Employment contract and legal regulations
It is important to understand that the employer and the employee conclude a fundamental legal document regulating professional relations. It is in the contract that the employer’s obligation to provide the performer with the scope of professional functions according to the specialty, the creation of working conditions that meet the requirements of the law, is officially fixed.
Also important are the points about the timeliness and amount of the salary paid by the employer. However, the contract also establishes the obligations of the employee regarding the performance of his functions, the degree of control by the employer in the course of their performance, compliance with discipline and internal regulations. It can be seen that the contract fixes and regulates important issues of the labor process.
For most citizens, professional relationships become the basis of life, which is why the document in which they are fixed, its scrupulous analysis, is so fundamental.
An employment contract is a field of compromises between opposing interests. After all, the employer’s desire is to hire an efficient working unit at minimal cost. And the interest of the performer is to get the maximum income from their efforts.
Verification of an employment contract is a crucial step in reaching a consensus between the parties. An employee may not have a legal qualification in search of” pitfalls”, and the employer may get too competent a specialist, and then the slightest misunderstanding in the implementation of the contract will cause negative legal consequences.
Online verification of the employment contract (Rostrud). The act of analysis
Currently, there is an easy way to verify the contract. Since 2016, the Rostrud website has an online service available to anyone. A primary expert cross-section in the format of a questionnaire will not take much time. Of course, experts have complaints about the system, it can not be compared with the advice of a competent lawyer. But it can give a primary idea of the position of the person who has applied.
Here are the options for action at the discretion of the user:
- Appointment with a professional lawyer;
- Write an application to the Labor Disputes Commission;
- Submit a statement of claim to the court.
Essential details of the employment contract
In the 57th article of the Labor Code of the Russian Federation, mandatory compliance with the form of the contract is fixed. Among the essential details of the parties the law has fixed:
- The full name of the employee and the full name of the employer (if the employer is an organization, then its name is indicated);
- Data on documents that prove the identity of not only the employee, but also the employer (for the employer, this applies if he is an individual);
- Indication of the taxpayer numbers of the parties to the contract (not applicable if the employer is a natural person);
- If the employer has a representative, the details of the authorizing document are indicated, but only if the representative has signed the contract;
- The locality and the date of the agreement.
This is key information about the parties to the contract and the main circumstances of its signing. All this information is very important when determining the status of persons, for example, in meetings of the Labor Dispute Commission.
The terms of the employment contract that are mandatory
The law establishes the following points:
- Location of work and workplace;
- The name of the position of the performer, what is the name of the profession, the designation of the specialty and its qualification, the specific type of work;
- The start date of the work, and if the contract is urgent, the term of the contract is also indicated;
- Operating mode;
- Rewards for working in harmful and (or) dangerous conditions (when an employee starts working in such conditions, it is necessary to indicate their characteristics);
- Feature of the work, if necessary (mobile, traveling, on the road, other characteristics of the work);
- Working conditions;
- Availability of mandatory social insurance of the performer.
This list is inconclusive. It should also be borne in mind that the mandatory presence of these requirements in the contract is not always observed, but this is not a reason for declaring it null and void, especially its termination.
These conditions guarantee a basic level of protection of the interests of the parties, and if the verification of the employment contract reveals their complete or partial absence, the law will oblige to add the missing information directly to the text of the document, and the conditions by issuing a separate written agreement signed by the parties.
Optional terms of the employment agreement (but may become mandatory)
The parties have the opportunity and the right to include additional terms in the text of the agreement. However, it should be understood that this is possible with some reservations – additional clauses in the text of the contract can not complicate or in any way worsen the situation of the employee in comparison with those norms that are prescribed in the Labor Code of the Russian Federation, contained in the text of the collective agreement or other local standards.
What you can specify:
- Location of the work;
- Probationary period conditions;
- Prohibition on disclosure of secrets (state, official, commercial, etc.).);
- Other types of employee insurance.
Prohibited provisions of the employment contract
In the 57th article of the Labor Code of the Russian Federation, the points that are prohibited from being included in the text of the agreement are fixed:
- Payment of remuneration 1 time per month (according to the law-2 times a month);
- Exceeding the working time limits. (processing is either accounted for separately, or is the basis for setting an irregular working day);
- Salary below the minimum wage;
- Fixed-term contract without legal grounds (for example, withdrawal from the decree of an employee);
- Prohibition to work for competitors after dismissal;
- Jurisdiction of disputes;
- Establishing a probationary period of 6 months instead of 3.
The presence of these conditions will lead to a court decision on their nullity, a fine from the labor inspectorate for incorrect registration of the agreement.
This list is also incomplete. A competent lawyer will always help you check the employment contract, find violations, even if they are veiled.
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