How to draw up a civil contract with a welder? Employment contract with an electric and gas welder.

EMPLOYMENT CONTRACT

with chief welder

(indefinite; no trial)

G. ________________ "___"__________ ___ city _______________________________________, hereinafter referred to as (name of organization) "Employer", represented by __________________________________________, (position, full name) acting__ on the basis of the Charter, on the one hand, and a citizen of the Russian Federation _________________________________ , hereinafter referred to as ___ (full name) “Employee”, on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer instructs and the Employee undertakes to carry out labor responsibilities as chief welder in _______________.

1.2. The work under this agreement is the main one for the Employee.

1.3. The Employee’s place of work is the organization’s office located at: ________________________.

1.4. The Employee’s work under this agreement is carried out under normal conditions. The Employee’s labor duties are not related to heavy work or work in areas with special climatic conditions, work with harmful, dangerous and other special conditions labor.

1.5 The employee reports directly to ____________________.

2. DURATION OF THE AGREEMENT

2.1. The employee must begin performing his job duties from "___"____________ ____.

2.2. This agreement is concluded for an indefinite period and can be terminated on the grounds established by labor legislation Russian Federation.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid a salary in the amount of ______ (_______________) rubles per month.

3.2. The employer establishes incentives and compensation payments (additional payments, allowances, bonuses, etc.). The amounts and conditions of such payments are determined in the Regulations on bonus payments to employees "______________", which the Employee was familiarized with when signing this agreement.

3.3. If the Employee performs, along with his main work extra work for another position or to perform the duties of a temporarily absent employee without release from his main job, the Employee is given an additional payment in the amount of __% of the salary for the combined position.

3.4. Overtime work is paid for the first two hours of work at time and a half, for subsequent hours - at double size. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.5. Work on a day off or a non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a day off or a non-working holiday was carried out within the monthly standard working time, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly working hours. At the request of an Employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

3.6. The employee's salary is paid in cash Money at the Employer’s cash desk (by transfer to the Employee’s bank account).

3.7. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee is given a five-day pay work week with two days off - Saturday and Sunday.

4.2. Start time: _________________________________.

Closing time: _____________________.

4.3. During the working day, the Employee is given a break for rest and food from ___ hour. until ___ hour, which is work time does not turn on.

4.4. The employee is granted annual paid leave of ___ (at least 28) calendar days.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.

4.5. For family reasons and others good reasons An employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "_____________________".

5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following duties:

Manage technological preparation for implementation welding work, ensure production and release high quality products, improving product designs, their manufacturability, environmental friendliness, high labor productivity;

Provide technical management of departments entrusted with the development and implementation of technological welding processes and technological equipment for welding operations;

Lead the development of long-term and current plans for technological preparation of welding production, schedules for carrying out planned preventive and overhaul welding equipment, planning the timing and volume of work, the costs of labor and material resources;

Study and analyze the technology and quality of welding work, equipment operating conditions, organize the development and introduction into production of progressive welding methods that reduce labor costs, comply with labor safety standards and environment, saving material and energy resources when performing welding work, improving their quality;

Monitor the development of the necessary technical documentation and provide it for production, strict adherence to welding technological regimes, material consumption standards, rules technical operation equipment and safe work;

Ensure the preparation of requests for equipment and materials required to perform welding work, organization of accounting of welding equipment, its certification;

Participate in consideration of issues of reconstruction and technical re-equipment organizations, take measures to introduce new welding equipment, comprehensive mechanization and automation of technological processes;

Manage the design and creation of new production units performing welding work, their specialization and loading of equipment, taking into account the requirements of rational labor organization and safety regulations, ensure the timely development of design capacity, increasing the shift ratio of equipment;

Organize the development and implementation of measures to introduce advanced equipment and technology, improve the use technological equipment and equipment, production areas, improving the quality and reliability of welded structures;

Review and give feedback and conclusions on the most complex rationalization proposals and inventions relating to welding methods and technology, organization of welding work and improvement of welding equipment;

Organize the implementation of work related to increasing the level of specialization and cooperation of production, using reserves for increasing labor productivity;

Lead research and experimental work to improve methods and technology for performing welding work;

Participate in the work to determine the organization’s need for qualified welders, prepare for their certification in the prescribed manner;

Organize work on the study and implementation of scientific and technical achievements, advanced domestic and foreign experience in technological preparation and performance of welding work;

Coordinate the activities of departments and employees of the organization carrying out technological training perform welding work, organize work to improve their qualifications.

5.1.2. Comply with the Internal Labor Regulations "____________" and other local regulations of the Employer.

5.1.3. Maintain labor discipline.

5.1.4. Comply with labor protection and occupational safety requirements.

5.1.5. Treat the property of the Employer and other employees with care.

5.1.6. Immediately notify the Employer or to the immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property.

5.1.7. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without prior permission from management.

5.1.8. Do not disclose information that constitutes a trade secret of the Employer. Information that is a trade secret of the Employer is defined in the Regulations on Trade Secrets "____________".

5.1.9. By order of the Employer, go on business trips in Russia and abroad.

5.2. The employee has the right to:

5.2.1. Providing him with work stipulated by this Agreement.

5.2.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including paid annual leave, weekly days off, non-working days holidays.

5.2.4. Compulsory social insurance in cases provided for by federal laws.

5.2.5. Other rights established current legislation Russian Federation.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulations, local regulations, and the terms of this Agreement.

6.1.2. Provide the Employee with work stipulated by this Agreement.

6.1.3. Provide the Employee with equipment, documentation and other means necessary to perform his job duties.

6.1.4. Pay the full amount of wages due to the Employee within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the Employee’s everyday needs related to the performance of his job duties.

6.1.6. Carry out compulsory social insurance for the Employee in the manner established by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious, effective work.

6.2.2. Require the Employee to perform labor duties specified in job description, careful treatment of the property of the Employer and other employees, compliance with internal labor regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

8. WARRANTY AND COMPENSATION

8.1. During the period of validity of this Agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation .

9.2. The worker carries financial liability both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to other persons.

9.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

9.4. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

10. TERMINATION OF THE AGREEMENT

10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.2. In all cases, the day of dismissal of the Employee is the last day of his work.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and are not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

11.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

12. DETAILS OF THE PARTIES

Employer: ________________________________________________, Address _________________________________________________________________, Taxpayer Identification Number _________________________________, Checkpoint _________________________________, Account _________________________________ in ___________________________, BIC ______________________.

Employee: ___________________________________________________, passport: series _______, number __________, issued by __________________ ______________________ "___"__________ _____, department code ________________, registered at the address: __________________ _________________________________________________________________.

13. SIGNATURES OF THE PARTIES Employer: Employee: ____________/____________/ _____________________ M.P.

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Approximate form
Employment contract

G.____________________"__" ____________ ____ G. (name of employer), hereinafter referred to as "Employer", represented by (position, full name), acting on the basis (Charter/Regulations/Power of Attorney, etc.), on the one hand, and

(FULL NAME.)

1. THE SUBJECT OF THE AGREEMENT

, hereinafter referred to as "Employee", on the other hand, have entered into an agreement as follows: 1. THE SUBJECT OF THE AGREEMENT 1.1. The Employer undertakes to provide the Employee with work as an electric and gas welder of the 5th category, to provide working conditions provided for by labor legislation and other regulatory legal acts containing standards

labor law

, collective agreement (if any), agreements, local regulations and this agreement, pay the Employee wages in a timely manner and in full, and the Employee undertakes to personally perform labor functions and comply with the internal labor regulations in force at the Employer.

1.2. Work under a contract is the main one for the Employee.

1.5. The Employee’s work under the contract is carried out under normal conditions. The Employee’s labor duties are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.6. The employee is subject to compulsory social insurance against accidents at work and occupational diseases.

1.7. The Employee undertakes not to disclose secrets protected by law (state, official, commercial, other) and confidential information owned by the Employer and its counterparties.

1.8. In order to verify the Employee’s compliance with the assigned work, the parties agreed to conduct a test within ________________ months.

1.9. If the probation period has expired and the Employee continues to work, then he is considered to have passed the test, and subsequent termination of the contract is allowed only on a general basis.

2. DURATION OF THE AGREEMENT

2.1. This employment contract is concluded ____________________ (without limitation of validity / for the period from "__" ____________ ____ to "__" ____________ ____, basis: ____________________). Start date: "__" ____________ ____

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is set an official salary in the amount of ________________ (________________) rubles per month.

3.2. The employer sets additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are determined in the Regulations on bonuses for the Employee (approved by the Employer "__" ____________ ____), which the Employee was familiarized with when signing the contract.

3.3. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount established by an additional agreement of the parties.

3.4. Overtime work is paid for the first two hours of work at one and a half times the rate, for subsequent hours - at double the rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.5. Work on a day off or a non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a day off or a non-working holiday was carried out within the monthly standard working time, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly working hours. At the request of an Employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

3.6. The Employee's wages are paid by issuing cash at the Employer's cash desk (by transfer to the Employee's bank account) every half month per day, established by rules internal labor regulations.

3.7. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING CONDITIONS AT THE WORKPLACE

4.1. The employee is provided workplace N _(individual workplace number)_, the working conditions of which are classified as _(class (subclass) according to the degree of harmfulness and (or) danger) _, which is confirmed by Card N__ of the special assessment of working conditions, which the Employee was familiarized with before signing this agreement.

5. WORKING HOURS. HOLIDAYS

5.1. The employee is provided with the following working hours: ________________ with the provision of ________________ day(s) off ________________.

5.2. Start time: ________________.

Closing time: ________________.

5.3. During the working day, the Employee is given a break for rest and food from ________ hours to ________ hours, which is not included in working hours.

5.4. The annual basic paid leave is granted to the Employee for a duration of 28 calendar days.

The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of provision of annual paid leave established by the given Employer.

The Employee must be notified by signature of the start time of the vacation no later than two weeks before its start.

5.5. For family reasons and other valid reasons, the Employee, based on his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the internal labor regulations of the Employer.

Dear lawyers and knowledgeable people. Please read the following complaint about the employer’s actions and express your opinion on this matter. The essence of the problem is in the text of the complaint itself, the questions are: can this problem be resolved in favor of the worker? Which authorities should I contact with this letter? Are the employer's actions legal? Actually what we are talking about: I ask you to check compliance with the labor legislation of the Russian Federation and Federal Law-426, conducting a special assessment of working conditions at PJSC ASZ, held in February 2016.

The assessment results were published on the plant’s official website only in February 2017. According to these results, for the specialty of ship pipeline engineer (for installation of pipelines inside ship compartments) - 310A and up to 356A - there are no harmful factors affecting working conditions: 3-chemical, 11-ionizing radiation; and reduced: 5-aerosols predominantly fiber action, 6-noise.

For the specialty electric welder of manual welding (for work inside ship compartments) from 227 to 254 - all these factors are present. According to requirements fire safety when carrying out hot (welding) work inside compartments, the ship's pipeline operator (310A-356A) is responsible for overseeing the safe execution of these works and is located directly with the welder inside the compartment. And all harmful factors also affect it equally. For a welder (227-254) and a marine pipeline technician (processing pipe joints on order), factor 6-noise indicates a value of 3.2. For professions 310A to 356A (ship pipefitter installing pipelines inside ship compartments), this indicator is 3.1. The Unified Tariff Qualification Handbook (UTKS) for ship pipeline operators, starting from the 2nd category, specifies work with pneumatic and electrified tool for filing the ends, cleaning up splashes and sagging after welding, cleaning up welded seams on a ship (on order), cleaning up pipes for welding.

Specialties 310A (up to 356A) and 302A (up to 304) - perform the same work, but for some reason the noise effect is different. It turns out that three people work simultaneously in a closed water room, doing practically the same job, but harmful factors affect them differently, and do not affect one of them at all? As a result of such a strange assessment of working conditions for the specialty of a ship pipeline engineer (for the installation of pipelines inside ship compartments), the surcharge for harmful conditions labor from 12% to 8%, additional leave is reduced (from 14 to 7 days) and they will stop paying extra for milk.

Over the past 20 years, no measures have been taken to improve the working conditions of these specialties; how these conditions could change for the better (for one specialty) is not clear. Why, during the assessment of conditions, the requirements of Federal Law - 426 (Article 5) for informing workers of these specialties were not met, they were not given the right to be present during a special assessment of working conditions at his workplace. The question arises about the goals and qualifications of the people who organized and conducted such an assessment.

Thanks to those who have mastered it, I would like to hear your opinion. Dear lawyers and knowledgeable people. Please read the following complaint about the employer’s actions and express your opinion on this matter. The essence of the problem is in the text of the complaint itself, the questions are: can this problem be resolved in favor of the worker? Which authorities should I contact with this letter? Are the employer's actions legal?

Actually what we are talking about: I ask you to check compliance with the labor legislation of the Russian Federation and Federal Law-426, conducting a special assessment of working conditions at PJSC ASZ, held in February 2016. The assessment results were published on the plant’s official website only in February 2017.

According to these results, for the specialty of ship pipeline engineer (for installation of pipelines inside ship compartments) - 310A and up to 356A - there are no harmful factors affecting working conditions: 3-chemical, 11-ionizing radiation; and reduced: 5-aerosols predominantly fiber action, 6-noise. For the specialty electric welder of manual welding (for work inside ship compartments) from 227 to 254 - all these factors are present. According to fire safety requirements, when carrying out fire (welding) work inside compartments, the ship's pipeline operator (310A-356A) is responsible for the safe performance of these works and is located directly with the welder inside the compartment. And all harmful factors also affect it equally. For a welder (227-254) and a marine pipe fitter (processing of pipe joints on order), factor 6-noise indicates a value of 3.2. For professions 310A to 356A (ship pipefitter installing pipelines inside ship compartments), this indicator is 3.1.

The boss ordered that a 4th grade manual welder be hired as an electric welder. It is necessary to conclude an employment contract with him. BUT I’m not a personnel officer, our personnel officer quit. Searches on the Internet did not lead to anything, even more questions were created. Help me draw up a TD. I would hand over a copy of the new order to him. But the employment contract will also have to be redone. In general, adjust and correct mistakes. I just recommend paying attention to whether your profession, in terms of production conditions, has harmful working conditions. What others think I am not.

The Unified Tariff Qualification Handbook (ETKS) for a ship's pipeline operator, starting from the second category, specifies work with pneumatic and electrified tools for filing ends, cleaning up splashes and sagging after welding, cleaning up welds on a ship (on order), and cleaning up pipes for welding. Specialties 310A (up to 356A) and 302A (up to 304) - perform the same work, but for some reason the noise effect is different. It turns out that three people work simultaneously in one closed room, doing practically the same job, but harmful factors affect them differently, and do not affect one of them at all? As a result of such a strange assessment of working conditions, the specialty of a ship pipeline engineer (for the installation of pipelines inside ship compartments) is reducing the surcharge for hazardous working conditions from 12% to 8%, the additional vacation is being reduced (from 14 to 7 days) and they will no longer pay extra for milk. Over the past 20 years, no measures have been taken to improve the working conditions of these specialties; how these conditions could change for the better (for one specialty) is unclear.

Why, during the assessment of conditions, the requirements of Federal Law - 426 (Article 5) for informing workers of these specialties were not met, they were not given the right to be present during a special assessment of working conditions at his workplace. The question arises about the goals and qualifications of the people who organized and conducted such an assessment. Formatted decl for readability. The topic is important, comments later. The questions are: 1. Is it possible to solve this problem in favor of the worker?

Which authorities should I contact with this letter? Are the employer's actions legal? Actually what we are talking about: 4. I ask you to check compliance with the labor legislation of the Russian Federation and Federal Law-426, conducting a special assessment of working conditions at PJSC ASZ, held in February 2016. The assessment results were published on the plant’s official website only in February 2017.

It turns out that three people work simultaneously in one closed room, doing practically the same job, but harmful factors affect them differently, and do not affect one of them at all? As a result of such a strange assessment of working conditions, the specialty of a ship pipeline engineer (for the installation of pipelines inside ship compartments) is reducing the additional payment for harmful working conditions from 12% to 8%, additional vacation is being reduced (from 14 to 7 days) and they will no longer pay extra for milk. Over the past 20 years, no measures have been taken to improve the working conditions of these specialties; how these conditions could change for the better (for one specialty) is unclear. Why, during the assessment of conditions, the requirements of Federal Law - 426 (Article 5) for informing workers of these specialties were not met, they were not given the right to be present during a special assessment of working conditions at his workplace. The question arises about the goals and qualifications of the people who organized and conducted such an assessment.

What problem are we talking about? Depends on the goals you want to achieve. What actions of the employer do you question the legality of? To do this, you must have, at a minimum, verification materials, which are not presented here. Having briefly and not very much looked at the website of PJSC ASZ, I did not find any information about the inspection. I could be wrong, but there is no obligation to publish the results of the inspection on the website, as well as responsibility for non-posting (untimely posting) of its results on the website of the employer organization.

It would be correct if the vehicle adds to its post or creates a new one with reference to the results of this very check. Until review of the inspection materials, all conversations will have the appearance of a pleasant conversation, nothing more. According requires the use of the dative case, so according to these results, according to fire safety requirements, etc. This is in case you show the letter in a public place. The question is rhetorical, or rather, to the rule-makers. If they have adopted such a legal act, then the controlling organization, when answering your question, will be guided by the provisions of the legal legal act. What is the basis for the assertion that a change in the terms of remuneration for the worse for the employee is connected specifically with the result of the inspection?

Perhaps this is an ordinary class struggle in which the hegemon suffered another defeat. And pipeline workers are not alone in this. The employer needs legal grounds to reduce costs, and these grounds may appear based on the results of certification of workplaces for their danger and harmfulness. I readily believe that they were not carried out.

What if they were carried out? If you don’t understand something, you have the right to ask your employer for clarification; perhaps you don’t know everything. Perhaps this formulation of the question is incorrect, something like the question “Why did you stop drinking moonshine in the morning?” If there is an allegation of non-compliance, evidence of non-compliance must be provided. I will assume that from the documentary side, everything is in order with the employer and the certifying organization. Although this may not be the case, given the geographical distance from Moscow.

Again, if you believe that violations have occurred, report this to the regulatory authorities. According to the charter, it is the duty of trade union organizations to protect the rights of workers. Another thing is how trade unions protect the rights of workers. The goals are obvious. In addition to the requirements of the law, based on the results of the audit, it is possible to reduce the employer’s expenses in terms of wages and everything connected with it. The qualifications of people conducting such certifications are carried out by specially trained comrades.

If you want to keep them busy, let them know about your doubts. Thank you very much for editing and replies. I will try to supplement the information: Employees of this enterprise with quite a lot of experience were extremely surprised (indignant) when a representative of the employer, in writing (against signature), familiarized them with the results of an audit that took place about a year ago (its results are currently presented on the ASZ OJSC website tab “information”, the last line, although it requires you to download a PDF file, but how can you upload it from hard drive- I can’t figure it out ((). Then, a month and a half later, a notice was issued “about changing the terms of the employment contract” which stated: (hereinafter excerpts, print for a long time, scan the current on the weekend.) We notify you that two months from the date of familiarization With this notice, the essential terms of your employment contract are changed. Further information about payment and leave, that sick leave is 7 days instead of 14, and compensation for harmful working conditions is 8% instead of 12%. The rest of the terms of the employment contract remain unchanged in your case. refusal to continue working under new conditions, you may be offered another job that corresponds to your qualifications and health status, and in the absence of such work, a lower position or lower paid job that you could perform taking into account your qualifications and health status (if such work is available) .

In the absence of the specified work, as well as in the event of your refusal to continue working in connection with a change in certain labor conditions agreement"). This is followed by a signature indicating that you agree with the notification and that a copy has been received. And then the line whether you agree or not to work in the new conditions. In general, some people said “I have a little time left before I retire” and agreed with everything, while another part said “let’s go, they won’t fire everyone” and refused. Today in our information portal raised the same topic)) "We contacted the trade union committee of PJSC ASZ, where they told us that they are aware of this situation and are currently looking for ways to resolve it."

Under no circumstances should you rely on the trade union. You have to realize right away that class struggle is a serious thing, and the employer will not just give up his money. The collective letter will most likely turn out to be a mess. There will be no signatures.

"- Before this assessment, they added 12% to us for harmfulness wages and 14 days for vacation,” one of the company’s employees told us, who asked not to make his name public. - Now I personally have 8% and 7 days. I will lose in wages, but the plant will save on a large number of workers. I work in the same working conditions, for example, with welders, but they kept their bonuses." But there is only one warrior in the field.

Contact the prosecutor's office with a report of violations during certification, ask to check your comrades for commercial bribery. Call an extraordinary meeting of the trade union organization, after all. Remember that the organized working class is strength. PJSC shareholders hardly need a scandal. We have a president. You should hardly go to court without an appropriate decision regarding the certification results.

Formally, the employer’s actions are in accordance with the law, I repeat. During the transition from AWS to SOUT, a lot has changed.

Indicators, assessment methods, etc. have changed. For example, natural lighting has disappeared from the assessment. Previously, working in a room without windows was harmful, but now it is not.

In terms of the impact of harmful factors, they could have played a significant role in overestimating the time of exposure. For example, a welder constantly works with welding, and a mechanic is present for one hour a day. We have already eliminated the chemical factor almost completely, and instead of 3.2 it turns out to be 3.1 (minus milk).

In terms of noise - we measured it when the grinder was not working and voila - also 3.1. Although if there are still 7 days of vacation left, then the noise level is probably still 3.2. The state also benefits from such “improvements” - the pension system is constantly trying to reduce the lists of benefits. It seemed like they introduced you competently. The deadline of two months for significant changes has been met.

If you go to court, then only with a competent lawyer at the head. The results of the trial are not difficult to imagine. Win or lose the trial, you won't have to work there for long. The prosecutor's office and labor inspectorate will help you. Upon request, they will be happy to come and check the documentation. They will find violations, issue fines and get theirs.

Are they going to cook today? Today, as on other non-working holidays, repairs and construction work V residential buildings forbidden (). Send them to hell! Let them come on the 11th...

Until then, we’ll take a little break from the holidays and write something like this for you here... Your neighbor downstairs will completely lose the desire to ever repair anything! And, even more so, to use the labor of Tajik cotton farmers for repairs, who sometimes not only do not understand the construction, but also the purpose of the water supply system, because all their lives they carried water in wineskins from the ditch. This, believe me, is not addressed to the Tajiks (all this is not their fault, but their misfortune), but to the “neighbors” who, having “earned money”, begin to do whatever they want, believing that with money everything is possible...

Now - essentially:

1. The neighbors have nothing to do with it at all. You don’t need to talk to them about anything other than the weather and prices in stores; they have no right to carry out any work in your apartment. You have a homeowners association, communicate only with its official representative - the chairman, general director, chief engineer or whoever you have...

2. If you agree with the HOA on welding in your apartment, having discussed issues of safety and compensation and concluding the appropriate agreement (it is better to have it certified by a notary), demand that the welder present the appropriate certificate (he must have it and it must not be expired), that he is truly a professional welder, and that, in addition, he has completed training under the technical minimum program. It would be a good idea to ask him for a document confirming that he really works for the company that carries out the repairs, and at the same time take a photo of it or photocopy it (the document, of course, not the welder) - this, coupled with the agreement with the HOA, will help protect your interests, if a welder, for example, does something wrong, tomorrow he will leave for his historical homeland.

3. To carry out any construction work, the company represented by the welder (or he himself, if he is an individual entrepreneur) must have a construction license, which is also not expired. If it is not there, do not allow them to carry out the work, since no one knows whether they are able to carry it out. Since the New Year, however, the license can be replaced by membership in the so-called SRO (self-regulatory organization), but then the workers must prove to you their membership in some SRO, as well as the fact that such an SRO really exists and membership in it replaces license - membership card, copy of the SRO Charter, etc. However, your downstairs neighbor signed a repair contract last year, and then a license was required. In any case, if you are not convinced of the professionalism of the welder, do not allow him to work, keep him front door. And if the company does not have a license or membership in an SRO, kick them in the face, promising to inform, for example, tax office(this means that this company does not pay taxes on construction activities).

4. Since your toilet is not a welding shop (area) or other place specially designed and equipped for welding work, the welder must have a “Permit for hot work” signed by the chief engineer of the organization operating your house and issued to the exact welder who came to your apartment. The Permit lists, in particular, all safety measures, including fire safety, that must be carried out during the work. It must indicate the presence directly at the work site of a fire extinguisher, a bucket of water, a felt felt (an asbestos “blanket” measuring at least 1.5 x 1.5 m, in my opinion), perhaps some other conditions, as well as it must be indicated that the welder has been instructed in fire safety issues.

5. After completing the work, do not let the welder leave the house until he (and you, of course) is convinced that nothing from the welding sparks has caught fire or smoldered anywhere (there have been cases when an unextinguished spark from welding fell on something - something difficult to burn and smoldered slowly for several hours, and then caught fire), and at the same time let him remove all the dirt and debris after himself - this is his direct responsibility.

6. If (and until) the above conditions are not met, simply do not let anyone into the apartment. Do not give in to police threats, persuasion and provocations - even the police can cross the threshold of your apartment without your permission only by a court decision.

Good luck! Happy New Year!

We need a sample contract for gas and welding with a welder. What kind of contract can be drawn up without enrolling him in the staff, since the welding profession is characterized by increased danger? We need a welder for a week.

Answer

Answer to the question:

According to Art. 420 of the Civil Code of the Russian Federation, a civil contract is an agreement of two or more persons to establish, change or terminate civil rights and responsibilities. The conclusion of an agreement is carried out on a voluntary basis, the terms of the agreement are determined at the discretion of the parties (in this case, some of the essential terms of a specific type of agreement may be established by the current law or other legal acts).

Let us note that Art. 15 of the Labor Code of the Russian Federation directly prohibits concluding a civil contract that actually regulates labor relations.

Art. 11 of the Labor Code of the Russian Federation provides for the possibility of retraining a civil law contract into an employment contract. In particular, if it is established in court that a civil contract actually regulates labor relations between an employee and an employer, the provisions of labor legislation apply to such relations. The Plenum adheres to a similar position Supreme Court RF (paragraph 3, clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation Labor Code Russian Federation"). Please note that such requalification is possible only in court.

In some cases, an organization must notify of the conclusion of a civil contract with a former state or municipal employee of his former employer. And in some cases, it is possible to conclude a civil contract with such a person only in agreement with special commission. For more information, see:

Attention: in the event of an unlawful conclusion of a civil contract that actually regulates labor relations between an employee and an employer, such relations may be (,).

Question from practice: is it possible to conclude a civil contract with a person related to the performance of work (provision of services). There is a vacant position in the organization’s staffing table that involves performing similar functions

Yes, it is possible, if in fact such an agreement does not regulate labor relations.

The Civil Code of the Russian Federation establishes freedom of contract. It means that:

• the parties can enter into any agreement that does not contradict the law;
• forced conclusion of contracts is prohibited;
• The parties independently determine the content of the agreement.

This conclusion is fully consistent with the position of the Constitutional Court of the Russian Federation, which is reflected in. From this document, in particular, it follows that the organization providing the work and the citizen applying for the job, by mutual agreement, can choose any contractual legal form of relationship that does not contradict their mutual interests.

However, if it is subsequently established that a civil contract actually regulates labor relations, then such a contract may be (,).

Types of civil contracts

What types of civil contracts exist

Civil contracts for the performance of work (provision of services), in particular, include:

• work agreement ();
• contract for paid services ();
• contract of carriage ();
• transport expedition agreement ();
• storage agreement();
• contract of assignment ();
• commission agreement();
• property trust management agreement ();
• agency contract ().

Keep in mind that you can enter into a contract either stipulated or not stipulated civil law(). Therefore, this group of civil law contracts may include other agreements with citizens, the subject of which is the performance of work (provision of services).

Question from practice: for what is the maximum period for which a civil law contract can be concluded?

Unlike labor relations, where employment contracts general rule are issued indefinitely, cases of registration of fixed-term relations are strictly limited by law, and the maximum limit for fixed-term relations is established: no more than five years, civil law relations are built exclusively on a contractual basis based on the mutual interests of the customer and the contractor.

Also, the term of a civil contract depends on: contract, commission, paid services, etc., that is, it is determined based on the nature of the contractual relationship.

For example, when concluding a contract for the provision of services, the customer, as a rule, is interested in the speedy completion of work or provision of services. Therefore, in practice, such contracts are fixed-term, and the duration of the term is determined based on the actual circumstances and the real ability of the contractor to fulfill the obligations under the contract within a given period. The parties fix the specific period in the contract, while its maximum limit is not limited by law and can range from several days to tens of years. This is indicated by the provisions of Article 708 and Article 781 of the Civil Code of the Russian Federation - in relation to contracts and services, respectively.

At the same time, other types of agreements, in particular, a commission agreement or an agency agreement, by agreement of the parties, based on mutual interests, can be concluded either with or without a deadline. This approach is clearly stated in Articles 990 and Articles 1005 of the Civil Code of the Russian Federation.

Question from practice: what are the differences between a work contract and a contract for paid services?

A work contract and a contract for the provision of paid services differ on the following grounds.

1. Subject of the agreement. The subject of the contract is the receipt of a certain result materialized by the parties (). The subject of a contract for the provision of services for a fee is the commission of an action or the implementation of an activity that does not have a tangible result ().
2. Executor. Under a work contract, the contractor has the right to involve other persons in the performance of his obligations (). Under a contract for the provision of paid services, the contractor is obliged to provide services personally ().
3. Deadlines. The work contract specifies the start and end dates for the work. By agreement between the parties, the contract may also stipulate deadlines for completing individual stages of work (). In a contract for the provision of services for a fee, it is not always possible to provide for a specific period, although for individual species services, the law directly states that setting deadlines is necessary (). For example, the Rules approved by the Russian Federation establish that the provision of services for the use of railway transport infrastructure common use provides for an indication in the contract of the period for the provision of these services.
4. Right of refusal. Under a work contract, the customer may, at any time before delivery of the work result to the contractor, refuse to fulfill the work contract by paying the contractor part of the established price in proportion to the part of the work (). Under a contract for the provision of services for a fee, both parties (both the customer and the contractor) have the right to declare their refusal to fulfill the contract, subject to payment to the contractor for the expenses actually incurred by him ().
5. Consequences of refusal to fulfill the contract. Under a work contract, the customer must pay part of the established price in proportion to the part of the work performed before receiving notice of the customer’s refusal to perform the contract, as well as compensate for losses caused by termination of the contract, within the difference between the price determined for the entire work and part of the price paid for all work (). Under a contract for the provision of paid services, the customer who renounced the contract must pay the contractor all expenses incurred by him, and the contractor who renounced the contract shall compensate the customer for losses in full ().
6. Payment for services. Under a work contract, the customer is obliged to pay the agreed price only after the final delivery of the work results, if advance payment for the work performed or its individual stages is not provided for by the contract (). In a contract for the provision of paid services, the customer is obliged to pay for the services provided to him within the time frame and in the manner established in the contract ().

Differences between a civil law contract and an employment contract

How does a civil contract differ from an employment contract?

When concluding a civil contract, it is necessary to take into account a number of features.

1. Labor relations presuppose that an employee performs work in a certain specialty, qualification or position (). The work is performed throughout the entire duration of the employment contract. Unlike an employment contract, what is important for a civil agreement is not the process of work, but its result, which the performer is obliged to deliver to the organization. As a rule, if the work (services) is completed and accepted, then the person’s obligations to the organization for them cease (). The presence of such a criterion, which distinguishes an employment contract from a civil law one, is confirmed by arbitration practice (see, for example, appellate rulings, decisions of the FAS, East Siberian District, Moscow District,.

Advice: in the civil contract for the performance of work (provision of services), specify the scope of work to be performed. For example, do not write that the person is hired as a driver, indicate only his task: delivering cargo along a set route.

In a civil contract, do not indicate that the citizen has been invited to a certain position. Any links to staffing table, tariff and qualification characteristics of the work for a specific profession and specialty of the employee may be the basis for recognizing such an employment contract (see, for example,).

2. A civil contract cannot provide for a person’s obligation to obey Labor Regulations or any other local regulations organization: orders, instructions of the head of the organization (see, for example, resolutions of the FAS, North-Western District, East Siberian District, Volga-Vyatka District,).

3. A civil contract cannot provide for the payment of remuneration for the work of the performer itself. Only a certain result is paid. The organization may not pay for the work of the performer, which did not lead to the achievement of the result established by the civil contract for the performance of work or provision of services (see, for example, resolutions of the FAS, East Siberian District,).

Advice: do not include a provision for time-based payment for work in a civil contract. Provide for piecework payment, that is, payment for work performed. Otherwise (see, for example,).

For example, in a civil contract, do not write that money is paid for 8 hours of work of a citizen. Instead, indicate what specific work (services) he must perform in order to receive a particular amount.

4. Citizens working under civil law contracts are not subject to social guarantees provided for by the Labor Code of the Russian Federation (the right to paid leave, sick pay, etc.) (see, for example, resolutions of the Federal Antimonopoly Service of the Volga District, Ural District, East -Siberian district,).

5. The fact of performance of work (provision of services) under civil contracts must be documented. For example, an act or other document certifying acceptance (see, for example,).

Advice: if the performer receives remuneration regularly, instead of one long-term civil contract, enter into separate monthly contracts or provide for an advance payment system. In a civil contract, do not provide for regular monthly payments. Otherwise ().

6. When determining the content of a civil contract, be guided by the chapters of the Civil Code of the Russian Federation, and not the Labor Code of the Russian Federation. Therefore, do not include labor law terms in the text of the contract. Instead of the words “employer” and “employee”, use the words “customer” and “performer” or “contractor”. The word “salary” should be replaced by the concept “remuneration”. Do not use terms such as “working time,” “rest time,” “vacation,” etc.

For a comparison of an employment and civil law contract for the performance of work (provision of services) concluded with a citizen, see.

Question from practice: in what cases are relations between a citizen and an organization recognized as labor relations?

In general, labor relations arise between an employee and an employer on the basis, including as a result of:

• election to office;
• election by competition to fill the relevant position;

• referrals to work against the established quota.
• court decision on concluding an employment contract;

Also, labor relations arise on the basis of the actual admission of a newcomer to work with the knowledge or on behalf of the employer or his authorized representative, in cases where the employment contract was not properly drawn up.

For violation of this requirement, the guilty employee may be brought to justice (Part and Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In addition to administrative liability, the guilty employee may be subject to general procedure brought to the Labor Code of the Russian Federation.

Question from practice: how does the reclassification of a civil law contract into an employment contract take place and what consequences does it have for the employer?

Relations arising on the basis of a civil contract can be recognized as labor relations if there is ().

Such recognition may take place in the following order:

• organization that is the customer under a civil contract, based on a written application individual- the performer herself recognizes the relationship as an employment relationship and draws up an employment contract in;
• the organization that is the customer under the civil law contract, based on the order of the state labor inspector, recognizes the relationship as an employment relationship and draws up an employment contract in . If the organization does not agree with the order, it may not take any action in court and until a court decision is made;
• An organization that is a customer under a civil contract, on the basis of a court decision that recognized the relationship as an employment relationship, draws up an employment contract in . In general, both the employee himself and the labor inspectorate can go to court to have the relationship recognized as an employment relationship if the organization disagrees with the state inspector’s order.

If the relationship under a civil contract has already been terminated, then it can only be recognized as an employment relationship in court. To do this, the executor under the specified agreement may go to court in the manner and within the time limits provided for the consideration of individual labor disputes.

If, when a court considers a case on recognition of a labor relationship, irremovable doubts arise, the court interprets them in favor of the existence of an labor relationship.

If the relations arising on the basis of the civil law are recognized as labor relations, it is considered that such relations arose from the date of the actual admission of the contractor to perform duties under the specified contract, that is, from the date of entry into force of the civil law contract.

In addition, for the conclusion of a civil contract that actually regulates labor relations, the organization and its officials may be subject to administrative liability

A court decision or an inspection order that establishes the existence of an employment relationship under a civil contract obliges the employer to draw up an employment contract in the general manner according to the rules of the articles and the Labor Code of the Russian Federation.

If at the time a civil law contract is recognized as an employment contract, there is no free staff position in the organization’s staffing table for the corresponding position, then this is not a basis for refusing to conclude an employment contract. In such a situation, the employer needs to supplement the staffing table with a new position or increase the number of staff units for an existing position (instructions approved).

Question from practice: is it necessary to issue an order to hire a citizen under a civil law contract?

No no need.

Labor legislation does not apply to citizens with whom a civil contract has been concluded (). Therefore, the organization does not need:

• issue an order for the employment of such citizens;
A question from practice: how to fill out the “Signature” details for citizens working under a civil law contract according to the Decree of the State Standard of Russia of March 3, 2003 No. 65-st).

Unlike an employment contract, services under a civil contract are not work in a specific specialty, qualification or position (Chapter, Civil Code of the Russian Federation,). Therefore, when preparing documents for an organization, you do not need to indicate the job title in the “Signature” detail.

Thus, a citizen working under a civil contract, when signing documents of an organization, must indicate only his last name and initials. Specialists from the financial department () take a similar position.

Advice: the information in the “Signature” detail, even without indicating a position, should allow the identification of the responsible person who signed the document. To eliminate any doubts about the identification of the responsible person who signed the document only by last name and initials, it is also recommended to indicate the details of the document on the basis of which he has the right to sign. Such a document could be, for example, a power of attorney or a civil contract, which will directly state the right to sign certain documents.

An example of concluding a civil contract for the provision of services with a citizen

A.S. Glebova, Chief Accountant organization, went on maternity leave. For the time being maternity leave The duties of the chief accountant are performed by cashier A.V. Dezhneva.

During the vacation period, director A.V. Lvov suggested that Glebova be contracted to provide consulting services on issues of registration and taxation of foreign trade export operations to the Republic of Belarus.

The agreement provides, in particular, for Glebova’s obligation to draw up instructions on the procedure for document flow, reflection of export transactions in accounting and taxation, as well as VAT refunds on supplies to the Republic of Belarus.

The cost of services under the contract is 5,000 rubles.

After Glebova fulfilled all the duties assigned to her, they signed with her.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Natalya Nikonova,

HR System expert