Individual contract in labor law. Collective agreement. Invitation to negotiate

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1. The concept and content of an individual labor contract

Individual employment contract there is a written agreement between the employee and the employer, according to which the employee undertakes to perform a certain labor function (work in a certain specialty, qualification or position) with subordination to the internal labor schedule, and the employer undertakes to pay the employee wages in a timely manner and in full and to ensure normal working conditions.

Currently, of all the forms of realization of the right of citizens to work, the labor contract should be recognized as the main form, since it is he who best meets the needs of market labor relations based on the hired nature of labor.

Along with the concept of an individual labor contract (hereinafter ITD), the so-called “contract” was recognized. In a broad sense, a contract is any contract, any agreement between equal parties (subjects). In this sense, the contract is universally applied in the field of entrepreneurial and other activities and is associated with the norms of various branches of law.

In the field of labor relations, the concept of "contract" is applied in a narrower, specific sense, it is considered as a special form of an employment contract. A contract differs from an ordinary labor contract in that the terms of an individual labor contract cannot go beyond the law. The content of the contract may contain conditions that are not provided for by law. For example, under the terms of the contract, it may be provided that upon reaching the agreed conditions, the employee will be provided with an apartment, a car, a place in kindergarten, the conditions of his dismissal, etc., can be specially negotiated. Contracts are usually concluded with managers large enterprises, with athletes, cultural workers, with teachers, etc.

Article 9 of the Law of the Republic of Kazakhstan “On Labor in the Republic of Kazakhstan” Content of an individual labor contract.

An individual labor contract must contain:

1) details of the parties:

Full name of the employer - legal entity and its location, number and date state registration constituent documents of the employer - a legal entity;

Surname, name, patronymic (if indicated in the identity document) and the position of the employer (his representative), and in the case when the employer is an individual, then the address of his permanent residence, name, number and date of issue of the document proving his identity ;

Surname, name, patronymic (if indicated in the document proving his identity) of the employee, name, number, date of issue of the document proving his identity; social number individual code (SIK), registration number taxpayer (RNN);

2) labor function (work in a specific position, specialty, profession);

3) the term of the individual labor contract;

4) the date of commencement of implementation job responsibilities;

5) characteristics of working conditions, guarantees and compensation

an employee for hard physical work or work in harmful or dangerous conditions;

6) working hours and rest hours;

7) terms of remuneration and labor protection;

8) the rights and obligations of the employer;

9) the rights and obligations of the employee;

10) the procedure for amending, terminating and prolonging the individual labor contract;

11) the procedure for paying compensation and providing guarantees;

12) responsibility of the parties;

2. By agreement of the parties, other conditions may also be included in the individual labor contract.

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The current provisions of the Labor Code of the Russian Federation, namely Article 56, establish provisions regarding the main functions of an employment contract, as well as other aspects related to this document. In the following articles, special attention is paid to the rules for its design.

The direct signing of the contract by the parties should always be preceded by a preliminary acquaintance of the future employee with all internal acts in force in specific organization... This action is the direct responsibility of the employer.

Individual labor contract

In order for a formal relationship to arise between the employer and the new employee, the parties must sign a properly drawn up employment contract. It is this document that will secure the rights of both parties to these relations in accordance with the applicable law.

In relation to an employee, as a rule, the following duties are established: to carry out their professional duties properly, to comply with the norms and internal regulations in force in the team. The employer, in turn, undertakes to create the most favorable working conditions for the employee, to provide everyone necessary equipment and pay salaries due regularly.

An employment contract is always personal document, that is, it is concluded with a specific citizen. You cannot apply for employment through a representative or through another responsible person.

The subject of the contract will be the execution itself professional responsibilities, regardless of the exact form in which they are expressed.

The individual labor contract must necessarily include all conditions, one way or another concerning the future labor activity specific person. Moreover, these conditions can be divided into two main types: mandatory and optional.

Mandatory conditions

These include the following provisions:

about the essence of future work;
about the position to which a specific employee enters, with its full name;
about the features of the location of the workplace and other relevant nuances;
on the validity period of this document signed by the parties.

An employee contract may have an exact expiration date. In this case, it will be considered urgent. The maximum validity period for such a document is 5 years.

The conclusion of a fixed-term employment contract is not always possible, but only in some cases:

If the work is seasonal and is performed at a certain time of the year, while in another period it is not necessary to perform it.
If the main reason for employing an employee was to replace a temporarily absent employee in a specific position.

In the event that the content of the contract does not say anything about the end date of its validity period, it is considered indefinite. This document can be terminated at any time, but already by agreement of the parties, or unilaterally, if there are appropriate grounds.

If the employer has entered into a fixed-term employment contract with an employee in the absence of appropriate grounds for this, his actions will be recognized as illegal. In this case, the court may order him to conclude termless contractand also establish a certain fine as a punishment.

Additional terms included in the contract

Additional conditions, which are sometimes included in the contract, are information that does not directly relate to the procedure for work and relevant aspects... These conditions include data on the provision of housing to employees, an indication of additional payments that are due to certain employees, etc.

At the same time, an important nuance is the fact that all additional conditions should never worsen the employee's current situation or violate his legal rights.

Others important conditions, which should also be indicated in the contract, include the following:

full information about the employee - his full name, residence address, as well as about the employer - his full name, residence address, grounds for having the appropriate powers;
the place where the employment contract was signed, as well as the date of its signing.

The last stage of the contract execution is always the signing of both parties. Without this step, the document will not have full legal force.

Collective labor agreement

The peculiarities of the collective agreement are that it can be concluded between a whole team of employees and their immediate supervisor. The main purpose of signing this document is also to establish the rights and obligations of the parties in an official manner.

It is these representatives who must develop the necessary provisions of the treaty, which will comply with the current norms and the current procedure.

The provisions of the collective agreement, as well as of the individual, should never violate the rights and legitimate interests employees. As a rule, this document includes the establishment of the following obligations:

ensuring timely payment of labor;
provision of additional payments and compensations to certain categories of employees;
regular revision of the current amount of wages, depending on the general state of the economy in the state, as well as on other additional factors;
compliance with applicable rules for the regular provision of paid leave;
providing assistance in training new employees or upgrading the qualifications of already experienced employees;
compliance with established standards for work on weekends and official holidays.

At the request of the parties, an unlimited amount of additional information can be entered into the contract, if there is such a need. At the same time, absolutely every employee before employment must be thoroughly familiar with the current collective agreement and its main provisions.

Unlike an individual one, the conclusion of a collective agreement is not the responsibility of the employer. This is done, rather, for the convenience of recording all the important nuances of the work of a particular organization. In most cases, this practice is used in fairly large institutions or enterprises.

The main differences

Despite their obvious similarity, individual and collective labor contracts still have significant differences between themselves. Collective agreement can be concluded with the entire team at once, while an individual one involves signing it exclusively by the employer and one employee.

An individual labor contract can be both fixed-term and indefinite, while a collective document can be valid for no more than three years, after which it becomes necessary to renegotiate it further.

The employer's ignorance of the obligation to conclude an individual labor contract with a new employee may entail the establishment of certain liability for violation of the mandatory requirements of the state.

The absence of a collective agreement in the organization does not pose any danger to the employer and employees, since the presence of such a document is more a desire than an obligation.

An individual labor contract always contains the most obligatory and necessary provisions, including both the rights of the parties and their basic obligations. The collective agreement is drawn up rather in the interests of employees, to provide them with additional benefits and certain privileges.

Individual and collective labor contracts are important documents that are directly related to the labor activity of a particular organization. Therefore, their compilation should be treated with the utmost responsibility. None of the provisions of these two documents should contradict the applicable labor laws, as well as other laws and regulations.

Individual labor contract in labor relations belongs to the main legal normative document... Its legal force and social significance are primarily due to the Constitution of the Republic of Kazakhstan. In world practice, an employment contract is a generally recognized and legally the most effective form of realizing freedom, abilities, needs and interests of a person in the field of labor relations.

An individual labor contract is a bilateral agreement between an employee and an employer, made in writing, according to which the employee undertakes to perform work in a certain specialty, qualification or position with subordination to the internal labor schedule, and the employer undertakes to timely and in full pay the employee wages and other monetary payments stipulated by the legislation and agreement of the parties, to ensure the working conditions stipulated by the labor legislation and the collective agreement.

An individual labor contract must be concluded in writing and must contain:
1) details of the parties - full name of the employer - legal entity and its location, number and date of state registration of constituent documents; surname, name, patronymic, position of the employer, and if the employer is natural person, then the address of his permanent residence, name, number, date of issue of the document proving his identity; surname; name, patronymic of the employee, name, number, date of issue of the document proving his identity; social individual code number (SIK), taxpayer registration number (RNN);
2) the labor function of the employee (work in a specific position, specialty, profession);
3) the term of the individual labor contract;
4) the date of commencement of the implementation of labor functions;
5) a description of working conditions, guarantees and compensation to the employee for hard physical work in harmful or dangerous conditions;
6) working hours and rest hours;
7) terms of remuneration and labor protection;
8) the rights and obligations of the employer;
9) the rights and obligations of the employee;
10) the procedure for amending, terminating and prolonging the individual labor contract;
11) the procedure for paying compensation and providing guarantees;
12) responsibility of the parties. Other conditions may also be included in the individual labor contract by agreement of the parties (Article 9 of the Labor Law).

An individual labor contract is drawn up in two copies and signed by both parties. One copy of the signed contract is given to the employee, and the other to the employer. The terms of remuneration and material incentives for the employee's work in the contract are established by agreement of the parties.

According to the Labor Law, the termination of the individual labor contract occurs due to two circumstances:
1) termination of the individual labor contract due to the expiration of the term due to circumstances beyond the control of the parties;
2) termination of an employment contract by agreement of the parties, at the initiative of one of the parties and other circumstances provided for by law.

In addition to the above, there are other grounds in the legislation for terminating an individual labor contract at the initiative of the employer:
1) inconsistency of the employee with the position held or work performed;
2) failure to appear for work for more than two months due to temporary disability;
3) reorganization;
4) the employee's refusal to transfer to another locality together with the organization;
5) if the employee refuses to transfer to more easy work;
6) the employee's refusal to continue working in connection with a change in working conditions;
7) repeated failure by the employee without good reason job responsibilities;
8) single gross violation an employee of labor duties.

Working hours: normal duration; reduced duration; incomplete; overtime.

Normal working time - this is the duration of the working time that the employee must work during a certain period (day, week, year). In accordance with Art. 45 of the Labor Law, the normal working time of employees at an enterprise cannot exceed 40 hours per week.

For certain categories of workers, reduced working hours are established, which does not entail a decrease wages... When setting working hours, the legislator took into account the physiological characteristics of the body of some workers, working conditions, the nature of the workers' labor activity. Labor legislation provides for reduced working hours for employees under the age of 18: at the age of fourteen to sixteen, no more than 24 hours a week; from sixteen to eighteen years old - no more than 36 hours a week; for workers engaged in heavy physical work and work with harmful conditions labor - no more than 36 hours per week. Reduced working hours for employees of certain professions due to harmful working conditions may also be provided for by collective and individual labor contracts.

Types of rest time: break for rest and eating; break between shifts; weekends and holidays; vacations (annual paid, additional, educational, social).

Collective agreement - this is legal actregulating social and labor relations between employees of the organization (enterprise) and the employer. The collective agreement provides for the rights and obligations of the parties in the field of social and labor relations at the enterprise level. The agreement is concluded at any enterprise in the country, regardless of its form of ownership, departmental subordination and the number of employees (if so decided by the trade union organization or the general meeting of employees of the enterprise).
The procedure and terms for the development of the draft agreement, the composition of the working commission, the course of the conclusion of the agreement, the place of negotiations and the agenda are determined by the administration and the trade union organization jointly. These decisions are formalized by the order of the administration and the minutes of the meeting of the trade union organization.
The draft agreement developed by the working commission is discussed, finalized and approved general meeting labor collective, and then signed by the participants (representatives of the parties). The signed collective agreement is sent for notification registration to the local labor organization.
The content and structure of the collective agreement depend on the socio-economic interests of the team and financial condition enterprises. So, the contract may include mutual obligations of the employer and employees on the following issues:

form, system and amount of remuneration, monetary remuneration, benefits, compensation and additional payments;
mechanism for regulating labor remuneration (based on price increases, inflation, performance indicators economic activity);
employment, retraining and conditions for the release of workers;
working hours, rest and vacations;
improvement of working conditions and safety of workers, including women and youth (adolescents);
voluntary and compulsory medical and social insurance;
observance of the interests of employees during the privatization of enterprises, departmental housing;
environmental safety and health protection of workers at work;
benefits for employees who combine work with training;
control over the implementation of the collective agreement, the procedure for introducing amendments and additions to it, responsibility of the parties, social partnership, ensuring normal conditions for the functioning of employee representatives;
refusal from strikes under the conditions included in the contract, with their timely and full implementation,

A collective agreement may contain a number of appendices:

an estimate of the formation and spending of the payroll fund;
an estimate of the expenditure of a social security fund or other similar fund, if established;
a list of tariff rates (salaries) of the 1st category for employees who are on time and piecework wages, and tariff coefficients;
provisions on bonuses to employees of the enterprise (there may be several such provisions, in relation to employees of different structural units or different categories of personnel);
dimensions official salaries highly skilled workers performing important and responsible work, named in the collective agreement;
minimum dimensions official salaries of heads of structural divisions, specialists and employees;
lists of professions and jobs with especially difficult and especially harmful, difficult and harmful working conditions; when working in these conditions, employees are entitled to additional payments for working conditions;
labor protection action plan;
cost estimate for labor protection;
plan of organizational and technical measures to improve working conditions, etc .;
schedule of attestation and certification of workplaces;
regulations on bonuses for seniority and annual work results;
health-improving and preventive measures plan;
a list of works in the performance of which employees receive free milk or other equivalent food.

A collective agreement can be concluded for a period of one to three years. The agreement specifies guarantees in the event of reorganization or liquidation of the enterprise, as well as methods of control over performance and measures of responsibility of the parties.
Individual labor contract (the contract) is a legally binding contract concluded between an employee and an employer and provides for the rights and obligations of the parties to the labor process. The agreement (contract) is concluded in writing when hiring an employee, and for previously hired employees - as consent to continue working in this team.
The contract can be concluded: for indefinite term; for a certain period, but not more than 5 years; for the duration of a certain job.
Mandatory conditions included in the contract are: place of work; labor function (profession and qualifications of the employee); for fixed-term contract - start and end date of work, and for unlimited - only the date of work start; obligations of the employer in the field of labor protection at the enterprise.
The contract may also include the following additional conditions specifying the obligations of the parties:

establishment probationary period;
combination of professions;
retraining, training in secondary and combined professions;
regular improvement of qualifications;
duration additional leave;
working hours and rest hours, etc.

The contract may establish and stipulate a higher salary for the employee than specified in the collective agreement, as well as provide various additional payments and bonuses of a stimulating or compensatory nature (for example, for professional skill, high qualifications, class, academic degree, deviation from normal working conditions, etc.). The amount of this kind of surcharges and allowances can also be set for more than high levelthan stipulated in the collective agreement. It is possible to establish an individual prize.
If an employee has a need to specify the working hours, then this can also be indicated in the individual labor contract, as well as the duration of annual leave, including additional, as well as additional benefits and services in comparison with the legislation social services, additional health insurance, etc.
The contract should not indicate grounds for dismissals not provided for by law, disciplinary action and the introduction of full liability for employees.
In Russia, with the strengthening of market relations, the practice of labor contracts is developing. In the recent past, enterprises also entered into collective agreements, but they were of a different nature.
In market conditions, the manifestation of opposing interests of employers and employees is increasing, therefore the importance of labor contracts is increasing, designed to protect the rights of the parties by establishing measures of responsibility for violation of the terms of the agreement.
In order to protect their interests, employees join trade unions. A trade union is a voluntary public association of citizens bound by common industrial or professional interests by the nature of their activities; is created in order to represent and protect their social and labor rights and interests. The role of trade unions in society as an institution for protecting the owner of goods " work force"is very large.
The main issues of trade union activity include:

representation and protection of social and labor rights and interests of employees;
promotion of employment of the population;
collective bargaining, conclusion of collective agreements and agreements; control over their execution;
participation in the settlement of collective labor disputes;
obtaining and using information on social and labor issues;
participation in the organization of training and advanced training of trade union personnel;
control over compliance with labor legislation;
participation in the formation of programs for the protection of labor and the environment;
participation in the privatization of state and municipal property;
social protection of employees.

In the most developed countries traditionally strong positions of trade unions in solving the following tasks:

increasing wages to a level corresponding to the concept of sufficient for the normal existence of a person in the given socio-economic conditions;
shorter working hours and better working conditions;
the use of benefits due to the specifics of this type of work, in order to maintain normal performance;
application of measures of influence on employers in case of failure to accept the requirements of employees;
maintaining the number of employees at the enterprise;
decrease in staff turnover and layoffs initiated by the administration;
regulation of labor disputes.

At enterprises, labor disputes (conflicts), including collective ones, concerning labor and wages are frequent. Labor disputes between the employee and the administration of the enterprise are considered: firstly, by the commissions on labor disputes at enterprises and, secondly, by district (city) people's courts. Consideration of collective labor disputes takes place in accordance with the Law of the Russian Federation "On the procedure for resolving collective labor disputes" of November 23, 1995 No.

Similar information.

An individual labor contract in an employment relationship refers to the main legal normative document. Its legal force and social significance are primarily due to the Constitution of the Republic of Kazakhstan. In world practice, an employment contract is a generally recognized and legally the most effective form of realizing freedom, abilities, needs and interests of a person in the field of labor legal relations.

An individual labor contract must be concluded in writing and must contain:
1) details of the parties - full name of the employer - legal entity and its location, number and date of state registration of constituent documents; last name, first name, patronymic, position of the employer, and if the employer is an individual, then the address of his permanent residence, name, number, date of issue of the document proving his identity; surname; name, patronymic of the employee, name, number, date of issue of the document proving his identity; social individual code number (SIK), taxpayer registration number (RNN);
2) the labor function of the employee (work in a specific position, specialty, profession);
3) the term of the individual labor contract;
4) the date of commencement of the implementation of labor functions;
5) a description of working conditions, guarantees and compensation to the employee for hard physical work in harmful or dangerous conditions;
6) working hours and rest hours;
7) terms of remuneration and labor protection;
8) the rights and obligations of the employer;
9) the rights and obligations of the employee;
10) the procedure for amending, terminating and prolonging the individual labor contract;
11) the procedure for paying compensation and providing guarantees;
12) responsibility of the parties. Other conditions may also be included in the individual labor contract by agreement of the parties (Article 9 of the Labor Law).

In addition to the above, there are other grounds in the legislation for terminating an individual labor contract at the initiative of the employer:
1) inconsistency of the employee with the position held or work performed;
2) failure to appear for work for more than two months due to temporary disability;
3) reorganization;
4) the employee's refusal to transfer to another locality together with the organization;
5) if the employee refuses to transfer to an easier job;
6) the employee's refusal to continue working in connection with a change in working conditions;
7) repeated non-fulfillment by the employee without good reason of labor duties;
8) a single gross violation of labor duties by an employee.

Working hours: normal duration; reduced duration; incomplete; overtime.

Normal working time is the length of working time that an employee must work during a certain period (day, week, year). In accordance with Art. 45 of the Labor Law, the normal working time of employees at an enterprise cannot exceed 40 hours per week.

For certain categories of workers, a reduced duration of working hours is established, which does not entail a decrease in wages. When setting working hours, the legislator took into account the physiological characteristics of the body of some workers, working conditions, the nature of the workers' labor activity. Labor legislation provides for reduced working hours for employees under the age of 18: at the age of fourteen to sixteen, no more than 24 hours a week; from sixteen to eighteen years old - no more than 36 hours a week; for workers engaged in heavy physical work and work with harmful working conditions - no more than 36 hours per week. Reduced working hours for employees of certain professions due to harmful working conditions may also be provided for by collective and individual labor contracts.

Types of rest time: break for rest and eating; break between shifts; weekends and holidays; vacations (annual paid, additional, educational, social).

Individual contract in labor law. Collective agreement. Invitation to negotiate

1. The concept and content of an individual labor contract

Individual labor contract

Mandatory conditions

Additional terms included in the contract

Collective labor agreement

The main differences

The last

You need to know