Answer to the question:

Yes, it is legal, provided that the name of the employer is also indicated.

The place of work is a prerequisite of the employment contract, and in the case when the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location ().

The place of work is the organization itself where the worker works. An organization is characterized by its name and location. Location legal entity determined by its place state registration on the territory of the Russian Federation by indicating the name of the settlement ( municipality). (). The workplace is the territory where the employee performs his duties (). The workplace, unlike the place of work, is not a mandatory condition of the employment contract ( h.h. And Thu. 57 of the Labor Code of the Russian Federation).

Thus, in your case, you have not violated the requirements of labor legislation.

I draw your attention to the fact that in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another area, the place of work is entered into the employment contract indicating the separate structural unit and its location ( par. 2 hours 2 tbsp. 57 of the Labor Code of the Russian Federation)

Details in the materials of the System Personnel:

Employment contract

How to indicate the place of work in the employment contract. Wording for head office, branch and field workers

1. What will be the place of work for a traveling employee
2. How to draw up a contract correctly if the employee was accepted in separate subdivision
3. Is it necessary to indicate the legal address of the company as the place of work in the contract?

It would seem that a simple condition about the place of work, but it often causes controversy among personnel officers and lawyers. At the same time, the cost of a mistake is quite high. For incorrect registration, the inspector will fine the company.

Difficulties arise due to the fact that the content of this concept is not disclosed in the Labor Code of the Russian Federation. In addition, in different articles of the Code it is given different meanings. As a result, several interpretations are used in practice. Some believe that this is the locality where the company is located, others that this is the name of the company, and still others that this is the actual address of the office where the employee will do their work. In this article, we will dispel all speculation and suggest which formulations should be used.

Location for head office

Let's get straight to the point: what is a place of work?

The place of work is a specific organization with which the employee has concluded an employment contract. That is, this is not a geographical value, but a purely legal speculative concept. It is the name of the organization that must be indicated in the employment contract as the place of work.

Where did you get this from, where is it written in the Labor Code?

The Labor Code of the Russian Federation, unfortunately, does not disclose what a place of work is. Because of this, all the problems, and also due to the fact that in different articles this concept is used in different meanings. For example, in Art. 64 of the Labor Code of the Russian Federation says that it is forbidden to refuse to hire those invited in the order of transfer within a month from the date of dismissal from the previous place of work, that is, from a specific organization. And in Art. 59 of the Labor Code of the Russian Federation stipulates that a fixed-term employment contract can be concluded for work in organizations located in the Far North, if this is associated with the employee's relocation to the place of work. Here we are talking about a specific area.

But the doctrine has always been that the place of work is a specific organization. It is enough to open any commentary on the Labor Code (for example, edited by A. V. Kurennoy or Yu. P. Orlovsky). At the same time, the Supreme Court of the Russian Federation also agrees with this definition of the place of work.

Quoting the Document
"In theory labor law the place of work is understood as a specific organization located in a certain locality (settlement), its representative office, branch, other separate structural subdivision» ().

Thus, the discussion about what a place of work is can be considered closed.

And how should the place of work be indicated in the employment contract? Write the legal or actual address of the organization?

No, you don't have to. If you specify the place of work to such an extent, then if the company moves to another office, you will have to edit all contracts with employees. And then, as we have already noted, the place of work is the organization with which the employee has an employment contract. And its location is determined by the place of its state registration ().

That is, just indicate the name of the organization and that's it?

Formally yes. But there is a risk that the GIT inspector will find fault with such a wording. They believe that it is necessary to disclose the place of work more fully. We do not agree with this, but such a risk must be taken into account. Therefore, a safe option: indicate in the employment contract the locality where the company is located and its name. Don't write anything else.

But after all, the name of the organization is already indicated in the preamble of the employment contract. Do I need to duplicate it also in the line "place of work"?

Safe option: indicate in the employment contract the locality where the company is located and its name. Write nothing more

Yes need. There are situations when the place of work does not match the name of the organization. For example, when an employee is accepted into a separate unit. In addition, the information contained in the preamble of the contract refers to information, while the place of work is a condition. So it needs to be written separately.

But will the employer have problems just because of the lack of specifics in the employment contract? After all, it will be difficult to dismiss an employee for absenteeism if only the settlement is indicated in the contract.

There will be no problems. Where the employee actually works can be indicated in any other document: job description, regulation on the structural unit, or simply fixed by order, where this or that department is located. The specifics in the employment contract, on the contrary, will harm you. In fact, in this way you indicate not the place of work, but workplace. This is where the employee needs to appear in order to fulfill their duties (). And it, unlike the place of work, is not a mandatory condition of the contract. But if you prescribed it, then this will lead to difficulties in the work. For example, if you have two stores and you wrote the address of one in the contract, then the employee has the right to refuse to go to work in another store if you need it. Therefore, the ultimate specificity in the employment contract is the locality where the company is located.

Place of work when working in a separate unit

We accept an employee in a separate division. What should be included in an employment contract?

Depends on where it is located. If in the same area as head organization, then it is not necessary to indicate that he works in the department. You can only enter the name of the organization. And if the unit is located in another locality, then be sure to write down that the employee works in a branch, representative office, etc. This follows from Art. 57 of the Labor Code of the Russian Federation.

What needs to be specified specifically: its address or only the locality where it is located?

However, it is difficult to agree with the opinion of officials. Apparently, by the place of work they mean a certain geographical value. But, as we have already found out, the place of work is a purely legal category, denoting the organization with which an employment contract has been concluded. Therefore, the home address cannot be the place of work of the employee. Even if the agreement remote work concluded by exchange electronic documents, then all the same, the location of the employer () is indicated as the place of conclusion of the contract. Follow the same logic when specifying the place of work.

So what wording should be used in an employment contract?

On the one hand, you can do as officials advise. You won't be penalized for doing so. But it is correct to indicate the organization as the place of work. To avoid misunderstandings and disputes with inspectors, also indicate that the work is carried out outside the location of the employer at such and such an address. It is worth remembering that if the employee decides to move, indicating the home address will require an adjustment to the contract. In this case, it makes sense to prescribe the procedure for notifying the employer about this and a simplified format for changing this term of the contract.

Natalia Pokatilova, boss legal department Adventum Consulting LLC

With respect and wishes for comfortable work, Igor Ivannikov,

Expert Systems Personnel

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"To the section" General provisions» enter mandatory conditions employment contract:

• place of work (for example, the name of the organization and the locality in which it is located). If an employee is hired by a branch or a separate structural unit located in another area, be sure to indicate this unit and its location;
• . If an employee is entitled to compensation, benefits or restrictions by position, then the names of these positions must correspond to the qualification directories;
• start date of work. If you are concluding a fixed-term employment contract, then indicate the period of its validity and the reason for its conclusion (for the duration of the duties of the absent employee, for the duration of seasonal work and so on.);
• the nature of the work (mobile, traveling, on the road);
• working conditions at the workplace: safe, harmful, dangerous - according to the results of a special assessment of working conditions (former certification);
• other conditions in cases stipulated by other regulatory legal acts. For example, the norms for the issuance of flushing or neutralizing agents for employees employed in the relevant types of work.

This is mentioned in the paragraphs