Employment contract

An employment contract is the main document protecting your rights as an employee. Without it, the employer may not pay, dismiss without cause, or not pay for sick leave. Concluding an employment contract is the employer’s obligation, not your request.

This article explains what must be in an employment contract, how it differs from a civil law contract, what rights it grants, and what to do if the employer refuses to conclude it.

Important: migrants have the same labor rights as Russian citizens. Lack of Russian citizenship is not a ground for refusing an employment contract, sick leave payment or vacation.

Why an employment contract is needed

An employment contract protects you:

• Fixes the salary — the employer cannot pay less;
• Establishes the work schedule — they cannot force you to work 24/7;
• Grants the right to vacation — 28 days per year;
• Grants the right to sick leave — paid by the Social Fund;
• Allows you to resign voluntarily — with settlement on the day of dismissal;
• Allows you to recover debt through court — in case of delayed salary.

Without a contract you cannot prove that you worked, how much you earned, or what the conditions were.

What must be in an employment contract

According to Article 57 of the Labor Code, an employment contract must contain:

Mandatory information

• Employee’s full name and employer’s name;
• Employee’s passport details;
• Employer’s tax ID;
• Place and date of conclusion.

Mandatory terms

• Place of work — city, address;
• Job function — position, profession, specialty;
• Start date of work;
• Contract term — fixed-term or indefinite;
• Remuneration — salary, allowances, bonuses;
• Work regime — hours, shifts, days off;
• Vacation — at least 28 calendar days per year;
• Working conditions — harmful, dangerous, normal;
• Social guarantees — medical insurance, benefits.

Additional terms (optional)

• Probation period — up to 3 months (for managers — up to 6);
• Non-disclosure of trade secrets;
• Material liability;
• Additional benefits — meals, housing, transport.

Types of employment contracts

A fixed-term contract is often used for migrants. But if it is concluded without grounds (e.g., for 1 year for permanent work), the court may recognize it as indefinite.

Difference from a civil law contract

A civil law contract (CLC) is not an employment contract. It is governed by the Civil Code, not the Labor Code.

A CLC is worse for the employee — no vacation, no sick leave pay, no service record. Employers often use a CLC to save on taxes and contributions.

If you actually work as a hired employee (by schedule, in the office, with subordination), but the contract is a CLC — this is a violation. You can apply to court or the labor inspectorate.

How to conclude an employment contract

Step 1. Check the employer’s documents

• Tax ID and OGRN — check on the Federal Tax Service website;
• Legal address — matches the contract;
• Signatory’s position — manager or authorized person.

Step 2. Read the contract

Do not sign without reading! Check:

• Salary — matches what was promised;
• Term — fixed-term or indefinite;
• Work regime — hours, days off, shifts;
• Probation period — present or not;
• Dismissal terms — for what they can dismiss.

Step 3. Sign 2 copies

One copy — for you, one — for the employer.

Your copy must contain:

• Employer’s signature;
• Company seal (if any);
• Date of conclusion;
• Contract number.

Step 4. Receive the hiring order

The employer must issue a hiring order within 3 days. You must be familiarized with the order against signature.

Step 5. Notify the MVD

The employer must notify the MVD about concluding an employment contract with a foreigner — within 3 working days. This is their obligation, not yours. But check — if they don’t notify, your patent may be cancelled.

Rights under an employment contract

You have the right to:

• Salary — at least 2 times a month;
• Vacation — 28 days per year, paid;
• Sick leave pay — paid by the Social Fund;
• Maternity leave — for women;
• Parental leave — up to 3 years;
• Compensation for harmful working conditions;
• Protection from unjustified dismissal.

What to do if the employer does not pay

Step by step:

1. Written demand — send the employer a registered letter;
2. Complaint to the labor inspectorate — through онлайнинспекция.рф;
3. Complaint to the prosecutor’s office — if the inspectorate did not help;
4. Lawsuit in court — recovery of debt + interest under Art. 236 of the Labor Code;
5. Contact bailiffs — after the court decision.

State duty for labor disputes — not paid (Art. 393 of the Labor Code).

What to do if there is no contract

If the employer refuses to conclude a contract:

• Demand in writing — send an application for concluding a contract;
• Collect evidence of work — photos at the workplace, correspondence, colleagues’ testimonies, passes;
• Complaint to the labor inspectorate — through онлайнинспекция.рф;
• Lawsuit in court — to recognize the relationship as labor.

Actual labor relations can be proven even without a contract. Courts often side with the employee.

Common mistakes of migrants

Mistake 1. Do not read the contract before signing

Sign without looking — then discover that the salary is lower, the term is 1 month, and the probation is 6 months.

Mistake 2. Do not take their copy

The contract is in one copy with the employer — you cannot prove the terms.

Mistake 3. Agree to a civil law contract

If the work is actually labor — demand an employment contract. A CLC means losing vacation and sick leave pay.

Mistake 4. Work without a contract “on trust”

“We will pay you, don’t worry” — deception. Without a contract, you are not protected.

Mistake 5. Do not check the MVD notification

The employer must notify the MVD. If not notified — your patent may be cancelled. Check.

FAQ

Is the employer obligated to conclude an employment contract with a migrant?

Yes. Under the Labor Code — obligated. Lack of a contract is a violation, a fine for the employer up to 100,000 ₽.

Can I work under a patent without an employment contract?

Formally — yes, if there is a civil law contract. But an employment contract is better — it protects more rights.

What to do if the employer dismisses without cause?

Contact the labor inspectorate and court. If the dismissal is illegal — they will reinstate you and pay compensation.

Can a migrant be dismissed without explanation?

No. Dismissal is possible on the grounds of Art. 81 of the Labor Code or at will. Without cause — a violation.

What to do if sick leave is not paid?

Contact the Social Fund. If sick leave is not paid — complaint to the labor inspectorate and court.

Are migrants entitled to vacation?

Yes. 28 calendar days per year — like Russian citizens. Paid at average earnings.

Can I resign voluntarily without working off?

Working off is 14 days under Art. 80 of the Labor Code. Without working off — by agreement of the parties, upon retirement, due to illness, or if the employer violates the Labor Code.

Summary: what to do

1. Demand an employment contract — it is the employer’s obligation;
2. Read the contract before signing;
3. Take your copy with signature and seal;
4. Check the hiring order;
5. Make sure the MVD is notified — it is the employer’s obligation;
6. Keep the contract, order, payslips;
7. In case of violations — complaint to the labor inspectorate or court;
8. Do not agree to a CLC if the work is actually labor.

If the employer violates your rights — does not pay, does not conclude a contract, dismisses illegally — consult a labor lawyer. Initial consultation is free.