home For a beginner Where are the mandatory terms of the employment contract determined? Terms of employment contract (mandatory and optional). Mandatory conditions of an employment contract under the Labor Code of the Russian Federation - legislative regulation

Where are the mandatory terms of the employment contract determined? Terms of employment contract (mandatory and optional). Mandatory conditions of an employment contract under the Labor Code of the Russian Federation - legislative regulation

An employment relationship begins with a conclusion employment contract between employee and employer.

Labor contract is an agreement between the employer and the employee that governs their work responsibilities.

The main source regulating labor relations is the Labor Code of the Russian Federation. Article 57 tells us about the content of the employment contract, we will study it.

Article 57 of the Labor Code of the Russian Federation. Content of the employment contract:

The employment contract specifies:

the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;

information about the identity documents of the employee and employer - an individual;

taxpayer identification number (for employers, excluding employers - individuals who are not 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 powers;

place and date of the conclusion of the employment contract.

Task 1. Insert the missing words (either orally or in writing, if you printed out the recommended file for the lesson).

1. Surname, name, patronymic _________________ and name of the employer

2. Information about _________________, identifying the employee (passport, military ID)

3. Identification number _________________

4. Information about the representative _________________ who signed the employment contract

5. Place and _________________ conclusion of an 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 unit of an organization located in another locality, the place of work with an indication of the separate structural unit and its location;

labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee).

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period 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 size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

working hours and rest hours (if for this employee it differs from general rules employed by this employer);

guarantees and compensation for work with harmful and (or) dangerous working conditions, if the employee is hired in 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 at the workplace;

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases stipulated by labor legislation and other regulatory legal acts containing norms labor law.

Task 2. Insert the missing words in the list of required information to be included in the employment contract.

1._________________ work

2. Labor _________________ (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee)

3. Date _________________ of work

4. Working conditions _________________

5. Working hours _________________ and rest time

6. Warranties and compensations for work with _________________ and (or) hazardous working conditions

7. Conditions that determine, if necessary, _________________ work

8. Conditions _________________ in the workplace

9. Conditions on compulsory _________________ employee insurance

An employment contract may provide additional conditions, in particular:

on clarification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of secrets protected by law (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 insurance for the employee;

on improving the social and living conditions of the employee and his family members;

to clarify, 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 the employee.

Task 3. Insert the missing words into the list of additional conditions for inclusion in the employment contract.

1. About clarification of _________________ work

2. About testing and nondisclosure of legally protected _________________

3. On the obligation of the employee _________________ after training at least the period specified in the contract, if the training was carried out at the expense of the employer

4. About the types and conditions of additional _________________ employee

5. On improving social welfare _________________ of the employee and his family members

6. About clarification in relation to the working conditions of this employee _________________ and the obligations of the employee and the employer

7. About additional non-state _________________ provision of the employee

Task 4. Determine which of the conditions included in the employment contract is mandatory and which is optional.

about the test

terms of remuneration

working hours and rest hours

on the types and conditions of additional insurance for the employee

on improving the social and living conditions of the employee and his family members

compulsory social insurance condition for the employee

to clarify the rights and obligations of the employee and the employer in relation to the working conditions of this employee

on additional non-state pension provision for an employee

place of work

labor function

on nondisclosure of secrets protected by law

start date

guarantees and compensation for work with harmful and (or) dangerous working conditions

conditions that determine, where necessary, the nature of the work

on the employee's obligation 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

Labor contracts are of two types:

1) open-ended employment contracts (concluded for an indefinite period)

2) fixed-term employment contracts (concluded for a specified period, but not more than five years)

An employment contract comes into force on the day it is signed by the employee and the employer. The employee is obliged to start performing work duties from the day specified in the employment contract.

If the day of starting work is not specified in the employment contract, then the employee must start work on the next business day after the entry into force of the contract.

Task 5. Find and correct errors in the text (7 errors in total):

Irina concluded with a company providing legal services, fixed-term employment contract for 7 years. She began to perform her duties the next day after the conclusion of the contract, since it did not indicate a specific date for the commencement of her labor duties. As soon as Irina got down to work, her employment contract immediately entered into force. Among the mandatory conditions, the employment contract included information on testing, on nondisclosure of secrets protected by law, and on the terms of remuneration. The list of additional conditions included the labor function, working conditions at the workplace and working hours and rest.

Read the article Labor Code about the age at which it is possible to conclude an employment contract.

Article 63. Age from which it is allowed to conclude an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen years, with the exception of cases provided for by this Code and other federal laws.

Persons who have received a general education and have reached the age of fifteen may conclude an employment contract for performing light work that does not harm their health. Persons who have reached the age of fifteen and, in accordance with federal law, have left a general education organization before receiving basic general education or who have been expelled from the said organization and continue to receive general education in another form of education, may conclude an employment contract for performing light work that does not harm their health and without prejudice to the development of the educational program.

With the written consent of one of the parents (guardian) and the guardianship and trusteeship body, an employment contract may be concluded with a person who has received a general education and has reached the age of fourteen years, to perform light work that does not harm his health, or with a person receiving general education and those who have reached the age of fourteen years, to perform, in their free time from receiving education, light work that does not harm their health and without prejudice to the development of the educational program.

In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance (exhibiting) ) works without prejudice to health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permission of the guardianship and trusteeship body indicates the maximum permissible duration of daily work and other conditions in which the work can be performed.

Task 6. Answer the questions

1. At what age is an employment contract concluded according to the general rule?

2. Is the situation correct: Nadia finished 9th grade, she is preparing to celebrate her 16th birthday magnificently in six months. To do this, she decided to go to work and got a job as a ticket clerk in a night cinema.

3. Is the situation correct: Artyom finished 9th grade, he is 14 years old. He categorically does not want to study, so he dropped out of school and went to work as a waiter, having previously received the verbal consent of his parents.

4. In what areas of activity is it allowed to conclude an employment contract for persons under 14 years of age?

When concluding an employment contract, a person has a number of guarantees:

Article 64. Guarantees when concluding an employment contract

Unjustified refusal to conclude an employment contract is prohibited.

Any direct or indirect limitation of rights or the establishment of direct or indirect benefits when concluding an employment contract, depending on gender, race, skin color, nationality, language, origin, property, family, social and official position, age, place of residence (including the presence or absence of registration at the place of residence or stay), attitude to religion, beliefs, affiliation or non-affiliation with public associations or any social groups, as well as other circumstances not related to business qualities employees is not allowed, except in cases in which the right or obligation to establish such restrictions or benefits is provided for by federal laws.

It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.

It is forbidden to refuse to conclude an employment contract for employees invited in writing to work by transfer from another employer, within one month from the date of dismissal from their previous place of work.

At the written request of the person who was refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing no later than within seven working days from the date of such request.

Refusal to conclude an employment contract can be appealed against in court.

Task 7. Comment on the situation:

1. At the end of the interview with the candidate for the position of manager, the director said: "Sorry, you are not suitable for us, we will not conclude an employment contract with you." Then he refused to answer any questions and left the room.

2. The company needed twenty people in its sales department. Fifty women and twenty-one men applied for this position. As a result, twenty men were recruited into the department.

3. At the end of the interview with a candidate for the position of a programmer, the director said: "Sorry, you are not suitable for us. You have a small child, he will be sick and you will constantly take sick leave, and our company needs a person who will perform his duties continuously."

4. Andrey worked in a restaurant of a well-known chain in the city of Moscow. He wanted to move to St. Petersburg and asked to arrange a transfer for him to the same restaurant in St. Petersburg. The transfer was completed on June 5, but when he arrived to draw up a contract for a new place of work on July 10, he was refused.

5.K candidate for the position of manager, to whom the director at the end of the interview said: "Sorry, you are not suitable for us, we will not conclude an employment contract with you," and then quickly left the room, wrote an official request to explain to him the reasons for refusing to conclude an employment contract. What development of events should the candidate expect? What benefit do you think this action might be for the candidate?

6. The woman, who was refused to take on the position of a programmer, filed a lawsuit. Can the court dismiss her claim? If not, what kind of court decision should she expect?

When concluding an employment contract, a person is required to present a number of documents. The Labor Code says the following about this:

Article 65. Documents to be presented when concluding an employment contract

Unless otherwise established by this Code, other federal laws, when concluding an employment contract, a person entering a job presents to the employer:

passport or other identity document;

work book, with the exception of cases when an employment contract is concluded for the first time or an employee enters a job on a part-time basis;

insurance certificate of compulsory pension insurance;

military registration documents - for persons liable for military service and persons subject to conscription;

a document on education and (or) on qualifications or availability of special knowledge - when applying for a job requiring special knowledge or special training;

a certificate on the presence (absence) of a criminal record and (or) the fact of criminal prosecution or on the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body;

a certificate on whether or not a person is subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription.

Article 69. Medical examination upon conclusion of an employment contract

Persons under the age of eighteen, as well as other persons in cases provided for by this Code and other federal laws, are subject to mandatory preliminary medical examination when concluding an employment contract.

Task 8. Comment on the situation:

1. Arthur, a 38-year-old man, came to conclude an employment contract for the position of an engineer. He brought a passport, work book and a university graduation diploma. What else will he be asked to bring?

2. Rita, a 17-year-old girl, got a job as a seller in a shoe store. What kind of certificate will be required from her, plus to those documents that are usually asked from adults?

Often when hiring people are assigned a probationary period. It is needed for the employer to check the correctness of his choice, and the employee - his capabilities. During the probationary period, workers are paid less than after it ends. Some people are not assigned a probationary period, this is written in article 70 of the Labor Code:

Article 70. Probation for employment

When concluding an employment contract, by agreement of the parties, a condition may be provided for testing the employee in order to verify his compliance with the assigned work.

The absence of a test condition in the employment contract means that the employee was hired without a test.

During the trial period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations.

A test at hiring is not established for:

pregnant women and women with children under the age of one and a half years;

1. persons elected by _________ to fill the relevant position;

2. _________ _________ and women with children under the age of one and a half years;

3. Persons under the age of _________ years;

4. persons who have received _________ _________ education or higher education and _________ applying for work (within _________ after graduation);

5. persons _________ in an elective position for a paid job (for example, the position of mayor or deputy);

6. persons invited to work in the order of _________ from another employer;

7. persons who enter into an employment contract for a period of up to _________ months.

6) the employee's refusal to continue work in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution

7) the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties;

8) the employee's refusal to transfer to another job that is necessary for him in accordance with the medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, or the employer does not have an appropriate job;

9) the employee's refusal to transfer to work in another locality together with the employer;

10) circumstances beyond the control of the parties;

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work.

Task 10. Insert the missing words in the sentences (use the printed file)

The grounds for terminating an employment contract are:

1) _________ parties;

2) _________ of the term of the employment contract;

3) termination of the employment contract on the initiative of _________;

4) termination of the employment contract on the initiative of _________;

5) _________ of an employee, at his request or with his consent, to work for another employer or transfer to elective work;

6) _________ of an employee from continuing work in connection with a change in the owner of the organization's property;

7) the employee's refusal to continue working in connection with the __________ _________ labor contract;

8) _________ employee from _________ to another job;

9) _________, independent of the will of the parties;

11) violation of _________ conclusion of an employment contract.

A three-year labor contract was concluded with the locksmith Sidorov. After two years, Sidorov decided to quit, which he notified the employer of

writing. The employer refused the locksmith to terminate the employment contract, referring to the fact that there was a year left before the expiration of the contract, which Sidorov must work at the enterprise. Is the employer's refusal legal? Name any two principles on which labor relations in the Russian Federation are based.

Are the following judgments about the employment contract in the Russian Federation correct? A. In accordance with the Labor Code of the Russian Federation, the receipt by an employee of a copy of an employment contract must

be confirmed by the employee's signature on a copy of the employment contract kept by the employer. B. If the term of its validity is not stipulated in the employment contract, then the contract is deemed to be concluded for five years.
1) only A is true 3) both statements are true
2) only B is true 4) both judgments are wrong

Since October 26, 2012, citizen K. was actually admitted to ancillary work in the production premises of Tehpero LLC, but the employment contract in

he did not enter into writing with him, the order for hiring was not issued, the record of hiring was not entered in the work book. into the combing machine, collect the processed fluff from the container into bags and take it to sewing factory located on the second floor. K. did not undergo any preliminary training in the skills of working on a puffing machine, he was not instructed in labor protection. It was verbally explained to him that if the chewing machine gets clogged, it must be turned off and cleaned by hands or some other means at hand. On November 27, 2012, when the plaintiff was cleaning the chewing machine, an accident occurred with traumatic amputation of the left hand. The employer refuses to investigate the accident. Did the employer act legally? If not, list which legal provisions have been violated.

1. Citizen K. submitted an application in which she asks to be relieved of her post. Which of the following may be the basis for

termination of the employment contract: a) her own wish; b) the director's refusal to pay her bonuses; c) her desire to retire, since she is 50 years old and tired of working; d) a request from the chief to write this statement, since citizen K. is pregnant; e) transfer to another job. Explain your answer. 2. Experts are preparing for release a collection, the working title of which is "Protecting the interests of schoolchildren and students in obtaining education." Comments and recommendations professional lawyer should provide practical help future graduate, including when choosing an educational institution. What results, in your opinion, should be in this guide? Think about what samples of documents you need to include in it? 3. Polish poet and philosopher of the XX century. E. Lets wrote: "A man is also superior to a car in that he knows how to sell himself." Please comment on the statement from the perspective of labor law.

Find in the list below the features of civil legal relations 1. Civil legal relations are based on the principle of freedom of contract 2.

civil legal relations are based on the principle of equality of the parties 3. Civil legal relations regulate relations in the field government controlled 4. civil legal relations regulate the relationship between the employer and the employee based on the employment contract 5. civil legal relations arise exclusively as a result of the commission of a crime 6. the participants in civil legal relations are: the state, legal entities, individuals

Russian law is intended not to intimidate, but to assert and protect the freedom (natural and inalienable rights) of a person in all spheres of his life, to help strengthen law and order in society. Therefore, it is necessary to know the laws and learn to respect them.
Respect for laws means that their requirements are recognized and implemented by a citizen as absolutely necessary, useful for him, other people, and society as a whole. And for this, it is necessary to overcome the legal nihilism that is still characteristic of many Russians, to cultivate a modern legal culture - a culture of recognition and protection of law and human rights. This is the only way to achieve self-realization and success in any area of your life.

Document

From the Labor Code of the Russian Federation.

Article 57.

the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract.

The essential terms of the employment contract are:

place of work (indicating the structural unit);
start date of work;
the name of the position, specialty, profession with an indication of qualifications in accordance with the staffing table of the organization or a specific job function. If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements they must comply with the names and requirements specified in the qualification reference books, approved in the manner established by the Government of the Russian Federation;
the rights and obligations of the employee;
the rights and obligations of the employer;
characteristics of working conditions, compensation and benefits to employees for work in difficult, harmful and (or) dangerous conditions;
the mode of work and rest (if it in relation to this employee differs from the general rules established in the organization);
terms of remuneration (including the size of the wage rate or the official salary of the employee, additional payments, allowances and incentive payments);
types and conditions social insurance directly related to work.

Questions and tasks to the document

Comment on the terms of the employment contract.
Based on the text of the paragraph, reveal the rights and obligations of the employee, as well as the rights and obligations of the employer.
What are the general rules of the work and rest regime? Use the paragraph material in your answer.
What is the significance of the fact that the law sets out the terms of the employment contract in detail?

Self-test questions

What are the general features and what are the specific features of the branches of Russian law?
What is the difference between an employment contract and civil law contracts? Please explain your answer with specific examples.
What are the similarities and main differences between an offense and a crime?
How do you understand the provision that Russian law is designed to become a measure of freedom and justice?

Tasks

Citizen K. decided to enter into legal marriage with his cousin. Do you think this marriage will be registered? Explain your answer
After 15 years of marriage, the couple signed a marriage contract to change the legal regime of joint ownership. Are the spouses' actions legal? Explain the answer.
Find examples in periodicals that illustrate offenses in Russia. Identify the types of these offenses.
Prepare for a class discussion on "Are there socially safe offenses?"

Thoughts of the wise

"The people must defend the law as their stronghold, as their protective wall."

Heraclitus (late VI - early V century BC), ancient Greek philosopher

Labor contract terms

An employment contract is an agreement according to which the employer is obliged to give the employee work and normal working conditions, to pay for his work on time and in full, and the employee must perform the labor activity specified in the agreement, comply with labor regulations. Labor is drawn up in writing, signed by the employer and the employee. The document must contain the following information:

Full name of the employee, name or full name of the employer (if he is an individual);

The data of the employee's passport (or other document confirming his identity) and the employer (if he is an individual);

TIN of the employer (if it is a legal entity);

Information about the representative of the employer who signs the employment contract, and an indication on the basis of which he acts (for example, on the basis of a power of attorney, charter or order);

Date and place of detention.

Essential terms of the agreement are such terms, without which the document has no legal force. By Civil Code RF, to include: the subject (object) of the contract, as well as legally named essential conditions for a specific and conditions on which an agreement must be reached. The document is considered valid only when there is agreement on all essential points.

Mandatory conditions labor contract:

Labor duties of the employee (a certain type of entrusted work in the profession, specialty with specification of qualifications);

Place of work; if an employee is admitted to a branch or representative office of the employer, the name of the structural unit and its address are indicated in the contract;

Start date of work;

If - the time of its validity is specified;

Salary payment system, conditions of surcharges, allowances, bonuses and bonuses);

Indication of working time intervals and rest breaks;

Compensation for hard and unhealthy work;

Other statutory conditions.

If, when signing the document, the mandatory terms of the agreement or information were not included in it, it must be drawn up to this agreement with clarification. Besides, contract of employment may contain other terms of the contract that do not worsen the employee's position and do not contradict the legislation: on a probationary period, on non-disclosure of commercial, state, official secrets, on additional insurance for the employee, on social and domestic improvements for the employee and his family members, on rights, obligations employee and employer, based on labor and general legislation.

When does an employer have the right to change an employment contract?

According to the Labor Code of the Russian Federation, it is possible to change the terms of the employment contract at the suggestion of the employer if technological or organizational conditions change in the organization. At the same time, the employee's labor function is preserved. He must be notified in writing sixty days in advance of future changes. If the employee does not want to work in the new conditions, the employer must offer other vacant positions or work that the person can perform with his health. The employer is also obliged to offer all available vacancies that are suitable for the employee. If there are none, or the employee refuses the proposed options, the employment contract is terminated.

New edition of Art. 57 of the Labor Code of the Russian Federation

The employment contract specifies:

the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;

place and date of the conclusion of the employment contract.

labor function (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee). If, in accordance with this Code, other federal laws, the provision of compensation and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in accordance with the procedure established by the Government of the Russian Federation, or the relevant provisions of professional standards;

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions at the workplace;

If, when concluding an 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 an 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.

An 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 clarification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of secrets protected by law (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 insurance for the employee;

on additional non-state pension provision for the employee.

By agreement of the parties, the labor 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 ... 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.

Commentary on Article 57 of the Labor Code of the Russian Federation

Requirements for the content of the document

The main requirements for the content of the employment contract, as before, are set out in the relevant provisions of the Labor Code of the Russian Federation. For example, the current version of Article 57 of the Labor Code of the Russian Federation prescribes the following information to be included in the content of an employment contract:

1. Information about the parties to the employment relationship, allowing the identification of the employee and the employer who have entered into an employment contract with each other, including:

surname, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the identity documents of the employee and employer - an individual;

taxpayer identification number (for employers, with the exception of employers - individuals who are not 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 powers;

place and date of the conclusion of the employment contract.

2. Information about the conditions included in the employment contract without fail.

The following conditions are mandatory for inclusion in an employment contract:

labor function (work) by position in accordance with the staffing table, profession, specialty indicating qualifications or a specific type of work entrusted to the employee. If, in accordance with federal laws, the provision of compensation and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation;

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with this Code or other federal law (if the term of its actions, then the contract is considered concluded for an indefinite period, see below);

terms of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

working hours and rest hours (if for this employee it differs from the general rules in force for this employer);

compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace;

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work) (see in this regard, article 168.1 of the Labor Code of the Russian Federation and comments to it);

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.

3. Information about additional conditions of the employment contract that do not worsen the position of the employee in comparison with those established by law, regulatory legal acts containing labor law norms, collective agreements, agreements and local regulations, including:

on clarification of the place of work (indicating the structural unit and its location) and (or) on a specific workplace;

about the test, assigned employee in accordance with article 70 of the Labor Code of the Russian Federation;

on non-disclosure of secrets protected by law (state, official, commercial and other), which became known to the employee in connection with the performance of the work entrusted to him in accordance with the employment contract;

on the obligation of the employee to work after training for at least the period established by the contract - if such training was carried out at the expense of the employer;

on the types and conditions of additional insurance for the employee;

on improving the social and living conditions of the employee and his family members;

We also note that by agreement of the parties, the labor 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 arising from the terms of the collective agreement, agreements. At the same time, non-inclusion in the employment contract of any of the above rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights (fulfill these obligations).

We emphasize that the conditions included by the parties in the employment contract when it was concluded can be subsequently changed only in accordance with the written additional agreement between employee and employer. Such an additional agreement (addition) should be considered in the future as an integral part of the previously concluded employment contract.

Under certain circumstances, a fixed-term employment contract may be concluded between the employee and the employer, in the content of which the term of its validity must be indicated.

In addition to information about the duration of the employment contract, it must also indicate the circumstances (reasons) that served as the basis for its conclusion. In this regard, we recall again that the new edition of Article 59 of the Labor Code of the Russian Federation contains a list of situations in accordance with which a fixed-term employment contract must or can be concluded.

We emphasize that an employment contract concluded for a specified period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period.

The conclusion of fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period is prohibited. The circumstances, according to which a fixed-term employment contract can now be concluded by agreement of its parties, are set out in part two of Article 59 of the Labor Code of the Russian Federation. Upon expiration of the term, a fixed-term employment contract may be:

terminated in the manner and on the grounds provided for by legislation, including ahead of schedule (both at the initiative of the employee and at the initiative of the employer);

by agreement of the parties extended for a new term (as a fixed-term contract).

However, if, after the expiration of the term of the fixed-term employment contract, none of the parties demanded its termination and the employee continues to perform the assigned work, then the condition of the urgent nature of this employment contract becomes invalid and the latter is further considered concluded for an indefinite period.

In addition to those listed above, some other information may be reflected in the content of the employment contract, the inclusion of which in the text of the document is significant for the parties to the employment relationship, but at the same time does not contradict labor legislation, the provisions of local regulations, the terms of the collective agreement, agreements. In particular, the content of an employment contract may include information indicating:

type of employment contract (contract for the main job or part-time contract);

guarantees provided by the employer to the employee in accordance with the regulatory legal and local acts of the enterprise;

the procedure for resolving disputes between the parties to labor relations, disagreements in connection with the fulfillment of obligations under the contract;

responsibility of the parties to the employment relationship in the event of damage to each other.

Concluding the conversation about the requirements for the content of the employment contract, we note that the functional purpose of the document, its belonging to management documentation actually predetermines what quality criteria the content of the employment contract should meet. It, as follows from the VNIIDAD Methodological Recommendations "Unification of the texts of management documents", should be clear, information-capacious, convincing and presented in the form of a coherent (continuous), clearly structured (about the structure of the employment contract, see below) text.

Let us clarify that the clarity of the content of the employment contract is achieved by its extremely precise formulation. In turn, the information capacity of the document is ensured through the inclusion of sentences that combine the minimum number of vocabulary units with the maximum semantic load. As for the persuasiveness of the content, the fulfillment of this requirement in relation to an employment contract depends primarily on how consistently its semantic components are located in the text and how logically the structure of the text of the document looks as a whole. And of course, as follows from the above, the content of the employment contract should not contradict the legislation, provisions of regulatory legal acts, including labor law, collective agreements, agreements and local regulations.

It is recommended to use standardized (standard, exemplary, etc.) texts as a basis for the preparation of draft labor contracts. Similar texts-templates of employment contracts, intended for conclusion with various categories of workers, can be developed by each enterprise independently, taking into account the specifics of its activities and the characteristics of the content of the work ( labor function) assigned to this or that category of workers.

Document structure requirements

Let us now consider the basic requirements for the structure of an employment contract. As you know, structuring the content of a document allows, firstly, to streamline the arrangement of its semantic parts, and secondly, to create additional conveniences in the process of its study (reading) and, thus, greatly contribute to ensuring the required efficiency in the process of working with documented information. ...

Let us clarify that, in accordance with Methodical recommendations VNIIDAD "Unification of texts of management documents" the content of management documents, presented in the form of a coherent (continuous) text, should be structured into sections, paragraphs and subparagraphs. At the same time, an example of the most complete structure of an employment contract is presented in Appendix 2 to the Resolution of the Ministry of Labor of the Russian Federation of June 14, 1993 N 135 "On the approval of Recommendations for concluding an employment contract in writing and an exemplary form of an employment contract."

Such a structure seems to be optimal for standard employment contracts and, therefore, can be recommended as a basis for the preparation of such contracts, taking into account additional requirements for the content of an employment contract arising from the provisions of Article 57 of the Labor Code of the Russian Federation.

At the same time, if necessary, changes can be made to the presented structure. For example, a section (clause) is usually included in the structure of a fixed-term employment contract, which indicates the reason that served as the basis for concluding a fixed-term employment contract (with reference to the relevant part and clause of Article 59 of the Labor Code of the Russian Federation).

It is advisable to reflect special conditions, as well as additional conditions, in the structure of the employment contract in the form of a separate clause. If there are several such conditions (for example, in addition to the condition on testing the employee, the labor contract includes a condition on the employee's obligation to work after training for at least a certain period), then it is advisable to set them down in clauses as part of a separate section ("Special conditions of the contract"), while other conditions should be stated separately from special conditions.

Concluding the consideration of the structure of the employment contract, we note that some other sections (points) may also be reflected in it. In particular, the procedure for resolving disputes and disagreements between the parties to an employment contract can be set out either in independent section("Procedure for resolving disputes and disagreements"), or in the section "Final clauses" along with other necessary information.

Document Style Requirements

The general requirements for the style of presentation of the employment contract are formulated in the Methodological Recommendations of VNIIDAD "Unification of the texts of management documents". Let us clarify that the style used for the presentation of management documents (which includes the employment contract) is known as service-business (in a number of sources - official-business) and is characterized by the following specific features:

emphasized formality, expressed in special forms of written communication of its participants in the process of professional activity;

targeting, assuming the presence of specific subjects (participants) of management activities (in this case, an employee and an employer);

the repeatability of vocabulary values in combination with the limited number of those in constant circulation when compiling a specific type of management document;

thematic limitation (monotheism), mainly determined by the functional purpose of the management document (in relation to the type of documents under consideration - the subject of the employment contract);

special conciseness, clarity and accuracy of written presentation, its neutrality.

When formulating the content of an employment contract, preference should be given mainly to simple sentences with direct word order, as well as the most stable phrases and turnovers. written speech that does not complicate the reading of the document and the study of its essence. At the same time, if possible, avoid including terms and abbreviations in the document.

A specific stylistic feature of an employment contract is the inclusion in its content (at the beginning of most sections, as well as paragraphs including subparagraphs) of introductory wording ("The employee's remuneration includes:", "The employee is provided with the following guarantees:", etc.). Such wording makes it possible to present the content of the relevant sections in a more compact manner.

In addition, in the content of the employment contract, the most common speech stamps (linguistic formulas) are actively used - phrases used in a strictly defined, as it were, "frozen" form. These include, for example, the following:

this agreement is concluded between ...;

the parties have agreed as follows ...;

hereinafter referred to as (referred to) hereinafter ...;

the employee (employer) is obliged (has the right) ...;

the employee is provided with ...;

the employer provides ...;

for the period of validity of the contract, the following procedure is established ...;

the contract comes into force from ... and is valid until ...;

the parties are liable for non-compliance (for violation) ...;

the terms of this agreement can be changed only by mutual consent parties ...

In addition, in some cases, along with verbs, constructions from a verbal noun with the meaning of an action in combination with a semi-descriptive verb can be used to designate actions: keep records (but not take into account), exercise control (but not control), etc. Such constructions allow most specifically to designate not only the prescribed action, but also the object (object) to which this action should be directed.

Requirements for paperwork

In the final paragraph of this chapter, we will consider the basic requirements for the execution of an employment contract. For this purpose, let us refer to the provisions of the state standard GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork", as well as the VNIIDAD Methodological Recommendations developed in development of this standard (2003).

Requirements for registration of an employment contract apply to the composition of the details of the document, as well as the order of arrangement of the details of the document on the forms of the established type. Let's consider these requirements in more detail.

The approximate composition of the details of the employment contract in accordance with the prescriptions of section 2 of GOST R 6.30-2003 and the provisions of Article 57 of the Labor Code of the Russian Federation is as follows:

the name of the organization (enterprise, institution) - the author (developer) of the document;

name of the type of document;

date of the document;

registration number of the document;

place of compilation or publication of the document - if it is difficult to indicate the name of the organization in determining the place of compilation (publication);

heading to the text - indicated for certain types of employment contracts;

the text of the document, without fail including the entire volume of information provided for in Article 57 of the Labor Code of the Russian Federation;

a mark on the presence of an attachment - indicated if the document has an attachment (attachments);

signature (signatures);

document approval stamp - indicated if the employment contract is subject to external approval;

document approval visas - indicated if the employment contract is subject to internal approval;

print imprint;

a mark on certification of a copy of a document - indicated only on copies of employment contracts;

the mark about the artist;

the identifier of the electronic copy of the document;

a mark on the receipt by the employee of a second copy of the employment contract.

The name of the enterprise (organization, institution) - the author (developer) of the document must be indicated in full, in strict accordance with the name enshrined in its constituent (registration) documents. Let us clarify that the names of enterprises belonging to the jurisdiction of the constituent entities of the Russian Federation, which, along with the state language of the Russian Federation (Russian), have their own state language, must be indicated in both languages.

Directly above the full name of the enterprise - the author (developer), the abbreviated name is indicated or, in the absence of such, the full name of the parent organization (management body (authority) (if any)). The abbreviated name of the enterprise - the author (developer) is indicated in cases where it is enshrined in its constituent documents.

The name of a separate structural unit of an organization - a branch, a territorial department, a representative office, etc. - is indicated if it is it that is the author (developer) of the document.

The name of the type of document must correspond to the types of documents provided for by OKUD (class 0200000 - "Organizational and administrative documentation"). Earlier, we drew the attention of dear readers to the fact that an employment contract (code 0281081) is included in the OSA as an element of the recruitment documentation and, therefore, this is the name that should be assigned to the document we are considering in the framework of this manual.

The name of the document type is located one or two intervals below the last line of the "Organization name" variable. To display the requisite, as provided for by the sample GOST R 6.30-2003, a font in bold and (or) capitalization can be used: LABOR CONTRACT (LABOR CONTRACT).

The date of the document is a variable in which the time of approval, (signing, etc.) of the document is recorded (GOST R 51141-98). In the case we are considering, this is the date of the signing of the employment contract by the employer, who, in accordance with established practice, does it after the employee. Note that one of the following methods can be used to indicate the date of signing an employment contract:

digital, in accordance with which an ordered sequence of Arabic numerals is used to indicate the date: the day of the month and the month are drawn up with two pairs of Arabic numerals separated by a dot, and the year with four Arabic numerals, also separated by a dot from the last pair of digits. For example, the date of signing an employment contract on July 26, 2007 in accordance with the above recommendations will take the form: July 26, 2007;

alphanumeric, in accordance with which an ordered sequence of numbers is used to indicate the date (two-digit - to indicate the day of the month, four-digit - to indicate the year, with the addition of the abbreviation "year" separated by a space) in combination with the verbal designation of the name of the month, for example, 26 July 2007

The latter method of dating the document - taking into account the specifics of the functional purpose of the employment contract - is preferable. Let's clarify that the date of the document is indicated immediately after it is signed by the employer (representative of the employer with the appropriate authority). The date of the document is located one or two intervals below the variable "Name of the type of document", taking into account the type of form on which the employment contract is drawn up.

The document registration number is the number assigned to the employment contract in accordance with the document registration rules established by the employer. Let us clarify that the registration number of the employment contract, in addition to the serial number assigned to the document within the functional group (group of employment agreements (contracts) as part of the documentation for hiring), can be supplemented with other symbols, in particular, the symbolic designation of the name of the type of document ( "t / d").

The registration number of the document is supplemented with the symbol of the number "N" and is indicated on the same line with the "Date of the document" variable (to the right of the last) immediately after the employment contract is signed by the employer - upon receipt for registration, taking into account the type of form on which the document is drawn up.

The place of compilation (publication) of the document is indicated in the event that it is not possible to determine it by the requisite "Name of the organization", for example, if the name does not mention the relevant information. On the contrary, from the name "Non-state educational institution"Omsk gymnasium" it follows that the place of drawing up an employment contract is the city of Omsk and, therefore, in this case there is no need to use this requisite when drawing up a document. Thus, the requisite is used if, despite the presence of the information necessary to identify the place of compilation (publication) of the information in the name of the organization, the employment contract was actually prepared and (or) concluded elsewhere.

In accordance with the existing procedure, the place of drawing up an employment contract is indicated in accordance with the adopted system of administrative-territorial division, while for legal entities the place of compilation (publication) of the document, as a rule, is the place of its location, determined by the place of state registration (according to the so-called legal address) of the enterprise. The names of settlements (other administrative-territorial units) indicated as the place of drawing up an employment contract, if necessary, can be supplemented with generally accepted abbreviations - "g." (city), "settlement" (settlement), etc.

The title to the text is not a required attribute. As a rule, such a title has labor contracts concluded with certain categories of workers.

Let us explain that in general case the title to the text of the employment contract should briefly and accurately reflect the content and functionality of the document. In addition, the title to the text must be consistent with the name of the type of document and for this purpose it is formulated in instrumental (with whom? - for example, with an engineer) case.

The title to the text is located one or two intervals below the "Place of compilation (publication) of the document" variable. When placing the requisite, the type of form on which the employment contract was executed is taken into account.

The text of the employment contract is a requisite that includes the main semantic content of the document. Let us clarify that in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation, the text of the document can be drawn up in the state language of the Russian Federation or in the state languages of the constituent entities of the Russian Federation.

As noted earlier, for an employment contract, the most typical presentation of its main semantic content in the form of a carefully structured coherent (continuous) text, which is grammatically and logically consistent information about the parties to the employment relationship, the terms of the employment contract, etc. In this case, the main elements of the structure of the text of the document - sections - must have names and numbering in Roman numerals.

To display the titles of sections, as provided by the Methodological Recommendations of VNIIDAD (2003), a font in the capital style can be used: SUBJECT OF THE CONTRACT. Dots are not used at the end of headings. Items and sub-items do not have names and are numbered within the sections in Arabic numerals. For example, the items in the first section of the employment contract will have the following numbering: 1.1, 1.2, etc. Accordingly, the sub-clauses related to the first clause of the first section will have the following numbering: 1.1.1, 1.1.2, etc.

The text of the employment contract is located one or two intervals below the last line of the "Title to text" variable ("Name of the document type"), justified. As a rule, the text is the most voluminous element of the employment contract.

When the text of the employment contract is located on two or more pages, the latter, with the exception of the title (first), are numbered. The pages of the document are numbered in ascending order in Arabic numerals. Page numbers are indicated in the middle of the top margin. Dots after page numbers are not used.

The mark on the presence of an application is applied when drawing up an employment contract if the latter has annexes (for the main types of annexes to an employment contract, see below). This takes into account the following:

a) if the attachment (attachments) to the document is mentioned in the text of the employment contract, then the mark about the presence of the attachment is drawn up one or two intervals below the last line of the "Text" variable as follows:

application: for 3 liters. in 1 copy. (for bound attachments, the number of sheets is not indicated);

b) if the employment contract has an attachment that is not mentioned in the text, then a mark on its presence is drawn up as follows:

application. The employee's obligation not to disclose information constituting a commercial secret of the enterprise, per 1 sheet. in 1 copy.

A mark about the presence of an application, in turn, also having an application, is drawn up as follows:

Application. The employee's obligation not to disclose information constituting a commercial secret of the enterprise and an annex to it, only 2 pages. in 1 copy;

c) if there are several annexes to the employment contract, the corresponding mark is drawn up as follows:

Application:

1. The obligation of the employee to not disclose information constituting a commercial secret of the enterprise, per 1 sheet. in 1 copy.

2. The obligation of the employee about the need to work at the enterprise for at least the period specified in clause ___ of the contract in connection with ___, for 2 liters. in 1 copy.

3. <...>etc.

We emphasize that annexes to an employment contract must also be signed by the employee and the employer. The signature (signatures) under the application is drawn up in accordance with the rules provided for the registration of the "Signature" variable (see below).

Signature - a requisite of a document, which is a duly executed handwritten signature of the person authorized to sign the corresponding document (GOST R 51141-98). In our case, such persons are the employee and the employer.

The elements of the requisite, in addition to the handwritten signature (personal signature), are: the name of the position of the person who signed the document, as well as the decryption of the signature, including the initials and surname of the person who signed the document. This is how the employer's signature is drawn up. The signature of an employee who, until the moment the document is signed by the other party, cannot be appointed to the relevant position (by issuing an order for employment, see below), includes only his own handwritten signature with a transcript.

The peculiarity of the design of this props is the inclusion of additional elements in its composition. Thus, the locations of the signatures of the employee and the employer are indicated by appropriate marks, which are drawn up by analogy with the component of the "Approval stamp" variable (see below) and include the word "employee" ("employer"), supplemented with a colon, in a separate line. In addition, taking into account the sequential procedure for signing an employment contract (first, this is done by the employee, then by the employer), the date of the signature is included in the requisite, on the basis of the later of which the date of the document is then determined.

The signatures of the employee and the employer are located at the same level, symmetrically, one or two intervals below the last line of the Attachment Mark attribute.

Below, at intervals, information about the parties to the employment relationship is indicated. It seems legitimate to consider information about the parties to the labor relationship as an independent requisite of an employment contract. This attribute, despite a certain similarity of its name with the name of the "Addressee" attribute, unlike the latter, is not provided for by GOST R 6.30-2003 and, accordingly, performs an independent function, consisting in fixing information about:

legal and / or actual address of each of the parties to the employment relationship;

documents proving the identity of the employee and employer - an individual;

Employer's TIN.

In the event that an employment contract is signed by a representative of the employer, for example by the head of the HR department of an organization, the text must contain information that allows the identity of the representative to be identified, and the basis by which he is empowered (for example, in the form of a reference to a power of attorney).

The location of the requisite is performed at the same level, symmetrically: on the left - information about the employee, on the right - about the employer. If both the legal and actual addresses are indicated as part of the requisite (for the employee, respectively, the registration address and the address of permanent residence), then notes are made about this. V similar case information about the addresses of each of the parties is arranged in two "tiers".

A document approval stamp is a requisite expressing the consent of an organization that is not the author (developer) of the document, with the content of the latter (GOST R 51141-98). This requisite is used only in cases where the employment contract, for one reason or another, is subject to external agreement with the interested parties, including in order to assess the validity of the content of the document, its compliance with legislation, regulatory legal acts and management decisions previously adopted by the relevant organizations ( governing bodies (authorities)). For example, the stamp of approval of the document is included in the details of the approximate employment contract with the head of the Federal State Unitary Enterprise, the form of which was approved by the order of the Ministry of Property of the Russian Federation of December 11, 2003 N 6946-r.

The signature stamp of the document includes the word AGREED (without quotation marks, in capital letters), the name of the position of the person with whom the agreement is being made, including the name of the organization whose interests this person authorized to submit, his signature, as well as the date of approval. If the interested parties have objections to the content of the employment contract, the approval stamp of the document is not signed until this issue is settled between the organization - the author (developer) and the organization with which the approval is being made.

The document approval stamp is located one or two intervals below the last line of the "Signature" variable.

Visa (visa) document approval - props expressing consent or disagreement official organization - the author (developer) of the document, with the content of the latter.

The document approval visa includes the name of the position of the person with whom the approval is being made, including the name of the structural unit, his signature, as well as the date of approval. If interested parties have objections (comments, suggestions, etc.) on the content of the employment contract (as a whole or its individual provisions), a corresponding note is made about this.

The document approval visa is located one or two intervals below the last line of the "Approval stamp" variable, and in its absence - below the last line of the "Signature" variable.

In accordance with the Methodological Recommendations of VNIIDAD (2003), draft documents of the organization, as a rule, are sent for internal approval to officials of the financial, economic and other services, the organization's lawyer, the head of the preschool educational institution (if necessary), as well as the deputy head of the organization, in charge of which is the question (direction) of the activity, touched upon in the content of the draft document. Comments (proposals) to the draft document can be submitted by interested parties on separate sheets attached to the draft document and pre-signed and dated by the relevant officials of the organization.

Taking into account the specifics of the functional purpose of the employment contract in accordance with GOST R 6.30-2003, it is allowed to issue approval visas at the bottom of the reverse side of the last sheet of the original (a copy that remains at the employer's disposal and is placed in the employee's personal file or another matter in accordance with the business nomenclature of the enterprise, see below) of the document. As a rule, it is not practiced to sign a sheet of paper of an employment contract.

A seal imprint is used to certify the authenticity of the signature of an official (in this case, an employer) on a document. The need to certify the signature with a seal is determined by the decision of the head of the enterprise.

Note in this regard that in accordance with Appendix 8 to the Methodological Recommendations of VNIIDAD (2003), contracts are classified as management documents subject to certification by a seal, since the contract fixes the rights of the relevant persons (in relation to an employment contract, the rights of an employee and an employer) ... Certification of the authenticity of the signature of an official can be done by affixing an imprint of a round seal of the enterprise indicating the name of the latter or another seal, for example, the seal of the personnel department, a seal specially designed for certifying employment contracts, etc.

The listed seals, in addition to the name of the enterprise (structural unit, type of document), may have an image of the emblem (logo) of the enterprise, as well as other necessary details. The procedure for certifying the signatures of officials on the relevant documents is determined by the instruction on the use of seals, which is approved by the head of the enterprise.

It is necessary to draw the attention of dear readers to the order of arrangement of this requisite, since the last is still not established by the current legal acts, including GOST R 6.30-2003. Nevertheless, the Methodological Recommendations of VNIIDAD (2003) prescribe to put an imprint of the seal in such a way that not only the signature to be certified, but also all the information on the imprint is clearly visible.

For this purpose, in particular, it is allowed to place a seal imprint in a free space without touching the signature. In the event that the form of the employment contract is pre-equipped with a mark indicating the location of the seal imprint (M.P., a circle of the corresponding diameter outlined with a thin light line, etc.), the seal imprint should be placed directly on top of such a mark. In the event that the form does not contain such a mark, the seal is affixed within the zone of the location of the requisite, established by GOST R 6.30-2003.

Immediately before placing the print, it is recommended to orient the corresponding mechanical device in such a way that the information printed on the print surface can subsequently be read naturally without any difficulty. In addition, it is necessary to ensure that the print is sufficiently saturated for subsequent reproduction on copies of the document made by photocopying, as well as for transmission via facsimile communication channels. The color of the stamp ink used to reproduce the seal should, as far as possible, contrast with the color of the official's signature to be certified.

A note on the certification of a copy of the document is drawn up only on copies of the employment contract. Let us clarify that general order the issuance of copies of documents related to work to employees is determined by article 62 of the Labor Code of the Russian Federation. The requisite includes the certification inscription "True", the name of the position of the person who certified the copy, his signature, as well as the date of certification, for example:

Deputy head of the preschool educational institution, signature S.T. Ukhova

The use of an imprint of a seal to certify copies of documents (see above) is determined in accordance with the company's instructions for the use of seals. Note in this regard that, according to the Methodological Recommendations of VNIIDAD (2003), duplicated copies of documents of a normative (legal) nature should be certified with the seal of the enterprise, the seal of the relevant structural unit, for example, the office of an organization, or a seal specially designed for certification of copies.

The mark about the executor includes the initials and surname of the executor of the document, for example, an employee of the personnel department of the enterprise, who was entrusted with the preparation of an employment contract, as well as a telephone number by which he can be contacted, if necessary. The artist's mark is located on the front or back side of the last sheet of the document in the lower left corner, for example:

I.I. Ivantsova

The identifier of the electronic copy of the document includes the name of the file on a machine medium, as well as the date and other search data set by the organization. The ID of the electronic copy of the document is located in the lower left corner of each page of the document, for example: D: docs \ dou \ d-inst \ 05 \ di11.doc.

Let us further consider the features of the design of individual details of the employment contract on the letterhead of the organization using computer software and hardware. In accordance with the Methodological Recommendations of VNIIDAD (2003), for the preparation of draft management documents, it is advisable to use personal computers equipped with printing devices (printers), with operating system(OS PC) to ensure the proper functioning of the Word for Windows text editor.

To display an employment contract, it is recommended to use fonts such as Times New Roman Cyr (Arial Cyr, Courier New Cyr) and a letter size corresponding to 12-15 point size. For explanatory text in a document, the font size can be slightly reduced. The choice of a specific value for the font size in each specific case is made by the official who is entrusted with the preparation of the employment contract, independently, taking into account the above recommendations and based on the rules in force in this regard at the enterprise.

So, in accordance with standard instruction for office work, management documents should be displayed with line spacing of one or two lines. The optimal value of the indentation is considered to be 1.25 (1.27) mm.

Ultimately, the choice of the values of the above parameters should provide convenience in working with the employment contract (including at the stage of its signing by the parties), its clarity and compactness. In connection with the last remark, let us clarify that there is no specific regulation regarding the scope of the employment contract.

It is understood that the content of the document, on the one hand, should disclose all the main issues to be fixed in the employment contract, and on the other, be as short and concise as possible, which will reduce the time required for reading (studying) it. Based on the practice of preparing labor contracts, the volume of a document of 2 - 3 pages of A4 format (210 x 297 mm) with normal filling can be considered as optimal, and the volume of 5 pages - as the limit.

In accordance with GOST R 6.30-2003, documents of enterprises are drawn up on forms. The preparation of an employment contract should be carried out on the form of a specific type of document or on the general form of the organization.

Since the average length of an employment contract in most cases exceeds one page, the forms are used to draw up the first page of the document. The subsequent pages of the employment contract are drawn up on sheets of writing paper with the appropriate characteristics.

The general form of the company can be used to draw up an employment contract in the event that the company, for some reason, does not have for this purpose the forms of the corresponding type of document.

The following details are mandatory for the general letterhead of the organization: the logo of the organization or trademark(service mark), name of the organization, place of compilation (publication) of the document. In addition, on the front surface of the general letterhead of the organization, it is allowed, if necessary, to apply boundary lines to indicate the areas of the location of some other details, including the date of the document, the registration number of the document and the title to the text.

The execution of labor contracts concluded with employees employed in separate structural divisions of the enterprise (branches, representative offices, territorial offices, etc.) can be carried out on the forms of the corresponding divisions if, according to the powers granted, their heads are endowed with the right to sign the forms and labor contracts concluded with employees subordinate to them.

Let's clarify that the forms of the separate structural divisions of the enterprise have the same set of details as the general forms of the enterprise. When registering individual requisites, the relevant features should be taken into account, in particular, those concerning the "Organization name" variable.

The use of forms of employment contracts is justified if the enterprise constantly publishes significant amount relevant documents. We also note that, taking into account the specifics of the functional purpose of an employment contract, it is most preferable to use a longitudinal form for its preparation.

To conclude employment contracts with various categories of employees, it is allowed to use various types of document forms - an employment contract form with an employee from among managers, an employment contract form with an employee from among specialists, an employment contract form with an employee from among technical executors, etc.

The following details are mandatory for the form of an employment contract: the logo of the organization or a trademark (service mark), the name of the organization, the name of the type of document, the place of compilation (publication) of the document. On the front surface of the form of an employment contract, it is allowed, if necessary, to apply boundary lines to indicate the areas of the location of some other details, including the date of the document, the registration number of the document and the title to the text.

For the manufacture of forms of employment contracts, white or light-colored paper is used. Forms must have margins with dimensions not less than: on the left, top and bottom - 20 mm, on the right - 10 mm. When drawing up an employment contract on several pages, they must all have the same margins.

The production of employment contract forms is carried out by means of computer technology, except for cases when instead of the "Organization emblem" props there is the "State emblem of the Russian Federation" or "State emblem of the Russian Federation" props, indicating that the organization belongs, respectively, to federal management structures (authorities) or management structures (authorities) of the subject of the federation.

For the purpose of proper accounting of the forms of employment contracts, registration serial numbers may be applied to them. Placing of numbers is made by typographic method or with the help of a special numerator. The arrangement of numbers, as a rule, is made within the form fields (except for the top one). At the same time, the location of numbers on another free area of the form is allowed, provided that this does not impede the perception of the text of the employment contract.

Another commentary on Art. 57 of the Labor Code of the Russian Federation

1. Bearing in mind that an employment contract, like any other contract, can be considered as a legal fact of law, as an agreement of the parties - a source of subjective rights and obligations of the parties, as a legal model labor relations and a written document (see paragraph 1 of the commentary to Art. 56), one can accordingly distinguish the content of an employment contract as a legal fact, an agreement of the parties, an employment relationship and a written document. The commented article, interpreting the content of the employment contract exclusively in its last meaning, i.e. as a written document, formulates a certain system of requirements for the content of this document, in other words, for the form of an employment contract.

It is necessary to distinguish between the concepts of "details" and "conditions" of the contract. The details of the contract as a written document are the entire set of information contained in it. The details of the contract are, in particular, data on the place of its conclusion, on the parties to the contract, the rights and obligations of the parties that are non-contractual in nature, etc. The terms of the employment contract are developed by the parties and, therefore, represent an agreement between the employee and the employer on certain aspects of the interaction of the parties within the framework of the employment relationship. The terms of the employment contract constitute its content as an agreement of the parties and, as a general rule, are included in the contract as a written document as its details.

Part 1 of Art. 57 of the Labor Code of the Russian Federation establishes the obligatory indication in the concluded employment contract of such requisites as its subject composition - the surname, name, patronymic of the employee, as well as the name of the employer (surname, name and patronymic of the employer - an individual).

When formulating information about an employer - a legal entity, one should also indicate information about its representative (body) and the legal basis that allows it to act on behalf of the employer, including concluding employment contracts. In accordance with Art. 53 of the Civil Code of the Russian Federation, a legal entity acquires civil rights and assumes civil obligations through its bodies acting in accordance with the law, other legal acts and constituent documents. As a rule, employment contracts are concluded by the head of the organization. The latter is recognized as an individual who, in accordance with the law or the constituent documents of an organization, manages this organization, including performing the functions of its sole executive body (see part 1 of article 273 of the Labor Code of the Russian Federation and a commentary on it).

Legislation (part 2 of article 273 of the Labor Code; clause 3 of article 103 of the Civil Code; article 69 Federal law dated December 26, 1995 N 208-FZ "On Joint Stock Companies") establishes cases when the management of an organization is carried out under an agreement with another organization (management organization) or individual entrepreneur(to the manager). In such cases, when concluding an employment contract, the details of the contract are indicated on the basis of which the managing organization or individual manager acts.

In large organizations, the right to conclude employment contracts may be granted not to the director, but to one of the leaders of the organization (for example, the HR director of a joint-stock company). In this case, the employment contract indicates the basis on which the relevant manager acts (for example, an order general director on the redistribution of powers to manage the organization or regulation, other local regulatory legal act).

By virtue of paragraph 3 of Art. 55 of the Civil Code of the Russian Federation, heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney. The power of attorney issued to the head of a branch (representative office) may establish the right of the head to conclude labor contracts on behalf of a legal entity and to dismiss employees. In this case, not only the name of the employer (legal entity), but also the surname, name and patronymic of the head, is indicated in the concluded employment contract, and a reference is made to the corresponding power of attorney. At the same time, it is not excluded that the head of a separate structural unit may carry out activities to conclude labor contracts with employees of this unit and on the basis of an order from the head of a legal entity on the redistribution of powers.

It is customary to understand the terms of the contract under which, by virtue of the law, an agreement of the parties must be reached, as well as conditions on the inclusion of which at least one of the parties insists in the content of the contract. Therefore, the conditions are considered material if they are necessary and sufficient to reach an agreement.

Taking into account the above, the conditions of the employment contract, recognized as essential, must be divided into two groups: 1) the conditions under which the parties must, in accordance with the legislation, reach an agreement; 2) conditions established on the initiative of either the employee or the employer. Accordingly, the conditions that make up the content of the employment contract are usually divided into two groups: mandatory (necessary) and additional (optional).

3. Mandatory (necessary) are the conditions that determine the legal nature of the contract as a labor contract. The obligation of certain conditions of the contract serves as a guarantee of the protection of interests weak side, which, as a rule, is an employee. Consequently, mandatory conditions are essential features of an employment contract. The parties must reach an agreement on each such condition and fix it in the contract. By virtue of Art. 57 of the Labor Code of the Russian Federation, the following conditions can be classified as mandatory (necessary):

1) agreement on labor function. Since the subject of an employment contract is living labor, then on this subject, i.e. regarding the quantitative and qualitative characteristics of labor, the parties must reach an agreement. The labor function means qualitative characteristics - the type of labor and its qualifications. The simplest way to define the job function is to indicate in the contract the profession, specialty and qualifications or position in which the employee will work. However, this is possible if the work is depersonalized, not directly related to personal qualities employee. In such a case, a simple indication in the contract of a profession, specialty and qualification or position, the specific requirements for this type of work (what an employee who has assumed this job function should know and be able to do) are determined in a non-contractual manner - the so-called tariff and qualification characteristics (reference books) or job descriptions.

At the same time, the qualitative characteristics of labor are often associated with the personal qualities of the employee. Then a simple indication of the position in the contract is not enough to determine the content of the labor function (for example, an employee replaces the position of director commercial enterprise). In this case, the labor function is described in the contract by listing the main activities of the employee, as well as his rights and responsibilities in the position.

As for the quantitative characteristics of labor, usually the very fact of concluding an employment contract means that the employee takes on the obligation to fulfill the established production standards, to obey the rules of internal work schedule... However, in a number of cases, the employment contract may indicate the quantitative indicators of labor, the achievement of which is assumed by the employee. So, in an employment contract with the head of the enterprise, a condition may be established that by the end of the term of the contract the employee undertakes to raise the profitability of the enterprise by a certain percentage.

When formulating in the employment contract the content of the labor function assumed by the employee, one should take into account the indication of Part 2 of Art. 57 of the Labor Code, by virtue of which, "if, in accordance with federal laws, the provision of compensation and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and the requirements specified in the qualification reference books approved in accordance with the procedure established by the Government of the Russian Federation. " In general terms, this procedure is specified by the relevant decree of the Government of the Russian Federation (Decree of October 31, 2002 N 787 "On the procedure for approving the Unified tariff and qualification reference book of work and professions of workers, the Unified qualification reference book of the positions of managers, specialists and employees"). The unified tariff and qualification reference book of workers' jobs and professions and the Unified qualification reference book of the positions of managers, specialists and employees should contain qualification characteristics the main types of work, depending on their complexity, as well as the requirements for the professional knowledge and skills of workers. The federal government bodies for labor, it was instructed to organize, together with the federal executive authorities, which are entrusted with the management, regulation and coordination of activities in the relevant sector (sub-sector) of the economy, the development of a Unified tariff and qualification reference book of work and professions of workers, a Unified qualification reference guide of positions of managers, specialists and employees and order their application, as well as to approve the specified reference books and the procedure for their application;

2) agreement on the place of work. The place of work is the organization (the employer's business area), within which the employee's labor is supposed to be used. V modern conditions should separate the concepts of "employer" and "place of work". Such a distinction, as a rule, does not matter for small organizations - employers, but it is very important for legal entities, in organizational structure which there can be many structural units or divisions, clearly delimited from each other from a technical (technological) point of view, organizationally or geographically. For example, a joint stock company may own a number of manufacturing enterprises manufacturing various products, as well as institutions (design institutes, healthcare institutions, etc.); in the structure of the university, as a rule, not only various faculties are represented, but also research institutes; etc. These structural units of an employer - a legal entity are not always located in the same locality according to the existing administrative-territorial division. In such conditions, the categories of the employer as the parties to the employment contract and the employee's place of work do not coincide: the employer will be an organization - a legal entity as a whole, and the employee's place of work is an organization or institution as a closed organizational and technological complex located in a certain place in which his labor is used. As a general rule, the formal criterion for determining the place of work of an employee can be that enterprise (institution) where work books are maintained and stored.

Article 57 of the Labor Code of the Russian Federation in its previous edition prescribed to indicate in the employment contract, along with the place of work, the structural unit in which the employee's labor will be applied. Currently, this requirement applies only to separate structural divisions (branches and representative offices) of a legal entity. Accordingly, by indicating these separate structural divisions in the employment contract, the parties thereby determine the place of work of this employee. As far as can be judged, the legislator, using the expression "branch, representative office and other separate structural unit", interprets the latter as a category broader than a branch or representative office. If this is the case, then not only a branch or representative office (the legal status of which is determined by civil law), but also any structural unit of an organization located in another locality, should be considered isolated (in the organizational and technical sense), i.e. geographically, and therefore organizationally delimited from the location of the organization.

In addition to branches and representative offices (separate structural divisions), a structural division of an organization should be understood as departments, workshops, sections, etc. (part 3, clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2). By concluding an employment contract, the parties have the right to clarify the place of employment of the employee in relation to a particular structural unit of the organization.

Finally, the parties can stipulate in the employment contract workplace, i.e. a specific unit, mechanism, machine, object with which the employee interacts while carrying out his labor activity (see article 209 of the Labor Code of the Russian Federation and the commentary to it);

3) agreement on the validity of the contract in time. This condition of the employment contract includes: a) the beginning of the employment contract; b) the date of commencement of work; c) the term of the contract; d) the moment of its end.

The moment of commencement of the employment contract is determined according to the rules established by Art. 61 of the Labor Code of the Russian Federation (see article 61 of the Labor Code of the Russian Federation and the commentary to it).

When formulating a condition on the validity of an employment contract in time, it should be borne in mind that the legislation recognizes as the main type an agreement concluded for an indefinite period (part 2 of article 58 of the Labor Code of the Russian Federation). When concluding an employment contract for an indefinite period, it indicates the start date of its validity. A fixed-term employment contract indicates the validity period and the circumstance (reason) that served as the basis for its conclusion in accordance with the Labor Code of the Russian Federation and other federal laws (see article 59 of the Labor Code of the Russian Federation and the commentary to it).

Since the employment contract is of a continuing nature, by concluding it, the parties cannot but agree on the conditions for the validity of the contract in time. In the event that the contract is concluded for an indefinite period, the specified condition can be agreed either by default or by a corresponding clause in the text of the contract as a written document. When concluding a fixed-term employment contract, the parties must stipulate this as an essential condition of the contract;

4) agreement on wages. Within the framework of of this condition the employment contract is recorded: the size wages(wage rate or official salary of an employee, additional payments, allowances and incentive payments); the procedure for its payment (the right to an advance payment, the amount of the latter, the place and procedure for payment of wages, etc.);

5) an agreement on the mode of work and rest. Working hours and rest hours refer to those conditions of an employment contract regarding which the parties cannot fail to reach an agreement by concluding an employment contract. As well as the term of the contract, the condition in question can be established by default (in this case, it should be considered that the parties have reached an agreement on the employee's work under the conditions of the work and rest regime established general rules applicable for the given employer). In the same case, if the working hours and rest hours differ from those generally accepted in the employer's organization, an agreement on this account with an indication of the working regime established for the employee is recorded in the text of the employment contract as an essential condition that constitutes its content;

6) an agreement on the nature of work (mobile, traveling, on the road, other nature of work) is one of the essential conditions of the employment contract. At the same time, this condition can be established in two ways.

In the first version, the specified agreement is an element of the agreement on the labor function: by defining the position or profession or specialty, the parties thereby simultaneously establish a condition on the nature of the work. In this case, the nature of the work can be concretized by the relevant instructions for the position or the tariff and qualification characteristics of the profession (specialty), with which the employee must be familiarized when concluding an employment contract before it is signed by the parties (see article 68 of the Labor Code of the Russian Federation and a commentary to it).

In the second option, if it is necessary to individualize the nature of the work in relation to this particular employment relationship, it (i.e. the nature of the work) becomes the subject of negotiations between the parties and is recorded in the text of the employment contract as a condition that constitutes an element of the content of the contract.

4. The legislator considered it necessary to emphasize (part 3 of Art. 57) that if at the time of the conclusion of the employment contract, it did not include any information and (or) conditions from those specified in Part 1 and 2 of Art. ... 57, this is not a basis for recognizing an employment contract as not concluded or terminating it. In this case, the agreement must be supplemented with missing information (conditions). In this case, 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.

It should be noted that such a clarification of the legislator seems quite reasonable, if only the employment contract is interpreted solely as a written document. Indeed, an employment contract, unlike, say, notarial deeds, is not and cannot act as a strictly formalized document, therefore the absence of certain details in its text does not discredit the document itself as a whole; missing details can be filled in the form and in the manner prescribed by law.

At the same time, if you interpret the employment contract in the proper sense of the word, i.e. as an agreement that gives rise to the rights and obligations of the parties in the labor relationship arising on its basis, it immediately becomes clear that the solution proposed by the legislator is essentially a departure from the problem. Indeed, it is possible to complete the contract as a written text with an additional agreement regarding a particular condition, but this is despite the fact that the parties have reached agreement on the relevant condition. But what decision should be made when a fundamental lack of agreement is found?

Until the time when the solution to this problem is not worked out by judicial practice, two possible options her decisions. Firstly, if disagreements regarding a specific condition were discovered and were not resolved before the employee began work, the contract should be considered not concluded, i.e. non-existent. Secondly, if the same situation emerged after the employee started work, the employment contract must be recognized as concluded and entered into force; accordingly, if it is discovered that it is impossible to resolve the disagreement, it must be terminated. The grounds for termination of the contract may be the agreement of the parties (see Art. 78 of the Labor Code of the Russian Federation and the commentary to it) or, if the employment contract is terminated at the request of the employee, the employee's initiative (see also the commentary to it).

It seems that a similar approach should be applied with respect to those conditions of the employment contract, which are defined by the Code as additional (part 4 of article 57 of the Labor Code of the Russian Federation).

5. Additional (optional) terms of the employment contract are established at the initiative of the parties (employee or employer). Their absence in the text of the contract does not call into question the employment contract itself - it will be valid even without additional conditions. However, if the interested party insists on the inclusion of a particular condition in the contract, it must be included, otherwise the employment contract will not be concluded. In this sense, all additional conditions are essential. For example, a pre-trial condition included in an employment contract at the request of the employer is no less significant than a part-time clause introduced into the contract on the initiative of both the same employer and the employee.

Additional (optional) conditions of the employment contract are also the conditions on non-disclosure of secrets protected by law (state, official, commercial and other), on the employee's obligation to work after training for at least the period established by the contract, if training was carried out at the expense of the employer, as well as other conditions ( h. 4 art. 57).

For the test at hiring see Art. Art. 70, 71 of the Labor Code of the Russian Federation and commentary to them.

Non-disclosure of secrets protected by law (state, official, commercial and other) is also referred to by the law as optional conditions of an employment contract.

State secret - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the country. The list of information constituting a state secret is a set of categories of information, in accordance with which information is classified as a state secret and classified on the grounds and in the manner established by federal legislation (Article 2 of the Law of the Russian Federation of July 21, 1993 N 5485-1 " On state secrets "). The list of information constituting a state secret is contained in Art. 5 of the aforementioned Law, as well as in the Decree of the President of the Russian Federation of November 30, 1995 N 1203 "On approval of the List of information classified as state secrets."

The conclusion of an employment contract for work in this area is possible subject to the admission of the person concerned to state secrets. The procedure for admitting officials and citizens to state secrets is determined by Art. 21 of the Law of the Russian Federation "On State Secrets" and by-laws (see article 65 of the Labor Code of the Russian Federation and the commentary to it). The mutual obligations of the employer and the person registered for work are reflected in the employment contract, the conclusion of which is not allowed until the end of the relevant inspection by the competent authorities (Article 21 of the Law of the Russian Federation "On State Secrets").

A commercial or official secret is information in the case when it has actual or potential commercial value due to its unknown to third parties, there is no free access to it on a legal basis and the owner of the information takes measures to protect its confidentiality (Article 139 of the Civil Code; clause 2 Article 3 of the Federal Law of July 29, 2004 N 98-FZ "On Commercial Secrets").

Thus, a commercial or official secret has three characteristics: a) the information that constitutes it is unknown to third parties; b) this information is closed from free access to it; c) the owner of the information ensures its protection from access by third parties.

The question of the commercial value of information, as well as the degree of its popularity for third parties, is decided by the owner of the information. As for the other two signs of commercial (official) secrets, they must be legally formalized. First of all, a range of information is determined that cannot constitute a commercial (official) secret. Information that cannot constitute an official or commercial secret is determined by law and other legal acts (Article 139 of the Civil Code of the Russian Federation).

Thus, Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market" determines the procedure and mandatory forms for disclosing information on securities(chap. 7).

In accordance with Federal Law No. 98-FZ of July 29, 2004 "On Commercial Secrets" (Article 5), a commercial secret regime cannot be established in relation to the following information:

3) on the composition of state or municipal property unitary enterprise, state institution and on their use of the funds of the respective budgets;

4) about pollution the environment, state of fire safety, sanitary-epidemiological and radiation conditions, safety food products and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of every citizen and the safety of the population as a whole;

5) on the number, on the composition of employees, on the remuneration system, on working conditions, including labor protection, on the indicators of industrial injuries and occupational morbidity and on the availability of vacant jobs;

6) on the debt of employers for the payment of wages and other social payments;

7) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for committing these violations;

8) on the conditions of tenders or auctions for the privatization of objects of state or municipal property;

9) on the size and structure of income non-profit organizations, on the size and composition of their property, on their expenses, on the number and remuneration of their employees, on the use of free labor of citizens in the activities of a non-profit organization;

10) on the list of persons entitled to act without a power of attorney on behalf of a legal entity;

11) the obligatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

The annual financial statements of the organization, with the exception of indicators classified as state secrets under the legislation of the Russian Federation, are open to interested users - banks, investors, creditors, buyers, suppliers, etc., who can get acquainted with the annual financial statements and receive copies of them with reimbursement of costs to copy. Moreover, the organization should provide an opportunity for interested users to familiarize themselves with the financial statements, and in cases stipulated by the legislation of the Russian Federation, the organization publishes the financial statements and the final part of the auditor's report (clauses 89, 90 of the Regulations on accounting and accounting statements in the Russian Federation, approved by the Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n).

Along with the formulation of a range of information that cannot constitute a commercial (official) secret, the legislation defines the signs of information that is confidential and not subject to disclosure. In accordance with the Decree of the President of the Russian Federation of March 6, 1997 N 188 "On approval of the List of confidential information", this type of information includes information:

a) facts, events and circumstances privacy citizen, allowing to identify his personality (personal data), with the exception of information to be disseminated in the means mass media in cases established by federal laws (on the protection of personal data of an employee, see Articles of Chapter 14 of the Labor Code of the Russian Federation and a commentary to them);

b) constituting the secrecy of the investigation and legal proceedings;

c) official, access to which is limited by state authorities in accordance with the Civil Code of the Russian Federation and federal laws (official secret);

d) associated with professional activities, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws (medical, notarial, attorney's secret, privacy of correspondence, telephone conversations, postal items, telegraph or other messages, etc.);

e) associated with commercial activities, access to which is limited in accordance with the Civil Code of the Russian Federation and federal laws (commercial secrets);

f) on the essence of the invention, utility model or industrial design prior to the official publication of information about them.

Thus, characterizing certain information from the point of view of their confidentiality, three groups of information can be distinguished, which: a) in accordance with the law cannot be confidential (closed for access to third parties); b) is confidential by virtue of a direct indication of a regulatory legal act of the state or an order of its competent official; c) is recognized as not subject to publicity by its owner - a private individual or legal entity.

The duty to ensure the confidentiality of information belonging to the second group is imposed on the person concerned by a direct prescription of a regulatory legal act or an official of the state. So, the information that became known to the employee of the body of recording acts civil status in connection with state registration civil status act, are personal data, belong to the category of confidential information, have limited access and are not subject to disclosure (Article 12 of the Federal Law of November 15, 1997 N 143-FZ "On Acts of Civil Status").

Information about the fact of applying for medical help, the state of health of a citizen, the diagnosis of his disease and other information obtained during his examination and treatment, constitute a medical secret. The citizen must be confirmed the confidentiality guarantee of the information transferred to him. It is not allowed to disclose information constituting a medical secret by persons who became aware of it during training, performance of professional, official and other duties (Article 61 of the Fundamentals of the legislation of the Russian Federation on the protection of citizens' health of July 22, 1993).

Accordingly, the employer is obliged to familiarize the employee with a range of information that, by virtue of the law and the specifics of the work function performed by the employee, are not subject to disclosure. The employee's obligation not to disclose this information is included in the employment contract as an essential condition of the latter.

As for information related to the third group, the employer must determine the range of relevant information in the order of local rule-making (or in job description, or in a special position). In this local regulatory act, it is advisable to establish the categories of employees, the degree and procedure for their access to information constituting a commercial (official) secret, as well as the types of persons and organizations, at whose request all or part of confidential information can be transferred to them. Information about the employee's familiarization with the relevant local act and his duty to ensure the confidentiality of information is included in the employment contract as an essential condition.

In particular, it is advisable to carry out such measures when organizing work with the personal data of an employee (see articles of Chapter 14 of the Labor Code of the Russian Federation and a commentary to them).

If the information is personalized, i.e. is directly related to the personality of the employee, then the data about it and the employee's obligation to refrain from disclosing it are recorded in the employment contract.

As follows from the Federal Law of July 29, 2004 N 98-FZ "On Commercial Secrets" (Articles 10 - 11), measures to protect the confidentiality of information taken by its owner should include:

1) determination of the list of information constituting a commercial secret;

2) restriction of access to information constituting a commercial secret by establishing a procedure for handling this information and monitoring compliance with this procedure;

3) registration of persons who have gained access to information constituting a commercial secret, and (or) persons to whom such information was provided or transferred;

4) regulation of relations on the use of information constituting a commercial secret by employees on the basis of labor contracts and counterparties on the basis of civil law contracts;

5) drawing on material carriers (documents) containing information constituting a commercial secret, the stamp "Commercial secret" indicating the owner of this information (for legal entities - the full name and location, for individual entrepreneurs - the surname, name, patronymic of a citizen who is individual entrepreneur, and place of residence).

The trade secret regime is considered established after the owner of the information constituting a commercial secret takes these measures.

Measures to protect the confidentiality of information are considered reasonably sufficient if:

1) access to information constituting a trade secret is excluded for any person without the consent of its owner;

2) it is possible to use information constituting a commercial secret by employees and transfer it to counterparties without violating the commercial secret regime.

In order to protect the confidentiality of information, the employer is obliged:

1) familiarize, against receipt, an employee whose access to information constituting a commercial secret is necessary for him to fulfill his job duties, with a list of information constituting a commercial secret, the owners of which are the employer and his counterparties;

2) to familiarize the employee, on receipt, with the trade secret regime established by the employer and with the measures of responsibility for its violation;

3) create the necessary conditions for the employee to comply with the trade secret regime established by the employer.

An employee's access to information constituting a commercial secret is carried out with his consent, if this is not provided for by his labor duties.

On the employee's obligation 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, as an optional condition of the employment contract, see Art. Art. 207, 249 of the Labor Code of the Russian Federation and a commentary to them.

The parties can agree on the implementation by the employer in favor of the employee of additional payments or the provision of benefits of a social nature. In particular, the parties may establish as a condition of the employment contract an agreement on supplementary insurance for the employee. The essence of this agreement is that the employer assumes the obligation to insure the employee on the terms proposed by a particular insurance organization or to provide additional insurance for the employee on the terms worked out by the parties to the employment contract.

At the same time, the employer should take care that such payments (as well as the provision of other benefits and advantages to individual employees) have real grounds, because otherwise it is possible to violate the norms of labor legislation on the inadmissibility of discrimination in the world of work ().

The list of additional (optional) conditions of the employment contract, contained in Art. 57 TC is not exhaustive. By concluding an employment contract, the parties have the right to agree on any other conditions that can both concretize the content of the employment relationship, and relate to other aspects of the relationship between the parties. So, the parties can agree on the use of his tool by the employee in the process of work, the procedure for the employer to provide services for the delivery of the employee to the place of work and back, household and social and cultural services for the employee and his family members at the expense of the employer, etc.

In this regard, there are restrictions on the scope of definition of additional (optional) conditions and their content, namely:

1) it is unacceptable in the employment contract to establish conditions related to the restriction of the rights and freedoms of the employee as a person and citizen. By virtue of Art. 17 of the Constitution of Russia, fundamental human rights and freedoms are inalienable and belong to everyone from birth, therefore their content cannot be the subject of any contract, including labor.

For example, society guarantees everyone freedom of conscience, religion, including the right to profess, individually or jointly with others, any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them (Article 28 of the Constitution of the Russian Federation). Consequently, the labor contract cannot include conditions related to the refusal of the employee from a certain religion, transfer to another denomination, etc. An exception is an employment contract concluded with religious organization(see the articles of Chapter 54 of the Labor Code of the Russian Federation and the commentary to them).

By virtue of Art. 30 of the Constitution, everyone has the right to association, including the right to form trade unions to protect their interests. The freedom of activity of public associations is guaranteed. Accordingly, the terms of an employment contract that provide for renunciation of membership in a trade union or, conversely, mandatory membership in any trade union, will be unconstitutional.

Exactly on the same grounds (Art. 29 of the Constitution), conditions on refusal of membership in a certain political party or membership in a certain party cannot be established in an employment contract.

Everyone's constitutional right to education (Article 43) excludes the possibility of securing in the employment contract a condition on refusal to study in educational institution... At the same time, the condition of the employment contract, which provides for the obligation to obtain the education necessary to improve the qualifications of an employee, cannot be recognized as inconsistent with the Constitution.

Finally, the general constitutional principle of individual freedom, which implies freedom to dispose of oneself and is embodied in a number of articles of the Constitution of the Russian Federation, determines the unconstitutionality of the terms of an employment contract, which implies a permanent or for a certain period of time refusal to marry, have children, or exercise other family functions;

2) transactions aimed at limiting legal capacity or legal capacity are null and void, except for cases when such transactions are permitted by law (Article 22 of the Civil Code of the Russian Federation). It follows from this that it is unacceptable in an employment contract to establish conditions related to the restriction of the civil legal personality of individuals (both an employee and an employer);

3) the terms of the employment contract are not recognized as legal, which change the norms of legislation that are of a mandatory (imperative) nature. For example, it is impossible to change the order of consideration of individual labor disputes since this order is imperatively regulated by law; it is impossible to include in the agreement the terms of non-disclosure of information that does not constitute a commercial or official secret;

4) it is unacceptable to establish conditions in the employment contract, the implementation of which is associated with the obligation of third parties, i.e. persons who are not a party to the contract. At the same time, the conclusion of an employment contract may be accompanied by the conclusion of other agreements that do not contradict the law, including those of another industry, with the participation of the parties to the employment contract and third parties, implying the imposition of obligations on their parties in connection with the concluded employment contract;

5) the labor contract does not include conditions that worsen the employee's position in comparison with those established by the collective agreement (agreement) or labor legislation (Article 3 of the RF Law of March 11, 1992 N 2490-1 "On Collective Agreements and Agreements"; Art. 9, part 3 of article 57 of the Labor Code of the Russian Federation).

In all these cases, such conditions of the employment contract are invalid (null and void).

6. A number of circumstances that are determined in Art. 57 as mandatory or additional conditions of an employment contract, depending on their legal nature, can be referred to the number of essential conditions of an employment contract, but they may not be them, acting either as the so-called normal conditions of an employment contract or being completely outside the agreement parties.

For example, compensation for hard work and work with harmful and (or) hazardous working conditions, if the employee is hired in appropriate conditions, as well as the characteristics of working conditions at the workplace may be determined by state standards or collective agreements (agreements) and, therefore, not being the product of direct negotiations between the parties, they cannot be classified as mandatory (essential) conditions of an employment contract. However, since in principle they can be changed by agreement of the parties, these conditions can be considered the usual terms of the employment contract. The meaning of the latter lies in the fact that the parties reach an agreement on them by means of silence. It is enough for the employee to familiarize with them, about which a corresponding entry is made in the employment contract. At the same time, situations are possible when there are no general standards or the work of this employee is used in exceptional conditions that impose special requirements on the protection of his health. In this case, it becomes necessary to individualize the characteristics of working conditions, as well as the types and amounts of compensation and benefits to employees for working in difficult, harmful and (or) dangerous conditions, which should be done within the framework of an employment contract. In this case, the specified conditions are modified into the quality of the essential (random) conditions of the employment contract.

A similar assessment can be given to other conditions arising from labor legislation, collective agreement (agreement), local regulatory legal acts (i.e. acts issued by the employer).

A significant part of the norms of labor legislation is of an imperative and dispositive nature. The legal nature of these norms lies in the impossibility of deteriorating the employee's position in relation to that established by law, but in the admissibility of improving this situation. Consequently, the parties can either agree that they are subject to the current labor legislation, or establish other, more favorable rules for the employee. Accordingly, in the first case, the terms of agreement between the parties arising from the norms of labor legislation can be recognized as the usual terms of an employment contract; in the second case, these normal conditions are modified by the parties as essential (random) terms of the employment contract. These are the conditions that are specified "in relation to the working conditions of this employee" rights and obligations of the employee and the employer, established by labor legislation and other regulatory legal acts containing labor law norms.

The exact same approach applies to conditions arising from legal sources such as a collective agreement, agreement or local regulation.

7. All the listed conditions are the terms of the employment contract as a contract, ie. the result of a direct or indirect expression of the will of the parties or of one party, agreed with the other party. At the same time, Art. 57 of the Labor Code of the Russian Federation identifies conditions in the content of an employment contract that, from this point of view, are not contractual, since their content does not depend on the will of the parties.

Among such conditions, one should first of all indicate the types and conditions of social insurance directly related to work (part 2 of article 57). However, as you know, the types and conditions of social insurance are determined by the state exclusively in a regulatory manner and, thus, are beyond the discretion of the parties to the employment contract. Being a non-contractual condition, social insurance of an employee cannot be an element of the content of an employment contract. The inclusion of provisions on the social insurance of the employee in the employment contract, apparently, is aimed at informing the employee about the content of the relevant legislation. Such information is possible in two ways.

A clause is simply added to the text of the agreement, the wording of which may sound like this: "Types and conditions of social insurance - in accordance with the current legislation."

It seems more acceptable to familiarize the employee with the provisions of the legislation on the types and conditions of social insurance directly related to work, about which a corresponding entry is made in the employment contract.

Exactly the same approach has to be taken when assessing the rights and obligations of the parties arising from peremptory norms formulated by labor legislation and other regulatory legal acts containing labor law norms (part 5 of article 57 of the Labor Code of the Russian Federation). The imperative nature of these rules means that their content, in principle, cannot be changed by agreement of the parties, moreover, if such changes are made, they cannot be recognized as valid. Thus, the rights and obligations of the parties arising from the peremptory norms of the law are non-contractual in nature, which means that they cannot constitute the content of an employment contract as an agreement of the parties. Entering them, as well as data on the conditions of compulsory social insurance of an employee, into the text of an employment contract as a written document pursues an exclusively informational task. Consequently, these and other similar circumstances should be referred to the category not of the terms of the employment contract, but to the category of information; therefore, their absence in the text of the agreement does not at all relieve the parties from the implementation of the corresponding non-contractual rights and obligations.