When the time comes to get a job and it comes to official registration, remember the rule “always check what documents you sign.” Understand in advance how an employment agreement differs from an employment contract to avoid awkwardness. Especially, I studied the question, all that remains is to read and remember.
Having studied the Labor Code of the Republic of Belarus, you will see that the concept of “contract” is not enshrined in its norms, but is only mentioned as a type of fixed-term employment contract. The difference is that an employment contract is concluded for an indefinite period, and a contract is concluded for a period of 1 to 5 years. The contract also establishes additional guarantees for employees in the form of minimum compensation for deterioration of the employee’s legal status (for example, if the contract is terminated early due to the fault of the employer).
During the validity period of the contract, the employee cannot resign of his own free will, only by agreement of the parties. Therefore, the employer has the right not to give consent and keep the employee in the workplace until the end of the contract.
2 weeks before the expiration of the employment contract, the parties (employer and employee) must notify each other of their desire or unwillingness to extend the duration of the employment contract. The contract itself does not expire, i.e. if notification does not occur, itconverted into a permanent employment contract.
An employment contract can be terminated early not only at the request of the employee, but also at the initiative of the employer or due to circumstances beyond the control of the parties
To compensate for the negative consequences of the above-mentioned features of the employment contract, some conditions are provided, such as, for example, an increase in the tariff rate to 50% and additional incentive paid leave of up to 5 days.
All employment contracts are divided into fixed-term and unlimited-term. If the employment contract does not specify the duration of its validity, it is considered to be concluded for an indefinite period, i.e., unlimited. Fixed-term employment contracts include not only a contract; they can be seasonal, or concluded for the duration of a specific job (contractor agreement) or the performance of the duties of a temporarily absent employee (for example, due to maternity leave), for whom the position is retained. If you are a budget student who is graduating from a university or college, then remember that you will not be hired to take the place of a temporarily absent person (illness, maternity leave).
Before signing employment papers, think about whether you are satisfied with the employer’s conditions. Never rush into long-term contracts.
Want to learn more about employment issues? Take a look at the Labor Code of the Republic of Belarus, there you will find all the answers.
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When entering work, every citizen faces the choice of concluding an agreement or contract. In which case is it right to sign an employment contract, and in which case will you be offered a contract with a large number of conditions and clauses.
Before signing, the agreement or contract must be carefully studied in order to possibly add new conditions or disagree with the proposed points. All employment agreements and contracts are drawn up on the basis of labor legislation and other regulations to regulate industrial relations.
During the interview, the employer informs the new employee about working conditions, internal regulations, forms of remuneration, vacation, and sick leave.
The basis for concluding an employment agreement or contract is an application from a citizen with a request for employment.
Managers are in no hurry to conclude an agreement or contract; they offer to work first without registration for a certain time - a probationary period. This is against the law.
First, an agreement or contract is signed, in two copies for each party.
Employment contract or contract, comes into force from the moment the employee leaves workplace, performing their duties by order of this enterprise. Safety briefing, study job description signed are required to get started.
If the terms of the contract or employment contract contradict the law, do not sign this document. After signing, the employee has the right to go to court and appeal this agreement.
The statement that an employment contract and a contract are unambiguous is not entirely true.
Contract translated from Latin means “deal”.
A contract is a form of agreement between the parties, prescribed by the terms of penalties for their violation. Failure to comply with the terms of the contract is punishable financially. There is no provision for voluntary dismissal. Financial responsibility for dishonest execution of a contract, one of the forms of coercion to strict compliance with the terms. Disputed issues under the contract are resolved in court.
The contract is concluded for a certain period; terms for prolonging the contract are possible, but not necessary. The signatures and seals of the parties give the document legal force. The parties agree to all terms voluntarily. Parties may be enterprises, firms, government agencies and individuals.
Top and middle managers and financially responsible employees are invited to work on a contract basis.
Ordinary employees are hired mainly under an employment contract.
Typically, an employment contract is for an indefinite period.
This document nominally confirms that the person has been hired for a specific position with a salary in accordance with staffing table. The work schedule and working conditions are discussed orally and determined by contract. The ability to quit your job at your own request without paying a fine is the difference between an employment agreement and a contract.
If the employment contract is fixed-term, upon expiration of the contract, the employee’s dismissal should be formalized at the end of the employment contract.
The contract at the end of its term provides legal grounds for dismissal.
The end date of the contract, as a fact, is the basis for the dismissal order.
Dismissal at the request of an employee ahead of schedule involves penalties.
Dismissal at the request of the employer without legal grounds occurs with payment of compensation to the employee.
Dismissal at the request of the employer due to poor performance of one’s duties or violation of the terms of the contract.
Dismissal by agreement of the parties, as a peace agreement, removes the issue of material claims of the parties.
The company does not have the right to terminate the contract for a reason that is not specified. This is in contrast to an employment contract, where there are no such strict limits on what is permissible.
A recruiting agency helps an employer and an employee find each other. An agreement is concluded paid services of an informational nature on the basis of an employment contract. The customer for a vacancy, or applicant, as he is later called, instructs the recruiting agency to provide information about a potential employer for a fee.
Remuneration under an employment contract corresponds to the level of qualifications and position held, is paid weekly, twice a month, or upon completion of the entire scope of work under the contract. Bonuses, payment for urgency, harmfulness, intensive working conditions or overtime work are possible, but are not always reflected in the contract.
Remuneration under the contract takes into account all the details and conditions of remuneration for irregular work schedules and for timely completion of orders. Penalties for dishonest fulfillment of job descriptions and violation of contract terms place the employee within a strict framework of basic requirements.
The contract is drawn up, carefully writing out the conditions, norms and rules of conduct. The amount of material remuneration for the employee, the amount of the bonus for good job. Penalties for any violation of the rules have a precisely determined amount. For minor violations, administrative measures are provided - a reprimand, a reprimand, a severe reprimand entered into a personal file. Gross violations of discipline, alcohol consumption in the workplace, negligent attitude towards one’s own official duties, violation of deadlines for fulfilling an order, such offenses lead to termination of the contract at the request of the employer and a fine.
The contract sometimes includes a separate clause regarding its extension for new term, if both parties are satisfied with the cooperation. Good specialists, conscientious workers are valued.
In practice, there are often terms that are used to denote an agreement between the parties. For example, employment contract and employment contract. The differences between these terms are insignificant at first glance. But for the legal meaning, the essence of these terms is enormous, since for the parties to these agreements each of the documents entails different legal consequences.
According to Ozhegov’s dictionary, a contract is a written agreement. The term "agreement" is also applied to it. This document, as Ozhegov points out, establishes mutual obligations between the parties who entered into it. In Russian language synonym dictionaries, the words “agreement” and “contract” are classified as synonyms. In practice, and in some legislative acts, these concepts are often confused. Labor legislation previously also used both terms. But in the current Labor Code, the term “labor contract” has been excluded since 2002.
The concept of this term is given in Art. 23 of the Law on the State Civil Service (dated July 27, 2004 N 79-FZ). A service contract is concluded between a person who enters the civil service and a representative of the employer. It reflects the terms of the agreement on filling the position of the civil service and how this service will be carried out. It also sets out the rights and obligations of the parties.
These two types of contracts differ in the legislation governing their provisions. The employment contract is regulated by the Labor Code. Labor laws do not apply to service contracts. Its conditions are determined by legislation that regulates the provisions for the passage civil service.
When they talk about a contract with an employee, they most often mean a civil contract concluded with the contractor, especially when labor relations are replaced by civil ones. An agreement is concluded with individuals, which is called an employment contract, but which in content is civil law. This is a violation that may result in administrative responsibility in the form of a fine of up to 100 thousand rubles. (Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
| Main differences | Terms used | ||
|---|---|---|---|
| Employment contract | Civil contract (contract with employee) | Service contract | |
| Legislation | Labor legislation (Labor Code, etc.) | Civil legislation ( Civil code etc.) | Legislation on public service |
| Parties | Employee and employer | Customer and Contractor | Employer and civil servant |
| State social guarantees | Provided for by labor legislation | Not provided | Provided for by civil service legislation |
| Subject of regulation | Labor activity | Services provided | Civil service |
An employment contract with an employee is a special agreement. This document reflects the nature of the relationship between the employee and the enterprise.
It is the employment contract with the employee that formalizes the legal obligations and rights of the participants in the process.
Based on the Labor Code of the Russian Federation, enterprises and employees have ample opportunities to draw up various types of agreements using one or another sample employment contract with an employee. At the same time, various conditions may be reflected in the papers.
Most often, as legal practice shows, agreements are concluded with a specialist. This employee means an employee who has certain knowledge that allows him to perform certain activities in the enterprise. It should be said that the Labor Code of the Russian Federation does not provide for any specific provisions for regulating the work of specialists.
However, in practice such agreements have their own characteristics. In this regard, they are allocated to a separate group along with contracts signed with managers, employees, and top managers. This category is allocated as a separate group in the qualification (unified) directory of positions.
The classification is made in accordance with the nature of the work primarily performed. They are the content of the employee’s work. So, for example, the position of a manager is characterized by organizational administrative functions. Specialists perform analytical and constructive activities. The responsibilities of the employees include information technology tasks.
The labor functions of employees determine the features of agreements concluded with them. The position for which the employee is hired has qualifications (categories). Their indication in the agreement is mandatory. This or that sample employment contract with an employee contains sections or appendices that indicate what skills and knowledge the future employee should have.
Concluding an employment contract with an employee involves specifying certain information about the future employee and the details of the enterprise. In particular, the last names, first names, patronymics and addresses of the employer and the hired person are entered. You must also indicate the date the employee was hired. If a fixed-term employment contract is concluded with an employee, then the period for which the specialist is hired is indicated.
The maximum period for an employee can be three months (if he was not selected as a result of a competition). An exception is considered to be persons who have graduated from institutions of higher, primary and secondary vocational education, have received state accreditation and are entering service in their specialty for the first time within a year from the date of completion of their studies.
In this case, a probationary period of six months may be established for a number of categories, for example, chief accountants or their deputies. The legislation also defines certain groups of citizens who are hired for special conditions. In particular, pregnant women, minors and some other categories of workers do not undergo a probationary period.
Any sample employment contract with an employee includes a section indicating the amount of payment for his activities at the enterprise. Salary is usually official salary. It represents a monthly deduction, the amount of which depends on qualifications, business qualities and the place to which the employee is assigned. Official salary is used in enterprises to pay employees, specialists, and managers.
It is also used as the basis for calculating bonuses, allowances and surcharges. The contract may contain information about additional payments. Their size is determined by agreement of the parties. When drawing up an employment contract with an employee, the employer specifies a certain amount of the official salary. If the manager intends to initially pay a small amount and then increase it over time, then this fact should be contained in the agreement. In the absence of such information, the employer is not responsible for failure to fulfill these promises.
An employee’s work schedule is determined by what is expedient for the enterprise. The mode of activity may be irregular. Explanations on this matter are contained in Art. 101 Labor Code of the Russian Federation. In accordance with the provisions, workers on an irregular schedule may be periodically involved by the employer in the performance of their duties. job responsibilities outside normal working hours. The law states that the list of employees operating in this mode must be established by a collective agreement, contract or internal regulations of the enterprise. Six- and five-day weeks or rotating schedules are also common.
Quite often, an enterprise enters into an employment contract with an employee an obligation to fulfill his requirements. These include, in particular, medical care provided free of charge or a convenient schedule. At the same time, the employee assumes certain obligations in which the company is interested.
For example: do not quit for a certain period, act as a mentor in relation to the agreed number of young specialists, etc. The terms of the agreement impose certain and, in some cases, quite strict restrictions on both the employer and the hiredee. At the same time, the provisions specified in the agreement contribute to the retention of valuable personnel and the maximum use of employee experience and knowledge in the training of new specialists.
The employment contract with the employee is drawn up in two copies. One of them is kept by the employer, the other is given to the employee. Any oral agreement to perform any activity has no legal force. The form of an employment contract with an employee contains the following attachments:
Related documents are also prepared. This, in particular, may be an additional employment contract with the employee. Such an agreement, for example, is needed in the event of a reduction in an employee’s salary. Registration of the employment contract itself and amendments to it is carried out in the appropriate accounting journal.
The drawn up agreement comes into force immediately from the moment of execution or, if indicated, on the day on which the employee must begin performing his duties. If an employee does not show up at work within seven days without good reason, the employer has the right to terminate the contract unilaterally.
Of course, the company is not interested in unqualified personnel. But situations often arise when, in order to save money for positions that do not require special professional skills, various companies - small, large - hire minor workers.
By law, an agreement can be concluded with a person over 16 years of age. However, in some cases, an employment contract with a minor employee can be drawn up at an earlier age. An apprentice can be hired by an enterprise if he has left educational institution until he receives general basic education. However, his age may be 15 years.
With the consent of one of the parents or the guardian and the guardianship authority, an employment contract can be concluded with a fourteen-year-old student. The agreement involves performing light activities that do not disrupt the learning process and do not cause harm to health.
In theaters, organizations related to cinema and concerts, and in the circus, it is allowed to hire employees under 14 years of age. To carry out activities, the consent of parents or guardians and the guardianship authority is required. Work should not harm the health of minors or interfere with their moral development.
Regulates the procedure for hiring and concluding an employment contract, Art. 265-272 Labor Code, as well as a collective agreement. In these articles, the legislation establishes the rest and activity regimes for employees under 18 years of age, the conditions for its implementation, official salary, etc. Any sample employment contract with an employee must comply with all applicable laws.
Termination of an employment contract with an employee under 18 years of age is carried out in accordance with one of the grounds specified in Art. 77 TK. In addition, the agreement may be terminated due to violations during the hiring of the employee. For example, an employee whose age is less than 18 years old was hired to perform hard, dangerous or harmful work in a store selling alcohol, nightclub and so on.
Otherwise, the agreement may contain other reasons. Termination of the contract unilaterally at the initiative of the employer (except in the case of termination commercial activities or liquidation of an enterprise), in addition to compliance with the general current procedure, is permitted only with the consent of the state inspectorate and the commission on juvenile affairs.
An employment contract with an individual entrepreneur is drawn up in the same way as with an organization. The agreement must also be in two copies and signed by both parties. An employee may begin work before an employment contract is concluded. In this case, the agreement must be drawn up within 3 days. An employment contract with an LLC employee, the same as with individual entrepreneur, may contain applications.
Article 65 of the Labor Code of the Russian Federation establishes the required list of papers. The list includes:
If a citizen is applying for a job for the first time, then work book and Pension Fund insurance are issued by the employer. The employee must be familiar with the internal regulations of the enterprise, safety regulations and other regulations of a local nature.
In accordance with the law, an employment contract can be drawn up for a specific period or be indefinite. This provision is regulated by Art. 58 TK. An employment contract with an employee (temporary) is drawn up for a period of up to 5 years. The agreement may not specify a validity period. In this case, they say that the contract is unlimited. For a certain period, an agreement is drawn up in a number of cases. These include, in particular:
The agreement terminates upon expiration of the period specified in it. Three days before the end of the period, the employer is obliged to warn the employee about the end of the activity. The notification must be made in writing. If at the end of the specified period the parties do not declare termination, the agreement is considered to be drawn up for an indefinite period.
Download the standard form of an employment contract between an employee and an individual employer
Download a fixed-term employment contract with an employee
Download the collective agreement form
Download the employment contract with the employee
A contract is a special form of regulation of labor relations, which has been transformed into an individual agreement between the employee and the employer, where the dominant role belongs to the agreement of the parties, but within the framework of current legislation.
A contract as an agreement is a written agreement between two parties on working conditions and the amount of remuneration, but not lower than the minimum prescribed by law, on measures social protection, responsibility, etc.
Each of the parties to the labor relationship at the stage of establishing contractual terms has equal rights, regardless of the types of ownership and organizational and legal forms of the enterprise.
You should not identify contract work with work under an employment contract. Since 2002, in Russia these are different documents and different legal relationships.
The term “contract” appeared in the Labor Code of the Russian Federation in 1990 and was considered as a synonym for an employment contract.
But from February 1, 2002, significant changes and additions were made to Labor Code, as a result of which the word “contract” was excluded from the Chapter on the Employment Contract.
Accordingly, now contract work has been transformed from labor to civil law relations, and the contract is concluded with certain categories of workers.
2) There is a certain list of professions, labor relations with which are regulated exclusively by contract. This category includes:
3) Contract, as a type of related civil law agreement related to labor relations, can have the following forms:
- Contract agreement.
- Contract of assignment.
- Contract for paid services.
- Other forms of contracts the subject of which is: the employee’s performance of a certain labor function in general process the organization’s labor, payment for the final result of the work, fulfillment of the obligations undertaken in any way.
In general, contract work is appropriate in the following cases:
1) To hire a part-time employee.
2) To perform one-time work.
3) For the possibility of using “flexible” employment, when paid working hours alternates with time off at your own expense.
4) In any other cases when an employment contract cannot be concluded based on the specifics of the work.
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