Sample labor agreement with the employee

How correctly the form of the contract will be chosen for employment, it will be easier for the employer and the subordinate later. Many people confuse the notion of an employment contract and agreement. Let us consider in more detail what are their differences and, accordingly, what is the model of the labor agreement.

Employment contract

An employment contract means a document signed between an employee and a manager, where each of the parties must fulfill certain obligations. At the same time, the head must provide normal working conditions, pay a decent salary, etc., and the employee, in turn, must perform the duties prescribed by the contract and according to his qualifications. Also, a subordinate must follow the internal regulations in the organization where he works.

According to Article 57 of the LC RF, the following points can be assigned to the standard content of the employment contract:

• Requisites of the employee;
• Full name of the employer;
• Passport data;
• Place of work;
• Labor duties;
• working conditions;
• schedule;
• Compensation and guarantee;
• duties of the parties;
• Responsibility of the parties;
• Period of labor activity.

In addition to these points, the contract may include additional information that is considered important in a particular organization. The form of the contract must be drafted directly by the head and approved.

Contract of employment

A civil law contract, or a contract of employment agreement (a sample of which is presented below), is a document where two persons terminate, change or establish civil rights, as well as obligations to each other.

This type of agreement is made by mutual agreement, determining the necessary conditions. Exceptions are cases that are provided for in Article 421 of the Civil Code of the Russian Federation.

For example, a temporary labor agreement, a sample of which must be provided by the employer, is applied in cases when it is necessary to fulfill a task, commission or provide a service for a fee.

According to the terms of the agreement, the employee can not count on paid leave or payment of a sick leave. In addition, the employer does not pay a simple one and may not provide the employee with a permanent job.

Main differences

The model of the labor agreement with the employee and the form of the employment contract differ significantly from each other. And the most important differences are always related to the rights of the employee. Employers use this and reduce guarantees intended for citizens entering into labor relations. Therefore, before signing the document, it should be clarified which form of the agreement is proposed.

Many do not know the essential differences between the documents, and in fact the civil law agreement does not guarantee good and timely salaries paid, substantial compensation, legal dismissal, and the employer can forcibly collect from the employee a payment for alleged damage. Of course, all this is illegal, so consider the differences between the forms of documents:

• An urgent labor agreement (a sample of which is presented below), as well as other forms of agreements, involve the parties to the contractor and the customer, while in the employment contract it is the employer and employee;
• Great value in the agreement has a final result, and in the contract - labor obligations and compliance with internal regulations;
• The payment of money at the signing of the agreement occurs at the end of the work performed and is determined by the volume of this work, and the employment contract presupposes an established salary that is paid several times a month;
• The contract obliges the employee to provide paid leave and compliance with the work regime;
• The employment contract always has a specific period of validity;
• The RF Labor Code regulates the provision of guarantees to employees entering into an employment contract, while a sample of the labor agreement with an employee does not provide such guarantees, and if they are specified, their compliance is questioned;
• The civil-law agreement allows to employ an unlimited number of employees, and the number of employees under the contract is limited to the staffing table in the company;
• An employer who enters into employment agreements may refuse to apply for a job in the applicant, without explaining the reasons for this, but to deny the conclusion of the employment contract, you need to specify the good reasons that are prescribed in art. 64 of the Labor Code;
• When working under an employment contract, an employee may be liable in a monetary amount that does not exceed his monthly earnings, and under an employment contract an employee can not only pay a fine, but also fully recover the cost of the damage.

What should not you expect?

The model of the labor agreement does not provide the following guarantees:

1. Material assistance to the employee.
2. Various compensation.
3. Paid medical care.
4. Payment of benefits for pregnancy and childbirth.

Enrollment of social contributions to the future pension.

Decor

Depending on the amount of work, the parties can choose the options for signing the agreement:

• To draw up a sample of the labor agreement in writing, including provisions and various items therein;
• Compose the text and attach it with signatures and, if necessary, seal (in some cases, notarization is possible);

The text of the document must be preliminary agreed upon by the parties and issued in two copies. It is important to check that the agreement does not carry the elements of the contract with the employee.

Many organizations have their own sample of the labor agreement. The contractor can only read it and sign it if there are no controversial issues.

It should be remembered that all these provisions are binding, so before you sign, you need to carefully read the text.

A sample of filling an employment agreement is as follows:

• Date of compilation, registration number;
• Parties to the agreement;
• The subject matter of the agreement (the kind of work that required the recruitment of specialists);
• Rules and important points of the agreement;
• Responsibility for the execution and damage of materials;
• Conditions for mutual settlement and acceptance of work;
• Provision of materials;
• Termination conditions.

A sample of the labor agreement with the employee for the performance of certain services is presented below.

Termination

The agreement can be terminated in the following cases:

1. Automatically after all the proposed works, their acceptance and mutual calculation.
2. Unilaterally, if the requirements specified in the agreement are not met.

If one of the parties disagrees with the termination, this decision may be appealed in court.