Employment contract with a medical professional (sample filling). Features of the conclusion of an employment contract with medical workers

Labor contract with a healthcare professional (sample filling)

LABOR CONTRACT

05/15/2014 N 10/14-td

Moscow

Federal State Institution "Diagnostic and Treatment Center" Health "(FGU Medical Center" Health "), hereinafter referred to as the" Employer ", represented by general director Zubkov Sergey Fedorovich, acting on the basis of the Charter, on the one hand, and

Olga Evgenievna Sidorova, hereinafter referred to as the "Employee", on the other hand, together referred to as the "Parties", have entered into this employment contract as follows:

1. General Provisions... Subject of the contract

1.1. The employee is hired by the Federal State Institution "Medical and Diagnostic Center" Health "(FGU Medical Center" Health ") (location - Moscow), in the therapeutic department for the position of adolescent therapist.

1.2. The Workplace of the Employee is located in office 5 of the therapeutic department.

1.3. The working conditions at the Employee's workplace are optimal in terms of the degree of hazard and (or) danger (class 1) (based on the results of certification of workplaces for working conditions from 15.08.2013).

1.4. Work under this employment contract is the main one for the Employee.

1.5. This employment contract is concluded for an indefinite period.

1.6. The date of commencement of work (the date when the employee starts work) is 05/15/2014.

1.7. A test is set for the employee when hiring in order to verify his compliance with the assigned work. The test period is 3 (three) months from the date of commencement of work. The trial period is included in the validity period of this employment contract, does not interrupt or suspend its validity. The period of probation does not include periods when the Employee was actually absent from work.

The criteria for successfully passing the test is the complete, high-quality and timely performance by the Employee of the labor function provided for by this employment contract and job description, orders (orders) of the Employer, orders of the direct supervisor, local regulations and work requirements in force in the organization, labor discipline, provisions of labor protection and safety measures.

During the trial period, the employment contract may be terminated at the initiative of either of the Parties with the warning of the other Party three days before the termination of the employment contract.

If labor Relations are terminated on the initiative of the Employer, then in the notice of termination of the employment contract, he is obliged to indicate the reasons in connection with which the results of the test of the Employee are recognized as unsatisfactory.

2. Rights and obligations of the Employee

2.1. The employee has the right to:

2.1.1. Amendment and termination of an employment contract in the manner and on the terms established Labor Code RF, other federal laws.

2.1.2. Provision of work stipulated by this employment contract, as well as a work place corresponding to the state regulatory requirements labor protection.

2.1.3. Complete reliable information on working conditions and labor protection requirements at the workplace.

2.1.4. Provision of a workplace with equipment, tools, technical documentation and other means necessary for its execution job responsibilities.

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

2.1.6. Rest, that is, compliance with daily working hours, provision of breaks for rest and meals, weekly days off, paid annual leave in accordance with this employment contract and labor legislation RF.

2.1.7. Mandatory state social insurance in the manner and on the terms established by the current legislation of the Russian Federation for the period of validity of this employment contract.

2.1.8. Protection of their professional honor and dignity.

2.1.9. Professional training, retraining and advanced training in accordance with the training and advanced training plan in force with the Employer, on the basis of an apprenticeship agreement concluded between the Parties.

2.1.10. Obtaining qualification categories in accordance with achieved level theoretical and practical training.

2.1.11. Insurance of a professional mistake, due to which harm or damage to the health of a citizen is caused, not related to the negligent or negligent performance of his professional duties.

2.1.12. Creation of professional associations and other public associations on a voluntary basis to protect the rights of medical workers, develop medical practice, promote scientific research, and resolve other issues related to the professional activities of medical workers.

2.1.13. Use in healthcare practice methods of prevention, diagnosis, treatment, medical technologies, medicines, immunobiological preparations and disinfectants permitted for use in the manner prescribed by law.

2.1.14. With the consent of a citizen (his legal representative), transfer information constituting a medical secret to other citizens (officials) in the interests of examining and treating a patient, for conducting scientific research, publishing in scientific literature, the use of this information in the educational process and for other purposes.

2.1.5. The employee also has other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.

2.2. The employee is obliged:

2.2.1. Conscientiously perform the labor function in the position of adolescent therapist, enshrined in job description(Appendix N 1), which is an integral part of this employment contract.

2.2.2. When exercising a labor function, act in accordance with the legislation of the Russian Federation, the Internal Labor Regulations, other local regulations, the terms of this employment contract.

2.2.3. Comply with the Internal Labor Regulations, other local regulations, including orders (orders) of the Employer, instructions, rules, etc.

2.2.4. Not to disclose confidential (commercial, technical, personal) information that has become known to him in the process of exercising his job function.

2.2.5. Observe the requirements for labor protection, safety measures, fire safety and industrial sanitation. If a situation arises that poses a threat to the life and health of people, the safety of property, immediately report the incident to the Employer or to the immediate supervisor. In the absence of a threat to the life and health of the Employee, take measures to eliminate the causes and conditions that impede the normal performance of work.

2.2.6. Do not allow disclosure of information constituting a medical secret, except in cases established by law (information about the fact of seeking medical help, the state of health of a citizen, the diagnosis of his disease and other information obtained during his examination and treatment constitutes a medical secret. The citizen must be confirmed with a guarantee confidentiality of the information transmitted to them).

2.2.7. Take good 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 and, if necessary, take measures to prevent damage to property.

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

2.2.9. Provide the Employer within three working days with a document confirming the successful completion of training (diploma, certificate, etc.), if it was carried out at the expense of the Employer. Work for two years after completing training in the received specialty, if the training of the Employee was carried out at the expense of the Employer. In the event of dismissal before the expiration of two years after the end of training, the Employee is obliged to reimburse the costs incurred by the Employer for his training, in proportion to the time actually not worked after training.

2.2.10. Perform other obligations not provided for by this employment contract, but arising from the essence and purpose of the structural unit's activities in order to achieve maximum effect.

2.3. Failure to include in the employment contract any of the rights and (or) duties of an employee established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, cannot be considered as a refusal to exercise these rights or fulfill these obligations.

3. Rights and obligations of the Employer

3.1. The employer has the right:

3.1.1. 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 and other federal laws.

3.1.2. Require the Employee to fulfill his job duties and respect the property of the Employer and other employees, to comply with the Internal Labor Regulations and other local regulations, labor discipline, safety rules, industrial sanitation and fire protection.

3.1.3. Encourage the employee for conscientious efficient work by paying bonuses, remunerations in the manner and on the conditions established by the Regulations on Bonuses and other local regulations of the Employer.

3.1.4. Exercise voluntary health insurance Employee in the manner and in the amount determined by the orders (orders) of the Employer and (or) the Policy on social benefits for employees, approved by the relevant management bodies of the Employer.

3.1.5. Monitor the implementation by the Employee of his job duties, his observance of labor discipline, safety regulations, industrial sanitation and fire protection, Internal Labor Regulations and other local regulations.

3.1.6. Bring the Employee to disciplinary and material liability for non-performance or poor-quality performance by the Employee of his job duties in the manner prescribed by the Labor Code of the Russian Federation, other federal laws.

3.1.7. Other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.

3.2. The employer is obliged:

3.2.1. Comply with labor laws and other regulations containing labor law, local regulations, terms of agreements and this employment contract.

3.2.2. Provide the Employee with work in accordance with the terms of this employment contract.

3.2.3. Provide safe conditions work in accordance with the requirements of labor protection.

3.2.4. Provide the Employee with suitably equipped workplace, provide him with equipment, tools, technical documentation and other means necessary for the performance of his duties.

3.2.5. Keep track of the working time actually worked by the Employee.

3.2.6. Provide the Employee with timely and full payment of wages in accordance with his qualifications, the complexity of work and the quality of work performed.

3.2.7. Introduce the Employee against signature with the adopted local regulations directly related to his labor activity.

3.2.8. Carry out compulsory social insurance of the Employee in the manner prescribed by the current legislation of the Russian Federation.

3.2.9. Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

3.2.10. Maintain a work book on the Employee in accordance with the law Russian Federation.

3.2.11. Perform other duties stipulated by labor legislation, including legislation on special assessment working conditions, and other regulatory legal acts containing labor law norms, agreements, local regulations and this employment contract.

4. Work time and rest time

4.1. The employee is assigned a reduced working time of 39 hours per week.

4.2. The following working hours are established for the employee:

Five-day work week with two days off (Saturday and Sunday);

Duration of work from Monday to Thursday - 8 hours, on Friday - 7 hours;

Start of work - 09.00, end of work from Monday to Thursday - 18.00, Friday - 17.00;

Break for rest and meals - 1 hour from 13.00 to 14.00.

4.2.1. The Employer has the right to involve the Employee in work on weekends and non-working holidays, as well as overtime work in the manner and under the conditions established by labor legislation.

4.3. The employee is granted the following annual leave:

Basic paid leave of 28 calendar days;

Additional paid vacation of 12 calendar days.

4.3.1. The Employee has the right to take leave for the first year of work upon the expiration of six months of his continuous work from the given Employer. By agreement of the parties, as well as in cases established by law, the employee may be granted a paid leave before the expiration of six months.

4.4. For family reasons and other valid reasons, the Employer, upon his application, may be granted unpaid leave by the Employer.

4.4.1. In cases stipulated by law, the Employer is obliged to provide the Employee with unpaid leave.

5. Terms of remuneration

5.1. Wage The employee, in accordance with the employer's system of remuneration, consists of the official salary.

5.2. For the performance of the labor function, the Employee is set an official salary in the amount of 6,000 (six thousand) rubles per month.

5.2.1. In addition to the official salary, the Employee is set to increase the coefficient to the salary, compensation and incentive payments. The amount and procedure for making such payments are fixed in the Regulations on remuneration (approved by Order No. 2 of 13.01.2012).

5.3. Wages are paid to the Employee at least every half a month (on the 20th day of the current month - for the first half of the month and on the 5th day of the month following the worked month - the final payment for the worked month). If the day of payment coincides with a day off or a non-working holiday, payment of wages is made on the eve of this day. Payment for the vacation is made no later than three days before its start.

5.4. Payment of wages is made in the currency of the Russian Federation in non-cash monetary form by transferring it to the Employee's current account specified by him for this purpose. The application with the details of the bank account is transferred by the Employee to the accounting department of the Employer.

5.5. The employer transfers taxes from the employee's salary in the amounts and in the manner prescribed by the current legislation of the Russian Federation.

6. Warranties and compensations

6.1. The Employee is fully covered by the benefits and guarantees established by legislation and local regulations.

6.2. Damage caused to the Employee by injury or other damage to health associated with the performance of his job duties is subject to compensation in accordance with the labor legislation of the Russian Federation.

6.3. In the event of the death of employees of the state and municipal health care systems in the performance of their labor duties or professional duty during the provision of medical care or scientific research, the families of the victims are paid a one-time cash allowance in the amount of 120 monthly official salaries.

7. Responsibility of the Parties

7.1. The parties are responsible for non-fulfillment or improper fulfillment of their duties and obligations established by law, the Internal Labor Regulations, other local regulations of the Employer and this employment contract.

7.2. For non-performance or improper performance by the Employee through his fault of the labor duties assigned to him, including the disclosure of medical secrets, the Employee may be subject to disciplinary action, provided for by Art. 192 of the Labor Code of the Russian Federation.

7.3. The parties may be held liable for material and other types of legal liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws.

7.3.1. The employer bears material and other liability in accordance with the current legislation of the Russian Federation in the following cases:

Illegal deprivation of an Employee of the opportunity to work;

Causing damage to the property of the Employee;

Delays in payment of wages to the Employee;

Causing moral harm to the Employee;

Other cases provided for by the legislation of the Russian Federation.

7.3.2. The worker carries financial responsibility both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties.

8. Modification and termination of an employment contract

8.1. Changes to the terms of the employment contract determined by the parties are allowed only by agreement of the parties, which is drawn up by an additional agreement, which is an integral part of this employment contract.

8.1.1. Changes and additions to the terms of this employment contract can be made by agreement of the Parties when changing the legislation of the Russian Federation, the collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation.

8.2. This employment contract can be terminated only on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.

8.2.1. Warranties and compensations related to termination of an employment contract are provided to the Employee in accordance with the Labor Code of the Russian Federation and other federal laws.

9. Final provisions

9.1. A dispute or disagreement between the Parties arising from the fulfillment of the terms of this agreement shall be settled through direct negotiations between the Employee and the Employer.

9.1.1. If an agreement has not been reached between the Parties, then the dispute shall be resolved in the manner prescribed by the legislation of the Russian Federation.

9.2. In all other respects that are not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.

9.3. The terms of this agreement are not subject to announcement and publication in the press.

9.4. This agreement is drawn up in two copies with equal legal force, one of which is kept by the Employer, and the other by the Employee.

Prior to signing this employment contract, the Employee is familiar with the following local regulations:

Local regulations Employee's signature Date of familiarization

Internal labor regulations (approved by Order of 23.11.2011 N 40)

Sidorova 05/15/2014

Regulation on the protection of personal data of employees (approved by Order of 19.10.2011 N 18)

Sidorova 05/15/2014

Job description of adolescent therapist (approved by Order 10.11.2011 N 37)

Sidorova 05/15/2014

Regulations on remuneration (approved by Order of 13.01.2012 N 2)

Sidorova 05/15/2014

The hiring of medical workers is, in general, no different from the employment of economists, contract accountants, lawyers, and other highly specialized specialists. The manager needs to conclude employment contract with a doctor, sample which you can download on our website.

What information should a doctor's employment contract contain?

Doctor's employment contract can be drawn up only if the medical worker presents the organization with the following documents:

Passport + SNILS;

Higher medical diploma education + documents confirming the assignment of a qualification category + specialist certificate;

Labor book. It is also necessary to present military registration documents to those who are subject to conscription.

it mandatory list documents for a health worker, enshrined in Art. 65 of the Labor Code of the Russian Federation. But the employer has the right to request additional confirmation of the qualifications of the applicant.

The "basic" article for drawing up an agreement between a doctor and an institution is 57 of the Labor Code of the Russian Federation. Here are listed mandatory information that the document should contain. Of course, an employment contract with a doctor is different from a regular employment contract with an employee.

Employment contract with a doctor: sample of 2016

It is identical in form and content to the past. It should contain mandatory and additional conditions, which is quite specific and is valid only in the field of medicine.

Employment contract with a healthcare professional / doctor must contain:

Date and place of detention;

Job responsibilities;

The most important thing is to indicate the place of work (address), the structural unit and its profile, as well as a specific workplace.

Employment contract with a doctor 2016 may not contain complete list job duties, because they are all fixed in the job description. You can indicate the most basic and general ones and refer to the instructions.

Why is it necessary to indicate a specific place of work in addition to the structural unit? Of course, the specifics of doctors' work differs significantly from each other, even if they all work in the same department. For example, for narrow-profile specialists (surgeons, ophthalmologists, etc.) there is a separate room in which they perform the functions intended for them, but for workers of ambulance facilities, an ambulance and the place where the patient is (apartment, entertainment institution, etc.). But you need to indicate what it represents for the employee this work- main job or part-time job.

Sample employment contract with a doctor, download which you can on our website, should be filled out taking into account all the features. The specification of the workplace affects not only the labor functions of your subordinate, but also the length of the working day, the length of the vacation, etc.

Form of an employment contract with a doctor: other features of the document

Form of an employment contract with a doctor must contain the following information in order for it to be considered legally correct:

1. It is allowed to prescribe the title of the position in the document only in the form in which the state has established the qualification requirements. You can't just write “job title” —it's only valid until the organization has received a medical license;

2. It is not enough to indicate the position; it is also necessary to specify the specialty. Those. - employment contract with a doctor (sample 2016 is on our website) should contain not only the direction (resident, head physician, head of the department), but also the specialty (therapist, ophthalmologist). Only in this case will the agreement be considered valid;

3. On the issue of additional obligations - it is not necessary to prescribe them in the contract, but it is desirable. We are talking about shifts due to the monthly norm of working hours, for example - an obstetrician must be on duty 4 times a month, a hospital resident - 2 shifts, etc. In addition, each doctor, in addition to his main duties, must carry out preventive and sanitary work (keep order in the department).

A mandatory requirement for all employees in the medical field is to undergo examinations several times a year. The exact amount depends on the specific division and line of business.

Document form " Sample form an employment contract with a medical worker "refers to the heading" Employment contract, labor contract". Save the link to the document in social networks or download it to your computer.

Labor contract

with a healthcare professional

_______________________ "__" _____________ 20__

(place of conclusion of the contract) (date of conclusion of the contract)

___________________________________________________________________

(full name of the employer)

represented by _______________________ _________________________________________,

(job title) (full name)

acting on the basis ______________________________________________,

(Articles of Association, Regulations, Power of Attorney)

hereinafter referred to as the "Employer", on the one hand, and

Hereinafter referred to as "Employee",

on the other hand, and together referred to as the "Parties", have entered into this agreement

thief about the following:

1. The Subject of the Agreement

1.1. The employee undertakes to provide qualified medical assistance

power in their specialty, using modern methods prevention,

diagnostics, treatment and rehabilitation, approved for use in medical

Qing practice, obeying the internal labor regulations in ________

________________________________________________________________________,

(place of work)

a The employer undertakes to provide him the necessary conditions labor, pre-

stipulated by labor legislation, as well as timely and complete

payment of wages.

1.2. The employment contract was concluded on ________________________________.

(duration of the employment contract)

1.3. The employee is obliged to start work with "___" ___________ 20__.

1.4. The test period for hiring is _______________

Month___.

1.5. Work for the Employer is for the Employee _________________

(main or software

part-time)

place of work.

2. Rights and Obligations of the parties

2.1. The employee has the right to:

Providing him with work stipulated by this contract;

Payment of wages in the amount and in the manner prescribed

this agreement;

Complete, reliable information about working conditions and requirements

labor protection;

Protect their labor rights, freedoms and legitimate interests are not all

in ways prohibited by law;

Compensation for harm caused to him in connection with the performance of labor

duties, and compensation for moral damage in the manner prescribed

The Labor Code of the Russian Federation, other federal laws;

Compulsory social insurance.

2.2. The employee is obliged:

To fulfill in good faith their duties stipulated by the

noble instruction;

Observe labor discipline;

Take good care of the property of the Employer and other employees;

Systematically improve your qualifications.

2.3. The employer has the right:

Encourage the Employee for conscientious, efficient work;

Require the Employee to fulfill his job duties and to

respect for the property of the Employer and other employees, observing

niya labor discipline;

Bring the Employee to disciplinary and material responsibility

in accordance with the procedure established by the Labor Code and other federal laws

2.4. The employer is obliged:

Comply with labor laws and other regulatory legal

the introduction of the collective agreement, agreements and labor contracts;

Provide the Employee with work stipulated by this agreement;

Ensure safety and working conditions in accordance with state

gift normative labor protection requirements;

Providing the Employee with equipment, tools, technical

documentation and other means necessary for the execution of labor

responsibilities;

Pay in full size salary due to the Employee

payment within the terms established by this agreement;

Introduce the Employee against signature with the accepted local norms

tive acts directly related to his labor activity;

Provide the everyday needs of the Employee related to the fulfillment of

job responsibilities;

Carry out compulsory social insurance of the Employee in the

the row established by federal laws;

Compensate for harm caused to the Employee in connection with the performance by him

labor duties, as well as to compensate for moral damage in the manner and

on the conditions established by the current legislation of the Russian Federation.

2.5. The parties have other rights and fulfill other obligations provided for

reviewed by the current labor legislation.

3. Working hours and rest times

3.1. The employee is set __________ - a day's working week.

Start time - ___ h, end - ___ h, break - ____ h.

Weekend - ___________________________________________________.

3.2. The employee is provided with an annual basic paid employment

start-up lasting 28 calendar days. Annual paid from-

start-up is provided in accordance with the current legislation on

3.3. The employee is provided with an annual additional payment

My vacation lasting ______ calendar days. Annual supplement

paid vacation is granted in accordance with the current

labor legislation.

3.4. An employee may be granted leave without pay-

wages in accordance with applicable labor legislation.

4. Terms of remuneration

4.1. The employee is paid a salary in the amount of ___________________

(________________________________) rubles per month.

4.2. For the conscientious performance of labor duties to an employee

a monthly premium is paid in the amount of ______________ rubles.

4.3. Wages are paid to the Employee twice a month at

the procedure and terms established by the internal labor regulations

and collective agreement.

4.4. When performing work outside the normal

during working hours, at night, weekends and non-working holidays

days, when combining professions (positions), in the performance of duties

temporarily absent employee The employee is made appropriate

additional payments in the manner and amount established by the collective agreement and

local regulations.

4.5. For the period of validity of this employment contract for the Employee

all guarantees and compensations provided for by the current

labor legislation of the Russian Federation.

5. Responsibility of the Parties

5.1. In case of non-performance or improper performance by the Employee

their duties specified in this employment contract and job

instructions, violations of the labor legislation of the Russian Federation, as well as causing

To the employer of material damage, he bears disciplinary, material and

other liability in accordance with the current legislation of the Russian Federation.

5.2. The medical professional is liable for violations of rights

citizens in the field of health care, resulting from non-compliance or

improper performance of his professional duties, in accordance with

in accordance with the legislation of the Russian Federation.

5.3. The employer bears to the Employee material and other

responsibility in accordance with the current legislation of the Russian Federation.

6. Final provisions

6.1. Disputes between the Parties arising from the execution of this

labor contract, are considered in the manner prescribed by the Labor Code

Dex RF and other federal laws.

6.2. In all other respects that are not provided for by this labor pre-

in a nutshell, the Parties are guided by the legislation of the Russian Federation governing labor

long-term relationships.

6.3. The employment contract is concluded in writing, drawn up in two

copies, each of which has the same legal force. All of-

changes and additions to this employment contract are drawn up two-way

by a good written agreement.

6.4. This employment contract may be terminated for reasons

stipulated by the current labor legislation.

7. Details and signatures of the Parties

Employer:____________________________________________________________

(full name)

INN _______________

____________________________ ___________________ ________________________

(name of the person's position, (signature) (full name)

signatory to the agreement)

Employee:________________________________________________________________

passport: series _______________________, N _______________________

issued _________________________________ "___" ___________ 200 __

department code: _________________________________________________

registered at: ______________________________________________

I have received a copy of the employment contract.

______________________________

(signature)

View document in gallery:

These features arise already at the stage of requesting documents from an employee to conclude an employment contract.
Thus, article 65 of the Labor Code of the Russian Federation provides that an employee, upon hiring, must present certain documents to the employer, including a document on education, qualifications or special knowledge. In this regard, when concluding an employment contract with a dentist, the following should be taken into account.

In accordance with article 57 of the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens of July 22, 1993 N 5487-1 (as amended on March 2, 1998, December 20, 1999, December 2, 2000, January 10, 2003) (hereinafter - the Basics) the right to practice medical and pharmaceutical activities In the Russian Federation, persons who have received a higher or secondary medical and pharmaceutical education in the Russian Federation, have a diploma and a special title, and to engage in certain types of activities, the list of which is established by the Ministry of Health of the Russian Federation, also have a specialist certificate and a license.

Consequently, when hiring from dentists, apart from common documents(passport, employment history etc.), a higher education diploma must be requested medical education in the Russian Federation (education received in the former USSR is equated to this education).

The Labor Code of the Russian Federation, in force since February 1, 2002, in contrast to the previous legislation, provided for the content of this agreement in Article 57, which we will consider further in relation to an employment agreement concluded by a clinic or an entrepreneur with a dentist.

The employment contract, first of all, must indicate the surname, name, patronymic of the employee and the name of the employer, if the employer is a legal entity, or the surname, name, patronymic of the employer, if the employer is individual- an entrepreneur carrying out his activities without education legal entity.

Article 57 of the Labor Code of the Russian Federation subdivides the terms of the employment contract into essential ones, these are those that must be provided for in the contract, and other conditions that are introduced into the contract at the request of the parties.
Essential conditions include:

Let us consider in more detail each of the essential conditions of the employment contract, taking into account the specifics of the normative regulation of the work of doctors.

The employment contract must indicate the place of work (indicating the structural unit). In cases where a legal entity has structural divisions in different territories, then the address at which it is located should be indicated. structural subdivision, in which a specific employee is accepted.

The start date of work is the day on which the employee must begin (or began) to perform work duties.

The employee is obliged to start performing work duties from the day specified in the employment contract. However, if the employee was actually admitted to work with the knowledge or on behalf of the employer or his representative before signing the employment contract, then the actual date of commencement of work must be named in it. This requirement is due to the fact that, in accordance with Article 61 of the Labor Code of the Russian Federation, in this case, the employment contract comes into force from the day the employee is actually admitted to work.

The employment contract must indicate the name of the position, specialty, profession with an indication of qualifications in accordance with the organization's staffing table or a specific job function. If, in accordance with federal laws, the provision of benefits or the existence of restrictions is associated with the performance of work in certain positions, specialties or professions, then the names of these positions, specialties or professions and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in accordance with the procedure established by the Government of the Russian Federation.

This requirement fully applies to the employment contract concluded with doctors, since the provision of certain benefits is associated with the performance of the work of a dentist, dentist-prosthetist, dentist-orthodontist.

Thus, by the Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22 (with amendments and additions) "On the approval of the list of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day ", as well as the Order of the Ministry of Health of the USSR dated 04.07.1988 No. 524" On additional leave of medical and pharmacy workers "to dentists, dentists-prosthetists, dentists-orthodontists, dentists, dental technicians additional leave of 12 working days.
In addition, Order No. 584 of the USSR People's Commissariat of Health dated 12.12.1940, for dentists, dentists and dentists, established a working day of up to 5.5 hours, subject to a six-day working week.

The employment contract must provide for the rights and obligations of the employee and the employer. The basic rights and obligations of the employee are enshrined in article 21 of the Labor Code of the Russian Federation, and the employer - in article 22 of the Code. The rights and obligations should be specified in relation to the labor function of the employee, it is more expedient to set them out in the job description attached to the employment contract.

When determining the rights and obligations of doctors, when drawing up the job description, it is recommended to be guided by the Order of the Ministry of Health of the USSR dated July 21, 1988 No. 579 "On the approval of the qualification characteristics of medical specialists (as amended on December 25, 1997), which sets out in detail the main requirements, presented to dentists, dentists-surgeons, dentists-orthopedists, dentists-orthodontists.
The same order provides, for example, requirements for the general professional skills of a dentist, who must be able to:

Dentists should also have general knowledge of the fundamentals of health legislation and policy documents governing the activities of health authorities and institutions, and meet other qualifications.

The description of the characteristics of working conditions has special meaning when working in difficult, harmful and (or) dangerous conditions, which include the work of dentists. In this case, the compensation and benefits due to the employee under the law, as mentioned above, should also be indicated directly in the employment contract.

The mode of work and rest must be indicated in the individual labor contract if for this employee it differs from the general rules established in the organization, for example, a working woman is given an additional break to feed a child under the age of one and a half years (Article 258 of the Labor Code of the Russian Federation).

The terms of remuneration (including the size of the wage rate or the official salary of the employee, additional payments, allowances and incentive payments) must be provided directly in the employment contract.
The contract may refer to the relevant regulations legal acts, adopted in a centralized manner, as well as to the collective agreement and bonus regulations in force with the given employer.
Speaking about wages, I would like to draw your attention to one of the typical violations of labor laws that are allowed in dental clinics. The point is that doctors with the same qualifications are paid different salaries.
Meanwhile, this contradicts one of the fundamental principles of labor legislation, enshrined in article 3 of the Labor Code of the Russian Federation, which says: "No one can be restricted in labor rights and freedoms or receive any benefits, regardless of gender, race, skin color, nationality. , language, origin, property, social and official status, age, place of residence, attitude to religion, political convictions, belonging or not belonging to public associations, as well as from other circumstances not related to business qualities employee ".
In addition, the rule prohibiting discrimination in the field of wages is contained in article 132 of the Labor Code of the Russian Federation, which states that the salary of each employee depends on his qualifications, the complexity of the work performed, the amount and quality of labor expended and is not limited to the maximum amount.
Any discrimination in establishing and changing the size of wages and other conditions of remuneration is prohibited.

The employment contract must indicate the types and conditions of social insurance directly related to work in the event that the employer provides additional (medical, pension) insurance to the employee and, in this regard, makes contributions to non-state insurance funds. Where appropriate, reference may be made to specific laws and other regulations.

These are the essential conditions of the employment contract, which, as mentioned above, must necessarily be provided for in the employment contract. In addition, the contract may provide for other conditions.
So, for example, in order to check the suitability and abilities of the employee to the work entrusted to him, by agreement of the parties, a probationary period may be established. If an employee is hired with probationary period, then the employment contract must indicate this. The absence of a probationary clause in the employment contract means that the employee was accepted without probation.
The test period cannot exceed three months. The period of probation does not include the period of temporary incapacity for work and other periods when he was actually absent from work.
The heads of dental clinics need to keep in mind that the law prohibits the establishment of a test when hiring persons who have graduated from educational institutions primary, secondary and higher vocational education and for the first time applying to work in their specialty. Consequently, if a dentist is hired immediately after graduation from the institute, then the establishment of a test for such an employee is not allowed.
In addition, it should be borne in mind that a test for hiring is not established for persons invited to work as a transfer from another employer as agreed between employers.
If the test period has expired, and the employee continues to work, he is considered to have passed the test, and the subsequent termination of the labor (contract) is allowed only on a general basis.

Article 57 of the Labor Code of the Russian Federation provides that an employment contract may provide for a condition on non-disclosure of secrets protected by law (state, official, commercial and other).
In this regard, it should be recalled that Article 61 of the Fundamentals provides that information about the fact of seeking medical help, the state of health of a citizen, the diagnosis of his illness and other information obtained during his examination and treatment are medical secrets. The citizen must be confirmed the confidentiality guarantee of the information transferred to him.
It is not allowed to disclose information constituting a medical secret by persons who became aware of it during training, performance of professional, official and other duties, except for the following cases.
With the consent of a citizen or his legal representative, it is allowed to transfer information constituting a medical secret to other citizens, including officials, in the interests of examining and treating a patient, for conducting scientific research, publishing in scientific literature, using this information in the educational process and in other purposes.
The provision of information constituting a medical secret without the consent of a citizen or his legal representative is allowed:
1) for the purpose of examining and treating a citizen who, due to his condition, is unable to express his will;
2) with a threat of proliferation infectious diseases, mass poisoning and injuries;
3) at the request of the bodies of inquiry and investigation, the prosecutor and the court in connection with an investigation or court proceedings;
4) in case of rendering assistance to a minor under 15 years of age to inform his parents or legal representatives;
5) if there are grounds for believing that the harm to the health of a citizen was caused as a result of unlawful actions.
Therefore, it is advisable to include a condition on non-disclosure of information constituting a medical secret in an employment contract with doctors.

It is not uncommon for dental clinics to pay for the training of their specialists, including abroad, and the latter quit their jobs shortly after graduation. In order to warn oneself against such consequences, the dental clinic must provide in the employment contract the obligation of the employee to work after training for at least the period specified in the contract.
In accordance with article 249 of the Labor Code of the Russian Federation, the employee is obliged to reimburse the costs incurred by the employer when sending him to training at the expense of the employer, in case of dismissal without good reason before the expiration of the period stipulated by the employment contract or the employee training agreement at the expense of the employer.

An employment contract may include additional conditions that specify the obligations of the parties and are established by contract.
The establishment of additional terms and conditions of the employment contract should not worsen the employee's position in comparison with the legislation. Terms of an employment contract that worsen the employee's position in comparison with the law are invalid.
The contract may also include the obligations of the employer in relation to the employee, consisting in providing ample opportunities for acquiring knowledge and skills, creating appropriate conditions for their acquisition.
As additional conditions, the employee's obligations to improve qualifications, the level of professionalism and competence may be included in the employment contract. This is especially true in light of the dynamic development of medical science and the emergence of new technologies and treatment methods.

The document blank "Model form of an employment contract with an obstetrician-gynecologist" refers to the heading "Employment contract, employment contract". Save the link to the document on social networks or download it to your computer.

Labor contract

with an obstetrician-gynecologist

_______________________ "__" ____________ 20__

(place of conclusion of the contract) (date of conclusion of the contract)

___________________________________________________________________

(full name of the employer)

represented by ____________________________ ____________________________________,

(job title) (full name)

acting on the basis ______________________________________________,

(Articles of Association, Regulations, Power of Attorney)

hereinafter referred to as the "Employer", on the one hand and

Hereinafter referred to as "Obstetrician

gynecologist "," Worker ", on the other hand, and collectively referred to as" Parties ",

have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. The obstetrician-gynecologist undertakes to provide qualified

medical care in your specialty, using modern methods

prevention, diagnosis, treatment and rehabilitation allowed for use

in medical practice, obeying the internal labor regulations

v ______________________________________________________________________,

(place of work)

a The employer undertakes to provide him with the necessary working conditions,

stipulated by labor legislation, as well as timely and complete

payment of wages.

1.2. The employment contract was concluded on ________________________________.

(duration of the employment contract)

1.3. The employee is obliged to start work with "___" ___________ 20__.

1.4. The test period for hiring is _______________

1.5. Work for the Employer is for the Employee _________________

(main or software

part-time)

place of work.

2. Rights and Obligations of the parties

2.1. The employee has the right to:

Providing him with work stipulated by this contract;

Payment of wages in the amount and in the manner prescribed

this agreement;

Complete, reliable information about working conditions and requirements

labor protection;

The protection of their labor rights, freedoms and legitimate interests is not by all

in ways prohibited by law;

Compensation for harm caused to him in connection with the performance of labor

duties, and compensation for moral damage in the manner prescribed

The Labor Code of the Russian Federation, other federal laws;

Compulsory social insurance.

2.2. The employee is obliged:

To fulfill in good faith their duties stipulated by the

noble instruction;

Supervise the work of his subordinate middle and junior medical

whom staff (if any), facilitate the implementation of their

job responsibilities;

Monitor the correctness of diagnostic and therapeutic

procedures, operation of tools, apparatus and equipment, rational

local use of reagents and drugs, compliance

occupational safety and health regulations for middle and junior medical

staff;

Participate in conducting classes to improve the qualifications of medical

Qing personnel;

Plan your work and analyze the performance of your activities

Provide timely and high-quality medical registration

and other documentation in accordance with the established rules;

Conduct sanitary and educational work;

Comply with the rules and principles of medical ethics and deontology;

Skillfully and promptly execute orders, instructions and

instructions from the management of the institution, as well as regulations on

their professional activities;

Follow the rules internal regulations, fire safety

hazard and safety measures, sanitary and epidemiological regime;

Promptly take action, including timely information

manuals on elimination of safety violations, fire-prevention

and sanitary regulations that pose a threat to the activities of a healthcare institution

security, its employees, patients and visitors;

Systematically improve your qualifications.

2.3. The employer has the right:

Encourage the Employee for conscientious, efficient work;

Require the Employee to fulfill his job duties and to

respect for the property of the Employer and other employees, observing

niya labor discipline;

Bring the Employee to disciplinary and material responsibility

in accordance with the procedure established by the Labor Code and other federal laws

2.4. The employer is obliged:

Comply with labor laws and other regulatory legal

the introduction of the collective agreement, agreements and labor contracts;

Provide the Employee with work stipulated by this agreement;

Ensure safety and working conditions in accordance with state

gift normative labor protection requirements;

Providing the Employee with equipment, tools, technical

documentation and other means necessary for the execution of labor

responsibilities;

Pay in full the salary due to the Employee

payment within the terms established by this agreement;

Introduce the Employee against signature with the accepted local norms

tive acts directly related to his labor activity;

Provide the everyday needs of the Employee related to the fulfillment of

job responsibilities;

Carry out compulsory social insurance of the Employee in the

the row established by federal laws;

Compensate for harm caused to the Employee in connection with the performance by him

labor duties, as well as to compensate for moral damage in the manner and

on the conditions established by the current legislation of the Russian Federation.

2.5. The parties have other rights and fulfill other obligations provided for

reviewed by the current labor legislation.

3. Working hours and rest times

3.1. The employee is set to __________ a day's work week.

Start time - ___ h, end - ___ h, break - ____ h.

Weekend - ___________________________________________________.

3.2. The employee is provided with an annual basic paid employment

start-up lasting 28 calendar days. Annual paid from-

start-up is provided in accordance with the current legislation on

3.3. The employee is provided with an annual additional payment

My vacation lasting ______ calendar days. Annual supplement

paid vacation is granted in accordance with the current

labor legislation.

3.4. An employee may be granted leave without pay-

wages in accordance with applicable labor legislation.

4. Terms of remuneration

4.1. The employee is paid a salary in the amount of ___________________

(____________________________) rubles per month.

4.2. For the conscientious performance of labor duties to the Employee

a monthly premium is paid in the amount of ______________ rubles.

4.3. Wages are paid to the Employee twice a month at

the procedure and terms established by the internal labor regulations

and collective agreement.

4.4. When performing work outside the normal

These working hours: at night, weekends and non-working holidays

days, when combining professions (positions), in the performance of duties

a temporarily absent employee - The employee is provided with appropriate

additional payments in the manner and amount established by the collective agreement and

local regulations.

4.5. For the period of validity of this employment contract for the Employee

all guarantees and compensations provided for by the current

labor legislation of the Russian Federation.

5. Responsibility of the Parties

5.1. In case of non-performance or improper performance by the Employee

their duties specified in this employment contract and job

instructions, violations of the labor legislation of the Russian Federation, as well as causing

To the employer of material damage, he bears disciplinary, material and

other liability, in accordance with the current legislation of the Russian Federation.

5.2. The obstetrician-gynecologist is responsible for violations of rights

citizens in the field of health care, resulting from non-compliance or

improper performance of his professional duties, in accordance with

in accordance with the legislation of the Russian Federation.

5.3. The employer bears to the Employee material and other

responsibility in accordance with the current legislation of the Russian Federation.

6. Final provisions

6.1. Disputes between the Parties arising from the execution of this

labor contract, are considered in the manner prescribed by the Labor Code

Dex RF and other federal laws.

6.2. In all other respects that are not provided for by this labor pre-

in a nutshell, the Parties are guided by the legislation of the Russian Federation governing labor

long-term relationships.

6.3. The employment contract is concluded in writing, drawn up in two

copies, each of which has the same legal force. All of-

changes and additions to this employment contract are drawn up two-way

by a good written agreement.

6.4. This employment contract may be terminated for reasons

stipulated by the current labor legislation.

7. Details and signatures of the Parties

Employer:____________________________________________________________

(full name)

INN _______________

____________________________ ____________________ _______________________

(name of the person's position, (signature) (full name)

signatory to the agreement)

Employee:________________________________________________________________

passport: series _______________________, N _______________________

issued _________________________________ "___" ___________ 200 __

department code __________________________________________________

registered at: ______________________________________________

I have received a copy of the employment contract.

______________________________

(signature)

View document in gallery: