The model of filling of the employment contract ofthe Employment contract governs the relations between the worker and the employer. The labor relations are governed by the Labour Code of the Russian Federation. In separate branches also the special acts characteristic of this area of work can be also submitted.
The employment contract has to be made in duplicate, one of which is stored in affairs of the employer, another is handed out to the worker. It is necessary to remember surely that when receiving the copy by the worker, he has to undersign surely on the employer`s copy about receiving, otherwise it is considered that the contract was not handed out to the worker. Model of filling of the employment contract.
By the law it is provided 3 - x the dnevny term of signing of the contract. That is the worker can actually be allowed before work, but during 3 - x days have to sign the employment contract with him.
Before employment, that is before signing of the employment contract, the employer is obliged to inform under the worker`s list of local documents, employment policies and procedures, the collective agreement (if such exists).
Employment is made out by the order which has to correspond to the signed employment contract. About acquaintance with the order the worker also has to undersign on the order. According to the first requirement of the worker the employer is obliged to issue the certified copy of the order.
At employment and at an execution of an employment agreement the worker has to provide the exhaustive list of documents which are provided by Art. 65 of the Labour Code of the Russian Federation (nothing any more employer has the rights to request):
- the passport, or other document according to which it is possible to identify the worker`s personality;
- service record, if only it not the first place of work or not part-time job;
- insurance evidence of the state pension insurance;
- if the worker has to pass military service, then the document confirming passing of military service;
- document on education.
Essential conditions of the employment contract.
1) From the employer surely there has to be an existence of the following data:
- if it is the individual entrepreneur, then his surname, a name and a middle name; if it is the organization, full name of the organization,
- data on the documents allowing to identify the employer (if it is the organization, are necessary: Charter, INN, PSRN; if the individual entrepreneur, then passport details and data on statement on tax accounting),
- the documents confirming the power of the person signing the employment contract from the employer (or the order on appointment of the CEO or the power of attorney).
From the worker it is better to specify date of birth, all passport data and the address of registration (if the worker is not registered anywhere, then the employer has no right to refuse to it employment, and the address can be written from words, but so that then it could be confirmed, in case of any disputes).
2) The place and date of an execution of an employment agreement
3) the Place of work of the worker, especially it is necessary to be attentive if the worker is employed in separate division or branch: it has to be surely stated in the employment contract
4) Labour duties, existence of the reference to the staff list as if the established post is not provided, then the person can be dismissed by
5) Start date of work is necessary. The worker, if other is not provided in the contract, gets to work next day after signing of the employment contract. Sample of the employment contract.
Especially it should be noted that the employment contract has to be signed or it is termless, or on performance of concrete work. In the contract period of validity of the contract can be provided only in the concrete cases provided by the law, to be exact Art. 59 of the Labour Code of the Russian Federation (BUT NO MORE THAN THAT!): - replacement of temporarily absent worker (for example, went on a maternity leave or went to long business trip), - performance of a certain temporary job.
6) Terms of payment of work of the worker, including official salary and possible sizes of awards.
7) Mode of the working day and time of rest, including holidays.
8) special working conditions (traveling, mobile etc.)
9) Obligations of the employer about obligatory social insurance of the worker, and also other guarantees, according to the Labour code of the Russian Federation.
10) Also other working conditions which should not worsen the worker`s situation can be provided.