relationship between the future employee and the employer are governed by the labor laws.
concept and content of the employment contract specifies 57 TC article.The very fact that such an agreement means that both for the employees and the employer is required to guarantee and observance of human rights as prescribed by law.The conditions stipulate that the parties and the content of the employment contract are divided into mandatory and optional performance.
It is clear that the first listed in any agreement.But additional conditions may not be in the contract.But if they are, it must also be strictly adhered to.The parties that make up the content of the employment contract can be free to choose requirements.There is only one limitation: the stated conditions should not be less than the rights guaranteed by the labor laws.
Article 57 LC lists the following mandatory requirements that constitute the content of the employment contract:
- specify the name of the organization, which accepted the employee future - an indication of the exact date of the first day of work.In case of an employment contract of urgency necessary to also mention the deadline cooperation and circumstances that caused it to enter into this type of agreement;
- an indication of the functions that are entrusted to the employee (office, profession of education, profession, level of qualification);
- indication of the type of compensation and benefits, employee entitlement for special working conditions (hazardous, heavy or dangerous);
- clarification of the conditions of salary and additional benefits (bonuses or allowances, incentives).Their size depends on the position occupied by the new employee, his profession, occupation, job performance indicators - the quality and quantity;
- clarification of the time allotted to work and to rest if they do not coincide with the schedule, common to the whole team.This means that the content of the employment contract must include such details as the length of the working day, its valuation, flexible schedule, shift system, the existence of additional, besides the basic and compulsory, leave;
- clarification of the nature of work, if necessary (for example, work on the road); - the inclusion of compulsory social conditions.employee insurance.
As already mentioned, the contents of the employment contract, except for the mandatory conditions, and may include the following additional:
- probation before the final hiring.This condition is becoming more common.Thus, the head tends to insure themselves against the decision to the state of frames that do not comply with their requirements;
- if an employee in connection with the execution of the post became known official, commercial or state secrets, which is protected by law, it undertakes not to divulge it.The employer must before entering into an agreement with such a condition, taken from the prospective employee a receipt that he informed that he will have to deal with classified information, and is responsible for its disclosure to unauthorized persons;
- employee in the organization of work prescribed certain period of time, if he was sent for training by the organization for its account;
- improvement of living conditions and the worker and his family members, additional, voluntary, except compulsory insurance (pension and medical) clearance permits, etc..).
conditions, which are included in the employment contract can be changed, but only by mutual decision on the part of the employer, and on the part of its employees.They are recorded in writing, shall be attached to the main contract, and have the same legal force.
