Place of work, according to Art. 57 of the Labor Code is a mandatory condition to be included in the employment contract.

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But in the Code itself, not only is this concept not explained at all, but in some cases it has different meanings. Because of this, there is often a misunderstanding of the provisions of the law, which can lead to labor disputes in the future.

Normative base

Like all points relating to the relationship between the employing organization and hired personnel, the indication of place of work in documents is determined by the norms of the Labor Code.

The problematic concept is found in sections devoted to:

• registration of an employment contract;
• changing conditions;
• vacations;
• guarantees and compensations;
• labor protection, etc.

And yet, there is no clear definition of what this very place of work is.

Perhaps the only indication is Part 2 of Art. 57 of the Labor Code, which states that if an employee is hired not at the head office, but, for example, at a branch, representative office and other units in another location, then this must be reflected in the contract itself. The same applies to signing an agreement with a remote worker: it is necessary to indicate the place of his work (Article 312.2 of the Labor Code).

As a result, in different articles, the place of work is understood as either the name of the employing company, or its location during the day, or even a position at all.

This position of the legislator does not allow the use of an unambiguous interpretation of the term and introduces confusion into the documentation.

For example:

Let’s try to clarify the question of what a “place of work” is.

To do this, let’s compare it with the term “ workplace». Its definition is in Art. 209 TK. According to it, this is that part of the territory controlled by the employer where the employee must be located.

Indicate it in employment contract only makes sense when it is located somewhere outside the employer's territory.

It turns out that the employee’s place of work in the employment contract is something different from the workplace.

But what exactly? The law does not explain. It only indicates the need to include a condition about this very place of work in the employment contract.

It is logical to assume that the place of work is more likely related to a specific employing organization and position than to a point in space.

This is indicated by the wording of the articles where this concept is used. But even in science labor law There is no consensus on what should be considered a place of work.

Position of the Supreme Court

The lack of a unified legal position regarding the term forced the Supreme Court to express its opinion.

The immediate reason that necessitated the need to provide an explanation was labor disputes concerning work in the Far North, or more precisely, the calculation of various territorial coefficients and the receipt of benefits related to the specifics of work.

The Supreme Court indicated that the place of work should be considered a specific organization (branch, department, section, etc.) located in a certain area.

That is, the employment contract should indicate the name of the employer (full and abbreviated), as well as its legal address (local area) or address separate division, if it is located in another locality.

How can the place of work be designated?

Based on the position of the Supreme Court, it can be assumed that without indicating both components, the condition on the place of work will be incomplete. Let's try to figure out how this clause should be formulated in the contract.

Like the terrain

In Labor Code articles talking about transfer to another job, the term “locality” is present.

In relation to labor relations, it refers to a specific locality.

The location indication has important in the following cases:

• transfer (possible only with the consent of the employee);
• provision of guarantees (their set is associated with certain territories).

That is, indicating the location is necessary to protect the rights of workers. But it alone is clearly not enough. More specification is required.

Specific address

The Labor Code insists on the mandatory indication of the address of the workplace only in a situation where it is located in a separate unit in another area.

In other words, when the head office and office (workshop, hangar, warehouse, etc.), where the employee is directly located, are located in different localities.

In all other cases, indicating the exact address is not necessary.

It will be enough to indicate the name of the unit and its location.

There is no need to make changes to the employment contract if the employee moves from one unit to another within the same locality.

Employer's legal address

Indication of the legal address of the organization in the employment contract is necessary if it coincides with the actual location of the workplace.

In addition, if a dispute arises with an employer, you should go to court at the place of registration, so such an indication of the place of work should be considered correct, but in some cases insufficient.

Name of employing organization

The name of the employer is written in the employment contract twice: in information about the parties and in the terms of the place of work.

A number of legal scholars consider this unnecessary, but the Supreme Court insists on including the name of the employer not only in the information, but also in the mandatory conditions of the employment contract.

To ensure that the inspection authorities do not have any complaints in the future, it is worth fulfilling this requirement.

How to write it correctly?

If for employees who spend the whole day in a limited area owned by the employer, the workplace and the place of work coincide, then they will not have problems drawing up a contract.

The situation is different when an employee appears in the office infrequently, due to the characteristics of his profession.

For couriers

The place of work of couriers should, of course, indicate the organization and its location - for example, Galaktika LLC, Moscow.

And to note the specifics of the activity, it is indicated that the work is of a traveling nature.

For drivers

The same rule applies to drivers.

The organization or its branch is indicated as the place of work. But the nature of the work will be somewhat different - on the road.

For remote workers

On the question of how to indicate the place of work in an employment contract remote work, the law recently put an end to it.

For shift workers

But for shift workers, you will have to register not only the name of the company, but also the specific location of the work: settlements, fields, etc.

This is due to the fact that the workplace and the head office are separated by many kilometers.

In addition, such work is often carried out in areas where the legal features of labor organization apply.

How can I change this information in the contract?

Changing information about the place of work in an employment contract is possible, but only if we are talking about the same employer, for example, when transferring to another branch.

Since this is one of the mandatory conditions, then, according to Art. 57 of the Labor Code, it can be changed by drawing up an additional agreement and attaching it to the contract.

If we are talking about a change of employer, then changes are not made to the contract.

At the previous place, the contract is terminated, and at the new place another one is concluded, indicating the current place of work.

FAQ

Is it possible to indicate two places of work?

No, because the place of work is the name of the employer.

But an employment contract can specify two jobs. And it’s even necessary if the employee actually has two of them. It is also advisable to indicate when exactly the employee is required to be at each of them.

At the same time, only the legal address of the employer is specified in the mandatory conditions - that is, the place of its state registration. And in additional conditions it is already possible to clarify the location of workplaces.

What to do if such information is not indicated?

One of the mandatory conditions of an employment contract is the place of work. However, the Labor Code does not explain exactly how it should be indicated. In practice, someone gives the name of the organization, someone in addition reflects its location, that is, the address. As a result, disputes often arise - between the employee and the employer, between the employer and regulatory authorities. How to avoid mistakes? Let's figure it out.

Is it possible to indicate a place of work without a specific address?

According to Art. 57 of the Labor Code of the Russian Federation, one of the mandatory conditions of an employment contract is the place of work. In the event that an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another area, it is necessary to indicate in the contract the place of work, indicating the separate unit and its location.

The Labor Code does not explain how to formulate this condition. In general, indicating in the employment contract the specific address at which the employee performs his work function as the place of work is not mandatory. This means that the employer has the right to provide both the full address of the company, as well as its name and the city in which it is located, without the street and house number. For branches and divisions in another city, the location must be indicated.

In the Review of the practice of considering cases related to the implementation by citizens labor activity in the regions of the Far North and equivalent areas (approved by the Presidium of the Armed Forces of the Russian Federation on February 26, 2014), it is said that in the theory of labor law, a place of work is understood as a specific organization, its representative office, branch, or other separate structural unit located in a certain area (settlement). . In the case of the location of the organization and its separate structural unit in different areas, based on part two of Art. 57 of the Labor Code of the Russian Federation, the employee’s place of work is specified in relation to this structural unit.

The place of work can be understood as the name of the employer and its location, or as the actual place where the employee performs his work functions.

The position of the RF Armed Forces is clear, since the place of work is the organization itself where the employee works. The organization is characterized by name and location. The location of a legal entity is determined by its location state registration on the territory of the Russian Federation by indicating the name of the locality ( municipality) (Article 54 of the Civil Code of the Russian Federation).

Accordingly, as a place of work, the employer has the right to indicate only the name of the organization and the city where it is located, without the street and house number.

The legality of stating the place of work by indicating the name of the organization and the city in which it is located was also noted by the Bryansk Regional Court. In the case he examined, the GIT inspector ordered that the missing condition be indicated in the employment contract with the employee, namely the place of work - a separate or structural unit and its location. But since all the separate divisions of the employer were located within the same locality (city), the court did not see the need to specify the address of the place of work (Appeal ruling of the Bryansk Regional Court dated August 14, 2012 in case No. 33-2598/12).

The possibility of indicating a place of work without mentioning a specific address also follows from Part 3 of Art. 72.1 Labor Code of the Russian Federation. The wording of this norm allows us to conclude that the legislator allows that the movement of an employee from a certain employer to another workplace or to another structural unit located in the same area does not entail a change in the terms of the employment contract determined by the parties.

Therefore, we believe that the condition regarding the place of work in an employment contract can be formulated by indicating the name of the employer and the location in which the employee will actually perform his work function, for example:

The employee’s place of work is the State Budgetary Institution “Maternity Hospital No. 5” (Moscow).

What difficulties may arise when specifying a specific address?

When indicating as a place of work not only the name of a locality, but also the specific address of the organization, certain difficulties may arise. For example, if an enterprise moves to another area of ​​the city, it will be necessary to obtain consent to change the mandatory terms of the employment contract from the employee. If the street and house number are not indicated in the employment contract, the place of work does not change, since the move takes place within the same locality.

Determining the place of work by locality (without specifics) can be important if the employer has several separate divisions, such as shops, in one locality. In this case, indicating the name of the organization as the place of work (possibly with the clarification that the work will be performed in a chain of stores) will mean that the employer can send the employee to any of the chain stores in the city. Even if stores are located at a significant distance from each other, sending an employee to different stores will not require additional consent from the employee. As a result, the employee’s arguments about changing the work schedule and personal inconvenience as a result are not taken into account (Appeal ruling of the Irkutsk Regional Court dated August 18, 2016 in case No. 33-11462/2016).

The place of work is a separate structural unit.

There are two possible scenarios here.

An employee is accepted into a branch, representative office or other located in a different area than head organization. According to the rules of Art. 57 of the Labor Code of the Russian Federation, if a separate structural unit of an organization is located in another area, then the employment contract reflects the place of work indicating the separate structural unit and its location. That is labor legislation obliges a detailed indication of the place of work when an employee is accepted into an organization that has a complex organizational structure. In such a situation, the name of the employer is not enough; it is necessary to indicate which branch, representative office or other separate structural unit located in another area the employee is accepted into, and indicate his location - the exact address.

By location it is logical to understand the specific address of the structural unit in which the employee works.

Here is an example of a possible wording of a condition regarding the place of work if an employee is hired into a separate structural unit:

1.3. Place of work: State Budgetary Institution "Arzamas" district hospital", paramedic and midwife station, p. Vetoshkino, Arzamas district, Nizhny Novgorod region, st. X, no. 13.

The employee is accepted into a separate structural unit, which is located in the same area as the organization itself. In this case, information about the place of work in the employment contract may not be specified. We draw this conclusion based on the following. Paragraph 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 c states that structural units should be understood as branches, representative offices, as well as departments, workshops, sections, etc., and by other locality - locality outside the administrative boundaries territorial boundaries of the corresponding locality.

The obligation to indicate in the employment contract the location of a separate subdivision is provided for by the Labor Code of the Russian Federation only for the case when a separate subdivision is located in a location other than the head office of the organization, outside the administrative boundaries of the locality specified in constituent documents employer as a place of state registration.

Accordingly, if the branches are located within the same locality, the employer has the right not to specify that the employee is being hired at a branch located in the same city. At the same time, as the analysis showed judicial practice, GIT inspectors sometimes make claims to employers, demanding specification of the place of work. To minimize controversial issues and conflicts with regulatory authorities, we suggest formulating the terms of the place of work in the employment contract approximately as follows:

1.3. Place of work: State Budgetary Institution "Nizhny Novgorod Regional Children's Hospital", structural unit "Children's Clinic", Nizhny Novgorod, st. N, no. 88.

In this case, it will not be possible to move an employee from one structural unit to another without consent to change the terms of the contract. It will be necessary to conclude an additional agreement and complete the transfer.

Place of work when concluding an employment contract for remote work.

According to Parts 1 and 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote work is the performance specified in the employment contract labor function outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, provided that it is used to perform this job function and to carry out interaction between employer and employee on issues related to its implementation, public information and telecommunication networks, including the Internet.

Specifying the place of work in an employment contract with a remote worker has its own nuances.

Article 312.2 of the Labor Code of the Russian Federation states that the location of the employer is indicated as the place of concluding an employment contract on remote work, agreements on changing the terms of the employment contract on remote work determined by the parties.

It would seem that this norm is special in relation to Art. 57 of the Labor Code of the Russian Federation, that is, it is not at all necessary to indicate the place of work (if there is a special norm, it prevails over the general one). At the same time, Rostrud, in Letter No. PG/8960-6-1 dated October 7, 2013, expressed the opinion that information about remote work should contain information about the place of work in which the remote worker directly performs the duties assigned to him by the employment contract. The Ministry of Finance in Letter No. 03-04-06/54321 dated 08/01/2018, when considering the issue of personal income tax on income under an employment contract for remote work, also indicated that the place of work is a prerequisite for inclusion in the employment contract.

Therefore, we believe that remote work still needs to be reflected in the employment contract. We recommend indicating the place where the remote worker actually performs his labor responsibilities, for example, like this:

1.3. Place of work: place of actual performance of labor duties, Moscow.

Let us briefly formulate the main conclusions.

When describing the place of work in an employment contract, it is sufficient to indicate the name of the employing organization and its location, for example a city. It is not necessary to name a specific street or house number.

If an employee is hired into a separate structural unit of an organization located in another area, the place of work is reflected in the employment contract indicating this separate unit and its location - the exact address.

In the terms of the employment contract, the employer can indicate both the locality where the organization is located and a specific address. Both the first and second options will be correct.

But it must be taken into account that when indicating a place of work with a specific address, based on practice, many employers have problems when the employer moves from one address to another (even within the same area). In this case, if the employees do not agree to such a “move,” they have to notify the employees two months in advance and change the terms of the employment contract unilaterally (since the original terms of the employment contract can no longer be preserved). When indicating in the terms of the employment contract only the name of the locality where the employer is located, such a problem does not arise, and within the framework of Article 72.1. According to the Labor Code of the Russian Federation, there is a normal movement that does not require the consent of workers.

On the other hand, when indicating the place of work with only the name of the locality specified in the terms of the employment contract, problems may arise with bringing the employee to disciplinary liability for being late for work or not showing up for work. However, on this issue, practice is increasingly developing in favor of employers, and employees are less and less able to prove that he was not absent, but was at work according to the place of work specified in the terms of the employment contract, i.e. in a specific city.

Therefore, taking into account all the pros and cons of the above options, the decision on how to specify the place of work in the terms of the employment contract ultimately remains with the employer.

Please note that if you hire an employee not for a legal entity (head office), but for a branch (or other separate division located in another location), then when indicating the place of work, you must indicate the name of the separate structural division and its location (article 57 Labor Code of the Russian Federation). As a rule, this condition is filled out in accordance with the information contained in the notice of tax registration of a separate division. It can be noted that this requirement of the article of the Labor Code is not about the address, but about the location.

The concept of location in relation to legal entity defined in article 54 Civil Code Russian Federation - the place of its state registration on the territory Russian Federation by indicating the name of the locality (municipal entity).

Thus, when indicating the location of a structural unit, you can also limit yourself to indicating the locality. The indication of the full address is left to the identification of the employer.

Yuzhalin Alexander
Senior lawyer NOCHU DPO
"Institute of Professional Personnel Officer"

The employment contract must indicate the place of work. Often organizations lose sight of this rule of law and do not indicate anything in the contract. At the same time, the legislator does not indicate what is classified as a place of work or the organization itself or its location. It may be worth specifying the structural unit. Let's try to understand this issue, taking into account practice labor relations and the position of the judiciary.

Contents of the employment contract regarding the place of work

The main content of an employment contract (EA) is its terms, which the legislator divides into mandatory and additional. In part 2 art. 57 of the Labor Code of the Russian Federation lists the conditions that must be included in the contract. In the previous edition they were called essential.

When you have to change your employment contract:

Replacing the term “essential conditions” with “mandatory” is quite legitimate. This is the term “essential” in relation to all the conditions contained in Part 1 of Art. 57 of the Labor Code of the Russian Federation (as amended), did not correspond to the ideas. The concept of “essential terms of the contract” established in legal science was different.

The condition on the place of work is one of the mandatory conditions of the employment contract, without which this document cannot be considered concluded. Moreover, in some cases, the condition on the place of work is decisive when establishing the type of contract (agreement on home work, remote work).

At the same time, in the very Labor Code it is not specified what should be understood by this term. There is also no consensus among labor lawyers on this matter.

The place of work is considered to be:

• the organization itself,
• its legal or actual address,
• name of the structural unit to which the employee is hired,
• his office number.

In addition, in the Labor Code of the Russian Federation itself, the phrase “place of work” is mentioned in different meanings.

Read also:

Legislative provisions regarding the place of work in an employment contract

When an employee is sent on a business trip, he is guaranteed to retain his place of work (position) (Article 167 of the Labor Code of the Russian Federation).

The employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of his performance of government or public duties (Part 1 of Article 170 of the Labor Code of the Russian Federation).

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In turn, a permanent or temporary change in the structural unit in which the employee works is recognized as a transfer to another job. If this is specified in the contract, along with a change in job function (h. 1 tbsp. 72 1 Labor Code of the Russian Federation).

Transfer to another unit in this case will be possible only with the written consent of the worker. Provided that it is not related to organizational or technological changes. It is necessary to distinguish between the concepts “place of work” and “workplace”. The definition of the concept “workplace”, in contrast to the term “place of work”, is given in the law.

A workplace is a place where an employee must be or where he needs to arrive in connection with the performance of a labor function and which is under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

The workplace, as well as the structural unit, can, if desired, be indicated in the TD (Part 4 of Article 57 of the Labor Code of the Russian Federation).

Read also:

Place of work of remote workers in the employment contract

Under the contract, the employee will work remotely from home. Do I need to indicate my home address in my employment contract?

There is no point in specifying the workplace of a remote worker. Moreover, the TD should not specify the place(s) where the remote worker will work. Since in some cases the tax authorities may regard this as the creation of a separate structural division of the company (paragraph 20, paragraph 2, article 11, paragraphs 1, 4, article 83 of the Tax Code of the Russian Federation).

The legislation obliges the employer and his subordinate to enter into an employment agreement, which will prove the legality of the work carried out and serve as the basis for a number of state guarantees for both parties. Thus, one of its provisions is the provision on the citizen’s place of work. This information must be reflected without fail, taking into account all the nuances and characteristics of the subject’s work.

The concept of the workplace, its legislative regulation

Thus, the definition of a workplace is expressed as follows:

• the area of ​​the employer where the enterprise or some part of it is located. It also refers to territories located outside the company, in which, nevertheless, employees of this organization work (for example, branches in neighboring cities);
• direct workplace of the person.

Based on the provisions of Art. 57 of the Labor Code of the Russian Federation, designation of the place of work as a separate position labor agreement subject is mandatory. In addition, there is Art. 209 of the Labor Code of the Russian Federation, which defines a related concept - the workplace. That is, these two terms (“place of work” and “workplace”) are not identical, despite certain similarities.

Place of work and workplace ─ differences

“Place of work” is a necessary provision of the contract, based on the provisions of the Labor Code of the Russian Federation. If the parties have not indicated this position in it, it is necessary to draw up. In turn, “workplace” is recognized as an insignificant concept, which is prescribed in the text of the agreement solely at the will of the employer.

Thus, the place of work refers only to the specific location of the enterprise or its structural unit. The immediate space where an employee is located during a work shift is called a workplace and is regulated by Art. 209 Labor Code of the Russian Federation.

The workplace must be equipped with the means of labor necessary to perform specific job duties. When organizing your workspace, you should be guided by the provisions of Art. 21 and art. 119 Labor Code of the Russian Federation.

Workplaces at the enterprise are characterized by regular testing to ensure that actual conditions comply with established sanitary and hygienic standards.

So the main differences are as follows:

1. The place of work is strictly fixed in the provisions of the employment agreement. The workplace, in turn, can be registered at the request of the manager.
2. The place of work presupposes the employer’s ability to move an employee within the city for production purposes. The workplace is a fixed space.
3. To make adjustments to the regulations on the place of work, the employer must obtain the consent of the subordinate. A change of workplace is legal unilaterally, provided that the employee is notified of this action.

Basic rules for filling out documentation regarding the place of work

The parties to the employment relationship must know what to indicate in the “place of work” column in the employment contract. Thus, it is important that from its text it is as clear as possible where exactly the subject works, including those employees who carry out their activities remotely (those who are employed taking into account the provisions of Article 312.2 of the Labor Code of the Russian Federation).

So, the column may contain the following data:

It is also allowed to record information as follows: “Ivanova I. I. undertakes to fulfill her job responsibilities sales consultant for cosmetics in the “Conditional” store, located at: Moscow, st. Conditional, no. 1.”

If the subject works in a separate division located in another city, it is necessary to indicate the address of its location, and not the main office.

Particular attention should be paid to those categories of workers who have a variable place of work, in particular, work. So, based on Art. 297 Labor Code of the Russian Federation, with this method labor must indicate the place where the employee will work during the shift period. For example, if the main office of an enterprise is located in St. Petersburg, and an employee goes on a shift to Samara, then in the “place of work” column the following information should be indicated: Samara branch of the Uslovnaya company, located at the address: Samara, st. Conditional, no. 1.

If shift workers can be reassigned from one place to another, then the recording should be done differently. First of all, you will need to indicate the location of the main office, after which the note “With a mobile nature of work activity” is added.

In conditions where the distance from the main office is significant, the name and address of the main unit must be noted in the agreement, and then a note must be made: “The employee performs work activities on the basis rotation method in the territories of the Far North."

After this, the amounts of payments that are due to such an employee are indicated. They compensate for damage caused to health by the harmful influence of production factors. These procedures are regulated by Art. 170 and art. 187 Labor Code of the Russian Federation.

Responsibility for the absence of a line in the employment agreement about the employee’s place of work

Since the place of work in the Labor Code of the Russian Federation is defined as a necessary element of the employment agreement, its absence is a direct violation of labor legislation.

An employer who has not designated a subordinate’s workplace in the contract creates inconvenience, since a subject who is not assigned to a specific workplace cannot be brought to disciplinary liability.

In order for a subordinate to be punished, it is necessary to document his absence from the workplace for more than four hours. That is, a special act is drawn up taking into account the information contained in the employment agreement drawn up between the manager and the employee.

In conditions where the place of work is not fixed in the employment contract, the act of the subject’s absence cannot have legal force. If its preparation led to the collection of funds from the subject or his removal from office, subordinates have the right to even file a claim with the court about the groundless execution of the document. In order to prevent such a situation, it is necessary to clearly define all working conditions, in particular, the traveling nature of the activity.

When making adjustments to the location of the main office or a separate division where the subject works, it is necessary to draw up an additional agreement, which is an annex to the main contract.

Peculiarities of indicating the place of work in an employment contract when the work is traveling

At the moment, there is a whole list of specialties that require traveling work. Such professions include couriers, drivers, taxi drivers, etc.

The traveling nature of the work must also be stated in the employment agreement, as well as the place of work of such an employee. The location in question will correspond to the main address of the employing company, which is located in the same city where the employee carries out activities.

This category of employed persons also includes remote workers. The place of their work is reflected in the agreement as the actual place where the person performs his work activity. That is, for some employees performing their official duties remotely, such a place is their home address; for other employees, this may be the address of their actual location, for example, an office.

Therefore, in the employment agreement, in addition to indicating the address, there must be a corresponding note about the nature of the activity - traveling or remote.

The nuances of indicating the place of work in an employment agreement

The main nuances of the place of work in the employment agreement include the following:

Thus, the place of work is a necessary element of the employment agreement, which must be correctly entered. Otherwise, various conflicts and even offenses may arise.