Mandatory and additional conditions of the employment contract

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

Employment contract: general description

An employment contract establishes the basic duties, rights and liability elements of two parties: the employer and the employee. Thanks to the employment contract, the functions of both parties are strictly regulated, as a result of which no violations should arise from any party.

The presented document contains two groups of conditions: these are mandatory and additional conditions of the employment contract. Mandatory conditions must be spelled out in accordance with all regulatory legal acts. Simply put, they must be compliant. As is clear from the name of these conditions, they are inalienable and must be strictly observed by both parties. Additional terms of the employment contract can be fixed in a relatively free manner. The employer can either accept or cut them. With the employee, the situation is somewhat different: thus, imposing additional conditions on him is not allowed. The thing is that they can significantly worsen his professional position.

About the employer

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

• ability to provide a job;
• the need to qualitatively and timely pay for the employee's labor;
• the obligation to bear responsibility for the acts or acts referred to in the labor code;
• the ability to fix and regulate the mandatory and additional conditions of the employment contract.

Employers - legal entities - are usually officially registered organizations. Individual employers (or persons who are not them), lawyers, notaries, and some other categories of citizens are recognized as natural employers.

About employee

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

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

Content of the contract

It is worth to talk a little more about the content of the employment contract. What elements and items should be indicated there? How should conditions be distributed? Special norms give answers to all these questions, in accordance with which documents are drawn up in various professional fields.

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

Distinctive features of the employment contract

When drawing up an employment contract, a lot of problems can often arise. So, due to insufficiently detailed disclosure of the basic conditions or functions, or because of non-compliance with the norms, the contract may not be labor, but civil law. What to do in this situation? It is necessary to proceed, first of all, from the specifics of the duties of the working person. The specialty, position, qualification and other main points should be clearly defined.

An employee must have a specific labor function corresponding to his specialty and inextricably linked with the work schedule. It is also worth noting that, unlike civil law documents, an employment contract does not have as its subject the result of work, but the specific fulfillment of a specific task. This, among other things, includes mandatory and additional conditions of the employment contract.

The concept of labor function

The concept of a labor function should be revealed in more detail. How does the law define this concept? The Labor Code reveals it as work in a particular specialty in full accordance with the work schedule, qualification level or rank, type of work received, etc.

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

What other elements are included in the content of the employment contract? Additional conditions and mandatory, their specificity and characteristics will be transferred further.

The first group of prerequisites

There are a lot of different conditions that should be given in an employment contract. Despite the fact that further we will focus only on the most basic of them, the total number of all elements is still worth dividing into several sub-chapters.

So, what conditions are considered mandatory in an employment contract? Firstly, this is the place of work. It is indicated exactly where the worker is working: in the main organization, in the branch, in any representative office, with an individual entrepreneur, etc. An employment contract must contain a clear definition of the location of the workplace. Secondly, it is a labor function. This is an essential element of an employment contract, which has already been discussed above. However, it is worth noting that the labor function must correspond to so many parameters and norms. There is a whole classification, in accordance with which the duties of the employee are determined, as well as his specific labor function.

The second group of prerequisites

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

The next important condition is wages. Salary includes a lot of different criteria. This may include the basic salary (or the size of the tariff rate), all sorts of surcharges, allowances, bonuses, vacation pay or dismissal. All these conditions must be mandatory enshrined in the employment contract.

Third group of prerequisites

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

The amount of compensation for difficult or hard work should also be spelled out in the document. Do not forget about the characteristics of individual working conditions. From here, by the way, one more obligatory condition follows: a description of the nature of the work. We are talking about a special classification and the correlation of certain working moments with it (mobile type of work or not, with emphasis on physical or intellectual abilities, etc.).

The last points, which also belong to the group of prerequisites, are an indication of the employee's social insurance, as well as certain norms stipulated by law.

Additional terms

First of all, it is worthwhile to understand what additional working conditions are in general. First, the right to introduce or in any way regulate them belongs only to the employer. Secondly, additional conditions should in no way impede the effective exercise of labor functions by an employee.

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

The first group of additional conditions

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

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

So that the contract was not terminated at all, it is necessary to pay attention to the presence of the following elements:

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

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

What additional conditions stipulated in the labor contract should be given? This will be discussed later.

The second group of additional conditions

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

• information on the types, conditions and principles of supplementary insurance for a worker;
• additional conditions of the employment contract are also data on improving the living and social conditions of the worker, as well as members of his family;
• various kinds of clarifications about the rights, obligations, as well as elements of employee liability;
• data on additional pension coverage for the worker (from non-state resources).

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

What else is included in the employment contract?

By agreement of both parties that entered into an employment contract, its terms and conditions may be changed or supplemented in every way. So, the employer himself may settle in with new responsibilities. It is worth remembering that any change in the employment contract must be carefully agreed upon by all parties.

If some important elements were not included in the document (for example, the same prerequisites), then the contract is not terminated, but sent for revision. Failure to include any elements in the agreement will never be a reason for refusing to implement the main documented responsibilities. An additional agreement to the employment contract will be drawn up. Working conditions will be supplemented or modified, as a result of which the contract will regain force.