Obligatory and additional conditions of the employment contract

The employment contract contains a number of specific conditions. About what these conditions are and how they differ, will be told in this article.

Employment contract: general description

The employment contract fixes the main duties, rights and responsibilities of the two parties: the employer and the employee. Due to the employment contract, the functions of both parties are strictly regulated, as a result of which no violations from anybody's side should arise.

The presented document contains two groups of conditions: these are mandatory and additional conditions of the employment contract. Obligatory conditions must be prescribed in accordance with all regulatory legal acts. Simply put, they must comply with the norms. As it is already clear from the name of these conditions, they are inalienable and must be strictly observed by both parties. Additional conditions of the employment contract can be fixed in a relatively free order. The employer can either accept or cut them. The situation with the employee is somewhat different: thus, imposing additional conditions on it is not allowed. The thing is that they can significantly worsen his professional position.

About the employer

The employer is one of the parties to the employment contract. It is a legal or natural person obliged to enter into regulated professional relations with employees. The subject has a number of responsibilities, among which the most basic ones can be called:

• The ability to provide a workplace;
• The need to pay the worker's labor in a high-quality and timely manner;
• Responsibility to be responsible for acts or deeds, which are discussed in the Labor Code;
• The ability to enforce and regulate the mandatory and additional terms of the employment contract.

Employers - legal entities - are, as a rule, officially registered organizations. Individual employers (or persons who are not them), lawyers, notaries, and some other categories of citizens are recognized as individual employers.

About the employee

Article 20 of the Labor Code defines the employee as a person who has entered into certain legal relationships with the employer (in this case, labor). If we talk a little easier, the worker is absolutely any person capable and ready to work.

Only persons who have reached the age of sixteen (with some exceptions, also specified in the Labor Code of the Russian Federation) can be involved in labor relations. If a citizen who has reached the age of fifteen gets a basic general education, then he can work only in light occupations that do not cause severe damage to his health. The same applies to persons who have reached the age of fourteen. In his free time and with the consent of legal guardians or parents, this person can work on easy labor specialties. In all these cases, the mandatory and additional terms of the employment contract must be specified.

Content of the contract

It is worth mentioning the contents of the employment contract in more detail. What elements and items should be listed there? How should the conditions be distributed? All these questions are answered by special norms, in accordance with which the documents are drawn up in different professional fields.

The content of the employment contract, in essence, contains the entire range of conditions and requirements that are imposed on the employee and on which the employer relies. In the beginning, of course, the general information is indicated. This can include the surname, name and patronymic of the working person, TIN, basic information about the documents confirming the identity of the employee, as well as the place and time of the contract. In addition, the document must contain information about the organization that enters into a contract with the employee. The following are all necessary mandatory and additional terms of the employment contract.

Distinctive features of the employment contract

When drafting an employment contract, many problems can often arise. So, because of insufficiently detailed disclosure of the basic conditions or functions, or because of non-compliance with the norms, the contract may not be labor, but civil-law. How to be in this situation? It is necessary to proceed, first of all, from the specifics of the duties of the working person. The specialty, position, qualification and other key points should be clearly defined.

The employee must have a specific labor function, corresponding to the specialty and inextricably linked with the work schedule. It is also worth noting that, unlike civil-law documents, the employment contract has its object not the result of work, but the specific performance of a specific task. Here, among other things, are the mandatory and additional terms of the employment contract.

The concept of labor function

The concept of labor function is worth exploring in some detail. How does this concept define the law? The Labor Code reveals it as a job in a certain specialty in full accordance with the working schedule, the qualification level or grade, the type of work received, and so on.

The labor function is easily determined by special job descriptions, if any. It is also worth noting that the concept presented refers to the mandatory condition of the employment contract.

What other elements are included in the content of the employment contract? Additional conditions and mandatory, their specificity and characteristics will be transcribed further.

The first group of mandatory conditions

All sorts of conditions that must be given in the employment contract, in fact a lot. Despite the fact that only the most basic of them will be discussed, the total number of all elements should be divided into several sub-chapters.

So, what conditions are considered obligatory in the employment contract? Firstly, this is the place of work. Indicate where the working person works: in the main organization, in the branch, in any representation, at the individual entrepreneur, etc. The employment contract must contain a clear definition of the location of the workplace. Secondly, it is a labor function. This is the most important element of the employment contract, which has already been discussed above. It should be noted, however, that the labor function must correspond to very many parameters and norms. There is a whole classification, according to which the duties of the employee are determined, as well as his specific labor function.

Second group of mandatory conditions

In addition to the location of the workplace and the specific labor function of the citizen, the terms of the employment relationship also enter into the mandatory terms of the employment agreement. This is really an important detail, which is associated with many equally important elements. This is the beginning of the calculation of wages, and the beginning of deductions to the Pension Fund, and the moment from which the accumulation of seniority begins or continues. All information about the date of conclusion of the employment contract must be clearly stated in the documentation.

The next important condition is pay. Salary includes a lot of very different criteria. This includes the basic salary (or the size of the tariff rate), all sorts of surcharges, allowances, bonuses, vacation or leave. All these conditions must be fixed in the employment contract.

The third group of mandatory conditions

Before moving on to the question of what relates to the additional terms of the employment contract, it is necessary to complete the topic of mandatory conditions. What else is needed in this case? The elements that must be mandatory in the document are also the mode of rest and working time. This is the schedule of holidays and weekends, lunch breaks, information about working hours and days.

The size of compensation for hard work or hard work should also be spelled out in the document. Do not forget about the characteristics of individual working conditions. Hence, by the way, another obligatory condition also follows: a description of the nature of the work. It is a question of special classification and the correlation of certain working moments with it (mobile type of work or not, with emphasis on physical abilities or intellectual, etc.).

The last moments, which also belong to the group of mandatory conditions - this is an indication of the social insurance of the employee, as well as certain norms provided for by law.

Additional conditions

First of all, it is necessary to understand what additional working conditions are in general. First, the right to introduce or in any way regulate them belongs only to the employer. Secondly, the additional conditions should in no way impede the effective performance of labor functions by the employee.

In themselves, the additional conditions are certain elements that allow to "patch up" the employment contract in the event of its incorrect registration or inconsistency with the norms. So, if due to a defect in form the document can be recognized as invalid, all the missing moments are entered into it. These are additional conditions. What additional conditions can be taken into account by the employer when concluding an employment contract? There are a lot of such conditions, however, it is worth highlighting the most basic and most frequently used ones.

The first group of additional conditions

As already mentioned, the labor contract may lack certain legal and regulatory elements.

We will consider later what additional conditions of the employment contract may be . A sample sample is presented below.

That the contract and at all was not terminated, it is necessary to pay attention to presence of following elements:

• Clarification from the workplace (availability of all necessary information and characteristics from the workplace);
• Clarification of the test (it is a question of contests or interviews);
• Data on non-disclosure of commercial, organizational, political or any other secrets, as well as clarification of possible sanctions for its violation;
• Data on excavations.

The last point is a separate topic, which deserves more detailed consideration. However, we can give one simple example. So, the employer is able to pay for the training of the working person. In this case, the employee is obliged to work after completion of training all those working hours that would cover the costs of the employer to pay for training.

What other additional conditions provided for in the employment contract should be worthwhile? This will be discussed later.

The second group of additional conditions

The employer is able, if necessary, to enter into the contract the following additional conditions:

• Information on the types, conditions and principles of supplementary worker insurance;
• Additional conditions of the employment contract are also data on improving the social and social conditions of the worker, as well as members of his family;
• Various kinds of clarification about rights, duties, as well as elements of employee responsibility;
• Data on the additional pension security of the worker (from non-state resources).

Change of additional conditions of the employment contract is possible, if the employer wants it. Unlike mandatory standards, additional conditions can be deleted, saved or otherwise modified.

What else is included in the employment contract?

Under the agreement of both parties that have concluded an employment contract, its conditions can be varied or supplemented in every possible way. So, the new employer can get used to new duties as well. It is worth remembering that any change in the employment contract must be carefully agreed upon by all parties.

If the document did not include any important elements (for example, the same mandatory conditions), then the contract is not terminated, but sent for revision. The failure to include any elements in the agreement will never be the reason for refusing to implement the main documented responsibilities. An additional agreement will be drawn up for the employment contract. The working conditions will be supplemented or modified, as a result of which the contract will once again become effective.