Employment contract for the construction period. Labor contract in construction

In branch labor law, especially in such a difficult area as construction, there is one important document that can protect the parties to legal relations - this is an agreement. And being employee, issued on vacant position or owner construction company, it is necessary to understand all the specifics labor agreement and take a balanced, rational approach to resolving the issue of the need to conclude it between the parties.

Employment contract, on the one hand, ensures compliance with all legal norms in legal relations between the team and the administration, on the other hand, makes it possible to provide additional conditions, beyond the scope of regulations, such as, for example, the opportunity to book hotels in Minsk during business trips, checking the prices in advance according to the price list.

An agreement of this kind may be concluded for the period of construction work at any one facility as a whole, or for a clearly defined type of work, or for a certain time period: a week, a month, a year, and also indefinitely.

Highlights. which the parties must certainly discuss and include in the employment contract are the following:

1. Internal schedule labor regulations enterprise, namely, coordination of the activities of enterprise employees in achieving a common goal.

2. Employee social guarantees: duration working day, rest and vacation time, minimum wage or fixed tariff schedule, payment of benefits and compensation due to him.

3. Clearly marked circle job responsibilities and external control system management team enterprises.

4. Conditions of employment, namely: establishment probationary period or initial full-time employment.

5. Possibility of dismissal if options are provided that were not initially specified in labor legislation.

6. System of fines and rewards.

7. Details and contact details of the parties.

When concluding an employment contract, a construction team employee must be confident in his legal protection and that all obligations assumed by the employer, for example, payment for a hotel in Minsk near the airport, prices for which are agreed upon in advance, or reimbursement of expenses for food and travel during the period long business trips will be fulfilled.

A correctly drawn up employment contract will certainly protect both parties to legal relations in the field of construction, ensure proper fulfillment of assumed obligations and provide an opportunity effective development employer enterprise.

The topic of protecting employee rights in the construction industry sounds like a mockery to some. Is it worth discussing under which contract it is more correct to register an employee if, according to recruiters, half of the vacancies even for mid- and top-level specialists imply not official employment. However, experts say that it is high time to pay attention to this problem. On the one hand, regulatory authorities are putting pressure on employers. On the other hand, there are the candidates themselves, who have become more selective, despite the fact that the labor market did not have time to warm up much after the last crisis.

Longer is better, better

“Of course, over the past two years in construction, the number of employers reconsidering their attitude to labor legislation has increased. For example, the vacancies that I had in my work since the beginning of 2011 (from estimator to construction director) required not only official employment, but also the signing of an open-ended employment contract,” says Olga Rybalova, head of the personnel selection group at the personnel center “ UNITY." At the same time, the expert points out that employers are primarily driven by the desire to attract a good specialist and retain him.

A similar opinion is expressed by Natalya Bashynbar, Executive Director Storm Properties: “In our company, all employees work for an indefinite period. on a contract basis. This is the principled position of the company’s top management. We strive to hire the best specialists in their field and look forward to long-term cooperation with them, so we guarantee their long-term employment. If the project is terminated, the specialist is transferred to another. Yes, there were times when individual workers there were downtimes. But usually such a period does not last long, and it is much easier to “keep” a reliable employee for a while than to search for a new one every time.”

The shortage of knowledgeable specialists and responsible workers has already manifested itself again for two years now, so large and medium-sized companies that have the opportunity to retain staff do not plan to even accidentally part with hired workers and make contracts with them open-ended contract. According to reviews of large developers, builders and architectural firms, most of them are fully staffed.

“Employers prefer open-ended employment contracts because they are more protected this way,” confirms lawyer Anastasia Evdokimova. According to her, the employee permanent basis will try to work efficiently, because he moves from project to project and is associated with the employer with some permanent obligations.

However, this was the case until recently, when the post-crisis thaw introduced new projects one after another. Another stagnation in construction, which analysts are increasingly talking about, may force even strong players to think about the need to have insurance in case of lack of orders.

What if there is no new facility, but the staff needs to be maintained?..

Temporary use

An employer can protect itself by signing a contract with the candidate for certain time. According to experts from the UNITY personnel center, this format employment is usually offered to project leaders (managers). Basically, such specialists are hired for construction specific object. Often vacancies are related to the developer's regional plans.

“For example, one of the companies with which our personnel center worked was looking for a project manager for the construction of a power plant. Accordingly, we selected a person with certain work experience, knowledge, and connections,” explains Tatyana Chernyshova, recruitment consultant at the UNITY personnel center.

Temporary forms of employment are also actively used by enterprises for which land development is not a core business. List of specialists hired under specific project, theirs is wider. “Usually, under a fixed-term employment contract, we invite builders, engineers, designers and planners to participate in our projects,” Natalya Legotina, head of the Architectural Bureau, gives an example.

According to Tatyana Chernyshova, actively conclude agreements with employees for limited period Western firms were the first to begin work. “Not so long ago they were in the majority, but this moment Russian companies understood the attractiveness of such hiring and are not lagging behind. At the same time, there is no problem of filling such vacancies - specialists are already ready to work under a fixed-term contract, including in construction,” says the expert.

We wanted the best...

Indeed, more and more employers are offering formal employment to specialists. But, unfortunately, practice shows that when attracting candidates for temporary work, many companies replace labor relations with civil law ones: instead of a fixed-term contract, they enter into a contract.

“This option is more convenient for the employer, since it gives him more rights and privileges. Specifics contract agreement is that it is regulated by the Civil Code, so more responsibility falls on the employee,” explains Anastasia Evdokimova.

"IN contractual relations construction contract the person performing the work receives remuneration if the object is built and subsequently transferred. In contractual relations, regulated by standards labor legislation, such a condition is not observed. The employee receives remuneration for the work regardless of whether the construction project has achieved the specified parameters and whether there has been a subsequent transfer... Essentially, this means that under a construction contract, the person performing the work receives remuneration for what has been done, according to employment contract - for what he does,” explains Oleg Ershov, candidate legal sciences, senior lecturer at the department of civil law disciplines of the Omsk Academy of the Ministry of Internal Affairs of Russia.

Some employers prefer a contract agreement because they believe that in this case they will be able to save on taxes. But lawyers deny this point vision. " Tax burden has virtually no differences: personal income tax and insurance premiums the employer pays them in the same amount,” explains Alina Domkina, lawyer at the Interregional Bar Association of Moscow, “as when concluding fixed-term contract, and contract agreements. But the responsibility really shifts more to the employee.”

“For example, a crack appeared in the facade of the house, on the fifth floor, and the house is nine floors. If done officially, through an organization, the costs will be high. The device must be secured, a specialist must be hired, labor protection laws come into force, safety precautions must be observed, and so on. Many go the other way. There are such specialists - climbers. One man with mountain equipment - ropes, ropes, carabiners, a chair - he attached himself, went down and repaired the hole. This saves everything: money, because it’s cheaper to hire a private specialist, and time - we signed an agreement, and an hour later he’s already on the roof,” says Alexander Aderiho, head of the HR department of JSC MAPID.

As representatives of a number of companies note, employees, as a rule, do not care what type of contract the employer enters into with them, as long as they receive regular payments and are satisfied with working conditions. However, employees show this indifference only until they know what they are actually risking and what they are losing.

Isn't that what we agreed on?

“Many experts forget that a number of works in the field of construction (which were previously subject to licensing) can now only be carried out by companies and individual entrepreneurs, entered into the so-called self-regulatory organization(SRO). Thus, the activities of a citizen (who is not a member of an SRO) who has entered into a contract with an employer can be regarded as illegal business, for which it is provided criminal liability, explains Alina Domkina. – Moreover, the customer, in whose role the company acts, in this case also risks. The fact is that a transaction between an employer and an employee can be declared invalid as a transaction that goes beyond the scope of legal capacity legal entity(by analogy with Article 173 of the Civil Code of the Russian Federation). Consequences this decision the court will be the additional assessment of VAT and income tax, as well as the recovery of everything received as state income.”

In addition, an employer who enters into a contract with an employee transfers responsibility for the implementation to the latter. technical standards and SNIPs that affect labor safety. “Accordingly, no payments related to possible accidents are provided, just as payment sick leave, explains Alina Domkina. – One of the advantages for the employer is the opportunity, within the framework of the contract, to terminate it at any time. By terminating the employment relationship without the employee’s consent, the company will have to pay compensation to the latter.”

It turns out that if a company replaces labor relations with civil law ones, then the employee (in the worst case scenario) may be left without material compensation due to incapacity for work, and at the same time also risks ending up in the dock. What about the savings for the employer? " Possible expenses companies entering into a fixed-term employment contract include: payment for the first three days of sick leave (the remaining amount is reimbursed by the Fund social insurance) and payment due for vacation time worked,” explains Alina Domkina. At the same time, according to her, precedents are increasingly emerging when employees whose employer refused to pay sick leave or severance pay filed lawsuits. As a result, the contract was recognized as a labor contract and, in addition to appropriate compensation to the employee, the company had to pay penalties and fines for violations of labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation - up to 50,000 rubles).

Experts note that in addition to the procedure for payment for work, there are other subtleties of the construction contract that limit its application. “If the employer actually tries to present himself as a customer, then he must comply with the requirements of Art. 748 of the Civil Code of the Russian Federation on non-interference in the operational and economic activities of the contractor as a performer of work. In turn, establishing the fact of such interference (for example, providing tools of production, distributing the optimal time limit, etc.) allows us to make the assumption that relations have arisen between the parties that should be regulated by labor law,” says Oleg Ershov.

Moreover, according to Civil Code Russian Federation, the object under construction under the concluded contract belongs not to the customer, but to the contractor, who only upon completion of all work transfers the result of his work (for example, a building) to the customer under the acceptance certificate.

According to Oleg Ershov, it should be remembered that a construction contract, unlike an employment contract, is concluded for the construction of the entire facility as a whole. " Contract relations establish the period of construction of the object as a whole, and not part of it. Therefore, the employer here cannot formalize the actual employment relationship with a construction contract. Even if we take into account that construction has been going on for several years, the employer must formalize the employment relationship through a fixed-term employment contract, indicating the reason,” explains the expert.

To summarize, it is worth noting that, despite the slowness, civilized approaches to obtaining employment are gradually being introduced into the Russian construction industry. And a fixed-term employment contract is not just one of the options for formalizing a relationship with an employee, but at the moment it is also an opportunity to eliminate the need to maintain staff in the absence of orders. Moreover, workers, as mentioned above, fixed-term contracts have a positive attitude and, contrary to popular opinion, do not expect more high level compensation. “Basically, candidates agree to average market salaries. Some projects, despite the fact that they are temporary, can last up to three years, some of them provide for further support. In general, conscript vacancies in the construction industry are filled successfully and without any hiccups,” reports Tatyana Chernyshova. According to her, the number of such labor contracts contracts in construction will only increase: “We should not forget about the growing number of Western companies
in the Russian construction market, and they only have this format of business relations.”

Well, since the number of professionals in this market is very limited (according to the UNITY personnel center, even during the crisis it was very difficult to find a quality candidate), the employer’s honesty becomes an important advantage in the eyes of the candidate.

Irina Meshcheryakova
Personnel center "UNITY"

A fixed-term employment contract is an agreement concluded between an employer and an employee for certain period, limited specific date or the occurrence of a certain event. Download a sample employment contract urgent you can follow the link below.

How to conclude a contract correctly

Such an agreement is most often concluded in cases where seasonal employees are hired for temporary work, as well as for the period of replacement of absent employees (for example, for a period maternity leave permanent employee).

Hiring employees under a fixed-term employment contract is formalized in the same way as hiring permanent employees. The difference is that the contract has an expiration date. Employees with a fixed-term employment contract have the same rights as permanent employees. Deductions are made from their salaries necessary taxes, insurance premiums are paid, the employer is obliged to provide all the same social guarantees, as permanent employee, is obliged to provide vacation and pay sick leave.

The employee may be required to write an application for employment under a fixed-term employment contract →.

The employee, in turn, despite the urgency of the employment contract concluded with him, is obliged to comply with all the rules that are established at the enterprise. In the process of performing his work, he must be guided by his job description. A temporary worker, just like a permanent worker, bears disciplinary liability for various types of violations. In addition to a fixed-term employment contract, an open-ended employment contract can be concluded. Sample of an employment contract concluded at indefinite term can be downloaded.

Contents and conditions of a fixed-term employment contract

In general, an employment contract concluded for a certain period has the same details and conditions as an open-ended employment contract.

An important detail of the contract is the validity period - the expiration date of the employment contract and the events that must occur for the agreement to expire can be specified.

Another feature is that temporary worker There is no probationary period.

Among other details:

• information about the employer and employee;
• position and place of work;
• remuneration procedure;
• job responsibilities;
• liability of the parties;
• operating mode;
• social guarantees;
• conditions early termination agreement.

Deadline

If the expiration date approaches labor relations, then the employer is obliged to in writing notify the employee about this. If the duration of the employment contract does not exceed 2 months, then the employee must be notified no later than 3 days in advance. If the validity period is more than 2 months, then notification must be made no later than 2 weeks in advance. An example of a fixed-term employment contract can be downloaded from the link below.