Employment contract for a watchman - sample. How to draw up an employment contract with a watchman? Sample employment contract for night watchman
The procedure for dismissing the general director of an LLC is somewhat more complicated than terminating a contract with an ordinary employee. What is the difference - read in.
There are different types of awards. Read in detail about the main types.
Nuances
Since the watchman’s work is shift work, the contract can provide for summarized accounting 
working hours with a period of a year or quarter. In this case, the total processing time per year should not exceed 120 hours. That is, with a 24-hour shift, the company must have at least 4 guards.
This is because the number of shifts in a week or month may vary and the total time worked may differ from the norm according to the production calendar.
In the watchman's contract, you can specify the workplace: the place of work indicates the address of the company, and the workplace indicates the address of the protected facility.
A watchman is not a security guard, these are different positions. The watchman cannot be entrusted with security functions and actions to catch intruders; he can only inspect the territory, check the locks and report to his superiors about the emergency. But additional security functions can be assigned.
If the protected object is secret, the contract must include a condition on non-disclosure of commercial, official or state secrets.
An employee can work as a watchman at night and as a watchman during the day. This condition must be fixed in the contract.
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The Contractor is obliged to: - Provide services for the safety of the property of the “Customer’s” objects; - During duty, prevent the appearance of unauthorized persons in the territory entrusted to the “Contractor”; - Protect property from encroachment by persons who do not have the right to dispose of it; - About all incidents during duty, accidents, fires, encroachments on property, immediately report to the officials of the “Customer” responsible for this property and the protection of objects; - Take primary measures to eliminate fires and accidents. 2.2. The “Customer” is obliged to: - Provide the “Contractor” with the work stipulated by the Agreement; - Create the necessary conditions for the “Contractor” to fulfill its duties; - Within the time limits established by this Agreement, pay for the services of the “Contractor”. 3. Payment procedure 3.1.
Civil contract for a watchman (sample)
Advice: if the performer receives remuneration regularly, instead of one long-term civil contract, enter into separate monthly contracts or provide for an advance payment system. In a civil contract, do not provide for regular monthly payments. Otherwise, he may be recognized as employed (letter from the Ministry of Finance of Russia dated February 11, 2005 No.
No. 03-05-02-04/25). 6. When determining the content of a civil contract, be guided by Chapters 37 and 39 of the Civil Code of the Russian Federation, and not Article 57 of the Labor Code of the Russian Federation. Therefore, do not include labor law terms in the text of the contract. Instead of the words “employer” and “employee”, use the words “customer” and “performer” or “contractor”.
The word “salary” should be replaced by the concept “remuneration”. Do not use terms such as “working time,” “rest time,” “vacation,” etc.
Civil contracts
While on duty, security personnel are prohibited from: 1) being distracted from the performance of official duties and engaging in matters not directly related to the security of the Facility; 2) drink alcohol and go to work under the influence of alcohol or drugs; 3) leave a post without the permission of the relevant officials; 4) conduct conversations on official topics with outsiders, give them any information about the work of security, home telephone numbers of security officers and the protected Object; Get the full text 5) accept objects and documents from someone for transfer; 6) sleep on duty; 7) allow unauthorized persons into the post. 3.5. Actions of security officers in extreme situations. 3.5.1.
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Unlike a staff accountant, relations with an accountant-entrepreneur are not of a labor nature, but of a civil law nature. This means that the Labor Code norms do not apply to such relationships. The parties in this case are guided only by the norms of the Civil Code.
in particular ch. 63 this
Attention
Code. And PFU at one time, in a letter dated November 9, 2006 No. 14663/03-30, listed marketing, consulting, and accounting among the services that are regulated by the service agreement. legal and audit services. However, when entering into such GPAs, be careful. The fact is that inspectors often strive to reclassify their relations from civil law to labor. Unfortunately, the courts often agree with them (see, for example, the decision of the Supreme Administrative Court of Ukraine dated 02/07/2012
in case No. K-19381/10. Resolution of the Court of Appeal of the Rivne region dated June 24, 2018 No. 556/1116/16-g). 1. The Subject of the Agreement.
Agreement for the security of an object with an individual sample form
In case of detection of breaking of doors, windows, locks, locks, broken seals and seals or other violations of the integrity of the premises, as well as the activation of a fire alarm, security officers are obliged to: 1) carefully inspect the Facility, and if there are unauthorized persons, take measures to detain them ; 2) ensure the protection of the scene of the incident, traces and material evidence located on it until the arrival of police officers. Identify witnesses and eyewitnesses of the incident; 3) immediately report the incident to the head of security of the Facility, the management of the Facility and the police. 3.5.2. If explosive devices, explosive materials and other suspicious objects are discovered at the Facility, security personnel are obliged to: 1) immediately inform law enforcement agencies, the rescue service and the prosecutor's office, while indicating their full name.
Is it possible to draw up a civil contract with a watchman?
Object accompanying documents or invoices for import (export) and removal (removal) of property; 4) detain persons who have entered or are attempting to enter the protected Facility contrary to the established procedure, who violate public order on the territory of the protected Facility, or whose actions give reason to suspect their intention to cause other damage to the protected Facility; 5) deliver to the security office premises persons suspected of an offense related to encroachment on protected Objects; 6) in case of emergency, use physical force in order to prevent damage to the protected Object and its employees, as well as to repel an attack on security personnel in accordance with the current legislation of the Russian Federation; 7) if necessary, take measures to protect the scene of the incident until law enforcement officers arrive. 3.4.
Why were traffic police with security guards re-qualified as employment contracts with guards?
Important
Under the contract for the provision of paid services, the Contractor undertakes, on the instructions of the Customer, to provide the services specified in clause 1.2 of this agreement, and the Customer undertakes to accept and pay for these services. 1.2. The Contractor undertakes to provide the following services: 1.3. The period during which the Contractor is obliged to provide services under this agreement is established: from “ ” 201.
until “ ” 201. During this period, the Contractor independently determines time intervals for the provision of specific services specified in clause 1.2. of this agreement, but at the same time notifies the Customer about the time of provision of services so that the latter can accept them properly. The Contractor has the right to complete the provision of services ahead of schedule. 2.1.3.
Info
Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare, Ministry of Health of Russia When concluding a civil law contract, it is necessary to take into account a number of features. 1. Labor relations presuppose that an employee performs work in a certain specialty, qualification or position (Article 15 of the Labor Code of the Russian Federation). The work is performed throughout the entire duration of the employment contract.
Unlike an employment contract, what is important for a civil agreement is not the process of work, but its result, which the performer is obliged to deliver to the organization. As a rule, if the work (services) is completed and accepted, then the person’s obligations to the organization regarding them cease (clause 1 of Article 408 of the Civil Code of the Russian Federation). The presence of such a criterion, which distinguishes an employment contract from a civil law one, is confirmed by arbitration practice (see, for example, paragraph.
Civil contract for the provision of watchman services
- Indication of the parties' responsibilities in case of failure to fulfill obligations under the contract.
At the beginning of the contract text, it is necessary to indicate the full name of the customer and the person responsible on the customer’s side, as well as their passport details. At the end of the text of the agreement, it is necessary to write down the details of the parties and affix a seal and signature. The subject of the contract should describe the protected object itself in as much detail as possible, and also establish the regime under which security activities will be carried out.
Features of an agreement for the protection of an object with an individual The document comes into force from the moment when both parties to the transaction sign it. The contract can be renewed automatically if both parties agree to continue to cooperate with each other. When one party expresses a desire to terminate the contract for the protection of a certain object, it must inform the other about this.
Civil contract for the provision of watchman services
K/800/33718/13. Another important point regarding security guards. Security activities are licensed (part 1 of article 1, part 1 of article 5 of the Law of Ukraine “On Security Activities” dated March 22, 2012 No. 4616-VI). Therefore, only an entrepreneur can provide security services on the basis of the GPA. which has the appropriate license.
If there is no license, the contract may be declared invalid. But if the enterprise does not require the security guard to ensure the inviolability of the protected object, but is content with simple supervision of this object, then, in our opinion, it is possible to do without a license. The main thing is to correctly indicate in the contract the scope of work (services) that the citizen is obliged to perform (provide) for you.
The fact that relationships with IT specialists can be built on the basis of the GAP is also confirmed by the courts (determination of the Kharkov Administrative Court of Appeal dated July 4, 2012.
Verification of compliance of the quality of the Services provided with the requirements provided for in this Agreement can be carried out with the involvement of independent experts. 5. Dispute resolution procedure 5.1. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the parties. Claim review period: within 3 days from receipt. Get full text 5.2. If it is impossible to resolve disputes through negotiations, the parties have the right to submit them for consideration to the Arbitration Court of the Khanty-Mansi Autonomous Okrug-Yugra. 6. Termination of the Agreement 6.1. This Agreement may be terminated: - by agreement of the Parties; - on the grounds provided for by the civil legislation of the Russian Federation. 7. Other conditions 7.1. All annexes to this Agreement are an integral part of it. 7.2.
Contract with the guard, job description
Contract with the watchman
Moscow region, ____________ district, _________ village, SNT _________
from ___ ____________20__
Horticultural non-profit partnership "_________", represented by the Chairman of the Board Ivanov I.I. acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and _____________________________________, hereinafter referred to as the Employee, on the other hand, and together referred to as the Parties, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this civil law agreement, the Employee undertakes to perform the duties of a watchman at SNT “_________” in accordance with the Job Description of a watchman at SNT “_________” (Appendix No. 1), located at the address: Moscow region, ___________________ district, _______ village, near the village. ____________. and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employment contract was concluded for the period from 01/01/2013 to 12/31/2013.
1.4. If you continue to perform your duties after the expiration of the contract, the contract is automatically extended for a new period, but not more than three years.
2. Rights and Obligations of the parties
2.1. The employee has the right to:
Payment of remuneration in the amount and in the manner provided for in this agreement
Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law
2.2. The employee is obliged:
Maintain labor discipline
2.4. The employer is obliged:
Comply with civil and labor legislation and other regulatory legal acts containing labor law norms
Pay the full amount of remuneration due to the Employee within the time limits established by this agreement.
Introduce the Employee, against signature, to the adopted local regulations,
directly related to his work activity
Compensate for damage caused to the Employee in connection with his performance of labor
obligations, as well as compensation for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation
3.1. The employee performs work in accordance with the schedule: _________________________
3.2. The duration of the Employee's daily shift is 12 hours.
3.3. The Employee's rest period between shifts is 12 hours.
3.4. The employee is granted annual paid leave of
28 calendar days.
3.5. An employee may be granted leave without pay in accordance with current labor laws.
4. Terms of payment
4.1. The employee is paid a salary of ________________________________
4.3. During the period of validity of this agreement, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.
5. Responsibility of the Parties
5.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.
6. Final provisions
6.1. Disputes between the Parties arising during the execution of this agreement are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for in this agreement, the Parties are guided by the legislation of the Russian Federation governing labor relations.
6.3. The agreement is concluded in writing, drawn up in two copies, each of which has equal legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.
6.4. This agreement may be terminated on the grounds provided for by current labor legislation.
7. Details and signatures of the Parties
Employer: SNT “_________” INN 111111111
Chairman of the Board of SNT "_________" ___________ Ivanov I.I.
Worker: ______________________________________________________________
EMPLOYMENT CONTRACT
with a watchman
in the face. acting on the basis. hereinafter referred to as “Employer”, on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as the “Employee”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman). and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employment contract is concluded for an indefinite period.
1.3. The employee is required to start working in 2015.
1.4. The probationary period for employment is one month.
1.5. Work for the Employer is a place of work for the Employee.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee has the right to:2.5. The parties have other rights and perform other obligations provided for by current labor legislation.
3. WORKING AND REST TIME
3.2. The duration of the Employee's daily shift is hours.
3.3. The Employee's rest between shifts is hours.
4. CONDITIONS OF PAYMENT
4.1. The employee is paid a salary of rubles per month.
5. RESPONSIBILITY OF THE PARTIES
5.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.
6. FINAL PROVISIONS
7. ADDRESSES AND DETAILS OF THE PARTIES
Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
Employee Registration: Postal address: Passport series: Number: Issued by: By: Telephone:
Employment contract with a watchman (watchman) (options available: main place of work/part-time work; safe/harmful or dangerous working conditions; indefinite contract period/fixed-term employment contract with a probationary period/without a probationary period; normal mode/shift work schedule)
EMPLOYMENT CONTRACT N _____ with a watchman (watchman)
1. THE SUBJECT OF THE AGREEMENT
1.1. The Employer undertakes to provide the Employee with work as a watchman (watchman), to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and this agreement, in a timely manner and in pay the Employee wages in full, and the Employee undertakes to personally perform the functions of a watchman (watchman) and comply with the internal labor regulations in force at the Employer.
1.2. Work under a contract is the main one for the Employee (or: Work under a contract is performed in free time from the main job on the terms of internal part-time work (or: external part-time work).
1.3. The Employee’s place of work is a warehouse, building (or: structural unit, etc.) of the Employer, located at the address: _______________________.
1.4. The employee reports directly to _____________________.
1.6. The employee is subject to compulsory social insurance against accidents at work and occupational diseases.
1.7. The Employee undertakes not to disclose secrets protected by law (official, commercial, other) and confidential information owned by the Employer and its counterparties.
(Option, if necessary, if the training was carried out at the expense of the Employer: 1.9. The employee is required to work after training for at least _____ months.)
2. DURATION OF THE AGREEMENT
2.1. The Agreement comes into force on the date of its conclusion by the Employee and the Employer (or from the day the Employee is actually admitted to work with the knowledge or on behalf of the Employer or his representative).
2.2. Start date: "___"__________ ____
2.3. In order to verify the Employee’s suitability for the assigned work, the parties agreed to conduct a test within _____ months.
2.4. If the probation period has expired and the Employee continues to work, then he is considered to have passed the test, and subsequent termination of the contract is allowed only on a general basis.
3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is set an official salary (tariff rate) in the amount of _____ (__________) rubles per month.
3.2. The employer sets additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are determined in the Regulations on employee bonuses (approved by the Employer "___"________ ____), which the Employee was familiarized with when signing the contract.
If necessary, the Employer has the right to amend the Regulations on Bonuses, cancel it or accept its new version unilaterally. In this case, the Employee is notified of such changes at least ________ (at least 2 months) days before they come into force.
3.3. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount established by an additional agreement of the parties.
3.4. Overtime work is paid for the first two hours of work at one and a half times the rate, for subsequent hours - at double the rate. Based on the written consent of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
3.5. Work on a day off or a non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a day off or a non-working holiday was carried out within the monthly standard working time, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly working hours. At the request of an Employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.
3.6. Downtime caused by the Employer is paid in the amount of two-thirds of the Employee’s average salary.
Downtime due to reasons beyond the control of the Employer and Employee is paid in the amount of two-thirds of the official salary, calculated in proportion to downtime.
Downtime caused by the Employee is not paid.
3.7. The Employee's wages are paid by issuing cash at the Employer's cash desk (option: by transfer to the Employee's bank account) every half month on the day established by the Internal Labor Regulations.
3.8. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.
4. WORKING TIME AND REST REGIME. HOLIDAYS
4.1. The employee is given the following working hours: _____________ with the provision of _____ day(s) off ___________________.
4.2. Start time: ____________________.
Closing time: ____________________.
(Option for shift work: 4.1. The duration of working hours for the Employee is 48 hours per week with shift work in accordance with the shift schedule approved by the Employer: two (three, four) shifts.
4.2. The duration of the shift is ___________ hours.
1st shift: start - ___ hours ___ minutes end - ___ hours ___ minutes
2nd shift: start - ___ hours ___ minutes end - ___ hours ___ minutes
3rd shift: start - ___ hours ___ minutes end - ___ hours ___ minutes
4th shift: start - ___ hours ___ minutes, end - ___ hours ___ minutes.)
4.3. During the working day, the Employee is given a break for rest and food from _____ hours to _____ hours, which is not included in working hours.
The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months.
Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of provision of annual paid leave established by the given Employer.
The Employee must be notified by signature of the start time of the vacation no later than two weeks before its start.
4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the Employer.
5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE
5.1. Job responsibilities of the Employee:
Checks the integrity of the protected facility (locks and other locking devices, fire-fighting equipment), the serviceability of alarms, telephones, lighting together with a representative of the administration or a shift watchman.
If malfunctions are identified (broken doors, windows, locks, lack of seals and seals, etc.) that do not allow the object to be taken under protection, he reports this to the person to whom he is subordinate, the administration representative and the officer on duty at the police department and protects traces of the crime until arrival police representatives.
If a fire occurs at the facility, raises the alarm, notifies the fire brigade and the police officer on duty, and takes measures to extinguish the fire.
Carries out duty at the entrance of an enterprise, institution, or organization.
Provides access for employees, visitors, and vehicles to the territory of the enterprise, institution, organization and back upon presentation of the relevant documents.
Verifies relevant documents with the actual availability of cargo.
Opens and closes the gate.
Carries out the reception and delivery of duty with the corresponding entry in the log.
Maintains the entrance premises in proper sanitary condition.
If a shift does not arrive at the appointed time, he reports this to a representative of the administration of the protected facility.
5.2. Worker:
5.2.1. Complies with internal labor regulations, labor discipline, labor protection and labor safety requirements.
5.2.2. Treats the Employer's property with care (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and the property of other employees.
5.2.3. Immediately notifies the Employer of the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).
5.2.4. By order of the Employer, he goes on business trips in Russia and abroad.
5.3. The employee has the right to:
Amendment and termination of the contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws
Providing him with work stipulated by the contract
A workplace that complies with state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any)
Free provision of special clothing, special footwear and other personal protective equipment in accordance with established standards
Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed
Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave
Complete reliable information about working conditions and labor protection requirements in the workplace
Professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws
Association, including the right to create and join trade unions to protect their labor rights, freedoms and legitimate interests
Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any)
Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement (if any), agreements
Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law
Resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws
Compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws
Compulsory social insurance in cases provided for by federal laws.
5.4. The rights and obligations of the Employee 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 arising from the terms of the collective agreement and agreements.
6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER
6.1. The employer has the right:
Change and terminate the contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws
Encourage the Employee for conscientious and efficient work
Demand that the Employee fulfill his job duties and take care of the property of the Employer (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with the Internal Labor Regulations
Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws
Adopt local regulations
Conduct certification of the Employee in accordance with the Certification Regulations in order to identify the real level of professional competence of the Employee
Conduct an assessment of the Employee’s performance in accordance with the Regulations on Labor Performance Assessment
With the consent of the Employee, involve him in the performance of certain tasks that are not part of the Employee’s job responsibilities
With the consent of the Employee, involve him in performing additional work in a different or the same profession (position) for an additional fee.
6.2. The employer is obliged:
Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, and the terms of a collective agreement (if any)
Provide the Employee with work stipulated by the contract
Provide the Employee with equipment, tools, technical documentation and other means necessary to perform job duties
Provide the Employee with equal pay for work of equal value
Pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), and the Internal Labor Regulations
Conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation
Provide the Employee's representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation
Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity or position in the organization
Timely comply with the instructions of the federal executive body authorized to carry out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising control and supervision functions in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms
Consider submissions from the relevant trade union bodies and other representatives elected by the Employee about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to the specified bodies and representatives
Create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any)
Provide for the Employee’s everyday needs related to the performance of work duties
Carry out compulsory social insurance of the Employee in the manner established by federal laws
Compensate for harm caused to the Employee in connection with the performance of labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation
Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, a collective agreement (if any), agreements, and local regulations.
6.3. The rights and obligations of 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 Employer arising from the terms of the collective agreement and agreements.
7. CONDITIONS OF ADDITIONAL EMPLOYEE INSURANCE. PROVIDING ADDITIONAL SOCIAL GUARANTEES
7.1. The employee is subject to additional insurance in the manner and on the terms established by the collective agreement and (or) local regulations of the organization (if any), agreements of the parties and the current legislation of the Russian Federation.
7.2. The parties agreed on the following improvements in the social and living conditions of the Employee and his family members: _________________________.
7.3. Improved working conditions for the Employee when performing work in (at, from) _________________________.
8. RESPONSIBILITY OF THE PARTIES
8.1. A party to a contract guilty of violating labor legislation and other regulatory legal acts containing labor law norms is liable in cases and in the manner established by the Labor Code of the Russian Federation and other federal laws.
8.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.
8.3. The financial liability of a party to a contract arises for damage caused by it to the other party to the contract as a result of its culpable unlawful behavior.
8.4. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and/or inaction of the Employer.
8.5. Each party is required to prove the amount of damage caused.
9. USE OF PERSONAL PROPERTY BY AN EMPLOYEE FOR OFFICIAL PURPOSES
9.1. The Employee has the right, if necessary or in agreement with the Employer, to use personal property for official purposes (to perform his job function and/or certain instructions of the Employer). For such use of personal property, the Employer pays the Employee monetary compensation.
9.2. If there is a need for regular use of personal property, an agreement is concluded between the parties to the contract on the use by the Employee of personal property for business purposes, which specifies the characteristics of the relevant property, the procedure for its use, the amount and procedure for paying compensation for use, as well as the rights of the parties to the contract in relation to such property.
9.3. If the Employee’s property is used irregularly for official purposes, the compensation specified in clause 9.1 is paid on the basis of documents and other evidence confirming the official use of such property.
10. TERMINATION OF AN EMPLOYMENT CONTRACT
10.1. The grounds for termination of this employment contract are:
10.1.1. Agreement of the parties.
10.1.2. Termination of an employment contract at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer no later than two weeks before the expected date of termination of this agreement. The specified period begins the next day after the Employer receives the Employee’s resignation letter.
10.1.3. Termination of an employment contract at the initiative of the Employer.
10.1.4. Other grounds provided for by the labor legislation of the Russian Federation.
10.2. The day of termination of the employment contract in all cases is the last day of work of the Employee, with the exception of cases where the Employee did not actually work, but retained his place of work (position).
10.3. The Employer has the right to decide to make a compensation payment to the Employee in the amount of _______________ in the case of _________________________.
10.4. On the day of termination of the employment contract, the Employer is obliged to issue the Employee a work book and make payments to him in accordance with Art. 140 of the Labor Code of the Russian Federation. Upon written application by the Employee, the Employer is also obliged to provide him with duly certified copies of documents related to work.
11. FINAL PROVISIONS
11.1. The terms of the agreement are confidential and are not subject to disclosure.
11.2. The terms of the agreement are legally binding for the parties from the moment it is concluded by the parties. All changes and additions to the agreement are formalized by a bilateral written agreement.
11.3. Disputes between the parties arising during the execution of the contract are considered in the manner established by the current legislation of the Russian Federation.
11.4. In all other respects that are not provided for in the contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
11.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
11.6. Before signing the employment contract, the Employee is familiar with the following documents:
Regulations on bonuses dated "___"___________ ____ city N _____
Internal regulations dated "___"___________ ____ city N _____
Regulations on maintaining confidentiality from "___"___________ ____ city N _____
Employment contract with a watchman
Good day! Please, help. Will there be a violation of the Labor Code of the Russian Federation if a fixed-term employment contract for a period of 2 years is concluded with a watchman and payment is made on the basis (agreed in the labor contract) of the cost of 1 shift (24 hours) per number of shifts per month in accordance with the approved work schedule for the next month ? The cost of one shift was calculated by an economist at the enterprise.
LLC "Consultant" Filippova Lyubov Vladimirovna
A fixed-term employment contract is concluded:
for the duration of the performance of the duties of an absent employee, who, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract, retains his place of work
for the duration of temporary (up to two months) work
to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season)
with persons sent to work abroad
to carry out work beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided
with persons entering work in organizations created for a predetermined period or to perform a predetermined job
with persons hired to perform predetermined work in cases where its completion cannot be determined by a specific date
to perform work directly related to the internship and professional training of the employee
in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations
with persons sent by employment services to temporary work and public works
with citizens sent to perform alternative civil service
By agreement of the parties, a fixed-term employment contract may be concluded:
with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people)
with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature
with persons applying for work in organizations located in the Far North and equivalent areas, if this is related to relocation to the place of work
to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances
with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms
with creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations
with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership
with full-time students
with persons applying for part-time work
in other cases provided for by this Code or other federal laws.
Author of the document
Employment contract No.________
(place of conclusion of the contract) (date of conclusion of the contract)
_______________________________________________________________________
(full name of employer)
represented by ____________________________ _____________________________________,
(job title) (full name)
Hereinafter referred to as the Employee, on the other hand
The parties, collectively referred to as the Parties, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman) in __________________________________________________________________________,
(place of work indicating a separate structural unit and its location)
and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.3. The employee is obliged to start work on ___ ___________ 20__.
1.4. The probationary period for employment is _____ months.
1.5. Work for the Employer is for the Employee ___________________________________
(main or part-time)
place of work.
2. Rights and Obligations of the parties
2.1. The employee has the right to:
2.2. The employee is obliged:
2.3. The employer has the right:
2.4. The employer is obliged:
2.5. The parties have other rights and perform other obligations provided for by current labor legislation.
3. Working time and rest time
3.1. The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with continuous rest of at least 42 hours.
3.2. The duration of the Employee's daily shift is _____ hours.
3.3. The Employee's rest between shifts is ___ hours.
3.4. The employee is granted annual paid leave of 28 calendar days.
3.5. An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.
3.6. An employee may be granted leave without pay in accordance with current labor laws.
4. Terms of payment
4.1. The employee is paid a salary of _____________ rubles per month.
4.2. Wages are paid to the Employee twice a month in the manner and within the time limits established by the internal labor regulations and the collective agreement.
4.3. When performing work outside the normal working hours, at night, on weekends and non-working holidays, the Employee is paid appropriate additional payments in the manner and amount established by the collective agreement and local regulations.
4.4. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.
5. Responsibility of the Parties
5.1. In case of failure or improper performance by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.
5.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.
6. Final provisions
6.1. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.
6.3. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.
6.4. This employment contract may be terminated on the grounds provided for by current labor legislation.
7. Details and signatures of the Parties
Employer:____________________________________________________________
(full name)
Taxpayer Identification Number _______________
__________________________________ ____________________ _________________
The obligation to register an employee today is assigned to every employer (and this is also true in cases where an employment contract is drawn up between individuals). Therefore, regardless of the name of the job itself, an employment contract must be concluded for each position. In the case of a watchman or night security guard, it is also necessary to conclude an agreement that will reflect all legal conditions and working hours. And such a document must be concluded in the proper order. How to do this will be discussed in detail below.
Employment contract with a watchman - rules for filling out and sample
The general structure of such an employment contract remains unchanged. Concluded on a special local form in 2 copies. One sample is given to the employee being hired, and the other will remain in the institution’s human resources department for the duration of the relationship.
The document is filled out in a standard form and must contain the following items:
- item;
- direct rights and obligations of the parties;
- job description provisions;
- validity;
- exact terms of payment (with all possible surcharges);
- responsibility of each party;
- terms of termination.
Consequently, a contract with a guard can be drawn up according to an approximate standard template, but with the obligatory indication of essential conditions (clause 3).
These include:
- standard working time schedule;
- procedure for calculating remuneration (clause 5);
- financial liability, if any.
The document must be drawn up in 2 samples, one of which must be given to the applicant for the entire duration of the contract.
It is important not to confuse an employment contract with an effective contract. A sample of filling out each of the documents and their features are given in the article at the link.
How to draw up an employment contract with a watchman?
Legal advice in this case may not be appropriate if the required structure is followed when drawing up the example document. The main thing in the document is to pay attention to the desired schedule. If a watchman is hired as a part-time worker, then in the clause stipulating the work schedule in the contract, it will be necessary to indicate the proposed scheme. For example, this could be a schedule - one day/two days. Even if this is a temporary legal relationship, when an agreement is concluded for a specific period, wages can be calculated only from the number of days actually worked. Therefore, the number of working days in one week must be specified in the contract.
Sample employment contract for a watchman with a shift work schedule
This sample will not differ in any way from the standard one and the filling procedure will be the same. The most effective option to arrange everything properly is to clearly indicate the work schedule in paragraph 2. In this case, it is necessary to indicate the exact number of working days, transferring them to formal working hours. For example, if there are only 3 working days in a week, 72 working hours are prescribed accordingly. If the employment contract is concluded with a watchman, then the schedule can be drawn up indicating only the day.
How to draw up a fixed-term employment contract with a watchman
You can draw up such a sample according to the same principle as in all other cases. But there will be one significant difference - the document will indicate its validity period. At the same time, employers have the formal right to enter into such contracts for any period: a year, two or more. The most important thing is that paragraph 4 must indicate the deadline. If this is not done, then the agreement will be unlimited (Article 58 of the Labor Code of the Russian Federation). Therefore, if it is necessary to enter into a temporary lease, this requirement must be observed.
Rules for filling out a document with a school guard
Here the main attention should be paid to financial responsibility. In all other respects, the document follows a standard scheme and does not have any optional elements. The limits of liability are noted in paragraph 6. It is drawn up by analogy with hiring a watchman for a GSK or kindergarten.
It would also be appropriate here to attach a graphic diagram of the protected object indicating exceptions for which the hired guard will not be responsible.
An employment contract is a special document designed to regulate mutual relations between an employer and an employee. This document applies to absolutely all specialties and positions. A professionally drawn up contract (drafted out in accordance with the requirements of the Labor Code of the Russian Federation) allows one party to verify the fulfillment of obligations by the other party.
Rights and obligations of the parties
At the same time, regardless of the employee’s specialty, such a document, be it an employment contract with a watchman or with any other employee, must contain mutual rights and obligations. Thus, the employee must:
- Strictly observe labor discipline;
- Conscientiously perform his duties;
- Take care of movable or immovable property that is the property of the employer.
The obligations of the employer are regulated in the same way. He is obliged:
- Comply with the rules and regulations established by the labor laws of the country;
- Ensure the working conditions stipulated in the contract;
- Guarantee labor safety;
- Pay wages in full;
- Provide for the daily needs of its employees;
- Provide employee insurance as required by law.
Specifics of work and nuances
An employment contract with a school security guard has its own characteristics, determined by the specifics of the work. When a watchman has a shift work schedule, that is, when working during the day, the document must contain a specific indication of this: “the watchman’s work schedule (indicate full name) 2 through 2.” In such cases, it is necessary to take into account the maximum time worked for this type of work - 160-180 hours per month. This is the norm.
A sample employment contract concluded with a school custodian contains an indication of a clear definition of the employee’s working hours. Unlike other workers, whose main working time is day, for a watchman it is night. Therefore, working hours have been established - its beginning and end. Night time of the Labor Code of the Russian Federation (Part 1 of Article 96) is defined as the interval from 22.00 to 6.00.
The duration of such time for guards is not allowed to be reduced. This provision is enshrined in Part 3 of Article 96 of the Labor Code of the Russian Federation, which determines that the position of a watchman is the main job for which the employee is hired specifically and precisely under these conditions.
The object of protection of the guard can be not only a secondary school, but also any other. For example, if an employment contract is concluded with a ski school guard, then it is natural that the duration of his work and some responsibilities will differ from the time and duties of a secondary school guard.
Most often, the duty of this watchman is to protect the territory adjacent to the school, and not to bypass the ski slopes. However, in cases where it is possible to bypass, guards may be required to inspect sports fields and competitive ski slopes.
A fixed-term employment contract can be concluded with a watchman when he is hired for a certain period. It should be noted that a person can only be appointed to the position of watchman under a fixed-term contract only with his consent. A sample form of an employment contract with a watchman can be downloaded from various sites containing legal information.
If the watchman is assigned financial responsibility, then an additional agreement must be concluded. A reference must be made to this document in the main employment contract. It should be borne in mind that the watchman does not bear full financial responsibility. His responsibility can only be partial.
The 2016 sample employment contract for hiring a watchman contains all the details necessary for its conclusion, including:
- Data about the subject of the contract;
- Detailed responsibilities of the Parties;
- Schedule of working hours and rest time;
- Remuneration and conditions;
- Responsibility of the Parties.
The contract must indicate the watchman's rest time on weekends, as well as the number of rest breaks during the shift. For example, an employee has the right to rest every 12 hours for 30 minutes. This time is taken into account along with the work shift and is subject to payment in accordance with the Labor Code of the Russian Federation.
Features of work in kindergartens
Let's turn to the employment contract with the dhow watchman. It is concluded between the employee and the head of the preschool educational institution in accordance with labor legislation. The employment contract with the preschool guard 2016, in addition to the employee’s duties to protect the buildings, structures and property of the institution, obliges him to follow the “Instructions for protecting the life and health of children in the preschool.”
According to the employment contract with the kindergarten guard, the employee must obey:
- Legislative acts and Labor Code of the Russian Federation;
- The Charter and Internal Labor Regulations adopted by the administration of the institution;
- Sanitary and epidemiological requirements;
- Employment contract and job description.
In practice, it is quite common to find an employment contract to perform other part-time work with a watchman during free time from the main job. If such work is carried out under the direction of the same employer, then this is called internal part-time work, and if it is with another, it is called external part-time work.
You can work part-time no more than four hours a day. If a watchman, for example, works on an “every other day” schedule, then he has the right to work the entire shift (a whole working day) at another part-time job.
Employment contract with a watchman
in the face. acting on the basis. hereinafter referred to as " Employer", on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as " Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement", about the following:
Read also: Main institutions of labor law
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman). and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employment contract is concluded for an indefinite period.
1.3. The employee is required to start working in 2017.
1.4. The probationary period for employment is one month.
1.5. Work for the Employer is a place of work for the Employee.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee has the right to:
- providing him with work stipulated by this agreement;
- payment of wages in the amount and in the manner provided for in this agreement;
- rest;
- complete, reliable information about working conditions and labor protection requirements;
- protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
- compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;
- compulsory social insurance.
2.2. The employee is obliged:
- conscientiously perform your job duties;
- observe labor discipline;
- treat the property of the Employer and other employees with care.
2.3. The employer has the right:
- encourage the Employee for conscientious, effective work;
- demand from the Employee the performance of his labor duties and careful attitude towards the property of the Employer and other employees, compliance with labor discipline;
- bring the Employee to disciplinary and financial liability in the manner established by the Labor Code and other federal laws;
2.4. The employer is obliged:
- comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
- provide the Employee with work stipulated by this Agreement;
- ensure safety and working conditions that comply with state regulatory requirements for labor protection;
- provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;
- pay the full amount of wages due to the Employee within the time limits established by this agreement;
- acquaint the Employee, against signature, with the adopted local regulations directly related to his work activity;
- provide for the Employee’s household needs related to the performance of his job duties;
- carry out compulsory social insurance of the Employee in the manner established by federal laws;
- compensate for damage caused to the Employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation;
2.5. The parties have other rights and perform other obligations provided for by current labor legislation.
3. WORKING AND REST TIME
3.1. The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with continuous rest of at least 42 hours.
3.2. The duration of the Employee's daily shift is hours.
3.3. The Employee's rest between shifts is hours.
3.4. The employee is granted annual paid leave of 28 calendar days.
3.5. An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.
3.6. An employee may be granted leave without pay in accordance with current labor laws.
4. CONDITIONS OF PAYMENT
4.1. The employee is paid a salary of rubles per month.
4.2. Wages are paid to the Employee twice a month in the manner and within the time limits established by the internal labor regulations and the collective agreement.
4.3. When performing work outside the normal working hours, at night, on weekends and non-working holidays, the Employee is paid appropriate additional payments in the manner and amount established by the collective agreement and local regulations.
4.4. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.
5. RESPONSIBILITY OF THE PARTIES
5.1. In case of failure or improper performance by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.
5.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.
6. FINAL PROVISIONS
6.1. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.
6.3. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.
6.4. This employment contract may be terminated on the grounds provided for by current labor legislation.
7. ADDRESSES AND DETAILS OF THE PARTIES
Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
Read also: How long does it take to pay a severance payout?
Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:
Employment contract with a watchman (sample)
The specifics of a watchman's work include several nuances that must be taken into account when drawing up an employment contract.
If the guards’ work schedule is shifting, that is, 24 hours a day, then this must be reflected in the contract. For example, indicate “watchman’s work schedule, full name 2 through 2.” It is worth considering that the maximum number of hours worked per month should not exceed the norm established for this category of workers by labor legislation - 160 - 180 hours per month.
The conditions for remuneration of the guard also need to be reflected in the document. The amount of wages received must fully correspond to the amount of time worked per month. Otherwise, the employer may be subject to administrative liability.
You can conclude a fixed-term contract with a watchman if he is hired for a certain period. With a person of such a profession, a fixed-term contract is concluded only with his consent.
Rest breaks during the shift and days off for the guard must be specified in the contract. For example, “an employee has the right to rest every 6 hours for 15 minutes.” This rest is included in the work shift and is paid in accordance with the Labor Code of the Russian Federation.
If the specifics of the work involve walking around the territory, then this is also indicated in the contract, as well as the frequency of these crawls. For example, “the watchman is obliged to walk around the territory every 4 hours.” If an applicant is hired for a probationary period, its duration is indicated in the contract. In addition, working as a watchman is often a part-time job. This is also indicated.
If the watchman bears financial responsibility, then an additional agreement must be concluded with him, a reference to which can be made in the employment contract. The watchman has no right to bear full financial responsibility, only partial.
Otherwise, the employment contract with the watchman must meet the requirements of the Labor Code of the Russian Federation. It should contain the following information:
- About the employer;
- About the hired employee;
- About the working conditions of the applicant;
- About his work schedule and rest schedule;
- Rights and obligations of both parties to the contract;
- Additional guarantees and compensations;
- If an agreement on liability is attached to the contract, then it is necessary to indicate its number and date of conclusion;
- Duration of the contract;
- The presence or absence of a probationary period;
- Start date of performance of labor functions.
You can download a sample employment contract with a watchman.doc
via this link
The obligation to register an employee today is assigned to every employer. Therefore, regardless of the name of the job itself, an employment contract must be concluded for each position. In the case of a watchman or night security guard, it is also necessary to conclude an agreement that will reflect all legal conditions and working hours. And such a document must be concluded in the proper order. How to do this will be discussed in detail below.
Employment contract with a watchman - rules for filling out and sample
The general structure of such an employment contract remains unchanged. Concluded on a special local form in 2 copies. One sample is given to the employee being hired, and the other will remain in the institution’s human resources department for the duration of the relationship.
The document is filled out in a standard form and must contain the following items:
- item;
- direct rights and obligations of the parties;
- job description provisions;
- validity;
- exact terms of payment (with all possible surcharges);
- responsibility of each party;
- terms of termination.
Consequently, a contract with a guard can be drawn up according to an approximate standard template, but with the obligatory indication of essential conditions (clause 3).
These include:
- standard working time schedule;
- procedure for calculating remuneration (clause 5);
- financial liability, if any.
The document must be drawn up in 2 samples, one of which must be given to the applicant for the entire duration of the contract.
How to draw up an employment contract with a watchman?
Legal advice in this case may not be appropriate if the required structure is followed when drawing up the example document. The main thing in the document is to pay attention to the desired schedule. If a watchman is hired as a part-time worker, then in the clause stipulating the work schedule in the contract, it will be necessary to indicate the proposed scheme. For example, this could be a schedule - one day/two days. Even if this is a temporary legal relationship, when an agreement is concluded for a specific period, wages can be calculated only from the number of days actually worked. Therefore, the number of working days in one week must be specified in the contract.
Employment contract with a watchman sample 2017 free download.
Sample employment contract for a watchman with a shift work schedule
This sample will not differ in any way from the standard one and the filling procedure will be the same. The most effective option to arrange everything properly is to clearly indicate the work schedule in paragraph 2. In this case, it is necessary to indicate the exact number of working days, transferring them to formal working hours. For example, if there are only 3 working days in a week, 72 working hours are prescribed accordingly. If the employment contract is concluded with a watchman, then the schedule can be drawn up indicating only the day.
How to draw up a fixed-term employment contract with a watchman
You can draw up such a sample according to the same principle as in all other cases. But there will be one significant difference - the document will indicate its validity period. At the same time, employers have the formal right to enter into such contracts for any period. years, two or more. The most important thing is that paragraph 4 must indicate the deadline. If this is not done, then the agreement will be unlimited (Article 58 of the Labor Code of the Russian Federation). Therefore, if it is necessary to enter into a temporary lease, this requirement must be observed.
