The presence of a concluded employment contract is important, since this document is the basis for the emergence of working legal relations, which determines the legal status of the employee in the organization. In the article you will find a sample employment contract with an employee in 2019.
At what age can you enter into a contract?
As a general rule, an employer can conclude employment contract with an employee (you can download the 2019 sample for various professions at the end of the article) who has reached the age of 16 years.
However, there are exceptions to this rule.
Conclusion is possible from the age of 15, subject to hiring an employee who has general education, to perform light work that will not harm his health. Can be concluded with persons of this age if they have left educational organization without having received basic general education, and continue their education in a different form, but only without compromising the mastery of the training program.
Confinement is possible from the age of 14 to perform light labor with the consent of parents (guardians), given in writing. The work that a teenager is involved in should not harm his health. If a child continues to study, work should not interfere with learning curriculum and also be harmful to his health.
Conclusion is possible until the employee reaches the age of 14 years in institutions of the arts with the consent of at least one parent and with permission from the guardianship authorities. A child can participate in the creation of works that are not harmful to his health. This type of document is signed by the parent (guardian).
Employment contract form
The agreement is concluded in writing. The document must be drawn up in two copies, which are signed by the parties. One copy remains with the employee, the second - with the employer. The fact that a copy of the document was handed over to the employee must be confirmed by his signature on the copy that belongs to the employer. The article contains a form of an employment contract with an employee in 2019, which can be downloaded for free at the end of the article.
If the document was not executed in writing, but the employee is allowed to work, and the employer knows about this, the latter is obliged to prepare the document in writing within three working days from the moment the person is allowed to work. A sample employment contract with an employee (2019) can be downloaded for free below.
By individual categories employees in the manner prescribed by current legislation, the conclusion of a working agreement takes place if there is agreement on the possibility of its conclusion with persons (bodies) who are not the employer. In addition, there may be a need to prepare a document in more than two copies.
Sample employment contract 2019
What must be in the contract
The document includes the following information:
- FULL NAME. employee;
- employer details;
- employee passport details;
- TIN of the employer (except for an individual employer who does not have individual entrepreneur status);
- information about the representative of the employer who signed the document and the basis on which he is entitled to sign it;
- place, date of conclusion.
The agreement contains both mandatory and additional conditions.
Conditions required for inclusion include:
- place of work (if admitted to a branch of an organization in another area - indicating the location);
- work function, i.e. the type of activity that will need to be carried out, the name of the position (if the employee is entitled to benefits or compensation, the information is provided strictly in accordance with qualification reference books positions);
- if unlimited - the date of commencement of activity, if fixed-term - the validity period and reasons for concluding this type of agreement;
- information on remuneration (rate, salary, additional payments, bonuses);
- work and rest schedule;
- when working in harmful or dangerous conditions - information on guarantees and compensation;
- conditions that determine the nature of the work (business trips, relocations, etc.);
- working conditions that characterize the workplace;
- compulsory social insurance of the employee.
Other mandatory conditions, if they are provided for by regulations that include labor law norms, may also be included in the 2019 employment contract (a sample can be downloaded in the article).
Model employment contract for micro-enterprises
By Decree of the Government of the Russian Federation No. 858 of 08/27/2016, from 01/01/2017, a standard form was put into effect for micro-enterprises in which an employment contract (a sample filled out in accordance with the requirements can be found at the end of the article) allows the employer to reduce the amount of paperwork.
The standard form gives various options completing the terms and conditions. This allows flexible regulation of working relationships, taking into account the specifics of the employer’s activities. The employment contract (sample 2019 form can be downloaded above) includes conditions that apply to remote and home-based employees.
The employment contract (form) consists of the following sections:
- General provisions. Includes information about the title of the position, place of work, responsibilities, validity period, start date of work, working conditions and results, availability of a probationary period applied to work on equipment.
- Rights and obligations. Includes information about what actions the employee is required to perform in connection with the performance of work, as well as what he is entitled to.
- Rights and obligations of the employer. Includes information about the employer’s actions related to ensuring that the employee fulfills the assigned tasks.
- Salary. Includes a description of the amounts and types of payments that the employee is entitled to.
- Working time and rest time. Describes the mode of work and rest, their features.
- Occupational Safety and Health. Includes information about working conditions in the workplace.
- Social insurance and other guarantees - information about pension insurance.
- Change of conditions. This section describes ways to change a document.
- Responsibility of the parties. Contains information about measures taken in case of failure to comply with the terms of the agreement.
- Final provisions.
Thus, the standard form of agreement in micro-enterprises allows the employer to conclude it in accordance with the requirements of labor legislation, taking into account the specifics of the activity related to the specifics of the enterprise. Availability standard form makes it possible to reduce the volume of documents in a small enterprise and increase the level of protection of the labor rights of employees.
When an employee is hired, an employment contract must be concluded with him on the very first day of his work. In order to correctly draw up this document, it is necessary to specify a minimum list of rights and obligations of the parties that are provided for by labor legislation. A sample document, as well as the current drafting rules for 2019, are discussed in detail below.
Expert opinion
Chadova Svetlana
An employment contract must be drawn up only in writing. It is signed between 2 parties:
- An employer on whose behalf a director or other authorized person acts. It could be a company, individual entrepreneur, or even individual.
- An employee (employee) who is obliged to act only personally. This can only be an individual – either an adult or a minor citizen or a foreign resident.
The essence of this agreement is that:
- the company must provide the citizen with work, create acceptable working conditions, and pay wages on time and in full;
- the employee must perform the work conscientiously, as well as comply with established labor discipline and other standards adopted by the company.
The law determines the general nature of this agreement, as well as the information that must be contained there. It is mandatory to indicate the details of the parties, as well as the nature, conditions, place of work and other information. As additional information, which is optionally indicated, you can include sections on the test, types of additional insurance for the employee, non-disclosure of certain information, etc.
The agreement must be drawn up in 2 identical copies: one is kept in the company, the other is given to the employee. It must be drawn up and signed on the first day of work, before performing professional duties. In this case, it is allowed to “conclude” an agreement in words, i.e. orally, but in any case, a written text must be drawn up and signed within 3 working days after the actual start of performance of duties.
If for some time the parties collaborated without this document, but subsequently, when going to court, their relationship was recognized as labor, they will be required to draw up and sign an agreement also within 3 working days from the date of entry into force of the relevant court decision.
Form and rules for drawing up a contract
Thus, the legislation clearly defines the content of the employment contract, but does not impose strict requirements on the very form of this document. Therefore, the company has the right to develop any sample contract, provided that it reflects all the points described. A typical employment contract, a sample of which is used everywhere with little or no additions, contains such sections.
Preamble and subject
At the beginning of the text, you should indicate the date and place of signing (this date is considered the employee’s first working day), as well as the details of the parties:
- on behalf of legal entity there is a director or other authorized employee who indicates his position and full name, as well as the full (without abbreviations) name of the company;
- in the case of an individual entrepreneur, it is enough to indicate your full name;
- the employee indicates only his full name.
The subject of the agreement is that the company provides the job for which the employee applies. It is enough to indicate the name of the organization, its location, the position of the employee, as well as general information About work:
- main or part-time;
- urgent or unlimited;
- with or without testing (if available, the test period is indicated).
Rights and responsibilities of an employee
The next rather large and important point describes the rights of the employee, as well as his work responsibilities. First of all, it is important to indicate the rights that are provided for by the Labor Code:
- right to work;
- provision of a workplace that meets normal working conditions;
- timely and full payment of wages;
- reliable and comprehensive information about working conditions;
- professional training and retraining to the extent provided for by the Labor Code and other laws;
- rest, standard work shift duration;
- the opportunity to protect one’s rights in the manner prescribed by law, etc.
It is important to understand that there is no need to list all labor rights under the law. Even if the text of the document does not mention any guarantees, the employee still has the right to demand their provision, since this is provided for by the Labor Code.
As for responsibilities, the most important are:
- conscientious, professional performance of their duties;
- compliance with all norms and rules adopted by the company (usually they are prescribed in the relevant acts);
- compliance with safety requirements and labor protection rules;
- careful handling of company property;
- non-disclosure of commercial, state secrets, and other classified information;
- immediately informing the employer, represented by the director or other authorized employee, about the occurrence of an emergency.
Rights and obligations of the employer
A similar section is provided for the employer. The rights and obligations provided for by the Labor Code, as well as additional rights and obligations, if any, should be indicated.
Work and rest schedule
This section details information about:
- length of the working week;
- duration of shifts (in shift mode);
- duration of paid leave, the possibility of dividing it into parts;
- the possibility of providing additional (unpaid) leave.
Wage
The amount of salary, as well as other payments, if provided, is indicated in numbers and in words. In the same section, you can specify the dates of payment and the method of transfer (to a bank account, card, cash through a cash register).
Other sections
Next, standard provisions on possible changes to the procedure for terminating the agreement, details and signatures of the parties are prescribed. Separately, it is worth recording the fact of transfer of the document to the employee, who must put an additional signature and date.
Examples of completed employment contract samples
In practice, various companies or individual entrepreneurs use various samples of employment contracts. This important document is developed in advance, after which its form can be approved by a special internal regulation. The agreement can be drawn up either on regular A4 sheets or on letterhead. Often the text contains a fairly large amount of information, which is placed on 10-15 pages.
However, the text of the agreement does not have to be too long. Sometimes all the essential terms can be described on 1-2 pages, and as a result the document will be more concise.
Expert opinion
Chadova Svetlana
Leading HR specialist, lawyer, labor law consultant, website expert
There are several types of employment contracts - fixed-term and indefinite, main and part-time, with and without probation, etc. The forms of these documents are practically no different: you just need to add the appropriate condition, for example: “with a trial for 2 months.”
Differences between employment and civil contracts: comparison table
The parties can sign either an employment contract or a civil one - the so-called GPC (civil law nature). The essence of the relationship between the employee and the company may remain exactly the same, but these agreements have a different legal nature. The most significant differences between the documents are described in the table.
| comparison criterion | employment contract | GPC agreement |
| essence | performance of work duties | provision of services on a reimbursable basis |
| labor guarantees | are present in full, additional rights are possible | absent (can only be present in limited quantities) |
| position of the parties | the employee obeys the employer's rules | equal, partnership relationships |
| result | performing a job function, achieving certain results | performance of the service in full, which gives a specific, tangible result |
| validity | often indefinite | always urgent: terminates upon expiration of the deadline or immediately after achieving the result |
Thus, from the employer’s point of view, it is most advantageous to conclude a GPC agreement, since in this case he is relieved of a number of obligations to pay:
- taxes;
- insurance premiums;
- vacation pay;
- other benefits.
On the other hand, the company does not have many measures to influence a partner who cooperates only on GPC. In addition, the organization will have to prove to the inspection authorities that the involvement of an employee in the civil process does not occur regularly, i.e. the relationship is not of an employment nature. Otherwise, there is a high probability of imposing a fine and taking other administrative measures.
As for the employee himself, a significant advantage of working under the GPC for him is more decent wages. As a rule, the cost of the service is assessed at the market price, which is often higher than the “price” of the salary. Based on this difference, a citizen can independently plan his contributions for a future pension and payment for medical services.
- place of work;
- working conditions;
- functions performed;
- dates of conclusion of the TD and start of work, validity period and reason for concluding the agreement;
- size, terms of calculation and payment of wages;
- work and rest schedule;
- nature of work.
Amendments made to Art. 294 of the Labor Code of the Russian Federation oblige an urgent TD of the 2019 model, concluded for seasonal work, to indicate the nature of the activity and the procedure for reimbursement of travel costs.
Employment contract form 2019: working conditions
Rostrud made it mandatory to indicate working conditions back in 2014. This rule applies to newly concluded agreements and existing ones. They are prescribed based on assessment cards.
For newly created jobs, working conditions are also indicated. The text notes that this is new, indicates general information about it and prescribes the timing of the special assessment.
Taking into account the requirements of the law in the TD, working conditions must be formulated:
- For existing jobs.
Example. At the Employee’s workplace, based on the results of a special assessment of working conditions based on the special assessment card dated March 01, 2018 No. 01/03, working conditions at the workplace were established: harmful - class 3, subclass 3.1 (harmful working conditions of the 1st degree).
For work in harmful conditions Labor The Employee is provided with the guarantees and compensation listed in Section 4 of this Agreement. - For the newly created.
Example. The employer created the workplace on 02/01/2018. It is located by the window in office No. 108 of the administrative building. Air conditioners and air heaters are installed in the office. The employee is provided with: a desk, an ergonomic office chair, and a computer. Before 03/01/2018, the Employer will conduct a special assessment of working conditions and supplement this Agreement with working conditions in the workplace based on the special assessment card.
How to correctly enter information about your place of work into a TD
All changes and additions to the Section on Working Conditions are made by drawing up an Additional Agreement to the TD.
According to the Labor Code, a place of work usually means an enterprise, a separate division or a branch. Based on this, the TD writes:
- to the organization - “Employee accepted to Romashka LLC”;
- to a separate division - “... admitted to the branch of Romashka LLC in Kursk”;
- indicating the structural unit - “The employee has been hired into the accounting department of Romashka LLC as an accountant”;
- remote employee - “... performs work remotely - outside the location of the Employer, his separate division, outside a stationary workplace."
Conclusion
The conditions of the TD are a good reason for an unscheduled visit by the State Tax Inspectorate. Carefully study the requirements of Rostrud, and make changes in 2018. The rules apply to all contracts, regardless of the date of conclusion. For existing ones, draw up Additional Agreements that will correct errors made when drawing up the TD. Avoid ambiguous phrases, take into account not only the norms of the law, but also the practice of GIT inspections.
After signing the agreement, the parties have mutual rights and obligations, which they must strictly observe. According to it, the citizen undertakes to work and obey the work schedule in force in the organization, and the employer undertakes to provide the citizen with the work stipulated by the document and pay wages on time.
Before concluding an employment contract, the employer is obliged to familiarize the future employee with the local regulations of the organization, job description, working hours, payment terms. After this, the completed contract forms are signed, an order is issued to hire the person and a corresponding entry is made in his work book.
Sample employment contract with an employee (2019)
Employment contract, form
The meaning of an employment contract
According to Art. 37 of the Constitution of the Russian Federation, every citizen can independently choose his type of activity and specialty. Work must be carried out under conditions that do not contradict safety and hygiene requirements. And remuneration must be paid by the employer on time and in full twice a month.
The contract, completed and signed by the parties, is a fundamental legal fact that determines the emergence, change and termination of the official relationship between the employer and employee. It establishes the legal connection between the worker and the employer and is a set of legal norms that regulate the official relations between the parties who signed the document. A sample employment contract with an employee in 2019 can be downloaded in our article.
It is necessary to distinguish an employment contract from contracts of a civil law nature (contract, copyright, performance of a certain type of work). Despite their similarities, they differ in the following parameters:
- the subject of the employment contract is the employee’s work. The subject of civil contracts is the final result (book, painting, project);
- An employment contract presupposes personal performance of work; it cannot be redirected to another contractor. In civil law, this obligation must be enshrined in the text of the document itself;
- under an employment contract, the employee must obey the internal rules of the organization. In civil law there is no such obligation;
- Under an employment contract, the employer must create normal and safe working conditions. Under civil law, the employee independently organizes his workplace.
Types of employment contracts
Most often, an employment contract with employees (a completed sample can be viewed in our material) is concluded for an indefinite period of time, that is, it does not specify the validity period of the document. But in some cases, it may set a time frame depending on the nature of the work or the conditions under which it will be performed. Such cases are considered in Part 1 of Article 59 of the Labor Code of the Russian Federation.
By validity period:
- prisoners for an indefinite period;
- prisoners for a specified period (not more than 5 years).
It should be noted that a fixed-term employment contract can become indefinite. If, after the expiration of the time specified in it, the employee continues to work, the document loses its urgency and is considered concluded for an indefinite period. In this case, a new, open-ended contract does not need to be drawn up.
At the same time, an open-ended contract can become a fixed-term one, but this must be justified by the clauses Art. 59 Labor Code of the Russian Federation. To transfer, you need to terminate the previous one and enter into a new contract for a certain period.
By the nature of the working relationship:
- by main place of employment;
- at a part-time job (part-time work is impossible without concluding an employment contract, this is the main condition for this type of employment);
- temporary work (if the nature of the work requires it to be completed in less than 2 months. It can also be when replacing an employee who is on sick leave);
- short-term contract;
- with seasonal workers;
- with employees working from home;
- on state (municipal) service.
It must be borne in mind that labor legislation and other legal acts, related to labor relations, do not apply to certain categories of citizens, provided that they are not employers or their representatives:
- military personnel in the performance of military duties;
- persons working on the basis of civil contracts;
- other persons established by Federal Law ( Art. 11 Labor Code of the Russian Federation).
By type of employer:
- agreements concluded with organizations - legal entities and individual entrepreneurs;
- contract with an individual. In this case, the employer is an individual without registration as an individual entrepreneur. Most often, such employers enter into a contract with service personnel.
Sample employment contract (2019)
Depending on the legal status of the employee:
- signed with minor citizens;
- prisoners with persons who have family responsibilities;
- registered with foreigners;
- signed with stateless persons.
By the nature of working conditions, the division is as follows:
- V normal conditions labor;
- taking into account occupancy at night;
- concluded with citizens working in the regions of the Far North and in territories equivalent to them;
- in working conditions in hazardous production.
Types of employment contracts depending on the volume of work performed:
- about the main job;
- about part-time work.
In the first case, the employee works full-time for the employer throughout the working day. This is where he keeps his work book.
In the second, a person works in his free time from his main job. Such work cannot last more than four hours a day. The document signed with the employee indicates that the work performed is part-time work. Such a document can be concluded either at the main place of employment or with another employer. At the same time, it is possible to conclude contracts for part-time work with an unlimited number of employers, except for exceptions established by the legislation of the Russian Federation.
It is not allowed to enter into part-time contracts with persons under 18 years of age, as well as with those whose main work is classified as difficult or performed in hazardous working conditions, if the part-time job implies the same characteristics.
Particular attention can be paid to contracts concluded with management employees. When compiling them, there are some features, compared to other categories of workers, that need to be paid special attention to.
Employment contract form
Let us answer the question: in what form is the contract concluded? For this purpose, it is used, approved by Decree of the Government of the Russian Federation No. 858 of August 27, 2016.
The 2019 employment contract (a sample can be downloaded in our article) is drawn up in writing in two copies. Each copy is signed by the director and employee. One is given to the employee, the second is kept by the employer. To indicate receipt of a copy, the employee must personally sign the document kept by the employer.
If the employee began work with the knowledge of the employer, the contract is considered concluded, even if it was not drawn up in writing. Despite this, the document must be drawn up and signed within three days. You can download the form of an employment contract with an employee (2019) for free in our material.
Also, for some professions, an employment contract form can be downloaded at the end of the article.
Parties to the employment contract
The parties are the employee and the employer.
An employee is an individual who is 16 years of age or older. The law does not prohibit signing contracts with 14-year-olds. But some conditions must be met:
- work should be easy;
- do not violate educational process;
- the presence of the consent of an official representative, most often they are the teenager’s parents.
If a child is needed younger age, for example, for a role in a movie or theater, then in addition to the previous conditions, there must be the consent of the guardianship authorities. And also proof that the work will not cause physical or psychological or moral harm to the child.
An employer is a legal or natural person who is not prohibited from concluding employment contracts.
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Express your opinion about the article or ask the experts a question to get an answer
A fixed-term employment contract is a special type of cooperation agreement. Its main difference from an indefinite one is that it clearly indicates the validity period, after which the production relationship between the parties ends. However, the law prohibits concluding such agreements at any time and with anyone: they can only be drawn up in special cases. We will tell you which ones in the article. We will also provide a universal sample of a fixed-term contract with an employee (2019), which can be downloaded for free.
How long is a fixed-term employment contract valid?
Before providing a sample - a short-term employment contract with an employee, we will tell you about its differences from an agreement without the prefix “fixed-term” or “temporary”. Essentially, it is a traditional work contract between an employer and a person hired to perform certain functions. It must describe the place of work and its conditions, wage and the procedure for its payment, rights and obligations of the parties.
The fundamental difference is that in an agreement on short-term cooperation, a specific period is written about how long the industrial relationship will last. According to Art. 58 Labor Code of the Russian Federation, the employer has the right to enter into a fixed-term cooperation agreement for a period of up to 5 years. The minimum period is not specified, which means it can be 1 month, or 3, or 17.
It is important to understand that a fixed-term work contract can unexpectedly become open-ended. This will happen in two cases:
- The employer forgot that the agreement was expiring and actually missed the deadline for dismissing the temporary employee.
- The dismissal procedure was violated, including failure to provide notice of the upcoming termination of the contract. Read more about dismissing temporary subordinates below.
When is it permissible to enter into a fixed-term contract?
Logically, any agreement can become urgent if its parties agree on this in advance. Suppose we want to work together for 4 months, look at the result and then decide whether to cooperate further or not. It would seem that everything is simple: we conclude a contract for 4 months - and it’s done! However, labor legislation does not allow following such simple logic. Based on the norms of the Labor Code of the Russian Federation, there are special conditions that allow an agreement to be concluded for a short period. These are the reasons:
- They employ a person during the absence of another employee. The most common situations of this kind are a woman on maternity leave or a subordinate undergoing long-term treatment.
- The work is initially temporary and lasts no more than 2 months. For example, when people are needed for a specific short-term project.
- It is necessary to perform seasonal work due to climate or natural conditions region. Example: catching spawning fish, collecting forest mushrooms, berries, harvesting, etc.
- The agreement is concluded to perform work in an elective position, to which a person is elected for a known specific term.
- A contract is required to perform work during the internship.
- The cooperation agreement is concluded with certain categories of persons:
- pensioners;
- students;
- persons who will work outside the Russian Federation;
- citizens who will help prevent disasters and accidents, as well as their consequences;
- creative workers;
- top managers;
- chief accountants; some other specialists.
- Employees are hired by individual entrepreneurs, as well as by a legal entity that has the status of a small business entity. The main rule in this case is that the employer has no more than 35 people on staff.
- The hired employee will work part-time.
Please note: if the employer does not have a legitimate one listed in Labor Code of the Russian Federation and others regulations, the grounds for concluding a fixed-term contract must be drawn up permanent relationship with an employee. Of course, you can download a sample of a fixed-term employment contract (2019) for free, but you will not be able to use it. Because during inspections by the Labor Inspectorate or if an employee goes to court, the employer faces a fine for violating a citizen’s labor rights.
Fixed-term contract form
As mentioned above, a temporary work document is not fundamentally different from the one used in ordinary cases: it only has a specific validity period. However, it is much easier to download a free form for a fixed-term employment contract with an employee than to modify an existing standard template.
We invite you to familiarize yourself with a universal template that can be used in any situation, regardless of whether you are hiring a part-time employee or a top manager. Only the first 2 pages are shown here, but you can download the form for free. A sample fixed-term employment contract (2019) is available in full for download at the end of the article.
Keep in mind: it is not enough to download a free (fixed-term) employment contract with an employee (sample 2019), you also need to fill it out correctly. When checking out, check:
- all dates and numbers must be correct and true;
- a second copy must be prepared for the employee;
- the document specifies the duties and job function of the new employee;
- a specific duration of the agreement or an event after which the contract can be terminated is indicated;
- the procedure for paying wages, making mandatory payments (especially if work is expected in dangerous or harmful conditions), the rules for granting leave or compensation for it, and other important nuances are clearly stated.
Probationary period for temporary workers
Suppose you took the opportunity to download a free sample of a fixed-term employment contract with an employee (2019) and even looked at the document to assess how suitable it is. But questions still remain. One of them is whether it is possible to establish a probationary period for temporary employees. The answer is Art. 70 Labor Code of the Russian Federation:
- if the cooperation lasts less than 2 months, then testing the employee is prohibited;
- if the agreement is valid for from 2 months to six months, then the employer is allowed to introduce a probationary period of no longer than 2 weeks;
- if the industrial relationship is planned for a longer period (6 months or more), the probationary period can last no more than 3 months (for managers - no more than 6 months).
Vacation for seasonal employees and part-time employees
A person with a short-term work contract has the same rights and social guarantees as other workers. Therefore, he is also entitled to regular paid leave, and also retains the rights to additional holidays and extended vacations at your own expense (if provided by law).
According to current rules, the duration of basic paid leave varies depending on how much the person worked. That's why:
- if the contract is concluded for a period of up to 2 months or involves the performance of seasonal work, then the employer must provide the employee with 2 days for each month worked;
- if a person works under a short-term contract for more than 2 months and the work is not related to the season, then the duration of paid leave is calculated for him based on 2.33 days of rest for each month worked;
- if the industrial relationship lasts more than a year, then the minimum paid leave for an employee is 28 calendar days for 11 months of work, excluding non-working holidays established at the federal and regional levels.
However, sometimes, due to the short duration of industrial relations, it is not possible to provide an employee with time to rest. In this case, the parties agree on compensation for the required days of rest, based on the amount of wages received on the day.
Features of dismissal
At the end of the article you can download a free sample temporary employment contract with an employee 2019. But it does not describe the procedure for dismissing such an employee, and this important point, which every personnel officer should know.
In this case, we will analyze the algorithm for employers’ actions step by step.
Step 1
In no less than 3 calendar days Before terminating the contract, notify the employee in writing of the termination of the employment relationship. The relevant notification form is provided below and can be downloaded free of charge.
Please note that a warning does not have to be prepared for an employee who was hired to replace the main employee (Part 1 Art. 79 Labor Code of the Russian Federation).
Step 2
The document, prepared in duplicate, should be signed by the manager and the employee. The employee’s signature is required, otherwise in court he will be able to prove that he was not notified of the upcoming termination of the work contract.
Step 3
The HR officer only has to prepare a dismissal order, make appropriate entries in the work book, and prepare documents related to the employee’s activities for issuance. On the last working day, the employee takes all the papers, receives the final payment and leaves.
Special case: pregnancy
The algorithm described above will not be suitable if it turns out that the employee, or rather the female employee, refuses to sign the notice of dismissal because she is pregnant and is ready to provide the employer with a medical certificate confirming her interesting situation. Several situations need to be considered here.
Situation 1. An employee hired to replace the main employee became pregnant. During this period, the main employee returned and began his immediate duties.
In this case, you can fire her if the employer does not find another suitable job or it didn’t suit the woman.
Situation 2 (does not apply to cases where the functions of an absent employee are performed). During the term of the fixed-term employment contract, the woman became pregnant. The period expires before she gives birth.
The employer is obliged to extend the woman's employment contract by allowing her to go on maternity leave (BIR). In addition, he will have to provide the expectant mother with paid leave on the eve of the BIR leave. It will be possible to dismiss an employee only after the end of sick leave according to the BIR.
Situation 3. During the term of a fixed-term employment contract, a woman became pregnant. The period expires after she gives birth.
If the agreement expires after the BIR leave ends, the employer will have to issue the employee maternity leave under general rules until the expiration date of the fixed-term employment contract, after which the young mother is fired. And this will not constitute dismissal at the initiative of the employer, and will not violate the rights of a woman with a child under 3 years of age.