Mandatory and additional terms of the employment contract

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The employment contract contains a number of specific conditions. What these conditions are and how they differ will be discussed in this article.

Employment contract: general characteristics

The employment contract establishes the main obligations, rights and elements of responsibility of the two parties: the employer and the employee. Thanks to the employment contract, the functions of both parties are strictly regulated, as a result of which no violations should occur on either side.

The presented document contains two groups of conditions: these are mandatory and additional conditions of the employment contract. Mandatory conditions must be written in accordance with all regulatory legal acts. In other words, they must comply with the rules. As is clear from the name of these conditions, they are inalienable and must be strictly observed by both parties. Additional terms of the employment contract can be fixed in a relatively free manner. The employer can either accept them or cut them. With an employee, everything is somewhat different: for example, placing additionalconditions are not allowed. The thing is that they can significantly worsen his professional position.

About the employer

The employer is one of the parties to the employment contract. This is a legal or natural person obliged to enter into a regulated professional relationship with employees. The subject in question has a number of responsibilities, among which the most basic can be called:

• ability to provide employment;
• the need to pay the employee in a quality and timely manner;
• duty to bear responsibility for acts or deeds referred to in the labor code;
• the ability to fix and regulate the mandatory and additional terms of the employment contract.

Employers - legal entities - are, as a rule, officially registered organizations. Employers - individuals are recognized as individual entrepreneurs (or persons who are not them), lawyers, notaries, and some other categories of citizens.

About employee

Article 20 of the Labor Code of the Russian Federation defines an employee as a person who has entered into certain legal relations with the employer (in this case, labor relations). To put it a little more simply, an employee is absolutely any person who is capable and ready to work.

Only persons who have reached the age of sixteen can be involved in labor relations (with some exceptions, also specified in the Labor Code of the Russian Federation). If a citizen who has reached the age of fifteen receives a basic general education, then he can work only according tolight speci alties that do not cause severe harm to his he alth. The same applies to persons over the age of fourteen. In his free time from studies and with the consent of the legal guardians or parents, this person can work in light labor speci alties. In all these cases, the mandatory and additional terms of the employment contract must be indicated.

Content of the contract

It is worth talking a little more about the content of the employment contract. What elements and points should be indicated there? How should conditions be distributed? All these questions are answered by special norms, in accordance with which documents are drawn up in various professional fields.

The content of the employment contract, in fact, contains the entire range of conditions and requirements that apply to the employee and on which the employer relies. At the beginning, of course, general information is indicated. This may include the last name, first name and patronymic of the worker, TIN, basic information about the documents confirming the identity of the worker, as well as the place and time of the conclusion of the contract. In addition, the document must contain information about the organization that concludes the contract with the employee. The following are all the necessary mandatory and additional terms of the employment contract.

Distinctive features of an employment contract

When drawing up an employment contract, many problems can often arise. So, due to insufficiently detailed disclosure of the main conditions or functions, or due to non-compliance with the normsthe contract may not be labor, but civil law. How to be in this situation? It is necessary to proceed, first of all, from the specifics of the duties of the working person. The speci alty, position, qualifications and other main points should be clearly defined.

An employee must have a specific job function, corresponding to the speci alty and inextricably linked with the work schedule. It is also worth noting that, unlike civil law documents, an employment contract is not the result of work, but the specific performance of a specific task. This also includes, among other things, the mandatory and additional terms of the employment contract.

The concept of labor function

The concept of labor function should be disclosed in more detail. How does the law define this concept? The Labor Code describes it as work in a certain speci alty in full accordance with the work schedule, qualification level or category, type of work received, etc.

The labor function is easily determined by special job descriptions, if any. It is also worth noting that the presented concept refers to a mandatory condition of an employment contract.

What other elements are included in the content of the employment contract? Additional conditions and mandatory, their specifics and characteristics will be given below.

First group of prerequisites

The different kinds of conditions that should be given in an employment contract, in facta lot of. Despite the fact that further we will discuss only the most basic of them, the total number of all elements should still be divided into several subchapters.

So, what conditions are considered mandatory in an employment contract? First, it is a place of work. It is indicated exactly where the employee works: in the main organization, in a branch, in any representative office, with an individual entrepreneur, etc. The employment contract must contain a clear definition of the location of the workplace. Secondly, it is a labor function. This is the most important element of the employment contract, which has already been discussed above. It is worth noting, however, that the labor function must comply with very many parameters and norms. There is a whole classification according to which the duties of the employee are determined, as well as his specific labor function.

Second group of mandatory conditions

In addition to the location of the workplace and the specific labor function of a citizen, the mandatory terms of an employment agreement also include the date the employment relationship began. This is a really important detail, which is associated with many equally important elements. This is the start of payroll, and the beginning of contributions to the Pension Fund, and the moment from which the accumulation of seniority begins or continues. All information about the date of conclusion of the employment contract must be clearly recorded in the documentation.

The next important condition is wages. Salary includes a lot of different criteria. Hereinclude the basic salary (or the size of the tariff rate), various kinds of surcharges, allowances, bonuses, vacation or dismissal. All these conditions must be mandatory fixed in the employment contract.

Third group of mandatory conditions

Before moving on to the question of what relates to additional conditions of an employment contract, it is necessary to completely complete the topic of mandatory conditions. What else needs to be highlighted in this case? The elements that must be mandatory spelled out in the document also include the regime of rest and working hours. This is the schedule of holidays and weekends, lunch breaks, information about working hours and days.

Compensation for difficult or hard work should also be stated in the document. Do not forget about the characteristics of individual working conditions. From this, by the way, follows another mandatory condition: a description of the nature of the work. We are talking about a special classification and the correlation of certain working moments with it (mobile type of work or not, with an emphasis on physical abilities or intellectual, etc.).

The last points that also belong to the group of mandatory conditions are an indication of the employee's social insurance, as well as certain norms provided for by law.

Additional terms

First of all, it is worth understanding what additional working conditions are in general. First, the right to enter orin any way to regulate them belongs only to the employer. Secondly, additional conditions should in no way interfere with the effective implementation of labor functions by the employee.

In themselves, additional conditions are some elements that allow you to "patch" an employment contract in case of incorrect execution or non-compliance with the norms. So, if due to a defect in form, the document can be invalidated, all the missing points are introduced into it. These are additional conditions. What additional conditions when concluding an employment contract can be taken into account by the employer? There are really many varieties of such conditions, but it is worth highlighting the most basic and most commonly used.

First group of additional conditions

As already mentioned, certain legal and regulatory elements may be missing from an employment contract.

We will consider later what additional terms of the employment contract may be. A typical sample is shown below.

In order for the contract not to be terminated at all, you need to pay attention to the presence of the following elements:

• clarification from the workplace (availability of all necessary information and characteristics from the workplace);
• clarification about the test (we are talking about competitions or interviews);
• data on non-disclosure of commercial, organizational, political or any other secret, as well as clarification on possible sanctions for its violation;
• data aboutdetentions.

The last point is a completely separate topic that deserves more detailed consideration. However, one simple example can be given. Thus, the employer is able to pay for the training of the worker. In this case, the employee is obliged to work, upon completion of the training, all those working hours that would cover the employer's expenses for training.

What other additional conditions provided for in the employment contract would be worth mentioning? This will be discussed further.

Second group of additional conditions

The employer is able, if necessary, to add the following additional conditions to the contract:

• information about the types, conditions and principles of supplementary insurance for an employee;
• additional conditions of the employment contract are also data on the improvement of the living and social conditions of the worker, as well as members of his family;
• various clarifications about the rights, duties, and elements of the employee's responsibility;
• data on the additional pension provision of the worker (from non-state resources).

Changing the additional terms of the employment contract is possible if the employer himself wants it. Unlike mandatory rules, additional conditions can be deleted, retained or otherwise modified.

What else is included in the employment contract?

By agreement of both parties that have concluded an employment contract, its terms can be changed or supplemented in every possible way. So, the employer himself can take on new responsibilities. It is worth remembering that anya change in the employment contract must be carefully agreed upon by all parties.

If some important elements were not included in the document (for example, the same mandatory conditions), then the contract is not terminated, but sent for revision. The failure to include any elements in the agreement will never be a reason for not implementing the main documented responsibilities. An additional agreement to the employment contract will be drawn up. The working conditions will be supplemented or modified, as a result of which the contract will again become valid.