Employment contract 2020 sample free download with employee, individual entrepreneur form

10.02.2020

The concept of “Employment contract” and “Parties to the employment contract” is defined in Article 56 of the Labor Code of the Labor Code of Russia (LC RF). 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 stipulated labor function, ensure working conditions provided for by labor legislation and other regulatory legal acts containing standards 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 determined by this agreement in the interests, under the management and control of the employer, to comply with the internal rules labor regulations valid for this employer.The parties to the employment contract are the employer and the employee.

Download: employment contract form, sample, form

Labor Code does not define specific form or a sample employment contract. The law only defines the form for micro-enterprises (from 01/01/2017).

Download the form (sample):

Other options for downloading an employment contract (all in word, doc):

The forms are approximate.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. Agreements between individual entrepreneurs (individual entrepreneurs), organizations (LLC, JSC, etc.) and employees are presented. Formsemployment contract with the director, accountant, seller, driver, see this .

Standard form of an employment contract for micro-enterprises

Standard form of employment contract for micro-enterprisesapproved by Government Decree Russian Federation dated 08/27/2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises”,as amended by Decree of the Government of the Russian Federation dated November 15, 2019 No. 1458 “On amendments to certain acts of the Government of the Russian Federation.”

The document begins to be valid: 01/01/2017.

Effective date of the latest edition: 11/20/2019.

On changes in the TD form according to the resolutiondated 11/15/2019 No. 1458 (excerpt): In paragraphs 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that relates to micro-enterprises, approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 “On the standard form of an employment contract concluded between an employee and the employer - a small business entity that belongs to micro-enterprises" (Collected Legislation of the Russian Federation, 2016, No. 36, Art. 5414), replace the words "insurance certificate of compulsory pension insurance" with the words "insurance number of an individual personal account in the individual (personalized) system accounting".

New on the topic

New from 02/10/2020: If an employee wants to have a paper work book and an electronic work book, then he does not need to submit two applications. Experts from 1C came to this conclusion. Source: buh.ru

clarified whether the employer is obliged to draw up or translate an employment contract into the native language of a foreign worker.

New from 12/27/2019: Experts from Rostrud explained whether an organization can conclude a preliminary employment contract that would oblige the parties to enter into a main employment contract in the future (Excerpt: labor legislation does not provide for the conclusion of a preliminary employment contract. Labor relations must be formalized only by an employment contract).

New from 04/04/2019: The Ministry of Labor of the Russian Federation, in letter dated 03/07/2019 No. 14-2/B-139, reports that an employer can dismiss an employee upon expiration of the employment contract, even while the employee is on vacation or during a period of temporary disability.

New from 12/28/2018: The Ministry of Labor in letter dated November 12, 2018 No. 14-1/OOG-8602 reports that the payment wages before the scheduled date does not violate the rights of workers.

New from 12/14/2018: E Rostrud experts report that pOnly a court can recognize a fixed-term employment contract as indefinite (withA fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a certain period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (Part 5 of Article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk regionalthe court, in an appeal ruling dated June 27, 2018 in case No. 33-4045/2018, allowed employers not to index employees’ salaries (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that reduce wages temporarily probationary period not possible, according to requirementsPart 3 of Article 70 of the Labor Code of the Russian Federation.

New from 10.30.2018: Rostrud experts in the Rostrud report with guidance on compliance The mandatory requirements of legal acts for the third quarter of 2018 are explained and reported by:

When can the term of an employment contract be extended using an additional agreement?

When an employment contract includes conditions for providing leave;

The position in the employment contract does not always have to correspond to the qualification reference books.

New from 07/31/2018: The Russian Government in Resolution No. 873 dated 07/26/2018 introduced amendments to the standard form of an employment contract with the head of a state (municipal) institution.

New from 03/30/2018: MIntrud of the Russian Federation in letter dated March 21, 2018 No. 14-2/B-191 clarifies whether numbering of employment contracts is mandatory commercial organization, and what numbering system can be used.

New from 03/19/2018: The Ministry of Labor of the Russian Federation, in letter dated 03/05/2018 No. 14-2/B-148, clarified how the personnel registration of workers involved in work for which various restrictions are defined by law is carried out.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru

New from 10/31/2017: The Russian Ministry of Labor, in letter dated 10/18/2017 No. 14-2/B-935, clarifies the procedure for collecting from an employee amounts spent on his training in the event early termination employment contract.Excerpt: "When dismissed without good reasons Before the expiration of the period specified in the employment contract or in the agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2/B-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to find employment in competing companies (the Employer does not has the right to restrict the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in letter dated October 18, 2017 N 14-2/B-935, clarifies how the termination of an employment contract concluded with a temporary employee while the main employee is on sick leave (when the term of termination of the employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor the absence of mandatory conditions in the employment contract (Article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message from Rostrud.

New from 07/13/2017:
The Russian Ministry of Labor, in letter No. 14-1/B-591 dated June 30, 2017, explained which clauses a micro-enterprise can exclude from a standard employment contract. More details on this one.

Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Resolution No. 858 of August 27, 2016 approved a standard form of an employment contract, including various options completing individual terms and conditions. The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the Development of Small and Medium Businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph “b”) and for the purpose of implementing the Federal Law of July 3, 2016 No. 348-FZ “On amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises” (hereinafter referred to as Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer, a small business entity classified as a micro-enterprise, has the right not to adopt local regulations containing labor law standards (internal labor regulations, regulations on wages, shift schedules, etc.). At the same time, the terms and conditions that, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual terms and conditions. This will ensure flexibility in regulating labor relations, taking into account the specifics of the activities of a particular employer.
The standard contract form includes special conditions applicable to remote and home workers, which are not used in other cases.
The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of workers working for employers - small businesses, which are classified as micro-enterprises.

The employment contract specifies:
surname, name, patronymic of the employee and name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
information about documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
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.
The following conditions are mandatory for inclusion in an employment contract:
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 - place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If in accordance with this Code, other federal laws Since the performance of work in certain positions, professions, specialties is associated with 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 qualification reference books, approved in the manner established by the Government of the Russian Federation, or corresponding to the provisions of professional standards;
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the amount tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);
working hours and rest hours (if for a given employee it differs from general rules, operating with this employer);
guarantees and compensation for work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of the employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or for its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, in particular:
on clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
about the test;
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and his family members;
on clarification, in relation to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for employees.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements . Failure to include any of the specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Concept Fixed-term employment contract is introduced in Article 59 of the Labor Code of the Russian Federation.

According to Article 60 of the Labor Code of the Russian Federation Prohibition to demand performance of work not stipulated by the employment contract, except for cases provided for by this Code and other federal laws.

In Article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job). The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

In article 60.2. The Labor Code of the Russian Federation talks about: Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

Article 61 of the Labor Code of the Russian Federation defines:Entry into force of the employment contract

An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin execution labor responsibilities from the date specified in the employment contract.
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.
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the 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 in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.

You will find a completed sample employment contract with various categories of employees, available for download, in this article. Using specific examples, we will show how to fill out the document correctly, taking into account the requirements of the law and business etiquette.

The legislation does not provide for a unified form of employment contract. It is compiled in any form.

Draw up an employment contract online in the BukhSoft program. It takes into account the specialty and working conditions of any employee. The contracts fully comply with the requirements of Rostrud. Relevance has been confirmed by BukhSoft program experts.

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Samples of employment contracts

In this section, we have collected samples of employment contracts with various categories of workers, relevant for 2019. They will save you from offensive fines and protect you from mistakes. Relevance has been confirmed by BukhSoft program experts. Download for free:

"On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises"

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION
dated August 27, 2016 N 858

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

2. The Ministry of Labor and Social Protection of the Russian Federation must provide explanations on the use of the standard form approved by this resolution.

3. This resolution comes into force on the date of entry into force of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises.”

Chairman of the Government
Russian Federation
D. MEDVEDEV

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

STANDARD FORM of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises _______________________________________ "__" __________ ____ (place of conclusion (date of conclusion) (city, locality) _________________________________________________________________, (full name of the employer) hereinafter referred to the employer, represented by _____________________ _________________________________________________________________, (information about the employer’s representative - last name, first name, patronymic, position of the person authorized to represent the employer in labor relations) acting on the basis of _______________________________________, (the basis by which the employer’s representative is vested with the appropriate powers - constituent documents legal entity indicating the date of their approval, a local regulatory act (if any), a power of attorney indicating by whom and when issued, other) on the one hand, and _____________________________________________, (last name, first name, patronymic of the employee) hereinafter referred to as the employee, on the other hand, hereinafter referred to as the Parties, guided by the Labor Code of the Russian Federation (hereinafter referred to as the Code), federal laws and other regulatory legal acts containing labor law standards, have concluded this employment agreement as follows. I. General provisions 1. The employer provides the employee with work: ___________________________________________________________________ (name of position, profession or specialty indicating qualifications) and the employee undertakes to personally perform specified work in accordance with the terms of this employment contract. 2. The employee is hired: ___________________________________________________________________ (the place of work is indicated, and if the 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) 3. Additional terms (to be filled in if necessary) ___________________________________________________________________ (indication of the location of the workplace, the name of the structural unit, site, laboratory, workshop, etc.) 4. Labor (job) responsibilities are established (indicate as necessary) __________________________________________________________. (in this employment contract (subparagraph “a” of paragraph 11) / in the job description) 5. The employee starts work with “___”_________________. 6. The employee enters into (as required) ___________________________________________________________________ (employment contract for an indefinite period/fixed-term employment contract) In case of concluding a fixed-term employment contract: the validity period of the employment contract is ________________________________; (duration, expiration date of the employment contract) circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with Article 59 of the Code or other federal law (specify as necessary) ______________. 7. The employee __________________________________________ test. (set / not set) The test period is set to last ________________ __________________________________________ months (weeks, days). (to be filled in when establishing a test) 8. This employment contract is an agreement _________________ ___________________________________________ (indicate as required). (for main job / part-time) 9. The employee _______________________________ has a special nature of work (has / does not have) (specify if necessary) _____________________________________. (traveling, on the road, mobile, remote, home-based, other type of work) 9.1. Conditions of the employment contract related to the specifics of performing remote work (to be filled out in the employment contract with the remote worker): 9.1.1 The work specified in paragraph 1 of this employment contract is carried out: a) by exchanging electronic documents ________________________; (yes / no) b) using _____________________________________________; (enhanced qualified electronic digital signature (EDS) / no EDS is used) c) using (listed if necessary) ___________________________________________________________________ (equipment, software and hardware, information security tools, other means _________________________________________________________________; (provided by the employer (procedure and terms of provision)/ owned by the employee/rented by the employee) d) using (specify as necessary) ________________________ _________________________________________________________________; (information and telecommunications network "Internet", other public information and telecommunications network, other) 9. 1.2. For the use of equipment owned or leased by the employee, software and hardware, the Internet, other means specified in subparagraphs “c” and “d” of paragraph 9.1.1, he is paid compensation _______________________________________, (amount, procedure and terms of payment) other expenses related to remote work are reimbursed __________________________________________________________ (reimbursement procedure) 9.1.3. The employee submits reports (information) to the employer on the work performed _______________________________________________. (order of presentation, deadlines, frequency) 9.1.4. Receipt confirmation period electronic document from the other side __________________________________________________. 9.1.5. Schedule of working hours and rest time (as required) ___________________________________________________________________ (duration of working hours per week, start and end of work, breaks in work, ___________________________________________________________________ days off, time of interaction with the employer) ___________________________________________________________________ (working time and rest time the employee plans at his own discretion ) 9.1.6. Insurance certificate of compulsory pension insurance (must be specified) _______________________________. (issued by the employer / employee entering work for the first time, receives independently) 9.1.7. The employer is obliged to familiarize the employee with labor safety requirements when working with equipment and tools recommended or provided by the employer (if equipment and tools are provided or recommended). 9.1.8. Information about remote work V work book remote worker _____________________________________________. (included / not included) 9.1.9. When concluding an employment contract for the first time, the employer’s work book is ___________________________________________________. (issued/not issued) 9.1.10. Upon reaching an agreement to make an entry in the work book, the employee provides the work book to the employer ___________________________________________________________________ (in person/sends it by mail by registered mail with notification) 9.1.11. Additional conditions (filled in if necessary) ___________________________________________________________________ 9.2. Conditions of the employment contract related to the specifics of performing home-based work (to be filled out in the employment contract concluded with the home worker): 9.2.1. The work specified in paragraph 1 of this employment contract is carried out from materials and using tools and mechanisms or other means (specify) ____________________________ ___________________________________________________________________ (allocated by the employer/purchased by the employee at his own expense/other) 9.2.2. For the homeworker’s use of his tools and mechanisms, he is paid compensation for their wear and tear, as well as other expenses associated with performing work at home (specify as necessary): ___________________________________________________________________ (procedure, amount and terms of compensation, reimbursement of expenses) 9.2.3. The procedure and timing for providing the homeworker with raw materials, supplies and semi-finished products (specify if necessary) _________________________________________________________________. 9.2.4. The procedure and timing for the transfer of work results (removal of finished products) (specify if necessary) __________________________. 9.2.5. Payment for manufactured products, other payments (specify as required) ___________________________________________. 9.2.6. Working hours (specify as necessary) ___________________________________________________________________ (duration of working hours per week, start and end of work, time of breaks in work, days off, time of interaction with the employer) 9.2.7. Additional conditions (filled in if necessary) ____ ___________________________________________________________________ II. Rights and obligations of the employee 10. The employee has the right to: a) provision of work stipulated by this employment contract; b) workplace, meeting state regulatory requirements for labor protection; c) timely and full payment of wages, the amount and conditions for receipt of which are determined by this employment contract, taking into account qualifications, complexity of work, quantity and quality of work performed; d) complete reliable information about working conditions and labor protection requirements in the workplace; e) compulsory social insurance in cases provided for by federal laws; f) conducting collective negotiations and concluding a collective agreement, agreements, as well as information on the implementation of a collective agreement (if concluded), agreements (if concluded); g) amendment and termination of this employment contract in the manner and on the terms established by the Code and other federal laws; h) protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law; i) compensation for damage caused to him in connection with the performance of labor duties and compensation for moral damage in the manner established by the Code and other federal laws; j) association, including the right to create trade unions and join them, to protect their labor rights, freedoms and legitimate interests; k) rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave in accordance with labor legislation and other regulatory legal acts containing labor law norms, an employment contract; m) training and additional professional education in the manner established by the Code and other federal laws; m) pre-trial settlement of disagreements regarding the implementation of the terms of this employment contract, a collective agreement (if concluded), an agreement (if accepted) with the participation of a trade union or other employee representative; o) protection of your personal data in accordance with the requirements of the legislation of the Russian Federation; n) other rights established by labor legislation and other regulatory legal acts containing labor law norms, local regulations (if adopted), as well as arising from the terms of a collective agreement (if concluded), agreements (if concluded); p) other rights established by this employment contract (filled in if necessary) _________________________________. 11. The employee is obliged: a) to perform labor (official) duties in the position (profession or specialty) specified in paragraph 1 of this employment contract: _________________________________________________________________; (specify labor (official) responsibilities if they are established by this employment contract) b) comply with the working hours and rest hours established by this employment contract, local regulations (if adopted), collective agreement (if concluded), agreements (in case of imprisonment); c) observe labor discipline; d) comply with labor protection and occupational safety requirements; e) undergo mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as undergo extraordinary medical examinations at the direction of the employer in cases provided for by the Code; f) treat the employer’s property with care (including the property of third parties located at the employer, if the employer is responsible for the safety of this property); g) immediately inform 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 owned by the employer, if the employer is responsible for the safety of this property); h) fulfill other duties established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted); i) perform other duties established by this employment contract (filled in if necessary) ___________________________________________________________________ III. Rights and obligations of the employer 12. The employer has the right: a) to change and terminate this employment contract in the manner and on the terms established by the Code, other federal laws, and this employment contract; b) require the employee to fulfill his job duties and take care of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property), compliance with internal labor regulations (if accepted); c) reward the employee for conscientious, effective work; d) bring the employee to disciplinary and financial liability in the manner established by the Code and other federal laws; e) to other rights established by labor legislation and other regulatory legal acts containing labor law norms, this employment contract, local regulations (if adopted), as well as those arising from the terms of a collective agreement (if concluded), agreements (if conclusions). 13. The employer is obliged to: a) provide the work provided for in this employment contract; b) ensure safety and working conditions that comply with state regulations regulatory requirements labor protection; c) provide the employee with equipment, tools, technical documentation and other means necessary for him to perform his job duties (list if necessary) _________________________________________________________________; d) provide at the expense of own funds personal protective equipment, special shoes and other protective equipment, other means (list if necessary); e) organize (if necessary) mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as send for extraordinary medical examinations in cases provided for by the Code, at their own expense; f) maintain the employee’s average earnings for the duration of the mandatory medical examinations (examinations) specified in subparagraph “d” of this paragraph in accordance with the Code; g) compensate for damage caused to the employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and on the terms established by the Code, other federal laws and other regulatory legal acts of the Russian Federation; h) train the employee in safe methods and techniques for performing work and providing first aid to victims at work, provide instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements; i) keep records of working hours actually worked by the employee, including overtime work and work on weekends and non-working holidays; j) pay the full amount of wages due to the employee in the manner and within the time limits established by this employment contract, as well as ensure an increase in the level of real wages; k) notify in writing about components wages due to the employee for the relevant period, the amount of other amounts accrued to the employee, the amount and grounds of deductions made, the total amount of money to be paid; m) process and ensure the protection of the employee’s personal data in accordance with the legislation of the Russian Federation; m) fulfill other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations ( if accepted); o) perform other duties (filled in if necessary) _________________________________________________________________. IV. Remuneration of the employee 14. The employee’s salary is set: a) _______________________________________________________________ (official salary / _________________________________________________________________; piecework wages (specify rates) or other remuneration) b) compensation payments (additional payments and allowances of a compensatory nature) (if any):

(indicate, if available, information about all additional payments and allowances of a compensatory nature, including for performing work with harmful and (or) dangerous working conditions, for work in areas with special climatic conditions, for work at night, for overtime work, other payments); c) incentive payments (additional payments and bonuses of an incentive nature, bonuses and other incentive payments) (if any):

(indicate information about all incentive payments in accordance with the existing remuneration systems of this employer (additional payments, incentive bonuses, incentive payments, including bonuses, remuneration based on the results of the year, for length of service, other payments); d) other payments (filled in if necessary): ________________. 15. The procedure for increasing the level of real wages is established (must be indicated): a) this employment contract ___________________________________ ___________________________________________________________________ (increase in official salary (tariff rate), amount of remuneration for work results ___________________________________________________________________; or other method) b) collective agreement, agreement (in case of conclusion), local normative act(if accepted) (specify as required). 16. Wages are paid ________________________________ ___________________________________________________________________ (at the place of work/transferred to a credit institution - details: ___________________________________________________________________ name, correspondent account, TIN, BIC, beneficiary account) 17. Payment of wages to an employee is made __________ once a month (but not less than every half a month) on the following days: ___________________________________________________________________ (indicate specific days of payment of wages) V. Working time and rest time of the employee 18. The employee is established the following working hours: a) the length of the working week ______________________________ (five days with two days off _________________________________________________________________; days, six days with one day off, work week with the provision of days off sliding schedule, abbreviated work time, part-time work) b) duration daily work(shifts) ____________ hours; c) start time of work (shift) ___________________________________; d) end time of work (shift) ________________________________; e) time of breaks in work _____________________________________. (for rest and food, technological, other breaks) 19. The employee is provided with the following features of the work schedule (filled in if necessary) ___________________________________ (irregular working hours, ___________________________________________________________________ shift mode work indicating the beginning and end of work shifts, summarized recording of working time with an accounting period (indicate the duration of the accounting period) 20. The employee is granted annual basic paid leave of ______________________ calendar days. 21. The employee is granted annual additional paid leave (filled in if there are grounds): for work with harmful and (or) dangerous working conditions for a duration of _____________________________ calendar days; for work in the regions of the Far North and equivalent areas (or other areas where a regional coefficient and a percentage increase in wages are established) for a duration of _____________________________ calendar days; for an irregular working day lasting _______________ ________________________________________________ calendar days; other types of additional paid leave (specify if necessary) ___________________________________________________. (in accordance with the legislation of the Russian Federation or an employment contract) 22. Annual paid leave is provided to the employee annually (taking into account the guarantees for certain categories of employees provided for by the Code and other federal laws) in accordance with ___________________________________________________. (vacation schedule for the relevant year/written agreement between the parties) VI. Labor protection 23. The following working conditions are established at the employee’s workplace: __________________________________________________________. (indicate, if necessary, the class (subclass) of working conditions at the workplace, the number of the card for special assessment of working conditions) 24. Initial briefing with the employee ____________________________ (carried out / not carried out, ___________________________________________________________________ since the work is not related to maintenance, testing, adjustment and equipment repair , _________________________________________________________________. use of tools, storage and use of raw materials and materials) 25. Employee (must be specified) _______________________________ (passes / does not pass ___________________________________________________________________ preliminary (upon entry to work) and periodic mandatory medical examinations, mandatory psychiatric examination, mandatory medical examinations at the beginning of the working day (shift ), as well as during and (or) at the end of the working day (shift) 26. Personal protective equipment for the employee _____________________ ___________________________________________________________________ (not provided / provided in accordance with standard standards, list) VII. Social insurance and other guarantees 27. The employee is subject to mandatory pension insurance, compulsory medical insurance, compulsory social insurance in case of temporary disability and in connection with maternity, compulsory social insurance against industrial accidents and occupational diseases in accordance with federal laws. 28. Additional guarantees (to be completed if available): ___________________________________________________________________ (compensation for expenses for moving from another area, tuition fees, provision or reimbursement of rental housing costs, payment for car rental, etc.) ___________________________________________________________________ (grounds for providing medical care to a foreigner temporarily staying in the Russian Federation citizen or stateless person) 29. Other guarantees provided to the employee, ____________________ _________________________________________________________________. (to be filled in if available) VIII. Other terms of the employment contract 30. Grounds for termination of the employment contract, in addition to those provided for by the Code (filled in if necessary for remote workers, homeworkers and workers working for an individual - individual entrepreneur): ___________________________________________________________________ 31. Procedure and conditions for termination of the employment contract as specified in paragraph 30 of this employment contract grounds (if necessary, indicate): __________________________________________ ___________________________________________________________________ (warning period, guarantees, compensation, etc.) IX. Changing the terms of the employment contract 32. Changing the terms of this employment contract determined by the Parties and the dates for their entry into force is permitted only by agreement of the Parties, except for cases provided for by the Code. An agreement to change the terms of this employment contract determined by the Parties is concluded in writing. 33. If the employer changes the terms of this employment contract (except for changes in the labor function) for reasons related to changes in organizational or technological working conditions, the employer is obliged to notify the employee in writing within the time limits established by the Code. X. Responsibility of the Parties to the employment contract 34. For failure to fulfill or violation of the terms of this employment contract, the Parties are responsible in the manner and under the conditions established by labor legislation and regulations containing labor law norms. XI. Final provisions 35. To the extent not provided for by this employment contract, the employee and the employer are guided directly by labor legislation and regulations containing labor law norms, a collective agreement (if concluded), an agreement (if concluded). 36. This employment contract comes into force (as required) _________________________________________________________. (from the day it is signed by both parties / other period established by the Code, other federal laws, other regulatory legal acts or an employment contract) 37. This employment contract is concluded in two copies, having equal legal force, which are stored: one - with the employee, the other - from the employer. 38. Additional agreements on changing the terms of this employment contract are an integral part of it. The employee is familiar with: the content of labor (official) duties ________________ ________________________________ ________________________________ (employee signature) (date of familiarization) with the collective agreement (if concluded) ________________________________ ________________________________ (employee signature) (date of familiarization) with the local regulations in force at the employer directly related to labor activity of the employee (if accepted, list) _____________________________________ ________________________________ ________________________________ (employee signature) (date of review) I give my consent to the employer’s processing of my personal data necessary for labor relations ________________________________ ________________________________ (employee signature) (date) Introductory training on labor protection completed: Signature of the employee _____________________ Date "__" _______________ Signature of the person who conducted the instruction _______________ Date "__" _______________ The initial instruction on labor protection in accordance with paragraph 24 of this employment contract was completed: ________________________________ ________________________________ (signature of the employee) (date of familiarization) Signature of the person who conducted the instruction _______________ Date "__" _______________ Employer: Employee: _______________________________ ________________________________ (full and abbreviated (last name, first name, patronymic) name of the legal entity / last name, first name, patronymic of the individual entrepreneur) Address of the legal entity in Address of residence: within the limits of its location / place of residence of the individual entrepreneur: ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Address of place of implementation Document certifying the activities of a legal entity/identity: individual entrepreneur: ________________________________ ________________________________ ________________________________ (type, series and number, by whom issued, ________________________________ date of issue) Other documents submitted by foreign citizens or stateless persons , indicating the details Identification number ________________________________ of the taxpayer ________________________________ _______________________________ ________________________________ Signature of the employee _____________________ Date "__" _______________ Notes: 1. Subparagraph "b" of paragraph 10 and subparagraph "h" of paragraph 13 do not apply to remote workers. 2. Clause 18 does not apply to remote workers and homeworkers. 3. Paragraphs 23 - 26 do not apply to remote workers. 4. Paragraph 27 applies to employees - foreign citizens with special features established by federal laws and international treaties of the Russian Federation. 5. For foreign citizens or stateless persons, the following information is indicated: about a work permit or patent - when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation; on a temporary residence permit in the Russian Federation - when concluding an employment contract with a foreign citizen or stateless person temporarily residing in the Russian Federation; on a residence permit - when concluding an employment contract with a foreign citizen or stateless person permanently residing in the Russian Federation; details of a voluntary medical insurance agreement (policy) or an agreement concluded by an employer with a medical organization on the provision of paid medical services with a foreign citizen or stateless person temporarily staying in the Russian Federation.

Since the beginning of 2017, all micro-enterprises have had the opportunity to reduce the turnover of documents in personnel records management. This applies to cases when a standard employment contract is used to formalize the employment of workers, the form of which is established by Resolution of the PR No. 858 of August 27, 2016.

Why do you need a standard employment contract?

All official labor Relations are established by concluding an employment contract. This obligation of the employer is provided for by the Labor Code of the Russian Federation. The absence of this document is classified as a legal violation and entails administrative penalties against the employer.

Basic requirements for the content of an employment contract are determined by Article 57 of the Labor Code. For convenient use of the agreement, all information is grouped into sections, but this is not a prerequisite. A specific concept of an employment contract and its features is given by Article 56 of this standard.

A standard employment contract in the Russian Federation is drawn up in writing and sealed with the signatures of both parties to the labor relationship. As mentioned above, such a contract legalizes the agreement employee with the employer.

When a newly hired employee begins his official duties, the manager must immediately draw up a written contract with him. The document comes into force only upon the start of employment, and not from the time of its signing!

The concluded agreement strictly differentiates the rights and obligations of the parties. Thus, the employer must provide the new employee with a workplace and timely payment of wages. In addition, the employee receives all social benefits provided for by the Labor Code and internal regulations of the enterprise (organization).

When controversial situations arise, judicial and audit authorities pay serious attention to the content of this agreement. If it does not contain any conditions, the employer cannot demand compliance with them from the employee.

The same applies to employees. They should not expect additional benefits from the manager that are not provided for in such a document.

A standard employment contract with an employee is prepared by the company’s personnel officers. The parties to the agreement sign two copies of the document: one is stored in the enterprise archive, the other is given to the employee.

The agreement is signed by the manager (or a person authorized by him) on one side and the subordinate on the other. Allowed electronic form filling out a document or completing it manually by a personnel officer, which has become irrelevant today.

Model employment contract for which microenterprises can be used

Since January of this year, small businesses and individual entrepreneurs have been exempted from adopting internal regulations on labor agreements. Now they are allowed to include all the features of future cooperation directly into the employment contract with the employee, using standard sample 2017.

Microenterprises are small enterprises (businesses) that meet certain conditions. This category includes private enterprises, individual entrepreneurs, LLCs, fishing and peasant farms.

The conditions for belonging to small businesses are listed in Article 4 of Federal Law No. 209 of July 24, 2007 “On the development of small and medium-sized businesses in the Russian Federation.” There are several of them, but the most obvious are:

• average annual staff size is less than 15 people;
• annual income – up to 120,000,000 rubles;
• the total share of external participants in joint-stock enterprises is no more than 49%.

To check whether a micro-enterprise meets the necessary criteria, you can refer to the “Unified Register of Small and Medium-Sized Enterprises”.

Small businesses are not required to draw up a standard employment contract with each employee since 2017. Now this is done at the request of the manager. But organizations that implement the standard form are exempt from maintaining other internal standards on the work and rest schedule of personnel, internal labor regulations and the remuneration system.

Before switching to a new form of contract, a waiver of previous personnel documents is drawn up in order to avoid inconsistencies between them. This requires the issuance of a corresponding order. In it, micro-enterprises registered before 2017 indicate that previously approved documents become invalid.

In addition, the standard form of agreement can be used not only by small businesses; it is also available to other employers. And yet, only entities belonging to the group of micro-enterprises can refuse internal legal acts.

• What should a beauty salon manager do if his employment contract is lost?

Standard employment contract with an employee: pros and cons

Main minus The standard agreement is its obligatory nature for small enterprises, along with its excessive universality, which caused the inflation of its content. The current form of this agreement takes up a dozen printed pages, and its execution requires serious skills.

Due to the repeal of local acts in small businesses, standard employment contracts since 2017 necessarily contain a lot additional information and a lot of data showing the following facts:

• employee's acquaintance with job responsibilities, collective agreement (if any), internal regulations (if any);
• employee consent to the processing of personal data;
• receiving a personal copy of the agreement;
• conducting OT briefings (introductory, primary) in the form of a signature and date;
• day and grounds for termination of the contract;
• date of receipt of the work book;
• date of receipt of other documents (list).

Despite these difficulties, the standard form of an employment contract for microenterprises greatly simplifies document flow. pros from its use are as follows:

• the employer does not need to remember all the mandatory conditions provided for by the Labor Code of the Russian Federation and included in contracts of this type;
• the document takes into account all the nuances of remote (home-based) work that require approval (you just need to select the appropriate options).

What personnel documents are replaced by the standard form of an employment contract?

All micro-enterprises are provided with a number of benefits, including personnel issues. So, since 2017, they received permission to simplify the preparation of documentation for personnel. Now, according to Article 309.2 of the Labor Code, microenterprises can abolish the local regulatory framework.

Here are a few standard documents that, starting this year, partially or completely replace the standard employment contract of the Russian Federation.

Regulations on remuneration and bonuses

This is a local legal act that establishes the motives, conditions, amounts and procedure for material remuneration, taking into account mandatory official guarantees for workers and the financial potential of the employer. As a rule, this document also provides for the conditions for bonuses for personnel.

At the same time, the “Regulations on remuneration and bonuses” can be partially or 100% replaced with the wording offered by the standard employment contract (sample) in section 4 – “Employee remuneration”. For example, contracts drawn up on the basis of standard ones must contain salary amounts (wages or piece rates) and clear payment dates.

There are also tables with a list of compensation and incentive payments:

You can also apply a standard statement of rules for remuneration (banking or cash services), salary indexation, etc.

Internal labor regulations (rules)

According to Article 189 of the Labor Code (Part 4), this document regulates the time of work and rest. It can also be replaced by the standard definitions from section 5 ready-made form. Here is a quote taken from there: “Regulations on irregular working hours.”

Here, employees with irregular work schedules are most often listed, if such a regime is established for them (Article 101 of the Labor Code). A similar internal document this year loses its relevance when a phrase is added to the agreement, which is proposed by the standard form of an employment contract concluded between an employee and an enterprise (clause 19).

Instructions and labor protection rules

Such documents are created and approved as required by Article 212 of the Code (Part 2, Paragraph 23). The standard form of the contract offers the sixth section - “Labor safety”. It contains such wording as: initial briefing, class of working conditions of the workplace, issuance of personal protective equipment. You can go to the standard agreement here.

Considering that the provisions on labor protection are much more informative, not everyone will probably be able to exclude them completely.

Job Descriptions

In pursuance of Article 47 of Federal Law No. 79 of July 27, 2004. the use of job descriptions is obligatory on all government agencies. Consequently, ordinary employers should not do this, and it is unlawful to fine them for the lack of these documents (information from Rosgostrud No. 3042-6-0 dated 08/09/2007).

Nevertheless, most managers still claim job descriptions for your staff, in order to subsequently have grounds for:

• dismissal of an employee due to inadequacy of the position held;
• equal distribution of workload among employees whose positions are similar;
• lawful imposition of disciplinary liability on subordinates;
• conducting personnel certification, etc.

The official instruction itself is not an internal regulatory act. In fact, it is often used as an addition to an employment contract or approved in the form of a separate document (explanation of Rostrud No. 4412-6 dated October 31, 2007).

At the same time, the standard form of an employment contract since 2017 provides for the definition official duties employee:

• in the text of the employment agreement;
• in his job description.

It turns out that the universal form of the contract gives the employer the choice of what is more convenient to do: draw up personal job instructions for each employee or list all the responsibilities of the staff in the employment agreement.

Shift work

Such a schedule is drawn up on the basis of approved working time standards for a certain period of time and for the corresponding category of workers. It reflects data on the duration of work shifts, breaks between them and their frequency. By and large, all this information can be included in employment agreements. Moreover, the formulations necessary for this are provided in the standard form of an employment contract for micro-enterprises.

What local acts cannot be replaced by a new standard employment contract?

Despite its universality, the form of agreement under discussion cannot replace a series of personnel documents. Some of them still need to be developed and approved. Let's look at a few examples.

Staffing table used to display the structure of the organization, its official composition and number of employees, as stated in Article 57 of the Labor Code. This is an internal regulatory act of each enterprise.

According to the explanation of the State Labor No. PG/4653-6-1, paragraph 6 dated May 15, 2014, staffing table is a local regulatory act. But this document cannot influence the labor relations of employees. Therefore, the employer should not introduce subordinates to staff structure enterprises (including the hiring procedure).

According to Article 57 of the Labor Code (Part 2, Paragraph 3), the staffing table is classified as mandatory documents. Therefore, a new standard employment contract cannot replace it, and there is no need to exclude state approval this year.

Vacation schedule

This document is approved annually by order. It is prepared a couple of weeks before the end of the last period. Thus, the vacation schedule for 2018 must be developed and approved by December 17, 2017.

Its purpose is to determine the order of use of vacations by employees of the enterprise. The schedule is published along with the order and is certainly approved by the first manager, as established by Article 123 of the Labor Code (Part 1). The employer is obliged to sign and execute this document. In addition, the reference to the vacation schedule as an independent document contains a standard employment contract (clause 22). For this reason, refusal to draw up a vacation schedule is unacceptable.

Other documents

There is personnel documentation that cannot be replaced with universal forms due to the lack of the necessary wording, as in the standard employment contract under Resolution 858 of August 27, 2016. Here are some examples of such documentation, including important provisions:

• about personal data;
• about business trips;
• on maintaining trade secrets;
• about certification.

How to fill out a standard employment contract in 2017

The new standard employment contract, legalized in 2017, includes a list of different wordings. From which you should choose only what affects the work activity of a particular employee. Eliminate everything unnecessary. The above list of wording provides for all possible situations to help the employer navigate under any circumstances.

Previous employment contracts will continue to be valid. Small businesses do not need to cancel previously signed agreements from the very beginning of the year. It is enough to make corrections and additions to them, not forgetting to coordinate this with your subordinates. For newly hired employees after 01/01/2017, you should use new form employment contracts.

To transition a micro-enterprise to a simplified personnel records management a special order is issued indicating the partial or complete abolition of local standards. The date of entry into force of the new order is also specified here. It is chosen by the employer and can be anyone.

The official sample of a standard employment contract 2017 contains 38 clauses, grouped into 11 sections. Let's discuss how the most important ones are formatted.

General provisions

The first section must contain the full name of the enterprise, the full name of the future employee, his position, the duration of the probationary period (if established), the type of work activity (main or part-time), and the date the employee began performing his job duties. Additionally, you need to indicate the term of the employment contract, if any.

For remote workers or those whose work activity is associated with travel, information about this must be included in the contract. If there are no specific features of the job, it is indicated that the employee does not have a special nature of work.

If a standard employment contract is drawn up with a remote employee, or home work is provided, the data is entered into paragraphs 9.1 or 9.2 of the first section. The type of equipment used by the remote employee is also indicated.

When raw materials are required for a homeworker’s work, the method and timing of delivery of the necessary semi-finished products are mentioned.

This section specifies the amount, terms and rules for payment of compensation for the use of personal property.

The working hours and duration of rest of the remote employee (home worker) must be indicated.

Rights and responsibilities of an employee

This section is completed if special clarification of the subordinate’s job responsibilities is required.

Rights and obligations of the employer

This lists the tools and equipment your worker is provided with.

Employee remuneration

This section is devoted to the issues of remuneration of your staff. The composition of the employee's salary is specified here. A standard employment contract with an employee 2017 provides for several types of payments, including:

• official salary (indicating the amount);
• compensation (if you compensate an employee for the use of his own property for business purposes, enter its type (computer, telephone, car) into the contract, then determine the amount of payment and the conditions for receiving it);
• motivating incentives (indicate the type of reward (for example, a bonus), the criteria for receiving it, the size in percentage terms and frequency);
• other payments.

Be sure to indicate in the employment agreement the exact terms of salary payment and its frequency.

Don’t forget to mention how your subordinates receive payment: in cash at the workplace or by transfer to a bank card.

Working time and rest time of the employee

The fifth section should contain information about the length of the working day, official holidays and the duration of annual leave.

Occupational Safety and Health

The sixth section reflects data on the working conditions of your employee, his need for medical examinations, provision of personal protective equipment.

Social insurance and other guarantees

Here you indicate payment for training of your employee (if necessary) or compensation for the costs of his relocation from another area to his place of work.

Other terms of the employment contract

This section is completed to formalize labor relations with a home worker. It is also used if the employer is a businessman. Determine the reasons for terminating this agreement, in addition to the officially approved provisions of the Labor Code. For example, you have drawn up a standard employment contract with a home worker, who every month on a certain day must report to you on the work performed. If he stops communicating, answering calls and letters within a month from the date of the missed report, you can officially break your employment relationship with him.

Changing the terms of the employment contract. Responsibility of the parties to the employment contract

These two sections summarize information about the possibility of making changes to the agreement only by agreement of the parties.

Final provisions

This part contains the positions with which the employee was familiarized, and his signature is affixed opposite each of them. Let’s say that no initial training in occupational safety was carried out, which means that this line does not need to be filled out. This chapter contains personal information of both parties to the contract: full name, place of residence, passport details. In case of termination of the contract, the official basis is indicated with a list of documents received by the employee.

Is it possible to change a standard employment contract?

The standard employment contract, according to Resolution No. 858, adopted by the Government of the Russian Federation on August 27, 2016, is quite extensive and, as noted earlier, offers different ways to fill out individual clauses. Does the employer need to retain the entire text of the standard form? Or can we only use formulations that are appropriate in a particular case?

The form of a standard employment contract was adopted in order to extract from it everything that the employer needs, taking into account his production situation. For example, if working conditions do not imply remote work for employees, this means that the corresponding provisions are not included in the employment contract.

Is it possible to adjust the standard wording? For example, paragraph 17 of the Form states that “Payment of wages to an employee is made _____ once a month (but not less than every half month) on the following days (specify specific days of wage payment).” Would you like to rephrase this condition differently? If an employer refuses to maintain local regulatory documentation and switches to using standard personnel forms, then changing the officially established wording is unacceptable.

After all, it is the work according to the approved forms of standard documents that gives the right to cancel internal regulatory documents, which is confirmed by Article 309.2 of the Labor Code. And if everyone starts changing the wording, the point of introducing a standard form is lost.

How to switch to a standard employment contract for microenterprises

It is necessary to restructure labor relations. However, the Labor Code provides for termination of the contract only by terminating labor obligations and dismissing the employee with full payment for the time worked. There are no special provisions in the law allowing for the procedure for re-signing contracts. In such cases, the best decision would be to draw up additional agreements under current employment contracts. For clarity, it is better to present the new documents in the style of a standard employment contract for microenterprises in accordance with the new standard edition adopted for small businesses.

If an organization is deprived of its micro-enterprise status, then it is given four months to restore local regulatory documentation and return to employment contracts, in accordance with Article 309.1 of the Labor Code (paragraph 2).

On what grounds can a standard employment contract be terminated?

Clauses 30-31 of the standard form of the contract can be supplemented with reasons for dismissal by agreement of the parties, except for those approved by the Code of the Russian Federation. In this case, it is necessary to agree on some conditions (guarantees, compensation, notice period for dismissal) labor agreements remote and home workers, as well as subordinates of individual entrepreneurs.

It should be emphasized here that the legislator left unchanged all the grounds for dismissal set out in the Labor Code.

Since the Government of the Russian Federation has approved a standard employment contract, and also within its powers provides for the possibility of the parties agreeing on an unlimited number of additional grounds, dismissal with reference to them will be considered legal.

In any case, with competent actions, you can use this right and approve other periods of notice of dismissal, amounts of guarantees and compensation payments in connection with staff reduction or liquidation of an enterprise than those required by the Labor Code.

Here are examples of real motives for terminating an employment contract with an employee:

• failure to use cash register equipment;
• violation of sanitary standards (if necessary for this type of work);
• obscene language, disrespectful attitude towards clients;
• termination of employment;
• continuous absence of more than 4 months due to temporary disability, unless otherwise provided by the legislation of the Russian Federation.

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

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

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

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

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

Microenterprise criteria

Employment contract for micro-enterprises from 2019: sample filling

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

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

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

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

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

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

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

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

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

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

What local acts can be canceled

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

It is important to know:

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

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

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

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

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

Pros and cons of a standard employment contract for microenterprises