Each of us is constantly faced with an agreement or contractual relations. Man is a social being, so the ability to negotiate can be called decisive for a prosperous life. To agree means to come to an agreement on some issue, and contractual terms will not always be fair and equal for both (or more) parties. In private life, each of us is free to act as we see fit or possible for ourselves under the existing conditions, but if we talk about contracts in business, their conclusion and execution are strictly determined by law.
The Civil Code of the Russian Federation defines a contract as an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations . The provisions on transactions provided for in Chapter 9 of the Civil Code of the Russian Federation apply to contracts.
The preparation of contracts should be entrusted to specialists, but every businessman should also have a general idea of what kind of document it is and how it should be drawn up.
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Designer of contracts and forms
Treaties
Type
Name
Agency agreements |
Lease agreements |
Contracts for paid services |
Loan agreements |
Sales and purchase agreements |
Residential rental agreements |
Agreements on full liability |
Establishment agreements |
Contracts of carriage |
Contracts |
Supply contracts |
Financial lease (leasing) agreements |
Insurance contracts |
Storage agreements |
Employment contracts |
Example of numbering of employment contracts
The employment contract concluded under No. 27 on 02/20/2018 will be assigned the number 27-20022018 or 27/20-02-2018. If the concluded agreement under number 27-20022018 has undergone changes expressed in addition No. 1 dated March 15, 2018. The new number assigned to the addition may look like this - 1-16032018/27-20022018. Urgent work arrangements are numbered separately, for example No. 2 dated 03/03/2018 will look like 02-03032018 or from 02-03032018.
When registering a new employee at an enterprise, formalizing a professional relationship with him is of great importance. For greater convenience, a method has been developed to assign a separate serial number to each document. However, it should be borne in mind that each company chooses for itself an individual option for conducting office work.
General requirements for the execution of contracts
1. The first and main requirement for drawing up an agreement is the very existence of the agreement as a written document . Sounds quite strange. Can there be a contract without a contract? Yes, maybe, it’s just called the presence of contractual relations within the framework of non-contractual transactions. Let's explain with an example.
The entry of the parties into a contractual relationship without concluding an agreement is called acceptance of the offer. An offer is an offer from your counterparty. In fact, such an offer can be any advertisement for goods or services addressed to an indefinite number of people. If you agreed with the offer, then the counterparty’s next step will be to issue you an invoice and offer to pay it. Most often, at this stage the seller will not offer you to conclude an agreement. After paying for the goods, he will simply issue a delivery note and an invoice.
The fact that you pay the invoice constitutes agreement with the offer and is called acceptance. At the same time, you cannot independently change the terms of the offer - for example, pay a different amount than indicated in the invoice. The execution of offer and acceptance is regulated by Articles 435 - 443 of the Civil Code of the Russian Federation.
Of course, the issued invoice does not contain such contractual terms as the responsibility of the parties, deadlines for fulfilling obligations, penalties, etc., however, in such non-contractual transactions, the relations of the parties are regulated by the Civil Code in the same way as when concluding an agreement in writing. It would seem that contractual relations in the form of acceptance of an offer are quite convenient; there is no need to fuss with the conclusion of an agreement, but this is not so.
Article 161 of the Civil Code of the Russian Federation specifies that transactions of legal entities among themselves and with citizens, as well as transactions of citizens among themselves in the amount of more than 10 thousand rubles must be made in writing.
Another warning can be found in Article 162 of the Civil Code: some types of transactions, for example, foreign economic ones, without compliance with a written form, will be declared invalid. Here is an incomplete list of transactions that must be concluded in writing. These are transactions of pledge, guarantee, sale of real estate, lease of buildings and structures, insurance, trust management, commercial concession, loan agreement, bank deposit agreement, etc.
But there are also tax consequences of the fact that there is no contract as a written document. This makes it possible for the tax authorities to show their initiative in the form of imposing obligations on the parties or depriving them of any rights. A holy place is never empty, and since you yourself have not bothered to detail the rights and obligations of the parties, the tax authorities will do this for both you and the counterparty.
For example, the tax authorities tried to tax all property stored in a custodian's warehouse because no written agreements were concluded with the depositors. There are also problems with the deduction of input VAT, attempts to reclassify a gift agreement into a purchase and sale agreement, and vice versa, recognition of a paid transaction as gratuitous, etc.
In this case, all that remains is to sue (by the way, with a high probability of winning), but this is a significant investment of both time and money. Having an agreement in writing with clearly defined terms will largely protect you from disputes, both with counterparties and with supervisory authorities.
2. the name of the agreement in the header, and not just be limited to “Agreement No.__”, although even without this the agreement will still have legal force. In civil law, the economic content of a document has priority over its legal form.
For example, if the agreement is called a gift agreement, and from its text it follows that it is a lease agreement, then the rights and obligations of the parties will correspond to the lease agreement. An agreement without a name will also be executed based on its content. And yet, it is worth giving a name to the agreement so as not to provoke the tax authorities to re-qualify its legal essence, and you yourself do not get confused in your documents.
3. The date of signing is an important detail of the contract. If the terms of the agreement do not specify the moment at which it comes into force, then the rights and obligations of the parties arise from the date of signing. An agreement signed by counterparties at different times is considered concluded from the moment it is signed by the last party.
Partners do not always begin their relationship by concluding an agreement. Sometimes settlements are made between the parties, invoices and acts of acceptance of goods, works, and services are signed without drawing up a written contract. Tax authorities often pay attention to this and challenge the legality of confirming expenses for such transactions. There is a simple way out of this situation, provided for in paragraph 2 of Art. 425 of the Civil Code of the Russian Federation: when signing an agreement, make a reservation in its text: “The terms of this agreement also apply to the relations of the parties that arose before its conclusion.”
It is undesirable to sign an agreement on a date that falls on a non-working day, or on a day when the person who signed the agreement was, according to documents, on vacation, a business trip, on sick leave, etc. This may give rise to tax disputes regarding the fact that the agreement was signed by an unidentified person.
4. If the contract does not indicate its place of conclusion, then it will be considered the location of the legal entity (place of residence of the individual) that sent the offer, that is, proposed to conclude the contract. This detail can be especially important for foreign economic transactions, when the text does not contain a clause indicating under the laws of which country the contract will be executed. In this case, the law of the country (region) where the contract was concluded will be chosen.
5. The agreement number is required only for transactions that are subject to state registration, but if there is no number, then this is inconvenient for the parties themselves, especially if there are several agreements with one counterparty. Usually the contract number is assigned to the partner who initiated its conclusion and proposed his own version of the text. If disputes arise regarding the numbering of the contract, the number can be double, separated by a “/” sign. The first part indicates the internal registration number of one party, and the second part - the other.
6. The name of the party to the contract is a mandatory detail, an error in which may cast doubt on the legal significance of the document. The name must be indicated in full form, as it is entered in state registers.
If an error in the name of the party is discovered at the time of signing the contract, it can be easily corrected by simply replacing the incorrect text with a new copy. But if, under an agreement with an incorrect name, a payment order was issued, an invoice was issued, reports were submitted, then an additional agreement must be drawn up indicating the text of the correction. Sometimes the matter may come to court proceedings, in which one can refer to pre-contractual correspondence or to documents where the name of the party is written correctly.
7. Essential terms of the contract are those conditions on which the parties must agree, otherwise the contract will be considered not concluded. According to Article 432 of the Civil Code of the Russian Federation, the following conditions are essential:
- about the subject of the agreement;
- conditions that are named in the law or other legal acts as essential or necessary for contracts of this type;
- conditions that must be agreed upon at the request of one of the parties.
Essential conditions may be specified in the provisions of the Civil Code, in laws and other regulations, or in pre-contractual correspondence. If a party insists on including certain conditions in the text, then such controversial provisions must be mutually accepted, modified or abandoned.
8. The best way to sign an agreement is during a personal meeting between representatives of the parties, but in practice, counterparties often simply exchange scanned copies of signed documents over the Internet. If these copies are not signed with an electronic signature, then the contract may be considered not concluded.
To avoid this, it is necessary to include a similar condition in the text of the contract: “The contract and the documents attached to it, transmitted via electronic communication, have legal force until the moment their originals are provided. The signed original documents must be transferred by the parties to each other by courier or by post within ___ days from the date of conclusion of the agreement.”
Is numbering of employment contracts required?
No law regulates whether concluded employment contracts in enterprises and firms should be numbered. In this regard, the employer is given freedom of choice: to register contracts and agreements thereto or not to register. However, the answer to this question is given by Rostrud letter No. 3045-6-0 of 2007, establishing recommendations on putting numbering on employment contracts drawn up with employees.
Thus, the law does not oblige employers to number, but only contains advisory provisions in this regard. It is still necessary to register contracts, since during inspections by labor inspectorates such a log is always requested.
You can find out how the journal of registration of employment contracts and additional agreements is drawn up.
Is the numbering of employment contracts new from the new year or not?
Most often, the numbering of employment contracts begins anew every year, as well as orders. It is also not prohibited to continue recording at the beginning of the new year. In organizations where employees are hired in large numbers, several people a day, it is more convenient to start registration anew every year. At enterprises with low staff turnover there is no need to start a new registration every year.
The order of numbering of employment contracts in the organization
Contracts are registered in a special journal. It does not have a unified form; it can be compiled arbitrarily, in a form that is convenient for a personnel specialist. Such magazines can be ordered on the website for the production of ready-made forms; the cost does not exceed 300 rubles. The accounting journal is stitched, its pages are numbered, for reporting purposes it can be registered in the office of the organization, assigning it a number, and then putting a company stamp on it.
The log may contain the following columns:
- number in order starting from the first;
- date of conclusion of the contract;
- FULL NAME. hired employee;
- his position;
- type of work;
- signature of the employee upon receipt of the copy;
- note.
It is important to include a column with employee signatures in the book, since if there are signatures, it will not be possible to refute the fact that a copy of the contract was issued to the worker. As a general rule, the document must be issued no later than three days from the moment the citizen is registered for work. The personnel officer can add or remove any columns at his discretion.
Is the numbering of additional agreements to the employment contract per employee or general?
If working conditions or salary change, an agreement is drawn up with the employee about this. Unified accounting procedure for additional There are no agreements for all organizations. Agreements can be registered in three ways:
- in a separate journal established specifically to record additional agreements;
- in the same journal where contracts are maintained;
- by affixing it to the same journal.
The selection is made by the personnel officer taking into account convenience. It is also necessary to register agreements in order to reproduce information after a certain time.
Numbering of employment contracts - sample
Most often the number is given in order. The classic form is to indicate the month and year of admission, and then, through a fraction or a dash, the numbers in order. If an employee, for example, is hired first on February 20, 2021, then the contract registration will look like this: “02/2018-1.”
There is no single template for everyone; each organization develops and agrees on its own form of assigning a number.
Contract structure
The contract can be one-page or long, with more or fewer sections, but its simplest structure usually looks like this:
Chapter | Description |
Preamble | This section is also called the header; it indicates such details of the contract as name, number, place and date of conclusion. It should be clear from the preamble who exactly enters into the agreement, and on the basis of what documents the representatives of the parties act. |
Subject of the agreement | Indication of the subject of the contract refers to the essential conditions, therefore in this section it is necessary to clearly state what action or obligation must be performed by the parties. |
Rights and obligations of the parties | Here they indicate in detail how exactly the parties must fulfill their obligations, and what they have the right to within the framework of the concluded agreement. All these conditions must comply with the requirements established by law for a certain type of contract and not contradict mandatory norms. |
Price and payment procedure | It is best to immediately write down the total amount of the contract in the contract, highlighting VAT as a separate figure. If at the time of concluding the contract it is impossible to determine the exact price, then a procedure for calculating the price must be provided. It is also necessary to indicate the type of payment (non-cash or cash), but one must remember that cash payments are limited to 100 thousand rubles within the framework of one agreement. Here you can provide the possibility of partial payment, installments, payment by installments, etc. |
Responsibility of the parties | Measures to protect the interests of a party in case of violation of its rights by the other party include: compensation for losses, penalties, payment of interest for the use of other people’s money, reduction in the price of low-quality goods, replacement of goods, refusal to fulfill the contract, etc. |
Other or final conditions | This section may contain several different provisions: the duration of the contract, the procedure for its amendment and termination; force majeure; pre-trial procedure for disputes and jurisdiction; an indication of the annexes to the agreement, etc. Sometimes, if these provisions are voluminous, they are written in different sections. |
Details and signatures | In addition to the name of the party and its representative, the details must include complete and accurate contact information and bank details. You should not allow a situation where the last page of the agreement contains only details without reference to the text of the agreement. It is better to bind multi-page contracts and endorse each page with your signature. This will not allow an unscrupulous partner to change the terms of the agreement. |
Numbering of employment contracts from the point of view of the Labor Code of the Russian Federation
Article 57 of the Labor Code of the Russian Federation establishes the content of an employment contract. This rule sets out the details of the employee and the employer, which must be reflected in the employment contract. Mandatory and additional terms of the employment contract. An analysis of Article 57 of the Labor Code of the Russian Federation shows that it does not mention the number of the employment contract.
Where then does the question arise about the need to number employment contracts? It's simple. If we turn to the unified forms of primary accounting documentation for recording labor and its payment, approved by Decree of the State Statistics Committee of the Russian Federation of January 5, 2004 No. 1, then it is there that we will be faced with the need to assign a serial number to the employment contract.
As an example, the form of an order to terminate an employment contract
Thus, the current legislation does not regulate the procedure for numbering employment contracts, but at the same time it is necessary, since it allows you to streamline contracts from the point of view of proper paperwork and identification.
For example,
an employment contract concluded in April 2021 may have the following numbering:
10/2018; 10-2018; 10/04.2018
Summarizing
The numbering order has not been established at the federal level. However, it is necessary to number employment contracts. The numbering order can be approved by local regulations so that when a staff member changes, each new employee does not introduce his own numbering rules.
Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”
The numbering of employment contracts is not mandatory from the point of view of law, which means that the employer has the right to decide for himself how to number documents in his own enterprise or organization.
In our article we will talk in detail about existing numbering rules, and also shed light on questions that interest you.
The Labor Code of the Russian Federation does not stipulate any norms or special rules that relate to the numbering of employment contracts. However, in a letter from Rostrud dated August 9, 2007, number 3045-6-0, it is stated that the number is not mandatory information, which would be provided for in the fifty-seventh article of the Labor Code of the Russian Federation.
At the same time, there is a unified form of maintaining accounting documentation for the accounting of labor and its payment, which was approved by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004, number 1, and it also provides for the very fact of numbering such documents.
Nevertheless, this resolution is recommended and not mandatory, which means that the employer himself decides how to number employment contracts.
What is freedom of contract?
Freedom of contract, provided for in Article 421 of the Civil Code of the Russian Federation, means that it is not allowed to force anyone to enter into a contract against his will, unless such an obligation is provided for by law or a voluntarily accepted obligation. As for the contractual terms themselves, the parties are only partially free.
Article 422 of the Civil Code of the Russian Federation indicates that the contract must comply with mandatory norms , that is, those rules obligatory for the parties that are established by law or other legal acts. If any term of the contract contradicts a mandatory norm, then it is illegal and cannot be fulfilled by the parties. But another thing is also true - a mandatory norm not included in the text of the treaty must be fulfilled in any case.
The parties cannot change mandatory norms by agreement among themselves, but in addition to such strict norms, there are also dispositive ones . Such rules describe the terms of the contract in the form of a possible option or do not provide any option at all, but leave it to the discretion of the parties.
Thus, when concluding an agreement, it is necessary to clearly distinguish between imperative and dispositive norms. This is quite easy to do. Consider, for example, Art. 456 of the Civil Code of the Russian Federation. The imperative norm is indicated in paragraph 1 and reads as follows: “The seller is obliged to transfer to the buyer the goods provided for in the sales contract.” We will find the dispositive norm in clause 2 - “ Unless otherwise provided by the purchase and sale agreement, the seller is obliged, simultaneously with the transfer of the thing, to transfer to the buyer its accessories, as well as documents related to it...”.
Recommendations and features of numbering employment contracts
Since the current legislation of the Russian Federation does not provide for any special numbering rules, in practice a variety of methods for recording documents in enterprises and firms are used.
The Resolution of the State Statistics Committee of January 5, 2004, which we mentioned above, contains current recommendations for the numbering of TD and other agreements. It is therefore recommended to compose the numbering from the number of the employment contract and the numbers that indicate the day, month and year of its execution.
For example, if the employment contract was concluded on January 8, 2016 and had personal number 11, then the numbering will look like this: 11-0812016. Where 11 is the TD number, and the remaining numbers are the date the document was issued.
There are many other options for maintaining numbering in an organization: you can indicate only the document number and year of registration, or the document number, as well as the month and year of registration, depending on the scale of the organization and the wishes of the employer.
The same Resolution of the State Statistics Committee states that it is recommended to start numbering employment contracts over again with the onset of the new year
. However, in practice, organizations often continue to number TDs without updating them every year. There are no mandatory provisions in this regard in the legislation.
Is it possible to use standard contracts?
Unlike mandatory tax and accounting forms and forms, there are no contract templates that are required by law. Typically, standard contracts are understood as standard or frequently used terms and conditions that are characteristic of a certain type of contract. The Civil Code calls such conditions exemplary, and makes it possible to apply them “in the form of an exemplary agreement or other document containing these conditions” (Article 427 of the Civil Code of the Russian Federation).
Most often, such ready-made texts contain all the necessary provisions that allow the agreement to be considered legally significant, but it is still better to be on the safe side. You can have a lawyer check the draft agreement, or you can make sure for yourself that the agreement complies with the requirements of the law.
The Civil Code of the Russian Federation, in chapters 30 to 55, spells out the requirements for specific types of contracts (there are 24 in total, and some are also divided into subtypes). It is also possible to conclude mixed contracts that contain elements of different types, but we recommend that only professionals undertake such creativity. By the way, this includes not only lawyers; good accountants are also well versed in contracts, because It is they who then prove to the tax authorities the validity of the contractual expenses.
Numbering of additional agreements to the employment contract
Agreements are registered on the same principle as contracts. Most often, they have a number in order. In order to receive a copy of the agreement in your hands, you will also need to have a signature from the worker.
Thus, in order to organize documents and quickly find the necessary information about the time and conditions for hiring workers, a personnel specialist needs to keep written records of concluded contracts and agreements thereto.
An employment contract is the most important document, both for the employee and for the enterprise as a whole. The organization maintains strict accountability for these documents and ensures their registration and preservation for 75 years. Even for small companies, the annual hiring and dismissal of personnel without assigning numbering to agreements will sooner or later lead to confusion, and for large enterprises, the lack of proper registration can undermine all office work. In this article we will look at various options for assigning numbers to agreements concluded when hiring.
Documents confirming the fulfillment by the parties of the terms of the agreement
It is important to know that until the parties have documented the fulfillment of their obligations towards each other, in the legal sense they remain debtors, even if the terms of the contract have actually already been fulfilled. Such documents may be:
- acts of acceptance and transfer of goods, works, services;
- payment orders for payment for goods, works, services;
- receipts for shipment of goods to the consignee;
- warehouse receipts for delivery and acceptance of goods, etc.;
Reception of goods is accompanied by such accompanying documents as invoices, inventories, invoices, specifications, etc. The quality of products can be confirmed by technical passports, certificates or quality certificates and other documents. If product shortages or quality defects are discovered, then in cases provided for by regulatory rules or agreement, the recipient may call a representative of the counterparty to draw up a report.
Numbering of the employment contract starting from the new year
All issues that relate to the relationship between employee and employer, as well as the work of the personnel service, are regulated by the Labor Code of the Russian Federation. Article 53 describes the procedure for drawing up a working agreement and the points that must be included in it. Assigning a mandatory number to a document is not a point of this article. The onset of a new year marks the beginning of a new countdown for office work. This raises the question: is it necessary to start numbering employment contracts from the new year?
There are no rules on this matter, but there are recommendations that are expressed in This resolution recommends starting a new countdown every year. That is why in many organizations the numbering of employment contracts begins anew every year. However, this fact does not allow us to assert that this method of maintaining documentation is the only correct one.
The procedure and rules for numbering employment contracts in an organization
In 2007, Rostrud explained in its resolution that assigning numbers in agreements when hiring is not a mandatory rule for organizations. This act allowed each company to make its own decision on how to correctly number employment contracts. In its advisory notes, Goskomstat proposes rules for recording documents and the procedure for assigning license plates. Here is how working agreements are numbered according to Goskomstat rules:
- First, the serial number of the agreement is indicated;
- Then the date of his conclusion. For example, 27-20022017 or 27/20-02-2017.
The proposed combinations help solve many problems during the subsequent search for the necessary document, even after ten years.
Changing the numbering in the employment contract
The work of an organization's HR department involves making changes to existing agreements. This may be due to changes in legislation, as well as changes in working conditions or remuneration. Adjustments are made by drawing up a mandatory additional agreement, which is introduced by order of the organization and must be certified by both the employer and the employee. It is recommended that you adhere to the following rules when changing certain aspects of the agreement:
- Sequence of presentation from smallest to largest;
- First, indicate the word or phrase in quotation marks that is to be replaced, and then give the new word to replace;
- New paragraphs are introduced under new designations, with the obligatory indication of paragraph and subparagraph;
- The order of the excluded item is prescribed.
Numbering of additional agreements to the employment contract
Additionally concluded agreements are also subject to numbering, which is the correct method for relating the additional act to the original employment contract. The rules for assigning numbers for additional documents depend on the initially adopted system in the organization. It is usually practiced to put an extension number with the date of conclusion through a fraction with the original document number. Thus, the additional act continues the first document, and this further eliminates the possibility of errors.
Numbering of fixed-term employment contracts
Fixed-term employment contracts are numbered separately from open-ended ones and are also filed in a separate manner. They even have their own logbook. Therefore, according to the proposed rules, the numbering of contracts begins with the number one, but a letter designation is added so that it can be immediately determined that this document is urgent. Fixed-term work arrangements are also kept in the company archives for 75 years. It is this fact that forces us to think through the rules for putting down designation numbers and subsequent identification.
How are additional agreements registered?
Registration of additional agreements - documents that amend the current employment contract or completely terminate it - is carried out similarly to the contracts themselves.
It is also not regulated at the legislative level, however, assigning serial numbers to concluded agreements is an effective way to keep records of documents and organize them.
If an organization often enters into additional employment agreements, it is advisable to keep a separate accounting journal.
The spread of such a magazine traditionally contains the following columns:
- serial number of the document in the journal;
- date of its formation (conclusion of the agreement);
- immediate agreement number;
- Full name of the employee;
- position held;
- division in the organization;
- serial number of the employment contract and the date of its preparation;
- date of signing the rental agreement (entry into force) and its validity period;
- the contents of the additionally formed agreement in brief;
- notes and markings.
It is worth noting that for small companies maintaining such a journal is not at all necessary.
When drawing up periodic additional agreements, their serial numbers can be entered directly into the labor contract registration journal. And although they do not contain a special column for this (there is only one column in the “Agreement number” column), you can enter the agreement number in the 10th column.
To summarize, it should be emphasized once again: although assigning numbers to employment contracts is not mandatory and is not prescribed at the legislative level, without it the document flow of an enterprise, firm, individual entrepreneur and employees becomes noticeably more complicated.
That is why the numbering of employment contracts is recommended by most specialists in the field of personnel accounting.
But at the same time, it is necessary to remember that this kind of organization of documentation significantly simplifies the procedure for conducting desk audits, which is the reason for a more loyal attitude on the part of all kinds of regulatory authorities. This is especially true for tax services, as well as labor inspectorates.
Streamlining employment contracts can significantly simplify the work of an HR employee, thereby significantly reducing the likelihood of him making any mistakes when preparing documentation.
What is especially important is that violation of the rules for maintaining personal affairs, as well as work records, is a serious violation. This can lead to various types of fines.
Procedure for agreeing on a contract
6.1. The following procedure for approving contracts is established for all structural divisions and officials of the Agency:
a) the draft agreement is preliminarily agreed upon by the contractor with structural divisions (officials) regarding the subject of the agreement in accordance with paragraphs. 6.2. this Regulation;
b) the draft agreement is submitted for legal examination in printed form with a memo (indicating the executor) addressed to the legal adviser. Along with the draft agreement, it is necessary to submit all the annexes specified in the text of the agreement, as well as documents to which the corresponding reference is made in the draft;
c) the legal consultant, depending on the volume of draft Agreements submitted for approval, but no later than 3 (three) working days, prepares an opinion on the submitted draft agreement and sends it to the contractor, or, in the absence of comments, approves the draft. If the legal adviser has any comments on the contract, he draws up a conclusion, which is drawn up in the prescribed form, signed by him and contains a reasoned summary and comments on the contract;
d) in case of a negative conclusion from the approving authority, the draft contract is sent to the contractor for revision;
e) after the draft agreement is finalized by the contractor, the document is printed in its final form in the required number of copies and agreed upon in accordance with paragraphs. 6.2. this Regulation;
f) after agreeing on the draft agreement with all the necessary structural units, the contractor submits it for signature by the general director (or other authorized person), the agreement is signed, certified by the seal of the Agency and registered in the prescribed manner.
6.2. To sign the contract, the contractor must obtain visas of all officials, in accordance with their competence, in the following order, while the obligatory departments and persons approving the contract are:
a) executor of the contract;
b) structural divisions and deputy general directors according to their affiliation with the subject of the agreement;
c) head of the financial and economic department;
d) chief accountant;
d) legal adviser.
6.3. When agreeing on an agreement, visas are placed on the back of the last page of the copy of the agreement remaining at the Agency. The visa must include the official’s personal signature, surname, and date. The visa must be stamped legibly. If it is not possible to affix visas on the back of the last sheet of the contract, visas are placed on a separate approval sheet, which is attached to the contract and filed with it for further recording and storage.
6.4. The contract is endorsed on each sheet by a legal adviser. All corrections and additions to the text of the agreement (if any) are signed by the head of the Agency (authorized person) making the corrections and certified with a seal.
6.5. When signing an agreement, you must make sure that the counterparty's representative has the legal right and authority to sign the document. If the representative of the counterparty is the general director, who acts without a power of attorney, it is necessary to familiarize yourself with the order on his appointment, or familiarize yourself with the minutes of the meeting of the founders of the counterparty. With regard to the latter, attention should be paid to the limitation of the powers of the general director, which are granted to him only with the consent of the board, the Board of Directors, the meeting of founders, etc. For example, in the organization’s charter, in the section “Competence of the General Director,” it may be stated that the director has the right to make transactions worth more than 100 thousand rubles. only with the consent of the Board of Directors of the organization of which he is a representative. Therefore, you should familiarize yourself with the relevant section of the charter of the counterparty organization and make sure that the powers of the general director are not limited.
In the event that a representative acts under a power of attorney, you should check whether the power of attorney has the signature of the head of the organization and its seal, what date it was issued (if the date is not indicated, the power of attorney is generally invalid), its validity period, and the scope of powers under the power of attorney.
6.6. Agreements on behalf of the Agency are signed by its General Director and (or) an authorized person.
Disputes between the parties regarding draft agreements
5.1. A draft agreement developed by the relevant structural unit in accordance with paragraphs. 1.4. of these Regulations and returned by the counterparty with a protocol of disagreements, must be reviewed by a legal adviser together with the relevant department within 3 (three) working days.
5.2. If the submitted disagreements are accepted, then the corresponding structural unit in accordance with paragraphs. 1.4. of these Regulations prepares a new draft agreement taking into account proposals (comments), which is endorsed and submitted for signature in the manner established by clause 6 of these Regulations.
5.3. If proposals are rejected, then the corresponding structural unit in accordance with paragraphs. 1.4. of these Regulations transfers to the counterparty an agreement with a protocol of disagreements and a conclusion on the reasons for rejecting its proposals (comments).
5.4. If the contract prepared by the counterparty raises objections from the relevant structural unit in accordance with paragraphs. 1.4. of these Regulations or from a legal adviser, a protocol of disagreements is prepared by the relevant structural unit or legal adviser who has comments (suggestions) on the agreement.
Rules for numbering contracts in an organization
When hired, an employee enters into an employment contract, and if necessary, make changes to it - an additional agreement.
An employment contract is an important form of cooperation between employer and employee.
The journal for registering employment contracts is designed to streamline the maintenance of documentation related to such agreements.
It is useful for personnel officers and entrepreneurs to familiarize themselves with the basic provisions governing the rules for filling out and maintaining this journal.
Let's take a closer look at the purpose of the journal, who fills it out, how to properly maintain it and make changes to this document.
Many managers and personnel officers wonder whether it is worth keeping a logbook, because there is no responsibility for its absence. Such a journal is necessary in order to keep records of data on employment contracts and additional information.
Agreements that are concluded at a given enterprise or organization.
It contains information about the document, the date of creation, the fact of sending or receiving.
Thanks to this journal, the document will not be lost at the enterprise, its copies cannot be destroyed, and therefore the very fact of the existence of the contract.
The journal is very convenient to use because it replaces the huge number of employment contracts that need to be archived and additional agreements that are in different order.
Numbering of employment contracts in the organization rules
On its basis, statistical reports are compiled in large firms and companies.
It is also needed so that a certificate can be issued to the employee upon subsequent employment.
Very often, the employer requires confirmation of his previous place of work with an appropriate certificate.
Another practical point is that if there is no journal when considering a labor dispute, the employer’s position loses its credibility.
Despite the importance and usefulness of the journal in office work, its maintenance is not mandatory.
The legislation does not establish the form of keeping a journal, such as, for example, a journal of work records.
That is, you can keep a journal in any order.
The logbook for registering employment contracts is filled out by a personnel officer - a specialist in the personnel department or a personnel manager.
If an inspection comes, the HR inspector or HR manager will provide this document.
This journal serves as legal confirmation of the existence of the necessary contracts.
The responsible person must be entered in the journal itself.
We will look at where such a recording is made in the next section of the article.
The registration form for the journal can be a notebook in which the necessary columns are lined. They are available in all office supply stores, all the columns are already written in them, you just need to enter the necessary information.
As noted earlier, there is no single form provided for maintaining a journal.
Based on the rules of office work, the requirements for the journal are standard. If you want to make adjustments, feel free to add or remove columns. On the first page they usually do not write anything or indicate the rules for keeping a journal.
The title page indicates the full name of the enterprise, organization, individual entrepreneur, the name of the journal and the date when it began and ended. It is necessary to clarify some points related to numbering.
It is best to divide the third column into two subgraphs - contracts and agreements.
This will eliminate the need to run your eyes along the lines in search of the desired number. agreement, enter only its number and basic information in the tenth column. agreements for a specific contract are entered in the third or eleventh column, the same each time.
This will make it easier to find agreements for the same contract, regardless of their number and date of conclusion.
On the last page of the magazine there is an inscription stating that this magazine is closed, sealed and archived. They also write the number of completed pages and contract numbers (first column).
How to correctly number contracts in an LLC
The responsible person must be entered in the journal itself.
We will look at where such a recording is made in the next section of the article.
The registration form for the journal can be a notebook in which the necessary columns are lined. They are available in all office supply stores, all the columns are already written in them, you just need to enter the necessary information.
As noted earlier, there is no single form provided for maintaining a journal.
Based on the rules of office work, the requirements for the journal are standard. If you want to make adjustments, feel free to add or remove columns. On the first page they usually do not write anything or indicate the rules for keeping a journal.
The title page indicates the full name of the enterprise, organization, individual entrepreneur, the name of the journal and the date when it began and ended. It is necessary to clarify some points related to numbering.
It is best to divide the third column into two subgraphs - contracts and agreements.
This will eliminate the need to run your eyes along the lines in search of the desired number. agreement, enter only its number and basic information in the tenth column. agreements for a specific contract are entered in the third or eleventh column, the same each time.
This will make it easier to find agreements for the same contract, regardless of their number and date of conclusion.
On the last page of the magazine there is an inscription stating that this magazine is closed, sealed and archived. They also write the number of completed pages and contract numbers (first column).
Numbering of employment contracts from the new year - new or not
Then follows the position and surname of the responsible person and the basis - order, decision or order (its date and number).
This magazine must be stitched and sealed when deposited in the archive.
Such a log is stored in accordance with the FAS requirement for 75 years.
This is provided for in the List of Standard Management Documents. If you don’t like the outdated type of paper documentation, then you can keep a journal using an electronic form that can be printed if necessary.
As for the electronic version, it is best to maintain it in MS Excel.
Advantages of this form of journal: If a significant error is discovered in a journal that is already partially filled, then it is necessary to close this journal ahead of schedule.
In this case, an entry is made on the last page that the journal was closed early due to erroneous maintenance. It is imperative to issue an appropriate order or order regarding this.
Changes made to the log can be different: transfer to another job, removal from work, change of employer or working conditions.
Such changes are not made to the initial employment contract; they are contained in an additional agreement to it, and their number is not limited.
Sometimes large enterprises start a separate journal for additional information. The rules for filling it out are identical to those that we have considered.
We hope that our article will help you understand how to properly keep a log of employment contracts and additional information. This form will allow you to avoid troubles and improve document flow.
When preparing orders, use unified documents approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004. It is acceptable to issue orders in any form, since unified forms do not cover the entire range of personnel operations.
Administrative documents without an approved form are drawn up in text form on the official letterhead of the organization. “On amendments to the Federal Law “On Archiving in the Russian Federation”, new shortened storage periods for documents on personnel have been introduced.
In order for orders to have legal force, they must contain the necessary details, signatures of responsible persons and document number. Now they must be kept in the organization for 50 years, with the exception of those created before 2003. The registration number of the order consists of its serial number and index.
The indexation of the order is determined by the individual nomenclature of cases and the rules for registering orders at the enterprise.
Despite the fact that each organization prescribes its own numbering order for administrative documents, there is a certain number of general rules that firms try to adhere to.
Namely: In companies with a small document flow, there is no need to separate orders into numerous types.
But they cannot be combined due to different storage periods for documents.
In this case, a letter index is added to the serial number of the order through a hyphen or slash: It is recommended that the numbering of orders be carried out with an annual update of the calculation order.
From the first working day of the new calendar year, the order will be assigned No. 1.
Numbering of employment contracts from the new year - new or not
With the exception of cultural and educational institutions, where the office year begins on September 1.
Such a system will help not only organize administrative documents, but also prepare them for further filing in the archive.
Since the procedure for assigning numbers to orders is not established at the legislative level, personnel officers keep journals for recording orders.
The registration process involves copying details from a document and entering this data into a special registration form.
Orders for core activities are maintained at the enterprise separately from orders for personnel.
This is due to different areas of activity and shelf life.
The numbering of these administrative documents must be kept separately. Labor legislation does not oblige enterprises to keep order logs.
Log books are developed by each company independently. But they must contain not only the numbering, but also the date of execution of the document, details, summary and signatures of the responsible persons.
Thus, there are no strict guidelines for implementing an order numbering accounting system.
Each company chooses its own scheme based on expediency and convenience.
With the exception of cultural and educational institutions, where the office year begins on September 1.
Such a system will help not only organize administrative documents, but also prepare them for further filing in the archive.
Since the procedure for assigning numbers to orders is not established at the legislative level, personnel officers keep journals for recording orders.
The registration process involves copying details from a document and entering this data into a special registration form.
Orders for core activities are maintained at the enterprise separately from orders for personnel.
This is due to different areas of activity and shelf life.
The numbering of these administrative documents must be kept separately. Labor legislation does not oblige enterprises to keep order logs.
Log books are developed by each company independently. But they must contain not only the numbering, but also the date of execution of the document, details, summary and signatures of the responsible persons.
Thus, there are no strict guidelines for implementing an order numbering accounting system.
Each company chooses its own scheme based on expediency and convenience.
Source: https://oxbridge.spb.ru/acts/pravila-numeracii-dogovorov-v-organizacii
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Please tell me how labor and contract contracts are numbered correctly? Or does everyone develop their own system?
I want to draw the moderator’s attention to this message because: A notification is being sent. There are no instructions on how contracts are numbered. I wrote and thought about the fact that I didn’t read the USORD on this matter, but we have contracts and our other documents, letters, but orders on frames with the letter “k”, customs. Starting this year, we decided in our organization to introduce the following order numbering system: for each type of order topic, in addition to numbering, a letter is assigned, which indicates their involvement in staffing, personnel, finance, etc.
This will streamline the maintenance of documentation and provide some relief in their management.
For example, for a long time there is no clarity on some issue, and when the issue is resolved and the text of the order has already been formed, the time for its registration is lost.
However, the registration system I propose allows you to fill the gap and assign the order the required number with a date that ensures compliance with the legal side of the issue.
Do you have any thoughts on this matter, dear colleagues? Orders have gross numbering. The letters k-storage period 75 years, l-storage period 3 years are added to orders for personnel.
But I wanted to clarify about the contracts. We maintain separate numbering of employment contracts and separate numbering of contracts. At the same time, a book of accounting for both is kept. The books were developed independently. Regarding the assignment of numbers and indexes to contracts and labor. We switched to a contract form of employment, and the labor inspectorate inquired. They answered that contracts are labor. No explanation.
But I think so - because to distinguish this type of document, even if the date coincides, the difference in the name is sufficient.
Numbering of documents starting from the new year
The required Confirm Password field has not been filled in. Consent to the processing of personal data is required. A contract is an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations in accordance with an article of the Civil Code of the Russian Federation.
A properly established system of contractual work at an enterprise can prevent unnecessary errors and misunderstandings that drain human and financial resources. In addition, it will help avoid many legal disputes.
This, in turn, can affect the reputation of the organization, and in the case of tenders, negatively affect their results.
Rules for maintaining the numbering of employment contracts and additional agreements
When hired, an employee enters into an employment contract, and if necessary, make changes to it - an additional agreement. The journal for registering employment contracts is designed to streamline the maintenance of documentation related to such agreements.
It is useful for personnel officers and entrepreneurs to familiarize themselves with the basic provisions governing the rules for filling out and maintaining this journal. Let's take a closer look at the purpose of the journal, who fills it out, how to properly maintain it and make changes to this document.
Many managers and personnel officers wonder whether it is worth keeping a logbook, because there is no responsibility for its absence.
WATCH THE VIDEO ON THE TOPIC: Standard contract for the provision of services: form, parties, payment
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The numbering of employment contracts is not mandatory from the point of view of law, which means that the employer has the right to decide for himself how to number documents in his own enterprise or organization.
Is it necessary to number them at all? Ministry of Justice in a letter from In other words, the numbering of contracts as such is not mandatory. And how to number contracts, everyone decides for himself.
Is numbering of employment contracts required?
When maintaining documentation in an organization, it is advisable to adhere to Rostrud standards. And although assigning numbers to employment contracts is not a mandatory procedure, most employers try to carry out this operation. This solution will streamline office work at the enterprise.
The required Confirm Password field has not been filled in. Consent to the processing of personal data is required. I have been working as the head of the secretariat for more than 10 years, I have a special education in history and archival.
Date of publication Is it necessary to start numbering all invoice documents, orders for acceptance and dismissal from work, pay slips, expense and receipt orders, etc. from the new year?
General rules for the preparation of internal documentation of an organization, including indication of the details of such documents, are set out in GOST R 7. System of standards for information, library and publishing.
Organizational and administrative documentation.
Numbering of contracts
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» Unified Grp» Rules for maintaining the numbering of employment contracts and additional agreements. Numbering of employment contracts in the organization.
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Registration number of the agreement
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How to correctly number contracts and primary documents?
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