Section of the working conditions in the employment contract. In the contracts of "pests" indicate that you are giving them soap. Solve contract drafting problems

Labor legislation establishes the right of every employee to working conditions at the workplace that would comply with labor protection standards and the requirements determined by the collective agreement in force in the organization. Consider what these conditions are and what rules govern them.

Working conditions

Working conditions (we will call them below UT) according to Part 2 of Art. 209 of the Labor Code of the Russian Federation represent the sum of the factors of the working environment and the labor process that affect the performance and health of an employee.

The employer is obliged to create safe and normatively grounded UTs for its employees at each workplace, as well as provide reliable and complete information about them (Articles 22 and 212 of the Labor Code of the Russian Federation).

Depending on the degree of harm / danger, UT are divided into four classes (Article 14 of Law N 426-FZ):

1. optimal;
2. acceptable;
3. harmful;
4. dangerous.

Safe and acceptable UT

First class UTs are considered optimal and safe for the worker; at his workplace there are no harmful / dangerous factors that negatively affect health.

UT of the second class is permissible, that is, harmful factors are present, but they affect the employee within the established norm. An employee with such UT is restored by the beginning of the next working day.

Harmful and dangerous UT

The third class includes harmful UT - when the level of exposure to harmful factors is higher than permissible.

Within the third class, four subclasses are distinguished (depending on the increasing level of exposure):

• harmful UT of the first degree: the employee does not have time to recover;
• harmful UT of the second degree: when working in such conditions for more than fifteen years, the appearance of occupational diseases of mild severity is possible without losing the ability to work;
• harmful UT of the third degree: when working in such conditions, it is likely that you will acquire a mild / moderate occupational disease with a loss of occupational ability to work;
• harmful UT of the fourth degree: can lead to severe forms of occupational diseases with the loss of the general working capacity of the employee.

The fourth grade, the highest, is the dangerous UT. Working in them threatens the life of an employee and carries a high risk of acute occupational diseases.

Establishment of the class (subclass) of UT, in addition to labor protection measures, affects the size of the additional rate of insurance premiums paid by the employer to the Pension Fund of the Russian Federation: better conditions labor, the lower the amount of deductions.

The condition of UT in the employment contract with the employee

The SOUT, which has replaced the certification of workplaces since 2014, must be carried out in stages until December 31, 2018 in all organizations and at all workplaces, with the exception of home-based and remote ones.

Then it is held at least every five years; in some cases, an unscheduled SAUT is also possible (Article 17 of Law N 426-FZ).

UT at the workplace in accordance with Art. 57 of the Labor Code of the Russian Federation, as well as guarantees and compensations for work with harmful / hazardous UT, together with their characteristics, are mandatory for inclusion in an employment contract.

This rule does not provide for any delays until the SAWT is carried out.

If at the time of the conclusion of the employment contract this information is not available, then the missing information is entered later directly into the text of the employment contract or added as an integral annex.

The main document establishing the labor relationship between the employee and the employer is the employment contract. Usually, the employer in the contract does not describe in detail the working conditions, but is limited to indicating the position of the employee and his place of work. Sometimes the question arises: is it necessary to specify more full description workplace, including a description of working conditions?

In this article, we will touch on the following topics:

• mention of working conditions in employment contract;
• how to prescribe working conditions in an employment contract;
• example of working conditions in an employment contract.

Mention of working conditions in an employment contract

The employment contract must contain a number of key provisions, including the nature and conditions of work. This is usually done by simply specifying the position and place of work of the employee. However, sometimes the employer asks the question: is it necessary to mention the working conditions in the employment contract, including the hazard classes established during a special assessment of working conditions?

Employees of the organization may be faced with adverse production factors that make up working conditions. According to the text of Article 209 of the Labor Code of the Russian Federation, working conditions are considered to be a combination of factors present in the production environment and labor process that affect the health and performance of the employee. The same article defines workplace employee as a place where he should be in the performance of work duties.

Further, Article 57 of the Labor Code of the Russian Federation, which contains a list of conditions that must be included in an employment contract, has recently been supplemented with a clause "working conditions at the workplace." This amendment was introduced by Federal Law No. 421-FZ of December 28, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law“ On Special Assessment of Working Conditions ”.

Thus, the agreements that come into force on January 1, 2014 must contain information on the hazard classes established based on the results of certification of workplaces or a special assessment of working conditions.

How should the working conditions be prescribed in the employment contract?

A conclusion about working conditions at a specific workplace can only be obtained based on the results of a special assessment of working conditions. Article 27 of Law No. 426-FZ also stipulates that if an organization has carried out certification of workplaces before 01.01.2014, then within 5 years from the date of its completion, a special assessment of working conditions at these or similar workplaces may not be carried out (for except in some cases).

Working conditions are subdivided into classes and subclasses depending on the degree of hazard or hazard. That is, special assessment working conditions (or previous certification of workplaces) determines the presence of unfavorable production factors at workplaces, establishes the degree of their harmfulness or danger, and then, based on the results obtained, classifies the working conditions at the workplace being inspected to a certain class of harmfulness (hazard).

Thus, since the characteristics of the presence in the workplace unfavorable conditions of labor is the class of hazard or hazard assigned to them, then when concluding an employment contract, it is necessary to include information about this class. At the same time, the legislation does not contain any requirements for specifying the details of the document that established the class of working conditions, therefore, it is not necessary to refer to such a document in the employment contract.

For work in harmful or dangerous working conditions, employees are entitled to various benefits and compensations. The procedure and conditions for their provision are determined by the Government of the Russian Federation. Besides, additional compensation can be provided for, for example, by a collective agreement. Accordingly, in the employment contract, it is necessary to fix all established compensations for work with harmful or dangerous working conditions.

Example of working conditions in an employment contract

You can prescribe working conditions in an employment contract different ways... Here are fragments of one of possible options registration of an employment contract.

3. Working conditions

3.1. The Work of the Employee in the position specified in clause 1.1 of the contract is carried out in harmful working conditions.

3.2. Based on the results of a special assessment of working conditions, carried out on (date), the working conditions at the workplace of the Employee were assigned a hazard class 3.2.

• Supplementary agreement to the employment contract on the establishment of compensation for harmful or dangerous working conditions (sample) .doc
• Employment contract template (form) .doc

Available to subscribers only

• Supplementary agreement to the employment contract on the establishment of compensation for harmful or dangerous working conditions (form) .doc
• Form No. 1-T (working conditions). Information about the state of working conditions and compensation at work with harmful and hazardous working conditions (form) .xls

The legislator separately regulates the procedure, as in the employment contract with each employee, to prescribe the basic working conditions at the workplace. The need for legal regulation of this issue is associated with possible abuses by employers in matters of reducing deserved earnings or fixing excessive duration working week... Fixing specific working conditions for the position as a whole, as well as privileged categories of employees separately, allows us to guarantee the equality of all job seekers and deserved monetary compensation.

Labor legislation is very sensitive to the need to comply with the main aspects of labor protection. And this applies not only to regular briefings and lectures on safety, but also, above all, to the organization of a special assessment of the place of work of each employee. This concept includes information about the study:

• factors that negatively affect the health of the person;
• conditions that can be fatal;
• causes of occupational injuries.

Based on this assessment, working conditions are formed, which are further reflected in the employment contract. As a result of the special assessment, there is a formation of opportunities for ensuring the maximum protection of workers. In particular, this applies to the use of individual and collective protective equipment.

Conducting a special assessment is mandatory for all categories of enterprises, regardless of the form of ownership and the procedure for organizing labor. Based on the analysis, information is formed about the harmfulness of the production as a whole or its individual positions, which should be reflected in the contract. Also, harmful working conditions imply a division into classes that are entered into an employment contract and provide for separate benefits and compensation for workers.

Important! Exceptional forms of employment that do not require workplace audits include home-based workers and teleworkers.

The legislation provides for the procedure and procedure for conducting a special assessment, which is based on the following principles of organization:

• familiarization with working conditions occurs as planned, according to the established schedule;
• unscheduled inspections are mandatory, which are associated with a change in the procedure for performing labor activities;
• only a comprehensive analysis is carried out (sample estimates are not allowed);
• all identified changes are made to the employment contract.

Distribution

The characteristic of the main safety indicators, which are associated with the direct implementation of the work process, is displayed in the Instructions and Rules of the Ministry of Health. These documents spell out the main rules for conducting a special assessment and determining the hazard category of an enterprise. Based on the results of the assessment, it is determined whether a particular production belongs to different types harm to the so-called classes. And, in addition to the list of signs that relate the work of employees to various groups, the requirements reflect methods of compensation for possible harm.

Read also List of grounds for concluding a fixed-term employment contract

Table No. 1 "Distribution different types productions into classes, according to the indicators of harmfulness. "

Thus, a special assessment of working conditions (SAWC) is not only a mechanism for protecting the employer, but also mandatory requirement law. The employee must be familiar with the accompanying moments of work, and therefore it is necessary to fix the working conditions in the employment contract.

Highlights

Drawing up a mutual contract is the main condition for the establishment of labor relations. And the agreement must stipulate all, without exception, the attendant factors of service in the company. This is especially true of those moments that can harm the life or health of employees. Proceeding from this, it is imperative to prescribe harmful factors and possible consequences of labor in the employment contract. The wording of the clause should include information that employees will have to perform work under conditions of a specific hazard class, but bonuses and additional compensations will be applied in order to reduce the harmful effect.

So, it is supposed to display such items of labor relations:

• the terms of excessive leave are prescribed (that is, more than 29 days allotted by the legislator);
• minimum 4% salary supplement monthly;
• reducing the length of the working week.

Interestingly, the law offers only a minimal example of benefits and monetary compensation, while the results of applicable incentives can be much higher, and there is no time limit.

Commit order

It is not difficult to figure out how to prescribe the conditions for the performance of labor in the contract. But a package of related papers must be attached to the document. So, at the interview stage, the employer undertakes to warn the applicant about the presence of harmful factors and the possible consequences of long-term work in the position. This also needs to be written in the form of an agreement. To confirm their words, the administration of the company must provide a package of conclusions of a special assessment.

If the employee agrees to the employment on the specified conditions, then he must personally submit an application for hiring him. In the same petition, his acquaintance with the harmful features of production is recorded (each enterprise has its own individual sample). Also list the methods by which the harmful influence on the team will be reduced.

After that, a contract is formed, which is signed by both parties. At the same time, the agreement in mandatory attached papers such as:

• expert opinion on the assignment of a hazard class;
• assessment protocol;
• list possible mechanisms improving labor;
• safety requirements.

It happens that the conditions for the performance of work deteriorate in the process of work. This may be due to a transfer to another location or a reorganization of the company. The legislator allows such a deterioration in working conditions if this is caused by the specifics of the enterprise. To fix a new labor order an additional agreement to the employment contract is drawn up. The only condition in this case is the use, along with the aggravating circumstances, mechanisms to facilitate labor.

Labor contract with harmful working conditions differs from a classic labor agreement with an employee in several parameters. The employer needs to take into account all legal regulations established in relation to manufacturing enterprises, the working conditions on which during the special assessment (SAUT) were found to be harmful or dangerous.

Labor contract with harmful conditions sample: 2016

The relationship between the employee and the employer is regulated by the Labor Code of the Russian Federation, Federal Law No. 426 on SOUT, as well as List No. 298 / P-22, which contains information about workplaces considered harmful.

Labor contract with harmful conditions (sample of 2016 available on our website) at first does not differ from the classic agreement. You need to specify:

Full name and name of the company;

Date, place of detention;

Term of conclusion - it can be a fixed-term employment contract, or it can be concluded for indefinite term(usually);

Job responsibilities and structural unit.

But with the regime of work and rest, compensation and benefits, as well as with working conditions and payment for employee services, everything is somewhat different. Immediately, we note that part-time employment is possible under an employment contract of this type.

On our website, you can, where you need to specify (we provide an example):

1. Characteristics of the conditions: "the work is performed in hazardous working conditions - manual, arc and semi-automatic welding of units" (etc,);

2. Compensation and benefits:

"Additional vacation is provided in the amount of 10 calendar days, as well as compensation payment in the amount equivalent to the cost of milk";

Or "an increase in wages in the amount of 4% on the basis of the Labor Code of the Russian Federation";

Or "the employee is provided with reduced working hours", for classes 3-4 established during the SAWS, a combination of these and other compensations and payments is possible;

3. Provision: "the company provides the employee with overalls."

According to Art. 57 of the Labor Code of the Russian Federation harmful employment contract must necessarily contain all compensation, benefits and detailed functions an employee in order for the agreement to be considered legal. It turns out that the employer needs to consider many details before signing a document with a new employee. The Labor Code of the Russian Federation prohibits the employment of persons under the age of 18 and women under a contract. However, if you create safe conditions- then the norm does not extend its prohibition. To do this, you need to follow the instructions that the expert group will provide you during the SOUT.

Harmful working conditions in an employment contract: more about compensation and payments

Labor contract, harmfulness of the work process which is the basis of cooperation, as already mentioned above, should contain a detailed list of allowances and compensations. Close attention is paid to the mode of work / rest, the basic principles (according to Article 92 of the Labor Code of the Russian Federation):

The maximum duration of a week is 36 hours;

An increase of up to 40 hours is possible, but with the written consent of the employee and with an increase wages, it is possible to use the hourly payment system in the contract or determine the production rates;

A shift at a 36-hour week cannot exceed 8 hours, and at a 30-hour week - 6 hours if a shift schedule is chosen under the contract.

Also, the Labor Code of the Russian Federation assigned to employees working on labor contract, the harmfulness of the work process in which in priority, additional vacation. The minimum duration is 7 days. If the subordinate is entitled to a longer vacation, for example - 14 days, you can, by agreement of the parties, replace 7 days monetary compensation(but the main time cannot be compensated financially).

On our website you can download a sample employment contract with harmful conditions written by qualified lawyers. It is extremely simple to fill it out - answer the questions in the form on the left, and the system itself will distribute the answers to the necessary sections of the agreement. As a result, you will receive a document in a matter of minutes; all that remains is to affix the signatures of the parties. Evaluate the benefits of our service!

We conclude an employment agreement (contract) with an employee

Here is a sample employment contract that I use in my day-to-day HR work. The template contains all the most the necessary conditions, there is nothing superfluous in it.

Keep in mind that everything labor duties the employee must be specified in the job description. Without a job description, the contract I propose has no practical meaning.

EMPLOYMENT CONTRACT No. ____

Place of conclusion of the contract: _____________________

Date of conclusion of the contract: ______________________

Hereinafter referred to as the Employer, represented by a representative: ____________, acting (s) on the basis of ___________, on the one hand, and

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 contract as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this contract, the employee undertakes to personally perform the labor function by position / profession / specialty: _________________.

1.2. Place of work: The employee is hired at _________________.

1.3. Contract time:

Beginning of work: ___________________.

End of work: ________________.

Grounds for concluding a fixed-term employment contract: ___________________.

1.4. Employer's job for an employee is: ______________________.

1.5. The employee is set probation lasting 3 (three) months.

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiry of the test period, notifying him of this in writing not later than three days. If the test result is satisfactory, the employee continues to work under this contract.

If, during the trial period, the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer about this in writing three days in advance.

1.6. Characteristics of working conditions: safe working conditions that meet the requirements of labor protection and safety.

1.7. Nature of work: ___________________.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee is obliged:

Start performing work duties from the day specified in this contract (see clause 1.3)

Conscientiously perform the labor function in accordance with the job description

Correctly and for the intended purpose to use the equipment, devices, materials transferred to him for work, take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees

Ensure the safety of the documents entrusted to him

Within three days, notify the employer about changes in your personal data

Not to disclose information that has become known to him due to the type of activity related to the official and commercial secrets of the employer

Observe the rules of workflow established in the organization, draw up documents in a timely manner, transfer them to the appropriate recipients, for archival storage

Immediately inform the employer or direct supervisor about 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 held by the employer, if the employer is responsible for the safety of this property)

To fulfill in good faith all the obligations stipulated by the current legislation, the collective agreement (upon its conclusion), the internal labor regulations, local regulations and this agreement.

2.2. The employee has the right to:

Providing him with work stipulated by this employment contract

A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement (upon its conclusion)

Rest (weekly weekends, non-working holidays, paid annual leave, breaks during the working day)

Professional training, retraining and advanced training in the manner prescribed by the current legislation

Collective bargaining and the conclusion of collective agreements and contracts, as well as information on the implementation of the collective agreement, agreements

Resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by applicable law

Compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral harm in the manner prescribed by the current legislation

Require the employer to comply with their rights established by the current legislation, the collective agreement (upon its conclusion), the internal labor regulations, local regulations and this agreement.

2.3. The employer is obliged:

Provide an employee with work stipulated by this employment contract

Follow labor legislation and other normative legal acts containing labor law norms, local normative acts, conditions of a collective agreement (upon its conclusion), agreements and an employment contract

Provide the employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties

Pay in full size the salary due to employees within the time frame established by the collective agreement (upon its conclusion), the internal labor regulations, the employment contract

Conduct collective bargaining and bargaining

To acquaint the employee against signature with the adopted local regulations directly related to his labor activity

Carry out compulsory social insurance for the employee

Compensate for harm caused to an employee in connection with the performance of their labor duties, as well as compensate for moral harm in the manner and under the conditions established by the current legislation.

2.4. The employer has the right:

Require the employee to comply with the terms of this agreement, the collective agreement (upon its conclusion), internal labor regulations, local regulations and current legislation

Conduct employee certification and assess the need for training, if necessary, send the employee for training, retraining, advanced training both at the expense of the employer and at the expense of the employee himself (at his request)

Involve the employee in disciplinary and material responsibility in the manner prescribed by the internal labor regulations, this contract and current legislation

Conduct collective bargaining and bargaining.

3. TERMS OF PAYMENT

3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of: ______________.

3.2. Supplements, allowances and incentive payments can be paid to the employee in accordance with local regulations or the decision of the employer.

4. MODE OF WORKING TIME AND REST TIME

4.1. To fulfill his job duties, the employee is set to work hours: __________________________.

Work time: From to "______". Break for meals and rest: from "______" to "______".

Other breaks - in accordance with the internal labor regulations.

4.2. The employee is provided with an annual basic paid leave of 28 calendar days.

4.3. The employee is provided with an additional annual paid leave of ____ calendar days. Basis for granting additional paid leave _______.

5. MANDATORY SOCIAL INSURANCE

5.1. The employee is granted the right to compulsory social (including pension and medical) insurance, insurance against industrial accidents and occupational diseases. Insurance is carried out in accordance with the terms and conditions established by applicable law.

5.2. The employee may be granted the right to additional insurance in accordance with the collective agreement (upon its conclusion) or local regulations.

6. RESPONSIBILITY OF THE PARTIES

6.1. The employee is liable in the manner and on the conditions established by the current legislation:

For non-fulfillment or violation of labor duties - disciplinary liability up to dismissal

For damage caused to the employer by guilty actions (inaction) of the employee - material liability in the amount of damage caused, in particular, in the following cases: damage or destruction of the organization's property, materials, semi-finished products, products, products, as well as tools, measuring instruments, overalls and other items issued for use by the employee, shortage of funds received under the report.

6.2. The employer is liable in the manner and under the conditions established by the current legislation. For harm to the health of an employee, as well as moral harm in connection with the performance of his labor duties - responsibility in the amount of the harm caused.

7. OTHER CONDITIONS

7.1. This employment contract may be terminated on the grounds provided for by law.

7.2. All issues not regulated by this agreement are subject to resolution in accordance with current legislation, the collective agreement (upon its conclusion), internal labor regulations, local regulations.

7.3. This contract is made in 2 copies: one copy of the employment contract is given to the employee, the other is kept by the employer.

7.4. By signing this agreement, the employee gives the employer consent to the processing of his personal data and confirms that he is familiar with:

Job description,

Internal labor regulations,

Regulation on the procedure for processing personal data,

Local regulations: _________________________________________________________.

8. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Features and conditions of the employment contract

The updated realities of reality in 2002 led to the change of the Code of Labor Laws, which had been in force for a long time, to new document- The Labor Code, according to which an enterprise of any form of ownership is obliged to conclude an employment contract with each employee.

This document is a whole set of legal norms governing hiring, transfer to another job, as well as dismissal, which corresponds to the termination of an employment contract.

The subject of an employment contract is labor relations that arise at the time an employee is hired, and the parties to the contract are the employee and the employer.

According to article 56 Labor Code RF, an employment contract is an agreement between an employee and an employer, according to which the employer assumes the obligation to provide the employee with work for the specified labor function, to ensure the proper working conditions stipulated by the Labor Code, other laws and other regulatory legal acts which contain labor law norms.

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He must also pay the employee the due wages in full and on time, and the employee must perform certain work, as well as comply with the internal labor regulations in force at the enterprise.

Unfortunately, real life often disagrees with the provisions of this article. Labor contracts are issued only after some time has passed, sometimes this period reaches 1-2 months, they do not contain a mention of the probationary period, while the newcomer is verbally informed about its existence.

Even if a newcomer makes every effort to stop this lawlessness, in the absence of an employment contract, which is often accompanied by the absence of an entry in the work book, it will be rather difficult to help him.

In this case, only the court can decide the situation, since even the labor inspectorate turns out to be powerless.

Sample employment contract form

Comprehensive information regarding the performance of a specific job function in the agreement is designed to legislatively protect the interests of each of the parties, while preventing a situation where one of them will be in a more advantageous position, and the other in a disadvantaged position.

Article 67 stipulates that an employment contract is drawn up in writing, in two copies, each copy of the contract must be signed by both the employer and the employee.

One copy of the document is handed over to the employee, the second is kept by opposite side, moreover, on the copy of the employer, a note is made on the receipt by the employee of the employment contract, certified by his signature.

The actual content of the employment contract is determined by article 57 of the Labor Code of the Russian Federation.

As evidenced by the employment contract form, a sample of which is given below, the document contains the following information:

This comprehensive document regulates all aspects of labor relations arising between the employer and the employee employed at the main place of work, during the entire labor activity from the moment of the conclusion of the contract.

Practice shows that the contract can contain many hidden tricks aimed at the possibility of manipulation of the employee by the employer. Reorganization, change in the financial condition of the enterprise and many more reasons can significantly worsen your position with formal strict compliance with the terms and conditions of the contract.

Sample of a standard employment contract with a part-time worker

A sample of a standard employment contract with a part-time job is no different from the form of an employment contract for the main place of work.

In the event that an employment contract is concluded with a person working part-time, the document must contain a detailed mention of this fact, as well as in relation to the main place of work.

Correct and detailed description part-time job responsibilities will avoid future misunderstandings and related disputes.

The difference between them is determined by the Labor Code of the Russian Federation in Articles 282 - 288, according to which the main place of work can only be the only one, but part-time work has no quantitative restrictions.

At the same time, each part-time employment relationship must be formalized by an employment contract, which stipulates that the official duties must be performed by the employee during the time free from the main job.

Most often, an employment contract for part-time work is drawn up for production needs, when within one organization an employee performs work duties corresponding to several positions.

This type of part-time job is called internal. External part-time job means that employers are different.

Practice shows that often with internal part-time employment, an agreement is not concluded at all, i.e. people do the work of absent colleagues without any additional payments from the administration.

Essential terms of the employment contract

Art. 57 of the Labor Code denotes the following conditions of the concluded employment contract as essential:

All other conditions of the Labor Agreement do not refer to essential conditions, however, they are also an important part of the agreement of the parties, which in no case should be neglected, since their failure to comply will directly affect the infringement of the labor rights of citizens.

The existing list of essential conditions can be expanded at the initiative of the employer, which is an indirect tool for influencing the employee being hired.

To prevent infringement of the interests of both parties in Art. 73 of the Labor Code of the Russian Federation, requirements were provided for the employer in the event of changes in the essential conditions of the employment contract, in particular, the employer must justify the reasons for making the changes.

Practice shows that often the employer unilaterally changes essential conditions, giving the employee a dubious alternative to choose between working with more bad conditions, including wages, and the freedom to find a new job.

Mandatory conditions of an employment contract

The list of mandatory conditions of an employment contract is determined by Article 57.

The mandatory conditions that must be included in any employment contract concluded with employees include the following:

If an agreement is reached on all of the above points, the contract is signed by both parties. Changing the mandatory conditions is possible only by agreement of the parties, in fact, this change is often presented as a production necessity, force majeure circumstances that drag on for an indefinite long time.

Duration of the employment contract

According to article 58 of the Labor Code of the Russian Federation, labor contracts may differ in terms of validity. If the contract is concluded without the prior agreement of the parties on the terms, then it is considered indefinite, i.e. imprisoned for an indefinite period.

In the event that the "employment contract is concluded for a period" agreed in advance, it refers to fixed-term employment contracts. It is concluded for a certain period of not more than 5 years. To see what the "open-ended contract sample" looks like, see below.

A fixed-term employment contract is legal to conclude only when the employment relationship is determined by the nature work ahead or time-bound conditions for its implementation.

These types of work include, for example, seasonal harvesting, construction of facilities and others. Also, the fulfillment of the duties of a temporarily absent employee is recognized as a sufficient basis for concluding a fixed-term employment contract.

In this case, the employer is obliged to indicate in the employment contract the specific circumstances under which the employment contract cannot be concluded for an indefinite period.

However, the law also provides for cases that can be considered an exception. For example, if a fixed-term employment contract does not have sufficient grounds to be urgent, it is recognized as an indefinite one, i.e. imprisoned for an indefinite period.

The body that oversees compliance with labor legislation and other regulatory legal acts containing labor law norms, or by a court in accordance with the procedure established by law, has the right to assess the grounds for changing the type of contract.

The conclusion of a fixed-term employment contract is contrary to the interests of the employee, since in this case the employer gets in his hands a tool that allows him to legally get rid of the employee upon the expiration of the term specified in the contract.

Expiration of the term of the employment contract

The expiration of the term of a fixed-term employment contract is a sufficient basis for termination of the employment relationship. However, in cases where the employee continues to perform his job duties even after the expiration of the term specified in the contract, the contract changes its status to an indefinite one.

This rule applies in the event that none of the parties requested the termination of a fixed-term employment contract.

Termination of a fixed-term employment contract is preceded by a mandatory written notice of termination of employment, while the parties are not limited in the possibility of replacement fixed-term contract to a contract with an indefinite period if there is a mutual desire to extend the employment relationship.

If, nevertheless, the decision to terminate the contract is made, then in accordance with Art. 79 of the Labor Code of the Russian Federation, the employee must be notified no later than three calendar days in advance.

In this case, the notification document must be signed by the employee indicating the date of familiarization with its content.

However, this rule applies when the date of termination of the employment contract is known in advance. If the deadline for the end of the duties performed is not known in advance, then a written notice of dismissal is not required.

If the employee refuses to familiarize himself with the dismissal notice, then the relevant official draws up an act of refusal, necessarily certified by the signatures of this person, as well as two witnesses.

A notice of dismissal due to the expiration of the employment contract must be entered into the Notification Register.

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Probationary employment contract

The probationary period is a modern tool that meets the current realities of the labor market. It represents the initial period of work during which the employer can assess the level of qualifications of a given employee in relation to a particular job.

A probationary period is also necessary for the employee, during this time he can compare the scope of work duties, get acquainted with the features of this particular job and decide on the continuation or termination of work duties.

In accordance with Art. 70 of the Labor Code of the Russian Federation, a probationary period must be provided for by an employment contract. If there is no mention of the probationary period in the document, then it is unacceptable to establish it, i.e. the employee starts to perform work duties without any test.

Employment contract for an indefinite period

Thus, we can say that an employment contract for an indefinite period most fully protects the rights of an employee, guaranteeing the preservation of his job.

It is this document that establishes the obligations of the employer in relation to remuneration, as well as payment for dangerous, difficult and harmful conditions.

It defines the social guarantees established by the current labor legislation and other regulatory legal acts containing labor law norms, as well as local regulations. Even if the employer initiated the termination of the contract, the employee retains the guarantees and benefits provided by labor legislation.

Sample of a standard employment contract for Ukraine

Labor legislation of Ukraine is based on the Labor Code of Ukraine (Labor Code), which regulates labor relations between employers and employees, establishes legal guarantees for the exercise of the right of employees to dispose of their ability to work.

Now valid a new version Labor Code of Ukraine, which was amended in 2011. According to this Code of Laws, an employment contract of the Republic of Belarus, a sample of which can be viewed below, is the main document governing the relationship of the employee's employer.

It is concluded in writing and can be indefinite, urgent, and also concluded for the duration of a certain work.

Sample of a typical employment contract for Kazakhstan

Labor relations in Kazakhstan are regulated by the labor legislation of the country, the main document of which is the Labor Code of the Republic of Kazakhstan, adopted in 2007.

According to this document, the “labor contract of the Republic of Kazakhstan, a sample of which can be viewed below, is intended to regulate labor relations, and are always the sphere of mutual interests of both employers and employees.

According to the signed employment contract, an employee with sufficient qualifications performs a certain labor function for an agreed payment, and

The employer pays wages to the employee in full and on time, as well as other payments provided for by the labor legislation of the Republic of Kazakhstan.

The document is drawn up in duplicate for each of the parties, always in writing. On the copy of the employer, the employee puts his signature and the date, indicating the fact of familiarization with the content and receipt of his copy of the document.

In general, the labor legislation of the Republic of Kazakhstan largely coincides with similar documents of the Russian Federation, thereby emphasizing the close ties between our countries.

Knowledge of labor legislation will allow all parties to labor relations to competently and balanced approach to their duties and enjoy their rights, building a civilized labor market throughout the post-Soviet space.

Labor contract. Sample.

Date of conclusion of this employment contract: "_____" _____________ 200__.

Place of conclusion of this employment contract: _________________________.

_______________________________________________________________________________,

(Indicate the surname, name, patronymic of the employee)

_______________________________________________________________________________ .

(Indicate the full name of the employer-organization

or surname, name, patronymic of the employer - individual entrepreneur)

hereinafter referred to as the Employer. represented by __________________________________________,

(Indicate the position, surname, name, patronymic of the person who signed

1. Subject of the employment contract. General Provisions.

1.1. The employee is accepted at _________________________________________________________

(The place of work is indicated, and in the case when an employee is hired to work in

branch, representative office or other separate structural unit of the organization,

located in another area, - the place of work with an indication

separate structural unit and its location)

to work ________________________________________________________________________

The labor function is indicated, i.e. work according to the position in accordance with the staffing table, profession, specialty, indicating the qualifications, the specific type of work entrusted to the employee. If in accordance with

federal laws with the performance of work in certain positions, professions, specialties associated with the provision of compensation and benefits or the presence of restrictions, then the name of these positions, professions

or specialties must correspond to the names indicated in the qualification reference books,

approved in the manner established by the Government of the Russian Federation)

Under this employment contract, the employer undertakes to provide the employee with work according to a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements, local regulations and this agreement. pay wages to the employee on time and in full, and the employee undertakes to personally perform the job function defined by this agreement, to comply with the internal labor regulations in force for this employer.

1.2. This employment contract is concluded:

a) for an indefinite period

b) for a period from _________________________ to __________________________. Circumstances (reasons) that served as the basis for concluding a fixed-term employment contract ________

(Indicated in accordance with the Labor Code of the Russian Federation or other federal law, it is recommended to indicate a specific paragraph, an article of a regulatory act and, in accordance with it, the exact wording of the reason)

1.3. a) A probationary period is set for the employee - _________________________________.

(The number of days, weeks, months is indicated)

b) The employee is accepted without a test.

(choose the one you want)

1.4. The date of commencement of work, that is, the date from which the employee is obliged to start work - "___" _____________ ___ 200__.

1.5. This employment contract comes into force from the moment it is signed by both parties.

1.6. Work under this employment contract is for the Employee ____________________________________________________________________________.

(main job or part-time job)

(Note to paragraphs 2 and 3 of the contract. By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement, agreements. Failure to include any of the specified rights and (or) obligations of the employee and the employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.)

2. Rights and obligations of the Employee.

2.1. The employee carries out his activities in accordance with the current labor legislation of the Russian Federation, the Internal Labor Regulations of the Employer, other local regulations of the Employer, job descriptions and the terms of this employment contract.

2.2. The employee obeys _________________________________________________

(to the head of the structural unit, director of the Employer)

2.3. The employee is entitled to.

Change and termination of the employment contract in the manner and on the conditions established by the Labor Code of the Russian Federation, other federal laws

Providing him with work stipulated by an employment contract

A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any)

Timely and in full payment of wages in accordance with their qualifications, labor complexity, quantity and quality of work performed

Rest provided by the establishment of working hours in accordance with the law, the provision of weekly days off, non-working holidays, paid annual leave

Complete reliable information about working conditions and labor protection requirements at the workplace

Professional training, retraining and advanced training in the manner prescribed by the Labor Code of the Russian Federation, other federal laws

Association, including the right to form and join trade unions to protect their labor rights, freedoms and legitimate interests

Collective bargaining and the conclusion of collective agreements and contracts through their representatives, as well as information on the implementation of the collective agreement, agreements

Protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law

Resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws

Compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral harm in the manner established by the Labor Code of the Russian Federation, other federal laws

Compulsory social insurance in cases stipulated by federal laws

- _______________________________________________________________________________

(Indicates other rights of the employee by agreement of the parties to this contract)

The employee also has other rights granted to him by labor legislation.

2.4. The employee undertakes.

Conscientiously fulfill his labor duties assigned to him by an employment contract

Comply with the internal labor regulations

Observe labor discipline

Comply with established labor standards

Comply with labor protection and labor safety requirements

Take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees

Immediately inform the employer or direct supervisor about 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 held by the employer, if the employer is responsible for the safety of this property).

Take measures to eliminate the causes and conditions that impede the normal performance of work (accidents, downtime, and so on), and immediately report the incident to the Employer

Maintain your workplace, equipment and fixtures in good condition, order and cleanliness

Observe the procedure for storing documents, material and monetary values ​​established by the Employer

Do not disclose and protect information constituting trade secret Employer. The list of information constituting a trade secret of the Employer is determined in ______________________________________________________, with which the employee is familiar.

(The name of the document in which this list is defined is indicated)

Compensate the Employer for damage caused by the disclosure of information that constitutes a commercial secret

Do not collect and disseminate false and partially or completely untrue information about the Employer

Improve your professional level by systematic self-study special literature, magazines, other periodic special information on their position (profession, specialty), on the work performed (services)

To conclude an agreement on full liability in case of starting work on direct maintenance or use of monetary, commodity values, other property, in cases and in the manner prescribed by law

- ________________________________________________________________________________

(Indicates other duties of the employee by agreement of the parties to this contract)

2.5. Failure to include in the employment contract any of the rights and (or) obligations of the employee and the employer established by the labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement , agreements, cannot be considered as a waiver of the exercise of these rights or the performance of these obligations.

3. Rights and obligations of the Employer.

3.1. The employer has the right.

Change and terminate the employment contract with the employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws

Conduct collective bargaining and bargaining

Encourage an employee for conscientious, efficient work

Require the employee to fulfill his job duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, to comply with the internal labor regulations

Bring the employee to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws

Adopt local regulations

Create associations of employers in order to represent and protect their interests and join them

- _______________________________________________________________________________

(Indicates other rights of the employer by agreement of the parties to this contract)

The employer also has other rights granted to him by labor legislation.

3.2. The employer undertakes.

Comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement (if any), agreements and this employment contract

Provide an employee with work stipulated by an employment contract

Ensure safety and working conditions that meet state regulatory requirements for labor protection

Provide the employee with equipment, tools, technical documentation and other means necessary for the performance of their labor duties

Provide the employee with timely and full payment of wages in accordance with their qualifications, the complexity of work, the quantity and quality of work performed

Introduce the employee against signature with the adopted local regulations directly related to their work activities

Consider the submissions of the relevant trade union bodies, other representatives elected by employees on the violations of labor legislation and other acts containing labor law norms, take measures to eliminate the violations identified and report on the measures taken to these bodies and representatives

Provide the everyday needs of the employee related to the performance of his labor duties

Carry out compulsory social insurance of the employee in the manner prescribed by federal laws

Compensate for harm caused to an employee in connection with the performance of his job duties, as well as compensate for moral harm in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation

Maintain a work book on the employee in accordance with the legislation of the Russian Federation.

Fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and this employment contract.

- _______________________________________________________________________________

(Indicates other obligations of the employer by agreement of the parties to this contract)

Perform other obligations arising from legislation and this employment contract.

4. Regime of work and rest.

(Note to paragraph 4 of the contract. The working hours and rest hours are indicated if for this employee it differs from general rules for this employer)

4.1. The employee is set to the following working hours

2.2.2. Mandatory conditions of an employment contract

The following conditions are mandatory for inclusion in an employment contract, in accordance with Article 57 of the Labor Code of the Russian Federation:

Information about the identity documents of the employee and employer - an individual *

Taxpayer identification number (for employers, excluding employers - individuals who are not individual entrepreneurs) *

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 an organization located in another locality - the place of work with an indication of the separate structural unit and its location

Labor function (work according to the position in accordance with the staffing table, profession, specialty indicating the qualifications of the specific type of work entrusted to the employee) if, in accordance with federal laws, the provision of compensation and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, 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 qualification reference books approved in the manner established by the Government of the Russian Federation

The date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law

Terms of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments)

Working hours and rest hours (if for this employee it differs from the general rules in force for this employer)

Compensation for hard work and work with harmful and (or) hazardous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace

Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work)

The condition on compulsory social insurance of the employee in accordance with the Labor Code of the Russian Federation and other federal laws

Other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.

By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the employer:

Established by labor legislation and other regulatory legal acts containing labor law norms

Established by local regulations

Arising from the terms of the collective agreement, agreements.

Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Place of work

The employment contract indicates the place of work (structural unit - workshop, department, department, laboratory, etc.). This allows the employee to specify job responsibilities, working conditions and benefits, if any.

1. The employee is hired in electrical laboratory... (name of the structural unit (workshop, department, laboratory, etc.))

Name of the profession (position), specialty

A certain regulation of the names of professions or positions in the employment contract is due to the current mechanism for creating guarantees for the social protection of workers when solving issues of wages, benefits and compensations in connection with working conditions, conditions of pension provision, etc.

If there are certain benefits or restrictions, then the title of the position is indicated strictly in accordance with the Unified Tariff and Qualification Handbook (ETKS) or Tariff and Qualification Characteristics and Qualification Handbooks for the positions of employees (managers, specialists, technical executors) (TCS).

2. The employee is accepted for HR manager position... (position in accordance with the staffing table)

How can the characteristics of working conditions be reflected in an employment contract?

Question

Good day! Help, please, how can the characteristics of working conditions be reflected in the employment contract. The inspector demands that all the characteristics of working conditions at the workplace be specified in the employment contract. At our enterprise there are many professions related to harmful (hazardous), with different characteristics and harmful production factors: chemical, biological, physical, etc. In our employment contract, we make a reference to the workplace certification card for each individual profession and introduce the employee when concluding an employment contract. Is it obligatory to enter all the characteristics directly into the employment contract? We think this will take up a lot of space and will be unreadable. Thanks!

Answer

In your case, it is necessary to indicate in the employment contracts of the relevant employees all the characteristics of the working conditions at the workplace, in connection with which the work of such employees is difficult or involves harmful and (or) dangerous working conditions. In addition, it is necessary to indicate all compensation due to the employee for work in such conditions.

The rule on the obligation to enter the relevant information into the employment contract is directly indicated in the second part of Article 57 of the Labor Code of the Russian Federation.

Establishment in an employment contract with employees instead of necessary information references to certification of workplaces are not legal requirements. An employer who has not entered into the labor contract all the information and conditions that are mandatory in accordance with Article 57 of the Labor Code of the Russian Federation violates labor legislation and may be brought to administrative responsibility.

Given these facts, even though the employment contract may become illegible, it is necessary to enter all the necessary information into it. If the description of the conditions takes up a lot of space, then this description can be made an annex to the employment contract.

Considering given fact, with workers who have harmful working conditions and who are entitled to appropriate benefits, and if the relevant conditions have not been included in their employment contracts, an additional agreement should be concluded. You can find a sample of the supplementary agreement in the appendix (Forms of documents: Sample of the supplementary agreement to the employment contract).

We would like to draw your attention to the fact that in order to comply with the current labor legislation, it is enough to define the relevant conditions in a supplementary agreement in free form (for example: An employee is entitled to the following compensation for work with harmful working conditions ...).

The procedure for organizing the work of employees with harmful working conditions can be found in the appendix (Answer: How to organize work under harmful or dangerous working conditions).

Details in the materials of the System:

Answer: How to organize work under harmful or dangerous working conditions.

Harmful working conditions

Harmful working conditions are production factors that can cause an employee different kinds diseases. These conditions include, in particular, radiation, noise, vibration, etc.

a list of harmful and (or) hazardous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out

a list of works in the performance of which mandatory preliminary and periodic medical examinations (examinations) of employees are carried out.

At the same time, in order to identify harmful working conditions at a specific workplace and establish compensation for employees working in such places, the employer is obliged to carry out certification of workplaces for working conditions.

Types of compensation

Currently, compensations for work in harmful and (or) hazardous working conditions are established in the following form:

reduced working hours - no more than 36 hours per week and no more than 8 hours per shift (with 36-hour work per week)

annual additional paid vacation - at least seven calendar days

This follows from part 1 of article 92, part 2 of article 94, article 146. part 2 of article 117, part 3 of article 147 of the Labor Code of the Russian Federation and paragraph 1 of the Decree of the Government of the Russian Federation of November 20, 2008 No. 870.

Establishment of compensation

The specific procedure for establishing the duration of the reduced working time, additional leave and the amount of additional payments, depending on the class and working conditions, should be established by the Ministry of Labor of Russia (decree of the Government of the Russian Federation of November 20, 2008 No.