Labor contract analysis
- Obligations of the employer and the employee
- Conditions specified in the employment contract
- Personal data protection
- Advantages of legal analysis
The Constitution of the Russian Federation guarantee all citizens the right to freely dispose of their own abilities to work, to choose their field of activity and profession. The Constitution prohibits the use of forced labor. In addition, the Constitution establishes a provision that guarantees every working citizen the right to rest.
In the current Labor Code of the Russian Federation, the concept of “employment contract” is defined as – an agreement between an employer and an employee, in accordance with which the employer undertakes to provide the employee with work in accordance with the stipulated labor function, to ensure the working conditions provided for by labor legislation and other normative legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement in the interests of, under the management and control of the employer, comply with the internal labor regulations applicable to this employer.
Obligations of the employer and the employee
The analysis of the employment contract is carried out in order to ensure that all the provisions of the contract comply with the current legislation. Violation of these standards may cause adverse consequences for both the employee and the employer.
Main responsibilities of the employer:
- Provide the employee with work according to the job description.
- Pay for the work performed by the employee in a timely manner.
- Provide comfortable and decent working conditions.
- Ensure the safety of working conditions.
The duties of the employee, prescribed in the employment contract, consist in the performance of their functional duties, taking into account the interests of the employer and under his control.
There are a number of mandatory requirements for entering into an employment contract. So the employment contract must be concluded in writing and in two copies. Each copy is signed by both parties.
It is worth noting that all such contracts can be concluded in two forms:
- For a specified period not exceeding 5 years.
- For an unlimited period of time.
An oral form of an employment contract is allowed by law, if a citizen has started to perform work with the consent of the manager (that is, he has received an admission). The validity period of the oral agreement may not exceed three days. This is due to the fact that the employee is already doing his job. He does this either by order of the employer’s representative, or with his knowledge.
Conditions specified in the employment contract
Article 57 of the Russian Labor Code establishes a list of mandatory conditions for inclusion in an employment contract, for example:
- workplace location;
- the period when employee starting performing work duties;
- conditions under which wages are paid;
- working and leisure time;
- basic guarantees and compensation for performing work in harmful or unsafe conditions;
- conditions according to which the nature of the work and its main conditions are determined;
- and other conditions.
Each employment contract must contain the following elements:
- personal data of the employee and information about the employer;
- information about identity documents;
- employer’s TIN;
- information about the employer’s representative who is authorized to sign the employment contract;
- place and date of conclusion of the employment contract.
The analysis of the employment contract allows you to check how the formalities were observed before and after the signing of the employment contract. Thus, the employee is hired in accordance with the correct order of the employer. This document is issued in accordance with the concluded employment contract. It is worth noting that the information contained in this order must necessarily meet all the conditions set out in the contract. In addition, the employee must be acquainted with the order under the signature within 3 working days after the beginning of the performance of their work duties.
Personal data protection
At the moment, it is difficult to imagine life without digitalization. It has infiltrated almost all spheres of human social life. In this regard, there is a question of reliable protection of personal data of the employee. Employees, in relation to their personal data, have the following rights:
- getting full information about your personal data and processing it;
- free access to employee personal data;
- compliance with the requirements for the exclusion or correction of any incorrect or incomplete personal data;
- appeal in court against any illegal actions on the part of the employer or his inaction in the process of processing, as well as the protection of personal data.
From the above, we can conclude that the legal analysis of the employment contract requires the involvement of a legally competent person who will help to properly implement the procedure for hiring a new employee, and will also accompany the conclusion of the employment contract, check it for compliance with all legal norms. In addition, a highly qualified lawyer can assist in drawing up an employment contract that directly meets all legal and legislative norms. This person will help each employer to avoid any risks in the process of hiring an employee in the company.
Advantages of legal analysis
Conducting a legal analysis of the employment contract will make it possible to determine some illegal and negative conditions that are laid down in the contract. They are very risky for the employee, as they make difficulties in the performance of their work functions.
However, it is not necessary to regard the procedure for analyzing the employment contract as particularly important only for the employee. This is also important for the employer. There is still a risk of changing the employer’s reputation for the worse.
So it is very important to pay attention to the analysis of the employment contract, not to bypass it. In some situations, it is life circumstances that cause certain changes in labor law. This thesis is confirmed by the legislative innovation, the essence of which is the possibility of an employee performing all their labor functions on a remote basis. This innovation was adopted due to the spread of coronavirus infection.
Thus, the analysis of the employment contract will make it possible to determine how the new terms of the contract correspond to the innovations in the legislation.
Recently, such changes have been introduced to labor relations at the legislative level. It is now possible to specify in the contract the conditions related to the performance of the employee’s work outside the employer’s location, while using information and telecommunications networks, which include the Internet.
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