Territorial place of work. Indication of the place of work in the employment contract: the importance of information for the employee and the boss

An employment contract is drawn up in accordance with all the rules of labor legislation. Among the mandatory items that must be written is the place of work in employment contract. The absence of this item may result in officials into serious financial loss. But not everyone knows what such a concept means and how to use it correctly so that the contract is recognized as valid.

The most interesting thing is that the term “place of work” is not directly specified in the legislation. Its meaning is much broader than ordinary people are used to thinking. In this case, the clause is mandatory, and the employer cannot conclude an agreement without indicating this circumstance.

In standard samples, the place of work in the employment contract is indicated as the address of the organization in which the employee is employed, and its name.

It also says whether the office is central (by default) or is it a branch of the parent company in this city. This is the specific location of the employee, where he will perform his immediate duties. If this is a branch, then it is mentioned in which city it is located.

The legislation provides that the territory, directly or indirectly, must be controlled by the organization - the employer. When specifying the place of employment, you can specify not only a specific building, but also just a city, an object, or even a foreign country. In this case, the wording is chosen by the employer himself and only the territory where the employee fulfills his labor obligations is mentioned. The contract can also be written simply " Moscow city».

It is important to understand that the place of work can be static, when a person is constantly in a specific building at a specific address, as well as dynamic, when an employee has to move around and be constantly on the road.

There are certain features in fixing the rotational way of working. In this case, the address of work may be far from the main office of the company. Usually repairmen, builders, miners and developers of minerals work on a shift.

The employer has the right, when specifying the place, not to be limited to a specific unit, and in this case may ask the employee to move as necessary. For example, an indication that an employee has been accepted as a cashier in a chain of restaurants means that in work time it can be sent to any of the restaurants of this chain, and not just the main one. That is, today you work in one of the restaurants of the chain, and tomorrow you go to the other end of the city, at the request of your immediate supervisor, to a restaurant of the same chain.

This is provided for by law and is explained by the fact that in the documents, during employment, it is the network that is indicated as the place of work. At the same time, the manager may not even warn the employee about this in advance.

For employees who work remotely, their actual location is considered the place of work.

The place of work of the employee in the employment contract should not be confused with the workplace. These are slightly different concepts. The workplace is clearly defined by law. This is the place where the worker is directly located during working hours. It meets all safety standards and has all the conditions for performing work duties. This is a specific office, store, warehouse, room where this employee performs his functions and daily duties. The workplace is used as a guideline for finding an employee on the spot.

The difference is that the place of work must be indicated in the employment contract, and workplace no. Changing the place of work, if it is located within the same locality, does not require the consent of the employee, while changing the workplace without the consent of the employee is impossible.

Many experts say that it would not be entirely correct to write a specific area as a place of work, although it is permissible by law. First of all, it is impossible to include the territory of the area in the employment documents if there is no department or branch of the company on it. This most often applies to remote workers who can perform their functions in another city.

Filling rules

The field indicating the address of employment in the employment agreement must be filled in. In this column, according to, the following data should be entered:

1. The full name of the organization where the employee will work.
2. An indication of a specific branch and its address.

Also, in the form of a clarification, there may be information about a specific workshop or a small department. In the case when the work involves constant traveling, for example, in the position of a driver or courier, in the column "place of work" you need to write the location of the company's central office. But then the nature of labor functions will also have to be written.

For example: "the position of a driver with traveling work in the city and district."

In addition to the place of work, the employment contract must indicate the nature of the work, as well as the conditions, requirements for the duties performed and the period for which the document is concluded if it is urgent. It is also necessary to clarify whether such work is the main or part-time.

In addition, such a meaning as place of work varies depending on what it is used for. If this is an employment contract, then the address of the employer is considered the place of work. When transferring and leaving, the position of the employee acts in this concept. For work on a rotational basis- direct workplace.

The place of work and workplace in the employment contract differ in that the employee must be at the workplace during working hours directly, while the place of work is, in principle, the address of the territory controlled by the employer.

The procedure for amending the contract when changing jobs

First of all, it is important to understand that any changes to the employment contract are made only by agreement of the parties. Change of place of work can be only in case of transfer to another structural subdivision, and also with such a change official duties that involve movement. But the transfer can be carried out only with the consent of the employee. However, he has the right to refuse.

Initially, an agreement must be drawn up in two copies and registered in accordance with internal rules organizations. Both copies must be signed by the employee. One is handed over to him.

To edit the contract, you must issue an order. It is written in free form. The name of the organization and its registration codes are indicated at the top. In the center - the title of the document: " Order". Then the title is “On Amending the Employment Contract, number such and such, which was concluded with Petrova V.A.” Then the date of the order is indicated.

After that, the basis of the document begins directly, which indicates the basis for changing the employment contract, as well as the essence of the changes. The date from which the order is valid must be indicated without fail, and responsible persons who are responsible for the implementation of the order must be appointed. The form must be signed by the employee, supervisor and responsible persons.

Legal significance

Place of work - important point employment contract, which has a wide legal meaning. Many managers confuse concepts, and the place of work is assigned a workplace, the absence of which for more than 4 hours can lead to disciplinary punishment.

The place of work is just a certain territory, and the workplace is a specific place where an employee performs his functions.

His employer is obliged to arrange according to all the rules and norms of SanPin. The workplace should be safe, comfortable, not harmful to health and allow the employee to perform all the necessary functions.

Important! This term appears in labor legislation in the event that it is necessary to protect the rights of an employee regarding the preservation of his workplace in case of vacation, sick leave, and also during maternity leave.

By the way, in this case a set of guarantees and payments is connected precisely with the place of work, since many insurances have a difference in amount, depending on the region of the country. Therefore, the area must be specified without fail. The mother's allowance when going on maternity leave differs for employees in Moscow and, for example, in Pskov.

The employer must know that if the place of work is not indicated in the employment contract with his employees, the management may have serious problems with the labor inspectorate.

Separately, it is worth mentioning the position of the Supreme Court on this issue. In full accordance with his position, we will analyze the nuance: how is the place of work in the employment contract, what to indicate? It can be several items:

1. The full name of the employing organization.
2. Indication of the area controlled by the employer.

It is important that an employee, upon entering the company, carefully read what he signs, otherwise mistakes can adversely affect his career and work. The best option would be to indicate in the document not only the location, but also the exact address of the employer. In this case, any transfers should be carried out only with the written consent of the employee.

A legal practice that knows a lot of litigation on illegal dismissals and violations of employment contracts, shows that the term "place of work" is too poorly defined in our laws, and therefore raises many questions.

Is it possible to indicate in the employment contract only the city as the place of work - for example, 2.3. Place of work: Moscow?

Answer

The importance of defining these two concepts is due to the fact that the first category is essential point labor contract (TD).

If the employment contract does not indicate the place of work, or it was misinterpreted, this can lead to certain consequences not only for the employee, but also for his employer.

concept

In the labor legislation, only the definition of the concept of “workplace” is disclosed. It means the specific location of the worker in which he performs his labor activity or has to go in connection with the need to perform certain work.

At the same time, it is noted that such a territory must be controlled by the employer, directly or indirectly. The law does not contain a definition of the concept of "place of work". Analyzing regulations, let's try to work out its definition, or at least clearly identify the difference in the terminology of the two concepts.

The terms "place of work" and "workplace" (in the employment contract) are territorial in nature, that is, they imply work in a clearly delineated place.

This is their universal property. The first of the terms is clearly dynamic, that is, it means that the place where a person reproduces his labor function can change.

The change in the location of the employee is associated with the need to perform his work function in full.

For example, an employee of the prosecutor's office goes from the building of the main place of work - the prosecutor's office - to the court to defend the rights of an indefinite contingent of people.

The other category is static, that is, refers to a specific object, building, perhaps, a structural unit - a branch or representative office - where a person works in accordance with labor and legal documents.

If we refer to the above example, then such a place for an employee of the prosecutor's office will be the building of the Prosecutor's Office, located at the appropriate address. And for an employee of a private organization, this is, for example, the building of Horns and Hooves LLC, OJSC, and in a similar spirit.

The role of the clause "place of work" in the employment contract

REFERENCE. The term “place of work” in an employment contract is an essential condition. If the parties initially forgot to indicate such a clause, then it is added to the employment contract as a separate annex or agreement.

As for the concept "workplace", that is non-essential item, included in labor documents purely at the request of the employer.

The concept of "place of work" is indicated only by specifying the location of a branch, representative office (another structural unit) in individual cases when work is performed in a structural unit in another locality.

Also the term appears in the Labor Code of the Russian Federation when the legislator guarantees the preservation of the place of work for a worker who is temporarily unable to perform labor duties due to illness, pregnancy and other similar reasons.

The legislative concept is complicated by such categories as “structural subdivision”, “other locality”, “location”.

What is meant by "other area"?

Is it another city or region? Or maybe we are talking about a foreign country?

We believe that here it is appropriate to talk about the city and the region, and even about a foreign country.

Thus, we are talking about a branch / representative office / other structural unit in another city, region, country. Taking advantage system analysis existing labor law standards, we conclude that the location is nothing more than organization address.

Filling rules

What to indicate in the employment contract in the paragraph "place of work"?

Let's take a situation where main office The company is located in Moscow, and its branch, where the employee works, is in Naberezhnye Chelny. Here, data is entered in labor documents indicating the branch of the company in Chelny. The address (street, house) is specified.

For a detailed review, let's call the company "Swallow". Let the employee work in a branch of such an insurance company. Then the location of his work is as follows: a branch of the IC "Lastochka", located at: 423800, Nab. Chelny, st. Komissarov d. 57/11.

If the organization does not have the above divisions, then it is indicated that the citizen performs labor duties in the IC "Lastochka", located at the address: 115280, Moscow, st. Leninskaya Sloboda, 63.

The workplace has a more specific meaning. Where the legislation cannot consider a separate issue in detail, taking into account all the details, by-laws come to the rescue.

For example, the definition is disclosed in SanPiN dated 1.10.96 No. 21 as a section of the premises where work is performed during the entire work shift or part of such a shift.

The logical conclusion is that the workplace should be considered a certain part of the territory of the organization where the worker is working at a given point in time. Such territory may change with the need to travel to other parts of the territory on labor issues.

Below is an example of filling out the “place of work” clause in an employment contract:

shift worker

The shift method of performing work duties is marked by its own characteristics.

The legislator, explaining the characteristics of the shift, makes it clear that the place of work of the employee during the shift is located at a great distance from the place where his housing or the main office of the organization where he works is located.

This means that these territories do not coincide.

The place of performance of the labor function, respectively, will be the territory, the object in which the employee directly works. On a rotational basis, for example, repair, construction works away from the populated area.

Driver (courier)

Driver and courier work also has its own characteristics (in the employment contract, a variable place of work), which provide for a permanent change in location, usually within the same locality or between different such points.

Here location in a specific period of time is determined by the customer, and sometimes there are several customers in one work shift. It seems that the most correct would be to designate the place of work as the location of the main office, and if there are structural units of the organization, then the branch (representative office) in the locality in which the employee mainly moves or, if its definition causes certain difficulties, the main office.

Legal significance

Legal meaning of certainty in terminology huge. An incorrect interpretation of the concept can, for example, affect negatively the fate of the worker.

So, the legislation provides for the fact of absenteeism or absence from the workplace without good reasons more than 4 hours continuously.

And if an employee ceases to suit his boss for some personal reason, then he can try to take advantage of the situation.

The legislation provides for the possibility of the employer to dismiss the employee for being at the workplace in a state of intoxication.

And with conceptual uncertainty, the employer will have obstacles in order to release this particular position for a more worthy and worthwhile employee.

Here we should recall the guarantees of labor protection, which the employer may violate if the terms are misinterpreted.

For example, about what the workplace must comply with the regulations established at the state level. Difficulties arise in the attempt to obtain guarantees of compensation for work performed in the associated harmful and dangerous conditions.

In addition to the above, when replacing the concept of “place of work” with “workplace”, the employer has additional obligations with a constant change in the location of the worker, otherwise such movement, and in legal slang, transfer, will be illegal. And the worker can also take advantage of such a formal situation and go to court.

Conclusion

As you can see, just a substitution of concepts or an incorrect interpretation of the term can lead to serious legal consequences. There are frequent mistakes in the judicial consideration of the case due to the lack of a clear terminological position of the legislator.

Therefore, it is important to always carefully study more than one source in order to understand what the legislator wanted to say in this case, but it is better to seek advice from a professional.

About the role of the term “place of work” in an employment contract, watch a useful video:

Place of work, according to Art. 57 of the Labor Code, is a mandatory condition for inclusion in the employment contract.

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But in the Code itself, this concept is not only not disclosed at all, but in some cases it has a different meaning. Because of this, there is often a misunderstanding of the provisions of the law, which in the future can lead to labor disputes.

Normative base

Like all points relating to the relationship of the employing organization and hired personnel, the indication in the documents of the place of work is determined by the norms of the Labor Code.

The problematic concept is found in sections devoted to:

• drawing up an employment contract;
• changing conditions;
• vacations;
• guarantees and compensations;
• labor protection, etc.

And yet, there is no clear definition of what this very place of work is.

Perhaps the only indication is part 2 of Art. 57 of the Labor Code, which states that if an employee is hired not at the head office, but, for example, at a branch, representative office and other divisions in another locality, then this should be reflected in the contract itself. The same applies to the signing of an agreement with remote worker: it is necessary to indicate the place of his work (Article 312.2 of the Labor Code).

As a result, in various articles, the place of work is understood as either the name of the employer company, or its location during the day, or even the position.

This position of the legislator does not allow the use of an unambiguous interpretation of the term and confuses the documentation.

For example:

Let's try to clarify the question of what a "place of work" is.

To do this, we compare it with the term “workplace” that is close in sound and meaning. Its definition is found in Art. 209 TK. According to her, this is that part of the territory controlled by the employer, where the employee should be.

It makes sense to indicate it in the employment contract only when it is located somewhere outside the territory of the employer.

It turns out that the place of work of the employee in the employment contract is something different from the workplace.

But what exactly? The law does not explain. It only indicates the need to include a condition about this very place of work in the employment contract.

It is logical to assume that the place of work is still more related to a specific employing organization and position than to a point in space.

This is indicated by the wording of articles that use this concept. But even in the science of labor law there is no consensus on what should still be considered a place of work.

Position of the Supreme Court

The lack of a unified position of the law regarding the term forced the Supreme Court to express its opinion.

The immediate reason for the need to come up with an explanation was labor disputes related to work in the Far North, or rather, the calculation of various territorial coefficients and the receipt of benefits related to the specifics of work.

The Supreme Court indicated that the place of work should be considered a specific organization (branch, department, department, etc.) located in a certain area.

That is, the employment contract should indicate the name of the employer (full and abbreviated), as well as its legal address (settlement) or the address of a separate subdivision, if it is located in another locality.

How can a place of work be designated?

Based on the position of the Supreme Court, it can be assumed that without specifying both components, the condition on the place of work will be incomplete. Let's try to figure out how to formulate this clause in the contract.

Like the terrain

In the articles of the Labor Code that talk about transferring to another job, the term “locality” is present.

Applied to labor relations it refers to a certain locality.

Location indication is important in the following cases:

• transfer (possible only with the consent of the employee);
• provision of guarantees (their set is associated with certain territories).

That is, an indication of the location is necessary to protect the rights of workers. But just one is clearly not enough. More specificity is required.

specific address

The Labor Code insists on the mandatory indication of the address of the location of the workplace only in the situation when it is located in a separate subdivision in another area.

In other words, when the head office and office (workshop, hangar, warehouse, etc.), where the employee is directly located, are located in different settlements.

In all other cases, the exact address is not required.

It will be enough to indicate the name of the unit and its location.

There is no need to make changes to the employment contract if the employee moves from one unit to another within the same locality.

Employer's legal address

An indication of the legal address of the organization in the employment contract is necessary if it coincides with the actual location of the workplace.

In addition, in the event of a dispute with the employer, it is necessary to go to court at the place of its registration, so such an indication of the place of work should be considered correct, but in some cases insufficient.

Name of the employing organization

The name of the employer is written in the employment contract twice: in the information about the parties and in the condition of the place of work.

A number of jurists consider this to be redundant, but the Supreme Court insists on including the name of the employer not only in the information, but also in the mandatory terms of the employment contract.

In order to ensure that in the future the inspection bodies do not have claims, it is worth fulfilling this requirement.

How to spell correctly?

If for employees who spend the whole day in a limited area owned by the employer, the workplace and place of work are the same, then they will not have problems with drawing up an agreement.

Another situation is when an employee appears in the office infrequently, due to the peculiarities of his profession.

For couriers

Of course, the organization and its location should be indicated by the place of work of couriers - for example, Galaktika LLC, Moscow.

And in order to note the specifics of the activity, it is indicated that the work has a traveling character.

For drivers

The same rule applies to drivers.

The organization or its branch is indicated as the place of work. But the nature of the work will be somewhat different - on the way.

For remote workers

On the issue of how to indicate the place of work in an employment contract for remote work, the law recently put an end to it.

For shift workers

But for shift workers, you will have to register not only the name of the company, but also the specific place of work: settlements, deposits, etc.

This is due to the fact that the workplace and the head office are separated by many kilometers.

In addition, such work is often carried out in areas where there are special features of labor organization provided for by law.

How to change this information in the contract?

Changing the information about the place of work in the employment contract is possible, but only if it is about the same employer, for example, when transferring to another branch.

Since this is one of the mandatory conditions, then, according to Art. 57 of the Labor Code, it can be changed by drawing up an additional agreement and attaching it to the contract.

If we are talking about a change of employer, then changes to the contract are not made.

At the same place, the contract is terminated, and at the new place, another one is concluded, indicating actual place work.

FAQ

Is it possible to list two jobs?

No, because the place of work is the name of the employer.

But in the employment contract, you can specify two jobs. And it is even necessary if the employee really has two of them. It is also advisable to indicate when exactly the employee is required to be on each of them.

At the same time, in mandatory conditions, only the legal address of the employer is prescribed - that is, the place of his state registration. And in additional conditions, it is already possible to clarify the location of jobs.

What to do if such information is not indicated?

The employment contract must comply with the requirements of labor legislation. Among the mandatory requirements is an indication of the place of work in the employment contract (part 2 of article 57 of the Labor Code of the Russian Federation). If we are talking about working in a representative office or branch located in another area, then this must be indicated, as well as the location of the unit.

What is a place of work

Despite the fact that the indication of the place of work is mandatory, the term is not defined in the legislation, as evidenced by arbitrage practice(Review of the Presidium of the Armed Forces of the Russian Federation of February 26, 2014). As a rule, indicate the name of the organization and its location.

That is, the place of work must be indicated, but the Labor Code of the Russian Federation does not specify how exactly, and in relation to the head office, just a city can be indicated without specifics, even without indicating the full address. For branches and subdivisions in another city, the location must be indicated.

At the same time, the indication of the place of work is of great importance for both the employee and the employer. For example, if an enterprise moves to another area of ​​the city - is this a change in job? No, since this happens within the same locality and we are not talking about changing jobs.

Such a “vague” designation of the place of work can be important if the employer has several separate divisions in one locality, for example, shops. In this case, indicating the name of the organization as the place of work or specifying that the work will be in a "chain of stores" will mean that the employer can send the employee to any of the stores in the city's chain. And even if the stores are far from each other, sending an employee to different stores will not require the additional consent of the employee.

The situation is similar with registration in a structural unit. So, for example, if an employee was admitted to a structural unit and moved by order of management within the structural unit, then this is not a transfer, but grounds for canceling the transfer that meets the requirements of par. 3 art. 72.1 of the Labor Code of the Russian Federation, no. And the employee's arguments about changing the working hours and personal inconvenience as a result are not taken into account (Appeal ruling of the Irkutsk Regional Court of August 18, 2016 in case N 33-11462 / 2016).

Features for a number of workers

If the employee is not in the office due to the nature of work (courier, driver, etc.), then in the employment contract the place of work must still be indicated as the name of the organization, indicating the address. It may be indicated that the work is traveling in nature.

If the contract is with remote worker, then the place of work is the location of the employee, which is important for sending on business trips and payments on them (Letter of the Ministry of Finance dated 04/14/2014 N 03-03-06 / 1/16788).

Place of work or workplace?

If the term “place of work” is not in the Labor Code of the Russian Federation, then this is what a “workplace” is defined in Art. 209 of the Labor Code of the Russian Federation, according to which this is the place where the employee should be. For example, if the place of work is the location of the organization, then the workplace can be specified quite specifically - for example, an accounting office, a store at an address, etc.

But the indication of the workplace is not a mandatory condition of the employment contract. However, if the parties have agreed on this condition and clearly indicated the workplace, the employer will need the consent of the employee to change it, even within the same locality.

Thus, the place of work and the workplace, although they sound similar, have a completely different legal burden:

• the place of work must be specified in the contract;
• workplace is not a prerequisite;
• if the place of work is a locality, then within this locality the employer can move the employee, subject to the requirements of par. 3 art. 72.1 of the Labor Code of the Russian Federation;
• if the workplace is specified, then changing it will require the consent of the employee.