Model employment contract for micro-enterprises: changes. How to maintain personnel documents at a micro-enterprise, a model contract How to fill out a model contract for micro-enterprises correctly
Employment contract 2020 sample free download with an employee, IP form
10.02.2020
The concept of "Employment contract" and "Parties to an employment contract" is defined in Article 56 of the Labor Code of the Labor Code of Russia (Labor Code of the Russian Federation). Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force at this employer. The parties to an employment contract are the employer and the employee.
Download: employment contract form, sample, form
The Labor Code does not define a specific form or model of an employment contract. Legislatively, only a form for micro-enterprises is defined (since 01/01/2017).
Download form (sample):
Other options for downloading an employment contract (all in word, doc):
Forms are exemplary.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. The contracts of an individual entrepreneur (individual entrepreneur), organization (LLC, OJSC, etc.) with an employee are presented. Formsemployment contract with the director, accountant, seller, driver, see this .
Model form of employment contract for micro-enterprises
Standard form of employment contract for micro-enterprisesapproved by Government Decree Russian Federation dated August 27, 2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises",as amended by Decree of the Government of the Russian Federation of November 15, 2019 No. 1458 "On Amendments to Certain Acts of the Government of the Russian Federation".
The beginning of the document: 01/01/2017.
Start of action latest edition: 20.11.2019.
On changes in the form of TD in accordance with the resolutiondated November 15, 2019 No. 1458 (excerpt): In paragraphs 9.1.6 and 38 of the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises, approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2016, N 36, Art. 5414), the words "insurance certificate of compulsory pension insurance" shall be replaced by the words "insurance number of an individual personal account in the system of individual (personalized) accounting".
New on the topic
New from 02/10/2020: If an employee wants to have a paper work book and an electronic work book, then he does not need to submit two applications. This conclusion was made by the experts of the company "1C". Source: www.buh.ru
clarified whether the employer is obliged to compile or translate labor contract into the native language of the foreign worker.
New from 12/27/2019: Rostrud experts explained whether an organization can conclude a preliminary labor contract that would oblige the parties to conclude a main labor contract in the future (Excerpt: labor legislation does not provide for the conclusion of a preliminary labor contract. Labor relations should be formalized only by an employment contract).
New from 04/04/2019: The Ministry of Labor of the Russian Federation, in a letter dated 03/07/2019 No. 14-2 / V-139, informs that the employer can dismiss the employee after the expiration of the employment contract, even during the period the employee is on vacation or during a period of temporary disability.
New from 12/28/2018: The Ministry of Labor in a letter dated November 12, 2018 No. 14-1 / OOG-8602 informs that the payment of wages ahead of schedule does not violate the rights of workers.
New from 12/14/2018: E Rostrud experts report thatonly a court can recognize a fixed-term employment contract as indefinitea fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (part 5 of article 58 of the Labor Code of the Russian Federation).
New from 12/14/2018: Omsk regionalthe court in the appeal ruling dated June 27, 2018 in case No. 33-4045 / 2018 allowed employers not to index the wages of employees (with regular payment of bonuses, etc.).
New from 12/06/2018: Rostrud experts explain that reduce wages temporarily probationary period not possible, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.
New from 10/30/2018: Rostrud experts in the report of Rostrud with guidance on compliance denia mandatory requirements The legal acts for the III quarter of 2018 explain and inform:
When it is possible to extend the term of the employment contract with the help of an additional agreement;
When the employment contract includes the conditions for granting leave;
The position in the employment contract does not always have to correspond to qualification directories.
New from 07/31/2018: The Government of Russia in Decree No. 873 dated 07/26/2018 amended the standard form of an employment contract with the head of a state (municipal) institution.
New from 3/30/2018: MIntruder of the Russian Federation, in a letter dated March 21, 2018 No. 14-2 / V-191, clarifies whether the numbering of employment contracts is mandatory in commercial organization, and what numbering system can be used.
New from 03/19/2018: The Ministry of Labor of the Russian Federation, in a letter dated 03/05/2018 No. 14-2 / V-148, clarified how the personnel registration of employees involved in work for which various restrictions are defined by laws is carried out.
New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru
New from 10/31/2017: The Ministry of Labor of Russia, in a letter dated 10/18/2017 No. 14-2 / V-935, clarifies the procedure for recovering from the employee the amounts spent on his training in the event of early termination of the employment contract.Excerpt: "Upon dismissal without good reasons before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training.
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2 / V-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to be employed in competing companies (the Employer does not has the right to restrict the employment of former employees).
New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 10/18/2017 N 14-2 / V-935, clarifies how the termination of an employment contract concluded with a temporary worker is carried out while the main employee is on sick leave (when the term for terminating the employment contract is determined by the date on the sick leave).
New from 08/02/2017:
According to Rostrudfor the absence mandatory conditions in an employment contractarticle 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message of Rostrud.
New from 07/13/2017:
The Ministry of Labor of Russia, in a letter dated June 30, 2017 No. 14-1 / V-591, explained which clauses a microenterprise can exclude from a standard employment contract. More on this one.
Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Decree of August 27, 2016 No. 858 approved type form employment contract including various options completion of individual terms and conditions. A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting State Council on the development of small and medium-sized businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph "b") and in order to implement Federal Law No. 348-FZ dated July 3, 2016 "On introducing amendments to the Labor Code of the Russian Federation in terms of the specifics of labor regulation of persons working for employers - small businesses that are classified as micro-enterprises" (hereinafter - Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer - a small business entity, which is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on wages, shift schedules, and others). However, the terms and conditions which, in accordance with Labor Code are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual provisions and conditions. This will provide flexibility in regulation. labor relations taking into account the specifics of the activities of a particular employer.
The standard form of the contract includes special conditions that apply to remote and home workers, which are not used in other cases.
A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as micro-enterprises.
The employment contract specifies:
surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - individual) who have entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs - individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code, other federal laws with the performance of work in certain positions, professions, specialties, the provision of compensations and benefits or the presence of restrictions is associated, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the amount tariff rate or salary (official salary) of an employee, additional payments, allowances and incentive payments);
working time and rest time (if for this employee it is different from general rules operating for this employer);
guarantees and compensations for work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If at the conclusion of the employment contract it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties concluded in writing which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Employment contracts may be concluded:
1) for an indefinite period;
2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws. For more details, see Article 58 of the Labor Code of the Russian Federation
concept Fixed-term employment contract introduced in Article 59 of the Labor Code of the Russian Federation.
According to article 60 of the Labor Code of the Russian Federation Prohibition to demand the performance of work not stipulated by the employment contract, except as provided for by this Code and other federal laws.
Article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
The employee has the right to conclude employment contracts on the performance of other regular paid work with the same employer during his free time from his main job ( internal combination) and (or) from another employer (external part-time job). Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.
Article 60.2. The Labor Code of the Russian Federation refers to: Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract
Article 61 of the Labor Code of the Russian Federation defines:Entry into force of the employment contract
An employment contract shall enter into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his employer. authorized representative.
The employee is obliged to start performing labor duties from the day specified in the employment contract.
If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract.
If the employee did not start work on the day of commencement of work, established in accordance with the second or third part of this article, the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive mandatory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation.
Below on the page is a sample form of an employment contract for micro-enterprises, valid in 2020.
Approved in 2017 standard form of a standard employment contract for micro-enterprises, which is also valid now, in 2020, is designed to simplify the relationship between the employer and employees of the enterprise.
According to the legislation of the Russian Federation, micro-enterprises are allowed to simplify personnel records: since 2017, a micro-enterprise may not develop local regulations (regulations on remuneration, labor regulations, regulations on bonuses, etc.). However, it is imperative that labor contract, which includes the conditions that would be contained in the missing local acts. The Government of the Russian Federation adopted, which contains sample standard contract form for micro-enterprises.
According to small businesses since the beginning of 2017. can (but not required) abandon the development (in general or in part) of local regulations, and include the necessary information in employment contracts with employees drawn up on the basis of model employment contract forms for micro-enterprises approved by Decree No. 858.
According to micro-enterprises, they can reduce the volume of the standard form of an employment contract, namely:
- exclude clauses of the contract that do not relate to the activities of the company;
- delete the paragraphs that are contained in the notes of the standard form of employment contract for micro-enterprises.
It is necessary to fill out an employment contract drawn up according to the standard form, like all employment contracts, in two copies: for the employer and for the employee. The contract must reflect the items related to the peculiarities of the nature of the employee’s work, as well as to the specifics of the organization’s activities. Employment contract drawn up micro-enterprise uniform signed by both parties and indicates the existence of a contractual employment relationship.
If employment contracts were previously drawn up with existing employees on the basis of the norms of the Labor Code of the Russian Federation, then they do not need to be renegotiated - just make changes (if necessary).
If the organization does not conclude employment contracts with employees when hiring, then it, according to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation can be fined. In case of evasion, incorrect execution of an employment contract or the conclusion of a GPC agreement (with existing labor relations) for an organization and its officials administrative penalty will be imposed:
- for officials 10-20 thousand rubles;
- for individual entrepreneurs - 5-10 thousand rubles;
- for companies - 50-100 thousand rubles.
Below you can find the following documents:
DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION dated August 27, 2016 N 858 (-show-)
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated August 27, 2016 N 858
ON THE STANDARD FORM OF AN EMPLOYMENT CONTRACT BETWEEN AN EMPLOYEE AND AN EMPLOYER - A SMALL BUSINESS SUBJECT THAT RELATES TO MICRO-ENTERPRISES
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 belongs to micro-enterprises.
2. Ministry of Labor and social protection Russian Federation to give explanations on the application of the standard form approved by this resolution.
3. This Decree comes into force from the date of entry into force of the Federal Law "On Amendments to the Labor Code of the Russian Federation with regard to the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises."
Prime Minister
Russian Federation
D. MEDVEDEV
APPROVED
Government Decree
Russian Federation
dated August 27, 2016 N 858
HTML text of Decree of the Government of the Russian Federation No. 858 of August 27, 2016
FEDERAL LAW dated 03.07.2016 N 348-FZ (-show-)
THE RUSSIAN FEDERATION
THE FEDERAL LAW
ON INTRODUCING AMENDMENTS TO THE LABOR CODE OF THE RUSSIAN FEDERATION IN PART OF THE SPECIFICS OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL BUSINESS ENTITIES, RELATED TO MICRO-ENTERPRISES
Article 1
"Chapter 48.1. Features of the regulation of labor of persons working for employers - small businesses that are classified as micro-enterprises
Article 309.1. General provisions
Employers - small businesses (including employers - individual entrepreneurs), which, in accordance with federal law, are classified as micro-enterprises (hereinafter referred to as employers - small businesses that are classified as micro-enterprises), the regulation of labor relations and other relations directly related to them is carried out taking into account the specifics established by this chapter.
If the employer has ceased to be a small business entity, which is classified as a micro-enterprise, and relevant changes have been made to the information about him in the unified register of small and medium-sized businesses, no later than four months from the date of the relevant changes in single register subjects of small and medium-sized businesses, the regulation of labor relations and other directly related relations with a given employer must be carried out in accordance with labor legislation and other regulatory legal acts containing labor law norms, without taking into account the specifics established by this chapter.
Article 309.2. Regulation of labor relations and other directly related relations with the employer - a small business entity, which is classified as a micro-enterprise, by local regulations containing labor law norms, and employment contracts
The employer - a small business entity, which is classified as a micro-enterprise, has the right to refuse, in whole or in part, from the adoption of local regulations containing labor law norms (internal labor regulations, regulation on remuneration, regulation on bonuses, shift schedule and others). At the same time, in order to regulate labor relations and other relations directly related to them, an employer - a small business entity, which is classified as a micro-enterprise, must include in labor contracts with employees conditions regulating issues that, in accordance with labor legislation and other regulatory legal acts containing norms labor law, should be regulated by local regulations. These employment contracts are concluded on the basis of a standard form of an employment contract approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
Article 2
This Federal Law shall enter into force one hundred and eighty days after the day of its official publication.
The president
Russian Federation
V. PUTIN
HTML text of Federal Law No. 348-FZ of July 3, 2016
prepared by https://website and verified by the Official Internet Portal of Legal Information www.pravo.gov.ru
LETTER OF THE MINISTRY OF LABOR OF THE RUSSIAN FEDERATION dated June 30, 2017 No. 14-1 / V-591 (-show-)
LETTER No. 14-1/B-591 dated June 30, 2017 from the Ministry of Labor of the Russian Federation
Question: Is a micro-enterprise, which refused to adopt local regulations containing labor law norms, entitled to amend the standard form of an employment contract, in particular, remove certain clauses that are not applicable to a particular employee?
Answer:
MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
LETTER No. 14-1/B-591 dated June 30, 2017
The Department of Remuneration, Labor Relations and Social Partnership of the Ministry of Labor and Social Protection of the Russian Federation considered the appeal within its competence and informs.
In accordance with the Regulations on the Ministry of Labor and Social Protection of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 N 610, the Ministry of Labor of Russia provides clarifications on issues within the competence of the Ministry, and in cases stipulated by the legislation of the Russian Federation.
The opinion of the Ministry of Labor of Russia on the issues contained in the appeal is not an explanation and a regulatory legal act.
On January 1, 2017, amendments to the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) came into force in terms of the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises.
Article 309.2 of the Labor Code of the Russian Federation establishes that employers - small businesses that are classified as micro-enterprises, have the right to refuse, in whole or in part, from the adoption of local regulations containing labor law norms (internal labor regulations, regulation on remuneration, provision on bonuses, etc.) .
At the same time, such employers are obliged to include the conditions governing issues that, in accordance with the Labor Code of the Russian Federation, are regulated by local regulations, in employment contracts.
Such contracts are concluded on the basis of a standard form, which was approved by Decree of the Government of the Russian Federation of August 27, 2016 N 858, which entered into force on January 1, 2017.
The notes to the Model Agreement also indicate which clauses apply (do not apply) to certain categories of employees.
We believe that when concluding an employment contract with employees of small businesses classified as micro-enterprises, the employer can exclude from the employment contract the items that are not provided for due to the nature of the work, as well as the items specified in the notes to the standard contract. 
Starting from January 1, 2017, micro-enterprises have been able to significantly simplify the workflow related to employees. To do this, it is necessary to fulfill the condition - to conclude a standard employment contract with each employee, but this prospect is not open to everyone - the employer must meet certain categories of representatives of small and medium-sized businesses. Let's take a look at a sample employment contract for micro-enterprises and find out how the agreement is drafted.
Innovations regarding the conclusion of a standard labor contract by micro-enterprises
To date, employers classified as micro-enterprises have the right to base relations with employees on the provisions of Chapter 48.1 of Article 309.2 of the Labor Code.
This suggests that a small business entity has the opportunity to legal grounds partially or completely abandon the development of local regulations, which should include such things as the shift schedule, the regulation on the payment of salaries and bonuses, internal regulations and other aspects labor activity. Instead, now you can discuss all of the above points directly in the employment contract with the employee.
Sample Employment Contract for Micro Enterprises: Format Requirements
Today, in the standard form of an employment agreement between employees and micro-enterprises, most of the conditions for the implementation of labor activity are present, which previously had to be included in the text of local regulations.
A standard contract concluded between a micro-enterprise employer and an employee must contain eleven mandatory sections:
- about general conditions implementation of labor duties;
- about the rights of the employee and his obligations to the employer;
- about the rights and duties of the head;
- on the conditions and amounts of remuneration;
- about periods of work and rest;
- on labor protection of employees;
- about guarantees to workers, including social insurance;
- on other significant issues related to labor activity in the company;
- on changes to the terms of the contract in the future;
- about the measures of responsibility of the parties to the contract;
- about the final moments.
The inclusion in the terms of the employment contract of the provisions that were previously prescribed in the internal regulations of micro-enterprises, allows representatives of small and medium-sized businesses to improve the terms of agreements with employees, taking into account the specifics of the company's activities.
Innovations do not imply the emergence of the right for a micro-enterprise to worsen the situation of employees - the conditions for concluding an agreement, as before, must take into account all the requirements of the Labor Code regarding the protection and labor protection of subordinates.
Model Employment Contract for Micro-Enterprises: Transition to a New Form of Employment Contract
The features of the transition to standard contracts with employees relate to situations where the agreements were signed before the innovations entered into force - then labor contracts will need to be concluded again. However, the difficulty lies in the fact that labor legislation prescribes, at the end of the employment relationship, to draw up a full payment settlement with the employee on the day of dismissal. There are no special rules that would regulate the procedure for renegotiating agreements in the Labor Code of the Russian Federation.
And in such a situation, it would be most convenient to conclude not a new employment contract, but an additional agreement to existing contracts. In order to avoid difficulties, it makes sense to consider these additional agreements as an employment contract developed specifically for micro-enterprises and corresponding to the standard form of the agreement.
If the company ceases to be considered as a micro-enterprise, the law allows the approval of internal regulations and the conclusion of labor contracts (additional agreements) anew within the next 4 months after the loss of status.
Sample employment contract for micro-enterprises
Legislative acts on the topic
Common Mistakes
Error: The micro-enterprise has lost its status, and the employer has not approved local regulations.
According to the Decree of the Government of the Russian Federation of 04.04.2016 No. 265 and art. 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”, organizations and individual entrepreneurs with an annual revenue or book value of assets of no more than 120 million rubles are considered micro-enterprises. The number of employees working in such companies should not exceed 15 people.
Why do we need a standard form of an employment contract in 2020?
From the beginning of 2017, do not use local regulations containing labor law norms in your work. The conditions specified in these documents, the employer must prescribe in a standard form of an employment contract with an employee for micro-enterprises (a standard form of an employment contract with an employee is presented in GD No. 858 of 08/27/2016). Information about this is enshrined in the Federal Law of July 3, 2016 No. 348-FZ.
The types of employment contracts in this case, in terms of duration, can be both concluded for an indefinite period and fixed-term (for example, concluded for a period of not more than five years, unless another period is established by Federal Laws). But, as a rule, most often contracts with employees are signed for an indefinite period.
Employers want to know what rules employment contracts should be drawn up in 2020 (a sample document is presented in the next section). We inform you that the contract, which will specify all the conditions of the working relationship, must be drawn up on the basis of a special form. This will provide flexibility in the regulation of relations between the employee and the employer, taking into account the scope of the organization. Also, an employment contract for micro-enterprises from 2020 (a sample filling can be downloaded at the end of the article) should take into account various features related to the employee's profession. An employment contract (form) may contain:
- an employment contract with an individual (sample) must contain information about the working conditions of the employee;
- time of work and rest;
- conditions of social insurance;
- a standard form of an employment contract with an employee should also include data on the procedure for making payments and bonuses;
- job-related information remote employees, etc.
A standard employment contract with an employee (a sample 2020 can be downloaded for free in our article) contains the rights and obligations of an employee (for example, free professional education or passing the confirmation of the qualification of the employee at the expense of the enterprise). If, when filling out a new employment contract for micro-enterprises, it is not required to fill in individual clauses (for example, due to the nature of the work), then such clauses can be excluded from the contract (Letter of the Ministry of Labor dated 30.06.2017 No. 14-1/B-591).
Also, a standard employment contract (sample 2020) must contain the obligations of the employer.
It is expected that this measure will help to increase the level of protection of the rights of employees working in small companies.
A sample of filling out a new employment contract from 2020
We will provide a sample employment contract with an employee (2020).
If you are interested in where you can download a standard employment contract, we will answer: an employment contract (sample 2020) can be downloaded for free on our website.
Approved
Decree of the Government of the Russian Federation
Labor contract,
concluded between the employee and the employer - the subject of small
entrepreneurship, which refers to micro-enterprises
G....... (place of detention (city, town)) .... (date of detention)
..........................(full name of employer)
hereinafter referred to as the employer, represented by .......................(information about the representative of the employer - last name, first name, patronymic, position of the person authorized to represent the employer in labor relations)
acting on the basis..................... ,(the basis by virtue of which the representative of the employer is endowed with the appropriate authority - constituent documents legal entity indicating the date of their approval, local regulations (if any), power of attorney indicating by whom and when issued, other)
on the one hand, and, ...............(last name, first name, patronymic of the employee)
hereinafter referred to as the employee, on the other hand, hereinafter referred to as the Parties, guided by the Labor Code of the Russian Federation (hereinafter referred to as the Code), federal laws and other regulatory legal acts containing labor law norms, have concluded this employment contract as follows.
I. General provisions
1. The employer provides the employee with work: ............(name of position, profession or specialty, indicating qualifications), and the employee undertakes to personally perform the specified work in accordance with the terms of this employment contract.
2. The employee is hired: ....................(the place of work is indicated, and if the employee is hired to work in a branch, representative office or other separate structural unit
organization located in another locality - place of work indicating a separate structural unit and its location)
3. Additional terms(to be filled in if necessary) ...............(indication of the location of the workplace, the name of the structural unit, site, laboratory, workshop, etc.)
4. Labor (official) duties are established (please specify) ....................(in this employment contract (subparagraph "a" of paragraph 11) / in the job description)
5. The employee starts work with "....." ..................
6. With the employee is (required to specify) ..................(employment contract for an indefinite period / fixed-term employment contract)
In the event of a fixed-term employment contract:
duration of the employment contract.(duration, date of termination of the 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 (must be specified)
7. Employee test ...............................(installed/not installed)
The test period is established by the duration of ............... months (weeks, days)(to be filled in when setting the test)
8. This employment contract is a contract .......................... (required(on the main job / part-time) specify).
9. The worker is the special nature of the work................. (specify if necessary)(has / does not have) (traveling, on the road, mobile, remote, home-based, other nature of work)
9.1. Conditions of the employment contract related to the peculiarities of remote work (to be completed in the employment contract with a remote worker):
9.1.1 The work specified in paragraph 1 of this employment contract is carried out:
a) by exchanging electronic documents(Not really)
b) using ...................(enhanced qualified electronic digital signature(EDS)/not used EDS)
c) using (listed if necessary) ..............(equipment, software and hardware, information security tools, other means);................. (provided by the employer (procedure and terms of provision) / owned by the employee / rented by the employee)
d) using (required to specify) ................(information and telecommunications network "Internet", other information and telecommunications network of public use, other)
9.1.2. For the use of equipment belonging to the employee or rented by him, software and hardware, the Internet, other means specified in subparagraphs "c" and "d"of paragraph 9.1.1, compensation shall be paid to him..................(amount, order and terms of payment)other expenses related to the performance of remote work are reimbursed.(reimbursement procedure)
9.1.3. The employee submits reports (information) on the work performed to the employer.(order of presentation, timing, frequency)
9.1.4. Receive confirmation time electronic document from the other side..............
9.1.5. Mode of working hours and rest time (required to be specified) ..............................(duration of working hours per week, beginning and end of work, breaks in work, days off, time of interaction with the employer) (the employee plans the working hours and rest time at his own discretion)
9.1.6. Insurance certificate of obligatory pension insurance (required) ..............................(issued by the employer/employee entering the job for the first time, receives independently)
9.1.7. The employer is obliged to familiarize the employee with the labor protection requirements when working with equipment and means recommended or provided by the employer (if the equipment and means are provided or recommended).
9.1.8. Information about remote work work book telecommuter ..............(included / not included)
9.1.9. When concluding an employment contract for the first time, a work book by the employer ..................................(formed / not issued)
9.1.10. Upon reaching an agreement on making an entry in the work book, the employeesubmits a work book to the employer ..........(personally / send it by mail by registered mail with notice)
9.1.11. Additional terms
9.2. Conditions of the employment contract related to the specifics of performance home work(to be completed in the employment contract concluded with the homeworker):
9.2.1. The work specified in paragraph 1 of this employment contract is carried out from theriyals and using tools and mechanisms or other means (specify) ...............(allocated by the employer/acquired by the employee at his own expense/other)
9.2.2. For the use by a homeworker of his tools and mechanisms, he is paid compensation for their wear and tear, as well as other expenses associated with the performance of work.at home (please specify):
................... (order, amount and terms of compensation, reimbursement of expenses)
9.2.3. The procedure and terms for providing the homeworker with raw materials, materials and semi-finished products .................. (withneed to be specified).
9.2.4. The procedure and terms for the transfer of the results of work (export finished products)............... (if necessaryto be specified).
9.2.5. Payment for manufactured products, other payments ............................... (must be specified)
9.2.6. Working hours ............................... (must be specified)(duration of working hours per week, start and end of work, time of work breaks, days off, time of interaction with the employer)
9.2.7. Additional Terms.............. (to be filled in if necessary)
II. Rights and obligations of an employee
10. The employee has the right to:
a) provision of work stipulated by this employment contract;
b) workplace, corresponding to the state regulatory requirements for labor protection;
c) timely and in full payment of wages, the amount and conditions of receipt of which are determined by this employment contract, taking into account the qualifications, complexity of work, the quantity and quality of the work performed;
d) full reliable information about working conditions and labor protection requirements at the workplace;
e) compulsory social insurance in cases stipulated by federal laws;
f) conducting collective negotiations and concluding a collective agreement, agreements, as well as information on the implementation of a collective agreement (in case of conclusion), agreements (in case of conclusion);
g) change and termination of this employment contract in the manner and on the terms established by the Code, other federal laws;
h) protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
i) compensation for harm caused to him in connection with the performance of labor duties and compensation for moral damage in the manner prescribed by the Code, 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 public holidays paid annual leave in accordance with labor legislation and other normative legal acts containing labor law norms, an employment contract;
l) training and additional professional education in the manner prescribed by the Code, other federal laws;
m) pre-trial settlement disagreements on the fulfillment 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 their personal data in accordance with the requirements of the legislation of the Russian Federation;
o) other rights established by labor legislation and other regulatory legal acts containing labor law norms, local regulations (if 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 if required)bridges),
11. The employee is obliged:
a) perform labor (official) duties in the position (profession or specialty) specified in paragraph 1 of this employment contract:(specify labor (official) duties, if they are established by this employment contract)
b) observe the regime of working time and rest time established by this employment contract, local regulations (if adopted), collective agreement (if concluded), agreements (if concluded);
c) observe labor discipline;
d) comply with the requirements for labor protection and ensuring labor safety;
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) take care of the property of the employer (including the property of third parties held by 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 property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property);
h) perform 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 (fills inif necessary)
III. Rights and obligations of the employer
12. The employer has the right:
a) amend and terminate this employment contract in the manner and on the terms established by the Code, other federal laws, this employment contract;
b) require the employee to fulfill his labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), compliance with the internal labor regulations (if adopted);
c) encourage the employee for conscientious efficient work;
d) involve the employee in disciplinary and liability in the manner prescribed by the Code, other federal laws;
e) to other rights established by labor legislation and other regulatory legal acts containing labor law norms, this labor contract, local regulations (if adopted), as well as arising from the terms of the collective agreement (if concluded), agreements (if conclusions).
13. The employer is obliged:
a) to provide the work provided for by 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 for the performance of his labor duties (if necessary, list)
d) provide at the expense own funds personal protective equipment, special footwear and other protective equipment, other means (list if necessary)
e) organize (if necessary) mandatory preliminary and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations, as well as send for extraordinary medical examinations in cases provided for by the Code, at their own expense;
e) keep for the employee average earnings for the period of passing the mandatory medical examinations (examinations) specified in subparagraph "e" of this paragraph in accordance with the Code;
g) compensate for harm caused to the employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the 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, conduct labor protection briefings, on-the-job training and testing knowledge of labor protection requirements;
i) keep records of the working time actually worked by the employee, including overtime work and work on weekends and non-working holidays;
j) to pay in full the wages due to the employee in accordance with the procedureand within the time limits established by this employment contract, as well as to ensure an increase in the level of the real content of wages;
k) notify in writing about constituent parts wages due to the employee for the relevant period, on the amounts of other amounts accrued to the employee, on the amountsand on the grounds for the deductions made, on the total amount of money to be paid;
l) to process and ensure the protection of the employee's personal data in accordance with the legislation of the Russian Federation;
m) perform other duties stipulated by labor legislation, including legislation on a special assessment of working conditions, and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements (if concluded), local regulations (if adopted);
n) perform other duties (to be filled in if necessary)
IV. Employee wages
14. The salary is set for the employee:
a) ............... (official salary / piecework wages (specify rates) or other wages)
b) compensation payments(surcharges and allowances of a compensatory nature) (if any):
(indicate, if available, information on 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 allowances of an incentive nature, bonuses and other incentive payments) (if any):
(indicate information about all incentive payments in accordance with the remuneration systems in force at this employer (additional payments, bonuses of an incentive nature, incentive payments, including bonuses, remuneration based on the results of work for the year, for length of service, other payments);
d) other payments (to be filled in if necessary) ..............................
15. The procedure for increasing the level of the real content of wages is established (must be specified):
a) this employment contract(increasing the official salary (tariff rate), the amount of remuneration for the results of work or in another way)
b) collective agreement, agreement (if concluded), local normative act(if accepted) (required to be specified).
16. Wages are paid ..............................(at the place of work / transferred to credit organization- details: name, correspondent account, TIN, BIC, beneficiary's account)
17. Payment of wages to an employee is made once a month (but not less thanthan every half a month) on the following days: ..............................(indicate specific days of payment of wages)
V. Working hours and rest time of the employee
18. The following working hours are established for the employee:
a) the length of the working week(five days with two days off, six days with one day off, work week with the provision of days off on a staggered schedule, abbreviated work time, 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 rest and meals, technological, other breaks)
19. The following features of the mode of work are established for the employee (to be filled in when notnecessities) ..............(non-standard working day, shift work with indication of the beginning and end of work shifts, summarized accounting of working hours with the accounting period (indicate the duration of the accounting period)
20. The employee is provided with an annual basic paid leave for a long timestu............ calendar days.
21. The employee is granted additional annual paid leave (filled in if there are grounds):
for work with harmful and (or) dangerous working conditions for a duration of ...........calendar days;
for work in the regions of the Far North and areas equated to them (or other areas where a regional coefficient and a percentage bonus to wages) continueduration ................ calendar days;
for an irregular working day lasting ............... calendar days;
other types of additional paid leave (specify if necessary) ..............................(in accordance with the legislation of the Russian Federation or an employment contract)
22. Annual paid leave is provided to the employee annually (subject to guarantees for certain categories of employees provided for by the Code and other federal lawsmi) in accordance with ..............(vacation schedule for the relevant year / written agreement between the parties)
VI. Occupational Safety and Health
23. The following working conditions are established at the employee's workplace: ...............(indicate, if necessary, the class (subclass) of working conditions at the workplace, card number special evaluation working conditions)
24. Initial briefing with the employee ...............(carried out / not carried out, since the work is not related to maintenance, testing, adjustment and repair of equipment, use of tools, storage and use of raw materials and materials)
25. Employee (must be specified) ..................(passes / does not pass preliminary (when applying for a job) and periodic mandatory medical examinations, mandatory psychiatric examination, mandatory medical examinations at the beginning of the working day (shift), as well as during and (or) at the end of the working day (shift)
26. Personal protective equipment for the employee ...............(not provided/provided in accordance with model regulations, list)
VII. Social insurance and other guarantees
27. An 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 any): ..................(reimbursement of expenses for moving from another area, payment for tuition, provision or reimbursement of expenses for renting housing, payment for car rental, other) .............. medical care foreign citizen or stateless person temporarily staying in the Russian Federation)
29. Other guarantees provided to the employee ....................,(to be filled in if available)
VIII. Other terms of the employment contract
30. Grounds for termination of the employment contract, in addition to those provided for by the Code (to be filled in if necessary for remote workers, homeworkers and workers working for a natural person - an individual entrepreneur): ...............................
31. The procedure and conditions for terminating the employment contract as specified in paragraph 30 of this
of the employment contract on the grounds (specify if necessary): ..............................(warning period, guarantees, compensations, other)
IX. Changing the terms of the employment contract
32. Changing the terms of this employment contract determined by the Parties and the terms of their entry into force is allowed 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.
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