We need any information on the transition to a contract system of remuneration from a system based on an employment contract. Who benefits from a contractual remuneration system and when - brief description, features, salary calculation Contractual remuneration system

Need any information on the transition to a contract wage system from the system to employment contract. (Medical institution)

Answer

The contract wage system involves remuneration of the employee on the basis of an employment contract concluded with the employer. Labor relations with employees are formalized according to general rule the employment contract and the law do not establish restrictions for medical workers.

Based on the text of the question, we believe that we are talking about the transition to an effective contract. The concept of “effective contract” is used in labor relations in state and municipal institutions. This concept was introduced in 2012 within the approved framework, which is aimed at improving the remuneration system in state and municipal institutions and is designed for implementation in 2012-2018.

    labor function,

Details in the System materials:

    An effective contract is an employment contract with an employee of a state (municipal) institution, which specifies job responsibilities, wage conditions, indicators and evaluation criteria operational efficiency employee. An effective contract is used to assign incentive payments depending on the results of work and the quality of government (municipal) services provided, as well as social support measures.

    For each employee, an effective contract should clarify and specify:

    • labor function,

      indicators and criteria for assessing the effectiveness of activities,

      the amount of remuneration, as well as the amount of incentives for achieving collective labor results.

    The conditions for receiving remuneration must be clear to the employer and employee. They should not allow double interpretation.

    Go completely to effective contracts state (municipal) institutions must until 2018. Consequently, it will be necessary not only to conclude effective contracts with new employees, but also to clarify and specify their contracts for existing employees before 2018. Why do you need to make changes to .

    Such conclusions follow from the totality of the provisions of the program approved by the Russian Federation and the Labor Code of the Russian Federation.

    An example of an effective contract

    The state budgetary institution "MedSanChast" hired E.V. Ivanov for the position nurse to the physical therapy office. On the day of hiring, Ivanova was signed.

    Ivan Shklovets,
    Deputy Head of the Federal Service for Labor and Employment

      Answer: How to pay a medical worker

    Salary size

    Salaries medical workers are established on the basis of the requirements for professional training and level of qualifications that are necessary to carry out the relevant professional activity, taking into account the complexity and volume of work performed.

    At the same time, the Government of the Russian Federation may establish basic salaries and salary rates for professional qualification groups. This is stated in the Labor Code of the Russian Federation.

    The salaries of medical workers in federal budgetary and government institutions are established by the heads of institutions, taking into account the approximate provisions approved by federal executive authorities. This is stated in the Decree of the Government of the Russian Federation dated August 5, 2008 No. 583.

    For example, salaries for medical workers from the federal budget scientific institutions that include clinical units are established taking into account the recommended minimum salaries for employees, which are given in the.

    In the constituent entities of the Russian Federation, medical institutions establish the salaries of medical workers in accordance with the procedure determined by the executive authorities of the constituent entities of the Russian Federation and local governments.

    Incentive payments

    The Government of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional guarantees and measures of social support for medical and pharmaceutical workers ().

    In order to stimulate high-quality work results and encourage medical workers to meet the recommended minimum salary, establish incentive payments. The decision on these payments is made by the head of the medical institution.

    Stimulants include:

      payments for intensity and high performance results;

      payments for the quality of work performed;

      payments for continuous work experience, length of service;

      bonus payments based on performance results.

    For example, for federal budgetary and government institutions, such types of payments are enshrined in the approved document.

    The amount of incentive payments can be set both in absolute value (rubles) and as a percentage of salary. These payments are not limited to the maximum amount.

    For example, for medical workers of federal budgetary scientific institutions that have clinical departments, the recommended sizes of increasing coefficients are given in.

    Acts of local government bodies may establish similar increasing coefficients for medical workers municipal institutions healthcare.

    Compensation payments

    Compensation payments can also be established for medical workers. These could be:

      payments to employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions;

      payments for work in areas with special climatic conditions;

      payments for work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night and when performing work in other conditions deviating from normal);

      allowances for working with information constituting state secrets, their classification and declassification, as well as for working with codes.

    Compensation payments are established by the Government of the Russian Federation and the constituent entities of the Russian Federation. For example, for federal budgetary and government institutions, such types of payments are enshrined in the approved document.

    The procedure for establishing compensation payments is determined in accordance with the approved bylaw.

    At the same time, for medical workers engaged in heavy work, work with harmful and dangerous working conditions, establish compensation payments in accordance with the Labor Code of the Russian Federation and.

    It is recommended that the amounts and conditions of such payments be fixed in a collective agreement, agreement, local regulations in accordance with labor legislation. You can also issue a separate document, such as a List of types of compensation payments.

    Payment to health workers in rural areas

    As a measure of social support for medical workers employed by federal government medical institutions and those living and working in rural settlements, workers' settlements, urban-type settlements, a one-time cash payment was established to compensate for the payment of residential premises, heating and lighting in the amount of 1,200 rubles. ().

    So, for example, in federal budgetary and government institutions the rules for making this payment are fixed and approved.

    Monthly cash payments are made on the basis of documents confirming the health worker’s right to it, available to institutions, without requiring additional documents.

    Supporting documents include:

      employment contract or work book;

      a copy of an identity document with a mark on the place of registration at the place of residence, or another document confirming the place of residence.

    Nina Kovyazina,
    Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health
    There is not a single mention of job descriptions in the Labor Code. But HR officers simply need this optional document. In the magazine "Personnel Affairs" you will find the latest job description for a personnel officer, taking into account the requirements of the professional standard.


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INTRODUCTION

In conditions where the results of the company’s activities depend on the work of personnel, the contract form of hiring and remuneration is an effective way to provide the enterprise with highly qualified personnel.

The legal status of highly qualified specialists with a “special” position is a contract, which, on the one hand, this employee will work at the enterprise for a certain period of time, will be held responsible for failure to fulfill duties, and on the other hand, guarantees the employee a number of working conditions (salary level, moral and living conditions and other guarantees).

There is a growing need to protect the interests of the employer in conditions of market competition by securing part-time work in a competing company, establishing liability for the disclosure of trade secrets, by stipulating the corresponding responsibilities of the employee in the contract.

Execution course work requires fundamental theoretical knowledge and practical skills in the course “Economics of an Enterprise (Organization)”, therefore it is independent scientific work requiring the application of this knowledge after studying the theoretical course

The purpose of the work is to study the theoretical foundations of contractual remuneration and calculate the technical and economic indicators of the enterprise.

Job objectives:

· consider the theoretical foundations of the essence and principles of using the contract system of hiring and remuneration;

· analyze the existing practice of using the contractual remuneration system;

· evaluate the effectiveness of the contractual remuneration system;

· carry out the calculation of technical and economic indicators of the enterprise’s activities.

The course work covers the main topics of the discipline, connecting them into a logical chain, which allows, according to the calculations carried out, to trace the relationship of the main indicators of the enterprise (organization) and determine the result of the enterprise’s activities in the form of a feasibility study.

THEORETICAL BASIS OF CONTRACT WAGES

The concept and content of the contract wage system

The contract system is a type of non-tariff wage system that involves the conclusion of an agreement (contract) for a certain period between the employer and the contractor /3/.

An employment agreement (contract) is concluded in writing when hiring an employee, which stipulates working conditions, rights and obligations of the parties, working hours and level of remuneration, as well as the duration of the contract. The agreement also sets out the consequences that may occur for the parties in the event of its early termination by one of the parties. The contract may include both the time the employee spends at the enterprise (time-based payment) and a specific task that the employee must complete within a certain time (piece-rate payment).

By agreement of the parties, the employment contract may provide for various additional payments and allowances of an incentive and compensatory nature /1 /:

· for professional excellence and high qualifications;

· for class;

· for deviations from normal working conditions, etc.

The contract may include issues related to the provision of official transport, additional leave, living space, etc.

A contract is an employment agreement concluded in writing for a period specified in it, containing features in comparison with the general norms of labor legislation and providing for specific minimum compensation for deterioration of the employee’s legal status (Appendix).

The contract may be:

· when hiring an employee;

· with an employee whose employment contract was concluded for an indefinite period. The conclusion of a contract is carried out in connection with justified production, organizational or economic reasons.

Contracts with pregnant women, women with children under 3 years of age (disabled children under 18 years of age), employment contracts with whom were concluded for an indefinite period, are not concluded unless they consent to the conclusion of such contracts.

The main function of an employment contract is to create labor relations. The subject of an employment contract is the labor force of a specific person. Thus, from an economic point of view, an employment contract is a purchase and sale contract labor force, and by legal nature it is a labor hire agreement /5/.

Another function of an employment contract is that it serves legal form organization of labor at enterprises, institutions, farms. Through an employment contract, the distribution of labor in production is determined and the labor responsibilities of personnel are distributed.

Many terms of an employment contract are strictly regulated by law, and the parties cannot change them if the employee’s position worsens as a result, even by mutual agreement.

If the condition of the contract completely coincides with the norms established by law, then it is possible not to duplicate the legislation and not to indicate this condition. But it is necessary to consider all the terms of the employment contract, since the parties may not be aware of the existence of rules.

The employer can change most of the norms established by law to improve the employee’s situation. Of course, in this case, the terms and conditions defined by agreement between the parties must be clearly stated in the employment contract.

Contracts (agreements) refer to documents that are the most important evidence in arbitration court in case of disagreement.

In a market-type economy, the leading place is occupied by the contractual wage system.

In all sectors of the national economy two forms are used wages/5/:

· payment for the quantity and quality of manufactured products at established prices is called piecework;

· payment for the amount of time worked, taking into account the qualifications of the employee, regardless of output, is called time-based.

The level of remuneration is fixed in an agreement between employees and management, which can be individual or collective.

1.1 Concept and content of the contract wage system

The contract system is a type of non-tariff wage system that involves the conclusion of an agreement (contract) for a certain period between the employer and the contractor /3/.

An employment agreement (contract) is concluded in writing when hiring an employee, which stipulates working conditions, rights and obligations of the parties, working hours and level of remuneration, as well as the duration of the contract. The agreement also sets out the consequences that may occur for the parties in the event of its early termination by one of the parties. The contract may include both the time the employee spends at the enterprise (time-based payment) and a specific task that the employee must complete within a certain time (piece-rate payment).

By agreement of the parties, the employment contract may provide for various additional payments and allowances of an incentive and compensatory nature /1 /:

· for professional excellence and high qualifications;

· for class;

· for deviations from normal working conditions, etc.

The contract may include issues related to the provision of official transport, additional leave, living space, etc.

A contract is an employment agreement concluded in writing for a period specified in it, containing features in comparison with the general norms of labor legislation and providing for specific minimum compensation for deterioration of the employee’s legal status (Appendix).

The contract may be:

· when hiring an employee;

· with an employee whose employment contract was concluded for an indefinite period. The conclusion of a contract is carried out in connection with justified production, organizational or economic reasons.

Contracts with pregnant women, women with children under 3 years of age (disabled children under 18 years of age), employment contracts with whom were concluded for an indefinite period, are not concluded unless they consent to the conclusion of such contracts.

The main function of an employment contract is the creation of labor relations. The subject of an employment contract is the labor force of a specific person. Thus, from an economic point of view, an employment contract is a contract for the purchase and sale of labor, and from a legal nature it is a contract for the hiring of labor /5/.

Another function of an employment contract is that it serves as a legal form of labor organization in enterprises, institutions, and farms. Through an employment contract, the distribution of labor in production is determined and the labor responsibilities of personnel are distributed.

Many terms of an employment contract are strictly regulated by law, and the parties cannot change them if the employee’s position worsens as a result, even by mutual agreement.

If the condition of the contract completely coincides with the norms established by law, then it is possible not to duplicate the legislation and not to indicate this condition. But it is necessary to consider all the terms of the employment contract, since the parties may not be aware of the existence of rules.

The employer can change most of the norms established by law to improve the employee’s situation. Of course, in this case, the terms and conditions defined by agreement between the parties must be clearly stated in the employment contract.

Contracts (agreements) refer to documents that are the most important evidence in arbitration court in case of disagreement.

In a market-type economy, the leading place is occupied by the contractual wage system.

In all sectors of the national economy, two forms of wages are used /5/:

· payment for the quantity and quality of manufactured products at established prices is called piecework;

· payment for the amount of time worked, taking into account the qualifications of the employee, regardless of output, is called time-based.

The level of remuneration is fixed in an agreement between employees and management, which can be individual or collective.

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The contract system of hiring and remuneration has become widespread in the world to regulate the remuneration of managers, scientists, and in some cases workers.

According to current legislation A contract can be concluded in three cases:

When the work itself is urgent (must be completed within a certain time frame);

When the employee himself asks for it;

When, according to the law, it is impossible to conclude a permanent contract, for example, under a contract, to hire an employee to replace a woman who has gone on maternity leave.

A contract is a type of employment contract that establishes individual conditions labor activity for a certain period.

The contract can provide for the employee’s rights to information, technical and other support for implementation official duties, to improve skills and educational level in working hours at the expense of the employer, to pay for downtime through no fault of the employee, etc. The employer has the right to control the fulfillment of the employee’s obligations under the contract.

Unfortunately, in the 90s, business managers used the contract hiring system to set uncontrollable wages for themselves.

A special section of the contract regulating the conditions for organizing remuneration takes into account the professional and qualification status of the employee and his individual abilities; complexity and significance of labor functions, practical results of activities and agreements of the parties.

Existing rates (salaries) serve only as a starting point for negotiations; contract wages may differ significantly from them. It is possible to divide remuneration into a constant (official salary) and variable (depending on performance results) share. The issue of their quantitative ratio is decided by the parties individually, depending on the nature and content of the work. In this case, the specific amount of the official salary is established taking into account the current cost of labor in a given segment of the labor market.

The variable share of earnings is determined in various ways, but always taking into account the achievement of indicators directly dependent on the employee.

A list of such indicators is developed at the enterprise; it may include growth in profit (income) and profitability, commissioning of facilities or completion of a task on time or ahead of schedule, etc.

Variable part of remuneration for company managers and structural divisions can be determined based on the growth rate of gross (net) profit, etc. Quite often, payments to executives (top managers), accrued in proportion to the profit received, are called bonuses, and the system itself is called a bonus system.



The contract may include social security conditions for the employee: one-time benefits upon retirement, permanent or temporary disability as a result of an industrial accident or occupational disease; payment medical care, including the cost of medications, medical and health procedures, etc.

4.2. Remuneration for production teams.
Use of KTU, KKU

With a team wage system, the earnings of each worker are made directly dependent on the quantity and quality of products produced by the entire team. This ensures the personal interest of the workers in the team achieving more high results labor.

The fundamental features of the organization of remuneration are that initially collective earnings are accrued to the entire team, and then it is distributed among the team members depending on their individual labor contribution. Under these conditions, the brigade team is interested in most fully and comprehensively assessing the results of the work of each team member, since the overall brigade result depends on the work of everyone.

TO general requirements factors affecting the efficiency of brigade remuneration include determining the optimal size and professional qualifications of the brigade; choosing the simplest and most effective indicators for assessing everyone’s work; correct calculation of intra-brigade production standards and piece rates; correct distribution of brigade earnings among brigade members.

When wages are paid on a time basis, the team is given standardized tasks with bonuses for their timely and high-quality completion.



The collective earnings of the brigade include time payment at tariff rates (salaries) taking into account time worked; saving the wage fund when working for an absent worker; bonuses from the payroll fund for main results production activities; bonuses and special-purpose remunerations from profits allocated for these purposes in the event that all members of the team are participants in the work.

With piecework wages, wages are accrued to the team as a whole. The total earnings of the team depend on the established piece rate (collective or individual) price per unit of production and the actual output of the team. The method of distribution of brigade earnings is chosen by the brigade itself and approved at the general meeting. The distribution depends on the type of team (specialized or complex), the method of division of labor in the team (team with full division of labor, with partial or without division), and the organizational and technical conditions of the team’s work.

The most common methods of distributing earnings in accordance with tariff categories and hours worked, as well as by tariff categories, hours worked, taking into account the coefficient labor participation(KTU). To use the KTU, it is necessary to determine which part of the earnings the KTU will apply to (for the bonus, for the additional earnings, for the bonus and additional earnings, for the additional earnings and the tariff part, or for all earnings); set the KTU range (its minimum and maximum value); establish factors that increase and decrease the CTU and the degree of their influence on the size. KTU. They prefer to set KTU in the range of 0.8–1.2 or even less, since otherwise the differentiation will be too great and can lead to conflicts in the team.

The size of the CTU is set for each employee at the end of the shift by the foreman. Based on the results of work for the month, each person is determined by the average monthly value of the KTU, which is submitted by the foreman for approval by the brigade (team council) and is used in calculating the individual earnings of team members.

The most widespread use of KTU in the distribution of collective brigade bonuses.

We discussed the general principle of using KTU earlier in the paragraph on non-tariff systems: the ratio of an individual KTU and the sum of all KTU of the team’s employees gives the employee’s share of participation in the distribution of team earnings or bonuses.

Wages based on workdays are used in artisanal cooperatives and most construction and industrial cooperatives. Daily workday rates for individual professions and positions are developed by the board of the artel and approved general meeting its members. Each employee is assigned a coefficient that takes into account education, work experience, business qualities, mastery of several professions. Remuneration for the work of the chairman of the artel, other managers and highly qualified specialists is made at the actual cost of a workday using increasing factors in the range of 1.1–2.0. Funds to pay miners are generated from the income of the artel minus mandatory payments and financial reserves. Individual wages are determined by distributing the remaining income among employees, taking into account the workdays accrued to each.

4.3. Organization of remuneration for public sector employees
and civil servants

Remuneration of labor for employees of institutions, organizations and enterprises receiving budgetary funding, with the exception of government employees public administration, is carried out on the basis of the Unified Tariff Schedule (UTS), which is a scale of tariffs and remuneration for all categories of workers in public sectors, including workers, employees, technical performers, specialists and managers. Each professional-qualification group of workers occupies a corresponding rank in the unified technical system, which takes into account not only the complexity of the work performed (job responsibilities), but also the qualifications of the employee.

Tariffication of workers occurs through their certification based on qualification requirements for general industry positions and positions specific to individual sectors of the public sector.

To carry out certification, certification commissions are created at enterprises. For each employee being certified, his immediate supervisor prepares a report containing an assessment vocational training, skill level and attitude to work.

The certification commission reviews the submission, hears the person being certified and makes a decision on the employee’s suitability for a certain position and pay grade.

The decision to establish appropriate wage grades for employees is made by the head of the organization, institution, or enterprise, taking into account the recommendations of the certification commission.

In 1992, the UTS established the principle of increasing tariff coefficients from category to category, taking into account uniform and regressive changes in coefficients. This principle assumes that the UTS is aimed at creating advantages in remuneration for workers of entry-level qualifications, which is due to the low level of the 1st category rate in conditions of the budget deficit and the economic crisis in the country.

New terms of remuneration under the Unified Trading System were adopted in agreement with all-Russian trade union associations and all-Russian employers' associations and are used not only in public sector sectors, but also in a number of enterprises in the business sector of the economy in Russia.

The minimum official salary of a civil servant is established by junior position civil service based on the cost of living, the average wage of industrial workers and public sector sectors. The difference between official salaries for previous and subsequent civil service positions cannot be less than 5% and more than 10%.

The monthly bonus to the official salary for the class rank of a civil servant is established in the amount of at least 50% of the official salary for the civil service position being filled. The monthly bonus for special conditions of public service is set at 20% of the official salary. The terms of its payment are established by the heads of federal executive bodies or their apparatuses and other government agencies.

Bonuses for civil servants are made based on the results of service for a month (quarter) and a year, as well as for the performance of particularly important tasks in the manner and under the conditions established by the head of the state body.

When forming and approving wage funds for all federal executive bodies, funds in excess of the amount allocated for the payment of official salaries to federal civil servants are provided on an annual basis.

Salary monetary allowance a civil servant is indexed in the amount and within the time frame established for public sector employees in a centralized manner. The maximum number and wage fund for civil servants are determined by the relevant legislative and regulatory acts.

4.4. Features of using commission or bonus systems
in the field of trade

Commission wages are intended for employees who work under agreements and contracts. Remuneration is established in the form of a fixed share of the income that the enterprise receives from the sale of products or services produced by employees under an employment agreement.

Most often, commission systems provide for the accrual of a certain minimum guaranteed salary, which makes it possible not to leave an inexperienced or unlucky employee completely without payment. However, there are options in which all earnings are determined as a percentage of work results, which gives us the opportunity to classify this system as a piece-rate form of remuneration. On average, we can conclude that commission percentages account for up to 80–90% in the remuneration structure of a number of employees, i.e. this cannot be considered merely as an addition to the basic guaranteed salary, as just a bonus.

As a rule, all types of agents are paid according to the commission system: commercial, trading, insurance, realtors, sellers, consultants and other employees who can directly influence the results of the enterprise and, in particular, trade turnover.

A type of commission payment is the use of the labor remuneration rate, which is used in organizations providing advisory and service services on scientific and technical developments. The amount of labor remuneration can be set as a fixed percentage of the amount of payments received by the organization under its contracts.

In general, there are various methods for determining commissions, including:

1) establishing a fixed monetary amount for each unit sold; the use of this method is aimed at maximizing product sales, which is beneficial for increasing production capacity utilization and increasing production volumes;

2) establishing a fixed percentage of the contract margin; this method is used to maximize profits while keeping production volume constant;

3) payment of a fixed percentage of the base salary upon implementation of the implementation plan; this method stimulates sales managers to fulfill the implementation plan, which determines the sustainability of the company’s activities;

4) establishing a fixed percentage of the amount of payments received by the enterprise from its counterparties as a result of work performed by a specific contractor; this system used in enterprises (organizations) providing various types of services.

It is worth noting that the salaries of some employees may be formed not from turnover, but as a percentage of actual profit, which increases their interest in increasing the profitability of the company.

It is also worth noting that it is in the field of trade that commission payment systems are becoming increasingly widespread, as they have a number of advantages:

1) allow employees to be interested in increasing trade turnover;

2) they remove from the enterprise the problem of organizing work and monitoring the use of working time, since employees themselves are interested in both the first and the second;

3) shift part of the losses in case of unsuccessful business management directly to the employees.

The main disadvantages of commission systems are the feeling of social insecurity among employees, and as a result, negativity towards management who “uses us”; reduction in the quality of services provided, for example, deceiving clients in order to increase turnover in short term, but deterioration of the company’s image as a whole.

For managers and specialists at enterprises of various forms of ownership, the previously mentioned system of “floating salaries” can be used, based on the fact that based on the results of work in each month, new official salaries are formed by increasing (decreasing) them for each percentage increase (decrease) in productivity labor in the serviced area, subject to the fulfillment of the planned production target.

Bonus remuneration systems are most often found among managers, and, in principle, also make a large part of the employee’s salary dependent on the results of his activities. In fact, the term “bonus” is translated as “premium”, and most often it is calculated as a percentage of the profit received by the enterprise as an addition to the basic salary. However, based on the ratio, it often turns out that the size of the bonus can significantly exceed the guaranteed part of the salary, which actually gave grounds for introducing the contract wage system with its bonuses as a separate form of payment.

Questions for testing knowledge and self-study
lecture material

1. What is a contract?

2. In what cases is a contract concluded?

3. Who can use the contract hiring system?

4. How does contract remuneration differ from other remuneration systems?

5. What is a bonus and bonus remuneration system?

6. What might the contract include?

7. How is payroll different in the brigade form of labor organization?

8. What is KTU?

9. What is CCU?

10. What part of the salary can be distributed among the CCU and CTU?

11. Are workdays used in modern wage systems?

12. How are wages calculated in budgetary organizations?

13. How are salaries calculated for civil servants?

14. How is the number and wage fund of civil servants determined?

15. What additional payments and allowances are used in the remuneration of civil servants?

16. Whose work is most often paid through commission systems?

17. How can commissions be determined?

18. What advantages of commission systems can you name?

19. What disadvantages of the commission system can you imagine?

The word “contract” itself does not have any meaningful meaning, since it is a synonym for the word “agreement”.

Types of contracts concluded with employees:

1. Contracts in the form of employment contracts or labor contracts:

2. Contracts in the form of intra-business agreements;

3. Contracts in the form of civil agreements;

Based on a contract in the form of an employment contract, labor relations arise between hired workers and the enterprise. It differs from a traditional collective labor agreement in that the parties entering into a contract have more opportunities to diversify the terms of the contract (validity, organization and remuneration, rights, duties and responsibilities of the parties).

Contracts in the form of intra-company agreements are concluded between the administration of an enterprise and an employee or group of employees or a division of the same enterprise, or between divisions of an enterprise for the performance of any specific work or duties (for example: a contract between the administration of an enterprise and a temporary creative team consisting of employees of the same enterprises to perform any work).

This contract is not a form of employment, since it is concluded with employees who are already associated with the enterprise through labor relations, and therefore is of a secondary nature. It is simply an additional means of resolving issues of payment and labor incentives.

Contracts in the form of civil agreements are concluded both with employees of the enterprise and with other persons.

Contracts can be concluded:

With the head of the enterprise;

With the head of the department or service;

With the department (group of employees) as a whole;

With individual employees (specialists).

Contracts from the enterprise can be concluded (except for managers):

Deputy heads of the enterprise, if such a right is enshrined in the charter or it is transferred to them by the head;

Heads of subsidiaries and branches;

Heads of departments and services.

Contracts are usually concluded for a specific period. They may provide two options for conditions specifying the nature of urgency:

Option 1 - it states that the employee has the right to terminate the contract at any time before the expiration of the contract by notifying the hiring party in writing for a specified period of time.

Option 2 - the employee does not have the right to terminate the contract on his own initiative before its expiration. In case of violation of this condition, the employee pays a penalty to the company.

The contract is concluded in writing (in two copies) and signed by both parties. It is a sufficient basis for the emergence of labor relations; this means that an application for employment is not required from the employee.


A contract is a document regulating the hiring, payment and dismissal of an employee. The form is a classic contract Western countries is a multi-colored card with filled and empty columns where the terms of the contract are written. This unified form is very convenient for entering into a computer, but it is used mainly for personnel in mass professions. For management employees - managers and specialists - the contract is the most complex and individual and can be 2-3 pages of typewritten text.

It is very difficult and responsible to draw up a contract correctly, since any errors in its conclusion lead to significant material losses for one of the parties.

2. Duration of the contract.

3. Remuneration.

4. Special terms of the contract.

Let's dwell on each point.

1. For each employee hired under a contract, tasks and deadlines for their completion must be clearly formulated in numbers in order to monitor the implementation of the contract and terminate it in case of failure or deviation from the plan.

2. Only one figure is recorded - the duration of the period of work under the contract.

3. Only one figure is entered - the amount of the employee’s monthly (weekly or annual) earnings. It appears as a result of negotiations between the employer and employee on all points of the contract, and its value mediates the purchase and sale of labor, which involves market bargaining between both parties.

4. Any specific features of the employee’s work and rest, his social protection. Typically, this clause contains the following information: an obligation to keep the salary secret (an indispensable attribute of a contract in civilized countries), conditions for early termination of the contract, additional conditions for material incentives and social guarantees. Additional conditions for material incentives - bonuses or profit sharing. The conditions for compensation for damage may also be specified here. Social guarantees- duration of vacation, medical care at the expense of the company,

provision of housing space.

Thus, the content of the contract can be very diverse.