We conclude an employment agreement (contract) with the employee
I present to your attention a sample employment contract that I use in my daily HR work. The template contains all the most necessary conditions, there is nothing superfluous in it.
Please note that all the employee’s job responsibilities must be specified in the job description. Without a job description, the contract I propose has no practical meaning.
EMPLOYMENT AGREEMENT No. ____
Place of conclusion of the agreement: _____________________
Date of conclusion of the contract: ______________________
Hereinafter referred to as the Employer, represented by a representative: ____________, acting on the basis of ___________, on the one hand, and
Hereinafter referred to as the Employee, acting in his own interests and on his own behalf, on the other hand,
have entered into this employment contract as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the employee undertakes to personally perform labor function by position/profession/specialty: _________________.
1.2. Place of work: the employee is hired in _________________.
1.3. Contract time:
Beginning of work: ___________________.
End of work: ________________.
Grounds for concluding a fixed-term employment contract: ___________________.
1.4. Work for an employer for an employee is: ______________________.
1.5. The employee is established probation lasting 3 (three) months.
If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period by warning him about this in writing no later than three days. If the test result is satisfactory, the employee continues to work under this contract.
If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance.
1.6. Characteristics of working conditions: safe conditions labor, complying with labor protection and safety requirements.
1.7. Nature of work: ___________________.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee is obliged:
Start performing your job duties from the date specified in this agreement (see clause 1.3)
Conscientiously perform a job function in accordance with the job description
Correctly and for the intended purpose use the equipment, devices, materials transferred to him for work, treat with care the property of the employer (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees
Ensure the safety of documentation entrusted to him
Notify the employer of changes in your personal data within three days
Not to disclose information that has become known to him or her due to the nature of his or her activity that relates to the employer’s official and commercial secrets.
Comply with the document flow rules established in the organization, draw up documents in a timely manner, transfer them to the appropriate recipients, for archival storage
Immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property)
Conscientiously fulfill all duties provided for by current legislation, a collective agreement (if concluded), internal rules labor regulations, local regulations and this agreement.
2.2. The employee has the right to:
Providing him with work stipulated by this employment contract
Workplace that complies with government regulations regulatory requirements labor protection and conditions provided for by the collective agreement (upon its conclusion)
Rest (weekly days off, non-working holidays, paid annual leave, breaks during the working day)
Professional training, retraining and advanced training in the manner prescribed by current legislation
Conducting collective negotiations and concluding collective contracts and agreements, as well as information on the implementation of the collective contract, agreements
Resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by current legislation
Compensation for damage caused to him in connection with the performance of his job duties and compensation for moral damage in the manner prescribed by current legislation
Require the employer to comply with their rights established by current legislation, the collective agreement (if concluded), internal labor regulations, local regulations and this agreement.
2.3. The employer is obliged:
Provide the employee with work stipulated by this employment contract
Observe labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement (if concluded), agreements and an employment contract
Provide the employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties
Pay the full amount of wages due to employees within the terms established by the collective agreement (upon its conclusion), internal labor regulations, and employment contract
Conduct collective negotiations and conclude a collective agreement
Introduce the employee, upon signature, to the adopted local regulations directly related to his work activity
Provide compulsory social insurance for employees
Compensate for harm caused to an employee in connection with the performance of their job duties, as well as compensate for moral damage in the manner and under the conditions established by current legislation.
2.4. The employer has the right:
Require the employee to comply with the terms of this agreement, the collective agreement (if concluded), internal labor regulations, local regulations and current legislation
Certify the employee and assess the need for training, if necessary, send the employee for training, retraining, advanced training, both at the expense of the employer and at the expense of the employee himself (at his request)
Involve the employee in disciplinary and financial liability in order, established by the rules internal labor regulations, this agreement and current legislation
Conduct collective negotiations and conclude collective agreements.
3. CONDITIONS OF PAYMENT
3.1. For the performance of job duties, the Employee is paid a salary in the amount of: ______________.
3.2. Additional pay, allowances and incentive payments may be paid to the employee in accordance with local regulations or the decision of the employer.
4. WORKING AND REST TIME REGIME
4.1. To perform job duties, the employee is assigned a work schedule: __________________________.
Work time: From to "______". Break for meals and rest: from “______” to “______”.
Other breaks - in accordance with internal labor regulations.
4.2. The employee is granted annual basic paid leave of 28 calendar days.
4.3. The employee is granted an additional annual paid leave of ____ calendar days. The basis for providing additional paid leave is _______.
5. COMPULSORY SOCIAL INSURANCE
5.1. The employee is entitled to compulsory social (including pension and medical) insurance, insurance against industrial accidents and occupational diseases. Insurance is carried out in accordance with the rules and conditions established by current legislation.
5.2. An employee may be granted the right to additional insurance in accordance with a collective agreement (if concluded) or local regulations.
6. RESPONSIBILITY OF THE PARTIES
6.1. The employee bears responsibility in the manner and under the conditions established by current legislation:
For failure to fulfill or violation of labor duties - disciplinary liability up to and including dismissal
For damage caused to the employer by the culpable actions (inaction) of the employee - financial liability in the amount of damage caused, in particular, in the following cases: damage or destruction of the organization’s property, materials, semi-finished products, products, products, as well as tools, measuring instruments, special clothing and other items issued to the employee for use, shortfalls in amounts received on account.
6.2. The employer bears responsibility in the manner and under the conditions established by current legislation. For causing harm to the health of an employee, as well as moral harm in connection with the performance of his job duties - liability in the amount of harm caused.
7. OTHER CONDITIONS
7.1. This employment contract may be terminated on the grounds provided for by law.
7.2. All issues not regulated by this agreement must be resolved in accordance with current legislation, a collective agreement (if concluded), internal labor regulations, and local regulations.
7.3. This agreement is drawn up in 2 copies: one copy of the employment contract is given to the employee, the other is kept by the employer.
7.4. By signing this agreement, the employee gives the employer consent to the processing of his personal data and confirms that he is familiar with:
Job description
Internal labor regulations,
Regulations on the procedure for processing personal data,
Local regulations: __________________________________________________________.
8. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Features and conditions of the employment contract
The updated realities of reality led to a change in the existing for a long time Labor Code to a new document - the Labor Code, according to which an enterprise of any form of ownership is obliged to conclude an employment contract with each employee.
This document represents a whole set of legal norms governing hiring, transfer to another job, as well as dismissal, which corresponds to the termination of the employment contract.
The subject of the employment contract is the labor relationship that arises at the time the employee is hired, and the parties to the contract are the employee and the employer.
According to Article 56 Labor Code Russian Federation, an employment contract is an agreement between an employee and an employer, according to which the employer undertakes the obligation to provide the employee with work according to the provided labor function, to ensure proper conditions labor provided for by the Labor Code, other laws and other regulatory legal acts that contain labor law norms.
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He must also pay the employee the required wages in full and on time, and the employee is obliged to fulfill certain work, as well as comply with the internal labor regulations in force at the enterprise.
Unfortunately, real life often diverges from the provisions of this article. Employment contracts are issued only after some time has passed, sometimes this period reaches 1-2 months; they do not contain any mention of a probationary period, while the newcomer is verbally informed about its existence.
Even if a newcomer makes every effort to stop this lawlessness, in the absence of an employment contract, which is often accompanied by the absence of an entry in the work book, it will be quite difficult to help him.
In this case, only the court can resolve the situation, since even the labor inspectorate is powerless.
Sample employment contract form
Comprehensive information regarding the performance of a specific labor function in the agreement is intended to legislatively protect the interests of each of the parties, while avoiding a situation where one of them will be in a more advantageous position and the other in a disadvantaged position.
Article 67 stipulates that an employment contract is drawn up in writing, in two copies; each copy of the contract must be signed by both the employer and the employee.
One copy of the document is given to the employee, the second is kept by the opposite party, and on the employer’s copy a note is made indicating that the employee has received the employment contract, certified by his signature.
The direct content of the employment contract is determined by Article 57 of the Labor Code of the Russian Federation.
As evidenced by the employment contract form, a sample of which is given below, the document contains the following information:
This comprehensive document regulates all aspects of the labor relationship arising between the employer and the employee hired at the main place of work throughout the entire labor activity from the moment of conclusion of the contract.
Practice shows that a contract may contain many hidden tricks aimed at allowing the employer to manipulate the employee. Reorganization, change financial condition enterprises and many other reasons can significantly worsen your situation with formal, strict compliance with the terms and conditions of the contract.
Sample of a standard employment contract with a part-time worker
A sample of a standard employment contract with a part-time worker is no different from the form of an employment contract for the main place of work.
In the event that an employment contract is concluded with a person working part-time, the document must contain a detailed mention of this fact, as well as in relation to the main place of work.
A correct and detailed description of job responsibilities performed part-time will help avoid future discrepancies and related disputes.
The difference between them is determined by the Labor Code of the Russian Federation in Articles 282 - 288, according to which the main place of work can only be a single one, but part-time work has no quantitative restrictions.
Moreover, every part-time employment relationship mandatory must be formalized in an employment contract, which stipulates that official duties must be performed by the employee during time free from his main job.
Most often, an employment contract for part-time work is drawn up for operational reasons, when within one organization an employee performs job duties corresponding to several positions.
This type of part-time job is called internal. External part-time work implies that the employers are different.
Practice shows that often with internal part-time work, an agreement is not concluded at all, i.e. people do the work of absent colleagues without any additional payments from the administration.
Essential terms of the employment contract
Art. 57 of the Labor Code designates the following conditions of the concluded employment contract as essential:
All other terms of the Employment Agreement do not relate to the essential conditions, however, they are also an important part of the agreement of the parties, which in no case should be neglected, since their non-compliance will directly affect the infringement of the labor rights of citizens.
Existing list essential conditions can be expanded at the initiative of the employer, which is an indirect tool of influence on the hired employee.
To prevent infringement of the interests of both parties in Art. 73 of the Labor Code of the Russian Federation provided for requirements for the employer in the event of changes in the essential terms of the employment contract, in particular, the employer must justify the reasons for making the changes.
Practice shows that often the employer unilaterally changes the essential conditions, providing the employee with a dubious alternative of choosing between a job with more bad conditions, including wages and freedom to find a new job.
Mandatory terms of the employment contract
The list of mandatory conditions of an employment contract is determined by Article 57.
Mandatory conditions that must be included in any employment contract concluded with employees include the following:
If agreement is reached on all specified points, the contract is signed by both parties. Changing the mandatory conditions is possible only by agreement of the parties; in fact, this change is often presented as a production necessity or force majeure that drags on for an indefinitely long time.
Duration of the employment contract
According to Article 58 of the Labor Code of the Russian Federation, employment contracts may vary in duration. If an agreement is concluded without prior agreement by the parties on the terms, then it is considered unlimited, i.e. concluded for an indefinite period.
In the case where an “employment contract is concluded for a period” agreed upon in advance, it refers to fixed-term employment contracts. It is concluded for a specified period of not more than 5 years. To see what a “sample open-ended employment contract” looks like, you can look below.
It is lawful to conclude a fixed-term employment contract only when the employment relationship is determined by the nature of the work to be performed or the conditions for its implementation related to the timing.
These types of work include, for example, seasonal harvesting work, construction of facilities, and others. Also, fulfilling the duties of a temporarily absent employee is considered a sufficient basis for concluding a fixed-term employment contract.
In this case, the employer is obliged to indicate in the employment contract specific circumstances under which the employment contract cannot be concluded for an indefinite period.
However, the legislation also provides for cases that can be considered as an exception. For example, if a fixed-term employment contract does not have sufficient grounds to be fixed-term, it is recognized as unlimited-term, i.e. concluded for an indefinite period.
The body that supervises compliance with labor legislation and other regulatory legal acts containing labor law norms, or the court in the manner prescribed by law, has the right to assess the grounds for changing the type of contract.
Concluding a fixed-term employment contract is contrary to the interests of the employee, since in this case the employer receives a tool that allows him to legally get rid of the employee upon expiration of the period specified in the contract.
Expiration of the employment contract
The expiration of a fixed-term employment contract is a sufficient basis for terminating the employment relationship. However, in cases where the employee continues to perform his job duties after the expiration of the period specified in the contract, the contract changes its status to unlimited.
This rule applies when neither party has requested termination of a fixed-term employment contract.
Termination of a fixed-term employment contract is preceded by a mandatory written warning about the termination of the employment relationship, while the parties are not limited in the possibility of replacing a fixed-term contract with an agreement with an indefinite period if there is a mutual desire to extend the employment relationship.
If, nevertheless, the decision to terminate the contract is made, then in accordance with Art. 79 of the Labor Code of the Russian Federation, the employee must be notified no later than three calendar days in advance.
In this case, the notification document must be signed by the employee indicating the date of familiarization with its contents.
However, this rule applies when the date of termination of the employment contract is known in advance. If the end date of the duties performed is not known in advance, then written notice of dismissal is not required.
If an employee refuses to familiarize himself with the dismissal notice, then the appropriate official an act of refusal is drawn up, which must be certified by signatures of this person, as well as two witnesses.
Notice of dismissal due to the expiration of the employment contract must be entered in the Notification Log.
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Employment contract with probationary period
The probationary period is modern instrument, corresponding to the current realities of the labor market. It represents the initial period of employment during which the employer can assess the skill level of a given employee for a particular job.
A probationary period is also necessary for the employee, during which time he can compare the scope of work responsibilities, become familiar with the features of this particular job and make a decision on continuing or terminating his work duties.
In accordance with Art. 70 of the Labor Code of the Russian Federation, a probationary period must be provided for in the employment contract. If there is no mention of a probationary period in the document, then it is unacceptable to establish it, i.e. the employee begins to perform work duties without any testing.
Employment contract for an indefinite period
Thus, we can say that an employment contract for an indefinite period most fully protects the rights of the employee, guaranteeing that he retains his job.
It is this document that establishes the employer’s obligations in relation to remuneration, as well as payment for dangerous, difficult and harmful conditions.
It defines the social guarantees established by the current labor legislation and other regulatory legal acts containing labor law norms, as well as local regulations. Even if the employer initiated the termination of the contract, the employee retains the guarantees and benefits provided for by labor legislation.
Sample of a standard employment contract for Ukraine
The labor legislation of Ukraine is based on the Labor Code of Ukraine (LLC), which regulates labor relations between employers and employees, establishes legal guarantees for the exercise of the right of employees to dispose of their ability to work.
Currently valid a new version Labor Code of Ukraine, which was amended in 2011. According to this Code of Laws, the employment contract of the Republic of Belarus, a sample of which can be viewed below, is the main document regulating the relationship between the employee’s employer.
It is concluded in writing and can be indefinite, urgent, or concluded for the duration of certain work.
Sample of a standard employment contract for Kazakhstan
Labor relations in Kazakhstan are regulated by the country’s labor legislation, the main document of which is the Labor Code of the Republic of Kazakhstan, adopted in 2007.
According to this document, the “employment contract of the Republic of Kazakhstan sample” of which can be viewed below, is intended to regulate labor relations, which are always an area of mutual interests for both employers and employees.
According to the signed employment contract, an employee with sufficient qualifications performs a certain job function for an agreed payment, and
The employer pays the employee wages in full and on time, and also makes other payments provided for by the labor legislation of the Republic of Kazakhstan.
The document is drawn up in two copies for each of the parties, always in writing. The employee puts his signature and date on the employer’s copy, indicating that he has read the contents and received his copy of the document.
In general, the labor legislation of the Republic of Kazakhstan largely coincides with similar documents of the Russian Federation, thereby emphasizing the close ties between our countries.
Knowledge of labor legislation will allow all parties to labor relations to competently and balancedly approach their responsibilities and exercise their rights, building a civilized labor market throughout the post-Soviet space.
Employment contract. Sample.
Date of conclusion of this employment contract: “_____” _____________ 200__
Place of conclusion of this employment contract: _________________________.
_______________________________________________________________________________,
(Indicate the last name, first name, patronymic of the employee)
_______________________________________________________________________________ .
(Indicate the full name of the employer-organization
or last name, first name and patronymic of the employer-individual entrepreneur)
hereinafter referred to as the Employer. represented by __________________________________________,
(Indicate the position, surname, first name, patronymic of the person who signed
1. Subject of the employment contract. General provisions.
1.1. The employee is hired at __________________________________________________________
(The place of work is indicated, and in the case when the employee is hired to work in
branch, representative office or other separate structural unit of the organization,
located in another area - place of work indicating
separate structural unit and its location)
to work ________________________________________________________________________
The labor function is indicated, i.e. work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications and the specific type of work assigned to the employee. If in accordance with
According to federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions
or specialties must correspond to the names specified in the qualification directories,
approved in the manner established by the Government of the Russian Federation)
Under this employment contract, the employer undertakes to provide the employee with work according to the specified labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements, local regulations and this agreement. pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force for this employer.
1.2. This employment contract is concluded:
a) for an indefinite period
b) for the period from _________________________ to __________________________. Circumstances (reasons) that served as the basis for concluding a fixed-term employment contract ________
(Indicated in accordance with the Labor Code of the Russian Federation or other federal law, it is recommended to indicate a specific point, article of the normative act and, in accordance with it, the exact wording of the reason)
1.3. a) The employee is given a probationary period - _________________________________.
(Indicate the number of days, weeks, months)
b) The employee is accepted without testing.
(select the one you need)
1.4. The start date of work, that is, the date from which the employee is obliged to start work - “___” _____________ ___200__.
1.5. This employment contract comes into force from the moment it is signed by both parties.
1.6. Work under this employment contract is for the Employee ___________________________________________________________________________.
(main place of work or part-time job)
(Note to paragraphs 2 and 3 of the agreement. By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer, arising from the terms of the collective agreement, agreements. Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.)
2. Rights and obligations of the Employee.
2.1. The employee carries out his activities in accordance with the current labor legislation of the Russian Federation, the Employer's internal labor regulations, other local regulations of the Employer, the job description and the terms of this employment contract.
2.2. The employee submits to _________________________________________________
(head of structural unit, director of the Employer)
2.3. The employee has the right to.
Amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws
Providing him with work stipulated by the employment contract
A workplace that complies with state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any)
Timely and full payment wages in accordance with your qualifications, complexity of work, quantity and quality of work performed
Rest ensured by establishing working hours in accordance with the law, providing weekly days off, non-working days holidays, paid annual leave
Complete reliable information about working conditions and labor protection requirements in the workplace
Professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws
Association, including the right to create and join trade unions to protect their labor rights, freedoms and legitimate interests
Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements
Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law
Resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws
Compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws
Compulsory social insurance in cases provided for by federal laws
- _______________________________________________________________________________
(Other rights of the employee are indicated by agreement of the parties to this agreement)
The employee also has other rights granted to him by labor legislation.
2.4. The employee undertakes.
Conscientiously fulfill his labor duties assigned to him by the employment contract
Comply with internal labor regulations
Maintain labor discipline
Fulfill established standards labor
Comply with occupational health and safety requirements
Treat with care the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees
Immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).
Take measures to eliminate the causes and conditions that impede the normal performance of work (accidents, downtime, etc.), and immediately report the incident to the Employer
Maintain your workplace, equipment and fixtures in good condition, order and cleanliness
Observe established by the Employer procedure for storing documents, material and monetary assets
Do not disclose or protect information that constitutes a trade secret of the Employer. The list of information constituting a trade secret of the Employer is determined in _________________________________________________________, with which the employee is familiarized.
(Indicate the name of the document in which this list is defined)
Compensate the Employer for damage caused by the disclosure of information that constitutes a trade secret
Do not collect or distribute false and partially or completely untrue information about the Employer
Increase your professional level through systematic independent study of specialized literature, journals, and other periodic specialized information on one’s position (profession, specialty), on the work performed (services)
Conclude an agreement on full financial liability in the event of commencing work on direct service or use of monetary, commodity valuables, other property, in cases and in the manner prescribed by law
- ________________________________________________________________________________
(Other responsibilities of the employee are indicated by agreement of the parties to this agreement)
2.5. Failure to include in the employment contract any of the rights and (or) obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement , agreements cannot be construed as a waiver of the exercise of these rights or the performance of these obligations.
3. Rights and obligations of the Employer.
3.1. The employer has the right.
Change and terminate an employment contract with an employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws
Conduct collective negotiations and conclude collective agreements
Encourage employees for conscientious, effective work
Require the employee to perform his job duties and take care of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations
Bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws
Accept local regulations
Create associations of employers for the purpose of representing and protecting their interests and join them
- _______________________________________________________________________________
(Other rights of the employer are indicated by agreement of the parties to this agreement)
The employer also has other rights granted to him by labor legislation.
3.2. The employer undertakes.
Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement (if any), agreements and this employment contract
Provide the employee with work stipulated by the employment contract
Ensure safety and working conditions that comply with state regulatory labor protection requirements
Provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties
Provide employees with timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed
Introduce the employee, upon signature, to the adopted local regulations directly related to their work activities
Consider submissions from relevant trade union bodies, other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate identified violations and report measures taken specified bodies and representatives
Provide for the employee’s everyday needs related to the performance of his job duties
Carry out compulsory social insurance of the employee in the manner established by federal laws
Compensate for harm caused to an employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation
News to employee work book in accordance with the legislation of the Russian Federation.
Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and this employment contract.
- _______________________________________________________________________________
(Other obligations of the employer are indicated by agreement of the parties to this agreement)
Perform other duties arising from the law and this employment contract.
4. Work and rest schedule.
(Note to paragraph 4 of the agreement. The working hours and rest hours are indicated if for a given employee it differs from general rules valid for this employer)
4.1. The employee is given the following working hours:
2.2.2. Mandatory terms of the employment contract
The following conditions are mandatory for inclusion in an employment contract, in accordance with Article 57 of the Labor Code of the Russian Federation:
Information about documents proving the identity of the employee and the employer - an individual*
Taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs)*
Place of work, and in the case where an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another area - place of work indicating the separate structural unit and its location
Labor function (work in a position in accordance with the staffing table, profession, specialty, indicating the qualifications of the specific type of work assigned to the employee) if, in accordance with federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the qualification directories approved in the manner established by the Government of the Russian Federation
The start date of work, and in the case where a fixed-term employment contract is concluded, also its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law
Conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments)
Working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer)
Compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions in the workplace
Conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, other nature of work)
Condition for compulsory social insurance of an employee in accordance with the Labor Code of the Russian Federation and other federal laws
Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer:
Established by labor legislation and other regulatory legal acts containing labor law norms
Established by local regulations
Arising from the terms of the collective agreement, agreements.
Failure to include any of the specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Place of work
The employment contract indicates the place of work (structural unit - workshop, department, department, laboratory, etc.). This allows the employee to specify job responsibilities, working conditions and entitlement benefits, if any.
1. The employee is hired in electrical laboratory . (name of the structural unit (workshop, department, laboratory, etc.))
Name of profession (position), specialty
A certain regulation of the names of professions or positions in an employment contract is due to the currently existing mechanism for creating guarantees of social protection for workers when resolving issues of wages, benefits and compensation in connection with working conditions, pension conditions, etc.
If there are certain benefits or restrictions, then the title of the position is indicated strictly in accordance with the Unified Tariff and Qualification Directory (UTKS) or the Tariff and Qualification Characteristics and Qualification Directories of Employee Positions (managers, specialists, technical performers) (TKS).
2. The employee is hired HR manager position. (position in accordance with the staffing table)
How can the characteristics of working conditions be reflected in an employment contract?
Question
Good afternoon Please help me how to describe the working conditions in an employment contract. The inspector demands that all characteristics of working conditions in the workplace be specified in the employment contract. At our enterprise there are many professions that are classified as harmful (hazardous), with different characteristics and harmful production factors: chemical, biological, physical, etc. In our employment contract, we make a link to the workplace certification card for each individual profession and introduce it to the employee when concluding an employment contract. Is it necessary to include all characteristics directly in the employment contract? We believe that this will take up a lot of space and will be unreadable. Thank you!
Answer
In your case, it is necessary to indicate in the employment contracts of the relevant employees all the characteristics of the working conditions in the workplace, due to which the work of such employees is difficult or involves harmful and (or) dangerous working conditions. In addition, it is necessary to indicate all compensation due to the employee for working in such conditions.
The rule on the mandatory inclusion of relevant information in an employment contract is expressly stated in part two of Article 57 of the Labor Code of the Russian Federation.
The establishment in an employment contract with employees, instead of the necessary information, of a reference to certification of workplaces does not constitute compliance with legal requirements. An employer who has not included in the employment contract all the information and conditions that are mandatory in accordance with Article 57 of the Labor Code of the Russian Federation violates labor legislation and may be subject to administrative liability.
Given these facts, even though the employment contract may become unreadable, it is necessary to include all the necessary information in it. If the description of the conditions takes up a lot of space, then this description can be made an annex to the employment contract.
Taking into account this fact, an additional agreement should be concluded with employees who have harmful working conditions and who are entitled to corresponding benefits, and if the corresponding conditions were not included in their employment contracts. A sample of an additional agreement can be found in the attachment (Document forms: Sample of an additional agreement to an employment contract).
Please note that in order to comply with current labor legislation, it is sufficient to define the relevant conditions in an additional agreement in free form (for example: An employee is entitled to the following compensation for working in hazardous working conditions).
The procedure for organizing the work of employees under hazardous working conditions can be found in the appendix (Answer: How to organize work under harmful or dangerous working conditions).
Details in the System materials:
Answer: How to organize work under harmful or dangerous working conditions.
Harmful conditions labor
Harmful working conditions are production factors that can cause various types of diseases in an employee. Such conditions include, but are not limited to, radiation, noise, vibration, etc.
list of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out
a list of works during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out.
At the same time, in order to identify harmful working conditions at a particular workplace and establish compensation for employees working in such places, the employer is obliged to conduct certification of workplaces for working conditions.
Types of compensation
Currently, compensation for work in harmful and (or) dangerous working conditions is established as follows:
reduced working hours - no more than 36 hours per week and no more than 8 hours per shift (with 36-hour work per week)
annual additional paid leave - at least seven calendar days
This follows from Part 1 of Article 92, Part 2 of Article 94, Article 146, Part 2 of Article 117, Part 3 of Article 147 of the Labor Code of the Russian Federation and paragraph 1 of Decree of the Government of the Russian Federation of November 20, 2008 No. 870.
Establishment of compensation
The specific procedure for establishing the duration of shortened working hours, additional leave and the amount of additional payments depending on the class and working conditions should be established by the Russian Ministry of Labor (Resolution of the Government of the Russian Federation of November 20, 2008 No.
Working conditions at the workplace - important aspect labor relations between employer and employee. When applying for employment, a candidate for a position has the right to know in what conditions he will have to work, and therefore the characteristics of working conditions must be spelled out in the employment contract. From this article you will learn what is meant by working conditions, what are the established characteristics of the production process, what is the production environment and labor intensity, what is the classification of working conditions, what environmental factors are paid to Special attention, how workplace certification is carried out, how to formulate provisions on working conditions in an employment contract, what compensation is provided for harmful/dangerous working conditions, and what to do if working conditions deteriorate during work.
What is meant by working conditions
Working conditions are a set of factors that influence how comfortable and safe a worker is to perform his or her duties. job responsibilities at his workplace. Over the years, the labor protection system has been continuously improved, and today we can talk about fairly clear criteria for assessing working conditions. The law requires the employer to create as many comfortable conditions work for their employees, but most importantly, the work must be safe, not threatening the life/health of the subordinate himself and his future children.
Current labor legislation obliges the employer to notify new employees about working conditions in production even at the time of familiarization with the contract:
- says that the head of the enterprise is obliged to ensure working conditions provided for by law;
- obliges employers to include a description of working conditions in the contract and mention all the harmful factors of production that the subordinate will encounter (it is also necessary to specify what guarantees and compensation payments are provided).
Characteristics of working conditions in an employment contract
The employment contract must specify the characteristics of the production process - activities aimed at transforming raw materials into the final consumer product. The production process can be characterized by:
- raw materials and materials available at the beginning;
- the means by which production is made possible;
- the type of labor involved.
This means that in order for an employee to imagine what he will encounter during his work, it is necessary to characterize the work process as accurately as possible at the stage of drawing up an individual employment contract. For example, if a future employee knows that he will have to work in a metallurgical plant, he can already assess how acceptable the working conditions will be for him. If the conditions are difficult, compensation for difficult work, additional privileges and guarantees can convince people to get a job.
What is a production environment
At the time of employment, the employee must have an understanding of the production environment of the enterprise. We are talking about the space where the employee will perform his immediate duties. When describing the production environment, it is necessary to mention the building, transport, and means of production. You should also pay attention to the environmental and psychological factors - sometimes work requires enormous emotional endurance.
What is meant by labor intensity?
Labor intensity is the most important indicator of the production process. We can say that we are talking about the intensity of the labor process. The same work can be organized in different ways - in one case the employee will get tired quickly, but at the same time achieve insignificant results, in another situation the employee will have time to do much more, but will not be so tired.
From leadership literacy to in this case the fate of the enterprise depends. If the workplace is poorly organized, productivity will suffer. Conversely, if a combination of various factors, including psychological ones, do not lead to an excessive increase in work intensity, employees perform their work efficiently and achieve optimal results.
Characteristics of working conditions in an employment contract: classification of working conditions
Important! Current legislation considers four classes of working conditions - the 4th is considered the most harmful and dangerous.
So, in the employment contract it is imperative to indicate to which hazard class the production process belongs, and what factors worsen working conditions.
| Conditions | Characteristic |
| Optimal | Harmful production factors are either completely absent or at an acceptable, completely low level. Employees are not exposed to any harmful factors, their health does not deteriorate during work, they have time to rest and recuperate during breaks and weekends. |
| Acceptable | Any harmful factors are present, however, their impact is within strictly established limits. Workers experience discomfort, physical or psychological, but do not experience a deterioration in their health. There is enough rest time to recuperate. |
| Harmful | It was noted that the level of exposure to harmful or dangerous production factors on the employees’ bodies was exceeded. There is a risk of injury or occupational disease. There is not enough rest time to fully recuperate, health is gradually deteriorating, and the need may arise. early care from work due to decreased ability to work. |
| Dangerous | The influence of negative factors does not stop throughout the working day, and there is a deterioration in health and general condition. Occupational diseases inevitably arise when long work loss of ability to work for any work. Future generations may also be harmed. |
Maximum permissible indicators of environmental factors
When hiring an employee, it is also necessary to inform him about a workplace assessment, which includes measurements of the most important physical factors. Biological and chemical factors such as exposure to toxic substances, dust concentration, etc. must also be checked. Physical factors include the following:
| Factor | Norm |
| Vibration | General and local vibration are distinguished. The maximum permissible values of the standardized parameters of industrial local vibration are 126 dB (vibration acceleration), 112 dB (vibration velocity). |
| Noise | 65 dB – noise level, 75 thousand Hertz – frequency. |
| Temperature | If there is active physical work, a temperature of 10-16 C is considered normal, if the worker’s activity is average - 18-23 C. |
| Lighting | The norm is 1000-2000 Lux. |
Special assessment of working conditions
Important! Since January 2014, even office certification is mandatory.
The certification of workplaces, which was carried out by a professional certified commission once every 5 years, has been replaced by a special assessment of working conditions. The employer is obliged to involve specialists to carry it out in order to promptly learn about the deterioration of working conditions, the impact of harmful factors on workers, and the presence of areas hazardous to health and life. production premises etc.
During the assessment, the indicators of biological, chemical and physical factors are measured. As a rule, employers conduct special assessment workplaces every few years, when there is a significant change in the production process and when accidents occur. If it turns out that the workplace does not meet the approved standards, the employer decides how to improve working conditions.
Characteristics of working conditions in an employment contract: wording
In an individual employment contract, it is necessary to mention what working conditions are created at the enterprise. You need to write the following:
- Highlight a new section of the contract, call it “Labor Safety”, indicate the class of conditions (1 – “optimal”, 2 – acceptable, 3 – harmful (indicating the degree of impact of negative factors), 4 – dangerous).
- List the harmful and dangerous factors affecting employees during the period of work.
- Write about the possible consequences of working under the influence of harmful factors, if working conditions are not optimal and unacceptable (deterioration of health, occurrence of occupational diseases, harm to the future generation, loss of ability to work, etc.).
- Talk about the compensation and guarantees that an employee who works in harmful and dangerous conditions receives. This is a salary increase (minimum 4%), additional vacation, free milk and other privileges at the discretion of the employer.
Expert opinion on what to do if a deterioration in working conditions is noticed
It happens that an employee gets a job because he is satisfied with the working conditions specified in the contract. However, after a while he notices changes in working conditions and increased exposure to harmful factors. Experts from the State Labor Inspectorate In such cases, it is advised to report deterioration in working conditions to the employer. If the changes are of a domestic nature, for example, the lighting is faulty, the employer will contact the subordinate responsible for labor protection at the enterprise. The defect will be fixed.
If the employer ignores the words of the employees, it is necessary to contact the trade union organization and demand an unscheduled special assessment of workplaces. If management disagrees, it is possible to file a complaint with Rostrud, the prosecutor's office and the court - if a significant deterioration in working conditions is detected, the employer will be fined.
HR specialists are often faced with the problem of how to correctly spell out working conditions in the workplace in an employment contract. Read how to properly format an entry, download a sample
Read our article:
Making a record of working conditions in the contract
An employment contract is precisely the document in which all the nuances of the situation in the workplace must be accurately and in detail described. The employer, following Article 57 of the Labor Code and Federal Law No. 426, must indicate this information (including the hazard class, additional compensation and allowances, etc.) in the agreement.
How to specify working conditions
Information about working conditions is displayed in the contract in the “Labor Safety” section. First, information is provided about what conditions exist at the employee’s workplace. If they are recognized as optimal (that is, they belong to class 1), then it is indicated that the standards have been met and no harm has been identified. And if classes 3 and 4 are identified, it is necessary to identify the factors themselves: for example, vibration and elevated temperature. Class 3 also has a subclass.
In order to simplify the work of HR specialists, a special section dedicated to information about occupational safety has been included in the employment agreement template. It must indicate information about a specific workplace. this employee, and use the wording specified in the law (Article 14 of Federal Law No. 426-FZ): “Optimal”, “Acceptable”, “Harmful” and “Dangerous”. The required level of PPE provision and all required compensation, allowances, special meals, etc. are also indicated.
It is imperative to indicate in the contract a list of benefits in case a person’s health is threatened.
Note:
The Labor Code clearly regulates guarantees regarding personnel. Thus, Article 117 states that employees have the right to an additional 7 days to paid annual leave “for harmful activities”. And Article 147 establishes a minimum premium of 4%, depending on how the workplace is assessed. Article 92 establishes that shifts for hazard classes 3 and 4 should be reduced to 36 hours. Thus, we are talking about three types of guarantees: the duration of additional vacation, financial compensation and shortened working hours (shifts).
The employer has the right to increase compensation. In this case, it is registered in local regulations organization and is also included in the employment contract.
The procedure for introducing a clause about working conditions
Information about working conditions must be specified in the contract in advance, at the employment stage. Information is entered only after the special assessment has been carried out by a specialized institution, according to the Methodology approved by Order of the Ministry of Labor and Social Protection of the Russian Federation No. 33n. An employee can initiate an inspection through a trade union if it seems to him that working conditions do not coincide with those specified in the contract.
The result of the checks is a whole package of documents:
- Protocols and cards for assessing harmful and dangerous hazards for each workplace;
- protocol for assessing the effective use of protective equipment; list of measures to improve conditions;
- conclusion with assignment of a certain class to workplaces;
- report on the assessment activities.
Based on the results of the inspection, data on assigned hazard classes is recorded in employment agreements.
The exception is “remote” employees, “homeworkers”, as well as those employed under a contract between individuals, in their case, job assessments are not carried out and are not included in the employment agreement.
Classification
The hazard class of production cannot be determined by eye; it can only be the result of an inspection. Any workplace can be classified into one of four classes.
1 class, the most common and safest. There is a widespread opinion that it just doesn’t have to be included in the employment agreement, it comes “by default”. But that's not true. Class 1 is marked as “Optimal” working conditions.
2nd grade already has a negative impact, but within limits acceptable standards.
3rd grade combines harmful working conditions and is divided into 4 groups (ascending).
4th grade is considered dangerous and has the most serious impact on the life and health of workers.
Introducing changes in working conditions to the contract
If, based on the results of the special assessment, it becomes clear that the conditions have changed, then the employer’s next step is to notify the employee in writing.
The employer is obliged to notify staff no later than 2 months after the special assessment.
If there is a need to adjust the content of the “Occupational Safety and Health” section, this is formalized by creating an additional agreement to the contract. But there are some nuances here too. Changes can only be determined through a job evaluation procedure.
If, as a result of a planned or unscheduled SOUT, it is established that they have changed in one direction or another, this must be recorded in the contract by an additional agreement and, if necessary, the required compensation must be updated. They cannot be less than the guarantees defined by labor legislation.
Note:
The employee has every right to refuse cooperation if conditions worsen.
The fact is that the changes imply the voluntary consent of the two parties. And if agreement is not reached, the employer can dismiss the employee under clause 7, part 1, article 77 of the Labor Code. But for this it is necessary to notify about changes in the agreement no later than two months and possible dismissal. An option is possible in which the employee is offered another position or location.
Provides for the mandatory inclusion of this clause in the employment contract.
Characteristics of the production process
The production process is a combination of three processes - main, auxiliary and servicing, which are aimed at producing a specific finished product.
The main type of processes are those procedures that contribute to the transformation of raw materials into a finished product.
Auxiliary - actions that contribute to the normal course of basic processes. These include, among other things, equipment repair, tool manufacturing, etc.
Maintenance – procedures that ensure uninterrupted production. These include storage of raw materials, their transportation, technical quality control, etc.
The environment in which a person works
The definition of work environment refers to the environment in which an employee carries out his work activities.
The work environment includes the following factors:
- The object of labor is the element on which human labor is concentrated.
- Tools of labor are equipment that contributes to human influence on the subject of work.
- The product of labor is the result of the production process.
- Different types of energy.
- Natural and climatic factors.
- Staff.
- Animals and plants.
Work intensity
Labor intensity refers to the amount of labor that a worker expends over a certain time period.
This indicator is assessed based on the following factors:
- Intensity.
- Pace of work.
- Worker's employment.
- The severity of work.
Classification by danger and harmfulness
The classification of working conditions by danger and harmfulness occurs in accordance with the Federal Law of December 28, 2013 No. 426-FZ “On Special Assessment of Labor”, namely. Thus, working conditions are divided into four classes:
Environmental factors
During an employee’s working day, his body is affected by circumstances that can cause certain changes.
They are referred to as environmental factors.
The norm for each of these factors is established individual characteristics in production.
Certification
Thus, in order to protect the rights of the employee, the employer is obliged to provide him with acceptable working conditions or provide compensation for the harm that is caused to the employee during the performance of his work activity.
Working conditions created in the workplace can affect the well-being and health of the employee, and classifying them as special categories obliges the employer to pay regular compensation amounts, provide additional holidays and other benefits. Since 2014, the employer has been required to stipulate working conditions in the employment contract.
The clause on the nature of the work included in the contract makes it possible to determine whether the employee is eligible for any benefits or not. Not all situations are the same and sometimes the employer simply does not have information about the nature of the work due to the lack of workplace certification. Filling out the corresponding column purely hypothetically is prohibited; documentary reasons are required. What to do in this case?
Any enterprise basically has a clearly structured production process, which consists of many separately performed operations that are aimed at obtaining one final result. Production activities are divided into a number of tasks and functions and, of course, not all of them are performed in an ideal manner.
All processes performed can be divided into three groups:
- The main one is the one that directly affects raw materials, materials and other initial aspects, turning them into finished products.
- Auxiliary - aimed at creating conditions for the execution of basic processes.
- The attendant provides all related services that allow the implementation of basic and auxiliary functions.
Workplaces are classified in terms of the production processes that are carried out in that particular organization. The same professions may have different activity structures depending on what technologies are used in the enterprise and what the logistics are. That is why there are no general characteristics of working conditions, and each employer is obliged to carry out experimental work.
Classification of working conditions
Federal Law “On Special Assessment of Working Conditions” N 426-FZ dated December 28, 2013, in Article 14 provides a complete list of acceptable classifications of working conditions.
Working conditions are divided into four classes:
- Optimal - 1st class.
- Acceptable - 2nd class.
- – 3rd grade.
- Dangerous class 4.
Assignment of class 1 indicates that no harmful and/or dangerous production factors have been recorded at the workplace that could negatively affect one’s well-being or health.
Class 2 is assigned if the employee is exposed to harmful or dangerous factors, but they cannot cause damage to his body. It is understood that these impacts are within acceptable limits, and their effect is completely neutralized during the inter-shift rest period and during the period.
Harmful working conditions are characterized by exceeding permissible exposure standards and are divided into:
- Subclass 3.1 – 1st degree of harm. It implies that the impact on the body increases the risk of damage to health, and the impact is neutralized by rest, the intervals of which exceed those allotted by labor standards.
- Subclass 3.2 – 2nd degree of harm. Systematic harmful effects lead to persistent functional disorders in the human body, but do not imply loss of ability to work. The occurrence of health disorders is recorded after 15 or more years of work in such a workplace.
- Subclass 3.3 – 3rd degree. Work is characterized by the acquisition of mild to moderate occupational diseases during working age.
- Subclass 3.4 – 4th degree. Assigned if environmental factors can cause severe professional disorders of the body when it comes to the ability to work in general.
Conditions that can lead to the development of acute occupational diseases or injury, etc. are considered dangerous.
Special assessment of conditions
Legislative norms establish the obligatory nature of a special assessment of the working conditions of all workplaces. Employers are responsible for its timely implementation. When conducting a special assessment, you should be guided by the standards Federal Law N 426-FZ, which regulates the procedure and contains detailed instructions on its implementation.
New jobs must be certified within 12 months of their creation. For all other cases, certification is carried out at intervals of at least once every five years, and at the request of the employer, it can be carried out more often. A special assessment is not made only for remote workers, which include homeworkers and remote workers.
A special assessment is a whole complex of activities in which not only employees of the organization itself, but also specialists invited from outside can be involved. Today, there are many companies that provide comprehensive assistance in holding such events. The result of such an assessment is the identification of hazards, as well as the development of an action plan to reduce harmful and dangerous impacts.
Registration of an employment contract
The relationship between an employee and an employer begins with the signing of an agreement between the parties. is concluded before the employee begins his duties, which allows him to fully evaluate the upcoming cooperation and the working conditions that will be created for the person.
The Labor Code of the Russian Federation in Article 57 indicates a number of mandatory clauses that must be included in the employment contract.
This article also contains additional clauses that can be specified at the request of the parties, but are not mandatory. It is in the interests of the employer to comply with the prescribed procedure, because the absence of any clause does not deprive the employee of this right, but the organization itself can cause serious damage to the idea.
The employee may judicial procedure protect your rights if any of the essential conditions were not specified in the employment contract.
The conditions introduced when accepting a new person can be applied more than once during the entire period of cooperation. However, all changes to the contract are written only with the consent of both parties, and not unilaterally.
Note on working conditions
In Article 57 of the Labor Code of the Russian Federation, one of the mandatory points is the description of working conditions. It should be registered when initially concluding an employment contract. This paragraph indicates the established class of conditions, and if there is harmfulness, the assigned subclass is also prescribed. If the characteristics correspond to the first class, then a general statement is written that negative impacts are absent, and sanitary and hygienic standards are met. If there is a class of harmfulness or danger, a full description of all characteristics established by a special assessment is provided.
Guarantees and compensation
It is no coincidence that labor conditions are specified in the contract. The presence of an established harmfulness or danger allows the employee to count on payment of the guarantees due to him.
Article 224 of the Labor Code establishes that the employer is responsible for compliance labor standards, which, in particular, prescribe that not all workers can be involved in work classified as harmful or dangerous. Some employees hired for such jobs must be exempted for medical reasons.
In accordance with Article 147 of the Labor Code of the Russian Federation, those working in places classified as dangerous or harmful must receive a monthly supplement to the established salary. The minimum limit for such additional payment is set at 4%, but it can be increased by the employer on his own initiative with the involvement of the trade union committee in discussing this issue.
In addition to remuneration, such employees can count on a number of benefits:
- Spa treatment.
- Providing food.
The scope of benefits depends on the established class.
Changes in working conditions
The management of the organization is directly interested in improving working conditions at the enterprise.
This leads to both lower taxation and lower labor costs. Therefore, from one certification to another, a set of measures is carried out aimed at reducing harmful factors.
The most successful levers for this are:
- Modernization of technical equipment of production.
- Use of personal and collective protective equipment.
Occupational safety and health services are working towards continually reducing levels harmful effects various factors.
Any incident may result in an unscheduled special assessment. And in some cases, it may be initiated by inspection authorities, suspecting that the results do not correspond to the truth. Whatever the reason for the new certifications, their results must be reflected in the employment contract.
Improvement or worsening
Employers strive to improve existing working conditions, but in practice this does not always work out. But any change in one direction or another must be specified in the contract.
Sometimes it happens that when hiring a person, the conditions are not specified in the contract due to the lack of an assessment. In practice, this is legally permitted for those places that were primarily introduced for work. The employer has 12 months to certify this position. Whatever the results obtained, the employee must be familiar with them.
The Labor Code establishes that, although improvement is prescribed in the contract, it does not require the use of additional measures, but deterioration will enable the employee to demand a transfer to another place of work. The employer is obliged to offer him a choice - to remain in his previous position and receive the benefits he is entitled to by law, or to move to another one so as not to harm his health.
Amendments to the contract
Changes to a previously drawn up employment contract are made by drawing up an additional agreement. The additional agreement is prepared in two versions; one copy will be kept by the employee and the other by the employer.
The amended clauses are included in the agreement in the form in which they will continue to apply. The hired person must be familiar with the document upon signature.
In addition to signing, the employee must express his consent with the phrase “I have read the changes and do not object.” He also has the right to object in writing or by refusing to endorse the agreement. But refusing to sign does not always lead to pleasant changes. If the deterioration in labor was justified, and there are no vacancies for transfer to another position, then the employment relationship may be interrupted.
Properly drawn up labor documentation allows you to avoid conflict situations and lawsuits.
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