Standard contract between employer and employee. Standard form of an employment contract for micro-enterprises: form, sample, filling procedure. Scheme. How to include the amount of additional payments and allowances in an employment contract

2017-07-10

Since 2017, micro-enterprises can use a standard form of an employment contract; you can download this form in the article below. How does this agreement differ from others, what are the features of a labor agreement for micro-enterprises?

As a general rule, the leading link in the chain of relations in the sphere of performance of the labor function is the employment contract. This aspect is characterized by the fact that only after signing the above document do rights and obligations appear for both the employee and the employer, which regulate the legal area in question. Based on this, it is necessary to reveal the main features and nuances in the preparation and conclusion of an employment contract in relation to micro-enterprises.

First of all, it should be noted that microenterprises belong to the sphere of small business, and therefore such enterprises are allowed to maintain documentation in a simplified manner. In particular, it is worth noting that from January 1, 2017, microenterprises were allowed not to use local regulatory acts in their professional activities.

This suggests that a standard form of employment contract was created specifically for small enterprises. This agreement must be formed in writing and sealed with the signatures of the parties involved. Such a document acquires legal force only from the moment the employee begins to perform a labor function.

Features of the employment contract for micro-enterprises since 2017

To reflect in more detail the main aspects of the preparation of this document, its structure should be analyzed. An employment contract for micro-enterprises must necessarily include the following information:

The name of the document compiled;
The location where the contract was drawn up, as well as the date it was drawn up;
The name and details of the employer in full or his representative who has all the necessary powers;
Full details of the employee;
General information provisions;
Legal status of the employee and employer;
Regulations on remuneration for work performed by the employee;
Regulations on work schedule;
Regulations on the protection of labor relations;
Social and insurance guarantees;
Provision on liability of both the employee and the employer;
Final provisions.

Also, in the standard form of an employment contract, at the request of the employer, a clause on the accrual of additional incentive financial bonuses paid to the employee by the micro-enterprise can be specified. In particular, these may be bonuses that are paid for a high level of intensity of the work performed and for a long period of continuous employment. Also, incentive payments can be paid for performing a labor function in an area that is located in special climate conditions. This can be work in deserts, mountains and conditions of the extreme northern regions.

This employment contract also provides for special conditions for those categories of employees who are in an employment relationship with the employer at a remote level, through the use of technical means such as telephone or telecommunications network Internet. The procedure for use, replacement and reimbursement of all financial expenses incurred that are associated with the above equipment is reflected in this employment agreement.

That is, the standard form of an employment contract developed for microenterprises can be supplemented with additional conditions at the request of the organization.

It should be noted that in the event of any controversial situations arising on labor grounds between an employee and an employer, various audit or judicial authorities pay increased attention to the content of the structure of the employment agreement. In modern realities, it is permissible for micro-enterprises to fill out an employment contract electronically, which is more relevant than the traditional form of documentation.

Download the standard form

The standard form of an employment contract for micro-enterprises since 2017 is.

Description

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Organizations, individual entrepreneurs and individuals concluding an employment contract.

Price

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Data entry (everything is free!):

EMPLOYMENT AGREEMENT No. (agreement number) dated 03/06/2020

(LLC, CJSC, OJSC, ...) " (Name of the organization)“, represented by (full name), acting on the basis of the Charter, hereinafter referred to as “Employer”, on the one hand, and gr. Russia (full full name) on the basis of the Charter, hereinafter referred to as the “Employee”, entered into this employment contract on the following terms:

1. General Provisions

1.1. Worker (full full name), is hired (place of work, structural unit)
, by profession (position) (full name of profession (position) according to ETKS),
qualifications (positions) (rank, qualification category) (optional),
With (“____”_____________20___ (start date))

1.2. Type of employment contract: For an indefinite period

1.3. Probation period: No probation period

1.4. The work performed under this contract is part-time work.

2. Rights and obligations of the Employee

2.1. The employee has the right to:

– amendment and termination of this employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

– providing him with work stipulated by this agreement;

– a workplace with working conditions that meet the requirements of state standards of organization, safety and hygiene;

– timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

– compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

– other rights provided for in Art. 21 and 219 of the Labor Code of the Russian Federation.

2.2. The employee is obliged:

– observe labor discipline and internal labor regulations;

– comply with established labor standards;

– comply with labor protection and occupational safety requirements;

– treat the property of the employer and other employees with care;

– 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;

– conscientiously perform the following job functions: (specify functions)

3. Rights and obligations of the Employer

3.1. The employer has the right:

– change and terminate the employment contract with the employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

– encourage the employee for conscientious, effective work;

– require the employee to fulfill his job duties and take care of the property of the employer and other employees, and comply with internal labor regulations;

– bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

3.2. The employer is obliged:

– comply with laws and other regulatory legal acts, local regulations, and the terms of this employment contract;

– provide the employee with the work stipulated by this agreement;

– ensure labor safety and conditions that meet occupational safety and health requirements;

– provide the employee with equipment, tools, technical documentation and other means necessary to perform job duties;

– pay the full amount of wages due to the employee within the time limits established by the Labor Code of the Russian Federation, internal labor regulations, and the employment contract;

– provide sanitary, medical and preventive services to the employee in accordance with labor protection requirements;

– carry out compulsory social insurance of the employee in the manner established by federal laws;

– to compensate for harm caused to the employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation and other regulatory legal acts;

– perform other duties provided for by the Labor Code of the Russian Federation, federal laws, and other regulatory legal acts containing labor law norms.

4. Characteristics of working conditions

4.1. Characteristics of working conditions: In accordance with the workplace certification card ((or with a special assessment of working conditions)) (the main characteristics of the work and the requirements for the level of their implementation are indicated: in an office building / on the street / at the employee’s home / at the enterprise, if a special assessment has been carried out, then the class of working conditions is also indicated),

4.2. Compensations and benefits for working in difficult, harmful and (or) dangerous conditions: (allowed in size_____ / not allowed)

4.3. Salary is paid: (5th and 20th of every month)

5. Work and rest schedule

5.1. Working hours: regular work schedule

5.2. Start of work (9:00), end of work (18:00),
break for rest and food from (13:00) to (14:00);
Weekend: (Saturday Sunday.);

5.3. The employee is entitled to annual leave in accordance with the vacation schedule:
main duration ___28____ calendar days;
additional duration (___) calendar days.

6. Social insurance

6.1. Conditions of social insurance directly related to the Employee’s work activity: all types of state social insurance and other insurance provided for by the collective agreement.

7. Remuneration

7.1. Employee remuneration conditions (amount of tariff rate or salary, additional payments, allowances, incentive payments)

8. Changes to the employment contract

8.1. The terms of this employment contract can only be changed by agreement of the parties and in writing;

8.2. Issues not regulated by this employment contract are regulated by the Labor Code of the Russian Federation and federal laws.

9. Entry into force of the employment contract

9.1. This employment contract is drawn up in 2 copies, each of which is signed by the parties. After registration in the prescribed manner in the department of labor relations and labor protection of the Committee for Social Protection of the Population and Youth Policy, one copy of the employment contract is given to the employee, the other is kept by the employer;

9.2. An employment contract comes into force on the day of its signing, unless otherwise provided by law or this employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer. If the employee does not start work on time without good reason within a week, the employment contract is canceled.

10. Other terms of the agreement

10.1. To the extent not provided for by this Agreement, the Parties are guided by laws, other regulatory legal acts and the Charter of the enterprise.

11. Data of the Parties

Employer:

(LLC, CJSC, OJSC, ...) " (Name of the organization)"

Address:

Mailing address: (111111, Moscow, PO Box 111)

TIN (611106562222)

account number (11102810700000000222)

(CJSC CB "Petrov Bank")

c/s (11101810100000000222)

BIC bank (226012222)

Phone (+79081112121)

email: ( [email protected]}

Signature__________

Worker:

(full name) (individual)

passport ID (1111 123456 issued by the Department of Internal Affairs of the BEAUTIFUL district of Izumrudny on December 12, 1911)

Address: (111111 Moscow, Stroiteley str. 11)

Signature__________

The government has released a model employment contract form.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT THE STANDARD FORM OF AN EMPLOYMENT CONTRACT,

CONCLUDED BETWEEN THE EMPLOYEE AND THE EMPLOYER - SUBJECT

SMALL ENTERPRISE, WHICH RELATES

TO MICROENTERPRISES

In accordance with Article 309.2 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.

2. The Ministry of Labor and Social Protection of the Russian Federation must provide explanations on the use of the standard form approved by this resolution.

3. This resolution comes into force on the date of entry into force of the Federal Law “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.”

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

STANDARD FORM

an employment contract concluded between an employee

and the employer - a small business entity,

which refers to micro-enterprises

_____________________________ "__" _____________ ____ G.

(place of imprisonment (city, (date of imprisonment)

locality)

(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 a person authorized to represent the employer

in labor relations)

acting on the basis ________________________________________________,

(the basis on which the representative

the employer is endowed with appropriate

powers - constituent documents

legal entity indicating the date of their

approvals, local regulations

(if available), power of attorney indicating by whom

and when issued, another)

on the one hand, and ________________________________________________________________,

(last name, first name, patronymic of the employee)

hereinafter referred to as an employee, on the other hand, hereinafter referred to as

The Parties, guided by the Labor Code of the Russian Federation (hereinafter -

Code), federal laws and other regulatory legal acts,

below.

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

terms of this employment contract.

2. An employee is hired:

(the place of work is indicated, and if the employee

accepted to work in a branch, representative office or other

a separate structural unit of the organization,

located in another area - place of work indicating

separate structural unit and its

location)

3. Additional conditions (filled in if necessary)

__________________________________________________________________________.

(indication of the location of the workplace, name of the structural

division, 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. Agreement is concluded with the employee (to be specified)

__________________________________________________________________________.

(employment contract for an indefinite period/fixed-term employment contract)

In case of concluding a fixed-term employment contract:

validity period of the employment contract _____________________________________;

(duration, end date

employment contract)

circumstances (reasons) that served as the basis for the conclusion

federal law (specify as required) ________________________________.

7. The employee has a _______________________________________________ test.

(installed/not installed)

The test period is determined by the duration of _________________

Months (weeks, days).

(to be completed when testing is established)

8. This employment contract is an agreement ______________________

_____________________________________________________ (specify as required).

(main job/part-time job)

9. The employee _____________________________________ special nature of the work

(has/does not have)

(specify if necessary) ______________________________________________.

(travelling, on the road, mobile, remote,

home-based, different type of work)

9.1. Terms of the employment contract related to the specifics of performance

remote work (to be filled out in the employment contract with remote

employee):

9.1.1. The work specified in paragraph 1 of this employment contract,

carried out:

a) by exchanging electronic documents ___________________________________;

b) using __________________________________________________;

(reinforced qualified electronic digital

signatures (digital signature)/digital signature is not used)

c) using (listed if necessary)

___________________________________________________________________________

(equipment, software and hardware, protective equipment

information, 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 property owned or leased by the employee

equipment, software and hardware, the Internet, other

funds specified in subparagraphs “c” and “d” of paragraph 9.1.1 are paid to him

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

work completed ______________________________________________________________.

(order of presentation, timing, frequency)

9.1.4. Deadline for confirmation of receipt of an electronic document from another

sides _____________________________________________.

9.1.5. Working hours and rest hours (specify as required)

___________________________________________________________________________

with the employer)

__________________________________________________________________________.

(the employee plans working hours and rest time

at your discretion)

9.1.6. Insurance certificate of compulsory pension insurance

(specify as required) _____________________________________________________.

(to be completed by the employer/employee entering

to work for the first time, gets it on his own)

9.1.7. The employer is obliged to familiarize the employee with the security requirements

labor when working with equipment and tools recommended or

provided by the employer (if equipment and facilities are provided

9.1.8. Information about remote work in the work book of the remote worker

employee ________________________________________________________________.

(included/not included)

9.1.9. When concluding an employment contract for the first time, a work book

employer ____________________________________________________________.

(issued/not issued)

9.1.10. Upon reaching an agreement to make an entry in the work book

the employee provides a work book to the employer _______________________

__________________________________________________________________________.

(in person/send it by registered mail with notification)

9.1.11. Additional conditions (to be filled in if necessary)

__________________________________________________________________________.

9.2. Terms of the employment contract related to the specifics of performance

home work (to be completed in the employment contract concluded with

homeworker):

9.2.1. The work specified in paragraph 1 of this employment contract,

carried out from materials and using tools and mechanisms

or other means (specify) ________________________________________________

__________________________________________________________________________.

(allocated by the employer/purchased by the employee

at your own expense/other)

9.2.2. For the homeworker’s use of his tools and mechanisms, he

compensation is paid for their wear and tear, as well as other expenses are reimbursed,

related to performing work at home (please specify):

__________________________________________________________________________.

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

9.2.3. The procedure and timing for providing the homeworker with raw materials, materials and

semi-finished products (specify if necessary)

__________________________________________________________________________.

9.2.4. The procedure and timing for transfer of work results (removal of finished

products) (specify if necessary) ___________________________________.

9.2.5. Payment for manufactured products, other payments (necessary

indicate) _________________________________________________________________.

9.2.6. Working hours (specify as required)

__________________________________________________________________________.

(duration of working hours per week, start and end of work,

work breaks, weekends, interaction time

with the employer)

9.2.7. Additional conditions (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) a workplace that complies with state regulations

labor protection requirements;

c) timely and full payment of wages, amount and

the conditions for obtaining which are determined by this employment contract, with

taking into account qualifications, complexity of work, quantity and quality of work performed

d) complete reliable information about working conditions and safety requirements

labor in the workplace;

e) compulsory social insurance in cases provided for

federal laws;

f) conducting collective negotiations and concluding a collective agreement

contracts, agreements, as well as information on the implementation of collective

contracts (if concluded), agreements (if concluded);

g) amendment and termination of this employment contract in the manner and on

conditions established by the Code and other federal laws;

h) protection of their labor rights, freedoms and legitimate interests by everyone

in ways prohibited by law;

i) compensation for damage caused to him in connection with the performance of labor

obligations and compensation for moral damage in the manner established

Code, other federal laws;

j) association, including the right to create trade unions and

joining them to protect their labor rights, freedoms and legal

interests;

k) rest provided by the establishment of a normal duration

working hours, reduced working hours for certain professions and

holidays, paid annual leave in accordance with labor

legislation and other normative legal acts containing norms

labor law, employment contract;

l) training and additional professional education in order,

established by the Code and other federal laws;

m) pre-trial settlement of disagreements regarding the fulfillment of conditions

of this employment contract, collective agreement (in the case

conclusion), 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

legislation of the Russian Federation;

o) other rights established by labor legislation and other

local regulations (if adopted), as well as those arising from

terms of the collective agreement (in case of conclusion), agreements (in case

conclusions);

p) other rights established by this employment contract

(to be filled in if necessary) __________________________________________.

11. The employee is obliged:

a) perform labor (official) duties according to 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 hours established

this employment contract, local regulations (in case

adoption), collective agreement (if concluded), agreements (in

case of imprisonment);

c) observe labor discipline;

d) comply with labor protection and safety requirements

e) undergo mandatory preliminary and periodic (within

labor activity) 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 property

g) immediately inform the employer or direct

to the manager about the occurrence of a situation that poses a threat to life and

health of people, safety of the employer’s property (including property

third parties located at the employer, if the employer bears

responsibility for the safety of this property);

h) perform other duties established by labor legislation

and other regulatory legal acts containing labor law norms,

collective agreement (if concluded), agreements (if

conclusions), local regulations (if adopted);

i) perform other duties established by this labor contract

agreement (filled in if 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

conditions established by the Code, other federal laws,

this employment contract;

b) require the employee to perform his job duties and

careful treatment of the employer’s property (including property

third parties located at the employer, if the employer bears

responsibility for the safety of this property), compliance with the rules

internal labor regulations (if adopted);

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, hereby

an employment contract, local regulations (if adopted), and

also arising from the terms of the collective agreement (if concluded),

agreements (if concluded).

13. The employer is obliged:

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

b) ensure safety and working conditions appropriate

state regulatory requirements for labor protection;

c) provide the employee with equipment, tools, technical

documentation and other means necessary for the performance of his labor

responsibilities (list if necessary)

__________________________________________________________________________;

d) provide personal funds at their own expense

protection, special shoes and other protective equipment, other means

(list if necessary) __________________________________________;

e) organize (if necessary) mandatory preliminary and

periodic (during working life) medical examinations, other

mandatory medical examinations, mandatory psychiatric

examinations, as well as referrals 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 requirements specified in subparagraph "d" of this paragraph

inspections (surveys) in accordance with the Code;

g) compensate for damage caused to the employee in connection with his performance

labor duties, as well as compensation for moral damage in the manner and on

conditions 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, providing instructions

on labor protection, on-the-job training and testing of knowledge of requirements

labor protection;

i) keep records of working hours actually worked by the employee, in

including overtime work and work on weekends and non-working holidays

j) pay the full amount of wages due to the employee

payment in the manner and within the terms established by this labor

agreement, as well as ensure an increase in the level of real content

wages;

k) notify in writing about the components of wages,

due to the employee for the relevant period, the amount of other amounts,

accrued to the employee, the amount and grounds for deductions made,

about the total amount of money to be paid;

m) process and ensure the protection of personal data

employee in accordance with the legislation of the Russian Federation;

m) perform other duties provided for by labor

legislation, including legislation on special assessment

working conditions, and other regulatory legal acts containing standards

labor law, 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 wages)

b) compensation payments (additional payments and allowances for compensation

character) (if any):

Name of payment Amount of payment Factor determining receipt of payment

(indicate, if available, information about all additional payments and allowances

of a compensatory nature, including for the performance of 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):

Name of paymentConditions for receiving paymentFrequencyAmount of payment

(indicate information about all incentive payments

in accordance with the current rules of this employer

remuneration systems (additional payments, incentive bonuses)

nature, incentive payments, including bonuses,

remuneration based on the results of work for 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

installed (please specify):

a) this employment contract ________________________________________________

___________________________________________________________________________

(increase in official salary (tariff rate), size

__________________________________________________________________________;

rewards for performance or other means)

b) a collective agreement, agreement (if concluded), local

normative 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, INN, BIC, beneficiary account)

17. Payment of wages to an employee is made _______________ times

per month (but not less than 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 days with two days off,

__________________________________________________________________________;

six-day with one day off, working week with provision

weekends on a rotating schedule, reduced working hours,

part-time work)

b) duration of daily work (shift) _________________ hours;

c) start time of work (shift) ________________________________________________;

d) end time of work (shift) _____________________________________;

e) time of breaks in work __________________________________________.

(for recreation and nutrition, technological,

other breaks)

19. The following features of the work regime are established for the employee

(to be filled in if necessary) _________________________________________________

(irregular working hours,

__________________________________________________________________________.

shift work mode indicating the beginning and end of work shifts,

summarized accounting of working time with accounting period

(specify the duration of the accounting period)

20. The employee is granted annual basic paid leave

lasting _______________________________________ calendar days.

21. The employee is provided with an annual additional paid

vacation (to be filled in if there are grounds):

for working under harmful and (or) dangerous working conditions

duration ____________ calendar days;

for work in the Far North and equivalent areas

(or other areas where the regional coefficient and percentage are established

salary supplement) lasting _________ calendar days;

for an irregular working day lasting __ calendar days;

other types of additional paid leave (specify when

necessary) _________________________________________________________________.

(in accordance with the legislation of the Russian Federation

or an employment contract)

22. Annual paid leave is provided to the employee annually (from

other federal laws) 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:

__________________________________________________________________________.

(specify, if necessary, the class (subclass) of working conditions

at the workplace, card number for special assessment of 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 supplies)

25. Employee (please specify) ____________________________________

(pass/fail

__________________________________________________________________________.

preliminary (upon admission to work) and periodic

mandatory medical examinations, mandatory psychiatric

examination, mandatory medical examinations at the beginning

working day (shift), as well as during and (or) at the end

working day (shift)

26. Personal protective equipment for the employee __________________________

__________________________________________________________________________.

(not provided/provided in accordance with

with standard standards, list)

VII. Social insurance and other guarantees

27. The employee is subject to compulsory pension insurance,

compulsory health insurance, compulsory social

insurance in case of temporary disability and in connection with

maternity, compulsory social insurance against accidents

at work 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 housing rental costs, rent payments

car, other)

__________________________________________________________________________.

(grounds for providing medical care to a temporary resident

in the Russian Federation to a foreign citizen

or stateless person)

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, other than those provided for

Code (to be completed 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

clause 30 of this employment contract on the grounds (if necessary

specify): _________________________________________________________________

__________________________________________________________________________.

(warning period, guarantees, compensation, etc.)

IX. Changing the terms of the employment contract

32. Changes in the terms of this labor agreement determined by the Parties

agreements and the dates for their entry into force are allowed only by agreement

Parties, except as provided by the Code. Agreement on

changes in the terms of this employment contract determined by the Parties

is in writing.

33. If the employer changes the terms of this employment contract

(except for changes in work function) for reasons related to

changes in organizational or technological working conditions, employer

is obliged to notify the employee about this in writing within the time frame specified

established by the Code.

X. Responsibility of the Parties to the employment contract

34. For failure to fulfill or violation of the terms of this employment contract

The parties bear responsibility in the manner and on the terms established

labor legislation and regulatory legal acts containing

labor law standards.

XI. Final provisions

35. To the extent not provided for in this employment contract, the employee

and the employer are guided directly by labor legislation and

regulatory legal acts containing labor law norms,

collective agreement (if concluded), agreement (if

conclusions).

36. This employment contract comes into force (specify as required) __

__________________________________________________________________________.

(from the day it is signed by both parties/other period established

Code, other federal laws, other regulatory

legal acts or employment contract)

37. This employment contract is concluded in two copies, having

equal legal force, which are stored: one - with the employee, the other -

at the employer.

38. Additional agreements on changing the terms of this labor contract

contracts are an integral part of it.

The employee is familiar with:

with a collective agreement (if concluded)

________________________________ __________________________________________

(employee signature) (date of review)

with the employer’s local regulations,

directly related to the employee’s work activity (in the case

acceptance list) _____________________________________________________

________________________________ __________________________________________

(employee signature) (date of review)

I give my consent to the employer’s processing of my personal data,

necessary for labor relations

________________________________ __________________________________________

(employee signature) (date)

Introductory training on labor protection has been completed:

Employee signature __________________________ Date "__" ____________________

Signature of the person

who conducted the briefing ____________________ Date "__" ____________________

Initial briefing on labor protection in accordance with paragraph 24

of this employment contract has been passed:

________________________________ __________________________________________

(employee signature) (date of review)

Signature of the person

who conducted the briefing ______________________ Date "__" __________________

Employer: Employee:

(full and abbreviated name (last name, first name, patronymic)

legal entity/surname, first name,

patronymic of the individual

entrepreneur)

Address of the legal entity in Residence address:

within its location/

place of residence of an individual

entrepreneur:

__________________________________ ________________________________________

Address of place of implementation Identification document

activities of a legal entity/personality:

individual entrepreneur:

__________________________________ ________________________________________

__________________________________ (type, series and number, issued by,

Date of issue)

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 2020: download form

From 2020, 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.

Employment contract,
concluded between an employee and an employer - a small entity
entrepreneurship, which refers to micro-enterprises

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

I. General provisions

1. The employer provides the employee with work: ______________________

and the employee undertakes to personally perform the specified work in accordance with the terms of this employment contract.

2. An employee is hired:

3. Additional conditions (filled in if necessary)

4. Labor (job) responsibilities are established (specify as necessary)

6. Agreement is concluded with the employee (to be specified)

In case of concluding a fixed-term 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)

indicate).

c) using (listed if necessary)

9.1.2. For the use of equipment owned or leased by the employee, software and hardware, the Internet, and other means specified in

9.1.3. The employee submits reports (information) to the employer about the work performed

9.1.5. Working hours and rest hours (specify as required)

9.1.6. Insurance certificate of compulsory pension insurance (to be specified)

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

9.1.10. Upon reaching an agreement to make an entry in the work book, the employee

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 from

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

9.2.3. The procedure and timing for providing homeworkers with raw materials, materials and semi-finished products

II. Rights and responsibilities of an employee

10. The employee has the right to:

a) provision of work stipulated by this employment contract;

b) a workplace that meets 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 performance of labor duties 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, the provision of weekly days off, non-working holidays, paid annual leave in accordance with labor legislation and other regulatory legal acts containing labor law norms, labor agreement;

l) 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;

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

p) other rights established by this employment contract (to be completed when

necessary)

11. The employee is obliged:

a) perform labor (official) duties in the position (profession or specialty) specified in paragraph 1 of 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

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)

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 “e” 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 of wages due to the employee in the manner and within the time limits 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 corresponding period, about the amounts of other amounts accrued to the employee, about the amounts and the grounds for 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 accepted);

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

b) compensation payments (additional payments and allowances of a compensatory nature) (if any):

(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);

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

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

V. Working time and rest time of the employee

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

19. The following features of the work mode are established for the employee (to be filled in when

20. The employee is granted annual basic paid leave

21. The employee is granted additional annual paid leave
(to be completed if necessary):

calendar days;

for work in the Far North and equivalent areas (or other
areas where the regional coefficient and percentage premium are established

other types of additional paid leave (specify if necessary)

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

VI. Occupational Safety and Health

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):

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):

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.

33. If the employer changes the terms of this employment contract (except for changes in the labor function) for reasons related to changes in organizational or technological working conditions, the employer is obliged to notify the employee in writing within the time limits established by the Code.

X. Responsibility of the Parties to the employment contract

34. For failure to fulfill or violation of the terms of this employment contract, the Parties are responsible in the manner and under the conditions established by labor legislation and regulations containing labor law norms.

XI. Final provisions

35. To the extent not provided for by this employment contract, the employee and the employer are guided directly by labor legislation and regulations containing labor law norms, a collective agreement (if concluded), an agreement (if concluded).

37. This employment contract is concluded in two copies having equal legal force, which are kept: one by the employee, the other by the employer.

38. Additional agreements on changing the terms of this employment contract are an integral part of it.

The employee is familiar with:

with a collective agreement (if concluded)

with the employer’s local regulations, directly

I give my consent to the employer’s processing of my personal data necessary
for labor relations

Initial briefing on labor protection in accordance with paragraph 24 of this
the employment contract has been passed:

Address of place of business legal entity/individual entrepreneur:		Identity document:
__________________________________________

		(type, series and number, issued by, date of issue)
An identification number taxpayer		Other documents submitted foreign citizens or persons stateless, with details
An identification number taxpayer


(signature of an authorized person)		Mandatory insurance certificate pension insurance


		(employee signature, date of review)

I received a copy of the employment contract:

The employment contract is terminated:

Termination date

Grounds for termination of the employment contract: clause
	Labor Code of the Russian Federation (clause	this employment contract).

Signature of the authorized person

Notes: 1. Subparagraph “b” of paragraph 10 and subparagraph “h” of paragraph 13 do not apply to remote
employees.

2. Clause 18 does not apply to remote workers and homeworkers.

3. Clauses 23-26 do not apply to remote workers.

4. Paragraph 27 applies to employees - foreign citizens with special features established by federal laws and international treaties of the Russian Federation.

5. For foreign citizens or stateless persons, the following information is indicated:

on a work permit or patent - when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation;

on a temporary residence permit in the Russian Federation - when concluding an employment contract with a foreign citizen or stateless person temporarily residing in the Russian Federation;

on a residence permit - when concluding an employment contract with a foreign citizen or stateless person permanently residing in the Russian Federation;