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Content of the employment contract

The relationship between a future employee and his employer is regulated through labor legislation.

The concept and content of the employment contract is defined in Article 57 of the TC. Already the very fact of concluding such an agreement means that for employees and for the employer it is necessary to observe the guarantees and rights prescribed by the legislation. Terms that stipulate the parties, and the content of the employment contract are divided into mandatory and additional.

It is clear that the first are listed in any agreement. But additional conditions may not be in the contract. But if they are, then they must also be strictly observed. Parties that make up the content of the employment contract may be free to choose the requirements. There is only one restriction: the stated conditions should not be lower than those rights that are guaranteed by labor legislation.

Article 57 of the TC lists the following mandatory requirements that make up the content of the employment contract:

- indication of the name of the organization where the future employee is to be taken, - indication of the exact date of the first day of work. In the case of an urgent employment contract , it is also necessary to mention the term of the termination of cooperation and the circumstance that caused the conclusion of this type of agreement;

- indication of the functions that are entrusted to the employee (position, profession by education, specialty, skill level);

- indication of the type of compensation and benefits that are due to the employee for special working conditions (harmful, severe or dangerous);

- clarification of the conditions for the issuance of salaries and payments of additional (bonuses or bonuses, rewards). The size of them depends on the position occupied by the new employee, his profession, specialty, indicators of the completed task - quality and quantity;

- specification of the time allocated for work and rest, if they do not coincide with the schedule, common for the whole team. This means that the content of the employment contract should include such nuances as the length of the working day, its rationing, the flexibility of the schedule, the shift, the existence of an additional leave, other than the basic and compulsory leave;

- clarification of the nature of the work, if necessary (for example, work on the road) - inclusion of the condition of compulsory social security. Employee insurance.

As already mentioned, the content of the employment contract, in addition to the mandatory conditions, may include the following additional:

- about the probation period before the final employment. This condition occurs more often. Thus, the head seeks to insure himself against accepting personnel who do not meet the requirements put forward;

- if an official, commercial or state secret, which is protected by law, is known to the employee in connection with the performance of the post, he undertakes not to disclose it. The employer must, before entering into an agreement with this condition, take a receipt from the future employee that he is notified that he will deal with classified information and is responsible for disclosing it to outsiders;

- the employee is required to work in the organization for a certain period, if he was sent to study by this organization at her expense;

- Improvement of living conditions for the employee and members of his family, additional, voluntary, except mandatory, insurance (pension or medical), issuance of permits, etc.).

The conditions that are included in the employment contract can be changed, but only with the mutual decision of both the employer and his employee. They are recorded in writing, attached to the main contract and have the same legal force.

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