Sample employment contract with the chief physician. Employment contract with a medical worker: sample design

The article by lawyer Olga Zinovieva analyzes the most important changes in labor legislation that affected the grounds and procedure for concluding and terminating an employment contract with the head of a healthcare institution, and also provides a legal assessment of the procedure for terminating an employment contract with the head of a health care facility, given by the Constitutional CodeHouse of the Russian Federation and significantly changed the labor relations of the heads of federal, state, municipal healthcare institutions with the bodies authorized to conclude an employment contract with them

The current labor legislation and, first of all, the Labor Code of the Russian Federation, adopted on December 30, 2001 and put into effect on February 1, 2002, significantly changed the procedure for regulating the labor of heads of healthcare institutions that was in force before its adoption, enriching the general regulation of labor that previously existed at the federal level. relations between the employer and the head of the institution by specific rules applicable to labor relations of this kind by virtue of direct instructions in the law.
The actual difference between the official status of an ordinary (ordinary) employee and the status of a manager (not only of a healthcare institution, but also of other enterprises and organizations, regardless of their organizational and legal form) for several years immediately preceding the development of the Labor Code of the Russian Federation forced the legislator not only to fix already established features in the form of novelties of a codified normative act, but also to develop a more detailed mechanism of legal regulation, thereby forming a certain legal status of the head of the institution.
Thus, in the current Labor Code of the Russian Federation, a separate chapter 43 is devoted to the peculiarities of regulating the work of the head of an institution - “Peculiarities of regulating the work of the head of the organization and members of the collegial executive body of the organization.” In addition to the above chapter, the peculiarities of the legal status of the manager as a subject of labor relations are enshrined in a number of other norms of the Labor Code, a comprehensive analysis of which allows us to draw a conclusion about the special legal status of the manager and, at the same time, the extension to the head of the institution of all legal guarantees in the field of labor provided by the legislator to employees .
The purpose of this article is to explain the features of the legal conditions for concluding and terminating an employment contract between the employer of the head of a healthcare institution and the manager himself, firstly, because in the legal regulation of hiring and dismissal from work, the differences in the legal status of the manager from the status of other employees are most fully expressed , secondly, because the dismissal of the head of an institution, if the termination of the employment contract occurs at the initiative of the employer, often leads to an appeal to the judicial authorities with a claim for reinstatement at work, which allowed the Russian judicial system to apply the new Labor Code for a relatively short period of time RF and its Chapter 43 in particular to develop general rules of judicial and law enforcement practice.
An analysis of these labor standards indicates that the head of a healthcare institution, who, due to his job responsibilities, has a somewhat “complicated” legal status, from the point of view of the law is an employee, as directly indicated by Art. 11 of the Labor Code (hereinafter referred to as the article - Labor Code of the Russian Federation). This norm, which determines the effect of laws and other regulatory legal acts containing labor law norms, classifies heads of institutions as employees with the following wording: “Features of the legal regulation of labor of certain categories of employees (heads of organizations...) are established by this Code and other federal laws.” In addition, the legal status of a manager as an employee is also expressed by the legislator through an exception: part 6 of this article contains an exhaustive list of persons to whom labor law norms do not apply; However, this exhaustive list does not contain indications of the heads of institutions (enterprises, organizations).
The established features of labor regulation are intended to emphasize the special status of such an employee, since, as follows from Art. 251 of the Labor Code of the Russian Federation, by the specifics of labor regulation, the legislator understands rules that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers.
The legislation defines the head of an institution as an individual who, in accordance with the law or the constituent documents of the institution, manages this institution, including performing the functions of its sole executive body. In the overwhelming majority, the heads of health care institutions include chief physicians, and in some cases, directors. The name of the manager's position is always determined by the institution's Charter, which contains, among other things, the powers of the manager, and is also enshrined in the employment contract (sometimes called a contract) and the manager's job responsibilities. The head of a healthcare institution is a legitimate representative in relations with employees, with social partnership bodies, and other legal entities, that is, he represents the interests and protects the rights of the institution both in internal (within the institution) and in external (with other legal entities) relations.
As also follows from the analyzed article, the provisions of Chapter 43 apply to heads of healthcare institutions, regardless of their form of ownership (state and municipal), except in cases where:
the head of the institution is the only participant (founder), member of the institution, owner of its property (a situation, due to the structure of the domestic healthcare system, not found in the practice of healthcare institutions);
the management of the institution is carried out under an agreement with another organization (management organization) or an individual entrepreneur (manager) (it is possible that as the reform of the healthcare system develops, similar or slightly modified forms of management of healthcare institutions will occur; in this case, the relevance of this norm will be greater, than in today's conditions).

The peculiarities of concluding an employment contract with the head of an institution are determined by the special position of the head (chief doctor) both in the labor market and in the performance of labor functions.
Thus, the head of an institution is a position that inherently involves a more careful selection of candidates by the employer. Current legislation and practice have developed several ways to occupy the position of chief physician (or another leader if there is a different job title). Thus, Articles 17, 18, 19 of the Labor Code of the Russian Federation regulate in detail such methods of holding the position of chief physician as election (elections) to a position (Article 17 of the Labor Code of the Russian Federation), elections by competition (Article 18 of the Labor Code of the Russian Federation), appointment to a position or approval in positions (Article 19 of the Labor Code of the Russian Federation).
Rules Art. 17 of the Labor Code of the Russian Federation are subject to application exclusively to officials, to whom the chief physician of a state or municipal health care institution can be classified due to the systematic interpretation of current legislation. A significant gap in the current labor legislation is that neither the Labor Code of the Russian Federation nor other legal norms in the field of labor, regulating labor relations between an official and his employer, contain a legal (legislative) definition of an official that could be applied for the purposes of labor legislation. Analyzing the concept of an official given in other normative acts, it is possible to define an official as a person who permanently, temporarily or by special authority performs the functions of a government representative or performs organizational, administrative, economic functions in state bodies, local governments, state and municipal institutions, with established terms of reference for the execution and provision of the powers of a given person, monetary support and responsibility for the performance of these duties.
It is significant for the situation being commented on that the performance of the labor function of a manager as a result of election (elections) to a position must be provided for by local regulations, which may include the charter of the institution. A number of authors who have paid attention to the analyzed problem believe that concluding an employment contract as a result of election (elections) to a position is possible only if there is an indication of such a possibility in special sectoral legislation regulating the activities of relevant organizations (for example, the possibility of concluding an employment contract with the rector of a higher educational institution institutions, since such a possibility is directly provided for by the Federal Law of August 22, 1996 N 125-FZ "On Higher and Postgraduate Professional Education", and the impossibility of concluding an employment contract as a result of election to a position with the chief physician, since there is a special indication on such a basis for concluding an employment contract agreement is not contained in the healthcare legislation). Such a position cannot be recognized as based on legislation, since the content of the commented Article 17 of the Labor Code of the Russian Federation does not at all make the possibility of concluding an employment contract with the head, in particular, of a healthcare institution, dependent on the settlement of this issue by a special (industry) legislation.
Thus, it should be recognized that the conclusion of an employment contract with the chief physician of a state or municipal health care institution as a result of election to this position from the point of view of legislation has no obstacles and requires an indication of this method of filling the position of the chief physician in the local regulations of the institution itself. However, from a practical point of view, talking about the application of Art. 17 of the Labor Code of the Russian Federation in the field of healthcare can mostly be applied to commercial clinics, and most of all to privatized medical enterprises with elements of labor collective management (which units) whose constituent documents are more mobile than the charters of state and municipal healthcare institutions, and whose owners and labor collectives This method is more often used to fill the position of chief physician.
Art. 18 of the Labor Code of the Russian Federation defines the peculiarities of the emergence of labor relations on the basis of an employment contract as a result of election by competition. The current labor legislation also does not contain restrictions or conditions that would prevent the conclusion of an employment contract with the chief physician in the specified manner. In addition, in practice, this form of filling a vacant position of chief physician is much more common than filling a position as a result of election(s). According to the text of the commented norm, labor relations on the basis of an employment contract as a result of election through competition to fill the corresponding position arise if the law, other regulatory legal act or charter (regulations) of the organization determines the list of positions to be filled through competition and the procedure for competitive election to these positions. From a practical point of view, this means that if such a procedure for filling the position of chief physician is directly indicated in the charter of a healthcare institution, as well as if there is a developed procedure for holding a competition in the same charter, the healthcare institution represented by the owner of the property, the relevant executive authority or other stipulated by the charter of the subject has the right to conclude an employment contract with the chief physician elected to this position as a result of a competition.
And finally, the most common procedure for filling the position of chief physician of a healthcare institution is the procedure defined by Art. 19 of the Labor Code of the Russian Federation, namely, appointment to a position or confirmation in a position. The legislator, as well as in the case of election by competition, as the only condition for concluding an employment contract in this manner, names an indication of the procedure for appointment to a position or confirmation in a position as the basis for concluding an employment contract in the law, other normative legal act or in the charter (regulations ) institutions. In practice, appointment to a position is a common hiring procedure for managers of healthcare institutions. Such an appointment is made, as a rule, by order of a person authorized by the owner of the institution’s property, based on the personal application of the candidate for the position; the order, in turn, is the basis for concluding an employment contract and making a corresponding entry in the employee’s work book. It should be added that confirmation in the position as a basis for concluding an employment contract is applied when the employee is already fulfilling his job duties (for example, confirmation in the position of chief physician of his deputy, who for some time acted as chief physician in connection with the dismissal of his predecessor).
The peculiarities of concluding an employment contract with the head of a healthcare institution should include the duration of the concluded employment contract. According to the general rule of labor legislation, in order to ensure the stability of the labor function, the conclusion of fixed-term employment contracts without a valid need is prohibited. However, an employment contract with the head of an institution falls into the category of exceptions to the general rule and can be concluded (and is almost always concluded) indicating the term of the employment contract. So, according to Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can be concluded at the initiative of the employer with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership.
According to the general procedure for concluding an employment contract with the head of an organization, such an employment contract is concluded for the period established by the constituent documents of the institution or by agreement of the parties. In practice, the most common procedure for determining the term of an employment contract is the agreement of the parties, since it is, of course, more mobile and subject to change than amending the Charter regarding the term of the employment contract with the head of a healthcare institution. In addition, the charters of many healthcare institutions, registered in the last 10 years, do not contain any provisions on the duration of the employment contract with the chief physician or other manager. Most often, the term of the employment contract is determined by the employer himself and is imperatively proposed as an essential condition of the employment contract when it is signed by the employee, however, when interpreting such an employment contract, as well as in the event of a dispute, the term of the employment contract in this case will be based on a certain agreement of the parties.
As a rule, the term of an employment contract concluded with the chief physician of a healthcare institution is one year (mostly), three years or five years, as well as other terms established by agreement of the parties. It should be noted that the legislation does not establish the specific term of the employment contract as a mandatory condition of the employment contract with the manager. In other words, an employment contract with the chief physician of a healthcare institution can be concluded for an indefinite period, which is noted in the text of the contract itself. In addition, according to the general rule on fixed-term employment contracts, which is also valid in relation to the problem under consideration, if none of the parties demanded termination of the fixed-term employment contract due to the expiration of its term, and the manager continues to work in his position after the expiration of the employment term contract, the employment contract is considered to be concluded for an indefinite period.
The legislator separately and very strictly regulated the possibility and features of the part-time work of the head of an institution: according to Art. 276 of the Labor Code of the Russian Federation, the head of an institution can hold paid positions in other enterprises, institutions, organizations only with the permission of the authorized body of a legal entity or the owner of the institution’s property, or a person (body) authorized by the owner. The head of an institution cannot be a member of the bodies performing the functions of supervision and control in this institution. Such restrictions are due to the specific nature of the manager’s work and are aimed at preventing possible abuses and separating executive and supervisory functions in a particular institution.
But the specificity of the legal status of the head of a healthcare institution is most fully expressed in the legislative regulation of the procedure for dismissing such an employee.
As you know, the general procedure for terminating an employment contract provides for several grounds for termination and certain features for each of the grounds.
According to Art. 77 of the Labor Code of the Russian Federation, the grounds for termination of an employment contract common to all categories of employees are:

1) agreement of the parties;
2) expiration of the employment contract, except for cases where the employment relationship actually continues and neither party has demanded its termination;
3) termination of the employment contract at the initiative of the employee. In this case, you should especially pay attention to the special rule of Article 280 of the Labor Code of the Russian Federation, according to which the head of an institution has the right to terminate an employment contract early by notifying the employer (the owner of the organization’s property, his representative) in writing no later than one month in advance. This rule (or rather, it should be called an exception) contains an exception from the general rule of Part 1 of Art. 80 of the Labor Code of the Russian Federation, according to which the employee is obliged to notify the employer of termination of the employment contract on his own initiative at least two weeks in advance;
4) termination of an employment contract at the initiative of the employer (liquidation of the organization or termination of activities by the employer - an individual; reduction in the number or staff of the organization's employees; inconsistency of the employee with the position held or the work performed due to health conditions in accordance with a medical report or insufficient qualifications confirmed by certification results; change the owner of the organization's property (in relation to the head of the organization, his deputies and the chief accountant); repeated failure by an employee to fulfill labor duties without good reason, if he has a disciplinary sanction; a single gross violation of labor duties by an employee); the commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer; the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work; adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization; a single gross violation by the head of the organization (branch, representative office), or his deputies of their labor duties; the employee submits false documents or knowingly false information to the employer when concluding an employment contract; termination of access to state secrets if the work performed requires access to state secrets; if there are other grounds provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization; in other cases established by the Labor Code of the Russian Federation and other federal laws.
5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization;
7) the employee’s refusal to continue working due to a change in the essential terms of the employment contract;
8) the employee’s refusal to transfer to another job due to health conditions in accordance with a medical report;
9) the employee’s refusal to transfer due to the employer’s relocation to another location;
10) circumstances beyond the control of the parties (conscription of an employee into military service or sending him to an alternative civil service replacing it; reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court; failure to be elected to a position; conviction of an employee to punishment precluding the continuation of previous work, in accordance with a court verdict that has entered into legal force; recognition of the employee as completely disabled in accordance with a medical report; death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing ; the occurrence of emergency circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant constituent entity of the Russian Federation;
11) violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work;
12) other grounds provided for by the Labor Code of the Russian Federation and other federal laws.
Meanwhile, for the head of institutions, enterprises, organizations (including healthcare institutions), the legislation provides for a number of additional grounds for terminating an employment contract.
Thus, Article 278 of the Labor Code of the Russian Federation, in addition to the grounds provided for by the Labor Code and indicated above, specifies as grounds for termination of an employment contract with the head of a healthcare institution:
removal from office of the head of the debtor institution in accordance with insolvency (bankruptcy) legislation;
in connection with the adoption by the authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner of a decision on the early termination of the employment contract;
on other grounds provided for in the employment contract.

Termination of an employment contract under clause 1 of Art. 278 of the Labor Code of the Russian Federation in connection with the removal from office of the head of the debtor institution in accordance with the legislation on insolvency (bankruptcy) in relation to the chief doctors of healthcare institutions currently has no practical application, despite the fact that the legislation on insolvency (bankruptcy) is sufficiently in force for a long time and judicial practice in this area has already developed. The lack of practical application of this norm is explained by the fact that the practice of recognizing state and municipal healthcare institutions as insolvent (bankrupt) in the Russian Federation is also absent. However, this does not mean that the application of this norm is impossible in the future, since the nature of the reform of the healthcare system does not allow us to confidently state that the institution of bankruptcy will not extend to social sector institutions. It remains to add that the termination of the employment contract in this case is carried out after the decision of the arbitration court on the insolvency (bankruptcy) of the enterprise (institution) enters into legal force.
Practical application of clause 2 of Art. 278 of the Labor Code of the Russian Federation (that is, termination of an employment contract in connection with the adoption by an authorized body of a legal entity, either the owner of the organization’s property, or a person (body) authorized by the owner of a decision on early termination of the employment contract) caused lively discussions among both practitioners and labor law theorists ; the discussion was moved to the courtrooms, and currently many disputes between the opposing parties are resolved in the act of interpretation of the current legislation - Resolution of the Constitutional Court of the Russian Federation of March 15, 2005 No. 3-P “In the case of verifying the constitutionality of the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation and paragraph two of paragraph 4 of Article 69 of the Federal Law “On Joint Stock Companies” in connection with requests from the Volkhov City Court of the Leningrad Region, the Oktyabrsky District Court of the city of Stavropol and complaints from a number of citizens.”
In the said Resolution, the Constitutional Court analyzed the compliance of the norm with Part 2 of Art. 278 of the Labor Code of the Russian Federation of the current Constitution of the Russian Federation and as a result of such a check came to a number of conclusions, the importance of which for law enforcement practice is difficult to overestimate. Studying the Resolution makes it possible to verify that the employer’s powers to dismiss the head of a health care institution are so broad that almost every chief doctor can be dismissed on the specified basis if the dismissal procedure is followed, and the rights of the judiciary to reinstate him at work are quite limited, since the Constitutional Court has explained what exactly those rights are. the limits of the judicial investigation of the circumstances of dismissal, limiting them exclusively to the study of the dismissal procedure: since justification of the motives for early termination of the employment contract is not required, the court is authorized to evaluate only the compliance by the owner of the organization’s property or his authorized person (body) with the procedure for terminating the employment contract, but not its validity. Thus, the court must check whether the order to dismiss the head of the institution was issued by an authorized body vested by the owner with the appropriate powers to dismiss this manager, whether the dismissal was agreed upon with the relevant management body (department, committee, department, health department), with the body exercising the powers of the owner ( committee, department, department for the management of city, municipal property), whether the procedure for familiarizing the manager with the dismissal order was followed, whether the payment was made to the employee on time and in full, whether the work book was issued on time (in this case, the calculation was incorrect or the delay in issuing the work book books are not in themselves grounds for declaring dismissal illegal). It should be emphasized once again that the court does not have the authority to find out the motives and reasons for the dismissal of a manager; if a decision is made to reinstate the employee at work due to the court recognizing illegal and (or) unfounded motives for dismissal (if they are clarified), such a decision is subject to cancellation in cassation proceedings.
It should be noted that the wording of Art. 279 of the Labor Code of the Russian Federation indicates the right of the employer to terminate the employment contract with the chief physician even in the absence of any guilty actions (inaction) on his part. The original text of Art. 279 of the Labor Code of the Russian Federation required the employer, in the absence of guilty actions of the head of the institution as a reason for dismissal, to only pay the latter compensation for early termination of the employment contract with him in the amount determined by the employment contract. The said Resolution of the Constitutional Court of the Russian Federation of March 15, 2005 N 3-P recognized Article 279 of the Labor Code of the Russian Federation as inconsistent with the Constitution of the Russian Federation to the extent that it, without establishing a guaranteed minimum amount of compensation due to the head of an institution in this case, allows for early termination him of an employment contract without payment of fair compensation. In practice, this means that the chief physician of a healthcare institution, upon termination of an employment contract with him under clause 2 of Art. 278 of the Labor Code of the Russian Federation, monetary compensation is paid in the amount of the average salary for at least two months. At the same time, a larger amount of compensation may be stipulated in the employment contract.
The Constitutional Court of the Russian Federation explained the possibility of unmotivated dismissal of the head of an institution, even in the absence of guilty actions (inaction) on his part, by the special powers of the owner of the organization’s property, which allow him, in order to achieve maximum efficiency of economic activity and rational use of property, to independently, under his own responsibility, appoint (select) the manager who is entrusted with the management of the established institution, property owned by the owner, ensuring its integrity and safety, and terminate the employment contract with him.
The federal legislator, without imposing on the owner, in addition to the general rules of termination of an employment contract with an employee at the initiative of the employer, the obligation to indicate the reasons for the dismissal of the head of the organization on the grounds provided for in paragraph 2 of Article 278 of the Labor Code of the Russian Federation, does not consider the termination of an employment contract on this basis as measures of legal liability, since it is based on the fact that dismissal in this case is not caused by the unlawful behavior of the manager, in contrast to the termination of an employment contract with the head of an institution on grounds related to his committing guilty actions (inaction). Thus, early termination of an employment contract with a manager may be required in connection with a change in the position of the owner of the institution’s property as a participant in civil legal relations for reasons for which it is impossible to establish an exhaustive list in advance, or with a change in the development strategy, or in order to increase the efficiency of the institution’s management, etc.
Dismissal for committing guilty actions (inaction) cannot be carried out without indicating specific facts indicating the unlawful behavior of the manager, his guilt, without observing the procedure established by law for applying this measure of responsibility, which in the event of a dispute is subject to judicial review. Otherwise, it would conflict with the general principles of legal responsibility in a rule-of-law state arising from Articles 1, 19 and 55 of the Constitution of the Russian Federation.
In conclusion, it should be noted that the current Russian labor legislation allows the employee and the employer, when concluding an employment contract with the head of an institution, to provide in the employment contract additional grounds for dismissal, which will be grounds for termination of the employment contract under clause 3 of Art. 278 of the Labor Code of the Russian Federation with an entry in the work book with reference to the specified norm.

1. Resolution of the Constitutional Court of the Russian Federation of March 15, 2005 N 3-P

“In the case of verifying the constitutionality of the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation and the second paragraph of paragraph 4 of Article 69 of the Federal Law “On Joint Stock Companies” in connection with requests from the Volkhov City Court of the Leningrad Region, the Oktyabrsky District Court of the city of Stavropol and complaints from a number of citizens"

In the name of the Russian Federation

The Constitutional Court of the Russian Federation, composed of presiding N.V. Seleznev, judges M.V. Baglaya, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, V.D. Zorkina, S.M. Kazantseva, M.I. Cleandrova, O.S. Khokhryakova,

with the participation of Judge A.G. of the Volkhov City Court of the Leningrad Region. Bogdanov, judge of the Oktyabrsky District Court of Stavropol V.Yu. Shishova, citizens of L.A. Elfimova, N.L. Ignatieva, Z.L. Kovrizhnykh, G.A. Kolosova, citizen V.D. Kodyrkova and her representative - lawyer A.N. Mashtakova, citizen V.I. Koptelov and his representative - Doctor of Law V.I. Mironov, permanent representative of the State Duma in the Constitutional Court of the Russian Federation E.B. Mizulina, representative of the Federation Council - Doctor of Law E.V. Vinogradova, Plenipotentiary Representative of the President of the Russian Federation in the Constitutional Court of the Russian Federation M.A. Mityukova,
guided by Article 125 (part 4) of the Constitution of the Russian Federation, paragraph 3 of part one, parts three and four of Article 3, paragraph 3 of part two of Article 22, articles 36, 74, 86, 96, 97, 99, 101, 102 and 104 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation",
considered in an open meeting the case on checking the constitutionality of the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation and the second paragraph of paragraph 4 of Article 69 of the Federal Law “On Joint-Stock Companies”.

The reason for considering the case was requests from the Volkhov City Court of the Leningrad Region and the Oktyabrsky District Court of the city of Stavropol, complaints from citizens A.Yu. Golikova, B.A. Gromkova, I.Kh. Dzybova, L.A. Elfimova, N.K. Emelyanova, A.N. Zhurbenko, N.L. Ignatieva, Z.L. Kovrizhnykh, V.D. Kodyrkova, G.A. Kolosova, V.I. Koptelova and N.P. Martynov, in which the constitutionality of the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation, as well as paragraph three of paragraph 3 and paragraphs of the first, second and third paragraph 4 of Article 69 of the Federal Law of December 26, 1995 “On Joint-Stock Companies” (in edition dated August 7, 2001). The basis for considering the case was the revealed uncertainty regarding the question of whether the legal provisions challenged by the applicants comply with the Constitution of the Russian Federation.
Considering that the requests of the courts and the complaints of citizens relate to the same subject, the Constitutional Court of the Russian Federation, guided by Article 48 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", combined the cases on these appeals in one proceeding.
Having heard the report of the judge-rapporteur O.S. Khokhryakova, explanations of the parties and their representatives, speeches of representatives invited to the meeting: from the Ministry of Health and Social Development of the Russian Federation - M.A. Kovalevsky, from the Federal Service for Labor and Employment - I.I. Shklovets, having examined the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. Chapter 43 of the Labor Code of the Russian Federation, put into effect on February 1, 2002, establishing the specifics of regulating the work of the head of an organization, establishes in Article 278 additional, in addition to those provided for by this Code and other federal laws, grounds for terminating an employment contract with him. In particular, in accordance with paragraph 2 of Article 278, an employment contract with the head of an organization can be terminated in connection with the adoption by an authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner of a decision on early termination of the employment contract. In the event of termination of an employment contract with the head of an organization before its expiration by a decision of the authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner in the absence of guilty actions (inaction) of the head, in accordance with Article 279, he is paid compensation for early termination with him an employment contract in the amount determined by the employment contract.
The Federal Law “On Joint Stock Companies” regulates the activities of this type of organization such as joint stock companies, establishing that the effect of the labor legislation of the Russian Federation on the relationship between the joint stock company and the sole executive body of the company (director, general director) and (or) members of the collegial executive body of the company (board, directorate) applies to the extent that does not contradict the provisions of this Federal Law (paragraph three of clause 3 of Article 69), secures the right of the general meeting of the joint-stock company (board of directors or supervisory board) in the event that the formation of executive bodies is classified by the company’s charter as its competence, at any time, make a decision on the early termination of the powers of the sole executive body of the company (director, general director), members of the collegial executive body of the company (board, directorate) and on the formation of new executive bodies (clause 4 of Article 69).
1.1. The Volkhov City Court of the Leningrad Region is considering a case brought by citizen K.V. Ustinov to the municipal institution of additional education, culture and sports IDC "Staraya Ladoga" for reinstatement at work, payment for forced absence and compensation for moral damage. K.V. Ustinov, who had been working as the director of this institution since November 1998, was dismissed without payment of compensation by order of the head of the department of organizing leisure activities for the population of the administration of the municipal formation "Volkhovsky District", issued in pursuance of the order of the acting head of the administration of the specified municipal formation dated October 9, 2002 on termination with the plaintiff of the employment contract on the basis provided for in paragraph 2 of Article 278 of the Labor Code of the Russian Federation, in connection with his unsatisfactory work.
A similar case was filed by citizen V.N. Ermakov to the health department and the municipal property management committee of the Stavropol city administration for reinstatement at work, payment for forced absence and compensation for moral damage is being processed by the Oktyabrsky District Court of the city of Stavropol. By order of the health department of the Stavropol city administration dated October 3, 2003, V.N. Ermakov was dismissed without specifying motives from the position of chief physician of the municipal health care institution "City Dental Clinic" on the basis of paragraph 2 of Article 278 of the Labor Code of the Russian Federation, while in accordance with Article 279 of this Code he was paid compensation in the amount of two average monthly earnings.
Having concluded that the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation do not comply with the Constitution of the Russian Federation, the Volkhov City Court of the Leningrad Region and the Oktyabrsky District Court of the City of Stavropol suspended the proceedings in these cases and sent requests to the Constitutional Court of the Russian Federation on checking the constitutionality of these legal provisions.
The constitutionality of paragraph 2 of Article 278 of the Labor Code of the Russian Federation is also disputed in complaints from citizens A.Yu. Golikova, B.A. Gromkova, I.Kh. Dzybova, L.A. Elfimova, N.K. Emelyanova, A.N. Zhurbenko, N.L. Ignatieva, Z.L. Kovrizhnykh, V.D. Kodyrkova, G.A. Kolosova, V.I. Koptelova and N.P. Martynov, dismissed on the grounds provided for by him from the positions of heads of organizations of different organizational and legal forms, with or without payment of compensation. Refusing to satisfy their claims for recognition of the dismissal as illegal and reinstatement, the courts of general jurisdiction referred to the fact that when dismissing the head of an organization in accordance with paragraph 2 of Article 278 of the Labor Code of the Russian Federation, substantiation of the motives for early termination of the employment contract with him is not required, but therefore, the court is authorized to evaluate only the compliance by the owner of the organization’s property or a person (body) authorized by him with the procedure for terminating the employment contract, but not its validity; since in these cases this procedure was not violated, the dismissals cannot be considered illegal.
Citizen A.N. Zhurbenko, in his complaint to the Constitutional Court of the Russian Federation, asks to check, in addition, the constitutionality of Article 279 of the Labor Code of the Russian Federation, and citizen G.A. Kolosov - the constitutionality of the third paragraph of paragraph 3 and the first, second and third paragraphs of paragraph 4 of Article 69 of the Federal Law “On Joint-Stock Companies”.

1.2. The applicants claim that the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation, paragraph three of paragraph 3 and paragraphs of the first, second and third paragraph 4 of Article 69 of the Federal Law "On Joint Stock Companies" contradict Articles 1 (Part 1), 2, 6 (part 2), 7 (part 1), 15 (part 1), 17 (parts 1 and 2), 19 (parts 1 and 2), 21 (part 1), 34 (part 1), 37 (parts 1 and 3), 46 (part 1), 54 (part 1) and 55 (parts 2 and 3) of the Constitution of the Russian Federation, and provide the following arguments in support of their position.
Giving the owner of the organization's property complete freedom of discretion when deciding on the dismissal of its head is an unacceptable restriction of the freedom of labor guaranteed by the Constitution of the Russian Federation, the right of everyone to freely dispose of their abilities to work, to choose their type of activity and profession, and the right to protection from unemployment; The contested norms, which allow termination of employment relations with the head of an organization without specifying specific motives for such a decision, are discriminatory in nature, degrade the dignity of the individual, deprive these persons of guarantees of protection from arbitrariness on the part of the employer, and place them in an unequal position compared to other employees, including including before the court, depriving them of the opportunity to challenge the validity of the dismissal, which unlawfully limits the right of this category of workers to judicial protection.
In addition, the contested regulation also conflicts with the requirements of international legal acts that prohibit discrimination in the world of labor in any form, including depending on official position, and establish guarantees for workers upon termination of employment at the initiative of the entrepreneur (ILO Convention No. 158 of 1982 on the termination of employment relations at the initiative of the entrepreneur, European Social Charter, Charter of Social Rights and Guarantees of Citizens of Independent States, approved by a resolution of the Interparliamentary Assembly of Member States of the Commonwealth of Independent States).
A number of applicants in the present case also associate the violation of constitutional rights and freedoms by the contested legal provisions with the fact that law enforcement agencies unlawfully extend them to the heads of organizations with which the employment contract was concluded before the entry into force of the Labor Code of the Russian Federation, i.e. during the period when the dismissal of the head of the organization without justification of motives was not allowed, and for managers whose employment contract does not indicate its validity period.

1.3. According to Articles 96 and 97 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation,” the Constitutional Court of the Russian Federation, upon a citizen’s complaint, verifies the constitutionality of the law or its individual provisions only to the extent that they were applied in the applicant’s case.
Represented by citizen G.A. Kolosov, the materials indicate that the termination of the employment contract with him as the general director of Airport-Anapa OJSC was carried out in accordance with the company's charter by decision of the board of directors, i.e. on the basis of paragraph two of paragraph 4 of Article 69 of the Federal Law “On Joint Stock Companies”. Consequently, the provisions of paragraph three of paragraph 3 and paragraphs of the first and third paragraph 4 of this article were not applied in his case, and therefore are not subject to verification by the Constitutional Court of the Russian Federation on this complaint.

1.4. Thus, the subject of consideration in the present case is the interrelated regulatory provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation and the second paragraph of paragraph 4 of Article 69 of the Federal Law "On Joint Stock Companies", governing the early termination of an employment contract with the head of an organization in connection with the adoption an authorized body of a legal entity, including the board of directors (supervisory board) of a joint-stock company, or the owner of the organization’s property, or a person (body) authorized by the owner of a decision on the early termination of an employment contract with him.
At the same time, by virtue of part two of Article 74 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, the Constitutional Court of the Russian Federation, when deciding on a case, evaluates both the literal meaning of the contested norms and the meaning given to them by established law enforcement practice, and also based on their place in the system of legal norms.

2. According to the Constitution of the Russian Federation, labor is free; Everyone has the right to freely manage their ability to work, choose their type of activity and profession, as well as the right to protection from unemployment (Article 37, parts 1 and 3). Of these constitutional provisions, as noted by the Constitutional Court of the Russian Federation in its decisions, in particular in Resolution No. 19-P of December 27, 1999 in the case of verifying the constitutionality of the provisions of paragraph 3 of Article 20 of the Federal Law "On Higher and Postgraduate Professional Education", not However, it follows neither the subjective right of a person to occupy a certain position, to perform specific work in accordance with his chosen type of activity and profession, nor the obligation of anyone to provide such work or position to him - freedom of labor in the sphere of labor relations is manifested primarily in the contractual nature of labor, the freedom of the employment contract.
The provisions of Article 37 of the Constitution of the Russian Federation, stipulating the freedom of the employment contract, the right of the employee and the employer by agreement to resolve issues related to the emergence, change and termination of labor relations, predetermine the obligation of the state to ensure fair conditions of hiring and dismissal, including adequate protection of rights and the legitimate interests of the employee, as the economically weaker party in the labor relationship, upon termination of the employment contract at the initiative of the employer, which is consistent with the main goals of the legal regulation of labor in the Russian Federation as a social legal state (Article 1, Part 1; Articles 2 and 7 of the Constitution of the Russian Federation Federation).
At the same time, the Constitution of the Russian Federation, its Article 19, while guaranteeing equality of rights and freedoms of man and citizen, as well as prohibiting any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation, does not interfere with the federal legislator - when implementing on the basis of it Articles 71 (clause "c"), 72 (clause "k" of part 1) and 76 (parts 1 and 2) regulation and protection of human and civil rights and freedoms in the field of labor and employment, determining their main content, as well as guarantees of implementation - establish differences in the legal status of persons belonging to categories of different conditions and types of activity, including introducing special rules regarding the termination of labor relations with them, if these differences are justified and justified and correspond to constitutionally significant goals.

3. As one of the foundations of the constitutional system of the Russian Federation, the Constitution of the Russian Federation enshrines freedom of economic activity, support for competition, recognition and protection equally of private, state, municipal and other forms of property (Article 8). The principle of economic freedom predetermines the main content of such rights enshrined in the Constitution of the Russian Federation, such as the right of everyone to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law (Article 34, part 1), as well as the right of everyone to own property, own , use and dispose of it both individually and jointly with other persons (Article 35, part 2).
By implementing these constitutional rights, citizens independently determine the scope of their economic activity, carry out it individually or jointly with other persons, in particular by creating a commercial organization as a form of collective entrepreneurship, choose an economic strategy for business development, using their property, taking into account constitutional guarantees of property rights and state support for fair competition (Resolution of the Constitutional Court of the Russian Federation of February 24, 2004 No. 3-P in the case of verifying the constitutionality of certain provisions of Articles 74 and 77 of the Federal Law “On Joint-Stock Companies”).
This involves vesting the owner of the organization’s property with specific powers, allowing him, in order to achieve maximum efficiency of economic activity and rational use of property, independently, under his own responsibility, to appoint (select) a manager who is entrusted with managing the created organization, the property belonging to the owner, ensuring its integrity and safety, and terminate the employment contract with him. However, the federal legislator, within the framework of appropriate regulation, must ensure - by virtue of the requirements of Articles 1 (Part 1), 7 (Part 1), 8 (Part 1), 17 (Part 3), 19 (Parts 1 and 2), 34 (Part 1 ), 35 (part 2), 37 and 55 (part 3) of the Constitution of the Russian Federation - a balance of constitutional rights and freedoms, fair coordination of the rights and legitimate interests of the parties in an employment contract, which is a necessary condition for the harmonization of labor relations in the Russian Federation as a social legal state.

4. The legal status of the head of the organization (rights, obligations, responsibilities) differs significantly from the status of other employees, which is due to the specifics of his work activity, place and role in the management mechanism of the organization: he manages the organization, including performing the functions of its sole executive body, performs legally significant actions on behalf of the organization (Article 273 of the Labor Code of the Russian Federation; paragraph 1 of Article 53 of the Civil Code of the Russian Federation). By virtue of the concluded employment contract, the head of the organization, in the prescribed manner, exercises the rights and obligations of a legal entity as a participant in civil circulation, including the powers of the owner to own, use and dispose of the organization’s property, as well as the rights and obligations of the employer in labor and other directly related to labor , relations with employees, organizes the management of the production process and joint labor.
Speaking on behalf of the organization, the manager must act in its interests in good faith and reasonably (clause 3 of Article 53 of the Civil Code of the Russian Federation). The quality of the manager’s work largely determines the compliance of the organization’s results with the goals for which it was created, the safety of its property, and often the very existence of the organization. In addition, the powers to manage property vested in the manager and the requirements placed on him in connection with this presuppose, as one of the necessary conditions for successful cooperation between the owner and the person managing his property, the presence of trust in the relationship between them.
Therefore, the federal legislator has the right, based on the objectively existing characteristics of the nature and content of the work of the head of the organization, the labor function he performs, to provide for special rules for terminating an employment contract with him, which cannot be regarded as a violation of the right of everyone to freely dispose of their abilities to work, choose the type of activity and profession (Article 37, Part 1, of the Constitution of the Russian Federation) or as a violation of the equality of all before the law and the court and the equality of rights and freedoms of man and citizen guaranteed by Article 19 of the Constitution of the Russian Federation. The restrictions on the labor rights of the head of the organization introduced by virtue of Article 55 (Part 3) of the Constitution of the Russian Federation must be necessary and proportionate to constitutionally significant goals.

4.1. Within the meaning of the provisions of paragraph 2 of Article 278 of the Labor Code of the Russian Federation and the second paragraph of paragraph 4 of Article 69 of the Federal Law "On Joint Stock Companies" in their relationship with Article 81 and paragraphs 1 and 3 of Article 278 of the Labor Code of the Russian Federation, upon termination of the employment contract with the head of the organization by decision of the authorized body of a legal entity, including the board of directors (supervisory board) of a joint-stock company, or the owner of the organization’s property, or a person or body authorized by the owner (hereinafter referred to as the owner), it is not required to indicate certain specific circumstances confirming the need to terminate the employment contract.
The federal legislator, without imposing on the owner, in addition to the general rules of termination of an employment contract with an employee at the initiative of the employer, the obligation to indicate the reasons for the dismissal of the head of the organization on the basis provided for in paragraph 2 of Article 278 of the Labor Code of the Russian Federation, does not consider the termination of an employment contract on this basis in as a measure of legal liability, since it is based on the fact that dismissal in this case is not caused by the unlawful behavior of the manager, in contrast to the termination of an employment contract with the head of the organization on grounds related to his committing guilty actions (inaction). Dismissal for committing guilty actions (inaction) cannot be carried out without indicating specific facts indicating the unlawful behavior of the manager, his guilt, without observing the procedure established by law for applying this measure of responsibility, which in the event of a dispute is subject to judicial review. Otherwise, it would conflict with the general principles of legal responsibility in a rule-of-law state arising from Articles 1, 19 and 55 of the Constitution of the Russian Federation.
The introduction of the considered grounds for terminating an employment contract with the head of an organization is due to the possibility of such circumstances arising that, in order to implement and protect the rights and legitimate interests of the owner, necessitate terminating the employment contract with the head of the organization, but do not fall under the specific grounds for terminating an employment contract at the initiative of the employer, provided for by the current legislation (for example, clauses 1-12 of part one of Article 81, clause 1 of Article 278 of the Labor Code of the Russian Federation) or the terms of the employment contract concluded with the manager (clause 3 of Article 278 of the Labor Code of the Russian Federation). Thus, early termination of an employment contract with a manager may be required in connection with a change in the position of the owner of the organization’s property as a participant in civil legal relations for reasons that are impossible to establish an exhaustive list of in advance, or with a change in the business development strategy, or in order to increase the efficiency of management of the organization, etc. .
Consequently, the enshrinement in paragraph 2 of Article 278 of the Labor Code of the Russian Federation and paragraph two of paragraph 4 of Article 69 of the Federal Law “On Joint-Stock Companies” the owner’s right to terminate the employment contract with the head of the organization who manages his property, without justifying the need to make such a decision, is aimed at realizing and protecting the owner’s rights to own, use and dispose of his property, including determining ways to manage it individually or jointly with other persons, freely using his property to carry out business and other economic activities not prohibited by law, i.e. established by the legislator for constitutionally significant purposes.

4.2. Granting the owner the right to decide on early termination of an employment contract with the head of the organization - by virtue of Articles 1 (Part 1), 7 (Part 1), 8 (Part 1), 17 (Part 3), 19 (Parts 1 and 2), 34 (part 1), 35 (part 2), 37 and 55 (part 3) of the Constitution of the Russian Federation - implies, in turn, providing the latter with adequate legal guarantees of protection from the negative consequences that may occur for him as a result of loss of work, from possible arbitrariness and discrimination.
Such guarantees include the payment of compensation provided for in Article 279 of the Labor Code of the Russian Federation for early termination of an employment contract with the head of the organization in the amount determined by the employment contract. Within the meaning of the provisions of this article in conjunction with the provisions of Article 278 of the Labor Code of the Russian Federation, payment of compensation is a necessary condition for the early termination of an employment contract with the head of the organization in this case.
The legislator does not establish a specific amount of compensation and does not limit it to any limit - the amount of compensation is determined by the employment contract, i.e. by agreement of the parties. Based on the intended purpose of this payment - to compensate the dismissed person to the maximum extent for the adverse consequences caused by the loss of a job, the amount of compensation can be determined taking into account the time remaining until the expiration of the employment contract, those amounts (wages) that the dismissed person could receive by continuing work as the head of an organization, additional expenses that he may have to incur as a result of early termination of the contract, etc.
The absence in the employment contract of a condition on the payment of compensation and its amount, in particular for the reason that the contract was concluded before the entry into force of the Labor Code of the Russian Federation, and the necessary changes were not made to it, does not relieve the owner from the obligation to pay compensation (due to Part two of Article 424 of the Labor Code of the Russian Federation, which establishes the rules for applying the norms of this Code to legal relations that arose before its entry into force, an employment contract with the head of an organization can be terminated in accordance with paragraph 2 of Article 278 even if it was concluded before February 1, 2002). However, the issue of the amount of compensation, as follows from Article 279 of the Labor Code of the Russian Federation, is decided by agreement of the parties, and not by the owner unilaterally, and, therefore, the amounts to be paid must be determined by agreement between the head of the organization and the owner, and in the case the emergence of a dispute - by court decision, taking into account the factual circumstances of a particular case, the purpose and purpose of this payment. Compliance with the requirement to pay fair compensation to the head of the organization upon dismissal on the basis of paragraph 2 of Article 278 of the Labor Code of the Russian Federation must be ensured regardless of whether the employment contract concluded before the entry into force of the Labor Code of the Russian Federation provided for compensation in connection with dismissal on other grounds .
A citizen who freely expresses his will to occupy the position of head of an organization has a legislatively enshrined opportunity (Article 57 of the Labor Code of the Russian Federation) to stipulate in the employment contract, in addition to the amount of compensation, the procedure for its early termination. In particular, by agreement of the parties, an employment contract may establish a notice period for dismissal on the grounds provided for in paragraph 2 of Article 278 of the Labor Code of the Russian Federation. In addition, due to the discretionary nature of the power granted to the owner by this norm, the possibility of fixing specific conditions for its application in the employment contract is not excluded.

4.3. Legislative consolidation of the right to early terminate an employment contract with the head of an organization without specifying the reasons for dismissal does not mean that the owner has unlimited discretion when making such a decision, has the right to act arbitrarily, contrary to the purposes of granting this authority, without taking into account the legitimate interests of the organization, and the head of the organization is deprived guarantees of judicial protection against possible arbitrariness and discrimination.
The general legal principle of the inadmissibility of abuse of law, as well as the prohibition of discrimination in the exercise of rights and freedoms, including the prohibition of any forms of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation (Article 17, Part 3; Article 19 of the Constitution of the Russian Federation), in fully apply to the sphere of labor relations, defining the limits of the discretionary powers of the owner.
The provisions of paragraph 2 of Article 278, Article 279 of the Labor Code of the Russian Federation and paragraph two of paragraph 4 of Article 69 of the Federal Law “On Joint Stock Companies” do not interfere with the head of the organization if he believes that the owner’s decision to early terminate the employment contract with him is actually due to such circumstances, which indicate discrimination, abuse of the right to challenge dismissal in court. When the court, based on an investigation of all the circumstances of a particular case, establishes the relevant facts, his violated rights are subject to restoration.

4.4. Providing the owner with the opportunity, without indicating the reasons for his decision, to terminate the employment contract with the head of the organization early, while paying him fair compensation, the amount of which is determined by the employment contract, i.e. by agreement of the parties, and in case of a dispute - by a court decision, cannot be considered - based on the peculiarities of the legal status of the head of the organization and significant differences in the nature and content of his work activity in comparison with other employees, as well as the purpose of securing this authority - as not having an objective and reasonable justification and, therefore, excessive restriction of the rights and freedoms of persons holding the position of head of an organization, incompatible with the requirements of Articles 19 (parts 1 and 2), 37 (parts 1 and 3) and 55 (part 3) of the Constitution of the Russian Federation. Likewise, it cannot be regarded as inconsistent with the requirements of international legal acts ratified by the Russian Federation prohibiting discrimination in the field of labor and occupation.
Thus, the interrelated regulatory provisions of paragraph 2 of Article 278 of the Labor Code of the Russian Federation and paragraph two of paragraph 4 of Article 69 of the Federal Law “On Joint-Stock Companies”, allowing for the possibility of terminating an employment contract with the head of an organization by decision of the owner without indicating the reasons for such a decision, do not contradict the Constitution of the Russian Federation, since in its constitutional and legal meaning in the system of current legal regulation it is assumed that termination of an employment contract with the head of an organization in this case is not a measure of legal liability and is not allowed without paying him fair compensation, the amount of which is determined by the employment contract, i.e. . by agreement of the parties, and in case of a dispute - by a court decision.

5. Article 279 of the Labor Code of the Russian Federation, while giving the parties to an employment contract the right to determine the amount of compensation paid to the head of an organization in the event of early termination of an employment contract with him, does not fix its minimum amount, which is interpreted in law enforcement practice, judging by the materials of this case, as legal the ability to establish compensation in an amount that does not correspond to the purpose of this payment (despite the fact that for a person applying for the position of manager, it can be difficult to agree on the inclusion in the employment contract of the most favorable conditions for himself due to objective and subjective circumstances, such as competition in the labor market, the nature and goals of the activities of a legal entity, its organizational and legal form), or not establish it at all and therefore not pay.
Based on the purpose of compensation, the absence in Article 279 of the Labor Code of the Russian Federation of an indication of the minimum amount of this payment, which essentially means the deprivation of the head of the organization upon dismissal on the grounds provided for in paragraph 2 of Article 278 of the Labor Code of the Russian Federation, of a legally established guarantee, leads to a disproportionate limitation the right of everyone to freely choose their type of activity and profession, the right to protection from unemployment, other related rights and freedoms of man and citizen, to the violation of equality in the exercise of labor rights, the balance of rights and legitimate interests of the parties to the employment contract, which is contrary to Article 17 ( part 3), 19 (parts 1 and 2), 21 (part 1), 37 (parts 1 and 3) and 55 (part 3) of the Constitution of the Russian Federation.
Meanwhile, early termination of an employment contract with the head of an organization without indicating, as an exception to the general rules, the reasons for such a decision, requires the provision of increased compensation to him, and its minimum amount should be comparable to the payments provided for by current legislation for similar situations of termination of an employment contract with the head of an organization for circumstances beyond his control, and in any case it cannot be less than in the case of termination of an employment contract due to a change in the owner of the organization (Article 181 of the Labor Code of the Russian Federation).

6. Citizen V.N. Zhurbenko, the applicant in the present case, argues that paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation, which speak of “early” termination of an employment contract with the head of an organization, in the sense given to them by law enforcement practice, also apply to the heads of organizations that have entered into an employment contract for an indefinite period, which violates their constitutional rights and freedoms.
The actual meaning of these provisions cannot be revealed without taking into account their systemic connection with other provisions of the Labor Code of the Russian Federation, especially the first part of its Article 275, according to which an employment contract with the head of an organization is concluded for a period established by the constituent documents of the organization or by agreement of the parties. This rule, in turn, is formulated in accordance with the rules for the creation of executive bodies of a legal entity, providing that these bodies are formed for the period established by the constituent documents.
Thus, the legislator, defining in the Labor Code of the Russian Federation the features of labor regulation of the head of an organization, proceeds from the fact that, as a general rule, a fixed-term employment contract is concluded with him, as a person performing the functions of its sole executive body (Article 273). This is also evidenced by the regulations of other regulatory legal acts concerning the legal status of the executive bodies of organizations of certain organizational and legal forms (clauses 3 and 4 of Article 69 of the Federal Law “On Joint-Stock Companies”, clause 1 of Article 40 of the Federal Law “On Limited Liability Companies”, paragraph 3 of article 12 of the Federal Law "On Higher and Postgraduate Professional Education", subparagraph "c" of paragraph 7 of the Decree of the Government of the Russian Federation of March 16, 2000 N 234 "On the procedure for concluding employment contracts and certification of heads of federal state unitary enterprises", paragraph 7.3 of the Approximate an employment contract with the head of a federal state unitary enterprise, approved by order of the Ministry of Property Relations of the Russian Federation dated December 11, 2003 N 6946-r, etc.).
At the same time, there may be cases when, for some reason, an employment contract with the head of an organization is concluded without specifying a specific period of its validity, or when a fixed-term employment contract is transformed into a contract for an indefinite period in the manner established by part four of Article 58 of the Labor Code of the Russian Federation. However, there is no reason to believe that the use of the term “early” in paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation does not allow the application of these norms in such cases.
The type of employment contract in itself does not predetermine the nature and content of the work of the head of the organization, just as the peculiarities of the labor function performed by the manager, which determine the legislative enshrinement of the possibility of terminating an employment contract with him without specifying motives, do not depend on whether the employment contract is concluded for a definite or indefinite period. , and those factual circumstances due to which it may be necessary to relieve the manager from his position. Establishing differences in the grounds for termination of an employment contract at the initiative of the employer solely on the specified formal grounds would mean a violation of equality of rights and opportunities, incompatible with the requirements of Articles 19 (parts 1 and 2) and 37 (part 1) of the Constitution of the Russian Federation.

Based on the above and guided by the first and second parts of Article 71, Articles 68, 72, 74, 75, 79, 80, 100 and 104 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation ruled:

1. Recognize the provisions of paragraph 2 of Article 278 of the Labor Code of the Russian Federation and paragraph two of paragraph 4 of Article 69 of the Federal Law “On Joint Stock Companies”, according to which an employment contract with the head of an organization can be terminated in connection with the adoption by the authorized body of a legal entity, including including the board of directors (supervisory board) of a joint-stock company, or the owner of the organization’s property, or a person (body) authorized by the owner, decisions on early termination of an employment contract that do not contradict the Constitution of the Russian Federation, since the named provisions in their constitutional and legal meaning in the system of the current regulatory legal regulations suggest that termination of an employment contract in this case is not a measure of legal liability and is not allowed without payment of fair compensation, the amount of which is determined by the employment contract, i.e. by agreement of the parties, and in case of a dispute - by a court decision.
The constitutional and legal meaning of the provisions of paragraph 2 of Article 278 of the Labor Code of the Russian Federation and the second paragraph of paragraph 4 of Article 69 of the Federal Law "On Joint Stock Companies", identified in this Resolution, by virtue of Article 6 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" is generally binding and excludes any other interpretation in law enforcement practice.

2. Recognize Article 279 of the Labor Code of the Russian Federation, according to which in the event of termination of an employment contract with the head of an organization before its expiration by a decision of the authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner in the absence of guilty actions (inaction) manager, he is paid compensation for early termination of an employment contract with him in the amount determined by the employment contract, which does not comply with the Constitution of the Russian Federation, its articles 19 (parts 1 and 2), 37 (parts 1 and 3) and 55 (part 3), in that to the extent that it, without establishing a guaranteed minimum amount of compensation due to the head of the organization in this case, allows early termination of an employment contract with him without payment of fair compensation.
Pending the necessary changes to the current legislation in accordance with this Resolution, the guaranteed minimum amount of compensation paid to the head of the organization upon termination of an employment contract on the grounds provided for in paragraph 2 of Article 278 of the Labor Code of the Russian Federation and the second paragraph of paragraph 4 of Article 69 of the Federal Law "On Joint-Stock Companies" ", cannot be lower than that determined by current legislation for similar situations of termination of an employment contract with the head of an organization due to circumstances beyond his control.

3. Terminate the proceedings in this case insofar as it concerns the verification of the constitutionality of the third paragraph of paragraph 3 and the first and third paragraphs of paragraph 4 of Article 69 of the Federal Law “On Joint-Stock Companies”.

4. Law enforcement decisions in the cases of citizen applicants in the present case, based on the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation, paragraph two of paragraph 4 of Article 69 of the Federal Law "On Joint Stock Companies" in an interpretation that diverges from their constitutional and legal the meaning identified in this Resolution are subject to revision in the prescribed manner.

5. This Resolution is final, not subject to appeal, comes into force immediately after proclamation, is effective directly and does not require confirmation by other bodies and officials.

6. According to Article 78 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, this Resolution is subject to immediate publication in the Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation. The resolution must also be published in the "Bulletin of the Constitutional Court of the Russian Federation".

If this norm is violated, administrative, criminal and disciplinary liability is imposed:

1. Article 81 of the Labor Code of the Russian Federation allows for final settlement with an employee in connection with a disciplinary offense of particular gravity.
2. According to Article 13.14 of the Code of Administrative Offenses, the transfer of information from a patient’s personal life is punishable by a fine of up to 50 minimum wages.
3. As punishment for disclosing confidential data to a doctor, correctional labor for up to 2 years and a ban on practicing medical services for 3 years are applied.

An employment agreement is a mandatory requirement when applying for a job in a medical institution. It has a number of basic and specific conditions. Some additional items include a special mode of operation and additional functions of medical staff.

Employment contract with the chief physician

The purpose of this article is to provide medical workers, both those employed in the field of commercial medicine and those providing paid services in state and municipal health care facilities, as well as those who combine work in non-profit medicine with the provision of paid services in commercial clinics and centers, the opportunity to become familiar with the rights , guaranteed by the current labor legislation, regardless of the sphere of labor and the organizational and legal form of the enterprise in which the employee works, as well as with those duties that the employer has the right to assign to him. The relationship between the employer and the doctor or other medical personnel must be mandatory drawn up in the form of an employment contract.
The Employer has the right to decide to make a compensation payment to the Employee in the amount in the case. 10. FINAL PROVISIONS 10.1. The terms of the agreement are confidential and are not subject to disclosure. 10.2. The terms of the agreement are legally binding for the parties from the moment it is concluded by the parties.

Attention

All changes and additions to the agreement are formalized by a bilateral written agreement. 10.3. Disputes between the parties arising during the execution of the contract are considered in the manner established by the current legislation of the Russian Federation. 10.4. In all other respects that are not provided for in the contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

10.5. 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. 10.6.

Commercial medicine and the work responsibilities of a medical worker

Info

The Employer has the right: - to demand that the Employee fulfill his labor duties stipulated by this agreement; — encourage the Employee in the manner and amount provided for in this employment contract, as well as the conditions of the legislation of the Russian Federation; — bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation; - exercise other rights granted to him by the Labor Code of the Russian Federation. back to contents 4.1. The employee is assigned a [number of days]-day working week. Start time [h. min.], end [hour. min.], break [duration].

Weekends [fill in as required]. 4.2. The employee is granted annual paid leave of 28 calendar days. Annual paid leave is provided in accordance with current labor legislation. 4.3.

Employment contract with a medical worker: sample design

The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties, as well as in cases established by the current legislation of the Russian Federation, paid leave may be provided to the Employee before the expiration of six months. 6.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation.
7. Responsibility of the Parties 7.1. The parties are responsible for failure to fulfill or improper fulfillment of their duties and obligations established by the current legislation of the Russian Federation, Internal Labor Regulations, other local regulations of the Employer and this Employment Agreement. 7.2.

Features of concluding an employment contract with medical workers

The article, prepared jointly by lawyers Olga Zinovieva, Dmitry Bartenev and Doctor of Medical Sciences, Professor of the State Educational Institution of Higher Professional Education "St. Petersburg State Pediatric Medical Academy" Evgeniy Zinoviev, examines the peculiarities of labor relations between a medical worker and a medical organization that makes a profit from its activities. Developed and partly already the ongoing reorganization of the state and municipal health care systems, the reform of the entire health care system along the path of consolidation of treatment and preventive institutions, the loss of formal independence by state and municipal health care institutions in disposing of income, as well as the possible transformation of health care institutions into other organizational and legal forms will inevitably entail changes and in the commercial sector of the medical services market.

Employment contract with the deputy chief physician for paid services

Important

Ensure and monitor the implementation of internal labor regulations, labor protection and fire safety during the operation of devices, equipment and mechanisms. 3.1.1.12. Represent the organization in government, judicial, insurance and arbitration bodies, at international events, in government and public organizations on issues in the field of health care, previously agreed upon with the higher authority in charge of this organization. 3.1.1.13. Interact with local authorities, civil defense services, disaster medicine, territorial internal affairs bodies and other operational services.

3.1.1.14. Take part in conferences, seminars, exhibitions. 3.1.1.15. Ensure the implementation of preventive measures to prevent industrial injuries and occupational diseases. 3.1.2.

Manual search panel for contracts

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. 8.2. Individual labor disputes that are not resolved by the Employee and the Employer independently are considered in court.

8.3. In all other respects that are not provided for in this agreement, the Parties are guided by labor legislation. 8.4. The employment contract is drawn up in two copies, each of which has equal legal force. back to contents Employer: [full name] TIN [enter as necessary] [position of the person who signed the employment contract, signature, full name] M.P. Employee: [F. AND.

Work on a day off or a non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a day off or a non-working holiday was carried out within the monthly standard working time, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly working hours. At the request of an Employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

3.6. Downtime caused by the Employer is paid in the amount of two-thirds of the Employee’s average salary.

Employment contract of the chief physician of a private medical center

The Agreement comes into force on the date of its conclusion by the Employee and the Employer (or from the day the Employee is actually admitted to work with the knowledge or on behalf of the Employer or his representative). 2.2. Start date: » » 2.3. The contract is concluded for an indefinite period. 3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE 3.1. For the performance of labor duties, the Employee is set an official salary in the amount of () rubles per month. 3.2. The employer sets additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are determined in the Regulations on bonus payments to the Employee (approved by the Employer), which the Employee was familiarized with when signing the contract. 3.3.

D. [place of conclusion of the agreement] [date of conclusion of the agreement] [Full name of the enterprise indicating the organizational and legal form], TIN [value], [address], registered [name of the registering authority, date, number of the registration decision] represented by [position , Full name], acting on the basis of [name of document confirming authority], hereinafter referred to as “Employer”, on the one hand, and [F. I. O. in full], passport series [enter as required], N [enter as required], issued by [name of the authority that issued the passport, date of issue] year, department code [enter as required], registered at the place of residence at the address: [fill in as appropriate], hereinafter referred to as the “Employee”, and together referred to as the “Parties”, have entered into this agreement as follows: back to table of contents 1.1.

Possible scenarios:

• working 24 hours a week
• 30-36 hours per week for outpatient visits only, as well as for dentists, surgeons
• 36-39 hour work week

If necessary and with the consent of the employee, the following points are taken into account in the employment agreement: Work of medical personnel

1. Possibility of duty at home. Home duty is considered to be staying at home while waiting to be called to the workplace. Typically, this regime is counted as 30 minutes per hour of home duty.

   When an emergency call is made to the scene of an incident, a new countdown begins according to the actual time (1 hour = 1 hour). The total time taken includes travel to the patient and the time to travel back home.

2. Breaks for rest and meals, including “floating” lunches.

Employment contract with the chief physician

[Full name of the medical organization] in the face [ position, full name], acting on the basis [ name of the document confirming authority], hereinafter referred to as the "Employer", on the one hand and

[Full name], hereinafter referred to as the “Employee”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. This employment contract regulates the relationship between the Employer and the Employee related to the latter’s management [ full name of the medical organization] (hereinafter referred to as the Organization).

1.2. Work for the Employer is the main place of work for the Employee.

1.3. The employment contract is concluded for an indefinite period.

1.4. The employee is obliged to begin work with [ day month Year].

1.5. Working conditions in the workplace in terms of the degree of harmfulness and (or) danger are [ optimal (class 1)/acceptable (class 2)/harmful (specify the class and subclass of harmfulness)/hazardous (class 4)].

1.6. The probationary period for employment is [ no more than 6 months]./The employee is hired without testing.

2. Rights and obligations of the employee

2.1. The employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code

Providing him with work stipulated by the employment contract;

A workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement [if any];

Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed;

Rest ensured by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave;

Complete reliable information about working conditions and labor protection requirements in the workplace;

Preparation and additional professional education in the manner established by the Labor Code of the Russian Federation and other federal laws;

Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the Organization in the forms provided for by the Labor Code

Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws;

Compensation for damage caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

Compulsory social insurance in cases provided for by federal laws;

- [labor legislation].

2.2. The employee is obliged:

Conscientiously fulfill his labor duties assigned to him by the employment contract;

Carry out its activities in accordance with the legislation of the Russian Federation, guided by the principles of medical ethics and deontology;

Provide medical care in accordance with your qualifications, job description, job and job responsibilities;

Maintain medical confidentiality;

Comply with internal labor regulations;

Maintain labor discipline;

Comply with established labor standards;

Comply with labor protection and occupational safety requirements;

Treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees;

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 held by the Employer, if the Employer is responsible for the safety of this property);

Ensure the confidentiality of information constituting a commercial secret owned by the Organization and its counterparties;

Improve professional knowledge and skills through training in additional professional programs in educational and scientific organizations in the manner and within the time limits established by the authorized federal executive body;

- [labor legislation and other regulatory legal acts containing labor law norms, collective agreements, local regulations].

3. Rights and obligations of the employer

3.1. The employer has the right:

Conclude, amend and terminate an employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

Conduct collective negotiations and conclude collective agreements;

Encourage the Employee for conscientious, effective work;

Demand that the Employee fulfill his job duties and take care of the property of the Employer (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with internal labor regulations;

Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

Adopt local regulations;

Create associations of employers for the purpose of representing and protecting their interests and join them;

Create a works council;

- [other rights provided for by current labor legislation and other regulatory legal acts containing labor law norms, collective agreements, local regulations].

3.2. The employer is obliged:

Provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity;

Timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

Consider submissions from the relevant trade union bodies and other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

Create conditions that ensure the Employee’s participation in the management of the Organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any];

Provide for the Employee’s everyday needs related to the performance of his job duties;

Carry out compulsory social insurance of the Employee in the manner established by federal laws;

Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

- [other duties provided for by the current labor legislation and other regulatory legal acts containing labor law norms, collective agreement, local regulations].

4. Working time and rest time

4.1. The employee is set [ five-day work week with two days off/six-day work week with one day off/work week with days off on a rotating schedule/part-time work week].

4.2. The duration of daily work/part-time work is [value] hours.

4.3. Start and end time of work, time of break and its duration, [ in the case of providing days off on a sliding schedule - alternating working and non-working days] are established by internal labor regulations.

4.4. The employee is assigned an irregular working day [ or this condition is missing].

4.5. The employee is granted annual paid leave of [value] calendar days.

4.6. The employee is granted an additional annual paid leave of [value ] calendar days [ indicate the basis for granting additional leave].

4.7. For family reasons and other valid reasons, the Employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the Employee and the Employer.

5. Terms of payment

5.1. The employee is paid a salary of [ amount in numbers and words] rubles.

5.2. Additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and allowances of an incentive nature and bonus systems are established by a collective agreement [if any], agreements, local regulations and other regulatory legal acts containing labor standards rights.

5.3. Salary is paid to the Employee at least every half month. The specific date for payment of wages is established by internal labor regulations.

5.4. When performing work outside the normal working hours, at night, on weekends and non-working holidays, when combining professions (positions), when performing the duties of a temporarily absent employee, the Employee is paid appropriate additional payments in the manner and amount established by the collective agreement [if any] and local regulations.

5.5. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.

6. Responsibility of the parties

6.1. In case of failure or improper performance by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.

6.2. The Employee bears full financial responsibility for direct actual damage caused to the Organization.

6.3. In cases provided for by federal laws, the Employee compensates the Organization for losses caused by his guilty actions. In this case, the calculation of losses is carried out in accordance with the norms provided for by civil law.

6.4. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

7. Termination of the employment contract

7.1. This employment contract may be terminated on the grounds provided for by the Labor Code

7.2. Additional grounds for termination of an employment contract are:

Removal from office of an Employee of the Debtor Organization in accordance with insolvency (bankruptcy) legislation;

Making a decision to terminate an employment contract;

- [other reasons].

7.3. In the event of termination of the employment contract with the Employee due to the acceptance of [ authorized body of a legal entity / owner of the Organization’s property / authorized person (body) of the owner] decision to terminate the employment contract, in the absence of guilty actions (inaction) of the Employee, he is paid compensation in the amount of [ enter what you need, but not less than three times your average monthly salary].

7.4. The employee has the right to terminate the employment contract early by notifying the Employer (the owner of the Organization's property, his representative) in writing no later than one month in advance.

7.5. In all cases, the day of dismissal of the Employee is the last day of his work.

8. Final provisions

8.1. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.

8.2. 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.

8.3. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force.

8.4. All changes and additions to this employment contract are formalized by a bilateral written agreement.

9. Details and signatures of the parties

Employer: [fill in as required] [position, signature, initials, surname right now or request via the Hotline in the system.

[Full name of the enterprise indicating the organizational and legal form], TIN [value], [address], registered [name of the registering authority, date, registration decision number] represented by [position, full name], acting on the basis [name of document confirming authority], hereinafter referred to as “Employer”, on the one hand, and [F. I. O. in full], passport series [enter as required], N [enter as required], issued by [name of the authority that issued the passport, date of issue] year, department code [enter as required], registered at the place of residence at the address: [fill in as appropriate], hereinafter referred to as the “Employee”, and together referred to as the “Parties”, have entered into this agreement as follows:

1. Subject of the employment contract

1.1. The Employer instructs, and the Employee assumes, the performance of labor duties in the position of chief physician.

1.2. Work for the Employer is the main place of work for the Employee.

1.3. The Employee's place of work is [address].

1.4. The employee must begin work on [day, month, year].

1.5. The employment contract was concluded for [period].

1.6. In accordance with Art. 70 of the Labor Code An employee is hired on the condition of being tested in order to verify his compliance with the assigned work. The duration of the probationary period is [value] months from the date of conclusion of this agreement. The criterion for passing the probationary period is the accurate and high-quality (complete, timely, etc.) performance of job duties.

2. Rights and obligations of the employee

2.1. The employee reports directly to the manager (director) of [name of medical institution].

2.2. The employee is obliged:

Carry out management of [name of medical institution] in accordance with current legislation defining the activities of health authorities and institutions;

Represent [name of medical institution] in government, judicial, insurance and arbitration bodies;

Organize the work of the team to provide timely and high-quality medical and medicinal care to the population;

Ensure the organization of treatment, preventive, administrative, economic and financial activities of the institution;

Analyze the activities of a healthcare institution and, based on an assessment of its performance indicators, take the necessary measures to improve the forms and methods of operation of the institution;

Review and approve regulations on the structural divisions of the institution and job descriptions of employees;

Monitor compliance with the requirements of internal labor regulations, safety regulations, labor protection, technical operation of devices, equipment and mechanisms.

2.3. The employee has the right:

Request necessary information and documents from employees;

Give employees mandatory instructions;

Make decisions on imposing material and disciplinary penalties on employees who do not fulfill or improperly perform their official duties and on rewarding distinguished employees;

Take part in meetings, conferences, sections where issues related to professional competence are discussed;

Improve your qualifications, get certified for assignment of a qualification category;

For timely and full payment of wages;

For rest in accordance with the terms of this employment contract and legal requirements;

To protect their labor rights, freedoms and legitimate interests by all means not prohibited by law;

For compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code and other federal laws;

3. Rights and obligations of the employer

3.1. The employer is obliged:

Provide the Employee with work in accordance with the terms of this employment contract. The Employer has no right to require the Employee to perform duties (works) not stipulated by this employment contract;

Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation;

Provide the Employee with everything necessary to perform his job duties;

Pay the Employee wages on time and in full;

Pay insurance premiums and other obligatory payments in the manner and amounts determined by federal laws;

Issue an insurance certificate of state pension insurance (for people entering work for the first time);

By notification procedure, register an employment contract with the employee in the local government body at the place of residence (in accordance with registration);

By notification procedure, register the fact of termination of this agreement with the local government body in which the employment contract was registered;

Compensate for damage caused to the Employee in connection with the performance of his job duties, in accordance with current legislation;

Perform other duties provided for by labor legislation.

3.2. The employer has the right:

Require the Employee to fulfill his labor duties stipulated by this agreement;

Encourage the Employee in the manner and amount provided for by this employment contract, as well as the conditions of the legislation of the Russian Federation;

Bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;

Exercise other rights granted to him by the Labor Code of the Russian Federation.

4. Working time and rest time

4.1. The employee is assigned a [number of days]-day working week.

Start time [h. min.], end [hour. min.], break [duration].

Weekends [fill in as required].

4.2. The employee is granted annual paid leave of 28 calendar days. Annual paid leave is provided in accordance with current labor legislation.

4.3. An employee may be granted leave without pay in accordance with current labor laws.

5. Terms of payment

5.1. The Employee's salary consists of [amount] rubles per month.

5.2. Wages are paid twice a month: advance payment (proportional to time worked) no later than [day of the month] and the remainder no later than [date of the month].

5.3. If the Employee conscientiously performs his duties, he is paid an additional monthly bonus in the amount determined by the Employer at its discretion.

5.4. When performing work outside the normal working hours, at night, on weekends and non-working holidays, etc., the employee is paid appropriate additional payments.

5.5. Work on weekends and non-working holidays is paid double.

5.6. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by current labor legislation.

6. Responsibility of the parties

6.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.

6.2. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

7. Termination of the employment contract

7.1. This employment contract may be terminated on the grounds established by the labor legislation of the Russian Federation.

7.2. A Party that intends to terminate an employment contract early is obliged to notify the other Party of this at least [period].

8. Final provisions

8.1. 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.

8.2. Individual labor disputes that are not resolved by the Employee and the Employer independently are considered in court.

8.3. In all other respects that are not provided for in this agreement, the Parties are guided by labor legislation.

8.4. The employment contract is drawn up in two copies, each of which has equal legal force.

Employment contract with chief physician 1 (president, director, head, manager, chief) of a medical organization
__________ "___"________ ____ g.

We shall hereinafter be referred to as "Employer", represented by _____________________, acting on the basis of _____________________, on the one hand, and citizen _____________________, hereinafter referred to as "Employee", on the other hand, collectively referred to as the "Parties", have entered into this Employment Agreement as follows:

1. The Subject of the Agreement
1.1. The employee is hired by the Employer in
_______________________________________________ for the position of chief physician
(name of medical organization)
(president, director, manager, manager, chief).
1.2. Work for the Employer is the main place of work/part-time work for the Employee 2.
1.3. The employee is given a probationary period of _____ (___________) months from the date of commencement of work specified in clause 2.1 of this Employment Agreement.
1.4. The Employee’s work under this Agreement is carried out under normal conditions.

2. Duration of the Agreement
2.1. The employee must begin performing his job duties from "___"__________ ____.
2.2. This Agreement is concluded for an indefinite period/for a period of up to "___"__________ ____.

3. Rights and obligations of the Employee
3.1. The employee is obliged:
3.1.1. Conscientiously perform the following duties:
3.1.1.1. Manage the activities of a medical organization.
3.1.1.2. Organize the work of the organization’s team to provide and provide quality medical services to the population.
3.1.1.3. Ensure the organization of treatment, preventive, administrative, economic and financial activities of the organization.
3.1.1.4. Carry out an analysis of the organization’s activities and, based on an assessment of its performance indicators, take the necessary measures to improve the forms and methods of work.
3.1.1.5. Approve the staffing table, financial plan, annual report and annual balance sheet of the organization.
3.1.1.6. Ensure fulfillment of obligations under the collective agreement.
3.1.1.7. Provide employees with timely and full payment of wages.
3.1.1.8. Improve the organizational and managerial structure, planning and forecasting of activities, forms and methods of work of the organization, select personnel, place them and use them in accordance with qualifications.
3.1.1.9. Organize and ensure that employees of the organization receive additional professional education (advanced training, professional retraining) in accordance with the legislation of the Russian Federation.
3.1.1.10. Take measures to ensure that employees of the organization fulfill their job responsibilities.
3.1.1.11. Ensure and monitor the implementation of internal labor regulations, labor protection and fire safety during the operation of devices, equipment and mechanisms.
3.1.1.12. Represent the organization in government, judicial, insurance and arbitration bodies, at international events, in government and public organizations on issues in the field of health care, previously agreed upon with the higher authority in charge of this organization.
3.1.1.13. Interact with local authorities, civil defense services, disaster medicine, territorial internal affairs bodies and other operational services.
3.1.1.14. Take part in conferences, seminars, exhibitions.
3.1.1.15. Ensure the implementation of preventive measures to prevent industrial injuries and occupational diseases.
3.1.2. Do not disclose confidential information (official, commercial, technical, personal or other) owned by the Employer and (or) its counterparties.
3.1.3. Do not allow disclosure of information constituting medical confidentiality, except in cases established by the current legislation of the Russian Federation.
3.1.4. Treat the property of the Employer and other employees with care and, if necessary, take measures to prevent damage to property.
3.2. The employee has the right to:
3.2.1. Amendment and termination of this Employment Agreement in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.
3.2.2. Providing the work specified in clause 1.1 of this Employment Agreement, as well as a workplace that meets state regulatory labor protection requirements.
3.2.3. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.
3.2.4. Mandatory state social insurance in the manner and under the conditions established by the current legislation of the Russian Federation for the period of validity of this employment contract.
3.2.5. Insurance of a professional error due to which harm or damage to the health of a citizen is caused, not related to the careless or negligent performance of his professional duties.
3.2.6. Use in healthcare practice methods of prevention, diagnosis, treatment, medical technologies, medicines, immunobiological preparations and disinfectants approved for use in the manner prescribed by law.
3.2.7. With the consent of the citizen (his legal representative), transfer information constituting medical confidentiality to other citizens (officials) in the interests of examining and treating the patient, for conducting scientific research, publishing in scientific literature, using this information in the educational process and for other purposes.
3.2.8. The employee also has other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.

4. Rights and obligations of the Employer
4.1. The employer undertakes:
4.1.1. Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of agreements and this Employment Agreement.
4.1.2. Provide the Employee with work in accordance with the terms of this Employment Agreement.
4.1.3. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.
4.1.4. Provide the Employee with a properly equipped workplace, provide him with equipment, tools, technical documentation and other means necessary to perform his job duties.
4.1.5. Pay the Employee in the amount established in clause 5.1 of this Employment Agreement.
4.1.6. Pay bonuses and remuneration in the manner and on the terms established by the Employer.
4.1.7. Carry out compulsory social insurance of the Employee in the manner established by the current legislation of the Russian Federation.
4.1.8. Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.
4.1.9. Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, agreements, local regulations and this Employment Agreement.
4.2. The employer has the right:
4.2.1. Change and terminate this Employment Agreement with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.
4.2.2. Demand that the Employee fulfill his job duties and take care of the property of the Employer and other employees, comply with the Internal Labor Regulations and other local regulations.
4.2.3. Encourage the Employee in the manner and amount provided for in the Regulations on Bonuses and other local regulations of the Employer.
4.2.4. Bring the Employee to disciplinary and financial liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws.
4.2.5. Exercise other rights provided for by the labor legislation of the Russian Federation, Internal Labor Regulations and other local regulations.

5. Conditions of remuneration for the Employee
5.1. For the performance of labor duties, the Employee is paid a salary in the amount of _____ (_____________) rubles per month.
5.2. In addition to the official salary, the Employee is provided with incentive and compensation payments (additional payments, allowances, bonuses, etc.). The amounts and conditions of such payments are determined in the Regulations on bonus payments to employees "____________", which the Employee was familiarized with when signing this Agreement.
5.3. The Employee's wages are paid twice a month on _____ and _____ dates by issuing cash at the Employer's cash desk (option: by wire transfer to the Employee's bank account).
5.4. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

6. Working time and rest schedule
6.1. The employee is assigned a _____-day work week of _____ (___________) hours. Weekends are _______________________.
6.2. Work start time is _________________.
Finish time _________________.
6.3. During the working day, the Employee is given a break for rest and food from ____ hours to ____ hours, which is not included in working hours.
6.4. The employee is granted annual paid leave of ______ (at least 28) calendar days.
6.4.1. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the Parties, as well as in cases established by the current legislation of the Russian Federation, paid leave may be provided to the Employee before the expiration of six months.
6.5. For family reasons and other valid reasons, the Employee, upon his application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation.

7. Responsibility of the Parties
7.1. The parties are responsible for failure to fulfill or improper fulfillment of their duties and obligations established by the current legislation of the Russian Federation, Internal Labor Regulations, other local regulations of the Employer and this Employment Agreement.
7.2. For failure or improper performance by the Employee through his fault of the labor duties assigned to him, including disclosure of medical confidentiality, disciplinary sanctions may be applied to the Employee, provided for in Art. 192 of the Labor Code of the Russian Federation.
7.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.
7.4. 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.

8. Guarantees and compensations
8.1. During the period of validity of this Employment Agreement, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.
8.2. Damage caused to the Employee by injury or other damage to health associated with the performance of his work duties is subject to compensation in accordance with the current labor legislation of the Russian Federation.

9. Termination of the Employment Contract
9.1. This Employment Agreement may be terminated on the grounds provided for by the current legislation of the Russian Federation.
9.2. The Employee must be familiarized with the order (instruction) of the Employer to terminate this Employment Agreement against signature.
9.3. In all cases, the day of dismissal of the Employee is the last day of his work.

10. Other conditions
10.1. The terms of this Employment Agreement are confidential and are not subject to disclosure.
10.2. The terms of this Employment Agreement are legally binding for the Parties from the moment it is concluded by the Parties. All changes and additions to this Employment Agreement are formalized by a bilateral written agreement.
10.3. Disputes between the Parties arising during the execution of this Employment Agreement are considered in the manner established by the current legislation of the Russian Federation.
10.4. In all other respects that are not provided for in this Employment Agreement, the Parties are guided by the current legislation of the Russian Federation governing labor relations.
10.5. This Employment Agreement has been drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

11. Addresses and details of the Parties
Employer Employee

_________________________________ _____________________________________
legal address: ______________ passport: series ______ number _________
actual address: ______________ issued __________ "___"________ ___
TIN ___________, checkpoint ____________ department code __________________,
Account account _____________________________ registered at the address: _______
V _______________________________ _____________________________________
BIC ___________________________________

Signatures of the parties

Employer Employee

_____________________/______________ _____________________/______________
(position, full name) (signature) (full name) (signature)

1 The title of the position “Chief Physician” can only be used if the head of a medical organization has a higher professional (medical) education.
2 For explanations regarding the specifics of part-time work for medical workers, see Resolution of the Ministry of Labor and Social Development of the Russian Federation dated June 30, 2003 N 41 “On the specifics of part-time work for teaching, medical, pharmaceutical and cultural workers.”