Conclusion of an employment contract

The conclusion of the employment contract mustmust be fixed in writing. Earlier, when the economy was centralized, there was no need for it. Only urgent contracts containing a list of benefits for employees were then concluded in writing. The centralized order made it practically impossible to change any of the terms of the agreement.

Conclusion of the employment contract only on paperwas introduced in 1992 by the law of the Russian Federation. This is due to the processes taking place in the country. The thing is that when establishing working conditions, from now on, regulation of relations between the employer and the subordinate through agreements becomes prevailing. The general procedure for concluding an employment contract requires the compilation of two copies of the document. Both parties sign both copies. After that, one copy is kept by the employer, and the second is given to the employee. On the document that remains in the personnel department, there must be a signature of the subordinate, confirming that he also received the same agreement.

The conclusion of an employment contract on paper makes it definite, concrete. And if there is a dispute, this form of agreement will help resolve it as soon as possible.

On how to draft an employment contract and when it isTo do, the employer must take care personally. The subordinate should not suffer as a result of the failure of the superiors to perform this duty. The fact that the employment contract exists is not proved by its form, but by the fact of the employment relationship. If the representative of the employer or he himself instructed the subordinate to start work, the agreement is considered concluded, despite the fact that it has not yet been formalized. At the same time, such a step does not absolve the head from writing the contract. The Labor Code specifies even the terms in which he must have time to do it: only three days from the moment the subordinate was admitted to work.

If you sign employment contracts withcertain categories of the population, the law provides for additional coordination of conditions with persons or bodies that are not employers under this document. For example, an agreement concluded between a representative of the executive branch and the head of an enterprise owned by the state must be agreed with the Ministry of Property Relations and approved by him.

The conclusion of the employment contract automaticallygives both parties obligations and rights. If the subordinate did not start work at the right time, the employer has the right to cancel the document. To do this, he must issue an order that has the appropriate content.

If from the date of conclusion of the contract and inclusive up today of its full cancellation there was an insurance event, this employee has the same right to receive social insurance benefits, like everyone else.

In modern market conditions,the need for labor law to perform a protective function. Especially it concerns the reception of some categories of citizens for work. For them, there must be some guarantees. This protective function is concluded in the fact that the employer does not have the right to unreasonably refuse an employee to enter into a labor agreement. The reason for the refusal should be stated in writing, and the employee can apply to the court with a request to appeal this decision.

The right and opportunity to enter into a labor agreementis confirmed by constitutional guarantees that allow everyone to choose their own occupation, profession, type of activity in the future, dispose of their inclinations and abilities at their own discretion. These opportunities are the same for all Russian citizens. At the same time, the employer has the right to choose such subordinates whose education and skills correspond to the work entrusted to them.

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