home Business How to maintain personnel documents at a micro-enterprise, standard contract. Model employment contract for micro-enterprises Employment contract for micro-enterprises sample

How to maintain personnel documents at a micro-enterprise, standard contract. Model employment contract for micro-enterprises Employment contract for micro-enterprises sample

Approved

Decree of the Government of the Russian Federation

Employment contract,

concluded between an employee and an employer - a small entity

entrepreneurship, which refers to micro-enterprises

G....... (place of detention (city, locality)) .... (date of conclusion)

..........................(full name of employer)

hereinafter referred to as the employer, represented by......................(information about the employer’s representative - last name, first name, patronymic, position of the person authorized to represent the employer in labor relations)

acting on the basis..................... ,(the basis by which the employer’s representative is vested with the appropriate powers - constituent documents legal entity indicating the date of their approval, local regulations (if any), power of attorney indicating by whom and when issued, other)

on the one hand, and......................(last name, first name, patronymic of the employee)

hereinafter referred to as the employee, on the other hand, hereinafter referred to as the Parties, guided by the Labor Code Russian Federation(hereinafter referred to as the Code), federal laws and other regulatory legal acts containing norms labor law, have entered into this employment contract as follows.

I. General provisions

1. The employer provides the employee with work: ............(name of position, profession or specialty indicating qualifications), and the employee undertakes to personally perform the specified work in accordance with the terms of this employment contract.

2. An employee is hired: ....................(the place of work is indicated, and if the employee is hired to work in a branch, representative office or other separate structural unit

organization located in another area - place of work indicating a separate structural unit and its location)

3. Additional conditions (to be filled in if necessary) ...............(indication of the location of the workplace, name of the structural unit, site, laboratory, workshop, etc.)

4. Labor (job) responsibilities are established (specify as necessary) ....................(in this employment contract (subparagraph “a” of paragraph 11) / in the job description)

5. The employee starts work with “.....” ..................

6. The employee enters into (as required) .................(employment contract for an indefinite period/fixed-term employment contract)

In case of concluding a fixed-term employment contract:

duration of the employment contract...................(duration, end date of employment contract)

circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with Article 59 of the Code or other federal law (indicate as necessary) ...................

7. Test for the employee.........(installed/not installed)

The test period is set to last................... months (weeks, days)(to be completed when testing is established)

8. This employment contract is a contract................................... (necessary(main job/part-time job) indicate).

9. The employee has a special nature of work................... (specify if necessary)(has/does not have) (traveling, on the road, mobile, remote, home-based, other type of work)

9.1. Conditions of the employment contract related to the specifics of remote work................................. (to be completed in the employment contract with the remote worker):

9.1.1 The work specified in paragraph 1 of this employment contract is carried out:

a) by exchanging electronic documents.............(Not really)

b) using...................(enhanced qualified electronic digital signature (EDS) / no EDS is used)

c) using (listed if necessary) ............(equipment, software and hardware, information security tools, other means);................. (provided by the employer (procedure and terms of provision)/owned by the employee/rented by the employee)

d) using (specify as required) .................(information and telecommunications network “Internet”, other public information and telecommunications network, other)

9.1.2. For the use of equipment owned or leased by the employee, software and hardware, the Internet, and other means specified in subparagraphs “c” and “d”clause 9.1.1, he is paid compensation.................(amount, procedure and terms of payment)other expenses related to remote work are reimbursed......(reimbursement procedure)

9.1.3. The employee submits reports (information) to the employer about the work performed....................(order of presentation, timing, frequency)

9.1.4. Deadline for confirmation of receipt of an electronic document from the other party.................................

9.1.5. Working hours and rest hours (specify as required) ....................................(duration of working hours per week, start and end of work, time of breaks in work, days off, time of interaction with the employer) (the employee plans the working hours and rest time at his own discretion)

9.1.6. Insurance certificate of compulsory pension insurance (must be specified) .........(issued by the employer/employee entering work for the first time, received independently)

9.1.7. The employer is obliged to familiarize the employee with labor safety requirements when working with equipment and tools recommended or provided by the employer (if equipment and tools are provided or recommended).

9.1.8. Information about remote work in the work book of a remote worker.........(included/not included)

9.1.9. When concluding an employment contract for the first time employment history employer...................(issued/not issued)

9.1.10. Upon reaching an agreement to make an entry in the work book, the employee mustsubmits a work book to the employer......(in person/send it by registered mail with notification)

9.1.11. Additional terms

9.2. Conditions of the employment contract related to the specifics of home work (to be filled out in the employment contract concluded with the home worker):

9.2.1. The work specified in paragraph 1 of this employment contract is carried out fromrials and using tools and mechanisms or other means (specify) .............(allocated by the employer/purchased by the employee at his own expense/other)

9.2.2. For the homeworker’s use of his tools and mechanisms, he is paid compensation for their wear and tear, as well as other expenses associated with the performance of work.at home (please specify):

................... (procedure, amount and terms of compensation, reimbursement of expenses)

9.2.3. The procedure and timing for providing a homeworker with raw materials, materials and semi-finished products.................. (ifneed to be specified).

9.2.4. The procedure and timing for the transfer of work results (export finished products)......................... (if necessaryplease indicate).

9.2.5. Payment for manufactured products, other payments................... (specify as required)

9.2.6. Working hours........................ (specify as required)(duration of working hours per week, start and end of work, time of breaks in work, days off, time of interaction with the employer)

9.2.7. Additional terms............ (to be filled in if necessary)

II. Rights and responsibilities of an employee

10. The employee has the right to:

a) provision of work stipulated by this employment contract;

b) workplace, meeting state regulatory requirements for labor protection;

c) timely and full payment of wages, the amount and conditions for receipt of which are determined by this employment contract, taking into account qualifications, complexity of work, quantity and quality of work performed;

d) complete reliable information about working conditions and labor protection requirements in the workplace;

e) compulsory social insurance in cases provided for by federal laws;

f) conducting collective negotiations and concluding a collective agreement, agreements, as well as information on the implementation of a collective agreement (if concluded), agreements (if concluded);

g) amendment and termination of this employment contract in the manner and on the terms established by the Code and other federal laws;

h) protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;

i) compensation for damage caused to him in connection with the execution labor responsibilities and compensation for moral damage in the manner established by the Code and other federal laws;

j) association, including the right to create trade unions and join them, to protect their labor rights, freedoms and legitimate interests;

k) rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working days holidays, paid annual leave in accordance with labor legislation and other regulatory legal acts containing labor law norms, an employment contract;

m) training and additional professional education in the manner established by the Code and other federal laws;

m) pre-trial settlement of disagreements regarding the implementation of the terms of this employment contract, a collective agreement (if concluded), an agreement (if accepted) with the participation of a trade union or other employee representative;

o) protection of your personal data in accordance with the requirements of the legislation of the Russian Federation;

o) other rights established by labor legislation and other regulatory legal acts containing labor law norms, local regulations(if accepted), as well as those arising from the terms of the collective agreement (if concluded), agreements (if concluded);

p) other rights established by this employment contract................................. (to be filled in if necessary)bridges),

11. The employee is obliged:

a) perform labor (official) duties in the position (profession or specialty) specified in paragraph 1 of this employment contract:...................(specify labor (job) responsibilities if they are established by this employment contract)

b) comply with the working hours and rest periods established by this employment contract, local regulations (if adopted), collective agreement (if concluded), agreements (if concluded);

c) observe labor discipline;

d) comply with labor protection and occupational safety requirements;

e) undergo mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as undergo extraordinary medical examinations at the direction of the employer in cases provided for by the Code;

f) treat the employer’s property with care (including the property of third parties located at the employer, if the employer is responsible for the safety of this property);

g) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property);

h) fulfill other duties established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted);

i) perform other duties established by this employment contract (fill inif necessary)

III. Rights and obligations of the employer

12. The employer has the right:

a) amend and terminate this employment contract in the manner and on the terms established by the Code, other federal laws, and this employment contract;

b) require the employee to fulfill his job duties and take care of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property), compliance with internal labor regulations (if accepted);

c) reward the employee for conscientious, effective work;

d) bring the employee to disciplinary and financial liability in the manner established by the Code and other federal laws;

e) to other rights established by labor legislation and other regulatory legal acts containing labor law norms, this employment contract, local regulations (if adopted), as well as those arising from the terms of a collective agreement (if concluded), agreements (if conclusions).

13. The employer is obliged:

a) provide the work provided for in this employment contract;

b) ensure safety and working conditions that comply with state regulatory requirements for labor protection;

c) provide the employee with equipment, tools, technical documentation and other means necessary to perform his job duties (list if necessary)

d) provide, at their own expense, personal protective equipment, special footwear and other protective equipment, other means (list if necessary)

e) organize (if necessary) mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as send for extraordinary medical examinations in cases provided for by the Code, at their own expense;

f) maintain the employee’s average earnings for the duration of the mandatory medical examinations (examinations) specified in subparagraph “d” of this paragraph in accordance with the Code;

g) compensate for damage caused to the employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and on the terms established by the Code, other federal laws and other regulatory legal acts of the Russian Federation;

h) train the employee in safe methods and techniques for performing work and providing first aid to victims at work, provide instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements;

i) keep records of working hours actually worked by the employee, including overtime work and work on weekends and non-working holidays;

j) pay the full amount due to the employee wages in orderand within the terms established by this employment contract, as well as ensure an increase in the level of real wages;

k) notify in writing about the components of wages due to the employee for the relevant period, about the amounts of other amounts accrued to the employee, about the amountsand about the grounds for the deductions made, about the total amount of money to be paid;

m) process and ensure the protection of the employee’s personal data in accordance with the legislation of the Russian Federation;

m) fulfill other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted);

o) perform other duties (to be filled in if necessary)

IV. Employee remuneration

14. The employee’s salary is set:

A) ............... (official salary/piecework wages (specify prices) or other remuneration)

b) compensation payments (additional payments and allowances compensatory nature) (in the presence of):

(indicate, if available, information about all additional payments and allowances of a compensatory nature, including for performing work with harmful and (or) dangerous working conditions, for work in areas with special climatic conditions, for work at night, for overtime work, other payments);

c) incentive payments (additional payments and bonuses of an incentive nature, bonuses and other incentive payments) (if any):

(indicate information about all incentive payments in accordance with the current employer’s remuneration systems (additional payments, incentive bonuses, incentive payments, including bonuses, remuneration based on the results of the year, for length of service, other payments);

d) other payments (filled in if necessary) .....................

15. The procedure for increasing the level of real wages is established (as required):

a) this employment contract......................(increase in official salary ( tariff rate), the amount of remuneration for work results or another method)

b) a collective agreement, agreement (if concluded), local regulatory act (if adopted) (specify as necessary).

16. Salaries are paid.........(at the place where the work is performed/transferred to a credit institution - details: name, correspondent account, TIN, BIC, recipient account)

17. Payment of wages to an employee is made once a month (but not less thanthan every half month) on the following days: ...................(indicate specific days of salary payment)

V. Working time and rest time of the employee

18. The following working hours are established for the employee:

a) length of the working week...................(five-day with two days off, six-day with one day off, working week with days off according to sliding schedule, abbreviated work time, part-time work)

b) duration daily work(shifts) ............... hours;

c) start time of work (shift)..............;

d) end time of work (shift)................................;

e) time of breaks from work.........(for rest and food, technological, other breaks)

19. The following features of the work mode are established for the employee (to be completed if notnecessity) ...............(irregular working hours, shift work with indication of the beginning and end of work shifts, summarized recording of working time with an accounting period (indicate the duration of the accounting period)

20. The employee is granted annual basic paid leave for a long timestu............... calendar days.

21. The employee is granted additional annual paid leave (to be filled in if there are grounds):

for working under harmful and (or) dangerous working conditions for a duration of...........calendar days;

for work in the regions of the Far North and equivalent areas (or other areas where a regional coefficient and a percentage increase in wages are established) continueduration................... calendar days;

for an irregular working day lasting................... calendar days;

other types of additional paid leave (specify if necessary) ..................(in accordance with the legislation of the Russian Federation or the employment contract)

22. Annual paid leave is provided to the employee annually (taking into account the guarantees for certain categories of employees provided for by the Code and other federal lawsmi) in accordance with.............(vacation schedule for the corresponding year/written agreement between the parties)

VI. Occupational Safety and Health

23. The following working conditions are established at the employee’s workplace: ...............(indicate, if necessary, the class (subclass) of working conditions in the workplace, card number special assessment working conditions)

24. Initial briefing with the employee...................(carried out/not carried out, since the work is not related to maintenance, testing, adjustment and repair of equipment, use of tools, storage and use of raw materials and materials)

25. Employee (please specify) .................(passes/fails preliminary (upon entry to work) and periodic mandatory medical examinations, mandatory psychiatric examinations, mandatory medical examinations at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift)

26. Personal protective equipment for the employee............(not provided/provided in accordance with standard standards, list)

VII. Social insurance and other guarantees

27. The employee is subject to compulsory pension insurance, compulsory medical insurance, compulsory social insurance in case of temporary disability and in connection with maternity, compulsory social insurance against industrial accidents and occupational diseases in accordance with federal laws.

28. Additional guarantees (to be completed if available): .................(compensation for moving expenses from another area, tuition fees, provision or reimbursement of rental housing expenses, payment for car rental, etc.) ........................ (grounds for provision medical care a foreign citizen or stateless person temporarily staying in the Russian Federation)

29. Other guarantees provided to the employee....................,(to be filled in if available)

VIII. Other terms of the employment contract

30. Grounds for termination of an employment contract, in addition to those provided for by the Code (filled in if necessary for remote workers, homeworkers and workers working for an individual - individual entrepreneur):...................................

31. The procedure and conditions for termination of an employment contract as specified in paragraph 30 of this

employment contract grounds (specify if necessary): .....................(warning period, guarantees, compensation, etc.)

IX. Changing the terms of the employment contract

32. Changes in the terms and conditions of this employment contract determined by the Parties and the dates for their entry into force are permitted only by agreement of the Parties, with the exception of cases provided for by the Code. An agreement to change the terms of this employment contract determined by the Parties is concluded in writing.

Starting from January 1, 2017, micro-enterprises were able to significantly simplify the workflow related to hired employees. To do this, it is necessary to fulfill a condition - to conclude a standard employment contract with each employee, but this prospect is not open to everyone - the employer must meet certain categories of representatives of small and medium-sized businesses. Let's look at a sample employment contract for micro-enterprises and find out how the agreement is drawn up.

Innovations regarding the conclusion of a standard employment contract by microenterprises

Today, employers classified as microenterprises have the right to base their relations with employees on the provisions of Chapter 48.1 of Article 309.2 of the Labor Code.

This suggests that a small business entity has the opportunity to legally partially or completely refuse to develop local regulations, which should include such issues as shift schedules, regulations on the payment of wages and bonuses, internal regulations and other aspects of labor activity. Instead, now you can discuss all the listed points directly in the employment contract with the employee.

Sample employment contract for micro-enterprises: format requirements

Today, the standard form of labor agreement between employees and microenterprises contains most of the conditions for carrying out labor activities, which previously had to be included in the text of local regulations.

A standard contract concluded between a micro-enterprise employer and an employee must contain eleven mandatory sections:

about general conditions carrying out labor duties;
about the rights of the employee and his obligations to the employer;
about the rights and responsibilities of a manager;
on the conditions and amounts of remuneration;
about periods of work and rest periods;
on labor protection of employees;
on guarantees for employees, including social insurance;
about other significant issues related to labor activity in the company;
on changes to the terms of the contract in the future;
on the measures of liability of the parties to the contract;
about the final points.

The inclusion in the terms of an employment contract of provisions that were previously prescribed in the internal regulations of micro-enterprises allows representatives of small and medium-sized businesses to improve the terms of agreements with employees, taking into account the specifics of the company’s activities.

Innovations do not imply the right of a micro-enterprise to worsen the situation of employees - the terms of the contract, as before, must take into account all the requirements of the Labor Code regarding the protection and labor safety of subordinates.

Sample employment contract for micro-enterprises: transition to a new form of employment contract

The specifics of the transition to standard employee contracts relate to situations where the agreements were signed before the innovations entered into legal force - then the employment contracts will need to be concluded again.

However, the difficulty lies in the fact that labor legislation requires that, at the end of the employment relationship, a full payment settlement be made with the employee on the day of dismissal. There are no special rules in the Labor Code of the Russian Federation that would regulate the procedure for re-signing agreements.

And in such a situation, it would be most convenient to conclude not a new employment contract, but an additional agreement to existing contracts. To avoid any difficulties, it makes sense to consider these additional agreements as an employment contract developed specifically for micro-enterprises and corresponding to the standard form of the agreement.

If the company ceases to be considered a micro-enterprise, the law allows the approval of internal regulations and the conclusion of employment contracts (additional agreements) again within the next 4 months after the loss of status.

Sample employment contract for micro-enterprises

Legislative acts on the topic

Common mistakes Error:

– this is the main legal document regulating the relationship between employee and employer. The document has legal force; the provisions specified in it must be strictly observed by both parties to the labor relationship. A properly drafted employment agreement will help protect the interests of the employer without infringing on the interests of the hired personnel. The document must be drawn up in writing in two copies.

Many employers are interested in the question: has the standard form of an employment contract been approved in 2019? Or can it still be composed in free form? The answers to these and other questions are in our material.

Is there a standard form of an employment contract?

Today, there is one standard form of employment agreement approved at the government level. It is intended for micro-enterprises and can replace their entire personnel documentation(Article 309.2 of the Labor Code of the Russian Federation). Standard form employment contract for microenterprises was approved by Government Decree No. 858 dated August 27, 2016. The document came into force in January 2017.

The approval of the standard form made it possible to solve two problems of micro-business:

optimize personnel records management;

introduce common standards for documentation on issues legal regulation relationships between hired workers and the employer.

Let us remind you that microenterprises include organizations and individual entrepreneurs who carry out labor activity no more than 15 employees, and income level for last year amounted to no more than 120 million rubles.

Drawing up an employment agreement according to a standard form, as an alternative to maintaining personnel documentation

If a micro-enterprise registers labor Relations with employees using this document, it has the right not to adopt other local acts (regarding labor law), including internal regulations, regulations on wages, bonuses, etc. This is very convenient, as it reduces the documentary and administrative burden.

Requirements for an employee for a certain position, rights, responsibilities and other essential conditions must be specified in the text of the contract. In order for the introduction of such personnel document flow to have a legal basis, the head of the subject entrepreneurial activity must record the use of the standard form of an employment contract in the relevant order.

Can organizations use a standard form of employment contract intended for small businesses?

The basic requirements for the content of the employment agreement are specified in Art. 57 Labor Code of the Russian Federation. There have been no changes to this article in 2019. Since the standard form of an employment contract for microenterprises contains everything necessary information approved by current legislation, it can be applied not only by microenterprises, but also by medium and large businesses. If necessary, adjustments can be made to the agreement, although the document was initially developed specifically for small businesses.

Using a standard contract form will help employers avoid possible fines under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for punishment for improper execution of an employment agreement. But heads of organizations must remember that only micro-enterprises are exempt from the obligation to prepare personnel documentation; this does not apply to all others.

Structure of a standard contract form

The standard form of an employment contract provides for various options for labor relations, including, incl. home and remote work. The form consists of the following sections:

Preamble - information about the employer and the employee being hired.

General provisions. The section contains information about the position and place of work, probation period. Here they state the date when the employee must begin performing the job functions assigned to him, as well as the validity period of the contract.

Rights and responsibilities of an employee. This section should clearly indicate the labor function and indicate what exactly is included in job responsibilities. The rights of an employee include timely receipt of wages, compensation for harm caused to him during the performance of work duties, etc.

Rights and obligations of the employer. Here you can indicate that the head of the company has the right to demand that the hired employee perform the work assigned to him, take care of the company’s property, etc. Responsibilities include providing the work specified herein labor agreement, providing the employee with tools and personal protective equipment, etc.

Salary. In this section, you should indicate the amount of the monthly salary that the hired employee will receive, the timing of salary payment, the method (cash or through a bank), and the payment details where the funds will be transferred.

Working time and rest time. The following is indicated here: the length of the working week, the start and end time of the work shift, the duration of annual leave.

Occupational Safety and Health.

Conditions of social insurance.

Other terms of the employment agreement.

Changing the terms of the employment contract.

Responsibility of the parties.

Final provisions.

The final part of the agreement displays detailed information about the parties to the agreement. CEO and the employee put their signatures on the document and the date of familiarization with it.

The list of sections given here is not exhaustive. Participants in labor relations have the right to include other sections in the contract at their discretion. If necessary, additional agreements concluded with the employee may be attached to the standard employment contract.

Sample of filling out a standard employment contract

A standard form of an employment contract can be downloaded below.

Employment contract 2020 sample free download with employee, individual entrepreneur form

10.02.2020

The concept of “Employment contract” and “Parties to the employment contract” is defined in Article 56 of the Labor Code of the Labor Code of Russia (LC RF). Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages on time and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force for this employer.The parties to the employment contract are the employer and the employee.

Download: employment contract form, sample, form

Labor Code does not define a specific form or sample of an employment contract. The law only defines the form for micro-enterprises (from 01/01/2017).

Download the form (sample):

Other options for downloading an employment contract (all in word, doc):

The forms are approximate.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. Agreements between individual entrepreneurs (individual entrepreneurs), organizations (LLC, JSC, etc.) and employees are presented. Formsemployment contract with the director, accountant, seller, driver, see this .

Standard form of an employment contract for micro-enterprises

Standard form of employment contract for micro-enterprisesapproved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that relates to micro-enterprises”,as amended by Decree of the Government of the Russian Federation dated November 15, 2019 No. 1458 “On amendments to certain acts of the Government of the Russian Federation.”

The document begins to be valid: 01/01/2017.

Start of action latest edition: 20.11.2019.

On changes in the TD form according to the resolutiondated 11/15/2019 No. 1458 (excerpt): In paragraphs 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that relates to micro-enterprises, approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 “On the standard form of an employment contract concluded between an employee and the employer - a small business entity that belongs to micro-enterprises" (Collected Legislation of the Russian Federation, 2016, No. 36, Art. 5414), replace the words "insurance certificate of compulsory pension insurance" with the words "insurance number of an individual personal account in the individual (personalized) system accounting".

New on the topic

New from 02/10/2020: If an employee wants to have a paper work book and an electronic work book, then he does not need to submit two applications. Experts from 1C came to this conclusion. Source: buh.ru

clarified whether the employer is obliged to draw up or translate an employment contract into the native language of a foreign employee.

New from 12/27/2019: Experts from Rostrud explained whether an organization can conclude a preliminary employment contract that would oblige the parties to enter into a main employment contract in the future (Excerpt: labor legislation does not provide for the conclusion of a preliminary employment contract. Labor relations must be formalized only by an employment contract).

New from 04/04/2019: The Ministry of Labor of the Russian Federation, in letter dated 03/07/2019 No. 14-2/B-139, reports that an employer can dismiss an employee upon expiration of the employment contract, even while the employee is on vacation or during a period of temporary disability.

New from 12/28/2018: The Ministry of Labor, in letter No. 14-1/OOG-8602 dated November 12, 2018, reports that payment of wages ahead of schedule does not violate the rights of workers.

New from 12/14/2018: E Rostrud experts report that pOnly a court can recognize a fixed-term employment contract as indefinite (withA fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a certain period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (Part 5 of Article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk regionalthe court, in an appeal ruling dated June 27, 2018 in case No. 33-4045/2018, allowed employers not to index employees’ salaries (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that It is not possible to reduce wages during the probationary period, according to the requirementsPart 3 of Article 70 of the Labor Code of the Russian Federation.

New from 10.30.2018: Rostrud experts in the Rostrud report with guidance on compliance The mandatory requirements of legal acts for the third quarter of 2018 are explained and reported by:

When can the term of an employment contract be extended using an additional agreement?

When an employment contract includes conditions for providing leave;

The position in the employment contract does not always have to correspond to the qualification reference books.

New from 07/31/2018: The Russian Government in Resolution No. 873 dated 07/26/2018 introduced amendments to the standard form of an employment contract with the head of a state (municipal) institution.

New from 03/30/2018: MIntrud of the Russian Federation in letter dated March 21, 2018 No. 14-2/B-191 clarifies whether numbering of employment contracts is mandatory commercial organization, and what numbering system can be used.

New from 03/19/2018: The Ministry of Labor of the Russian Federation, in letter dated 03/05/2018 No. 14-2/B-148, clarified how the personnel registration of workers involved in work for which various restrictions are defined by law is carried out.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru

New from 10/31/2017: The Russian Ministry of Labor, in letter dated 10/18/2017 No. 14-2/B-935, clarifies the procedure for collecting from an employee the amounts spent on his training in the event of early termination of an employment contract.Excerpt: "When dismissed without good reasons Before the expiration of the period specified in the employment contract or in the agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2/B-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to find employment in competing companies (the Employer does not has the right to restrict the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in letter dated October 18, 2017 N 14-2/B-935, clarifies how the termination of an employment contract concluded with a temporary employee while the main employee is on sick leave (when the term of termination of the employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor absence mandatory conditions in the employment contract (Article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message from Rostrud.

New from 07/13/2017:
The Russian Ministry of Labor, in letter No. 14-1/B-591 dated June 30, 2017, explained which clauses a micro-enterprise can exclude from a standard employment contract. More details on this one.

Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Resolution No. 858 of August 27, 2016 approved a standard form of an employment contract, including various options for filling out individual terms and conditions. The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the Development of Small and Medium Businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph “b”) and for the purpose of implementing the Federal Law of July 3, 2016 No. 348-FZ “On amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises” (hereinafter referred to as Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer, a small business entity classified as a micro-enterprise, has the right not to adopt local regulations containing labor law standards (internal labor regulations, regulations on wages, shift schedules, etc.). At the same time, the terms and conditions that, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual terms and conditions. This will ensure flexibility in regulating labor relations, taking into account the specifics of the activities of a particular employer.
The standard contract form includes special conditions applicable to remote and home workers, which are not used in other cases.
The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of workers working for employers - small businesses, which are classified as micro-enterprises.

The employment contract specifies:
surname, name, patronymic of the employee and name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
information about documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
place and date of 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 area - place of work indicating the separate structural unit and its location;
labor function (work according to position in accordance with staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code and other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the name of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in qualification reference books, approved in the manner established by the Government of the Russian Federation, or corresponding to the provisions of professional standards;
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period 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);
working hours and rest hours (if for a given employee it differs from general rules, operating with this employer);
guarantees and compensation for work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of the 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 norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or for its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, in particular:
on clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
about the test;
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the employee’s obligation to work after training for no less than 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 his family members;
on clarification, in relation to the working conditions of a given employee, of 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 employees.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements . Failure to include any of the specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Duration of the employment contract defined in Article 58 of the Labor Code of the Russian Federation
Employment contracts can be concluded:
1) for an indefinite period;
2) for a certain period of not more than five years (fixed-term employment contract), unless a different period is established by this Code and other federal laws. More details in Article 58 of the Labor Code of the Russian Federation

Concept Fixed-term employment contract is introduced in Article 59 of the Labor Code of the Russian Federation.

According to Article 60 of the Labor Code of the Russian Federation Prohibition to demand performance of work not stipulated by the employment contract, except for cases provided for by this Code and other federal laws.

In article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job). The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

In article 60.2. The Labor Code of the Russian Federation talks about: Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

Article 61 of the Labor Code of the Russian Federation determines:Entry into force of the employment contract

An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin performing his job duties on the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.

For micro-enterprises and individual entrepreneurs a standard form of an employment contract has been approved. If you conclude such an agreement with an employee, then the internal regulations, provisions on remuneration and others local acts no longer needed. Download the form of a standard employment contract for micro-enterprises 2019 and a sample.

Standard form of employment contract for microenterprises 2019: who has the right to apply

According to Article 309.2 of the Labor Code of the Russian Federation, employers - small businesses - microenterprises have the right to fully or partially refuse to adopt local regulations containing labor law norms (internal labor regulations, regulations on remuneration, regulations on bonuses and others). When refusing acts, microenterprises are required to include in employment contracts the conditions that, in accordance with the Labor Code of the Russian Federation, are prescribed in the acts.

The standard form of an employment contract for micro-enterprises was approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. Let us recall which enterprises belong to micro-enterprises and have the right to use the standard form of the contract.

Microenterprise - this is a small business enterprise (individual entrepreneurs, peasant farms, LLCs) that meet certain criteria (see table).

Microenterprise criteria

Criteria	IP	OOO
Average number of employees for the previous calendar year, people	≤15	≤15
Income for the last calendar year excluding VAT, million rubles	≤ 120	≤ 120
Total share of participation in the capital company of the company of the constituent entities of the Russian Federation, municipalities, public and religious organizations and foundations, %	-	≤ 25
Total share of participation of other organizations that are not small or medium-sized businesses, as well as foreign organizations, %	-	≤ 49

Employment contract for micro-enterprises from 2019: sample filling

The standard form of an employment contract for microenterprises for 2019 was approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. It includes standard provisions, rights and obligations of the employee and the employer, terms of payment for the employee, working time and rest, labor protection, social insurance, etc.

The 17-page standard employment contract form for microenterprises includes 11 sections:

General provisions;
Rights and obligations of the employee;
Rights and obligations of the employer;
Employee remuneration;
Working time and rest time of the employee;
Occupational Safety and Health;
Social insurance and other guarantees;
Other terms of the employment contract;
Changing the terms of the employment contract;
Responsibility of the Parties to the employment contract;
Final provisions.

It is possible to exclude items from a standard employment contract that are not required to be completed due to the nature of the work, as well as items specified in the notes to the standard contract. The Ministry of Labor reported this in a letter dated June 30, 2017 No. 14-1/B-591.

UNP summarized judicial practice in disputes when employees accuse employers of arbitrarily changing clauses of the employment contract. The arguments are in the review.

Let us remind you that when concluding employment contracts it is necessary to take into account changes in labor legislation, which came into force on January 1, 2019.

How can a micro-enterprise switch to a standard employment contract starting in 2019?

If a company decides to switch to standard contracts, the algorithm is as follows.

Step 1. Determine which local acts are no longer needed . Make a list of acts that are no longer required (see list below). The Labor Code names some of the acts that can be canceled: internal labor regulations, provisions on wages and bonuses, shift schedule (Article 309.2 of the Labor Code of the Russian Federation).

You can also cancel your vacation schedule. But from the standard form it follows that instead of a schedule, a written agreement must be drawn up with employees, in which vacation days are determined. The labor inspectors we interviewed advise drawing up such agreements annually, at the same time as the vacation schedule. That is, no later than two weeks before the new year.

What local acts can be canceled

Labor internal regulations.
Labor protection rules and instructions.
Regulations on remuneration and bonuses.
Regulations on irregular working hours.
Regulations on business trips.
Job descriptions.
Shift schedules.
Vacation schedule (instead of a schedule, enter into written agreements)

It is important to know:

If a company or individual entrepreneur has lost the status of micro-organizations and at the same time they already have an order to refuse local documents, they will have to re-enter these documents. You need to do it within four months from the date of removal from the register of small and medium-sized businesses. The register can be found on the Federal Tax Service website.

Step 2. Issue an order to cancel local acts . You can refuse part or all of the acts. In order not to get confused about which provisions you canceled and from what date, draw up an order in free form and sign it with your manager (see sample).

In the order, instruct the employee who is responsible for personnel records to sign agreements to employment contracts with employees.

Step 3. Change existing employment contracts . Due to the transition to standard templates, the employment relationship is not interrupted, so the company does not have the right to terminate the old contract and enter into a new one.

Conclude additional agreements with all employees to existing employment contracts to include all the conditions from the standard form. To do this, you can write in the agreement: “Employment contract No. 1 dated 02/10/17 is stated in new edition from 02/01/19", and then rewrite all the clauses from the standard contract and fill in the missing information - salary, schedule, place of work and other required information.

Pros and cons of a standard employment contract for microenterprises

pros	Minuses
There is no need to develop your own forms of employment contract. The standard form already has everything the necessary conditions. This means that labor inspectors will have no complaints about the contents of the contract. The company will draw up fewer documents, since some local acts can be canceled. If you fill out standard contracts, there is less risk that labor inspectors will fine you for the absence of mandatory acts or for errors in them. The company will no longer need to familiarize employees with each document separately; all the rules will be in the standard contract.	If any conditions of the standard contract are changed, additional agreements must be signed with employees. The employer has the right to change local regulations himself; it is enough to issue an order and familiarize employees with it. If an employee resigns, the standard contract must be supplemented - the date and reason for dismissal must be entered. Labor inspectors believe that there is no need to demand a copy from the employee. It is enough to make a copy from the last page and give it to the employee for signature. If a company loses its micro status, all local acts must be issued within four months (Article 309.1 of the Labor Code of the Russian Federation).

pros

Minuses

There is no need to develop your own forms of employment contract. The standard form already has everything the necessary conditions. This means that labor inspectors will have no complaints about the contents of the contract.

The company will draw up fewer documents, since some local acts can be canceled.

If you fill out standard contracts, there is less risk that labor inspectors will fine you for the absence of mandatory acts or for errors in them.

The company will no longer need to familiarize employees with each document separately; all the rules will be in the standard contract.

If any conditions of the standard contract are changed, additional agreements must be signed with employees. The employer has the right to change local regulations himself; it is enough to issue an order and familiarize employees with it.

If an employee resigns, the standard contract must be supplemented - the date and reason for dismissal must be entered. Labor inspectors believe that there is no need to demand a copy from the employee. It is enough to make a copy from the last page and give it to the employee for signature.

If a company loses its micro status, all local acts must be issued within four months (Article 309.1 of the Labor Code of the Russian Federation).