Sample employment contract 2021 and 2021

A standard employment contract for microenterprises is a special form of employment contract, which is approved at the government level. In the article we will talk about the features of such an employment contract: what it is, which companies are allowed to enter into them, how to fill it out, what are the advantages and disadvantages, and whether this will really help reduce the burden on SMEs - administrative and documentary.

Since January 1, 2017, a standard form of employment contract with a micro-enterprise employee has appeared in Russia. Its form and procedure for registration are approved by Government Decree No. 858 dated August 27, 2016. This standard form is notable, first of all, for the fact that microenterprises can replace all personnel documents with it. This is provided for by the norms of Federal Law dated July 3, 2016 No. 348-FZ. There is no need to write hiring and dismissal orders; you don’t have to develop various forms for personnel, but replace them with just one form of employment contract developed by officials. How convenient is this?

What is an employment contract and why is it needed?

An employment contract is the main document on the basis of which the relationship between an employee and an employer is built.
As stated in the article of the Labor Code of the Russian Federation, within the framework of an employment contract, the employer assumes the responsibility to provide the employee with work, ensure safe working conditions, and also pay wages on time and in full. The employee, in turn, must personally perform a labor function under the management and control of the employer, as well as comply with internal labor regulations. Draw up regulations on remuneration and internal labor regulations using ready-made templates

An employment contract should be drawn up with each employee before he starts work (Article of the Labor Code of the Russian Federation). An article of the Labor Code of the Russian Federation prohibits requiring work to be performed that is not specified in the employment contract. This means that until the signing of a document that will reflect the type of work (position, specialty, job function) and the amount of payment, the employer, in principle, cannot demand anything from the employee.

ATTENTION

Involving employees in work without drawing up written employment contracts with them entails administrative liability. Penalties are: for individual entrepreneurs - from 5,000 to 10,000 rubles, for organizations - from 50,000 to 100,000 rubles (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

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Why contact a lawyer

The conditions described above, which must be met both when concluding and terminating an employment contract, represent only an approximate list of what a well-drafted employment contract should contain, but do not take into account the peculiarities of the labor activities of certain categories of employees.

Therefore, when concluding an employment contract in other cases, you should seek the help of an experienced labor relations lawyer in order to avoid future litigation with the employer. It is also important for an organization, like an ordinary citizen, to seek qualified assistance in drawing up an employment contract in order to avoid bringing the company to administrative liability and litigation regarding labor disputes.

Our lawyers have extensive and successful practice in both drafting employment contracts and protecting the interests of employers and employees, and will help you resolve the problem that has arisen in a short time, regardless of whether you live in Moscow or another region of Russia.

Open-ended and fixed-term employment contract

Typically, an employment contract is concluded for an indefinite period. However, in some situations you can set the duration of its effect. An exhaustive list of such cases is given in the article of the Labor Code of the Russian Federation.

This list is divided into two parts. The first mentions situations where a fixed-term employment contract can be concluded at the initiative of the employer. For example, to replace an absent employee or to perform temporary (for up to two months) work. In such circumstances, the organization has the right to immediately indicate that the agreement is temporary. If the candidate does not agree with this condition, this may be grounds for refusal of employment.

The second part of the list consists of cases when a term clause is included in the contract only by agreement of the parties. Examples: employment of managers, old-age pensioners, part-time workers. In such situations, you can only offer the employee to formalize a temporary employment relationship. If he does not agree, it is impossible to refuse to conclude an open-ended contract.

IMPORTANT

A term clause can be included in an employment contract only if it is expressly permitted by the Labor Code of the Russian Federation. In this case, the text of the contract must necessarily indicate the circumstances (reasons) that served as the basis for concluding the contract for a certain period in accordance with the article of the Labor Code of the Russian Federation.

For more details, see: “Fixed-term employment contract: instructions for use” and “Fixed-term employment contract: how to extend it, renew it or terminate it.”

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Unified form No. TD-1 - when is it applied?

There is no single form of employment contract, because It is impossible to come up with the perfect sample for all occasions. Chief accountant, blacksmith, cook, system administrator - each position brings its own characteristics to the employment contract. For example, only in an employment contract can one provide for the working hours (for some professions with hazardous working conditions, a shortened working day is provided), the duration of vacation (for some categories, not only basic but also additional vacations are established), as well as various types of compensation and guarantees.

But you can make the registration process easier. For this purpose, there is a unified form of an employment contract (form TD-1) - it can serve as the basis for drawing up various employment contracts, since it contains general (standard) conditions provided for by law. The unified form TD-1 is available on our website.

Documents for drawing up an employment contract

Before concluding an employment contract, the employee must present the following set of documents (Part 1 of Article of the Labor Code of the Russian Federation):

general passport;
work book, if the applicant has previously worked. There are three exceptions. The first is that the employee switched to an electronic work book (see: “Electronic work books: what employers should do in 2021”). In this case, information about labor activity is provided in the form STD-R or STD-PFR (Part 3 of Article 66.1 of the Labor Code of the Russian Federation). The second is that a person is hired part-time. In this case, a work book (information) is not required at all (Article 283 of the Labor Code of the Russian Federation). And the third situation is that the employee lost or damaged the previously issued work book, but did not switch to the electronic version (Part 5 of Article of the Labor Code of the Russian Federation). In this case, it is recommended to take a corresponding application from him;

Prepare all documents for the transition to electronic work books

document on registration in the individual (personalized) accounting system. Such a document can be either a SNILS card (issued before 04/01/2019), or a notification of registration in this system in the form of an electronic document or on paper (Resolution of the Pension Fund Board dated 06/13/19 No. 335p; see: “The form of the document that replaced SNILS plastic card"). An exception is made for persons who have not previously worked and are not registered in the Pension Fund system. The employer must register them after concluding an employment contract;
military registration documents (provided by those liable for military service and persons subject to conscription for military service);

Prepare personnel reports for the military registration and enlistment office and other regulatory authorities

document on education, qualifications or special knowledge (provided upon applying for a job that requires special knowledge or special training).

Sometimes additional documents may be required. For example, if an employee is hired for a position to which persons who have or have had a criminal record or have been subject to criminal prosecution cannot be admitted. In this case, a certificate of absence of criminal record or the fact of criminal prosecution (termination of such on rehabilitative grounds) is required.

Categories

On the website Onlineinspektsiya.rf, an employment contract form is available for download, which the department offers to use in organizations. Let's see what the department offers us and comment on some features that employers need to keep in mind.

You can find this form of an employment contract on the website https://onlineinspektsiya.rf/documents/one/8 in the heading “Documents for hiring an employee” (subsection “Mandatory (form not approved)”).

Let us immediately emphasize that this is not a unified, not a standard, but simply some kind of “approximate form”. It is not part of any regulatory document, and even its advisory nature is very relative, since it is not an integral part of any by-law enforcement act. This form is simply posted on the website created by Rostrud, along with many other forms. Its author is unknown, and in any case he has not been officially declared.

The inscription that appears in front of the form: “The document is mandatory for use in accordance with Part 1 and Part 3 of Art. 67 Labor Code of the Russian Federation, Art. 309.2 Labor Code of the Russian Federation. Drawed up by the employer and the employee,” speaks only of the binding nature of the document as such, that is, the employment contract , but not of this form. Therefore, each personnel officer has the right to decide whether to use the form offered on the site, use its fragments, or ignore it completely.

In general, the form seems to us to be insufficiently developed. However, we still believe it would be useful to study it and, perhaps, adopt some of its elements.

1 the document that is mandatory , and not the form of this document proposed by Rostrud.

2 Like any contract, an employment contract establishes the free voluntary expression of will of equal parties.

3 The form is just approximate . A standard or unified form of an employment contract is unacceptable, since a mandatory form of contract would infringe on the freedom of expression of the parties to the contract. We consider it necessary to note that the term “form” implies the possibility of conveniently filling it out. However, this “form” is not made technologically, and therefore is inconvenient for direct work with it.

4 Only this title of the document is used, even if it is drawn up in the form of an effective contract.

5 Registration and, therefore, a registration number is not a mandatory requirement of an employment contract, since there is no such requirement in labor legislation. However, in our opinion, registration of employment contracts is necessary from an organizational and technological point of view.

By the way, the “registration number” requisite was not made by Rostrud in accordance with GOST R 7.0.97-2016 “National Standard of the Russian Federation. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Requirements for the preparation of documents" (approved by Order of Rosstandart dated December 8, 2016 No. 2004-st; hereinafter referred to as GOST R 7.0.97-2016), according to which the details are located on the same line with the date, to the right of it. However, GOST is not a normative document and is advisory in nature, therefore there is no violation in this arrangement of the number.

6 In Part 1 of Art. 57 of the Labor Code of the Russian Federation, this detail is called “place of conclusion of the employment contract.” The locality in which the workplace of the signatory on the employer’s side is located is indicated.

7 In Part 1 of Art. 57 of the Labor Code of the Russian Federation, this detail is called “date of conclusion of the employment contract.” It can be issued either verbally-numerically (as in this example) or digitally (for example, “01/01/2000”, without the letter “g.” after the date). According to GOST R 7.0.97-2016, the “date” attribute is located at the left margin of the document.

8 If the employer is an individual entrepreneur, his surname and full name and patronymic are indicated (Part 1 of Article 57 of the Labor Code of the Russian Federation).

9 The position and full name of the signatory is “information about the representative of the employer who signed the employment contract” (Part 1 of Article 57 of the Labor Code of the Russian Federation). Here you can indicate initials, since the Labor Code of the Russian Federation does not require writing exactly “name, patronymic”.

We emphasize that the employment contract must be signed by exactly this person, stated here in the preamble of the contract (the preamble is the introductory part of the contract, preceding the description of its terms).

If the contract is affixed with the personal signature (autograph) of another official (with a slash “/” or the clause “for”, “deputy”, “acting”, “acting”, etc.), the contract will be considered unsigned by the declared signatory, that is, not signed by the employer. Consequently, the employer faces administrative penalties on the basis of Part 4 of Art. 5.27 of the Code of the Russian Federation on Administrative Offenses for evading the execution of an employment contract in the form of a fine in the amount of 10,000–20,000 rubles. per official and/or 50,000–100,000 rubles. to a legal entity.

10 The normative name of the party, there should not be another.

11 Part 1 art. 57 of the Labor Code of the Russian Federation states: “the basis by which he [the signatory - approx. author] is endowed with appropriate powers.” The head of the organization acts on the basis of the charter or regulations. Another official may be given the right to sign either by a power of attorney, or an order, or an employment contract, or a job description or other local regulatory act of the employer - these documents are indicated with their dates and, if available, numbers.

12 Completely unnecessary traditional clause.

13 The normative name of the party, there should not be another.

14 Completely unnecessary traditional clause.

15 The colon here does not follow the rules of punctuation. You should put an end to it.

16 It is not necessary to split the employment contract into sections.

17 Mandatory condition of the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation). In our opinion, the wording is too verbose, and also duplicates the provisions of the Labor Code of the Russian Federation, which is not necessary. In our opinion, it is quite enough to write: “The employee is hired for a position / profession” and indicate the position, profession, specialty, qualifications.

18 Mandatory condition of the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation). The name and location of the structural unit must be indicated only if the employee is accepted into a structural unit that is, firstly, separate, and secondly, located in another area.

In other cases, the structural unit, its location and workplace is an optional condition for clarifying the place of work.

Please note that the Labor Code of the Russian Federation requires that the location of such a unit be indicated. According to Art. 54 of the Civil Code of the Russian Federation, the legal concepts of location and address are not identical.

19 Excessive wording, because it cannot be otherwise, which means there is no need to write about it.

20 Starting with the word “established,” the wording is redundant, since it does not carry a semantic load due to the fact that it cannot be otherwise.

21 The meaning of highlighting the names of the parties in bold is not very clear.

22 Mandatory condition of the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation).

23 Mandatory condition of the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation). The reasons for putting the date in bold are not clear.

24 The condition for part-time work is mandatory (Article 282 of the Labor Code of the Russian Federation). The fact that the work is core may be indicated on an optional basis.

25 The fact that the employment contract is concluded for an indefinite period is indicated on an optional basis. In the case of concluding a fixed-term employment contract, its duration and the basis (reason) for its conclusion must be indicated. A hint that the reason should be indicated in accordance with Art. 59 of the Labor Code of the Russian Federation, is correct and convenient for beginner personnel officers.

26 Here you should indicate the employee’s working hours, that is, the number of working hours per week.

27 These options already relate to the working hours regime, which, as a general rule, is established by the internal labor regulations (ILR) and only for employees whose regime differs from the established ILR - by an employment contract (Article 100 and Part 2 of Article 57 of the Labor Code RF).

28 In fact, the previous paragraph is duplicated.

29 This point cannot in any way be considered the subject of an agreement between the parties - this is a norm of the Labor Code of the Russian Federation (Article 100 of the Labor Code of the Russian Federation).

30 This condition is indeed both mandatory (Article 100, Part 2 of Article 57 of the Labor Code of the Russian Federation) and necessary.

31 There are two more options for the nature of the work, which must be specified in the employment contract: “in the field” and “expeditionary” (Article 168.1 of the Labor Code of the Russian Federation).

Contents of the employment contract

The list of conditions that must be included in the employment contract is given in the article of the Labor Code of the Russian Federation. In particular, this is information about the employee and the employer (including his TIN), as well as about the person who will sign the contract on behalf of the employer. The place of work, job function, payment conditions, working hours, etc. must also be indicated.

In some cases, the employment contract must include information not mentioned in the article of the Labor Code of the Russian Federation. For example, in an agreement with a foreigner temporarily staying in the Russian Federation, it is necessary to add a clause on the grounds for providing him with medical care (including entering data on the VHI policy). This is the requirement of Part 2 of Article 327.2 of the Labor Code of the Russian Federation. For more information about the employment of foreigners, see “Hiring foreign citizens in 2021: step-by-step instructions.”

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Making an entry in the work book

The employer is required to maintain work records for each of its employees if they have worked in the organization for more than five days. The only exceptions are part-time workers.

Note

: data on the conclusion of a civil contract is not entered into the work book.

General rules for filling out a work book

When filling out a work book, the following rules must be observed:

information is entered in accordance with the employment order;
data is entered only by the employer or his official authorized to do so by the relevant order;
information is entered with a fountain pen, gel pen or ballpoint pen in black, blue or purple;
filling out the book begins with column 3, in which you must indicate the full and abbreviated name of the organization. Instead, it is permissible to put a stamp indicating the name. If an employee is accepted into a branch, the name of the parent organization is indicated;
after column 3, column 1 is filled in, which indicates the serial number of the entry. When making an entry, the order of continuous numbering must be observed. That is, if the previous entry was number 8, the next one will be number 9;
in column 2 you must indicate the start date of work in accordance with the order. Information is entered in Arabic numerals;
in column 3 (opposite the start date of work) it is necessary to indicate the position, specialty or profession, indicating the qualifications for which the employee was hired and the name of the department in which he will work;
Column 4 indicates the date and number of the employment order;

Additional terms of the employment contract

The parties determine their list independently. At the same time, it is imperative that additional conditions do not worsen the employee’s situation in comparison with what is determined by labor legislation.

Most often, the contract additionally includes data specifying the place of work - the structural unit of the organization, a specific mechanism and its location, a workplace (address, office, etc.)

You can also include a probationary period clause in your employment contract. Let us remember that, as a general rule, it should not exceed three months. A test of up to six months can be established only for the head of the organization and his deputies, the chief accountant and his deputies, the head of a separate structural unit (Article of the Labor Code of the Russian Federation). But the minimum period of probation is not established by law.

IMPORTANT

There are categories of employees for whom it is prohibited to introduce a probationary period when hiring:

pregnant women and women with children under the age of one and a half years;
persons under the age of 18;
persons who have received secondary vocational education or higher education in state-accredited educational programs and are entering work in their specialty for the first time within one year from the date of receiving education at the appropriate level;
persons elected to an elective position for paid work;
persons invited to work by way of transfer from another employer as agreed between employers;
persons entering into an employment contract for a period of up to two months.
persons who have successfully completed an apprenticeship, in the event of concluding an employment contract with the employer under the contract with whom they were trained. Note that in the employment contract you can additionally stipulate a condition regarding the person’s obligation to work for at least a certain period of time after training paid for by the employer.

In addition, the employment contract can include a condition on non-disclosure of official (commercial) trade secrets and personal data of employees; on the types and conditions of additional insurance and non-state pension provision, as well as other guarantees provided to the employee.

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At what age to enter into

As a general rule, an employer enters into an employment contract with an employee who has reached the age of 16.

There are exceptions to this rule. It is possible to conclude a TD:

from the age of 15, provided that an employee with a general education is hired to perform light work that will not harm his health. It is concluded with persons of this age if they left the educational organization without receiving basic general education and continue their education in a different form, but without prejudice to the mastery of the training program;
from the age of 14 to perform light labor with the consent of parents (guardians), given in writing. The condition must be met that the work in which the teenager is involved does not harm his health. If the child continues to study, work does not interfere with the assimilation of the curriculum and cause harm to his health;
until the employee reaches the age of 14 years in institutions of the arts with the consent of at least one parent and with permission from the guardianship authorities. A child has the right to participate in the creation of works that do not harm his health. This type of document is signed by the parent (guardian).

How to draw up an employment contract

Only written form is acceptable. The document is drawn up in two copies, each of which is signed by both parties (Article of the Labor Code of the Russian Federation). One is given to the employee, and the second (kept by the employer) must bear the employee’s signature confirming that he received his copy. This is where the mandatory requirements for the procedure for drawing up an employment contract end. All other points are optional.

In particular, the legislation does not contain an obligation to number employment contracts. Therefore, if the employer does not consider it necessary, he may not assign them numbers.

But if the number of employees is significant, numbering is advisable, as it will help organize documents and ensure their quick identification. The employer has the right to independently develop a numbering system. Or you can use the method given in the letter of Rostrud dated 08/09/07 No. 3045-6-0: the contract number consists of its serial number and numbers indicating the month and (or) year of its conclusion.

REFERENCE

The law does not require an employment contract to be certified with the employer’s seal. This means that even if an organization has a seal, the absence of its imprint on an employment contract is not an error. Nor will it be a violation to certify the contract with the employer’s seal.

Model employment contract for micro-enterprises: advantages and disadvantages