Concept of an employment contract
The concept of an employment contract is fixed in the Labor Code of the Russian Federation.In essence, it is an agreement, the conclusion of which is carried out by the employee, as well as by the employer. At the same time, both sides have mutual duties and rights. The employee declares about assuming certain functions. They relate to the performance of various activities according to the specialty available to him and corresponding to his qualification level. In turn, the second party - the employer undertakes to pay material remuneration for labor and create conditions that comply with the legal and regulatory acts of the Russian Federation.
The concept of an employment contract includes the provision of employee social benefits. In this regard, it is more acceptable for an employee than an agreement of a civil-law nature.
The main points, entering of which in the agreement document is considered a necessary condition for its legal legality:
- FULL NAME. employee and employer;
- data of documents that certify the identity of both parties;
- TIN (for employers);
- the date, as well as the place where the contract was concluded.
The concept of an employment contract implies the assignment of a number of duties to the employer. They include:
- provision of work in accordance with conditional labor functions;
- provision of labor with the conditions provided for in the Labor Code of the Russian Federation, as well as in other legal and regulatory acts;
- compliance with the terms and amounts of remuneration for the work.
The concept of an employment contract imposes a certain range of duties on the employee. They are:
- personal participation in the performance of their professional activities;
- Compliance with the internal regulations that apply to the enterprise.
All these norms are set forth in article fifty-six of the LC RF.
The conclusion of a work agreement is made ina written format, in the number of two copies - one for each of the signatories. There is an employment contract about the advantage that he has in comparison with other acts. All the necessary rights and obligations of the employer and the employee are approved and described in one document, which is the main one for the two parties. In this connection, the task of comparing the terms of the agreement with the normative legal provisions in case of labor disputes is much easier.
The concept and meaning of the employment contract becomesmore important, when all its essential conditions are taken into account. At the same time, their composition, approved by the current legislation, must necessarily be included in the agreement.
Essential terms of the agreement, without which its conclusion is impossible, are the following:
- FULL NAME. employee and employer (or its name for legal entities);
- indication of the structural unit and place of work;
- the date from which the employee must begin to perform his or her job duties;
- the name of the profession, specialty and position with specification of the qualification characteristic, which is assigned in accordance with the staffing table;
- duties, as well as the rights of the employee and employer;
- characteristics of the conditions existing in the workplace, as well as compensation payments and benefits paid in the event of harmful and dangerous factors in the production process;
- a mode of working hours and intervals intended for rest;
- conditions that are applied to the calculation of remuneration based on the results of professional activity;
- conditions and types of social benefits, the guarantee of which is the labor contract.
Terms of the act between the employee and the employermust be changed only with mutual consent, which is fixed in writing. The period during which labor contracts are in force may be limited to a period equal to five years. It is allowed to sign unlimited agreements.
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