The employment contract with the employee is completed. Under what circumstances should you not enter into a fixed-term contract? Working time and rest time

On August 27, 2016, the Government of the Russian Federation adopted Resolution No. 858, which approved the form of a standard employment contract.

Why is this document needed, who will apply it? From what moment does it come into effect? Is it possible to make adjustments to the standard form? What documents does this agreement replace?

We will answer these and others important questions about this document in our today's publication. At the bottom of the page you can download the form of a standard employment contract for 2018.

Who has the right to apply the Standard Employment Agreement in 2018?

The above-mentioned Resolution was adopted on the basis of Art. 309.2 of the Labor Code of the Russian Federation, it came into force on January 1, 2017. The article provides for micro-enterprises the possibility of refusing to adopt local regulations that set out standards labor law. It will be possible to replace these documents (partially or completely) with standard employment contracts from 2017, concluded with each individual employee.

The innovation applies to both organizations and individual entrepreneurs belonging to this category. To do this, they must meet a number of conditions:

have no more than 15 people average number employees for the previous calendar year;
income for the previous calendar year should not exceed 120 million rubles;
additionally for organizations: among the founders, the total share of third-party organizations (both Russian and foreign) is no more than 49%; and participants representing regions, municipalities, religious and public organizations, funds - no more than 25%.

Accurate information about whether, from January 1, 2017, an organization or individual entrepreneur belongs to the category of microenterprises can be found on the Federal Tax Service website https://rmsp.nalog.ru/ where “ Single register small and medium-sized businesses."

At the top of the page you need to press the " Search" and enter your INN or OGRN in the window that opens. Then enter the command " Find", and the service will provide information about which category this individual entrepreneur or LLC belongs to.

Please note: the law does not oblige employers to use standard employment contracts. But it only gives the right to choose: to apply local acts or these documents. If the choice falls on employment contracts, they will be concluded with newly hired employees from January 2017 and subsequent periods. For existing employees, it will be necessary not only to draw up the same contract, but also to conclude an additional agreement.

Document format and content

For a standard employment contract for 2018, a special shape, containing an introductory part and 11 main sections:

As can be seen from the list of sections, this comprehensive form provides for the entry of all basic data that is currently contained in local legal acts.

This is information about the amount and procedure for payment of wages, about job responsibilities, work schedule and other important parameters of work organization. The format developers also took care of the possibility of entering special conditions(Section 8), here you can record, say, agreements between the employee and the employer in the case of remote or simply home-based performance of duties.

Documents that can be refused

Which local acts can confidently replace the standard one? employment contract 2018? Most of those currently in circulation.

Internal rules labor regulations . They can be completely abandoned by filling out Section 5 of the standard agreement in detail.

Regulations on remuneration and bonuses. Can be painlessly replaced by section 4 of the above form: “Employee remuneration.” Where the employer will describe all the nuances: size, procedure, specific dates for receiving salaries, availability of social guarantees, conditions for assigning bonus payments and their sizes and other details.

Regulations on irregular working hours. Its conditions may well be described by paragraph 9 of the standard form.

Job Descriptions are not at all mandatory document for microenterprises. They are required to be developed only for government agencies. This provision is enshrined in Art. 47 Federal Law dated July 27, 2004 No. 79-FZ. But the presence of such a document helps employers detail the duties of employees and their level of responsibility. This means that in cases of controversial situations or emergencies, it will be easier to prove in court that one or another side of the conflict is right. Such clearly defined conditions will also help if it is necessary to dismiss an employee. And in " ordinary life“They will facilitate certification and competent distribution of responsibilities among team members.

The job description is not officially a local regulatory act. It is usually drawn up as an annex to the employment contract or as a separate document. It can quite authentically be replaced by a detailed elaboration of the clauses of the employment contract describing the responsibilities of the parties and the special conditions for their implementation.

By shift schedules the situation is similar: all the standards for working hours, information about shifts, permitted breaks and other details easily fit into the contract format.

Labor safety rules and related instructions. Paragraph 23 of Part 2 of Article 212 of the Labor Code of the Russian Federation obliges to register them in internal documents. The basic rules are easy to describe in Section 6 “Occupational Safety and Health” of the employment contract; there are the necessary clauses and wording for this.

But instructions in this direction are usually very voluminous, and this is justified. Their violations are fraught with very serious consequences. To avoid cluttering the contract with the details of these provisions, it is most likely preferable to keep the instructions as a separate document. Especially if the work involves danger to the health and life of employees.

What documents should I leave?

There are a number personnel documents, which must be left in circulation for the convenience of the employer.

Staffing table in accordance with paragraph 3 of part 2 of Article 57 of the Labor Code, it is a mandatory document; in principle, it cannot be replaced by any other document. It is used to design the structure of the organization, staffing levels and composition of employees. But it is used exclusively by the company’s management and does not affect the activities of employees. That is why the latter do not need to be familiarized with this document.

And here vacation schedule very important for every employee. And it is also mandatory for the employer. It is compiled for each calendar year, at the latest, two weeks before the start of the new calendar period. The vacation schedule for 2018, for example, must be communicated to the team no later than December 17, 2017. And in the standard form of an employment contract there is clause 22, where it is necessary to include a link to this schedule.

The standard form does not contain the necessary wording for a number of other documents that also need to be preserved. These are the Regulations on certification, on personal data, on the protection of trade secrets and on business trips.

Can adjustments be made to the form?

The Russian Ministry of Labor has not yet given clear instructions on how to fill out the employment contract form. Logically, based on the specifics of the activities of enterprises and organizations, their special working conditions, the necessary formulations can and should be selected from the form, leaving “outside the brackets” those points that are absolutely inapplicable here.

But in terms of the specific wording of the document, it is worth being more scrupulous. After all, this is a standard form, and its purpose is precisely this: to standardize documentation. And we must not forget that employment contracts are intended to replace local regulations. And liberties are not allowed in them; these are official documents. Therefore, it is not worth changing the developed wording or rephrasing the clauses of the agreement.

A fixed-term employment contract is a special form of agreement between an employee and a company, since it necessarily has a specific expiration date. By general rule Employee contracts are ongoing and do not have a predetermined termination date. And only such fixed-term contracts stand apart in this series. Let us consider the features of such special cases.

When is a fixed-term contract with an employee possible?

Based on everyday logic, any agreement can become urgent if its parties agree on this in advance. Suppose we want to work together for 4 months - look at the result and at the end of these months make a decision whether to cooperate further or not. It would seem that it would be simpler - we sign a contract for 4 months - and it’s done! However, labor legislation departs from such everyday logic and tells us that there are a very small number of conditions that can cause the urgency of the contractual relationship between the employee and the employer. All of them are defined in Article 59 of the Labor Code of Russia. Please note: only in these cases, established by the Labor Code of the Russian Federation, is it possible to conclude a fixed-term employment contract.

If a person is hired during the absence of another employee. The most common situations of this kind are a woman on maternity leave or an employee undergoing long-term treatment.
If the work is initially temporary and does not require a period of more than 2 months. For example, if people are recruited for a specific short-term project.
If this is seasonal work due to climate or natural conditions region. Example: catching spawning fish, picking wild mushrooms/berries, harvesting vegetables, and so on.
If we're talking about about working in an elective position, where a person is elected for a known specific term.
If this is an internship job.
If employees are hired by an individual entrepreneur, as well as a legal entity - a small enterprise (with a staff of up to 35 people).
If this is not the main job for a person, but part-time.
And in some other specific situations (see the same article 59).

Also, concluding a fixed-term employment contract of the 2017 model is legal with certain categories of people and professionals: pensioners, creative workers, top managers and chief accountants and others.

In other cases, except for those that are directly indicated in the same Article 59 of the Labor Code, it is necessary to draw up a regular, open-ended contract with the employee. If the company enters into a contract for a certain period for reasons that are not specified there, the employee can easily go to court. And the courts in such cases take the side of the person, ultimately recognizing the contract as unlimited. And the employer receives a fine for violating labor law.

Features of a fixed-term employment contract

In general, it is not much different from the standard one. There is one nuance in it - in fact, an indication of the period of relations between the parties. A fixed-term employment contract is concluded for a period determined jointly - but taking into account the conditions that we talked about just above. When determining the period, of course, you need to take into account the reason for the urgency - for example, if an employee came to work instead of a maternity leave, then it is unlikely that this can be longer than the period of maternity leave. And if this is a seasonal job of picking mushrooms, then such an agreement logically cannot last longer than November.

Fixed-term contract form

As mentioned above, the sample fixed-term employment contract with an employee in 2017 is not fundamentally different from the usual one, except for indicating the validity period. Therefore, to draw up such a document, you can take any other contract with an employee as a basis, adding a mandatory clause to it, for example, this:

In accordance with Part 1 of Article 59 of the Labor Code of the Russian Federation, this fixed-term employment contract is concluded for the period of absence from work of Svetlana Petrovna Ivanova (absent due to being on maternity leave until the child reaches the age of three years).

The start date of work under this agreement is 01/01/2017.

The date of termination of the employment contract is the date of S.P. Ivanova’s return to work.

In other respects, such a contract is similar to an open-ended one.

There is one more condition that should be taken into account when working with such contracts - the condition of a probationary period for the employee. The fact is that for short-term contracts there are features:

if the contract term is up to two months, then there cannot be a probationary period, this is illegal;
if the contract period is from two to six months, then probation should not be longer than 14 days.

A fixed-term employment contract is a special form of agreement between an employee and a company, since it necessarily has a specific expiration date. As a general rule, contracts with employees are continuous and do not have a predetermined termination date. And only such fixed-term contracts stand apart in this series. Let us consider the features of such special cases.

When is a fixed-term contract with an employee possible?

If a person is hired during the absence of another employee. The most common situations of this kind are a woman on maternity leave or an employee undergoing long-term treatment.
If the work is initially temporary and does not require a period of more than 2 months. For example, if people are recruited for a specific short-term project.
If this is seasonal work due to the climate or natural conditions of the region. Example: catching spawning fish, picking wild mushrooms/berries, harvesting vegetables, and so on.
If we are talking about work in an elective position, where a person is elected for a known specific term.
If this is an internship job.
If employees are hired by an individual entrepreneur, as well as a legal entity - a small enterprise (with a staff of up to 35 people).
If this is not the main job for a person, but part-time.
And in some other specific situations (see the same article 59).

Features of a fixed-term employment contract

Fixed-term contract form

The start date of work under this agreement is 01/01/2017.

The date of termination of the employment contract is the date of S.P. Ivanova’s return to work.

In other respects, such a contract is similar to an open-ended one.

if the contract term is up to two months, then there cannot be a probationary period, this is illegal;
if the contract period is from two to six months, then the probationary period should not be longer than 14 days.

02.01.2019, 16:37

Labor Relations between employer and employee are based on an employment contract concluded by the parties. To avoid making mistakes when drawing up your own contract, we offer a free download of an employment contract with an employee (sample 2019), developed by our specialists.

In general, the contract is drawn up in any form

Signing an employment contract is one of the stages of employing an employee, and by no means the first. Before signing the contract you need:

claim everything Required documents from the candidate (for more details, see “”);
consent to the processing of personal data (for more details, see “”);
familiarize him with the local acts of the organization (for more details, see “”).

In most cases, an employment contract can be drawn up in any form, provided that it contains all the necessary conditions and information provided for by labor legislation (Chapters 10, 11 of the Labor Code of the Russian Federation).

For your information
Labor relations are an agreement between an employee and an employer (organization or individual entrepreneur) to perform work specified in the contract for payment. During work, the employee is under the management and control of the employer, obeys the internal labor regulations and works in the interests of the employer (Article 15 of the Labor Code of the Russian Federation).

An employment contract must be concluded in writing (Article 67 of the Labor Code of the Russian Federation). You need to prepare two copies: one for the employee, the other for the organization ( individual entrepreneur). On the employer's copy, the employee must sign for receipt of his copy of the employment contract. You will find a sample of filling out an employment contract with an employee 2019 at the end of the article.

In practice, it happens that an employee is allowed to work without drawing up a contract. In such a situation, a written employment contract must be drawn up no later than three working days from the start of the new employee (Article 67 of the Labor Code of the Russian Federation).

Required information

An employment contract with an employee must contain mandatory information (Articles 22, 57, 61,72, 77, 232, 381 of the Labor Code of the Russian Federation):

- - place of work;
  - employee position (according to the staffing table);
  - working conditions in accordance with a special assessment of working conditions or workplace certification;
  - work start date;
  - employee salary ( tariff rate, salary, additional payments, allowances and incentive payments), and information about incentives and allowances may not be indicated by providing a link to local act, which establishes them (clause 1 of the letter of Rostrud dated March 19, 2012 No. 395-6-1);
  - the employee's working hours and rest schedule;
  - validity period and reason for urgency when concluding a fixed-term employment contract (for more details, see “”);
  - employee rights and obligations;
  - rights and obligations of the employer;
  - liability of the parties to the contract;
  - the procedure for terminating the contract and the procedure for making changes to the contract;
  - procedure for resolving labor disputes.

For the convenience of personnel workers, we offer a form of employment contract relevant for 2019.

Employment contract and individual entrepreneur

When concluding an employment contract with an employee, an individual entrepreneur, like employing organizations, is guided by Art. 57 of the Labor Code of the Russian Federation, which determines the content of the employment agreement, but at the same time takes into account the peculiarities of concluding employment contracts established for employers - individuals Ch. 48 Labor Code of the Russian Federation. Therefore, the example we gave of filling out an employment contract may also be useful for an individual entrepreneur who plans to enter into an employment contract with employees.

According to Art. 303 of the Labor Code of the Russian Federation, the employer - individual entrepreneur is obliged to:

- - draw up an employment contract with the employee in writing;
  - pay insurance premiums and other obligatory payments in the manner and amounts determined by federal laws;
  - issue insurance certificates of state pension insurance for persons entering work for the first time.

If you decide to hire employees to your business team, you will need an employment contract. It is like an airbag that will protect you from many controversial situations and allow you to avoid problems with the law. There have never been clear requirements for filling out the document, except for the presence of mandatory details. So it is in 2019, but something has changed - businessmen whose companies fall into the rank of micro-enterprises will be able to use a standard form specially developed for the employment contract of an individual entrepreneur with an employee. For what? To abandon the numerous personnel documentation that it replaces. The article answers the question of how to draw up a regular and standard contract.

Can individual entrepreneurs enter into a TD?

IN labor code it is indicated that both legal entities and individuals can join the list of employers. The latter are divided:

For an individual with the status of an individual entrepreneur;
For individuals without status who enter into contracts with other people who will serve them or perform any work.

According to labor legislation, individual entrepreneurs can enter into an employment contract with an individual entrepreneur. Such a document is drawn up in the standard manner, but in the header of the agreement it should be indicated that both parties have the status of an individual entrepreneur and the details of the relevant certificates.

Model agreement 2019: download form

From 2019, all individual entrepreneurs and organizations that fall under the concept of microenterprises will be able to use a standard form of employment contract. The sample standard form developed for a new employment contract between an individual entrepreneur and an employee has a more comprehensive content that is 99% compliant with all legal standards. And it replaces a whole list of regulations, which some employers will now be able to refuse:

Payment Regulations;
Labor regulations;
Labor safety instructions;
Job descriptions;
Shift schedule.

The innovation is voluntary. That is, micro-enterprises are not obliged to use this particular form of employment contract, and large enterprises are not required to use it. If an individual entrepreneur who does not fall under the microenterprise decides to apply standard contract, he has the right to do so. But he cannot refuse personnel documentation.

It’s customary that if an individual entrepreneur doesn’t know something, he goes to the Federal Tax Service website. And the company's attitude towards microenterprises is no exception. To check what type of enterprise yours belongs to, use the section “Unified Register of Small and Medium-Sized Businesses”.

Your company could be included in the Micro list if it meets the following requirements:

If everything matches up and you decide to use a standard agreement, know that it can be changed. It is not necessary to complete all sections. For example, if working conditions are in no way related to remote work, then the clause about it can simply be deleted.

Types of TD

The entrepreneur has the right to conclude any of the existing contracts with the employee. There are 3 of them in total.

1. Indefinite

It assumes the employment of an individual on a permanent basis, and therefore has no validity period. Typically, this type of document contains social guarantees provided by the employer and the responsibilities of the employee.

2. Urgent

Employers enter into this type of contract for one purpose - to fire an employee immediately after the expiration of its term. They appoint the latter at their own discretion and indicate it in the document. This could be an annual contract or even a monthly one. The maximum period provided for by law is 5 years.. Afterwards, the contract must either be extended or terminated.

According to the Code of the Russian Federation enterprises cannot enter into a fixed-term employment contract without reason, it can only be applied if the individual entrepreneur accepts the employee under the following conditions:

To perform urgent and seasonal work;
To temporarily replace an employee on maternity leave or on sick leave;
For the period of vocational training or internship of an employee.

And also if an employer employs a pensioner (due to restrictions or age), or if a person goes to work for an entrepreneur who employs less than 35 people. The last paragraph of individual entrepreneurs can be used as the basis for drawing up a fixed-term contract with each employee.

Notify the employee about the end labor activity required 3 days before the end of the contract. If it comes to an end, and neither party wants to terminate the relationship, the contract is recognized as valid for an indefinite period.

3. Civil law

This is a contract concluded for one-time work. It does not provide social guarantees, does not provide for employee insurance, and according to it the individual entrepreneur is not obliged to provide tools and workplace. The employee is employed temporarily.

Filling out TD: sample and form

In order for the employment contract concluded between you and the employee to have legal force, you must indicate in it all the required information:

Information about the employee: full name and from passport;
Information about the employer: full name, from passport and TIN;
Date of conclusion;
Start and end of the action (if necessary);
Rights/obligations of the parties to the agreement;
Job title;
Place of work;
Working conditions and availability of compensation for hard (dangerous, harmful) work;
The salary at which the individual entrepreneur will pay wages;
Conditions for paying allowances and bonuses;
Work and rest schedule;
Social guarantees;
Types and conditions of insurance.

The document must be drawn up and signed in two copies.- one will remain with the employer, the second is intended for the employee. In the place of signatures, you must indicate all the data about the individual entrepreneur and the hired individual according to the passport.

In addition to basic information, you can enter additional information, make edits, adjustments. The businessman has the right to determine what to add himself. Sample list additional points:

On non-disclosure of official, commercial and other secrets;
On the mandatory repayment of funds spent by the employer on employee training;
On the conditions and types of additional insurance;
On improving the living conditions of the employee and his family.

In order not to spend a lot of time on registration of each employee, the easiest way is to create a ready-made template that meets your requirements and print it as needed.

List of required documents

When applying, the future employee must provide you with a certain package of documents:

Passport;
SNILS (insurance card);
Military ID (if he is a man of military age);
Documents confirming qualifications;
Work book.

If your company became the employee’s first place of work, you are obliged to provide him with a work book, SNILS. And if you employ a minor, you must request written permission from one of the parents or another official representative.

By mutual agreement of the parties, an employee can work even before concluding an employment contract, but according to Art. 67 of the Labor Code, a businessman is obliged to formalize it in accordance with all points of the law within three days after the start of work.

Registration of an employee in funds

After signing the contract, draw up and sign an order for hiring an employee and collect a package of papers for registration with the Pension Fund and the Social Insurance Fund in order to register as an insured employer. As soon as you become an employer, the countdown begins for 10 days for mandatory registration with the Social Insurance Fund and 30 days with the Pension Fund.

If you decide not to register yourself with the Pension Fund and Social Insurance Fund as an employer, you will be fined. For submitting documents with a delay of 90 days or more, you will be required to pay 10,000 rubles, less than 90 days - 5,000 rubles.

Any employer, including individual entrepreneurs, must pay contributions for each of its employees. The list of payments includes the following payments:

for pension insurance;
for health insurance;
For social insurance.

Plus a businessman earning entrepreneurial activity and who hired the staff is a tax agent and must pay personal income tax. The amount of tax for employees is calculated from total amount all deductions in their favor. This and wage, and allowances, and bonuses, and some types of financial assistance.

Income tax is paid for all individual entrepreneurs. In the general taxation regime, it is mandatory and amounts to 13% of deductions in favor of an individual, but in the simplified taxation system, PSN and UTII it is not necessary to pay it.