BusinessHuman Resource Management

A well-written labor contract is a guarantee of observance of employee's rights

In modern conditions, a significant part of the citizens of our country work without formal registration, where the labor contract is not drawn up, and working conditions are far from the safest. In many respects this is due to the peculiarities of the legislative and tax system, because of the imperfection of which many entrepreneurs prefer not to show the tax working employee, but give him a salary in an envelope. To say once again about all the shortcomings of this approach to the work process is not worth it, since it is known for a long time already (there is no work experience, no medical insurance, in the event of an accident, a person remains without assistance from the enterprise and the state). That is why today we will talk about what the labor contract is and how it is properly formulated.

Any agreement is a definite written agreement between the participants of business relations, in which the employee undertakes to perform all the work assigned to him rigorously and qualitatively, and the employer undertakes to pay wages in a timely and due manner. The peculiarity of the employment contract is the regulation of the relationship between the owner and the employee, which are stipulated and fixed in the contract specifically with each of them. If we are talking about the whole collective of the enterprise, then in this case a collective agreement is being created .

The terms of the employment contract include both generally binding points, and additional ones, which can be fixed by agreement of the parties. As the mandatory items of any employment contract can be named the following:

  1. Indicate the rights and obligations of the employer and employee.
  2. Fixation in the contract duration of the working day, weekends and holidays.
  3. Indication of force majeure circumstances.
  4. Guarantees of observance of rights and duties, both employee and employer.

It should be remembered that a person has the right to work in several enterprises and conclude an employment contract with each of them . In addition, one of the varieties of the employment contract is a contract, where the term of its operation, responsibility, rights and obligations of the parties, conditions for its dissolution, as well as material support and the general organization of labor are also negotiated.

Incidentally, we note that modern norms of labor law regulate far from all types of labor activity of workers. Many of them have a special legal status, where the labor contract can not be changed, as it is regulated by certain norms of civil and administrative law, as well as the relevant charters (for military personnel, Ministry of Internal Affairs employees, FSB, prosecutor's office, etc.).

If we talk about various commercial structures, then the design of the employment contract is beneficial, above all, to the employee, because thereby he reliably defends against the risk of failure to fulfill his obligations by the employer. That's why every person should know that when applying for a job such a contract must be concluded within 3 days (Article 67, Labor Code of the Russian Federation). If this does not happen, the employee has the right not to fulfill the duties assigned to him before signing the documents.

Incidentally, in the West, the conclusion of an employment contract is very serious, moreover, there are fully respected the conditions for labor protection of workers, as well as full social security. In addition to economic development, the attitude of people to this process plays an important role here. In our country, many are still negligent enough not only to write down certain services, but also to their own security. That is why the labor contract should now be concluded, since it forms a completely different approach to work, forcing the employer to pay attention to the working conditions of the employee and to adequately assess his work.

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