A rare person, when completing documents and signing contracts, carefully checks the text for possible errors and pitfalls.
As a rule, we check the “papers” on the run, glancing briefly at the beginning and ending, and hoping for the decency of the second side. For that, we then pay our nerves and the “ruble”.
Content of the article:
- Types of employment contract with the employee
- How to prevent mistakes and cheating of the employer?
- Terms of the employment contract
Types of employment contract with the employee – how do they differ?
According to the law, the “employee-employer” relationship must necessarily be fixed by certain documents. Namely – an employment contract, according to which (Article 56 TC) an employee must perform his labor functions and observe the rules of the organization, and the employer – pay him a salary without delay and in full.
That is, labor contract is an important document clearly defining the rights and obligations of both parties.
Compensation for unused leave in 2016 – with dismissal and without
What can an employment contract be in practice and according to the law:
- Civil law. This variant of the contract takes place under the “insurance” of the head. He is contracted to provide specific services to easily dismiss an employee in the situation “you do not fit us”. In the event that an employee has time to prove himself, they are already moving to an employment contract.
- Urgent. In this case, the contract fixes the work of the employee for a certain, quite specific period, and not indefinitely. And after his graduation, the authorities can legally dismiss the employee. Or, again, take him to work, issuing an order for dismissal and again signing a contract. However, for the conclusion of such an agreement the employer must have good reasons. Otherwise, these actions will be considered illegal.
- Labor. The most common type of contract, involving unlimited work on certain conditions prescribed in the document. This contract, executed in writing, is a guarantee of observance of the rights of the employee.
Labor or civil law – differences in contracts:
- TD – is work in a specific position according to the available qualifications. GPA is the fulfillment of certain tasks with the end result.
- According to the TD – the salary in the amount stipulated by the document, according to the GPA – compensation.
- In the case of a TD, the work is carried out personally by an employee, with the GPA, only the final result is usually important.
- Failure to perform duties at the TD threatens to be collected, reprimanded or dismissed. Non-implementation of the GPA is already a sphere of civil liability. Important points in concluding an employment contract – how to prevent errors and deceit of the employer?
Found a new job? Is the signing of an employment contract?
We study the pitfalls to protect ourselves from mistakes and unscrupulous employers!
So, the employment contract with you must sign maximum within 3 days from the moment you started to work. Moreover, in 3 copies and in hand-written form.
And – independently , whether you are invited by transfer from another place of work, whether you have young children, and whether there is registration at the place of residence.
If the contract is not concluded with you, consider whether it is worth continuing work. After all, TD is a guarantee of your rights.
But to sign the contract without looking, do not hurry!
First, carefully read it and pay attention to the most important points:
- Compliance with the order and the contract. When important items are entered by the employer into the contract, they are also prescribed in the order for admission to work. And the primary contract (note – in controversial situations) will always be the labor contract.Therefore, make sure that the two documents correspond to each other. Let the information in the order in the abridged version, but it should fully reflect the conditions prescribed in the contract. Any inconsistencies (note – provisions in the order, not stipulated in the contract) have no legal force.
- Trial period. He must necessarily be registered in the contract. The maximum period is 3 months. In the absence of this item, the employee is considered to be employed without a probationary period and, accordingly, to dismiss him afterwards, as having not passed this period, are not entitled.
- Specific place of work. If it is clearly an employer not specified in the contract, then dismissing the employee for “absenteeism” will be extremely difficult – after all, the workplace is not stipulated. That is, upon dismissal for absenteeism in the absence of this clause in the employer’s contract through the court, they will oblige you to reinstate you at work.
- Responsibilities. They too should be spelled out clearly and concretely. Otherwise, the employer simply has no right to demand that the employee perform certain tasks “according to the contract”. The employee can safely say that the work, the fulfillment of which is required of him, is not included in the terms of reference. And to dismiss an employee for non-fulfillment of tasks that are absent from the contract, it is also impossible.
- Wage limit. It must also be fixed in the contract. And in case of understating of this maximum limit, an employee can safely apply to the court. It is worth noting that the bosses should notify you of all changes in the payment of your work only in writing and a couple of months before the very fact of the change. It is impossible not to say about payment in kind. It happens that the employees are given the products produced in the company instead of the salary. Unfortunately, this “method” has not yet outlived itself. It is considered legal if the “nature” does not exceed 20% of the salary, and is also suitable for consumption (use) of the employee and his family.
- Rules. Before the conclusion of the contract, your management should familiarize you (exclusively with the signature) with the rules of the internal labor regulations of the company and other acts / regulations that are directly relevant to you.
- The contents of the contract. Read the document carefully! It should include not only your place of work and position, but also a list of duties, terms of payment (including all bonuses with premiums) and the question of social insurance, the date of commencement of work. Also, additional conditions can be prescribed: the rest / work regime (if it does not coincide with the regime of other employees), the issue of compensation for “harmful work”, special conditions (business trips, etc.).
- Responsibilities. Demand that they are spelled out clearly and in as much detail as possible. That is, the post itself, the specific type of work and the department in which the work is supposed to be done. If the contract specifies that you will perform your duties, “according to the job description,” then require the instruction – it must necessarily be attached to the contract with your signature (note – a copy is kept in your hands).
- Social insurance. The important point of the contract! And the information from this paragraph should be entered in accordance with federal laws. This item is a guarantee of compensation for harm in case of force majeure, as well as temporary incapacity for work, maternity, etc.
- Recycling. The contract must specify the exact number of working hours. And when processing – pay you extra hours worked in 1.5 or double size. What should I do if my boss forces me to work overtime and on weekends?
Well, in the end, it is worth recalling that the contract is signed only by the director and only in your presence, and the name of the company appearing in the papers should be the same everywhere.Terms of the employment contract – what should I pay attention to?
When working, the contract is concluded for a specific or indefinite period, depending on the work.
- Classic contract (for an indefinite period). In this case, the term for which you are hired is not specified and is not indicated at all. That is, you are recruited on a permanent basis, and the termination of the employment relationship is possible only in the manner prescribed by law.
- Fixed-term contract. Option when you are recruited for a period of time specified by the two parties to perform a particular job. The maximum period is 5 years. In addition to the validity period in this contract, the reasons for the non-inclusion of a conventional contract are indicated (they are approved by law, and the employer has no right to expand the list of reasons). Terminate this contract at the conclusion of its period of validity by a written warning to the employee for a minimum of 3 days. In the case when the term of the contract is over, and the employee is still working, the contract automatically turns into a “perpetual” category.
It is worth noting that urgent contracts are divided, in turn, into …
- A contract with an absolutely definite validity. This type of contract is applicable when electing a person for a certain elected office. In particular, with governors, rectors, etc.
- A contract with a relatively definite period of validity. The case for persons admitted to a temporary organization created for a particular job and for a specific period. Termination of the contract occurs after the end of the existence of the organization.
- Conditionally fixed-term contract. Option in case the employee is needed only for a while – as a replacement for an employee who is absent temporarily for specific reasons (business trip, maternity leave, etc.).
What if I do not get a vacation at work?