Establishing features of labor regulation of persons working for employers - small businesses included in. In particular, from January 2017, “micro-babies” will have the right to organize simplified personnel document flow.

Individual entrepreneurs and organizations related to micro-enterprises (Article 4 of Law No. 209-FZ) included in, the average number of which for the previous calendar year does not exceed 15 person and the total income from all types of business activities for the previous year, determined in the manner established by the legislation of the Russian Federation on taxes and fees, does not exceed RUB 120 million, – received the right from 01/01/2017 to simplify their personnel document flow.

You will lose your MICRO enterprise status, if the amount of income or the average number of employees exceeds the limit values three consecutive calendar years(Part 4 of Article 4 of the Law of July 24, 2007). And even if the upper values ​​are for a Small Enterprise, then the company will be excluded from the register no earlier than July 1 in three years (letter of the Federal Tax Service of Russia dated August 23, 2016 No. SA-4-14/15480).

If a microenterprise loses its status, then within four months the employer will have to bring labor relations to a general order.

In particular, the named subjects may not adopt local acts containing labor law norms, such as ():

• wage regulations;
• bonus regulations;
• shift schedule.

The list is open - the norm provides for “ other documents" But this “openness” is still conditional, otherwise it is unlikely that some of the relaxations (initially stated in the bill) would have been “lost.” By the way, some of them disappeared after public discussion of the project by the time it was submitted to the State Duma: the first version assumed that the vacation schedule would no longer be mandatory for micro-enterprises (), such employers would not have to approve the form of the pay slip ().

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Standard form of an employment contract for micro-businesses, personnel documents for micro-enterprises

Government Decree No. 858 of August 27, 2016 approved the standard form of an employment contract between an employee and an employer - a small business entity classified as a micro-enterprise.

The standard form was prepared by the Ministry of Labor in order to implement Federal Law No. 348-FZ of July 3, 2016, according to which the employer, a small business entity classified as a micro-enterprise, has the right not to adopt local regulations (LNA) containing labor law norms (internal labor rules). schedule, wage regulations, shift schedule, etc.). But in return, these norms must be included in, which is based on a standard form.

The standard contract form includes special conditions applicable to and that are not used in other cases.

Standard form of employment contract for micro-enterprises - download

Below is a standard form of an employment contract for micro-enterprises, which replaces other personnel documents. You can download it to your computer, enter your details and use it in your work.

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Micro-enterprises can independently edit standard employment contracts

Since 01/01/2017, micro-enterprises have the right to contain labor law norms (provisions on remuneration, bonuses, etc.), and specify all the necessary conditions directly in an employment contract drawn up according to a standard form. The Ministry of Labor clarified whether it is possible to exclude clauses that are unnecessary for a particular employer from a standard contract.

The standard form of an employment contract concluded between an employee and an employer-representative of a microbusiness was approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858. The appendices to the standard contract spell out which clauses apply (do not apply) to certain categories of workers.

Accordingly, when concluding an employment contract with an employee, an employer belonging to a micro-enterprise has the right to exclude from the standard form of the contract items that are not required to be completed due to the nature of the work of a particular employee, as well as items specified in the notes to the standard agreement.

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From what date can a standard form of an employment contract be used?

Since 2017, micro-enterprises have been exempted from internal personnel documents. There is no need to draw up internal labor regulations, regulations on wages, bonuses, shift schedules, etc. All working conditions, pay and guarantees for micro-enterprise employees can be specified in the employment contract with the employee.

On January 1, 2017, a new chapter came into force. 48.1 in the Labor Code of the Russian Federation, which reflects the peculiarities of labor regulation of persons working for microenterprises. Federal Law No. 209-FZ dated July 24, 2007 “On the development of small and medium-sized businesses in the Russian Federation” established the procedure for maintaining the Unified Register of Small and Medium-Sized Businesses and defined the criteria for classifying legal entities as micro-enterprises. Microenterprises differ from other small businesses primarily in that the average number of their employees for the last calendar year does not exceed 15 people, that is, these are really small enterprises that deserve a special approach.

Starting from the new year, an employer classified as a micro-enterprise has the right to refuse, in whole or in part, from adopting local regulations (LNA) containing labor law standards. That is, a micro-enterprise may now have neither internal labor regulations (ILR) nor regulations on wages and bonuses.

However, this does not mean that there is a gap in legal regulation. On the contrary, a small business entity that is classified as a micro-enterprise, refusing LNA, must include their terms directly in employment contracts with employees. It was for such cases that it was developed and approved standard form of employment contract(Resolution of the Government of the Russian Federation dated August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise”). Let's study this new document and figure out how it can be useful to the employer. We present an analysis of the conditions included in the standard form in the form of Table 1.

The standard form, of course, contains information, mandatory and additional conditions inherent in any employment contract (according to Article 57 of the Labor Code of the Russian Federation). In the process of analyzing the standard form, we will dwell on them only if it is necessary to provide useful comments and recommendations to the employer on how to fill them out.

An employment contract prepared according to this form will be very long (even with small print it will be 10 pages or more).

Table 1

Analysis of clauses of a standard employment contract for micro-enterprises

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To summarize, let us clarify that a standard employment contract is a useful document; it can and should be used by micro-enterprises. But the very rejection of the LNA in favor of an employment contract seems controversial to us. In particular, it will not be possible to refuse consent to the processing of personal data and vacation schedules (the reasons are stated above). Registration of personnel documents also cannot be avoided. The personal files of employees, their work books, and payment documents will remain mandatory. And the remaining aspects of a micro-enterprise can easily be contained in a single local regulatory act - internal labor regulations. After all, it is not forbidden to add to it some features of remuneration and bonuses for workers.

A standard employment contract for microenterprises is a special document developed by the government for small companies and individual entrepreneurs. It allows you to reduce the burden on SMEs - both documentary and administrative. Let's look at a sample of a standard employment contract with an employee (2019) using examples.

From 01/01/2017, the types of employment contracts were supplemented by a new document - a standard form of an employment contract with an employee for micro-enterprises. It was developed by the Ministry of Labor and approved by Government Decree No. 858 dated August 27, 2016. The document is universal and replaces some personnel documents (Federal Law No. 348-FZ dated July 3, 2016).

Who has the right to use a standard form of an employment contract with a micro-enterprise employee

Microenterprise status is granted to organizations and individual entrepreneurs with hired employees that meet the following criteria:

1. Staff no more than 15 people.
2. Income for last year was no more than 120 million rubles.

Other employers who do not fall under these criteria can also use the sample standard employment contract (2019), but do not have the right to refuse other personnel documentation in this regard.

A standard employment contract with an employee (sample 2019) is convenient because it takes into account the requirements of Article 57 of the Labor Code of the Russian Federation for agreements between employers and their employees, and reduces the risk of receiving a fine under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for administrative liability for:

evasion or improper execution of an employment contract, or the conclusion of a civil contract that actually regulates the labor relationship between the employee and the employer.

• for an official - 10,000–20,000 rubles;
• for an organization - 50,000–100,000 rubles;
• for individual entrepreneurs - 5,000–10,000 rubles.

To start using the standard form, it is enough to issue an appropriate order for the organization.

The form is not suitable for conclusions with foreign citizens.

What personnel documents can you refuse?

All micro-enterprises that transfer workers to a standard uniform may not have to issue the following personnel documents:

• orders on hiring and dismissal;
• wage regulations;
• bonus regulations;
• inner order rules.

Reason: a sample standard employment contract with an employee (2019), developed for micro-enterprises, already includes all the necessary rules and conditions for the employee’s activities.

What must be included in an open-ended employment contract

The list of mandatory details in employment agreements is listed in Article 57 of the Labor Code of the Russian Federation. The standard agreement for microenterprises is no exception, therefore it stipulates:

• employer details and full name employee;
• employer's TIN and employee's passport details;
• place and date of conclusion;
• employee's place of work;
• the nature of the work to be performed (job title (profession) and job responsibilities);
• deadline for starting work;
• the amount of the salary and the terms of its payment (indicating specific dates, place and method of payment);
• work and rest schedule;
• information about social insurance;
• information about working conditions based on the results of a special assessment;
• additional conditions, if necessary (if working conditions are recognized as harmful or dangerous, appropriate compensation is prescribed; if the nature of the work is specific, this fact is indicated).

There are conditions that an employment contract (completed sample) should not contain. The agreement may not:

• combine main work and part-time work (part-time work itself is not prohibited, but it must be documented in a separate document);
• establish a labor regime that violates the provisions of the Labor Code of the Russian Federation;
• include a condition on payment of wages below the minimum wage;
• set salary payments only once a month.

How to fill out a standard contract

A typical employment contract (form) includes several different work situations. This is a constructor that each employer collects for himself, and the document contains only the information that is necessary for cooperation with a specific employee. The standard form contains correct wording that complies with the norms of the Labor Code of the Russian Federation for all situations, including cooperation with remote and home-based workers, so there is no need to add anything to it.

Employers can simply download a free sample employment contract (2019) at the end of this article. But it is necessary to learn how to fill it out correctly, because working conditions may differ, and you will have to fill out the document differently.

The standard form developed by officials is quite large. It contains 38 points, combined into 11 chapters. But not everything needs to be filled out. We will show you which points to omit using the example of step-by-step filling out an employment contract with an employee hired for the position of sales department manager.

Step 1. The “General Provisions” section must be completed by all employers. It is intended to indicate information about the organization and the employee, so we enter in the form the full name of the employer and his address, as well as the last name, first name, patronymic and position of the future employee. If an employment test is provided for an employee, its duration must be indicated. In the same section you need to write:

• nature of work - main or part-time;
• validity period (if urgent);
• information about when the employee starts work;
• where his workplace will be located.

The employment contract must contain information about the traveling nature of the work. If there are no special features, you can write that “the employee does not have a special nature of work.”

Step 2. In the “Employee Rights and Responsibilities” section, you need to describe all the responsibilities of the new specialist and his rights in accordance with the Labor Code of the Russian Federation and the collective agreement. If desired, the employer can add agreements with a specific employee to the standard text.

Step 3. The section “Rights and Responsibilities of the Employer” informs about the functions of the employer. Here you can add your own conditions to the standard ones.

Step 4. In the “Employee remuneration” section, you need to be careful if the organization has waived the provision on remuneration. It describes in detail the composition of wages. The standard form contains several types of payments; the employer only has to select the ones he needs and indicate the amount:

• official salary;
• compensation payments (for work in hazardous conditions, use of personal transport, etc.);
• incentive payments (bonuses and incentives);
• other payments.

The section indicates the frequency of payments and specific dates, conditions and method of payment - to a bank card, account or cash.

Step 5. In the section “Working time and rest time of the employee” they write about the length of the working day, rest time, weekends and vacations.

Step 6. The “Labor Safety” section is dedicated to the employee’s working conditions. If necessary, we indicate the mandatory requirement and frequency of a medical examination. If the employee is required to wear personal protective equipment, enter which ones.

Step 7. The section “Social insurance and other guarantees” is not needed by everyone. It is filled out if the employer is obliged to pay for the employee’s training, voluntary health insurance policy, or trips to a sanatorium.

Step 8. Completing the section “Other terms of the employment contract” may be required when employing homeworkers, remote workers, or when concluding an agreement with an individual entrepreneur.

Step 9. The section “Changing the terms of the employment contract” contains general information that the terms of the contract can be changed only by agreement of the parties.

Step 10. In the section “Responsibility of the parties to the employment contract” the standard conditions remain.

Step 11. Section 11 “Final Provisions” is intended to indicate the details of the parties, as well as the signature of the employee under all the rules and regulations with which he is familiar. The employer is obliged to familiarize him with:

• with a collective agreement (if there is one);
• job responsibilities;
• various instructions of the organization.

The employee must receive a second copy of the agreement, signed by the head of the employing company.

Remember: a unified labor contract allows you to optimize your work, but does not relieve you from the need to monitor changes in legislation and, if necessary, make the necessary adjustments to the document.

Below on the page is a sample employment contract form for micro-enterprises, valid in 2020.

Approved in 2017 standard form of a standard employment contract for micro-enterprises, which is still in effect in 2020, is designed to simplify the relationship between the employer and employees of the enterprise.

According to the legislation of the Russian Federation, micro-enterprises are allowed to simplify personnel records: since 2017, a micro-enterprise may not develop local regulations (regulations on remuneration, labor regulations, regulations on bonuses, etc.). However, it must be compulsory employment contract, including conditions that would be contained in the missing local acts. The Government of the Russian Federation adopted, which contains sample standard contract form for micro-enterprises.

According to small businesses since the beginning of 2017 may (but not obligated) refuse to develop (in whole or in part) local regulations, and include the necessary information in employment contracts with employees drawn up on the basis forms of a standard employment contract for micro-enterprises, approved by Resolution No. 858.

According to micro-enterprises, they can reduce the scope of the standard form of an employment contract, namely:

• exclude clauses of the contract that do not relate to the company’s activities;
• delete the clauses contained in the notes of the standard form of an employment contract for micro-enterprises.

In addition, if a micro-enterprise has developed and approved some local regulations, then the clauses in the standard employment contract that correspond to the current local regulations should also be removed from the contract.

It is necessary to fill out an employment contract drawn up according to a standard form, like all employment contracts, in two copies: for the employer and for the employee. The contract must reflect clauses related to the specific nature of the employee’s work, as well as the specifics of the organization’s activities. An employment contract drawn up according to form for microenterprises signed by both parties and indicates the existence of a contractual employment relationship.

If employment contracts were previously drawn up with existing employees based on the norms of the Labor Code of the Russian Federation, then there is no need to re-sign them - it is enough to just make changes (if necessary).

If an organization does not enter into employment contracts with employees when hiring, then, according to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation may be fined. In case of evasion, incorrect execution of an employment contract or the conclusion of a GPC agreement (if there is an existing labor relationship), an administrative penalty will be imposed on the organization and its officials:

1. for officials 10-20 thousand rubles;
2. for individual entrepreneurs - 5-10 thousand rubles;
3. for a company - 50-100 thousand rubles.

To prevent such a negative situation from arising, you should download the standard form of an employment contract for microenterprises, approved by Resolution No. 858, adjust it in accordance with the nature of the enterprise’s activities, fill it out in accordance with sample of filling out a standard form of an employment contract, presented below on this page, and use the finished employment contract in the future.

Below you can familiarize yourself with the following documents:

DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION dated August 27, 2016 N 858 (-show-)

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION
dated August 27, 2016 N 858

ON THE STANDARD FORM OF AN EMPLOYMENT CONTRACT CONCLUDED BETWEEN AN EMPLOYEE AND AN EMPLOYER - A SMALL ENTERPRISE, WHICH IS A MICRO-ENTERPRISE

In accordance with Article 309.2 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises.
2. The Ministry of Labor and Social Protection of the Russian Federation must provide explanations on the use of the standard form approved by this resolution.
3. This resolution comes into force on the date of entry into force of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises.”

Chairman of the Government
Russian Federation
D. MEDVEDEV

APPROVED
Government resolution
Russian Federation
dated August 27, 2016 N 858

HTML text of the Decree of the Government of the Russian Federation of August 27, 2016 N 858

FEDERAL LAW of July 3, 2016 N 348-FZ (-show-)

RUSSIAN FEDERATION

THE FEDERAL LAW

ON AMENDMENTS TO THE LABOR CODE OF THE RUSSIAN FEDERATION IN PART OF THE FEATURES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL BUSINESS ENTITIES, WHICH ARE CLASSIFIED AS MICRO ENTERPRISES

Article 1

"Chapter 48.1. Peculiarities of labor regulation of persons working for employers - small businesses that are classified as micro-enterprises

Article 309.1. General provisions

For employers - small businesses (including employers - individual entrepreneurs), which, in accordance with federal law, are classified as micro-enterprises (hereinafter referred to as employers - small businesses that are classified as micro-enterprises), the regulation of labor relations and other directly related relations is carried out with taking into account the specifics established by this chapter.
If the employer has ceased to be a small business entity, which is classified as a micro-enterprise, and appropriate changes have been made to the information about it in the unified register of small and medium-sized businesses, no later than four months from the date of making the corresponding changes in the unified register of small and medium-sized businesses regulation of labor relations and other directly related relations with a given employer must be carried out in accordance with labor legislation and other regulatory legal acts containing labor law norms, without taking into account the specifics established by this chapter.

Article 309.2. Regulation of labor relations and other directly related relations with the employer - a small business entity, which is classified as a micro-enterprise, by local regulations containing labor law norms, and employment contracts

An employer who is a small business entity classified as a micro-enterprise has the right to refuse, in whole or in part, from adopting local regulations containing labor law norms (internal labor regulations, regulations on remuneration, regulations on bonuses, shift schedules, etc.). At the same time, in order to regulate labor relations and other directly related relations, the employer - a small business entity, which is classified as a micro-enterprise, must include in employment contracts with employees conditions regulating issues that, in accordance with labor legislation and other regulatory legal acts containing norms labor law must be regulated by local regulations. These employment contracts are concluded on the basis of a standard form of employment contract, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations."

Article 2

This Federal Law comes into force one hundred and eighty days after the day of its official publication.

The president
Russian Federation
V. PUTIN

HTML text of the Federal Law of July 3, 2016 N 348-FZ
prepared https://site and verified against the Official Internet portal of legal information www.pravo.gov.ru

LETTER OF THE MINISTRY OF LABOR OF THE RUSSIAN FEDERATION dated June 30, 2017 No. 14-1/B-591 (-show-)

LETTER of the Ministry of Labor of the Russian Federation dated June 30, 2017 No. 14-1/B-591

Question: Does a micro-enterprise that has refused to adopt local regulations containing labor law norms have the right to make changes to the standard form of an employment contract, in particular, to remove certain clauses that are not applicable for a particular employee?

Answer:

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
LETTER dated June 30, 2017 N 14-1/B-591

The Department of Remuneration, Labor Relations and Social Partnership of the Ministry of Labor and Social Protection of the Russian Federation has considered the appeal within its competence and reports.
In accordance with the Regulations on the Ministry of Labor and Social Protection of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 N 610, the Ministry of Labor of Russia provides clarifications on issues within the competence of the Ministry and in cases provided for by the legislation of the Russian Federation.
The opinion of the Russian Ministry of Labor on the issues contained in the appeal is not an explanation or a normative legal act.
On January 1, 2017, amendments to the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) came into force regarding the specifics of regulating the labor of persons working for employers - small businesses, which are classified as micro-enterprises.
Article 309.2 of the Labor Code of the Russian Federation establishes that employers - small businesses that are classified as micro-enterprises have the right to refuse, in whole or in part, the adoption of local regulations containing labor law norms (internal labor regulations, regulations on remuneration, regulations on bonuses and others) .
At the same time, such employers are obliged to include conditions governing issues that, in accordance with the Labor Code of the Russian Federation, are regulated by local regulations, into employment contracts.
Such agreements are concluded on the basis of a standard form, which was approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858, which came into force on January 1, 2017.
The notes to the Model Agreement also indicate which clauses apply (do not apply) to certain categories of employees.
We believe that when concluding an employment contract with employees of small businesses classified as micro-enterprises, the employer can exclude from the employment contract items that are not required to be completed due to the nature of the work, as well as items specified in the notes to the standard agreement.

A standard form of employment contract has been approved for micro-enterprises and individual entrepreneurs. If you conclude such an agreement with an employee, then internal regulations, regulations on remuneration and other local acts are no longer needed. Download the form of a standard employment contract for micro-enterprises 2019 and a sample.

Standard form of employment contract for microenterprises 2019: who has the right to apply

According to Article 309.2 of the Labor Code of the Russian Federation, employers - small businesses - microenterprises have the right to fully or partially refuse to adopt local regulations containing labor law norms (internal labor regulations, regulations on remuneration, regulations on bonuses and others). When refusing acts, microenterprises are required to include in employment contracts the conditions that, in accordance with the Labor Code of the Russian Federation, are prescribed in the acts.

The standard form of an employment contract for micro-enterprises was approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. Let us recall which enterprises belong to micro-enterprises and have the right to use the standard form of the contract.

Microenterprise - this is a small business enterprise (individual entrepreneurs, peasant farms, LLCs) that meet certain criteria (see table).

Microenterprise criteria

Criteria	IP	OOO
Average number of employees for the previous calendar year, people	≤15	≤15
Income for the last calendar year excluding VAT, million rubles	≤ 120	≤ 120
Total share of participation in the capital of the company of the constituent entities of the Russian Federation, municipalities, public and religious organizations and foundations, %	-	≤ 25
Total share of participation of other organizations that are not small or medium-sized businesses, as well as foreign organizations, %	-	≤ 49

Employment contract for micro-enterprises from 2019: sample filling

The standard form of an employment contract for micro-enterprises for 2019 was approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. It includes standard provisions, rights and obligations of the employee and the employer, terms of remuneration of the employee, working time and rest, labor protection, social insurance, etc. d.

The 17-page standard employment contract form for microenterprises includes 11 sections:

1. General provisions;
2. Rights and obligations of the employee;
3. Rights and obligations of the employer;
4. Employee remuneration;
5. Working time and rest time of the employee;
6. Occupational Safety and Health;
7. Social insurance and other guarantees;
8. Other terms of the employment contract;
9. Changing the terms of the employment contract;
10. Responsibility of the Parties to the employment contract;
11. Final provisions.

It is possible to exclude items from a standard employment contract that are not required to be completed due to the nature of the work, as well as items specified in the notes to the standard contract. The Ministry of Labor reported this in a letter dated June 30, 2017 No. 14-1/B-591.

The UNP has summarized judicial practice in disputes when employees accuse employers of arbitrarily changing the clauses of the employment contract. The arguments are in the review.

Let us remind you that when concluding employment contracts, it is necessary to take into account changes in labor legislation that came into force on January 1, 2019.

How can a micro-enterprise switch to a standard employment contract starting in 2019?

If a company decides to switch to standard contracts, the algorithm is as follows.

Step 1. Determine which local acts are no longer needed . Make a list of acts that are no longer required (see list below). The Labor Code names some of the acts that can be canceled: internal labor regulations, provisions on wages and bonuses, shift schedule (Article 309.2 of the Labor Code of the Russian Federation).

You can also cancel your vacation schedule. But from the standard form it follows that instead of a schedule, a written agreement must be drawn up with employees, in which vacation days are determined. The labor inspectors we interviewed advise drawing up such agreements annually, at the same time as the vacation schedule. That is, no later than two weeks before the new year.

What local acts can be canceled

• Labor internal regulations.
• Labor protection rules and instructions.
• Regulations on remuneration and bonuses.
• Regulations on irregular working hours.
• Regulations on business trips.
• Job descriptions.
• Shift schedules.
• Vacation schedule (instead of a schedule, enter into written agreements)

It is important to know:

If a company or individual entrepreneur has lost the status of micro-organizations and at the same time they already have an order to refuse local documents, they will have to re-enter these documents. You need to do it within four months from the date of removal from the register of small and medium-sized businesses. The register can be found on the Federal Tax Service website.

Step 2. Issue an order to cancel local acts . You can refuse part or all of the acts. In order not to get confused about which provisions you canceled and from what date, draw up an order in free form and sign it with your manager (see sample).

In the order, instruct the employee who is responsible for personnel records to sign agreements to employment contracts with employees.

Step 3. Change existing employment contracts . Due to the transition to standard templates, the employment relationship is not interrupted, so the company does not have the right to terminate the old contract and enter into a new one.

Conclude additional agreements with all employees to existing employment contracts to include all the conditions from the standard form. To do this, you can write in the agreement: “Employment contract No. 1 dated 02/10/17 is stated in a new edition as of 02/01/19,” and then rewrite all the points from the standard contract and fill in the missing information - salary, schedule, place of work and other mandatory information.

Pros and cons of a standard employment contract for microenterprises

pros

Minuses

There is no need to develop your own forms of employment contract. The standard form already contains all the necessary conditions. This means that labor inspectors will have no complaints about the contents of the contract. The company will draw up fewer documents, since some local acts can be canceled. If you fill out standard contracts, there is less risk that labor inspectors will fine you for the absence of mandatory acts or for errors in them. The company will no longer need to familiarize employees with each document separately; all the rules will be in the standard contract.

If any conditions of the standard contract are changed, additional agreements must be signed with employees. The employer has the right to change local regulations himself; it is enough to issue an order and familiarize employees with it. If an employee resigns, the standard contract must be supplemented - the date and reason for dismissal must be entered. Labor inspectors believe that it is not necessary to demand a copy from the employee. It is enough to make a copy from the last page and give it to the employee for signature. If a company loses its micro status, all local acts must be issued within four months (Article 309.1 of the Labor Code of the Russian Federation).