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Agreement with an employee working on a shift schedule. How to correctly fill out an employment contract with a shift work schedule using the sample |
On the one side,_________________________________________________________________________ on the other hand, concluded this employment contract about the following. 1. Subject of the employment contract. General provisions.1.1. The employee is hired at __________________________________________________________ (the place of work is indicated, and in the case when the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, the place of work indicating the separate structural unit and its location) to work ________________________________________________________________________ the labor function is indicated, i.e. work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee. If in accordance with federal laws Since the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties must correspond to the names specified in the qualification directories approved in the manner established by the Government Russian Federation) Under this employment contract, the employer undertakes to provide the employee with work according to the stipulated labor function, ensure working conditions provided for labor legislation and other regulatory legal acts containing labor law standards, a collective agreement (if concluded), agreements, local regulations and this agreement, pay the employee on time and in full wages, and the employee undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force for this employer. 1.2. This employment contract is concluded: a) for an indefinite period; b) for the period from _________________________ to __________________________. Circumstances (reasons) that served as the basis for concluding a fixed-term employment contract - (indicated in accordance with Labor Code RF or other federal law, it is recommended to indicate a specific clause, article of the normative act and, in accordance with it, the exact wording of the reason) 1.3. (select the one you need) a) The employee is subject to a test - ______________________________. (indicate the number of days, weeks, months) b) The employee is accepted without testing. 1.4. The start date of work, that is, the date from which the employee is obliged to start work - “___” _____________ 20___. 1.5. This employment contract comes into force from the moment it is signed by both parties. 1.6. Work under this employment contract is for the Employee (main place of work or part-time job) (Note to paragraphs 2 and 3 of the agreement. By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer, arising from the terms of the collective agreement, agreements. Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.) 2. Rights and obligations of the Employee.2.1. The employee carries out his activities in accordance with the current labor legislation of the Russian Federation, the Employer's internal labor regulations, other local regulations of the Employer, the job description and the terms of this employment contract. 2.2. The employee submits to _________________________________________________ (head of structural unit, director of the Employer) 2.3. The employee has the right to:
(other rights of the employee are indicated by agreement of the parties to this agreement) The employee also has other rights granted to him by labor legislation. 2.4. The employee undertakes:
(indicate the name of the document in which this list is defined)
(other duties of the employee are indicated by agreement of the parties to this agreement) 2.5. Failure to include in the employment contract any of the rights and (or) obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement , agreements cannot be construed as a waiver of the exercise of these rights or the performance of these obligations. 3. Rights and obligations of the Employer.3.1. The employer has the right:
(other rights of the employer are indicated by agreement of the parties to this agreement) The employer also has other rights granted to him by labor legislation. 3.2. The employer undertakes:
(other obligations of the employer are indicated by agreement of the parties to this agreement)
4. Work and rest schedule.(Note to paragraph 4 of the agreement. The working hours and rest hours are indicated if for a given employee it differs from general rules valid for this employer) 4.1. The employee is given the following working hours: (select the one you need - 4.1.1., 4.1.2., 4.1.3., 4.1.4, 4.1.5 or 4.1.6): 4.1.1. ____________________-hourly work week, normal working hours. (Indicated in the number of hours of the working week, for example, 40, or 20 may be indicated if the employee incomplete installation work time) The start and end times of work and breaks in work are determined: (select the one you need -)
The employee is given days off ______________________________. 4.1.2. Flexible working hours. The beginning, end and total duration of the working day are determined by the work schedule. The Employee is familiarized with the work schedule in writing. The duration of working hours during the accounting period should not exceed normal number working hours established by law. The accounting period of working time for the Employee under this agreement is ______________________________ (week, month,...). The employer ensures that the employee works the total number of working hours during the relevant accounting period. 4.1.3. Irregular working hours. In connection with working in irregular working hours, the Employee is annually granted additional paid leave in the amount of __________________________ days. (indicate the number of days, at least 3) The Employer ensures the maintenance of summarized records of the Employee’s working time. __________________________________________________________________________________. (other conditions for irregular working hours are indicated by agreement of the parties) 4.1.4. Shift work according to shift schedule. Working two shifts in a row is prohibited. The employee becomes familiar with the shift schedule in writing in the manner established by labor legislation and local regulations of the Employer. __________________________________________________________________________________. (other conditions for shift work are indicated by agreement of the parties) 4.1.5. Work with the division of the working day into parts. The start and end times of each part are determined: (select the one you need) in accordance with ____________________________________________________________ (the corresponding name of the local regulatory act of the employer is indicated) following (other working time conditions are indicated by agreement of the parties) 4.2. The employee is granted annual basic paid leave of ____ calendar days. Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, as well as in cases established by law, paid leave may be granted to the employee before the expiration of six months. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer. 4.3. The employee is provided with annual additional paid leave of ______________________________ days. (indicate the number of calendar or working days leave if the employee is granted it) 4.4. For family reasons and other valid reasons, the Employer may, at his request, grant a short-term leave without pay. 5. Terms of remuneration.5.1. The Employer undertakes to pay the Employee monthly: (payments that make up wages are indicated, including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments) 5.2. Based on the results of work for a month, for a quarter, for a year, the Employer has the right to provide bonuses to the Employee in accordance with _________________________________________________ (indicate in accordance with which document, for example, Regulations on bonuses adopted by the Employer). 5.3. The Employer pays the Employee wages twice a month: “____” and “____” dates. If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts. 5.4. Deductions from an employee's salary are made only in cases provided for by the Labor Code of the Russian Federation and other federal laws. Deductions from an employee’s salary to pay off his debt to the employer can be made:
5.5. The Employer pays taxes on the amount of wages and other income of the Employee in the amounts and in the manner prescribed by the legislation of the Russian Federation. 6. Characteristics of working conditions6.1. The work performed by the employee under this contract is _____________________________________________________________________________________ (indicated whether or not it relates to severe, harmful and (or) dangerous conditions labor. 6.2. The following working conditions are created for the employee: ______________________________________________________ (provided office equipment, transport, communications equipment, etc.) 6.3. The employee is provided with the following labor protection equipment: ______________________________________________________ (indicate how this manifests itself - overalls, devices, etc.) 6.4. The employee is provided with the following compensation and benefits for work: ______________________________________________________ (indicate what kind of work, for example, hard work or work with harmful and (or) dangerous working conditions) ______________________________________________________ (specify what kind of compensation and benefits) 6.5. The work performed under this employment contract is of the nature ______________________________________________________ (mobile, traveling, on the road, other type of work) Note to clause 6.7. If the work performed under this contract is carried out on the road or has a traveling nature, or is performed in the field or by participating in work of an expeditionary nature, then the conditions specified in clause 6.7 apply. 6.7. The employer reimburses for work-related travel:
The amount and procedure for reimbursement of expenses related to employee business trips are established:
(The amount and procedure for reimbursement of these expenses may also be established by the employment contract) 7. Other conditions.7.1. This employment contract may be amended or supplemented by its parties during the period of its validity. In this case, new information is entered directly into the text of the employment contract, and new conditions are determined by an annex to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract. 7.2. This employment contract is terminated on the grounds and in the manner prescribed by current labor legislation. 7.3. All materials created with the participation of the Employee and on the instructions of the Employer are the property of the Employer. 7.4. The parties undertake not to disclose the terms of this employment contract without mutual consent. 7.5. Disputes and disagreements that may arise during the implementation of the terms of this employment contract, the parties will strive to resolve peacefully by mutual agreement. If a mutually acceptable solution is not reached, the dispute may be referred for resolution in the manner prescribed by the labor legislation of the Russian Federation. 7.6. For all issues that have not been resolved in the terms of this employment contract, but directly or indirectly arising from the relationship between the Employer and the Employee under it, the parties to this employment contract will be guided by the provisions of the Labor Code of the Russian Federation and other relevant regulations of the Russian Federation. 7.7. This employment contract is signed in two copies: one for each of the parties, and both copies have equal legal force. 8. Information about the parties.8.1. Employee information: 1. Information about the employee’s identity document: 2. Other information about the employee: ____________________________________________________________ ____________________________________________________________________________________ (For example, address, telephone number, bank account details, TIN may be indicated) 8.2. Employer information: 1. Taxpayer identification number: ___________________________________------________ 2. For the employer - individual entrepreneur- information about the employer’s identity document: Title of the document ___________________ series and document number ___________________ date of issue of the document _____________________ name of the authority that issued the document _____________________________________________ other information about the document _________________________________________________________________ 3. Other information about the employer: _____________________________________________________ _____________________________________________________________________________________ (For example, address, telephone, bank account details may be indicated) Signatures of the parties to the agreement:The employee received one copy of the employment contract __________________________________________________ (date of receipt, employee signature) [F. I.O./Full name of the employer] represented by [position name, full name], acting on the basis of the [Charter, regulations, power of attorney], hereinafter referred to as the “Employer”, on the one hand, and a citizen of the Russian Federation [F. Acting Employee], hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the “Parties”, have entered into this agreement as follows: 1. The Subject of the Agreement1.1. Under this employment contract, the Employee undertakes to fulfill the duties of the profession/position [indicate the work of the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee] at [place of work, and in the case where the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location], and The Employer undertakes to provide the Employee the necessary conditions labor provided for by labor legislation, as well as timely and full payment of wages. 1.2. Work under this agreement is the main place of work for the Employee. 1.3. Working conditions in the workplace in terms of the degree of harmfulness and (or) danger are [optimal (class 1)/permissible (class 2)/harmful (specify the class and subclass of harmfulness)/hazardous (class 4)]. 1.4. The probationary period for hiring is [specify the period]./The employee is hired without a probationary period. 1.5. The employment contract is concluded for an indefinite period. 1.6. The employee must begin work on [day, month, year]. 2. Rights and obligations of the employee2.1. The employee has the right to: — conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws; - providing him with work stipulated by the employment contract; — a workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement [if any]; — timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed; — rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave; — complete reliable information about working conditions and labor protection requirements in the workplace; - training and additional professional education in the manner established by the Labor Code of the Russian Federation and other federal laws; — association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests; — participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws, if any, and by the collective agreement; — conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements; — protection of one’s labor rights, freedoms and legitimate interests by all means not prohibited by law; — resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws; - compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws; — compulsory social insurance in cases provided for by federal laws; 2.2. The employee is obliged: — conscientiously fulfill his labor duties assigned to him by the employment contract; — comply with internal labor regulations; — maintain labor discipline; — comply with established labor standards; — comply with labor protection and occupational safety requirements; — take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees; — immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property); — [other responsibilities provided for by the current labor legislation and other regulatory legal acts containing labor law norms, collective agreement, local regulations]. 3. Rights and obligations of the employer3.1. The employer has the right: — conclude, amend and terminate an employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws; — conduct collective negotiations and conclude collective agreements; — encourage the Employee for conscientious, effective work; — require the Employee to fulfill his job duties and take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with internal labor regulations; — bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws; — adopt local regulations; - create associations of employers for the purpose of representing and protecting their interests and join them; — create a works council; — [other rights provided for by the current labor legislation and other regulatory legal acts containing labor law norms, collective agreement, local regulations]. 3.2. The employer is obliged: — comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the employment contract, agreements, collective agreement [if any]; — provide the Employee with work stipulated by the employment contract; — ensure safety and working conditions that comply with state regulatory requirements for labor protection; — provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties; — provide the Employee with equal pay for work of equal value; — pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement [if any], internal labor regulations, and the employment contract; — conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation; — provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation; — familiarize the Employee, against signature, with the adopted local regulations directly related to his work activity; — timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms; — consider the submissions of the relevant trade union bodies, other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives; — create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any]. — provide for the Employee’s everyday needs related to the performance of his job duties; — carry out compulsory social insurance of the Employee in the manner established by federal laws; — to compensate for damage caused to the Employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation; — [other duties provided for by the current Labor legislation and other regulatory legal acts containing labor law norms, collective agreements, local regulations]. 4. Working time and rest time4.1. The employee is assigned a shift work schedule in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with continuous rest of at least 42 hours. 4.2. The duration of a work shift is [value] hours. Days off for an Employee working on a shift schedule are days that are not working days according to the work schedule established for him. 4.3. A summarized recording of working time has been established for the Employee. The accounting period is [week/month/quarter/year]. 4.4. The employee is granted annual basic paid leave of [value] calendar days. 4.5. The employee is granted an additional annual paid leave of [value] calendar days [indicate the basis for providing additional leave]. 4.6. For family reasons and other valid reasons, the Employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the Employee and the Employer. 5. Terms of payment5.1. The employee is paid a salary of [amount in figures and words] rubles. 5.2. Additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems are established by a collective agreement, agreements, local regulations and other regulatory legal acts containing labor law standards. 5.3. Wages are paid to the Employee [indicate specific dates of the calendar month]./Wages are paid to the Employee at least every half month on the day established by the internal labor regulations. 5.4. When performing work outside normal working hours, at night, on weekends and non-working hours holidays, when combining professions (positions), when performing the duties of a temporarily absent employee, the Employee is made appropriate additional payments in the manner and amount established by the collective agreement and local regulations. Read also: Increase in salaries for court staff 5.5. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation. 6. Responsibility of the parties6.1. In case of failure or improper performance by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation. 6.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation. 7. Final provisions7.1. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws. 7.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations. 7.3. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force. 7.4. All changes and additions to this employment contract are formalized by a bilateral written agreement. 7.5. This employment contract may be terminated on the grounds provided for by current labor legislation. 8. Details and signatures of the partiesDownload a sample, template, form of an employment contract with a shift schedule 2016
Employment contract with shift work schedule differs slightly from the classic sample employment contract with an employee. The company needs to take into account some nuances and write them down in the agreement so that in the future no disputes or disagreements arise between the parties. Employment contract: shift, its features and key principlesShift work implies that the working day of one employee meets all standards. Especially it concerns manufacturing enterprises with hazardous working conditions, where it is necessary to ensure uninterrupted operation of equipment. The employment contract is replaceable must certainly contain a work-rest regime, which fixes the “size” of the shift and the number of shifts per month. However, it is pointless to describe absolutely all the details. You can use it as an application to employment contract shift schedule. which the applicant must first familiarize himself with. The document contains the following data: Duration of working hours in each shift; Breaks for rest and meals for employees; Weekly and inter-shift rest. Wherein replacement employment contract should not contain all this information; it should only contain specific data on the applicant’s work schedule. It should also be taken into account that the employee can work part-time. Employment contract for shift work: sample fillingThe employer needs to indicate the full name of the employee and the name of the enterprise/employer, indicate the date and place of conclusion of the agreement, underline job responsibilities subordinate depending on the field of activity. You also need to indicate the duration of the contract. Of course, when denoting exact date expiration of the document - fixed-term contract. you need to justify in writing the reasons why you are hiring a temporary worker (for example, due to maternity leave permanent employee or to perform seasonal work). Employment contract, shift in which it is not recorded is unlikely to be recognized as valid. You must outline all the details in writing. According to Art. 103 of the Labor Code of the Russian Federation, the employer has the right to introduce a shift schedule in several cases: 1. If manufacturing process takes more time than the acceptable working day for the employee; 2. If an increase in production volumes is necessary. In this case, the employer needs to indicate not only the reason, for example, that it is necessary to provide 24-hour security for the facility or to provide medical care, but also carefully plan your work and rest schedule so as not to violate any legal norms. Shift employment contract, work schedule in which it is not standardized, must contain information about the accrual of bonuses or bonuses for overtime work. Employment contract: shift schedule and features of transition to itIf you signed a document with your subordinates before making the transition to a shift work schedule, then you do not need to sign employment contract, shift work may be included in an existing agreement in accordance with Art. 72, 74 Labor Code of the Russian Federation. Record the necessary changes and coordinate them with employees. In addition to making changes to employment contracts, the employer needs to perform a number of actions: Issue an order to introduce a shift schedule; Make changes to the Labor Regulations (Article 100 of the Labor Code of the Russian Federation). The condition for introducing a shift schedule must be included in the TD on the basis of Art. 100 and art. 57 Labor Code of the Russian Federation. The order can be drawn up in free form, the main thing is to indicate the positions to which the new regime will be applied. Employment contract, shift work schedule in which you want to record must be compiled taking into account several features: 1. It is customary to distinguish three shifts - day, night and evening. If more than 50% of an employee’s working time falls on the period from 22:00 to 6:00, then this is a night shift, and the one preceding it is considered an evening shift; 2. The weekly rest of employees performing their duties based on an employment contract (shift schedule) must be at least 42 hours; 3. The legislator prohibits working 2 shifts in a row; there must be rest between them; 4. If a shift falls on the day before a public holiday, its duration should be reduced by 1 hour. When hiring new employees for shift work or when transferring subordinates to new schedule, the employer needs to take into account restrictions regarding certain categories of persons. For example, night shifts are prohibited for women who have children under 3 years of age, disabled people, and minors. persons who are guardians of disabled people. On our website you can download employment contract (shift work), sample compiled by experienced lawyers and fully complies with legal requirements. You can fill out the document in a few minutes; you just need to answer the questions in the left column. The responses received will be automatically distributed according to the contract; all you have to do is download it, sign and seal it. Enjoy all the benefits of our service! You need to answer the questions presented in the form on the left, and the system will automatically categorize the answers. As a result, you will receive a legally competent document in a matter of minutes. Enjoy the benefits of the service right now! You may also be interested in the following types of employment contracts, which can be quickly and easily prepared using the “Simply Documents” contract designer: See the full list of employment contracts here. We refer to___ hereinafter as the “Employer”, represented by _________________________, acting___ on the basis of ___________________, on the one hand, and _________________________, hereinafter referred to as the “Employee”, on the other hand, have entered into this agreement as follows: 1. THE SUBJECT OF THE AGREEMENT 2. DURATION OF THE AGREEMENT 2.1. This employment contract is concluded without limitation of duration. Start date: "___"___________ ____ Option: this employment contract is concluded for the period from "___"__________ ____ to "___"__________ ____, basis: ____________________________. Start date: "___"__________ ____
Read also: Do I need an order for maternity leave? 5.1. The employee is obliged: 5.2. The employee has the right to: 6.1. The employer is obliged: 6.2.3. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation. 6.2.4. Adopt local regulations. 6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations. 7. EMPLOYEE SOCIAL INSURANCE 7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation. 8. WARRANTY AND COMPENSATION 8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts The employer and this agreement. 9. RESPONSIBILITY OF THE PARTIES 9.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation . 9.2. The Employee is obliged to compensate the Employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the Employee. 9.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation. 9.4. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer. 10. TERMINATION OF THE AGREEMENT 10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation. 10.2. In all cases, the day of dismissal of the Employee is the last day of his work. 11. FINAL PROVISIONS 11.1. The terms of this employment contract are confidential and are not subject to disclosure. 11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement. 11.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the legislation of the Russian Federation. 11.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation. 11.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee. 12. DETAILS OF THE PARTIES Employment contract (shift work schedule)EMPLOYMENT CONTRACT (shift work schedule)We refer to___ hereinafter as the “Employer”, represented by _________________________, acting___ on the basis of ___________________, on the one hand, and _________________________, hereinafter referred to as the “Employee”, on the other hand, have entered into this agreement as follows: 1. THE SUBJECT OF THE AGREEMENT1.1. The Employer undertakes to provide the Employee with work for a 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 employment contract, to pay the Employee wages on time and in full. , and the Employee undertakes to personally perform the labor function specified in this employment contract and to comply with the internal labor regulations in force at the Employer. 1.2. An employee is hired at ________________________________ for the position _________________________. The work under this agreement is the main/part-time work for the Employee. 1.3. The Employee’s place of work is _________________________________, located at: _________________________________. 1.4. The Employee’s work under this agreement is carried out under normal conditions. The Employee’s job duties are not related to the performance heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions. 1.5. The employee reports directly to _____________________. 2. DURATION OF THE AGREEMENT2.1. This employment contract is concluded without limitation of duration. Start date: "___"___________ ____ Option: this employment contract is concluded for the period from “___”__________ ____ to “___”__________ ____, basis: ____________________________. Start date: "___"__________ ____ 2.2. The employee is established probation duration _____ (___________) months from the date of commencement of work. Option: The employee begins to perform his duties without a probationary period. 3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE3.1. The employee is set a wage rate of ______ (_____________) rubles. 3.2. The following financial incentive measures are provided for the Employee: 3.2.1. Additional payments _________________________________________________. 3.2.2. Allowances __________________________________________. 3.2.3. Awards _____________________________________________________. 3.2.4. Others ______________________________________________. 3.3. The Employee's wages are paid by issuing cash at the Employer's cash desk (option: by non-cash transfer to the Employee's bank account) within the time limits established by the Internal Labor Regulations. 3.4. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation. 4. WORKING AND REST TIME REGIME4.1. The duration of working hours for the Employee is 48 hours per week with shift work in accordance with the shift schedule approved by the Employer: two (three, four) shifts. 4.2. The duration of the shift is ___________ hours. 1st shift: start - ___ hours ___ minutes; end — ___ hours ___ minutes; 2nd shift: start - ___ hours ___ minutes; end — ___ hours ___ minutes; 3rd shift: start - ___ hours ___ minutes; end — ___ hours ___ minutes; 4th shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes. 4.3. During the working day, the Employee is given a break for rest and food of ___________ duration, which is not included in working hours. 4.4. The employee is granted an annual paid leave of __________ calendar days, consisting of a basic leave of __________ (at least 28) calendar days; additionally _________ calendar days. The right to use vacation for the first year of work arises for the Employee after six months of continuous work with him. of this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule. 4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the Employer. 5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE5.1. The employee is obliged: 5.1.1. Conscientiously perform the following duties: 5.1.2. Comply with the internal labor regulations and other local regulations of the Employer. 5.1.3. Maintain labor discipline. 5.1.4. Comply with labor protection and occupational safety requirements. 5.1.5. Treat the property of the Employer and other employees with care. 5.1.6. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property. 5.1.7. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without prior permission from management. 5.1.8. Do not disclose information that constitutes a trade secret of the Employer. 5.2. The employee has the right to: 5.2.1. Protection of your professional honor and dignity. 5.2.2. Other rights established by the current legislation of the Russian Federation. 6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER6.1. The employer is obliged: 6.1.1. Comply with laws and other regulations, local regulations, and the terms of this agreement. 6.1.2. Provide the Employee with work stipulated by this agreement. 6.1.3. Provide the Employee with premises, equipment, technical documentation and other means necessary to perform his job duties. 6.1.4. Pay the full amount of wages due to the Employee within the time limits established by the Internal Labor Regulations. 6.1.5. Provide for the Employee’s everyday needs related to the performance of his job duties. 6.1.6. Carry out compulsory social insurance for the Employee in the manner established by federal laws. 6.1.7. Perform other duties established by the current legislation of the Russian Federation. 6.2. The employer has the right: 6.2.1. Encourage the Employee for conscientious, effective work. 6.2.2. Require the Employee to fulfill job duties specified in the job description, to take care of the property of the Employer and other employees, and to comply with the internal labor regulations. limited liability ">Limited Liability Company "Beta" EMPLOYMENT CONTRACT 01.11.2011 № 112/11 Moscow Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented byGeneral Director Petrov Alexander Ivanovich, acting his based Charter, on the one hand, andKrasnova Nina Igorevna, we call and Ihereinafter the “Employee”, on the other hand, hereinafter collectively referred to as the “Parties”, have entered into thislabor contract(hereinafter referred to as the Agreement) about the following: 1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS 1.1. The Employer instructs, and the Employee assumes, the performance of labor duties according tosales positionsin the sales department.
2. DURATION OF THE AGREEMENT 2.1. The employee undertakes to begin performing his work duties with1 ноября 2011 г.!} 3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE 3.1. For the performance of labor duties provided for in this Agreement, the Employeethe salary is set, including: 4. LABOR FUNCTION OF AN EMPLOYEE 4.1.
The worker performs!} the following job responsibilities: 5 . WORKING E TIME AND REST TIME 5.1. The employee is established operating mode two days in twoaccording to schedule work (p Appendix No. 1 to this D stipulation) and a working week with days off on a rotating schedule.
6. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE 6
.1. The employee has the right: 7. RIGHTS AND OBLIGATIONS OF AN EMPLOYER 7
.1. The employer has the right: 8 . EMPLOYEE SOCIAL INSURANCE 8
.1. The employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against accidents at work and occupational diseases) in the manner and under the conditions provided for bycurrent legislation of the Russian Federation. 9 . GUARANTEES AND COMPENSATIONS 9 .1. For the period of validity of this Agreement, the Employee is subject to guarantees and compensations provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties. 10 . RESPONSIBILITY OF THE PARTIES 10
.1. In case of failure or improper performance by the Employee of his labor duties without good reasons, violations of labor legislation, provisions of local regulations in force at the Employer, with which the Employee was familiarized with under letter, as well as causing material damage to the Employer. The Employee bears disciplinary, financial and other liability..
1 1 . TERMINATION OF AN EMPLOYMENT CONTRACT 11
.
1
. The grounds for termination of this Agreement are: 1 2 . FINAL PROVISIONS 1
2
.1. This Agreement comes into force onthe moment of its signing by both Parties.
Before signing this Agreement, the Employee acquainted with signature about the following local regulations of the Employer:
Most organizations operating in Russia use a five-day workday with an 8-hour working day; according to this standard, employees work in weekdays, and then rest on Saturday and Sunday. But some enterprises cannot stop the production process, they are forced to work around the clock and every day, then the manager has to introduce a shift schedule. Let's figure out how to draw up an employment contract during a shift work schedule, so as not to violate current legislature and not infringe on both your interests and the rights of employees. Due to the specific nature of work at certain enterprises, there is a need to maintain a shift system. Some production cycles cannot be stopped, as this will entail large material losses and lost profits, but, due to physiology, the capabilities of workers have limits. The legislation of the Russian Federation has introduced restrictive measures regarding working hours, so the only option not to slow down the work process is to divide it into parts, that is, shifts. Important! According to , the workflow can be divided into two, three, or four parts. The simplest and most popular option is a two-shift system, for example, day-night for 12 working hours. Restrictions on shift scheduleAccording to the legislation of the Russian Federation, all employees can work on the day shift, while there are certain categories of people who are prohibited from working at night. These include:
With written consent, people with disabilities may work at night. disabilities and single mothers. Citizens working in hazardous industries cannot work longer than 8 hours a day (or 36 a week). The enterprise also has the right to establish in local documents its own groups of persons who are not allowed to work on the night shift. Where is shift mode needed?As a rule, a shift work schedule is chosen at an enterprise if its activities and the labor process itself have the following features:
What to consider when creating a scheduleIf an enterprise decides to introduce a shift work schedule, then it must be correctly formed without contradictions with current legislation. It is said that during shift work, generally accepted weekends and holidays may be working days. According to the general rules, all employees are provided with weekly uninterrupted rest: for a five-day period, two days are considered days off, and for a six-day period, one day. Sunday is recognized as a general day off, but the second day of rest is established by a collective agreement or internal labor regulations. Most companies take consecutive rest days. If suspension of work on weekends is impossible for production, technical or organizational reasons, then days off are provided on different days weeks to each group of workers in turn based on internal regulations. When drawing up a shift work schedule, the total working time is always considered; this system is used if the working time does not fit into the standard 40 hours per week. As a rule, the duration of a work shift is 12 hours, but there are exceptions. In general, the regulations do not contain a specific concept of shift duration, but the employer should not forget about the basic concepts of labor legislation.
Drawing up a shift schedule is the responsibility of the personnel department employees; they draw up an official document that records the length of the working day, the alternation of working hours and breaks. The work and rest schedule is attached to the Employment Agreement, and any changes to it are possible only after notifying the staff 30 calendar days before their entry into force. How to draw up a contract with a shift work scheduleMany employers are interested in how to specify a shift work schedule in an employment contract. In general, the document is drawn up according to standard rules, that is, it must indicate the employee’s salary, mutual responsibilities of the employer and employee, the vacation system, etc. There are certain nuances only in recording working hours. Firstly, the contract must contain information that the citizen is engaged in labor activity in a shift mode. Secondly, the duration of the shift is indicated in hours, regardless of what type of working time recording is adopted - weekly, quarterly or monthly. Let's consider a sample of an employment contract with the most popular shift work schedule “2 through 2”. This rotation is convenient for both the employer and employees. According to this regime, the employee has 2 working days on a day shift, for example, from 9:00 am to 9:00 pm, then he is given two days off, and a shift worker takes his place, then the cycle is repeated in a circle. When developing a schedule, the HR department must take into account the goals and needs of the company, in particular the need for a continuous work cycle. Please note that the finished schedule is always given to the employee for review, and only then is it attached to the employment contract. When concluding an employment contract with a shift work schedule, you must always rely on current legislation. Yes, it’s written in maximum duration shifts, categories of persons who are contraindicated from working with a similar schedule, as well as working on holidays. Some aspects are not fully reflected in regulations, for example, the exact break time between shifts. However, in order to avoid misunderstandings and not infringe on the rights of employees, you need to be guided by general labor provisions. The employer should not forget about practical side shift schedule. Thus, when establishing a working regime, he should take into account the need for a continuous process, as well as assess the working conditions and physical capabilities of workers. Working hours (in the employment contract) is one of the most important concepts in labor relations. The employer buys the employee's time, uses his labor power for his own purposes and ultimately gets the desired result. Scientifically based principles of organizing the work process are already developing not for the first hundred years. Taylorism is considered to be the beginning of development; it had the maximum influence on the work process at the beginning of the 19th century. Effectively converting working time into the final product - an important task for many disciplines. Economics, sociology, and psychology are intensively dealing with this issue. Working hours are called the time during which the employee performs his work duties. The legislation contains many documents regulating the regime, routine and work schedule.
The employee comes to work every day. He definitely has one or two days off. There is actually no shift - since there is only one. Employee cannot work more than 40 hours a week. All hours (above normal) are counted as overtime and are paid accordingly. The method is applicable for a wide range of works - office, retail, research, and some industrial production. Irregular working hours in an employment contract are a more complex case. The regulating article is. An employee is sometimes involved in the performance of his work function on orders from superiors or necessity. Attraction goes beyond normal working hours. An employee can be called before the start of the working day or remain after it ends. The list of groups of workers with such a regime is indicated, for example, in a collective agreement. Often practiced among administrators, managers and technicians. personnel. Employees employed under this scheme additional rest is provided, and overtime is considered overtime. Attention! Employees cannot be involved in activities other than their job function.
In Russia, it began to be used in the 80s for women with children, then the circle of people gradually expanded. The main principle of a flexible schedule is self-regulation of working time. The employee (within certain limits) can decide when to perform his job duties. He himself chooses the time to work out the established norm. But flexible schedule includes the concept of fixed time, it is understood as a certain time period during which the employee is necessarily present at the workplace. A flexible schedule is most suitable for students, women with children, and creative workers. The main article is. In this case, staff rotation must be carried out at least once a month, but sometimes rotation is allowed every three months. For working on such a schedule additional payments are due. The fragmented workday is the latest way to organize time. Used if the work has a very strong variation in intensity throughout the day. For example, in the morning there is practically no need for labor, but during the day the need increases significantly. Fractured mode most widespread in the transport sector (everyone knows rush hour), trade, communications. Mode regulates Article 105 of the Labor Code. AccountingNow a few words about how to apply summarized accounting and implement it in an enterprise. First, determine the reporting period - it can be a week, month, quarter, year. Period more than a year cannot be installed. For enterprises with hazardous conditions, it less - 3 months. A one-day period is also prohibited, since in fact this will already be a daily accounting. Attention! Individual employers forbidden use total accounting.
For example, per quarter you are entitled to 120 slaves. hours. Then an order is issued and included in the collective agreement or wage regulations. Accordingly, new employees are familiarized with the payment method in the form of an annex to the employment contract. Compensation for overtime and shortcomings is permitted only within a specified period. If overtime was recorded during the period, then they are paid as overtime according to the general rules. An employment contract with a summarized accounting of working time sample (fragment): DecorTo specify the operating mode and method of accounting in the contract add approximately the following:
Since the points relating to working hours and methods of accounting are mandatory conditions (according to Article 57 of the Labor Code), then their indication is always necessary. ConclusionThere are quite a few working hours. The employer can choose the most convenient method of organization for himself and the company. But we must not forget the regulative principles And due compensation. These include the established norm of 40 hours/week, additional leave, overtime pay. An important practical point for implementing the selected mode is accounting method. The main variable is the accounting period. The period can vary from one day to one year. Also, a separate accounting method is summarized accounting. Useful videoWhat should the working hours be included in an employment contract? How to register? You will find answers to these questions in the video presented: |
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