Mandatory conditions of the employment contract. Mistakes made by the employer when drawing up employment contracts
- Russian law is designed not to intimidate, but to affirm and protect the freedom (natural and inalienable rights) of a person in all spheres of his life, to promote the strengthening of law and order in society. Therefore, it is necessary to know the laws and learn to respect them.
- Respect for laws means that their requirements are recognized and implemented by the citizen as unconditionally necessary, useful for him, other people, society as a whole. And for this, it is necessary to overcome the legal nihilism that is still characteristic of many Russians, to educate in oneself a modern legal culture - a culture of recognizing and protecting law, human rights. This is the only way to achieve self-realization and success in any area of your life.
Document
From the Labor Code Russian Federation.
- surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract.
- place of work (indicating structural unit);
- date of commencement of work;
- the name of the position, specialty, profession, indicating qualifications in accordance with staffing organization or specific job function. If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation;
- the rights and obligations of the employee;
- the rights and obligations of the employer;
- characteristics of working conditions, compensations and benefits to employees for work in difficult, harmful and (or) dangerous conditions;
- regime of work and rest (if it is in relation to this employee differs from general rules established in the organization);
- terms of remuneration (including the amount tariff rate or official salary employee, additional payments, allowances and incentive payments);
- types and conditions of social insurance directly related to labor activity.
Article 57
Essential conditions employment contract are:
Questions and tasks for the document
- Comment on the terms of the employment contract.
- Based on the text of the paragraph, disclose the rights and obligations of the employee, as well as the rights and obligations of the employer.
- What are the general rules for working and resting? Use paragraph material in your answer.
- What is the significance of the fact that the law sets out the terms of an employment contract in detail?
Questions for self-examination
- What are the common features and what are the specifics of the branches of Russian law?
- What is the difference between an employment contract and civil law contracts? Explain your answer with specific examples.
- What are the similarities and main differences between a misdemeanor and a crime?
- How do you understand the position that Russian law is intended to become a measure of freedom and justice?
Tasks
- Citizen K. decided to legally marry his cousin. Do you think this marriage will be registered? Explain your answer
- Spouses after 15 years of marriage signed a marriage contract to change the legal regime of joint ownership. Are the actions of the spouses legal? Explain the answer.
- Pick up in periodicals examples illustrating offenses in Russia. Determine the types of these offenses.
- Prepare to lead a class discussion on the topic “Are there offenses that are not dangerous to society?”.
Thoughts of the wise
"The people must defend the law as their stronghold, as their defensive wall."
Heraclitus (late 6th - early 5th century BC), ancient Greek philosopher
Actions of the manager and employee when hiring:
- The head must acquaint the citizen with local acts organizations - and (some of their provisions constitute essential working conditions), this is required by law (see).
- Then the contract is signed, one copy of which the employer must give to the employee.
- After signing the document, it is published within three days.
- An employment record is made in the employee's book within five days.
According to Art. 68 of the Labor Code of the Russian Federation, the hiring of a new employee is formalized by an order issued on the basis of a contract.
List of mandatory and optional factors
The legislation does not establish a rigid form of an employment agreement, but Art. 57 of the Labor Code of the Russian Federation establishes essential and additional terms labor contract. Let's dwell on them in more detail:
| Mandatory conditions | Additional terms |
|---|---|
|
In accordance with Art. 57 of the Labor Code of the Russian Federation, the mandatory terms of the employment contract in 2019 are as follows:
|
The agreement may contain:
|
| For certain categories of workers, the Labor Code of the Russian Federation establishes other essential conditions. For example, if a contract is concluded with an athlete or coach, it must include the conditions provided for Art. 348.2 of the Labor Code of the Russian Federation. Thus, it is not only Art. 57 of the Labor Code of the Russian Federation, but also by special norms of the code. | Additional information is intended to supplement the mandatory terms of the contract. They are entered at the discretion of the parties. They are subject to a mandatory requirement: they must not contradict the Labor Code of the Russian Federation. |
If necessary, the contract is supplemented with any information. In this case, a written annex (additional agreement) is drawn up to it, which is signed by both parties.
If an employee decides to end the working relationship, he submits a letter of resignation to the manager two weeks before leaving the organization (unless other deadlines are provided). After signing the application, an order is issued. On the last day of work, a book is issued and payments are made ( wage, compensation for unused vacation).
In the second case, the termination of the contract most often occurs due to the liquidation of the organization, staff reduction, if the employee has not passed the probationary period, and for other reasons.
Terms of the employment contract
An employment contract is an agreement under which the employer is obliged to give the employee a job and normal working conditions, pay for his work on time and in full, and the employee must perform the work specified in the agreement, comply with labor regulations. The labor is drawn up in writing, signed by the employer and employee. The document must contain the following information:
Full name of the employee, name or full name of the employer (if he is an individual);
Data of the employee's passport (or other document confirming his identity) and the employer (if he is an individual);
TIN of the employer (if it is a legal entity);
Information about the representative of the employer who signs the employment contract, and an indication on the basis of which he acts (for example, on the basis of a power of attorney, charter or order);
Date and place of imprisonment.
The essential terms of the contract are such terms, without which the document has no legal force. By Civil Code RF, include: the subject (object) of the contract, as well as legally named essential conditions for the specific and conditions on which an agreement must be reached. The document is considered valid only when there is agreement on all material points.
Mandatory conditions of the employment contract:
The labor duties of an employee (a certain type of assigned work by profession, specialty with specification of qualifications);
Place of work; if the employee is accepted to a branch or representative office of the employer, the contract indicates the name of the structural unit and its address;
Start date of work;
If - the time of its action is specified;
Salary payment system, terms of additional payments, allowances, bonuses and bonuses);
Indication of intervals of working hours and breaks for rest;
Compensation for hard and unhealthy work;
Other legally stipulated conditions.
If, when signing the document, the mandatory terms of the contract or information were not included in it, it should be drawn up for this contract with clarification. In addition, the employment agreement may contain other terms of the contract that do not worsen the position of the employee and do not contradict the law: on a probationary period, on non-disclosure of commercial, state, official secrets, on additional employee insurance, on social and domestic improvements for the employee and members of his family , on the rights, obligations of the employee and the employer, based on labor and general legislation.
When can an employer change an employment contract?
According to the Labor Code of the Russian Federation, it is possible to change the terms of the employment contract at the suggestion of the employer if the technological or organizational conditions change in the organization. At the same time, the work function of the employee is preserved. He must be notified in writing of future changes sixty days in advance. If the employee does not want to work in the new conditions, the employer must offer other vacant positions or work that a person can do with his health. The employer is also obliged to offer all available vacancies suitable for the employee. If there are none or the employee refuses the proposed options, the employment contract is terminated.
Employment relations begin with the conclusion of an employment contract between the employee and the employer.
Labor contract is an agreement between an employer and an employee that governs their job responsibilities.
The main source regulating labor relations is the Labor Code of the Russian Federation. Article 57 tells us about the content of the employment contract, we will study it.
Article 57 of the Labor Code of the Russian Federation. Contents of the employment contract:
The employment contract specifies:
last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
Task 1. Fill in the missing words (either orally or in writing if you printed out the file recommended for the lesson).
1. Surname, name, patronymic _________________ and name of the employer
2. Information about _________________, proving the identity of the employee (passport, military ID)
3. Identification number _________________
4. Information about the representative _________________, who signed the employment contract
5. Place and _________________ of the conclusion of the employment contract
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee).
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);
guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law.
Task 2. Insert the missing words in the list of mandatory information for inclusion in the employment contract.
1. _________________ work
2. Labor _________________ (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee)
3. Date _________________ work
4. Working conditions _________________
5. Mode of work _________________ and rest time
6. Guarantees and compensation for work with _________________ and (or) dangerous working conditions
7. Conditions that determine, if necessary, _________________ work
8. Conditions _________________ at the workplace
9. Conditions for compulsory _________________ insurance of an employee
The employment contract may provide for additional conditions, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.
Task 3. Insert the missing words in the list of additional conditions for inclusion in the employment contract.
1. About clarification of _________________ work
2. About testing and non-disclosure of legally protected _________________
3. On the obligation of the employee _________________ after training for at least the period established by the contract, if the training was carried out at the expense of the employer
4. On the types and conditions of an additional _________________ worker
5. On improving the social and living _________________ of the employee and members of his family
6. On clarification in relation to the working conditions of this employee _________________ and the obligations of the employee and employer
7. On additional non-state _________________ security for an employee
Task 4. Determine which of the conditions included in the employment contract is mandatory and which is additional.
about the test
pay conditions
working hours and rest time
on the types and conditions of additional employee insurance
on improving the social and living conditions of the employee and members of his family
condition on compulsory social insurance of an employee
on clarification of the rights and obligations of the employee and the employer in relation to the working conditions of this employee
on additional non-state pension provision for an employee
place of work
labor function
on non-disclosure of legally protected secrets
start date
guarantees and compensations for work with harmful and (or) dangerous working conditions
conditions determining, if necessary, the nature of the work
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer
Employment contracts are of two types:
1) termless employment contracts (signed for an indefinite period)
2) fixed-term employment contracts (signed for a fixed period, but not more than five years)
The employment contract comes into force from the day it is signed by the employee and the employer. The employee is required to start job duties from the date specified in the employment contract.
If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract.
Task 5. Find and correct errors in the text (7 errors in total):
Irina concluded with a company providing legal services, fixed term contract for 7 years. She began to perform her labor duties the next day after the conclusion of the contract, since it did not indicate a specific date for the start of labor duties. As soon as Irina started work, her employment contract immediately entered into force. Among the obligatory conditions, the employment contract included information about the test, non-disclosure of secrets protected by law, and the conditions of remuneration. The list of additional conditions included the labor function, working conditions at the workplace and the mode of working time and rest.
Read the article of the Labor Code on the age at which it is possible to conclude an employment contract.
Article 63. Age from which the conclusion of an employment contract is allowed
The conclusion of an employment contract is allowed with persons who have reached the age of sixteen, with the exception of cases provided for by this Code, other federal laws.
Persons who have received a general education and have reached the age of fifteen may enter into an employment contract for the performance of light work that is not harmful to their health. Persons who have reached the age of fifteen and, in accordance with federal law, have left a general education organization before receiving basic general education or have been expelled from the said organization and continue to receive general education in another form of education, may enter into an employment contract to perform light work that does not harm their health and without prejudice to the development of the educational program.
With the written consent of one of the parents (trustee) and the body of guardianship and guardianship, an employment contract may be concluded with a person who has received a general education and has reached the age of fourteen years, to perform light work that does not harm his health, or with a person receiving a general education and who have reached the age of fourteen, to perform light work in their free time from education, which does not harm their health and without prejudice to the development of the educational program.
In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance (exhibition ) works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permission of the body of guardianship and guardianship indicates the maximum allowable duration daily work and other conditions under which the work may be performed.
Task 6. Answer the questions
1. At what age is an employment contract concluded as a general rule?
2. Is the situation correct: Nadya finished 9th grade, she is preparing to celebrate her 16th birthday in six months. To do this, she decided to go to work and got a job as an usher in a night cinema.
3. Is the situation correct: Artyom finished 9th grade, he is 14 years old. He categorically does not want to study, so he left school and went to work as a waiter, having previously received the oral consent of his parents.
4. In what areas of activity is it allowed to conclude an employment contract for persons under 14 years of age?
When concluding an employment contract, a person has a number of guarantees:
Article 64. Guarantees when concluding an employment contract
An unreasonable refusal to conclude an employment contract is prohibited.
Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, family, social and official position, age, place of residence (including the presence or absence of registration at the place of residence or stay), attitude to religion, beliefs, belonging or non-affiliation to public associations or any social groups, as well as other circumstances not related to business qualities employees is not allowed, except in cases where the right or obligation to establish such restrictions or benefits is provided for by federal laws.
It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.
It is forbidden to refuse to conclude an employment contract for employees invited in writing to work by transfer from another employer within one month from the date of dismissal from their previous place of work.
At the written request of the person who was refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing no later than within seven working days from the date of presentation of such a request.
Refusal to conclude an employment contract may be appealed in court.
Task 7. Comment on the situations:
1. At the end of the interview with the candidate for the position of manager, the director said: "Sorry, you are not suitable for us, we will not conclude an employment contract with you." Then he refused to answer any questions and left the room.
2. The company needed twenty people in the sales department. Fifty women and twenty-one men applied for this position. As a result, twenty men were recruited into the department.
3. At the end of the interview with a candidate for the position of a programmer, the director said: "Sorry, you are not suitable for us. You have a small child, he will get sick and you will constantly take sick leave, and our company needs a person who will perform his duties continuously."
4. Andrey worked in a restaurant of a well-known chain in the city of Moscow. He wanted to move to St. Petersburg and asked for a transfer to a similar restaurant in St. Petersburg. The transfer was processed on June 5, but when he arrived to draw up a contract for a new job on July 10, he was refused.
5. K a candidate for the position of manager, to whom the director at the end of the interview said: “Sorry, you are not suitable for us, we will not conclude an employment contract with you,” and then quickly left the room, wrote a formal request to explain to him the reasons for the refusal to conclude an employment contract. What developments should the candidate expect? What do you think would be the benefit of this action for the candidate?
6. A woman who was refused a job as a programmer sued. Can the court dismiss her claim? If not, what decision of the court should she expect?
When concluding an employment contract, a person is required to present a number of documents. AT Labor Code the following is said about it:
Article 65. Documents presented at the conclusion of an employment contract
Unless otherwise established by this Code, other federal laws, when concluding an employment contract, a person applying for a job presents to the employer:
passport or other identity document;
work book, with the exception of cases when the employment contract is concluded for the first time or the employee goes to work on a part-time basis;
insurance certificate of compulsory pension insurance;
military registration documents - for those liable for military service and persons subject to conscription for military service;
document on education and (or) qualification or availability special knowledge- when applying for a job that requires special knowledge or special training;
a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body;
a certificate on whether or not the person is subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription.
Article 69. Medical examination at the conclusion of an employment contract
Mandatory preliminary medical examination when concluding an employment contract, persons under the age of eighteen, as well as other persons in the cases provided for by this Code and other federal laws, are subject to.
Task 8. Comment on the situations:
1. Arthur, a 38-year-old man, came to conclude an employment contract for the position of an engineer. He brought a passport, a work book and a diploma of graduation from the university. What else will he be asked to bring?
2. Rita, a girl of 17, got a job as a salesperson in shoe shop. What certificate will be required from her plus those documents that are usually asked from adults?
Often, when hiring, people are given a probationary period. It is needed so that the employer checks the correctness of his choice, and the employee checks his capabilities. During probationary period workers are paid less than after it ends. Some people are not assigned a probationary period, this is written in Article 70 of the Labor Code:
Article 70
When concluding an employment contract, it may, by agreement of the parties, provide for a condition on testing the employee in order to verify his compliance with the assigned work.
The absence of a test clause in the employment contract means that the employee is hired without a test.
During the probation period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.
A test for employment is not established for:
pregnant women and women with children under the age of one and a half years;
1. persons elected by _________ to fill the relevant position;
2. _________ _________ and women with children under the age of one and a half years;
3. persons under the age of _________ years;
4. persons who have received _________ _________ education or higher education and _________ applicants for work (within _________ after graduation);
5. persons, _________ for an elected position for paid work (for example, the position of mayor or deputy);
6. persons invited to work in the order of _________ from another employer;
7. persons entering into an employment contract for up to _________ months.
6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution
7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties;
8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer;
9) the employee's refusal to be transferred to work in another locality together with the employer;
10) circumstances beyond the control of the parties;
11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work.
Task 10. Fill in the missing words in the sentences (use the printed file)
The grounds for termination of an employment contract are:
1) _________ parties;
2) _________ of the term of the employment contract;
3) termination of the employment contract at the initiative of _________;
4) termination of the employment contract at the initiative of _________;
5) _________ employee at his request or with his consent to work for another employer or transfer to elective work;
6) _________ employee from continuing to work in connection with the change of ownership of the property of the organization;
7) refusal of the employee to continue work in connection with __________ _________ employment contract;
8) _________ employee from _________ to another job;
9) _________, independent of the will of the parties;
11) violation of _________ conclusion of an employment contract.
When making labor relations the content of the treaty sometimes seems very simplistic, like something set out in a specific text. However, such a prosaic interpretation is unacceptable professional assessment document.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and IS FREE!
From a legal point of view, the direct content of each specific employment contract refers to the conditions regarding which participants in the relationship reached an agreement, that is, their expressions of will coincided. In accordance with the terms of the contract, the subsequent behavior of the parties is determined.
What it is
It is permissible to designate the term "condition of an employment contract" as the right of one party participating in the relationship, and the obligation of the opposite party, in the process of resolving certain issues of labor law in a contractual manner.
In the theoretical understanding of the employment relationship regarding the mechanisms of their formation, the terms of the contract are traditionally divided into two large categories:
Despite the fact that derivative conditions play an important role in the labor relations of the parties, due to the contractual nature of the relationship, the greatest importance is attached to the immediate conditions.
At the same time, immediate conditions are divided into two types:
- obligatory or necessary;
- optional or optional.
The classification of conditions is established by the Labor Code, but their role is not sufficiently predetermined by law. As a result, some disputes may arise.
It is for this reason that the conditions should be formulated as accurately as possible when drawing up an employment contract, avoiding ambiguity and the likelihood of misinterpretation.
Derived conditions are taken into account, as a rule, if special labor regulations are required regarding a certain labor activity.
At the same time, regardless of the presence or absence in the text of the agreement of the mention of derivative conditions, these will be considered valid.
As for the mandatory conditions, they must undoubtedly be present, but even their absence is not shown as a good reason for recognizing the signed contract as not concluded or for terminating the accepted agreement ().
The presence of additional conditions depends entirely on the will of the parties. The parties to the contract can independently decide which aspects of labor activity need to be regulated through conditions.
Mandatory terms of an employment contract
A detailed listing of the mandatory conditions that should be present in the employment contract is spelled out in Article 57 of the Labor Code ().
Although the absence of such in the document does not contribute to the recognition of its invalidity, their presence is highly desirable. Binding means the detailed disclosure of the terms in the contract.
If the mandatory conditions are not included in the text of the employment contract in a timely manner, then the parties involved have the right to disclose them in more detail later by accepting an additional agreement.
The following conditions are considered mandatory for inclusion in an employment contract:
| place of work | it does not follow this concept be confused with "workplace". AT this case means the place where the employee must arrive to perform his/her work duties and which is under the control of the employer, directly or indirectly. In practice, a place of work can be understood as a certain organization, locality, office, etc. Since this term can be interpreted quite broadly, it is desirable to specify it to the maximum. As for the workplace, it can be negotiated separately - in additional conditions. |
| labor function | Among all the prerequisites, this is perhaps the most important. Here it is determined by what profession and what kind of work the employee will perform, but it is necessary that the name of the position coincides with the labor function. You should indicate the position of the employee in accordance with the staffing table, the profession or specialty with the definition of qualifications or grade, the specification of the assigned work |
| start date | as stated in article 61 of the Labor Code (), the employee must begin to execute official duties from the date specified in the employment contract. If there is no such definition, then work should begin on the next day after the signing of the contract. If the employee did not begin to fulfill his duties within the stipulated period, the employer may cancel the contract, as a result of which it will be considered not concluded |
| contract time | since the contract can be fixed-term and concluded for an indefinite period, when temporarily hiring an employee, the date of termination of the contract should be determined. At the same time, it should be borne in mind that a fixed-term contract can only be concluded if there are good reasons that must be indicated in the document, as well as the fact that the validity period fixed-term contract cannot exceed five years. If the document does not specify the expiration date of the contract, then it is considered indefinite |
| pay for work | any employment contract should indicate the amount of salary or the size of the tariff rate of the employee. In addition, this paragraph includes instructions regarding allowances, bonuses, compensations. You can describe additional payments in detail, but in principle it is not necessary to indicate their size, it is enough just to list all the due |
| work and rest schedule | there may be some inconsistency with this term, since the description of wages involves the development of a certain time. However, this paragraph should reflect the conditions of working hours if they do not coincide with those generally accepted by a particular employer. For example, part-time work, part-time, irregular working time, flexible schedule. Regarding the rest regime, it can be noted that the employee is entitled to additional rest, in addition to that required by law. |
| compensation for working conditions | this item is required only if the type of activity involves some danger or work in hazardous production. Compensation may include a shorter working day, additional leave, provision of funds personal protection, therapeutic and preventive nutrition and treatment, etc. |
| nature of work | this condition is also not mandatory for all employment contracts. This characteristic is used if traveling work is expected, on a rotational basis, in the field, that is, without reference to a permanent place of work |
| compulsory social insurance | this condition can be interpreted very broadly and can cover any situations of compulsory insurance of an employee by his direct employer |
| other mandatory conditions | these include the conditions provided by law for certain cases. For example, it may be non-disclosure of state, official or other secrets |
Additional
On the basis of Article 57 of the Labor Code (), in addition to the mandatory conditions, conditions may also be introduced into the employment relationship agreement complementary character, if they do not worsen the position of the employee in comparison with the norms determined by law.
Additional conditions may include things like:
- clarification of the place of work, that is, you can indicate the location of the unit in which the employee will work, up to the description of a specific workplace;
- the presence of a probationary period - the right of the employer is to determine the probationary period for any employee, with the exception of those belonging to certain categories defined by labor legislation. The duration should be clearly defined. trial period subject to the permitted period;
- the obligation of the employee to work for a specified period after completing the training - if the employer sends an employee for training, advanced training or retraining at his own expense, then as compensation, he may demand that after completing the training, the employee worked for the agreed period without the possibility of dismissal of his own free will.
These are just some additional conditions, in general, the parties have the right to stipulate any points related to labor relations.
If additional conditions nevertheless worsen the position of the employee, reduce the level of guarantees or restrict his rights, then according to the Labor Code they are recognized as illegitimate and are not subject to application.
It is possible to include in the contract conditions that are of a civil law nature, for example, the possibility of providing a place in a children's preschool or negotiate a home improvement loan.
But such moments, although they may be contained in the contract, will be regulated by civil law obligations and relations to labor law will not have.
Additional conditions may be present in the main text of the contract. But if the decision to accept them was made after the signing of the employment contract, then nothing prevents them from being drawn up as an additional agreement or annex to the contract, which will be considered an integral part of the employment agreement.
Can they be changed
Changing the employment contract is quite possible. Moreover, not only additional conditions, but also mandatory ones can change.
The initiative to change the conditions can come from both the direct employer and the employee himself. The main requirement is a change in the conditions as agreed by the parties and must be in writing.
When changing the terms of the contract at the will of the employer, it is necessary that he notify the employee of the upcoming changes at least two months in advance. With the consent of the employee, you can proceed to negotiations.
