Every citizen, settling in an organization,must conclude an employment contract with the employer (if the job involves official employment). Art. 67 of the LC RF regulates the main provisions for the execution of this document and its main parties.
Under the employment contract understand the agreement betweenthe head of the organization and the applicant, where the first party should provide the second job for the specified duties, provide the necessary working conditions, pay wages in time, while the other party is obliged to fulfill personal duties and observe the company's internal regulations.
Under the terms of Part 1 of Art.67 of the LC RF, the form of the agreement is a written conclusion of the agreement, where the main information about its parties, documents, basic conditions and requisites of the agreement participants are fixed.
Since the labor contract is a bilateral agreement, the parties are the employee and the employer, respectively.
The employee is an individual, who joins the head of the organization in working relations. According to legislative norms, it is possible to enter into labor relations from the age of 16.
The employer is an individual or a legal entity(enterprise), entering into an employment relationship with the employee. As employers, branches or representative offices of a large organization can not act, since they do not have the status of legal entities, but act exclusively on behalf of the organization that created them. Even though according to established documents units have the right to hire employees and conclude labor contracts with them, the main organization will be responsible to the employees.
Considering Art.67 of the Labor Code, the employment contract must be concluded in writing and in several copies, each of which is signed by the parties. One copy of the agreement remains with the employer, and the second with the employee. At the same time, on the copy of the organization, the employee must sign, indicating that his copy was personally received.
If the contract is not properly executed, andthe employee has already started his duties on the order of the head or with his knowledge, according to part 2 of Article 67 of the RF Labor Code, the agreement is considered concluded and must be executed in writing within three days.
If employment contracts are concluded withcertain categories of citizens, then taking into account the norms of the law (Article 67 of the RF Labor Code) and normative acts, there must be a need to harmonize the right to conclude treaties or their provisions with the relevant bodies that are not employers under these agreements.
The contents of the contract include all the conditions that are prescribed in it:
The contract should include:
In the event that when entering into an agreement in itdid not include any provisions, this is not a reason to consider it invalid and even more so to terminate labor relations. In this case, missing information can be entered directly into the text of the document, and additional information should be determined by an addendum or an attachment to the main document. An addendum should contain those conditions that do not make the employee's situation worse. They include:
According to the law, it is prohibited to require the employee to perform those duties that are not prescribed by the employment contract.
Any changes to the document must be agreed between the parties. Those conditions that could worsen the employee's position are recognized as invalid.
The reason for the emergence of labor relations issigned contract of employment. If the document is not registered, and the employee has started to perform the duties with the permission of the head or authorized person, this is not considered as a violation of Art. 67 of the Labor Code of the Russian Federation, simply working relations arise from the moment of direct start of the employee's activity, and the document itself must be issued within three days.
In the case where an employee is admitted to work by a person,not authorized to do so, and the employer refuses to enter into a contract, the time actually worked by the employee must be paid. In this case, the person who admitted a citizen to work should be punished, including materially.
При отказе в приеме на работу от руководителя must be followed by a written notification with specific reasons for the refusal. All legislative norms for concluding a contract apply only to those who have concluded the contract, and not the labor agreement.
The agreement can be concluded:
Legislatively, it is forbidden to enter into urgent labor relations in order to evade the provided guarantees and compensations to employees.
Art. 67 TC RF with the comments fixes the "framework" restrictions that relate to compliance with the form of the contract. These restrictions must be observed by both the employer and the employee.
The main requirements that must be met:
At the conclusion of the contract, many enterprises use their standard form, which includes the main provisions provided for by legislative acts.
