Mistakes of the employer in the execution of employment contracts. What can not be included in the employment contract. Mandatory conditions of the employment contract In the employment contract, along with the mandatory conditions

United standard form employment contract not in the law. At the same time, the main requirements for the content of the contract are established by Article 57 Labor Code. It must include certain information and prerequisites mentioned in this article. In addition, the parties, by their agreement, have the right to enter into it and additional terms. Let's put them in the form of a table.

(*) approved fast. Ministry of Labor of Russia dated August 21, 1998 No. 37

If any data or conditions were not included in the employment contract, it must be supplemented by them. Missing information (for example, the employee's passport data) is entered into the text of the contract. Missing conditions can be defined in the appendix to it or spelled out in a separate agreement (*). These documents are drawn up in writing, and they are an integral part of the employment contract.

(*) Art. 57 of the Labor Code of the Russian Federation

One of the main problems associated with the terms of an employment contract: is it possible to indicate in it not a specific salary (tariff rate) of an employee, but only a link to? (That is, in the section of the contract that is devoted to the conditions of remuneration, for example, the following phrase will be given: “Set the salary according to staffing"). To answer this question, let's turn to Article 57 "Content of the employment contract" of the Labor Code. It states that “mandatory to be included in the employment contract are ... the terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments)”. Thus, the Code does not provide for the possibility of references in the contract to local regulations of the company, which include the staffing table. The employment contract must specify the specific salary (tariff rate) of the employee. Otherwise, we can say that the terms of the contract do not meet the requirements of the current labor legislation. True, exceptions to this rule are possible. For example, when a fixed salary or tariff rate is not set for an employee (in particular, when remuneration on a piecework or commission basis). In such a situation, a specific calculation procedure should be prescribed in the contract wages employee (for example, a percentage of a particular indicator is determined, within which he is paid wages).

In addition, the establishment of wages for employees in foreign currency is not allowed. The fact is that, according to Article 131 of the Labor Code, wages are paid in foreign currency. Russian Federation- rubles. The Code makes no exceptions to this rule. Therefore, in the employment contract, the employee's salary must be determined in rubles. A similar point of view is shared by Rostrud (*). Even the condition on determining wages in foreign currency and paying them in rubles at one or another exchange rate does not comply with labor legislation.

(*) letters of Rostrud No. 1729-6-0 dated July 28, 2008, No. 1145-TZ dated March 11, 2009, No. 1810-6-1 dated June 24, 2009

Expert opinion

When paying wages set in foreign currency in rubles at the exchange rate of the Bank of Russia, its size will inevitably fluctuate (both up and down). That is, in fact, there will be permanent change conditions of the employment contract on remuneration. But the legislator proceeds from another general rule: any adjustments to the terms of an employment contract should not be made automatically, but only by written agreement between the employee and the employer (Article 72 of the Labor Code of the Russian Federation).

Since the establishment of wages in employment contracts in foreign currency and its subsequent payment in rubles at the exchange rate of the Bank of Russia is recognized as an offense, a company that practices this method of accruing and paying wages to its staff faces risks associated with the threat of being held accountable.

A. Kurushin, expert of the Legal consulting service GARANT

A. Kikinskaya, Reviewer of the Legal Consulting Service GARANT

Before signing the employment contract, the future employee must be familiarized with the internal labor regulations and local regulations adopted by the company and directly related to his work activity (*). In addition, the employee must be familiarized with his job description.

(*) Article 68 of the Labor Code of the Russian Federation

Based on materials from the reference book "Salary and other payments to employees"
edited by V. Vereshchaka

When making labor relations the content of the treaty sometimes seems very simplistic, like something set out in a specific text. However, such a prosaic interpretation is unacceptable for a professional assessment of the document.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

From a legal point of view, the direct content of each specific employment contract refers to the conditions regarding which participants in the relationship reached an agreement, that is, their expressions of will coincided. In accordance with the terms of the contract, the subsequent behavior of the parties is determined.

What it is

It is permissible to designate the term "condition of an employment contract" as the right of one party participating in the relationship, and the obligation of the opposite party, in the process of resolving certain issues of labor law in a contractual manner.

In the theoretical understanding of the employment relationship regarding the mechanisms of their formation, the terms of the contract are traditionally divided into two large categories:

Despite the fact that derivative conditions play an important role in the labor relations of the parties, due to the contractual nature of the relationship highest value attached to the immediate conditions.

At the same time, immediate conditions are divided into two types:

• obligatory or necessary;
• optional or optional.

The classification of conditions is established by the Labor Code, but their role is not sufficiently predetermined by law. As a result, some disputes may arise.

It is for this reason that the conditions should be formulated as accurately as possible when drawing up an employment contract, avoiding ambiguity and the likelihood of misinterpretation.

Derivative conditions are taken into account, as a rule, if special labor regulation regarding a certain labor activity.

At the same time, regardless of the presence or absence in the text of the agreement of the mention of derivative conditions, these will be considered valid.

As for the mandatory conditions, they must undoubtedly be present, but even their absence is not shown as a good reason for recognizing the signed contract as not concluded or for terminating the accepted agreement ().

The presence of additional conditions depends entirely on the will of the parties. The parties to the contract can independently decide which aspects of labor activity need to be regulated through conditions.

Mandatory terms of an employment contract

A detailed listing of the mandatory conditions that should be present in the employment contract is spelled out in Article 57 of the Labor Code ().

Although the absence of such in the document does not contribute to the recognition of its invalidity, their presence is highly desirable. Binding means the detailed disclosure of the terms in the contract.

If the mandatory conditions are not included in the text of the employment contract in a timely manner, then the parties involved have the right to disclose them in more detail later by accepting an additional agreement.

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

Additional

On the basis of Article 57 of the Labor Code (), in addition to the mandatory conditions, conditions of an additional nature may also be introduced into the contract on labor relations, if they do not worsen the position of the employee in comparison with the norms determined by law.

Additional conditions may include things like:

• clarification of the place of work, that is, you can indicate the location of the unit in which the employee will work, up to the description of a specific workplace;
• Availability probationary period- the right of the employer is to determine the period of probation for any employee, with the exception of those belonging to certain categories defined by labor legislation. The length of the probationary period should be clearly established, taking into account the allowed period;
• the obligation of the employee to work for the stipulated period after completing the training - if the employer sends the employee for training, advanced training or retraining at his own expense, then as compensation he can demand that after completing the training the employee worked for the agreed period without the possibility of dismissal of his own free will.

These are just some additional conditions, in general, the parties have the right to stipulate any points relating to labor relations.

If additional conditions nevertheless worsen the position of the employee, reduce the level of guarantees or restrict his rights, then according to the Labor Code they are recognized as illegitimate and are not subject to application.

It is possible to include in the contract conditions that are of a civil law nature, for example, the possibility of providing a place in a children's preschool or negotiate a home improvement loan.

But such moments, although they may be contained in the contract, will be regulated by civil law obligations and will not have any relation to labor law.

Additional conditions may be present in the main text of the contract. But if the decision to adopt them was made after the signing of the employment contract, then nothing prevents them from being drawn up as an additional agreement or annex to the contract, which will be considered an integral part of the employment agreement.

Can they be changed

Changing the employment contract is quite possible. Moreover, not only additional conditions, but also mandatory ones can change.

The initiative to change the conditions can come from both the direct employer and the employee himself. The main requirement is a change in the conditions as agreed by the parties and must be in writing.

When changing the terms of the contract at the will of the employer, it is necessary that he notify the employee of the upcoming changes at least two months in advance. With the consent of the employee, you can proceed to negotiations.

Mandatory terms of the employment contract form the content of the employment contract (Article 57 of the Labor Code of the Russian Federation). If all of them are fully reflected in the contract, then the likelihood of disagreements with the employee and claims from labor inspectors is reduced. So the advantages of a properly executed employment contract are obvious.

Mandatory terms of the employment contract in 2017

At the beginning of the employment contract with the employee are indicated (Article 57 of the Labor Code of the Russian Federation):

• place of conclusion of the contract locality where the contract is signed, and the date of conclusion of the contract;
• the name of the employer or the full name of the entrepreneur-employer, as well as the full name of the employee (read below about the employee's information in the contract);
• information about the representative of the employer, whose signature will be on the employment contract, as well as the basis of his powers. Traditionally, such a representative of the organization is its head, acting on the basis of the charter.

The conditions that must be included in an employment contract are:

• place of work, the name of the company is indicated. But if the employee will work in a branch of the organization (subdivision, department, etc.) located in another area, then he should be indicated as the place of work. For example, Kaleidoscope LLC, an additional office in Istra, Moscow Region;
• the labor function of an employee is a position or profession in accordance with the organization's staffing table. In fact, the labor function should specify the type of work entrusted to the employee. According to the clarifications of Rostrud, the acceptance of an employee for a position not included in the staff list, during verification, may lead to administrative fine(Article 5.27 of the Code of Administrative Offenses of the Russian Federation, Letter of Rostrud dated 01.21.2014 N PG / 13229-6-1). And if you hire an employee for a position, the work for which involves the provision of compensation or benefits to him, then the name of the position and qualification requirements it must comply with the requirements established by the qualification handbook or the provisions of the professional standard (Article 195.3 of the Labor Code of the Russian Federation). Otherwise, you can get a fine (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation);
• work start date. An employee who has concluded an employment contract is obliged to start performing his/her labor duties from this date. If the date of commencement of work is not indicated in the contract, then the employee must start work the next day after signing it (Article 61 of the Labor Code of the Russian Federation). The fixed-term employment contract must also indicate the duration of its validity and the reason for the urgency. Recall that an employment contract that does not specify a validity period is considered concluded for an indefinite period, that is, indefinite (Article 58 of the Labor Code of the Russian Federation);
• wage conditions. The contract indicates the size of the tariff rate or salary, and additional payments, allowances, incentive payments may also be prescribed;
• working conditions in the workplace. They are determined based on the results of a special assessment and can be optimal, permissible, harmful, dangerous (Letter of Rostrud dated November 20, 2015 N 2628-6-1 (clause 1); part 1 of article 14 of the Law dated December 28, 2013 N 426-FZ);
• condition on compulsory social insurance of the employee.

Information provided by the employee in the employment contract

To conclude an employment contract, the employee is required to present only a passport. Since the mandatory conditions of an employment contract include (Article 57 of the Labor Code of the Russian Federation):

• information about the identity document;
• surname, name, patronymic of the employee and his passport data.

Usually, the future employee is also asked to provide copies of SNILS and certificates of registration with the tax authorities. But this information is needed for the subsequent interaction of the employer with the IFTS and the PFR department. And for the purposes of concluding a contract, they are not necessary.

Other mandatory terms of the employment contract

In some cases, the mandatory terms of an employment contract are determined by the nature of the work performed by the employee. For example, the contract should specify the employee's mode of operation if it differs from the main one. this employer(Article 57 of the Labor Code of the Russian Federation).

Also a prerequisite of the employment contract is:

• the condition of part-time employment (Article 282 of the Labor Code of the Russian Federation);
• conditions that determine the nature of the work: traveling, mobile, on the road, etc.;
• guarantees and compensations for work with harmful and / or dangerous working conditions, if the employee will perform such work (

Consider the parties and the content of the employment contract.

Information is general information. that defines the parties to the contract.

Conditions - perhaps the most voluminous section of the agreement. In fact, these are the rights and obligations of the parties. There are several types of conditions - additional, random and mandatory.

Intelligence

Let's start with the information specified in the contract. Although the term "data" is quite common, the term "information" is legally correct. It is he who is found in the 57th article of the Labor Code of the Russian Federation. According to her, the following information must be indicated in the contract:

1. Name of the employee.
2. The name of the employer.
3. Proof of identity (such as a passport number).
4. If the agreement is not signed by the employer personally, then the information of the representative.

In addition, as in all other agreements, indicate the date / place of conclusion of the employment contract. The contract is concluded in 2 copies.

Terms

The terms of the employment contract of the Labor Code of the Russian Federation are divided into several types. First, let's analyze the essential conditions of the employment contract - mandatory.

Mandatory

What conditions of the employment contract are mandatory for inclusion in the contract?

Sometimes mandatory conditions are called "essential".

However, this not quite right. The Labor Code does not include such a term.

Conditions without which an employment contract cannot be concluded are called "mandatory".

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

Labor function- this is the second mandatory condition of the labor contract of the Labor Code of the Russian Federation. There are several ways to define working function employee. The first is work according to the position, which corresponds to the staffing table.

The second is to determine the function according to the profession and qualifications (of the employee). The last method is the definition through specific types of work assigned to the employee. This is understood calculation of the percentage of work performed by an employee.

To understand, let's take an example with a courier service.

At the request of his superiors, employee Yuri is 20% busy with paperwork, reports and other work in the office.

He helps since the office manager is on vacation. But most of the time (80% of the time) Yuri is busy delivering packages.

Thus, Yuri's main activity is delivery. Therefore, his labor function is courier activity.

The parties to the treaty are free to name themselves labor function . However, their names must not be contrary to federal law. This means that in some areas there are established names. You can find them in special reference books of professions.

The essential terms of an employment contract are start date. From the name it follows that the condition determines the beginning of the employee's labor activity at the enterprise.

Instructs the employee to start performing his duties from the date specified in the contract. If the employment contract does not stipulate the day of commencement of work, then the employee must start work on the day following the entry into force of the agreement.

Validity is important only for fixed-term employment contracts. The agreement can be concluded for a maximum period up to 5 years. If the agreement is concluded without specifying the fact that the contract is fixed-term, then it will be considered unlimited automatically.

Fixed-term contracts are less common. For their design the work must have a clearly defined design character, and must also be defined exact date end of the project.

The main terms of the employment contract include salary. The contract must specify official salary employee or the size of the tariff rate. Additional payments / allowances are also prescribed. They can not be indicated directly (numerically), but give a link to the legal acts of the enterprise that regulate the procedure and amount of surcharges.

(working time and rest) is not always indicated in the employment contract (in a separate paragraph).

The section will be mandatory only if the employee is expected to have rules other than the general () governing the work and rest of the entire enterprise.

Such special cases (requiring a separate section in the contract) include: part-time work, irregular working hours.

In addition, sometimes the production process itself determines the rest mode (for example, restart periods, equipment maintenance).

Mandatory conditions of the employment contract are - harmful factors, if any, at the enterprise, their must always be specified in the agreement. What impacts of the production environment are called harmful, article 209 of the Labor Code describes in detail. In total, four degrees of harmfulness are distinguished. The degree is influenced by physical, chemical, vibrational, toxic and some other factors.

A combination of harmful factors can also influence. In addition to information about the degree and sources of harm, it is imperative to describe the compensation that employees are entitled to. These include: increased wages, additional vacation time.

Working conditions: Since 2013, more stringent requirements have been introduced. Changes were made by Federal Law N421.

The employer is now obliged to inform the employee in writing about the results of the inspection of the workplace, even if it is recognized as not harmful.

The employee must receive data on the certification of his future workplace. The rule also applies to offices.

The mandatory (main) clauses of the employment contract include the employee's social insurance.

According to Federal Law N90 social insurance has become directly linked to labor relations.

For the most part, insurance and interaction with the FSS is the concern of the employer.

This is due to the fact that the employer acts as an insured (pays insurance premiums to the Fund).

The employee is the injured party, he receives benefits. In the section, it is necessary to indicate the procedure for appointment, the amount of benefits and other information from labor legislation relating to this issue. Additional insurance can be arranged upon request.

Nature of work: according to the nature of the work is divided into four types. Work can be traveling, mobile, "on the way" or have a different character. For traveling, the employee’s ability to return home at the end of the working day is characteristic.

For "mobile" and work on the road, this possibility is not provided. A typical traveling activity is working as a courier and postman.

Legislation may establish other mandatory conditions. But the most important are the above.

Additional

The contract may specify additional terms. When entering them into the agreement, it must be taken into account that they should not contradict labor legislation, other regulatory legal acts. Any conditions that unlawfully worsen the situation of an employee, will not have power.

- probably one of the most common additional conditions.

During certain period time, the employer looks at the employee, evaluates his professional and personal qualities.

Usually probationary period cannot exceed three months.

But for positions with very high responsibility (chief accountant, director), it can be up to six months.

If the failure to pass the probationary period was not issued by a separate document, it is counted automatically. After that, the employee is enrolled in the company's staff.

part-time: an employee can combine several positions at the same time. Implementation is possible on a permanent and temporary basis. If the additional position involves harmful conditions, then compensation is due, as in the usual case.

Liability is limited and full. enter into a separate agreement for limited liability not required, it is enabled by default.

In case of limited liability, compensation is subject to damage that was caused as a result of gross violations or inaction of the parties. A gross violation may be ignoring the instructions affecting the work process, disciplinary offenses, failure to fulfill direct duties.

Full liability is an obligation determined by the parties to ensure that make full compensation for damages. For full liability a separate agreement is required.. There is a list of professions that are prescribed to establish a full mat. responsibility. The list can be found in the resolution of the Ministry of Social Development N85.

Non-disclosure of state/commercial secrets at military and sensitive enterprises remains the norm and is widely practiced.

In the private sector, such a condition can also be found in the contract.

It is applicable for employees working with important papers.

These include technical documentation, contracts, classified information about negotiations.

Training is allowed to be allocated in a separate clause of the agreement. If the employer spends his money on training an employee, then you can set a minimum period of work.

In this case, a condition should be fixed in the employment contract in order to reduce the risks associated with possible dismissal.

In addition to the above conditions, the parties may stipulate and fix other rights and obligations in the contract. The main condition is that they must not be contrary to law and worsen the situation of the employee (for example, payment below the minimum wage).

These often include additional leave and compensation. The agreement may also contain clauses on additional insurance.. The most common are medical (for example, VHI) and pension insurance.

other information

Random conditions are included in the contract by agreement of the parties. They supplement or modify the usual conditions. Their inclusion/absence does not affect the validity of the agreement.

On the scale of importance, the mandatory conditions are the first, the optional ones are the second, and the random ones are the third (least important). Random (other) conditions, like all others, cannot contradict the law and worsen the position of the employee.

Failure to comply with the terms/obligations may result in a variety of sanctions.

The easiest measure is a verbal reprimand to the employee.

Then there are monetary penalties for both the employee and the employer. The last resort would be imprisonment.

An employer can be sentenced to imprisonment, for example, if he illegally withheld wages.

Useful video

This video covers all the necessary conditions to conclude an employment contract:

Conclusion

The contract includes three main concepts − content, information and conditions. Content is the sum of terms and information. Information is called identification information - who and with whom concludes a contract. The information indicates the full name, passport data, TIN.

The terms of the employment contract are divided into mandatory, random and additional. The most important are mandatory, without specifying them, the agreement will not be valid. If necessary, additional conditions are added to the contract. Random conditions when concluding an employment contract are not mandatory, their indication is not necessary.

place of work. and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another area, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification guides. approved in order. established by the Government of the Russian Federation, or the relevant provisions of professional standards;

(As amended by Federal Laws No. 13-FZ dated February 28, 2008. No. 236-FZ dated December 3, 2012)

(as amended by Federal Law No. 421-FZ of December 28, 2013)

(see text in previous edition)

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;

(paragraph introduced by Federal Law No. 421-FZ of December 28, 2013)

Open the full text of the document

The employment contract specifies:

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

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

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

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

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;

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

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

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

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

working conditions in the workplace;

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

Read also: How to fire a director during the liquidation of an LLC

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

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, in particular:

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

on non-disclosure of legally protected secrets (state, official, commercial and other);

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

on the types and conditions of additional employee insurance;

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

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

on additional non-state pension provision for an employee.

By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Labor Code (Article 57 of the Labor Code of the Russian Federation 2017)

Employment contract part 3

Relevance: 2014

3. Conditions that must be included in the employment contract.

The first part includes information characterizing the employee and the employer, the second - the mandatory terms of the employment contract and the third - the terms of the employment contract, which the parties could establish at their discretion. In personnel office work, it is important to observe these features of drawing up an employment contract.

The terms of the employment contract are included in its content by agreement of the parties.

They are divided into direct, stipulated directly by the parties in the written text of the employment contract, and derivatives, provided for by law, by agreement by virtue of the conclusion of an employment contract (on the procedure for transfers, dismissal, labor protection rules, etc.).

Immediate conditions can be of two types:

Without mandatory conditions, there can be no employment contract.

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

1. place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization in another locality - the place of work indicating the separate structural unit and its location.

An indication of any structural unit, as required by the Labor Code of the Russian Federation federal law No. 90-FZ of July 30, 2006 is now recognized as an additional, clarifying condition;

1. the labor function of an employee, which means:
   a) work in the relevant position in accordance with the staffing table;
   b) work in a certain profession or specialty, indicating qualifications;
   c) specific type of work.
   Labor function (work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications, the specific type of work assigned to him). If, in accordance with the Federal Law, benefits or restrictions are provided for certain positions, then their names should be indicated in accordance with qualification guides.
   In the employment contract, the law obliges to indicate the name of the position in accordance with the organization's staffing table.
2. start date, i.e. day, month and year from which the employee is obliged to start performing labor duties. The start date of work may coincide with the day the employment contract is concluded, or the parties may agree that the employee will start work later. In any case, the exact date of commencement of work is indicated in the employment contract;
3. remuneration, including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments.
   They are determined in accordance with the profession, position, qualification category And qualification category employee (see art. 132, 135 of the Labor Code). The size of the tariff rate or official salary must be specified directly in the employment contract.
   Additional payments, allowances and incentive payments due to an employee may be directly indicated in the employment contract, or it may refer to the relevant regulatory legal act or collective agreement that provides for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of these regulatory legal acts and the collective agreement against signature;
4. working time and rest time. This condition is mandatory if the regime under this employment contract of the employee does not coincide with general regime work and rest, valid for the employer;
5. compensation for hard work and work with harmful and (or) dangerous working conditions, as well as characteristics of working conditions at the workplace, if a person is hired of this kind;
6. conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.).
   In accordance with Art. 168.1 of the Labor Code, the amount and procedure for reimbursement of expenses related to business trips of employees whose permanent work is carried out on the road or has a traveling character are established not only by a collective agreement, agreements, local regulations, but also (in appropriate cases) by an employment contract;
7. a condition on compulsory social insurance of an employee in accordance with the Labor Code and other federal laws.
8. other conditions, in cases provided for by law.
   The list of conditions of the employment contract, provided for in Part 2 of Art. 57 is not exhaustive. Legislation and other normative legal acts containing labor law norms may provide for other conditions as mandatory conditions of an employment contract.

Employer in progress personnel office work it is important to know that the absence of any of the mandatory conditions in the employment contract is not a basis for terminating the employment contract or recognizing it as not concluded.

According to part 3 of Art. 57, if at the conclusion of the employment contract it did not include certain mandatory conditions, it must be supplemented with the missing conditions. In this case, the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing. Both the appendix to the contract and the separate agreement of the parties are an integral part of the employment contract and have equal legal force with it.

The following conditions are mandatory for inclusion in an employment contract:
1) About the place of work or the location of the structural unit. Place of work means specific organization- a legal entity with its own name. If an employee is hired by a branch or representative office legal entity, or another separate structural unit of the organization located in another locality, the place of work is fixed in the employment contract indicating the separate structural unit and its location.

Read also: If there is no work book, how to apply for a pension

2) On the labor function that the employee will perform in the relevant position, qualifications in accordance with the staffing table, or on the specific type of work assigned to the employee.

3) On the conditions that determine the nature of the work (associated with traveling, work on the road, etc.). ABOUT compensation payments for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace.
Work is considered to be traveling in nature if it involves the performance of labor functions by employees at facilities located at a considerable distance from the employer's location, or frequent travel of employees on behalf of the employer. Work is characterized as work on the road if the employee's labor function is performed in the process of movement vehicle(for example, chiefs (brigadiers) passenger trains, wagon attendants, etc.). In such an employment contract, it is also necessary to indicate whether the performance of the labor function is constantly or periodically assumed in the specified conditions. In this case, the employer reimburses travel expenses related to business trips; for renting a dwelling; related to living outside the place of permanent residence (for example, daily allowance); other expenses incurred by employees with the permission or knowledge of the employer.
The amount and procedure for reimbursement of expenses related to business trips of these employees, as well as the list of works, professions, positions of these employees are established by the collective agreement, agreements, local regulations. Conditions for reimbursement of expenses may also be included in the employment contract. This is advisable if the organization has not adopted a collective agreement or an appropriate local regulatory act. Work in these conditions adversely affects the health of the employee (physical and mental), his social life (personal, family, public). To compensate the worker for the negative impact on health and disruption of social life, wage systems in enterprises may provide for the payment of appropriate allowances.
The employment contract must necessarily describe the working conditions at the workplace, the list of existing harmful (dangerous) factors determined by the results of the certification, and the list of benefits provided in connection with this, for example, the appointment of milk.

4) On wages (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Despite the fact that this condition is mandatory, in real employment contracts they often indicate: “with a salary according to the staffing table”, “in accordance with labor legislation”, etc. Sometimes there are no indications of wages at all. Often, only the official salary or the size of the tariff rate is determined in employment contracts. Quite often, reference is made to local regulations of employers. All this is a violation of labor laws.
The condition on the amount of wages and its elements should not be formulated in an employment contract by reference to regulatory legal acts, a collective agreement or a local regulatory act.
Remuneration also refers to relations connected with the implementation by the employer of payments to employees for their work, i.e. the employment contract must also specify the terms and conditions for the payment of wages.

5) On the mode of working time and rest time (if for a given employee it differs from the general rules in force for a given employer).
In accordance with Article 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, in accordance with the internal labor regulations of the enterprise and the terms of the employment contract, must perform labor duties. Normal working hours may not exceed 40 hours per week, but for certain categories of workers (minors, disabled people, medical workers) a privileged regime is established.
A special mode of working time in practice can be expressed, for example, in a part-time working day (shift), different from other workers, the start and end time of work, the alternation of workers and non-working days, irregular working hours. The employment contract must clearly specify the specific working hours of the employee.
The general mode of working hours of the employer can be changed at the conclusion of a collective agreement by agreement of the parties to the social partnership. When establishing a working time regime, the guarantees provided for employees (for example, reducing the duration of work at night and on the eve of non-working holidays) must be respected. Article 107 of the Labor Code of the Russian Federation establishes types of rest time, including breaks during the working day (shift); weekend; non-working holidays; holidays.

6) On the conditions of compulsory social insurance of an employee in accordance with labor legislation. In some cases, the mandatory condition of social insurance will be determined depending on the nature of the work performed. For example, an employee must be insured against accidents. The types and conditions of social insurance are established by federal legislation on compulsory social insurance. If the employer provides additional insurance to the employee (for example, pension or medical), then this must be specified in the employment contract.

7) About the start date of work. and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. By general rule the beginning of work under an employment contract is determined by a calendar date or a specific day, that is, a specified specific date, month and year. Often, employment contracts indicate a period of time after which, after the entry into force of the employment contract, the employee is obliged to start work.
The date of commencement of work is the date of the actual commencement of work by the person with whom the employment contract is concluded, and not the date of conclusion (or execution) of the employment contract itself. When concluding an agreement upon the fact of the employee's going to work, the text of the agreement must contain exactly the date from which the employee actually began work, and not the date when the agreement was drawn up in writing. If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract. The contract comes into force from the day it is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

8) The list of mandatory terms of the employment contract is not exhaustive. So, according to part 4 of article 282 of the Labor Code of the Russian Federation, a prerequisite for an employment contract concluded with a part-time job is an indication that the work is part-time. When concluding an employment contract for the performance of seasonal work, by virtue of Article 294 of the Labor Code of the Russian Federation, a condition on the seasonal nature of the work must be included in it.

It should be borne in mind that if, when concluding an employment contract, any information or conditions provided for by labor legislation were not included in it, this cannot be a basis for recognizing the employment contract as not concluded or terminating it. In this case, the employment contract must be supplemented with missing information or conditions. The missing information is included in the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties in writing.
The parties to the employment contract may establish additional conditions. Such conditions may include, for example, the conditions for establishing a probationary period when hiring, for additional vacations in excess of those provided for by law and the collective agreement, etc. If the parties include additional conditions in the content of a particular agreement, then they automatically become mandatory for their implementation.
The employment contract may contain conditions for non-disclosure by the employee of information constituting an official or commercial secret. become known to the employee in connection with the performance of his official duties. A specific employment contract must clearly indicate what information containing official or commercial secrets is entrusted to this employee.