Start working on the date. Is it possible to conclude an employment contract before the employee starts work? What regulates the entry into force of an employment contract?

05 Feb 2012 02:00

Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations and this agreement, pay the employee promptly and in full wages, and the employee undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force for this employer.
The parties are the employee and the employer.
Correct design employment contract important for the employee and the employer, since this is the main document on which they are based labor Relations.
However, the correctness of the execution of the employment contract can also be checked by a labor inspector, and if errors are detected in the execution or in the terms of the contract, the employer may be brought to justice administrative responsibility, established by Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation.
Let us note that this norm establishes a fine for heads of organizations in the amount of 1,000 to 5,000 rubles. (for a repeated offense - disqualification for a period of one to three years) and for organizations - from 30,000 to 50,000 rubles.

We draw up an employment contract

An employment contract is concluded in writing (Article 67 of the Labor Code of the Russian Federation).
Written form is provided for all types of employment contracts. Therefore, regardless of whether a fixed-term employment contract is concluded or a contract for an indefinite period, whether the employee’s place of work is the main one or whether it is a part-time job, it is necessary to formalize the employment relationship by concluding a written employment contract.
If the employment contract is not in writing, this fact is the basis for holding the employer liable for non-compliance.

Note! The absence of a written employment contract does not indicate the absence of an employment relationship.
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative (Article 67 of the Labor Code of the Russian Federation).

An employment contract is drawn up in duplicate, one of which remains with the employer, and the second is transferred to the employee.
Each copy of the employment contract must be signed by both the employee and the employer.

Note! Upon receipt of his copy of the employment contract, the employee must put a signature on the copy of the employer’s employment contract, which will confirm the fact that the employee received the employment contract (Article 67 of the Labor Code of the Russian Federation). Therefore, we recommend that on a copy of the employer’s contract, provide a separate column “Received the employment contract, date and signature of the employee.”
Let us note that the absence of such an employee’s signature is one of the most common violations that labor inspectors identify during inspections of employers regarding compliance with labor laws.

Age at which it is permissible to conclude an employment contract

By general rule, established by labor legislation, an employment contract can be concluded with an employee who has reached the age of 16 (Article 63 of the Labor Code of the Russian Federation).

Note! If an employment contract is concluded with an employee under 18 years of age, such employee is first sent by the employer for a mandatory medical examination (Article 69 of the Labor Code of the Russian Federation). And only if there is a medical report, from which it follows that the work is not contraindicated for the young worker, the employer has the right to conclude an employment contract.

Let us note that it is possible to conclude an employment contract with persons under 16 years of age, but only if the conditions established by the Labor Code of the Russian Federation are met.
An employment contract can be concluded with a 15-year-old employee only for the fulfillment of easy work that does not harm his health.
The conclusion of an employment contract is possible only in the following cases:
- when the teenager has already received basic general education (completed 9 classes of secondary school);
- continues to master the program general education in a form of education other than full-time;
- the teenager, with the consent of the parents and the juvenile affairs commission, left educational institution(i.e. stopped going to school).
An employment contract can be concluded with a 14-year-old student to perform light work that does not harm his health and does not disrupt the learning process.
To conclude an employment contract you must:
- consent of one of the parents (guardian) and the guardianship authority;
- work must be performed in free time from study and not disrupt the learning process.
Labor legislation provides for the possibility of concluding an employment contract with young children, but only with the following employers:
- cinematography organizations;
- theaters;
- concert organizations;
- circuses.
It is possible to use the labor of children to create and (or) perform (exhibit) works without harming their health and moral development.
To conclude an employment contract, permission from the guardianship and trusteeship authority is required, which indicates the maximum permissible duration daily work and other conditions in which the work may be performed.
The employment contract is signed on behalf of the child by his parent (guardian).

Terms of the employment contract

An employment contract concluded between an employee and an employer is one of the key documents in the formation of labor relations. Each organization independently develops the text of the employment contract, while for various employees Employment contracts may also differ.
Despite the fact that the Labor Code of the Russian Federation regulates in quite detail legal basis labor relations, an employment contract allows you to outline the nuances of labor relations.
Conditions such as, for example, the name of the position, the amount of remuneration, are mandatory conditions, individual for each employee.
The structure of the employment contract is as follows.
The employment contract must include information that allows identification of the employee and the employer.
In addition, the employment contract must contain prerequisites listed in Art. 57 Labor Code of the Russian Federation.
In addition to the mandatory ones, the employment contract may contain additional conditions.

Note! The terms of an employment contract that do not comply with the principles of labor legislation are invalid.

So, the employment contract specifies:
- last name, first name, patronymic of the employee and the name of the employer who entered into the employment contract;
- employee’s passport details;
- TIN (taxpayer identification number) of the employer;
- information about the employer’s representative who signed the employment contract, and the basis on which he is vested with the appropriate powers;
- place and date of conclusion of the employment contract.

Mandatory terms of the employment contract

Article 57 of the Labor Code of the Russian Federation lists the conditions mandatory for inclusion in an employment contract:
1. Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - the place of work indicating the separate structural unit and its location.
2. Labor function(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee).
Let us note that if the work performed in certain positions, professions, specialties legally provides for the provision of compensation and benefits or the presence of restrictions, then the name of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in the Unified Tariff qualification directory works and professions of workers or in the Unified Qualification Directory of Positions of Managers, Specialists and Employees, approved. Decree of the Government of the Russian Federation of October 31, 2002 N 787.
3. Start date.
4. Validity fixed-term contract; circumstances (reasons) that served as the basis for concluding a fixed-term employment contract.

Note! As a general rule, employing organizations must enter into employment contracts for an indefinite period. A fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for in Art. 59 Labor Code of the Russian Federation.

One of the most common mistakes employers make when concluding an employment contract is concluding a fixed-term employment contract in the absence of grounds for this.
By agreement of the parties, a fixed-term employment contract can be concluded only in the cases provided for in Part 2 of Art. 59 Labor Code of the Russian Federation.
For example, an organization has the right to enter into fixed-term employment contracts ( individual entrepreneurs) - small businesses, if the number of their employees is no more than 35 people.
If the employer operates in the field retail and consumer services, the number of employees should not exceed 20 people.
And if the employer unreasonably concluded a fixed-term employment contract, the consequences may be as follows:
- the court may recognize such an agreement as concluded for an indefinite period;
- a labor inspector can hold an employer accountable for violating labor laws.
5. Terms of payment(including size tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments).
It should be noted that the size of the employee’s official salary (tariff rate) must be indicated directly in the employment contract (this is established by Article 135 of the Labor Code of the Russian Federation).
However, many employers prefer instead to use the wording “Payment according to the staffing table” in the text of the contract. This is illegal.
For such wording, the employer may be held liable for violation of labor laws.
6. Working hours and rest hours(if for of this employee it is different from general rules, operating with this employer).
7. Compensation for hard work and work with harmful and (or) dangerous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace.
8. Conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, other nature of work).
9. Conditions on compulsory social insurance of the employee. For example: “The employee is subject to mandatory social insurance in accordance with current legislation RF".
10. Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

Note! Failure to include one or more mandatory conditions in the text of the agreement does not make such an agreement unconcluded and is not a basis for termination of the employment contract. At the same time, if Labour Inspectorate during an inspection, the employer discovers that mandatory conditions are not reflected in the employment contract, the employer may be held administratively liable for violating labor laws.

Therefore, if the text of the contract does not contain any mandatory conditions, it is necessary to include them in the contract. To do this, you should draw up a written annex to the agreement, which will form an integral part of it.
Let us remind you that all annexes to the agreement must be signed by the parties - the employee and the employer.

Entry into force of the agreement

As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer (Article 61 of the Labor Code of the Russian Federation). At the same time, the parties can independently determine the date of entry into force of the agreement. For example, an employment contract was signed by the parties on May 25, 2011.
It states that it will take effect on June 1, 2011.
Most often, an employment contract is signed on the day the employee begins to perform his duties. labor responsibilities.
For example, an employment contract was signed on October 17, 2011.
The text of the contract contains a condition according to which the employee begins to perform work duties from the date of its signing.
However, the dates of signing the employment contract and the start of work may not coincide. The employment contract can stipulate a specific date from which the employee begins to perform work duties.
For example, an employment contract was signed by the parties on October 30, 2011. The contract stipulates that the employee begins to perform his job duties on November 11, 2011.
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.
For example, an employment contract was signed on November 10, 2011.

Note! Currently, when deciding to cancel a contract, the reasons why the employee did not start work on time do not matter. Previously (until October 6, 2006), an employer could cancel an employment contract only if the employee did not start work without good reason.

The period when the employee must begin performing his job duties is not established by the contract. In this situation, the employee starts work on November 11, 2011.
It is possible that an employment contract was signed by the parties, but the employee did not start work on the start date.
In this case, the employer has the right to cancel such an employment contract. A canceled employment contract is considered not concluded (Part 4 of Article 61 of the Labor Code of the Russian Federation).
Please note that cancellation of an employment contract is a right, not an obligation, of the employer.
Therefore, the employer can take advantage of this right and issue an order to cancel the employment contract the very next day after the employee has not started work. The order can be issued at a later date if the employee never returns to work.
At the same time, the employer can find out the reasons for the employee’s absence from work and leave the employment contract in force.

Documents presented when concluding an employment contract

Article 65 of the Labor Code of the Russian Federation provides list of documents which the employee presents to the employer when concluding an employment contract:
- passport or other identification document;
- work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
- insurance certificate of state pension insurance;
- documentation military registration for those liable for military service and persons subject to conscription for military service;
- a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.
Failure by the employee to provide these documents is grounds for refusal to conclude an employment contract.
The Labor Code of the Russian Federation prohibits employers from requiring any documents from an employee other than the above.
Often, when concluding an employment contract, employers require employees to present a certificate of assignment of a TIN (taxpayer identification number).
However, this document is not included in the list of documents that the employee must present to the employer. Therefore, the absence of an employee’s certificate of assignment of a TIN cannot serve as a basis for refusal to conclude an employment contract.
When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.
Note that the absence work book does not actually prevent the conclusion of an employment contract.
If an employee does not have a work book, for example due to its loss, he must write a corresponding statement to the employer indicating the reason for the lack of a work book.
The employer, in turn, must issue a valid work book for the employee and make the appropriate entries in it.
When registering a new work book, information about the general and (or) continuous experience the employee's work before joining to this employer, confirmed by relevant documents. The total length of service is recorded in total, i.e. the total number of years, months, days of work is indicated without specifying the employer, periods of work and positions of the employee (Letter of Rostrud dated April 30, 2008 N 1026-6).

The agreements reached by the employer and his employee regarding labor cooperation are enshrined in the employment contract. After completing this document, it is important when the employment contract comes into force. After all, it is from this moment that this document acquires legal force Accordingly, the parties have mutual obligations.

Date of conclusion of the employment contract

The calendar day on which the employment contract is concluded must be indicated in its text. Usually this date is written at the very beginning of the text in the upper corner (right or left). In the opposite corner, opposite the date, the place where the contract was drawn up (city) is indicated.

Effective date

The employment contract comes into force on the date:

when the employee is given access to work. Moreover, permission to work must be carried out on behalf of the employer (if not by himself, then by his representative) or with his knowledge;
signing it by both parties;
specified in the federal law or other regulatory legal act;
indicated in its text.

The entry into force of the employment contract for both parties means that from that moment the parties assume the agreed upon obligations and bear responsibility for their failure to fulfill them.

From what moment is an employment contract considered concluded?

The Labor Code provides a direct indication of the date on which the employment contract comes into force. But regarding the date of its conclusion, there is only an indication that such a date should be in the document itself. This allows us to conclude that these dates may be different.

As for the conclusion of an employment contract, the final stage of this process is the signing of its text by the parties. That is, as an employment “deal,” the employment contract is considered concluded from the moment (date) of its signing.

Start of work

The text of the drawn up employment contract must separately indicate the start date of work (Article 57 of the Labor Code of the Russian Federation). It is from this date that the employee is obliged to begin fulfilling his job responsibilities. The employer, in turn, must organize the employee’s access to his workplace and the opportunity to perform work.

The date of the employment contract and the start date of work may not coincide. For example, the parties entered into an employment contract (signed it) on March 1, but the text indicates March 2 as the first day of going to work. This time gap is not limited by labor legislation. Everything is decided at the discretion of the parties.

Therefore, even at the interview stage, it is important to indicate to the employer the time when you can start working. In this case, you can conclude an employment contract immediately after the employer has made a decision to hire a candidate. The existence of this agreement will serve as a guarantee that workplace will be retained by the successful applicant. The employee will be able to start working on the day previously agreed upon by the parties, indicating it in the text of the employment contract itself.

When should an employee start work?

To actually fulfilling your labor functions the employee must start on the day specified in the text of the signed employment contract. In the absence of this calendar date, the first day of work for the employee should be the next day (working day) after the contract comes into force.

If the employee does not start work on this day, which is determined for him to start work, then the employer has the right to cancel this contract.

This condition of the employment contract includes: a) the start date of work; b) the duration of the fixed-term employment contract; c) the circumstances that served as the basis for concluding a fixed-term employment contract.

The employee’s exercise of his right to work begins on the day he starts work specified in the employment contract. According to Art. 61 of the Labor Code of the Russian Federation, the employee is obliged to begin performing work duties on the day specified in the employment contract, but if the employment contract does not specify the start date of work, then the employee must begin work the next day after the contract enters into force. It should be noted that the norm of part 2 of article 57 of the Labor Code of the Russian Federation is not consistent with the norm of part 3 of article 61 of the Labor Code of the Russian Federation, because the first provides for the mandatory indication in the employment contract of the conditions on the start date of work and the corresponding consequences of failure to include this in the employment contract conditions, and the second is the possibility of the absence of a condition on the start date of work. In my opinion, the start date of work must be fixed in the employment contract itself, since it is from a certain calendar date that the employee is subject to all the guarantees of labor law and all its norms, for example, legislation on wages, and the insurance period is also calculated, which in the future will give the right to receive a labor pension.

Regulations of Part 3 of Art. 61 of the Labor Code of the Russian Federation that an employee must begin work on the next working day after the contract enters into force, if the start date of work is not determined, does not provide sufficient certainty, based on the fact that an employment contract can come into force not only from the date of its signing, but also from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative. Often, in employment contracts drawn up after actual admission to work, the start date of work is not indicated due to the fact that the date of execution of the employment contract cannot be later than the start date of work. As a result, an individual labor dispute may arise between the employee and the employer, which will have to be resolved in court. In this case, the main source of evidence will be witness testimony. It is also necessary to pay attention to the fact that the discrepancy between the date of execution of the employment contract and the start date of work should not be more than 3 working days (Part 2 of Article 67 of the Labor Code of the Russian Federation). A greater discrepancy gives state labor inspectors grounds to bring the employer to administrative liability.

If the employee does not start work on the day he starts work, then the employer has the right to cancel the employment contract, which in turn will be considered not concluded (Article 61 of the Labor Code of the Russian Federation). “There may be cases when an employee will present evidence that he was unable to start work for a good reason (the employee’s illness, the need to care for a seriously ill family member). If the employer recognizes the reason as valid, then he has the right to reinstate the employment contract.” Orlovsky. Concept, parties, content of an employment contract // Law. - 2005. - No. 1 - P. 4 - 9.

It is also necessary to pay attention to the fact that the legislator provides for determining the start date of work by a calendar date, that is, a specific day, indicating a specific date, month and year.

The second component of this condition is an indication of the validity period of the employment contract when concluding a fixed-term employment contract. In this case, it is important to indicate not only the start date of work, but also the end date of the employment contract. In order for an employment contract to be recognized as a fixed-term one, the period during which the obligations under the employment relationship will exist between the parties must be specified. According to Art. 58 of the Labor Code of the Russian Federation, employment contracts can be concluded for a period of no more than 5 years (fixed-term employment contract), while providing for the establishment of a different period if this is provided for by the Labor Code of the Russian Federation or federal laws. A different period is established in the Labor Code of the Russian Federation, so, when concluding a fixed-term employment contract to perform temporary (up to two months) work (Article 290 of the Labor Code of the Russian Federation), seasonal work, the period, as a rule, does not exceed six months (Article 293 of the Labor Code of the Russian Federation ).

The term of the employment contract can be indicated either by the calendar dates of the beginning and end of the employment contract, or by the period of validity of the contract (6 months, 1 year, etc.): in this case, the calendar end date will be determined according to the rules of Art. 14 Labor Code of the Russian Federation. According to Part 3 of Article 14 of the Labor Code of the Russian Federation, “Terms calculated in years, months, weeks expire on the corresponding date of the last year, month or week of the term.” Labor Code Russian Federation dated December 30, 2001 No. 197-FZ // Collection of legislation of the Russian Federation. 2002. - No. 1 (part 1) - art. 3.

The third component of this condition is an indication of the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract, if this agreement takes place.

IN new edition Part 2 of Article 58 of the Labor Code of the Russian Federation, introduced in October 2006, defines two groups of circumstances under which fixed-term employment contracts are concluded:

1) are concluded due to the fact that the nature of the work to be performed or the conditions for its implementation does not allow the establishment of labor relations for an indefinite period (Part 1 of Article 59 of the Labor Code of the Russian Federation);

2) can be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be done and the conditions for its implementation (Part 2 of Article 59 of the Labor Code of the Russian Federation).

The circumstances are specified in detail in parts 1 and 2 of Art. 59 Labor Code of the Russian Federation. The lists are not exhaustive; there may be other reasons for concluding a juicy employment contract.

At the same time, Part 2 of Article 57 of the Labor Code of the Russian Federation establishes that the circumstance (reason) that served as the basis for concluding a fixed-term employment contract must be indicated in the employment contract as its mandatory condition. This is necessary to justify the legality of the employer’s actions and confirm that this type of contract was not concluded for the purpose of evading the provision of rights and guarantees provided for employees with whom the employment contract is concluded for an indefinite period.

Hello! Please tell me, is it possible to conclude an employment contract with an employee a month before the start of work? What date should the acceptance order be issued? And should a staff position be available for hiring an employee when concluding an employment contract or can it be introduced later when issuing an order for hiring?

Answer

Answer to the question:

Yes you can

At the same time, if an employment contract is concluded in advance, then he is hired from the date specified in the employment contract, and not from the date of conclusion of the contract. Therefore, the position must be entered into staffing table by the time the employee returns to work.

Details in the materials of the Personnel System:

Situation: When concluding an employment contract, is it possible to indicate the start date of work after some time, for example in a week or a month?

Yes, you can.

A mandatory requisite of any document is its date - the date when the document was actually drawn up (approved by Decree of the State Standard of Russia dated March 3, 2003 No. 65-st). This date does not allow for any other interpretation. The start date of work, which is stated in the Labor Code of the Russian Federation, is determined by agreement of the parties and is a mandatory condition for inclusion in the contract (, Labor Code of the Russian Federation). The start date of work can be any date no earlier than the parties have reached an agreement and executed a contract. Only an employment contract can be drawn up later than the date of actual start of work and extend its effect to the labor relations preceding the execution of the document.

You can pre-conclude an employment contract and set a later start date without any restrictions. Since in labor legislation There is no specific deadline for processing documents with a deferred validity period. This means that the start date of work may differ from the date of signing the employment contract itself by a week, a month, or even more, subject to the consent of the employer and employee. Moreover, in practice this is often what they do in order to secure agreements and protect themselves from further risks. To a greater extent, this is protection for the employee, because according to the concluded contract, the employer will be obliged to hire him on the agreed date, regardless of the circumstances. But an employee, even with a signed employment contract, may simply not go to work on the specified day, and then the employer will only have to cancel the contract and look for a new candidate. Similar explanations are given by Rostrud specialists in letter dated December 19, 2007 No. 5203-6-0.

Thus, when concluding an employment contract, you can specify the start date of work after some time, for example a week, a month or more, if the employer and employee agree to this.

Nina Kovyazina

Deputy Director of the Department medical education And personnel policy in healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Evgenia Pikeeva,

HR System expert

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The start date of work, which is referred to in Article 57 of the Labor Code of the Russian Federation, is determined by agreement of the parties and is a mandatory condition for inclusion in the contract (Part 2 of Article 57, Article 61 of the Labor Code of the Russian Federation). The start date of work can be any date no earlier than the parties have reached an agreement and executed a contract. Only in exceptional cases can an employment contract be drawn up later than the actual start date of work and extend its effect to the labor relations preceding the execution of the document. You can pre-conclude an employment contract and set a later start date without any restrictions. Since the labor legislation does not specify a specific deadline for processing documents with a deferred validity period.

Entry into force of the employment contract and return to work

This means that the start date of work may differ from the date of signing the employment contract itself by a week, a month, or even more, subject to the consent of the employer and employee. Moreover, in practice this is often what they do in order to secure agreements and protect themselves from further risks. To a greater extent, this is protection for the employee, because according to the concluded contract, the employer will be obliged to hire him on the agreed date, regardless of the circumstances.
But an employee, even with a signed employment contract, may simply not go to work on the specified day, and then the employer will only have to cancel the contract and look for a new candidate. Similar explanations are given by Rostrud specialists in letter dated December 19, 2007 No. 5203-6-0.

Can the date of concluding an employment contract be earlier than the start date?

Attention

The hiring of an employee is formalized by an order issued on the basis of a concluded employment contract. The contents of the order must comply with the terms of the contract. This is stated in Part 1 of Article 68 of the Labor Code of the Russian Federation.

There are no specific requirements that the order must be issued on the day the employment contract is signed. Therefore, you can issue an order on the day of signing the employment contract, later, or on the day of hiring. Read more about the procedure for concluding an employment contract by following the link.

And should a staff position be available for hiring an employee when concluding an employment contract or can it be introduced later when issuing an order for hiring? Specify the position in the employment contract in strict accordance with the staffing schedule. It is unlawful to hire an employee for a position that is not included in the staffing table. This follows from Article 57 of the Labor Code of the Russian Federation.

Question 1

Similar explanations are given by Rostrud in a letter dated January 21, 2014 No. PG/13229-6-1. At the same time, if an employment contract is concluded in advance, then he is hired from the date specified in the employment contract, and not from the date of conclusion of the contract. Thus, the position must be entered into the staffing table by the time the employee goes to work.
Details in the materials of the Personnel System:

Situation: When concluding an employment contract, is it possible to indicate the start date of work after some time, for example in a week or month

Yes, you can. A mandatory requisite of any document is its date - the date when the document was actually drawn up (Article 9 of the Law of December 6, 2011 No. 402-FZ, clause 3.11 of GOST R 6.30-2003, approved by the Decree of the State Standard of Russia of March 3, 2003 No. 65-st). This date does not allow for any other interpretation.

Entry into force of the employment contract: what date should be indicated in the employment contract?

Important

Start date of work This condition of the employment contract includes: a) start date of work; b) the duration of the fixed-term employment contract; c) the circumstances that served as the basis for concluding a fixed-term employment contract. The employee’s exercise of his right to work begins on the day he starts work specified in the employment contract. According to Art. 61 of the Labor Code of the Russian Federation, the employee is obliged to begin performing work duties on the day specified in the employment contract, but if the employment contract does not specify the start date of work, then the employee must begin work the next day after the contract enters into force.

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Labor legislation does not provide for these requirements. Article 57 Labor Code The Russian Federation establishes mandatory conditions of an employment contract, one of them is the start date of work. Also unified form Order No. T-1 on hiring an employee includes a column indicating the date the order was drawn up and a separate column “Hiring from .....” i.e.
The legislator assumes that the date of concluding an employment contract, the date of issuing an employment order may be different from the start date of work. Most importantly, remember that the hiring order is issued on the basis of a concluded employment contract (Article 68 of the Labor Code of the Russian Federation), i.e. the date of issue of the order cannot be earlier than the date of the concluded employment contract. Extracts from regulations: LABOR CODE OF THE RUSSIAN FEDERATION Article 57.

The date of drawing up the employment contract is later than the start date of work

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