Start of Employment Contract
Determining the moment when an employment contract comes into force has a pronounced practical value as it marks the beginning of mutual rights and obligations. It allows the employer to record an individual as an employee when calculating the average staff number, calculating work experience, granting a paid leave, etc. In the text of the Labor Code of the Russian Federation there is no definition of the notion of “start of employment contract”. However, it is possible to deduce a single rule for all cases: the employment contract takes effect from the moment of the labor relationship that arises between the employee and the employer when an employee begins work with the knowledge of the employer. For the labor contract to come into force, impartial actions of the parties are necessary that are aimed at the implementation of the employment contract. The conclusion of the contract may coincide in time with the abovementioned actions or may be separated in time. In the second case, in the absence of the fact that the employee began performing the labor function defined in the contract in the conditions when he or she was admitted to work by the employer or his authorized representative, the labor contract remains unfulfilled.