Article 67 of the LC RF: Form of the employment contract

Every citizen, arranging an organization, must conclude an employment contract with the employer (if the job involves official employment). Art. 67 of the LC RF regulates the main provisions for the execution of this document and its main parties.

Definition

An employment contract is understood as an agreement between the head of the organization and the applicant, where the first party must provide the second job for the specified duties, provide the necessary working conditions, pay wages in time, while the other party is obliged to fulfill personal obligations and observe the company's internal regulations.

Under the terms of Part 1 of Art. 67 of the LC RF, the form of the contract is a written conclusion of the agreement, where the main information about its parties, documents, basic conditions and requisites of the parties to the agreement are recorded.

Parties

Since the labor contract is a bilateral agreement, the parties are the employee and the employer respectively.

An employee is an individual who enters into working relations with the head of an organization. According to the legislative norms, it is possible to enter into labor relations from the age of 16.

The employer is an individual or a legal entity (enterprise), entering into an employment relationship with the employee. As employers, branches or representative offices of a large organization can not act because they do not have the status of legal entities, but act solely on behalf of the organization that created them. Even though according to established documents units have the right to hire employees and conclude labor contracts with them, the main organization will be responsible to the employees.

The form

Considering Art. 67 of the Labor Code, the employment contract must be concluded in writing and in several copies, each of which is signed by the parties. One copy of the agreement remains with the employer, and the second with the employee. At the same time, on the copy of the organization, the employee must sign, indicating that his copy was personally received.

If the contract is not properly executed, and the employee has already started his duties on the order of the head or with his knowledge, then according to part 2 of Article 67 of the LC RF, the agreement is considered concluded and must be executed in writing within three days.

If labor contracts with certain categories of citizens are concluded, then taking into account the norms of the legislation (Article 67 of the Labor Code of the Russian Federation) and normative acts, there must be a need to harmonize the right to conclude treaties or their provisions with relevant bodies that are not employers under these agreements.

Content

The contents of the contract include all the conditions that are prescribed in it:

• Direct (conditions that are stipulated in the text of the agreement);
• Derivatives (conditions stipulated by law or the agreement itself, distributed to the parties).

The contract must specify:

• Basic information about the parties to this agreement;
• Date, place of signing the document;
• Place of work;
• Labor duties;
• The period of commencement of employment (reasons that serve to conclude a fixed-term contract);
• Remuneration of labor (amount of salary, possible surcharges, bonuses, allowances);
• Working conditions and rest time, the nature of work;
• Guarantees and compensation;
• A condition on social insurance;
• Other conditions stipulated by law.

In the event that, when concluding an agreement, any provisions were not included in it, this is not a reason to consider it invalid, and even more so to terminate labor relations. In this case, missing information can be entered directly into the text of the document, and additional information should be determined by an addendum or an attachment to the main document. An addendum should contain those conditions that do not make the employee's situation worse. They include:

• The condition of probation;
• Non-disclosure of trade secrets and liability;
• The duty of an employee after training to work out in a particular organization a fixed period of time;
• Additional types of employee insurance;
• The opportunity to improve the household and material conditions of family members of the employee;
• Clarification of the rights and duties of the employee and employer.

According to the law, it is prohibited to require the employee to perform those duties that are not prescribed by the employment contract.

Any changes to the document must be agreed between the parties. Those conditions that could worsen the position of the employee are recognized as invalid.

Conclusion

The reason for the appearance of labor relations is the signed labor contract. If the document is not issued, and the employee has started to perform the duties with the permission of the head or authorized person, this is not considered as a violation of Art. 67 of the Labor Code of the Russian Federation, simply working relations arise from the moment of direct start of the employee's activity, and the document itself must be issued within three days.

In the event that an employee is admitted to work by a person not authorized to do so, and the employer refuses to enter into a contract, the time actually worked by the employee must be paid. In this case, a person who admitted a citizen to work should be punished, including materially.

If the employer refuses to accept a job, a written notification must be sent from the head with specific reasons for the refusal. All legislative norms for concluding a contract apply only to those who have concluded the contract, and not the labor agreement.

Kinds

The agreement can be concluded:

• For a specific period (urgent);
• For undefined period.

Legislatively, it is forbidden to enter into urgent labor relations in order to evade the provided guarantees and compensations to employees.

Comments

Art. 67 TC RF with the comments fixes the "framework" restrictions, which relate to compliance with the form of the contract. These restrictions must be observed by both the employer and the employee.

The main requirements that must be met:

1. The conclusion of the contract only in writing and not less than in two copies (part 1 of article 67 of the LC RF).
2. Instances must be signed by both parties.
3. Preliminary agreement of the terms of the contract with persons or bodies that are not employers of the company (Part 3 of Article 67 of the LC RF).
4. If an employee is admitted to the main duties by an authorized person without signing a contract, the labor activity is recognized as started, and the document itself must be issued within three days.

At the conclusion of the contract, many enterprises use their standard form, which includes the main provisions provided for by legislative acts.