Form of the employment contract: basic requisites

The legislation currently lacksmandatory form of employment contract. But in the RF TC, it is quite clearly defined what should be inscribed in it, how it should be concluded, terminated or changed. First, there must be a written form of the employment contract, in two copies, one for the employee, the second for the organization to which it is accepted. On behalf of the company, as a rule, acts its head, endowed with this right by its charter. Either it could be another of its employees, to whom a corresponding power of attorney was issued, or it was delegated to him in the constituent documents.

No matter what form of laborthe purpose of his conclusion is unchanged. It was determined by the legislation. It is the basis for the commencement of the employment relationship. Although the Labor Code of the Russian Federation also specifies that there must be a written form of the employment contract, in some situations it can be considered a prisoner even if it is absent. In particular, if the employer's official allowed a person to perform his duties. In this case, the organization (private entrepreneur) has the obligation to conclude a contract not later than three days after the above-mentioned fact.

In order to make it easier to organize in the organizationthis document, it is desirable that a standard form of the employment contract for this legal entity is developed. This will also save you from unnecessary errors, which can be in the absence of certain standard forms. The contract should include information about the employee and the employer. For the first it is necessary to indicate the name, passport data. For the second one it is the TIN, information about the official of the employer signing the document (including the basis for the right to conclude the contract).

The document should include severalobligatory conditions of labor relations. Firstly, this is the place of work. There is one peculiarity here, if a person is taken into a detached unit, then his address should be indicated. The second is the labor function. By this term we mean a specialty or profession of a certain qualification, a post from the staff list, a kind of work. The third condition is the start date. If a fixed-term contract, it is necessary to indicate when it ends, and the reason why this kind of document is chosen (the list is determined by law). There must be a description of the terms of payment. They usually include salary (tariff), surcharges, surcharges, incentive accruals.

Regardless of the form of the employment contract, he mustInclude conditions relating to working hours and rest periods. More often than not, they write that they are common to some particular organizational unit. If a person is to work with conditions different from normal working conditions, they should be indicated in the document, and the types and sizes of compensation for them should be determined. Also, everything that relates to compulsory insurance of a person is prescribed. In addition to the above, other mandatory conditions may be entered into the contract, as well as additional ones specified in the Labor Code of the Russian Federation and other acts in the field of labor law.

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