How to check an employment contract. Check the employment contract: new free service of Rostrud

Today, on its official website, Rostrud announced the launch of a new Internet service that allows you to assess the compliance of an employment contract with the requirements of current legislation. This can be done either on one of two Rostrud portals - “Work in Russia” or “Onlineinspection.rf”.

Moreover, the functionality of this service varies somewhat depending on the portal on which it is located. Rostrud explained that on the portal “Work in Russia” you can check the draft employment contract offered by the employer (dogovor.trudvsem.ru). At the first stage, you need to answer the question in what form the employer proposes to conclude an employment contract. When choosing the “oral” option, a message about a violation of the requirement for a mandatory written form of the employment contract (Article 67 of the Labor Code of the Russian Federation) is immediately displayed. At further stages, the user is asked to select the employer category (organization, individual entrepreneur or individual) and answer a number of other questions. In particular, what information about the employer is indicated in the draft employment contract.

Does labor law provide for a maximum age for entering into an employment relationship? Find out from the material “Employee” in the “Home Legal Encyclopedia” of the online version of the GARANT system. Get full access for 3 days for free!

And employees who have already concluded a contract can use the “Check your employment contract!” service. on the portal “Onlineinspection.rf” and thus find out whether their labor rights are respected (onlineinspection.rf/precheck/148). In a special field, you must enter the conventional or real name of the organization, and then also answer the question about the form of the employment contract and a number of others. Rostrud explained that if inconsistencies are identified, the employee has the right to contact the state labor inspectorate through another portal service - “Report a problem.”

Let us remind you that the mandatory information that must be contained in an employment contract includes, in particular: place of work, job function, start date of work, payment conditions, working hours and rest periods, working conditions at the workplace and some others (Part. 2 Article 57 of the Labor Code of the Russian Federation).

An employment contract is concluded with an employee upon employment, and this agreement must clearly comply with the requirements of the Labor Code of the Russian Federation; the employee must not be infringed on his rights. As a rule, an employment agreement is drawn up by the employer and provided to the employee for review and signing.

Even more often, employees who apply for a job do not even read its terms and conditions, quickly skimming and signing. This is fundamentally wrong; you need to know your rights, guaranteed by the Labor Code of the Russian Federation and other legislative acts in the field of labor law. Not every employee has the proper set of knowledge, so Rostrud decided to make life easier for ordinary people and created a free service, thanks to which you can check online the correctness of the terms of the employment contract offered by the employer.

A program for checking an employment contract is presented on the website onlineinspektsiya.rf, where in the “Services” section you can find a new online service called “Check the employment contract.” By going to this service, you can check the correctness of the proposed employment agreement.

The service asks questions about the employment contract and offers answer options; the employee only needs to find the necessary information in the contract. At the end, the service will issue a verdict regarding the compliance of the terms of the contract with labor legislation.

It is better to check the employment agreement before signing it. The online service will help you find out what violations the employer committed in the contract that he did not indicate.

You can also check an already concluded employment contract for its correctness by also using this service.

Download sample contracts

Samples of employment contracts available for free download on our website:

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Errors and how to fix them

To identify shortcomings in documents, users will be asked to answer several questions. For example, the first question is: “In what form does the employer propose to conclude an employment contract?” There are two answer options, and if the user selects “orally”, the system will issue a message about a violation of the mandatory requirement of a mandatory written form of the employment contract provided for in article. In addition, the system will ask about the category of the employer (organization, individual entrepreneur or individual) and the information that he indicated about himself in the employment contract. Indeed, due to the requirements of the article, the employment contract must indicate:

name and details of the employer;
place of work;
employee's labor function;
work start date;
terms of remuneration;
working hours and rest hours;
working conditions in the workplace.

If the results of an online check reveal shortcomings in the employment contract, then the employer himself, of course, will have to promptly correct them, but Rostrud leaves the opportunity for employees to complain to the state labor inspectorate. To do this, they need to use another service of the portal - “Report a problem”.

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Not all employers consider it mandatory to have a contract checked by a lawyer In the article we will tell you why such a procedure is needed in relation to an employment contract and what exactly is established in the process of its implementation.

Employment contract

The specifics of drawing up an employment contract are set out in Section. 3 Labor Code of the Russian Federation. An employment contract is an agreement between an employer and an employee, according to which:

the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, to pay the employee wages on time and in full;
the employee undertakes to personally perform the labor function defined by this agreement and to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

Contents of the employment contract. Initially, regulatory authorities pay attention to the content of the employment contract. As defined in Art. 57 of the Labor Code of the Russian Federation, it must contain the following information:

surname, name, patronymic of the employee and the name of the employer who entered into the employment contract;
information about the employee’s identity documents;
taxpayer identification number;
information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
place and date of conclusion.

In addition to this information, according to this article, the employment contract must indicate the following conditions:

place of work, including in the case when an employee is hired to work in a separate structural unit of an organization located in another area - place of work indicating the separate structural unit and its location;
labor function (work by position in accordance with the staffing table, by profession and specialty, indicating qualifications; 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 there are 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 reference books approved in accordance with the procedure established by the Government of the Russian Federation;
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding such a contract in accordance with the Labor Code of the Russian Federation or other legislative acts;
terms of remuneration: tariff rate, salary (official salary) of the employee, additional payments, allowances and incentive payments;
working hours and rest hours. This condition is reflected separately if it differs from the general rules in force for a given employer;
hiring an employee for hard work or work with harmful or dangerous working conditions provides for the payment of compensation to him. In addition to the amount of compensation, the employment contract specifies the characteristics of working conditions in the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
a condition on compulsory social insurance of the employee in accordance with the Labor Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

Also, the contract may provide for other information that does not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts.

However, in practice, an employment contract is often drawn up in violation of the requirements of Art. 57 Labor Code of the Russian Federation. In this case, it is not invalidated; it should only be brought into the appropriate form, supplemented with the missing information. Moreover, if changes are made during the inspection, then this violation will not be reflected in the act.

Conditions that cannot be included in an employment contract

If the employee agrees, other conditions can be included in the employment contract, for example:

obligation not to disclose trade secrets;
a specific list of job responsibilities or a link to the job description;
probationary period condition.

Note that the general rights and obligations of the parties to an employment contract, enshrined in Articles 21 and 22 of the code, apply in any case, that is, it is not necessary to include them in the text of the document.

However, no condition included in the text of the document can worsen the employee’s position compared to what it should be by law. For example, it is impossible to provide for fewer vacation days, no breaks, penalties for being late, etc.

Such conditions cannot be recognized as valid, but they do not make the employment contract invalid as a whole. But you will have to pay fines for their inclusion.

Checking an employment contract is not a very complicated or expensive procedure. However, its implementation will help prevent many negative consequences for the employer.

“Budgetary healthcare institutions: accounting and taxation”, 2010, N 10

Inspection of labor relations by regulatory authorities is often included in the program of inspection of the financial and economic activities of budgetary institutions. Particular attention is paid to checking the legality of concluding employment contracts and service contracts. After all, they set salaries (official salaries) for employees in accordance with the positions they occupy, as well as the amount of incentive and compensation payments.

Labor relations can be subject to control both during audits of financial and economic activities, when the correctness of the calculation and payment of wages is mandatory checked, and during scheduled inspections by labor inspectorates.

Let us consider the main disagreements that arise between regulatory authorities and budgetary institutions regarding the conclusion of employment contracts (service contracts).

Why check an employment contract for compliance with the law?

To simplify HR work, many employers use ready-made employment contract templates. However, their quality often leaves much to be desired. In addition, out of ignorance (and sometimes intentionally), employers can supplement the templates with conditions that infringe on the rights of the employee.

Download the employment contract form

If the concluded contract does not meet the requirements of labor legislation, then the consequences are clear - sooner or later it will be revealed (for example, during an inspection by the labor inspectorate), and the employer will have to pay fines for each violation (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The maximum amount of such a fine is 100,000 rubles, and in case of repeated violation, the amount doubles.

It is also possible that an employee whose rights have been violated may go to court. Therefore, you should always check whether the text of the employment contract complies with the law. The algorithm for checking a contract by a lawyer boils down to establishing the following:

does the contract contain all required details;
does it contain all the conditions required for a given case;
whether it contains conditions that are contrary to the law.

Civil contract

When checking the formalization of labor relations, disputes may arise related to the distinction between employment and civil law contracts.

Several clarifying normative documents have been issued regarding the delimitation of these agreements. One of them is Letter of the Ministry of Finance of Russia dated September 16, 2005 N 02-14-10/2664. It determines that, in contrast to an employment contract under a contract for the provision of paid services, which is one of the types of civil law contracts, the contractor performs certain types of work or services stipulated by the contract (regardless of qualifications or specialty, as well as position) for another sides. The subject of such an agreement is the final result of the work. At the same time, persons working under civil contracts independently determine the methods and methods of fulfilling the order. The main condition is the final result of the work completed on time.

Let us present the distinctive features of these agreements.

Let's turn to judicial practice (Resolution of the Federal Antimonopoly Service of the Eastern Military District dated 01.02.2006 N A29-2550/2005A).

Based on the case materials, during an inspection by the territorial body of Rosfinnadzor at a federal state educational institution (hereinafter referred to as the institution), it was established that the institution, in order to carry out ongoing repair work on the premises, attracted individuals with whom it entered into contracts (employment agreements); payment for the work performed was made under articles 110100 “Payment” of the ECR and 110200 “Accruals on the wage fund (unified social tax), including tariffs for compulsory social insurance against industrial accidents and occupational diseases” of the ECR. According to the territorial body of Rosfinnadzor, due to the fact that the relationship between the institution and the workers hired to perform the work was essentially of a civil nature, payment for such work should have been made under subarticles 111030 “Payment for routine repairs of buildings and structures” of the EKR and 111040 “Other ongoing expenses" ECR (codes of articles (subarticles) are given in accordance with the budget classification of the Russian Federation applied during the period of work, approved by Federal Law of August 15, 1996 N 115-FZ).

According to the institution, contracts for repair work were fixed-term employment contracts, payment for which was reasonably made under sub-items for wages and charges for it.

Having considered the complaint, the Federal Antimonopoly Service of the Eastern Military District found no grounds for satisfying it.

According to the court, the Labor Code does not contain provisions that allow an employer, when concluding fixed-term employment contracts with an employee, not to indicate essential conditions.

The definition of a work contract is presented in paragraph 1 of Art. 702 of the Civil Code of the Russian Federation, according to which, under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer, and the latter - to accept the result of the work and pay for it.

Having examined the materials presented in the case comprehensively, fully and objectively, the court decided that the contracts concluded by the institution with individuals for the performance of specific repair and construction work (fence repair, cementing pillars, whitewashing the ceiling, putty, wallpapering walls, painting walls and windows, plumbing work, roof repairs, etc.) were of a civil nature and were work contracts, and not fixed-term employment contracts. Consequently, the funds actually paid for the implementation of repair and construction work under these contracts were not spent for their intended purpose.

Sep 10, 2019adminlawsexp