Why does an employee need an employment contract and what should it contain?

What is an employment contract

This is the most important document that governs your relationship with the employer. It is the contract that you will refer to in case of disagreement and go to court with it if something goes wrong.

The obligations of the employer and the employee must be spelled out in the text of the agreement. In particular, the contract guarantees you the payment of wages, vacation pay, sick leave in accordance with the norms of the law, and gives the company confidence that the required amount of work will be done.

It is important to understand how this document is drawn up in order to ensure that your interests are met.

What are the employment contracts

Indefinite

An employment contract is concluded for an indefinite period until something changes for one of the parties. For example, until you decide to quit or the company ceases to exist.

Urgent

An employment contract is concluded for a specified period, which cannot exceed five years. At the same time, the employer must have grounds for drawing up just such an agreement, for example, replacing an employee for the duration of the decree. If there are no valid reasons, the court may recognize the fixed-term contract as indefinite. This is done in order to protect the rights of workers.

Sometimes companies enter into fixed-term contracts without justification in order to seamlessly fire an employee when the agreement ends. Often companies with a precarious financial situation go for this, which today can afford a certain number of employees, and tomorrow they will no longer. With the help of fixed-term contracts, they are trying to save money on dismissal compensation by agreement of the parties. But the law does not welcome such prudence.

Who signs the employment contract

The agreement is between the employer and the employee. An employee is a natural person. An individual, an individual entrepreneur or a legal entity can act as an employer. In the first two cases, the contract is signed by the employer himself. On behalf of the legal entity, this can be done by the director or the one to whom he gave such powers by order.

Make sure that the contract with the legal entity indicates on the basis of which document a particular person signed it. This information should be present at the very beginning of the agreement.

What documents are needed

To conclude a contract, you will need:

passport;
SNILS;
work book, if any (in the case of the first job, the company must start it on its own);
educational document - diploma or certificate;
military registration documents.

If necessary, the employer may require a certificate of no criminal record, as well as administrative responsibility for drug use. And that's all, you cannot ask the average citizen for additional documents.

Applicants for civil service positions will have to grab a certificate of income.

How an employment contract is concluded

The contract is concluded in writing and signed by both parties. You must be given a second copy. Keep it like the apple of your eye: it will come in handy in case of problems.

If the agreement is not ready in writing, but you have actually started to perform the duties with the knowledge of the employer, then the agreement is considered concluded. The employer has three days to arrange everything properly.

An employment contract comes into force at the time of its signing by both parties. Typically, it indicates the date when the employee should start acting within the framework of his position. If this is not specified, the first working day is considered the next after the conclusion of the contract.

What should be specified in the employment contract

Labor function

Your position is written in the document. This is especially important for those whose specialty implies special working conditions, additional vacation days, early retirement.

Place of work

The address of the office where you will be present is registered. This line will save you from the situation when the company decides to send you to another branch.

Date of commencement of work and term of the contract

This has already been written above. Please note: if you do not show up for work on the specified date, the employer may cancel the employment contract.

Terms of remuneration

The document must contain the salary, and additional payments, and allowances, and the conditions of bonuses. It is important. If bonuses are issued bypassing the employment contract, then they can very easily stop being paid. And you won't even have anything to argue.

Work and rest mode

The working week may vary, but the normal duration is no more than 40 hours. The contract should say whether you work for five days from 9:00 to 18:00 with a lunch break, six days, or you have a flexible schedule.

Guarantees and compensations for work with harmful and hazardous working conditions

For example, additional vacation will be indicated here.

Conditions governing the nature of work

It's about whether you need to move around, such as driving to branches or clients. In this case, the traveling nature of employment will be indicated.

Working conditions in the workplace

The workplace must be assessed in order to properly compensate if conditions are harmful or dangerous.

Condition on compulsory social insurance of the employee

The employer simply informs you of your rights.

Other conditions

The employer can make amendments to the contract if they do not worsen the employee's position. This includes information about the probationary period, non-disclosure of trade secrets, the obligation to work for a certain period after training at the expense of the company, and so on.

Party data

The last name, first name and patronymic of the employee, as well as the data of the document proving his identity are indicated. Employer information requirements depend on who is in this role. For an individual, it is enough to indicate the full name and passport data. SP adds TIN. The company indicates the TIN and details. All this is written at the end of the document.

Is it possible to change the employment contract

Yes, but this can be done only by agreement. That is, you must agree to the new terms. This is documented in a separate document.

Outcome

Remember: an employment contract is an important document to protect your rights.
Please read all terms and conditions carefully. By signing, you agree with what is written.
Make sure that everything that you agreed on in words gets into the document. Otherwise, the conditions may change at any time.
Be sure to take your copy of the contract and keep it safe.