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Labor Code of the Russian Federation. The theory of everything Article 57 of the labor code of the Russian Federation

Article 57 of the Labor Code of the Russian Federation with comments and changes in 2018-2019.

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
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 authority;
place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an 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;
labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
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 this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);
guarantees and compensations 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 work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
mandatory condition social insurance an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

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 terminating it. 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.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.

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 the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Commentary on article 57 of the Labor Code of the Russian Federation:

1. In accordance with Article 57 of the Labor Code of the Russian Federation, the content of an employment contract can be conditionally divided into three parts. The first part includes information characterizing the employee and the employer, the second - the mandatory terms of the employment contract and the third - the terms of the employment contract, which the parties may establish at their discretion.

2. According to part 1 of article 57 of the Labor Code of the Russian Federation, information about the employee and employer is indicated in the employment contract.

The following information is indicated about the employee as a party to the employment contract: last name, first name and patronymic in accordance with the passport or other document proving his identity, as well as information about the documents themselves proving the identity of the employee (name of the document, the authority that issued this document, document number and date of issue). The employment contract also indicates the postal address at which the employee is registered. If this address does not coincide with the place of actual residence of the employee, then the postal address of his actual residence is also indicated.

Information about the employer includes its full name, containing an indication of the legal form, location and postal address of the organization.

In accordance with paragraph 2 of Art. 54 GK location legal entity determined by the place of its state registration. State registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body - another body or person entitled to act on behalf of the legal entity without a power of attorney.

The postal address of the organization determines its actual territorial location, i.e. postal code, name of the city, town, street name and house (building) number.

Among the information about the employer to be included in the employment contract (with the exception of employers - individuals who are not individual entrepreneurs), the commented article also includes the identification number of the taxpayer. The taxpayer identification number (TIN) is assigned by the tax authority at the location when registering an organization upon its creation, incl. through reorganization.

The procedure and conditions for assigning, applying, as well as changing the taxpayer identification number when registering, deregistering legal entities and individuals are approved by Order of the Ministry of Taxation of Russia dated March 3, 2004 N BG-3-09 / 178 (BNA RF. 2004. N fifteen).

In accordance with Article 57 of the Labor Code of the Russian Federation with comments, the employment contract must also contain information about the representative of the employer who signed the employment contract (last name, first name, patronymic of the head of the organization (director, general director) or another person authorized to represent the employer in labor relations), and the basis by virtue of which he is endowed with the appropriate powers (constituent documents of a legal entity (organization), local normative act, job description, power of attorney, etc.).

If an individual acts as an employer, the employment contract must indicate his last name, full name and patronymic in accordance with the passport or other identity document, information about these documents themselves (document name, authority that issued this document, document number and date of issue), as well as the home (postal) address of the employer - an individual.

All information about the employee and the employer provided for in Part 1 of Article 57 of the Labor Code of the Russian Federation must be included in the content of the employment contract. At the same time, it should be borne in mind that, according to part 3 of the commented article, the absence in the employment contract of one or another information from among the information to be included in the employment contract is not in itself a basis for terminating the employment contract or recognizing it as not concluded. If at the conclusion of the employment contract any of this information was not included in it, then it must be supplemented with the missing information. The missing information is entered directly into the text of the employment contract by the employer on the basis of relevant documents.

The employment contract also indicates the place and date of its conclusion.

3. Part 2 of Article 57 of the Labor Code of the Russian Federation provides for the conditions that are mandatory for inclusion in an employment contract.

These include:

place of work, which is understood as a specific organization - a legal entity that has its own name. If an employee is hired by a branch or representative office of a legal entity or other separate structural subdivision of an organization located in another locality, the employment contract shall indicate as its own name of the branch or representative office (other separate structural unit), its postal address (name of the settlement, street name , building number), and the full name of the legal entity whose structural unit is a branch, representative office or other separate structural unit located in another locality;
the labor function of an employee, which consists in performing work in the relevant position in accordance with the staffing table or in a certain profession or specialty, indicating qualifications, or in performing a specific type of work assigned to the employee. The law does not say anything about what should be understood as a specific type of work. Obviously, we are talking about work that does not fit (does not fit) into the content of work in a particular position, profession or specialty. In this regard, a specific type of work entrusted to an employee may constitute the content of the labor function both in itself and along with work in a particular position, profession or specialty.

A position is an established set of duties and rights corresponding to them, which determines the place and role of an employee in an organization.

The law obliges the name of the position to be indicated in the employment contract in accordance with the organization's staffing table.

The staffing table is an organizational and administrative document in which the official and numerical composition of the organization is fixed, and the payroll is also indicated. It is compiled according to the form established by the State Statistics Committee of Russia and includes a list of positions, information on the number of staff positions, official salaries, allowances, and a monthly payroll. The staff list is signed by the chief accountant of the organization and endorsed by the heads of structural divisions. The staffing table is approved by order of the head of the organization. The staffing table is a long-term document. However, if necessary, changes, additions or other adjustments can be made to it.

A profession is understood as a kind of labor activity, occupation of a person who owns a complex of special knowledge, skills and abilities acquired through education.

Specialty is a kind professional activity, improved through special training (for example, a personnel manager, a surgeon, a toolmaker); certain area of work, knowledge.

Qualification - the level of preparedness, skill, degree of fitness for work in a particular specialty or position, determined by rank, class, rank and other qualification categories. The indicator that determines the level of qualification of an employee is the qualification category. The qualification category is established taking into account the complexity, responsibility and working conditions on the basis of the tariff and qualification guide.

If the performance of work in certain positions, professions and specialties in accordance with federal laws is associated with the provision of compensation and benefits to employees or the establishment of restrictions, then the names of these positions, professions or specialties and qualification requirements for them are indicated in the employment contract with the employee in accordance with the qualification reference books approved in the manner prescribed by the Government of the Russian Federation. The Government of the Russian Federation Decree of October 31, 2002 N 787 "On the procedure for approving the Unified Tariff and Qualification Directory of Works and Professions of Workers, the Unified Qualification Guide for the Positions of Managers, Specialists and Employees" (SZ RF. 2002. N 44. Art. 4399) organization of development of these directories was instructed by the Ministry of Labor of Russia (currently - the Ministry of Health and Social Development of Russia) together with the federal executive authorities, which are entrusted with the management, regulation and coordination of activities in the relevant industry (sub-sector) of the economy. According to clause 1 of the said Decree, the Unified Tariff and Qualification Handbook of Works and Professions and the Unified Qualification Handbook of the Positions of Managers, Specialists and Employees should contain the qualification characteristics of the main types of work, depending on their complexity, as well as the requirements for professional knowledge and skills of employees. Currently, before the approval of new ones, there are: Qualification directory of positions of managers, specialists and other employees, approved. Decree of the Ministry of Labor of Russia of August 21, 1998 N 37, the Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS). Separate issues of ETKS were approved at different times by resolutions of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions. The general provisions of the ETKS were approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of January 31, 1985 N 31 / 3-30. The list of ETKS issues valid on the territory of the Russian Federation was approved by the Decree of the Ministry of Labor of Russia dated May 12, 1992 N 15a. The section "Qualification characteristics of the positions of employees of centers for standardization, metrology and certification authorized to exercise state control and supervision" of the Unified Qualification Directory for the positions of managers, specialists and employees was approved by the Decree of the Ministry of Labor of Russia dated January 29, 2004 N 5 (BNA RF. 2004. N 14) . Decree of the Ministry of Labor of Russia dated February 9, 2004 N 9 approved the Procedure for the Application of the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees (BNA RF. 2004. N 14);

3) date of commencement of work, i.e. day, month and year from which the employee is obliged to start performing his labor duties. The start date of work may coincide with the date of conclusion of the employment contract, if the parties have agreed on this, or the parties may agree that the employee will start work later. In any case, the exact date of commencement of work is indicated in the employment contract (see also comments to Article 61). If a fixed-term employment contract is concluded, then it indicates the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code or other federal law (see comments to Article 59);

4) terms of remuneration, incl. the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments. They are determined in accordance with the profession, position, qualification category and qualification category of the employee (see comments to Articles 132, 135). The specific amount of the tariff rate or official salary is indicated directly in the employment contract. As for the additional payments, allowances and incentive payments due to the employee (for example, for high qualifications, long work experience in the specialty, deviations from normal working conditions), they can be directly indicated in the employment contract or a reference can be made to the relevant regulatory a legal act or a collective agreement providing for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of these regulatory legal acts and the collective agreement against signature;

5) the regime of working time and rest time, if in relation to the employee with whom the employment contract is concluded, it does not coincide with the general regime of work and rest in force for this employer. For example, part-time or part-time working week, working only one shift in a multi-shift operation of the organization, dividing the working day into parts, establishing flexible working hours, providing an additional break during the working day or a day off from work during the week, providing additional in addition to the vacation provided for by law or other regulatory legal acts, the collective agreement (agreement);

6) compensation for hard work and work with harmful and (or) dangerous working conditions, as well as characteristics of working conditions at the workplace, if the employee is hired in accordance with the employment contract in appropriate conditions;

7) conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.). It should be noted that although Art. 57 does not directly provide for such a condition as the payment of compensation related to the performance of such work, it should be provided for in the employment contract. This is also in line with Art. 168.1, which provides that the amount and procedure for reimbursement of expenses associated with business trips of employees whose permanent work is carried out on the road or has a traveling character are established by a collective agreement, agreements, local regulations, and may also be established by an employment contract (see commentary to article 168.1);

8) a condition on compulsory social insurance, to which the employee is entitled in accordance with the Labor Code and other federal laws.

The list of mandatory conditions of the employment contract, provided for in Part 2 of Art. 57 is not exhaustive. Legislation and other normative legal acts containing labor law norms may provide for other conditions as mandatory conditions of an employment contract.

Having established that the terms of the employment contract listed in Part 2 of Art. 57 are mandatory, the legislator, however, in part 3 of the same article provides that the absence of any of these conditions in the employment contract is not a basis for terminating the employment contract or recognizing it as not concluded. If, at the conclusion of the employment contract, certain mandatory conditions were not included in it, then it must be supplemented with the missing conditions. In this case, 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.

4. Part 4 of Art. 57 provides for the possibility of including in the employment contract, along with mandatory additional conditions. The said norm does not establish an exhaustive list of additional conditions of the employment contract and indicates only some possible conditions. At the same time, it establishes a general rule according to which additional terms of an employment contract cannot worsen the position of an employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.

Among the additional conditions that the parties may include in the employment contract at their discretion, Part 4 of Art. 57 refers to the following:

about specifying the place of work (for example, about a specific structural unit of the organization and its location) or about a specific workplace (for example, about a specific mechanism, unit);
on probation with an indication of the specific period of probation (see commentary to Art. 70);
on non-disclosure of legally protected secrets (state, official, commercial and other). When including such a condition in an employment contract, the following must be taken into account.

State secrets are the most important information provided for in special lists, the disclosure of which can cause significant harm to the interests of Russia. According to part 4 of Art. 29 of the Constitution of the Russian Federation, the list of information constituting a state secret is determined by federal law. Currently, such a list is provided for in Art. 5 of the Law on State Secrets. In development of the said Law, Decree of the President of the Russian Federation of November 30, 1995 N 1203 "On approval of the List of information classified as state secrets" (SZ RF. 1995. N 49. Art. 4775) approved the List of information classified as state secrets.

An employment contract with persons who, due to the nature of the work performed, will have access to state secrets, is concluded only after obtaining an admission in the appropriate form in the prescribed manner.

The admission of citizens to state secrets is carried out on a voluntary basis and provides for certain restrictions and additional obligations for them, including:

assuming obligations to the state for non-dissemination of information entrusted to them, constituting a state secret;
consent to partial temporary restrictions on their rights in accordance with Art. 24 of the Law on State Secrets;
written consent to conduct verification activities in relation to them by the authorized bodies;
familiarization with the norms of the legislation of the Russian Federation on state secrets, providing for liability for its violation.

Mutual obligations of the employer and the registered person are reflected in the employment contract (see clauses 3, 4 of the Instructions on the procedure for admitting officials and citizens of the Russian Federation to state secrets, approved by Decree of the Government of the Russian Federation of October 28, 1995 N 1050 // СЗ RF, 1997, N 43, item 4987).

An official secret is information, access to which is limited by public authorities in accordance with the Civil Code and federal laws (see Decree of the President of the Russian Federation of March 6, 1997 N 188 "On approval of the List of confidential information" // SZ RF. 1997. N 10 1127).

The concept of a commercial secret and the legal means of its protection are provided for by the Law on Commercial Secrets.

In accordance with it, a trade secret is a regime of confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits. Information constituting a commercial secret (production secret) - information of any nature (production, technical, economic, organizational, and others), incl. about the results of intellectual activity in the scientific and technical field, as well as information about the methods of carrying out professional activities that have actual or potential commercial value due to their unknown to third parties, to which third parties do not have free access on a legal basis and in respect of which the owner of such information, a trade secret regime was introduced (Article 3 of the said Law).

According to Art. 4 of the Law on Trade Secrets, the right to classify information as information constituting a trade secret, and to determine the list and composition of such information belongs to the owner of such information, subject to the provisions of the said Law. The list of information constituting the commercial secret of an organization is determined by the head of this organization. However, when determining such a list, he is obliged to take into account the provisions of laws or other regulatory legal acts that provide for information that cannot constitute an official or commercial secret.

In accordance with Art. 5 of the Law on Trade Secrets, such information includes information:

a) contained in the constituent documents of a legal entity, documents confirming the fact of making entries about legal entities and individual entrepreneurs in the relevant state registers;
b) contained in the documents giving the right to carry out entrepreneurial activities;
c) on the composition of the property of a state or municipal unitary enterprise, state institution and on the use by them of the funds of the relevant budgets;
d) on environmental pollution, the state of fire safety, the sanitary-epidemiological and radiation situation, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of each citizen and the safety of the population as a whole;
e) on the number and composition of employees, the system of remuneration, on working conditions, incl. on labor protection, on indicators of industrial injuries and occupational morbidity, and the availability of vacancies;
f) employers' arrears in payment of wages and other social benefits;
g) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for committing these violations;
h) on the terms of tenders or auctions for the privatization of objects of state or municipal property;
i) on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenses, on the number and wages of their employees, on the use of unpaid labor of citizens in the activities of a non-profit organization;
j) on the list of persons entitled to act without a power of attorney on behalf of a legal entity;
k) the mandatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

In accordance with Art. 19 of the Federal Law of August 11, 1995 N 135-FZ "On charitable activities and charitable organizations" (SZ RF. 1995. N 33. Art. 3340) information about the size and structure of income of a charitable organization cannot be a commercial secret, as well as information about the size of its property, its expenses, the number of employees, their pay and the involvement of volunteers.

According to Art. 32 of the Law on Non-Commercial Organizations, information on the size and structure of the income of a non-commercial organization, the composition of the property of a non-commercial organization, its expenses, the number and composition of employees, their remuneration, the use of unpaid labor of citizens in the activities of a non-commercial organization cannot be the subject of a trade secret.

Other secrets protected by law include information on:

about the facts, events and circumstances of the private life of a citizen, allowing to identify his personality (personal data), with the exception of information to be disseminated in the media mass media in cases established by federal laws;
constituting the secrecy of the investigation and legal proceedings, as well as information about protected persons and measures of state protection, carried out in accordance with the Federal Law of August 20, 2004 N 119-FZ "On State Protection of Victims, Witnesses and Other Participants in Criminal Proceedings" (SZ RF. 2004. N 34. Art. 3534) and other normative legal acts of the Russian Federation;
related to professional activities, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws (medical, notarial, lawyer secrets, correspondence, telephone conversations, postal items, telegraphic or other messages, etc.);
on the essence of an invention, utility model or industrial design before the official publication of information about them (Decree of the President of the Russian Federation of March 6, 1997 N 188 "On Approval of the List of Confidential Information").

The condition on non-disclosure of state, official, commercial and other secrets protected by law may be provided for in an employment contract only with such an employee to whom information constituting such a secret becomes known in connection with the performance of his labor function.

In this regard, the employment contract or an annex to it must clearly indicate what specific information containing state, official, commercial or other legally protected secrets is entrusted to this employee;

4) on the obligation of the employee to work after training for at least the period established by the contract.

This condition may be included in an employment contract only if the same contract, an annex to it or a separate special contract contain a condition on the employer's obligation to pay for the employee's training. At the same time, it does not matter where the employee will be trained - in a special educational institution, in another organization or directly in the organization with which the employment contract is concluded;

5) among the possible additional conditions of the employment contract, the commented norm also names such conditions as additional insurance for the employee and improvement of the social and living conditions of the employee himself and his family members. Such conditions, in particular, can be: voluntary medical or pension insurance, provision of an apartment, dacha, provision of vouchers to rest houses and sanatoriums, etc.;

6) in the employment contract, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms may be specified. When agreeing on such conditions, it is necessary to take into account the general rule formulated in Part 2 of Art. 9 of the Labor Code: "Collective agreements, agreements, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, they are not applicable.

5. Part 5 of the commented article allows for the possibility, by agreement of the parties, to include in the content of the employment contract those rights and obligations of the employee and the employer that are 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. Obviously, in this case we are talking about those rights and obligations that are the most fundamental and important for the parties, and the parties would like to pay special attention to them. It hardly makes sense to rewrite in the employment contract all the rights and obligations of the employee and the employer, provided for by these regulations. This will make the text of the employment contract too voluminous and difficult to perceive. Moreover, the non-inclusion in the employment contract of any of the specified rights and (or) obligations of the employee and the employer, as provided for by the commented norm, cannot be considered as a refusal to exercise these rights or fulfill these obligations.

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

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 authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an 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;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;

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 this Code or other federal law;

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

guarantees and compensations 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 work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;

on additional non-state pension provision for an employee.

The provisions of Article 57 of the Labor Code of the Russian Federation are used in the following articles:

Features of concluding and changing the terms of an employment contract on remote work
In an employment contract on remote work, in addition to additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations (part four of Article 57 of the Labor Code of the Russian Federation), it may be provided an additional condition on the obligation of a remote worker to use, in the performance of his duties under an employment contract on remote work, equipment, software and hardware, information security tools and other means provided or recommended by the employer.
Features of concluding an employment contract with an employee who is a foreign citizen or stateless person
Along with the information provided for by part one of Article 57 of the Labor Code of the Russian Federation, an employment contract with an employee who is a foreign citizen or stateless person shall contain information about:
Documents presented by a foreign citizen or stateless person when applying for a job
A work permit may be presented by a foreign citizen or stateless person to an employer after they conclude an employment contract, if the employment contract concluded and executed in accordance with the Labor Code of the Russian Federation is necessary for obtaining a work permit. In this case, the employment contract enters into force no earlier than the day the foreign citizen or stateless person receives a work permit, and information about the work permit is entered into the employment contract in the manner prescribed by part three of Article 57 of the Labor Code of the Russian Federation.
Features of concluding employment contracts with athletes, with coaches
In addition to the conditions established by part two of Article 57 of the Labor Code of the Russian Federation, the following conditions are mandatory for inclusion in an employment contract with an athlete:

PART III. SECTION I II . LABOR CONTRACT
Chapter 10. GENERAL PROVISIONS

Article 5 7. Content of the employment contract

The employment contract specifies:
last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
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 authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an 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;
labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If, in accordance with federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved by the in the manner established by the Government of the Russian Federation;
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 this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);
compensation for hard work and 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 work (mobile, traveling, on the road, other nature of work);
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If at the conclusion of the 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 terminating it. 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.
The employment contract may provide for additional conditions that do not worsen the position of the employee compared to the established one.
labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
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 the 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 the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations..

Comment .
1. The content of the employment contract is the conditions that determine the rights and obligations of its parties - the employee and the employer. In addition, the employment contract contains information that determines the formal side of its conclusion. The indication in the employment contract of certain information, the inclusion in it of the conditions on which the parties have reached an agreement, is of great legal importance for the subsequent determination of the legal consequences in connection with the execution of the employment contract, amendments to it or termination.
2. In addition to the conditions that determine the rights and obligations of the parties, the employment contract contains information that allows you to determine the formal, but no less important, aspects of the employment contract: identification of the parties, their powers, date and place of conclusion of the employment contract. Unlike the terms of an employment contract, the parties do not agree on information, but state facts that are of significant legal significance for the emergence of an employment relationship. So, for example, with the date of signing by the parties of the employment contract, the law connects the moment of its entry into force, which also allows you to determine the date of commencement of work, if for some reason it was not determined by the parties in the text of the employment contract (see Article 61 of the Labor Code of the Russian Federation and comment on it).
The amendments made to the commented article significantly expanded the list of information contained in the employment contract by including information about the documents proving the identity of the employee and the employer - an individual, about the representative of the employer who signed the employment contract, the place and date of the conclusion of the employment contract, about the identification tax number for certain employers.
First of all, Art. 57 of the Code obliges to include in the employment contract information that makes it possible to clearly identify the parties to the employment contract. For an employee or employer - an individual (including an individual entrepreneur), such information is a surname, name, patronymic, and for an employer - a legal entity (organization) - its name.
The surname, name, patronymic of the employee (employer - an individual) are indicated in strict accordance with the document proving his identity. The name of the legal entity is contained in its constituent documents. Some organizations provide for the full and abbreviated names in the constituent documents. We believe that in order to more accurately identify the employer, the employment contract should indicate the full name of the legal entity, indicating its organizational and legal form (open (closed) joint stock company, limited liability company, federal state (municipal) unitary enterprise, etc.).
The mandatory information specified in the employment contract includes information about the document proving the identity of the employee and the employer - an individual.
The main document proving the identity of a citizen of the Russian Federation is the passport of a citizen of the Russian Federation, which all citizens of the Russian Federation who have reached the age of 14 and reside on the territory of the Russian Federation are required to have (clause 1 of the Regulations on the passport of a citizen of the Russian Federation, approved by a decree of the Government of the Russian Federation dated 07/08/1997 No. 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation”). If it is impossible to present a passport, the identity of the employee can be certified by other documents. (For more information about them, see Article 65 of the Labor Code of the Russian Federation and the commentary to it.)
It is sufficient to indicate in the employment contract the name and details (series, number, date of issue, name of the body or organization that issued this document) of the document, in accordance with which the last name, first name, patronymic of the employee or employer - an individual are indicated in the employment contract.
An additional way to individualize the employer is to indicate his taxpayer identification number in the employment contract. In accordance with the Procedure and conditions for assigning, applying, as well as changing the taxpayer identification number when registering, deregistering legal entities and individuals, approved. By order of the Ministry of Taxation of Russia dated 03.03.2004 No. BG-3-09 / 178, all legal entities and individual entrepreneurs are assigned a taxpayer identification number (the so-called TIN), which is a ten-digit (for legal entities) or twelve-digit (for individuals) digital code . TIN is assigned by the tax authority at the location of the legal entity (or at the place of residence of an individual entrepreneur) and is indicated in the certificate of tax registration with the tax authority.
The employment contract is not required to indicate the TIN of the employer - an individual who does not have the status of an individual entrepreneur.
In connection with frequent disputes about the lack of authority of the representative of the employer who signed the employment contract with the employee to perform such legal actions, the new version of Art. 57 of the Code provides for the indication in the employment contract of information about the representative of the employer who signs the employment contract on behalf of the employer, and his powers.
In accordance with the explanations of the Plenum of the Armed Forces of the Russian Federation, set out in Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, the representative of the employer is a person who, in accordance with the law, other regulatory legal acts, constituent documents of a legal entity ( organization) or local regulations or by virtue of an employment contract concluded with this person is empowered to hire employees (clause 12).
The legislator does not specify how much information about the representative of the employer who signed the employment contract is sufficient. We believe that it is appropriate to indicate the surname, name, patronymic of the representative, his position and the details of the document containing the relevant powers of the representative.
As a rule, employment contracts on behalf of the organization are concluded by its head, who, in accordance with the charter, manages the activities of the organization. Therefore, in order to conclude an employment contract, it is sufficient, as a rule, for the head of an organization to make a reference to the charter of the organization in confirmation of his authority in the employment contract.
There are frequent cases when the head of an organization delegates the authority to conclude employment contracts with employees to his deputies, heads of branches, representative offices and other officials. In this case, the powers of officials can be confirmed by an order (instruction) of the head of the organization (and for the heads of branches and representative offices, also by a power of attorney), which provides for the right of these persons to conclude labor contracts with employees. The employment contract concluded with the employee should indicate the surname, name, patronymic of the official, the name and details (date, number) of the document confirming the authority.
The legislation also provides for the possibility of managing a legal entity by another commercial organization (managing organization) or an individual entrepreneur (manager) (Article 103 of the Civil Code of the Russian Federation, Article 69 of the Federal Law of December 26, 1995 No. Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies”). In such cases, when concluding an employment contract with persons hired, one should indicate the last name, first name, patronymic of the manager or official of the managing organization, the name of the managing organization, as well as the details of the contract (number, date of conclusion), on the basis of which the manager or managing organization, and details of the document (date, number) confirming the authority of the official of the managing organization.
The employer - an individual concludes an agreement on his own behalf, however, the legislation does not limit the possibility of entrusting him, on the basis of a power of attorney, to another person with the duties of hiring employees on his behalf.
New edition of Part 1 of Art. 57 of the Labor Code of the Russian Federation also obliges to fix in the employment contract the place and date of its conclusion. An indication of the place of conclusion of an employment contract is of great legal importance in a situation where, for example, the location of the employer has not been determined by the parties. In this case, the place of conclusion of the employment contract may indirectly indicate the place (settlement) of the performance of labor duties, which, in turn, may be important when deciding whether to apply the legislation of a constituent entity of the Russian Federation to labor relations, resolving the issue of transferring an employee in connection with relocation of the employer to another area, etc.
The date of conclusion of an employment contract is of particular legal importance, since in certain cases the law associates with it the determination of the date of commencement of work (see Article 61 of the Labor Code of the Russian Federation and commentary thereto).
3. The commented article subdivides all the terms of the employment contract into two groups: mandatory for inclusion in the employment contract and additional. It should be noted that in the previous version of Art. 57 of the Code, there was a distinction between the terms of an employment contract into essential and others. Law enforcement practice has demonstrated the inconvenience of applying such a division of the terms of an employment contract, since such a construction, essentially a civil law one (see Article 432 of the Civil Code of the Russian Federation), made it possible to raise the issue of recognizing an employment contract as not concluded in the absence of at least one of the essential conditions of the employment contract (for example about compensation for
hard work and work with harmful and (or) dangerous working conditions), which, in turn, did not contribute to the stability of labor relations.
Mandatory conditions for inclusion in an employment contract (hereinafter referred to as mandatory conditions) must be contained in any employment contract. Their list is determined by Part 2 of Art. 57 of the Code. The inclusion in the employment contract of one or another mandatory condition is necessary if such a condition characterizes the content of the employment relationship, about which the employment contract is concluded. For example, the clause of an employment contract on compensation for hard work and work with harmful and (or) dangerous working conditions should be included in the employment contract only if the employee is hired under these conditions. At the same time, in the specified list of mandatory conditions, it is possible to single out such conditions that are inherent in each employment contract and their presence is necessary in any employment contract. Such conditions include place of work, labor function, conditions of remuneration.
Failure to reach agreement between the parties on the mandatory conditions may lead to the failure to conclude an employment contract as a whole. However, the failure by the parties to enter certain mandatory conditions into the concluded employment contract is not a basis for recognizing such an employment contract as not concluded or for terminating it. The employment contract must be supplemented with missing information and (or) conditions (part 3 of article 57 of the Labor Code of the Russian Federation).
Additional conditions are not mandatory to be included in every employment contract. Additional terms of the employment contract are established by agreement of the parties, while any party (employee or employer) can initiate the inclusion of a particular condition. At the same time, failure by the parties to reach agreement on at least one of the initiated conditions may be a reason for not concluding an employment contract as a whole.
An approximate list of additional conditions of the employment contract is given in part 4 of the commented article. The parties have the right to provide in the concluded employment contract any conditions from those contained in the specified list, as well as other conditions. However, it should be borne in mind that the law does not allow the introduction of conditions into the employment contract that worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations. The absence of additional conditions in the employment contract does not give rise to the obligation of the parties to supplement it, however, if in the future it becomes necessary to make them, the parties have the right to do this at any time by drawing up an appendix or additional agreement to the employment contract in writing.
After the conclusion of the employment contract, all the conditions included in it (mandatory and additional) have equal legal force and are binding on the parties to the employment contract.
4. Among the mandatory conditions for inclusion in the employment contract, Art. 57 of the Code refers, first of all, to the place of work. As a general rule, the place of work is understood as the employer itself, to which the employee is hired. This may be an organization, an individual entrepreneur or an individual who is not an individual entrepreneur (if the employment contract is concluded for the purpose of personal service and household assistance).
The law does not oblige to indicate in the employment contract the specific location of the employer, however, an indication that the employer is located on the territory of the corresponding administrative-territorial unit seems necessary, since the employer’s relocation to another locality is considered by the legislator in relation to labor relations with an employee as a transfer of an employee for another job and requires the written consent of the employee (Article 721 of the Labor Code of the Russian Federation). The specific location of the employer - a legal entity is determined by the place of its state registration (Article 54 of the Civil Code of the Russian Federation), and for the employer - an individual, including an individual entrepreneur, - the place of residence.
New edition of Art. 57 of the Code does not provide for the obligation of the parties to include in the employment contract a clause on the structural unit (department, workshop, site, etc.) in which the employee will work. This condition is optional.
Along with this, the obligation to clarify the place of work in the employment contract remains in relation to work in a branch, representative office or other separate structural unit of the organization located in another locality. In this case, the parties indicate in the employment contract not only the employer - a legal entity, but also the name of its separate structural unit and location (city, town or other settlement).
One of the mandatory conditions of an employment contract is an indication of the employee's labor function. Article 15 of the Code defines the labor function of an employee as work according to the position in accordance with the staff list, profession, specialty, indicating qualifications or a specific type of work assigned to the employee.
The position of the employee determines the range of his duties and rights in accordance with the place and role of the employee in the organization. The name of the position in the employment contract must correspond to the name of this position in the staff list. The staffing table is a local regulatory act of the employer, which defines the list of positions, information on the number of staff units, tariff rates (salaries), allowances, etc. accounting documentation for the accounting of labor and its payment” (form T-3).
The specialty determines the type of professional activity of the employee, improved as a result of special training; area of special knowledge (for example, an engineer for labor protection, an orthodontist, a turner-borer). Qualification should be understood as the level of preparedness, skill, professional skills necessary to perform work in a particular specialty or position. Qualification is determined by rank, class and other qualification categories.
The commented article obliges to indicate in the employment contract the names of positions, professions, specialties and qualification requirements for them in strict accordance with the names and requirements specified in special qualification reference books approved in the manner established by the Government of the Russian Federation, in all cases when federal law provides for the provision of compensation and benefits or the presence of restrictions in connection with the performance of work in certain positions, professions and specialties. For example, employees working in harmful working conditions, whose professions and positions are provided for in the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, have the right to additional leave and a shorter working day, approved Decree of the State Committee for Labor of the USSR No. 298 and the Presidium of the All-Union Central Council of Trade Unions No. P-22 of 10/25/1974. Employees performing work in professions (positions) included in the Lists of industries, jobs, professions, positions and indicators that give the right to preferential pension provision are entitled to preferential pension provision, approved. Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10. In all cases of performing the specified work, the names of professions and positions of employees must correspond to the names indicated in these lists.
In addition, the Qualification Directory for the positions of managers, specialists and other employees is currently being used, approved. Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37, and the Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS). These documents approved the qualification characteristics of types of work, professions and positions corresponding to the level of knowledge, skills and qualifications. The Unified Tariff and Qualification Reference Book of Works and Professions of Workers is a collection of individual industry issues approved at different times. The general provisions of the ETKS were approved by the Decree of the State Committee for Labor of the USSR No. 31 and the Secretariat of the All-Union Central Council of Trade Unions No. 3-30 dated January 31, 1985 “On Approval of the “General Provisions of the Unified Tariff and Qualification Handbook of Works and Professions of Workers of the National Economy of the USSR”, section “Professions of workers common to all sectors of the national economy economy” of the Unified Tariff and Qualification Directory of Works and Professions of Workers, Issue 1. The list of issues of ETKS valid on the territory of the Russian Federation was approved by the Decree of the Ministry of Labor of Russia dated 05/12/1992 No. 15a “On the application of existing qualification reference books for jobs, professions of workers and positions of employees at enterprises and organizations located on the territory of Russia”, which must be applied with adjustments to those adopted later ETCS releases. The procedure for applying the Unified Qualification Handbook for the positions of managers, specialists and employees was approved by the Decree of the Ministry of Labor of Russia dated February 9, 2004 No. 9. In accordance with the Decree of the Government of the Russian Federation dated October 31, 2002 No. 787, the Ministry of Labor of Russia (now the Ministry of Health and Social Development of Russia), together with the federal executive authorities development of new directories - the Unified Tariff and Qualification Directory of Works and Professions of Workers and the Unified Qualification Directory for the Positions of Managers, Specialists and Employees.
The employment contract must define a specific day from which the employee is obliged to start performing labor duties - the date of commencement of work. The dates of the conclusion of the employment contract and the start of work may coincide or have a time gap. As a rule, the date of conclusion precedes the date of commencement of work, however, in practice there are cases when an employment relationship arises before the execution of an employment contract (for example, when an employee is actually admitted to work with the knowledge or on behalf of the employer or his representative (see Article 67 of the Labor Code of the Russian Federation and commentary on it. In this case, the employment contract simultaneously indicates the actual date of signing by the parties of the employment contract and the date of the actual start of work. When the parties conclude an employment contract for a certain period, it is necessary to indicate in its text the duration of the employment contract, as well as the reason that served as the basis for setting the period. The list of grounds that allow the conclusion of a fixed-term employment contract is contained in Art. 59 of the Code, is exhaustive and cannot be supplemented by the parties at their discretion. (For more information on the procedure for concluding fixed-term employment contracts, see Articles 58, 59 of the Labor Code of the Russian Federation and comments thereto.)
When specifying the terms of remuneration in the employment contract, it is necessary to determine the remuneration of the employee for his work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed by him. Remuneration is formed on the basis of the tariff rate, official salary (base salary - for public sector employees), additional payments and allowances of a compensatory and incentive nature in accordance with the collective agreement, agreement, local regulations of the employer, labor legislation and other regulatory legal acts. The employment contract indicates the amount of the tariff rate or official salary (base salary). The law does not require an indication in the employment contract of a specific amount of additional payments, allowances and incentive payments, however, a listing of the types of additional payments, allowances and incentive payments to which the employee is entitled is still necessary in the employment contract. At the same time, the employee should be familiarized with the provisions of the legislation of the Russian Federation, the collective agreement, agreement, local regulatory act of the employer, which determine the procedure and conditions for their payment. (For more information on wages, see Articles 129–158 of the Labor Code of the Russian Federation and comments thereto.)
As a rule, the working regime and rest time of employees is established by the internal labor regulations approved by the employer. In an employment contract concluded with an employee, the mode of work and rest must be indicated if it differs for this employee from the general rules in force for this employer. For example, part-time work or part-time work week, flexible (flexible) schedule, provision of an additional break during the working day, etc.
Compensation for hard work and work with harmful and (or) dangerous working conditions are included in the employment contract if the employee is hired under the relevant conditions, and are established on the basis of the results of the workplace attestation. The amount of compensation is determined by laws and other regulatory legal acts, an agreement, a collective agreement, a local regulatory act of the employer. Types of compensation for hard work and work with harmful and (or) dangerous working conditions are specified in the employment contract. Their specific size can be determined directly in the employment contract or it can refer to the legislation of the Russian Federation, the collective agreement, agreement or local regulatory act of the employer regulating this issue. At the same time, the employee should be familiarized with their content.
The employment contract should also indicate the characteristics of working conditions at the workplace in accordance with the results of the workplace attestation. (For more information about compensation for hard work and work with harmful and (or) dangerous working conditions, see Articles 147, 219 of the Labor Code of the Russian Federation and comments thereon.) An indication in the employment contract of the conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, a different nature of work), allows not only to specify the employee’s labor duties, but also to determine the amount of guarantees and benefits to which the employee is entitled in connection with the performance of this kind of work in certain legislation of the Russian Federation, agreement, collective agreement, local regulations of the employer cases.

Labor Code, N 197-FZ | Art. 57 of the Labor Code of the Russian Federation

Article 57 of the Labor Code of the Russian Federation. Contents of the employment contract (current version)

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

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 authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on additional non-state pension provision for an employee.

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Commentary on Art. 57 of the Labor Code of the Russian Federation

1. In accordance with the commented article, the content of the employment contract can be conditionally divided into three parts. The first part contains information characterizing the employee and the employer; the second - the mandatory terms of the employment contract and the third - the terms of the employment contract, which the parties may, at their discretion, establish or not establish.

2. According to Part 1 of Art. 57 in the employment contract, information about the employee and the employer is indicated.

Information about the employer includes its full name, containing an indication of the legal form, location and postal address of the organization.

In accordance with paragraph 2 of Art. 54 of the Civil Code of the Russian Federation, the location of a legal entity is determined by the place of its state registration. State registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body - another body or person entitled to act on behalf of the legal entity without a power of attorney.

The postal address of the organization determines its actual territorial location, i.e. postal code, name of the city, town, street name and house (building) number.

In accordance with Art. 57, the employment contract must also contain information about the representative of the employer who signed the employment contract (last name, first name, patronymic of the head of the organization (director, general director) or other person authorized to represent the employer in labor relations), and the basis by virtue of which he is endowed with the appropriate powers (constituent documents of a legal entity (organization), local normative act, job description, power of attorney, etc.).

All stipulated by Part 1 of Art. 57 information about the employee and the employer must be included in the content of the employment contract. At the same time, it should be borne in mind that, according to part 3 of the commented article, the absence in the employment contract of one or another information from among the information to be included in the employment contract is not in itself a basis for terminating the employment contract or recognizing it as not concluded. If at the conclusion of the employment contract any of this information was not included in it, then it must be supplemented with the missing information. The missing information is entered directly into the employment contract by the employer on the basis of relevant documents.

The employment contract also indicates the place and date of its conclusion.

3. Part 2 of Art. 57 provides for the conditions that are mandatory for inclusion in an employment contract.

These include:

1) place of work, which is understood as a specific organization - a legal entity that has its own name. If an employee is hired by a branch or representative office of a legal entity or other separate structural subdivision of an organization located in another locality, the employment contract shall indicate as its own name of the branch or representative office (other separate structural unit), its postal address (name of the settlement, street name , building number), and the full name of the legal entity whose structural unit is a branch, representative office or other separate structural unit located in another locality;

2) the labor function of the employee, which consists in performing work in the relevant position in accordance with the staffing table or in a certain profession or specialty, indicating qualifications, or in performing a specific type of work assigned to the employee. The law does not say anything about what should be understood as a specific type of work. Obviously, we are talking about work that does not fit (does not fit) into the content of work in a particular position, profession or specialty. In this regard, a specific type of work entrusted to an employee may constitute the content of the labor function both in itself and along with work in a particular position, profession or specialty.

A position is an established set of duties and rights corresponding to them, which determines the place and role of an employee in an organization.

Concluding that the institution was guilty of violating labor legislation, the officials of the Inspectorate, referring to the provisions of articles 15, 74, part 2 of article 57 of the Labor Code of the Russian Federation, indicated that when the name of the employee's position is changed, his labor function, defined by the employment contract, changes, which in in accordance with Article 74 of the said Code is unacceptable ...

Decision of the Supreme Court: Decree N 84-AD17-1, Judicial Collegium for Administrative Cases, supervision

For the commission of the listed violations, the general director of the company Tyan I.V. brought to administrative responsibility under part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation (as amended by Federal Law No. 421-FZ of December 28, 2013). In accordance with Article 57 of the Labor Code of the Russian Federation (as amended by the Federal Law of December 28, 2013 No. 421-FZ), the following conditions are mandatory for inclusion in an employment contract: the date of commencement of work ...

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The employment contract specifies:

Surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;

Information about the documents proving the identity of the employee and the employer - an individual;

Taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

Information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is vested with the appropriate authority;

Place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

Place of work, and in the case when an 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;

Labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;

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 this Code or other federal law;

Terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

The mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

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 work (mobile, traveling, on the road, other nature of work);

working conditions at the workplace;

Condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

Clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;

About the test;

On non-disclosure of legally protected secrets (state, official, commercial and other);

On the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

On the types and conditions of additional employee insurance;

On improving the social and living conditions of the employee and his family members;

On clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;

On additional non-state pension provision for an employee.