Stamping on an employment contract: mandatory or not?

Basic Concepts

An employment contract is a type of agreement provided for by the Labor Code (hereinafter also referred to as the Code) between an employee and an employer on key points of the work process. The document establishes the rights and obligations of the parties, determines the result obtained by the organization, and the payment due to the specialist hired.

It is important to know! Citizens acquire legal capacity to enter into contractual relations with employers from the age of 16 years. The contract is in a free form, which specifies mandatory and additional conditions.

The agreements of the parties are sealed with the signatures of the general director (other authorized employee) and the employee. The seal on the employment contract is used to certify the signature of the official. As a rule, this is the stamp of the organization, but a number of companies have a separate stamp for personnel documents.

The basis of legislation on the conclusion of written employment agreements is laid down in Chapter III of the Code. Explanations on certain issues relating to the relationship between employees and employers are contained in letters from federal executive authorities authorized in the relevant area (Ministry of Labor and Rostrud of Russia).

When labor disputes arise, judges are guided by previously adopted decisions of colleagues in similar cases, in order to maintain uniformity of law enforcement practice.

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Is there a stamp on notifications - questions and answers

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I want to draw the moderator’s attention to this message, because: A notification is being sent... Linas Russia, St. Petersburg #7 October 3, 2008, 16:54 this is already being sent as a legal document, since it is connected with a relationship with another state. I want to draw the moderator’s attention to this message is because: A notification is being sent...

Mandatory information in the employment contract

The contract must contain a reference to the place and date of its conclusion, as well as information that accurately identifies the parties. When applying for a job, a citizen represents:

• FULL NAME;
• passport details;
• TIN;
• pension insurance certificate number.

The hiring company provides the following details:

• exact name;
• TIN;
• number of the signatory’s power of attorney or a link to the relevant clause of the organization’s charter.

Attention! All of the above data is written at the beginning of the contract or on the last page, next to the signatures. If the employer is an individual, then his details are filled out in the same way as those required from the employee.

Article 57 of the Code also contains a number of mandatory and additional clauses that are included in the employment contract:

The parties have the right to stipulate other conditions not prohibited by law. At the same time, mandatory clauses must be fulfilled, even if they are not specified in the contract.

Information about the parties to the agreement and the documents on the basis of which they act

Information about these parties is a mandatory item. Here the full name of the employed employee, the name of the employing organization, the full name and position of the person signing the contract on his behalf are indicated.

If the employer is an individual entrepreneur, his status and full name are indicated; if an individual - full name. It is not necessary to indicate the employee’s passport details in the preamble of the contract if they are indicated in the section with the details of the parties. It is necessary to indicate information about the document on the basis of which the employer acts.

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If the employer is a company, such documents are:

• for the head of the organization - the charter;
• for another employee - a power of attorney (indicate its number, if any, date of issue, expiration date).

Signing employment contracts is a representation (Chapter 10 of the Civil Code of the Russian Federation). You cannot sign this type of document on the basis of an order to replace a manager or simply on the basis that his job responsibilities include such a function. A power of attorney is required.

For individual entrepreneurs and individuals, passport data and TIN are indicated.

Is a stamp required in an employment contract?

According to Article 67 of the Code, the parties must sign an agreement between the employee and the employer. The law does not contain any conditions stipulating that employment contracts must be stamped. The organization's stamp is usually required on financial documents, powers of attorney and commercial contracts concluded on the basis of the Civil Code. This is a form of protection against tampering.

In the case under consideration, the seal is capable of confirming the official’s signature, however, there is no practical need for this, since falsifying the contract actually makes no sense. In addition to signing the contract, hiring and subsequent professional activities are accompanied by the execution of the following documents:

• appointment order;
• making an entry in the work book;
• marks on the report card;
• financial reporting forms.

For this reason, a falsified contract in itself will not prove the existence of an employment relationship. Therefore, the question of whether a seal is needed in an employment contract is individual and depends solely on the rules of a particular organization.

Is there a stamp on notifications?

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Letters of guarantee (for work, services, etc.)15. Orders (budgetary; banking; pension; payment (consolidated, to the bank, for receiving foreign currency from accounts; transfer of currency; for imports, etc.)16. Regulations on organizations17. Registers (checks; budget orders submitted to the bank)18 .

Cost estimates (for the maintenance of the management staff; for calculations for the contract, etc.)19. Agreements20. Certificates (limit; on payment of insurance amounts; use of budget allocations for salaries; on accrued and due wages, etc.)21. Specifications (products, products, etc.)22. title lists23. Certificates24. Charters of organizations25.

Is an employment contract valid without a stamp?

The absence of a stamp on a contract does not cancel its legal force and does not have legal consequences. The Code recognizes the existence of an employment relationship even without a written agreement. Thus, according to Article 67, the fact of admission to work in parallel indicates the beginning of the contract between the employee and the employer. Therefore, it is necessary to pay attention to whether a stamp is affixed to an employment contract only from the point of view of compliance with formal procedures, for example, if the presence of a stamp on personnel papers is directly provided for by the company’s governing documents.

From the point of view of the law, it is not necessary to check whether the seal is affixed to the employment contract. When applying for a job, it is better to pay attention to the text of the document itself: read the essential and additional conditions, check the details of the employer. Because compliance with labor rights is guaranteed by a contract, not a seal.

Legal assistance to entrepreneurs

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Is it necessary to put a stamp on the contract?

Is it necessary to have a seal at all?

To begin with, you and your transaction partner are not required to have a seal at all. For individual entrepreneurs, printing has never been a mandatory element of business registration. For limited liability companies and joint stock companies, its presence has ceased to be mandatory since April 2020 (at that time, corresponding changes were made to the Federal Laws “On Limited Liability Companies” and “On Joint Stock Companies”). However, in a number of cases, the sealing of documents is provided for by law or other regulatory act (for example, a power of attorney for a court issued on behalf of an organization must be stamped, the unified forms of some documents require a seal, etc.), and its absence can create difficulties . Therefore, we still recommend our clients to have a seal. Yes, and more solid again)

The meaning of the seal on the contract.

Even if your partner has a seal, but it is not on the agreement, what is of paramount importance is not the presence of the seal, but who signed the agreement. If an agreement is signed by an authorized person (a director or a person holding a power of attorney, see more details here), then such an agreement has legal force even in the absence of a seal. If the contract bears the signature of an unauthorized person, then the presence of a seal on it will become only one of the pieces of evidence that may allow the fact of the conclusion of the contract to be defended in court.

Separately, you need to pay attention to the situation when the contract has the abbreviation “M.P.”, but there is no seal. In accordance with Art. 160 of the Civil Code of the Russian Federation, the law, other legal acts and agreement of the parties may establish additional requirements that the form of the transaction must comply with (execution on a certain form, sealed, etc.), and provide for the consequences of non-compliance with these requirements. If such consequences are not provided for, the consequences of failure to comply with the simple written form of the transaction apply. If the contract bears “M.P.”, then it is considered that the sealing of the contract is provided for by agreement of the parties. The absence of a seal under such circumstances is regarded as non-compliance with the simple written form of the transaction. This means that in the event of a dispute, it will not be possible to rely on witness testimony to prove the conclusion of the transaction. However, the humor is that the contract itself, although not sealed, is written proof of the transaction, i.e. it will still be valid.

Material prepared by Tatyana Skvortsova

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Printing on the invoice does not interfere with deductions

If the invoice is not stamped, will it be possible to get a deduction? Even if a businessman, out of habit, stamped the invoice, the fate of the tax deduction will not change. First of all, you need to pay attention to the completeness and correctness of the required details, i.e.

otherwise problems with deductions cannot be avoided. For example, shortcomings and errors in the name, TIN of the buyer or seller (letter of the Ministry of Finance of the Russian Federation dated 05/02/2012 No. 03-07-11/130), incorrectly specified name of the product (letter of the Ministry of Finance of the Russian Federation dated 08/14/2015 No. 03-03-06/ 1/47252), distorted tax amount or tax rate (letter of the Federal Tax Service of Russia dated 04/11/2012 No. ED-4-3/), the use of a facsimile signature (letter of the Ministry of Finance dated 08/27/2015 No. 03-07-09/49478) - all this may pose a threat to deduction.

Let's figure out whether the invoice is stamped?

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In addition to these changes, the phrase “without a seal is not valid” was also removed from the document. Since the sign "M.P." was not completely removed from the account, some regional tax authorities did not recognize such a document as valid and refused to calculate deductions.

This caused a lot of controversy, as well as a lot of dissatisfaction on the part of the owners of such documents. Important! "M.P." was finally removed from invoices, and the presence of the seal itself henceforth became completely optional.

Is there a stamp on the notification?

Acts (acceptance of completed construction facilities, equipment, work performed; write-offs, examinations, etc.)2. Archival copies3. Archival references4. Powers of attorney (for receiving inventory, conducting business in arbitration, etc.)5. Agreements (on financial liability, suppliers, contractors, scientific and technical cooperation, rental of premises; on work performance, etc.)6. Tasks (for the design of facilities, technical structures, capital construction, technical, etc.)7. Conclusions and reviews8.