An employment contract based on the nature of the employment relationship. What types of employment contracts are there?

An employment contract is a document that establishes the legal relationship between an employee and an employer. There are several types of employment contracts that can be grouped according to a general principle:

according to its validity period;
the nature labor relations;
by type of employer;
according to the legal status of the employee;
by the nature of working conditions

Based on the duration and nature of the employment relationship, these are the main types of employment contracts distinguished in labor law.

According to the duration of the employment contract, it can be:

concluded not for an indefinite period - that is, the contract does not have a specific validity period.
This type of agreement occurs most often in practice. It is precisely this that lies in the execution of most labor responsibilities;
imprisoned for a period of not more than 5 years. This is a fixed-term contract, and it is concluded when the relationship between the employer and employee is temporary.

In Art. 59 of the Labor Code of the Russian Federation lists cases when only a fixed-term contract can be concluded. For example, if an employee is hired to perform a certain amount of work or temporarily replaces a woman who is on maternity leave.
The duration of the contract is additional condition his conclusions. If it is not specified, then the contract is considered concluded for an indefinite period.
If the terms of the contract have expired, then this is grounds for its termination.

Depending on the nature of the employment relationship, employment contracts are:

at the main place of work;
at the same time. Part-time work is regulated by Chapter 44 of the Labor Code of the Russian Federation.
Part-time work is impossible without concluding an employment contract. This is the main condition for performing such work.
for temporary work. Such an agreement is concluded if the nature and specifics of the work require its completion for a period of up to 2 months. An example of such work could be replacing an employee on sick leave.
The performance of such work is regulated by Chapter 45 of the Labor Code of the Russian Federation.
on implementation seasonal work. Seasonal work is work that can only be performed during a certain season. For example, harvesting.
The performance of seasonal work, as well as the procedure for concluding such an employment contract, is regulated by Chapter 46 of the Labor Code of the Russian Federation.
for performing home work. This type of labor relations is regulated by Chapter 49 of the Labor Code of the Russian Federation;
for performing state (municipal) service. This type of employment contract is not regulated by the Labor Code of the Russian Federation. It is regulated by special laws regulating state and municipal service.

Employment contracts are distinguished by type of employer:

with an individual employer, this type of labor relationship is regulated by Chapter 48 of the Labor Code of the Russian Federation. In this case, the employer is an individual without registration of individual entrepreneurship. We are talking about the work of nannies, gardeners and other service personnel;
at the employer - organization. Such employers include both legal entities and individual entrepreneurs.

Depending on the features legal status employee, employment contracts can be divided into:

prisoners with persons who have not reached the age of majority;
a prisoner with persons who have family responsibilities;
prisoners with foreign citizens;
prisoners with stateless persons.

Depending on the nature of working conditions, employment contracts are:

under normal working conditions;
in conditions of work at night;
In difficult working conditions climatic zones. Such zones include regions of the Far North, and territories that are equated to them at the legislative level;
In working conditions in harmful and dangerous conditions.

Types of employment agreement can be divided into the following:

The basis for creating an employment contract is determined by the articles of the Labor Code: they are used to hire and fire employees.

Urgent

A fixed-term contract is signed when it makes no sense for the employer to hire an employee permanently: the amount of work will be completed and the employee will have to be fired. The term for this type of agreement can be precisely established, or it can be tied to some event.

Video about what a fixed-term employment contract is:

Indefinite

An open-ended contract is signed with an employee on a voluntary basis when he is hired for permanent work without indicating its end.

In case of an open-ended contract, a trial period is concluded, the duration of which is no more than 3 months. This is indicated in the text of the document. It also defines the position for which the employee is hired, the mode and conditions of work, salary and bonuses, rights and responsibilities.

When signing a permanent contract the text does not indicate the reason for its conclusion. This clause is required for a fixed-term agreement.

If changes are required to the terms of an open-ended contract, an additional agreement to it must be drawn up. This may be necessary when moving to another position, changing salary, regime or working conditions.

Attention! An employee can quit quite easily by notifying the administration 2 weeks in advance. An employer has the right to dismiss an employee only for systematic violations of discipline, that is, there must be good reasons for this ().

This type of contract is considered more reliable for the employee.

Collective

A collective agreement is a document fixing social and labor relations between the administration of an enterprise and its employees. The main sections that should be included in the contents of the document are described in Article 41 of the Labor Code of the Russian Federation.

It cannot include conditions that would violate the rights of employees guaranteed Labor Code. When a collective agreement is adopted, everyone has the right to participate in its creation.

The parties to the collective agreement are all employees of the enterprise and the administration. His conclusion is not necessary. The contract is drawn up for 3 years. Before the end of the term, it can neither be canceled nor terminated. Upon expiration, if it has not been renewed, it is automatically renewed for the same period.

The agreement is drawn up in 2 copies. One is kept by the manager, the second by the chairman of the trade union.

remuneration, which indicates the system and types of payment, forms of bonuses, financial incentive, cash benefits and compensation.
Working hours. All work schedules with the necessary rest time are drawn up.
Working conditions. Includes measures to protect health, reduce negative influences on the worker during the production process.
Social guarantee. Possibility of providing free health vouchers or partial payment for them for employees and members of their families.

Individual

An individual agreement is drawn up between an individual employee and the administration of the enterprise. It stipulates the individual terms of the employment relationship. The agreement is provided in writing.

The employee undertakes to perform work in his specialty in accordance with his qualifications. The employer undertakes to provide normal working conditions, as well as pay the employee in accordance with the salary and tariff rate of the enterprise.

The contract includes the following necessary items:

place of work;
position or profession;
salary;
date of start of work.

The individual agreement also includes additional points: operating mode, test period, preservation of trade secrets.

Employment contract

A rental agreement is drawn up between the contractor and the employer when performing a specific activity. These relations are legally protected by the Civil Code. The work book is not issued.

Civil

A civil contract is drawn up between the contractor and the customer on specific type services. Upon completion of this work, the contract terminates. The customer receives the service and pays the provider for it.

A civil contract is drawn up in in writing. It is used when there is no need to open a staff position at the enterprise, since the employee who is hired will perform one-time work.

Important! Work experience according to this species the contract does not count. The employee does not have any social guarantees. For example, he may be fired if he gets sick while working.

This type of agreement is beneficial for the employer. He will be able to save his money on a temporary worker.

Contract agreement

A work contract is a type of civil agreement. It is concluded between the contractor and the customer for a certain type of work, regulated by Article 702 of the Civil Code of the Russian Federation.

Article 702 of the Civil Code of the Russian Federation. Work agreement

Under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver the result to the customer, and the customer undertakes to accept the result of the work and pay for it.
For certain types of contract (household contract, construction contract, contract for design and survey work, contract work for state needs), the provisions provided for in this paragraph apply, unless otherwise established by the rules of this Code on these types of contracts.

Moreover, the result of work performed under the terms of the contract has a materialized form. This is its main difference from a civil agreement, in which the result is the service provided. For example, cargo transportation, legal advice.

For a contract, the main requirements are the subject of the transaction, the period of work and the price. The subject of the contract is the order: its volume and content, methods of production or processing.

The price is set according to the calculated estimate. The cost can be approximate, when due to certain conditions it changes, or it can be constant.

When concluding a contract, the employer benefits the most. He does not need to supervise work, ensure normal working conditions, or make payments for sick leave and vacations.

The contractor also has positive aspects when concluding such a transaction. He can freely manage his time, there is no control over him large quantity manuals. But at the same time he is deprived of all social guarantees, which are provided to employees who have signed an employment contract.

To calculate your pension, it is important to make transfers of insurance contributions. These payments can be made by both the employer and the contractor himself. In this case, the length of service required to calculate the pension will increase.

Note! For sick leave, the time worked under a contract is not counted and is not recorded in the work book.

Video about what a contract is and the features of its conclusion with an individual:

Effective contract

An effective contract is a type of employment contract that details the employee’s responsibilities and his financial incentives for achieving high performance. Supported efficient contract articles of the Labor Code.

Such agreements are concluded mainly with public sector employees: teachers, educators, doctors, and medical staff. The contract can be drawn up as a separate document or as an additional agreement to an already executed employment contract. There is no obligation to sign it. It can only be issued with the consent of the employee.

The main feature of this contract is to increase the efficiency of the work performed. The incentive for this is monetary interest. This requires an in-depth study of the compliance of outcome indicators and their material incentives.

Attention! Work under an effective contract is counted both in seniority and for calculating pension payments. All guarantees prescribed in the Labor Code are preserved.

Which one to choose when applying for a job?

When hiring, it is more beneficial for employees to have an employment contract, which provides all social payments and guarantees: there is an increase in seniority, deductions are made to Pension Fund, there is paid vacation and sick leave.

When signing contracts for temporary, contract work the employer wins which can save you money. A contract contract is interesting for performers as additional income to their main job, since it can be completed at any time convenient for the performer. The main thing is the result and meeting deadlines.

When applying for any work, it is necessary to draw up contracts that differ in terms, types of work, and legal regulation.

Employment contracts have a number of advantages over civil law ones. These benefits are associated with guaranteed social support, accrual of length of service, and registration of a work record book.

Video about how a civil contract differs from an employment contract:

Now a type of employment contract is being developed and implemented for budget employees - an effective contract. It preserves all guarantees for employees and allows them to increase work productivity through financial incentives.

What are the types of employment contracts?

When hiring an employee for any period, even for several months or weeks, it is necessary to conclude an employment contract with him - a fundamental agreement that establishes the rights and obligations of the parties. In order to register employment without errors under any circumstances, you need to know the types of employment contracts and their features.

Labor legislation establishes only two types of employment contracts:

Fixed-term contracts.
Contracts that are concluded for an indefinite period.

Meanwhile, employment contracts have differences in other characteristics, the main ones of which we will talk about. Let us briefly consider the main types of employment contracts, using for classification purposes four additional criteria.

Criterion 1. Legal status of the employee. The terms of the contract are affected by whether the hired employee belongs to a category for which the Labor Code provides for special employment conditions.

These include:

old age pensioners;
Foreigners;
persons with family responsibilities;
minors etc.

→ Experts from the magazine “Personnel Business” will tell you

Criterion 2. The category to which the employer belongs. An individual entrepreneur, a legal entity or an individual without entrepreneurial status can enter into labor relations as an employer. These parameters are specified in the document details.

Criterion 3. Nature of labor relations. In addition to the main employment at the employer’s location, the employment relationship may be of a different nature, which must be reflected in the terms of the contract:

at the same time;
at the main place of work.

Criterion 4. Duration of the contract. Indicated as one of the conditions if there are legitimate reasons for limiting the duration of the employment relationship.

How are the types of employment contracts distinguished by duration?

A fixed-term contract is concluded in two cases:

Due to objective circumstances or the nature of the work (Part 1 of Article 59 of the Labor Code of the Russian Federation).
By mutual decision of the parties, if such a possibility is provided for by the Labor Code of the Russian Federation (Part 2 of Article 59 of the Labor Code of the Russian Federation).

The validity period of the contract is established if the employee:

performs seasonal or short-term (up to two months) work;
performs work that goes beyond the normal activities of the enterprise or is related to the temporary expansion of production;
performs the duties of a temporarily absent permanent employee;
goes to work abroad;
undergoes an internship, practical training, training or alternative civilian service at the enterprise;
accepted into an organization created for a predetermined period, or to perform a predetermined job;
sent by the employment service to public or temporary work;
elected for a certain term to an elected position or to an elected body.

9 situations when a contract is concluded with an employee by agreement of the parties

Pensioner by age or part-time worker.
Creative worker in the media, theater or theater studio, circus or concert organization, cinema.
A person goes to work for an employer who is a small business entity, including an individual entrepreneur, whose staff does not exceed 35 people (in the field of consumer services and trade - 20 people).
An employee moves for work to regions of the Far North or equivalent areas .
The employee was hired to carry out urgent work to prevent emergency situations- accidents, epizootics, epidemics, accidents, man-made and other disasters - or liquidation of their consequences.
A person gets a job as a manager, deputy manager or chief accountant of an organization of any form of ownership.
In parallel with work, the employee receives full-time education.
A person is accepted into the crew of river, sea and mixed navigation vessels.
The employee is unable to work on a permanent basis due to health reasons.

The minimum duration of a fixed-term contract is not limited; the maximum permissible is 5 years. It is drawn up in the same manner as other types of employment contracts: the Labor Code of the Russian Federation contains only one additional requirement - a condition of urgency indicating a specific reason. And just like all types of employment contracts, 2018 has its pros and cons:

Advantages	Flaws
For employee
Official employment with the right to paid leave, sick leave and other guarantees.	Employment for a maximum of 5 years. There is no guarantee that work will continue after the deadline.
For the employer
Simplified procedure for unilateral dismissal due to expiration. Shortened notice period for dismissal (3 days).	The risk of reclassifying the employment relationship as permanent at the slightest violation of the procedure. If an employee is pregnant, dismissal after the expiration of the contract is permissible only in the event of liquidation of the enterprise or if the contract was originally concluded to perform the duties of an absent employee, and there is no possibility of transferring the employee to another position.

Note! Any contract in which there is no provision for a limited period of validity is considered by law as unlimited.

How certain types of contracts are reclassified in labor law

Changing the type of contract is called requalification. For example, a court can reclassify a civil law contract as an employment agreement, and a fixed-term employment agreement as an open-ended one, if it finds grounds for this.

Reasons for retraining

Careless design.
Violation of labor laws when concluding a contract.
Mutual decision of the parties.

Read more about legal and financial risks for re-qualification of GPC agreements, read the article “ The difference between an employment contract and a civil law one" The parties can recognize a fixed-term employment relationship as indefinite on a voluntary basis by concluding an agreement.

Additional agreement on requalification of a fixed-term contract

An employment contract is an important document that cannot tolerate negligence. Clearly state the conditions, taking into account the type and duration of the contract, guarantees and benefits provided to the employee, and the specifics of the work assigned. If you hire a temporary or seasonal employee, check the provisions of Article 59 of the Labor Code of the Russian Federation to avoid litigation and retraining.

Applying for a new job is accompanied by the signing of an employment contract. This document establishes the rights and obligations of both the employee and the employer, which allows the parties to avoid conflicts and controversial situations. In this article we will look at the concept, types of employment contracts and the possibility of converting an open-ended contract into a fixed-term one.

What is an employment contract

An employment contract is an agreement entered into between an employee and an employer. Its essence boils down to the following: the employee undertakes the obligation to personally perform a certain job function and adhere to the internal regulations of the organization, and the employer - to provide the employee with certain work, pay for it on time and in full, and also provide him with working conditions in accordance with the requirements of the law .

After concluding an employment contract, labor relations arise between the employee and the employer. This document must indicate the details of a legal entity or individual entrepreneur, information about the parties and the conditions under which the agreement was reached.

The table shows the main functions of the employment contract

How are employment contracts differentiated?

There are several types of employment contracts. They are grouped according to such criteria as duration of validity, nature of the employment relationship, type of employer, legal status of the employee and nature of working conditions.

Distinguish the following types employment contract by duration:

Additional Information

The type of employment contract also depends on the volume of work. These could be: 1) an agreement on the main work - it implies that the employee’s main place of employment will be with a given employer, which imposes on the employee to perform a specified amount of work during the working day allotted by the contract. Another nuance is finding the employee’s work book at his main place of employment. 2) part-time agreement - implies that the employee who has the main job free time devotes himself to additional work. Part-time working hours should not exceed 4 hours per day.

Indefinite employment contract.
Urgent.

According to the nature of labor relations, employment contracts are divided into 6 types:

Employment contract at the main place of work.
Part-time (according to the law, this type of work cannot be performed without concluding an employment contract).
For performing state (municipal) service.
To perform home work.
To perform temporary work.
To perform seasonal work.

There are also 2 types of employment contracts, based on the type of employer:

The employer is an individual (in this case, it is understood that the employer is an individual without registration as an individual entrepreneur; these include service personnel - nanny, personal driver, gardener and other employees).
The employer is an organization (legal entity or individual entrepreneur).

Based on the legal status of the employee, the following types of employment contracts are distinguished:

An employment contract concluded with a minor employee.
A prisoner with a person carrying out family responsibilities.
Prisoner with a foreigner.
A prisoner with a stateless person.

Depending on the nature of working conditions, there are 4 more types of employment contracts:

An employment contract that requires work under normal working conditions.
In night working conditions.
When working in difficult climatic conditions (in the Far North and territories equivalent to it).
Working in hazardous and hazardous conditions.

Instead of an employment contract, a contract can be drawn up. It is a type of employment agreement that is of a fixed-term nature (from one to five years) and also offers a minimum payment for violation of the employee’s rights.

The difference between a fixed-term employment contract and an open-ended one

The Labor Code of the Russian Federation clearly states the differences between fixed-term and unlimited-term employment contracts. The main one is the scope of the agreement. A fixed-term employment contract is concluded for a period of up to 5 years (unless otherwise provided by the Labor Code or other federal laws). Such a document indicates the expiration date of its validity. An open-ended employment contract is concluded for an indefinite period. It does not have an exact validity period and in practice is used in most cases when registering a new employee.

Watch a video about the types of employment contracts and their features

Is it possible to turn an open-ended employment contract into a fixed-term one?

The employment contract always contains an indication of its urgency. This and other clauses of the agreement between the employee and the employer, Art. 72 of the Labor Code of the Russian Federation allows for adjustments, but only by agreement of the parties. Therefore, the only way to convert an open-ended employment contract into a fixed-term one is to draw up an additional agreement to change the conditions.

There are also cases in which labor legislation prohibits changing the duration of an employment contract. According to Art. 58 of the Labor Code of the Russian Federation, this cannot be done in order to evade providing the employee with the rights and guarantees that an open-ended agreement provides.

If you have questions, write in the comments

Types of employment contracts. Features of certain types of contracts.

Types of employment contracts. The legislator divides all employment contracts into three types according to the duration of their validity (Article 17 of the Labor Code of the Russian Federation):

contract with an indefinite duration;
fixed-term contract concluded for a period of no more than five years;
a contract for the duration of a specific job. The latter type of contract is also limited in duration, but this time is limited not by a calendar period, as in a fixed-term contract, but by the time of completion of a certain job (seasonal, temporary, etc.).

However, this classification does not yet reflect the features of all types of employment contracts, and these features exist both in the order of conclusion and in the content various types contracts And there is no single criterion for classifying employment contracts. Each of these types of contracts can in turn be divided according to the peculiarities of the procedure for their conclusion and content into the following types.

Contract with an indefinite duration is:

ordinary, when, as a rule, the parties determine the place of work, the labor function of the employee, and in many (previously indicated) cases, the amount of wages; such an agreement is concluded in most cases;
a contract, which may be for an indefinite period, but, as a rule, it refers to fixed-term contracts;
with the stated period for training by a young worker and a young specialist in the direction upon completion of studies in vocational schools, in higher and secondary vocational educational institutions;
accepted by competition;
on combining professions;
with a freelance worker;
about home work.

Fixed-term employment contract is:

Contract;
according to organized recruitment;
for work in the Far North or equivalent areas;
for any specific calendar year not exceeding five years (for example, for the duration of long vacation a permanent employee in connection with maternity leave and child care up to one and a half years old can accept an employee under a fixed-term contract, or under a contract for a specific job;
for industrial training or apprenticeship for a period of at least six months, which is then transformed into a regular contract with an indefinite period;
with the head of the organization for a period determined by the charter of this organization.

But a fixed-term contract cannot always be concluded, but only if it is impossible to conclude an agreement with an indefinite period, taking into account the nature or conditions of the upcoming work, the interests of the employee and when the law directly provides for the conclusion of a fixed-term contract (Part 2 of Article 17 of the Labor Code of the Russian Federation). Thus, the Law “On Education” directly provided for the conclusion of a contract with teachers for a period of five years, the same with civil servants, with heads of organizations and other employees.

Contract for the duration of certain work limited in time by the nature and volume of work. It can be of three types:

temporary work agreement;
seasonal work agreement;
a contract for certain other work (except temporary and seasonal), which, by its nature and scope, must end with its completion.

Let us consider the features of the previously mentioned individual types of employment contracts. And let's start with the contract and civil servant agreement as new types of employment contracts.

A contract is a new special type of employment contract. In the new edition of the Labor Code of the Russian Federation, wherever an employment contract is discussed, the contract is indicated in brackets. It was previously emphasized that a contract is the new kind labor contract, born in the transition period to market relations.

It was first introduced in 1991 by the now repealed Law of the RSFSR “On Enterprises and Entrepreneurial Activities”, which provided in Art. 31 that when appointing or electing the head of an enterprise, a contract (agreement) is concluded with him, which defines the rights, duties and responsibilities of the head of the enterprise to the owner of the property and the workforce, the terms of payment for his work, the term of the contract, the conditions for release from his position. The terms of this contract must be agreed upon with the workforce. Thus, the legislator defined here the content of the direct terms of the contract, negotiated by the parties, much wider than it was in a regular employment contract, including in them conditions on responsibility and the possibility of additional grounds for dismissal from the position of the head of a state or municipal enterprise, in the presence of which he is dismissed under clause 4 of Art. 254 Labor Code, i.e. according to “stipulated by the contract concluded with the head of the enterprise.” Then contracts began to be concluded with other categories of workers (creative workers, specialists from television and radio companies, workers in education, healthcare, sports, etc.). The essence of the contract consists in a broader content of the immediate conditions agreed upon by the parties, which should not, however, worsen the position of the employee in comparison with labor legislation. Thus, labor legislation determined with whom a contract must be concluded.

Contract- this is a special type of employment contract concluded in accordance with special legislation on this between the employee and the employer, which contains a wide range. conditions agreed directly by the parties, including on issues of labor organization, its stimulation, social security, liability, etc. The legal nature of the contract is different for two categories of workers: in some cases, concluding an agreement upon hiring is an obligation for a number of officials, and in others - a subjective right implemented by agreement between the employee and the employer, when both parties have the right to the type of employment contract. Now there are several sample contract forms (for heads of organizations, etc.) that facilitate its conclusion. Sample forms are purely advisory in nature and allow the parties to more successfully and quickly agree most conditions, individualize the contract.

Thus, there are Recommendations of the Committee on Higher Education dated November 10, 1992 on the contractual form of concluding an employment agreement with the teaching staff of a state educational institution (unit) and an approximate form of the contract attached to them. Such a contract is concluded in accordance with paragraph 2 (of the Law of the Russian Federation “On Education” with newly admitted employees, and with teaching staff and researchers, respectively, after the expiration of their five-year period of competitive election or certification. The contract, as a rule, is concluded for a period of five years. And although in the Labor Code of the Russian Federation it is placed in brackets next to the employment contract, this does not give the right to assert that they are synonyms. An employment contract is a broad generic concept, and a contract is its specific part.

Employment contract for a civil servant has many features in accordance with the Federal Law “On the Fundamentals of Public Service Russian Federation" dated July 31, 1995. These features exist in admission to the civil service, its passage and dismissal. It provided for both a number of exemptions and a number of labor benefits for civil servants compared to general labor legislation.

A public position is a position in federal authorities, authorities of constituent entities of the Russian Federation, as well as in other government agencies created in accordance with the Constitution of the Russian Federation, with established responsibilities for the execution and provision of the powers and activities of this body.

The law divided all government positions into three categories: A, B and C.

To category A include the highest government positions established by the Constitution of the Russian Federation, federal laws, constitutions and charters of the constituent entities of the Russian Federation (president, prime minister, ministers, heads of chambers Federal Assembly and the same positions and heads of administrations in the constituent entities of the Russian Federation, judges, deputies, etc.). Their salaries are determined by federal laws and laws of the constituent entities of the Russian Federation.

The list of government positions of all three categories is indicated in the Register of Public Positions. By rank they are classified into 5 groups: senior (5th group), main (4th group), leading (3rd group), senior (2nd group) and junior (1st group).

Civil servant called an employee holding a public position.

They are accepted by competition or appointment. The trial period for taking them can be set from 3 to 6 months. Their labor contract is limited to the age of 60 years. Citizens of Russia who are at least 18 years old and have the right to enter the civil service have the right to state language with professional education that meets the requirements established by law for civil servants. Citizens who have been recognized by a court as incompetent or partially capable, who have been deprived by a court of the right to hold public office, in the case of a disease that prevents the performance of the position of a civil servant, or refusal of the procedure for obtaining access to information constituting state or other protected by law cannot be accepted and remain in the public service. secret, refusal to provide information specified in Art. 12 of the Law. And this article provides information about income, property status, etc. Upon admission, a citizen submits a number of documents, including information about his state of health. Occupation of a public office of category A is limited to the period of election or appointment to the corresponding position. In general, an employment contract for a civil servant is concluded for an indefinite period or for a period of no more than five years. This agreement includes the citizen’s obligation to ensure compliance with the Constitution of the Russian Federation and federal laws in the interests of Russian citizens.

Entry into the civil service is formalized by an order issued by a state body on appointment to a public position. Such an appointment is made for category B - on the proposal of the relevant persons of category A, for positions of the 1st group, category B - by the relevant official, for positions of the 4th and 5th groups of category B - based on the results of the competition.

To determine the level of professional training, suitability for the position held and to assign a qualification category, civil servants are certified at least once every four years and no more than once every two years in the manner established by federal laws and the laws of the constituent entities of the Russian Federation.

A civil servant does not have the right to: engage in other paid activities (except for teaching, scientific and other creative work), be a deputy, engage entrepreneurial activity, be a member of the governing body commercial organization, take part in strikes. It also has other restrictions provided for in Art. 11 of the Law on Civil Service. But it has a number of vacation benefits, including additional leave for length of service; it is also possible to leave without pay for up to one year, benefits in wages and on other issues.

The law provided for the basic rights and obligations of a civil servant, disciplinary measures, including a warning about incomplete official compliance and removal to a lower position. Civil servants are assigned the following ranks: for the highest positions - actual state adviser of the Russian Federation, for the main ones - state councilor, for the leading ones - state adviser of the 1st, 2nd and 3rd classes, for senior positions - civil service adviser of the 1st, 2nd and 3rd classes, and for juniors - civil service assistant 1st, 2nd and 3rd class. The Law (Article 25) established additional grounds for dismissal for them: retirement, reaching the age limit for holding a public position, termination of Russian citizenship, non-compliance with the duties and restrictions established by this Law, disclosure of state or other secrets protected by law, the emergence of those provided for in Art. . 21 of the Law of Restrictions. Extension of stay in the civil service of a person who has reached the age of ___ years can be only one-time for no more than a year. After reaching 65 years of age, a civil servant can continue to work in government bodies under the terms of a fixed-term employment contract.

The features of the employment contract of judges are determined by the Law of the Russian Federation “On the Status of Judges in the Russian Federation” of June 26, 1992. It established the age for a judge - not younger than 25 years, the position of a judge is lifelong, since judges are irremovable, unless otherwise provided by law. Their powers may be suspended or terminated on general or additional grounds established in this Law, which will be discussed further in the paragraph on dismissals. They also have a number of restrictions (you cannot engage in business, etc.) and a number of labor benefits under this Law.

Heads of administrations in the executive branch also belong to civil servants. The head of the administration of a constituent entity of the Russian Federation is the highest official of a territory, region, federal city, autonomous region, district. This employment contract has the following features in accordance with the Regulations on Heads of Administration, approved by the Decree of the President of the Russian Federation of October 3, 1994:

The head of the administration, if he did not occupy this position as a result of elections, is appointed to the position and dismissed from office by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation.
His dismissal from office is also carried out in the event of a written resignation, loss of citizenship of the Russian Federation, the entry into force of a conviction against him, or recognition of him as incompetent by a court decision that has entered into legal force. These are additional grounds for his dismissal.
The head of the administration is obliged to resign if he is elected as a deputy of the legislative (representative) body of a subject of the Federation or a local government body, as well as if he performs any paid work (except for teaching, scientific or other creative activities).
The head of administration appoints and dismisses heads of city and district administrations and applies measures to them disciplinary liability(unless this applies to local governments).
The head of the administration has the right to a monthly bonus of up to 40 percent and a bonus for complexity and special work hours of up to 50 percent, the right to annual and additional paid leave of at least 36 working days, as well as the right to receive benefits upon release from his position for up to one year in the amount of the salary of the head of administration and an additional payment if his salary for the new job is lower than the previous one.

As can be seen from the above features of the employment contract of civil servants, they are established not only by special norms-exemptions, but also by norms-benefits, providing for them a number of privileges and incentives.

New types of fixed-term employment contracts include labor agreement (contract) with the head of the organization, concluded for a period that is established in accordance with the constituent documents of the organization by the decision of the owner of the organization’s property (the authorized body of the organization, which has the right to represent the organization in labor relations with its director and conclude an employment contract with him). The features of this employment agreement (contract) will be determined by the Federal Law “On the Peculiarities of Labor Regulation of the Head of an Organization,” the draft of which was approved in the second reading State Duma in May 1997

This draft indicates that the labor relations of the head of the organization are regulated by labor legislation, taking into account the features established by this Law. It gives the concept of an employment agreement (contract) with the head of the organization, according to which the manager “obliges to manage the organization conscientiously and wisely”, to exercise his powers, and the owner of the organization’s property (the authorized body of the organization) undertakes to provide the manager with working conditions provided for by labor legislation and the employment contract ( contract). The draft Law specifies what conditions should be determined in the employment contract: the term of the contract, the amount of salary, the amount of compensation for early termination employment contract through no fault of the manager, his powers to manage the organization, including the right to hire and fire employees, his responsibility for violating the terms of the employment agreement (contract), for economic results of activities, safety and intended use of property, the condition of non-disclosure of official (commercial) ) secrets. An employment agreement (contract) by a manager may include conditions for social guarantees for him, his family members, for payment of his share of net profit organizations, as well as other conditions that do not worsen its position in comparison with labor legislation, with the exception of the exceptions provided for by the specified Federal Law. The exemptions for this project are as follows:

Part-time work is limited. He can do this only with the permission of the owner of the organization’s property (its authorized body). He cannot be a member of the bodies exercising supervisory and control functions;
he is obliged to annually submit to the founders (participants) of the organization or its authorized body a declaration of his income;
he is obliged to inform them about all transactions of the organization in which he may be recognized as an interested party (including transactions where the parties are his relatives or relatives or if they hold positions in the management bodies of a party to the transaction);
in addition to disciplinary sanctions (Article 135 of the Labor Code of the Russian Federation), he may be subject to the following disciplinary sanctions: suspension from office for no more than one month until the issue of liability is resolved, deprivation of the right by the court to hold the position of head of organizations and positions in a collegial management body for a period of up to 3 years. The owner of the organization’s property applies to the court with a petition for this, i.e. this is his disqualification;
he bears financial responsibility for losses caused by his guilty actions (inaction) to the organization with all his property.

For the head of an organization, this Law provides for additional grounds for dismissal (Article 17), which will be discussed further in the paragraph on dismissals. He is also obliged to pay the organization compensation in the amount of 100 times the minimum wage if he quits early without good reason. The place of work is different from the employee's workplace. The latter can change (with the consent of the employee, if the essential working conditions do not change; the workplace may also be non-permanent, for example, if the work is traveling. The place of work determines with which employer the employment contract is concluded, and it cannot be changed without the consent of the employee The head of the organization determines his workplace himself.

Legislation often establishes qualification requirements to production managers and their professional education. Federal Law “On Joint Stock Companies” of December 26, 1995 in Art. 69 provides that the combination of positions by the head of this organization in the management bodies of other organizations is permitted only with the consent of the board of directors. The same article in paragraph 3 provides that in a joint stock company general meeting shareholders or the board of directors have the right to terminate the agreement with the manager at any time.

Employment contracts for young workers, graduates of vocational schools, and young specialists who have graduated from higher and secondary specialized educational institutions in the direction of the enterprise, occupy a special place in the system of employment contracts. They cannot be completely attributed to ordinary contracts for permanent work with a certain period of validity, since during the period of compulsory work after graduation for a young worker and young specialist special legal norms apply (procedure for transfers, dismissals, etc.), and he cannot be dismissed due to at will according to Art. 31 Labor Code of the Russian Federation. But this is not a fixed-term contract, since the expiration of the mandatory work period does not give the administration the right, as with a fixed-term employment contract, to terminate this contract upon expiration of the period. Nowadays, the training and placement of young specialists has been regulated in a new way by the Decree of the Government of the Russian Federation “On targeted contract training of specialists in higher and secondary specialized education” dated September 19, 1995. Such training under contracts is carried out among those individuals who are trained at the expense of budgetary funds. The contract is concluded by the relevant educational institutions with the employer on targeted training for this employer a certain number young specialists. In accordance with this contract, the educational institution forms, on a voluntary basis, a contingent of students with targeted training for a given employer. The scope of such targeted training of specialists is established by the federal executive authorities to which these special educational institutions are subordinate, in agreement with the Ministry of General and Professional Education of the Russian Federation within the limits of admitting students at the expense of the federal budget.

No later than three months before the student graduates from a professional higher or secondary educational institution, he concludes, at the proposal of the head of this institution, a contract with the relevant employer who has an agreement on targeted training of specialists. Thus, the former Soviet form of mandatory assignment of university and technical school graduates to work has been replaced by a contractual form of targeted training and a contractual form of assignment to work. Moreover, both agreements are called contracts, and they are closely related to each other.

At the suggestion of the rector of the university, the director of the technical school or other professional educational institution, the graduate enters into a contract with the director to work for him in his specialty for a period of up to three years. According to this contract, the position of the young specialist must correspond to the profile and level of his professional education. This contract provides for mutual obligations of its parties and mutual responsibility for violation of laws. This government resolution provides for a number of suspensive and dispensable conditions that free graduates to enter into such contracts with the employer if the graduate has good reasons(medical contraindications for this work, the presence of parents or a spouse (the spouse of a disabled person of groups I and II (i.e. completely disabled), if the work is offered not at their place of residence, or pregnancy, the presence of a child under 1.5 years old, if the work is offered not at the place of residence of the family or if the proposed work does not correspond to the education received, etc.) In other cases, graduates who refuse to conclude a labor contract with a given employer or violate it are required to reimburse the educational institution and the employer before receiving a diploma for the costs of the scholarship and other social benefits (additional payments) and benefits in the manner and on the terms specified in the contract. Only those who studied with only “excellent” marks from the moment of signing the contract, as well as orphans, disabled people of groups I and II, combat veterans, injured from radiation disasters and receiving scholarships without fail by decision of the President of the Russian Federation and the Government of the Russian Federation.

Employment contract of an employee hired through a competition, conclude:

persons who have passed the competition for vacant positions of teaching staff of universities and researchers of research institutes and laboratories;
artists, directors and other theatrical creative workers who have passed the next competition that is announced for these positions;
civil servants may be hired through competition. Employees hired through competition are hired by order of the manager (director). They are not subject to certification. The peculiarity of this employment contract is that it is concluded only with persons pre-elected through a competition by secret ballot.

All positions of scientific and pedagogical workers of universities in accordance with Art. 20 of the Federal Law “On Higher and Postgraduate Education” vocational education dated July 19, 1996 are replaced under an employment agreement (contract). The conclusion of an employment agreement (contract) for a scientific and pedagogical employee of a university for a period of up to five years is preceded by a competitive selection for the positions of dean of the faculty and head of the department are elective. The procedure for their elections is determined by the statutes of universities. In state and municipal universities, the positions of rectors, vice-rectors, deans of faculties, heads of departments, heads of branches of institutes will be held by persons no older than 65 years. Upon reaching this age, these persons are transferred, with their consent, to other positions according to their qualifications. For the rector, upon the recommendation of the academic council of the university, the founder has the right to extend the term of office of the rector until the age of 70. And for other positions, this period can be extended by the rector of the university until they reach 70 years of age.

Employment contract for combining professions(positions). The procedure and conditions for combining professions (positions) are established by agreement of the parties to the employment contract.

Combining professions (positions) means the performance by an employee of his job function, along with his main profession (position), of additional work in another profession (position), and by expanding the scope of work, service areas, the performance of additional work during the same working day (shift). volume of work for the same profession or position.

Such types of work are allowed under one employment contract during the established duration of the working day (shift), if it is economically feasible and does not lead to a deterioration in the quality of products, work performed, or service to the population. They are used to increase labor productivity and perform the established amount of work with fewer personnel.

Due to the need for greater savings and best use working hours, work in two or three professions combined at the same time is currently widely developed. The procedure and conditions for combining professions (positions) in production and non-production sectors of the national economy are different. An employment contract on combining professions (positions), as well as on expanding service areas or increasing the volume of work performed, is drawn up by order (instruction) of the administration in agreement with the trade union body, indicating the combined profession (position), the volume of additional functions or work performed and the amount of additional payment for this. In the same manner, the cancellation or reduction of the specified additional payment is formalized, of which the employee must be notified at least a month in advance.

In the timber industry and forestry written consent employee combination of professions can be no more than three related, related professions or jobs in relation to the employee’s main activity. At the same time, qualified workers cannot be hired to perform additional work charged below the third category. Specified additional work they are performed when, due to production conditions, it is not possible to perform work in the main profession (specialty, position).

Employment contract with persons working for citizens under contracts (domestic workers, etc.) The specifics of this agreement are established by the Regulations approved by the State Labor Committee of the USSR and the All-Union Central Council of Trade Unions on April 28, 1987." The labor of persons working for citizens under contracts is used to perform work in their household, providing them technical assistance in literary and other creative activities, etc.

The agreement must be registered with the local trade union body no later than seven days after it is signed by the parties.

Work books are kept for these workers. Entries are made by the trade union body on the basis of an agreement. The time worked under the contract is counted towards the total and continuous work experience.

Persons working for citizens under contracts may include secretaries, car drivers, nannies, etc.

It is not allowed for a citizen to conclude an agreement with persons who are closely related or related to him (parents, spouses, brothers, sisters, sons, daughters, as well as brothers, sisters, parents and children of spouses). This rule does not apply to persons caring for group I disabled military personnel who have become disabled as a result of injury or injury received in the defense of the Fatherland or in the performance of other duties. military service or as a result of an illness associated with being at the front, as well as caring for disabled people of group I, recognized as such due to a work injury or occupational disease, and visually impaired (blind).

Employment contract for part-time work(part-time work week) can be concluded by agreement of the parties in accordance with Art. 49 Labor Code of the Russian Federation. In these cases, agreements on the duration of a part-time working day (week) and its regime are one of the necessary conditions for this type of employment contract. Part-time work does not entail any restrictions on labor rights. In this case, remuneration is made in proportion to the time worked or depending on output. An employee can be hired part-time, either permanently or temporarily. Part-time work is allowed for women with children who require supervision, for pensioners, disabled people, full-time students and others in need.

Admission to work with a part-time or part-time work week is carried out on a general basis, but a record of part-time work is not recorded in the work book.

Incomplete work time can be established by agreement of the parties either without a time limit or for any period convenient for the employee: until the child reaches a certain age, for a period school year etc. The order on the admission of women with children to part-time work specifies the duration of work, the duration of working hours, its schedule (regime) during the working day or week and other conditions. At the same time, the work regime is stopped in agreement with the trade union committee, taking into account the wishes of the woman. These modes can be, as a rule, of three types, i.e. may include a reduction in duration daily work(shift) or the number of working days per week, or both at the same time, but on the condition that the duration of the working shift (day) should not be less than four hours, and the working week - less than 20-24 hours, respectively, at 5 and 6 day week. Other operating modes can be set. Nowadays, parties to an employment contract are more free to enter into an agreement to work part-time.

Part-time work is counted toward all types of work experience, including vacation time.

Employment contract with a non-staff employee. Non-staff workers are persons who perform a certain labor function in a production team, subject to the rules of its internal labor regulations, but are not included in the regular (payroll) staff. These include insurance agents, booksellers, artists, reporters and other freelance workers. An employment contract with a non-staff worker is usually concluded according to standard form in writing (employment agreement) and for a certain period. The contract specifies the work and its volume, time standards and prices for the work, start and end dates, total cost and work schedule.

Employment contract for industrial training is to train new skilled workers (mainly young people) directly in production. This training is carried out through coursework, group and individual forms of training within the working hours established for workers of relevant ages, professions and industries (Article 185 of the Labor Code of the Russian Federation). Course training is carried out according to special complex professions. Training periods vary. When concluding an industrial training agreement, the agreement of the parties stipulates training in a specific specialty for a period, usually up to six months.

During the period of industrial training, the worker is subject to general standards labor law and special standards for industrial training. The main labor function of the employee under this contract is to study the specialty, although at the same time he also performs certain production tasks in the specialty being studied. Industrial training ends with passing qualifying exams to the qualification commission, which determines the worker’s rank, class, etc. in the specialty received. Based on the commission’s protocol, the head of the enterprise and workshop, in agreement with the trade union committee, sets the worker’s wage category, after which the employment contract for industrial training is converted into a regular contract with an indefinite period. And the worker already works according to his assigned tariff category of this specialty. When, when concluding such an agreement for industrial training, the worker signed that upon completion of the training he undertakes to work in this organization for at least a certain period of time (2-3 years), then in this case this agreement cannot be considered fixed-term, i.e. after the expiration of the specified period of service, the administration cannot dismiss the employee, as with a fixed-term contract upon expiration of the term.

The considered types of employment contracts with an indefinite duration should be distinguished from fixed-term contracts concluded for a specific calendar period stipulated in the contract. At the same time, such fixed-term contracts, as an agreement on organized recruitment, agreements for work in the regions of the Far North and equivalent areas are concluded on the basis of standard agreements, which indicate the terms of this type of agreement. Fixed-term employment agreements (contracts) are concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done, or the conditions for its implementation, or the interests of the employee, as well as in cases directly provided for by law. This clause is part 2 of Art. 17 of the Labor Code of the Russian Federation limits the arbitrariness of the administration in concluding an agreement (contract) for a period.

Employment contract in the order of organized recruitment of workers As a rule, it consists of leaving for another area for a period of at least one year, and for seasonal work - for the period of the season.

For work at enterprises in the Far East, Siberia and other regions, an organized recruitment contract is concluded for a period of at least two years, and for work in the Far North - for a period of up to five years.

Organized recruitment of workers is carried out with the aim of providing labor for the most important construction projects in the country, for which an annual recruitment plan is approved in a certain area. It is carried out as planned through authorized local employment authorities, which act on behalf of the relevant organizations and construction sites. The rights and obligations under this agreement belong to the organization on whose behalf the agreement was concluded.

An employment contract for organized recruitment is concluded with persons no younger than 18 years of age and no older than: men - 55 years old, women - 50 years old. When concluding this contract, the worker agrees on the place of work, the type of work, the duration of the contract and the time of departure to the destination. All other terms of the employment contract, including benefits, are established by regulation - a standard employment contract. A standard employment contract provides for the organization’s obligation to organize training for arriving workers, pay, as a rule, a one-time benefit to the employee, relocation compensation and provide the employee with housing. At early dismissal not through the fault of the employee, and also in case of dismissal after the expiration of the contract, the organization is obliged to pay the employee the cost of return travel to permanent place residence.

Employment contract for work in the Far North and in areas equated to these areas, it can be concluded either by organized recruitment or in another manner in writing by persons who came from other areas, for a period of up to five years, and for work on the Northern Islands Arctic Ocean for a period of two years. At the end of this period, the contract, at the request of the parties, can be re-concluded for the same period or extended for a period of at least a year, and in those areas where departure depends on navigation - until it opens.

The contract specifies the date and place of its conclusion, the names of the parties, the validity period of the contract, the labor function (position, specialty) for which the employee is hired, his official salary or tariff rate, place of permanent residence and benefits.

The features of this employment contract are provided for in Art. 250 and 251 of the Labor Code of the Russian Federation and the Law of the Russian Federation of February 19, 1993 “On state guarantees and compensation for persons working and living in the regions of the Far North and equivalent areas.” This Law also established new labor benefits for them. For example, a 36-hour work week (instead of 40 hours) was established for women with full pay as in a normal work week, and additional vacations were increased for all employees.

The lists of regions of the Far North and equivalent areas are determined by a list approved centrally in accordance with Art. 2 Laws. To attract to these areas work force Our state establishes certain benefits, which are divided into basic and additional. Employment contracts of indefinite duration may be concluded with local residents. But they are not entitled to additional benefits; they are entitled only to basic benefits. Basic benefits are provided to all employees, whether they are expatriates or local residents. They consist of certain monthly supplements to wages, annual additional vacations and the right to combine vacations in whole or in part, but not more than for two years, in payment for _______ two years of travel to the place of use of vacation and back, in addition to temporary disability benefits up to the amount of average earnings, in reducing the age required for the appointment of an old-age pension and other benefits.

For persons who have entered into a fixed-term employment contract, in addition to the indicated basic benefits, additional additional benefits are established:

increased payment for moving to the place of work; persons who, after the expiration of the first contract, renew the contract for the same new term, are paid a one-time benefit in the amount of 50 percent of the average monthly earnings (excluding the regional coefficient, remuneration for long service and “northern”, and, accordingly, remoteness allowances);
payment for the return travel of the employee and his family members to their permanent place of residence after the expiration of the contract or in the event of its early termination through no fault of the employee;
provision of living space at the place of work and reservation of housing at a permanent place of residence for the entire duration of the employment contract;
Increased credit (from March 1, 1960, one and a half years per year of work) in the length of service of time worked in these areas.

If a fixed-term employment contract is concluded by an employee who has already arrived at the place of work, then he enjoys all additional benefits, except for payment for moving to the place of work.

For persons discharged from military service in the regions of the Far North and equivalent areas, from January 1, 1968, the time of active service in these regions is counted towards the length of service, giving the right to receive “northern” benefits, if within three months after dismissal from the Armed Forces They arrived at the enterprise in _________ places.

Employment contract for part-time work. Part-time work is the simultaneous occupation by a worker, in addition to the main one, of another paid position or the performance by the same employee, in addition to the main one, of another regular paid job as a worker or employee. Part-time workers, therefore, have two employment contracts: one for their main job, the other for a part-time job.

The scope of the labor function, working hours and part-time payment are also necessary terms of the contract, established by agreement of the parties.

The peculiarities of a part-time employment contract are present not only in the order of its conclusion and termination, but also in the terms of the contract. For example, a condition regarding working hours. Main regulations, establishing the features of a part-time employment contract are: the resolution of the Council of Ministers of the USSR of September 22, 1988 “On part-time work” and the regulations on the conditions of part-time work, approved by the resolution of the State Committee for Labor of the USSR, the Ministry of Justice of the USSR and the All-Russian Central Council of Trade Unions of March 1989, as amended and additions.

Nowadays, a part-time contract can be concluded by any employee, except for those for whom it is prohibited by special legislation (judges, prosecutors, civil servants, etc.).

Part-time work is usually performed on a part-time basis and is paid for the actual duration of work. Submission of a work book for combined work is not required. In the same institution, part-time work is allowed for workers, junior medical and junior service personnel within no more than half of the normal working time in the following institutions: healthcare, social security, pre-school and out-of-school institutions, boarding schools, higher and secondary specialized educational institutions, holiday homes, tourist centers, boarding houses and campsites. In this case, permission from the labor authority is not required. The work of full-time university and technical school students in organizations in their free time from study is not considered part-time work.

At the request of the employee in his work book a record of part-time work may be made on the basis of copies by order to this effect.

Employment contract with a seasonal worker is concluded for seasonal work, which, due to natural and climatic conditions, is carried out only during a certain period (season) not exceeding six months. Lists of such seasonal work are approved for each locality. These lists include mining and production work building materials, removing snow and ice, collecting fruits and vegetables, etc.

An employment contract for seasonal work can be concluded for a season or a certain period within six months. The person hired must be warned about seasonal work when concluding the contract, and the order (instruction) directly states that this employee accepted for seasonal work. Otherwise it will be a contract with an indefinite duration.

The employment contract of a seasonal worker has features not only when hiring and dismissing, but also in terms of working hours and _______ The Decree of September 24, 1974 does not apply to seasonal workers in the forestry industry and forestry, whose work is regulated by the Decree of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions dated 29 October 1980. He also approved a list of seasonal work in this industry, which includes 15 types of work.

Employment contract with a temporary worker has its own characteristics, defined by the Decree of the Presidium of the Supreme Soviet of the USSR of September 24, 1974 “On the working conditions of temporary workers and employees.” The employee is warned about temporary work upon hiring; this is noted in the order (instruction) on hiring. Unlike the contract of a seasonal worker, the employment contract of a temporary worker is not related to the nature of the work, but to for a short time doing the work.

Employees hired for a period of up to 2 months are recognized as temporary, and to replace an absent permanent employee for up to four months. If a dismissed temporary employee is rehired by the same organization within a week, and the total period of his work before and after the break exceeds two or four months, respectively, then the employment contract is considered from the first day of work to be a contract with an indefinite period. The same legal consequences will apply if, after two (four) months, the temporary worker continues to work and neither party has demanded termination of the employment contract.