Civil law contract for the provision of caretaker services. Employment contract with a watchman Employment contract with a watchman on a shift schedule
Contract with a caretaker, job description
Contract with a caretaker
Moscow region, ____________ district, _________ s/settlement, SNT _________
dated ___ ____________ 20__
Horticultural non-profit partnership "_________", represented by the Chairman of the Board Ivanov I.I. acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and _____________________________________, hereinafter referred to as the Employee, on the other hand, and together referred to as the Parties, have concluded this agreement as follows:
1. The Subject of the Agreement
1.1. Under this civil law contract, the Employee undertakes to perform the duties of a watchman in the SNT "_________" in accordance with the Job Description of the watchman of the SNT "_________" (Appendix No. 1), located at the address: Moscow Region, ___________________ district, _______ s / settlement, near the village ___________ . a The Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employment contract was concluded for a period from 01/01/2013 to 12/31/2013.
1.4. If you continue to fulfill your obligations after the expiration of the contract, the contract is automatically extended for a new period, but not more than three years.
2. Rights and Obligations of the parties
2.1. The employee has the right to:
Payment of remuneration in the amount and in the manner prescribed by this agreement
Protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law
2.2. The employee is obliged:
Observe labor discipline
2.4. The employer is obliged:
Comply with civil and labor legislation and other regulatory legal acts containing labor law norms
Pay in full the remuneration due to the Employee within the time limits established by this agreement
To acquaint the Employee against signature with the adopted local regulations,
directly related to his work
Compensate for harm caused to the Employee in connection with the performance of his labor
obligations, as well as compensate for moral damage in the manner and on the terms established by the current legislation of the Russian Federation
3.1. The employee performs work in accordance with the schedule: _________________________
3.2. The duration of the daily shift of the Employee is 12 hours.
3.3. The employee's inter-shift rest is 12 hours.
3.4. The employee is granted annual paid leave of
28 calendar days.
3.5. An employee may be granted unpaid leave in accordance with the current labor legislation.
4. Terms of remuneration
4.1. The employee is paid ________________________________
4.3. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.
5. Responsibility of the Parties
5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.
6. Final provisions
6.1. Disputes between the Parties arising from the performance of this agreement shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for by this agreement, the Parties are guided by the legislation of the Russian Federation governing labor relations.
6.3. The contract is concluded in writing, drawn up in two copies, each of which has the same legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.
6.4. This contract may be terminated on the grounds provided for by the current labor legislation.
7. Details and signatures of the Parties
Employer: SNT "_________" TIN 111111111
Chairman of the Board of SNT "_________" ___________ Ivanov I.I.
Worker: ______________________________________________________________
EMPLOYMENT CONTRACT
with a watchman (watchman)
in the face. acting on the basis. hereinafter referred to as the "Employer", on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as the "Employee", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement, hereinafter referred to as the "Agreement", as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman) c. a The Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employment contract is concluded for an indefinite period.
1.3. The employee is obliged to start work from "" 2015.
1.4. The period of probation for employment is one month.
1.5. Work at the Employer is a place of work for the Employee.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee has the right to:2.5. The parties have other rights and perform other duties stipulated by the current labor legislation.
3. WORKING AND REST TIME
3.2. The duration of the daily shift of the Employee is hours.
3.3. Inter-shift rest of the Employee is hours.
4. TERMS OF PAYMENT
4.1. The employee is paid a salary in the amount of rubles per month.
5. RESPONSIBILITIES OF THE PARTIES
5.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
6. FINAL PROVISIONS
7. ADDRESSES AND DETAILS OF THE PARTIES
Jur's employer address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:
Employment contract with a watchman (watchman) (options are provided: main place of work / part-time work safe / harmful or dangerous working conditions indefinite term of the contract / fixed-term employment contract with a probationary period / without a probationary period normal mode / shift work schedule)
EMPLOYMENT CONTRACT N _____ with a watchman (watchman)
1. THE SUBJECT OF THE AGREEMENT
1.1. The Employer undertakes to provide the Employee with a job as a watchman (watchman), ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement (if any), agreements, local regulations and this agreement, in a timely manner and within to pay wages to the Employee in full, and the Employee undertakes to personally perform the functions of a watchman (watchman), to comply with the Internal Labor Regulations in force at the Employer.
1.2. Work under the contract is the main one for the Employee (or: Work under the contract is performed in time free from the main work on the terms of internal part-time work (or: external part-time work).
1.3. The place of work of the Employee is a warehouse, building (or: structural unit, etc.) of the Employer, located at: _______________________.
1.4. The employee reports directly to _____________________.
1.6. An employee is subject to compulsory social insurance against industrial accidents and occupational diseases.
1.7. The Employee undertakes not to disclose legally protected secrets (official, commercial, other) and confidential information owned by the Employer and its contractors.
(Option, if necessary, if the training was carried out at the expense of the Employer: 1.9. The employee is obliged to work after training for at least _____ months.)
2. TERM OF THE CONTRACT
2.1. The Agreement comes into force from the day it is concluded by the Employee and the Employer (or from the day the Employee is actually admitted to work with the knowledge or on behalf of the Employer or his representative).
2.2. Date of commencement of work: "___" __________ ____
2.3. In order to verify the compliance of the Employee with the assigned work, the parties agreed to conduct the test within _____ months.
2.4. If the probation period has expired, and the Employee continues to work, then he is considered to have passed the probation, and subsequent termination of the contract is allowed only on general grounds.
3. CONDITIONS OF PAYMENT OF THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is set an official salary (tariff rate) in the amount of _____ (__________) rubles per month.
3.2. The employer establishes additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are defined in the Regulation on employee bonuses (approved by the Employer on "___" ________ ____), which the Employee was familiarized with when signing the contract.
If necessary, the Employer has the right to amend the Regulation on bonuses, cancel it or accept its new version unilaterally. At the same time, the Employee is notified of such changes at least ________ (at least 2 months) days before they come into force.
3.3. In the event that 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 is paid for the first two hours of work at one and a half times, for subsequent hours - at double the rate. Based on the written consent of the Employee, overtime work may be compensated by providing additional rest time instead of increased pay, but not less than the time worked overtime.
3.5. Work on a weekend and 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 weekend or non-working holiday was carried out within the monthly norm of working hours, 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 norm of working time. At the request of the Employee, who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.
3.6. Downtime due to the fault of the Employer is paid in the amount of two thirds of the average salary of the Employee.
Downtime due to reasons beyond the control of the Employer and the Employee is paid in the amount of two-thirds of the official salary, calculated in proportion to the downtime.
Downtime due to the fault of the Employee is not paid.
3.7. Wages are paid to the Employee by issuing cash at the Employer's cash desk (option: by transferring to the Employee's bank account) every half a month on the day established by the Internal Labor Regulations.
3.8. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4. MODE OF WORKING TIME AND REST. HOLIDAYS
4.1. The following working hours are established for the employee: _____________ with the provision of _____ day off (s) ___________________.
4.2. Start time: ____________________.
Finishing time: ____________________.
(Shift mode option: 4.1. Working hours for the Employee - 48 hours per week in shift work in accordance with the shift schedule approved by the Employer: in two (three, four) shifts.
4.2. The duration of the shift is ___________ hours.
1st shift: start - ___ hours ___ minutes end - ___ hours ___ minutes
2nd shift: start - ___ hours ___ minutes end - ___ hours ___ minutes
3rd shift: start - ___ hours ___ minutes end - ___ hours ___ minutes
4th shift: start - ___ hours ___ minutes end - ___ hours ___ minutes.)
4.3. During the working day, the Employee is given a break for rest and meals from _____ hours to _____ hours, which is not included in working hours.
The right to use the leave 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 granted to the Employee even 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 granting annual paid leaves established by this Employer.
The Employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.
4.5. For family reasons and other valid reasons, the 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 of the Employer.
5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
5.1. Job Responsibilities of the Employee:
Checks the integrity of the protected object (locks and other locking devices, seals, fire-fighting equipment), the serviceability of the alarm, telephones, lighting, together with a representative of the administration or a replaceable watchman.
If malfunctions are detected (broken doors, windows, locks, lack of seals and seals, etc.) that do not allow the object to be taken under guard, reports this to the person to whom he is subordinate, the representative of the administration and the police officer on duty and guards the traces of the crime until arrival police representatives.
In the event of a fire at the facility, it raises the alarm, notifies the fire brigade and the police officer on duty, and takes measures to eliminate the fire.
Carries out duty at the checkpoint of an enterprise, institution, organization.
Carries out the admission of employees, visitors, vehicles to the territory of the enterprise, institution, organization and back upon presentation of the relevant documents by them.
Verifies the relevant documents with the actual presence of the cargo.
Opens and closes the gate.
Carries out the reception and delivery of duty with the appropriate entry in the log.
Maintains the checkpoint premises in a proper sanitary condition.
In case of non-arrival of the shift at the set time, inform the representative of the administration of the protected facility.
5.2. Worker:
5.2.1. Complies with the Internal Labor Regulations, labor discipline, labor protection and labor safety requirements.
5.2.2. Carefully treats the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and the property of other employees.
5.2.3. Immediately informs the Employer about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).
5.2.4. By order of the Employer, he goes on business trips in Russia and abroad.
5.3. The employee has the right to:
Amendment and termination of the contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws
Providing him with a job stipulated by the contract
A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any)
Free provision of special clothing, special footwear and other personal protective equipment in accordance with established standards
Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed
Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays
Complete reliable information about working conditions and labor protection requirements at the workplace
Vocational training, retraining and advanced training in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws
Association, including the right to form and join trade unions to protect their labor rights, freedoms and legitimate interests
Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any)
Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement (if any), agreements
Protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law
Resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by the Labor Code of the Russian Federation, other federal laws
Compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws
Compulsory social insurance in cases stipulated by federal laws.
5.4. The rights and obligations of the Employee established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the Employee arising from the terms of the collective agreement, agreements.
6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
6.1. The employer has the right:
Amend and terminate the contract with the Employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws
Encourage the Employee for conscientious and efficient work
Require the Employee to fulfill his labor duties and respect the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees, compliance with the Internal Labor Regulations
Bring the Employee to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws
Adopt local regulations
Carry out attestation of the Employee in accordance with the Regulations on attestation in order to identify the real level of professional competence of the Employee
To carry out, in accordance with the Regulations on the assessment of labor efficiency, an assessment of the effectiveness of the Employee's activities
With the consent of the Employee, involve him in the performance of certain assignments that are not included in the official duties of the Employee
With the consent of the Employee, involve him in performing additional work in another or the same profession (position) for an additional fee.
6.2. The employer is obliged:
Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement (if any)
Provide the Employee with work stipulated by the contract
Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of labor duties
Provide the Employee with equal pay for work of equal value
Pay in full the wages due to the Employee within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), the Internal Labor Regulations
Conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by the Labor Code of the Russian Federation
Provide the Employee's representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation
To acquaint the Employee against signature with the adopted local regulations directly related to his work activity or position in the organization
Timely comply with the instructions of the federal executive body authorized to conduct state supervision and control over compliance with labor laws and other regulatory legal acts containing labor law norms, other federal executive bodies exercising the functions of control and supervision in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms
Consider the submissions of the relevant trade union bodies, other representatives elected by the Employee about the identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to these bodies and representatives
Create conditions that ensure the participation of the Employee in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any)
Provide for the daily needs of the Employee related to the performance of labor duties
Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws
Compensate for harm caused to the Employee in connection with the performance of labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation
Perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations.
6.3. The rights and obligations of the Employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the Employer arising from the terms of the collective agreement, agreements.
7. CONDITIONS OF ADDITIONAL INSURANCE FOR THE EMPLOYEE. PROVISION OF ADDITIONAL SOCIAL GUARANTEES
7.1. The employee is subject to additional insurance in the manner and on the terms established by the collective agreement and (or) local regulations of the organization (if any), agreements of the parties and the current legislation of the Russian Federation.
7.2. The parties agreed on the following improvements in the social and living conditions of the Employee and his family members: _________________________.
7.3. Improved working conditions for the Employee when performing work on (on, from) _____________________________.
8. RESPONSIBILITY OF THE PARTIES
8.1. A party to the contract guilty of violating labor legislation and other regulatory legal acts containing labor law norms shall be liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws.
8.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
8.3. The material responsibility of the party to the contract comes for the damage caused by it to the other party to the contract as a result of its guilty unlawful behavior.
8.4. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and / or inaction of the Employer.
8.5. Each of the parties is obliged to prove the amount of the damage caused.
9. EMPLOYEE USE OF PERSONAL PROPERTY FOR BUSINESS PURPOSES
9.1. The Employee has the right, if necessary, or in agreement with the Employer, to use personal property for official purposes (to perform his job function and / or individual instructions of the Employer). For such use of personal property, the Employer shall pay monetary compensation to the Employee.
9.2. If it becomes necessary to regularly use personal property, the parties to the contract conclude an agreement on the use by the Employee of personal property for official purposes, which specifies the characteristics of the relevant property, the procedure for its use, the amount and procedure for paying compensation for use, as well as the rights of the parties to the contract in relation to such property.
9.3. If the use of the Employee's property for official purposes is carried out irregularly, the compensation specified in clause 9.1 is paid on the basis of documents and other evidence confirming the official use of such property.
10. TERMINATION OF THE EMPLOYMENT CONTRACT
10.1. The grounds for termination of this employment contract are:
10.1.1. Agreement of the parties.
10.1.2. Termination of the employment contract at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer no later than two weeks before the expected date of termination of this contract. The specified period begins the next day after the Employer receives the Employee's application for dismissal.
10.1.3. Termination of the employment contract at the initiative of the Employer.
10.1.4. Other grounds provided for by the labor legislation of the Russian Federation.
10.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.
10.3. The Employer has the right to decide on the implementation of the compensation payment to the Employee in the amount of _______________ in case of _________________________.
10.4. On the day of termination of the employment contract, the Employer is obliged to issue a work book to the Employee and make settlements with him in accordance with Art. 140 of the Labor Code of the Russian Federation. At the written request of the Employee, the Employer is also obliged to provide him with duly certified copies of documents related to work.
11. FINAL PROVISIONS
11.1. The terms of the agreement are confidential and not subject to disclosure.
11.2. The terms of the contract are legally binding on the parties from the moment of its conclusion by the parties. All changes and additions to the contract are formalized by a bilateral written agreement.
11.3. Disputes between the parties arising from the performance of the contract are considered in the manner prescribed by the current legislation of the Russian Federation.
11.4. In all other respects that are not provided for by the contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
11.6. Prior to signing the employment contract, the Employee is familiar with the following documents:
Regulation on bonuses from "___" ___________ ____ g. N _____
Internal regulations from "___" ___________ ____, N _____
Privacy Statement dated "___"___________ ____ N _____
Employment contract with caretaker
Good day! Please, help. Will there be a violation of the Labor Code of the Russian Federation if a fixed-term employment contract is concluded with a caretaker for a period of 2 years and payment is made at the rate (specified in the labor contract) of the cost of 1 shift (24 hours) for the number of shifts in a month in accordance with the approved work schedule for the next month ? The cost of one shift is calculated by an economist at the enterprise.
LLC "Consultant" Filippova Lyubov Vladimirovna
A fixed-term employment contract is:
for the period of fulfillment of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work is retained
for the duration of temporary (up to two months) work
to perform seasonal work, when, due to natural conditions, work can only be done during a certain period (season)
with persons sent to work abroad
for work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided
with persons entering work in organizations created for a predetermined period or to perform a predetermined job
with persons hired to perform known work in cases where its completion cannot be determined by a specific date
to perform work directly related to the internship and vocational training of the employee
in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in public authorities and local governments, in political parties and other public associations
with persons sent by the bodies of the employment service to work of a temporary nature and public works
with citizens sent for alternative civilian service
By agreement of the parties, a fixed-term employment contract may be concluded:
with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people)
with pensioners entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature
with persons entering work in organizations located in the regions of the Far North and areas equivalent to them, if this is associated with moving to the place of work
to carry out urgent work to prevent catastrophes, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances
with persons elected through a competition to fill the relevant position, held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms
with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations
with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership
with persons studying full-time
with persons entering a part-time job
in other cases provided for by this Code or other federal laws.
Document Author
Employment contract No._______
(place of conclusion of the contract) (date of conclusion of the contract)
_______________________________________________________________________
(full name of employer)
represented by ____________________________ ____________________________________,
(position title) (full name)
Hereinafter referred to as the Employee, on the other
The Parties, and collectively referred to as the Parties, have entered into this Agreement as follows:
1. The Subject of the Agreement
1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman) at ________________________________________________________________________,
(place of work indicating a separate structural unit and its location)
a The Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.3. The employee is obliged to start work from ___ ___________ 20__.
1.4. The period of probation for employment is _____ months.
1.5. Work for the Employer is for the Employee __________________________________
(primary or part-time)
place of work.
2. Rights and Obligations of the parties
2.1. The employee has the right to:
2.2. The employee is obliged:
2.3. The employer has the right:
2.4. The employer is obliged:
2.5. The parties have other rights and perform other duties stipulated by the current labor legislation.
3. Working time and rest time
3.1. The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with an uninterrupted rest of at least 42 hours.
3.2. The duration of the daily shift of the Employee is _____ hours.
3.3. The employee's inter-shift rest is ___ hours.
3.4. The employee is granted annual paid leave of 28 calendar days.
3.5. An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.
3.6. An employee may be granted unpaid leave in accordance with the current labor legislation.
4. Terms of remuneration
4.1. The employee is paid a salary of _____________ rubles per month.
4.2. Wages are paid to the Employee twice a month in the manner and terms established by the internal labor regulations and the collective agreement.
4.3. When performing work outside the normal working hours, at night, on weekends and non-working holidays, the Employee shall receive appropriate additional payments in the manner and amount established by the collective agreement and local regulations.
4.4. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.
5. Responsibility of the Parties
5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.
5.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
6. Final provisions
6.1. Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.
6.3. The employment contract is concluded in writing, drawn up in two copies, each of which has the same legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.
6.4. This employment contract may be terminated on the grounds provided for by the current labor legislation.
7. Details and signatures of the Parties
Employer:____________________________________________________________
(full name)
TIN _______________
__________________________________ ____________________ _________________
An employment contract is a special document designed to regulate mutual relations between an employer and an employee. Such a document applies to absolutely all specialties and positions. A professionally drafted contract (drawn up in accordance with the requirements of the Labor Code of the Russian Federation) allows one party to verify the performance of obligations by the other party.
Rights and obligations of the parties
At the same time, regardless of the specialty of the employee, such a document, whether it is an employment contract with a watchman or with any other employee, must contain mutual rights and obligations. So, the employee must:
- Strictly observe labor discipline;
- To conscientiously fulfill the duties assigned to him;
- Protect movable or immovable property owned by the employer.
The employer's obligations are regulated in the same way. He is obliged:
- Comply with the rules and regulations established by the labor laws of the country;
- Ensure the working conditions stipulated in the contract;
- Guarantee labor safety;
- Pay wages in full;
- Provide for the daily needs of their employees;
- Carry out employee insurance provided by law.
Specifics of work and nuances
An employment contract with a school watchman has its own characteristics, due to the specifics of the work. With a shift work schedule for the watchman, that is, when working during the day, the document should contain a specific indication of this: “the work schedule of the watchman (name is indicated) 2 through 2”. In such cases, it is necessary to take into account the maximum hours worked for this type of work - 160-180 hours per month. This is the norm.
A sample employment contract concluded with a school watchman contains an indication of a clear definition of the employee's working hours. Unlike other workers, whose main working time is considered to be the day, for the watchman it is night. Therefore, working hours are set - its beginning and end. The night time of the Labor Code of the Russian Federation (part 1 of article 96) is determined by the interval from 22.00 to 6.00.
It is not allowed to reduce the duration of such time for watchmen. This provision is enshrined in part 3 of article 96 of the Labor Code of the Russian Federation, which determines that the position of a watchman is the main job for which an employee is hired specifically and precisely on such conditions.
The object of protection of the watchman can be not only a general education school, but also any other. For example, if an employment contract is concluded with a watchman of a ski school, then it is natural that the duration of his work and some duties will differ from the time and duties of a watchman of a general education school.
Most often, this watchman is charged with protecting the territory adjacent to the school, and not bypassing the ski slopes. However, in cases where it is possible to bypass, watchmen may be required to inspect sports fields and competitive skiing tracks.
A fixed-term employment contract can be concluded with a caretaker when he is hired for a fixed period. It should be noted that a person is registered for the position of a watchman under a fixed-term contract only with his consent. A sample form of an employment contract with a caretaker can be downloaded from various sites containing legal information.
If the caretaker is financially liable, then an additional agreement must be concluded. Reference should be made to this document in the main employment contract. It should be borne in mind that the watchman does not bear full financial responsibility. His responsibility can only be partial.
A sample employment contract for 2019 for hiring a watchman contains all the details necessary for its conclusion, providing for:
- Data on the subject of the contract;
- Detailed obligations of the Parties;
- Schedule of working hours and rest time;
- wages and conditions;
- Responsibility of the Parties.
The contract must specify the rest time of the watchman on weekends, as well as the number of breaks for rest during the shift. For example, an employee has the right to rest every 12 hours for 30 minutes. This time is taken into account together with the working shift and is payable in accordance with the Labor Code of the Russian Federation.
Features of work in kindergartens
Let us turn to the employment contract with the watchman of the dow. It is concluded between the employee and the head of the household of the preschool educational institution in accordance with labor legislation. The employment contract with the caretaker of the preschool educational institution of 2019, in addition to the obligation of the employee to protect the buildings, structures and property of the institution, obliges him to comply with the "Instructions for protecting the life and health of children in the preschool educational institution."
According to the employment contract with the caretaker of the kindergarten, the employee must obey:
- Legislative acts and the Labor Code of the Russian Federation;
- the Charter and the Internal Labor Regulations adopted by the administration of the institution;
- Sanitary and epidemiological requirements;
- Employment contract and job description.
In practice, quite often there is an employment contract on the performance of other part-time work with a caretaker in his spare time from his main job. If such work is carried out under the guidance of the same employer, then this is called internal part-time work, and if it is for another, external part-time work.
You can work part-time no more than four hours a day. If the watchman, for example, works according to the “every other day” schedule, then he has the right to work the entire shift (the whole working day) at another part-time job.
Article current as of: February 2020
with a watchman (watchman)
_____________________ "___" _____________ 20__
(place of conclusion of the contract) (date of conclusion of the contract)
(full name of employer)
represented by ____________________________ ____________________________________,
(position title) (full name)
acting on the basis ______________________________________________,
(Charter, Regulations, Powers of Attorney)
hereinafter referred to as the "Employer", on the one hand and
Hereinafter referred to as the "Employee",
on the other hand, and collectively referred to as the "Parties", have entered into this
agreement on the following:
1.1. Under this employment contract, the Employee undertakes to perform
watchman's duties
(place of work with an indication of a separate structural unit
and its location)
a The Employer undertakes to provide the Employee with the necessary conditions
labor, provided for by labor legislation, as well as timely
and full payment of wages.
1.2. The employment contract is concluded for an indefinite period.
1.3. The employee is obliged to start work on "___" ___________ 20__.
1.4. The period of probation for employment is _____ months.
1.5. Work for the Employer is for the Employee
Place of work.
(primary or part-time)
2. Rights and Obligations of the parties
2.1. The employee has the right to:
- providing him with the work stipulated by this contract;
- payment of wages in the amount and in the manner prescribed
- complete, reliable information about working conditions and requirements
— protection of their labor rights, freedoms and legitimate interests by all
in ways prohibited by law;
- compensation for harm caused to him in connection with the performance of labor
obligations, and compensation for non-pecuniary damage in the manner prescribed by
the Labor Code of the Russian Federation, other federal laws;
- obligatory social insurance.
2.2. The employee is obliged:
- conscientiously fulfill their labor duties;
- observe labor discipline;
- take care of the property of the Employer and other employees.
2.3. The employer has the right:
— to encourage the Employee for conscientious efficient work;
- require the Employee to fulfill his labor duties
and respect for the property of the Employer and other employees,
observance of labor discipline;
— involve the Employee in disciplinary and material
responsibility in the manner prescribed by the Labor Code and other
2.4. The employer is obliged:
— comply with labor laws and other regulatory legal
conditions of the collective agreement, agreements and labor contract;
— provide the Employee with the work stipulated by this Agreement;
— ensure safety and working conditions corresponding to
state regulatory requirements for labor protection;
— provide the Employee with equipment, tools, technical
documentation and other means necessary for the performance of his labor
- pay in full the wages due to the Employee
payment within the terms established by this agreement;
— to acquaint the Employee against signature with accepted local
normative acts directly related to his labor
— provide for the daily needs of the Employee related to the performance of
— carry out compulsory social insurance of the Employee
in the manner prescribed by federal laws;
— compensate for the harm caused to the Employee in connection with the performance by him
labor duties, as well as compensate for moral damage in the manner and
on the terms established by the current legislation of the Russian Federation;
2.5. The parties have other rights and perform other obligations,
provided by the current labor legislation.
3. Working time and rest time
3.1. The employee performs work in accordance with the shift schedule,
approved by the employer. The shift schedule is based on
labor law requirements to provide the Employee with
uninterrupted rest of at least 42 hours.
3.2. The duration of the daily shift of the Employee is _____
3.3. The employee's inter-shift rest is ___ hours.
3.4. The employee is granted annual paid leave
lasting 28 calendar days.
3.5. An employee may be provided with an additional annual
paid leave, the duration of which is determined in
in accordance with the collective agreement and the rules of the internal labor
3.6. An employee may be granted unpaid leave
wages in accordance with applicable labor laws.
4. Terms of remuneration
4.1. The employee is paid a salary of
Rubles per month.
4.2. Salary is paid to the Employee twice a month
in the manner and terms established by the rules of the internal labor
order and collective agreement.
4.3. When performing work outside the normal
working hours, at night, weekends and non-working
public holidays The employee is paid appropriate additional payments in accordance with the procedure
and the amount established by the collective agreement and local regulatory
4.4. For the period of validity of this employment contract for the Employee
all warranties and indemnifications provided for by the current
labor legislation of the Russian Federation.
5. Responsibility of the Parties
5.1. In case of non-performance or improper performance by the Employee
their duties specified in this employment contract and official
instructions, violations of the labor legislation of the Russian Federation, as well as causing
To the employer of material damage, he bears disciplinary, material and
other liability in accordance with the current legislation of the Russian Federation.
5.2. The Employer bears material and other
responsibility in accordance with the current legislation of the Russian Federation.
6. Final provisions
6.1. Disputes between the Parties arising from the execution of this
employment contract are considered in the manner prescribed by the Labor
Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for in this labor
agreement, the Parties are guided by the legislation of the Russian Federation, which regulates
6.3. The employment contract is concluded in writing, drawn up in two
copies, each of which has the same legal force. All
amendments and additions to this employment contract are drawn up
bilateral written agreement.
6.4. This employment contract may be terminated on the grounds,
provided by the current labor legislation.
7. Details and signatures of the Parties
_____________________________ _____________ _____________________________
(name of the position of the person, (signature) (full name)
passport: series _______________________, N ____________________________
issued _________________________________ "___" ___________ 20 __
subdivision code __________________________________________________
registered at: _______________________________________________
Hello, in this article we will try to answer the question “Sample employment contract with a caretaker 2020 free download”. You can also consult with lawyers online for free directly on the site.
The contractor is only required to complete the work within a specific time frame, even if this requires working for days.
Website-assistant for the preparation of various contracts. Templates and forms. Everything is ready, from you - insert your data in the editor and print.
Sample employment contract must a security guard
This employment contract may be terminated on the grounds provided for by the current labor legislation. Jur's employer
In the lower right corner there is a widget to contact them. Mandatory requirements for an employment agreement In addition to special conditions, an employment contract must contain generally accepted ones.
Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.
An employee is subject to compulsory social insurance against industrial accidents and occupational diseases.
The watchman also guards the enterprise and its territory, but he does not need to come into direct contact with the offender to perform his duties, and there are no special requirements for admission. In his work, it is enough for him to respond quickly, informing the employer, as well as the police, the Ministry of Emergency Situations, the ambulance and other services about the violations in time.
The introduction of a replaceable system at the enterprise implies its competent formation, which does not conflict with the current legislation.
An approximate form of an employment contract with a watchman (watchman)
You can download an employment contract with a caretaker on our website, of course, having previously filled in all the details.
If necessary, the security guard can conduct an examination of a person in a specially designated place, and the watchman - only a visual inspection.
To the ear, the guard sounds much more prestigious, and it really is. The first distinguishing feature is the range of duties and rights. As a rule, former law enforcement officers or the military are recruited for this job.
The fact that relations with IT specialists can be built on the basis of the GPA is also confirmed by the courts (determination of the Kharkiv Administrative Court of Appeal dated 07/04/2012. Verification of the compliance of the quality of the Services provided with the requirements stipulated by this Agreement can be carried out with the involvement of independent experts. 5.
Overtime is paid for the first two hours of work at one and a half times, for subsequent hours - at double the rate. Based on the written consent of the Employee, overtime work may be compensated by providing additional rest time instead of increased pay, but not less than the time worked overtime.
Some managers oblige personnel officers to include all available conditions in the contract, believing that the larger the volume, the more significant the document.
In addition, the caretaker has the right to:
- on vacation;
- to pay sick leave;
- for other guarantees provided for by the Labor Code in relation to employees.
Some employers do not consider it necessary to formalize labor relations with employees hired. This is especially true when it comes to a specific profession, such as a watchman. However, this opinion is erroneous. By law, every officially employed employee must conclude an agreement of the parties with the boss.
How to draw up an employment contract with a caretaker?
The watchman is appointed to and dismissed by the chairman of the SNT "", in agreement with the members of the board. 2. Requirements. 2.1. Persons not younger than 18 years of age who have passed introductory briefing and briefing on labor protection at the workplace are allowed to work as a watchman.2.2.
For example, in case of fire. Then he reports to the head and to the rescue fire department. In the contract for hiring a watchman, it is necessary to outline the perimeter of his sub-responsible territory. In addition, sometimes they forget to indicate the immediate supervisor, to whom the watchman should contact to resolve professional and domestic issues. All this must be clearly stated in the terms of the employment agreement.
An employment contract for a watchman, a sample of which you can fill out right now, must be concluded taking into account the maximum working time per month - for employees of this category, the limit is 180 hours. An hourly wage may be specified in the employment contract.
The watchman has the right to propose for consideration by the chairman of the board proposals for improving the work related to the duties provided for in this Job Description. 5. Responsibility. 5.1.
Watchman's employment contract - sample
When performing work outside the normal working hours, at night, on weekends and non-working holidays, the Employee shall receive appropriate additional payments in the manner and amount established by the collective agreement and local regulations. This Agreement shall enter into force from the moment of its signing. This Agreement shall apply to the entire period of work with the property of the Employer entrusted to the Employee.
Tip: if the performer receives remuneration on a regular basis, instead of one long-term civil law contract, conclude separate contracts every month or provide for an advance payment system. In a civil law contract, do not provide for regular monthly payments. Otherwise, it may be recognized as labor (letter of the Ministry of Finance of Russia dated February 11, 2005 No.
His role is to alert the police as soon as possible by calling them to the scene and inform his employer in the first place.
The contract on the liability of the watchman (watchman)
It happens that the watchman needs to protect a secret state facility, in which case he needs to sign a separate non-disclosure agreement. If this threatens the life of the employee, then the amount of compensation, benefits and conditions must be indicated in the contract. Compensation for damage to property by the caretaker should also be included in the document.
Unlike a full-time accountant, relations with an accountant-entrepreneur are not of an employment nature, but of a civil law nature. This means that the norms of the Labor Code do not apply to such relations.
The Employee undertakes not to disclose legally protected secrets (official, commercial, other) and confidential information owned by the Employer and its contractors.
Verification of the compliance of the quality of the Services provided with the requirements provided for in this Agreement may be carried out with the involvement of independent experts. 5. Dispute Resolution Procedure 5.1. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the parties.
Drawing up an employment contract with a caretaker, what to look for
The essential conditions specified in the contract enable the employee to navigate his duties. The duties of a watchman are very different from the duties of other employees.
Modern security systems practically eliminate the need to involve watchmen in ensuring security at facilities.
You can conclude a fixed-term contract with the watchman, this can only be done with his consent. Urgent work acts with a caretaker are issued in such cases:
- When a security guard is hired for a fixed period;
- When this or that situation at the enterprise requires it;
- If you need to replace the main employee.
The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation. 6.1. Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.
In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.
Employment contract with a janitor sample
A personnel specialist is usually involved in drawing up an employment contract for a watchman, but by order, a personnel officer can transfer this responsibility to a part-time job or another specialist. Also, if the company is small, the manager can manage the personnel. An individual can also perform these duties independently.
The employee is not liable if the damage was caused through no fault of his. The material liability of the Employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the Employer's failure to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the Employee.
Sample employment contract with a caretaker 2020 free download
When performing work outside the normal working hours, at night, on weekends and non-working holidays, the Employee shall receive appropriate additional payments in the manner and amount established by the collective agreement and local regulations.
The contract on hiring a watchman is concluded with the employer for an indefinite period. The date of commencement of work and the establishment of a probationary period are indicated. An important condition for employment is the passage of special instructions and the provision of a medical certificate to the employer.
The document is made in two copies. Both copies are signed by the person being hired and the company (IP) or its authorized representative (part 1 of article 67 of the Labor Code of the Russian Federation).
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The Employee has the right, if necessary, or in agreement with the Employer, to use personal property for official purposes (to perform his job function and / or individual instructions of the Employer). For such use of personal property, the Employer shall pay monetary compensation to the Employee.
At the same time, regardless of the specialty of the employee, such a document, whether it is an employment contract with a watchman or with any other employee, must contain mutual rights and obligations.
A firm or individual entrepreneur has the right to use a standard form of an employment contract with an employee or develop a document on their own. The article contains standard forms and samples for 2020, which can be downloaded for free.
The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with an uninterrupted rest of at least 42 hours.
How to write the perfect employment contract in 2020
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The employer provides the watchman with the necessary equipment, informs about the duties and shows the boundaries of the protected area. The employee is entitled to a monthly salary, days off for at least two days and the provision of favorable working conditions.
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The employer's obligations are regulated in the same way. He is obliged: It is not allowed to reduce the duration of such time for watchmen.
The document is an agreement between the company and the employee. The company under it undertakes to provide a person with work in accordance with the stipulated labor function, to ensure the conditions provided for by law, and also to pay wages in a timely and full amount. A person performs the function prescribed in the contract in the interests, under the management and control of the employer, and also follows the rules of its internal regulations (Article 56 of the Labor Code of the Russian Federation).
An employee may be granted unpaid leave in accordance with the current labor legislation.
Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman) (place of work indicating a separate structural unit and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
As mentioned earlier, the activity of the watchman is in shifts, therefore, in the contract, you need to write a summary report of work for the entire year. The total processing time should not exceed 120 hours.
The Employer who caused damage to the Employee compensates for this damage in accordance with the current laws of the Russian Federation. 9.3.
If the use of the Employee's property for official purposes is carried out irregularly, the compensation specified in clause 9.1 of this Agreement is paid on the basis of documents and other evidence confirming the official use of such property.
Wages are paid to the Employee twice a month in the manner and terms established by the internal labor regulations and the collective agreement.
There is an exception to this rule. According to the Decree of the Government, strategic enterprises, except for enterprises engaged in departmental security, as well as subjects of natural monopolies and corporations owned by the state, are entitled to create their own PSCs.
Termination of the employment contract at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer no later than two weeks before the expected date of termination of this contract. The specified period begins the next day after the Employer receives the Employee's application for dismissal.
Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman), and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
Use direct download links. Download an example of filling and a blank form in formats for opening in Word and Excel. Print and fill out the correct sample document. To avoid mistakes, use the instructions for filling.
An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.
Draw up employment contracts in the BukhSoft program. It takes into account the specialty and working conditions of any employee. The contracts fully comply with the requirements of Rostrud.
For family reasons and other valid reasons, the 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 of the Employer.
In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and / or inaction of the Employer.
What Not to Include in an Employment Contract
Full name), acting on the basis (charter, power of attorney, etc.), hereinafter referred to as the "Employer", and a citizen (full name), hereinafter referred to as the "Employee", have concluded this agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. The Employer undertakes to provide the Employee with a job as a security guard, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement (if any), agreements, local regulations and this agreement, to pay timely and in full The Employee's wages, and the Employee undertakes to personally perform the functions of a security guard, to comply with the Internal Labor Regulations in force at the Employer.
In this case, the employer is an individual without registration of IP. Most often, such employers enter into a contract with service personnel. signed with minor citizens; prisoners with persons who perform family duties; issued with foreigners; signed with stateless persons.
Full name of the enterprise indicating the legal form], TIN [value], [address], registered by [name of the registering authority, date, number of the registration decision] represented by [position, full name], acting on the basis of [ name of the document confirming the authority], hereinafter referred to as the "Employer", on the one hand, and [F.
Completed sample employment contracts for 2020 (download in word)
The main duties of a watchman include: guarding a certain territory, detecting faults in windows, doors, locks, etc. If suspicious persons are identified, the watchman must report to the authorities responsible for the offense. In the event of a fire, he reports this to the fire brigade on duty, the police and takes measures to stop the fire. In addition, the employee controls the access to the building upon presentation of the relevant identification documents.
The employer has the right: 2.5. The parties have other rights and perform other duties stipulated by the current labor legislation. 3.2. The duration of the daily shift of the Employee is hours. 3.3. Inter-shift rest of the Employee is hours. 3.4. The employee is granted annual paid leave of 28 calendar days.
The Labor Code of the Russian Federation states that for work at night, the salary should be provided in an increased amount. Also, when drawing up an employment contract with a watchman, you need to include time periods when the territory will be bypassed. So the employer will be sure of the safety of the protected object, and the employee will have a clear schedule according to which he will work and fulfill his duties.
with a watchman (watchman) in a person acting on the basis of , hereinafter referred to as " Employer”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Worker”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. Under this employment contract, the Employee undertakes to perform the duties of a watchman (watchman) in, and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employment contract is concluded for an indefinite period.
1.3. The employee is obliged to start work from "" 2020.
1.4. The period of probation for employment is one month.
1.5. Work at the Employer is a place of work for the Employee.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The employee has the right to:
- providing him with the work stipulated by this contract;
- payment of wages in the amount and in the manner prescribed by this agreement;
- rest;
- complete, reliable information about working conditions and labor protection requirements;
- protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
- compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
- compulsory social insurance.
2.2. The employee is obliged:
- conscientiously fulfill their labor duties;
- observe labor discipline;
- take care of the property of the Employer and other employees.
2.3. The employer has the right:
- encourage the Employee for conscientious efficient work;
- require the Employee to fulfill his labor duties and respect the property of the Employer and other employees, observe labor discipline;
- bring the Employee to disciplinary and material liability in accordance with the procedure established by the Labor Code and other federal laws;
2.4. The employer is obliged:
- comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreements and an employment contract;
- provide the Employee with the work stipulated by this Agreement;
- ensure safety and working conditions that comply with state regulatory requirements for labor protection;
- provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
- pay in full the wages due to the Employee within the time limits established by this agreement;
- to acquaint the Employee against signature with the adopted local regulations directly related to his work activity;
- provide for the daily needs of the Employee related to the performance of their labor duties;
- carry out compulsory social insurance of the Employee in the manner prescribed by federal laws;
- compensate for the harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the conditions established by the current legislation of the Russian Federation;
2.5. The parties have other rights and perform other duties stipulated by the current labor legislation.
3. WORKING AND REST TIME
3.1. The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with an uninterrupted rest of at least 42 hours.
3.2. The duration of the daily shift of the Employee is hours.
3.3. Inter-shift rest of the Employee is hours.
3.4. The employee is granted annual paid leave of 28 calendar days.
3.5. An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.
3.6. An employee may be granted unpaid leave in accordance with the current labor legislation.
4. TERMS OF PAYMENT
4.1. The employee is paid a salary in the amount of rubles per month.
4.2. Wages are paid to the Employee twice a month in the manner and terms established by the internal labor regulations and the collective agreement.
4.3. When performing work outside the normal working hours, at night, on weekends and non-working holidays, the Employee shall receive appropriate additional payments in the manner and amount established by the collective agreement and local regulations.
4.4. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.
5. RESPONSIBILITIES OF THE PARTIES
5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.
5.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
6. FINAL PROVISIONS
6.1. Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.
6.3. The employment contract is concluded in writing, drawn up in two copies, each of which has the same legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.
6.4. This employment contract may be terminated on the grounds provided for by the current labor legislation.
7. ADDRESSES AND DETAILS OF THE PARTIES
Employer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
Worker Registration: Postal address: Passport series: Number: Issued by: By: Phone:
8. SIGNATURES OF THE PARTIES
Employer _________________
Worker _________________
Please note that the employment contract is drawn up and verified by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.
In order to properly legitimize relations with a conditional worker, it is necessary to conclude a formal employment contract. Regardless of the position, the employer must conclude this document in each case. In this case, the type of labor contract may be urgent, but this will not affect the approximate sample of this document in any way. How it is filled in in the case of hiring a watchman or security guard will be described later.
How to draw up an employment contract with a caretaker
To do this, first of all, the conditional organization must have an unfilled sample. In accordance with local regulations, a contract with a caretaker must be concluded in writing. Work at the same time can be in shifts, or if the guard is accepted as a watchman.
The mode of operation is established directly by the parties. If the workflow is supposed to be in the form of a “day in a day” mode, then this condition is necessarily prescribed in the contract.
The following provisions are written here as a separate paragraph:
- rights and obligations;
- the scope of responsibility of both parties;
- remuneration system;
- working conditions;
- final provisions.
In addition, the contract must also indicate possible cases of termination of relations. The parties are not prohibited from specifying any additional clauses in the contract that do not contradict the current Russian legal legislation.
Characteristic features of a fixed-term employment contract with a caretaker
The characteristic features of a formal employment contract in this case will be:
- obligatory determination of the schedule or working time in hours;
- calculation of daily salary with transfer to monthly deductions;
- determination of the scope of responsibility;
- number of working days per month.
If we are talking about a fixed-term contract, then the main feature will be to determine the duration of its validity.
Fixed-term contracts, even if they involve a shift schedule, are concluded for a certain period of time. This period of time cannot exceed 5 years. If a longer period of work of a security guard or watchman is required, then the contract must be concluded indefinitely. Pay attention to the maximum terms when filling out.
The term of the agreement in practice usually does not exceed 2 years. If necessary, the parties may fill out an additional agreement to record, again in writing.
Features of an employment contract with a security guard with a shift schedule
The shift schedule of a watchman or conditional guard involves filling out a separate clause in the employment contract, in which the schedule will be indicated in working hours or days. Here, first of all, it is necessary to pay attention when filling out the determination of the daily salary. This salary for a shift schedule is usually calculated by the hour.
After that, on the 15th day of each month, these amounts are added up, and thus a fixed amount of the advance is obtained. Therefore, even if a security guard or watchman is hired to work in a children's institution, the shift schedule must necessarily be reflected in the agreement. If the schedule is not specified, then an additional form can be developed for this specifically to determine the schedule. Non-working days according to the schedule can be considered days of rest, the hourly salary for which does not apply ().
Liability of the security guard under the contract
The dispositions of labor legislation do not prohibit establishing liability in respect of a caretaker or security guard in material form. These conditions are negotiated by the parties independently. But if the employer insists on the liability of the described employee, then he is obliged to provide all the necessary security conditions that guarantee the safety of material assets.
At the same time, the level of liability cannot exceed 15% of the average salary of a conditional security guard or watchman. It is this amount, in case of recovery, that can be deducted from wages on a monthly basis.
Employment contract with a school watchman - sample 2018
On the example of a children's institution, we can consider a conditional sample of such an employment contract. For reference, you can download it from the link below:
According to this sample, it can be seen that the watchman is an employee who is assigned a shift schedule. Initially, all the mandatory details of the security guard himself are prescribed, then data on the children's institution are indicated. The direct shift schedule is prescribed in a separate chapter, in which the exact number of working days is calculated.
In this case, the hired watchman does not bear financial responsibility, which was established by joint agreement with the employer.
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