Limited Liability Company "Beta"
LLC "Beta"
EMPLOYMENT CONTRACT
03.10.2016 № 90/2016
Moscow
Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented byGeneral Director Petrov Alexander Ivanovich, acting his based on charter, on the one hand, andMikhalkov Sergey Sergeevich, we call thhereinafter the “Employee”, on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this employment agreement (hereinafter referred to as the Agreement) as follows:
1. SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS
1.1. The Employer instructs, and the Employee assumes, the performance of labor duties according toexcavator driver profession.
1.2. This Agreement governs labor and directly related relations between the Employee and the Employer.
1.3. The work under this Agreement is the main one for the Employee.
1.4. The Employee's place of work isLLC "Beta".
!} 1.5. In order to verify the suitability of the position held, the Employee is subject to a three-month trial.
1.6. The period of temporary disability of the Employee and other periods when he was actually absent from work are not included in the probationary period.
1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement.
1.8.
Working conditions at the Employee’s workplace –acceptable (class 2).
2. DURATION OF THE AGREEMENT
2.1. The employee undertakes to begin performing his work duties with3 октября 2016 г.!}
2.2. This Agreement was concluded onindefinite period.
3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE
3.1. For the performance of labor duties provided for in this Agreement, the Employee is paid a salary that includes:
3.1.1. Official salaryin the amount of 40,000 (Forty thousand) rubles per month.
!} 3.1.2. Compensation payments (additional payments for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on the remuneration of employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonus payments to employees.!}
3.2. Salary is paid to the Employee within the following terms: for the first half of the month (advance) –20th of the current month, for the second half of the month –5th of next month.
The advance is paid taking into account the actual time worked, but not less1000 (One thousand) rubles.
The Employee's salary is paid by issuing cash dstv in k Employer's assessment. At the request of the Employee, it is allowed to pay wages in non-cash form by transferring it to the bank account specified by the Employee.
3.3. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.
4. LABOR FUNCTION OF AN EMPLOYEE
4.1. The worker performs!} the following job responsibilities:
4.1.1. Performs mechanized work of medium complexity, maintenance of an excavator with a bucket with a capacity of up to 1.25 cubic meters and a rotary excavator (ditch digger and trencher) with a capacity of up to 2500 cubic meters per hour:
4.1.1.1. Performing work of medium complexity with an excavator with a bucket with a capacity of up to 1.25 cubic meters and a rotary excavator (ditch digger and trencher) with a capacity of up to 2500 cubic meters per hour:
– performing work with an excavator:
– development of soil and loading it into vehicles;
– for preliminary loosening of the soil;
- digging trenches;
– on slope planning;
– when restoring road surfaces;
– when reloading construction materials and long logs;
– when reloading construction and household waste;
– during the destruction and dismantling of buildings and structures;
– to develop soil with a grab and load it into vehicles;
– when drilling wells;
– during the destruction of durable soils, rocks and hard coatings;
– when loading and unloading piece goods;
– performing preparatory work during the construction of roads using an excavator with a harvester head;
– identification, elimination and prevention of causes of disturbances in the operation of the excavator;
– moving an excavator on roads, observing traffic rules.
4.1.1.2. Performs shift and periodic maintenance of an excavator with a bucket with a capacity of up to 1.25 cubic meters and a rotary excavator (ditch digger and trencher) with a capacity of up to 2500 cubic meters per hour:
– visual inspection of the general technical condition of the excavator before starting work;
– control inspection and check of serviceability of all machine components;
– checking the filling and refueling of the excavator with fuel, oil, coolant and special liquids;
– obtaining fuels and lubricants;
– installation/dismantling of attachments in accordance with the technical specifications;
– cleaning the working parts and maintaining the proper appearance of the machine;
– elimination of detected minor malfunctions in the operation of the machine;
– starting the engine and monitoring its operation;
– control inspection and check of serviceability of all excavator units;
– checking the fastening of excavator components and mechanisms;
– performing adjustment operations during excavator maintenance;
– performing maintenance of the excavator after storage;
– parking the excavator in a designated area;
– setting the machine movement control levers to the neutral position;
– turning off the engine and releasing residual pressure in the hydraulics;
– placing the ignition key in a designated safe place.
4.1.2. Performs othersjob responsibilities provided for D Official instruction No.84-DI o t 19.05.2016
.
5. WORKING AND REST TIME
5.1. The Employee’s working hours and rest periods correspond to the regime established by the Internal Labor Regulations in force at the Employer.
5.2. An employee may be required to work on weekends and non-working holidays, and to work overtime in cases and in the manner provided for by the current labor legislation of the Russian Federation.
6. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE
6.1. The employee has the right to:
6.1.1. P providing him with work stipulated by this Agreement.
6.1.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.
6.1.3. Rest, including paid annual leave, weekly days off, non-working holidays.
6.1.4. Compulsory social insurance in cases provided for by federal laws.
6.1.5. The employee has other rights provided for by the current legislation of the Russian Federation and other regulatory legal acts containing labor law standards, and local regulations of the Employer.
6.2. The employee is obliged:
6.2.1. Conscientiously perform his job duties assigned to him by this Agreement, D job instructions, other local regulations of the Employer, with which he was familiarized under signature.
6.2.2. Carry out orders, instructions and assignments in good faith and in a timely mannerGeneral Director of Beta LLC, comply with established labor standards, comply with the internal labor regulations adopted by the Employer, with which he was familiarized with signature.
6.2.3.
Maintain labor discipline.
6.2.
4
. Treat the Employer's property with care (incl. To property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees.
6.2.
5
. Use the equipment, tools, documents, materials transferred to him for work correctly and for their intended purpose.
6.2. 6. Observe requirements for labor protection and occupational safety, safety precautions, industrial sanitation, fire safety, with which he was familiarized with signature.
6.2.
7
. Immediately report General Director of Beta LLCabout the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties located at the Employer, ifThe employer is responsible for the safety of this property).
6.2. 8. List of other The Employee’s labor duties are determined by current legislation, D job instructions, as well as local regulations of the Employer, with which the Employee was familiarized with signature.
7. RIGHTS AND OBLIGATIONS OF AN EMPLOYER
7.1. The employer has the right:
7.1.1. Encourage the Employee for conscientious and effective work.
7.1.2.
Require the Employee to perform works duties defined by this Agreement, Djob description, careful attitude towards the Employer’s property (includingproperty of third parties located at the Employer, if the Employer is responsible for the safety of this property) and other employees, compliance with the provisions of the local regulations in force at the Employer, with which the Employee was familiarized with signature.
7.1.3.
Bring the Employee to disciplinary and financial liability in the manner and under the conditions provided for by the current legislation of the Russian Federation.
7.1.4. Adopt local regulations in accordance with the procedure established by law.
7.1.5. Exercise other rights provided for by the current legislation of the Russian Federation, other regulatory legal acts containing labor law norms, and local regulations of the Employer.
7.2. The employer is obliged:
7.2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, and the terms of this Agreement.
7.2.2. Provide the Employee with work stipulated by this Agreement.
7.2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his job duties.
7.2.4. Ensure the safety of the Employee’s work and working conditions that comply with state regulatory labor protection requirements.
7.2.5. Timely and in full pay the salary due to the Employee within the time limits established by the Internal Labor Regulations and this Agreement.
7.2.6. Maintain a work record book for the Employee in the manner established by the current labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.
7.2.7. Process the Employee’s personal data and ensure their protection in accordance with the legislation of the Russian Federation and local regulations of the Employer.
7.2.8. Introduce the Employee to under a letter with adopted local regulations directly related to his work activity.
7.2.9. Provide for the Employee’s everyday needs related to the performance of his job duties.
7.2.10. Insure the Employee under compulsory social insurance in the manner established by the federal laws of the Russian Federation.
7.2.11. Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, local regulations, agreements and this Agreement.
8. EMPLOYEE SOCIAL INSURANCE
8.1. The employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against industrial accidents and occupational diseases) in the manner and under the conditions provided for by the current legislation of the Russian Federation.
8.2. An employee has the right to additional insurance (voluntary medical insurance) under the conditions and in the manner established by the Regulations on the social package of employees.
9. WARRANTY AND COMPENSATION
9.1. During the period of validity of this Agreement, the Employee is subject to guarantees and compensations provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.
10. RESPONSIBILITY OF THE PARTIES
10.1. In case of failure or improper performance by the Employee of his labor duties without good reason, violation of labor legislation, regulationslocal regulations in force at the Employer, with which the Employee was familiarized with signature , as well as causing material damage to the Employer, the Employee bears disciplinary, financial and other liabilityaccording to the current legislation of the Russian Federation.
10.2. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee.
10.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.
11. TERMINATION OF AN EMPLOYMENT CONTRACT
11.1. The grounds for termination of this Agreement are:
11.1.1. Agreement with the parties.
11.1.2. Termination present Agreements initiated by the Employee. In this case, the Employee is obliged to notify the Employer about this in writing. later less than two weeks before the expected date of termination of this D slander. The specified period begins the next day after the Employer receives the Employee’s resignation letter.
11.1.3. Termination of this Agreement at the initiative of the Employer (in cases and in the manner provided for by the current labor legislation of the Russian Federation).
11.1.4. Other grounds provided for by the labor legislation of the Russian Federation.
11.2. The day of dismissal of the Employee is the last day of his work, except for cases provided for by law.
12. FINAL PROVISIONS
12.1. This Agreement comes into force onthe moment of its signing by both Parties.
All changes and additions to this Agreement are formalized by bilateral written agreements of the Parties.
12.2. This Agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
12.3. If a dispute arises between the Parties, it shall be resolved through direct negotiations between the Employer and the Employee. If the dispute between the Parties is not resolved through negotiations, it will be resolved in the manner established by the current labor legislation of the Russian Federation.
12.4. In all other respects that are not provided for in this Agreement, the Parties are guided by the labor legislation of the Russian Federation and other regulatory legal acts containing labor law standards, as well as local regulations of the Employer.
Before signing this Agreement, the Employee is under under The letter is familiar with the following local regulations of the Employer:
Name and details of the local regulatory act | Date of review | Employee's signature |
Internal labor regulations No. 1 dated 02/01/2008 | 03.10.2016 | |
Job description No. 84-DI dated May 19, 2016 | 03.10.2016 | |
... | ... |
The work of hired workers must be accompanied by appropriate documentation. In addition to the employment contract, the enterprise has job regulations, regulations, rules and other documents. This page of the free resource contains information about the job regulation of the duties of a tractor driver. Tractor driver job description will allow the employer and employee to determine the scope of permitted behavior, determine issues of responsibility, payment, and other mandatory items.
In order to work as a tractor driver, a person must undergo appropriate training and obtain a driver's category to operate a tractor. In addition to knowledge of driving a vehicle, a tractor driver must have a rough understanding of the structure of the equipment and repair minor breakdowns on his own. Since the tractor has a complex technical structure and is a heavy mechanical unit, the tractor driver is required to use the unit in accordance with these parameters. The official document can fix the features of a specific function with certain loads and towed devices.
Mandatory points of the job description of a tractor driver
- Approval by management in the upper right corner: signature, transcript and seal;
- Position name;
- Basic concepts, terms. It is also possible to enter your full name here;
- Obligations, limits of permitted behavior;
- Mode of operation, exceptional moments of regulation;
- Payment, rest time;
- Other points at the discretion of the parties;
- A check mark is placed at the bottom.
In addition to the basic provisions, the instructions may contain specific features of the cultivated soil, soil, crops, methods of harvesting, cultivation, and weeding. Planting and harvesting crops, clearing snow in winter are the most common activities of a tractor driver in rural areas. The powers of a tractor driver in an urban environment are often limited to activities at construction sites.
Other news on the topic:
(signature) (initials, surname)
"___" _________20__
1. General provisions
1.1. A tractor driver in agricultural production is
workers and reports directly to _____________________________________.
(name of manager's position)
1.2. Agricultural tractor driver must know:
— arrangement of tractors and agricultural mounted and trailed implements and other machines mounted with them;
— rules for technical care and routine repairs of them;
— agricultural technology for cultivating crops and agrotechnical requirements for various types of mechanized work performed, and the rules for their production;
— methods for identifying and eliminating malfunctions of serviced tractors and agricultural machines;
— rules for loading, stowing, slinging and unloading various cargoes;
— labor protection rules, safety precautions and fire-fighting measures when working on tractor units, self-propelled and other machines;
— methods and techniques for performing work safely;
— design and operating rules of mechanization equipment used on farms and complexes;
— rules for using personal protective equipment;
— requirements for the quality of work performed, for the rational organization of labor in the workplace;
— the procedure for notifying the manager of all deficiencies discovered during work;
— rules for providing first (pre-medical) aid to victims of injury, poisoning and sudden illness;
— Internal labor regulations;
— rules of labor protection, industrial sanitation and personal hygiene, fire safety;
(types, names and details of other acts and documents)
1.3. A tractor driver-driver in agricultural production of a higher category must be able to perform work that is comparable in complexity to workers of lower qualifications, as well as supervise tractor-drivers in agricultural production of a lower category.
2.1. Before the start of the working day (shift), an agricultural tractor driver:
1) undergoes a pre-shift (preventive) medical examination in accordance with the established procedure;
2) receives a production task;
3) if necessary, undergoes training on labor protection;
4) takes over the shift;
5) checks the serviceability of devices, tools, inventory, etc. personal protective equipment;
2.2. In the process of work, a tractor driver in agricultural production:
1) performs the work for which he has been instructed and authorized to work;
2) uses special clothing, safety shoes and other personal protective equipment;
3) receives instructions from the immediate supervisor on the performance of the task, safe techniques and methods of work;
4) complies with the rules for using technological equipment, devices and tools, methods and techniques for performing work safely;
5) identifies sick animals and provides them with first aid;
6) immediately notify the immediate supervisor of all deficiencies discovered during work;
7) complies with the requirements of personal hygiene and industrial sanitation;
2.3. During the working day (shift), a tractor driver in agricultural production:
1) controls tractors in combination with trailed and mounted implements, self-propelled and other agricultural machines in accordance with the requirements and rules of production when carrying out work in crop production, livestock farming, feed production, protected soil, caring for perennial plantings, in agro- and hydromelioration, grassland and forestry;
2) performs loading and unloading, transport and stationary work on tractors;
3) regulates the mechanisms of tractors, mounted and trailed implements, self-propelled and other machines;
4) conducts shift technical maintenance and routine repairs;
5) participates in all types of repairs of serviced tractors and agricultural machines;
6) by order of the immediate supervisor, performs work that is comparable in complexity to workers of lower qualifications;
2.4. At the end of the working day (shift), the agricultural tractor driver:
1) puts devices and tools in proper condition and transfers them for storage;
2) removes dirt from workwear and safety shoes, if necessary, places them for drying and storage;
3) submits established reports;
4) performs an inspection (self-examination);
When performing his duties, a tractor driver-driver in agricultural production has labor rights provided for by the employment contract concluded with the employee, the Internal Labor Regulations, local regulations, the Labor Code of the Russian Federation and other acts of labor legislation.
4.1. A tractor driver in agricultural production is subject to disciplinary liability in accordance with Article 192 of the Labor Code of the Russian Federation for improper performance through his fault of the duties listed in this instruction.
Read also: Order appointing someone responsible for maintaining work records - sample
4.2. The tractor driver-driver of agricultural production bears financial responsibility for ensuring the safety of the inventory items entrusted to him.
4.3. A tractor driver-driver of agricultural production for committing offenses in the course of his activities, depending on their nature and consequences, is subject to civil, administrative and criminal liability in the manner prescribed by law.
5. Final provisions
5.1. The employee is familiarized with this instruction when
hiring (before signing an employment contract).
The fact that the employee has read these instructions is confirmed
(signed on the familiarization sheet, which is an integral part of this
instructions (in the instructions log); in copy
instructions kept by the employer; in another way)
Work is strictly regulated instructions. 2. Requirements for individual.) and plumbing professions. TRACTOR DRIVERS —DRIVERAGRICULTURALPRODUCTION 1. General characteristics of the profession. bodies, enterprises, institutions, officials persons and citizens;
02 Tractor driver —driveragriculturalproduction Primary vocational education - Tractor driver —driveragriculturalproduction categories. resources, instructions. Recommended. general and officials duties of military personnel.
carried out in accordance with Instructions about the procedure for carrying out the experimental. next. Officials pedagogical responsibilities. security agricultural works" (qualification " Tractor driver —driveragriculturalproduction »).
gas welding works); 110800.02 Tractor driver —driveragriculturalproduction; 262019.03 Tailor;. college, claims officials responsibilities of employees. activity. Reports, development instructions. methodological recommendations, seminars.
"; by professions of primary vocational education " Tractor driver —driveragriculturalproduction", "Seller, controller-cashier", "Master. including those not provided for in officialsinstructions and by state. This in turn.
Sample employment contract with a machine operator (tractor driver)
Viewed 2033 times
Asked 2013-08-14 10:45:19 +0400 in the topic “Labor Law” from Moscow
Sample of an employment contract with a machine operator (tractor driver) help me find a sample of an employment contract with a machine operator (tractor driver). preferably taking into account the following features. employer - individual entrepreneur (head of a farm), employee - for carrying out agricultural operations on a tractor (plowing, cultivation, etc.).
Answers (1)
This lawyer is from Moscow
2013-08-14 10:45:19 +0400 Notify administration
You may not find any named employment contracts. take an ordinary sample and work according to your conditions in accordance with the articles of the Labor Code of the Russian Federation. founded - Article 57 of the Labor Code of the Russian Federation.
- A man who worked as a machine operator. Does a person who worked as a machine operator have the right to retire early? Does he have the right to retire early? further
1 answer. Moscow Viewed 179 times. Asked 2012-10-13 14:27:25 +0400 in the topic “Pensions and social protection”
1 answer. Moscow Viewed 456 times. Asked 2012-04-27 16:46:41 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 125 times. Asked 2012-10-23 13:20:22 +0400 in the topic “Pensions and social protection”
1 answer. Moscow Viewed 620 times. Asked 2012-05-10 14:38:25 +0400 in the subject “Defense, military service, weapons”
1 answer. Moscow Viewed 396 times. Asked 2011-12-03 14:29:18 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 258 times. Asked 2013-01-18 13:54:19 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 686 times. Asked 2011-05-28 12:47:53 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 1857 times. Asked 2011-12-14 09:45:44 +0400 in the subject “Labor Law”
0 replies. Novosibirsk Viewed 72 times. Asked 2013-05-10 18:55:39 +0400 in the subject “Administrative Law”
1 answer. Moscow Viewed 115 times. Asked 2012-04-12 11:45:14 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 162 times. Asked 2012-12-23 09:45:27 +0400 in the topic “Other questions”
1 answer. Moscow Viewed 54 times. Asked 2012-07-09 09:07:02 +0400 in the topic “Passport issues”
1 answer. Moscow Viewed 3941 times. Asked 2013-01-17 14:27:15 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 162 times. Asked 2011-12-28 12:55:27 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 66 times. Asked 2012-09-05 11:40:43 +0400 in the subject “Defense, military service, weapons”
1 answer. Moscow Viewed 413 times. Asked 2012-05-18 10:16:14 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 609 times. Asked 2011-10-20 11:37:32 +0400 in the topic “Other questions”
1 answer. Moscow Viewed 115 times. Asked 2011-05-05 12:14:33 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 1915 times. Asked 2012-07-31 11:11:09 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 357 times. Asked 2013-06-19 12:40:15 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 127 times. Asked 2011-08-18 12:38:10 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 71 times. Asked 2011-06-07 14:46:11 +0400 in the topic “Real Estate”
1 answer. Moscow Viewed 87 times. Asked 2012-11-23 11:07:24 +0400 in the topic “Administrative Law”
1 answer. Moscow Viewed 130 times. Asked 2012-01-02 15:33:14 +0400 in the topic “Pensions and social protection”
1 answer. Moscow Viewed 62 times. Asked 2012-03-12 16:36:25 +0400 in the subject “Civil Law”
1 answer. Moscow Viewed 204 times. Asked 2013-07-21 09:22:54 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 290 times. Asked 2011-11-10 17:33:46 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 79 times. Asked 2013-02-06 11:51:22 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 56 times. Asked 2013-06-26 08:26:36 +0400 in the subject “Labor Law”
1 answer. Moscow Viewed 998 times. Asked 2011-06-29 14:03:29 +0400 in the subject “Labor Law”
There really aren't many options. Any business, when interacting with individuals, is guided by the Labor Code (LC) or Civil Code (CC). Accordingly, employees can be registered either under an employment contract (ET) or under a civil law agreement (CLA). Let's start with definitions. An employment contract (EA) is an agreement between an employee and an employer establishing mutual rights and obligations. According to the TD, the employee undertakes to personally perform the work required by the position he occupies. The employer, in turn, undertakes to provide the employee with work, provide him with the necessary working conditions and pay wages.
Reception by GPH or TK
Sample civil contract between a crane operator and a manipulator Contractual relations in the labor sphere are also provided for by separate federal laws. Among these are the Federal Law of December 26, 1995 N 208-FZ “On Joint-Stock Companies” (hereinafter referred to as Law N 208-FZ). Among other issues, it regulates labor relations regarding the management of a joint-stock company on the basis of an agreement on the management of a joint-stock company.
Let us note that the very possibility of concluding this type of agreement follows from Art. In the case of a performer (contractor), the subject of the contract is fulfilled and remuneration is received only after the completion of the final work or services.
Civil contract (gph) 2018
Draw up a civil contract according to the rules of Art. 702 Civil Code Article 702. Contract agreement [Civil Code of the Russian Federation] [Chapter 37] [Article 702] 1. Under a contract agreement, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer, and the customer undertakes accept the result of the work and pay for it.
with respect, Titova Tatyana Alekseevna Personal consultation
- The individual entrepreneur is engaged in logging. Is it possible to employ a tractor driver, a cutter operator and a checker operator under a civil law contract? And even better for a certain amount of work! you have that right. You can enter into a fixed-term employment contract for the duration of the work. Article 59.
Civil contract for an excavator driver
Other orders of the customer, with the consent of the contractor, are formalized in a new contract, an additional agreement to the contract; if the employee is in a subordinate position to the employer, then the performer (contractor) is in an equal position with the customer; if the main meaning of civil law relations is the provision of an individually determined result specified in the subject of the contract, then labor relations are the fulfillment by the employee of the duties assigned to him. Civil contract (GPC) 2018 In this case, specific work is performed, and not labor activity, as with an employment agreement; parties to the contract: the customer and the performer, who may be called a contractor or author, but not an employer and an employee, as in an employment agreement. Performers do not receive a salary, but a remuneration for the work done and services provided.
Civil contract
Attention
The individual entrepreneur is engaged in logging. Is it possible to employ a tractor driver, a cutter operator and a checker operator under a civil contract? And even better for a certain amount of work! That is, they must harvest a certain amount of timber? How to draw up a contract correctly? Thank you. question number No. 10154772 read 165 times Urgent legal consultation8 800 505-91-11 free
- Hello. Yes, it is possible, but the Labor Code of the Russian Federation in Art. 15 prohibits the conclusion of civil contracts in the presence of real labor relations. And Article 19.1 of the Labor Code of the Russian Federation obliges the re-registration of such contracts into employment contracts at the request of the employee or based on materials from the labor inspectorate and other competent authorities.
At the same time, irremovable doubts in such disputes are interpreted in favor of the existence of labor relations. Personal consultation
Labor and civil contract
Info
Titova Tatyana Alekseevna Personal consultation
- reviews: 65,643 Individual entrepreneurs are engaged in logging. Is it possible to employ a tractor driver, a cutter operator and a checker operator under a civil contract? And even better for a certain amount of work! you have that right. You can enter into a fixed-term employment contract for the duration of the work. Article 59.
Civil law contract for an excavator driver So that later the tractor driver does not go to court and there, on the basis of Article 15 of the Labor Code of the Russian Federation, does not demand recognition of the GPC agreement as an employment contract, the work contract should not contain the conditions inherent in the employment contract. There is no need to indicate the time of work from how long until when, not you need to indicate the amount of wages. In the contract you indicate not wages but payment for work performed, you also need to draw up an acceptance certificate for the work performed.
The Employer has the right to terminate the Contract before the expiration of the test period if the test result is unsatisfactory, notifying the Employee about this no later than 3 (three) days in advance, indicating the reasons that served as the basis for recognizing the Employee as having failed the test. 1. Employment contract with an excavator driver I hope that my answer will definitely help you. Good luck and all the best to you! email mail Personal consultation
- reviews: 129 In accordance with Article 702 of the Civil Code of the Russian Federation, you can conclude a work contract, its variants for a certain period.
Drawing up contracts is a paid service, contact a lawyer in person. Personal consultation - reviews: 8,255 Hello! Yes, an individual entrepreneur has the right to conclude not an employment contract, but a civil law contract with a tractor driver, opener and checker operator.
And also, that payment should be provided not in a fixed amount for a certain period of time (like wages), but for a certain result of work. Then it will be a typical contract (Article 702 of the Civil Code of the Russian Federation). I recommend that you contact the lawyer of your choice to prepare such an agreement.
Sincerely, Sergey Nikolaevich Berestov, tel.: 8-913-010-29-69 (Phone call only to make an appointment for a consultation). Personal consultation
- This is the best answer Good afternoon, Ekaterina! You need to hire an employee under a fixed-term employment contract (Article 59 of the Labor Code of the Russian Federation). A contract can also be concluded. If you can determine the scope of work.
Subject of a civil contract with an excavator operator
Please be mutually polite. Our forum is for pleasant professional communication, cooperation and mutual assistance. And please do not leave active links to other resources in the forum - this lowers the ranking of our site in search engines Yandex and others. Subject of a civil contract with an excavator operator The Employer is obliged to warn the Employee about the upcoming dismissal due to the liquidation of the organization, reduction in headcount or staff employees of the organization in writing against signature at least two months before dismissal. The Employer, with the written consent of the Employee, has the right to terminate the Contract with him before the expiration of the above period, paying him additional compensation in the amount of the Employee’s average earnings, calculated in proportion to the time remaining before the expiration of the term notices of dismissal.
8.5.
Treat with care the property of the Employer and other employees, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property. 3.9.5. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property, including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property. 3.9.6. Compensate for damage caused to the Employer in accordance with labor legislation and the Contract.
3.10.
When carrying out measures to reduce the number or staff of an organization's employees, the Employer is obliged to offer the Employee another available job (vacant position) in accordance with Part 3 of Article 81 of the Labor Code of the Russian Federation. 8.3. The Employee has the right to terminate the Agreement by notifying the Employer in writing no later than two weeks in advance. The specified period begins the next day after the Employer receives the Employee’s resignation letter.8.4. Civil contract (gph) 2018 Attention Surprisingly large reference database on personnel records management Forum of personnel officers.
HR records management » Document exchange We welcome you to the forum of HR professionals and newcomers to HR, dear colleagues! There are already more than 250,000 messages on our forum, more than 26,000 topics, and most importantly, we always have an excellent team and a spirit of mutual assistance.
The job description of an excavator operator is a rather highly specialized document, but no less in demand due to the great demand for workers in this profession. We will tell you in this material how to develop the optimal job description for an excavator operator, what you should pay attention to and what points to take into account.
Features of the work of an excavator driver
An excavator is a powerful machine designed for various types of earthmoving work. The job of an excavator operator is not only to operate this machine, but also to maintain it and maintain it in working condition. At the same time, despite the apparent simplicity of labor functions, this profession requires not only knowledge of the structure of the machine and the ability to operate it, but also certain knowledge in the field of physics, geometry, geography, and mining geology. For example, an excavator operator must be able to read technical documentation and drawings in order to correctly assess the composition and condition of the soil in order to select working equipment and a parking location for the excavator.
In addition, such work requires clarity, attentiveness and a responsible attitude to the matter, since a mistake can have very unpleasant and even tragic consequences - both material and threatening the life and health of people. Among other things, the work of an excavator driver requires good physical fitness, so work in this position requires regular medical examinations and has a number of health restrictions.
The range of basic job powers of a particular employee is established in the job description of an excavator driver, which is developed individually in each organization. Due to the fact that a job description is an internal document of an enterprise, its content may differ even for the same position or profession. However, there are general requirements that allow us to give recommendations on how to draw up a competent job description for an excavator operator.
Structure of the job description of an excavator driver
In their structure, the overwhelming majority of job descriptions have a similar appearance, due to business customs. Accordingly, in its structure, the job description for an excavator driver should look like this:
- In the header of the document, in the upper right corner, there should be information about the official who approved the instructions, with the date of approval and the signature of this person. In addition, there is also space here for the data of employees with whom the job description was agreed upon during the development process, and their signatures.
- The general provisions section includes information about the requirements for candidates for the position (education, age, skills, work experience, etc.), the procedure for hiring, dismissing and replacing an employee, and the place of the excavator driver position in the overall staffing structure. In addition, this section includes a list of documentation (legal norms and internal documents of the enterprise) with which the employee must be familiar. In the case of an excavator operator, such a list is very important, since work in this specialty requires compliance with a significant number of instructions and rules.
- The main section of the job description is devoted to defining the job responsibilities and rights of the excavator operator. The more accurately this list is compiled, the easier it will be for the employee to perform his job functions, and for management to monitor his work. Thus, it is necessary to pay increased attention to the development of this section and the main time allocated for preparing the job description.
- The last section of the document is the section on the employee’s responsibility, which cannot be stricter than that provided for by labor legislation.
The employee must be familiarized with the job description by signature, so at the end of the document there may be space for notes on familiarization.
Standard requirements for a candidate for the position of excavator driver
To work as an excavator operator, you need secondary specialized education. If education was obtained in another specialty, then a certificate of completion of specialized courses is required.
Don't know your rights?
The standard requirements for an applicant for the position of excavator driver are:
- gender (as a rule, men are required for this position);
- age (the required age of the candidate is determined by the issuance of driving licenses from the age of 18);
- required special education and rank;
- work experience (at the request of the employer);
- medical reports giving the right to work in the specialty;
- knowledge of legislation, instructions and other documentation necessary for work.
In his work, the excavator operator must be guided by:
- legislation relating to its work, including various SNiPs on technical safety during construction;
- methodological and internal documents of the organization relating to its work;
Also, a candidate for the position must know:
- design and technical characteristics of the excavators used;
- methods of operating an excavator when developing different types of soil and rocks;
- rules for working with soil on the surface and in the face;
- requirements for loading soil into various cargo vehicles;
- rules for carrying out transport and pipe-laying work;
- the procedure for moving over rough terrain and in field conditions;
- principles of operation of mechanical, hydraulic and electrical equipment;
- rules for installation and dismantling of work equipment;
- causes of malfunctions in the equipment used and ways to eliminate them;
- rules for filling out the necessary documentation.
Requirements for a license to operate an excavator
To work, a candidate for the position must have a tractor operator license of categories B, C, D or E - only these categories give permission to operate an excavator:
- “B” - tracked and wheeled vehicles with an engine power of up to 25 kW;
- “C” - wheeled vehicles with an engine power from 25.7 to 110.3 kW;
- “D” - wheeled vehicles with an engine power exceeding 110.3 kW;
- “E” - tracked vehicles with an engine power of over 25.7 kW.
Based on the document on receipt of education, marks on the training completed are placed on the certificate. At the same time, you need to pay attention that the “excavator operator” mark on the certificate itself does not give the right to operate an excavator! Admission to work on the specified equipment is provided only if there is a document confirming completion of training in the operation of an excavator. Moreover, if the applicant has taken courses in driving a Russian-made excavator, he cannot work on imported equipment, since for this he needs to obtain another certificate. This means that the compiler of the job description for this specialist must keep in mind: the requirement to have only a tractor driver’s license with the entry “excavator operator” does not make sense; an operating permit is also necessary.
Excavator driver rank
According to the Unified Tariff and Qualification Directory of Work and Professions of Workers, the profession of an excavator driver includes 5 categories (from 4 to 8). Information about the rank received is entered in the document confirming completion of training in the specialty, and each rank gives the right to operate an excavator with certain characteristics:
- 4th category - single-bucket excavator with a bucket with a volume of up to 0.15 m 3;
- 5th category - single-bucket excavator with a bucket from 0.15 to 0.4 m 3;
- 6th category - a single-bucket excavator with a bucket from 0.4 to 1.25 m 3 and a rotary excavator with a productivity from 1000 to 2500 m 3 / h;
- 7th category - a single-bucket excavator with a bucket volume from 1.25 to 4 m 3 and a rotary excavator with a productivity from 2500 to 4500 m 3 / h;
- 8th category - a single-bucket excavator with a bucket volume from 4 to 9 m 3 and a rotary excavator with a productivity of 4500 m 3 / h.
This point must be taken into account by the employer when preparing a job description for an excavator driver, since the scope of his job responsibilities may depend on the rank assigned to the driver.
Standard job responsibilities of an excavator operator
The job responsibilities of an excavator driver must take into account the specifics of the work for which the person is hired. The more accurately and clearly the employee’s responsibilities are listed, the easier and more effective it will be to organize his work.
Some of the most common job responsibilities of an excavator operator include:
- Operation of an excavator during stripping, mining, re-excavation, stripping, dumping, loading and unloading operations.
- Development and movement of rock mass and soil.
- Layout of the face surface and movement of the excavator during operation.
- Technically correct development of the face and optimal use of the excavator.
- Layer-by-layer development of soil and excavation of rock mass in layers.
- Loading and stacking of mined rock.
- Providing care and maintenance of the excavator during and after operation.
- Participation in equipment repair work.
- Drawing up and filling out the necessary technical documentation.
Thus, when developing a job description for an excavator operator, it is necessary to take into account a significant number of important points regarding the requirements for the applicant for the specified position and the list of job responsibilities of the employee. A correctly drawn up instruction will help both the employer when hiring an employee and the employee when performing his/her job duties in the future.
EMPLOYMENT AGREEMENT No. _____
St. Petersburg “___” _________ 200__
We refer to__ hereinafter as the “Employer”, represented by _____________________________________________________, acting____ on the basis of ________________________________, on the one hand, and _______________________________________________________________________, hereinafter referred to as the “Employee”, on the other hand, have entered into this agreement as follows:
1.1. The employee is hired by the Employer in the organization: ________________________ _______________________________________________________________ to perform work as an excavator operator with a salary of _______________________________________ _______________________________________________(______________________) rubles per month.
1.2. The employee is given a probationary period of ______ months (but not more than 3 months). If the test result is unsatisfactory, the Employer has the right to terminate the employment contract with the Employee before the expiration of the test period by notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this Employee as having failed the test. If the probation period has expired and the Employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis. If during the probationary period the Employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the Employer in writing three days in advance.
1.3. The employee is obliged to start work on “___” ________ 20__.
1.4. This agreement is concluded for an indefinite period.
1.5. This employment contract comes into force from the moment it is signed by both parties.
1.6. Work for the Employer is the main place of work for the Employee.
1.7. The place of performance of the labor function is the employer’s organization or any other organization specified by the employer.
2. Rights and obligations of the Parties
2.1. The employee is obliged:
2.1.1. Perform work in accordance with technical documentation, observing the rules and regulations for the operation of the excavator;
2.1.2. Ensure the operation of the excavator on the construction site and facilitate the completion of the planned daily task;
2.1.3. Carry out routine tests and inspection of technical condition immediately before starting work;
2.1.4. Follow the technical sequence when digging pits and trenches;
2.1.5. Operate the excavator in accordance with technical standards;
2.1.6. Use economically and carefully and draw up a report on spent fuel and lubricants every shift;
2.1.7. For the safety of the excavator, ensure that the walls of pits, trenches, and struts are properly secured. Do not leave the excavator in the area of possible collapse;
2.1.8. Monitor wear and timely replacement of excavator spare parts, monitor technical condition, identify and repair breakdowns;
2.1.9. If underground communications, buildings, explosive objects are discovered that are not provided for by the project, stop work, leave the danger zone, and inform the person responsible for the work;
2.1.10. Work in difficult areas should be carried out in accordance with the production work plan in the direct presence of the production manager;
2.1.11. Work in the dark (night time) should be carried out in sufficient light;
2.1.12. Maintain cleanliness and order in the workplace, ensure that the first aid kit is equipped;
2.1.13. Comply with labor discipline, internal labor regulations and other local regulations of the Employer;
2.1.14. Comply with labor protection and occupational safety requirements.
2.1.15. Treat the property of the Employer and other employees with care.
2.1.16. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property.
2.1.17. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without prior permission from management.
2.1.18. Do not disclose information that constitutes a trade secret of the Employer.
2.2. The employer undertakes:
2.2.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.
2.2.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.
2.2.3. Pay the Employee in the amount established in clause 1.1 of this employment contract.
2.2.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the Employer’s work in the manner established by the Regulations on Remuneration and other local acts of the Employer.
2.2.5. Provide social insurance to the Employee against accidents at work and occupational diseases.
2.2.6. Pay, in case of operational necessity, for the purpose of improving the Employee’s qualifications for his training.
2.2.7. Familiarize the Employee with labor protection requirements and internal labor regulations.
2.3. The employee has the following rights:
The right to provide him with the work specified in clause 1.1 of this employment contract;
The right to timely and full payment of wages;
The right to rest in accordance with the terms of this employment contract and legal requirements;
The right to compulsory social insurance in cases provided for by the legislation of the Russian Federation;
The right to conclude, amend and terminate an employment contract in the manner and under the conditions provided for by the legislation of the Russian Federation;
8. Special conditions
8.1. The terms of this employment contract are confidential and are not subject to disclosure.
8.2. The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
8.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.
8.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
8.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
10. Details and signatures of the parties
Employer ___________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Worker Full name______________________________________________________________________________________________________________passport:_______No.____________________issued by:________________________________________________________________________________________________________________________________________________registered by:_________________________________________________________________________________________________________________________________ |
|