant official of the employer (Article 5.27 of the Administrative Code). Failure of the specified person to fulfill the obligation to draw up an employment contract serves as the basis for bringing him to disciplinary liability.

2. The law does not provide for a single mandatory form of an employment contract, therefore it can be drawn up in any form acceptable to the parties. To simplify the determination of details and the formulation of the main terms of the contract in employing organizations, it is advisable to develop a standard (unified) form (form) of an employment contract, filled out by the parties when concluding it, as an annex to the internal labor regulations in force in the organization or to a collective agreement. The presence of a unified form of an agreement does not exclude the possibility of its conclusion in a different form.

When concluding an employment contract for work in the Far North, it is advisable to be guided by the Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the conditions of the North, approved. Resolution of the Ministry of Labor and Social Development of the Russian Federation dated July 23, 1998 No. 29.

Currently, a number of federal departments have approved standard forms of employment contracts that reflect the specifics of the use of labor in the organizations (institutions) of these departments.

3. The employment contract is drawn up in two copies, each of which is signed by the parties. One copy of the contract is given to the employee, the other is kept by the employer, and the receipt by the employee of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the contract kept by the employer. Failure to comply with this rule does not entail the invalidity of the employment contract.

Thus, the number of copies of an employment contract is regulated by law in a mandatory manner. The parties have the right to draw up copies of the agreement subject to the restrictions established by Chapter. 14 of the Labor Code of the Russian Federation (see Chapter 14 of the Labor Code of the Russian Federation and commentary thereto). At his request, the employer is obliged to provide the employee with a copy of the employment contract according to the rules established by the Labor Code of the Russian Federation (see Article 62 of the Labor Code of the Russian Federation and the commentary thereto).

4. An employer - an individual who is not an individual entrepreneur - is obliged to register a written agreement with an employee in the relevant local government body (see Article 303 of the Labor Code of the Russian Federation and the commentary thereto).

1. Written form of the employment contract in accordance with Part 1 of Art. 67 of the Labor Code of the Russian Federation is mandatory.

Concluding an employment contract in writing means that the employee and the employer draw up a special document - an agreement, which reflects the names of the parties, the mandatory conditions of the employment contract, incl. labor function, other working conditions (see commentary to Article 57). This agreement is drawn up in two copies, each of which is certified by the signature of the employee and the representative of the employer or the employer - an individual.

One copy of the employment contract is given to the employee, the other is kept by the employer. The fact that the employee received one copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. This rule is aimed at protecting the interests of both employees and the employer.

Legislation and other regulatory legal acts containing labor law norms, when concluding employment contracts with certain categories of workers, may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in a larger number of copies (Part 3 of Article 67 of the Labor Code of the Russian Federation).

A written form of an employment contract is required both at the main place of work and when applying for a part-time job. In this case, it does not matter where the employee goes for part-time work - to the same employer for whom the work he performs is the main one, or to another employer.

2. Current legislation does not establish a general (unified) standard form of a written employment contract. In each specific case it is determined arbitrarily. However, when concluding an employment contract, it is necessary to take into account the provisions of Art. 57 of the Labor Code on the contents of the employment contract (see commentary to it).

As the basis for developing the form of a written employment contract, many organizations use the Recommendations for concluding an employment agreement (contract) in writing and the Sample form of an employment agreement (contract), approved. Resolution of the Ministry of Labor of Russia of July 14, 1993 N 135 (Bulletin of the Ministry of Labor of Russia. 1993. N 9 - 10)<1>.

For some categories of workers, taking into account the specifics of their work, the relevant ministries have approved sample forms of written employment contracts. Thus, Resolution of the Ministry of Labor of Russia dated July 23, 1998 N 29 approved Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the North, and a sample employment agreement (contract) with an employee hired to perform work in the regions The Far North and equivalent areas (Bulletin of the Ministry of Labor of Russia. 1998. No. 9). Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 approved a sample employment contract with the head of a federal state unitary enterprise (BNA RF. 2005. N 23). Order of the Ministry of Health and Social Development of Russia dated August 14, 2008 N 424n approved the Recommendations for concluding an employment contract with an employee of a federal budgetary institution and its approximate form.

Since all of these acts were adopted at different times, incl. and before the entry into force of Federal Law No. 90-FZ of June 30, 2006, they should be applied only to the extent that does not contradict the Labor Code as amended by the said Law.

3. Responsibility for compliance with the procedure for concluding an employment contract rests with the head of the organization. The employee does not bear any responsibility for the fact that the employment contract with him is not drawn up in writing or is executed improperly, or an order for his employment has not been issued.

In order to avoid unfavorable consequences for the employee caused by violation of the procedure for concluding an employment contract, Part 2 of Article 67 of the Labor Code of the Russian Federation provides that if the employment contract was not properly drawn up, but the employee actually began work with the knowledge or on behalf of the employer or his authorized representative, then the employment contract is considered concluded and the employer or his authorized representative is obliged no later than 3 working days from the date of actual admission to work to draw up the employment contract in writing.

It should be borne in mind that the representative of the employer in this case is a person who, in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations, or by virtue of an employment contract concluded with this person, is empowered to hiring workers, since it is in this case that when an employee is actually allowed to work with the knowledge or on behalf of such a person, an employment relationship arises (Article 16 of the Labor Code) and the employer may be obligated to formalize an employment contract with this employee properly (Clause 12 of the Resolution Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

05 Feb 2012 02:00

Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force for this employer.
The parties are the employee and the employer.
Correct execution of an employment contract is important for the employee and the employer, since it is the main document on which the employment relationship is based.
However, the correctness of the execution of the employment contract can also be checked by a labor inspector, and if errors are detected in the execution or in the terms of the contract, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation.
Let us note that this norm establishes a fine for heads of organizations in the amount of 1,000 to 5,000 rubles. (for a repeated offense - disqualification for a period of one to three years) and for organizations - from 30,000 to 50,000 rubles.

We draw up an employment contract

An employment contract is concluded in writing (Article 67 of the Labor Code of the Russian Federation).
Written form is provided for all types of employment contracts. Therefore, regardless of whether a fixed-term employment contract is concluded or a contract for an indefinite period, whether the employee’s place of work is the main one or whether it is a part-time job, it is necessary to formalize the employment relationship by concluding a written employment contract.
If the employment contract is not in writing, this fact is the basis for holding the employer liable for non-compliance.

Note! The absence of a written employment contract does not indicate the absence of an employment relationship.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative (Article 67 of the Labor Code of the Russian Federation).

An employment contract is drawn up in duplicate, one of which remains with the employer, and the second is transferred to the employee.
Each copy of the employment contract must be signed by both the employee and the employer.

Note! Upon receipt of his copy of the employment contract, the employee must put a signature on the copy of the employer’s employment contract, which will confirm the fact that the employee received the employment contract (Article 67 of the Labor Code of the Russian Federation). Therefore, we recommend that on a copy of the employer’s contract, provide a separate column “Received the employment contract, date and signature of the employee.”
Let us note that the absence of such an employee’s signature is one of the most common violations that labor inspectors identify during inspections of employers regarding compliance with labor laws.

Age at which it is permissible to conclude an employment contract

According to the general rule established by labor legislation, an employment contract can be concluded with an employee who has reached the age of 16 (Article 63 of the Labor Code of the Russian Federation).

Note! If an employment contract is concluded with an employee under 18 years of age, such employee is first sent by the employer for a mandatory medical examination (Article 69 of the Labor Code of the Russian Federation). And only if there is a medical report, from which it follows that the work is not contraindicated for the young worker, the employer has the right to conclude an employment contract.

Let us note that it is possible to conclude an employment contract with persons under 16 years of age, but only if the conditions established by the Labor Code of the Russian Federation are met.
An employment contract can be concluded with a 15-year-old employee only to perform light work that does not harm his health.
The conclusion of an employment contract is possible only in the following cases:
- when the teenager has already received basic general education (completed 9 classes of secondary school);
- continues to master the general education program in a form of education other than full-time;
- the teenager, with the consent of the parents and the commission on minors’ affairs, left the general educational institution (i.e. stopped studying at school).
An employment contract can be concluded with a 14-year-old student to perform light work that does not harm his health and does not disrupt the learning process.
To conclude an employment contract you must:
- consent of one of the parents (guardian) and the guardianship authority;
- work must be performed in free time from study and not disrupt the learning process.
Labor legislation provides for the possibility of concluding an employment contract with young children, but only with the following employers:
- cinematography organizations;
- theaters;
- concert organizations;
- circuses.
It is possible to use the labor of children to create and (or) perform (exhibit) works without harming their health and moral development.
To conclude an employment contract, permission from the guardianship and trusteeship authority is required, which specifies the maximum permissible duration of daily work and other conditions under which the work can be performed.
The employment contract is signed on behalf of the child by his parent (guardian).

Terms of the employment contract

An employment contract concluded between an employee and an employer is one of the key documents in the formation of labor relations. Each organization independently develops the text of an employment contract, and employment contracts may differ for different employees.
Despite the fact that the Labor Code of the Russian Federation regulates in some detail the legal foundations of labor relations, an employment contract makes it possible to outline the nuances of labor relations.
Conditions such as, for example, the name of the position, the amount of remuneration, are mandatory conditions, individual for each employee.
The structure of the employment contract is as follows.
The employment contract must include information that allows identification of the employee and the employer.
In addition, the employment contract must contain the mandatory conditions listed in Art. 57 Labor Code of the Russian Federation.
In addition to the mandatory ones, the employment contract may contain additional conditions.

Note! The terms of an employment contract that do not comply with the principles of labor legislation are invalid.

So, the employment contract specifies:
- last name, first name, patronymic of the employee and the name of the employer who entered into the employment contract;
- employee’s passport details;
- TIN (taxpayer identification number) of the employer;
- information about the employer’s representative who signed the employment contract, and the basis on which he is vested with the appropriate powers;
- place and date of conclusion of the employment contract.

Mandatory terms of the employment contract

Article 57 of the Labor Code of the Russian Federation lists the conditions mandatory for inclusion in an employment contract:
1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - the place of work indicating the separate structural unit and its location.
2. Labor function(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee).
Let us note that if the work performed in certain positions, professions, specialties legally provides for the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the Unified Tariff and Qualification Directory of Work and professions of workers or in the Unified Qualification Directory of Positions of Managers, Specialists and Employees, approved. Decree of the Government of the Russian Federation of October 31, 2002 N 787.
3. Start date.
4. Validity fixed-term contract; circumstances (reasons) that served as the basis for concluding a fixed-term employment contract.

Note! As a general rule, employing organizations must enter into employment contracts for an indefinite period. A fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for in Art. 59 Labor Code of the Russian Federation.

One of the most common mistakes employers make when concluding an employment contract is concluding a fixed-term employment contract in the absence of grounds for this.
By agreement of the parties, a fixed-term employment contract can be concluded only in the cases provided for in Part 2 of Art. 59 Labor Code of the Russian Federation.
For example, organizations (individual entrepreneurs) - small businesses - have the right to enter into fixed-term employment contracts if the number of their employees is no more than 35 people.
If the employer operates in the field of retail trade and consumer services, the number of employees should not exceed 20 people.
And if the employer unreasonably concluded a fixed-term employment contract, the consequences may be as follows:
- the court may recognize such an agreement as concluded for an indefinite period;
- a labor inspector can hold an employer accountable for violating labor laws.
5. Terms of payment(including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).
It should be noted that the size of the employee’s official salary (tariff rate) must be indicated directly in the employment contract (this is established by Article 135 of the Labor Code of the Russian Federation).
However, many employers prefer instead to use the wording “Payment according to the staffing table” in the text of the contract. This is illegal.
For such wording, the employer may be held liable for violation of labor laws.
6. Working hours and rest hours(if for a given employee it differs from the general rules in force for a given employer).
7. Compensation for hard work and work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of the working conditions at the workplace.
8. Conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, other nature of work).
9. Conditions on compulsory social insurance of the employee. For example: “The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation.”
10. Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

Note! Failure to include one or more mandatory conditions in the text of the agreement does not make such an agreement unconcluded and is not a basis for termination of the employment contract. At the same time, if the labor inspectorate, during an inspection, discovers that mandatory conditions are not reflected in the employment contract, the employer may be held administratively liable for violating labor laws.

Therefore, if the text of the contract does not contain any mandatory conditions, it is necessary to include them in the contract. To do this, you should draw up a written annex to the agreement, which will form an integral part of it.
Let us remind you that all annexes to the agreement must be signed by the parties - the employee and the employer.

Entry into force of the agreement

As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer (Article 61 of the Labor Code of the Russian Federation). At the same time, the parties can independently determine the date of entry into force of the agreement. For example, an employment contract was signed by the parties on May 25, 2011.
It states that it will take effect on June 1, 2011.
Most often, an employment contract is signed on the day the employee begins to perform his or her job duties.
For example, an employment contract was signed on October 17, 2011.
The text of the contract contains a condition according to which the employee begins to perform work duties from the date of its signing.
However, the dates of signing the employment contract and the start of work may not coincide. The employment contract can stipulate a specific date from which the employee begins to perform work duties.
For example, an employment contract was signed by the parties on October 30, 2011. The contract stipulates that the employee begins to perform his job duties on November 11, 2011.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
For example, an employment contract was signed on November 10, 2011.

Note! Currently, when deciding to cancel a contract, the reasons why the employee did not start work on time do not matter. Previously (until October 6, 2006), an employer could cancel an employment contract only if the employee did not start work without good reason.

The period when the employee must begin performing his job duties is not established by the contract. In this situation, the employee starts work on November 11, 2011.
It is possible that an employment contract was signed by the parties, but the employee did not start work on the start date.
In this case, the employer has the right to cancel such an employment contract. A canceled employment contract is considered not concluded (Part 4 of Article 61 of the Labor Code of the Russian Federation).
Please note that cancellation of an employment contract is a right, not an obligation, of the employer.
Therefore, the employer can take advantage of this right and issue an order to cancel the employment contract the very next day after the employee has not started work. The order can be issued at a later date if the employee never returns to work.
At the same time, the employer can find out the reasons for the employee’s absence from work and leave the employment contract in force.

Documents presented when concluding an employment contract

Article 65 of the Labor Code of the Russian Federation provides list of documents which the employee presents to the employer when concluding an employment contract:
- passport or other identification document;
- work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
- insurance certificate of state pension insurance;
- military registration documents for those liable for military service and persons subject to conscription for military service;
- a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.
Failure by the employee to provide these documents is grounds for refusal to conclude an employment contract.
The Labor Code of the Russian Federation prohibits employers from requiring any documents from an employee other than the above.
Often, when concluding an employment contract, employers require employees to present a certificate of assignment of a TIN (taxpayer identification number).
However, this document is not included in the list of documents that the employee must present to the employer. Therefore, the absence of an employee’s certificate of assignment of a TIN cannot serve as a basis for refusal to conclude an employment contract.
When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.
Let us note that the absence of a work book does not actually prevent the conclusion of an employment contract.
If an employee does not have a work book, for example due to its loss, he must write a corresponding statement to the employer indicating the reason for the lack of a work book.
The employer, in turn, must issue a valid work book for the employee and make the appropriate entries in it.
When registering a new work book, information about the employee’s total and (or) continuous work experience before joining this employer, confirmed by relevant documents, is entered into it. The total length of service is recorded in total, i.e. the total number of years, months, days of work is indicated without specifying the employer, periods of work and positions of the employee (Letter of Rostrud dated April 30, 2008 N 1026-6).

An order (instruction) on hiring is issued in the form T-1 (on hiring an employee) or T-1a (on hiring employees), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of a concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

6. Register an order (instruction) about hiring an employee in the Journal of registration of orders (instructions).

7. Familiarize the employee with the order (instruction) about hiring against signature. According to Art. 68 of the Labor Code of the Russian Federation, the employer’s order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work.

8. Make a record of employment in the work book. According to Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. If the employee does not have a work book, the employer will issue one. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work

9. Fill out the Book of accounting for the movement of work books and inserts for them.

The forms of the Book for recording the movement of work books and inserts for them and the Receipt and Expenditure Book for accounting for forms of work books and inserts for them are approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

10. Issue a personal card for the employee, acquaint him, against signature in the personal card, with the entry made in the work book, with the information entered in the personal card. The T-2 personal card form was approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. See the manual "Personal cards: design rules"

11. Register the employee’s personal file if the employer has established the obligation to maintain a personal file in relation to his position.

16. Employment contract: content, procedure for execution, grounds for termination.

T The ore contract must contain the following information:

representation of the parties,

Full name of the employee, his qualifications,

position and nature of the work performed,

start date of work,

type of employment contract (fixed-term/indefinite),

contract for the main place of work/part-time work,

is the test established and what is its duration,

rights and obligations of the employer,

employee rights and obligations,

characteristics of working conditions,

features of working hours,

duration of annual leave,

the amount of official salary and types of additional payments,

deadlines for payment of wages,

type of social insurance,

signatures of the parties.

Conclusion of an employment contract

An employment contract is concluded in writing, the text of the contract is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. As a general rule, it is from the moment of its signing that an employment contract is considered concluded.

Hiring is formalized by order of the employer, which is issued on the basis of a concluded employment contract and reproduces the most essential working conditions of the employee.

When concluding an employment contract in order to verify the employee’s suitability for the work assigned, the agreement of the parties may stipulate his testing for a certain period. When the probation period has expired and the employee continues to work, he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis.

When concluding an employment contract with certain categories of employees, the law does not allow the establishment of a probationary period. So, according to Part 4 of Art. 70 of the Labor Code of the Russian Federation, employment testing is not established for:

Persons applying for work through a competition for filling the corresponding position, conducted in the manner prescribed by law;

Pregnant women;

Persons under the age of eighteen;

Persons who have graduated from educational institutions of primary, secondary and higher vocational education and are entering work for the first time in their specialty;

Persons elected to an elective position for paid work;

Persons invited to work by way of transfer from another employer as agreed between employers;

Termination of an employment contract

Termination of an employment contract is possible, as a rule, only on grounds provided by law. According to Art. 77 of the Labor Code of the Russian Federation, the general grounds for termination of an employment contract are:

By agreement of the parties, the employment contract can be terminated at any time (Article 78 of the Labor Code of the Russian Federation);

Expiration of the employment contract;

Termination of an employment contract at the initiative of the employee;

Termination of an employment contract at the initiative of the employer;

Transfer of an employee, at his request or with his consent, to work for another employer or transfer to elective work;

An employee’s refusal to continue working due to a change in the owner of the organization’s property, a change in the organization’s jurisdiction, or its reorganization.

The employee’s refusal to continue working due to a change in the essential terms of the employment contract;

Refusal of an employee to transfer to another job due to health conditions in accordance with a medical report”;

The employee’s refusal to transfer due to the employer’s relocation to another location;

Circumstances beyond the control of the parties;

Violation of the rules for concluding an employment contract established by labor legislation, if this violation excludes the possibility of continuing work;