An employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts Russian Federation or an employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin execution labor responsibilities from the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation employment contract does not deprive the employee of the right to receive mandatory security social insurance upon the occurrence of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.
Commentary to Art. 61 Labor Code of the Russian Federation
1. As a rule, an employment contract comes into force from the day it is signed by the parties, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative, or if otherwise established:
a) federal law, other regulatory legal acts;
b) an employment contract.
2. The determination of the beginning of the practical performance of labor duties by an employee must be established by an employment contract. Otherwise, the start date of work is the next business day after the contract enters into force.
3. Cancellation of an employment contract is carried out by the employer if the reasons for which the employee did not start work are not valid.
Second commentary on Article 61 of the Labor Code
1. An important legal guarantee is that the employment contract comes into force from the day it is signed by the employer and employee. This general rule provided for by this article of the Code.
The employee will be considered hired from a specific date specified in the order (instruction) of the employer. It must be remembered that this date must correspond to the date of employment stipulated by the employment contract.
2. A legal guarantee is the actual admission of an employee to work with the knowledge or on behalf of the employer or his representative. Here, the employment contract comes into force from the day the employee is actually admitted to work.
3. In cases where the employment contract does not stipulate the start date of work, the employee must begin work on the next working day after the contract enters into force. If an employee without good reasons did not start work at deadline, then the employer has the right to cancel this employment contract. In this case, the employment contract is considered not concluded.
You should know that the cancellation of the employment contract itself does not deprive the employee of the right to receive compulsory social insurance benefits in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.
4. In some cases, federal laws, other regulatory legal acts or agreement of the parties may establish a different procedure for the entry into force of an employment contract.
For example, the conclusion of an employment contract with the head of a federal state unitary enterprise is carried out by federal executive authorities, which are entrusted with coordinating and regulating activities in the relevant industries or areas of management in agreement with the Ministry of State Property of the Russian Federation. In this case, an order for appointment to a position is possible only after confirmation by the Ministry of State Property of the Russian Federation of the corresponding approval (see Decree of the Government of the Russian Federation of March 16, 2000 “On the procedure for concluding employment contracts and certification of heads of federal state unitary enterprises"(as amended on March 23, 2006) // SZ RF. 2000. N 13. Art. 1373).
An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative. The employee is obliged to begin performing his job duties on the date specified in the employment contract. If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force. If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.
Legal advice under Art. 61 Labor Code of the Russian Federation
- Lawyer's answer:
In the employment contract, write the date when the employee began work. Thus, the contract is valid from the date when the employee was allowed to work, by virtue of Article 61 of the Labor Code of the Russian Federation. The date of signing the employment contract must be actual. Only in advance you must pension fund decide how you will pay all the contributions, and also with the tax office regarding the personal income tax that are due... If they ask you why you didn't pay before, say that you are ready to pay now. I hope this information helped you somehow. Just keep in mind that an employee registered under an employment contract is subject to guarantees, due to employees according to the labor legislation of the Russian Federation. It is practically impossible to fire such an employee. Having cut, he needs to pay severance pay, vacation, sick leave, etc. Registration of an employee occurs by issuing an order by the organization, making an entry in work book. The work book is the main document.
- Lawyer's answer:
Yes, it should.... but only if the sick leave was opened during the period from the day when the employment contract was concluded until the day when it was canceled (Part 4 of Article 61 of the Labor Code of the Russian Federation). After all, the Federal Social Insurance Fund of Russia pays hospital benefits if the insured event (illness, injury, etc.) occurred during the period of work under an employment contract (Article 5 and Part 1 of Article 6 of the Law of December 29, 2006 No. 255-FZ) . In this case, sick leave benefits are paid for no more than 75 calendar days (with the exception of tuberculosis). This follows from Part 4 of Article 6 of the Law of December 29, 2006 No. 255-FZ. The fact that an organization has the right to cancel an employment contract with an employee who has not started work on the day it starts is stated in Article 61 Labor Code RF. It also explains which day should be considered the first day of work for a new employee. This day may be specified in the employment contract. If this day is not named there, then the employee must begin work on the next working day after the employment contract comes into force. In the case of your friend, sick leave will not be paid.
- Lawyer's answer:
Victor Vatolin
Is failure by an employee to provide a work book grounds for cancellation of an employment contract? They signed an employment contract. He did not begin his duties. The appointment order was drawn up. The employment contract took 2 days. It turned out that he already has a main job (we don’t need a part-time employee). The employment contract says that this should be his main job. The employee does not suit us because doesn't bring work book
- Lawyer's answer:
Dear Dmitry! Part 4 of Article 61 of the Labor Code of the Russian Federation will help you: “If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded.”
- Lawyer's answer:
- Lawyer's answer:
The bankruptcy trustee has the right to apply to the court to declare the transaction invalid. Article 61.9. Persons authorized to file applications to challenge the debtor's transaction An application to challenge the debtor's transaction may be filed with the arbitration court by an external administrator or bankruptcy trustee on behalf of the debtor on his own initiative or by decision of a meeting of creditors or a committee of creditors, and the limitation period is calculated from the moment when the arbitration manager found out or should have known about the existence of grounds for challenging the transaction provided for by this Federal Law.
They can’t close it, but they can write a bunch of fines and suspend activities - there is such a wonderful body - the Federal Labor Inspectorate ... oh, they like to check compliance labor legislation.
- Lawyer's answer:
Evgeniy Podshivalov
employment contract! Can I terminate it the next day after signing an employment contract (without ever going to work) the next day?
Anyut, ask your question to the lawyers on the website 9111, this is an online law firm. help, free. But I think it's possible, there shouldn't be any problems
- Lawyer's answer:
Whether there is an employment contract or not is tertiary. But if the employment contract does not stipulate that the employee is hired with full financial responsibility, then this employee cannot be held to full financial responsibility. Let him sue, and you do not voluntarily admit guilt under any circumstances.
- Lawyer's answer:
the employment contract is considered concluded from the moment the actual performance of duties begins. the man started to work - labor agreement concluded. and start with.... -there is no such wording anywhere in the law. It’s your boss who is selling himself on himself. it would be better if he punched himself in the face [Labor Code of the Russian Federation] [Chapter 10] [Article 61] An employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative. The employee is obliged to begin performing his job duties on the date specified in the employment contract. If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force. If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.
- Lawyer's answer:
The Labor Code has already been violated against you by signing an agreement a month after some kind of probationary period. In accordance with Article 61 of the Labor Code of the Russian Federation, an employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of employer or his representative. states: “When concluding an employment contract, by agreement of the parties, it may include a provision for testing the employee in order to verify his compliance with the assigned work.” You have already violated the Labor Code of the Russian Federation twice. Moreover, it is not clear what kind of agreement was concluded with you. I advise you to file a claim in court.
- Lawyer's answer:
YOU haven’t signed the employment contract yet, which means you haven’t submitted all the documents required when applying for a job. Without signing an employment contract, you did not start work (we take the classic version, when all the provisions of the Labor Code are fulfilled), therefore, you and the employer did not have any legal obligations to each other. That is, the documents are with you and you are free.
- Lawyer's answer:
Direct violation of the Labor Code of the Russian Federation. And regarding: “... and no one has been deceived with payment yet...” - rest assured, you personally will be the first. Dealing with such blatant impudence and violation of the Law is VERY DIFFICULT. There is no such thing as a “freelance employee” in the current Russian legislation NOT PROVIDED. Try to “get a job” on their terms, and then hand them over like glass containers to the prosecutor’s office and labor inspectorate (at the slightest threat/suspicion of a violation of your rights). Here are excerpts from the Labor Code of the Russian Federation: Article 11. Effect of labor legislation and other acts containing labor law norms ... In cases where the court has established that a civil law agreement actually regulates labor relations between an employee and an employer, such relations are subject to provisions of labor legislation and other acts containing norms labor law. Article 61. Entry into force of an employment contract An employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is ACTUALLY AUTHORIZED to work with the knowledge or on behalf of the employer or his representative. (as amended by Federal Law No. 90-FZ of June 30, 2006) The employee is obliged to begin performing his job duties from the date specified in the employment contract. If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force...
- Lawyer's answer:
Sick leave It is definitely needed - this is a document about incapacity for work. Otherwise, the employer will think that you were out and about and didn’t want to work, so you need sick leave. and they pay according to this sheet according to your average earnings and how much you worked at your workplace. Now they’ve really done it, so it’s no longer profitable to get sick; they pay pennies for sick leave.
First, you enter into an employment contract. Then the employee receives permission. Then he begins to perform his duties.
- Lawyer's answer:
If the employee does not actually begin to perform his job duties on the day he starts work, the employer has the right to unilaterally cancel the employment contract, which in this case will be considered unconcluded. Cancellation of an employment contract is a right, not an obligation of the employer. Moreover, if during the period from the date of conclusion of the employment contract to the day of its cancellation, the employee falls ill and receives a certificate of incapacity for work, then he has the right to receive insurance coverage, that is, temporary disability benefits (clause 5 of article 2 of the Federal Law of December 29, 2006 N 255-FZ).
Antonina Ershova
Consult on the articles of the labor code. What is the penalty for not employing an employer if I work and he hasn’t hired me? And if he doesn’t pay his salary? What's the worst that could happen to him? Thank you
Vasily Bushuev
How to draw up an employment contract with an employee who was verbally allowed to work, but a written contract was not concluded with him. There are employees at the enterprise with whom written employment contracts have not been drawn up. They have been working for several years, there have been no global checks, but soon it is expected how to draw up employment contracts with them, how to register the date of their actual start of work
Natalia Zakharova
Should sick leave be paid? A friend got a job, on the day she started work under an employment contract, she took sick leave because... had a high temperature. On the same day, the employer canceled the contract with her under Article 61 of the Labor Code of the Russian Federation. Question according to Art. 5 of Federal Law N 255-FZ and the same Article 61, should her employer pay her sick leave?
Inna Ponomareva
Anyone who understands labor law, please tell me!! If I filled out forms and an application for employment, but did not see the order to enroll in the staff, am I considered officially employed or not, otherwise the HR department is muddling something up, then we will register you in one number and call you back so that you came and signed the documents, then we have already processed you. How do I find out, otherwise I go to work and don’t understand whether there will be a salary or not.
Grigory Pyatykh
Can third parties cancel the purchase and sale of an apartment (recognise it as illegal)? Let's just say that copies of the apartment purchase and sale documents were given to a third party - to the chairman of the HOA(to the lawyer). I still don’t own the apartment because the developer is bankrupt, there are lawsuits going on regarding his bankruptcy, and actually I haven’t been able to register ownership of the apartment yet. The problem is that the apartment was purchased as if retroactively before the bankruptcy of the developer. So here’s the actual question: can third parties cancel the purchase and sale transaction of an apartment (recognise it as illegal) on the basis of my documents (even if they are copies)
Peter Basin
Is it possible to close a company if it violates the Labor Code of the Russian Federation? If so, violation of which articles can lead to closure?
Ekaterina Ivanova
Here's a question.... Gentlemen, lawyers, respond! My sister worked part-time as a promotional model. I did not enter into an employment contract. They promised to give her a salary at the beginning of August, but they didn’t... They said there were problems with money, they told me to call when everything was settled. It seems to me that they will deceive her with her salary? What do you think? In case of fraud, is it worth going to court? And what could serve as proof that she worked there (other than TD)? There are photographs from the action at which she worked, there are a lot of acquaintances who saw her at this action... Or is it all hopelessness and forced labor without TD????
Ksenia Petrova
Question on labor legislation. Hello! Help me understand the issue. I work at a school. During the vacation period (June, July) I got a temporary job as a salesperson in a canteen at a recreation center. I handed in the documents, but they didn’t sign an employment contract with me. I just signed a paper about financial liability. Now the manager says that I have a shortfall that needs to be compensated, if not voluntarily, then through the courts. What should I do?
Valeria Semenova
Date of signing the employment contract. I work in personnel service. There was a dispute with management. Question: For our employees, the date of registration of the employment contract and the date of signing by the parties do not coincide, both with the date of registration and between the parties. The boss signs the contract with the date of registration, and the employee, 2-3 days after this, signs the date of commencement of work, which coincides with the date in the “Start from” order. Is this option acceptable? I haven’t found information anywhere that this is a violation. Thank you
Pavel Temirov
probationary period. my boss refuses to put a mark in my work book that I worked for him. Motivating this by the fact that I did not pass the probationary period. is this legal?
Andrey Leontenkov
Is it possible to recover something from these scammers? When applying for a job, they said that the salary was 10 thousand. They gave me a contract to sign after a month probationary period and it turned out that officially it was 5 thousand. At first they paid as promised, but in March they put everyone on administrative leave. I was called to work in mid-March, but my salary was delayed. Today they paid 4,400 rubles for February, for March they will calculate the same. On my own, I refused to write an administrative application.
Boris Tsvetukhin
Is it possible to terminate an employment contract on the day it is signed without waiting 14 days?
Anna Zaitseva
freelance translator. I’m getting a job as a freelance translator, that is, I’ll do translations at home and send them and get paid for it. No matter what company I wrote to, there is no employment contract anywhere... it’s just some kind of trouble... several hired me and included me in the translator database, I will do the translation and they will pay me for it directly at the company, or by translation, but no one one of them does not want to enter into an employment contract...no matter how much I asked, all companies are united - we do not conclude employment contracts with freelance translators!! Is this legal?? what to do? after all, you don’t want to part with your job just because of a refusal to be signed up for a contract... everyone unanimously says that an example of their honesty is their long (more than 10 years) existence in the labor market and they have not yet deceived anyone with payment... is it legal? Is it possible that contracts are not concluded with freelance translators?
Lidia Maksimova
Today I wrote the Olympiad on Law and a difficult question arose (inside). 17-year-old Maxim and Marina decided to get married, they have a good reason (which is not written). Marina is worried: “Young family, what are we going to live on?” and Maxim replies, “According to the constitution, our parents must provide for us.” Is Maxim reasoning correctly? Justify
I want to quit... what should I do? After passing the interview, I was hired at a private security company as a "consultant". They took my work book and job application. I also signed a document stating that within 3 months. I undertake to graduate from security guard school, obtain a certificate and a license. I was told that the cost of training at the security guard school is 4,000 rubles. (for employees) this amount is deducted from the salary. 6000 - for others, The license is issued free of charge (for employees) 10,000 - for others. The OP partially pays for the training of employees (by agreement), transferring money to the non-profit educational institution (School of Security Guards). In case of dismissal before 3 months. Those laid off pay this money in full themselves. (i.e. it is profitable for them to fire). In response to my question about concluding an employment contract, I was told that later. . I do not have any documents confirming the fact that I work in this organization. Having started work, a few days later I was told that I would receive my salary at the end of the second month for December because their transfers go through the Bank of Moscow and there are always delays. Starting January 15, I’m going to write a letter of resignation and must receive a certificate. Is there any way to protect your rights in this situation? Is all this legal? Should I work the prescribed two weeks? "
Issuance of copies of documents related to work Upon a written application from an employee, the employer is obliged, no later than three working days from the date of filing this application, to issue to the employee copies of documents related to work (copies of an order for employment, orders for transfers to another job, an order for dismissal from work; extracts from the work book; certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, the period of work with this employer, etc.). Copies of work-related documents must be properly certified and provided to the employee free of charge. Article 136. Procedure, place and timing of payment of wages... Wages are paid at least every half month on the day established by the rules of the internal labor regulations, collective agreement, employment contract. ... Article 142. Responsibility of the employer for violation of the terms of payment of wages and other amounts due to the employee The employer and (or) representatives of the employer authorized by him in the established manner, who allowed a delay in the payment of wages to employees and other violations of wages, are liable in accordance with this Code and other federal laws. note. The Criminal Code of the Russian Federation establishes liability for non-payment of wages for more than two months. In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. An employee who was absent during his working hours at the workplace during the period of suspension of work, is obliged to return to work no later than the next working day after receiving written notification from the employer of readiness to pay the delayed wages on the day the employee returns to work. Article 80. Termination of an employment contract at the initiative of the employee (by at will) An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's statement. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. In this case, dismissal is not carried out,
Yulia Tarasova
Hello. question regarding foreigners.. The company employs two citizens of Uzbekistan. Now they have returned from vacation and they need to reapply for a work permit. They want the work permit to indicate the place of work, that is, our company. To do this, we must provide them with labor. an agreement, but how can we conclude it with them without a work permit? Either I don’t understand something or I didn’t read about it somewhere)) thank you.
Diana Ilyina
Do you feel like you are being robbed by GAZPROM under the roof of Officials, Prosecutors and Judges? Cassation appeal against the decision Supreme Court Russian Federation dated September 12, 2011. Having refused to satisfy the claim, the court, which is the body state power, violates Article 2 of the Constitution of the Russian Federation: it does not recognize and does not protect the right of citizens to purchase network gas on the basis solely of a public energy supply contract (Articles 539-548 of the Civil Code of the Russian Federation), the legal norms of which are fully consistent with the legal norms of other articles (1, 3, 10, 168 , 210, 310, 420, 421, 422, 425, 426, 428, 432-445, 450-453, 454-465, 506-524) of the Civil Code of the Russian Federation and the Law “On Protection of Consumer Rights”. At the same time, the court allows the Government of the Russian Federation, which is also a government body, to violate Article 2 of the Constitution of the Russian Federation. “Rules for the supply of gas to meet the household needs of citizens” were written under the dictation of “specialists” of the all-Russian monopolist - OJSC Gazprom. The main goal of violating the rights of citizens purchasing network gas for domestic use is for this organization to receive excess profits due to: 1 Charging fees for much more gas than citizens ACTUALLY consume. This is done with the help of deliberately inflated gas consumption standards, which are applied not only to some consumers who do not have gas meters, but also to consumers who have gas meters. 2 Charges for gas using an increasing temperature coefficient for some consumers whose metering devices are installed outside heated premises. 3 Receiving payment for additional services imposed on gas consumers by the terms of the contract (sealing metering devices, disconnecting and connecting gas equipment for the period of absence of consumers in the residential premises) as well as “services” provided without the consent of consumers (disconnecting and connecting gas equipment “through the fault of the consumer - for failure by the consumer to fulfill the terms of the contract”) . 4 Receiving payment for the service by maintenance in-house gas equipment, which is transferred from the category of duties of the gas supply organization, which is performed on account of the cost of consumed gas, to the category of mandatory additional paid services. 5 Extortion of sometimes non-existent debts (formed due to the above circumstances) in a non-judicial manner (by unilateral refusal to fulfill one’s obligations - turning off consumers’ gas equipment). To restore the violated rights of citizens - gas consumers and to bring legal relations related to the acquisition by citizens of network gas for domestic consumption in accordance with the rules of law established by the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the law “On the Protection of Consumer Rights”, it is necessary and sufficient: 1 Based on Article 61 of the Civil Code RF
ST 61 Labor Code of the Russian Federation.
An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin performing his job duties on the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.
Commentary to Art. 61 Labor Code of the Russian Federation
1. When interpreting the moment of entry into force of the employment contract, it is necessary to determine what constitutes the fact of the entry into force of the employment contract and what is the relationship between the moment of entry into force of the employment contract and the occurrence of other circumstances that also have legal significance. Among such circumstances, the following should be mentioned: a) the day of signing the contract; b) start day (); c) the day the employee is actually admitted to work ().
2. By virtue of the employment contract, the employee is obliged to work according to a certain labor function, subject to the rules of internal labor regulations, and the employer - to pay him the stipulated salary and ensure the fulfillment of other conditions arising from labor legislation, from the collective agreement (agreement) and the agreement of the parties (see Article 56 of the Labor Code of the Russian Federation and the commentary thereto). Based on this definition, it should be recognized that the entry into force of an employment contract means, first of all, the emergence of the above-mentioned responsibilities for its parties, i.e. emergence labor relations. This circumstance, in particular, means the following: a) from the moment the contract enters into force, the labor legal relationship that has arisen between the employee and the employer can be interrupted only on the grounds and in the manner established by labor legislation (see the commentary thereto); b) the position for the performance of duties for which the contract was concluded can no longer be considered vacant - with all the organizational and legal consequences arising from this fact; c) the employee, as a party to the labor relationship, may be sent for training, retraining, etc.; d) the time from the date of entry into force of the contract must be counted towards the length of service required to leave annual leave(See also the commentary to it).
However, the entry into force of the contract may be delayed in time from the moment the work begins. In this case, a number of rights and obligations of the parties, the emergence of which is associated with the fact of the beginning of real labor activity employee, at the time of entry into force of the employment contract remain invalid.
Along with the emergence of an employment legal relationship between an employee and an employer, the fact that an employment contract comes into force gives rise to other legal consequences relating to other entities. From the moment the employment contract comes into force, the calculation begins length of service, contributions are made by the employer to the appropriate government funds etc.
3. An employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts or the employment contract (Part 1 of the commented article). Thus, if according to general rule the day the agreement is signed is also the day it enters into force, then two exceptions are established from this rule - the date of signing and the moment the agreement enters into force may not coincide due to: 1) a direct prescription of a federal law or other regulatory legal act; 2) a concluded employment contract.
4. Currently regulations determine the time gap between the signing of an employment contract and its entry into force, mainly in cases where such contracts are concluded in the sphere of state property ( public administration). The difference in time between the conclusion of an employment contract and its entry into force is explained by the need to coordinate the contract with the relevant management body.
As follows from Part 1 of the commented article, rules of this kind can be established exclusively by federal laws or other regulatory legal acts of the Russian Federation.
5. The condition for a later entry into force of the employment contract may be established in the contract itself. This is possible in the case when the work for which the employee is hired is not of a continuing nature, but has a frequency known in advance, and the parties are interested in continuing cooperation. In this case, it is possible to conclude a series of employment contracts at once, determining the moment of entry into force of each of them. Another case is the conclusion of an employment contract in a situation where at the moment At the moment, the employer does not have a vacancy, but it is reliably known that this vacancy will appear in the future.
There are two options for establishing the moment of entry into force of an employment contract. In the most obvious case, this moment is associated with the onset of a certain date. However, it is not always possible to establish exactly such a date. For example, it is impossible to accurately determine the day when a pregnant employee will go on prenatal leave. In such situations, it is advisable to associate the moment of entry into force of the employment contract not with the exact date, but with the occurrence of a certain event. In our example, it will be the fact that the employee went on maternity leave.
6. From the moment of signing the contract, the employee has the right to receive security for compulsory social insurance in the event of an insured event.
The parties have the right to withdraw from the agreement at any time by formalizing their mutual refusal in a written agreement. As for unilateral refusal of the contract, the following questions arise: a) is unilateral refusal possible in principle; b) if possible, what is its procedure; c) what are the legal consequences of unilateral withdrawal from the contract? Unilateral refusal of a contract, even if it has not entered into force, contradicts the basic principle of contract law “contracts must be fulfilled” and violates the interests of the opposing party.
The employee can refuse the contract at any time before it comes into force - another solution to this issue would threaten the emergence of the phenomenon of forced labor, which is completely excluded. The issue of the procedure for an employee to refuse a contract that has not entered into force has not been resolved by law, so it can be recommended to determine the appropriate procedure when concluding a contract. The possibility of imposing on an employee, in the event of an unjustified refusal of a contract, any type of legal liability, including disciplinary and property (in the form of, for example, a penalty), seems doubtful. An exception is the case when the contract is concluded under the condition that the employee is obliged to compensate with his labor the costs of the employer incurred by the latter in connection with the training of the employee (see Articles 207, 249 of the Labor Code of the Russian Federation and comments thereto).
The employer has the right to refuse the concluded contract at any time before it comes into force, however, the contract may establish property liability for unjustified refusal of the contract.
Finally, the entry into force of an employment contract is excluded due to the occurrence of circumstances of an extraordinary nature, for example, due to the absence of an event, the occurrence of which was associated with the entry into force of the employment contract (a female employee does not go on maternity leave due to termination of pregnancy). The consequences of this kind of circumstances should also be specified when concluding an employment contract.
7. It is necessary to distinguish the moment when the obligations (and rights) of the parties to the employment contract arise, i.e. entry into force of the employment contract, and the moment when the employee begins to actually perform his duties. For example, the parties may additionally stipulate when concluding the contract the start date of work; The employee is obligated to begin performing work duties from that day. Despite the fact that in accordance with Art. 57 of the Labor Code of the Russian Federation, the start date of work is prerequisite of an employment contract, as follows from Part 3 of the commented article, this condition may not be determined by the parties. In this case, the employee’s obligation to start work arises on the next working day after the contract comes into force. Therefore, along with the fact that the employment contract comes into force, the fact that work has begun has legal significance.
Just as when an employment contract comes into force, the fact of the beginning of the work stipulated by the contract gives rise to a number of rights and obligations both for the parties to the employment relationship and for third parties. For example, from this moment the employee is accrued wages, the employer is obliged to provide the employee with proper working conditions; in turn, the employee actually falls under the master's (normative, directive and disciplinary) power of the employer.
8. If the employee did not start work within the period stipulated by law or contract due to the fault of the employer, the time during which the employee was unable to start work should be regarded as idle time not due to the fault of the employee. In this case, the employee must notify the employer in writing that he is ready to start work, but has not received it (see Article 157 of the Labor Code of the Russian Federation and the commentary thereto).
An employee may not start work at the stipulated time for reasons not related to the culpable actions (inaction) of the employer. In this case, the employer has the right to cancel the employment contract regardless of the employee’s fault, and has the right to do this from the date the contract enters into force, determined according to the rules established by part 2 or 3 of the commented article. In this case, the canceled employment contract is considered not concluded.
If an employee has not started work due to temporary disability, he, by virtue of Part 4 of the commented article, has the right to receive security for compulsory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until its cancellation.
9. Cancellation of a contract is a right, not an obligation, of the employer. Therefore, if an employee does not start work on time without good reason, the employer has the right to either cancel the employment contract (without ascertaining the existence and content of these reasons), or, considering the employment contract to have entered into force, bring the guilty employee to disciplinary liability, including including dismissing him for absenteeism according to the rules established by the Labor Code of the Russian Federation (see Articles 81, 193 of the Labor Code of the Russian Federation and comments to them). In the latter case, dismissal is carried out either from the day when the employee was obliged to start work, or, if the employee showed up for work and was allowed to work, - from last day work.
10. Cancellation of an employment contract is carried out by order of the employer. A corresponding entry is made in the work book with reference to Part 4 of the commented article and to the corresponding order. It makes sense to make this kind of entry if an entry about the conclusion of an employment contract has already been made in the employee’s work book: otherwise, an entry is not required.
Cancellation of an employment contract indicates that the employment relationship did not actually arise from the day it should have arisen. Thus, the moment of cancellation of the employment contract should be associated with the date of its entry into force.
11. The legislator provides for a situation in which the moment of entry into force of the contract and the beginning of the employee’s performance of labor duties may coincide. In accordance with Part 1 of the commented article, the employment contract comes into force from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative (for this, see Article 67 of the Labor Code of the Russian Federation and the commentary thereto). Thus, the fact that an employment contract comes into force and the emergence of an employment relationship is determined not by the date formulated in the contract, but by the conclusive nature of the actions of its parties.
New edition of Art. 61 Labor Code of the Russian Federation
An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin performing his job duties on the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.
Commentary on Article 61 of the Labor Code of the Russian Federation
As the practice of concluding employment contracts shows, the following two situations most often occur.
According to the first of them, an employment contract comes into force from the day the document is signed by both the employee and the employer, unless, as stated in Article 61 of the Labor Code of the Russian Federation, otherwise is not established by federal laws, other regulatory legal acts or the same employment contract. It is necessary to clarify that the duration of the time interval separating the date of signing of the employment contract by the employee from the date of signing by the employer is not specifically defined, but this does not mean that the employer can, at his discretion, postpone for as long as he wishes the moment of certifying the document with his signature.
In general, the employer has at its disposal no more than 30 days, calculated from the date the employee signs the employment contract. The employer has the right to show such “slowness” if the employment contract does not indicate the start date for the employee to perform the work assigned to him (labor function).
The fact is that the mentioned article of the Labor Code of the Russian Federation instructs the employee to begin performing his work duties the next day after the employment contract comes into force. At the same time, as we remember, the start date of this document is determined by the date it is signed by both parties to the labor relationship.
Citizen Petrov P.P. applied for a job to the head of Globus LLC. Having received the consent of the latter, Petrov P.P. signed an employment contract on June 20, 2007, in which - by agreement of the parties - the start date of work was not indicated, which was due to the personal circumstances of the employee.
Guided by the powers granted to him and taking into account the interests of the employee, the head of Globus LLC, for his part, signed an employment contract with P.P. Petrov. July 19, 2007, after which a corresponding hiring order was issued. The next day, this order was announced to P.P. Petrov. signature, after which he began to perform the work assigned to him in accordance with the employment contract. At the same time, as the start date of Petrova P.P. at Globus LLC in his work book and other labor records it was indicated on July 20, 2007.
The situation described in the example could have developed slightly differently if the employment contract had specified a start date for work. In this case, the employee, as follows from Article 61 of the Labor Code of the Russian Federation, is obliged to begin performing his job duties, as they say, “day to day.”
Of course, the inclusion of a condition on the start date of work in the employment contract makes adjustments to the timing of the signing of the employment contract by the employee and the employer. Ideally (for the situation under consideration), the employment contract should be signed by the employee and the employer on the eve of the start date of work recorded in the document.
Guided by the powers granted to him and taking into account the interests of his enterprise, the head of Globus LLC, for his part, also signed an employment contract with P.P. Petrov. June 20, 2007, after which a corresponding hiring order was issued. The next day, this order was announced to P.P. Petrov. signature, after which he began to perform the work assigned to him in accordance with the employment contract. At the same time, as the start date of Petrova P.P. at Globus LLC in his work book and other labor records it was indicated June 21, 2007.
Let us assume, however, that for one reason or another, the employment contract with a fixed start date was not signed in a timely manner (i.e. the day before) by its parties (one of the parties). In this situation, the employee and employer can act in accordance with one of two possible (corresponding to the Labor Code) scenarios:
1. An employee with the knowledge or on behalf of the employer (his authorized representative, for example, a manager structural unit, to which the employee is assigned) begins to perform the work (labor function) entrusted to him in accordance with the employment contract that has not yet entered into legal force. Within the next three days (see earlier), the employee and employer must sign the employment contract in order to ensure its entry into legal force.
2. The employee and the employer, by agreement between themselves, make changes to the employment contract in order to delay the start date of work. For this purpose, the start date of work initially fixed in the employment contract can, firstly, be changed to the desired one (more suitable for both parties to the employment relationship).
Secondly, information about a specific start date may be excluded from the employment contract. In this case, the employee and employer have the right to act as described in the first example.
Finally, thirdly, the employment contract may additionally stipulate a specific date for its entry into force, including one that is a month or even more distant from the date of signing the document (if there is consent of the parties to the employment relationship). In this case, the employee must begin work the next day after the employment contract comes into force.
Citizen Petrov P.P. applied for a job to the head of Globus LLC. Having received the consent of the latter, Petrov P.P. signed an employment contract.
June 20, 2007, in which - by agreement of the parties - June 21, 2007 was determined as the start date of work, which was due to the characteristics of the organization production process on this enterprise and an acute shortage of appropriately qualified personnel.
The next day, June 21, 2007, Petrov P.P. went to work and was allowed to perform it by the head of the structural unit to which he was assigned. The latter informed the employee that the employment contract with him had not yet been signed by the head of the enterprise due to his sudden departure on a business trip on June 22, 2007 (In case of a longer business trip, the head of Globus LLC would have to temporarily transfer the authority to conclude labor contracts contracts to one of his subordinates).
Having returned from a business trip, the head of Globus LLC signed an employment contract with P.P. Petrov. June 23, 2007 and issued the corresponding order for employment, which was announced to P.P. Petrov on June 24, 2007. for painting. At the same time, as the start date of Petrova P.P. at Globus LLC, his work book and other labor records indicated June 21, 2005.
Let us supplement the listed situations by considering another one, according to which the employee, despite the entry into force of the employment contract, on his own initiative “postponed” the start of work. In order to give an adequate legal assessment of such employee actions, we again turn to the relevant provisions of the Labor Code of the Russian Federation.
We especially emphasize that in accordance with the current version of Article 61 of the Labor Code of the Russian Federation, an employee no longer has the right to “postpone” the beginning of the work assigned to him in accordance with the employment contract (labor function) without documented valid reasons, since otherwise the employment contract is canceled, i.e. .e. is declared invalid the very next day after the employee’s absence. Starting from the date of cancellation of the employment contract, the parties have the right to consider themselves free from the obligations assumed in accordance with this document.
Based on the results of the consideration of the relevant documents - if they are submitted in a timely manner and in proper form by the employee - the employer has the right to either allow the employee to perform the work assigned to him (labor function) (possibly subjecting the latter to disciplinary punishment), or to terminate the employment contract with the employee early in the manner and according to on the grounds provided for by the Labor Code of the Russian Federation. For his part, an employee who has been given the opportunity by his employer to continue working must exercise prudence and not allow similar situations to arise in the future, even if there are good reasons for this.
In the event that an employee, despite the submitted documents indicating the valid nature of his absence from work, is still refused to maintain an employment relationship, he has the right to appeal the employer’s decision to early terminate the employment contract in court as unmotivated (insufficiently motivated). Let us note in conclusion that the Labor Code of the Russian Federation does not contain any interpretation of the concept of “good reason”. The right to determine this (in relation to the situation described) is given to the employer. However, in this case, the employer should exercise objectivity and common sense.
If both are, for one reason or another, called into question by an employee with whom the employer decides to terminate the employment contract early, then the dismissed person will have no choice but to go to court.
It is necessary to once again draw the attention of dear readers to the fact that, in accordance with the current version of Article 68 of the Labor Code of the Russian Federation, the signing of an employment contract must henceforth be preceded by familiarization of the employee, against signature, with the internal labor regulations of the employer, other local regulations directly related to the employee’s upcoming work activity, as well as the collective agreement.
Carrying out these actions is the responsibility of the employer (failure to fulfill (improper fulfillment) of this obligation calls into question the legitimacy of the employment contract concluded with an employee who was not familiar with the above documents before signing the employment contract).
Citizen Petrov P.P. applied for a job to the head of Globus LLC. Having received the consent of the latter, Petrov P.P. signed an employment contract on June 20, 2007, in which - by agreement of the parties - June 21, 2007 was determined as the start date of work, which was due to the peculiarities of the organization of the production process at this enterprise and the acute shortage of personnel with appropriate qualifications.
Guided by the powers granted to him and taking into account the interests of his enterprise, the head of Globus LLC, for his part, also signed an employment contract with P.P. Petrov. June 20, 2007, after which a corresponding hiring order was issued. However, Petrov P.P. did not return to work within the period established by the employment contract, which gave the head of Globus LLC the right to consider, starting from June 22, 2007, the employment contract as invalid. In connection with the above, the order to admit Petrov P.P. the job was canceled on June 22, 2007, and the work book was returned to the employee without making any entries in it.
Citizen Petrov P.P. applied for a job to the head of Globus LLC. Having received the consent of the latter, Petrov P.P. signed an employment contract on June 20, 2007, in which - by agreement of the parties - June 21, 2007 was determined as the start date of work, which was due to the peculiarities of the organization of the production process at this enterprise and the acute shortage of personnel with appropriate qualifications.
Guided by the powers granted to him and taking into account the interests of his enterprise, the head of Globus LLC, for his part, also signed an employment contract with P.P. Petrov. June 20, 2007, after which a corresponding hiring order was issued. The next day Petrov P.P. did not go to work, but on June 22, 2007, he presented to the head of Globus LLC a notarized copy of his father’s death certificate, as well as documents confirming the close relationship of P.P. Petrov. with the deceased.
Taking into account the documents presented by the employee, the head of Globus LLC, guided by the powers granted, allowed P.P. Petrov to be admitted. to perform the work assigned to him in accordance with the employment contract starting from June 24, 2007, having previously obtained the consent of the head of the structural unit to which the employee was assigned. The hiring order was announced to P.P. Petrov. against signature on June 26, 2007 with a note indicating the circumstances of the case.
Another comment on Art. 61 Labor Code of the Russian Federation
1. Article 61, which interprets the moment of entry into force of an employment contract, is new in labor legislation. Questions arise: what constitutes the fact that an employment contract comes into force, what is the relationship between the moment the employment contract comes into force and the occurrence of other circumstances that also have legal significance. Among such circumstances, the following should be mentioned: a) the day of signing the contract; b) day of commencement of work (Article 57 of the Labor Code of the Russian Federation); c) the day the employee is actually admitted to work (Article 67 of the Labor Code of the Russian Federation).
2. By virtue of an employment contract, the employee is obliged to work according to a certain labor function, subject to the rules of internal labor regulations, and the employer is obliged to pay him the stipulated salary and ensure the fulfillment of other conditions arising from labor legislation, the collective agreement (agreement) and the agreement of the parties (see . Article 56 of the Labor Code of the Russian Federation and commentary thereto). Based on this definition, it should be recognized that the entry into force of an employment contract means, first of all, the emergence of the above-mentioned responsibilities for its parties, i.e. the emergence of an employment relationship. This circumstance, in particular, means the following:
from the moment the contract comes into force, the labor legal relationship that has arisen between the employee and the employer can be interrupted only on the grounds and in the manner established by labor legislation (see articles and commentary thereto);
the position for the performance of duties for which the contract was concluded can no longer be considered vacant - with all the organizational and legal consequences arising from this fact;
an employee as a party to an employment relationship can be sent for training, retraining, etc.;
the time from the date of entry into force of the contract must be counted towards the length of service required to take annual leave (see Article 114 of the Labor Code of the Russian Federation and the commentary thereto); etc.
However, the entry into force of the contract may be delayed in time from the moment the work begins. In this case, a number of rights and obligations of the parties, the emergence of which is associated with the fact of the start of the employee’s real labor activity, remain ineffective at the time the employment contract enters into force (see paragraph 7 of the commentary to this article).
Along with the emergence of an employment legal relationship between an employee and an employer, the fact that an employment contract comes into force gives rise to other legal consequences relating to other entities. From the moment the employment contract comes into force, the calculation of the length of service begins, the employer makes contributions to the relevant state funds, etc.
3. The employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts or the employment contract (Part 1 of Article 61 of the Labor Code of the Russian Federation). Thus, if, as a general rule, the day of signing a contract is also the day it comes into force, then two exceptions are established from this rule: the date of signing and the moment the contract comes into force may not coincide due, firstly, to a direct prescription of a federal law or other a regulatory legal act, and secondly, a concluded employment contract.
4. Currently, regulations determine the time gap between the signing of an employment contract and its entry into force mainly in cases where such contracts are concluded in the sphere of state property (public administration). The difference in time between the conclusion of an employment contract and its entry into force is explained by the need to coordinate the contract with the relevant management body.
As follows from Part 1 of Art. 61 of the Labor Code of the Russian Federation in the current version, rules of this kind can be established exclusively by federal laws or other regulatory legal acts of the Russian Federation.
5. The condition for the entry into force of an employment contract not from the date of its signing, but later may be established in the contract itself. This innovation of the Labor Code of the Russian Federation provides the parties with new opportunities in legal regulation their relationships.
In particular, concluding an employment contract under the specified condition is possible in the case when the work for which the employee is hired is not of a continuing nature, but has a frequency known in advance, and the parties are interested in continuing cooperation. In this case, it is possible to conclude a series of employment contracts at once, determining the moment of entry into force of each of them. Another case is the conclusion of an employment contract in a situation where at the moment the employer does not have a vacancy, but it is reliably known that this vacancy will appear in the future.
There are two options for establishing the moment of entry into force of an employment contract. In the first (most obvious) case, this moment is associated with the onset of a certain date. However, in life it is not always possible to accurately determine such a date. For example, it is impossible to accurately determine the day when a pregnant employee will go on prenatal leave. In this and other similar situations, it is advisable to associate the moment of entry into force of the employment contract not with the exact date, but with the occurrence of a certain event, which in our example will be the fact that the employee goes on maternity leave.
6. By establishing the possibility of defining in an employment contract the conditions for its entry into force within a certain period after signing the contract, the legislator, unfortunately, did not in any way regulate the issue of the nature legal connection between an employer and an employee who entered into an employment contract during a period of time when it has not yet entered into force.
The answer to this question may be as follows.
First of all, from the moment the contract is signed, the employee has the right to receive security for compulsory social insurance in the event of an insured event (part 4 of article 61; see also paragraph 8 of the commentary to this article).
As for the unilateral refusal of the contract, three questions arise: a) is such a unilateral refusal possible in principle; b) if possible, what should be its procedure; c) what are the legal consequences of unilateral withdrawal from the contract. Unilateral refusal of a contract, even if it has not entered into force, contradicts the basic principle of contract law “contracts must be fulfilled” and violates the interests of the opposing party.
The employee can refuse the contract at any time before it comes into force - another solution to this issue would threaten the emergence of the phenomenon of forced labor, which is completely excluded. The issue of the procedure for an employee to refuse a contract that has not entered into force has not been resolved by law, so it can be recommended to determine the appropriate procedure when concluding a contract. The possibility of imposing on an employee, in the event of an unjustified refusal of a contract, any type of legal liability, including disciplinary and property (in the form of, for example, a penalty), seems doubtful. An exception is the case when the contract is concluded under the condition that the employee is obligated to compensate with labor the costs of the employer incurred by the latter in connection with the training of the employee (see Article 207 of the Labor Code, as well as Article 249 of the Labor Code of the Russian Federation and the commentary thereto).
The employer has the right to refuse the concluded contract at any time before it comes into force, however, the contract may establish property liability for unjustified refusal of the contract.
Finally, the entry into force of the employment contract is excluded due to circumstances of an extraordinary nature, for example, the absence of an event, the occurrence of which was associated with the entry into force of the employment contract (a female employee does not go on maternity leave due to termination of pregnancy). The consequences of this kind of circumstances should also be specified when concluding an employment contract.
7. As already noted, the entry into force of an employment contract means that its parties have rights and obligations stipulated by the contract, i.e. the emergence of an employment relationship. At the same time, it is necessary to distinguish the moment when the obligations (and rights) of the parties to the employment contract arise, i.e. the entry into force of the employment contract and the moment when the employee begins to actually perform these duties. For example, the parties may additionally stipulate when concluding a contract the day the work begins, and the employee is obliged to begin performing work duties from this day (Part 3 of Article 61 of the Labor Code of the Russian Federation). Despite the fact that in accordance with Art. 57 of the Labor Code of the Russian Federation, the start date of work is a condition “mandatory for inclusion” in the employment contract, by virtue of Part 3 of Art. 61 this condition may not be determined by the parties. In this case, the employee’s obligation to start work arises on the next working day after the contract comes into force. Therefore, along with the fact that the employment contract comes into force, the fact that work has begun has legal significance.
Just as when an employment contract comes into force (see paragraph 2 of the commentary to this article), the fact of the beginning of the work stipulated by the contract gives rise to a number of rights and obligations both for the parties to the employment relationship and for third parties. For example, from this moment the employee is paid a salary, the employer is obliged to provide the employee with proper working conditions, in turn, the employee actually falls under the owner’s (regulatory, directive and disciplinary) power of the employer, etc.
8. If the employee did not start work within the period stipulated by law or contract due to the fault of the employer, the time during which the employee was unable to start work should be regarded as idle time not due to the fault of the employee. In this case, the employee must notify the employer in writing that he is ready to start work, but has not received it (see Article 157 of the Labor Code of the Russian Federation and the commentary thereto).
An employee may not start work at the stipulated time for reasons not related to the culpable actions (inaction) of the employer. In this case, unlike the previously existing procedure, the employer has the right to cancel the employment contract regardless of the employee’s fault, and has the right to do this from the date the contract enters into force, determined according to the rules established by part 2 or 3 of the commented article. In this case, the canceled employment contract is considered not concluded.
If an employee has not started work due to temporary disability, he, by virtue of Part 3 of the commented article, has the right to receive security for compulsory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until its cancellation.
9. According to the rules established by Art. 61 in the current version, cancellation of the contract is a right, but not an obligation of the employer. If, for example, an employee does not start work on time without good reason, the employer has the right either to cancel the employment contract (without ascertaining the existence and content of these reasons), or, considering the employment contract to have entered into force, to bring the guilty employee to disciplinary liability, in including dismissing him for absenteeism according to the rules established by this Code (see Articles 81, 193 of the Labor Code of the Russian Federation and commentary thereto). In this latter case, dismissal is carried out either from the day on which the employee was obliged to start work, or, if the employee reported for work and was allowed to work, from the last day of work.
10. Cancellation of an employment contract is carried out by order of the employer. A corresponding entry is made in the work book with reference to Part 4 of Art. 61 and the corresponding order. It should be noted that this kind of entry makes sense to make if an entry about the conclusion of an employment contract has already been made in the employee’s work book: otherwise, an entry is not required, because the cancellation of an employment contract means its absence at any time.
Cancellation of an employment contract indicates that the employment relationship did not actually arise from the day it should have arisen. Thus, the moment of cancellation of the employment contract should be associated with the date of its entry into force.
11. The legislator provides for a situation in which the moment of entry into force of the contract and the beginning of the employee’s performance of labor duties may coincide. In accordance with Part 1 of Art. 61 of the Labor Code of the Russian Federation, an employment contract comes into force from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative (for actual admission to work, see Article 67 of the Labor Code of the Russian Federation and the commentary thereto). Thus, in this case, the fact of the entry into force of the employment contract and the emergence of an employment legal relationship is determined not by the date formulated in the contract, but by the conclusive nature of the actions of its parties.
- Up
Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.
Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?
Game? Wrong word. The correct word is “imprinting”.
The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.
Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.
Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.
You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.
3 commentsSystem and observer
Let's define a system as an object whose existence is beyond doubt.
An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.
The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.
An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.
An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).
Hypothesis No. 1. All Seeing Eye
Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.
The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.
Hypothesis No. 2. Inner Observer
It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:
Passage of time
An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.
It is also possible that these hypotheses can be combined in one proportion or another.
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