There should not be two employment contracts with one employee

Two Employment Contracts Which is Valid

An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.

It is in the second case that it is provided that, by agreement of the parties, a fixed-term employment contract can be concluded with age pensioners entering work.

Is the employment contract valid (read more...)

Let's sum it up

An employment contract is concluded with an employee upon his/her employment. It stipulates the specific conditions associated with the performance of the job function at the time of admission. These conditions may change in the future. The fact of the change reflects the additional agreement to the employment contract. Within the meaning of the wording used in the Labor Code of the Russian Federation, there can be only one employment contract concluded upon hiring.
We are talking about several employment contracts only with a part-time job, since each of the employers (including the main one) will have to draw up its own contract with the part-time worker. Part-time work for the main employer requires the performance of a job function that is different from the main one. Therefore, the main employer will have to conclude two contracts with such an employee.
If it is necessary to change the terms of the contract (both main and part-time), it will be adjusted through an additional agreement, but not by drawing up another employment contract.

Contract for informal employment

Concluding an employment contract - common mistakes Thus, it is allowed to conclude an employment contract with persons who have reached the age of 15 if they receive basic education, or if, in accordance with federal law, they left a general education institution.

When drawing up an employment contract, it is necessary to take into account the fact that part-time work should not harm your main job. This will not only interfere with the performance of your duties, but will also undermine your relationship with your employer. For this reason, it is necessary to take an extremely thoughtful approach to drawing up an employment contract.

How to correctly state an employment contract in the new edition

How to correctly draw up an agreement to amend an employment contract?

Balashikha, Moscow region.

in the magazine Personnel of the Enterprise No. 1 2005

The approach to drawing up an additional agreement to an employment contract is determined by the culture of contractual work and the traditions of drawing up legal documents that have developed in the organization.

Before we begin to consider the rules and techniques for drawing up agreements that make changes to an employment contract, we need to define what is meant by the term change.

From the point of view of legal technology, the concept of change means not only the replacement of provisions, words, numbers, but also the addition of the text with corresponding structural units (articles, paragraphs, subparagraphs) or words, figures, as well as the exclusion of certain provisions, words, figures.

Contracts are drawn up between all employees of the company and the administration of the enterprise in order to approve uniform conditions for the performance of work, as well as a fair procedure for payment. These agreements are binding on all participants and cannot be changed unilaterally.

But a new version of the employment contract can be prepared if the following conditions are met:

mutual consent of the parties;
the need to make a large number of changes;
absence of conditions that limit the rights of the employee;
the presence of sufficient legal grounds allowing different types of amendments.

A contract is a document of legal force on which the labor relations of the parties are based and which is the main lever in resolving labor disputes. Therefore, compliance with the agreement registration procedure is a prerequisite. Especially when it comes to completely replacing a document.

The new contract sets out all the conditions that are displayed in the original document, but with the desired amendments, and the first copy will be taken as a sample. Also, in addition to the main questions, it is necessary to show that the current document was formulated on the basis of the old form (number and date of preparation), and is also a contract in the new edition.

In addition to the amendments made, as well as the remaining old clauses, other, additional aspects can be set out in the new agreement. The main thing is that they do not limit the rights of workers.

According to the general rules, it is necessary to conclude an employment contract indicating the time period of its validity. There are two types of agreements, differing in terms of duration.

The first is a perpetual agreement, that is, a document whose validity is not limited by a time frame. This condition must be specified in the text. Termination of working interaction in this case can occur due to the personal intention of the parties, or due to circumstances that were beyond their control.

The second is an urgent agreement. In this situation, professional interaction will be limited in time. The text of the document must indicate a specific completion date for the work. It should be noted that agreements of this nature are not always limited to a specific date.

For an employee:

Upon expiration of the agreement or completion of work , the scope of which was agreed upon in advance, the employer may terminate the contract ahead of schedule and dismiss the employee .

A short specified period during which the employer is obliged to give notice of the end of the agreement and dismissal.

The employee's departure at his own request must occur by mutual agreement of the parties .

Two Employment Contracts Which is Valid

Usually, when an employer makes such demands, many create a second document. The current legislation does not specifically state that a person can have only one work book. That is, in theory, a citizen of the Russian Federation can have two documents. However, it is impossible to work on each of the labor accounts at the same time, because this will be classified as fraud. In itself, having two work books rarely threatens a fine, but it can cause problems in the future.

You must have a main source of income (main job);
New part-time work should not be carried out while performing your main job. That is, work shifts or duties must be performed during non-core hours;
an employment contract with you which will spell out the rights and responsibilities of part-time work.

Who is prohibited from working part-time (read more...)

Two employment contracts with one employee for the same position

Dear professionals, I encountered the following problem. At an interview at the end of January 2012, an employment contract was concluded between the employer and the future employee (the employment contract did not contain the date of its preparation, the date of signing, the TD number, as well as the date of hiring). But on 02/10/2012, when the employee came to apply for a job, he was asked to sign employment contract No. 111 dated 02/10/2012, which would contain other payment terms (amount), instead of the expected 75 tr. only 35 thousand rubles were set, since the employee did not complete the tasks set at the interview. The employee agreed to the conditions, signed the contract, signed the order, which indicated the duty. salary in the amount of 35, reference to TD No. 111 dated 02/10/2012. Also in the employee’s personal card, he got acquainted with his salary in the amount of 35 tr. 02/10/2012 During the year, the employee received a salary in the amount of 35 tr. and didn't complain about anything. At the same time, in May 2012, a draft order was issued (I’ll say right away that the word draft is not in this document, there is simply no order number, a link to the TD, and also this order was not entered into the appropriate register) which stated: B due to the failure to fulfill the sales plan, set the Employee’s salary in the amount of 70 tr (the personnel made a typo, they wanted to write up to 30, but no one noticed and everyone signed this order), in fact, of course, no one reduced his salary and as they paid 35, they continued. In November 2012, personnel learned that there was a second TD, which the employee signed at the end of January with the head of the Employer. This TD was developed by the employee independently. Accordingly, the personnel persuaded the manager to sign an order to terminate the first TD (in which the salary = 75 tr), but I’m not afraid to write the word “crookedly”. Instead of simply writing that the TD is considered invalid, they wrote that the contract dated 02/10/2012 is considered invalid from 11/30/2012, further labor relations will be conducted in accordance with TD No. 111 dated 02/10/2012. And of course, 11/30/2012 g. the employee writes a letter of resignation on his own, upon dismissal, an order was issued with reference to TD No. 111 dated February 10, 2012. And that’s where it began!!! In January, the employee submits an application to the prosecutor's office, allegedly he was callously deceived, they slipped him TD No. 111 dated February 10, 2012, and this TD is necessary for the employer to pay personal income tax. On February 20, 2013, he also filed a lawsuit. The court granted the claim partially, but the question is the following: Can an enterprise simultaneously have 2 TDs per employee for the same position, with one of them signed at the end of January 2012 and the second TD No. 111 dated 02/10/2012 In this case, the fact of payment throughout the year is confirmed by documents and the monthly salary was 35 tr.

Preamble to the treaty (in 2021) – what is it in simple words?

Not long ago I again came across a topic that once attracted my attention: how to correctly formalize a provision in a contract regarding its potential extension. “It just doesn’t fall into the same funnel twice,” I thought and decided that the question was worth mentioning on the Regforum: in case it might be useful to someone else. It is no secret that provisions on deadlines are among the important conditions of civil law.

the difference between the contract execution period and the contract validity period;
deadline for fulfilling the obligations of the supplier and customer;
validity;
expiration of the contract.
responsibilities of the supplier and customer;

As per Law No. 44-FZ. and according to Law No. 223-FZ, we can talk about the validity periods (of contracts).

Art. 425 of the Civil Code of the Russian Federation provides that it comes into force and becomes binding on the parties from the moment of its conclusion (that is, signing by both parties), but the parties have the right to establish that the terms of the agreement they concluded apply to their relations that arose before its conclusion, unless otherwise established by law or does not follow from the essence of the relevant relations.

That is, we conclude an agreement today, but it stipulates that everything that happened (figuratively speaking) yesterday and the day before yesterday is regulated by the same.

As a general rule, an agreement is considered concluded at the moment when the party that sent the offer, that is, made an offer to conclude it, receives acceptance - acceptance of this offer (clause 1 of Article 433 of the Civil Code of the Russian Federation). For example, if an agreement is simultaneously signed by authorized parties during a personal meeting, then it is considered concluded at that moment. But if, for example, you sent the other party a draft agreement by mail, it will be concluded on the day you receive the signed agreement from the other party.

In some cases, the moment of concluding a contract is determined differently.

The retroactive force of a contract is the application of its terms to relations that arose before its conclusion. That is, if there is an actual relationship between you and the counterparty (for example, you rent out the premises, and he regularly pays) and then you enter into an agreement in which you stipulate that it applies to the rental relationship that existed between you previously.

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Travel work is considered to be work activity in which the employee performs his job duties outside the employing organization, but at the same time he has a specific workplace, is given a task and is obliged to report on the completion of work, and returns daily to his place of residence.

At the same time, the required functions are performed in the aisles of the nearby territory.

Such work is not considered a business trip.

A remote employee is a person who enters into an employment contract to perform work duties remotely. This document, like others of a similar type, must be drawn up in accordance with the norms of the Labor Code, however, it has some features. Thus, in accordance with Part 4 of Article 312.1 of the Labor Code, the use of electronic document management can be provided between an employee and the management of an organization, but in this case, the contract should provide for the possibility of using a qualifying electronic signature, which will be used for all documents.

Also, Part 6 of Article 312.2 of the Labor Code provides that, by agreement between the employee and the management of the organization, information about remote work may not be included in the work book, but this point must be directly indicated in the concluded contract. If this is not provided, then the work book must be provided in person or sent by registered mail with notification.

There should not be two employment contracts with one employee

In the Appeal ruling dated 10.10.2019 in case No. 2-7/2019, 33-17750/2019, the Supreme Court of the Republic of Tatarstan came to the conclusion that it is impossible to conclude more than one employment contract with an employee for the main job.

The citizen got a permanent job as a part-time legal adviser at the company. In addition, an employment contract on remote work was concluded between the same company and the employee. It provided for the payment of additional remuneration based on the results of consideration of specific cases in the courts, taking into account the complexity of the case, the time spent on conducting cases, and the average prices for the provision of legal services in the region.

As a result of one trial, documents for which were prepared by a legal consultant, the organization did not pay him the remuneration due under a remote employment contract. The employee made a claim to the employer, which was rejected by the latter. This was the reason for filing a lawsuit to collect wage arrears from the organization.

The organization filed a counterclaim against the employee to recognize the employment contract for remote work as not concluded, since an employment contract had already been concluded between the parties, according to which the citizen was hired by the company as a lawyer. In addition, the company indicated that the seal with which this agreement was certified does not belong to the organization. And in the employee’s personal file there is no record of remote work.

The court satisfied the organization’s claim to recognize the distance contract as not concluded and refused the employee’s request to pay him back wages. Let us provide the rationale for this decision.

Labor relations between an employee and an employer arise on the basis of an employment contract concluded by them (Part 1 of Article 16 of the Labor Code of the Russian Federation). The concept of “employment contract” is given in Art. 56 Labor Code of the Russian Federation. This is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to ensure working conditions provided for by labor legislation, to pay the employee wages on time and in full, and the employee undertakes to personally perform the labor function in the interests, under management and control of the employer, comply with the internal labor regulations in force for this employer. In turn, remote work is the performance of a labor function specified in an employment contract outside the employer’s location by using the Internet (Article 312.1 of the Labor Code of the Russian Federation).

Both employment contracts presented in the case have the same validity period and were concluded between the same persons. Thus, these employment contracts had to be valid simultaneously, and this is impossible. After all, carrying out work on-site or remotely is only a way for an employee to perform a labor function, and the conclusion of another employment contract contradicts the above-mentioned norms of labor legislation.

The fact that concluding two employment contracts with an employee at the same time contradicts the provisions of the Labor Code is also stated in the Appeal ruling of the Novosibirsk Regional Court dated October 12, 2017 in case No. 33-9840/2017.