Why the employee an employment contract and that it should be
Right / / December 24, 2019
What is a contract of employment
This is an important document that governs your relationship with your employer. It is in the contract you will be referred to in case of disagreement, and went with him to court, if something goes wrong.
The text of the agreement must be spelled out responsibilities of the employer and the employee. In particular, the contract guarantees you payment of wages, vacation, sick, in accordance with the law and the company gives confidence that the necessary amount of work to be performed.
It is important to understand how this document is issued to monitor the observance of their interests.
What are employment contracts
perpetual
The employment contract is concluded for an indefinite period of time until one of the parties that do not change. For example, until you decide quit or the company does not cease to exist.
urgent
The employment contract is for a fixed period which may notThe Labor Code, article 58. The term of an employment contract exceed five years. In this case, the employer should be the base for the design is such an agreement, such as replacement of the employee at the time of the decree. If there is a valid reason, the court may accept fixed-term contract of indefinite duration. This is done in order to protect workers' rights.
Sometimes companies enter into fixed-term contracts with no reason to dismiss an employee without hindrance when the agreement ends. Often it goes firms with shaky financial situation, which today can afford a certain number of employees, and tomorrow - no longer exists. With fixed-term contracts, they are trying to save on severance package agreed by the parties. But law such foresight is not welcomed.
Who signs the contract of employment
The agreement concluded between the employer and the employee. The worker - a natural person. As an employer can be a physical person, an individual entrepreneur or legal entity. In the first two cases in the contract the employer puts the signature itself. On behalf of the legal person it can make a director or the person to whom he gave the order of such authority.
Make sure that in the contract with a legal entity, it was stated on the basis of a document it signed a specific person. This information must be present at the beginning of the agreement.
What documents are needed
To make a contract you needThe Labor Code, article 65. Documents presented at the conclusion of the employment contract:
- the passport;
- SNILS;
- employment history, if there is (in the case of the first operation, the company has to make it on their own);
- certificate of education - a diploma or certificate;
- accounting documents of the military.
If necessary, the employer may request a certificate of no criminal record, as well as administrative sanctions for drug use. And all this, to ask the average citizen can not be additional documents.
Applicants for civil service positions haveThe list of positions in the replacement of employees who are required to submit information about income, expenses, assets and liabilities of material nature and the order of presentation of the above information capture the income statement.
As an employment contract
The contract is in writing and signed by both parties. You are obliged to issue a second copy. Keep him as the apple of his eye: it is useful in case of problems.
If the contract is in the form of writing is not ready, but you actually took up his duties with the consent of the employer, then the agreement is consideredThe Labor Code, article 67. The form of the employment contract prisoners. In employer There are three days to arrange everything properly.
The employment contract shall comeThe Labor Code, article 61. employment contract Entry into force in force at the time of its signing by both parties. Usually it indicates the date when the employee must take action as part of their job. If this is not spelled out, the first working day will be the next after the conclusion of the contract.
What should be specified in the employment contract
Work function
The document prescribes your post. This is particularly important for those whose profession involves special working conditions, extra vacation days, an early exit at the pension.
Place of work
Prescribed address of the office, where you will attend. This line will protect you from a situation where a company decides to banish you to a different branch.
Starting date and duration of the contract
already it is written above it. Keep in mind that if you do not appear at work on a specified day, the employer may terminate the employment contract.
Terms of remuneration
The document must be prescribed and the salary and additional payments and bonuses, and bonus conditions. It is important. If the award issued in circumvention of the employment contract, they can very easily stop paying. And you will have nothing to even argue.
work and rest
The work week can be differentThe Labor Code, Article 100. operating mode time But normalThe Labor Code, article 91. The concept of working time. Normal working hours no longer than 40 hours. The contract should be written, if you work five days from 9:00 to 18:00 with a break for lunch, shestidnevku or have a flexible schedule.
Guarantees and compensation for work in harmful and dangerous working conditions
For example, there will be specified additional leave.
Conditions that determine the nature of the work
It is a question of whether you want to move, for example to go by branches or customers. In this case, it will be listed Corporate Employment character.
The working conditions at the workplace
The workplace must be assessedFederal law "On special assessment of working conditions" on 28/12/2013 number 426-FZIn order to properly pay compensation if the conditions are bad or dangerous.
Conditions for mandatory social insurance for employees
The employer simply informs you about your rights.
Other conditions
The employer can make to the contract additions, if they do not impair the position of the employee. This includes information about the probation, non-disclosure of trade secrets, the obligation to work after a certain period of training at the expense of the company and so on.
Data on the sides
The surname, name and patronymic of the employee, as well as the data of the document proving his identity. to information on the requirements of the employer depends on who acts in the role. For individuals is sufficient to indicate the name and passport data. IP adds INN. The company indicates INN and information. All this is prescribed at the end of the document.
Is it possible to change the employment contract
Yes, but it can be doneThe Labor Code, article 72. Changing certain parties to an employment agreement Only by appointment. That is, you must agree to the new conditions. It is issued as a separate document.
Total
- Remember: an employment contract - an important document for the protection of your rights.
- Carefully read all the conditions. To sign, you agree to the written.
- Make sure that everything fell into the document, what you're deal in words. Otherwise, the conditions can change at any moment.
- Be sure to collect your copy of the contract and cherish forever.
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