How to correctly fill out a car purchase and sale agreement

• February 4, 2020
• Legislation
• Natalia Kalinichenko

Despite the abundance of information on how to correctly draw up an employment contract, inspections by regulatory authorities still reveal many errors and inaccuracies. On average, changes are made to approximately 80 thousand contracts at the initiative of representatives of the labor inspectorate throughout the year. And about 30 thousand are recognized as incorrectly registered. Therefore, we will introduce the reader to a sample employment contract filled out in accordance with regulatory requirements.

The essence of the agreement

An employment contract is a document regulating the individual relationship between an employer and an employee. The Labor Code obliges the employer to provide the employee with everything necessary for the latter to carry out his work duties and to pay for the work done. The employee, in turn, is obliged to fulfill the tasks assigned to him and comply with the internal labor regulations. By the way, the last duty of the employee is key and allows us to distinguish an employment contract from a civil law transaction.

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The meaning of an employment contract

An employment contract is an agreement between an employer and an employee that protects both parties

The Russian Constitution guarantees that every citizen has the right to choose the type of his activity. When entering work, a person must be sure that the conditions will not contradict safety regulations. In addition, you need to be sure that he will be paid for quality work in accordance with preliminary agreements.

The document in which these standards are recorded is an employment agreement with the employer. This contract is the basic legal document that defines the relationship between the parties. After an employment contract (EA) is signed with an employee, a relationship arises between him and the employer.

This document has two functions:

• regulatory;
• protective.

On the one hand, it establishes standards that both the employee and the employer must adhere to. On the other hand, it protects the rights of the employee.

Essential conditions

An employment contract (a completed sample is provided at the end of the paragraph) must necessarily contain the following information:

• the date on which the employee begins to perform his official duties;
• employee personal data;
• information about the employer that allows him to be identified from other enterprises;
• place of work, including division, department, branch address, etc.;
• the name of the position, which must be indicated in full accordance with the staffing table of the enterprise;
• rights and obligations of both parties;
• characteristic features of working conditions;
• wage conditions, including compensation for difficult and/or harmful working conditions, allowances, bonuses, and so on;
• rest mode;
• conditions and types of social insurance provided for a specific position.

The contract may also cover other points: conditions for completing the probationary period, additional benefits and compensation for the employee, members of his family, the regime for maintaining trade secrets and other conditions. The main thing is that additional conditions do not worsen the employee’s situation.

If the employment contract (the completed sample can be studied further) does not contain any rights or obligations of the parties, then this is not a reason to believe that the parties refuse to fulfill them and comply with them within the framework of current labor legislation.

Sections

The employment contract contains the main provisions and nuances that are discussed when the applicant is hired.

A clear definition of this document is given in Art. 56 Labor Code of the Russian Federation.

Requirements for information that must be necessarily contained in the contract are given in Art. 57 Labor Code of the Russian Federation.

Labor Code of the Russian Federation

But the contract itself. for ease of perception, it should be divided into sections, although this condition is not mandatory.

An employment contract may consist of the following sections:

• item;
• validity;
• rights and obligations of the parties;
• the applicant’s working hours, as well as his rest time;
• remuneration of a specific employee;
• guarantees and compensation provided to him by the employer;
• the presence or absence of a probationary period;
• social package;
• liability of the parties;
• conditions under which the contract terminates;
• final provisions;
• details of both parties.

Details of the parties

Article 57 of the Labor Code covers information that must be present in the text of the agreement. The document must contain the last name, first name and patronymic of the employee being hired, information about the document that confirms his identity. You should also enter an identification number.

If an agreement is signed with an individual entrepreneur, then instead of the name of the enterprise, the surname and decrypted first and patronymic of the entrepreneur are indicated, and his TIN is indicated. If a legal entity acts as an employer, then the organizational and legal form of the enterprise and identification number must be specified. If an agreement is signed on behalf of an enterprise by the director of a branch or another authorized representative, then the preamble must contain a reference to a document giving the right to conclude an agreement, for example, a power of attorney or a regulation on a structural unit.

It is not allowed to fill out an employment contract and register an employee without submitting identification documents or using copies thereof. You cannot enter into an agreement if the validity period of the document has already expired. This rule applies to all documents requested by the employer. However, the absence of a pension certificate or work book cannot be a reason for refusal of employment.

Standard employment contract (sample 2020) - completed, how to fill out, example

An employment contract is a document that confirms the existence of a relationship between an employee and an employer as between subjects of labor law.

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This document is mandatory for all categories of employees and employers. Carrying out labor activities without such an agreement is prohibited by the Labor Code of the Russian Federation.

Date of contract and entry into office

How to fill out an employment contract and not get confused with dates? The contract may contain three completely different dates: the day the transaction was concluded, the start of work, and the entry into force of the contract itself. They may not match. In fact, the contract can be signed earlier, that is, the parties pre-agreed on the terms of cooperation, and the employee begins to perform the work in a day or week. This condition must be clearly stated in the text of the contract, which is confirmed by the terms of Article 57 of the Labor Code.

In fact, the date of conclusion of the contract is just a legal fact that the parties have agreed on all the terms of the transaction. Typically this date coincides with the entry into force of the contract. If the last date is not separately specified, the agreement comes into force from the moment of its conclusion.

The legislation also provides for other deadlines. For example, for managers of unitary enterprises, the term of concluding an employment contract is determined by the moment of approval of him in office by federal or territorial executive authorities.

If the employee starts work without a signed contract, the parties must sign it within 3 days. In cases where the contract does not establish a deadline for starting work, he is obliged to begin performing his duties the next day after signing the contract.

In situations where the employee does not start work within the stipulated period, the contract is considered cancelled.

How to draw up a car purchase and sale agreement yourself: sample filling

Existing legislation does not oblige the parties to a vehicle purchase and sale agreement (SPA) to draw up an agreement with a notary or register the document.

A simple written form and the signature of both parties is sufficient - the agreement will be binding.

Before drawing up a car purchase and sale agreement, it is advisable to familiarize yourself with the sample filling out, and also download the car purchase and sale agreement 2020 (form for individuals). You can view and obtain the form below.

Current sample of a car purchase and sale agreement (2017 - 2018)

When drawing up a policy yourself, it is recommended to adhere to the following basic principles:

• information regarding the parties and the subject of the agreement is recorded as accurately as possible so that there is no possibility of discrepancies;
• empty lines and columns are crossed out to avoid entering incorrect data by another person involved after signing the agreement;
• the information should be located from the very beginning of the line; at the end of the handwritten text, the period is crossed out.

The DCP must have three copies - one is provided to the MREO, the other two remain with the parties to the agreement.

Before drawing up a contract for the sale and purchase of a car between individuals, you should prepare personal documents of the parties to the transaction, PTS and STS for the car.

Place of work

An employment contract (a completed sample is provided at the end of the paragraph) must necessarily contain information about where the place of work is located. Such information must be entered into the contract in full accordance with the name of the subject of the Russian Federation: locality, house number.

It is very important that this point is clearly reflected in the text, since if the organization changes its location, then for the employee this will be a significant change, naturally, if the change of address does not occur within the same locality.

If the contract only specifies the name of the locality, it is understood that the employee can be transferred from one unit to another. Most often, this situation arises if an enterprise has several chain stores within one city, then an employee can be transferred from one store to another.

If the work can be characterized as traveling, then this fact should be clearly stated in the contract. Such professions include: drivers, couriers, delivery men, taxi drivers and others. If a freelancer is hired, the contract may indicate the home address as the place of performance of work duties.

Labor functions

The Labor Code classifies the employee’s labor functions as essential terms of the employment contract (an example of a completed document is given below). However, it is not always possible to include all obligations directly in the text of the contract. In such cases, one should rely on Article 57 of the Labor Code, which provides the following: the absence of any duties that are not expressly stated in the contract, but provided for by law and local regulations, is not a reason for refusing to fulfill them by the employee.

There are three options for displaying job responsibilities in a contract:

• specify only the type of work assigned, for example, a specialist in promoting a new product on the market;
• write down all job responsibilities in full;
• indicate a link to the specialist’s job description, which must be approved by the enterprise.

The difference between an employment contract and a civil law one

A civil contract is regulated by the Civil Code

When signing the document in question, it is important to understand its difference from a civil agreement. They have the following differences:

1. In a contract (GPA), based on the provisions of the Civil Code, the subject is the result of the work done. In labor relations, it is important to establish rules that must be followed by the parties throughout the entire time an employee works at a given enterprise.
2. When executing the GPA, it is not significant who exactly will complete the task. This can be either the person who signed the document or anyone else to whom this work was entrusted. This is not possible in TD. It applies to the employee who signed it and cannot delegate his rights and obligations to third parties.
3. According to TD, a person is required to comply with certain rules of discipline and obey the requirements of internal regulations. In the GPA, the rules for the work activity of the performer do not matter. What is important here is the subject of the agreement—the result that was obtained.
4. TD and GPA treat the responsibilities of employers differently. An employer has important responsibilities under labor law provisions. The party to a civil contract who wants to obtain the desired result is not responsible for organizing the work process of the contractor.

Therefore, when performing certain work, it is important to draw up a legally competent document defining the rights and obligations of the parties.

Salary

How to fill out an employment contract correctly and specify the terms of payment? The contract must necessarily contain the amount of the official salary or a reference to the staffing table.

The deadlines for payment of wages must be specified. This requirement is enshrined in Article 136 of the Labor Code and in the explanation of Rostrud of 2014. According to these regulations, the dates for payment of labor must be specified not only in the contract, but also in the internal regulations and in the collective agreement.

It is recommended to specify the amount of each payment, even in the form of interest. For example, until the 5th day, wages for the past period are paid in the amount of 80%, and until the 25th day of the current month, an advance payment is made in the amount of 20% of the established salary. Although these rules can be written down in the local documents of the enterprise.

How to fill out an employment contract and is it necessary to indicate the method of payment? Without fail, if the local documents of the enterprise do not specify the method by which payment for labor is carried out, this must be specified in the contract. There are two options: through the company’s cash desk or through a credit institution, to the employee’s card account.

General drafting rules

The requirements for drawing up an employment contract are specified in the articles of the Labor Code of the Russian Federation - they must be adhered to without fail.

There are mandatory and additional conditions of this document:

• - these are conditions, the absence of which makes the contract invalid.
• included at the discretion of the employer.

Mandatory conditions include:

• - is mandatory only if the applicant gets a job in a separate division or branch located in another area;
• the date from which the employee begins to perform his duties;
• job responsibilities in accordance with the position held - they do not need to be described in detail, you can make a link to the job description;
• is mandatory if it is ;
• terms of remuneration;
• the nature of the future work - for example, traveling;
• the employee’s working time and rest time;
• compulsory social insurance.

The remaining information is entered at the discretion of the employer.

For example, the presence or absence of tests when hiring - if this item is not specified, then the employee is hired without a probationary period.

Each section of the employment contract must contain specific information:

• Item. There is no definition of it either in the Labor Code of the Russian Federation or in any other regulatory act. Here it is necessary to indicate that this is the employee performing his labor function.
• Validity. This clause is only necessary when a fixed-term contract is concluded. The conditions for urgency are given in Art. 59 Labor Code of the Russian Federation.
• Rights and responsibilities - what the employee and the employer are obliged to do, and what rights they have in relation to each other.
• The employee's working time and rest time. This paragraph is included in the document if the employee cannot or should not work under general conditions. For example, employees under 18 years of age.
• Remuneration - a specific figure must be indicated here. Making reference to the staffing table is a violation.
• Guarantees and compensations - this section is mandatory in cases where the employee is entitled to them for hard or harmful work.
• Trial. Whether to install it or not is the employer's decision. If an employee is hired on a probationary period, this must be indicated. If this clause is not present, then the employee is hired without testing.
• Compulsory social insurance. This includes information about social, medical and pension insurance mandatory for the parties.
• Responsibility of both parties for violations of the terms and norms of the contract - here you can discuss penalties and their amount, or situations when one of the parties may go to court.
• Conditions when the contract terminates. For example, upon expiration of the term (for a fixed-term contract) or upon completion of a series of works.
• Final provisions. It talks about ways to resolve conflict situations.
• Details are the addresses of both parties, details of their documents, contact information, etc.

This is important to know: How to cancel a clause in an employment contract

Time for rest and work

In most cases, a single work schedule is provided for all employees of an enterprise. In such organizations, work and rest hours can be written down in a single local document, which is familiar to all employees.

If a specific work schedule is provided for a certain position, then this should be reflected in the employment contract (a completed sample form can be seen below). For example, these are part-time workers for whom an individual schedule is established. This could be an irregular work schedule, or starting at 8 in the morning, and not at 9, like all other employees, and so on.

Conditions of education

Despite the fact that a completed sample employment contract with an employee with a training provision is rarely found, some companies still provide training, and even at their own expense.

It is acceptable that an employee who has completed training must undertake to work a certain amount of time if the employer has paid for it. If such a condition is not stipulated in the contract, then the employer risks that in the future the employee will leave for competitors without working and without paying for training.

Another important point is that such a condition can be specified in the contract only on the condition that the employee undergoes training before taking up the position. If the training is just planned, then you will have to enter into an additional agreement with the employee, which specifies the conditions for completing the training, that is, in fact, re-negotiate all the nuances regarding advanced training at the expense of the employer.

Contract term

How to fill out an employment contract (a completed sample is attached), is it necessary to indicate the validity period? In fact, the employment relationship may be indefinite, but it is in the employer’s interests to prescribe a period. However, a fixed-term employment contract can be concluded in two cases: by agreement of the parties or depending on the nature of the work. The latter circumstance includes situations in which an employee is hired during the absence of another employee, for example, if a position is vacant due to the employee going on maternity leave. Fixed-term contracts are concluded in cases where the employee will perform temporary or seasonal work for a period of up to 2 months. Such contracts are signed in cases where workers are recruited to implement a specific project, and in a number of other cases.

The maximum term of a temporary contract cannot exceed 5 years.

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Material liability

If the Labor Code provides for financial liability for certain positions, then information about this must be included in the employment contract (filled out sample at the end of the paragraph). This category includes deputy managers of the enterprise and chief accountants. There is no need to conclude a separate agreement on financial liability with them.

If the employee’s position is included in the list approved by Decree of the Ministry of Labor of the Russian Federation No. 85, then in order to hold him financially liable there must be a signed corresponding agreement on financial liability in addition to the TD. If such an employee is only prescribed the conditions of financial responsibility in the employment contract, then in fact it will be impossible to involve him in it.

The employer should also correctly determine the titles of positions at the time of drawing up the staffing table, so that at the time of hiring an employee it does not turn out that because of the title of the position he cannot be held financially liable, although in fact he will be responsible for valuables, money, etc. Further.

What documents should a new employee present when applying for a job?

When applying for a job, a person must present certain documents to the HR employee. Here is their list:

• passport or other identification document. For example, a birth certificate for persons under 14 years of age, a foreign passport for Russian citizens permanently residing outside its territory
• work book (except for part-time workers and those entering work for the first time)
• insurance certificate of state pension insurance (except for those entering work for the first time)
• military registration documents. For those liable for military service in the reserve - a military ID or a temporary certificate issued in place of a military ID, and for conscripts - a certificate of a citizen subject to conscription for military service (clause 18 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719)
• document on education, qualifications or special knowledge (if the job requires special knowledge or special training)
• certificate of presence (absence) of a criminal record or criminal prosecution (if the work is related to activities to which persons who have or have had a criminal record are not allowed, for example, teaching activities) (Article 331 of the Labor Code of the Russian Federation)

This is stated in Article 65 of the Labor Code of the Russian Federation.

Documents that are not on this list can be requested only in cases provided for by law. For example, if a company hires an employee to work in harmful or dangerous working conditions, he must submit an appropriate conclusion based on the results of a preliminary medical examination, signed by a doctor and certified by the seal of a medical institution (Article 213 of the Labor Code of the Russian Federation).

In practice, the question often arises: is it possible to hire a Russian citizen who does not have registration at the place of residence and a certificate of assignment of a TIN? Yes, it is possible. Lack of residence registration is not an obstacle to hiring an employee. Moreover, it is prohibited to refuse an applicant on this basis (Part 2 of Article 64 of the Labor Code of the Russian Federation). This point of view is confirmed in paragraph 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

The certificate of assignment of an individual tax number (TIN) is not mentioned in Article 65 of the Labor Code of the Russian Federation as a document required when hiring. Therefore, as a general rule, there is no need to demand it from the employee. However, in some cases, the presentation of the TIN by an employee is a mandatory condition for his employment. For example, such a requirement applies to concluding a service contract with a civil servant (Article 28 of the Labor Code of the Russian Federation, clause 6, part 2, article 26 of the law of July 27, 2004 No. 79-FZ).

This is important to know: Minutes of the labor collective meeting on the collective agreement

Another important question: is it possible to refuse to hire a citizen who does not have a pension insurance certificate?

No you can not. When applying for a job, a citizen must present a pension insurance certificate (paragraph 4, part 1, article 65 of the Labor Code of the Russian Federation). However, there may not be a certificate if a citizen goes to work for the first time or if he has lost this document.

In the first case, the company is obliged to independently issue a pension insurance certificate for a new employee.

In the second case, the citizen had to independently apply for the restoration of the certificate due to its loss to the branch of the Pension Fund of the Russian Federation at the place of residence. Within a month from the date of filing such an application, he must receive a duplicate of the insurance certificate of the insured person. This procedure for restoring the insurance pension certificate is specified in paragraphs 5, 6 of Article 7 of Law No. 27-FZ dated April 1, 1996 and paragraph 22 of the Instruction approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p.

If a citizen has not applied to the Pension Fund office with the specified application, the organization can hire him and independently issue him a duplicate of the lost certificate (Clause 5, Article 7 of Law No. 27-FZ of April 1, 1996).

Documents submitted by a newly hired person must be copied and stored, for example, in the employee’s personal file. There may also be a work book, an employment contract, an order for employment and all subsequent orders relating to the employee.

Probation

When drawing up an employment contract with an employee (a completed sample is attached), it is very important to clearly state the conditions for completing the probationary period. After all, the probationary period increases the list of grounds for dismissal.

The probationary period itself cannot exceed 3 months, and for management personnel - 6 months. It is not allowed to set a probationary period for pregnant women, minors, persons who got a job after passing a competition and as a result of elections, when concluding a fixed-term contract (up to 2 months).

If already during the probationary period it became clear that the employee is not suitable, then the completed contract must contain not only the condition for establishing it, but also its period. Each fact of failure to fulfill official duties or violation of labor discipline must be confirmed in writing. These could be acts of lateness or absenteeism, reports from the manager.

The employee must be notified in writing of the upcoming dismissal during the probationary period 3 days in advance. The notice must indicate the reasons for dismissal from office. On the day of dismissal, all payroll calculations must be completed with the employee and a work book must be issued.

If an employee has successfully completed the probationary period, then this fact does not need to be recorded with any other documents, he simply continues to work.

Employees hired on a probationary period have the right to dismissal during this period on the general grounds provided for by labor legislation: at their own request, by agreement of the parties, and so on. An employee must notify the enterprise administration of his desire to resign three days before this date.

How to fill out an employment contract correctly? The sample will help with this. It must directly follow from the text of the contract that the employee has given his consent to undergo a probationary period. This period cannot exceed the maximum permitted by labor legislation. And if the employer wishes to extend it, then this can only be done in agreement with the employee, at his own peril and risk, since the Labor Code does not provide for such situations.

How to fill it out correctly?

In order for the labor document to be valid, it is necessary to include in it all the mandatory conditions provided for in Art. 57 Labor Code of the Russian Federation.

The details of all documents are transferred exactly as they are in the original.

The contract must consider all controversial situations that may arise during the cooperation of the parties.

Everything that is not specified will be decided in court or the labor inspectorate in accordance with the norms of the Labor Code of the Russian Federation.

The agreement can be drawn up and filled out on a computer, or it can be done by hand.

The legislator is not obliged to draw up a typewritten agreement.

There is no need to have an employment contract certified by a notary, but sometimes it needs to be agreed upon with government or executive authorities.

How to draw up an employment contract for remote work? Find out from our article. Is it possible to terminate a fixed-term employment contract with a pregnant woman? Read here.

How is an extract from an employment contract drawn up? You can find a sample of filling out the document here.

Working conditions

Most often, a detailed description of working conditions in a completed employment contract can be found when the workplace has undergone a special assessment or certification.

Depending on the class or subclass of harmful working conditions, the employee is entitled to an additional salary, and this is an essential condition. For example, if 4 or 3.4 is installed, 3.3. class, then in addition to the bonus, the employee must work on a reduced workweek - 36 hours.