Standard form of an employment contract. Employment contract

EMPLOYMENT CONTRACT

(UNIVERSAL)

g. ____________ "___"_____________ g.

Administration ____________________________________________________, called

(name of organization, enterprise, etc.)

acting on the basis _____________________________________________________,

(charter, regulations, power of attorney)

on the one hand, and the citizen of Russia _____________________________________________

(last name, first name, patronymic, details

Referred to as (May) hereinafter -

passport or equivalent document)

An employee acting in his own interests and on his own behalf, on the other hand, has entered into this employment contract as follows:

1. The Subject of the Agreement

1. The employee is hired as ________________________________ (specify position and

In accordance with what and based on

place of work - structural unit)

from the terms of this employment contract, the Employee undertakes to perform labor functions (job responsibilities) specified in the relevant job description signed by the administration, and the Employer undertakes to provide him with the necessary conditions for work, pay wages and provide social benefits in accordance with the law and this employment contract.

2. When exercising his rights and performing his duties, the Employee must act in the interests of the Employer. The Employee undertakes to exercise his rights and fulfill his labor duties in good faith and rationally.

3. This employment contract was concluded for a specific period: the beginning of the contract is “___”________________ 20__; ending -

"___" ________________ 20__.

Option:

3. This employment contract is concluded for an indefinite period: the beginning of the contract is “___”________________ 20__.

4. In order to verify the compliance of the Employee’s qualifications and his attitude to the work entrusted to him, a probationary period of _______________ months is established from the moment the Employee begins to perform his job duties (from the beginning of this employment contract).

2. Rights and Obligations of the parties

5. The employee has the right:

5.1. To a properly equipped workplace, to provide the materials and supplies necessary for the Employee to perform his job duties.

5.2. For timely payment of labor in the amounts provided for in this employment contract.

5.3. For annual paid leave in accordance with vacation schedules and weekly rest.

5.4. For social benefits in accordance with the legislation of the Russian Federation, the collective agreement and this employment contract.

5.5. _________________________________________________________

(other rights - by agreement of the parties)

6. The employee undertakes:

6.1. Conscientiously perform duties in accordance with the job description attached to this employment contract.

6.2. Submit to the internal labor regulations of the Employer.

6.3. Maintain labor discipline.

6.4. When performing work duties, comply with the rules and regulations on labor protection, safety and fire safety.

6.5. Treat the Employer's property with care.

6.6. Maintain information that constitutes official and commercial secrets of the Employer. The list of information containing the Employer's trade secret is specified in the appendix to this employment contract.

6.7. _________________________________________________________

(other duties - as agreed by the parties)

_______________________________________________________________.

7. The employer has the right:

7.1. Require the Employee to conscientiously fulfill his duties under this employment contract.

7.2. Provide incentives to the Employee for conscientious and effective work.

7.3. Bring the Employee to disciplinary liability for committing offenses that deserve punishment in the manner prescribed by the labor legislation of the Russian Federation.

7.4. _________________________________________________________

(at the discretion of the parties - other rights of the Employer,

_______________________________________________________________.

determined by the parties in the employment contract).

8. The employer undertakes:

8.1. Accurately fulfill the terms of this employment contract, pay the Employee on time, resolve issues of social security for the Employee, etc.

8.2. Provide the Employee with the normal appropriate conditions necessary for him to perform his duties, provide the Employee with the means, materials and equipment that are necessary for him to fulfill the terms of this employment contract.

8.3. Provide conditions for safe and efficient work of the Employee, equip his workplace in accordance with labor protection and safety regulations.

8.4. Provide the Employee with reliable characteristics of working conditions and ensure that he is provided with compensation and benefits for difficult, harmful or dangerous working conditions.

8.5. Timely pay the wages stipulated by this employment contract and other payments due to the Employee.

8.6. _________________________________________________________

(at the discretion of the parties - other obligations specified

_______________________________________________________________.

parties to the employment contract)

3. Remuneration.

Social and everyday issues

9. For the performance of duties stipulated by the terms of this employment contract, the Employee is paid:

9.1. Salary for the position in the amount of ___________________________________

(in numbers and words)

Rub. per month (forms of remuneration can be any - see other forms of employment contracts).

9.2. Personal allowance in the amount of ________________________________

(in numbers and words)

Rub. per month; bonus in the amount of ___________% of the salary for the position based on the results of work for the month (quarter).

9.3. Remuneration based on the results of work for the year in the amount (size) - as determined in the Employer’s organization.

9.4. Financial assistance for annual leave in the amount of ___________.

9.5. Other remunerations provided for by the regulations in force in the Employer’s organization.

When wages increase throughout the Employer's organization, including changes due to inflation, the Employee's wages change by the general increase factor.

10. The Employee’s annual paid leave is set at __________ working days.

11. By the decision of the Employer, the Employee may be paid for the costs of treatment and rest during the period of his annual leave (sanatorium, boarding house, etc.) or independently of it.

12. In the event of the death of an Employee during the period of validity of this employment contract, his family is paid a lump sum benefit in the amount of ___________ official salaries.

13. In the event of early termination of this employment contract (termination of the contract) due to objective circumstances by the executive bodies of the Employer’s organization (if this falls within the competence of the relevant body of the Employer’s organization in accordance with the provisions of the latter’s Charter), the Employee may be paid severance pay.

The terms of payment and the amount of severance pay are determined depending on the duration of the Employee’s work in the Employer’s organization, his labor contribution, the reasons and initiative for the early termination of the employment contract (termination of the contract).

14. Upon termination of work due to the Employee’s retirement, he is paid a one-time benefit in the amount of ___________ official salaries, and a monthly supplement to the state pension is established, taking into account the duration of his work in the Employer’s organization and labor contribution.

4. Changes and additions to the terms of the employment contract

15. During the period of validity of this agreement, the parties have the right to make changes and additions to its text in connection with the following circumstances:

15.1. At the reasonable request of one of the parties.

15.2. In case of a significant change in the production direction of the organization.

15.3. Changes to the organization's charter that affect the rights and interests of the Employee.

15.4. Changes in current legislation that significantly affect the property, labor and moral rights and interests of the parties to the contract.

15.5. In other cases recognized by the parties as necessary to consider issues of changing and supplementing the terms of this employment contract.

Moreover, these changes and additions will have legal force only if they are written and signed by the parties as an integral part of this employment contract.

16. Upon expiration of the employment contract (for fixed-term employment contracts), it can be concluded (extended) for a new period determined by the parties. In this case, the final execution of a new contract (extension of the previous one) must take place no later than 30 days before the expiration of this employment contract.

The terms of the new (extended) employment contract are agreed upon by the parties when discussing the issue of concluding a new (extended) employment contract.

5. Other terms of the employment contract

17. The employee bears property liability for damage caused by his actions in the presence of guilt, as well as under the conditions and in the manner provided for by the labor legislation of the Russian Federation.

18. Disputes and disagreements that may arise during the fulfillment of the terms of this employment contract, the parties will strive to resolve amicably by mutual agreement. If a mutually acceptable solution is not reached - in the manner prescribed by the labor legislation of the Russian Federation.

19. Early termination of this agreement (termination of the agreement) may take place:

19.1. If the Employer violates its obligations under this agreement.

19.2. Upon the occurrence of circumstances that have such a significant impact on the rights and interests of the Employee that they make it unacceptable for him to continue to perform his job duties (changes in the provisions of labor, civil, tax and other legislation; introducing amendments and additions to the Charter of the Employer’s organization that infringe on the rights and interests of the Employee) .

19.3. When circumstances occur that actually prevent the Employee from physically fulfilling his obligations under the contract (long-term serious illness, disability, etc.).

19.4. In the event of a gross violation by the Employee of his official duties, resulting in serious consequences for the Employer, significant violations of the legally protected property and moral rights and interests of the Employer.

19.5. In case of disclosure by the Employee of information constituting a trade secret of the Employer, if this circumstance entailed certain negative consequences, especially if this took place deliberately against the interests of the Employer.

19.6. On the grounds provided for by the labor legislation of the Russian Federation.

19.7. For other reasons determined by the parties to the agreement as respectful and not contrary to the provisions of the labor legislation of the Russian Federation.

20. For all issues that have not been resolved in the terms (provisions) of this employment contract, but directly or indirectly arising from the relationship between the Employer and the Employee on it from the point of view of the need to protect their property and moral rights and interests protected by law, the parties to this labor contract the agreements will be guided by the provisions of the Labor Code of the Russian Federation and other relevant mandatory regulations of the Russian Federation.

21. Details of the parties to the agreement:

Employer Employee

(full name)

______________________________

Postal address (with zip code) Last name _______________________

Name ___________________________

Telegraphic address Patronymic _______________________

Date of Birth __________________

Fax _________________________ Address (with zip code) _____________

Telephone ______________________ ________________________________

TIN __________________________ Passport series __________________

Current account No. _____________ No. ______________________________

in the bank ______________________ Issued by (by)____________________

in the mountains _______________________ (When)_________________________

correspondent account No. __________________ INN ____________________________

BIC __________________________

This employment contract was signed in the city. __________________________________

20__ in two copies: one for each of the parties, and both copies have equal legal force.

Signatures of the parties to the employment contract:

_________________ (Last name, I.O.)_______________ (Last name, I.O.)

EmployerEmployee

employment contract form (sample sample)

Employment contract

1. Enterprise (organization) ____________________________ (Name)

in the face _____ (position, surname, first name, patronymic)

Hereinafter referred to as "Enterprise"

and citizen ____________________________________________________________________________________________ (Full Name)

Hereinafter referred to as "Employee",
have entered into this agreement as follows:

2. Employee ____________________________________________________________________________________________ (Full Name)

hired ____________________________________________________________________________________ (name of the structural unit of the enterprise: workshop, department, laboratory, etc.)

by profession, position _________________________________________________________________________________ (full name of profession, position)

qualifications ___________________________________________________________________________________________ (rank, qualification, category)

3. The agreement is:
Contract for the main job / Contract for part-time work (underline as necessary)

4. Type of agreement:
for an indefinite period (perpetual)
for a certain period (urgent) __________________________________________________________________________ (indicate the reason for concluding a fixed-term contract)

for the duration of a specific job _________________________________________________________________ (specify which one)

5. Duration of the contract.
Beginning of work __________________________________________________________________________________________
End of work _______________________________________________________________________________________

6. Test period:
a) without testing;

B) _____________________________________________________________________________________________________ (duration of probationary period)

7. The employee must perform the following duties:

________________________________________________________________________________________________________

(the main characteristics of the work and the requirements for their implementation are indicated)

8. The enterprise is obliged to organize the work of the employee, create conditions for safe and effective work, equip the workplace in accordance with labor protection and safety rules, and timely pay the wages stipulated by the contract.

________________________________________________________________________________________________________

(specific measures are indicated for organizing the production process, equipping the workplace, etc.)

________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________

9. The employer’s obligation to ensure working conditions in the workplace, indicating reliable characteristics, compensation and benefits provided to the employee for hard, especially hard work and work with harmful, especially harmful or dangerous working conditions.

10. Features of working hours:
part-time ___________________________________________________________________________________
part-time work _________________________________________________________________________________
Hourly payed job ________________________________________________________________________________________

11. The employee is established:
official salary (salary schedule) ____________ rub. per month
or ____________ rub. for 1 hour of work
allowance (additional payments and other payments) ______________ rub. (in % of rate, salary);

12. The employee is entitled to an annual paid leave of duration:
main __________ working days
additional __________ working days.

Enterprise (employer):		Worker:
________________________________________________ (f., i., o. position)		________________________________________________ (f., i., o. passport details)



Address:		Address:




________________________________________________ (signature)		________________________________________________ (signature)
		"____" ___________________ 200 __ g.

Labor Code. Article 67. Form of employment contract

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

If you decide to hire employees to your business team, you will need an employment contract. It is like an airbag that will protect you from many controversial situations and allow you to avoid problems with the law. There have never been clear requirements for filling out the document, except for the presence of mandatory details. So it is in 2019, but something has changed - businessmen whose companies fall into the rank of micro-enterprises will be able to use a standard form specially developed for the employment contract of an individual entrepreneur with an employee. For what? To abandon the numerous personnel documentation that it replaces. The article answers the question of how to draw up a regular and standard contract.

Can individual entrepreneurs enter into a TD?

The Labor Code states that both a legal entity and an individual can join the list of employers. The latter are divided:

For an individual with the status of an individual entrepreneur;
For individuals without status who enter into contracts with other people who will serve them or perform any work.

According to labor legislation, individual entrepreneurs can enter into an employment contract with an individual entrepreneur. Such a document is drawn up in the standard manner, but in the header of the agreement it should be indicated that both parties have the status of an individual entrepreneur and the details of the relevant certificates.

Model agreement 2019: download form

From 2019, all individual entrepreneurs and organizations that fall under the concept of microenterprises will be able to use a standard form of employment contract. The sample standard form developed for a new employment contract between an individual entrepreneur and an employee has a more comprehensive content that is 99% compliant with all legal standards. And it replaces a whole list of regulations, which some employers will now be able to refuse:

Payment Regulations;
Labor regulations;
Labor safety instructions;
Job descriptions;
Shift schedule.

The innovation is voluntary. That is, micro-enterprises are not obliged to use this particular form of employment contract, and large enterprises are not required to use it. If an individual entrepreneur who does not fall under the micro-enterprise decides to apply a standard agreement, he has the right to do so. But he cannot refuse personnel documentation.

It’s customary that if an individual entrepreneur doesn’t know something, he goes to the Federal Tax Service website. And the company's attitude towards microenterprises is no exception. To check what type of enterprise yours belongs to, use the section “Unified Register of Small and Medium-Sized Businesses”.

Your company could be included in the Micro list if it meets the following requirements:

If everything matches up and you decide to use a standard agreement, know that it can be changed. It is not necessary to complete all sections. For example, if working conditions are in no way related to remote work, then the clause about it can simply be deleted.

Types of TD

The entrepreneur has the right to conclude any of the existing contracts with the employee. There are 3 of them in total.

1. Indefinite

It assumes the employment of an individual on a permanent basis, and therefore has no validity period. Typically, this type of document contains social guarantees provided by the employer and the responsibilities of the employee.

2. Urgent

Employers enter into this type of contract for one purpose - to fire an employee immediately after the expiration of its term. They appoint the latter at their own discretion and indicate it in the document. This could be an annual contract or even a monthly one. The maximum period provided for by law is 5 years.. Afterwards, the contract must either be extended or terminated.

According to the Code of the Russian Federation enterprises cannot enter into a fixed-term employment contract without reason, it can only be applied if the individual entrepreneur accepts the employee under the following conditions:

To perform urgent and seasonal work;
To temporarily replace an employee on maternity leave or sick leave;
For the period of vocational training or internship of an employee.

And also if an employer employs a pensioner (due to restrictions or age), or if a person goes to work for an entrepreneur who employs less than 35 people. The last paragraph of individual entrepreneurs can be used as the basis for drawing up a fixed-term contract with each employee.

It is necessary to notify the employee about the termination of employment 3 days before the end of the contract term. If it comes to an end, and neither party wants to terminate the relationship, the contract is recognized as valid for an indefinite period.

3. Civil law

This is a contract concluded for one-time work. It does not provide social guarantees, does not provide for employee insurance, and according to it the individual entrepreneur is not obliged to provide tools and a workplace. The employee is employed temporarily.

Filling out TD: sample and form

In order for the employment contract concluded between you and the employee to have legal force, you must indicate in it all the required information:

Information about the employee: full name and from passport;
Information about the employer: full name, from passport and TIN;
Date of conclusion;
Start and end of the action (if necessary);
Rights/obligations of the parties to the agreement;
Job title;
Place of work;
Working conditions and availability of compensation for hard (dangerous, harmful) work;
The salary at which the individual entrepreneur will pay wages;
Conditions for paying allowances and bonuses;
Work and rest schedule;
Social guarantees;
Types and conditions of insurance.

The document must be drawn up and signed in two copies.- one will remain with the employer, the second is intended for the employee. In the place of signatures, you must indicate all the data about the individual entrepreneur and the hired individual according to the passport.

In addition to basic information, you can enter additional information, make edits, adjustments. The businessman has the right to determine what to add himself. An approximate list of additional items:

On non-disclosure of official, commercial and other secrets;
On the mandatory repayment of funds spent by the employer on employee training;
On the conditions and types of additional insurance;
On improving the living conditions of the employee and his family.

In order not to spend a lot of time on registration of each employee, the easiest way is to create a ready-made template that meets your requirements and print it as needed.

List of required documents

When applying, the future employee must provide you with a certain package of documents:

Passport;
SNILS (insurance card);
Military ID (if he is a man of military age);
Documents confirming qualifications;
Work book.

If your company became the employee’s first place of work, you are obliged to provide him with a work book, SNILS. And if you employ a minor, you must request written permission from one of the parents or another official representative.

By mutual agreement of the parties, an employee can work even before concluding an employment contract, but according to Art. 67 of the Labor Code, a businessman is obliged to formalize it in accordance with all points of the law within three days after the start of work.

Registration of an employee in funds

After signing the contract, draw up and sign an order for hiring an employee and collect a package of papers for registration with the Pension Fund and the Social Insurance Fund in order to register as an insured employer. As soon as you become an employer, the countdown begins for 10 days for mandatory registration with the Social Insurance Fund and 30 days with the Pension Fund.

If you decide not to register yourself with the Pension Fund and Social Insurance Fund as an employer, you will be fined. For submitting documents with a delay of 90 days or more, you will be required to pay 10,000 rubles, less than 90 days - 5,000 rubles.

Any employer, including individual entrepreneurs, must pay contributions for each of its employees. The list of payments includes the following payments:

for pension insurance;
for health insurance;
For social insurance.

Plus, a businessman who earns money through entrepreneurial activities and hires staff is a tax agent and must pay personal income tax. The amount of tax for employees is calculated from the total amount of all contributions in their favor. This includes wages, allowances, bonuses, and some types of financial assistance.

Income tax is paid for all individual entrepreneurs. In the general taxation regime, it is mandatory and amounts to 13% of deductions in favor of an individual, but in the simplified taxation system, PSN and UTII it is not necessary to pay it.

Unified form TD-1can help the employer draw up an employment contract with the employee. We will tell you in our article how to use the TD-1 form in order to formalize labor relations in a timely manner and at the same time comply with all legal requirements.

An employment contract - is it always necessary?

Most people work in companies or individual entrepreneurs for money. In this case, so that the remuneration received corresponds to the labor expended, and the employer does not abuse the labor of his employees, the employment relationship must be formalized in writing. The requirement for a written form of an employment contract is established by Art. 67 of the Labor Code of the Russian Federation.

An employment contract is the main document drawn up between an employee and an employer upon his/her employment. If an employer allows an employee to work, but does not draw up an employment contract with him, he may be fined by the State Labor Inspectorate under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Read more about fines for violating labor laws in the material .

Unified form No. TD-1 - when is it applied?

There is no single form of employment contract, because It is impossible to come up with the perfect sample for all occasions. Chief accountant, blacksmith, cook, system administrator - each position brings its own characteristics to the employment contract. For example, only in an employment contract can one provide for the working hours (for some professions with hazardous working conditions, a shortened working day is provided), the duration of vacation (for some categories, not only basic but also additional vacations are established), as well as various types of compensation and guarantees.

But you can make the registration process easier. For this purpose, there is a unified form of an employment contract (form TD-1) - it can serve as the basis for drawing up various employment contracts, since it contains general (standard) conditions provided for by law. You can download the unified form TD-1 on our website.

Example of an employment contract

Let’s say I.P. Kruglov joins Rassvet LLC as an auxiliary worker. To conclude an employment contract with him, the HR department specialist used the TD-1 form, in which he entered all the necessary information.

In accordance with Art. 57 of the Labor Code of the Russian Federation in the employment agreement provides the necessary information, mandatory and additional conditions. The employment contract with I.P. Kruglov reflected the following necessary information: information about the employer (name, address, Taxpayer Identification Number, etc.), employee (full name, passport details and other information), date and place of conclusion of the contract .

Among the mandatory working conditions are the following: location of the employee’s workplace in accordance with Part 6 of Art. 209 of the Labor Code of the Russian Federation, labor function (taking into account the requirements of Article 60 of the Labor Code of the Russian Federation), date of start of work, terms of payment (tariff rate, bonuses, additional payments, allowances), working hours and rest periods, condition of compulsory social insurance.

In addition to the necessary information and mandatory conditions, the text also indicated an additional condition (Article 57 of the Labor Code of the Russian Federation) - a probationary period.

You can see a sample of filling out the TD-1 form on our website.

Results

An employment contract with an employee must be concluded in writing. When completing it, you can use the unified form TD-1 as a basis, in which you must indicate all the necessary information, mandatory and additional conditions.

Select category 1. Business law (233) 1.1. Instructions for starting a business (26) 1.2. Opening an individual entrepreneur (26) 1.3. Changes in the Unified State Register of Individual Entrepreneurs (4) 1.4. Closing an individual entrepreneur (5) 1.5. LLC (39) 1.5.1. Opening an LLC (27) 1.5.2. Changes in LLC (6) 1.5.3. Liquidation of LLC (5) 1.6. OKVED (31) 1.7. Licensing of business activities (13) 1.8. Cash discipline and accounting (69) 1.8.1. Payroll calculation (3) 1.8.2. Maternity payments (7) 1.8.3. Temporary disability benefit (11) 1.8.4. General accounting issues (8) 1.8.5. Inventory (13) 1.8.6. Cash discipline (13) 1.9. Business checks (16) 10. Online cash registers (10) 2. Entrepreneurship and taxes (403) 2.1. General tax issues (25) 2.10. Tax on professional income (7) 2.2. USN (44) 2.3. UTII (46) 2.3.1. Coefficient K2 (2) 2.4. BASIC (34) 2.4.1. VAT (17) 2.4.2. Personal income tax (6) 2.5. Patent system (24) 2.6. Trading fees (8) 2.7. Insurance premiums (60) 2.7.1. Extra-budgetary funds (9) 2.8. Reporting (84) 2.9. Tax benefits (71) 3. Useful programs and services (40) 3.1. Taxpayer legal entity (9) 3.2. Services Tax Ru (12) 3.3. Pension reporting services (4) 3.4. Business Pack (1) 3.5. Online calculators (3) 3.6. Online inspection (1) 4. State support for small businesses (6) 5. PERSONNEL (102) 5.1. Vacation (7) 5.10 Salary (6) 5.2. Maternity benefits (1) 5.3. Sick leave (7) 5.4. Dismissal (11) 5.5. General (21) 5.6. Local acts and personnel documents (8) 5.7. Occupational safety (9) 5.8. Hiring (3) 5.9. Foreign personnel (1) 6. Contractual relations (34) 6.1. Bank of agreements (15) 6.2. Conclusion of an agreement (9) 6.3. Additional agreements to the contract (2) 6.4. Termination of the contract (5) 6.5. Claims (3) 7. Legislative framework (37) 7.1. Explanations of the Ministry of Finance of Russia and the Federal Tax Service of Russia (15) 7.1.1. Types of activities on UTII (1) 7.2. Laws and regulations (12) 7.3. GOSTs and technical regulations (10) 8. Forms of documents (81) 8.1. Primary documents (35) 8.2. Declarations (25) 8.3. Powers of attorney (5) 8.4. Application forms (11) 8.5. Decisions and protocols (2) 8.6. LLC charters (3) 9. Miscellaneous (25) 9.1. NEWS (5) 9.2. CRIMEA (5) 9.3. Lending (2) 9.4. Legal disputes (4)