The structure of an employment contract concluded with a cleaner
What is noteworthy is that the contract that will be concluded with the cleaner, in structure and in general in its content, is not much different from other contracts that are signed with other categories of workers. For example, with a seller, courier, engineer. The only difference is in the content. The contract concluded with the cleaner specifies specific types of work specific to the cleaner’s profession.
As a rule, such an agreement is drawn up by a lawyer. The structure of the standard agreement is taken as a basis. It usually consists of 7–8 points and includes:
- The title of the document (“Employment contract with the cleaner”).
- Place (city), as well as date (day, month, year) of compilation.
- The introductory part, which records the fact of concluding an agreement between its two participants (employer and employee).
- Subject of the TD (assignment to an employee of the cleaning profession, type of agreement, probationary period).
- Rights and obligations of the parties (separately for the cleaner and separately for the tenant). For the employee, in particular, responsibilities are prescribed (cleaning specific premises, supplying sanitary and hygienic products, ensuring the safety of equipment and cleaning supplies, etc.). It is also noted who is assigned these responsibilities during her absence.
- Remuneration and social guarantees (a specific salary amount is prescribed in rubles according to the staffing table and the payment procedure).
- Working and rest conditions (how many hours the cleaner will work, under what conditions annual leave will be provided, number of rest days, etc.).
- Change and termination of TD (under what circumstances, on what grounds can the agreement be changed or terminated).
- Other terms and conditions of the TD (when the agreement comes into force, how many copies are drawn up and to whom they are transferred, where the cleaning staff will be stored, etc.).
- Addresses of the parties and other information. For the employer: full and abbreviated name, OGRN, INN, KPP, as well as legal address, tel. For the cleaner: full name, tax identification number, passport details, residential address, tel.
- Date, signatures of the parties to the agreement (with transcript).
Typically, such an agreement is drawn up in 2 copies. (i.e. one for the employer and one for the cleaner). The signature of the employer and the employee is required. Without them, the contract is considered invalid (has no legal force).
Results
The job description for an office cleaner helps regulate the relationship between employee and employer.
From its contents, the scope of responsibilities of the cleaner, his rights and responsibilities, as well as the nuances of performing labor functions (objects, forms and methods of cleaning, used devices, equipment, processing modes, etc.) should be clear.
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On the issue of the content of an employment contract with a cleaner
When drawing up an agreement, you should take into account the fact that when performing official duties, the cleaner receives some access to certain valuables and documents. She is given equipment and other, sometimes far from cheap, materials (detergents, napkins, mops, brushes, etc.).
Therefore, in order to prevent any damage, increase efficiency, and stimulate the employee, clauses on disciplinary and financial liability are usually included in the contract. Standard sanctions under the Labor Code of the Russian Federation for violations of the terms of the agreement or failure to complete assigned work are a reprimand, reprimand, dismissal if there is a legal basis. At the same time, the agreement should also include a clause on rewarding the employee for conscientious work.
Article 57 of the Labor Code of the Russian Federation, dedicated to the content of the agreement, indicates that additional conditions can be included in it, taking into account the provisions of local acts of the organization and collective agreement. The main thing is that they do not worsen the actual legal status of the employee and comply with the requirements of labor legislation.
So, for example, you can additionally write down the name and location of the unit where the cleaner will work. You can also add points here: about the trial period, non-disclosure of secrets (commercial, other), about the features of additional insurance. It would not be amiss to add a point about the possibility of improving the living and social conditions of the worker and her family.
It should be borne in mind that a probationary period for a cleaner, oddly enough, is also established, and, like for all permanent employees, in accordance with Art. 70 Labor Code of the Russian Federation. Of course, the employer has the right to hire without him. But if a trial is ordered, then its duration cannot exceed 3 months, since we are talking about an ordinary employee. As you know, for management personnel this period increases to 6 months.
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Lease agreement for non-residential premises
The involvement of lawyers in legal disputes is due to the need to fully protect the personal interests of citizens.
As practice shows, citizens avoid legal assistance in order to save money, but in practice this is associated with high costs.
Even citizens with a lawyer's education do not always keep up with current changes in legislation, so it would be advisable to consult a qualified specialist. The convenience is that consultation with a lawyer is free and online. Where and how to get free legal advice?
Citizens, residents of the state, as well as non-residents of the country who temporarily reside in the Russian Federation can take advantage of the support. Moreover, lawyers can advise interested parties outside Russia, but only within the framework of domestic legislation. Legal advice is provided free of charge online around the clock, regardless of weekends and holidays.
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Online legal consultation can also be carried out via email.
The advantages of the services of our law firm are due to the professional attitude of our specialists to their work, the receipt of regular training courses, as well as participation in official forums. This ensures that individuals and businesses can receive advice that complies with current legal provisions.
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Rights and responsibilities of the cleaner that should be included in the contract
Requirements for each employee are established depending on his profession, location, and specifics of work. For example, the list of duties of a cleaner of local areas is determined by Gosstroy Resolution No. 170 of September 27, 2003.
The organization of such cleaning largely depends on the season. In summer, it includes sweeping, washing, and watering sidewalks at certain hours. In winter - shifting, sweeping snow hourly (depending on the presence or absence of snowfall, air temperature).
This Decree contains a detailed description of each type of work. For example, how exactly it is necessary to clean the coverings, remove the snow and place it in a shaft or pile. Snow that collects in courtyards and streets is allowed to be stored on lawns. Slippery coatings must be treated with a sand-salt mixture using spreaders (at the rate of 0.2-0.3 kg/m2) in compliance with the general processing rules. Taking into account these and other requirements for the cleaner of local areas, which are specified in the Resolution, the text of the employment agreement is drawn up.
Further, for example, if we are talking about cleaning entrances, then the following types of work can be specified directly in the agreement: wet (dry) cleaning of the entrance, removing cobwebs, washing windows. You can also add to the responsibilities of a cleaner the economical use of detergents and cleaning products, equipment, inventory, and filling out requests for their purchase.
Speaking about the rights of a cleaner, we should turn, first of all, to the Constitution of the Russian Federation and the Labor Code of the Russian Federation. In relation to an employment contract, the following should be noted. Firstly, the employee has the right to terminate the contract concluded with her on legal grounds and in the manner prescribed by the Labor Code of the Russian Federation. Secondly, she, like all other employees, can apply for vacations (with or without pay) and compensation payments under the Labor Code of the Russian Federation.
Further, within the framework of the work performed, the cleaner has the right to offer ideas for improving the quality of service. If facts of damage to property, disruption of their work, or cases of disorder are detected, the employee has the right to record them, i.e., to respond appropriately.
It should be noted that a job description may be attached to the employment agreement concluded with the cleaner. It is there that they describe in detail the range of all the duties that she will need to perform. As is customary, the employee must be introduced to it under her signature.
Features of the contract for the provision of cleaning services
Important! The legislation does not contain information about who exactly has the right to enter into this agreement, so not only companies, but also individuals can offer cleaning services on the basis of such an agreement. If services are provided by an individual, then the relationship between the client and the contractor is regulated by the law on the protection of consumer rights, therefore a written contract is not required
If services are provided by an individual, then the relationship between the client and the contractor is regulated by the law on the protection of consumer rights, so a written contract is not required.
If companies are engaged in providing these services, then they are obliged to use a contract, and one remains with the company, and the other is transferred to the customer. After making payment, the company is obliged to give the client a check or receipt.
What is an act of services rendered (performed) and how does it differ from a service agreement, you can find out in this video:
Legislative regulation
Both large and small organizations are required to enter into this contract. In the Russian Federation there are many laws and acts regulating the activities of cleaning companies. These include:
Civil Code. There are specialized standards that determine the optimal time spent on cleaning different rooms that have a specific purpose.
Pros and cons of drawing up a contract
Many companies require constant cleaning, not only in the usual wiping of tables and floors, but also in specialized cleaning of various equipment or interior items.
In this case, the ideal choice is the use of periodic services of cleaning companies, since employees of these organizations use specialized devices that simplify cleaning and allow them to eliminate even the most complex stains.
Expert opinion Lebedev Oleg Tarasovich Lawyer with 7 years of experience. Specialization: family law. Extensive experience in defense in court.
Important! Many companies do not have the financial capacity to employ professional workers involved in complex cleaning, so the use of one-time services of cleaning companies is in demand. The advantages of concluding such a contract include:
The advantages of concluding such a contract include:
- high-quality and professional cleaning of premises is provided;
- a small amount of money is paid for these services compared to hiring workers for the company;
- due to the presence of an official document, it is possible to regulate the quality of the services provided;
- Only unique and innovative devices are used by cleaning company employees, therefore the elimination of complex and specific contaminants is guaranteed;
- You can trust professionals to care for collectible, rare or unusual items that must be protected from aggressive substances or other influences.
Example 1. Sample employment contract concluded with a cleaner
The proposed sample agreement that can be concluded with the cleaner includes 8 points. The structure and content of the document are standards and are not much different from a regular employment agreement. As usual, it includes:
- Preamble (statement of the fact of concluding an agreement between the employer and the cleaner).
- Subject of the agreement (the contract is open-ended, provides for a three-month trial period).
- Responsibility, detailed description of the rights and obligations of each of the parties to the agreement (tenant, cleaner).
- Social guarantees, calculation of earnings (salary amount, salary payment twice a month).
- Standard working and rest conditions (40-hour work week, 28-day regular vacation).
- On termination, amendment of the agreement (in accordance with the norms and legal requirements).
- Other conditions (on the validity of the drawn up agreement, storage of the work book, etc.)
- Details of the employer, personal data of the employee.
- Signatures of the parties to the agreement with a transcript and date.
The basis for preparing this version of the employment agreement is a fairly common template of a standard contract. Its contents are compiled taking into account that the contract will be concluded with the cleaner. The proposed version of the document is subject to adjustment if necessary, as well as changes to suit a specific situation.
Final provisions
11.1. The terms of this employment contract are confidential and are not subject to disclosure.
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11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
11.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.
11.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
11.5. 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.
12. DETAILS OF THE PARTIES
Employer: _______________________________________________,
address: __________________________________________________________,
INN ____________________________, checkpoint ___________________________,
settlement account ______________________________ in ____________________________,
BIC ______________________________..
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Worker: ___________________________________________________,
passport: series ______, number ________, issued _____________________
__________ “___”__________ ____ city, department code ___________,
registered at the address: ___________________________________.
13. SIGNATURES OF THE PARTIES
____________/_________________ __________________________
M.P.
LOADER EMPLOYMENT CONTRACT
2.1. On the basis of this Contract, the Employee is appointed to a position and begins his duties from the moment the corresponding order is signed by the Company.
2.2. The Employee is assigned the duties stipulated in the job description of the Company's employee, which he was familiarized with before signing this contract.
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2.3. Work under this Contract is the main place of work.
2.4. The Employee’s place of work is the organization’s office located at: _________________.
2.5. The employee reports directly to __________.
2.6. The Employee’s work under this agreement is carried out under normal conditions. The Employee’s labor duties are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.
2.7.1. conscientious performance by the Employee of his official duties as a subject of civil law relations;
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2.7.2. assistance to the Employee from the higher management bodies of the Company in the exercise of his official rights and duties, ensuring proper working conditions and compliance by the Company with the terms of this Contract and the provisions of the current legislation of the Russian Federation.
2.8. The employee is a staff member of the Company and exercises his rights and obligations, guided by current legislation and this Contract.
2.9. When exercising his official rights and fulfilling his duties, the Employee must act in the interests of the Company proactively, wisely and with integrity, avoid violations of the law, financial and labor discipline, and strive to improve the efficiency of the Company within his competence.
Common mistakes when drawing up an employment agreement with a cleaner
Error 1. It happens that some additional conditions and data that are specified in Art. 57 of the Labor Code of the Russian Federation are not immediately included in the employment agreement. Nevertheless, the contract drawn up and signed in its original form is recognized as valid. The employer has the right to draw up an additional agreement to it, including the missing provisions (information).
Error 2. If the employer refuses to conclude a particular employment agreement, then the applicant has the right to demand from him a written explanation of the reasons for the refusal. The employer will have to submit a reasoned response with explanations within 7 working days. days This right is enshrined in Art. 64 of the Labor Code of the Russian Federation and treats all employees equally, regardless of their profession.
Tasks: Basic and additional
There is a standard list of services that are meant by post-repair cleaning.
It includes: collection and removal of construction waste, cleaning and laundering the floor, removing paint stains and other construction contaminants, washing walls and windows, dusting carpets and furniture.
If you need to dismantle old structures or get rid of bulky debris, include these tasks in the contract as additional clauses.
Often, special detergents are required for post-repair cleaning:
- effectively cleaning tiles and porcelain tiles;
- good for cleaning linoleum;
- carefully caring for parquet.
These chemicals, as well as other drugs and equipment necessary for work, are brought by the contractor himself, unless this point is specifically stated in the contract.
Answers to frequently asked questions
Question No. 1: An employee (“territory cleaner”) fell ill during the probationary period. Will sick time count towards the probationary period?
No, because according to Art. 79 of the Labor Code of the Russian Federation, time of illness, as well as other periods of absence, are not counted towards this period. This rule applies to all employees, regardless of the profession (position) in which they work.
Question No. 2: They are going to conclude an urgent TD with the cleaning lady. What is the maximum sentence for him?
The deadlines are explained in detail in Art. 58 Labor Code of the Russian Federation. As stated in this article, you can conclude an urgent TD with any employee for a period of up to 5 years. Moreover, if this period comes to an end and none of the parties (neither the employer nor the employee herself) demand its termination, then it is considered that this period is concluded for an indefinite period (i.e., indefinitely).
Termination
A work or civil contract can be canceled unilaterally. To do this, you only need to notify the employer. If the parties disagree, the contract is terminated through the court.
The employer is obliged to provide the employee with comfortable working conditions and timely payment
When hiring a person, pay attention to his personal qualities, behavior, and integrity. Then the parties will have no claims against each other
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Responsibility
Responsibility, i.e., the area that an employee is obliged to take care of and be punished in case of violation. For a cleaner in an apartment building this is:
- order and cleanliness of places and premises assigned for work;
- fulfillment of duties in a timely manner, according to the established regime and schedule;
- integrity of household supplies and funds;
- safety of cleaning and cleaning methods used;
- safety of all objects and things in the entrusted premises.
The cleaning master is also responsible for his location during the working day - he must be in the work area.
Do I need to register?
The simplest procedure is to conclude a contract or civil law agreement - you do not need to do anything to register them. If only the contract contains an entry on compulsory insurance, the manager must register as an insurer: he must contact the Pension Fund at his place of residence within a month from the date of signing the contract.
The procedure for signing an employment contract is as follows:
- the document is entered into the registration journal;
- the organization issues an order to hire an employee; the leader does it;
- the new employee is introduced to the working conditions and rules at this enterprise, this is recorded in the documents.
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- How are tariffs determined and payments for electricity and heating calculated?
- What are the rules for paying utility bills?
- What is common property and common areas in apartment buildings and are owners required to maintain these areas?
- What is management of non-residential premises and how to conclude an agreement?
- Should owners pay for major and current repairs?
