6 nuances: what to look for when concluding an employment contract

The concept of an employment contract

An employment contract is an agreement between an employer and an employee. It defines the mutual rights and obligations of the parties. Thus, the employer must provide the employee with work according to the stipulated labor function, ensure normal working conditions and pay him wages in full, and the employee must personally perform the labor function determined by this agreement and comply with the internal labor regulations in force in the organization.

This agreement often provides for conditions on testing, non-disclosure of secrets protected by law (state, official, commercial), as well as other conditions that do not worsen the position of the employee in comparison with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), laws and other regulatory legal acts, collective agreements, agreements. It is concluded in writing and compiled in two copies, which are signed by the parties, with one of them given to the employee, and the other kept by the employer.

What every employee needs to know about labor rights

After the publication of the article “Fight for your rights...” many IT specialists wrote to me, which, to be honest, was a pleasant surprise. But, in addition to inspiring words of support and advice, Habrowers also shared their own similar situations in which their labor rights were violated. The situations are very different: from non-payment of wages to failure to register in the company’s staff. But they were all similar in one thing: they happened and often ended disastrously due to the low legal literacy of workers in matters of labor rights. Here is just one example of such a situation:

Andrey: I had exactly the same situation with the bankruptcy of the office, now I already see where I did wrong.
We were also fed “breakfasts”, or, as we called them, “micropayments”, when the deadline was postponed for a week, then for another week. In the end they said they were going bankrupt. They also offered to write an application for leave without pay for 3 months. This is the main condition for receiving a current salary. Only we weren’t paid our entire salary. The balance was to be paid under an agreement with the head American office. What was my mistake: 1) I wrote an application for resignation of my own free will 2) I wrote an application for leave without saving a salary 3) I believed that the head office would pay the debt

This all became clear after the trial. According to the agreement, there was a period of six months when the remaining salary must be paid. When it became clear that I wouldn’t get anything, we went to court. The court considered it unproven that we actually worked during the fictitious vacation.

Therefore, we came up with an idea* based on real stories of labor conflicts to collect tips and recommendations on how to behave and what to pay attention to when conducting work. We are planning to do a series of articles on the topic of labor rights. The first article is devoted to issues of employment and dismissal from work. The review itself says many well-known and obvious things, but, as practice shows, it is on such “obvious” things that mistakes are most often made when resolving labor issues. We hope that this article will help you avoid possible troubles at work in the future.

Entering adulthood...

Entering adulthood, i.e. When getting a normal permanent job for the first time, you must first of all familiarize yourself with the Labor Code. The employees themselves must monitor its compliance: no one else needs it. Knowing the basic provisions of the Labor Code is vital. This will help avoid many possible mistakes.

NB!
No employment contract may contain conditions that limit the rights or reduce the level of guarantees of employees compared to those established by labor legislation. If such conditions are included in the employment contract, then they are not subject to application (Article 9 of the Labor Code of the Russian Federation). Thus, the Labor Code guarantees and regulates the basic rights of an employee, regardless of the fantasies and legal initiatives of the employer.

What you need to remember when applying for a job.

I worked in a company, then they decided to bankrupt it, and since the new year we have already been working in a new one. I signed an application for resignation from my previous company, but they never gave me a job application to sign. And then delays in salary. In general, I decided to quit myself. But, because I was moving to another office, they didn’t pay me, arguing that there was no accountant. Later I came on the appointed day, but again there was no accountant =) In general, they owe me 50k. Salaries were always paid in envelopes. And, apparently, I was not registered. I couldn’t even pick up the documents.

Trust me, but...

Some people think that employers and employees are one big family. This is not true unless you join your dad's company. Conflicts between employee and employer in employment relationships occur too often to be left to chance. You need to make it a rule to receive and store documents and materials that in one way or another regulate your work activities, and record personal conversations with your superiors on a voice recorder. This does not mean that you need to record all work activities from receiving a technical specification to sending a specific commit, but when you discuss your salary or changes in your working conditions with your employer, there should be such a record. You need to understand that the employer’s oral promises, like oral instructions, are worthless, and it will be impossible to challenge or prove them in court. And if the employment contract states that you must be in the office from 9:00 to 18:00, and your employer verbally allowed you to come to work by 12:00, then in court the argument will be what is written in the document.

Interview

Discussion of working conditions usually takes place during an interview. Therefore, it is logical to clarify important points on it, namely:

• terms of remuneration; if part of your salary will be a bonus, ask what the terms of its payment are, in what cases the bonus may not be paid, whether this happens due to objective circumstances or by decision of the manager, whether the salary is paid “officially” or “in an envelope”
• duration of working hours, start and end times of work.
• your job responsibilities, a detailed list. Also ask your employer to familiarize yourself with the local regulations in force in the organization. It is especially important to familiarize yourself with the regulations on bonuses and internal labor regulations.

Since the discussion will be held orally, it would be useful to record it on a voice recorder. Recording the conversation will be useful if the employer subsequently refuses to enter into an employment contract with you or invites you to sign an employment contract, which will include completely different conditions.

Employment contract

When applying for a job, you must sign an employment contract.
According to the law, your employment relationship with your employer begins at the moment you actually begin work, even if the employment contract is not signed. But, in the event of litigation, in the absence of an employment contract, the burden of proving the employment relationship will lie with you. And proving the relationship will not be easy. An employment contract governs most of your employment relationship with your employer, so this document must be taken very seriously. An employment contract is not a licensing agreement, so before signing, you must read your employment contract and make sure that everything that was discussed and promised during the interview is included in full and without distortion. If the contract contains references to other local regulations, then it is necessary to require their provision (not only for review, but also in the form of a certified copy in hand) or require that the provisions of the local regulations be included in the employment contract. Otherwise, you risk getting a pig in a poke. After signing, you must receive the original employment contract, and in no case a copy.

Another important point. The employment contract must be signed no later than three working days from the date the employee is actually admitted to work (Article 67 of the Labor Code of the Russian Federation). Therefore, if you have been working in a new place for a month and still have not signed an employment contract, there is something to think about. Well, it’s better, of course, to sign it before going to work.

Particular attention should be paid to the list of job responsibilities. It must be spelled out in detail and leave no room for maneuver. It should not contain any “etc.”, “etc.”, “etc.”, “etc.” Otherwise, the employer will be able to interpret the list of your responsibilities as broadly as he sees fit. And as you may have guessed, you must demand from the employer a certified copy of your job description.

Probation

In almost all companies, employees undergo a probationary period to check their suitability for the assigned work.
This must be reflected in the employment contract. If this is not the case, then it is considered that the employee was hired without testing. The probationary period lasts no more than 3 months for ordinary employees and no more than 6 months for managers. If the contract specifies a longer period, it is still considered completed after three months from the date of commencement of work. Those. An employee cannot be dismissed due to an unsatisfactory test result after four months from the start of work, even if such a test period is established by the employment contract. A nice bonus for students: an employer cannot set a probationary period for a graduate when he first gets a job after graduating from university. Even if a graduate was hired for a probationary period, the employer does not have the right to dismiss him due to failure to complete the probationary period. It is when you start a new job that almost all of your employment relationships with the employer are legally established, so it is at this stage that you need to protect yourself as much as possible from possible violations by the employer in the future.

Why can they get fired?

In Hollywood films, any employee, at the whim of his superiors, can be instantly fired with one phrase.
Fortunately, the Russian Labor Code does not yet provide such opportunities to the employer. Often, an employer, having no legal grounds for dismissing an employee in a short time and without compensation, tries in every possible way to force the employee to write a statement “of his own free will.” Many employees believe that this is a standard procedure for dismissal at the initiative of the employer. This is wrong. An employment contract can be terminated by the employer in the following cases: 1. liquidation of the organization or termination of activities by an individual entrepreneur; 2. reduction in the number or staff of employees of an organization, individual entrepreneur;

In these cases, the employer is obliged at least two months in advance

before dismissal
in writing against signature
of the planned closure/reduction (Article 180 of the Labor Code of the Russian Federation), ensure payment of severance pay (Article 178 of the Labor Code of the Russian Federation), etc.

3. the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;

To do this, at a minimum, workplaces must be certified and there must be clear, calculated parameters that must be met. For example, workplace certification requires that an employee must play one solitaire game in three minutes. If he doesn't keep up, he can be fired. In this case, the immediate superior should stand with a stopwatch and measure. If there is a trade union, then with the participation of the trade union, which will ensure that all measurements are carried out without deception.

There is also a list of job responsibilities that states what the employee must do. If the employee does not do this, he may be fired.

4. repeated failure by an employee to perform job duties without good reason, if he has a disciplinary sanction;

Valid reasons for non-fulfillment of work duties include illness, funeral, force majeure, etc. Disciplinary sanctions are applied in case of failure or improper performance by an employee of his duties (Article 192 of the Labor Code of the Russian Federation). In this case, the responsibilities must be fixed either in the employment contract, or in the job description, or in the local regulations of the employer. And every employee must be familiar with them by signature. When reading these documents, you should pay attention to the fact that the list of job responsibilities is:

• exhaustive, i.e. did not include “etc.”, “etc.”;
• certain, i.e. did not allow disputes about whether this or that function is included in the scope of your job responsibilities or not;
• do not contain language like “carry out instructions from your immediate supervisor.”

Otherwise, the employer will be able to interpret the list of your responsibilities as broadly as he sees fit.
5. for gross violation of labor duties:

• absenteeism (absence from the workplace without a valid reason for more than 4 hours in a row during the working day);
• being at work under the influence of alcohol or drugs;
• disclosure of state and commercial secrets;
• committing theft in the workplace, embezzlement, fraud, etc.

These are the main points on which an employer can fire you from your job. A boss’s bad mood, an economic crisis, or the employer’s unrequited feelings cannot be grounds for terminating an employment contract and dismissing an employee.

Instead of output

Nowadays, labor relations are so diverse, and labor conflicts are so sophisticated that it is impossible to give any universal recipes for all occasions.
Nevertheless, we will try to give some advice: 1. In any unclear [labor] situation, read the Labor Code.

You need to know your rights and understand when they are violated. As they say, forewarned is forearmed.

2. Request, collect, store documents regulating labor activities.

In this sense, the employer is in a more advantageous position: all the necessary documentation is stored initially, and he is legally protected from any unlawful attacks from the employee. Therefore, the employees themselves suffer, who are in a vulnerable position due to a lack of information and the inability to support their position with references for documents.

3. It is more effective to put forward demands and defend your rights collectively.

As a rule, employees of the same company have similar working conditions. Therefore, it is logical that one employee’s labor problems may also affect his colleagues. Demands put forward by a team always make a greater impression on the employer than the same demands put forward by one employee.

The second article will be devoted to wages: where they come from, how they are calculated and what to do with them.

*In addition to writing articles, we want to try to conduct a little research to understand what types of violations IT professionals are most often exposed to.
We plan to interview those who are somehow involved in IT and whose labor rights were violated. Therefore , we, the trade union of IT workers, appeal to the habra community : if you were not paid your salary, if you were illegally fired, if you received a “black” salary - in general, if your rights were violated in one way or another, share with us this! It would be great if you agreed to meet in person and talk - give a short interview. All contacts are listed in the profile. Thank you in advance!

Civil contract

Currently, organizations practice concluding civil contracts (most often agreements for the provision of paid services) instead of labor contracts, which significantly worsens the situation of employees.

1. When concluding a civil contract, the employer (in this case it is more correct to call him the customer) is given a significantly smaller scope of responsibilities in relation to the service provider. For example, he should not give the employee vacation, pay sick leave, provide labor protection, etc.
2. The contract for the provision of paid services provides for a large number of options for changing the amount of remuneration, which does not depend on the minimum wage, and also does not imply any mandatory payments established by labor legislation.
3. When concluding civil contracts, the employer does not make payments for compulsory insurance against accidents and occupational diseases to the Social Insurance Fund of the Russian Federation, unless otherwise provided by the contract.
4. When concluding civil contracts, the contractor’s working hours are set arbitrarily without taking into account the restrictions defined by labor legislation (maximum working hours per week, day, etc.). Theoretically, the performer, unlike the employee, can provide the employer with greater results in the same time.
5. Under an employment contract, income tax on the amount of remuneration for performing labor duties is paid by the employer as a tax agent. He also pays a single social tax on the amount of payments to the employee, while under a civil contract these responsibilities lie with the subordinate.

From here it is clear that it is more profitable for the employer to conclude not an employment contract, but a civil law contract. In this regard, the legal differences between an agreement for the provision of paid services and an employment contract become of utmost importance. According to the latter:

• only an individual acts as an employee, while the executor under a civil contract can be both individuals and legal entities;
• the employee is obliged to personally perform the labor function, and under a civil contract, the service may be performed by another person;
• the employer is obliged to pay the subordinate a salary not lower than the minimum wage, and the customer is obliged to pay remuneration for services in the amount established by the contract;
• They pay not for the materialized result created during the labor process, but for specific work (as a process).

Such features should be taken into account and attention should be paid to them when formalizing relations with the employer.

Don’t #2: Complain about difficulties in searching

When an interviewer during an interview hears complaints that the applicant has been going to interviews for a long time and cannot find a job, his first thought is that there is “something wrong” with you.

You are the product, the employer is the client. If the product is not suitable for the client, the question arises about the uniqueness and cost of the product or the wrong choice of the target audience. If you can’t find a job for a long time, it seems that you have unreasonably high salary expectations (that is, you are offering insufficient knowledge and experience for the amount you set for yourself) or you are interviewing with the wrong employers.

What to do? First, determine what knowledge and competencies are currently in demand on the market and what salary is offered for them. Build your own value proposition by highlighting your unique skills and knowledge. Second, identify and understand your “audience.” Compare your experience and knowledge with the requirements for candidates in the organizations you are interested in, and go for interviews where the requirements and your capabilities match as closely as possible.

Employee age

As a general rule, an employment contract can be concluded with persons who have reached the age of 16 (Article 63 of the Labor Code of the Russian Federation), however, there are three age exceptions.

Firstly, in cases of receiving basic education or leaving a general education institution in accordance with federal law, agreements can be concluded with persons who have reached the age of 15.

Secondly, it is allowed to employ 14-year-olds if:

1. the work is not contraindicated for the health of the minor;
2. work is performed in free time from studies and does not interfere with the learning process;
3. there is the consent of one of the parents (adoptive parent, trustee) for the child’s work, as well as the consent of the guardianship and trusteeship authority.

Thirdly, an employment contract with persons under 14 years of age is concluded by:

1. to participate in the creation and (or) performance of works in cinematography organizations, theaters, theatrical and concert organizations, circuses;
2. if the work does not cause damage to health and moral development;
3. if there is the consent of one of the parents (adoptive parent, guardian) for the child’s work, as well as the consent of the guardianship and trusteeship authority.

Workers under the age of 18 are equal in rights to adults and in the field of labor protection, working hours, vacations and some other working conditions. They enjoy benefits established by the Labor Code of the Russian Federation and other acts of labor legislation.

Don’t #6: Be vague about goals, objectives, and work results

When the applicant is not able to evaluate himself, talk about what he can do and what results he has achieved in his work, the employer cannot do this for him. Recently, businesses, including Russian ones, have begun to more scrupulously count money and measure the effectiveness of their employees. During the conversation, it is important for the interviewer to understand what exactly you do and how your work helps the company earn or save money.

What to do? Before the interview, clearly state what the main objective of your position is. Think about what serves as a criterion for the quality and effectiveness of your work, identify 3-5 indicators. The most obvious ones for the interviewer will be those that can be measured and compared.

Registration of employment

Enrollment at the place of duty is formalized by an order of the employer, issued on the basis of a concluded employment contract. The hiring order is announced to the employee against signature within three days from the date of signing the employment agreement. At the request of the applicant, the employer is obliged to issue him a certified copy of the specified order, familiarize him with the internal labor regulations in force in the organization, other local regulations related to his labor function, as well as with the collective agreement.

General recommendations

There are several more important points in answering the question of how to pass an interview with a psychologist.

Come alone.

It is better to leave the support group (girlfriend, husband/wife) at a distance from the interview site. You may seem like a dependent person. This is especially true for those who come to work with their mother.

Outright lies are prohibited.

An experienced specialist will see through the lies, and the desired position will become unavailable. If a lie is not recognized during an interview, it will be revealed during the work process. This will result in dismissal and negative reference from this place of employment.

Listen carefully to the questions.

Try to answer exactly what you were asked about, without unnecessary reasoning. For example, if they ask about their personal life, a short answer is sufficient. There is no need to talk about conflicts and characteristics of your partner. Extra information creates a negative impression.

Avoid negative characteristics.

Even if you are unhappy with your former boss, you should restrain your emotions. Negativity toward your boss, co-workers, and family will only make you look bad.

Ask questions.

Interest in the job will show you as an interested candidate. And a non-standard question will make it memorable.

Respect personal space.

Allowing familiarity, hugging a psychologist, or sitting too close is unacceptable, even if the candidate was greeted by a friendly atmosphere. This will show an inability to respect boundaries and subordination.

Cope with anxiety.

If you don’t know how to behave during an interview with a psychologist, practice dialogues with friends. Think about what will help you feel less nervous. Anxious candidates are rated lower than calmer ones.

If you refuse, don't despair.

If this is your dream job, you can try again in six months.
It is believed that during this period, data on traits and qualities lose relevance. People change. And if you want to look for a more suitable job right now, you will find it on 7hands.com. 112 5.0 Published: 05/26/2021

When talking about yourself

I don’t care what to do/I’m ready to do anything

This phrase indicates desperation or indifference, and this is not what an employer wants to see in a candidate. It’s better to show that you know what you want and in what direction you should develop.

My main weaknesses are perfectionism and workaholism.

Boring and predictable, even if it's true. Come up with something more original, so as not to follow verbatim instructions from the Internet.

I like to do everything myself

Not always an appropriate characteristic. If you are applying for a leadership position, you will not be able to delegate things. When interacting in a team, you will also have to negotiate. And your bosses will probably want to contribute to your work. If you want to draw attention to how much you can do, it’s better to tell us more about your experience.

Don’t #7: overestimate your role and devalue the role of others

Of course, you need to praise yourself, since an interview is, essentially, selling your knowledge and skills. That is why it is important to clearly indicate your role in any achievement. But recently, one of the most popular competencies is considered to be “cross-functional collaboration” or the ability to work in a team. The division of areas of responsibility and the complication of organizational structures have led to the fact that the results of employees of different departments have become very dependent on each other.

What to do? Be specific about what you did and how your colleagues helped you. The ability to see your contribution to the common cause, as well as to praise and notice the achievements of others, are excellent qualities that are inherent in successful people.

When discussing salary

Now I'm receiving...

With a job change, you most likely expected an increase in income. If you quote your current salary, that will be your starting point. From the employer's perspective, everything above will suit you. Therefore, you should first find out how much they are willing to offer you, and build on this amount when negotiating.

How much are you going to pay me?

The interviewer understands that you are not working for charitable reasons and the financial issue is important. But first you should get to know each other and understand how you fit together. And only then can we move on to discussing salary. If you start a conversation with her, you can ruin everything.

Ask questions when asked

What does your company do?

If you do without guile, the main incentive when looking for a job is not to die of hunger. But there are rules of the game that must be followed if you want to get a place. They assume that you are interested in working for this particular company, so you should know something about it.

Usually a little research on the company's website is enough to get the information you need. You need to study the company in more detail not for the interview, but to understand what it’s like to work there.

How quickly can I expect a promotion?

Not every position provides for career growth. A salary increase is not excluded. But the interlocutor may think that you will not stay in the company because you are aiming for another position.

I do not have any questions

Even if you really understand everything, come up with a couple of routine questions about the specifics of the work. Otherwise, it may seem that you don’t care where to work and whether they will hire you.

Don’t #12: Not be interested in the vacancy

Any interview is a dialogue about how well the candidate and the vacancy fit together. If the candidate doesn't ask for details, the dialogue doesn't work. The employer is waiting for your interest, and it can be shown by asking questions about the vacancy. The interviewer will definitely appreciate your thorough preparation for choosing your future place of work, your desire to immerse yourself in new tasks and perspectives, the problems of the department and the corporate culture of the company. This gives you the opportunity to fully “try on” a new role, and tells the company specifically about those things that are important to you.

What to do? Even if everything about the vacancy is clear at first glance, be sure to ask the interviewer a few questions. During the conversation, you may discover that you didn’t know much, and also adequately assess your own strengths and level of preparation for a new job.

Read on the topic: Difficult age: how much more difficult it is for candidates over 45 to find a job

The opinions of column authors may not coincide with the opinions of the site's editors. The user makes all decisions on the use of any financial instruments independently at his own peril and risk.

Don't #10: Mishandle commercial information

Most companies sign documents on non-disclosure of commercial information with their employees. By strictly adhering to this policy, you run the risk of not performing well during the interview. On the other hand, if you are convinced that results should be discussed clearly and openly, then in this situation a potential employer can see the risks, because there is a possibility that by hiring you, his company will thereby open a channel for leaking information.

What to do? When presenting your results, you can omit the specific names of the clients you attracted, talk about sales increases and other achievements in relative rather than absolute numbers. Consider before the interview what information you can and cannot share, and set those boundaries during the interview.