Recruitment
Hiring takes place with the personal participation of the applicant for a job vacancy (employee), and obliges him to have the necessary minimum documents. These include:
- Passport or official document identifying the employee.
- Employment history. In case of initial employment, the work book is prepared by the employer.
- Insurance certificate.
- Military registration document. For minors - a registration certificate issued by the military registration and enlistment office.
- Education document. The presence of such a document is necessary if the proposed work requires certain knowledge and skills that must be confirmed.
In addition, in some cases: additional health certificates are required (for example, if the employee is a minor), for pregnant women. The categories of persons subject to mandatory medical examination are determined by the provisions of Art. 69 Labor Code of the Russian Federation. In special cases, taking into account the specifics of the upcoming work, a certificate of absence or presence of a criminal record, or a document of a psychiatric examination may be required.
An additional list of required certificates is determined by the employer. The legislation of the Russian Federation provides for the possibility of employing workers over 15 years of age for light work. This category of employees may have special requirements for the availability of certificates, for example, written permission from parents or guardians.
Abstract on the topic “Employment contract: concept, content, types”
The conditions for a citizen to realize his ability to work when he enters work as an employee are determined by concluding an employment contract. An employment contract is one of the main grounds for the emergence of labor relations between an employer and an employee.
Content
Introduction 1. The concept of an employment contract 2. Contents of an employment contract 3. Types of employment contracts Conclusion List of sources used
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Introduction
The conditions for a citizen to realize his ability to work when he enters work as an employee are determined by concluding an employment contract. An employment contract is one of the main grounds for the emergence of labor relations between an employer and an employee. In the Russian Federation, legal norms regulating and protecting labor and labor relations form the most important legal branch - labor law, the central institution of which is the employment contract.
An employment contract provides citizens with a free choice of work in accordance with their abilities, profession and qualifications. For the employer, its conclusion is an opportunity to select the most qualified and experienced workers.
An employment contract is the basis for the emergence of an employment legal relationship and at the same time the basis for the validity of this legal relationship over time.
By concluding an employment contract with an employer, a citizen becomes his employee, and from that moment on he has the right to claim social guarantees and protection provided for by labor legislation.
For its part, the employer who has entered into an employment contract with the employee acquires the right to demand that he submit to certain rules of behavior in the process of work and the will of the manager on the terms and within the limits established by labor legislation, the collective agreement (agreement) and the employment contract.
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Due to the relevance of the topic under consideration, the purpose of my work is to analyze the employment contract.
This goal is achieved by solving the following tasks: to reveal the concept of an employment contract; analyze the contents of the employment contract; explore types of employment contracts.
1. The concept of an employment contract
Article 56 of the Labor Code of the Russian Federation establishes that an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to ensure working conditions provided for by labor legislation, a collective agreement, agreements, local regulations containing labor standards the right to 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 and to comply with the internal labor regulations in force in the organization.
An employment contract is the basis for the establishment of labor relations between an employee and an employer. It determines the individual conditions under which an employee works in an organization. Therefore, it is extremely important to comply with the legislation on the employment contract - the form, the employment contract, the procedure for its conclusion, amendment and termination.
An employment contract is a legal fact that gives rise to an employment relationship, and at the same time, the basis for its validity in time. This provides the opportunity for the employee and the employer to take into account (coordinate) mutual interests not only at the time the employment relationship arises, but also during its existence.
Changing the terms of the employment contract or its termination accordingly changes or terminates the employment relationship. By concluding an employment contract, a citizen exercises the right granted to him by the Constitution of the Russian Federation to freely choose a job in accordance with his abilities, profession and qualifications. For an employer, the right to conclude employment contracts means the opportunity to select workers who, in their professional and business qualities, correspond to the work assigned, and are the most qualified and experienced workers.
Currently, of all the forms of realizing the right to work, the employment contract should be recognized as the main form, because it is he who best meets the needs of market labor relations based on the hired nature of labor.
An employment contract is of great importance, both legal and economic:
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The employment contract serves as the basis for the existence and development of the employment relationship;
The employment contract establishes specific working conditions for each employee, i.e. thereby individualizes the abstract concept of the labor relationship;
An employment contract is the main form of distribution and redistribution of labor and labor resources in the country, i.e. it assigns workers to a specific organization, to a specific industry and territory;
The right to work and employment are realized through an employment contract.
The social significance of an employment contract is that through its conclusion the right to work and employment, as well as freedom of labor, is realized.
The legal significance of an employment contract is that it is the basis for the emergence and validity of the employee’s employment relationship over time.
Thus, we can say that everyone has the right to freely manage their ability to work, choose their type of activity and profession. At the same time, citizens in the labor market exercise their constitutional right to work, which is currently exercised, in particular, by concluding an employment contract.
2. Contents of the employment contract
The content of any contract refers to its terms, which determine the rights and obligations of the parties. The content of an employment contract is the totality of its conditions. In labor law, the terms of an employment contract are divided into essential (necessary) and additional (optional).
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Essential (necessary) conditions are those conditions that must necessarily be contained in any employment contract and the absence of which indicates the absence of the employment contract itself.
Additional (optional) conditions are those conditions that are not necessarily inherent in the employment contract and the presence of which is determined at the discretion of the parties.
First of all, the employment contract contains information about the employee and the employer, i.e. the last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual or the full name and location of the legal entity) who entered into the employment contract.
The essential terms of a modern employment contract include:
— place of work (indicating the structural unit);
— start date of work;
— name of the position, specialty, profession indicating qualifications in accordance with the organization’s staffing table or a specific labor function.
— characteristics of working conditions;
— work and rest schedule;
— terms of remuneration.
Place of work (indicating the structural unit). The place of work is a specific organization, its name, the name of the structural unit within the organization where the employee is hired (workshop, site, department or, at the request of the employee, a specific mechanism, workplace, etc.). Being a necessary condition of any employment contract, the place of work is usually determined by the location (within established boundaries) of the organization as a party to the contract. This means that the employee can be used for work in any structural part of the organization (workshop, department, etc.). If the structural units of the organization are located in different localities and administrative regions, then the place of work when concluding an employment contract is specified in relation to these structural units.
Start date of work (and end date if a fixed-term employment contract is concluded). The start time of work is a necessary condition of the employment contract. Typically, an employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise provided by current legislation or the employment contract itself, however, the parties can agree on some delay of this point (for example, due to the need to transport the employee’s family to a new place of residence, property, etc.). If the employment contract does not stipulate the start date of work, the employee must begin work on the next working day after the contract enters into force.
If a fixed-term employment contract is concluded, it shall indicate the period of its validity and the reason that served as the basis for concluding a fixed-term employment contract in accordance with labor legislation.
Labor function, i.e. the name of the position, specialty, profession indicating qualifications in accordance with the organization’s staffing table. Each of the listed names has its own definition.
Profession is a type of work activity determined by the purpose and nature of work functions.
Position is an established set of responsibilities and corresponding rights, defining the rights that define them, defining the place and role of the employee in the organization, as well as his responsibility for their implementation.
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Specialty is a type of occupation within one profession, a narrower classification of the type of work activity that requires specific knowledge, abilities, skills acquired as a result of education and ensuring the formulation and solution of professional tasks.
Qualification is the type of professional preparedness of an employee, the presence of knowledge, skills and abilities necessary to perform a certain job. All listed names are indicated in the employment contract in accordance with the staffing table. In this case, the staffing table is understood as an organizational and administrative document in which the official and numerical composition of the organization is fixed, and the wage fund is also indicated.
If, in accordance with federal laws, the performance of work in certain positions, specialties or professions is associated with the provision of benefits or the presence of restrictions, then the names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements specified in the Qualification Directory of Positions of Managers and Specialists and other employees (approved by Resolution of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37). As experts rightly note, with the development of a market economy and new information technologies, new positions of workers, specialists and employees appear, the names of which are not in any directory. Therefore Art. 57 of the Labor Code of the Russian Federation considers as an essential condition of an employment contract not only the name of the position, specialty, profession indicating qualifications in accordance with the staffing table, but also an indication of the specific type of work assigned (if the staffing table does not contain the name of the position).
The rights and obligations of the employee and the employer are secured by Art. 20 – 21 of the Labor Code of the Russian Federation and their listing in the employment contract seems inappropriate. However, when concluding an employment contract, specific rights and obligations inherent in various types of employee activities must be specified in the concluded employment contract. Also, the employee must be familiar with all his rights and obligations, as well as the rights and obligations of the employer provided for by the regulations adopted by the organization, the collective agreement, and the agreement. The fact of familiarization with these documents must be certified by the employee’s signature.
Conditions of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments). The employment contract may not only indicate a fixed amount, but also make reference to the relevant regulatory legal acts adopted centrally, as well as to the collective agreement and bonus regulations in force for a given employer. The terms of remuneration indicate not only the size of the basic tariff rate (official salary), but also the amount of additional payment (for example, for combining professions), allowances (for example, for an academic degree) and incentive payments (for example, all kinds of bonuses, remunerations for general results of work during the quarter, year, etc. Types of additional payments and bonuses due to an employee for high qualifications, long work experience, deviations from normal working conditions, grounds and conditions for incentive payments, etc. must be established in the employment contract as follows the same as the period for payment of wages.
Types and conditions of social insurance directly related to work. In addition to compulsory social insurance, including insurance in case of injury to health in connection with the performance of work duties, employees are provided with voluntary medical insurance, if it is provided for employees of a particular organization.
The following conditions for concluding an employment contract are significant only for employees working in conditions deviating from the usual ones.
Characteristics of working conditions, compensation and benefits to employees for work in difficult, harmful and (or) dangerous conditions are established if, in accordance with the employment contract, the employee undertakes to perform work in the specified conditions.
Work and rest schedule (if it differs for a given employee from the general rules established in the organization). A special work regime, such as part-time work, a week, work in one shift and a special rest regime - the provision of an additional break or leave, is established if the work and rest regime does not coincide with the general regime established by the internal labor regulations.
Additional conditions that may be contained in an employment contract at the discretion of the parties, but are not mandatory, include: a probationary period condition; condition on non-disclosure of state, official, commercial and other secrets protected by law; the condition is 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; other conditions that do not worsen the employee’s position in comparison with current labor legislation.
From all of the above, it can be argued that the content is an integral part of any employment contract. All terms of the employment contract must be observed, or the terms can be changed by agreement of the parties in writing.
3. Types of employment contracts
Labor legislation provides for characteristics that classify employment contracts into separate types. Such features may be: the term of the contract, its specific content, the form of the contract, the procedure for concluding. Depending on the duration of their validity, employment contracts are divided into two types (Article 58 of the Labor Code of the Russian Federation):
1) An employment contract concluded for an indefinite period.
2) A fixed-term employment contract concluded for a period of no more than five years (unless another period is established by law): taking into account the nature of the work; due to the working conditions.
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Employment contracts concluded for an indefinite period are a typical type of employment contract. If the parties do not agree on the particularly urgent nature of the work, then it is considered that this work is permanent, unlimited by any period. The agreement can only determine the date of its entry into force.
A fixed-term contract is concluded in cases directly provided for by law, as well as when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, i.e., the two specified circumstances must be taken into account, unless otherwise provided by the Law. Fixed-term employment contracts are not typical, since such work places workers in strict dependence on the employer.
Having secured the possibility of concluding fixed-term employment contracts, the law, meanwhile, limits the scope of their application to strictly defined cases. When concluding a fixed-term employment contract, the employer is obliged to indicate specific circumstances under which the nature and conditions of the work impede the conclusion of a contract for an indefinite period. A fixed-term employment contract can be concluded at the initiative of the employer or the employee, and the conclusion of a fixed-term employment contract at the initiative of the employer is his right and not an obligation, but if the initiative comes from the employee, then the issue is resolved by agreement of the parties (Article 59 of the Labor Code of the Russian Federation).
An employment contract for an indefinite period can be:
1) usual, concluded in most cases;
2) concluded under special legislation;
3) concluded upon admission to a civil service position;
4) with an employee hired through a competition;
5) with a young skilled worker or young specialist admitted in the direction of the relevant educational institution (vocational school, university, technical school, etc.);
6) on combining professions;
7) part-time;
for home work;
9) with a non-staff employee;
10) with those working for citizens under agreements (contracts) - domestic workers;
11) with key transport workers;
12) with workers on a rotational basis, etc.
A fixed-term employment contract can be concluded:
- in order to replace a temporarily absent employee, who is in charge of
In accordance with the law, the place of work (position) is preserved.
— with undergraduates, graduate students and other persons studying full-time;
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— for the duration of temporary (up to two months) work, as well as seasonal work, when, due to natural conditions, work can only be carried out during a certain period of time (season);
— to carry out urgent work to prevent accidents, as well as to eliminate their consequences;
— with creative workers; with scientific, teaching and other employees who have entered into employment contracts for a certain period as a result of a competition held in the manner established by law or other regulatory legal act of a state authority or local government;
- in case of election for a certain period to a member of an electoral body or to an elective position for paid work;
— with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;
— with persons working part-time in this organization;
- with age pensioners, as well as with persons who, for health reasons, in accordance with a medical certificate, are allowed to work exclusively of a temporary nature.
So, depending on the validity period, employment contracts are divided into two types: an employment contract concluded for an indefinite period and a fixed-term employment contract concluded for a period of no more than five years.
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Conclusion
In conclusion, we can say that the employment contract is the central institution of the branch of law, as well as the basis for the emergence of labor relations.
The presented abstract provided a brief description of the main range of issues related to the employment contract.
During the study, the concept of an employment contract was revealed; the content of the employment contract was analyzed; The types of employment contracts have been studied.
The topic is quite voluminous, interesting and, undoubtedly, relevant today. By studying this topic, you can protect yourself from possible mistakes when concluding such an important document as an employment contract.
I would like to believe that today many more people are legally literate in this matter, since we all get jobs and quit. If we are competent in this matter, we will never be deceived, and we will be able, based on the Labor Code of the Russian Federation, to protect ourselves upon dismissal, to judge how competently our employment contract was drawn up. From which we can conclude that the topic is very relevant and should be studied by everyone.
It can be stated that the goal has been achieved and all tasks have been solved.
List of sources used
1. Labor Code of the Russian Federation dated December 30, 2001 2. Panina A. B. Labor Law: textbook - 2nd edition. Moscow "Forum - INFRA". 2005 P. 288. 3. Ryzhenkov A. Ya. Labor law of Russia. Moscow "URAYT". 2011 P. 466.
Guarantees for employees
The Constitution and the Labor Code of the Russian Federation guarantee freedom of labor. Every citizen has the right to use his ability to work at his own discretion. Forced labor is prohibited in the Russian Federation.
A manager cannot choose his employees based on gender, race or nationality. This means that the fact that a person has a different nationality cannot serve as a basis for refusal. It is also not allowed to refuse admission for other reasons. For example, a pregnant woman cannot be denied employment simply because she is in an “interesting” position.
If a candidate for a position does not agree with the refusal, he can appeal it in court. To do this, you must ask to prepare a reasoned refusal in writing.
3 reasons for refusal that are considered justified:
- there are no vacancies at the enterprise;
- the company is at one of the stages of bankruptcy;
- staff is being reduced.
Also, the refusal is considered justified if the applicant for the position does not have the necessary documents. Being too young is also often a barrier to employment.
When an applicant refuses to sign a liability agreement or an agreement on non-disclosure of state secrets, this is also a serious violation. If the conditions are not met, the position may be refused.
Grounds for termination
The procedure for concluding a contract suggests that the omission of any important conditions may be the reason for termination of such an employment contract. Any changes to the terms of the employment contract after its conclusion are subject to modification only by agreement of the parties in the manner prescribed by law.
The concept of labor relations begins from the moment of concluding an employment contract in the prescribed manner: in writing, in two copies. Based on the concluded agreement, in accordance with the procedure for concluding employment contracts, the employer draws up an order, the content of which must correspond to the clauses and concepts of the agreement. According to the order, an entry is made in the employee’s work book.
The employee begins to perform official duties on the day the contract is signed. If the start date of the employment relationship is not specified in the contract, then the employee goes to work the next day after the conclusion of the contract.
The basis for termination of an employment contract in the manner initiated by the employer is failure to show up for work within 7 days after its conclusion without reasonable reasons. A correctly drawn up employment contract is a guarantee of protection of the rights of both the employee and the employer.
