Sample internal employment contract. Filling out an employment contract: sample

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is accepted to the Employer to perform work in a position in.

1.2. The employee is obliged to start work from "" 2019.

1.3. This employment contract comes into force from the moment it is signed by both parties and is concluded for an indefinite period.

1.4. The work under this contract is the main one for the Employee.

1.5. The place of work of the Employee is at: .

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to the General Director.

2.2. The employee is obliged:

2.2.1. Perform the following duties: .

2.2.2. Comply with the Internal Labor Regulations established by the Employer, production and financial discipline, conscientiously treat the execution of their official duties specified in clause 2.2.1. of this employment contract.

2.2.3. Protect the property of the Employer, maintain confidentiality, not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without the permission of his management.

2.2.5. Comply with the requirements of labor protection, safety and industrial sanitation.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay for the work of the Employee in the amount established in clause 3.1. of this employment contract.

2.3.4. Pay bonuses, remuneration in the manner and on the conditions established by the Employer, provide financial assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Employer in the manner established by the Regulations on remuneration and other local acts of the Employer.

2.3.5. Carry out compulsory social insurance of the Employee in accordance with the current legislation of the Russian Federation.

2.3.6. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.

2.3.7. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.

2.4. The employee has the following rights:

• the right to provide him with the work specified in clause 1.1. this employment contract;
• the right to timely and full payment wages;
• the right to rest in accordance with the terms of this employment contract and the requirements of the law;
• other rights granted to employees by the Labor Code of the Russian Federation.

2.5. The employer has the right:

• encourage the Employee in the manner and in the amount provided for by this employment contract, the collective agreement, as well as the terms of the legislation of the Russian Federation;
• involve the Employee in disciplinary and liability in cases stipulated by the legislation of the Russian Federation;
• exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of rubles per month.

3.2. When performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays etc. The corresponding additional payments are made to the employee:

3.2.1. Weekend work and non-working holidays are paid double.

3.2.2. An employee who performs for the same employer, along with his main job, stipulated by an employment contract, extra work in another profession (position) or acting as a temporarily absent employee without release from his main job, an additional payment is made for combining professions (positions) or performing the duties of a temporarily absent employee in the amount determined by the supplementary agreement to this contract.

3.2.3. Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Downtime due to the fault of the employer, if the Employee warned the employer in writing about the beginning of downtime, is paid in the amount of at least two thirds of the average salary of the Employee. Downtime for reasons beyond the control of the employer and the Employee, if the Employee warned the employer in writing about the start of downtime, is paid in the amount of at least two thirds of the tariff rate (salary). Downtime due to the fault of the Employee is not paid.

3.4. The conditions and amounts of payment by the Company to the Employee of incentives are established in the collective labor agreement.

3.5. The Employer pays wages to the Employee in accordance with the "Regulations on wages" in the following order: .

3.6. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee is given a five-day work week duration of 40 (forty) hours. Days off are Saturday and Sunday.

4.2. During the working day, the Employee is given a break for rest and meals from noon to noon, which work time does not turn on.

4.3. Labor of the Employee according to the position specified in clause 1.1. contract is carried out under normal conditions.

4.4. An employee is granted annual leave of 28 calendar days. Leave for the first year of work is granted after six months of continuous work in the Company. In cases provided for by labor legislation, at the request of the Employee, leave may be granted before the expiration of six months of continuous work in the Company. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid holidays established in this Company .

4.5. By family circumstances and others good reasons An employee, upon his application, may be granted a short-term leave without pay.

5. SOCIAL INSURANCE OF THE EMPLOYEE

5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

6. WARRANTY AND REFUND

6.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

7. RESPONSIBILITIES OF THE PARTIES

7.1. In case of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Rules of the internal labor regulations of the Employer, other local regulations of the Employer, as well as causing the Employer material damage he bears disciplinary, material and other responsibility in accordance with the labor legislation of the Russian Federation.

7.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

8. TERMINATION

8.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

8.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.

9. FINAL PROVISIONS

9.1. The terms of this employment contract are confidential and not subject to disclosure.

9.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

10. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:

11. SIGNATURES OF THE PARTIES

Employer _________________

Employee _________________

Labor contract

___________ "__" ______20__

__ / full company name of the organization or full name employer - an individual / __, hereinafter referred to as the "Employer", represented by ___ / position and full name. the head of the organization / ___, acting on the basis of the charter, on the one hand, and __ / full name / __, hereinafter referred to as the "Employee", on the other hand, have concluded this agreement as follows.

1. The Subject of the Agreement

1.1. The employee is hired as ___ / position, specialty, profession, qualification in accordance with staffing organization or specific labor function/__.
1.2. The place of work of the Employee is ___ / name of organization, structural unit / ___.
1.3. This employment contract is:
Option 1. contract for the main work.
Option 2. part-time contract.
1.4. The employee reports directly to ___ / full name, position / __
1.5. The rights and obligations of the parties are governed by this employment contract, collective agreements (agreements), internal labor regulations and legislation Russian Federation about labor.

2. Duration of the contract

Option 1. 2.1. This employment contract is concluded for an indefinite period and comes into force from the date of signing by the parties.
Option 2. 2.1. This employment contract is concluded for a period of __ / a specified period of not more than 5 years / __ is indicated.
2.2. The employee is placed on probation for ___ months.

3. Rights and obligations of the parties

3.1. The employee undertakes:
. conscientiously fulfill the labor duties assigned to him, provided for by the job description and this employment contract;
. comply with the requirements of labor protection rules, internal regulations, safety standards and sanitary and hygienic norms and rules;
. use the office equipment, equipment and materials transferred to him for work correctly and for the intended purpose;
. comply with the requirements of labor discipline, access control and intra-object mode;
. to ensure the safety of the documentation entrusted to him, not to disclose information that has become known to him by the nature of his activity, related to official, commercial and state secrets;
. immediately notify the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer.
3.2. The employee has the right to:
. providing him with work stipulated by this employment contract;
. change and termination of this employment contract;
. workplace corresponding to the conditions stipulated state standards organization and labor safety and collective agreement;
. timely and in full payment of wages;
. annual paid vacation;
. protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law.
In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount, except in cases where the labor legislation of the Russian Federation does not allow the suspension of work.
3.3. The employer is obliged:
. observe the legislation of the Russian Federation on labor and labor protection rules;
. provide the employee with work in accordance with the terms of this employment contract;
. ensure the protection of the employee's personal data;
. familiarize the employee and his representative against receipt with the documents of the organization establishing the procedure for processing the personal data of employees, as well as their rights and obligations in this area;
. provide the Employee with working conditions in accordance with the legislation of the Russian Federation on labor, including providing the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
. provide the Employee with special clothing, footwear and other means personal protection;
. carry out compulsory social insurance of the Employee in the manner prescribed by the legislation of the Russian Federation.
If the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer pays them with the payment of ______ percent of the amounts outstanding on time for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement inclusive.
3.4. The employer has the right to:
. change and termination of this employment contract in the manner and on the terms established by the legislation of the Russian Federation on labor;
. demand from the Employee the performance of labor duties and respect for the property of the Employer and other employees, compliance with the internal labor regulations of the organization;
. bring the Employee to disciplinary and financial liability in the manner and on the terms established by the labor legislation of the Russian Federation;

4. Working time and rest time

4.1. The employee is set an eight-hour working day from ____ to ___ hours.
4.2. An employee may be involved in overtime work in accordance with the procedure established by the labor legislation of the Russian Federation.
4.3. The employee is set a five-day work week with two days off: Saturday, Sunday.
4.4. Work on weekends and non-working holidays is carried out in compliance with the requirements of the legislation of the Russian Federation on labor.
4.5. A break for rest and meals is provided in accordance with the Internal Labor Regulations.
4.6. The employee is provided with an annual basic paid leave of ____ calendar days (at least 28 calendar days) in accordance with the vacation schedule.
4.7. An employee, upon his written application, may be granted leave without pay.

5. Pay

5.1. The Employer undertakes to pay the Employee an official salary (tariff rate) in the amount of _________ rubles per month. Payment of wages is made 2 times a month: _____ and _____ of each month.
5.2. The employee has the right, based on the results of his activities, to receive various allowances, additional payments, bonuses, and other remuneration in accordance with the remuneration system and the Regulations on bonuses in force in the organization.
5.3. Benefits and allowances are accrued to the Employee in accordance with the current labor legislation of the Russian Federation.

6. Change and termination of the employment contract

6.1. The terms of this employment contract can be changed only by agreement of the parties and in writing.
6.2. This employment contract may be terminated on the grounds and in compliance with the requirements provided for by the labor legislation of the Russian Federation.

7. Final provisions

7.1. In the event of a dispute between the parties to this employment contract, it is subject to settlement through negotiations between the Employee and the Employer. If no agreement is reached, the dispute shall be resolved in the manner prescribed by the legislation of the Russian Federation.
7.2. This contract is made in two copies, having equal legal force: one copy is kept in the Organization in accordance with the established procedure, the other is handed over to the Employee.

8. Addresses and signatures of the parties:

Employee:
____________/FULL NAME./_______________
passport of a citizen of the Russian Federation: 00 00 000000, issued on _________________________ ____________________________ 00.00.0000, subdivision code: 000-000,
registration address: ____________, st. ________________, d.__, apt.____.

Employee's signature _______________

Employer:
____/abbreviated trade name/______
The address: ______________________________________________
TIN _________KPP _________, account ______________________
BIK _____________, c/s ________________________________
/Position of the head/
__/FULL NAME. manager/___

Employer's signature_________________

You have access to the contract designer. Just log in to the 1C-Start portal and create your employment contract in 11 minutes. More detailed material on employment contracts below.

An employment contract is the main document confirming that the parties have entered into precisely labor relations between themselves, the characteristics of which are given in Art. 15 of the Labor Code of the Russian Federation. We considered other options for interaction between the employer (customer) and the employee (executor)

The essence of labor relations is that he personally performs a specific labor function for a specified fee under the control of the employer, and the employer provides payment, appropriate working conditions and social guarantees provided for by law. Please note that individual entrepreneurs must fulfill the same obligations as an employer as an organization, with a few exceptions (for example, redundancy payments).

Under an employment contract, an employee has the maximum possible rights and guarantees, and such an agreement requires the employer not only to pay on time and create working conditions, but also to draw up and store many personnel documents. We propose to consider in detail the documentary procedure for registering an employee in the state.

Mandatory individual employment contract

An employment contract must be concluded individually with each employee; when hiring, you cannot do without an order or an entry in. In reality, situations often arise when an employee actually works within the framework of an employment relationship, but an employment contract has not been concluded with him. This situation is a direct violation of labor laws.

According to Art. 67 of the Labor Code of the Russian Federation, when the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing not later than three working days from the date of commencement of work. If the employment contract was not executed in writing, then it is still considered concluded from the day when the employee started work with the knowledge or on behalf of the employer or his authorized representative.

If a situation arises when the employee actually works within the framework of an employment relationship without concluding an employment contract, and the employer assures that he does not know about this and refuses to recognize the relationship with this employee as labor, then the employee must still be paid for the time actually worked by him or completed work. Responsibility for this violation (up to criminal) is borne by the person who actually allowed the employee to work without the knowledge of the employer.

Of course, it is no secret to anyone that in Russia big number people work informally. Last year, the Government missed 20 million able-bodied citizens in the official labor market. Of course, these people have sources of income, and not all of them are illegal entrepreneurs. A significant part of them are just illegal workers for whom employers do not pay. insurance premiums and do not withhold income tax from them. It is easier for the state to solve this problem by holding employers accountable, so it is very likely that labor legislation will continue to tighten.

From January 1, 2015, Article 5.27 of the Code of Administrative Offenses of the Russian Federation on liability for violation of labor legislation is in force in a new version, according to which evasion or improper execution of an employment contract or the conclusion that actually regulates labor relations between an employee and an employer, entails the imposition of an administrative fine:

• on persons engaged in entrepreneurial activities without forming a legal entity, from five thousand to ten thousand rubles;
• on officials in the amount from ten thousand to twenty thousand rubles;
• for legal entities - from fifty thousand to one hundred thousand rubles.

The employment contract must necessarily indicate the information and conditions provided for in Article 57 of the Labor Code of the Russian Federation. Usually mandatory information fit into the preamble (header) of the employment contract, and these include:

• name of the employer-organization or full name of the employer-individual;
• Full name of the employee;
• TIN of the employer;
• information about the documents proving the identity of the employee and the employer - an individual;
• information about the representative of the employer who signed the employment contract, and the documentary basis of his authority;
• place and date of conclusion of the employment contract.

As you can see, this information is necessary in order to identify the parties to the employment contract, that is, that a particular employee starts working for a particular employer.

As for the terms of the employment contract, they can be divided into mandatory and voluntary, both are indicated in article 57 of the Labor Code of the Russian Federation. To mandatory conditions relate:

1. Place of work. What is meant by "place of work"? A simple question that can sometimes be confusing. There is no such definition in the Labor Code of the Russian Federation, it is only indicated that if an employee is accepted for work in a separate division of the organization (branch, representative office) located in another area, then his location must be indicated. In practice, the place of work in the text of the employment contract is prescribed in detail, for example, as follows: “Office of Lira LLC, located at the address: Moscow, st. Oktyabrskaya, 30. If the employer is an individual entrepreneur, then the place of work is indicated as IE "Ivanov P.R." with the addition of the address of the store, pavilion, warehouse, etc. In the case when the employee is not tied to work at a specific address, for example, is sales representative, a shift worker or travels to different facilities, then you can only indicate the name of the LLC or individual entrepreneur, adding that the work is traveling in nature.
2. labor function. Here the Labor Code of the Russian Federation gives a clear definition: work by position in accordance with the staffing table, profession, specialty indicating qualifications or a specific type of work assigned to the employee.
3. Work start date. If a fixed-term employment contract is concluded, then it is also necessary to indicate the period of its validity and the reasons for which it was concluded fixed-term contract. For example, like this: “This employment contract is urgent and is concluded on the basis of Article 59 of the Labor Code of the Russian Federation until the temporary absent permanent employee leaves parental leave.”
4. Terms of payment. Here they indicate the size of the tariff rate (salary), surcharges, allowances and incentive payments. If paid to a payment card, then this should be indicated in (if any) or in an individual employment contract.
5. The mode of working time and rest time must be prescribed only if for a given employee it differs from general rules internal labor regulations.
6. Guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in such conditions. These can be increased wages, additional paid leave, reduced working hours, therapeutic and preventive nutrition, early retirement, periodic medical examinations and preventive treatment.
7. Conditions that determine the nature of the work (if any), such as mobile, traveling, on the road, etc.
8. Working conditions in the workplace. For example: "The working conditions at the employee's workplace, according to the results of certification dated February 10, 2013, are recognized as safe." In 2014, the certification of workplaces was replaced by a special assessment of working conditions, if it has already been carried out by the employer, then you need to refer to it.
9. The condition on the mandatory social insurance of the employee. This refers to the payment for an employee of mandatory insurance contributions to the Pension Fund of the Russian Federation, the Compulsory Medical Insurance Fund and the Social Insurance Fund. Such a condition can be expressed in the phrase: "The employee is subject to all social benefits, guarantees and compensations established by the legislation of the Russian Federation and local acts of the employer."

If mandatory information or conditions were not included in the text of the employment contract, then this cannot be a reason to recognize it as not concluded or terminated. In this case, the Labor Code requires the contract to be supplemented, while the missing information is entered directly into the text, and the missing conditions are supplemented in the form of a written annex or additional agreement between the parties.

As additional conditions, you can specify other conditions that should not worsen the situation of the employee compared to the current legislation. This may be a condition on non-disclosure of commercial or official secrets, on the obligation of the employee to work for a certain period after training (if it was carried out at the expense of the employer), on additional insurance for the employee, improving the social and living conditions of the employee and his family members.

Standing apart among the additional conditions is test condition. As you can see, an employment contract imposes strict requirements on the employer to respect the rights of the employee, including limits on the possibility of terminating such an agreement. The test condition nevertheless gives the employer the opportunity to terminate the employment relationship with an employee whose business qualities do not meet the requirements of the position, specialty, qualification.

The possibility of testing is provided for by Articles 70 and 71 of the Labor Code of the Russian Federation, and it is understood as checking the compliance of an employee with the assigned work. The test condition is indicated by mutual agreement of the parties, in addition, such a condition is unacceptable for:

• pregnant women and women with children under one and a half years;
• elected positions or persons elected by competition;
• employees under the age of eighteen;
• those who first went to work in their specialty within one year from the date of receiving secondary vocational or higher education;
• persons invited to work in the order of transfer as agreed between employers;
• if the employment contract is concluded for a period of up to two months.

The trial period cannot be more than three months, and for heads of organizations and separate subdivisions, deputy heads, chief accountants and their deputies - six months, unless another period is stipulated by federal law. If the employment contract is concluded for a period of two to six months, then the test cannot be longer than two weeks. The period of probation does not include those periods when the employee was actually absent from work, including due to illness.

The result of the test may be a written warning to the employee about the termination of the employment contract, indicating the reasons why he was recognized as not having passed the test. The employee has the right to appeal such a decision in court. If the probationary period has expired, and the employee actually continues to work without receiving such a warning, then termination of the employment contract is allowed only on general grounds.

The employee can also inform the employer in writing that a particular job is not suitable for him. The deadlines for such messages from the parties to the employment contract are no later than three days before its termination.

The term of the employment contract

An employment contract may be concluded for an indefinite period or for a fixed period (no more than five years). Contracts with an indication of the validity period are called, but they can be concluded only in some cases provided for in Article 59 of the Labor Code of the Russian Federation:

• during the absence of a permanent employee;
• for temporary (up to two months) or seasonal work;
• when hiring in organizations that were created for a certain period or for a certain job;
• internship, vocational education, industrial practice;
• to an elected position or as part of an elected body and in some other cases.

By mutual agreement of the parties, a fixed-term employment contract may also be concluded by certain categories of employers and employees, such as:

• organizations and individual entrepreneurs with no more than 35 employees (in the field of retail trade and consumer services - 20 employees);
• with pensioners by age;
• with creative workers;
• with, deputy heads, chief accountants;
• with full-time students;
• and etc.

In all other cases, the employment contract must be concluded for an indefinite period, which, of course, is not always in the interests of the employer.

If the term of the fixed-term employment contract has expired, and the parties have not confirmed the termination of the employment relationship (that is, the employee was not fired due to the expiration of the contract), then, according to Rostrud, it is necessary to sign an additional agreement that the contract is concluded for an indefinite period.

Employment under an employment contract

The hiring of a full-time employee occurs in the following order:

1 .Acceptance and registration of a job application drawn up in free form. Such an application is mandatory only when registering state and municipal employees; for all other employees, it may not be submitted.

2 .Referral for a medical examination is also not mandatory in all cases. A document confirming the passage of a medical examination is required only for persons under 18 years of age and certain categories of employees: Food Industry, public catering, trade, health workers, those who work with children, workers employed in dangerous and harmful working conditions, and some others.

3 .Before the conclusion of an employment contract, the employer must, against signature, familiarize the employee with local (internal) regulations that are relevant to his work activity. These documents include:

• internal labor regulations
• salary and bonus regulations
• regulation on the procedure for processing the employee's personal data and guarantees for their protection
• regulation on the structural unit
• staffing
• job descriptions
• collective agreement, if any.

The question of whether the employee was familiar with the content of local documents before signing an employment contract sometimes even leads to litigation. In order not to be accused of violating labor laws, some personnel workers develop logs for familiarizing themselves with internal documents, which indicate not only the date, but also the exact time when the employee got acquainted with them.

It is not necessary to do this, you can simply write in the text of the employment contract in the section on the duties of the employee a similar phrase “... observe the rules of the labor schedule, requirements for labor protection and safety and other local regulations directly related to labor activity, with which the employee was familiarized against signature ".

4 .The employee must present the documents specified in Article 65 of the Labor Code of the Russian Federation:

• passport or other identity document;
• and an insurance certificate of state pension insurance, except when an employment contract is concluded for the first time or if the employee is a part-time employee;
• a document on education, qualifications or the availability of special knowledge (if the job requires such knowledge or special training);
• military registration documents - for those liable for military service or conscripts;
• certificate of no criminal record (for teachers and some other categories).

The employer cannot require other documents, unless it is provided for by special regulatory legal acts.

5 .Employer and employee sign an employment contract drawn up in two copies - one for each party. In the copy of the contract, which is kept by the employer, it is necessary to provide a place for one more signature of the employee "Copy of the employment contract received (a)". The signed contract is registered in a book or register of employment contracts, which is developed in any form.

6 .Based on the signed employment contract, an order for employment is issued. A sample of such an order is possible. The order is registered in the order registration book and presented to the employee within three days from the date of the actual start of work. The content of the order for employment or instructions on job responsibilities should not diverge from the terms of the individual labor contract.

7. The final step in admitting an employee to the state will be making an entry in and issuing an employee's personal card. Maintaining a personal file of an employee is mandatory only for state and municipal employees; in other cases, such a file may not be opened.

If the employer keeps personal files of employees, then the employee must have a folder with an internal inventory of documents. An autobiography, a questionnaire, a resume, an application for employment, recommendations and characteristics, medical certificates, copies of documents submitted for employment, an employment contract, an extract from an employment order, a personal card and other documents are placed in such personal files, related to work activities.

Errors when concluding an employment contract

The position specified in the employment contract is not registered in the staff list of the employer. - this is an internal document that contains a list of structural units (for example, administration, sales department, warehouse) and job titles (for example, Chief Engineer, mechanical engineer, maintenance engineer). In addition, the staffing table provides data on the number of staff units, the tariff rate or salary, allowances, if any, and the monthly payroll. It is impossible to accept an employee for a position that is not included in the staff list. This is also indicated by Art. 57 of the Labor Code of the Russian Federation, and court decisions, and letters from Rostrud.

If a specific labor function is related to the provision of compensation, benefits or imposes restrictions, then the name of such position, profession or specialty should be spelled out in the same way as in qualification guides. There are two such directories: one for workers, the other for managers, specialists and employees, they were approved by Decree of the Government of the Russian Federation of October 31, 2002 No. 787. Positions and specialties not listed in the qualification directories can be called arbitrarily, but they must reflect what What job function will the employee perform?

The employment contract does not directly specify the amount of salary or tariff rate. It is not allowed in the employment contract to indicate the amount of wages by referring to another document, for example, to the staffing table. If in the text of an already existing contract the condition on remuneration is not explicitly spelled out, but in the form of the text “... remuneration according to the staffing table”, then an additional agreement must be concluded to such an agreement, where the salary will be indicated directly.

Wrong order of payment of bonuses. The point that some employers do not pay due attention to is the wording of the payment of bonuses and other additional payments. For example, an employer simply specifies a fixed amount of bonus in an employment contract without linking its payment to specific conditions. In this case, it becomes a mandatory part monthly payments, that is, in fact, part of the salary. To claim this bonus, the employee can apply to the court, which will support him. To avoid such situations, it is necessary to formulate a bonus clause indicating the bonus period (based on the results of the month, quarter, half year, year) and some kind of production condition (for example, if a certain sales or production volume was reached).

Employment contract stipulates material penalties. Sometimes employers prescribe in the contract deductions from the employee’s salary for being late, not fulfilling the plan, non-compliance labor discipline or house rules. Such conditions are not allowed. Penalties for employees can only be of a disciplinary nature - a remark, a reprimand,

Withholding from the employee's salary in favor of the employer can only be the amount of accountable money, unspent and not returned travel allowances, overpayment of earnings due to a counting error, unworked advance payment, causing material damage to the employer, and then - no more than 20% of the salary.

An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the enterprise.

It is the employment contract with the employee that legally formalizes the obligations and rights of the participants in the process.

General information

Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunities to draw up various kinds of agreements using one or another sample of an employment contract with an employee. At the same time, various conditions may be reflected in the papers.

The most common form of employment contract with an employee

Most often, as shown legal practice agreements are made with a specialist. This employee means an employee who has certain knowledge that allows him to perform one or another activity in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any features for regulating the work of a specialist.

However, in practice, such agreements have their own characteristics. In this regard, they are allocated to a separate group along with contracts signed with managers, employees, top managers. This category is allocated to a separate group in the qualification (single) directory of positions.

Classification is made in accordance with the nature of the work performed predominantly. They are the content of the work of the employee. So, for example, organizational administrative functions are typical for the position of a manager. Specialists perform analytical and constructive activities. The duties of employees include information and technical tasks.

Design features

The labor functions of workers determine the features of the agreements concluded with them. The position for which the employee is accepted has qualifications (categories). Their indication in the agreement is mandatory. A particular model of an employment contract with an employee includes sections or appendices that indicate what skills and knowledge the future employee should have.

Basic information

The conclusion of an employment contract with an employee involves the indication of certain information about the future employee and details of the enterprise. In particular, the surnames, first names, patronymics and addresses of the employer and the employee are entered. You must also indicate the date of admission of the employee. If a fixed-term employment contract is concluded with an employee, then the period for which the specialist is hired is indicated.

Probation

The maximum period for an employee can be three months (if he was not selected as a result of the competition). An exception is considered to be persons who graduated from institutions of higher, primary and secondary vocational education, received state accreditation and enter the service in their specialty for the first time within a year from the date of completion of training.

At the same time, for a number of categories, for example, chief accountants or their deputies, a trial period of six months may be established. The legislation also defines some groups of citizens who are hired for special conditions. In particular, pregnant women, minors and some other categories of workers do not go through a probationary period.

Wage

Any sample employment contract with an employee provides for a section that indicates the amount of payment for his activities at the enterprise. The salary, as a rule, is the official salary. It is a monthly deduction, the amount of which depends on the qualifications, business qualities and the position to which the employee is assigned. The official salary is used at enterprises to pay employees, specialists, managers.

It is also used as the basis for the calculation of bonuses, allowances and surcharges. The contract may contain information about additional payments. Their size is determined by agreement of the parties. When drawing up an employment contract with an employee, the employer indicates a certain amount of the official salary. If the manager intends to pay a small amount at first and then increase it over time, then this fact should be contained in the agreement. In the absence of such information, the employer is not responsible for the failure to fulfill these promises.

Mode of activity and rest

The work schedule of an employee is determined by the expediency for the enterprise. The mode of activity may have an irregular character. Explanations on this matter are contained in Art. 101 of the Labor Code of the Russian Federation. In accordance with the provisions, workers on an irregular schedule may be periodically involved by the employer in the performance of their duties outside the normal working hours. The law says that the list of employees carrying out their activities in this mode should be established by a collective agreement, contract or internal regulations at the enterprise. Six- and five-day weeks or a shift schedule are also common.

Compensation and guarantees

Quite often, an enterprise makes an obligation to fulfill its requirements in an employment contract with an employee. These include, in particular, medical care provided free of charge, or a convenient schedule. At the same time, the employee assumes certain obligations in which the enterprise is interested.

For example: do not quit for a certain period, act as a mentor in relation to a specified number of young professionals, and so on. The terms of the agreement impose certain and in some cases quite severe restrictions on both the employer and the employee. At the same time, the provisions prescribed in the contract contribute to the retention of valuable personnel, the maximum use of the experience of employees and their knowledge in the training of new specialists.

Filling out the agreement

An employment contract with an employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement on the performance of any activity is not legally binding. The form of an employment contract with an employee contains the following appendices:

• Schedule.
• Job instruction.
• List of prices for work.
• Agreement on non-disclosure of confidential information.

Related documents are also being prepared. This, in particular, may be an additional employment contract with an employee. Such an agreement, for example, is necessary in the event of a reduction in the salary of an employee. Registration of the employment contract itself and additions to it is carried out in the appropriate register.

The drawn up agreement comes into force immediately from the moment of registration or, if it is indicated, on the day when the employee must begin to perform duties. If the employee did not appear at the workplace within seven days without a good reason, the employer has the right to terminate the contract unilaterally.

Special category of employees

Of course, the company is not interested in unskilled personnel. But often there are situations when, in order to save money on positions that do not require special professional skills, various companies- small, large - accept minor workers.

By law, an agreement can be concluded with a person who has reached the age of 16. However, in some cases, an employment contract with a minor worker may be drawn up at an earlier age. An apprentice can be hired by an enterprise if he has left educational institution until they receive their general education. Moreover, his age can be 15 years.

With the consent of one of the parents or the guardian and the guardianship authority, an employment contract may be concluded with a fourteen-year-old student. The agreement involves the performance of light activities that do not disrupt the learning process and do not cause harm to health.

In theaters, organizations associated with cinema and concerts, in the circus, it is allowed to hire employees under the age of 14. For the implementation of activities, the consent of the parents or guardians and the guardianship authority is required. Work must not be detrimental to the health of minors and hinder their moral development.

Features of activity regulation

Regulates the procedure for hiring and concluding an employment contract Art. 265-272 of the Labor Code, as well as a collective agreement. In these articles, the legislation establishes the regimes of rest and activities of employees under the age of 18, the conditions for its implementation, official salary, and so on. Any sample employment contract with an employee must comply with all applicable laws.

Termination of the Agreement

Termination of an employment contract with an employee under the age of 18 is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations in the recruitment of an employee. For example, an employee under the age of 18 was hired to perform a heavy, dangerous or harmful labor, to a store selling alcohol, to a nightclub and so on.

Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except in the case of termination commercial activities or liquidation of an enterprise), in addition to observing the general current procedure, is allowed only with the consent of the state inspectorate and the commission on minors.

Additional Information

An employment contract with an individual entrepreneur is drawn up similarly to what is drawn up with an organization. The agreement must also be in duplicate and signed by both parties. An employee can start work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, as well as with individual entrepreneur, may contain applications.

Required package of documents

Article 65 of the Labor Code of the Russian Federation establishes the required list of securities. The list includes:

• Passport or other document that proves your identity.
• Employment history. An exception is cases when an employment contract is drawn up for a part-time employee or an employee begins his professional activity for the first time.
• Insurance certificate.
• For those liable for military service - accounting documents.
• Certificate of education, qualifications, special knowledge (in the case when the activity requires special training).

If a citizen is applying for a job for the first time, then employment history and PFR insurance are issued by the employer. The employee must be familiar with the internal regulations at the enterprise, safety regulations and other local regulations.

Duration of the agreement

In accordance with the law, an employment contract can be drawn up for a fixed period or be indefinite. This provision is governed by Art. 58 TK. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. The agreement may or may not specify a period of validity. In this case, the contract is said to be indefinite. For a certain period, an agreement is drawn up in a number of cases. These include, in particular:

• Replacement of an absent employee. In this case, a temporary contract is drawn up. A place is reserved for an absent employee.
• Performance of seasonal activities (up to 2 months).
• Internship or vocational training for an employee.
• Employment with an entrepreneur or small business.
• Compatibility.
• Employment of pensioners by age or persons with disabilities due to health reasons.

The agreement terminates upon the expiration of the period specified in it. Three days before the end of the period, the employer is obliged to warn the employee about the end of the activity. The notification is made in writing. If at the end of the specified period the parties did not declare termination, the agreement is considered to be drawn up for an indefinite period.

Download a standard form of an employment contract between an employee and an individual employer

Download a fixed-term employment contract with an employee

Download the form of the collective agreement

Download an employment contract with an employee

The basis for the emergence of labor relations is an employment contract.

Article 56 Labor Code The Russian Federation (hereinafter referred to as the Labor Code) an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing norms labor law, the collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement in the interests, under the management and control of the employer, the internal labor regulations in force at this employer. The basis for the emergence of labor relations is an employment contract.

Form of employment contract

The law does not provide for a unified form for such documents, so the employer can draw them up in any form.

The employment contract is drawn up in writing and drawn up in two copies, each of which is signed by the parties.

One copy of the termless (or temporary) employment contract is transferred to the employee, the other is kept by the employer. An agreement that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. The employer is obliged to draw up a standard contract with him in writing no later than three working days from the date of the actual admission of the employee to work.

The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.
The form of an employment contract can be drawn up not only on paper, but in electronic form. The exchange of documents in electronic form between employers and employees is carried out using information and telecommunication networks common use, including the Internet.

An employment contract must necessarily contain the conditions specified in Article 57 of the Labor Code. At the same time, the non-inclusion of any mandatory conditions in the employment contract is not a basis for recognizing it as not concluded or for terminating it. In this case, the contract must be supplemented by the missing conditions by drawing up an addendum. employment contract agreements.

The subject of both an open-ended and a temporary employment contract is the personal performance of a certain kind of work, i.e. individual labor process, its organization and conditions (in contrast to civil law contracts, the subject of which is the result of labor).

The form of the employment contract must indicate that the employee must perform work related to his function (work in a certain specialty, qualification or position), while adhering to the internal regulations in force in this organization. At the same time, the employer undertakes to provide certain working conditions provided for by law and the agreement.

The parties to the employment contract are: as an employer - an enterprise of any form of ownership, an institution, an organization, individual citizens; as an employee - citizens who have reached the age of 16 (in exceptional cases, 15 years); students who have reached the age of 14 - in the cases and in the manner prescribed by law.

As employers, they have the right to conclude and sign completed forms of temporary and indefinite employment contracts individuals persons who have reached the age of 18, provided that they have full civil capacity, as well as persons who have not reached the specified age - from the day they acquire civil capacity in full (Article 20 of the Labor Code of the Russian Federation).

The essential conditions that are mandatory for inclusion in the form of an employment contract are (Article 57 of the Labor Code of the Russian Federation):

— Place of work- the name and location of the organization where the employee is accepted. If the structural divisions of the organization are located in different localities and administrative districts, then the place of work when concluding an employment contract is specified in relation to these structural divisions. Since the place of work is a necessary contractual condition, its change is possible only by mutual agreement of the parties.
— Labor function- the type of work in accordance with the qualifications for a particular profession (position) that the employee must perform. The type of work remains unchanged for the duration of the temporary employment contract. The employer does not have the right to require the employee to perform work not stipulated by the contract.
— Start date(and the date of its end, if a fixed-term (temporary) employment contract is concluded). Start time is necessary condition and is of significant importance, since from that moment on the employee is covered by the legislation on remuneration. Usually, the start of work follows immediately after the conclusion of the contract. However, the parties may agree on some delay in this moment. If the term is not specified, then such an agreement is considered an open-ended employment contract.
—Terms of payment(including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments). The wage condition must also be considered as essential, and it must be indicated in the form of the employment contract, otherwise such a document cannot be considered concluded. In accordance with Article 129 of the Labor Code of the Russian Federation, tariff rates, salaries, as well as tariff-free system if the organization considers such a system to be the most appropriate.
— Other conditions provided for by Article 57 of the Labor Code of the Russian Federation.

In addition, the document must be noted if it is concluded for a while seasonal work if it is urgent (temporary) or part-time.

The form of an open-ended employment contract may contain additional conditions, for example (Article 57 of the Labor Code of the Russian Federation):

- on the establishment probationary period,
- about non-disclosure of secrets protected by law,
- about combining professions (positions),
— on the types and conditions of additional employee insurance,
- on improving the social and living conditions of the employee and his family members,
- on the obligation of the employee to work after training for at least the period established by the employment contract, if the training was carried out at the expense of the employer,
- on the duration of additional leave, as well as other conditions that do not worsen the position of the employee in comparison with the Labor Code of the Russian Federation, laws and other regulatory legal acts (Article 57 of the Labor Code of the Russian Federation).

The standard form of an employment contract with an employee contains the following appendices:
— Job description;
- Schedule;
— Agreement on non-disclosure of confidential information.

The form of the employment contract contains the following related documents:
- Supplementary agreement.

Features worth paying attention to

When hiring a new employee for a permanent job, in his employment contract, indicate the specific amount of salary (tariff rate) in rubles. It is not advisable to write down the phrase “the employee’s salary is set according to the staff list” in the employment contract.

The fact is that if you make such a reference in the employment contract to the staffing table, it will become an integral part of this employment contract. In such a situation, each time you will have to acquaint the employee under signature with the staffing table and with all the changes in it.

In addition, difficulties may arise with the execution of an order for hiring an employee, since the lines of form No. T-1 "s tariff rate(salary)”, “surcharge” are designed specifically for writing in numbers. The same applies to filling out Form No. T-1a.

An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.

Numbering of employment contracts

In practice, the question often arises: is it necessary to number employment contracts? The legislation does not provide a clear answer to this question.

Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete, coach, must additionally contain mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The number of the employment contract is not among the mandatory information.

At the same time, some unified forms of documents for accounting for labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correct filling documents, it is advisable to assign numbers (put down numbering) to employment contracts.

The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such explanations are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.

EMPLOYMENT CONTRACT No. _____

____________________ "____" ___________ 2018
(place of compilation)

(Name of organization, enterprise, etc.) hereinafter referred to as the Employer, represented by (position, full name) acting on the basis of (charter, regulation, power of attorney) on the one hand, and citizen (ka) of Russia (Surname , name, patronymic, data of a passport or a document replacing it) hereinafter referred to as (May) the Employee acting in their own interests and on their own behalf, on the other hand, have concluded this employment contract (hereinafter referred to as the Contract) as follows:

1. GENERAL PROVISIONS
1.1. An employee is hired
— to the enterprise as (profession, qualification);
-for the position
to perform the following job duties (brief description).
1.2. Place of work of the Employee - ____________ (address of the organization).
1.3. The employee is hired in (department, subdivision) of the organization of the Employer.
1.4 The employee reports directly to the manager ___________________________.
1.5. Work under this employment contract is for the Employee ________ (main, external (internal) part-time job)).
1.6. The employment contract is concluded between the Employer and the Employee for a period of time (delete the unnecessary)
- for ______ year (month) and is valid from "__" _________ 2018 to "__" ___________2018;
- For undefined period;
- for the duration of the work stipulated by this Agreement.
1.7. This employment contract comes into force from the day the Employee is admitted to work, as determined by clause 1.7 of the contract.
1.8. The start date of work is from "__" _________ 2018.
1.9. The Employee is set a trial period of _____ months in order to verify the compliance of the Employee with the assigned work.
1.10. Fulfilling his immediate labor duties in accordance with this Agreement, the Employee will proceed from the Charter (Regulations) of the enterprise, the internal labor regulations in the organization.

2. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
2.1. The employee has the right to:
2.1.1. Providing him with work stipulated by this employment contract.
2.1.2. Ensuring safety and working conditions that meet the regulatory requirements of labor protection.
2.1.3. Timely and in full payment of wages in accordance with the qualifications, complexity, quantity and quality of work performed.
2.1.4. Complete and reliable information about working conditions and labor protection requirements at the workplace. The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
2.2. The employee is obliged:
2.2.1. Conscientiously fulfill their labor duties assigned to him by this employment contract and job description.
2.2.2. Comply with the labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer that are directly related to the work of the Employee, with which the Employee was familiarized under signature before signing this employment contract.
2.2.3. Observe labor discipline.
2.2.4. Take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees.
2.2.5. Immediately notify the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property), the property of other employees. The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract and job description.
2.2.6. Do not disclose, without the consent of the immediate supervisor, the scientific, technical and other commercial and confidential information obtained during the work.

3. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
3.1. The employer has the right:
3.1.1. Require the Employee to conscientiously fulfill the obligations under this employment contract.
3.1.2. Adopt local acts directly related to the work activity of the Employee, including labor regulations, labor protection and labor safety requirements.
3.1.3. Bring the Employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws.
3.1.4. Encourage the Employee for conscientious efficient work. The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
3.2. The employer is obliged:
3.2.1. Provide the Employee with work stipulated by this employment contract.
3.2.2. Ensure the safety and working conditions of the Employee in accordance with the regulatory requirements of labor protection.
3.2.3. Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties.
3.2.4. Pay in full the wages due to the employee on time.
3.2.5. To process and ensure the protection of the Employee's personal data in accordance with the legislation of the Russian Federation.
3.2.6. To acquaint the Employee against the signature with the adopted local regulations directly related to his work activity.
3.2.7. Provide for the daily needs of the Employee related to the performance of their labor duties.
3.2.8. Pay for the training of the Employee in case of production necessity in order to improve his qualifications. The employer performs other duties stipulated by the labor
legislation and other regulatory legal acts containing the norms
labor law, collective agreement, agreements, local regulations
acts and this employment contract.
4. PAYMENT AND SOCIAL GUARANTEES
4.1. For the performance of labor duties stipulated by this employment contract, the Employee is established:
- official salary in the amount of ________ rubles. per month.
- percentage of sales ____;
- (Further).
4.2. The payment of bonuses and remuneration to the Employee is carried out in the manner established in the Regulations on remuneration, with which the Employee is familiarized when signing this employment contract.
4.3. Payments of wages to the Employee are made at least every half a month on time and in the manner established by the Regulations on wages and other local regulations of the Employer.
4.4. Salary to the Employee is paid by:
- issuance of cash from the cash desk;
- by transfer to the current account in the bank _____________.
- (Further).
4.5. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4.6. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.

5. WORKING AND REST TIME
5.1. The employee is set a (normalized, non-standardized) working day.
- normalized.
The employee is assigned a 5-day working week of 8 (eight) hours. Days off are Saturday and Sunday.
- unregulated.
The monthly (weekly) norm of working time is _______ hours. The normal duration of the working day should not exceed 8 (4) hours per day. Breaks for rest and meals are not included in working hours. Overtime overtime is paid at the rate of ________ per hour.

5.2. The employee is provided with an annual basic paid leave of _______ calendar days. The right to use the leave for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties and in accordance with the labor legislation of the Russian Federation, paid leave may be granted to the Employee before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.
5.3. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay. The duration of the specified leave is determined by agreement of the Parties and in accordance with the labor legislation of the Russian Federation.
6. SOCIAL INSURANCE
6.1. An employee is subject to compulsory social insurance (pension, medical, industrial accidents and occupational diseases) in accordance with the Labor Code of the Russian Federation and other federal laws.
7. OTHER TERMS OF THE EMPLOYMENT CONTRACT
7.1. The Employee undertakes, during the term of this employment contract and after its termination for _______ years, not to disclose a commercial secret protected by law, which became known to the Employee in connection with the performance of his labor duties. The Employee must be familiarized with the list of information constituting a commercial secret protected by law against signature.
7.2. In case of violation of the procedure for using and unlawful disclosure of information specified in clause 7.1 of this agreement, the relevant guilty Party to the agreement is obliged to compensate the other Party for the damage caused.
8. RESPONSIBILITY OF THE PARTIES TO THE EMPLOYMENT CONTRACT
8.1. The Employer and the Employee are responsible for non-fulfillment or improper fulfillment of the assumed duties and obligations established by this employment contract, local regulations of the Employer, and the legislation of the Russian Federation.
8.2. For committing a disciplinary offense, that is, non-performance or improper performance by the Employee through his fault of the labor duties assigned to him, the Employee may be subject to disciplinary sanctions provided for in Article 192 of the Labor Code of the Russian Federation.
8.3. The Employer and the Employee may be brought to material and other types of legal liability in cases and in the manner provided for by labor legislation and other federal laws.
9. AMENDMENT AND TERMINATION OF AN EMPLOYMENT CONTRACT
9.1. Each of the Parties to this employment contract has the right to raise with the other Party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the Parties, are drawn up by an additional agreement, which is an integral part of the employment contract.
9.2. Amendments and additions may be made to this employment contract by agreement of the Parties also in the following cases:
when changing the legislation of the Russian Federation in the part affecting the rights, obligations and interests of the Parties, as well as when changing the local regulations of the Employer;
in other cases provided for by the Labor Code of the Russian Federation.
9.3. If the Employer changes the terms of this employment contract (with the exception of the labor function) for reasons related to changes in organizational or technological working conditions, the Employer is obliged to notify the Employee in writing no later than two months before they are changed (Article 74 of the Labor Code of the Russian Federation) . The Employer is obliged to notify the Employee personally and against signature of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees at least two months before the dismissal.
9.4. This employment contract is terminated only on the grounds established by the Labor Code of the Russian Federation and other federal laws. Upon termination of the employment contract, the Employee is provided with guarantees and compensations provided for in Chapter 27 of the Labor Code of the Russian Federation, as well as other norms of the Labor Code of the Russian Federation and other federal laws.
10. FINAL PROVISIONS
10.1. Labor disputes and disagreements of the Parties regarding compliance with the terms of this employment contract are resolved by agreement of the Parties, and in case of failure to reach an agreement, they are considered by the commission on labor disputes and (or) the court in the manner prescribed by the legislation of the Russian Federation.
10.2. In the part not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation.
10.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the Employee's personal file, the second one is kept by the Employee.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Employer:
The address:
Tel.:
TIN / KPP
r/s
in the bank
f/s
BIC
OKPO

Employee:
Passport:
Registration address:
TIN:
SNILS:

Signatures of the parties to the employment contract:

Employer Employee

Signature I. O. Surname Signature I. O. Surname

Updated: November 2018