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Parties to the employment contract. Rights and obligations

Russian legislation is aimed at protecting the rights and freedoms of citizens. The right to work is guaranteed by the Constitution of the country. The main document in this area is the Labor Code, which determines the relationship between the employer on the one hand and employees on the other. The registration of relations between them occurs through the conclusion of a special agreement, called an employment contract.

The Code establishes the basic concepts that must necessarily be in this document. So, the parties of the employment contract are, first of all, the employer and the employee. In the text of the contract for a reduction, they are named in this way. Accordingly, the first party is the employer. It takes upon itself, with the signing of the document, a number of duties in relation to the second participant, and also receives a number of powers.

Content of the labor agreement: main sections

The employer can be both a legal entity represented by the head of the enterprise, and an individual, for example, an individual entrepreneur, to whom the law grants such a right.

As an employing party to an employment contract, a private person may take the job, for example, to perform the duties of a personal driver, cook, gardener and the like.

Admission to work is carried out when the applicant reaches the age of sixteen. His state of health should allow him to fulfill his contractual obligations. As an exception, as a second party to the employment contract, a fourteen-year-old may also act, with the written permission of one of the parents or persons who take care of him.

The sections of the contract are strictly defined by law. Their full list is given below. On a mandatory basis, both parties to the contract indicate in the text full details about themselves, in particular, the name, address and other data. They can be the following:

  • The location of the workplace;
  • Specialization of the employee;
  • Specified rights and obligations of the parties in relation to each other;
  • The exact date of the termination of the contract, in case of temporary employment;
  • A financial section in which the size, form and procedure of payment for the work performed is determined, as well as other payments.

In addition, such agreements may contain provisions on liability for non-fulfillment of voluntarily assumed obligations.

Liabilities of the parties

General rights and obligations, both of the employer and the employee, are stipulated in the legislation, and the concretization of these provisions is made within the framework of a certain contract. It is recommended to draft an employment contract with the direct participation of a lawyer, as often a typical contract is used when applying for a job without taking into account the specifics of the organization. This can ultimately lead to impunity for breach of obligations.

When hiring a party to an employment contract, they are interested in a strict and precise execution of it, because this will depend on the fruitful technological process at the enterprise, and the amount of income of each employee. The importance of this document for a hired person, in general, is difficult to overestimate, because legal protection in court without him is practically impossible. Own copy of the contract must be retained until the end of its validity period.

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