Employment contract at present, it can only be concluded in writing, usually in two copies: one copy is given to the employee, the other remains with the employer. In some cases, an employment contract is concluded in triplicate: for example, with persons working under an employment contract for others individuals when performing work in household, with minors under the age of 14, in these cases, the third copy of the employment contract is given either to the registration authority or to the guardianship and trusteeship authority.

Hiring is formalized by issuing an order or instruction from the employer, the content of which must exactly correspond to the content of the employment contract.

The hiring order is announced to the employee against signature within three days from the date of his actual start of work.

In some cases, the employer has the right to hire employees only after undergoing an appropriate medical examination (certification). All persons under 21 years of age undergo a medical examination every year.

Article 213 of the Labor Code.

If there are certain conditions that are necessary for fulfillment specific work, the employer has the right to offer the employee to undergo a psychiatric examination.

In order to test the employee’s business qualities, a probationary period may be established by agreement between the parties.

Article 70 of the Labor Code. When establishing this condition, it is necessary to comply following rules:

1. The conditions of the test must be recorded in the content of the employment contract and in the employment order.

2. If the conditions for establishing a test were not specified in the content of the contract, but were indicated only in the order for employment, then such a condition is considered invalid.

3. During the probationary period, the employee is fully subject to current labor legislation.

4. A test for employment is not established for persons specified in Part 4 of Article 70. In addition to the persons specified in Part 4 of Article 70, a test is also not established for: persons who have graduated educational institution by direction of the employer; persons invited to work through transfer.

5. The specific probationary period is determined by agreement of the parties, but at the same time it should not exceed, as a general rule, 3 months, and for heads of organizations, their deputies, the chief accountant, as well as heads of branches, representative offices and their deputies, the probationary period is not must exceed 6 months (Part 5 of Article 70 of the Labor Code of the Russian Federation).

6. In some cases, the probationary period for certain categories may be set to a longer or shorter duration, for example, according to Part 6 of Article 70 of the Labor Code of the Russian Federation, when concluding an employment contract, from 2 to 6 months, two (2) weeks, and for civil servants, the probationary period may be set from three (3) months to one year.

7. The test period established by law cannot be increased by any unilaterally, nor by agreement of the parties.

8. If, upon hiring, an employer establishes a probationary period of a longer duration than is provided for by current legislation, then such a condition is considered invalid, and the employee is considered to be hired without establishing a probationary period.

9. The probationary period determined at the conclusion of the employment contract (upon hiring) cannot be extended in the future, even by agreement of the parties.

10. The probationary period does not count periods of time when the employee is absent from work, regardless of the reasons for which he is absent.

11. In the event that an employee does not pass the test, the employer has the right to dismiss him under Article 71 of the Labor Code of the Russian Federation as having failed probationary period, but in order to dismiss an employee on this basis, the following legal facts must be present:

1) The dismissed employee was given a probationary period in the employment contract;

2) The employer had the right to set a probationary period for this employee (students who have just graduated from a higher educational institution cannot have a probationary period for a year);

3) The probationary period must be established by agreement of the parties, and not unilaterally by the employer;

4) The probationary period has not expired, that is, the employee can be dismissed on this basis only during the probationary period;

5) The test period does not exceed that established by law;

6) The test results are unsatisfactory;

7) The employer is obliged to warn the employee about dismissal under Article 71 of the Labor Code of the Russian Federation in writing no later than 3 (three) days before dismissal.

8) The employer is obliged to indicate a notice of dismissal and the reason that served as the basis for his dismissal.

9) When an employee is dismissed on this basis, it is not necessary to obtain a reasoned opinion from an elected trade union body and such employee is not given severance pay.

05 Feb 2012 02:00

Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to ensure the working conditions provided for labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations and this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal labor regulations in force for this employer.
The parties are the employee and the employer.
Correct execution of an employment contract is important for the employee and the employer, since this is the main document on which they are based labor Relations.
However, the correctness of the execution of the employment contract can also be checked by a labor inspector, and if errors are detected in the execution or in the terms of the contract, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation.
Let us note that this norm establishes a fine for heads of organizations in the amount of 1,000 to 5,000 rubles. (for a repeated offense - disqualification for a period of one to three years) and for organizations - from 30,000 to 50,000 rubles.

We draw up an employment contract

An employment contract is concluded in writing (Article 67 of the Labor Code of the Russian Federation).
Written form is provided for all types of employment contracts. Therefore, regardless of whether a fixed-term employment contract is concluded or a contract for an indefinite period, whether the employee’s place of work is the main one or whether it is a part-time job, it is necessary to formalize the employment relationship by concluding a written employment contract.
If the employment contract is not in writing, this fact is the basis for holding the employer liable for non-compliance.

Note! The absence of a written employment contract does not indicate the absence of an employment relationship.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative (Article 67 of the Labor Code of the Russian Federation).

An employment contract is drawn up in duplicate, one of which remains with the employer, and the second is transferred to the employee.
Each copy of the employment contract must be signed by both the employee and the employer.

Note! Upon receipt of his copy of the employment contract, the employee must put a signature on the copy of the employer’s employment contract, which will confirm the fact that the employee received the employment contract (Article 67 of the Labor Code of the Russian Federation). Therefore, we recommend that on a copy of the employer’s contract, provide a separate column “Received the employment contract, date and signature of the employee.”
Let us note that the absence of such an employee’s signature is one of the most common violations that labor inspectors identify during inspections of employers regarding compliance with labor laws.

Age at which it is permissible to conclude an employment contract

According to the general rule established by labor legislation, an employment contract can be concluded with an employee who has reached the age of 16 (Article 63 of the Labor Code of the Russian Federation).

Note! If an employment contract is concluded with an employee under 18 years of age, such employee is first sent by the employer for a mandatory medical examination (Article 69 of the Labor Code of the Russian Federation). And only if there is a medical report, from which it follows that the work is not contraindicated for the young worker, the employer has the right to conclude an employment contract.

Let us note that it is possible to conclude an employment contract with persons under 16 years of age, but only if the conditions established by the Labor Code of the Russian Federation are met.
An employment contract can be concluded with a 15-year-old employee only to perform light work that does not harm his health.
The conclusion of an employment contract is possible only in the following cases:
- when the teenager has already received basic general education (completed 9 classes of secondary school);
- continues to master the program general education in a form of education other than full-time;
- the teenager, with the consent of the parents and the commission on minors’ affairs, left the general educational institution (i.e. stopped studying at school).
An employment contract can be concluded with a 14-year-old student to perform light work that does not harm his health and does not disrupt the learning process.
To conclude an employment contract you must:
- consent of one of the parents (guardian) and the guardianship authority;
- work must be performed in free time from study and not disrupt the learning process.
Labor legislation provides for the possibility of concluding an employment contract with children younger age, but only by the following employers:
- cinematography organizations;
- theaters;
- concert organizations;
- circuses.
It is possible to use the labor of children to create and (or) perform (exhibit) works without harming their health and moral development.
To conclude an employment contract, permission from the guardianship and trusteeship authority is required, which specifies the maximum permissible duration of daily work and other conditions under which the work can be performed.
The employment contract is signed on behalf of the child by his parent (guardian).

Terms of the employment contract

An employment contract concluded between an employee and an employer is one of the key documents in the formation of labor relations. Each organization independently develops the text of an employment contract, and employment contracts may differ for different employees.
Despite the fact that the Labor Code of the Russian Federation regulates in quite detail legal basis labor relations, an employment contract allows you to outline the nuances of labor relations.
Conditions such as, for example, the name of the position, the amount of remuneration, are mandatory conditions, individual for each employee.
The structure of the employment contract is as follows.
The employment contract must include information that allows identification of the employee and the employer.
In addition, the employment contract must contain the mandatory conditions listed in Art. 57 Labor Code of the Russian Federation.
In addition to the mandatory ones, the employment contract may contain additional conditions.

Note! The terms of an employment contract that do not comply with the principles of labor legislation are invalid.

So, the employment contract specifies:
- last name, first name, patronymic of the employee and the name of the employer who entered into the employment contract;
- employee’s passport details;
- TIN (taxpayer identification number) of the employer;
- information about the employer’s representative who signed the employment contract, and the basis on which he is vested with the appropriate powers;
- place and date of conclusion of the employment contract.

Mandatory terms of the employment contract

Article 57 of the Labor Code of the Russian Federation lists the conditions mandatory for inclusion in an employment contract:
1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - the place of work indicating the separate structural unit and its location.
2. Labor function(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type work assigned to the employee).
Let us note that if the work performed in certain positions, professions, specialties legally provides for the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the Unified Tariff qualification directory works and professions of workers or in the Unified Qualification Directory of Positions of Managers, Specialists and Employees, approved. Decree of the Government of the Russian Federation of October 31, 2002 N 787.
3. Start date.
4. Validity fixed-term contract; circumstances (reasons) that served as the basis for concluding a fixed-term employment contract.

Note! As a general rule, employing organizations must enter into employment contracts for an indefinite period. A fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for in Art. 59 Labor Code of the Russian Federation.

One of the most common mistakes employers make when concluding an employment contract is concluding a fixed-term employment contract in the absence of grounds for this.
By agreement of the parties, a fixed-term employment contract can be concluded only in the cases provided for in Part 2 of Art. 59 Labor Code of the Russian Federation.
For example, organizations (individual entrepreneurs) - small businesses - have the right to enter into fixed-term employment contracts if the number of their employees is no more than 35 people.
If the employer operates in the field of retail trade and consumer services, the number of employees should not exceed 20 people.
And if the employer unreasonably concluded a fixed-term employment contract, the consequences may be as follows:
- the court may recognize such an agreement as concluded for an indefinite period;
- a labor inspector can hold an employer accountable for violating labor laws.
5. Terms of payment(including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).
It should be noted that the size of the employee’s official salary (tariff rate) must be indicated directly in the employment contract (this is established by Article 135 of the Labor Code of the Russian Federation).
However, many employers prefer instead to use the wording “Payment according to staffing table". This is illegal.
For such wording, the employer may be held liable for violation of labor laws.
6. Working hours and rest hours(if for of this employee it is different from general rules, operating with this employer).
7. Compensation for hard work and work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of the working conditions at the workplace.
8. Conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, other nature of work).
9. Conditions on compulsory social insurance of the employee. For example: “The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation.”
10. Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

Note! Failure to include one or more mandatory conditions does not make such an agreement unconcluded and is not a basis for termination of the employment contract. At the same time, if the labor inspectorate, during an inspection, discovers that mandatory conditions are not reflected in the employment contract, the employer may be held administratively liable for violating labor laws.

Therefore, if the text of the contract does not contain any mandatory conditions, it is necessary to include them in the contract. To do this, you should draw up a written annex to the agreement, which will form an integral part of it.
Let us remind you that all annexes to the agreement must be signed by the parties - the employee and the employer.

Entry into force of the agreement

As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer (Article 61 of the Labor Code of the Russian Federation). At the same time, the parties can independently determine the date of entry into force of the agreement. For example, an employment contract was signed by the parties on May 25, 2011.
It states that it will take effect on June 1, 2011.
Most often, an employment contract is signed on the day the employee begins to perform his duties. labor responsibilities.
For example, an employment contract was signed on October 17, 2011.
The text of the contract contains a condition according to which the employee begins to perform work duties from the date of its signing.
However, the dates of signing the employment contract and the start of work may not coincide. The employment contract can stipulate a specific date from which the employee begins to perform work duties.
For example, an employment contract was signed by the parties on October 30, 2011. The contract stipulates that the employee begins to perform his job duties on November 11, 2011.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
For example, an employment contract was signed on November 10, 2011.

Note! Currently, when deciding to cancel a contract, the reasons why the employee did not start work on time do not matter. Previously (until October 6, 2006), an employer could cancel an employment contract only if the employee did not start work without good reason.

The period when the employee must begin performing his job duties is not established by the contract. In this situation, the employee starts work on November 11, 2011.
It is possible that an employment contract was signed by the parties, but the employee did not start work on the start date.
In this case, the employer has the right to cancel such an employment contract. A canceled employment contract is considered not concluded (Part 4 of Article 61 of the Labor Code of the Russian Federation).
Please note that cancellation of an employment contract is a right, not an obligation, of the employer.
Therefore, the employer can take advantage of this right and issue an order to cancel the employment contract the very next day after the employee has not started work. The order may be issued in more late date if the employee never came to work.
At the same time, the employer can find out the reasons for the employee’s absence from work and leave the employment contract in force.

Documents presented when concluding an employment contract

Article 65 of the Labor Code of the Russian Federation provides list of documents which the employee presents to the employer when concluding an employment contract:
- passport or other identification document;
- work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
- insurance certificate of state pension insurance;
- military registration documents for those liable for military service and persons subject to conscription for military service;
- a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.
Failure by the employee to provide these documents is grounds for refusal to conclude an employment contract.
The Labor Code of the Russian Federation prohibits employers from requiring any documents from an employee other than the above.
Often, when concluding an employment contract, employers require employees to present a certificate of assignment of a TIN (taxpayer identification number).
However, this document is not included in the list of documents that the employee must present to the employer. Therefore, the absence of an employee’s certificate of assignment of a TIN cannot serve as a basis for refusal to conclude an employment contract.
When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.
Let us note that the absence of a work book does not actually prevent the conclusion of an employment contract.
If an employee does not have a work book, for example due to its loss, he must write a corresponding statement to the employer indicating the reason for the lack of a work book.
The employer, in turn, must issue a valid work book for the employee and make the appropriate entries in it.
When registering a new work book, information about the employee’s total and (or) continuous work experience before joining this employer, confirmed by relevant documents, is entered into it. The total length of service is recorded in total, i.e. indicated total years, months, days of work without specifying the employer, periods of work and positions of the employee (Letter of Rostrud dated April 30, 2008 N 1026-6).

An order (instruction) on hiring is issued in the form T-1 (on hiring an employee) or T-1a (on hiring employees), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of a concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

6. Register an order (instruction) about hiring an employee in the Journal of registration of orders (instructions).

7. Familiarize the employee with the order (instruction) about hiring against signature. According to Art. 68 of the Labor Code of the Russian Federation, the employer’s order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work.

8. Make a record of employment in the work book. According to Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. If the employee does not have a work book, the employer will issue one. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work

9. Fill out the Book of accounting for the movement of work books and inserts for them.

The forms of the Book for recording the movement of work books and inserts for them and the Receipt and Expenditure Book for accounting for forms of work books and inserts for them are approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

10. Issue a personal card for the employee, acquaint him, against signature in the personal card, with the entry made in the work book, with the information entered in the personal card. The T-2 personal card form was approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. See the manual "Personal cards: design rules"

11. Register the employee’s personal file if the employer has established the obligation to maintain a personal file in relation to his position.

16. Employment contract: content, procedure for execution, grounds for termination.

T The ore contract must contain the following information:

representation of the parties,

Full name of the employee, his qualifications,

position and nature of the work performed,

start date of work,

type of employment contract (fixed-term/indefinite),

contract for the main place of work/part-time work,

is the test established and what is its duration,

rights and obligations of the employer,

employee rights and obligations,

characteristics of working conditions,

features of working hours,

duration of annual leave,

the amount of official salary and types of additional payments,

payment terms wages,

type of social insurance,

signatures of the parties.

Conclusion of an employment contract

An employment contract is concluded in writing, the text of the contract is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. As a general rule, it is from the moment of its signing that an employment contract is considered concluded.

Hiring is formalized by order of the employer, which is issued on the basis of a concluded employment contract and reproduces the most essential working conditions of the employee.

When concluding an employment contract in order to verify the employee’s suitability for the work assigned, the agreement of the parties may stipulate his testing for a certain period. When the probation period has expired and the employee continues to work, he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis.

When concluding an employment contract with certain categories of employees, the law does not allow the establishment of a probationary period. So, according to Part 4 of Art. 70 of the Labor Code of the Russian Federation, employment testing is not established for:

Persons applying for work through a competition for filling the corresponding position, conducted in the manner prescribed by law;

Pregnant women;

Persons under the age of eighteen;

Persons who have graduated from educational institutions of primary, secondary and higher vocational education and are entering work for the first time in their specialty;

Persons elected to an elective position for paid work;

Persons invited to work by way of transfer from another employer as agreed between employers;

Termination of an employment contract

Termination of an employment contract is possible, as a rule, only on grounds provided by law. According to Art. 77 of the Labor Code of the Russian Federation, the general grounds for termination of an employment contract are:

By agreement of the parties, the employment contract can be terminated at any time (Article 78 of the Labor Code of the Russian Federation);

Expiration of the employment contract;

Termination of an employment contract at the initiative of the employee;

Termination of an employment contract at the initiative of the employer;

Transfer of an employee, at his request or with his consent, to work for another employer or transfer to elective work;

An employee’s refusal to continue working due to a change in the owner of the organization’s property, a change in the organization’s jurisdiction, or its reorganization.

The employee’s refusal to continue working due to a change in the essential terms of the employment contract;

Refusal of an employee to transfer to another job due to health conditions in accordance with a medical report”;

The employee’s refusal to transfer due to the employer’s relocation to another location;

Circumstances beyond the control of the parties;

Violation of the rules for concluding an employment contract established by labor legislation, if this violation excludes the possibility of continuing work;

Number of days Issuing a work permit for a highly qualified specialist 35,000 rubles 14 working days Extension of a work permit for HQS 35,000 rubles 14 working days Issuing an invitation to enter for a highly qualified foreign employee or members of his family 6,000 rubles 14 working days Issuing a multiple entry visa work visa for a highly qualified specialist 6,000 rubles 14 workers. days Registration of a highly qualified specialist for tax registration 10,000 rubles 2-3 weeks Submission of a quarterly notification of the fulfillment of obligations to pay wages to a highly qualified specialist in the Federal Migration Service of the Russian Federation 2,500 rubles 5 working hours. days Submitting a notice for granting unpaid leave to a highly qualified specialist to the Federal Migration Service of the Russian Federation 2,500 rubles 5 workers. days Reviews IP Ichugov V.A. I recommend - 9 out of 10. Logistics LLC I recommend - 8 out of 10. IP Krasavina L.L.

Do you have a sample employment contract with foreigners?

How to employ a foreign employee. For foreigners who are highly qualified specialists, there is a simplified hiring procedure. The simplification lies in the fact that there is no need to contact the employment service, obtain a permit to hire and use in work foreign citizens. This relaxation applies both when hiring foreigners - highly qualified specialists - and members of their families.
Also, the attraction of highly qualified specialists (and members of their families) is not subject to quotas for issuing invitations to enter Russia and quotas for issuing work permits, and the period for processing documents has been reduced. This follows from the provisions of paragraph 4.5 of Article 13 and paragraph 2 of Article 13.2 of the Law of July 25, 2002 No. 115-FZ.

Duration of the employment contract with VKS

This is due to the fact that an employment (civil) contract is included in the mandatory package of documents for obtaining a work permit for such a foreigner. When concluding an agreement with a highly qualified foreign specialist, two more features must be taken into account. Firstly, one of the mandatory conditions of an employment (civil law) contract with such a specialist must be the presence of:

• agreement (policy) valid on the territory of Russia health insurance both for the specialist himself and for his family members, foreign citizens (if they arrived in Russia with him);
• or an agreement between the employer and medical organization for the provision of primary health care and specialized medical care highly qualified specialist and his family members, foreign citizens.

We are hiring a highly qualified foreigner

At the same time, the employer has the right to submit an application for renewal of a work permit to the Federal Migration Service of Russia or its authorized territorial body both in writing and in electronic form using the Internet, including a single portal of state and municipal services. This is stated in paragraphs 17 and 17.1 of Article 13.2 of the Law of July 25, 2002 No. 115-FZ. Refusal to accept an application to extend the validity of a work permit is not permitted (except for the lack of necessary documents).

In this case, documents confirming the registration of a foreigner at the place of residence and with the tax office are not necessary. If there is no information about tax registration, the migration service independently requests it from the tax office.

Work permit for VKS (highly qualified specialists)

Require the Employee to conscientiously fulfill his duties under this employment contract. 3.1.2. Accept local acts, directly related to the Employee’s work activity, including labor regulations, labor protection requirements and labor safety. 3.1.3. Involve the Employee in disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

3.1.4. Encourage the Employee for conscientious, effective work. The employer has other rights provided for by the labor legislation of the Russian Federation and this employment contract. 3.2. The employer is obliged: 3.2.1. Provide the Employee with the work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee are appropriate regulatory requirements labor protection. 3.2.3.

The second option is associated with the use of intermediary services of the state employment service in accordance with employment legislation or private firms to assist in employment, taking into account the terms of the civil contract concluded with the employer. The employer independently selects performers according to business qualities, i.e., taking into account abilities, experience, their suitability for the work performed. At the same time, modern labor law consolidates a fundamental position, which is also confirmed judicial practice, that the employer exclusively independently makes decisions on filling existing vacancies and concluding an employment contract, legally excluding the possibility of influencing decisions that are not in line with his interests.

Chapter 11. Conclusion of an employment contract

A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance (payment of sick leave) in the period from the date of conclusion of the employment contract until the day of its cancellation (Article 61 of the Labor Code of the Russian Federation). It is prohibited to require the employee to perform work not stipulated by the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws (Art.

Labor Code, n 197-FZ | Article 67 Labor Code of the Russian Federation

Over time, the custom has developed to confirm the signatures of the employer or his representative using a seal, despite the fact that there is no corresponding requirement in the law. A special rule has been established for the form of an employment contract concluded with an employer - an individual who does not have the status of an individual entrepreneur. It provides that the employer, by notification procedure, registers the relevant agreement with the authority local government at the place of its registration (Art.
303 Labor Code of the Russian Federation). The law does not establish the consequences of failure to comply with such registration, as well as its impact on the validity of the employment contract. The Labor Code of the Russian Federation recognizes the conclusion of an employment contract as the actual admission of an employee to work, i.e., the implementation by the parties of implicit actions indicating their genuine desire to conclude an agreement.

Labor Code

If an employment contract is concluded by an employee for the first time, the employer is obliged to issue a work book for him at his own expense, provided that the employee has worked for him for more than five days and this work is the main one for him, and also to issue an insurance certificate for compulsory pension insurance. The work book is kept by the employer along with monetary documents, and is issued to the employee only on the day of his dismissal from work. If you lose your work book, it can be restored at your last place of work.
Detailed regulation of the rules for maintaining and filling out work books is carried out at the subordinate level1. Special documents that the employer has the right to demand from the employee are provided only by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

Employment contract form

Important

A work book is the main document about a citizen’s work activity, which contains information about the citizen’s age, specialty, qualifications, transfers to another job, grounds for dismissal from work, employee incentives and awards. Based on the information contained therein, in particular, the person’s length of service is determined for the purposes of labor law, as well as the insurance period necessary for the payment of temporary disability and maternity benefits. Every employer, with the exception of employers - individuals who do not have the status individual entrepreneurs, must lead work books for each employee.

Registration of hiring an employee

It is written in free form addressed to the head of the organization - the employer. An application for employment by an employee is accepted by the employer and registered in the manner established by the employer, for example, in the employee application register. Conclusion of an employment contract with the employee After the employer has reviewed the application of a candidate for a vacant position for employment, an employment contract is drawn up.
In accordance with paragraph 1 of Article 31 Labor Code Republic of Kazakhstan, an employment contract is concluded in writing in at least 2 copies and signed by the parties. The content of the employment contract is regulated by Article 28 of the Labor Code of the Republic of Kazakhstan.

Number of copies of the employment contract

The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed. (as amended by Federal Law No. 90-FZ of June 30, 2006) Article 64. Guarantees when concluding an employment contract Unreasonable refusal to conclude an employment contract is prohibited.
Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for by federal law. (edited)

Number of copies of the employment contract in the Republic of Kazakhstan

Attention

Code, other federal laws, collective agreement. The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months, unless otherwise provided by federal law. When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks.

The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period. Article 71.

The number of copies of an employment contract required by the Labor Code of the Russian Federation

Info

It is not permitted to refuse to conclude an employment contract solely on subjective criteria (pregnancy or the presence of children, belonging to a certain gender, race, nationality, religion, beliefs, place of residence and other circumstances) that are not related to the employee’s business qualities. The legislation also establishes additional requirements for the employer, obliging him in some cases to enter into an employment contract with certain persons against the established quota (for example, with disabled people). In any case, an unjustified refusal to conclude an employment contract (including when its conclusion is mandatory for the employer) can be challenged in court.

Article 63. Age at which it is permissible to conclude an employment contract. The conclusion of an employment contract is permitted with persons who have reached the age of sixteen years. In cases of receiving general education, or continuing to master the basic general education program of general education in a form of education other than full-time, or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm. their health. (edited)

The same circumstance does not give grounds to consider an employment contract as some kind of analogue public contract, enshrined in the norms of the Civil Code of the Russian Federation. That is why the need to enter into negotiations with the employee, the negotiations themselves, as well as the conclusion of an employment contract, are determined by the employer himself. Perhaps for this reason, the legislator did not establish detailed legal regulation of this procedure, thereby leaving a lot in the field of business customs.

For example, practice has developed a rule according to which, before concluding an employment contract, the employee contacts the employer with a written application, which is subject to registration. This rule is largely a tribute to the tradition preserved from Soviet times, when a citizen, with a corresponding statement, realized his own constitutional law for labor.

Number of copies of the employment contract left with each party

When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than 3 working days from the date of the employee’s actual admission to work (Article 67 of the Labor Code of the Russian Federation). On the part of the employer, the employment contract is signed either by the head of the organization or by a person , authorized by the head of the organization (executed by order or power of attorney). The signature of the manager is certified by a seal. On the part of the employee, the employment contract is signed by the employee himself. The employment contract is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer (Art.