Indicating the place of work in the employment contract: the importance of information for the employee and the boss. Main place of work What does place of work mean?

"Personnel officer. Labor law for personnel officers", 2012, N 2

Question: When applying for a job at an LLC, an employee concealed the existence of his main place of work by writing an application for the issuance of a new work book due to its loss. According to the terms of the concluded employment contract, a 40-hour work week was established with days off on Saturday and Sunday. After a month of his work, it became known that this employee also works in the fitness center as a main employee in the evenings and weekends. Is it legal for an employee to have two main jobs? Can the LLC dismiss this employee under clause 11, part 1, art. 77 Labor Code of the Russian Federation?

Answer: It is illegal for an employee to have two main places of work, since according to Art. 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation).

At the same time, the work book is kept only at the main place of work, in which, at the request of the employee, entries about part-time work can be made (Article 66 of the Labor Code of the Russian Federation).

However, in this case, the legislation does not provide for sanctions on the part of the employer against the employee for false information when applying for a job. According to the same article. 282 of the Labor Code of the Russian Federation, the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.

The legislator binds the right on the part of the employer to terminate the employment relationship in strictly defined cases - if a violation of the rules for concluding an employment contract excludes the possibility of continuing work, for example, concluding an employment contract in violation of a court verdict depriving a particular person of the right to occupy certain positions or engage in certain activities, etc. (clause 11, part 1, article 77 of the Labor Code of the Russian Federation).

In Art. 84 of the Labor Code of the Russian Federation lists the grounds on which an employment contract is terminated due to violation of the rules for concluding an employment contract.

Thus, the dismissal of an employee in this situation under clause 11, part 1, art. 77 of the Labor Code of the Russian Federation will be unlawful, since the fact that the employee has another job does not prevent him from performing labor functions in full at his second main place of work.

The employment contract must indicate that the job is a part-time job.

This is due to the fact that the duration of working hours when working part-time (Article 284 of the Labor Code of the Russian Federation) should not exceed 4 hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During 1 month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

For this reason, it is required to keep records of working hours at the main place of work and part-time work.

Thus, this is primarily necessary to respect the right of the employee himself to limit working hours (no more than 4 hours a day) when working part-time.

In addition, when working part-time, the employee is guaranteed the same labor rights and the right to guarantees and compensation (social insurance benefits, vacation, etc.) as at the main place of work - Art. 287 Labor Code of the Russian Federation.

However, in practice, it happens that for various reasons employees do not inform the part-time employer about their main job and the employer, not knowing about the main place of work, “loads” the employee with working hours in excess of those established by law.

At the same time, the employee receives bonuses in the form of temporary disability benefits, maternity benefits, etc. for all places of work (including working hours for all places of work) in excess of established standards.

When checking the payment of social insurance benefits, since benefits are paid from the budget of the Federal Social Insurance Fund of the Russian Federation, inspectors of the Federal Social Insurance Fund of the Russian Federation regarded this behavior of the employee as an abuse of the right to receive benefits from the state “pocket.” However, the courts did not support the position of the Fund’s auditors, considering the actions of the employee and employer to pay benefits to be lawful, since social insurance benefits (sick leave, etc.) are state-guaranteed payments in exchange for lost earnings, therefore the employee’s right to find employment in several places of work and receive wages, and in case of loss of ability to work, receive appropriate benefits for all places of work.

S. Sukhorukova

Signed for seal

One of the mandatory conditions that must be specified in the employment contract when concluding an agreement to begin cooperation is the indication of the place of work.

This item has nothing to do with the workplace, so when writing it, you should take into account the presence of nuances that affect this item. For organizations whose legal address coincides with their direct workplace, there are no difficulties when filling out this line. But what if the company is a branch or division? How to correctly enter information for remote employees or for those who have a traveling nature of work? The employer must know all this, because it does not tolerate mistakes and inaccuracies.

Name of employing organization

Should I indicate the name of the employing organization again when describing the place of work? This point is also interpreted in two ways. On the one hand, it undoubtedly makes sense in the indicated line to start with the name of the organization, then indicate the name of the structural unit and complete everything by indicating the exact address. On the other hand, such a tautology is absolutely meaningless, because the legal name was declared at the very beginning of the contract, and the place of work cannot be provided by another legal entity.

Labor legislation allows the employer to decide for himself what to do correctly in this situation.

There is no indication that this is mandatory or that this approach is prohibited. For an organization, it is better to overdo it a little with clarifications than to understate the obvious. For this reason, in order to avoid certain inaccuracies, it is better to make a step-by-step description of the place of work, starting with the name of the employing organization.

Place of work in a separate department

When the organization is both the head office and the place of work of the hired employee, it is not necessary to include specifications regarding the location in the clause of the contract. But if the hired person performs his duties in another department, workshop, warehouse or office, then clarification on his location will be required in any case. This is clearly stated in Article 57 of the Labor Code of the Russian Federation.

Despite the fact that labor legislation requires specifying the structural unit into which the employee is hired and where he will directly perform his work duties, there is no reference in the article to the fact that it is necessary to indicate the address of the building. Only the need to clarify the location is specified.

When registering an employee in one of the structural divisions, it is recommended to follow the following procedure for describing his affiliation:

The name of the employer's organization itself.
Name of the structural unit.
Location.

This information may look like this:

LLC LUKOIL-ENERGOSETI, Astrakhanenergoneft, Astrakhan.

Representative office and branch

When sending an employee to one of the branches of a company or its representative office, it is understood that he will work in the company, but its location is different from the location of the head office. Large companies may have branches and representative offices both on the territory of the Russian Federation and abroad. This case requires mandatory clarification in the contract, as it may cause misunderstanding, and is interpreted as withholding information from the hired person. When signing an agreement, a citizen must clearly understand what obligations he is taking on and where he will fulfill them.

If the representative office is located in another federal district or even outside the country, then its location should be specified as accurately as possible.

Company name.
Name of the branch or representative office.
Federal district of the Russian Federation or country (if we are talking about another state).
City.

A specific address may or may not be provided as desired.

Place of work for certain categories of workers

Understanding the intricacies of correctly indicating the place of work for permanent stationary employees is not so difficult. But what to do if the very nature of the work involves constant movement?

In modern realities, there are many professions that, due to the nature of their activities, are not required to appear in the office, and if they do, they do so infrequently and are in the room for an extremely short time.

Such professions include:

Couriers.
Drivers.
Forwarders.
Merchandisers.
Remote employees.

They move from one work point to another and spend at least a few minutes at each of them. How to fill out the column we are interested in in the agreement in this case?

For couriers, drivers

An employer should not be afraid of the incomprehensibility of the question when hiring a courier, driver, forwarder or other employee whose work must take place outside the office walls. In this case, the working agreement should indicate exactly the location of the office itself, as well as the city in which it is located. No conflicts with legal regulations will arise if the terms of execution are specified in the agreement as a separate line.

For different professions, the conditions will be set out differently:

The agreement with the courier should state that he is expected to have a traveling nature of work.
For drivers and forwarders, it is necessary to indicate that their duties will be performed while en route.

The wording may vary, but the main thing is not to forget to make such clarifications in the documents.

For remote workers

Remote employees may not show up in the office. They are given assignments remotely, and work is accepted in the same way. They appear in the office once when they are employed. What should an employer do in this case?

In recent years, this issue has become more acute, as more and more companies prefer to transfer some of their employees to remote work.

Such employment reduces some of the costs of organizing workplaces and technical support for employees, and also allows the employee to vary his day and complete tasks at a time convenient for him.

For several years, there have been lively debates about how to properly employ such employees and what to indicate in the line about the place of work. Today, the answer to these questions has not only been received, but also enshrined in the Labor Code of the Russian Federation. Article 312 of the Labor Code states that for remote workers, the place of work is considered to be the location of the office of the company in which he was hired. And where the person himself will be does not matter. At the same time, the agreement must indicate that the hired person is working remotely or. This clarification can be made both in a fixed-term contract and in an agreement without a term, for permanent employees or those who work part-time.

Cases of change of place of work

Long-term interaction between the parties may lead to changes in working conditions. The clause on the location of the place of work is also subject to change. Changes are possible if an employee, on his own initiative or at the will of the employer, is transferred to another branch or city within the same company. Do not forget that the agreement itself is a bilateral document that was signed with the goodwill and consent of both members of the labor relationship. Accordingly, all changes to it are also made through bilateral agreement. If the employer intends to transfer the employee to another branch and change the information specified in the agreement, then he is obliged to notify the hired person about this.

When it comes to changing an employer a priori, we are not talking about changes. In this case, the citizen resigns from one organization, severing relations with the previous employer, and enters into new ones. And the new employer specifies all working conditions in the contract, including the place of work.

Registration procedure

If there is a need to change information about the place of work, the employer must follow the following procedure:

Provide written notice of changes to this clause of the agreement.
Give the notice to the employee at the workplace or send him the document by registered mail.
Receive a written response from the employee.

The employee may agree to the transfer to another office or refuse it. It expresses its opinion in writing on the notification received, with the words “agree” or “disagree.”

Further actions of the employer depend on the consent of the other party. If it is received, an additional agreement is prepared specifying the changes. If there is disagreement, the employee continues to work in the same mode and in the same place.

Is it possible to indicate a place of work without a specific address?

According to Art. 57 of the Labor Code of the Russian Federation, one of the mandatory conditions of an employment contract is the place of work. In the event that an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another area, it is necessary to indicate in the contract the place of work, indicating the separate unit and its location.

The Labor Code does not explain how to formulate this condition. In general, indicating in the employment contract the specific address at which the employee performs his work function as the place of work is not mandatory. This means that the employer has the right to provide both the full address of the company, as well as its name and the city in which it is located, without the street and house number. For branches and divisions in another city, the location must be indicated.

The Review of the practice of considering cases related to the implementation of labor activities by citizens in the regions of the Far North and equivalent areas (approved by the Presidium of the Armed Forces of the Russian Federation on February 26, 2014) states that in the theory of labor law, a place of work is understood as located in a certain area (settlement). a specific organization, its representative office, branch, other separate structural unit. If the organization and its separate structural unit are located in different locations, based on part two of Art. 57 of the Labor Code of the Russian Federation, the employee’s place of work is specified in relation to this structural unit.

The place of work can be understood as the name of the employer and its location, or as the actual place where the employee performs his work functions.

The position of the RF Armed Forces is clear, since the place of work is the organization itself where the employee works. The organization is characterized by name and location. The location of a legal entity is determined by the place of its state registration on the territory of the Russian Federation by indicating the name of the locality (municipal entity) (Article 54 of the Civil Code of the Russian Federation).

Accordingly, as a place of work, the employer has the right to indicate only the name of the organization and the city where it is located, without the street and house number.

The legality of stating the place of work by indicating the name of the organization and the city in which it is located was also noted by the Bryansk Regional Court. In the case he examined, the GIT inspector ordered that the missing condition be indicated in the employment contract with the employee, namely the place of work - a separate or structural unit and its location. But since all the separate divisions of the employer were located within the same locality (city), the court did not see the need to specify the address of the place of work (Appeal ruling of the Bryansk Regional Court dated August 14, 2012 in case No. 33-2598/12).

The possibility of indicating a place of work without mentioning a specific address also follows from Part 3 of Art. 72.1 Labor Code of the Russian Federation. The wording of this norm allows us to conclude that the legislator allows that the movement of an employee from a certain employer to another workplace or to another structural unit located in the same area does not entail a change in the terms of the employment contract determined by the parties.

Therefore, we believe that the condition regarding the place of work in an employment contract can be formulated by indicating the name of the employer and the location in which the employee will actually perform his work function, for example:

The employee’s place of work is the State Budgetary Institution “Maternity Hospital No. 5” (Moscow).

What difficulties may arise when specifying a specific address?

When indicating as a place of work not only the name of a locality, but also the specific address of the organization, certain difficulties may arise. For example, if an enterprise moves to another area of the city, it will be necessary to obtain consent to change the mandatory terms of the employment contract from the employee. If the street and house number are not indicated in the employment contract, the place of work does not change, since the move takes place within the same locality.

Determining the place of work by locality (without specifics) can be important if the employer has several separate divisions, such as shops, in one locality. In this case, indicating the name of the organization as the place of work (possibly with the clarification that the work will be performed in a chain of stores) will mean that the employer can send the employee to any of the chain stores in the city. Even if stores are located at a significant distance from each other, sending an employee to different stores will not require additional consent from the employee. As a result, the employee’s arguments about changing the work schedule and personal inconvenience as a result are not taken into account (Appeal ruling of the Irkutsk Regional Court dated August 18, 2016 in case No. 33-11462/2016).

The place of work is a separate structural unit.

There are two possible scenarios here.

An employee is accepted into a branch, representative office, or other organization located in a different area than the parent organization. According to the rules of Art. 57 of the Labor Code of the Russian Federation, if a separate structural unit of an organization is located in another area, then the employment contract reflects the place of work indicating the separate structural unit and its location. That is, labor legislation obliges a detailed indication of the place of work when an employee is accepted into an organization that has a complex organizational structure. In such a situation, the name of the employer is not enough; it is necessary to indicate which branch, representative office or other separate structural unit located in another area the employee is accepted into, and indicate his location - the exact address.

By location it is logical to understand the specific address of the structural unit in which the employee works.

Here is an example of a possible wording of a condition regarding the place of work if an employee is hired into a separate structural unit:

1.3. Place of work: State Budgetary Institution "Arzamas Regional Hospital", paramedic and obstetric station, village. Vetoshkino, Arzamas district, Nizhny Novgorod region, st. X, no. 13.

The employee is accepted into a separate structural unit, which is located in the same area as the organization itself. In this case, information about the place of work in the employment contract may not be specified. We draw this conclusion based on the following. Paragraph 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 c states that structural units should be understood as branches, representative offices, as well as departments, workshops, sections, etc., and by other locality - locality outside the administrative boundaries territorial boundaries of the corresponding locality.

The obligation to indicate in the employment contract the location of a separate subdivision is provided for by the Labor Code of the Russian Federation only for the case when a separate subdivision is located in a location other than the head office of the organization, outside the administrative boundaries of the locality indicated in the employer’s constituent documents as the place of state registration.

Accordingly, if the branches are located within the same locality, the employer has the right not to specify that the employee is being hired at a branch located in the same city. At the same time, as an analysis of judicial practice has shown, GIT inspectors sometimes make claims to employers, demanding specification of the place of work. To minimize controversial issues and conflicts with regulatory authorities, we suggest formulating the terms of the place of work in the employment contract approximately as follows:

1.3. Place of work: State Budgetary Institution "Nizhny Novgorod Regional Children's Hospital", structural unit "Children's Clinic", Nizhny Novgorod, st. N, no. 88.

In this case, it will not be possible to move an employee from one structural unit to another without consent to change the terms of the contract. It will be necessary to conclude an additional agreement and complete the transfer.

Place of work when concluding an employment contract for remote work.

According to Parts 1 and 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote work is the performance of a labor function specified in an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer , subject to the use of public information and telecommunication networks, including the Internet, to perform this job function and to carry out interaction between the employer and employee on issues related to its implementation.

Specifying the place of work in an employment contract with a remote worker has its own nuances.

Article 312.2 of the Labor Code of the Russian Federation states that the location of the employer is indicated as the place of concluding an employment contract on remote work, agreements on changing the terms of the employment contract on remote work determined by the parties.

It would seem that this norm is special in relation to Art. 57 of the Labor Code of the Russian Federation, that is, it is not at all necessary to indicate the place of work (if there is a special norm, it prevails over the general one). At the same time, Rostrud, in Letter No. PG/8960-6-1 dated October 7, 2013, expressed the opinion that information about remote work should contain information about the place of work in which the remote worker directly performs the duties assigned to him by the employment contract. The Ministry of Finance in Letter No. 03-04-06/54321 dated 08/01/2018, when considering the issue of personal income tax on income under an employment contract for remote work, also indicated that the place of work is a prerequisite for inclusion in the employment contract.

Therefore, we believe that remote work still needs to be reflected in the employment contract. We recommend indicating the place where the remote worker actually performs his job duties, for example, like this:

1.3. Place of work: place of actual performance of labor duties, Moscow.

Let us briefly formulate the main conclusions.

When describing the place of work in an employment contract, it is sufficient to indicate the name of the employing organization and its location, for example a city. It is not necessary to name a specific street or house number.

If an employee is hired into a separate structural unit of an organization located in another area, the place of work is reflected in the employment contract indicating this separate unit and its location - the exact address.

Let us immediately make a reservation that we will not find a direct answer to the question of whether there can be two main places of work in the Labor Code of the Russian Federation. Moreover, current labor legislation gives an employee the right to work simultaneously in several jobs (positions).

However, this should not mislead either the employer or the employee. By officially allowing an employee to take such actions, the legislator establishes the specifics of simultaneous work in several places.

Differences between part-time work and main job

Carrying out work duties for two, three, etc. employers is called the special term “part-time work” (part 2 of article 282 of the Labor Code of the Russian Federation). An important feature of part-time work is the ability to perform it only in free time from the main job, subject to the rules for its registration (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation does not define the concept of “main work”. However, the term itself is used regularly.

So, for example, the employer whose main job is for the employee is obliged to maintain and store his work book. And only this employer is allowed by the legislator to enter information about part-time work into the work book (at the request of the employee) (Article 66 of the Labor Code of the Russian Federation). That is, the main job, in particular, is considered to be work for the employer who keeps the work book.

As we indicated above, part-time work is possible in your free time from your main job. And if the part-time job involves harmful (dangerous) working conditions, the employee must submit a certificate from the main place of work about the nature and conditions of work (Article 283 of the Labor Code of the Russian Federation). Annual paid leave for part-time jobs is provided simultaneously with leave at the main place of work (Article 286 of the Labor Code of the Russian Federation). An employment contract can be terminated early with a part-time worker if his place (position) is replaced by an employee for whom this work will be the main one (Article 288 of the Labor Code of the Russian Federation). And there are many more such examples from the Labor Code of the Russian Federation (study leaves, compensation, guarantees, etc.).

But the most important thing: the totality of these provisions from the Labor Code allows us to draw an important conclusion that the main place of work is the place that is not a part-time job for the employee.

This means that an employee may have two or more places of work, but only one of them can be the main one (where the work book is kept and stored), and all other places of work are part-time work. However, the law does not limit the number of employers with whom an employee can work part-time.

Therefore, if an employee works in two places, then he cannot work in two organizations at his main place of work. It must be registered as a part-time worker with one of the employers. It is necessary to determine the main place of work and enter it into the work book. A record of part-time work is optional and is made at the request of the employee.

Features of working in multiple locations

When working in several places at the same time, there are a few more things to consider.

The dismissal of an employee and termination of the employment contract at the main place of work does not mean that part-time work has automatically become his main place of work.

Part-time work is an independent labor relationship between an employee and an employer. Changing the terms of an employment contract determined by the parties is allowed only by agreement of the parties to the contract in writing (Article 72 of the Labor Code of the Russian Federation).

Therefore, in order for part-time work to become the main place of work, the employee must draw up an additional agreement with the employer (or terminate the previous contract and enter into a new employment contract) to change the previous conditions and hire the employee to the main place of work.

The employment contract must indicate the place of work. Often organizations lose sight of this rule of law and do not indicate anything in the contract. At the same time, the legislator does not indicate what is classified as a place of work or the organization itself or its location. It may be worth specifying the structural unit. Let's try to understand this issue, taking into account the practice of labor relations and the position of the judiciary.

Contents of the employment contract regarding the place of work

The main content of an employment contract (EA) is its terms, which the legislator divides into mandatory and additional. In part 2 art. 57 of the Labor Code of the Russian Federation lists the conditions that must be included in the contract. In the previous edition they were called essential.

When you have to change your employment contract:

Replacing the term “essential conditions” with “mandatory” is quite legitimate. This is the term “essential” in relation to all the conditions contained in Part 1 of Art. 57 of the Labor Code of the Russian Federation (as amended), did not correspond to the ideas. The concept of “essential terms of the contract” established in legal science was different.

The condition on the place of work is one of the mandatory conditions of the employment contract, without which this document cannot be considered concluded. Moreover, in some cases, the condition on the place of work is decisive when establishing the type of contract (agreement on home work, remote work).

At the same time, the Labor Code itself does not specify what should be understood by this term. There is also no consensus among labor lawyers on this matter.

The place of work is considered to be:

the organization itself,
its legal or actual address,
name of the structural unit to which the employee is hired,
his office number.

In addition, in the Labor Code of the Russian Federation itself, the phrase “place of work” is mentioned in different meanings.

Legislative provisions regarding the place of work in an employment contract

When an employee is sent on a business trip, he is guaranteed to retain his place of work (position) (Article 167 of the Labor Code of the Russian Federation).

The employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of his performance of state or public duties (Part 1 of Article 170 of the Labor Code of the Russian Federation).

Topic of the issue

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In turn, a permanent or temporary change in the structural unit in which the employee works is recognized as a transfer to another job. If this is specified in the contract, along with a change in job function (h. 1 tbsp. 72 1 Labor Code of the Russian Federation).

Transfer to another unit in this case will be possible only with the written consent of the worker. Provided that it is not related to organizational or technological changes. It is necessary to distinguish between the concepts “place of work” and “workplace”. The definition of the concept “workplace”, in contrast to the term “place of work”, is given in the law.

A workplace is a place where an employee must be or where he needs to arrive in connection with the performance of a labor function and which is under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

The workplace, as well as the structural unit, can, if desired, be indicated in the TD (Part 4 of Article 57 of the Labor Code of the Russian Federation).

Place of work of remote workers in the employment contract

Under the contract, the employee will work remotely from home. Do I need to indicate my home address in my employment contract?

There is no point in specifying the workplace of a remote worker. Moreover, the TD should not specify the place(s) where the remote worker will work. Since in some cases the tax authorities may regard this as the creation of a separate structural division of the company (paragraph 20, paragraph 2, article 11, paragraphs 1, 4, article 83 of the Tax Code of the Russian Federation).