Before proceeding to the question - the types of employment contracts - must understand that he is an employment contract.
Under the labor contract meant the basic legal form by means of implementing the principle of freedom of work stipulated by the Constitution.As with the ability to work, citizens can ensure not only their material well-being, and spiritual development.
Freedom to work - it is every citizen's right to dispose of their work either on their own as an entrepreneur, or by entering into a contractual relationship
employer.
Such documents are required to be concluded between an employer and an employee in written form and in duplicate.In this case, an employer may be not only the organization (legal entity) and individual entrepreneurs (SP) or other individuals for their needs.
Types of employment contracts, depending on the period of validity: indefinite, ieconcluded for an indefinite period of time and fixed-term employment contract:
• concluded for a fixed period of time (up to 5 years);
• concluded for a specific time performance of certain works.
In practice, rarely concluded "contract of employment".The Russian legislation such thing as "employment agreement" is missing.The substitution of such agreements labor contract - a deliberate infringement of workers' rights.
dwell in more detail on what lies under the term - fixed term labor contract.
As a rule, the employment contract with the employee SP tries not to enter into a long term, if necessary, to quickly get rid of unwanted employees, which is a deliberate violation of the Labour Code.Therefore, the law can not be signed fixed-term employment contract without good reason.The prosecutor's office and state labor inspectors to pay special attention to the violation with the ensuing consequences.Such contracts are useful if you need to replace temporarily absent staff or the time required for a particular job, which has intermittent, such as seasonality.With that, at the end of the term of the contractual terms of the employee necessarily dismissed, and later can be hired again on a new treaty.
In order to avoid unintended consequences in the employment contract concluded for a fixed term, if possible, do not indicate the exact dates of his actions, and use the following wording: "at the time of disease ...", "before putting into operation object ..." "onvacation ... "and so on. d.
Urgent types of employment contracts concluded for an unlimited time, for example, before the signing of the Certificate of Completion require registration of the certificate of delivery and acceptance of works, which were carried out under such a contract worker.This act confirms the completion of the work and is the basis for the calculation of the payment for work performed.
All types of employment contracts require that written form.At the same time employment contracts with a legal entity and an employment contract with an employee is required to IP, in accordance with the Labour Code Art.57 should contain full details of each of the contracting parties and a number of essential conditions such as:
1) place of work;
2) the specific starting date;
3) specialty, office, profession;
4) obligations and rights as an employee and employer;
5) the terms and conditions of labor;
7) wages.
than those listed in the employment contract may well present other conditions, such as probation, of secrecy, the duty of working out a certain contract period after the training if the employer funded training, as well as other conditions.
The conditions can be made some changes, but only by agreement between the parties, but only in writing.
