Agreement. What your employment contract should look like: rules and samples. The employee has the right

Example #1

Employment contract No. ________

_____________ “____”______________20__

LLC "Firm" represented by the director ____________________________, acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and citizens ________________________________________________________________________________, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement as follows:

1. General Provisions.

1.1. An employee is hired at Firma LLC at the address: ___________________________________________ for the position ___________________________________________________________________.

1.2. The employee is obliged to start work from “____”_______________20___.

1.3. The employee is given a probationary period of ____________months.

The probationary period does not include the period of temporary disability and other periods when the Employee, with the permission of the Employer, was absent from work for valid reasons, as well as absence from work without a valid reason (absenteeism).

The Employee who has passed the test continues to work without any additional registration.

If the test result is unsatisfactory, the Employee is released (dismissed) from work on the basis of an order from the Employer.

1.4. During the probationary period, the Employee is fully subject to the labor legislation of the Russian Federation.

1.5. This agreement is concluded for an indefinite period.

1.6. Work for the Employer is the Employee’s main place of work.

2. Responsibilities of the parties

2.1. The employee undertakes:

2.1.1. Perform job duties specified in the job description.

2.1.2. Maintain labor, production and financial discipline and conscientiously perform their official duties specified in clause 2.1.1 of this employment contract.

2.1.3. Obey the internal labor regulations, including observing the daily routine established in the institution.

2.1.4. Treats the Employer's property with care, including equipment and office equipment in his use, and ensures the safety of the documentation entrusted to him.

2.1.5. Do not disclose during the period of employment with the Employer, as well as in the subsequent year after dismissal, data that is a trade secret of the Employer and confidential information obtained in the course of one’s employment.

2.1.6. Carry out efficiently and in a timely manner the instructions, tasks and instructions of the director of the institution given by him in accordance with his competence.

2.1.7. Comply with labor protection, safety and industrial sanitation requirements.

2.1.8. Contribute to the creation of a favorable production and moral climate, the development of corporate relations in the Employer’s workforce.

2.1.9. If you change the information entered in the T-2 form card (family composition, passport data, residential and registration address, contact phone number, etc.), inform the Employer within 2 days.

2.2. The employee has the right:

2.2.1. Familiarize yourself with the Employer’s regulatory documents regulating the Employee’s activities.

2.2.2. For the provision of work stipulated by this agreement.

2.2.3. To a workplace that meets the conditions of state standards and labor safety.

2.2.4. For annual paid vacations (main and additional) in accordance with the Labor Code of the Russian Federation and the vacation schedule.

2.2.5. For timely and full payment of wages in accordance with your position, qualifications, conditions, complexity of work and quality of work performed.

2.3. The employer undertakes:

2.3.1. Comply with the terms of this employment contract, the requirements of the Labor Code of the Russian Federation and laws regulating the work of employees.

2.3.2. Provide the Employee with the conditions necessary for safe and effective work, equip his workplace in accordance with labor protection and safety regulations.

2.3.3. Pay wages stipulated by this employment contract and other payments due to the Employee on time.

2.3.4. Provide guarantees and compensation established by the current legislation of the Russian Federation and the Republic of Kazakhstan.

2.3.5. In the prescribed manner, make entries in the Employee’s work book, store it and issue it to the Employee on the day of dismissal.

2.3.6. Ensure the protection of the Employee’s personal data contained in their personal files and other documents from unlawful use or loss.

2.4. The employer has the right:

2.4.1. Require the Employee to conscientiously perform work duties and comply with internal labor regulations.

2.4.2. Encourage him for conscientious and effective work.

2.4.3. In case of production necessity, recall the Employee from the next vacation with subsequent compensation of unused vacation days.

2.4.4. Bring the Employee to disciplinary or financial liability in cases of improper performance of duties and causing material damage to the Employer in accordance with federal laws, laws of the Republic of Kazakhstan and internal labor regulations.

2.4.5. If there is a need to conduct professional training, retraining, advanced training in educational institutions of professional higher and further education at the expense of the Employer.

3. Remuneration

3.1. The employee is set, in accordance with the staffing table, an official salary according to the ________ wage category of the unified tariff scale (UTS) for the remuneration of employees of municipal institutions.

3.2. The employee is given a bonus in the amount of:

• percentage bonus for work in the Far North and equivalent areas ______%.
• regional coefficient to wages _____%.

3.3. Monthly bonus in the amount of ______% of the official salary.

3.4. Payment of bonuses, allowances, additional payments and provision of financial assistance is carried out within the limits of the wage fund approved for the current year.

3.6. The procedure and conditions for bonuses are established by the “Regulations on material incentives for employees of the institution.

4. Work and rest schedule. Providing leave

4.1. The employee is assigned a 36-hour work week - 5 days with two days off (Saturday and Sunday).

4.2. The start and end times of the working day, rest breaks are determined by the internal labor regulations.

4.3. Involvement of the Employee to work on a day off and a non-working holiday is carried out with the written consent of the Employee by written order of the Employer with the agreement of another day of rest.

4.4. The employee is annually granted regular leave with pay for a duration of 28 calendar days.

Leave for the first year of work is granted after six months of continuous work with the Employer. In cases provided for by the Internal Labor Regulations, at the request of the Employee, leave may be granted until the expiration of six months of continuous work with the Employer.

Vacation for the second and subsequent years of work is provided in accordance with the priority of vacations, according to the vacation schedule approved by the Employer, drawn up taking into account the wishes of employees about the time of the proposed vacation.

4.5. Replacement of regular vacation with monetary compensation is not permitted, except in cases of dismissal of an Employee who has not used the granted vacation.

4.6. The employee is granted additional leave for work in areas equivalent to the regions of the Far North in the amount of 16 calendar days.

At the request of the employee, additional leave can be replaced with monetary compensation.

4.7. Part of the annual paid leave exceeding 28 calendar days, not used in the current year, can be replaced by monetary compensation upon the written application of the employee in the year following the current one.

4.8. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

5. Responsibility of the parties

5.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, internal labor regulations, as well as causing material damage to the institution, he bears disciplinary, financial and other liability in accordance with current legislation.

6. Grounds for termination of an employment contract

6.1. Termination of this employment contract occurs in accordance with current labor legislation, as well as in the event of violation of the obligations assumed by the parties.

6.2. The contract may be terminated:

• by agreement of the parties;
• at the initiative of the Employee, on the grounds provided for in Art. 80 of the Labor Code of the Russian Federation (by written warning to the Employer two weeks before termination);
• at the initiative of the Employer, in the following cases:
• liquidation of the enterprise;
• reduction in the number or staff of the enterprise;
• inconsistency of the Employee with the position held or the work performed as a result of:
• health status in accordance with a medical report;
• insufficient qualifications
• repeated failure by the Employee to fulfill his labor duties without good reason, if he has received a disciplinary sanction;
• a single gross violation of labor duties by the Employee;
• disclosure by the Employee of a trade secret that became known to him in connection with the performance of his job duties;
• commission of guilty actions by an Employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the Employer;
• submission by the Employee to the Employer of forged documents or knowingly false information when concluding an employment contract;
• on other grounds provided for in Art. 81 Labor Code of the Russian Federation;
• in the event of a change in significant working conditions and (or) violation by the Employer of its obligations under this Agreement;
• in other cases provided for by the legislation of the Russian Federation.

7. Special conditions

7.1. An employee does not have the right to perform other paid work during working hours under an employment contract with another Employer.

7.2. All materials created with the participation of the Employee on the Employer’s instructions are the property of the Employer and cannot be transferred to other persons without his consent.

7.3. The terms of this Agreement can be changed only by agreement of the parties and must be in writing.

7.4. The agreement comes into force from the moment it is signed by the parties.

7.5. The agreement is drawn up in two copies. The first is kept by the Employer, the second is kept by the Employee. Both copies, signed by both parties and certified by the seal of the Employer, have equal legal force.

7.6. The parties undertake not to disclose the terms of the contract and not to transfer it to third parties, classifying this as disclosure of official secrets.

Example No. 2

EMPLOYMENT AGREEMENT No. _____

____________________ "____" ___________ 20__
(place of compilation)

(Name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by (position, full name) acting on the basis of (charter, regulations, power of attorney) on the one hand, and a citizen of Russia (Last name , name, patronymic, passport details or a replacement document) hereinafter referred to as the Employee, acting in his own interests and on his own behalf, on the other hand, have entered into this employment agreement (hereinafter referred to as the Agreement) on the following:

1. GENERAL PROVISIONS
1.1. An employee is hired
- to the enterprise as (profession, qualification);
-for the position
to perform the following job duties (brief description).
1.2. The Employee’s place of work is ____________ (address of the organization).
1.3. An employee is hired to work in (department, subdivision) of the Employer’s organization.
1.4 The employee reports directly to the manager ___________________________.
1.5. The work under this employment contract is for the Employee ________ (main, external (internal) part-time job)).
1.6. The employment contract is concluded between the Employer and the Employee for a period of time (delete what is unnecessary)
- for ______ year (month) and is valid from “__” _________ 2018 to “__” ___________2018;
- For undefined period;
- for the duration of the work stipulated by this Agreement.
1.7. This employment contract comes into force from the day the Employee is admitted to work, determined by clause 1.7 of the contract.
1.8. Start date: “__” _________ 2018
1.9. The Employee is given a probationary period of _____ months in order to verify the Employee’s compliance with the assigned work.
1.10. When performing his direct labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise and the internal labor regulations of the organization.

2. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE
2.1. The employee has the right to:
2.1.1. Providing him with work stipulated by this employment contract.
2.1.2. Ensuring safety and working conditions that meet regulatory labor protection requirements.
2.1.3. Timely and full payment of wages in accordance with qualifications, complexity, quantity and quality of work performed.
2.1.4. Complete and reliable information about working conditions and labor protection requirements in the workplace. The employee has other rights provided for by the labor legislation of the Russian Federation and this employment contract.
2.2. The employee is obliged:
2.2.1. Conscientiously fulfill his labor duties assigned to him by this employment contract and job description.
2.2.2. Comply with the labor regulations in force at the Employer, occupational health and safety requirements, and other local regulations of the Employer directly related to the Employee’s work activities, which the Employee was familiarized with by signature before signing this employment contract.
2.2.3. Maintain labor discipline.
2.2.4. Treat with care the property of the Employer, including the property of third parties located at the Employer, if the Employer is responsible for the safety of this property, and other employees.
2.2.5. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property), and the property of other employees. The employee is obliged to fulfill other duties provided for by the labor legislation of the Russian Federation and this employment contract and job description.
2.2.6. Do not disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor.

3. RIGHTS AND OBLIGATIONS OF AN EMPLOYER
3.1. The employer has the right:
3.1.1. Require the Employee to conscientiously fulfill his duties under this employment contract.
3.1.2. Adopt local acts directly related to the Employee’s work activities, including labor regulations, labor protection requirements and occupational safety.
3.1.3. Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.
3.1.4. Encourage the Employee for conscientious, effective work. The employer has other rights provided for by the labor legislation of the Russian Federation and this employment contract.
3.2. The employer is obliged:
3.2.1. Provide the Employee with the work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee that comply with regulatory labor protection requirements.
3.2.3. Provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties.
3.2.4. Pay the full amount of wages due to the employee on time.
3.2.5. Process and ensure the protection of the Employee’s personal data in accordance with the legislation of the Russian Federation.
3.2.6. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity.
3.2.7. Provide for the Employee’s everyday needs related to the performance of his job duties.
3.2.8. Pay for the Employee’s training in case of production necessity in order to improve his qualifications. The employer performs other duties provided for in the labor contract
legislation and other normative legal acts containing norms
labor law, collective agreement, agreements, local regulations
acts and this employment contract.
4. WAGES AND SOCIAL GUARANTEES
4.1. For the performance of labor duties provided for in this employment contract, the Employee is provided with:
- official salary in the amount of ________ rub. per month.
- percentage of sales ____;
- (Further).
4.2. Payment of bonuses and remuneration to the Employee is made in the manner established in the Regulations on Remuneration, which the Employee was familiarized with when signing this employment contract.
4.3. Payments of wages to the Employee are made at least every half month within the time limits and in the manner established by the Regulations on Remuneration and other local regulations of the Employer.
4.4. The Employee's salary is paid by:
- issuing cash from the cash register;
- transfer to a bank account _____________.
- (Further).
4.5. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.
4.6. The Employee is subject to benefits, guarantees and compensation established by the legislation of the Russian Federation and local regulations of the Employer.

5. WORKING AND REST TIME
5.1. The employee is given a (standardized, irregular) working day.
- normalized.
The employee is assigned a 5-day work week of 8 (eight) hours. Weekends are Saturday and Sunday.
- unstandardized.
The monthly (weekly) standard working time is _______ hours. The normal duration of the working day should not exceed 8 (4) hours per day. A break for rest and food is not included in working hours. Overtime beyond the normal working hours is paid in the amount of ________ for each hour.

5.2. The employee is granted annual basic paid leave of _______ calendar days. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties and in accordance with the labor legislation of the Russian Federation, paid leave may be provided to the Employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.
5.3. For family reasons and other valid reasons, the Employee, based on his written application, may be granted leave without pay. The duration of this leave is determined by agreement of the Parties and in accordance with the labor legislation of the Russian Federation.
6. SOCIAL INSURANCE
6.1. The employee is subject to compulsory social insurance (pension, medical, against industrial accidents and occupational diseases) in accordance with the Labor Code of the Russian Federation and other federal laws.
7. OTHER CONDITIONS OF THE EMPLOYMENT CONTRACT
7.1. The Employee undertakes, during the term of this employment contract and after its termination for _______ years, not to disclose a legally protected trade secret that has become known to the Employee in connection with the performance of his job duties. The list of information constituting a legally protected trade secret must be familiarized to the Employee against signature.
7.2. In case of violation of the procedure for use and unlawful disclosure of information specified in clause 7.1 of this agreement, the relevant guilty Party to the agreement is obliged to compensate the other Party for the damage caused.
8. RESPONSIBILITY OF THE PARTIES TO AN EMPLOYMENT CONTRACT
8.1. The Employer and the Employee are responsible for non-fulfillment or improper fulfillment of assumed duties and obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.
8.2. For committing a disciplinary offense, that is, failure or improper performance by the Employee through his fault of the labor duties assigned to him, disciplinary sanctions may be applied to the Employee as provided for in Article 192 of the Labor Code of the Russian Federation.
8.3. The Employer and the Employee may be brought to financial and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.
9. CHANGE AND TERMINATION OF THE EMPLOYMENT CONTRACT
9.1. Each of the Parties to this employment contract has the right to raise with the other Party the question of its addition or other changes to the employment contract, which, by agreement of the Parties, are formalized by an additional agreement, which is an integral part of the employment contract.
9.2. Changes and additions may be made to this employment contract by agreement of the Parties also in the following cases:
when the legislation of the Russian Federation changes in the part affecting the rights, obligations and interests of the Parties, as well as when local regulations of the Employer change;
in other cases provided for by the Labor Code of the Russian Federation.
9.3. If the Employer changes the terms of this employment contract (except for the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before their change (Article 74 of the Labor Code of the Russian Federation) . The Employer is obliged to notify the Employee personally and signed at least two months before the dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.
9.4. This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws. Upon termination of an employment contract, the Employee is provided with guarantees and compensation provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.
10. FINAL PROVISIONS
10.1. Labor disputes and disagreements of the Parties regarding compliance with the terms of this employment contract are resolved by agreement of the Parties, and in case of failure to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.
10.2. To the extent not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
10.3. This employment contract is concluded in two copies having equal legal force. One copy is kept by the Employer in the Employee’s personal file, the second copy is kept by the Employee.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Employer:
Address:
Tel.:
INN/KPP
r/s
in the bank
short-form
BIC
OKPO

Worker:
Passport:
Registration address:
Taxpayer Identification Number:
SNILS:

Signatures of the parties to the employment contract:

Employer Employee

Signature I. O. Last name Signature I. O. Last name

In 2019, draw up an employment contract for each employee separately. At the same time, take into account the specifics of the work and the peculiarities of working conditions. We'll tell you what should be in an employment contract and how to draw it up. Also in the article you will find ready-made samples of employment contracts for 2019 with employees of different professions and working conditions.

Employment contracts with employees: ready-made samples for 2019 (download for free)

An employment contract is the main document that confirms the existence of an employment relationship between an employee and an organization. There are general terms of the contract, but in each specific case the employer can exclude and change them. Below, download samples of employment contracts relevant for 2019.

Sample employment contract for 2019 with the chief accountant (section 1 "General provisions")

Employment contract 2019: concept and types

Employment contract is an agreement between an employer and an employee, according to which one party undertakes to provide work and pay money for it, and the second party to perform its duties on its own and obey the rules of the employer (Article 56 of the Labor Code of the Russian Federation).

By law, a contract must be drawn up separately for each of the accepted newcomers. It is important to remember that this document cannot be replaced with any other. For example, by order or directive of the director.

It is necessary to conclude an agreement with an employee within three days of hiring him (Part 3 of Article 67 of the Labor Code of the Russian Federation). True, the law does not prohibit drawing up a contract in advance - before the employee begins to perform his duties. To do this, only the date of its release is reflected.

If the new employee does not show up on the designated day, the contract can be canceled (Article 61 of the Labor Code of the Russian Federation). And it doesn’t matter for what reasons he didn’t go to work on the first day.

The contract must be strictly in writing. You cannot verbally promise employment. After all, in fact, the employee will not know what working conditions he agreed to. Therefore, the contract must be drawn up on paper, in two copies - for the employer and the employee. Proof that the parties have discussed all the terms will be the signatures on the document.

An absolute rule when hiring new employees is also to familiarize yourself with internal documents. For example, internal regulations, regulations on remuneration, business trips, labor protection rules at work, etc. (Part 3 of Article 68 of the Labor Code of the Russian Federation).

If an employer does not follow the procedure for hiring employees, this is a violation. Labor inspectors will fine both the company and its manager (or personnel officer). The penalties are significant:

The employer does not recognize the employment relationship

• from 10 to 20 thousand rubles - for a manager, director (Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The employer evades or has entered into a contract with violations

• from 10 to 20 thousand rubles - for a manager (director);
• from 50 to 100 thousand rubles - per company (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Important

The company does not have the right to simply refuse a job to an applicant; there must be a good reason. For example, his qualifications do not correspond to the open position, he has no knowledge of a foreign language, etc. It is also impossible to refuse employment on grounds of discrimination: gender, race, skin color, religion, etc. If the applicant asks to justify the reason for the refusal, the employer must respond in a letter to 7 working days (Article 64 of the Labor Code of the Russian Federation).

Employers themselves draw up an employment contract, the form is arbitrary. Therefore, the structure of the document for certain newcomers may differ due to the specifics of the job, position, location and working conditions, etc. In addition, contracts are distinguished by the status of the employer - LLC, JSC, individual entrepreneur or employee - minor, foreigner, etc. Types of contracts, see the diagram below.

Employment contract with employee 2019: terms

The procedure for drawing up an employment contract in 2019 involves approval of the terms within which the newcomer will perform duties. According to the code, a contract can be signed for:

• indefinite term;
• limited in time (urgent).

At the same time, staff must be hired indefinitely. More precisely, with an open dismissal date. Since for a fixed-term contract there must be circumstances under which it is impossible to hire an applicant for an indefinite period (Article 59 of the Labor Code of the Russian Federation). For example, for a season, to work abroad, etc. Moreover, a fixed-term contract should last no more than 5 years - this is the maximum period. For example, you can hire a specialist for temporary work for no more than 2 months.

The validity period of a fixed-term contract may also depend on a number of events that should occur in the near future. For example, before the main employee goes to work. The reason for the urgency must be written down in the contract itself, otherwise it can be declared invalid.

The employer can also establish a probationary period, no more than 3 months. For managers, deputies and chief accountants, the tests last a little longer - up to 6 months (Article 70 of the Labor Code of the Russian Federation).

Employment contract form 2019: contents

Employers decide independently how to draw up an employment contract. There is no single form, since employees have different functions, work hours, remuneration amounts, etc. Nevertheless, mandatory and additional information is highlighted in the contract (see Table 1).

Table 1. Contents of the employment contract

Small businesses - companies and individual entrepreneurs

Employers of this level have the right to use standard employment contracts (Resolution of the Government of the Russian Federation dated August 27, 2016 No. 858). At the same time, it is not necessary to leave all the points; some of them can be excluded (letter of the Ministry of Labor of Russia dated June 30, 2017 No. 14-1/B-591).

Reflect the information in the contract sequentially - in sections. For example, the contents of the form should include the subject, rights and responsibilities of the employee, etc.

Among other points, reflect the working conditions. This is a mandatory section that reflects the classes and subclasses of danger and harm of work. They are determined based on the results of a special assessment or workplace certification (see Table 2). If the work is harmful, then benefits and compensation are provided.

Table 2. Classes and subclasses of working conditions

In the “Payment” section, write down not only the size of the tariff rate or salary, but also other payments. For example, allowances, plan bonuses, etc. If you forgot to reflect the type of additional payments, you can make changes to the section by means of an additional agreement. Provided that this does not infringe on the rights and interests of the employee. Therefore, before adjusting wages, obtain his consent.

The 2019 employment contract form must also include a section “Rights and obligations of the parties.” Most of its points are determined by law. For example, the employer is obliged to provide work, ensure working conditions, and pay wages on time (see Table 3).

Table 3. Rights and obligations of the parties

Employment contract 2019: procedure for signing with an employee

Applicants who are 16 years old are allowed to be hired, and if they are a foreigner - from 18 years old. At the same time, you can conclude a contract with a teenager under 16 years of age if the work is light and without harm to health (Article 63 of the Labor Code of the Russian Federation). But no matter how old the candidate is, he must be accepted in accordance with the following algorithm:

Before concluding a contract, ask the future employee for documents. The list of papers that will be needed is in Article 65 of the Labor Code of the Russian Federation. Among them are:

• passport;
• work book;
• SNILS;
• diploma of education;
• military ID;
• certificate of absence of criminal record;
• work permit or patent if the applicant is a foreigner;
• parental consent for the teenager to work, etc.

In addition to these papers, request consent to the processing of his personal data. The applicant must complete this document, otherwise the company will be fined.

Step 2. Draw up an employment contract and sign it with the employee

Based on the documents received, fill out the form. In the header of the contract form, indicate the surname, first name, and patronymic of the future employee. Then reflect his position, work functions, payment conditions, rest time, place of work, etc.

Fill out the form in 2 copies - for yourself and the employee. The contract is endorsed on behalf of the organization by the manager or representative who replaces him during his absence. Then put the phrase “ACTIVE” on the form before your signature. The employment contract form in 2019 is signed on behalf of the teenager by his parents or guardian.

You don’t have to assign a number to the document; this is not a prerequisite. But with the number it will be easier to streamline document flow. For example, write down No. 12/2019.

You don’t have to put the organization’s seal on the form, but a document with an imprint is not an error.

Step 3. Issue an order to hire an employee

The admission of an applicant to the staff must be confirmed by an order or directive from the director. The document is optional, but you can take form No. T-1 (approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1).

In the order, write down the salary amount and other additional payments and compensations that the newcomer will receive. Also include conditions for the employee’s probation, for example, 3 months. If you accepted an applicant without a probationary period, please put a dash in the field.

The order must be issued within 3 days and the new employee must be familiarized with it (Article 68 of the Labor Code of the Russian Federation).

Step 4. Fill out the work book

Based on the order to hire a newcomer, fill out the work book form. If this is the employee's first job, you will need to fill out a cover page. In it, write down your full name, date of birth, information about education and the date you created your work book.

Then enter the information in the Job Details section. First, write down the full name of your organization, then in a line below the position for which the newcomer was hired. Here you will need to reflect the basis - this is the order of acceptance. Enter the data in column 4 (see sample).

Employment contract with an employee 2019: termination procedure

The employer and employee can terminate the contract on their own initiative (see table 4). But for this they must notify each other. Worker warns at least two weeks in advance, and in writing, and not via SMS or messenger message. Otherwise, inspectors will issue a fine (decision of the Rostov Regional Court dated August 3, 2017 in case No. 11-764/17).

An employer can also dismiss an employee before the expiration of the contract, but only for good reasons. For example, repeated violation of labor discipline, for which a penalty was issued - a reprimand or reprimand (Article 81 of the Labor Code of the Russian Federation).

Table 4. Initiative to terminate a fixed-term employment contract

After dismissal of an employee, keep personnel records in the archives. To do this, keep a folder where you file things. Cases can be formed according to the year of hiring or dismissal of employees.

The shelf life of contracts until 2003 is 75 years. Documents with a date after 2003 are stored for up to 50 years (clause 657 of the order of the Ministry of Culture of Russia dated August 25, 2010 No. 558). But if the company is liquidated or bankrupt, then transfer the files to the municipal archive.

When a company signs an agreement with a new employee, the lawyer needs to ensure that the text complies with the requirements of the law. In 2019, use the sample employment contract and drafting tips from this article.

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In this article

The company hired a new employee. It is necessary to conclude an agreement with any employee who is appointed to the main position. If a company commits violations when preparing documents, it will face sanctions from the labor inspectorate, and there is also the risk of a lawsuit. You need to find out if there are any errors. You can check the contents with the sample employment contract of 2018, which we attached to the article.

In 2019, you can use a standard form of an employment contract

Section III of the Labor Code of the Russian Federation regulates the process of concluding employment contracts. The requirements of this section for an employment contract with an employee were not changed in 2018. However, in Art. 63 made adjustments in 2017. Now it is possible to entrust light labor to minors at the age of 14 who have received general education, and at the age of 15 who have interrupted their studies or have been expelled and are receiving education in another form.

42 useful documents for a company lawyer

Check your agreements for 2019 using an employment contract template

Regardless of the company’s staff, it is convenient to use a template when preparing a new agreement. Let's look at this template using an example. The structure of the 2018 employment contract is subject to the requirements of Art. 57 of the Labor Code of the Russian Federation: the document has several sections, in each of which the parties establish the terms of cooperation. The template of a standard employment contract included the following sections:

1. General provisions. Here the parties to the contract are named, the start date of work is indicated, the nature of the work is described, a note is made on the degree of harmfulness and danger according to the latest special assessment, etc.
2. Rights and obligations of the employee and employer. Here they write what rights the employee has under the Labor Code of the Russian Federation and what he must do according to the company’s rules. They record the labor function and make references to internal documents. They also list the rights and obligations of the employer - about timely payment of wages, compliance with labor safety conditions, etc.
3. Terms of remuneration. Here they indicate how the company will pay the new employee. It is necessary to list in detail all the regular payments that the employee is entitled to, as well as the conditions for calculating one-time payments. In addition, in this section they write what guarantees and compensation the company will provide to the employee.
4. Work and rest schedule. This section indicates not only the working hours and the establishment of days off, but also the conditions for leave: mandatory annual and additional.
5. Conditions of social insurance.
6. Section on other conditions. In this section, the company established the requirement of non-disclosure of trade secrets and the condition of liability for violation of this requirement.
7. Responsibility of the parties to the employment contract.
8. Duration, change and grounds for termination of the employment contract.
9. Final provisions.
10. Addresses, signatures and details of the parties.

This list of sections is not exhaustive. The parties to the labor relationship have the right to include other sections in the document at their discretion. Also, if necessary, the provisions of the contract are supplemented by an agreement that is separately concluded with the employee.

An employment contract with an employee in 2018 can be drawn up in free form

The requirements for the form of an employment contract with an employee have not changed in 2018. The document can be drawn up in free form. It is important to ensure that the content complies with the law. In particular, in the example, the following was written on the 2018 employment contract form:

• last name, first name, patronymic of the new employee;
• data from a document that confirms the employee’s identity;
• employee's residential address;
• full name of the company;
• company tax identification number;
• position, as well as last name, first name, patronymic of the manager;
• place and date of conclusion of the contract.

Despite the fact that the parties will once again indicate all this data in the details section of the agreement, they must be displayed in the “header” of the document.

Download documents

Samples of employment contracts for 2019 have changed. The Simplified magazine has prepared official forms and samples, download the finished sample and use it in your work.

You can fill out an employment contract online in the Bukhsoft program. The program will select a contract template for your situation for free and save it in Word format.

Fill out an employment contract online

10 samples of employment contracts for 2019

Required information

The document is drawn up in any form. In Art. 57 of the Labor Code of the Russian Federation specifies the requirements for its content. The contract with the employee must include the following information:

• Full name of the employee
• company name (full name – for individuals)
• information about employee identification documents
• Taxpayer INN
• place and date of conclusion
• employee's future place of work
• labor function
• start date
• terms of remuneration (salary, bonuses, additional payments, etc.)
• working hours
• rest time mode
• guarantees and compensation for work under harmful and/or dangerous working conditions (if the employee is hired under such conditions)
• nature of work (mobile, traveling, on the road, other type of work)
• working conditions in the workplace
• condition on compulsory social insurance of the employee in accordance with the Labor Code of the Russian Federation and other federal laws;
• other conditions provided for by law and other normative legal acts containing rules of law

Completed sample employment contract

When drawing up a contract with a future employee, we recommend using the sample presented below.

In the example, the agreement below is filled out on behalf of an organization (LLC). The contract can be drawn up with any employee: crane operator, car wash operator, etc. Just indicate the desired position.

Individual entrepreneurs can only fill out the same, they just write the full name of the entrepreneur. For this, individual entrepreneurs can use the form of an employment contract with an employee - 2019 in .doc format, presented below.

Download an example of a completed LLC employment contract

Download an example of a completed employment contract for an individual entrepreneur

Standard contract for small businesses

From January 1, 2019, legislation allows employers who are classified as micro-enterprises to use a standard contract.

The essence of the innovation is that the standard form includes all the necessary information so that they do not have to be written down again in personnel documents. Thus, microenterprises may not operate:

• routine rules
• wage regulations
• bonus regulations
• other local labor regulations

When is

The contract describes the entire procedure for interaction between the employee and the employer, their mutual rights and obligations.

Before signing a contract, an individual applying for a vacancy is offered to familiarize himself with the local regulations of the employer - an organization or an individual entrepreneur. These may be Internal Labor Regulations, Regulations on Trade Secrets, a collective agreement, etc. Such a requirement is described in Art. 68 Labor Code of the Russian Federation. If the employee refuses to confirm in writing that he has read and agreed with the above documents, then the contract should not be signed.

It should be completed no later than three days from the date when the employee began performing his work duties. This is written about in Art. 67 Labor Code of the Russian Federation.

Differences between an employment contract and a GPC agreement

The main features of labor relations are listed in Art. 15 Labor Code of the Russian Federation. In addition, the distinctive features of the agreement were listed by the Ministry of Labor in letter No. 17-3/OOG-990 dated December 5, 2014. The emphasis is placed on the fact that if, under a civil law contract, remuneration is paid for the result of the work of an individual, then in labor relations the subject is the process. The document implies exclusively the personal performance of duties by the employee. Whereas, under a GPC agreement, the contractor can turn to other persons for help.

In addition, under a civil law contract, the contractor has the right to perform his work at a time convenient for him, while the contract implies following the rules of the schedule, including presence at the workplace on established days and hours.

Remember these signs, and if you find signs of a relationship in your relations with individuals, then promptly conclude agreements, as required by Art. 19.1 Labor Code of the Russian Federation.

Types of contract

Depending on the validity period, the document can be:

• urgent (when the contract specifies its expiration date);
• unlimited (when the end date of the relationship is not set).

In addition, it happens:

• at the main place of work (the employee’s work book is stored here, standard tax deductions are provided, etc.);
• part-time (in the case where the employee is already in a relationship with another employer).

Employment contracts can also be divided into types depending on the nature of the work, place of work, etc.

But all such agreements are subject to the same content requirements.

At the same time, Art. 57 of the Labor Code of the Russian Federation contains an important instruction - in the absence of any of the mandatory information, the contract is never invalidated, but requires additions either in the form of appendices or additional agreements, or in the form of additions directly in the text of the document.

The very list of conditions in Art. 57 of the Labor Code of the Russian Federation is not closed. Depending on the nature of the work, additional terms in the text may be required.

In the table you will find the required details in accordance with Part 1 of Art. 57 Labor Code of the Russian Federation:

Who signs

Issued in two copies. This is stated in Art. 67 Labor Code of the Russian Federation. The agreement must be signed by the employee, as well as the sole executive body of the employer or a person authorized by him. The list of persons entitled to sign is given in Part 6 of Art. 20 Labor Code of the Russian Federation.

Please note that if the Charter of the employing organization stipulates the presence of a seal, then it should be affixed to the document. But if the Company does not use a seal in its activities, then it is not placed on the employment contract.

On the employer's copy, the new employee must put a signature confirming that the employee took a similar signed document for himself.

Alteration

Amendments to the contract are described in Chapter. 12 Labor Code of the Russian Federation.

In particular Art. 72 implies (with the exception of only some cases) a change in the terms of the relationship only by agreement of the parties. In this case, additional agreements are always drawn up in writing. In addition, for certain cases, notification of employees about upcoming changes is provided for a specified period of time.

Special cases of changes in working conditions are described in separate articles in Chapter. 12 Labor Code of the Russian Federation.

The following changes to the relationship do not require the employee’s consent:

• transfer to temporary work (up to one month) with the same employer to eliminate the consequences (or to prevent) a natural disaster, industrial accident, etc. (Part 2 of Article 72.2 of the Labor Code of the Russian Federation), as well as in connection with downtime (Part 3 Article 72.2 of the Labor Code of the Russian Federation);
• changes related to organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation);
• other cases provided for by the Labor Code of the Russian Federation.

All additional agreements are an integral part of the contract itself.

Download a template of a standard agreement

On our website you can download a sample form. Use it as a basis for developing your contract.

Template of a standard contract

In 2016, legislators supplemented the Labor Code of the Russian Federation with Chapter 48.1, which regulates the relationship between an employee and an employer, which is a micro-enterprise. The chapter came into force on January 1, 2017.

This article contains samples of employment contracts for 2019 for various categories of workers. All of them can be downloaded for free in doc format. We will also consider the design features of the document.

The BukhSoft program automatically generates an employment contract taking into account all changes in legislation. It will take into account the specifics of the work of any employee. The agreement fully complies with the requirements of Rostrud. You can download and print the document in 3 clicks. Try for free:

Employment contract online

Employment contract 2019: sample and template

We bring to your attention completed samples of an employment contract with employees for 2019, which can be downloaded for free in Word format, as well as a blank template of an employment contract for 2019:

You can independently develop a “fish” employment contract for each position. There are no provisions in the legislation that contain a strictly established form. Only for micro-enterprises there is a standard employment contract with an employee; you can download a sample for 2019 for free below (approved by the Russian Government of August 27, 2016 No. 858).

Please note: micro-enterprises can exclude items from the form that they do not require due to the nature of their work. Other companies are required to include all conditions and information required by law.

What should an employment contract template for 2019 contain?

In Table 1 we have provided the mandatory conditions, general information and additional conditions that the document you develop must contain.

Table 1. Mandatory details of the employment contract

The simplest employment contract: sample

In the simple example below we have shown the structure. You can use this example as a basis for drawing up a document for your company. Just write down in detail all the conditions and data listed in the table above.