When signing an employment contract, unscrupulous employers include clauses in it that they can then use against employees. This was warned by the lawyer of the St. Petersburg City Bar Association Anton Gazalov in an interview with Lenta.ru. He listed the main tricks that occur in contracts.
First of all, it is necessary to check that the term of its validity and the date of commencement of the work of the applicant are specified in the contract, the specialist noted. “A fixed-term employment contract differs from an indefinite one by the presence of a start and end date for employment. That is, from the contract it should be clear from what date a person started work and until what date he works. But sometimes employer representatives forget to indicate this. Most often out of ignorance, since doing it out of malice is more expensive for yourself. When the deadline for working with a person comes, it turns out that he cannot be fired, because the fixed-term contract has already turned into an indefinite one, ”the lawyer explained. Anton Gazalova lawyer
Place of work
Also, the address of the office or institution must be indicated in the agreement, the lawyer added. If this is not in the document, there may be unpleasant consequences for both parties. “The employee has the right not to go to work. And absenteeism cannot be imputed to him – in court, he will be able to explain his actions by the absence of important information in the contract. It may be difficult to transfer to another locality if necessary. At a minimum, unscrupulous employers may not pay the due money if a person refuses to move. All this is being challenged in court, but the situation is unpleasant,” explained Anton Gazalov. Related materials: What is freelancing: pros and cons. and examples. How to write a good cover letter? July 1, 2023
Vacations and working hours
The contract must necessarily indicate the duration of the working week, the duration of the daily work of the shift, the start and end time of work, breaks, the number and schedule of shifts, the alternation of working days and days off. “If this is not specified, the employee’s right to rest is directly violated. In addition, it will not be possible to determine the processing, and the person will not be compensated for additional hours of work. On the other hand, if the pre-specified clauses are not fixed in the contract, the employee is not required to be at the workplace from 9:00 to 18:00, even if such a framework is stipulated in the internal labor regulations, ”said the lawyer. Anton Gazalovalawyer
One of the most important points is information about the salary, the timing of its payment, the place and methods of receipt, added Anton Gazalov. “According to the Labor Code of the Russian Federation, wages are paid every half a month on the day established by the internal labor regulations, a collective agreement or an employment contract. The absence of these points will allow the employer to violate the terms of payment and not be punished for this, ”he concluded. Earlier it became known the proportion of Russians who are not able to live on savings for more than a month.