How to conclude an employment contract correctly and legally?

Last modified: January 2021

An employment contract is an agreement between the employee and the administration, according to which the former undertakes to perform a labor function, subject to the internal rules of the employer, and the employer creates the necessary conditions and pays for the work. The legislator has determined the procedure for concluding an employment contract.

How to conclude an employment contract, terms of conclusion, procedure for registration is presented below.

What documents are needed

The procedure for concluding an employment contract includes the right of the employer to ask the applicant for documents.

1. Passport or other document confirming the identity of the applicant.
2. Work book. When an applicant is employed for the first time, has lost his work permit, it is damaged, it will be taken over by the organization’s personnel service, and the part-time worker must submit a certificate or a certified copy of the work record.
3. A part-time worker entering a production facility with harmful, dangerous factors will be required to provide a certificate about the conditions at the main workplace. According to Art. 282 of the Labor Code of the Russian Federation, part-time work in hazardous, hazardous production is prohibited if the employee works in such conditions at his main place.
4. Insurance certificate of compulsory pension insurance. For those who are employed for the first time, it is formalized by the organization that accepts it.
5. Military ID or registration.
6. A document that indicates completion of a vocational educational institution or courses. For example, the driver must have a license to drive vehicles of the appropriate category.
7. A certificate that the applicant has not been convicted and has not been subject to criminal prosecution. The certificate will be needed when applying for a job:
   in air transportation;
8. in ensuring safety in transport, in the fuel industry, in the electric power industry;
9. pedagogical profile;
10. related to minors: their recreation, health improvement, medical care;
11. to sports organizations where minors are members, cultural and art organizations where they work (Articles 331, 351.1 of the Labor Code of the Russian Federation);
12. to clearing organizations.

1. A certificate that the applicant has not been administratively punished for the use of narcotic or psychoactive substances. Such a certificate is needed to conclude a contract when entering security units in transport, aviation, private security, river or sea vessels, when future work is related to operating trains.
2. Written permission of one parent, guardianship and trusteeship authorities for the admission of fourteen-year-olds and younger.

Documents not specified by the legislator cannot be required.

What is an employment contract?

Form and meaning of the employment contract

An employment contract is a voluntary, mutual agreement between two parties, describing their mutual responsibilities and rights. According to the contract, the employer undertakes to provide the employee with the tasks and working conditions described in this contract. The employee, in turn, guarantees independent, responsible and high-quality performance of his duties.

The procedure for concluding and executing an employment contract involves the written confirmation of the agreed obligations. Only in this case do the parties to the contract claim to protect their rights in court.

Important!

According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded exclusively in writing, in two copies. The employer is obliged to formalize the employment relationship with the employee within three days after the actual admission to work.

It is the employment agreement that describes the conditions under which the employee performs his duties. For the employee, this is a guarantee of timely payments, sick leave or vacation. Refusal to comply with the norms established by law leads to administrative liability.

Legal assistance with drawing up an employment contract:

Rules and stages of the procedure for drawing up an employment contract

The Labor Code of the Russian Federation does not contain a strict sample employment agreement. In accordance with Art. 57, the document must contain:

• name of the company and full name of the employee applying for the position;
• position and type of work (main or part-time);
• date of actual employment;
• end date of service when applying for a fixed-term employment contract;
• mutual rights and obligations;
• the amount of salary, bonus, condition of payment of allowances;
• schedule;
• the procedure for payment and the amount of monetary compensation in the event of an industrial injury or harm to the physical health of an employee.

Important!

The employer is required to include each of the listed points in the agreement. Otherwise, the contract may be declared invalid.

Registration of employment under an employment contract is carried out in three main stages:

• The employee provides an identity card, TIN and SNILS to the employer. If the job requires special physical skills or the work is harmful to health, the employee will be required to undergo a preliminary medical examination. The candidate must agree to this procedure. If a citizen enters an official position for the first time and cannot provide a work book, the employer is responsible for processing it.
• Issuing an employment agreement, familiarizing the employee with it and signing the contract. The agreement comes into legal force from the moment the relevant document is signed or the employee is actually admitted to the place of work.
• Issuing an order to hire an employee. The terms and conditions of the document must comply with the terms described in the employment agreement. The employer enters the necessary information into the employee’s work book and provides a copy of the employment order.

Important!

according to Art. 69 of the Labor Code of the Russian Federation, the employer undertakes to familiarize the employee with labor and safety rules, company regulations, and other regulations. The employee confirms his awareness with a personal signature.

Body check

• Passing a medical examination when hiring according to the Labor Code of the Russian Federation

Mandatory for those seeking employment:

• minors;
• athletes;
• to production facilities with harmful, dangerous factors, underground;
• for transport;
• in the food industry, catering, trade;
• in the organization of water supply;
• in a medical organization;
• in organizations for children and adolescents.

Initial stage of approval and familiarization

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

After selecting a candidate for the position, the employer requests the necessary documents from the future employee. The procedure for concluding an employment contract determines that a citizen may be required to:

• passport;
• diploma (certificate);
• work book;
• military ID;
• TIN certificate;
• health insurance policy;
• state insurance certificate pension insurance;
• recommendations.

Additionally, the employer has the right to request evidence of qualifications and practical work experience (knowledge), if this is necessary for the specifics of the future job.

In cases where the law has introduced restrictions on the ability to hold a position for persons with a criminal record, a certificate of absence or expungement of a criminal record is requested. The general rules for concluding an employment contract do not give the right to request such a certificate.

A candidate for a position has the right to familiarize himself with future working conditions and make his wishes. If there is a mutual desire with the employer, agree on the terms of the employment contract, for example, part-time work. The employee must always be familiarized with the employment contract before signing it!

The law does not establish specific deadlines for familiarization with an employment contract, but Art. 68 of the Labor Code of the Russian Federation determines that before starting work, an employee must familiarize himself with the internal rules and the necessary safety instructions. There is a legal deadline for drawing up an employment agreement - three days from the start of work.

Attention: if your employer offers you to enter into a civil contract along with an employment contract, we recommend that you read this material!

Test period

The applicant may be given a test. If such a condition is not specified, the applicant is considered to be accepted without it. If the newly hired employee has started working and the contract has not been concluded, a test clause may be included in it if a written test agreement was concluded before the start of work.

If a newly hired employee fails the test, the employer can fire him with three days’ notice. And since this method of termination requires the preparation of additional documents, in practice it is rarely used.

Tests cannot be introduced for the following categories:

• selected based on the results of the competition;
• minors;
• those who have graduated from a secondary educational institution or university and are employed for the first time;
• entered into an elective position;
• arrived by transfer to a new place;
• employed for a period of less than two months.

The trial period is limited to three months. For those employed for up to six months - fourteen days. For directors, their deputies, chief accountants, those who manage representative offices, branches, and similar divisions, this period is limited to six months.

To test the professional qualities of an employee, it is necessary to draw up tasks, familiarize him with them, and make notes on completion. In reality, organizations apply the test formally.

If the test subject is ill or does not go to work for any other reason, these days are excluded from the test time.

Who can draw up an employment agreement

The main criterion for applying for a job under an employment contract is that the candidate has reached the age of majority. From this age he has the right to independent employment.

Citizens aged 16 to 18 also have the right to independently draw up an agreement. In this case, the employer is obliged to strictly regulate the employee’s schedule. Such workers are prohibited from heavy and hazardous work, night shifts or overtime. The employment agreement must include a provision for part-time work.

Children from 14 to 16 years old can be hired only with the official consent of a parent or representative of the child’s interests. In this case, working conditions are regulated even more strictly: no more than 35 hours per week.

Trial period

The first period is an introductory period. Within the framework of it, there is, in fact, a personal acquaintance between the employer and the hired employee; both formal and informal aspects of communications may be present.

So, for example, in order to correctly formalize the employment relationship, an employee must provide the employer with a number of documents - an identity card (usually a passport), SNILS, diploma or other source confirming qualifications. If a person gets a job not for the first time and he has a work book, he is also obliged to hand it over to the employer. The procedure for concluding an employment contract involves providing a certificate with a TIN, as well as, if necessary, a military ID. In turn, if a person gets a job for the first time, the employer must assist him in preparing the necessary documents.

We noted above that, along with the execution of the main contract document confirming the official employment - an employment contract, the employer may have an obligation to familiarize the employee with certain local regulations. Lawyers note that many of these sources must be provided to the person before concluding an employment contract. This applies to internal regulations or, for example, samples of collective agreements.

Contract and trade secret

The general procedure for concluding an employment contract allows for the inclusion of clauses reflecting the obligations of the hired employee to maintain the trade secrets of the enterprise that hired him. The legal basis for the relevant provisions may be regulations adopted at the federal level. At the same time, the employer must make sure that the alleged trade secret meets the criteria reflected, in particular, in Article 139 of the Civil Code of Russia.

It says that the relevant secret information can be considered a trade secret if it has a real or perceived commercial value due to unknown to third parties, provided that the employer protects this information, and also provided that there is no free, public access to it on the grounds that provided for by current legislation.

Terms of contracts

Contracts confirming the relationship between employees and management must contain certain provisions. In addition, the terms of the contracts signed must meet the interests of the parties. We are talking about the following information:

Keep in mind: working conditions, as well as the procedure for concluding, amending and terminating an employment contract , may vary depending on the requirements of management and the nature of the activity performed. But it cannot contradict the provisions of the Labor Code!

Also see “Standard employment contract: who, why and when can conclude it.”

A separate line is worth highlighting the condition of passing the probationary period. Having this period provides some benefits to both management and the employees themselves.

Thus, during the trial period, it is permissible to unilaterally terminate the employment relationship in a shorter period of time. 3 days are allotted for this, and not 2 weeks, as under other conditions.

If the employee’s work activity during the probationary period did not produce the desired results, management has the right to say goodbye to him without paying severance pay.

The probationary period is not imposed in relation to the following persons:

• pregnant women with children under 1.5 years of age;
• minors under 18 years of age;
• elected to office;
• employees who have entered into a fixed-term contract of up to 2 months;
• employed by transfer as a result of an agreement between employers;
• other persons in accordance with the law.

For more information about this, see “Probation period: who is not determined.”

Stages of interaction between employer and employee

The general procedure for concluding an employment contract may also involve communications between the employer and the employee during the periods preceding the signing of the relevant contract. Let's consider the main features of this stage. Lawyers distinguish three periods within which the employer and the employee interact in terms of initiating labor relations. Of course, we are talking about the stages after successfully passing an interview or, for example, a competition, as a result of which a person has already been invited to work for a current vacancy.

Specifics of collective agreements

A collective agreement is a document that, if you follow the provisions of the Labor Code of the Russian Federation, reflects mainly the social component of the interaction between the employer and employees. That is, it reflects the conditions for the provision of vacations, vouchers to sanatoriums, some provisions on remuneration, etc. Collective labor agreements are considered the norm for modern Russian enterprises. Such agreements promote trusting communications between employers and employees, as well as strengthening employee loyalty to the company.

In general, firms are not required to enter into a collective agreement with employees. However, if such an initiative comes from the employees themselves, then, according to the law, within 7 days the company must enter into negotiations with them regarding the preparation of the relevant documents.

The procedure for concluding a collective labor agreement, as lawyers note, is quite free - it is determined by the parties themselves. An interesting fact is that if the employer and employees have not reached a compromise on the terms of the relevant agreement, then three months after the start of communications on this issue, the agreement must be signed in any form. In this case, it is necessary to supplement it with a protocol that will reflect disagreements.

Cost of services

Order

Termination

The end of the working relationship between the parties involves the termination of contracts. Let us remind you that the procedure for concluding, amending and terminating an employment contract is entirely subject to the rules of the Labor Code of the Russian Federation. There may be several reasons for dismissal:

1. due to the expiration of the contract;
2. at the request of the employee;
3. at the request of the employer (for example, in case of unsatisfied quality of work, in case of systematic violation of labor discipline, when the enterprise is closed).
4. by agreement of the parties.

The law obliges employers to provide former employees with compensation payments upon termination of contracts. And in some cases - severance pay. Moreover, their size may depend not only on the requirements of the Labor Code of the Russian Federation. Employers can independently stipulate these issues within the framework of employment agreements and other personnel documents.

Also see “Compensation for unused vacation”.

In general, the procedure for concluding, amending and terminating an employment contract is subject to current labor law. Its main principles are maximum adherence to the interests of stakeholders. If they are violated, the terms of the contract can be appealed in court.

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