When getting a job, we notice that some organizations enter into employment agreements with their employees, and some enter into contracts. Let's look at the difference between an agreement and a contract.
Labor contract
The employment contract came to us from abroad. In the USA, this is the main document in hiring. By what principles does he operate? The contract is valid from 1 to 5 years. Then, it is either extended or terminated. Extension and termination of the contract are given two weeks notice. The important thing is that if the contract is terminated unexpectedly (that is, during the period when it should still be valid), then the employer pays compensation to his employee. The contract clearly states the place of work, conditions, position, profession and specialization of the employee, the rights of the parties, the method of remuneration, additional bonuses, bonuses and dates. The contract terminates if: its term expires, labor safety rules are violated (injuries, death), violation of certain clauses by the employee or employer, violation of discipline, failure to fulfill job duties.
Employment contract
Now let's look at the employment contract. This document is not limited by any deadlines and is based on the Labor Code of the Russian Federation. An employment contract is an agreement (oral or written) between an employee and an employer in which the employee agrees to perform a specific job, with clearly stated responsibilities, schedules and conditions. The employer is obliged to provide the employee with his workplace and the necessary equipment. The employment contract clearly indicates information about the employee and the employer, place of work and profession, duties and rights of the employee, work and rest hours, payment terms, and the availability of a social package. An employment contract terminates: upon agreement of the parties, termination of the employment contract by the employee or employer, due to force majeure, liquidation of the organization, failure to fulfill duties by the employee, violation of discipline, absenteeism, gross violation of labor protection rules.
An important difference between the two documents: the employment contract can be terminated by both the employee (2 weeks notice) and the employer; the contract can only be terminated by the employer if there is a gross mistake on the part of the employee or on his own initiative, but with payment of compensation. Today, most of our codes are being roughly reformed, and accordingly, an employee can simply be used by an employer. An employment contract is a document of the past. Thanks to such a document, it is much easier to violate the rights of an employee and force him to leave of his own free will. As for the contract, the situation is the opposite. The employer is interested in the employee, and accordingly, the contract guarantees 98% that the person will hold his job for the full term of the contract. This means there is little confidence in the future, unlike an employment contract. In addition, the contract clearly states the nuances that cannot be violated, which means that the employee retains his rights and clearly understands his responsibilities, which are spelled out in black and white in the contract. Everything that is not in the contract is something that the employee is not obligated to do. The contract is more reliable than an employment contract. Therefore, it is likely that in the coming years many organizations will switch to a contract form of employment.
Employment contract with the employee is an agreement between an employer (company or individual entrepreneur) and an employee (individual), according to which the employee undertakes to perform certain work, and the employer is obliged to provide the employee with work, pay wages on time and create working conditions that comply with the law.
An employment contract with an employee can only be terminated by mutual consent of the employer and employee, or if one of the parties fails to fulfill its obligations. Termination of an employment contract cannot be carried out if the employee is on vacation, sick leave, etc.
The employment contract is drawn up in two copies - one for each party to the employment agreement.
According to recent changes in Russian legislation, a sample employment contract must include the following details:
- Employee's name
- employer details
- job title and responsibilities of the employee
- employer's responsibilities
- working conditions
- date and place of drawing up the agreement, signatures of the parties
Standard employment contract - sample
EMPLOYMENT AGREEMENT No. ______
"Romashka" LLC, hereinafter referred to as the "Employer", represented by Director Pyotr Evgenievich Sergeev, acting on the basis of the Charter, on the one hand, and Klara Gennadievna Ivanova, hereinafter referred to as the "Employee", on the other hand, have entered into this agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. In accordance with the terms of this agreement, the Employee undertakes to perform work as a manager in compliance with the current legislation of the Russian Federation, internal documents of the Company, including internal labor regulations (mode, volume and work schedule), and the Employer undertakes to pay the Employee wages and ensure working conditions, provided for by labor legislation and this agreement.
1.2. The contract regulates labor and other relations between the Employee and the Employer. The contracting parties acknowledge that their rights and obligations are regulated by this Agreement and the norms of the current legislation of the Russian Federation.
1.3. Work under this agreement is the main place of work for the Employee.
1.4. Start date: 04/15/2016
1.5. The Employee reports directly to the director, whose instructions within the job description are mandatory for the Employee.
2. GENERAL PROVISIONS
2.1. Based on this agreement, the Employee is appointed to a position and begins his duties from the moment the relevant order is signed.
2.2. The Employee is assigned the responsibilities specified in the job description.
2.3. When carrying out legal relations within the framework of this agreement, the parties are guided by the principles:
Conscientious performance by the Employee of his official duties as a subject of civil law relations;
Assistance to the Employee from the higher management bodies of the Employer in the exercise of his official rights and obligations, ensuring proper working conditions and compliance by the Employer with the terms of this agreement and the provisions of the current legislation of the Russian Federation;
The Employee is a staff member of the Employer and exercises his rights and obligations, guided by current legislation and this agreement.
2.4. When exercising his official rights and fulfilling his duties, the Employee must act in the interests of the Employer proactively, wisely and honestly, avoid violations of the law, financial and labor discipline, and strive to improve work efficiency within his competence.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
1.1. The employee is obliged:
1.1.1. conscientiously perform their job duties in accordance with the job description;
1.1.2. comply with internal labor regulations;
1.1.3. strive to improve the results of financial and economic activities, maintaining them at the level necessary for the development of the organization and the social sphere;
1.1.4. ensure the proper condition and reliability of the Employer’s internal documents, drawn up by him in the process of work in accordance with the established procedures and standards;
1.1.5. ensure compliance of the Employer’s current activities with the requirements of the current legislation of the Russian Federation;
1.1.6. observe labor discipline;
1.1.7. comply with labor protection and occupational safety requirements;
1.1.8. treat the property of the Employer and other employees with care;
1.1.9. ensure compliance with established labor standards;
1.1.10. ensure implementation of management decisions;
1.1.11. do not transmit, without the consent of management, to the media and other third parties materials related to the activities of the Employer, either under one’s own name or under a pseudonym;
1.1.12. not to allow disclosure of information constituting a trade secret;
1.1.13. to keep secret for the entire duration of this agreement and 3 years after its termination or termination the data that became known to him during his work in the organization and is a trade secret:
Legal, technical and special documentation prepared and available to the Employer, including statistical information;
Information related to financial transactions of both the Employer itself and its business partners and clients, as well as scientific, technical, legal, business and other types of documentation that are the property of the Employer;
Information about the amount of wages of the organization’s employees;
All information about the company's clients.
1.1.14. while working under this contract, do not provide services to other organizations or persons if this may cause a violation of confidentiality or go against the interests of the Employer;
1.1.15. immediately inform your immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, or the safety of the Employer’s property.
1.2. The employee has the right to:
1.2.1. conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;
1.2.2. providing him with work stipulated by this employment contract;
1.2.3. a workplace that meets the conditions provided for by state standards and labor safety;
1.2.4. timely and full payment of wages;
1.2.5. rest provided by establishing normal working hours, providing weekly days off, non-working holidays, paid annual leave;
1.2.6. complete reliable information about working conditions and labor protection requirements in the workplace;
1.2.7. professional training, retraining and advanced training in the manner established by this Labor Code of the Russian Federation and other federal laws;
1.2.8. protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
1.2.9. compensation for harm caused to an employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;
1.2.10. compulsory social insurance in cases provided for by federal laws.
1.3. The employer is obliged:
1.3.1. comply with laws and other regulatory legal acts, local regulations, and the terms of this employment contract;
1.3.2. provide the Employee with work stipulated by the employment contract;
1.3.3. ensure labor safety and conditions that meet occupational safety and health requirements;
1.3.4. provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;
1.3.5. provide the Employee with support and assistance when carrying out activities aimed at increasing the efficiency of the organization;
1.3.6. pay the full amount of wages due to the Employee within the time limits established by this employment contract;
1.3.7. carry out compulsory social insurance of the Employee in the manner established by federal laws;
1.3.8. compensate for damage caused to the Employee in connection with the performance of their 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, federal laws and other regulatory legal acts;
1.3.9. perform other duties provided for by current federal legislation and this employment contract.
1.4. The employer has the right:
1.4.1. conclude, amend and terminate employment contracts with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;
1.4.2. encourage the Employee for conscientious, effective work;
1.4.3. demand from the Employee the performance of his labor duties and careful attitude towards the property of the Employer and other employees, compliance with the internal labor regulations;
1.4.4. exercise control over the proper compliance by the Employee with the requirements of the legislation of the Russian Federation and internal documents of the Employer;
1.4.5. if necessary, apply both incentive measures and disciplinary measures to the Employee in the manner prescribed by current legislation;
1.4.6. in order to improve the efficiency of the organization, give the Employee mandatory instructions;
1.4.7. bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.
You can download the full text of the employment contract from the link below:
Download the employment contract form
When applying for a job, do not forget to prepare an employment order and make an appropriate entry in the work book.
1. SUBJECT OF THE EMPLOYMENT CONTRACT
1.1. The employee is hired by the Employer to perform work in a position in.
1.2. The employee is required to start working in 2019.
1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.
1.4. The work under this agreement is the main one for the Employee.
1.5. The Employee's place of work is at: .
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee reports directly to the General Director.
2.2. The employee is obliged:
2.2.1. Perform the following job responsibilities: .
2.2.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, and conscientiously perform their job duties specified in clause 2.2.1. this employment contract.
2.2.3. Take care of the Employer’s property, maintain confidentiality, and not disclose information and information that is a trade secret of the Employer.
2.2.4. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without the permission of its management.
2.2.5. Comply with labor protection, safety and industrial sanitation requirements.
2.2.6. Contribute to the creation of a favorable business and moral climate at work.
2.3. The employer undertakes:
2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.
2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.
2.3.3. Pay the Employee in the amount established in clause 3.1. this employment contract.
2.3.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the Employer’s work in the manner established by the Regulations on remuneration and other local acts of the Employer.
2.3.5. Carry out compulsory social insurance for the Employee in accordance with the current legislation of the Russian Federation.
2.3.6. Pay for training in case of operational necessity in order to improve the Employee’s qualifications.
2.3.7. Familiarize the Employee with labor protection requirements and internal labor regulations.
2.4. The employee has the following rights:
- the right to provide him with the work specified in clause 1.1. this employment contract;
- the right to timely and full payment of wages;
- the right to rest in accordance with the terms of this employment contract and legal requirements;
- other rights granted to employees by the Labor Code of the Russian Federation.
2.5. The employer has the right:
- encourage the Employee in the manner and amount provided for by this employment contract, the collective agreement, as well as the conditions of the legislation of the Russian Federation;
- bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;
- exercise other rights granted to him by the Labor Code of the Russian Federation.
3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is paid a salary in the amount of rubles per month.
3.2. When performing work of various qualifications, combining professions, working outside normal working hours, at night, on weekends and non-working holidays, etc. The employee is paid the following additional payments:
3.2.1. Work on weekends and non-working holidays is paid double.
3.2.2. An employee who performs for the same employer, along with his main work stipulated by an employment contract, additional work in another profession (position) or performing the duties of a temporarily absent employee without being released from his main job, is paid additionally for combining professions (positions) or performing duties of a temporarily absent employee in the amount determined by the additional agreement to this agreement.
3.2.3. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
3.3. Downtime caused by the employer, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the Employee’s average salary. Downtime due to reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary). Downtime caused by the Employee is not paid.
3.4. The conditions and amounts of the Company's payment of incentives to the Employee are established in the collective labor agreement.
3.5. The Employer pays wages to the Employee in accordance with the “Regulations on Remuneration” in the following order: .
3.6. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.
4. WORKING AND REST TIME REGIME
4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.
4.2. During the working day, the Employee is given a break for rest and food from one hour to one, which is not included in working hours.
4.3. Work of the Employee in the position specified in clause 1.1. agreement is carried out under normal conditions.
4.4. The employee is granted annual leave of 28 calendar days. Vacation for the first year of work is granted after six months of continuous work in the Company. In cases provided for by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be provided at any time of the working year in accordance with the order of provision of annual paid leave established in this Company .
4.5. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.
5. EMPLOYEE SOCIAL INSURANCE
5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.
6. WARRANTY AND COMPENSATION
6.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.
7. RESPONSIBILITY OF THE PARTIES
7.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer’s internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.
7.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.
7.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.
8. TERMINATION OF THE AGREEMENT
8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.
8.2. The day of termination of the employment contract in all cases is the last day of work of the Employee, with the exception of cases where the Employee did not actually work, but retained his place of work (position).
9. FINAL PROVISIONS
9.1. The terms of this employment contract are confidential and are not subject to disclosure.
9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
9.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.
9.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
9.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:
11. SIGNATURES OF THE PARTIES
Employer _________________
Worker _________________
When applying for employment, many workers are not particularly interested in what type of contract seals the employment relationship, believing that any document that confirms official employment is sufficient. Meanwhile, some employers, instead of an employment contract, enter into an employment contract with employees.
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What is it
Such a concept as an “employment contract” came to us from abroad. For example, American employers use it as the main document for employment. The peculiarity of the contract is that its validity period ranges from one to five years.
Then the agreement can be terminated or extended. Moreover, in both cases, notice from the employer is required two weeks in advance.
The concluded contract is considered valid for the entire period specified in it. If the employer decides to unexpectedly and without reason terminate the contract, then his obligation becomes to pay compensation to the employee.
- place of work;
- working conditions;
- profession, position and specialization of the employee;
- rights of the parties involved;
- methods of remuneration;
- availability of additional payments, allowances, compensations;
- date of conclusion and period of validity.
The employment contract may include conditions under which the agreement can be terminated early unilaterally. This could be an employee’s violation of certain points, the occurrence of an event, early completion of work, etc.
How to apply and its sample
The execution of a contract follows the same procedure as the execution of an employment contract. That is, the following points must be indicated:
- details of the parties - full name employee and his passport details, name of the employing organization or full name. employer and details;
- place of work and functional responsibilities;
- working hours and payment procedures;
- liability of the parties;
- signatures of participants.
The main difference is the conditions specified in the contract:
- the amount of compensation for non-compliance with the terms of the contract;
- the extent of the employee’s financial liability for possible damage;
- methods of stimulating employees to increase labor productivity, for example, increasing the hourly wage rate when the norm is exceeded;
- additional benefits, for example, provision of a budget place in a preschool institution;
- additional responsibilities, for example, the need to periodically go on business trips.
An important point is the inclusion in the employment contract of conditions under which the employer has the right to terminate the agreement unilaterally, without taking into account the consent/disagreement of the employee.
This way the employer is insured against indiscipline or incompetence of the employee. Such conditions may include such things as a low grade based on certification results, failure to fulfill requirements to the required extent, etc.
At the same time, the amount of compensation that the party terminating the contract early is required to pay.
In some cases, the contract may provide for the payment of a penalty by the employee if he terminates the agreement early without good reason and the employer incurs losses.
Special attention should be paid to concluding a contract with employees holding managerial positions, for example with a director.
Thus, an employment contract with the general director of an LLC is concluded on the basis of a decision of the general meeting of owners, enshrined in the minutes. As a rule, the appointment of a general director occurs simultaneously with the beginning of the state registration process.
Since the tax authority involved in registration works directly with the authorized representative of the organization, the employment contract of the general director is provided along with a package of documentation for registration.
The contract with the general director is signed by a responsible person from the owners, authorized on behalf of the general meeting to sign such documents. If there is only one owner of the organization, then he signs the contract.
How is it different from an employment contract?
If we talk about the purpose of the employment agreement and contract, then both of these documents confirm the existence of labor relations and regulate them. But there are some significant differences.
A significant difference is that the employment contract can be terminated by either party; it is enough to notify the opponent of the termination of the legal relationship two weeks in advance.
Only an employer can terminate a contract early if there has been a violation of conditions, failure to fulfill obligations or a gross mistake on the part of the employee.
If we talk about guarantees for the employee, the contract assumes that already at the time of conclusion it is known about the time of its end.
That is, the employee’s employment is clearly limited in time. When concluding an open-ended contract, legal relations can last as long as the parties themselves wish.
At the same time, the contract can be modified into an agreement with an indefinite period if the parties to the agreements themselves wish to extend the relationship. An open-ended employment contract, under no circumstances, can turn into a contract.
If we talk about working conditions, then in the employment contract they are described only in general terms. A more detailed description can be included in the application in the form of a job description.
In the contract, all the employee’s actions can be specified in detail. The employee is not obliged to fulfill anything that is not contained in the contract.
If we talk about the reliability of a particular document regarding the registration of labor relations, then opinions here differ significantly. Some people believe that an employment contract gives the employee more guarantees, but these can also be specified in the contract.
According to some, the conclusion of a contract guarantees the continuation of legal relations until the expiration of the established period, while the employment contract can be terminated at any time at the request of the employer.
But the contract can also be terminated early under certain conditions. So, most likely, the advantage of a particular document should be assessed from the perspective of a specific situation.
Be that as it may, in Russian legislation there is still no clear definition of the term “contract”. There is only the concept of a fixed-term employment contract, which can be concluded only under certain circumstances, clearly stated in.
What are the types
According to the labor legislation of the Russian Federation, it is possible to conclude a fixed-term employment contract, or the so-called contract, if it is not possible to conclude a contract for an indefinite time due to:
- the nature of the work to be done;
- conditions for carrying out activities;
- employee interests;
- cases provided by law. Thus, at present, fixed-term contracts are concluded with the heads of organizations and some other employees.
As for the types of fixed-term contracts, there may be several options for its execution.:
- conclusion of a contract for a certain period, but not more than five years and not less than one year;
- drawing up a contract for the period of specific work;
- signing a fixed-term contract for the period of absence of a permanent employee, that is, to replace him for a clearly established period;
- concluding a contract to perform seasonal work.
There are contracts with special working conditions. In addition to the mandatory conditions, such a document contains data on the nature and characteristics of the work.
So special conditions may be:
- work schedule, frequency of shifts, their number and duration;
- availability of night shifts and method of payment for them;
- the presence of dangerous and harmful factors during work activities;
- information about the issuance of protective, cleaning or other means to the employee.
Fixed-term contracts may differ depending on the type of employer. Such a document can seal labor relationships with both a legal entity and an individual.
Thus, the following persons have the right to enter into a fixed-term contract as an employer - an individual:
- individual entrepreneurs;
- lawyers and private notaries;
- persons whose activities are subject to licensing or mandatory registration;
- individuals who employ people for personal assistance.
In general, a contract with an individual is concluded on the same principle as with a legal entity. The differences are the following:
- both parties are individuals;
- the employer is obliged to register the contract with local authorities;
- the document must contain a detailed description of the employee’s labor functions;
- having a work book is not mandatory;
- the notice period for termination of the contract is included in the text as agreed by the parties.
Urgent
An employment contract is a type of employment contract that is concluded for a certain time. And it has some characteristic features.
In particular:
- the contract is concluded exclusively in writing, while an employment contract can be considered concluded before signing, subject to the registration of the employee and the start of his work activity;
- Some “classic” contract nuances are simply absent from the employment contract. These include a detailed description of job responsibilities, the exact amount of salary, a fixed amount of additional payments;
- the contract contains an exact indication of the validity period and expiration date, which is not required for an open-ended employment contract;
- The contract may provide for the employee’s liability for violating the terms of the contract, which is more stringent than for violating the terms of an open-ended employment contract.
An important feature is that whatever the terms of the contract, they cannot reduce the social security of the employee in comparison with the standards defined by labor legislation. If such a fact occurs, then certain terms of the contract may be declared invalid.
How to appeal an unjustified termination by an employer
The contract clearly states the validity period from one to five years. After this period, the agreement may be terminated or the employee will be asked to extend the contract and change it to an open-ended contract.
When terminating a contract after the expiration of the term, the employer is not obliged to justify the refusal to extend the relationship, and the employee is also not obliged to explain his reasons. The main requirement is mutual notification two weeks before the end of the contract.
The situation is different in the event of early termination of the contract by the employer. In general, the contract must be worked out to the end and in case of early termination, the employing company is obliged to pay the employee the entire amount of wages specified in the contract. The exception is termination of the contract due to violation of the terms of the document.
If the employee does not agree with the employer’s motivation for early termination of the contract, he can appeal this decision by appealing to the courts.
The court will consider all the circumstances of the situation and if the employer’s actions are found to be unlawful, then he may be required to pay the employee’s salary for the entire period of the contract.
Since 2002, the Labor Code of the Russian Federation has no concept of “contract”; it has been replaced by a fixed-term employment contract.
An employment contract is an agreement between an employer and an employee about the nature and duration of the employment relationship. An employment contract legally formalizes the mutual rights and obligations of participants in labor relations. A properly drafted employment contract will protect the interests of the employer without infringing on the rights of the employee, and will help avoid many undesirable legal consequences. The parties to the employment contract are the employer and the employee.
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work in a designated job function, to ensure working conditions provided for by labor legislation and other regulations, to pay the employee wages in a timely manner and in full, and the employee, for his part, undertakes personally perform the labor function determined by this agreement, comply with the internal labor regulations in force of the employer. The main document regulating labor relations is the Labor Code, and the terms of the employment contract should not contradict its articles. Moreover, in controversial situations, they will be interpreted as described in the labor code.
An employment contract should be distinguished from. An employment contract provides the employee with a number of benefits, guarantees and compensations not provided for in contractual relations.
Sometimes in practice the terms employment contract and employment agreement are used.
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract remains with the employee, the other is kept by the employer. The fact that a copy of the employment contract has been received by the employee is certified by the employee’s signature on the copy of the employment contract kept by the employer.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his legal representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.
According to the Labor Code, an employment contract may contain additional conditions that do not worsen the employee’s position in comparison with those established by labor legislation and other regulatory legal acts, a collective agreement, agreements, and local regulations, namely:
- Condition for clarification of the place of work, indicating the structural unit of registration and its location;
- Probationary period condition;
- Non-disclosure agreement for proprietary or commercial information;
- A condition on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
- Agreement on the types and conditions of additional social and medical insurance for the employee;
- Condition on the possibility of improving the social and housing conditions of the employee;
- A clause clarifying the working conditions of a given employee, as well as the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms.
When concluding employment contracts with certain categories of workers, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies.
