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Types of employment contracts and their contents

Before proceeding to the question - types of labor contracts - it is necessary to understand what the labor contract itself is.
Under the employment contract is meant the mainThe legal form by which the principle of freedom of labor, prescribed in the constitution, is realized. Because of the opportunity to work, citizens can provide not only their material well-being, but also spiritual development.
Freedom of labor is the right of every citizen to dispose of his work either alone, as an entrepreneur, or through an opinion with the employer
contractual relations.

Such documents must be concluded betweenemployer and employee only in writing and in duplicate. At the same time, as an employer, not only organizations (legal entities) can act, but also individual entrepreneurs (IPs) or other individuals to meet their needs.
Types of employment contracts, depending on the term: unlimited, i.e. concluded for an indefinite period of time, and a fixed-term employment contract:
• a prisoner for a certain period of time (up to 5 years);
• a prisoner for a specific time for the performance of certain jobs.
In practice, it is not uncommon to conclude a "laboragreement. "In Russian law, there is no such thing as a" labor agreement. "The substitution of such agreements for an employment contract is an intentional infringement of the rights of the worker.

Let us dwell in more detail on what is concluded under the term - a fixed-term employment contract.
As a rule, an employment contract with an employee with an employeetries not to conclude for a long period, so that if necessary, quickly get rid of the objectionable employee, which is a deliberate violation of the RF TC. Therefore, a fixed-term employment contract can not be signed legally without sufficient grounds. The Prosecutor's Office and state labor inspectors pay special attention to such a violation with the ensuing consequences. Such contracts are applicable if it is necessary to replace temporarily absent employees or for the time necessary to perform a particular job that is not permanent, such as seasonality. At what, at the end of the term of the contractual terms, the employee must be dismissed, and in the future may be recruited under the new contract.
In order to avoid unforeseenconsequences in an employment contract concluded for a certain period, if possible, do not indicate the exact dates of its action, but use the following formulations: "for the period of illness ...", "before putting the object into operation ...", "on vacation ..." e.

Urgent types of employment contracts, concluded onunlimited time, for example, before the signing of the act of work performed, require the execution of an act of acceptance and delivery of work that was performed by an employee under such a contract. Such an act is a confirmation of the completion of work and is the basis for calculating the payment for the work performed.
All types of employment contracts require mandatorywriting. At the same time, the labor contract of an employee with a legal entity and an employment contract with an employee is obligatory, in accordance with the Labor Code of the Russian Federation, Art. 57 should contain complete data on each party concluding the contract and a number of material conditions, such as:
1) place of work;
2) the specific date of commencement of work;
3) the name of the specialty, position, profession;
4) the duties and rights of both the employee and the employer;
5) conditions and mode of work;
7) payment of labor.
In addition to the listed in the employment contract is quitethere may be other conditions, for example, about the probation period, about the non-disclosure of secrecy, about the obligation to work out the period specified by the contract after training, if the employer financed training, as well as other conditions.
Certain changes may be made to the conditions, but only by agreement of the parties, and only in writing.

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