Employment contract: terms of the contract, mandatory conditions and grounds for making changes

Terms of the labor contract

An employment contract is an agreement whereby the employer is obligated to give the employee work and normal working conditions, timely and fully pay for his labor, and the employee must perform the work specified in the agreement, execute the labor regulations. The employment contract is bilateral, drawn up in writing, signed by the employer and the employee. The document should contain the following information:

- full name of the employee, name or full name of the employer (if he is an individual);

- passport data of the employee (or other document confirming his identity) and the employer (if he is an individual);

- Employer's TIN (if it is a legal entity);

- information about the employer's representative who signs the employment contract and an indication on the basis of which he acts (for example, on the basis of a power of attorney, charter or order);

-Data and place of detention.

Essential conditions of the agreement are such conditions, without which the document has no legal force. According to the Civil Code of the Russian Federation, these conditions include: the object (object) of the contract, as well as the conditions that are legally named essential for a particular type of contract and the terms by which an agreement is to be reached. The document is considered valid only if there is agreement on all significant points.

Obligatory conditions of the employment contract:

- Work duties of the employee (a certain type of entrusted work by profession, staff schedule, specialization with qualification clarification);

- place of work; If an employee is admitted to a branch or representative office of an employer, the contract shall indicate the name of the structural unit and its address;

- date of commencement of work;

- if the contract is urgent - the time of its validity is specified;

- The system of payment (tariff rate, salary, conditions of additional payments, bonuses, bonuses and bonuses);

- indication of working hours and breaks for rest;

- Compensation for hard and harmful work;

- other legally stipulated conditions.

If, at the time of signing the document, the obligatory terms of the contract or information were not included in it, an additional agreement to this contract with clarification should be drawn up. In addition, the employment agreement may contain other conditions that do not impair the position of the employee and do not contradict the law provisions of the contract: the probation period, the non-disclosure of commercial, state, official secrets, additional employee insurance, social improvements for the employee and his family members , On the rights, duties of the employee and employer, based on labor and general legislation.

When does the employer have the right to change the employment contract?

According to the Labor Code of the Russian Federation, it is possible to change the terms of the employment contract at the employer's suggestion, if technological or organizational conditions change in the organization. At the same time, the employee's work function is preserved. About future changes, he must be notified in writing in sixty days. If the employee does not want to work in the new conditions, the employer must offer other vacant positions or work that a person can do with his health. The employer is also required to offer all available vacancies that are suitable for the employee. If there are none, or the employee refuses the proposed options, the employment contract terminates.