The theory of everything. Theory total 61 labor 3 paragraph 1 article

The employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts Russian Federation or an employment contract, or from the date of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative.

The employee is obliged to proceed with the execution job responsibilities from the day specified in the employment contract.

If the day of starting work is not specified in the employment contract, then the employee must start work on the next working day after the entry into force of the contract.

If the employee did not start work on the day of commencement of work, established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered non-concluded. Cancellation of an employment contract does not deprive the employee of the right to receive security for compulsory social insurance in the event of an insured event in the period from the date of the conclusion of the employment contract until the day of its cancellation.

Commentary on Art. 61 of the Labor Code of the Russian Federation

1. As a rule, an employment contract enters into force from the date of its signing by the parties, or from the date of actual admission of the employee to work with the knowledge or on behalf of the employer or his representative, or if otherwise established:

a) federal law, other regulatory legal acts;

b) an employment contract.

2. Determination of the beginning of the practical performance by the employee of labor duties must be established by the employment contract. Otherwise, the day of commencement of work is the next business day after the entry into force of the contract.

3. Cancellation of the employment contract is made by the employer in the event that the reasons why the employee did not start work are not valid.

Second commentary on Article 61 of the Labor Code

1. An important legal guarantee is that the employment contract comes into force on the day it is signed by the employer and the employee. it general ruleprovided by this article of the Code.

The employee will be considered hired from the specific date specified in the order (order) of the employer. It must be remembered that this date must correspond to the date of employment, due to the employment contract.

2. The legal guarantee is the factual admission of the employee to work with the knowledge or on behalf of the employer or his representative. Here the employment contract comes into force from the day the employee is actually admitted to work.

3. In cases where the start date of work is not stipulated in the employment contract, the employee must start work on the next business day after the entry into force of the contract. If the employee, without good reason, did not start work on time, then the employer has the right to cancel this employment contract. In this case, the employment contract is deemed not concluded.

You should be aware that the cancellation of the employment contract itself does not deprive the employee of the right to receive security for compulsory social insurance in the event of an insured event in the period from the day of the conclusion of the employment contract until the day of its cancellation.

4. In some cases, federal laws, other regulatory legal acts or agreement of the parties may establish a different procedure for the entry into force of an employment contract.

For example, the conclusion of an employment contract with the head of a federal state unitary enterprise is carried out by federal bodies executive powerresponsible for the coordination and regulation of activities in the relevant sectors or spheres of management in agreement with the Ministry of State Property of the Russian Federation. In this case, the order on appointment to the position is possible only after confirmation by the Ministry of State Property of the Russian Federation of the corresponding agreement (see the Resolution of the Government of the Russian Federation of March 16, 2000 "On the procedure for concluding labor contracts and certification of heads of federal state unitary enterprises" (as amended from 23 March 2006) // SZ RF. 2000. N 13. Art. 1373).

An employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or an employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his an authorized representative. The employee is obliged to start performing his job duties from the day specified in the employment contract. If the day of starting work is not specified in the employment contract, then the employee must start work on the next working day after the entry into force of the contract. If the employee did not start work on the day of commencement of work, established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered non-concluded. Cancellation of an employment contract does not deprive the employee of the right to receive security for compulsory social insurance in the event of an insured event in the period from the date of the conclusion of the employment contract until the day of its cancellation.

Legal advice under Art. 61 of the Labor Code of the Russian Federation

Antonina Ershova

Consult the articles of the labor code. What is the article for non-employment to an employer if I work and he did not apply for me? And if he does not pay salary? What could be his worst case? thank

Vasily Bushuev

How to draw up an employment contract with an employee who was orally admitted to work, but a written contract was not concluded with him. The company has employees with whom written labor contracts have not been drawn up ... they have been working for several years, there were no global checks, but soon it is expected how to draw up labor contracts with them, how to register the date of their actual start of work

Lawyer's answer:
In the employment contract, write the date the employee started work. Thus, the contract is valid from the date when the employee was admitted to work, by virtue of Article 61 of the Labor Code of the Russian Federation. The date of signing the employment contract must be actual. Only in advance you are obliged to pension fund decide how you will pay all contributions, and, also with the tax on the part of personal income tax that is due ... If asked why you haven't paid before, tell them that you are willing to pay now. Hope I helped you somehow with this information. Just keep in mind that an employee registered under an employment contract is subject to the guarantees laid down for employees under the labor legislation of the Russian Federation. Such an employee is almost impossible to fire. Having reduced, he needs to pay severance pay, vacation, sick leave, etc. An employee is registered by issuing an order by the organization, making an entry in the work book. The work book is the main document.

Natalia Zakharova

Do I have to pay sick leave? An acquaintance got a job, on the day of starting work under an employment contract, she took sick leave because On the same day, the employer canceled the contract with her under Article 61 of the Labor Code of the Russian Federation. The question according to Art. 5 of Federal Law N 255-FZ and the same article 61, should the employer pay her sick leave?

Lawyer's answer:
Yes, it should .... but only if the sick leave is open from the day when the employment contract was concluded and until the day it was canceled (part 4 of article 61 of the Labor Code of the Russian Federation). After all, the FSS of Russia pays hospital benefits if an insured event (illness, injury, etc.) occurred during the period of work under an employment contract (Articles 5 and 1 of Article 6 of the Law of December 29, 2006 No. 255-FZ) ... In this case, hospital benefits are paid for no more than 75 calendar days (with the exception of tuberculosis). This follows from part 4 of article 6 of the Law of December 29, 2006 No. 255-FZ. The fact that an organization has the right to cancel an employment contract with an employee who did not start work on the day of its start is stated in article 61 Labor Code RF. It also explains which day should be considered the first day of work for a new employee. This day can be specified in the employment contract. If this day is not named there, then the employee must start work the next working day after the employment contract entered into force. In the case of your friend, the sick leave will not be paid.

Inna Ponomareva

Who understands labor law, tell me !!. If I filled out the questionnaires and the application for a job, but did not see the order for admission to the state, I am considered officially employed or not, otherwise in the personnel department, something is muddied, then we will issue you with one number and call you back, so that you stopped by and signed the documents, then we have already issued you. How do I know if I go to work, but I don’t understand whether the salary will be or not.

Lawyer's answer:

Victor Vatolin

Is non-provision by an employee work book the basis for canceling the employment contract ?. We signed an employment contract. I didn’t start my duties. The order of appointment was drawn up. The employment contract was 2 days. It turned out that he already has a main job (we do not need a part-time employee). The employment contract says that this should be his main job. does not bring a work book
- Lawyer's answer:
  Dear Dmitry! Part 4 of Article 61 of the Labor Code of the Russian Federation will help you: "If the employee did not start work on the day of starting work, established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded."

Grigory Pyatykh

Can third parties cancel the purchase and sale of an apartment (recognize illegal)? Let's just say that copies of the documents for the sale and purchase of an apartment came to a third party - the chairman of the HOA (lawyer). The apartment is still not owned because the developer is bankrupt, there are litigations for his bankruptcy and, in fact, I have not yet been able to register the apartment in ownership. The problem is that the apartment was bought retroactively before the developer went bankrupt. So here is the actual question - can third parties cancel the sale and purchase of an apartment (recognize illegal) on the basis of my documents (albeit copies)

Lawyer's answer:
The bankruptcy commissioner has the right to apply to the court to declare the transaction invalid. Article 61.9. Persons authorized to file applications for challenging the debtor's transaction An application for challenging the debtor's transaction may be filed at court of Arbitration by an external administrator or bankruptcy commissioner on behalf of the debtor on his own initiative or by decision of a meeting of creditors or a committee of creditors, while the limitation period is calculated from the moment when the bankruptcy administrator learned or should have learned about the existence of grounds for challenging the transaction provided for by this Federal Law.

Petr Basin

Is it possible to close a company if it violates the Labor Code of the Russian Federation ?. If so, what clauses may be violated that could lead to closure?

They cannot close it, but write a bunch of fines and suspend activities completely - there is such a wonderful body - the Federal Labor Inspectorate ... oh, they like to check execution labor legislation.

Ekaterina Ivanova

Here is a question for .... Lord lawyers, answer me !. My little sister worked as a promo model. I did not enter into an employment contract. They promised to give her a salary in early August, but they did not give her ... They say that they have problems with money, they talked about it when everything was settled. It seems to me that they will cheat her with a salary? And what do you think? Should you go to court in case of fraud? And what can serve as proof that she worked there (except for TD)? There are photos from the action at which she worked, there are a lot of friends who saw her at this action ... Or without TD all this is hopelessness and forced labor ????

Lawyer's answer:

Evgeny Podshivalov

labor contract!. Can I terminate the next day after signing the employment contract (without ever going to work)?
- Anyut, ask your question to lawyers on the 9111 website, this is an online legal entity. help, free. But I think that it is possible, there should be no problems

Ksenia Petrova

Labor law issue. Hello! Help to understand the issue. I work at school. For the vacation period (June, July) I got a temporary job as a seller in a buffet at a recreation center. I handed over the documents, but they did not sign an employment contract with me. She just signed a liability paper. Now the manager says that I have a shortage that must be compensated, if not voluntarily, then through the courts. What should I do?

Lawyer's answer:
Whether or not there is an employment contract is tertiary. But if the employment contract does not stipulate that the employee is hired with full financial responsibility, then this employee cannot be brought to full financial responsibility. Let him file a lawsuit, and you do not voluntarily admit guilt in any case.

Valeria Semenova

Date of signing the employment contract. Work in personnel service... There was a dispute with the management. Question: our employees do not have the same date of registration of the employment contract and the date of its signing by the parties, both with the date of registration and between the parties. The boss signs the contract with the date of registration, and the employee, 2-3 days after that, with the date of starting work, which coincides with the date in the order "Start with". Is this option admissible? I have never met information that this is a violation. thank

Lawyer's answer:
an employment contract is considered concluded from the moment of the actual commencement of the performance of duties. the person started to work - contract of employment concluded. but to start with .... - there is no such wording anywhere in the law. it is your boss who fills himself with a price. it would be better if he stuffed himself in the face [Labor Code of the Russian Federation] [Chapter 10] [Article 61] The employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or an employment contract, or with day of actual admission of the employee to work with the knowledge or on behalf of the employer or his representative. The employee is obliged to start performing his job duties from the day specified in the employment contract. If the day of starting work is not specified in the employment contract, then the employee must start work on the next working day after the entry into force of the contract. If the employee did not start work on the day of commencement of work, established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered non-concluded. Cancellation of an employment contract does not deprive the employee of the right to receive security for compulsory social insurance in the event of an insured event in the period from the date of the conclusion of the employment contract until the day of its cancellation.

Pavel Temirov

probationary period. the boss refuses to put a mark in the labor book that I worked for him. Motivating this by the fact that I did not pass the probationary period. is it legal?

Andrey Leontenkov

Can I recover something from these scammers? When applying for a job, they said that the salary was 10 thousand. The contract was given to sign after a month probationary period and it turned out that officially 5 thousand. At first they paid as promised, and since March they sent everyone on administrative leave. I was summoned to work in mid-March, but the salary was detained. Today they paid 4.400 rubles for February, for March they will calculate the same. I refused to write an application for an administrative one.

Lawyer's answer:
You have already violated the Labor Code by signing an agreement a month after a probationary period. In accordance with article 61 of the Labor Code of the Russian Federation, an employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise provided by federal laws, other regulatory legal acts of the Russian Federation or an employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of employer or his representative. reads: "When concluding an employment contract, by agreement of the parties, a condition may be provided for testing an employee in order to verify his compliance with the assigned work." You have already violated the Labor Code of the Russian Federation twice. Moreover, it is not clear what kind of contract was concluded with you. I advise you to go to court with a statement of claim.

Boris Tsvetukhin

Is it possible to terminate an employment contract on the day it is signed without waiting for 14 days?

Lawyer's answer:
YOU have not yet signed an employment contract, which means that you have not yet submitted all the documents required for hiring. Without signing an employment contract, you did not start work (we take the classic version, when all the provisions of the Labor Code are fulfilled), therefore, you did not have any legal obligations with the employer to each other. That is, the documents are with you and you are free.

Anna Zaitseva

freelance translator. I get a job as a freelance translator, that is, I will make translations at home and send for what I will receive money. What company I did not write to, nowhere is an employment contract concluded ... it’s some kind of trouble ... they took me to a few and brought me to the translator database, I will perform the translation and they will pay me for it directly at the firm, or by translation, but no one of them does not want to conclude an employment contract .. as I did not beg all firms to be united - we do not conclude an employment contract with freelance translators !! Is this legal ?? how to be after all, I don't want to part with my job just because of the refusal to be formalized under the contract ... everyone unanimously says that an example of their honesty is their large (more than 10 years) existence in the labor market and they haven't deceived anyone with payment yet ... is that no contract is concluded with freelance translators?

Lawyer's answer:
Direct violation of the Labor Code of the Russian Federation. And about: "... and nobody has been deceived with payment yet ..." - be sure personally you will be the first. Dealing with such blatant arrogance and violation of the Law is VERY DIFFICULT. Such a thing as a "freelance employee" in the current russian legislation NOT PROVIDED. Try to "get a job" on their terms, and then hand them over as glass containers to the prosecutor's office and labor inspectorate (at the slightest threat / suspicion of violation of your rights). Here are excerpts from the Labor Code of the Russian Federation: Article 11. The operation of labor legislation and other acts containing labor law ... In cases where the court has established that a civil contract is actually regulated by labor Relations between the employee and the employer, the provisions of labor legislation and other acts containing norms labor law... Article 61. Entry into force of an employment contract An employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the date of the ACTUAL ADMISSION of the employee to work with the knowledge or on behalf of the employer or his representative. (as amended by Federal Law of 30.06.2006 N 90-FZ) An employee is obliged to start performing work duties from the day specified in the employment contract. If the start date of work is not specified in the employment contract, the employee must start work on the next business day after the entry into force of the contract.

Lydia Maximova

today I was writing the Olympiad in law and a difficult question arose (inside). 17-year-old Maxim and Marina decided to get married, the serious reason they have (which is not written). Marina is worried "young family, what are we going to live on?" and Maxim answers "According to the constitution, parents must provide for us" Is Maxim reasoning correctly? Justify

I want to quit ... what should I do ?. After passing the interview, I was hired by a private security company as a "consultant". They took my work book and a job application from me. I also signed a paper stating that within 3 months. I undertake to graduate from the school of security guards, get a certificate and license. I was told that the cost of training security guards at the school is 4000 rubles. (for employees) this amount is deducted from the salary. 6000 - for the rest, the license is issued free of charge (for employees) 10 000 - for the rest. The training of the EP staff is paid in part (by agreement), by transferring money to the NOU DPO (Guard School) In case of dismissal earlier than 3 months. those dismissed themselves pay this money in full. (that is, it is profitable for them to fire). When I asked about the conclusion of an employment contract, I was told that later. ... I have no documents confirming the fact of work in this organization. Having started work, a few days later I was told that I would receive my salary at the end of the second month in December, since their transfers go through the Bank of Moscow and there are always delays. from January 15th I am going to write a letter of resignation and must receive a certificate. Is it possible to somehow protect your rights in this situation? Is it all legal? Should I work out the established two weeks? "

Issuance of copies of documents related to work At the written request of the employee, the employer must, no later than three working days from the date of submission of this application, give the employee copies of documents related to the work (copies of the order for employment, orders for transfers to another job, order for work; extracts from the work book; certificates of wages, about the calculated and actually paid insurance contributions for compulsory pension insurance, about the period of work with this employer, and more). Copies of documents related to work must be duly certified and provided to the employee free of charge. Article 136. Procedure, place and terms of payment of wages ... Wages are paid at least every half month on the day established by the rules of the internal work schedule, collective agreement, labor agreement. ... Article 142. Liability of the employer for violation of the terms of payment of wages and other amounts due to the employee The employer and (or) the representatives of the employer authorized by him in accordance with the established procedure, who have delayed the payment of wages to employees and other violations of remuneration, shall be liable in accordance with this Code and other federal laws. note. The Criminal Code of the Russian Federation establishes liability for non-payment of wages for more than two months. In the event of a delay in the payment of wages for more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. An employee who was absent from his work time at the workplace during the period of suspension of work, is obliged to return to work no later than the next working day after receiving a written notification from the employer about the readiness to pay the delayed wages on the day the employee leaves work. Article 80. Termination of an employment contract on the initiative of an employee (by on their own) The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless a different period is established by this Code or other federal law. Flow the specified period starts the day after the employer receives the employee's letter of resignation. By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal. In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements or employment contracts, the employer must terminate the employment contract within the time period specified in the employee's statement. Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made,

Lawyer's answer:
Sick leave definitely needed - this is a document on incapacity for work. Otherwise, the employer will think that you walked somewhere, did not want to work, so you need a sick leave. and they pay on this sheet according to the average earnings and how much you worked at your workplace. Now they really did that it was unprofitable to get sick, they pay pennies for sick leave.

Yulia Tarasova

Hello. a question concerning foreigners .. The company employs two citizens of Uzbekistan. Now they have come from vacation and they need to renew their work permit. They want the place of work to be specified in the work permit, that is, our company. For this we must provide them with labor. contract, but how can we conclude it with them, without a work permit. Or I don't understand something or I haven't read about it somewhere)) thanks.

First, you conclude an employment contract. Then the worker gets permission. Then he starts to fulfill his duties.

Diana Ilyina

Do you feel how GAZPROM is robbing you under the roof of Officials, Prosecutors and Judges? Cassation appeal against the decision The Supreme Court Russian Federation dated September 12, 2011. Having refused to satisfy the claim, the court, which is the body state power, violates Article 2 of the Constitution of the Russian Federation: does not recognize and does not protect the right of citizens to purchase network gas on the basis of exclusively a public energy supply contract (Articles 539-548 of the Civil Code of the Russian Federation), the legal norms of which fully comply with the norms of law of other articles (1, 3, 10, 168 , 210, 310, 420, 421, 422, 425, 426, 428, 432-445, 450-453, 454-465, 506-524) of the Civil Code of the Russian Federation and the Law "On Protection of Consumer Rights." At the same time, the court allows the RF Government, which is also an organ of state power, to violate Article 2 of the Constitution of the Russian Federation. The "Rules for the supply of gas to meet the household needs of citizens" were written under the dictation of the "specialists" of the all-Russian monopoly - OJSC Gazprom. The main purpose of the violation of the rights of citizens purchasing network gas for domestic use is the receipt of super-profits by this organization due to: 1 Charging payments for a much larger amount of gas than citizens actually consume. This is done with the help of deliberately overstated gas consumption standards, which are applied not only to some consumers who do not have gas metering devices, but also to consumers who have gas metering devices. 2 Calculation of payments for gas using the increasing temperature coefficient of some consumers whose metering devices are installed outside the heated premises. 3 Receive payment for additional services imposed on gas consumers by the terms of the contract (sealing of metering devices, disconnection and connection of gas equipment for the period when consumers are not in the living quarters) as well as "services" provided without the consent of consumers (disconnection and connection of gas equipment "through the fault of the consumer - for non-fulfillment by the consumer of the terms of the contract") ... 4 Receipt of payment for the service maintenance in-house gas equipment, which from the category of duties of a gas supply organization, which is performed at the expense of the cost of consumed gas, has been transferred to the category of mandatory additional paid services... 5 Extortion of sometimes non-existent debts (formed due to the above-listed circumstances) in a non-judicial order (by unilateral refusal to fulfill its obligations - disconnecting the gas equipment of consumers). To restore the violated rights of citizens - gas consumers and bring legal relations related to the acquisition of network gas for domestic consumption by citizens in accordance with the legal norms established by the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the law "On Protection of Consumer Rights", it is necessary and sufficient: 1 Based on Article 61 of the Civil Code RF

Lawyer's answer:
If the employee on the day of starting work did not actually start performing his job duties, then the employer has the right to unilaterally cancel the employment contract, which in this case will be considered not concluded. Cancellation of an employment contract is a right and not an obligation of the employer. Moreover, if during the period from the date of the conclusion of the employment contract until the day of its cancellation, the employee falls ill and receives a certificate of incapacity for work, then he has the right to receive insurance coverage, that is, benefits for temporary incapacity for work (clause 5 of article 2 of the Federal Law of December 29, 2006 N 255-FZ).

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? Not. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is inherent in most living beings with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

A system observer is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unattainable object for the system, located beyond the system's event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Internal observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects that can absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Third-party observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

The employee is obliged to start performing work duties from the day specified in the employment contract.

If the day of starting work is not specified in the employment contract, then the employee must start work on the next working day after the entry into force of the contract.

Comments to Art. 61 of the Labor Code of the Russian Federation

1. The entry into force of the employment contract for the parties to the employment contract is a fact on the basis of which the employee and the employer are endowed with rights, obligations and responsibilities in the amount specified in the employment contract.

2. If the employee, having concluded an employment contract, did not go to work, the employer usually asks the reasons for the absence from his family members. Typically, this work is done by the HR department. If the employee did not start work on the day of the start of work, regardless of the reason for the absence, then the employer has the right to issue an order to cancel the employment contract.

3. The employer issues an order to cancel the employment contract the next day after the employee does not go to work. The form of the order is set arbitrarily by the employer. If the employee did not go to work on the first day, but went out on the second day and started work, then the cancellation of the employment contract will not comply with Art. 61 TC.

The Labor Code stipulates that the beginning of a working relationship between an employer and an employee must be marked by the conclusion of an appropriate agreement. It is with its signing that the registration of a new person begins, who is transferred from status to an applicant to the category of employees.

An employment contract is a special document that is drawn up according to special rules and carries information about legal relationshipthat arose between the parties.

One of the most important aspects in the agreements is the duration of their validity, namely the beginning of cooperation. From what moment does it begin to act? Does the term for signing the contract coincide with the day of the start of work? Is it possible? All these nuances are explained by article 61 of the Labor Code of the Russian Federation.

Start date

The day of signing the working contract, which determines the further relationship of the parties, is not the day of starting work.

In fact, the parties have two options for indicating the start date of labor:

Do not prescribe it separately. In this case, the first working day will be the next working day after the date of signing the agreement.
Specify a specific date, which will become the starting point for the new employee to perform his work duties.

Both options are legitimate.

If the parties stipulate a start date for work later than the signing of the document itself, then they must register it.

The timing of the gap between the date of signing the contract and the moment of its actual beginning is not established by the legislation of the Russian Federation. They can be completely different.

The main thing is that when setting the date, the following rules are observed:

It was agreed by both parties.
The split between the signing of the agreement and the start of labor was appropriate.

In some cases, the date of commencement of the performance of their duties may be earlier than the conclusion of the agreement itself. This is possible if a person was actually allowed to work immediately, and only then within three working days a contract was signed with him.

All the nuances of the beginning of the fulfillment of the undertaken obligations are prescribed without fail in the order for hiring.

Cancellation of the contract

Article 61 of the Labor Code of the Russian Federation allows you to cancel a signed document unilaterally without any additional formalization and argumentation. Such circumstances include the fact that a new employee has not actually started to take up his duties. That is, if the employee did not start his work on the specified date, then the contract is canceled automatically. Moreover, he is considered in the future and not at all a prisoner.

At the same time, it is important that the interval between the signing of the agreement and its cancellation is considered insured, and if a citizen has an insured event at this time, he has the right to receive payments in the prescribed amount.

Arbitrage practice

The Morozovskiy District Court of the Rostov Region considered the statement of claim, in which the plaintiff stated requirements for the recovery of wages from the defendant for the specified period. Arguing this by the fact that he was hired, he actually did his own in full, but wages received only twice in the entire specified period.