Employee insurance is part of the state program to ensure an adequate standard of living in the event of illness, an accident at work or loss of a job due to reasons independent of their will (liquidation or reorganization of an enterprise, etc.).

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It acts as a guarantee for creating favorable, comfortable and safe working conditions in general.

What it is

Social insurance for employees is a set of guarantees regarding basic constitutional and labor human rights. It is also a type of compulsory state insurance. All operating entities without exception are subject to it.

Payments are made by the employer. Funds for compensation are formed without the participation of the employee and deductions from his income.

Social insurance of employees of the enterprise is one of the main obligations that the employer undertakes. Its implementation is controlled by the FSS, which has the right to apply sanctions against the offender.

The state ensures the protection of employees at the expense of the employer's monetary deductions. Non-payment of contributions by obligated entities does not deprive the right to receive benefits and compensations.

Social insurance of workers is part of the state policy, which ensures the redistribution of funds between different categories of subjects labor law. FSS funds can be spent only for their intended purpose.

Social insurance has a special subjective composition. In some cases, not only employees, but also members of their families are subject to it.

This emphasizes the socio-political status of this phenomenon, since through the norms of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), the state guarantees assistance to all members of the employee's family. We are talking about guarantees for a cell of society, as well as a way to implement basic constitutional human rights.

There are two main types social security employees:

• allowances;
• pensions.

FSS funds are also used for treatment, rehabilitation, nutrition and other activities provided for by this type of insurance. Social insurance for employees is a risk elimination system.

The main one is the lack material resources for the existence of the employee and his family in the event of conditions independent of them.

This is the risk of losing earnings, pensions, cash assistance for a certain moment or a lifetime. Social insurance guarantees the provision of workers in the event of such risks.

What are the conditions

Social insurance of employees is aimed at:

• ensuring social protection;
• decline occupational risk;
• compensation for harm received in the course of fulfilling obligations under an employment contract;
• implementation of a program to reduce accidents and occupational diseases at work (F3 No. 125).

Employee social insurance covers the following individuals:

• all those who work or worked under an employment contract with the insured (employer);
• a certain category of persons working under a civil law contract;
• individuals involved in labor by the insured in the event of their deprivation of liberty.

Physical and legal entities acting as employers must pass compulsory registration in the executive authorities and obtain a document confirming compliance with this procedure (FZ No. 125).

The main element of this type of compulsory insurance is the social insurance of employees against accidents and occupational diseases.

The right of the insured to material security in this case arises on the day of the occurrence of the insured event. Almost all types of income are subject to insurance premiums, with the exception of those specified in Federal Law No. 125.

Insurance rates are differentiated depending on the degree of professional risk. The insurer keeps records of accidents and occupational diseases and is required to submit reports.

Social insurance of workers acts as a guarantee for a number of payments:

• payment of benefits for temporary disability;
• payment of compensation in case of an accident at work and occupational disease;
• saving daily or monthly earnings in some cases;
• payment of travel expenses in case of retraining of an employee;
• reimbursement of expenses associated with the use of the employee's personal property ().

In the event of an accident or occupational disease, the person entitled to the benefit can enforce it at any time.

Most of the amounts under this type of insurance are one-time or monthly. For late payment of benefits and compensation to the employer, a fine is charged.

When calculating the amount of cash payments, the fault of the employee is always taken into account. Social insurance payments are stipulated by their employment contract.

They are formed on the basis of a medical report or other document confirming the loss of working capacity. The amount of compensation in case of accidents and occupational diseases depends on the degree of disability.

As described in the employment contract

The agreement is made in writing. The absence of certain provisions is not grounds for invalidating it.

Mandatory to be included in the text of the agreement are:

• guarantees and compensations for work in harmful or dangerous working conditions;
• mandatory condition social insurance worker.

Usually Section 4 of the agreement is called “Payment and social guarantees". It is in it that the official salary (the salary rate) is indicated, compensation payments, bonuses that the employee receives and the timing of the fulfillment of obligations by the employer.

This section must necessarily spell out the distribution of benefits, guarantees and compensation in accordance with applicable law.

The sixth part of the labor agreement is completely devoted to social insurance. The section includes information that the employee is subject to compulsory insurance in connection with labor activity.

The subsection is small, usually consisting of two paragraphs. The contract provides the right to additional insurance.

Medical workers insurance

There are two types of insurance for medical workers:

• life and health of employees;
• professional risks.

Doctors, nurses and other followers of Hippocrates, by virtue of their activities, constantly risk their own health, saving others. Their work can be regarded as having increased danger. The obligation to insure this case assigned to the country.

State insurance medical workers applied in the event that their activities are associated with a threat of harm to their own health.

The list of positions subject to compulsory insurance has been approved. The amount and procedure for insurance payments is determined by the authorities depending on the degree of damage and the level of professionalism of the personnel.

A striking example of an insured event here is the infection of an employee with AIDS or another disease that is destructive to the body. The amount of the payment will be set based on the fault of the employee and his prof. qualifications. Since the disease is currently incurable, compensation will be paid for life.

Medical malpractice risk insurance is nothing more than a guarantee of liability in case of its occurrence. Insure yourself against harm to patients during professional activity can be both the doctor himself and the medical institution.

There are no norms on compulsory insurance of the professional risk of doctors in the current legislation.

Usually state medical institutions do not insure their staff. And doctors themselves rarely exercise their rights in this sector.

As for private clinics, here the parties to the employment contract are personally interested in the presence of medical error insurance. This helps to raise the status of the clinic and its prestige among patients.

Social insurance of employees is primarily a guarantee of compliance by the employer with the norms of labor and constitutional law. This is a mandatory condition of any employment contract.

On its basis, each working subject can claim his right to monetary compensation in case of loss of working capacity for independent reasons, harm to his health.

The employer provides social insurance for the employee in accordance with these laws, regardless of whether such an obligation is included or not included in the employment contract. The types of social insurance are defined by the Federal Law "On the Fundamentals of Compulsory Social Insurance" dated July 16, 1999. No. 165-FZ. Article 7 of this law defines social insurance risks, in case of which social insurance is carried out. These include: 1) the need to obtain medical care; 2) loss by the insured person of earnings (payments, remuneration in favor of the insured person) or other income in connection with the occurrence of an insured event; 3) additional expenses of the insured person or members of his family in connection with the occurrence of an insured event.

Compulsory social insurance of an employee in an employment contract

Errors when specifying mandatory conditions and recommendations for correcting them. Most mistakes are made by employers in this part of the employment contract, so we will consider in detail how to correctly indicate in employment contract each of the prerequisites. 1. Place of work. Since the Labor Code of the Russian Federation does not disclose the content of the concept of "place of work" and does not indicate how to properly write in an employment contract this condition, then in practice, organizations either do not indicate the place of work at all, or indicate it incorrectly.

Recommendations on how to indicate the place of work in an employment contract can be found in the Review of the practice of court consideration of cases related to the implementation of labor activities by citizens in the regions of the Far North and equivalent areas, approved by the Presidium of the Supreme Court of the Russian Federation on February 26, 2014.

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Attention

The Labor Code is exhaustive, fines are not indicated in this article, therefore, the establishment of any type of fine in an employment contract is unlawful and may result in a fine for the employer from the inspection authorities;

• establishing a ban on part-time work. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude employment contracts on the performance of other regular paid work for another employer in his free time from his main job, and the company does not have the right to prohibit employees from entering into employment contracts in combination.

If there are additional conditions in employment contracts with your employees that are contrary to the law, then you must exclude them from the employment contract by concluding an additional agreement.

9 mistakes employers make when drafting an employment contract

Guarantees and compensations that are due to an employee for working in harmful and (or) dangerous working conditions depend on the class and subclass of hazard, namely:

• when class 3.1 is established, the employee is provided with a bonus to official salary in the amount of at least 4%;
• when class 3.2 is established, the employee is provided with the specified allowance plus additional leave at least 7 calendar days;
• when class 3.3, 3.4 or 4 is established, the employee is provided with an allowance, additional leave, and also set reduced working hours (no more than 36 hours per week) without reduction wages.

We also draw attention to the fact that employees who, as a result of special evaluation working conditions, harmful working conditions are established, the employer provides washing and (or) neutralizing agents free of charge (Article 212 and Article 221 of the Labor Code of the Russian Federation). In accordance with par.

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The employee is set a reduced working day with a norm of working time of 30 hours a week with a five-day working week with a daily working time of 6 hours. 3.2. Work starts at 8:00 am and ends at 3:00 pm. Break for rest and meals - from 12.00 to 13.00. 6. Guarantees and compensations for work with harmful and (or) dangerous working conditions This condition is obligatory for workers with harmful and (or) dangerous working conditions.

Important

The list of such employees is determined by law. However, if during the course of a special assessment of working conditions their presence is revealed at the workplace of the hired employee, then this clause should also be included in the employment contract with the employee.

Employee social insurance

Info

Consider the conditions that should be included in the employment contract. In accordance with Art. 57 of the Labor Code of the Russian Federation, an employment contract must include:

• Information to be included in the employment contract;
• Mandatory terms of the contract;
• Additional terms of the contract.

Information to be included in an employment contract includes:

• Surname, name and patronymic of the employee;
• The name of the employer;
• Details of the document proving the identity of the employee;
• TIN of the employer;
• Information about the representative of the employer (if the employer concludes the employment contract not personally, but through his representative);
• Date and place of conclusion of the contract.

Lack of the above information may be grounds for termination of the contract.

Mandatory terms of the contract The following conditions must be included in the employment contract: 1. Place of work.

Mandatory terms of an employment contract

Compulsory social insurance The legislation provides for several types of social insurance:

• Compulsory medical;
• Social in case of temporary disability and in connection with motherhood;
• Social protection from accidents at work and occupational diseases;
• Mandatory pension.

It is not necessary to list all types of employee insurance in the employment contract. It is enough to indicate the reference to the legislation. Example: "The employer guarantees the insurance of the employee in the system of compulsory social insurance in accordance with the norms of the Labor Code of the Russian Federation and other federal laws." Other conditions This clause indicates specific provisions for certain categories workers (for example, part-time workers).

This is due to the fact that they are indicated in the employment contract based on the results of a special assessment of jobs. If the organization did not conduct a special assessment, the employer cannot know the real working conditions and, as a result, cannot prescribe working conditions and guarantees, compensation in the employment contract.
Thus, first you need to conduct a special assessment of jobs, then you need to enter the results of the special assessment into the employment contract, indicating the working conditions at the workplace, and if the employee is found to have harmful and (or) dangerous working conditions, write down guarantees and compensations in the contract.

How to add a social insurance clause to an employment contract

ETKS, EKS) and professional standards. Example: For a position: "An employee is assigned to perform work as a design engineer." For the profession: "The worker is hired by locksmiths of the 3rd category." 3. Date of commencement of work. The date of commencement of work may differ from the date of conclusion of the employment contract.

If the date of commencement of work is not determined by the employment contract, then the employee must start work on the day following the day of signing the employment contract. Example: “The employee is obliged to start performing work duties from December 17, 2017.” Note: when the employee is actually admitted to work, the employer is obliged to conclude an employment contract with him no later than 3 days from the date of such admission. 4. Duration of the contract This item is indicated only in a fixed-term employment contract. In this case, in addition to the term of the contract, the basis for its conclusion is also indicated.

How to add a condition on the social insurance of an employee to an employment contract

The right of an employee to compulsory social insurance means that the employer is obliged to take certain actions to insure the employee (registration, deduction of appropriate contributions, etc.), and that the employee is guaranteed payment from the relevant insurance funds for certain types compulsory social insurance. In practice, the question arises, should the employment contract indicate all types of social risks in cases where the employer provides compulsory social insurance? There is no single answer to this question.

Some authors believe that listing all types of risks is excessive, “an employment contract may stipulate that compulsory social insurance of employees is carried out by the employer in accordance with the law.” Vasilyeva M., Karsetskaya E., Mikhailov I., Shershnev A.

Decree. Job. P.38.
Employee insurance is part of the state program to ensure an adequate standard of living in the event of illness, an accident at work or loss of a job due to reasons independent of their will (liquidation or reorganization of an enterprise, etc.). It acts as a guarantee for creating favorable, comfortable and safe working conditions in general. What it is Social insurance for workers is a set of guarantees regarding basic constitutional and labor rights of a person. It is also a type of compulsory state insurance. All operating entities without exception are subject to it. Payments are made by the employer. Funds for compensation are formed without the participation of the employee and deductions from his income. Social insurance of employees of the enterprise is one of the main obligations that the employer undertakes.

This condition is directly related to labor activity and is also referred by the legislator to the mandatory conditions of the employment contract. This decision of the legislator is dictated public policy in the field of labor legislation, is due to the special care of the state for the employee and members of his family in cases where, for objective reasons, he loses income received as a result of labor activity or this income is significantly reduced.

The employer carries out compulsory social insurance of employees in accordance with federal laws. Such laws are the Federal Law "On the Fundamentals of Compulsory Social Insurance" dated July 16, 1999 No. No. 165-FZ and the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases" of July 24, 1998 No. 125-FZ. The employer provides social insurance for the employee in accordance with these laws, regardless of whether such an obligation is included or not included in the employment contract. The types of social insurance are defined by the Federal Law "On the Fundamentals of Compulsory Social Insurance" dated July 16, 1999. No. 165-FZ. Article 7 of this law defines social insurance risks, in case of which social insurance is carried out. These include: 1) the need to receive medical care;

2) loss by the insured person of earnings (payments, remuneration in favor of the insured person) or other income in connection with the occurrence of an insured event;

3) additional expenses of the insured person or members of his family in connection with the occurrence of an insured event.

Insured events are the achievement of retirement age, the onset of disability, loss of a breadwinner, illness, injury, accident at work or Occupational Illness, pregnancy and childbirth, the birth of a child (children), caring for a child under the age of one and a half years and other cases established by federal laws on specific types of compulsory social insurance.

In the event of the occurrence of several insured events at the same time, the procedure for paying out insurance coverage for each insured event is determined in accordance with federal laws on specific types of compulsory social insurance. No. 165-FZ. // Collection of legislation Russian Federation. 1999. - No. 29. - Art. 3686. Each type of social insurance risk corresponds to a certain type of insurance coverage. All of the above types of insurance risks are regulated by other laws and legal acts (for example, the Federal Law "On Compulsory Pension Insurance in the Russian Federation" dated December 15, 2001 No. 167-FZ, the Law of the Russian Federation "On Employment in the Russian Federation" dated April 19, 1991 No. 1032-1).

The relation on obligatory social insurance arise at the insured (employer) - on all kinds of obligatory social insurance from the moment of the conclusion with the worker of the labor contract. For insured persons - from the moment of conclusion of an employment contract with the employer.

The right of an employee to compulsory social insurance means that the employer is obliged to take certain actions to insure the employee (registration, deduction of relevant contributions, etc.), and that the employee is guaranteed payment from the relevant insurance funds for certain types of compulsory social insurance.

In practice, the question arises, should the employment contract indicate all types of social risks in cases where the employer provides compulsory social insurance? There is no single answer to this question. Some authors believe that listing all types of risks is excessive, “an employment contract may stipulate that compulsory social insurance of employees is carried out by the employer in accordance with the law.” Vasilyeva M., Karsetskaya E., Mikhailov I., Shershnev A. Decree. Job. P.38. According to Shchur-Trukhanovich L.V., in the conditions of the new legal regulation state labor inspectors may consider the general wording of the employer's obligation to provide the employee with compulsory social insurance insufficient in order to consider the requirement of Part 2 of Article 57 of the Labor Code of the Russian Federation as fulfilled. Shchur-Trukhanovich L.V. The content of the employment contract in the conditions of the new legal regulation // SPS "Consultant Plus". In my opinion, it would not be superfluous to prescribe all types and conditions of social insurance.

According to part 3 of article 57 of the Labor Code of the Russian Federation, “If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract. Labor Code of the Russian Federation dated December 30, 2001 No. No. 197-FZ // Collection of Legislation of the Russian Federation. 2002. - No. 1 (part 1) - art. 3.

It should be noted that this rule is fully justified if the employment contract is interpreted solely as a written document. Exactly at given value the legislator uses the concept of "employment contract" in Art. 57 of the Labor Code of the Russian Federation.

The legislator defines an employment contract as a non-formalized document, unlike, for example, notarial documents or criminal procedure documents. It is also indicated that the failure to indicate any conditions in Parts 1 and 2 of Article 57 of the Labor Code of the Russian Federation is not a basis for recognizing an employment contract as not concluded. This provision also marks the difference between an employment contract and civil law contracts. Indeed, it is possible to supplement the contract with an annex to the employment contract or a separate agreement regarding a particular condition, but this is provided that the parties reach agreement on the relevant condition. At the same time, what should be the solution when a fundamental lack of consent is found? Interpreting the provision of part 3 of article 57 of the Labor Code of the Russian Federation, it can be concluded that if disagreements regarding a specific condition were not resolved before the employee began work, the contract should be considered not concluded. In the event that the same situation is discovered after the employee has started work and the employer cancels the preliminary agreement, the employee will begin his labor activity at dishonest employer from a labor conflict. And he will have to apply to the labor dispute resolution bodies. See: Brilliantova N.A., Arkhipov V.V. Necessary conditions of an employment contract: problems of their reflection in an employment contract // Modern law. - 2007. - No. 4. - P. 65 - 68. For example, the employment contract did not include a condition on remuneration. And an employee who has started work, having previously agreed, for example, on a salary of 15 thousand rubles, who later learned that in an additional agreement they want to set a salary of only 5 thousand rubles, will depend on the will of the employer, who either deigns nevertheless to establish for him in an additional agreement the wages about which there was a preliminary agreement, or not. As a result, either the employee will continue to work for this employer or they can stop labor Relations if the employee quits own will or by agreement of the parties. Therefore, in order to avoid these conflicts, it is necessary for the parties to take a responsible approach to drawing up an employment contract.

As for employment contracts concluded before the amendments to the Labor Code of the Russian Federation by Federal Law No. 90-FZ, the provisions of part 3 of article 57 of the Labor Code of the Russian Federation will apply to them. According to Korolkova T., “the employer must make appropriate changes to the employment contract. Such evidence can be either an order containing an instruction to the personnel service before October 6, 2006. draw up additional agreements with all employees in accordance with Art. 57 of the Labor Code of the Russian Federation, or a specific written appeal to each employee. Korolkova T. Analysis of the new provisions of the "labor contract" section of the Labor Code of the Russian Federation // Issues of labor law. - 2007. - No. 7. - S. 2 - 8.

June 20, 2016

In this article, you will learn about the mandatory details of an employment contract, the most common mistakes employers make when drafting it, and how to correct these mistakes. Aida Ibragimova, head of the personnel department of the KSK group, tells.

As a theater begins with a hanger, so any company begins with the conclusion of employment contracts with employees. It would seem that everyone knows what an employment contract should be, and there should not be any problems in its preparation and conclusion. But in reality, everything is much more complicated.

As part of our practice, we work with various companies. We conduct HR audits in both small organizations (up to 6 employees) and large companies (up to 930 employees). In accordance with the specifics of the activities of companies, their personnel composition is also diverse: office employees, remote workers, shift workers, etc. As part of personnel audit we check the content labor agreements with employees and in each company we find errors in them. Moreover, there are often organizations in which labor contracts with employees are not concluded at all. Meanwhile, in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, an organization may be held liable for the absence of an employment contract concluded with an employee or for its improper execution in the form of a fine of up to 100,000 rubles.

In this article, we will consider the mandatory details of an employment contract, as well as the most common mistakes employers that are identified during the personnel audit, and methods for their correction.

In accordance with Art. 57 of the Labor Code of the Russian Federation, an employment contract must contain certain information, as well as a number of mandatory conditions. In addition, it may contain additional terms and conditions. Details of the employment contract are given in table 1.

Table 1. Employment contract details

Mandatory information employment contract	Mandatory conditions employment contract	Additional terms employment contract
Surname, name, patronymic of the employee and the name of the employer who entered into an employment contract; Information about the documents proving the identity of the employee; TIN of the employer; Information about the representative of the employer who signed the employment contract, and the basis, by virtue of which he is endowed with the appropriate powers; Place and date of conclusion of the employment contract	Place of work; Labor function; The date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract; Terms of remuneration; Working hours and rest time; Guarantees and compensation for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace; Conditions that determine, if necessary, the nature of the work; working conditions at the workplace; Condition on compulsory social insurance of the employee; Other conditions in cases provided for by labor legislation and other regulatory legal acts	Structural subdivision; The length of the probationary period; Obligation of the employee to non-disclosure of confidential information; The obligation of the employee after completing the training to work in the company for at least the period established by the contract, if the training was carried out at the expense of the employer; Types and conditions of additional employee insurance; Improving the social and living conditions of the employee and his family members; Rights and obligations of the employee and the employer; Additional non-state pension provision for an employee

Despite the fact that all the details of the employment contract are listed in the Labor Code of the Russian Federation, employers make many mistakes when drafting it. Let's take a closer look at exactly what errors for each of the details we identified with our clients.

Usually, employers do not have problems with this part of the employment contract, but you can still find agreements that do not indicate the place of their conclusion, instead of the passport data of the employee, the address of his residence is indicated, there is no TIN of the organization or it is not spelled out on the basis of which document the representative of the employer has the right to conclude an employment contract with the employee.

If any of the mandatory information is missing in employment contracts with your employees, then they must be included in the agreement. To do this, in both copies of the employment contract (belonging to the employee and the employer), enter the missing information, certify this entry with the signatures of the parties to the employment contract and indicate the date the corresponding correction was made.

We also draw your attention to the fact that the employment contract must contain a note that the employee has received his copy (Article 67 of the Labor Code of the Russian Federation), this also applies to all additional agreements concluded with the employee. The absence of an employee's signature confirming receipt of his copy is one of the most common mistakes. If there are no marks in the employment contracts and additional agreements with your employees that the employee received his copies, then ask him to write a phrase about receiving a copy and sign or sign in the appropriate column, if such a column is provided for in the form of the employment contract and additional agreement.

Most mistakes are made by employers in this part of the employment contract, so we will consider in detail how to correctly indicate each of the mandatory conditions in the employment contract.

1. Place of work.

Since the Labor Code of the Russian Federation does not disclose the content of the concept of “place of work” and does not indicate how to correctly write down this condition in an employment contract, in practice, organizations either do not indicate the place of work at all, or indicate it incorrectly.

Recommendations on how to indicate the place of work in an employment contract can be found in the Review of the practice of court consideration of cases related to the implementation of labor activities by citizens in the regions of the Far North and equivalent areas, approved by the Presidium of the Supreme Court of the Russian Federation on February 26, 2014. In the review it is stated that in the theory of labor law, a place of work is understood as a specific organization located in a certain locality (settlement), its representative office, branch, other separate structural subdivision.

From this definition it can be concluded that the name of the employer and its location (name of the settlement) in all cases is a mandatory characteristic of the place of work.

Place of work can be specified in two ways:

• the name of the employing organization and the locality where the company is located. For example, “Employee’s place of work: Stroy Group LLC, Moscow”, and if the employee is accepted into a separate structural unit: “Employee’s place of work: Stroy Group LLC, Saratov branch, Saratov”;
• the name of the employing organization and the exact address of the place of work. For example, “Employee’s place of work: Stroy Group LLC, Moscow, st. Lenina, d. 55, office 15”, and if the employee is accepted into a separate structural unit: “Employee’s place of work: Stroy Group LLC, Saratov branch, located at the address: Saratov, st. Novaya, d. 55.

The second option is inconvenient in that in the event of a change in the address of the location within one locality, it is necessary to conclude additional agreements with labor contracts with all employees.

2. Labor function of the employee.

Very often, employers in an employment contract indicate only the name of the position. In accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation, when indicating the labor function, it is necessary to specify, among other things, the specific type of work assigned to the employee. Thus, it is not enough to indicate only the title of the position.

The labor function of an employee can be specified in three ways:

• indicate in the employment contract only the type of work assigned. For example, an employee is hired as a sales manager to find and attract new customers, promote the company's services;
• list the duties of the employee in the employment contract;
• make a link to the job description. If the organization has approved job descriptions, That labor function it is possible not to prescribe in the employment contract, but it is necessary to make a reference to this manual, indicating that the employee's labor duties are determined by the job description.

3. The date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract.

In accordance with Art. 57 of the Labor Code of the Russian Federation, two conditions must be indicated in a fixed-term employment contract: 1) the circumstances (reasons) that served as the basis for concluding such an agreement in accordance with the Labor Code of the Russian Federation or another federal law, and 2) its duration.

A common mistake is the lack of reasons for concluding such an agreement in a fixed-term employment contract. The reasons for concluding a fixed-term employment contract must be indicated in accordance with Art. 59 of the Labor Code of the Russian Federation or other federal law.

For example, when concluding a fixed-term employment contract with CEO the basis for setting the term will be the following: "The employment contract is concluded for a certain period by agreement of the parties in accordance with the Charter of the Company on the basis of part 2 of article 59 of the Labor Code of the Russian Federation as with the head of the organization."

4. Terms of remuneration.

When specifying this condition in the employment contract, employers make the following mistakes:

• the size of the official salary is missing and reference is made to staffing. This is a violation, since in accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation, the salary is a prerequisite of the employment contract, therefore it is necessary to indicate the salary in the employment contract itself, and not make a reference to the staffing table;
• the dates of payment of wages are not indicated, which is a violation of Art. 136 of the Labor Code of the Russian Federation, which states that the dates for the payment of wages are prescribed, including in the employment contract. The letter of Rostrud dated June 20, 2014 No. PG / 6310-6-1 also states that Art. 136 of the Labor Code of the Russian Federation is imperative and obliges to establish the days of payment of wages in the rules of the internal work schedule, a collective agreement and an employment contract - that is, in all these documents;
• the procedure for paying wages is not prescribed, namely - specific dimensions payments that the employee will receive with each payment of wages. This condition may not be indicated in the employment contract if it is contained in local acts, for example, in the internal labor regulations or the regulation on remuneration;
• the method of payment of wages is not specified. In accordance with Art. 136 of the Labor Code of the Russian Federation, wages are paid to an employee, as a rule, at the place of work or transferred to credit organization specified in the employee's application, on the terms determined by the collective agreement or labor contract. That is, if the organization does not have a collective agreement that specifies the method of paying wages, then this condition must be indicated in the employment contract.

5. Mode of working time and rest time

If in an organization the working hours for all employees are the same, then the employment contract may not prescribe work time and rest time, and make a link to local act- internal labor regulations.

It is necessary to pay attention to this condition in contracts with employees for whom an individual work schedule is established. For example, in practice there are employment contracts with part-time workers for whom a full-time job is set. This is due to the fact that companies use the same employment contract template for all employees and forget to make corrections to the right paragraph when concluding a contract with a part-time job. Meanwhile, such "forgetfulness" is a violation of Art. 284 of the Labor Code of the Russian Federation and may lead to claims from the inspection authorities.

6. Conditions determining, where necessary, the nature of the work

Very often, employers do not indicate this condition in the employment contract, although most companies have drivers or couriers on their staff. For employees whose work involves constant traveling, the employment contract must indicate the traveling nature of the work.

7. Condition on compulsory social insurance of an employee.

In order to avoid claims from the inspection authorities, it is necessary to check whether this condition is indicated in the employment contract. If the employment contract does not contain a clause on employee insurance, then even though the company actually transfers contributions to all necessary funds, the employer may be fined for the absence of this clause in the agreement.

This condition can be specified in the employment contract as follows: “The employee is subject to all types of compulsory social insurance in connection with labor activity. Types and conditions of compulsory social insurance of an employee in connection with labor activity are carried out by the Employer in accordance with the legislation of the Russian Federation.

8. Working conditions at the workplace and guarantees and compensations for work with harmful and (or) dangerous working conditions

Both of these conditions are related to each other, and the second condition follows from the first. It is rare to find an employment contract in which these points are correctly spelled out. This is due to the fact that they are indicated in the employment contract based on the results of a special assessment of jobs. If the organization did not conduct a special assessment, the employer cannot know the real working conditions and, as a result, cannot prescribe working conditions and guarantees, compensation in the employment contract.

Thus, first you need to conduct a special assessment of jobs, then you need to enter the results of the special assessment into the employment contract, indicating the working conditions at the workplace, and if the employee is found to have harmful and (or) dangerous working conditions, write down guarantees and compensations in the contract.

Guarantees and compensations that are due to an employee for working in harmful and (or) dangerous working conditions depend on the class and subclass of hazard, namely:

• when class 3.1 is established, the employee is provided with a bonus to the official salary in the amount of at least 4%;
• when class 3.2 is established, the employee is provided with the specified allowance plus additional leave of at least 7 calendar days;
• when class 3.3, 3.4 or 4 is established, the employee is provided with an allowance, additional leave, and also set reduced working hours (no more than 36 hours per week) without reducing wages.

We also draw your attention to the fact that for employees who, based on the results of a special assessment of working conditions, harmful working conditions are established, the employer issues free of charge washing and (or) neutralizing agents (Article 212 and Article 221 of the Labor Code of the Russian Federation). In accordance with paragraph 9 of Appendix No. 2 to the Order of the Ministry of Health and Social Development of Russia dated December 17, 2010 No. 1122n, the norms for issuing flushing agents should be established in the employment contract.

9. Other conditions in cases provided for by labor legislation and other regulatory legal acts

The above list of prerequisites is not exhaustive. So, when hiring a part-time job, the employment contract must indicate that the work is a part-time job (Article 282 of the Labor Code of the Russian Federation). The establishment of an irregular working day for an employee should also be reflected in the employment contract (part 2 of article 57 of the Labor Code of the Russian Federation, article 100, article 101 of the Labor Code of the Russian Federation). If an employee is accepted for a home-based, remote, seasonal work, to work on a rotational basis or to the regions of the Far North or equivalent areas, etc., then this should also be indicated in the employment contract. If necessary, other conditions are indicated in the employment contract.

If any of the mandatory conditions are missing in the employment contracts with your employees or they are indicated inappropriately, then it is necessary to conclude additional agreements with the employees and amend the relevant clauses of the employment contracts.

Additional terms of the employment contract

When prescribing additional conditions in an employment contract, it must be remembered that they must comply with the law.

Here are some examples of additional terms of an employment contract from our practice that contradict the current labor legislation:

• establishing a probationary period for an employee for more than three months, in the case when the employee does not belong to the category of employees who, in accordance with Art. 70 of the Labor Code of the Russian Federation can be installed probation longer duration;
• imposition on the employee of the obligation to compensate for damage in the amount of the cost of unfulfilled work, the costs associated with the organization of these works, as well as penalties to third parties. In accordance with Art. 238 of the Labor Code of the Russian Federation, the employer cannot recover lost income (lost profits) from the employee, that is, the employer cannot demand compensation for material damage if he has suffered losses or received less profit due to the employee’s failure to perform or improper performance of his official duties;
• imposition of fines on employees. Scroll disciplinary action established by Art. 192 of the Labor Code and is exhaustive, fines are not indicated in this article, therefore, the establishment of any type of fine in an employment contract is unlawful and may result in a fine for the employer from the inspection authorities;
• establishing a ban on part-time work. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude employment contracts on the performance of other regular paid work for another employer in his free time from his main job, and the company does not have the right to prohibit employees from entering into employment contracts in combination.

If there are additional conditions in employment contracts with your employees that are contrary to the law, then you must exclude them from the employment contract by concluding an additional agreement.

In this article, we examined the mandatory and additional details of an employment contract and gave examples from our practice. Summing up, I would like to note that, of course, many errors in employment contracts arise due to the complexity of interpreting and applying the norms of labor legislation, but there are also many errors that are made by employers through inattention. It is also necessary to take into account that if you establish additional guarantees for an employee in an employment contract, then they must actually be provided to the employee. For example, if the employment contract states that the employer draws up a voluntary medical insurance policy for the employee or pays a monthly premium in a certain amount, then the employer must comply with such terms of the contract, since they are fixed in the contract and, therefore, are the responsibility of the employer. Any employment contract template that you use must be checked by you for compliance with the requirements of labor legislation, the specifics of your company and the position for which the employee is being hired. Only this approach will help to avoid unnecessary errors in personnel records.

Social insurance in Russia is represented by a system of social protection designed to ensure the implementation of the constitutional right of citizens to financial security in the following cases:

• illness;
• disability, partial or complete;
• unemployment;
• loss of a breadwinner;
• upon reaching a certain age.

Social insurance can be collective, state, mixed.

Types of social insurance

Compulsory social insurance in Russia is part of state system for the social protection of the population. This is about social protection both working and non-working population from probable changes in their material or social situation, due to subjective or objective reasons.

Social insurance in the Russian Federation is represented by the following types:

• mandatory social;
• mandatory medical;
• compulsory pension;
• passenger insurance;
• motor third party liability insurance.

Application to the social security fund

The Social Insurance Fund of the Russian Federation is one of the off-budget state funds, the purpose of which is to provide compulsory social insurance for Russian citizens.

By applying to the Social Security Fund, you can count on:

• reimbursement of expenses related to treatment, elimination of the consequences of force majeure circumstances;
• payment of benefits;
• confirmation of the type of activity;
• sick leave payment;
• payment for birth certificates, payment of benefits related to pregnancy and maternity;
• providing beneficiaries with vouchers for sanatorium treatment.

Compulsory social insurance

Compulsory social insurance is a special system for protecting employed Russians and their dependent family members from loss of labor income in cases of disability (due to illness, old age, motherhood, disability, and so on).

Financial resources circulating in the system of compulsory social insurance are accumulated and distributed by 3 funds: Pension Fund RF, Compulsory Medical Education Fund, Social Insurance Fund. All these funds have their own budgets, which are in no way connected with the budget system of the Russian Federation.

Contributions to the social insurance fund

Funds whose activity extends within the framework of compulsory insurance in Russia are off-budget, which means that they do not depend on the Russian budget system.

All contributions to the Social Insurance Fund are made by enterprises (insured persons) where the insured persons work. individuals. If there is a budget deficit in funds, the lack of funds is replenished from the federal budget of the Russian Federation with the help of transfer payments.

As for the amount of insurance premiums, they are calculated taking into account the wages of employees, as well as other payments and remuneration. In a special order, the amounts of contributions are determined in the case of individual entrepreneurs, notaries and lawyers.

Social insurance terms

In accordance with labor code Russian Federation, the conditions of social insurance must be reflected in the employment contract without fail. The presence in the contract of a clause on social insurance enables the employee to count on various benefits and benefits in the event of temporary or permanent disability. The content of this paragraph may be different and depends on the nature and volume of work performed. The more harmful the work is, the greater the risks of injury it is accompanied by, the higher will be insurance premiums. The employment contract must also reflect the availability of additional pension or health insurance services, if the employer provides such services.