Article 67 of the Labor Code of the Russian Federation. Employment contract form (current version)
1. Written form of the employment contract in accordance with Part 1 of Art. 67 is mandatory.
Concluding an employment contract in writing means that the employee and the employer draw up a special document - an agreement, which reflects the names of the parties, the mandatory terms of the employment contract, incl. labor function, other working conditions (see commentary to Article 57). This agreement is drawn up in two copies, each of which is certified by the signature of the employee and the representative of the employer or the employer - an individual.
One copy of the employment contract is given to the employee, the other is kept by the employer. The fact that the employee received one copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. This rule is aimed at protecting the interests of both the employee and the employer.
Legislation and other regulatory legal acts containing labor law norms, when concluding employment contracts with certain categories of workers, may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies (part 3 of the commented article).
A written form of an employment contract is required both at the main place of work and when applying for a part-time job. In this case, it does not matter who the employee goes to work part-time with - the same employer for whom the work he performs is the main one, or another employer.
2. Current legislation does not establish a general (unified) standard form of a written employment contract. In each specific case it is determined arbitrarily. However, when concluding an employment contract, it is necessary to take into account the provisions of Art. 57 of the Labor Code on the contents of the employment contract (see commentary to it). For some categories of workers, taking into account the specifics of their work, the relevant ministries have approved approximate forms of written employment contracts. Thus, Resolution of the Ministry of Labor of Russia dated July 23, 1998 N 29 approved Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the North, and a sample employment agreement (contract) with an employee hired to perform work in the Far North and similar areas). Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 approved a model employment contract with the head of a federal state unitary enterprise. Order of the Ministry of Health and Social Development of Russia dated August 14, 2008 N 424n approved the Recommendations for concluding an employment contract with an employee of a federal budgetary institution and its approximate form.
3. Responsibility for compliance with the procedure for concluding an employment contract rests with the head of the organization. The employee does not bear any responsibility for the fact that the employment contract with him is not drawn up in writing or is drawn up improperly, or an order for his employment has not been issued.
In order to avoid adverse consequences for the employee caused by violation of the procedure for concluding an employment contract, Part 2 of Art. 67 of the Labor Code provides that if the employment contract was not properly drawn up, but the employee actually began work with the knowledge or on behalf of the employer or his authorized representative, then the employment contract is considered concluded, and the employer or his authorized representative is obliged no later than three working days from on the day of actual admission to work, draw up an employment contract in writing.
In cases where the employee began work on the basis of a civil law contract concluded with him, and subsequently the relations associated with the use of his personal labor under this contract were recognized as labor relations, the employer is obliged no later than three working days from the date of recognition of these relations labor authorities draw up an employment contract with the employee in writing.
In this case, the employment contract will be considered concluded from the day the employee is actually admitted to work (see commentary to Articles 11, 16, 19.1). Otherwise, it can only be determined by a court.
Comment source:
Rep. ed. Yu.P. Orlovsky “COMMENTARY ON THE LABOR CODE OF THE RUSSIAN FEDERATION”, 6th edition ACTUALIZATION
ORLOVSKY Y.P., CHIKANOVA L.A., NURTDINOVA A.F., KORSHUNOVA T.YU., SEREGINA L.V., GAVRILINA A.K., BOCHARNIKOVA M.A., VINOGRADOVA Z.D., 2014
Article 67 of the Labor Code of the Russian Federation. Employment contract form
1. Written form of the employment contract in accordance with Part 1 of Art. 67 of the Labor Code of the Russian Federation is mandatory.
Concluding an employment contract in writing means that the employee and the employer draw up a special document - an agreement, which reflects the names of the parties, the mandatory terms of the employment contract, incl. labor function, other working conditions (see commentary to Article 57). This agreement is drawn up in two copies, each of which is certified by the signature of the employee and the representative of the employer or the employer - an individual.
One copy of the employment contract is given to the employee, the other is kept by the employer. The fact that the employee received one copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. This rule is aimed at protecting the interests of both employees and the employer.
Legislation and other regulatory legal acts containing labor law norms, when concluding employment contracts with certain categories of workers, may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in a larger number of copies (Part 3 of Article 67 of the Labor Code of the Russian Federation).
A written form of an employment contract is required both at the main place of work and when applying for a part-time job. In this case, it does not matter where the employee goes for part-time work - to the same employer for whom the work he performs is the main one, or to another employer.
2. Current legislation does not establish a general (unified) standard form of a written employment contract. In each specific case it is determined arbitrarily. However, when concluding an employment contract, it is necessary to take into account the provisions of Art. 57 of the Labor Code on the contents of the employment contract (see commentary to it).
As the basis for developing the form of a written employment contract, many organizations use the Recommendations for concluding an employment agreement (contract) in writing and the Sample form of an employment agreement (contract), approved. Resolution of the Ministry of Labor of Russia of July 14, 1993 N 135 (Bulletin of the Ministry of Labor of Russia. 1993. N 9 - 10) <1>.
For some categories of workers, taking into account the specifics of their work, the relevant ministries have approved approximate forms of written employment contracts. Thus, Resolution of the Ministry of Labor of Russia dated July 23, 1998 N 29 approved Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the North, and a sample employment agreement (contract) with an employee hired to perform work in the regions The Far North and equivalent areas (Bulletin of the Ministry of Labor of Russia. 1998. No. 9). Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 approved a sample employment contract with the head of a federal state unitary enterprise (BNA RF. 2005. N 23). Order of the Ministry of Health and Social Development of Russia dated August 14, 2008 N 424n approved the Recommendations for concluding an employment contract with an employee of a federal budgetary institution and its approximate form.
Since all of these acts were adopted at different times, incl. and before the entry into force of Federal Law No. 90-FZ of June 30, 2006, they should be applied only to the extent that does not contradict the Labor Code as amended by the said Law.
3. Responsibility for compliance with the procedure for concluding an employment contract rests with the head of the organization. The employee does not bear any responsibility for the fact that the employment contract with him is not drawn up in writing or is drawn up improperly, or an order for his employment has not been issued.
In order to avoid unfavorable consequences for the employee caused by violation of the procedure for concluding an employment contract, Part 2 of Article 67 of the Labor Code of the Russian Federation provides that if the employment contract was not properly drawn up, but the employee actually began work with the knowledge or on behalf of the employer or his authorized representative, then the employment contract is considered concluded and the employer or his authorized representative is obliged no later than 3 working days from the date of actual admission to work to draw up the employment contract in writing.
It should be borne in mind that the representative of the employer in this case is a person who, in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations, or by virtue of an employment contract concluded with this person, is empowered to hiring workers, since it is in this case that when an employee is actually allowed to work with the knowledge or on behalf of such a person, an employment relationship arises (Article 16 of the Labor Code) and the employer may be obligated to formalize an employment contract with this employee properly (Clause 12 of the Resolution Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).
Commentary to Art. 67 Labor Code of the Russian Federation
1. An employment contract can only be concluded in writing, in two copies, signed by the parties to the employment contract and kept by both parties.
2. An example of concluding an employment contract in a larger number of copies is an employment contract with the head of a federal state unitary enterprise, which requires approval from the Ministry of Economic Development of Russia (see Sample employment contract with the head of a federal state unitary enterprise, approved by Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 // BNA RF. 2005. N 23).
3. Specific employment contracts can be drawn up in any form, but with mandatory consideration of the provisions of Art. 57 of the Labor Code on the content of the employment contract (see commentary to this article).
4. When concluding an employment contract, you can use the Recommendations for concluding an employment contract with an employee of a federal budgetary institution and its approximate form, approved by Order of the Ministry of Health and Social Development of Russia dated August 14, 2008 N 424n “On approval of Recommendations for concluding an employment contract with an employee of a federal budgetary institution and his in approximate form" (Bulletin of Labor and Social Legislation of the Russian Federation. 2008. No. 10).
Appendix No. 1 to this Order provides an approximate form of an employment contract with an employee of a federal budgetary institution, consisting of a preamble (where the number of the employment contract, the place and time of its conclusion must be indicated) and 3 sections.
Section 1 “General Provisions” names the position, profession or specialty, indicating qualifications or the specific type of work assigned; the full name of the branch, representative office is given if the employee is hired by a specific branch, representative office or other separate structural unit of the employer, indicating its location. It should be noted whether the employee’s job is primary or part-time. The period for which the employment contract is concluded must also be established: for an indefinite period, for a specific period (specify the duration) or for the duration of certain work, indicating the reasons (grounds) for concluding a fixed-term employment contract in accordance with Art. 59 Labor Code of the Russian Federation.
Next, the date of entry into force of the employment contract and the start date of work must be stated.
If an employee is hired on a probationary period, its duration (months, weeks, days) is indicated.
Section 2 outlines the rights and responsibilities of the employee, and Section 3 outlines the rights and responsibilities of the employer. Basically, the rights and obligations of the parties to the employment contract, enshrined in Art. Art. 21 and 22 of the Labor Code of the Russian Federation.
5. For certain categories of workers, a special form of employment contract is provided (see, for example, the Resolution of the Ministry of Labor of Russia dated July 23, 1998, which approved Recommendations for concluding an employment agreement (contract), reflecting the specifics of regulating social and labor relations in the North, and Sample employment agreement (contract) with an employee hired to perform work in the regions of the Far North and equivalent areas // Bulletin of the Ministry of Labor of the Russian Federation, 1998. No. 9).
Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 approved a sample employment contract with the head of a federal state unitary enterprise (BNA RF. 2005. N 23).
The above documents are applied to the extent that they do not contradict the Labor Code of the Russian Federation.
6. An employment contract that is not properly drawn up is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. At the same time, the employer is entrusted with the obligation to properly formalize an employment contract with this employee (see paragraph 12 of the Resolution of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).
