home Internet professions What place of work to indicate. Place of work - a mandatory or additional condition. How to change this information in the contract

What place of work to indicate. Place of work - a mandatory or additional condition. How to change this information in the contract

The employment contract must comply with the requirements of labor legislation. Among the mandatory requirements is an indication of the place of work in the employment contract (part 2 of article 57 of the Labor Code of the Russian Federation). If we are talking about work in a representative office or branch located in another area, then this must be indicated, as well as the location of the unit.

What is a place of work

Despite the fact that the indication of the place of work is obligatory, the term is not defined in the legislation, as evidenced by judicial practice (Review of the Presidium of the Armed Forces of the Russian Federation of February 26, 2014). As a rule, indicate the name of the organization and its location.

That is, the place of work must be indicated, but the Labor Code of the Russian Federation does not specify exactly how, and in relation to the head office, just a city can be indicated without specifics, even without indicating the full address. For branches and subdivisions in another city, the location must be indicated.

At the same time, the indication of the place of work is of great importance for both the employee and the employer. For example, if an enterprise moves to another area of the city - is this a change in job? No, since this happens within the same locality and we are not talking about changing jobs.

Such a “vague” designation of the place of work can be important if the employer has several separate divisions in one locality, for example, shops. In this case, indicating the name of the organization as the place of work or specifying that the job will be in a “chain of stores” will mean that the employer can send the employee to any of the stores in the city chain. And even if the stores are far from each other, sending an employee to different stores will not require the additional consent of the employee.

The situation is similar with registration in a structural unit. So, for example, if an employee was admitted to a structural unit and moved by order of management within the structural unit, then this is not a transfer, but grounds for canceling the transfer that meets the requirements of par. 3 art. 72.1 of the Labor Code of the Russian Federation, no. And the employee’s arguments about changing the working hours and personal inconvenience as a result are not taken into account (Appeal ruling of the Irkutsk Regional Court dated August 18, 2016 in case N 33-11462 / 2016).

Features for a number of workers

If the employee is not in the office due to the nature of work (courier, driver, etc.), then in the employment contract the place of work must still be indicated as the name of the organization, indicating the address. It may be indicated that the work is traveling in nature.

If the contract is concluded with a remote worker, then the place of work is the location of the employee, which is important for sending on business trips and payments on them (Letter of the Ministry of Finance dated 04/14/2014 N 03-03-06/1/16788).

Place of work or workplace?

If the term “place of work” is not in the Labor Code of the Russian Federation, then this is what “ workplace", as defined in Art. 209 of the Labor Code of the Russian Federation, according to which this is the place where the employee should be. For example, if the place of work is the location of the organization, then the workplace can be specified quite specifically - for example, an accounting office, a store at an address, etc.

But the indication of the workplace is not prerequisite labor contract. However, if the parties have agreed on this condition and clearly indicated the workplace, the employer will need the consent of the employee to change it, even within the same locality.

Thus, the place of work and the workplace, although they sound similar, have a completely different legal burden:

the place of work must be specified in the contract;
workplace is not a prerequisite;
if the place of work is a locality, then within this locality the employer can move the employee, subject to the requirements of par. 3 art. 72.1 of the Labor Code of the Russian Federation;
if the workplace is specified, then changing it will require the consent of the employee.

According to article No. 57 of the Labor Code of the Russian Federation, the place of work in the employment contract must be indicated. The problem is that the Russian labor legislation does not give a clear definition of the concept of "place of work". There are no specific explanations in the Labor Code, so various interpretations are possible.

The Labor Code of the Russian Federation does not give a clear definition of the term, but in practice it means the place where the company is located. But it is not clear whether it is necessary to indicate a specific address or just the city where the main office of the enterprise is located. As for the addresses of the division of enterprises, the legislation requires that they be indicated without fail.

If only the locality is indicated without the exact address, this can cause a lot of misunderstandings. A fairly common example: if a company has several branches in the territory of one city, then the manager can send a subordinate to work in any of them. In this case, the employee expects to work at a specific facility. All these points must be decided before signing. labor agreement.

Some specifics are already visible in the wording of the RF Armed Forces. According to the court ruling, the concept of "place of work" consists of two elements:

Company name;
the locality where the organization is located (within the existing ATD).

If we make an analysis of recent judicial precedents, then during the trial they are guided precisely by the definition of the RF Armed Forces.

Under the "other locality" can mean not only another city or region, but also another state. In this case, the location of the organization means its address.

The procedure for changing data in the contract

The same employer can edit this information, that is, we are talking about the same company. For example, an employee of a company can be transferred to the same position, but to a branch in another locality. All amendments are regulated by Article No. 57 of the Labor Code of the Russian Federation. If the employer changes, the place of work in the employment contract remains the same, since the employee will have to conclude a new working agreement.

Place of work and workplace

The concept of "workplace" is defined by Article No. 209 of the Labor Code of the Russian Federation. The worker already means the specific room where the labor process(for example, the production workshop of a confectionery factory).

Important! The concepts of “place of work” and “workplace” should not be confused, since they are fundamentally different. If the first term does not have a clear definition and denotes the location of the enterprise, then the “workplace” is the room where the employee performs his work functions.

Also, these concepts are fundamentally different in terms of legal burden.

The place of work must be indicated in the contract forms, while the indication of the workplace is optional.
The place of work allows the manager to change the location of the employee within the same city, while the workplace is clearly fixed.
Changing the workplace requires agreement with the subordinate, while the place of work is changed unilaterally in the contract (you only need to warn the employee).

If you register only the workplace, then the employer will have a lot of additional legal obligations due to a change in the location of the worker (transfer). When moving, the employee has the right to file a lawsuit in court and is likely to win it, since in this case it will be considered illegitimate.

The concept of a legal address

To determine the place of work during the trial can be used legal address manager (address state registration). However, the difficulty lies in the fact that in some cases the address of the actual place of work and the legal one may not match. It turns out that the provisions of the agreement between the subordinate and the employer distort the working conditions, and this is a violation of the law.

Is it allowed to have two jobs

No, you cannot have two jobs at the same time. At the same time, the Labor Code allows you to specify two jobs in the agreement, if this is true, and the worker works at two sites.

Certain categories of workers

If the employee does not stay in the office during the performance of duties, and the work is of a traveling nature (truck driver, promoter, etc.), then the name of the company should be indicated as the place of work. In addition, the employee has the opportunity to perform duties remotely (including in another region or country). In such a situation, the legal address of the organization is considered the place of work, while the actual location of the employee is not taken into account.

The only example when a specific address needs to be indicated in a contract with employees is the profession of a shift worker. The explanation for this is the large distance between the organization and the workplace.

Name as a place of work

Some lawyers believe that it is not worth prescribing the name of the company as a place of work in an employment contract, since a third-party firm cannot act as an employer for a particular employee in any case. The name of the organization is considered to be one of the parties to the contract, but not its condition. Even if we consider the name as a condition, it cannot be agreed with the other party.

specific address

There is an opinion that the description of one settlement in the contract is not enough, therefore it is required to indicate a specific address, however, nothing is said about this in the provisions of the Labor Code. Based on article No. 57, the specific location of the employee should be prescribed only in cases where we are talking about branches located in a different area. If all units are located within the same city, then it is enough to indicate the name of the settlement.

The legal significance of the place of work

The place of work is one of the main points of the sample employment contract, so you need to make sure that the contract correctly interprets this term. Despite the ambiguity of the labor code, after analyzing all the above legal aspects and compiling their characteristics, the manager can come to a common denominator.

Incorrect execution of the contract can adversely affect the employee's work history. The Labor Code of the Russian Federation states that an employee can be fired if he is absent from the workplace for more than four hours. Often there are litigations when an employee does not agree with the amendments to the contract and does not appear at his previous workplace, as a result of which the administration representative has the right to fire him the very next day.

Also, the place where the employee of the company works undertakes to provide all the appropriate conditions. Otherwise, the subordinate may file a lawsuit.

Is it possible to indicate in the employment contract only the city as the place of work - for example, 2.3. Place of work: Moscow?

Answer

Answer to the question:

Yes, it is legal, provided that the name of the employer is also indicated.

The place of work is a mandatory condition of the employment contract, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit an organization located in another locality - a place of work indicating a separate structural unit and its location ().

The place of work is the organization itself where the worker works. An organization is characterized by its name and location. Location legal entity is determined by the place of its state registration on the territory of the Russian Federation by indicating the name of the settlement ( municipality). (). The workplace is the territory where the employee performs his duties (). The workplace, unlike the place of work, is not a mandatory condition of the employment contract ( h.h. and Thu. 57 of the Labor Code of the Russian Federation).

Thus, in your case, you have not violated the requirements of labor legislation.

I draw your attention to the fact that 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 area, the place of work is entered into the employment contract indicating the separate structural unit and its location ( par. 2 hours 2 tbsp. 57 of the Labor Code of the Russian Federation)

Details in the materials of the System Personnel:

Labor contract

How to indicate the place of work in the employment contract. Wording for head office, branch and field workers

What will be the place of work for a traveling employee
How to draw up a contract correctly if the employee was accepted into a separate unit
Is it necessary to indicate the legal address of the company as the place of work in the contract?

It would seem that a simple condition about the place of work, but it often causes controversy among personnel officers and lawyers. At the same time, the cost of a mistake is quite high. For incorrect registration, the inspector will fine the company.

Difficulties arise due to the fact that the content of this concept is not disclosed in the Labor Code of the Russian Federation. In addition, in different articles of the Code it is given different meanings. As a result, several interpretations are used in practice. Some believe that this is the locality where the company is located, others that this is the name of the company, and still others that this is the actual address of the office where the employee will do their work. In this article, we will dispel all speculation and suggest which formulations should be used.

Location for head office

Let's get straight to the point: what is a place of work?

The place of work is a specific organization with which the employee has concluded an employment contract. That is, this is not a geographical value, but a purely legal speculative concept. It is the name of the organization that must be indicated in the employment contract as the place of work.

Where did you get this from, where is it written in the Labor Code?

The Labor Code of the Russian Federation, unfortunately, does not disclose what a place of work is. Because of this, all the problems, and also due to the fact that in different articles this concept is used in different meanings. For example, in Art. 64 of the Labor Code of the Russian Federation says that it is forbidden to refuse to hire those invited in the order of transfer within a month from the date of dismissal from the previous place of work, that is, from a specific organization. And in Art. 59 of the Labor Code of the Russian Federation stipulates that a fixed-term employment contract can be concluded for work in organizations located in the Far North, if this is associated with the employee's relocation to the place of work. Here we are talking about a specific area.

But the doctrine has always been that the place of work is a specific organization. It is enough to open any commentary on the Labor Code (for example, edited by A. V. Kurennoy or Yu. P. Orlovsky). At the same time, the Supreme Court of the Russian Federation also agrees with this definition of the place of work.

Quoting the Document
"In theory labor law the place of work is understood as a specific organization located in a certain locality (settlement), its representative office, branch, other separate structural unit "().

Thus, the discussion about what a place of work is can be considered closed.

And how should the place of work be indicated in the employment contract? Write the legal or actual address of the organization?

No, you don't have to. If you specify the place of work to such an extent, then if the company moves to another office, you will have to edit all contracts with employees. And then, as we have already noted, the place of work is the organization with which the employee has an employment contract. And its location is determined by the place of its state registration ().

That is, just indicate the name of the organization and that's it?

Formally yes. But there is a risk that the GIT inspector will find fault with such a wording. They believe that it is necessary to disclose the place of work more fully. We do not agree with this, but such a risk must be taken into account. Therefore, a safe option: indicate in the employment contract the locality where the company is located and its name. Don't write anything else.

But after all, the name of the organization is already indicated in the preamble of the employment contract. Do I need to duplicate it also in the line "place of work"?

Safe option: indicate in the employment contract the locality where the company is located and its name. Write nothing more

Yes need. There are situations when the place of work does not match the name of the organization. For example, when an employee is accepted into a separate unit. In addition, the information contained in the preamble of the contract refers to information, while the place of work is a condition. So it needs to be written separately.

But will the employer have problems just because of the lack of specifics in the employment contract? After all, it will be difficult to dismiss an employee for absenteeism if only the settlement is indicated in the contract.

There will be no problems. Where the employee actually works can be indicated in any other document: job description, regulation on the structural unit, or simply fixed by order, where this or that department is located. The specifics in the employment contract, on the contrary, will harm you. In fact, in this way you indicate not the place of work, but the workplace. This is where the employee needs to appear in order to fulfill their duties (). And it, unlike the place of work, is not a mandatory condition of the contract. But if you prescribed it, then this will lead to difficulties in the work. For example, if you have two stores and you wrote the address of one in the contract, then the employee has the right to refuse to go to work in another store if you need it. Therefore, the ultimate specificity in the employment contract is the locality where the company is located.

Place of work when working in a separate unit

We accept an employee in a separate division. What should be included in an employment contract?

Depends on where it is located. If in the same area as head organization, then it is not necessary to indicate that he works in the department. You can only enter the name of the organization. And if the unit is located in another locality, then be sure to write down that the employee works in a branch, representative office, etc. This follows from Art. 57 of the Labor Code of the Russian Federation.

What needs to be specified specifically: its address or only the locality where it is located?

However, it is difficult to agree with the opinion of officials. Apparently, by the place of work they mean a certain geographical value. But, as we have already found out, the place of work is a purely legal category, denoting the organization with which an employment contract has been concluded. Therefore, the home address cannot in any way be the place of work of the employee. Even if the contract on remote work was concluded by exchanging electronic documents, the location of the employer () is still indicated as the place of conclusion of the contract. Follow the same logic when specifying the place of work.

So what wording should be used in an employment contract?

On the one hand, you can do as officials advise. You won't be penalized for doing so. But it is correct to indicate the organization as the place of work. To avoid misunderstandings and disputes with inspectors, also indicate that the work is carried out outside the location of the employer at such and such an address. It is worth remembering that if the employee decides to move, indicating the home address will require an adjustment to the contract. In this case, it makes sense to prescribe the procedure for notifying the employer about this and a simplified format for changing this term of the contract.

Natalia Pokatilova, Head of Legal Department, Adventum Consulting LLC

With respect and wishes for comfortable work, Igor Ivannikov,

Expert Systems Personnel

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In the information about the parties to the contract, when drawing up an employment contract, the name of the employer's organization appears.

In the ordinary sense, it regarded as an organization or place where a citizen works. However, in legal terms, it does not reflect these characteristics.

If we take into account the peculiarities of the nature of the work associated with its mobile features or traveling, the unit may turn out to be only a conditional address. In fact, this information does not play a significant legal role.

Based on the above, the employer is required to formulate the place of work very clearly. It is determined from two components:

employer's territory where is happening manufacturing process in the interests of the company (enterprise). Or a part of a given territory, taken out of its borders or limited from other territorial context by the scope of activity of the unit in which a certain person (group of persons) works.
Employee's workplace.

The workplace is usually understood as a separate area, separated from the rest of the company (organization) space, provided for the performance functional duties faces.

It must be provided with equipment, apparatus or special tools for the performance of labor activities. The organization of the workplace is determined by standards, established and 119 of the Labor Code of the Russian Federation.

REFERENCE: Each workplace requires certification and accreditation, in accordance with established sanitary and hygienic standards.

Based on the conditions provided by the employer, working conditions are identified that may require additional compensation for harmful or dangerous work.

Therefore, the replacement of concepts in an employment contract can lead the employer to administrative responsibility, with the ensuing legal consequences in the form of fines and other sanctions.

How to fill out the documentation correctly?

The text of the contract should contain extremely clear information about the place of work of the person, including with a remote worker employed in accordance with the norms of Article 312.2 of the Labor Code of the Russian Federation. Therefore, it is permissible to enter in this paragraph what most accurately reflects the characteristics of this parameter.

The information may be as follows:

Sometimes circumstances allow otherwise. An approximate wording of an employee record might be as follows:“The employee undertakes to fulfill the duties of a seller in the children's clothing department, branch No. 3 of the Rainbow store, located at: st. Kotovsky, d. 148.

IMPORTANT: If in some cases the unit or branch is located outside the territory of the employer, the address of the location is indicated.

It is assumed that the driver, freight forwarder or courier does not serve a shift at the workplace. In these cases, the head office or division to which the employee is attached by the nature of his activity is indicated as the place of work.

For example: "warehouse finished products No. 3 at the address: pr. Dzerzhinsky building. 127/3". The next step is to include the wording "with traveling nature of work in the city and region".

In what case is it indicated in the employment contract variable place of work? With the shift method of labor, the place where the employee will perform labor duties during the shift period is indicated, in accordance with article 297 of the Labor Code of the Russian Federation.

For example, if the head office construction company is located in Moscow, and the employee goes on a shift to the Tyumen region, you can write: “Surgut branch, at the address: Langepas, st. Lenina, d. 21.

If we are talking about a driver, then it is indicated that the nature of the work is traveling and the degree of remoteness from the address specified as a workplace is formulated. For example, "within the city of Langepas and the Surgut district of the Tyumen region."

If shift workers are deployed from one place to another, for example, they are building an oil pipeline, then the record needs to be built a little differently. The place of work is indicated as the head office or branch, depending on the greater reliability, and then it is indicated: "with a mobile nature of work."

When is a variable place of work indicated? If the distance from the main office is significant, then the place of work at which the employer is registered should be recorded, and the rest should be indicated in the conditions and nature of work. For instance: "with work on a rotational basis, in the conditions of the Far North".

In this case, the next paragraph should indicate the compensation payments that are provided for harmfulness, dangerous conditions and conditions of remoteness. Providing guarantees and compensations relies on the norms of articles 170, 187 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Article 170. Guarantees and compensations for employees involved in the performance of state or public duties

The employer is obliged to release the employee from work while retaining his place of work (position) for the period of his performance of state or public duties in cases where, in accordance with this "Code" and other federal "laws", these duties must be performed during working hours.

The state body or public association that involved the employee in the performance of state or public duties, in the cases provided for by part one of this article, shall pay compensation to the employee for the time of performance of these duties in the amount determined by this Code, other federal laws and other regulatory legal acts Russian Federation or by decision of the relevant public association.

Labor Code of the Russian Federation, Article 187. Guarantees and compensations to employees sent by the employer to professional education or additional vocational education, for passing independent evaluation qualifications

When an employer sends an employee to vocational training or additional vocational education, to undergo an independent assessment of qualifications for compliance with the provisions professional standard or qualification requirements, established by federal laws and other regulatory legal acts of the Russian Federation (hereinafter - an independent assessment of qualifications), with a separation from work, he retains his place of work (position) and "average wage» at the main place of work. Employees sent for vocational training or additional vocational education, for an independent qualification assessment with a break from work in another area, are paid travel expenses in the manner and amount that are provided for persons sent on business trips.
When an employer sends an employee to undergo an independent qualification assessment, payment for such an assessment is carried out at the expense of the employer.

ATTENTION: Any non-inclusion in the contract of conditions that worsen the position of the employee may be considered a violation of labor laws.

Below is an example of filling out the “place of work” clause in an employment contract:

Disciplinary sanctions

What if in an employment contract place of work not specified?

In addition to problems with the State Labor Inspectorate, an employer who does not indicate the specific parameters of the workplace receives additional inconvenience. A person who is absent from the workplace cannot be subject to disciplinary action.

To impose a penalty, it is required to draw up an act on the absence of a truant at the workplace within 4 hours. The basis for drawing up such an act is the condition of the employment contract signed by the parties.

If there is no indication of where the employee spends his working day, the act will not enter into legal force. In this case, an unscrupulous employee has the right to recover from the employer in court for the illegal drawing up of an act, if this led to penalties for the truant or his dismissal.

Therefore, persons with a mobile or traveling nature of work are required to indicate this condition of the nature of the work additionally. In this case, the disruption of delivery or other violation states the fact of non-fulfillment of one's obligations to the employer.

REFERENCE: If an error is discovered, if the nature of work or the address of the office is changed, construction site etc. - needs to be compiled supplementary agreement, appendix to the employment contract.

Watch a video on this topic:

Conclusion

The employer needs to distinguish between the concept of a workplace and a place of work in order to correctly enter the required information into an employment contract. Mistakes can lead to unpleasant legal consequences.

The legislation obliges the employer and his subordinate to conclude an employment agreement that will prove the legitimacy of the work carried out and serve as the basis for a number of state guarantees to both parties. So, one of its provisions is the provision on the place of work of a citizen. This information must be reflected without fail, taking into account all the nuances and characteristics of the work of the subject.

The concept of the workplace, its legislative regulation

Thus, the definition of a workplace is expressed as follows:

the area of the tenant where the enterprise or some part of it is located. It also refers to territories located outside the company, in which, nevertheless, employees of this organization work (for example, branches in neighboring cities);
direct workplace of the person.

Based on the provisions of Art. 57 of the Labor Code of the Russian Federation, the designation of the place of work as a separate item of the labor agreement of the subject is mandatory. In addition, there is Art. 209 of the Labor Code of the Russian Federation, which refers to a related concept ─ workplace. That is, these two terms ("place of work" and "workplace") are not identical, despite certain similarities.

Place of work and workplace ─ differences

"Place of work" is a necessary provision of the contract, based on the provisions of the Labor Code of the Russian Federation. If the parties have not indicated this position in it, it is necessary to draw up. In turn, "workplace" is recognized as an insignificant concept, which is prescribed in the text of the agreement solely at the will of the employer.

So, the place of work means only the specific location of the enterprise or its structural unit. The immediate space where the employee is located during the work shift is called the workplace and is regulated by Art. 209 of the Labor Code of the Russian Federation.

The workplace should be equipped with the means of labor necessary for the performance of specific job duties. When organizing the workspace, one should be guided by the provisions of Art. 21 and Art. 119 of the Labor Code of the Russian Federation.

Workplaces at the enterprise are characterized by regular testing to ensure that the real conditions correspond to the established sanitary and hygienic standards.

Also in the workplace, the presence of harmful factors that actively affect the health of the employee is determined. If any are identified, the subordinate will be entitled to compensation for work during harmful conditions. In circumstances where the employer, in order to evade its payment, carries out a substitution of concepts in the employment agreement, he will be held liable, expressed in the form of fines.

Thus, the main differences are as follows:

The place of work is strictly obligatorily fixed in the provisions of the labor agreement. The workplace, in turn, can be prescribed at the request of the manager.
The place of work implies the possibility of the employer to move the employee within the city for production purposes. The workplace is a fixed space.
To make adjustments to the position on the place of work, the employer must obtain the consent of the subordinate. Changing the workplace is legal unilaterally, provided that the employee is warned about this action.

Basic rules for filling out documentation regarding the place of work

Parties labor relations should know what to indicate in the column "place of work" in the employment contract. So, it is important that from its text it is as clear as possible exactly where the subject works, including those employees who carry out their activities remotely (those who are employed taking into account the provisions of Article 312.2 of the Labor Code of the Russian Federation).

So, the column can contain the following data:

It is also allowed to record information as follows: “Ivanova I.I. undertakes to fulfill her official duties sales assistant of cosmetics in the store "Conditional", located at the address: Moscow, st. Conditional, d. 1.

If the subject works in a separate subdivision located in another city, it is necessary to indicate the address of its location, and not the main office.

Particular attention should be paid to those categories of workers who have a variable place of work, in particular, work. So, based on Art. 297 of the Labor Code of the Russian Federation, with this method of work, it is necessary to indicate the place where the employee will work for the period of the shift. For example, if the main office of the enterprise is located in St. Petersburg, and the employee goes on a shift to Samara, then the following information should be indicated in the “place of work” column: Samara branch of the “Conditional” company, located at the address: Samara, st. Conditional, d. 1.

If shift workers can be redirected from one place to another, then the entry should be done differently. First of all, you will need to indicate the location of the main office, after which the addition “With a mobile nature of labor activity” is made.

In conditions where the distance from the main office is significant, it is necessary to indicate the name and address of the main unit in the agreement, and then make a note: “The employee performs labor activities on the basis of a rotational method in the Far North.”

After that, the amounts of payments that are due to such an employee are indicated. They compensate for the damage caused to health by harmful influences. production factors. These procedures are regulated by Art. 170 and Art. 187 of the Labor Code of the Russian Federation.

Responsibility for the absence in the employment agreement of a line about the place of work of the employee

Since the place of work in the Labor Code of the Russian Federation is defined as a necessary element of a labor agreement, its absence is a direct violation of labor legislation.

An employer who has not indicated the workplace of a subordinate in the contract creates inconvenience, since a subject who is not attached to a specific workplace cannot be held accountable.

In order for a subordinate to be punished, it is necessary to document his absence from the workplace for more than four hours. That is, a special act is drawn up taking into account the information contained in the labor agreement drawn up between the manager and the employee.

In conditions where the place of work is not fixed in the employment contract, the act of the absence of the subject at the place cannot have legal force. If its preparation led to the recovery of funds from the subject or his removal from office, subordinates have the right to even send statement of claim to the court for unreasonable execution of the document. In order to prevent such a situation, it is necessary to clearly spell out all the conditions of work, in particular, the traveling nature of the activity.

When making adjustments to the location of the main office or a separate subdivision where the subject works, it is necessary to draw up an additional agreement, which is an annex to the main contract.

Features of indicating the place of work in an employment contract with a traveling nature of work

At the moment, there is a whole list of specialties that involve labor activity of a traveling nature. These professions include couriers, drivers, taxi drivers, etc.

The traveling nature of the work must also be fixed in the employment agreement, as well as the place of work of such an employee. The place in question will correspond to the main address of the employing company, which is located in the same city where the employee operates.

This category of employed persons also includes remote employees. The place of their work is reflected in the agreement as the actual place of performance by the person of labor activity. That is, for some employees who perform their duties remotely, such a place is a home address, for other employees it may be the address of their actual location, for example, an office.

Therefore, in the labor agreement, in addition to the designation of the address, the corresponding mark on the nature of the activity - traveling or remote - must be fixed.

The nuances of indicating the place of work in the employment agreement

The main nuances of the place of work in the employment agreement include the following:

Thus, the place of work is necessary element employment agreement, which must be correctly entered. Otherwise, various conflicts and even offenses may arise.