We present to your attention the form of a standard employment contract with an employee for 2021. The sample agreement complies with labor legislation for 2021. You can download a free sample employment contract in pdf format, print it and fill out the contract in writing by hand, or in doc or docx format, open it using MS Word, fill out and print the completed employment contract.
An employment contract is one of the most important documents regulating the interaction between an employee and an employer. Therefore, when applying for a new job, an applicant, just like an employer when hiring new employees, needs to know what an employment contract should contain.
This agreement contains the main provisions that are agreed upon when hiring a new employee. An employment contract is regulated by the Labor Code of the Russian Federation and cannot violate the norms established by it. Comes into force upon signing by both parties.
There are two types of agreement:
- Fixed-term – concluded for a period of no more than five years;
- Indefinite - concluded for an indefinite period.
A fixed-term contract must indicate the expiration date and reasons for termination. At the end of the validity period, unless the parties terminate the contract, it becomes indefinite.
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Information for the document
As a rule, hiring an employee is accompanied by the conclusion of an employment contract. All relations related to the conclusion, amendment and termination of an employment contract are regulated by Section 3, Part 3 of the Labor Code of the Russian Federation.
Features of document preparation
- Completed sample lease agreement
- Contents of the agreement
- Contract form
- Probation
- Documents required for concluding an agreement
By type of employer:
1.Concluded with enterprises that are considered legal entities or individual entrepreneurs.
Prisoners with an individual who does not have an individual entrepreneur.
Also, according to the legal status of a citizen, a future employee:
1. Signing with a minor;
2. a document concluded with a citizen performing family responsibilities;
3.Document signed with a foreign resident;
4.A document signed by a person who is not a citizen of any country.
According to working conditions:
1.Normal working environment;
2. The working environment is associated with hazardous production;
3.Work at night;
4.Work in the Far North.
Contents of the agreement
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide work, ensure working conditions and pay it on time, and the employee undertakes to perform the work for which he was hired, observing the rules of the routine established by the employer - Art. 56 Labor Code of the Russian Federation.
The employment contract must necessarily contain the following information:
- Full name of the employee and employer, if the employer is a legal entity, name of the organization.
- Employee passport data – number and date of issue.
- TIN of the organization.
- Data of the person who signed the agreement on behalf of the enterprise, and the documents on the basis of which he is granted the right to sign this document.
- Date and place of conclusion of the contract.
- The place of work must be indicated if hiring is carried out in a branch located in another area.
- The start date of work is indicated only in case of concluding a fixed-term employment contract.
- Remuneration, namely salary according to the tariff schedule, allowances, bonuses and other incentive payments.
- The work and rest schedule must be specified only if it differs from the general rules of the enterprise for which the employee is employed.
- If the working conditions at the enterprise are dangerous or harmful to the health of the employee, then the contract must describe his guarantees and compensation provided for work in dangerous or hazardous production.
- Conditions determined by the nature of the work performed - traveling, mobile, etc.
- Working conditions.
- Conditions for concluding an agreement on compulsory social insurance of an employee.
This information is mandatory, but its absence cannot be grounds for termination of the employment contract. The missing information is included in the contract itself, and the missing conditions are included in the annex to the contract - Art. 57 Labor Code of the Russian Federation.
Dismissal
As noted earlier, the parties are not bound by an employment relationship. Therefore, termination of the agreement can be made in the following cases:
- At the mutual desire of the parties. If the customer and the contractor agree that further execution of the contract will not lead to the desired result, then it would be most advisable to terminate the relationship by signing an additional agreement to the contract;
- Violation of one of the parties' obligations.
The contract defines the deadlines for completing the work (service) and establishes quality requirements. If there is a violation of this condition, the contractor fails to cope with the assigned responsibilities, then the customer has the right to terminate the agreement.
The executor may also act if the other party does not fulfill its obligations. For example, the customer did not transfer the advance payment or did not provide customer-supplied raw materials, although he should have.
Note! The procedure for its termination at the initiative of one of the parties should be specified in the text of the contract.
- Upon execution of the contract, when the work is completed and paid for, the agreement will terminate. The citizen will be considered dismissed, since he is no longer bound by any obligations with the organization.
An employment agreement is used in individual cases when an organization needs to solve a one-time problem that it has not encountered before and will not encounter in the future.
A citizen should not agree to work under such a contract if his work function will be permanent. This will only lead to a reduction in his social guarantees.
Contract form
The employment contract must be concluded in writing and signed in two copies, one of which remains with the employee, and the second is kept by the employer. The issuance of a copy of the agreement is certified by the employee’s signature on a copy of the employer’s agreement.
Important! If the employment contract was not drawn up in writing, but the employee began to perform his duties with the knowledge and permission of the employer, then such an agreement is considered concluded - Art. 67 Labor Code of the Russian Federation.
Why conclude
Any working relationship must be documented. Having a written agreement will protect the parties from violation of their rights and guarantees. A tenancy agreement is no exception.
Pros for the employer:
- A guarantee that the work or service will be completed on time.
- Significant tax savings.
- There is no need to provide social guarantees.
- No need to set up a workplace.
Pros for a mercenary:
- There is no need to follow internal regulations.
- Lack of leadership and superiors (the parties have equal rights).
- Possibility to involve third parties in execution.
- Possibility to combine work with main job.
As a result, the pros are for one side, the cons for the other. However, the document must exist in any case.
Current form
Probation
A probationary period for employment can only be established by agreement of the parties. If the contract does not contain conditions for a probationary period, then the employee is considered hired without a trial - Article 70 of the Labor Code of the Russian Federation.
If an employee was hired without drawing up an employment contract, then the condition of his probation may be established by a separate agreement concluded before the start of work.
During the probationary period, the employee has all the rights provided for by law, regulations, agreements and contracts containing labor law norms.
A probationary period cannot be assigned:
- For minors.
- Pregnant women, as well as women raising a child under the age of one and a half years.
- Persons who have passed the competition to fill the relevant position.
- For persons who have received higher education under state programs and are getting a job for the first time - within 1 year after receiving their diploma.
- Employees who received a transfer job that was agreed upon with the management of the organization.
- Employees of elected office.
- Employees who have entered into an agreement for a period of no more than 2 months.
The probationary period for ordinary employees cannot be set for more than 3 months. For managers, chief accountants and their deputies, as well as heads of branches and representative offices, the maximum probationary period is 6 months.
If the term of the employment contract does not exceed six months, then the probationary period cannot exceed 2 weeks. The probationary period does not include the period the employee is on sick leave, as well as the period of his absence from work.
Working without a work book
If a citizen is hired under an employment agreement, no entry is made in the work book.
Employment under an employment agreement is counted towards the length of service and affects the size of the pension, since deductions are made from earnings to the Pension Fund.
If a citizen wants to confirm in future employment that he was employed under a contract or paid services for a certain period of time, then he can present the employer with the agreement itself and the acceptance certificate.
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Comments on the document “Sample Employment Contract”
Reply 0
| 5 Murat | 03/30/2014 at 14:28:21 no comments |
Reply 0
| hope | 05/07/2014 at 07:33:06 How should a private person draw up an agreement? |
Reply 0
| 5 Lyudmila | 05/20/2014 at 06:46:57 no comments. Really helped |
Reply 0
| Almira | 07/02/2014 at 11:59:00 Hello! Please tell me what to do if an employee was hired for a period of 1 year, but at the end of the period the employment contract was not renewed? How to properly leave an employee at work? |
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| 5 Elena | 07/20/2014 at 17:36:55 If the employer has not given a copy of the employment contract and refuses to give it. What to do? Upon dismissal, where should the employment contract remain? |
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| 5 Catherine | 10/06/2014 at 11:37:03 reply to Almira If an employee’s employment contract has expired and has not been terminated, the contract is renewed automatically in accordance with the Labor Code of the Russian Federation |
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| 5 Irina | 10.10.2014 at 14:00:34 It helped a lot, because... it's my first time. Thank you |
Reply 0
| Irina | 10/23/2014 at 11:45:04 pm Where can I find the same one only filled out? |
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| Olga | 10/25/2014 at 10:06:12 Thank you for the sample employment contract! You helped out a lot. |
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| 1 Pivankov Edgar Andreevich | 03.11.2014 at 13:29:26 And if they didn’t let me sign the contract, what next>>> |
Personal message | Reply 0
| Chechetkina Ksenia Vladimirovna Status: Lawyer rating 12185 | 03.11.2014 at 18:13:07 reply to Pivankov Edgar Andreevich Good evening, Edgar Andreevich. If you were not allowed to sign an employment contract and you started work, then the employer is obliged to draw up an employment contract within 3 days. If this has not been done, contact your employer or the labor inspectorate, as this is a violation of the law.
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| Denis | 11/11/2014 at 18:55:11 Thank you. |
Reply 0
| Tatiana City | 11/21/2014 at 10:45:25 the contract does not stipulate working conditions at the workplace and the conditions of compulsory medical insurance |
Personal message | Reply 0
| Anatoly Status: Client | 01/13/2015 at 05:01:40 Should a collective agreement be attached to this agreement? |
Reply 0
| 5 Alina | 02/03/2015 at 14:58:16 Helped me a lot |
Personal message | Reply 0
| Alla Status: Client | 02/04/2015 at 15:07:56 The general director draws up an employment contract with himself, and if so, does he sign it on both sides? |
Personal message | Reply 0
| Alla Status: Client | 02/04/2015 at 15:14:48 Is an employment contract drawn up for the general director? If yes, who signs it? |
Reply 0
| 5 Irina L. | 04/07/2015 at 07:37:13 Real help... |
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| nurlykhan | 05/13/2015 at 13:44:35 I came from U3Bek, they told me I need an employment contract, what should I do? |
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| Love | 05/28/2015 at 23:28:47 reply to Denis Working conditions are not specified: optimal, acceptable, harmful, dangerous, according to the special work carried out. assessment of working conditions. And also the dates for payment of wages for the first and second half of the working month are not specified; the salary must also be written in numbers, and incentive bonuses in accordance with the regulations on wages or bonuses. It is also important to state that wages are paid to the employee’s bank card. These comments are very significant for inspectors from the labor inspectorate. |
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| Dmitriy | 02.06.2015 at 13:47:21 Heresy. Soap 200 gr. even that is not there. 130 t.r. a fine when checking the State Tax Inspectorate is guaranteed... Order of the Ministry of Health and Social Development of the Russian Federation No. 1122n dated December 17, 2010 “ON THE APPROVAL OF MODEL STANDARDS FOR THE FREE ISSUANCE OF WASHING AND (OR) NONHARMFUL PRODUCTS TO WORKERS AND THE LABOR SAFETY STANDARD \" PROVIDING WORKERS WITH WASHING AND (AND) OR) DISHARMING AGENTS" |
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| Dmitriy | 06/02/2015 at 13:49:45 reply to Alla Meeting of shareholders or founder |
Reply 0
| Roma | 06/17/2015 at 21:43:48 you are great helpers!!! |
Reply 0
| Svetlana | 07/09/2015 at 04:43:52 Thank you! rating 5! |
Reply 0
| 5 liana | 08/05/2015 at 19:03:28 Thank you, very detailed. Useful)))) |
Reply 0
| Olga | 08/12/2015 at 16:10:04 Thank you. The sample agreement was helpful. |
Personal message | Reply 0
| Elena Status: Client | 10/14/2015 at 20:21:24 In general, the agreement was useful to me. There are just a number of nuances that I would like to clarify. If I have an MP and don’t have a Charter, then what should I write - acting on the basis of what? If there is no job description, is it possible to write what was agreed upon when applying for a job? what is PSS - at the end of the contract? |
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| 5 Svetlana | 11/22/2015 at 14:08:20 Thank you very much, very useful and accessible information |
Reply 0
| Oleg | 01/26/2016 at 06:23:06 Under this clause 1.5. This agreement is concluded for an indefinite period. And if it is written that the contract is urgent. And the contract has expired. Are any additional agreements needed? and Continuation of the contract? |
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| 5 Valentina | 02/16/2016 at 08:34:35 the contract is specific and businesslike. |
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| Irina Gennadievna | 02/29/2016 at 14:05:12 If you adjust it to suit yourself, then it’s a completely normal contract blank, thank you |
Reply 0
| Olga | 03/04/2016 at 08:03:29 Is the contract valid if it does not contain the employee’s passport data? |
Reply 0
| 4 Elena | 03/17/2016 at 09:58:22 The agreement turned out to be useful and helped a lot in drawing up an employment contract with our employee |
Reply 0
| 4 Olga | 03/29/2016 at 14:17:50 Simple and clear |
Reply 0
| ural | 04/02/2016 at 18:12:39 no comment, good deal |
Reply 0
| 5 Elena | 04/19/2016 at 15:09:52 Thank you. Helped a lot. |
Reply 0
| 5 Albina | 05/30/2016 at 12:06:25 Very useful, thanks |
Reply 0
| Vladimir | 06/28/2016 at 08:46:01 thank you for your help |
Reply 0
| 4 Alexei | 08/27/2016 at 10:47:18 Thanks for the sample. They helped a lot. |
Reply 0
| Artem | 10/03/2016 at 10:32:51 A very useful agreement! You just need to add a confidentiality agreement to it. |
Reply 0
| 5 Alexander | 10/27/2016 at 20:58:18 Should the contract be certified by a seal? |
Reply 0
| 5 Liviza | 04.11.2016 at 12:12:25 Very well stated. Thank you he helped me... |
Reply 0
| ghoul | 01/11/2017 at 08:09:07 reply to Elena If the employer has not given a copy of the employment contract and refuses to give it. What to do? if the terms of the employment contract are violated |
Reply 0
| ghoul | 01/11/2017 at 08:16:10 reply to Elena The employee is not given a copy of the employment contract, but the original, i.e. 2nd copy of the employment contract. |
Reply 0
| bokeh | 01/30/2017 at 13:32:31 Very helpful, thanks |
Reply 0
| 5 Sergey | 02/17/2017 at 10:02:09 exactly what is needed! Thank you |
Reply 0
| 5 faith | 05/21/2017 at 20:57:52 They really helped a lot |
Reply 0
| Tamil | 07/26/2017 at 22:37:58 Thank you for the agreement, it was very helpful. |
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| 5 Irina | 02/02/2018 at 11:56:02 I looked for information on several sites and found it on yours. Thanks a lot. |
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| 5 Irina | 02/25/2018 at 08:33:56 Good afternoon. Is it correct what they write in the TD: for systematic violation of labor rules, the Employer has the right to unilaterally dismiss an employee without pay? |
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| 3 Konstantin | 07/26/2018 at 06:37:45 not specified in paragraph 3 (Wages) Salary!!! -What salary is set for the employee? -On what days approximately will payments be made? -where the salary is transferred to what card number!! |
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| Marina | 08/08/2018 at 11:14:58 Good afternoon. In the sample employment contract on your page, the order is as follows: 1 General provisions, 2. Obligations of the parties. 3, Remuneration, etc. When I made such an agreement, I was told that payment should come before the responsibilities. Is the sequence important? And how is it correct? Thank you |
Reply 0
| Idris | 03/10/2019 at 19:58:12 I don't need an employment contract to renew my patent |
Reply 0
| Oleg | 03/18/2019 at 10:39:19 When hired as a cashier in a commercial store, after filling out the application form, within how many days must they be provided with an employment contract? |
Reply 0
| 5 Sasha | 06/19/2019 at 15:55:01 Thank you, it helped a lot! |
Reply 0
| Elena Georgievna | 12/10/2019 at 19:01:55 thank you, everything was very useful |
Reply 0
| Vitaly Tomilov | 02/05/2020 at 21:36:09 Thank you for the well-written draft agreement |
Reply 0
| Anastasia | 04/05/2020 at 02:45:04 The contract complies! Thank you very much!!!!!! |
Reply 0
| 5 Andrey | 06/18/2020 at 15:46:48 Yes thank you! The information is very useful. |
Reply 0
| Anatoly | 10/13/2020 at 13:36:38 what kind of employment contract can be concluded for a period of 3 years, without the right of termination. |
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The difference between labor relations and a civil contract
There are 4 distinctive features of an employment contract that distinguish it from a civil contract:
- Performance by the employee of a labor function. The employee must perform all actions and tasks personally (excluding any types of representation) and in a manner consistent with the staffing schedule and working conditions established by the employer.
- Submission to internal regulations. The employee is obliged to act in the interests of the employer, obey superior management and internal regulations.
- Ensuring working conditions. Each employer is obliged to provide appropriate working conditions provided for by the labor code. The workplace must comply with hygiene rules, be safe, comfortable and have the necessary set of tools. The employee has the right to days off, paid and maternity leave, as well as sick leave.
- Payment of decent wages not lower than the minimum wage. An employee has the right to decent pay, which will not be lower than the minimum wage (minimum wage). In this case, it is not the result that is subject to payment, but the process of fulfilling the employee’s obligations (this is, perhaps, the main difference between labor relations and civil law).
