Трудоустройство на официальной основе требует от employers entering into a potential employment contract with potential employees. It acts as a formal agreement, on the basis of which relations between the two parties are governed. It should be formed in the correct form, and also necessarily contains numerous important information about the company and its employee. Every employer must know what the procedure for concluding an employment contract is, how it is correctly drawn up and what data it includes.
Concept of contract
When applying for a job, any person is required to officially confirm this process. For this, an employment contract is compiled.
It contains the rights and obligations that are vested in both firms and their employees. Lists the working conditions of specialists, as well as other relevant information.
What is contained in the contract?
According to art. 57 of the Labor Code, the following data is necessarily included in this agreement:
- the name of the position of the specialist, on the basis of which he is vested with specific labor functions;
- given the place of work of the citizen;
- lists the conditions in which the activity will be performed by a specialist;
- describes the mode of labor;
- indicates whether a trial period is required;
- provides information about the employee’s salary, as well as the time during which these funds are paid;
- the date of commencement of work is entered, and if this information is missing, then under Art. 61 TC starts work from the day following the day the contract is signed.
Допускается вносить в этот документ другие relevant information. According to art. 68 of the Labor Code, namely the data contained in this document, are the basis for the formation of an order intended for hiring a specialist. Therefore, employers should be well versed in the conditions and procedure for concluding an employment contract.
Contract form
This agreement is made exclusively inwriting on the basis of art. 67 TC. The general procedure for concluding an employment contract takes into account some important points for both parties involved in signing it. These include:
- each party is given its own copy of the document, and they must have the necessary signatures on them;
- according to art. 309.2 TC, small enterprises, represented by different cooperatives or individual entrepreneurs, can use the standard form of this document, which is approved by PP number 858;
- если по разным причинам требуется работнику сразу begin their work duties, so there is still no properly drawn up and signed contract, then the employer is given only three days to properly hire a citizen.
If the procedure for concluding a written labor contract is violated, this is the basis for bringing the violator, represented by the employer, to administrative responsibility.
What documents are required?
For the conclusion of this agreement is required to prepare a citizen who wants to get a job, certain documentation. It is listed in Art. 65 TC. This includes:
- a passport, and it is allowed to replace it with a driver's license or other papers with the help of which an identity card is provided;
- employment record, and it may not be presented if the person is looking for work for the first time or it is assumed that he will work part-time;
- SNILS;
- men who apply for a job must prepare a military ID;
- документы, подтверждающие наличие у a potential employee of a certain education or specialized skills, and they can be represented not only diplomas, but also different certificates or other similar papers;
- a certificate that indicates the presence or absence of a criminal record, but employers may require this document only in cases established by law.
Allowed to supplement this list with other documents. Often, if the applicant does not agree to the preparation of certain documentation, then he is denied employment.
What documents are needed to work in a budget institution?
The procedure for concluding an employment contract with a privatethe employer or when applying for public service may differ slightly, although actions are performed according to a general principle. If a person plans to work in a public institution, then in addition to the above documents, other documentation is required. This includes:
- a certificate stating that the citizen was not held accountable for taking drugs or psychotropic drugs;
- INN;
- certificate of the presence of different property;
- a properly completed questionnaire, which is represented by a special application, on the basis of which a person enters the service.
Employers may ask the applicant to prepare other papers, but the law does not stipulate the need for other documents.
Requirements for applicants
The conditions and procedure for concluding an employment contract suggest that this document may be drawn up with applicants who meet certain requirements. These include:
- according to art. 63 of the Labor Code, it is allowed to enter into this agreement exclusively with citizens older than 16 years;
- It is not allowed to provide work in difficult and specific conditions to women, minors and government employees;
- people who have a criminal record, on the basis of Art. 331 and 351 TCs may not be allowed to work in certain positions.
All these facts should be verified by potential employers before employment of a specific applicant.
How is the contract?
The general procedure for entering into an employment contract is simple and straightforward. For this, sequential actions are implemented:
- Inviting a specialist to work. It is usually represented by ads, and there may also be an official invitation from a particular professional.
- Interviewing. During this process, the employer identifies the necessary information about the potential employee. These include experience in a particular field, existing skills and knowledge.
- Preparation of the necessary documentation.The specialist prepares a package of documents requested by the employer. On the basis of these papers, all received information about a citizen is verified during the interview process.
- Происходит проверка документов.The employer must ensure that all information is correct and that the paper is authentic. If there are discrepancies in the verbal data and the specified information in the documents, the businessman refuses to employ the citizen.
- All working conditions are agreed. It discusses the optimal mode of activity, the appropriate salary and the functions that will be given to the new employee.
- Under the painting a citizen gets acquainted with the internal schedule and collective agreement of the company. He is submitted to the study of job description, which he must follow while working in the company.
- Если гражданин проходит собеседование и meets the requirements of the employer, then the contract is made. In this case, the correct procedure for concluding an employment contract must be observed. Employment must be carried out on the basis of art. 67 TC. The agreement is made exclusively in writing, and the information in it should not violate the law.
- The parties check the document to ensure that it contains the necessary data, and there are no discrepancies. Only after that there is a signing.
If the relevant grounds and the procedure for concluding an employment contract are complied with, the employer will not be held administratively liable for possible violations in this contract.
Usually, the specific validity of this document is not set, therefore it is prepared for an indefinite period.
Types of contracts
There are different types of employment contracts.The procedure for concluding an employment contract takes into account for how long this agreement is made. Most often, the period of its validity is not indicated, therefore employment is expected for an indefinite period of time.
In some situations that are listed in Art. 59 TC, it is allowed to enter into the urgent agreement. Its validity period shall not exceed 5 years.
According to art. 58 of the Labor Code, it is allowed to reissue the futures contract into a valid contract for an indefinite period.
Drawing up an order
The procedure for concluding an employment contract implies the mandatory issuance of an order for hiring a specialist. It may be replaced by a special order.
The order is the primary documentemerging on each specialist who is hired. With this document it is necessary to familiarize the employee under the signature, and within three days after the issuance of the order.
Further, the personnel department prepares other necessary documents to which the personal card relates, and also makes an entry in the workbook.
What guarantees are given to the employee?
The procedure for the conclusion and content of laborContracts are governed by numerous articles of the Labor Code. This takes into account that the formation of this document under Art. 64 TC is accompanied by the provision of certain guarantees to employees. These include:
- refusal on the part of the employer to execute an agreement without valid reasons is not allowed;
- refusal of employment is not allowed if a woman becomes pregnant or has children under three years old;
- if the specialist is transferred by written agreement, the contract must be made within 1 month after the specialist was dismissed from his previous work;
- if the employer refuses the job seeker, the citizen may submit a written request in order to receive a written justification for making such a decision;
- refusal of employment is allowed to appeal to the court.
Thus, the need for the Labor Code to form and sign an employment contract gives guarantees to citizens that their rights will be respected by different owners of companies.
Who can be contracted?
The procedure for concluding an employment contract withemployees are considered the same, regardless of experience, professionalism, and citizen of the chosen position. It is possible to make a document only with adult citizens, but for light types of work it is possible to employ teenagers from 16 years of age.
Some jobs can not be issued to women or people with a criminal record.
The nuances of changing or terminating the contract
Every employer must understand in orderthe conclusion and amendment of the employment contract. The TC describes all the conditions and requirements that must be met for this. Usually, the employer does not have the opportunity to independently make adjustments to the document, so you have to get permission and consent from the trade union and the employee himself.
Significant changes are made only after the adjustment of the collective agreement and other internal acts of the company. If conditions deteriorate, then you need to consent from a specialist.
Termination of the contract may be byinitiative of the employer or employee. If the manager himself wants to dismiss a specialist, then he must have a strong reason, for example, a violation of discipline, failure to perform work duties, a mismatch of knowledge and skills of a citizen of a position or the identification of theft. All these facts and violations must be confirmed by official documents.
In the event of an unreasonable termination of a contract, a citizen may apply to the court to challenge such a decision and collect funds from the former employer in the form of compensation for moral harm.
Nuances of concluding a contract with a foreigner
If it is required to employ a foreign specialist in a firm, then permission should be obtained from the FMS.
Additionally, the employer must ensure that the applicant has a patent or work permit.
On the conclusion and termination of the contract with a foreigner must constantly notify the FMS and the Federal Tax Service.
Таким образом, трудовой договор считается важным agreement for employees and employers. It is important to understand the rules and procedure for its conclusion. To do this, take into account the many norms of the TC. In case of their violation, the head of the company is brought to responsibility. Employees themselves should ensure that their rights are not violated, and if various violations are identified, they should be referred to the labor inspectorate or court.
