The employment contract contains a number of specific conditions. About what these conditions are and how they differ, will be told in this article.
Labor contract: general characteristic
The employment contract fixes the main duties,rights and responsibilities of the two parties: the employer and the employee. Due to the employment contract, the functions of both parties are strictly regulated, as a result of which no violations from anybody's side should arise.
The presented document contains twogroups of conditions: these are mandatory and additional terms of the employment contract. Obligatory conditions must be prescribed in accordance with all legal acts. Simply put, they must comply with the norms. As is already clear from the name of these conditions, they are inalienable and must be strictly observed by both parties. Additional conditions of the employment contract can be fixed in a relatively free order. The employer can either accept or cut them. The situation with the employee is somewhat different: thus, imposing additional conditions on it is not allowed. The thing is that they can significantly worsen his professional position.
About the employer
The employer is one of the parties to the employment contract.This is a legal or natural person obliged to enter into regulated professional relations with employees. The subject has a number of responsibilities, among which the most basic ones can be called:
- the ability to provide a workplace;
- the need to pay the worker's labor in a high-quality and timely manner;
- responsibility to be responsible for acts or deeds, referred to in the Labor Code;
- ability to consolidate and regulate the mandatory and additional terms of the employment contract.
Employers - legal entities - this is howrule, officially registered organizations. Individual employers (or persons who are not them), lawyers, notaries, and some other categories of citizens are recognized as individual employers.
About the employee
Article 20 of the Labor Code definesemployee as a person who has entered into certain legal relationships with the employer (in this case - in labor). If we talk a little easier, the employee is absolutely any person, capable and ready to work.
It is only possible to engage in labor relationspersons who have reached the age of sixteen (with some exceptions, also specified in the Labor Code of the Russian Federation). If a citizen who has reached the age of fifteen, receives a basic general education, then he can work only in light occupations that do not cause severe damage to his health. The same applies to persons who have reached the age of fourteen. In his spare time from school and with the consent of legal guardians or parents, this person can work on easy labor specialties. In all these cases, the obligatory and additional conditions of the employment contract must be specified.
Content of the contract
It's worth telling a little more about the contentemployment contract. What elements and items should be listed there? How should the terms be distributed? All these questions are answered by special norms, in accordance with which the documents are drawn up in different professional fields.
The content of the employment contract, in fact, containsin itself the whole range of conditions and requirements that are imposed on the employee and on which the employer relies. In the beginning, of course, the general information is indicated. This can include the surname, first name and patronymic of the working person, TIN, basic information about the documents confirming the identity of the employee, as well as the place and time of the contract. In addition, the document must contain information about the organization that concludes the contract with the employee. The following are all necessary mandatory and additional terms of the employment contract.
Distinctive features of the employment contract
When drafting an employment contract, it can oftenthere are many problems. So, because of the lack of detailed disclosure of the basic conditions or functions, or because of non-compliance with the norms, the contract may not be labor, but civil-law. How to be in this situation? It is necessary, first of all, to proceed from the specific nature of the duties of the working person. The specialty, position, qualification and other key points should be clearly defined.
An employee must have a specific worka function corresponding to the specialty and inextricably linked to the work schedule. It is also worth noting that, unlike civil-law documents, the employment contract has its object not the result of work, but the specific performance of a specific task. Here, among other things, are the mandatory and additional terms of the employment contract.
The concept of labor function
The concept of labor function is to open severalmore. How does this concept define the law? The Labor Code reveals it as a job in a certain specialty in full accordance with the working schedule, qualification level or grade, type of work received, etc.
The labor function is easily determined by special job descriptions, if any. It is also worth noting that the concept presented refers to the mandatory condition of the employment contract.
What other elements are included in the content of the employment contract? Additional conditions and mandatory, their specificity and characteristics will be transcribed further.
The first group of mandatory conditions
Different kinds of conditions that must begiven in the employment contract, in fact a lot. Despite the fact that only the most basic of them will be discussed, the total number of all elements should be divided into several sub-chapters.
So, what conditions are considered in the employment contractbinding? Firstly, this is the place of work. Indicate where the working person works: in the main organization, in the branch, in any representation, from the individual entrepreneur, etc. The employment contract must contain a clear definition of the location of the workplace. Secondly, it is a labor function. This is the most important element of the employment contract, discussed above. It should be noted, however, that the labor function must correspond to very many parameters and norms. There is a whole classification, according to which the duties of the employee are determined, as well as his specific labor function.
Second group of mandatory conditions
In addition to the location of the workplace and the specificlabor function of a citizen, the obligatory terms of the labor agreement include the date of the beginning of the employment relationship. This is really an important detail, which is associated with many equally important elements. This is the beginning of the calculation of wages, and the beginning of deductions to the Pension Fund, and the moment from which the accumulation of seniority begins or continues. All information about the date of conclusion of the employment contract must be clearly stated in the documentation.
The next important condition is pay. Salary includes a lot of very different criteria. This includes the basic salary (or the size of the tariff rate), all kinds of surcharges, premiums, bonuses, vacation or leave. All these conditions must be fixed in the employment contract.
The third group of mandatory conditions
Before moving on to the question of whatrefers to the additional terms of the employment contract, it is necessary to complete the topic of mandatory conditions. What else is needed in this case? The elements that must necessarily be prescribed in the document are also the mode of rest and working time. This is the schedule of holidays and weekends, lunch breaks, information about working hours and days.
The amount of compensation for difficult orHeavy work should also be spelled out in the document. Do not forget about the characteristics of individual working conditions. Hence, by the way, another obligatory condition also follows: a description of the nature of the work. It is a question of special classification and the correlation of certain working moments with it (mobile type of work or not, with emphasis on physical abilities or intellectual, etc.).
The last moments, which also belong to the group of mandatory conditions - this is an indication of the social insurance of the employee, as well as certain norms provided by law.
First of all it is necessary to understand that in generalare additional working conditions. First, the right to introduce or in any way regulate them belongs only to the employer. Secondly, the additional conditions should in no way impede the effective performance of labor functions by the employee.
In themselves, the additional conditions aresome elements that allow to "patch" the labor contract in case of its incorrect registration or inconsistency with the norms. So, if due to a defect in form a document can be recognized as invalid, all the missing moments are entered into it. These are additional conditions. What additional conditions can be taken into account by the employer when concluding an employment contract? There are a lot of such conditions, however, it is worth highlighting the most basic and most frequently used ones.
The first group of additional conditions
As already mentioned, the labor contract may lack certain legal and regulatory elements.
We will consider later what additional conditions of the employment contract may be. A sample sample is presented below.
That the contract and at all was not terminated, it is necessary to pay attention to presence of following elements:
- clarification from the workplace (availability of all necessary information and characteristics from the workplace);
- clarification of the test (it is a question of contests or interviews);
- data on non-disclosure of commercial, organizational, political or any other secrets, as well as clarification of possible sanctions for its violation;
- data on excavations.
The last point is a separate topic,which deserves more detailed consideration. However, we can give one simple example. So, the employer is able to pay for training a working person. In this case, the employee is obliged to work out, at the end of the training, all those working hours that would cover the employer's expenses for tuition.
What other additional conditions stipulated in the employment contract should be worthwhile? This will be discussed later.
The second group of additional conditions
The employer is able, if necessary, to enter into the contract the following additional conditions:
- information on the types, conditions and principles of supplementary worker insurance;
- Additional conditions of the employment contract are also data on improving the social and social conditions of the worker, as well as members of his family;
- various kinds of clarifications about rights, duties, as well as elements of employee responsibility;
- data on the additional pension security of the worker (from non-state resources).
Change of additional conditions of laborThe contract is possible if the employer wants it. Unlike mandatory standards, additional conditions can be deleted, saved or otherwise modified.
What else is included in the employment contract?
According to the agreement of both parties,contract, its terms can be varied or supplemented in every possible way. So, the new employer can get used to new duties. It is worth remembering that any change in the employment contract must be carefully agreed upon by all parties.
If the document does not include any importantelements (for example, the same mandatory conditions), then the contract is not terminated, but sent for revision. The failure to include any elements in the agreement will never be the reason for refusing to implement the main documented responsibilities. An additional agreement will be drawn up for the employment contract. Working conditions will be supplemented or modified, as a result of which the treaty will once again become effective.