Place of work is a mandatory or additional condition. What is the place of work in an employment contract? What does place of work mean in an employment contract?

Place of work, according to Art. 57 of the Labor Code is a mandatory condition to be included in the employment contract.

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But in the Code itself, not only is this concept not explained at all, but in some cases it has different meanings. Because of this, there is often a misunderstanding of the provisions of the law, which can lead to labor disputes in the future.

Normative base

Like all points relating to the relationship between the employing organization and hired personnel, the indication of place of work in documents is determined by the norms of the Labor Code.

The problematic concept is found in sections devoted to:

• registration of an employment contract;
• changing conditions;
• vacations;
• guarantees and compensations;
• labor protection, etc.

And yet, there is no clear definition of what this very place of work is.

Perhaps the only indication is Part 2 of Art. 57 of the Labor Code, which states that if an employee is hired not at the head office, but, for example, at a branch, representative office and other units in another location, then this must be reflected in the contract itself. The same applies to signing an agreement with a remote worker: it is necessary to indicate the place of his work (Article 312.2 of the Labor Code).

As a result, in different articles, the place of work is understood as either the name of the employing company, or its location during the day, or even a position.

This position of the legislator does not allow the use of an unambiguous interpretation of the term and introduces confusion into the documentation.

For example:

Let’s try to clarify the question of what a “place of work” is.

To do this, let’s compare it with the term “workplace,” which is similar in sound and meaning. Its definition is in Art. 209 TK. According to it, this is that part of the territory controlled by the employer where the employee must be located.

It makes sense to indicate it in the employment contract only when it is located somewhere outside the employer’s territory.

It turns out that the employee’s place of work in the employment contract is something different from the workplace.

But what exactly? The law does not explain. It only indicates the need to include a condition about this very place of work in the employment contract.

It is logical to assume that the place of work is more likely related to a specific employing organization and position than to a point in space.

This is indicated by the wording of the articles where this concept is used. But even in the science of labor law there is no consensus on what should be considered a place of work.

Position of the Supreme Court

The lack of a unified legal position regarding the term forced the Supreme Court to express its opinion.

The immediate reason that necessitated the need to provide an explanation was labor disputes concerning work in the Far North, or more precisely, the calculation of various territorial coefficients and the receipt of benefits related to the specifics of work.

The Supreme Court indicated that the place of work should be considered a specific organization (branch, department, section, etc.) located in a certain area.

That is, the employment contract should indicate the name of the employer (full and abbreviated), as well as its legal address (locality) or the address of a separate unit if it is located in another locality.

How can the place of work be designated?

Based on the position of the Supreme Court, it can be assumed that without indicating both components, the condition on the place of work will be incomplete. Let's try to figure out how this clause should be formulated in the contract.

Like the terrain

In Labor Code articles talking about transfer to another job, the term “locality” is present.

In relation to labor relations, it is understood as a specific locality.

Indicating the location is important in the following cases:

• transfer (possible only with the consent of the employee);
• provision of guarantees (their set is associated with certain territories).

That is, indicating the location is necessary to protect the rights of workers. But it alone is clearly not enough. More specification is required.

Specific address

The Labor Code insists on the mandatory indication of the address of the workplace only in a situation where it is located in a separate unit in another area.

In other words, when the head office and office (workshop, hangar, warehouse, etc.), where the employee is directly located, are located in different localities.

In all other cases, indicating the exact address is not necessary.

It will be enough to indicate the name of the unit and its location.

There is no need to make changes to the employment contract if the employee moves from one unit to another within the same locality.

Employer's legal address

Indication of the legal address of the organization in the employment contract is necessary if it coincides with the actual location of the workplace.

In addition, if a dispute arises with an employer, you should go to court at the place of registration, so such an indication of the place of work should be considered correct, but in some cases insufficient.

Name of employing organization

The name of the employer is written in the employment contract twice: in information about the parties and in the terms of the place of work.

A number of legal scholars consider this unnecessary, but the Supreme Court insists on including the name of the employer not only in the information, but also in the mandatory conditions of the employment contract.

To ensure that the inspection authorities do not have any complaints in the future, it is worth fulfilling this requirement.

How to write it correctly?

If for employees who spend the whole day in a limited area owned by the employer, the workplace and the place of work coincide, then they will not have problems drawing up a contract.

The situation is different when an employee appears in the office infrequently, due to the characteristics of his profession.

For couriers

The place of work of couriers should, of course, indicate the organization and its location - for example, Galaktika LLC, Moscow.

And to note the specifics of the activity, it is indicated that the work is of a traveling nature.

For drivers

The same rule applies to drivers.

The organization or its branch is indicated as the place of work. But the nature of the work will be somewhat different - on the road.

For remote workers

The law has recently put an end to the question of how to indicate the place of work in an employment contract for remote work.

For shift workers

But for shift workers, you will have to register not only the name of the company, but also the specific location of the work: settlements, fields, etc.

This is due to the fact that the workplace and the head office are separated by many kilometers.

In addition, such work is often carried out in areas where the legal features of labor organization apply.

How can I change this information in the contract?

Changing information about the place of work in an employment contract is possible, but only if we are talking about the same employer, for example, when transferring to another branch.

Since this is one of the mandatory conditions, then, according to Art. 57 of the Labor Code, it can be changed by drawing up an additional agreement and attaching it to the contract.

If we are talking about a change of employer, then changes are not made to the contract.

At the previous place the contract is terminated, and at the new place another one is concluded, indicating the current place of work.

FAQ

Is it possible to indicate two places of work?

No, because the place of work is the name of the employer.

But an employment contract can indicate two jobs. And it’s even necessary if the employee really has two of them. It is also advisable to indicate when exactly the employee is required to be at each of them.

At the same time, only the legal address of the employer is specified in the mandatory conditions - that is, the place of its state registration. And in additional conditions it is already possible to clarify the location of workplaces.

What to do if such information is not indicated?

One of the mandatory conditions that must be specified in the employment contract when concluding an agreement to begin cooperation is the indication of the place of work.

This item has nothing to do with the workplace, so when writing it, you should take into account the presence of nuances that affect this item. For organizations whose legal address coincides with their direct workplace, there are no difficulties when filling out this line. But what if the company is a branch or division? How to correctly enter information for remote employees or for those who have a traveling nature of work? The employer must know all this, because it does not tolerate mistakes and inaccuracies.

Name of employing organization

Should I indicate the name of the employing organization again when describing the place of work? This point is also interpreted in two ways. On the one hand, it undoubtedly makes sense in the indicated line to start with the name of the organization, then indicate the name of the structural unit and complete everything by indicating the exact address. On the other hand, such a tautology is absolutely meaningless, because the legal name was declared at the very beginning of the contract, and the place of work cannot be provided by another legal entity.

Labor legislation allows the employer to decide for himself what to do correctly in this situation.

There is no indication that this is mandatory or that this approach is prohibited. For an organization, it is better to overdo it a little with clarifications than to understate the obvious. For this reason, in order to avoid certain inaccuracies, it is better to make a step-by-step description of the place of work, starting with the name of the employing organization.

Place of work in a separate department

When the organization is both the head office and the place of work of the hired employee, it is not necessary to include specifications regarding the location in the clause of the contract. But if the hired person performs his duties in another department, workshop, warehouse or office, then clarification on his location will be required in any case. This is clearly stated in Article 57 of the Labor Code of the Russian Federation.

Despite the fact that labor legislation requires specifying the structural unit into which the employee is hired and where he will directly perform his work duties, there is no reference in the article to the fact that it is necessary to indicate the address of the building. Only the need to clarify the location is specified.

When registering an employee in one of the structural divisions, it is recommended to follow the following procedure for describing his affiliation:

1. The name of the employer's organization itself.
2. Name of the structural unit.
3. Location.

This information may look like this:

LLC LUKOIL-ENERGOSETI, Astrakhanenergoneft, Astrakhan.

Representative office and branch

When sending an employee to one of the branches of a company or its representative office, it is understood that he will work in the company, but its location is different from the location of the head office. Large companies may have branches and representative offices both on the territory of the Russian Federation and abroad. This case requires mandatory clarification in the contract, as it may cause misunderstanding, and is interpreted as withholding information from the hired person. When signing an agreement, a citizen must clearly understand what obligations he is taking on and where he will fulfill them.

If the representative office is located in another federal district or even outside the country, then its location should be specified as accurately as possible.

1. Company name.
2. Name of the branch or representative office.
3. Federal district of the Russian Federation or country (if we are talking about another state).
4. City.

A specific address may or may not be provided as desired.

Place of work for certain categories of workers

Understanding the intricacies of correctly indicating the place of work for permanent stationary employees is not so difficult. But what to do if the very nature of the work involves constant movement?

In modern realities, there are many professions that, due to the nature of their activities, are not required to appear in the office, and if they do, they do so infrequently and are in the room for an extremely short time.

Such professions include:

1. Couriers.
2. Drivers.
3. Forwarders.
4. Merchandisers.
5. Remote employees.

They move from one work point to another and spend at least a few minutes at each of them. How to fill out the column we are interested in in the agreement in this case?

For couriers, drivers

An employer should not be afraid of the incomprehensibility of the question when hiring a courier, driver, forwarder or other employee whose work must take place outside the office walls. In this case, the location of the office itself, as well as the city in which it is located, should be indicated in the work agreement. No conflicts with legal regulations will arise if the terms of execution are specified in the agreement as a separate line.

For different professions, the conditions will be set out differently:

1. The agreement with the courier should state that he is expected to have a traveling nature of work.
2. For drivers and forwarders, it is necessary to indicate that their duties will be performed while en route.

The wording may vary, but the main thing is not to forget to make such clarifications in the documents.

For remote workers

Remote employees may not show up in the office. They are given assignments remotely, and work is accepted in the same way. They appear in the office once when they are employed. What should an employer do in this case?

In recent years, this issue has become more acute, as more and more companies prefer to transfer some of their employees to remote work.

Such employment reduces some of the costs of organizing workplaces and technical support for employees, and also allows the employee to vary his day and complete tasks at a time convenient for him.

For several years, there have been lively debates about how to properly employ such employees and what to indicate in the line about the place of work. Today, the answer to these questions has not only been received, but also enshrined in the Labor Code of the Russian Federation. Article 312 of the Labor Code states that for remote workers, the place of work is considered to be the location of the office of the company in which he was hired. And where the person himself will be does not matter. At the same time, the agreement must indicate that the hired person is working remotely or. This clarification can be made both in a fixed-term contract and in an agreement without a term, for permanent employees or those who work part-time.

Cases of change of place of work

Long-term interaction between the parties may lead to changes in working conditions. The clause on the location of the place of work is also subject to change. Changes are possible if an employee, on his own initiative or at the will of the employer, is transferred to another branch or city within the same company. Do not forget that the agreement itself is a bilateral document that was signed with the goodwill and consent of both members of the labor interaction. Accordingly, all changes to it are also made through bilateral agreement. If the employer intends to transfer the employee to another branch and change the information specified in the agreement, then he is obliged to notify the hired person about this.

When it comes to changing an employer a priori, we are not talking about changes. In this case, the citizen resigns from one organization, severing relations with the previous employer, and enters into new ones. And the new employer specifies all working conditions in the contract, including the place of work.

Registration procedure

If there is a need to change information about the place of work, the employer must follow the following procedure:

1. Provide written notice of changes to this clause of the agreement.
2. Give the notice to the employee at the workplace or send him the document by registered mail.
3. Receive a written response from the employee.

The employee may agree to the transfer to another office or refuse it. He expresses his opinion in writing on the notification received, with the words “agree” or “disagree.”

Further actions of the employer depend on the consent of the other party. If it is received, an additional agreement is prepared specifying the changes. If there is disagreement, the employee continues to work in the same mode and in the same place.

You might be interested

This information must be written down in the document not in every case, but only in those specified in the law, namely:

• if you have to work in a branch;
• at the representative office;
• in a structural unit.

It is important that such a place of work is remote– was located in a different area than the organization’s main office.

Simple example: The company operates in Moscow, but has a production workshop in Voronezh, which operates as a branch. In this case, the employment contract must indicate that the employee is hired to work in the “capital of the Black Earth Region”, and not in the main city of the country.

Important! When considering the issue of place of work, you should know that the Labor Code of the Russian Federation has rules regulating the remote activities of hired employees.

So, in Art. 312.1 there are provisions that indicate that an employee can conduct his activities not in a representative office or branch, but in another territory that is in one way or another controlled by the employer.

Example: The company is engaged in advertising activities in St. Petersburg. Every day the company needs to produce new models. She was unable to find a talented designer in the city. But such a person was discovered in Volgograd. He copes with the job quite well: he communicates with management via video conference - via the Internet, and sends the results of his work by e-mail. Thus, the place of work of such an employee will not be St. Petersburg, but Volgograd.

Opinions differ in legal science about what exactly is considered a place of work. The Supreme Court of the Russian Federation and Rostrud are trying to clarify the issue. And, in general, they succeed. Taking into account existing explanations, we can come to the conclusion that In the employment contract it is enough to indicate:

1. name of the structural unit;
2. his location.

It is more difficult to resolve the issue in cases where an employee needs to work in an area where there is no branch or representative office. But this will be discussed later in the article.

Differences in wording

There is serious confusion about these two concepts. If the place of work is mentioned in Art. 57 of the Labor Code of the Russian Federation and in some other articles, then the definition of a workplace must be sought in Art. 209 Labor Code of the Russian Federation. It says the following location:

• where the employee should be or where he should arrive;
• being, to one degree or another, under the control of the employer.

At first glance, the difference is small, or not at all. Is it so? For a better understanding of the differences, you should refer to Art. 81, where, among other things, we are talking about dismissal for absenteeism. It says there that absenteeism is considered to be the absence of an employee from the workplace for more than 4 hours during a work shift unless there are good reasons.

Thus, based on logic, it can be noted that the workplace is a more specific concept.

For example: place of work – Kursk branch of Brothers-Mechanics LLC. And the workplace is workshop number 1, located at the address: Kursk, Lenin Street, building 52. However, this position is not true for everyone. The issue remains debatable.

But it seems that in order to ensure legality in the field of labor relations, it is necessary to issue local regulations, where it would be specifically indicated to which, say, machine the turner is “assigned”, to which department the store employee is “assigned”.

As for the place of work, which must be specified in the contract in the cases specified in the article, then here too the position of the “personnel officers” is not established. Some believe that it is enough to indicate the name of the branch or separate division. Others say that this information is not enough.

Attention! When it comes to documents and legal requirements, it is better not to neglect the details.

1. name of the branch or division;
2. his exact address.

If this is done, then there will be fewer disagreements and disputes in specific situations.

Conditions for certain categories of workers

If, say, a certain office worker works in a branch, then indicating his place of activity will not be difficult.

• A person is constantly in one place, the address of which is determined and known. Another thing, for example:
• employees working on a rotational basis;

couriers or active sales managers who have a traveling nature of work (how to indicate the nature of work in a TD, including traveling, is described).

What to do with them? The legislator in the Labor Code of the Russian Federation and the Supreme Court regulate these issues in their acts. It may not be as obvious as we would like, but the necessary information can be obtained and assimilated.

1. What is important to pay attention to:
2. The Labor Code of the Russian Federation uses the word “other locality”.

This document also refers to the “territory” directly or indirectly controlled by the employer. Thus, if an employment contract is concluded with a shift worker, courier or other employee who “can’t sit still,” then it seems that

1. in the clause of the contract on a variable place of work you need to specify:
2. name of the branch to which he is “assigned”;
3. address of the location of the structural unit;

What to do if this moment is not indicated in the document?

Of course, the consequences of this depend on the specific situation. One thing can be said unequivocally: if an employee works in a branch located in a different area, and this is not mentioned in the contract, then there are violations of labor legislation. The employer may be held liable.

Reference! It is better that the contract indicates only the name of the branch and its address. Everything else is specified in local acts.

But something else is interesting: if the place of work is not included in the contract, then it is difficult to prosecute an employee for absenteeism and, accordingly, fire him. It was stated above that absenteeism is the absence of an employee from the workplace for more than 4 hours without good reason. It was defined that the workplace is something somewhat different from the place of work. Nevertheless, if a conflict arises, then you can start from the second concept.

And if it is not discussed in the contract, what should you focus on? It may be possible to use other documents as evidence. But there are no guarantees.

Thus Information about the place where an employee should be during a shift should be written down in the contract and in other documents. But you need to remember one more thing: if the description of the place of work in the employment contract is too detailed, then you may encounter difficulties even in, say, the following situation: when an employee needs to be transferred from one department of the store to another.

Thus, when filling out the “place of work” column, the employer or his employee dealing with personnel issues needs to be very careful.

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The importance of defining these two concepts is due to the fact that the first category is essential clause of an employment contract(TD).

If the employment contract does not indicate the place of work, or it was incorrectly interpreted, this may lead to certain consequences not only for the employee, but also for his employer.

Concept

Labor legislation reveals only the definition of the concept of “workplace”. By it is meant specific location of the employee, in which he performs his work activity or must go due to the need to perform certain work.

At the same time, it is noted that such a territory must be controlled by the employer, directly or indirectly. The law does not contain a definition of the concept of “place of work”. Analyzing regulatory legal acts, we will try to develop its definition or at least clearly identify the difference in the terminology of the two concepts.

The terms “place of work” and “workplace” (in an employment contract) are territorial in nature, that is, they imply work in a specifically defined place.

This is their universal property. The first of the terms is clearly dynamic, that is, it means that the place where a person performs his labor function can change.

Changing the location of an employee is associated with the need to perform his work function in full.

For example, an employee of the prosecutor's office goes from the building of the main place of work - the prosecutor's office - to the court to defend the rights of an indefinite contingent of people.

Another category is characterized by staticity, that is refers to a specific object, building, perhaps a structural unit - a branch or representative office - where a person works in accordance with labor and legal documents.

If we refer to the above example, then such a place for an employee of the prosecutor's office will be the building of the Prosecutor's Office, located at the appropriate address. And for an employee of a private organization, this is, for example, the building of Horns and Hooves LLC, OJSC, and the like.

The role of the “place of work” clause in an employment contract

REFERENCE. The term “place of work” in an employment contract is an essential condition. If the parties initially forgot to indicate such a clause, then it is added to the employment contract as a separate appendix or agreement.

Regarding the concept "workplace", that is unimportant point, included in employment documents purely at the request of the employer.

The concept of “place of work” is indicated only by specifying the location of a branch, representative office (other structural unit) in some cases when the work is performed in a structural unit in another location.

Also the term appears in the Labor Code of the Russian Federation, when the legislator guarantees that a worker who is temporarily unable to perform work duties due to illness, pregnancy and other similar reasons will retain a place of work.

The legislative concept is complicated by such categories as “structural unit”, “other locality”, “location”.

What is meant by “other locality”?

Is this a different city or region? Or maybe we are talking about a foreign country?

We believe that here it is appropriate to talk about both the city and the region, and even about a foreign country.

Thus, we are talking about a branch/representative office/other structural unit in another city, region, or country. Using a systematic analysis of existing labor law standards, we conclude that location is nothing more than organization address.

Filling rules

What should be indicated in the employment contract under the clause “place of work”?

Let's take a situation where the company's main office is located in Moscow, and its branch where the employee works is in Naberezhnye Chelny. Here, data indicating the company’s branch in Chelny is entered into the employment documents. The address (street, house) is specified.

For a detailed overview, let’s call the company “Lastochka”. Let the employee work in a branch of such an insurance company. Then the location of his work is as follows: a branch of the Lastochka insurance company, located at the address: 423800, Nab. Chelny, st. Komissarova 57/11.

If the organization does not have the above-mentioned divisions, then it is indicated that the citizen performs labor duties at the Lastochka Insurance Company, located at the address: 115280, Moscow, st. Leninskaya Sloboda, 63.

The workplace has a more specific meaning. Where legislation cannot comprehensively address a particular issue taking into account all the details, by-laws come to the rescue.

For example, the definition is disclosed in SanPiN dated October 1, 1996 No. 21 as a section of the premises where work is performed during the entire work shift or part of such a shift.

Logically, the general conclusion suggests itself that a workplace should be considered a certain part of the organization’s territory, where the employee works at a certain point in time. Such territory may change with the need to travel to other areas of the territory for labor issues.

Below is a sample of filling out the “place of work” clause in an employment contract:

Shift worker

The shift method of performing work duties is marked by its own characteristics.

The legislator, explaining the characteristics of the shift, makes it clear that the employee’s place of work during the shift is located at a great distance from the place where his home or the main office of the organization where he works is located.

This means that these territories do not coincide.

The place of performance of the labor function will accordingly be the territory, the object in which the employee directly works. For example, repair and construction work is carried out on a rotational basis, remote from the populated part of the area.

Driver (courier)

Driving and courier work also has its own characteristics (variable place of work in the employment contract), which provide for a constant change of location, usually within the same locality or between different such localities.

Here the location at a specific period of time is determined by the customer, and sometimes there are several customers during one work shift. It seems that the most accurate would be to designate the place of work as the territory where the main office is located, and if there are structural units of the organization, then a branch (representative office) in the locality in which the employee mainly moves or, if its definition causes certain difficulties, the main office.

Legal meaning

Legal meaning of certainty in terminology huge. An incorrect interpretation of the concept may, for example, negatively affect the fate of the employee.

Thus, the legislation provides for absenteeism or absence from work without good reason for more than 4 hours continuously.

And if an employee stops agreeing with his boss for some personal reasons, he may try to take advantage of the situation.

The law provides for the ability of an employer to fire an employee for being intoxicated at the workplace.

And if there is conceptual uncertainty, the employer will have obstacles to freeing up this particular position for a more worthy and worthwhile employee.

Here we should remember the labor protection guarantees that the employer may violate if the terms are misinterpreted.

For example, that the workplace must comply with standards established at the state level. Difficulties arise when trying to achieve guarantees of compensation for work performed in harmful and dangerous conditions.

In addition to the above, when replacing the concept of “place of work” with “workplace,” the employer has additional responsibilities when the worker’s location constantly changes, otherwise such movement, or, in legal slang, transfer, will be illegal. And the employee can also take advantage of such a formal situation and go to court.

Conclusion

As you can see, just one substitution of concepts or incorrect interpretation of a term can lead to serious legal consequences. There are frequent errors during judicial consideration of a case due to the lack of a clear terminological position of the legislator.

Therefore, it is important to always carefully study more than one source in order to understand what the legislator wanted to say in this case, but it is better to seek advice from a professional.

On the role of the term “place of work” in an employment contract, watch this useful video:

The employment contract is drawn up in accordance with all the rules of labor legislation. Among the mandatory points that must be written is the place of work in the employment contract. The absence of this clause may result in serious financial losses for officials. But not everyone knows what this concept means and how to use it correctly so that the contract is recognized as valid.

The most interesting thing is that the term “place of work” is not directly defined in the legislation. Its meaning is much broader than ordinary people are used to thinking. In this case, the clause is mandatory, and the employer cannot enter into an agreement without specifying this circumstance.

In standard samples, the place of work in the employment contract is indicated as the address of the organization in which the employee is employed and its name.

It also says whether the office is central (by default) or is it a branch of the parent company in a given city. This is the specific location of the employee where he will perform his immediate duties. If this is a branch, then it is mentioned in which city it is located.

The legislation stipulates that the territory, directly or indirectly, must be controlled by the employer organization. When indicating the place of employment, you can indicate not only a specific building, but simply a city, an object, or even a foreign country. In this case, the wording is chosen by the employer himself and only the territory where the employee fulfills his labor obligations is mentioned. The contract may simply say “ Moscow».

It is important to understand that the place of work can be static, when a person is constantly located in a specific building at a specific address, as well as dynamic, when an employee has to move around and be constantly on the road.

There are certain features in fixing the shift work method. In this case, the work address may be far from the company’s main office. Repairers, construction workers, miners and mineral developers typically work on shifts.

The employer has the right, when specifying a location, not to be limited to a specific unit, and in this case may ask the employee to move as necessary. For example, an indication that an employee has been hired as a cashier in a restaurant chain means that during working hours he can be sent to any of the restaurants in this chain, and not just the main one. That is, today you work in one of the restaurants of the chain, and tomorrow you go to the other end of the city, at the request of your immediate supervisor, to a restaurant of the same chain.

This is provided for by law and is explained by the fact that in employment documents, the network is indicated as the place of work. In this case, the manager may not even warn the employee about this in advance.

For employees who work remotely, their place of work is considered to be their actual location.

The employee’s place of work in the employment contract should not be confused with the workplace. These are slightly different concepts. The workplace is clearly defined by law. This is the place where the worker is directly located during working hours. It meets all safety standards and has all the conditions for performing work duties. This is a specific office, store, warehouse, room where this employee performs his functions and daily duties. The workplace is used as a reference point for the employee to be in place.

The difference is that the place of work must be indicated in the employment contract, but the workplace is not. Changing the place of work, if it is located within the same locality, does not require the consent of the employee, while changing the workplace without the consent of the employee is impossible.

Many experts say that describing a specific area as a place of work will not be entirely correct, although it is permissible by law. First of all, you cannot include the territory of a locality in employment documents if there is no branch or branch of the company on it. This most often applies to remote workers who can perform their functions in another city.

Filling rules

The field indicating the employment address in the employment agreement must be filled out. According to this column, the following data should be entered:

1. Full name of the organization where the employee will work.
2. An indication of a specific branch and its address.

Also, in the form of clarification, there may be information about a specific workshop or small department. In cases where the job requires constant travel, for example, as a driver or courier, in the “place of work” column you need to write the location of the company’s central office. But then the nature of the labor functions will also have to be written down.

For example: “the position of a driver with traveling work throughout the city and region.”

In addition to the place of work, the employment contract must indicate the nature of the work, as well as the conditions, requirements for the duties performed and the period for which the document is concluded, if it is urgent. It is also necessary to clarify whether such work is main or part-time.

In addition, the meaning of place of work changes depending on what it is used for. If this is an employment contract, then the employer’s address is considered the place of work. When transferring and leaving, this concept is the position of the employee. For work on a rotational basis - the workplace itself.

The place of work and the workplace in the employment contract differ in that the employee must be at the workplace during working hours directly, while the place of work is, in principle, the address of the territory controlled by the employer.

The procedure for making changes to the contract when changing jobs

First of all, it is important to understand that any changes to the employment contract are made only by agreement of the parties. A change in place of work can only occur in the case of transfer to another structural unit, as well as in such a change in job responsibilities that involve relocation. But the transfer can only be carried out with the consent of the employee. However, he has the right to refuse.

Initially, an agreement must be drawn up in two copies and registered in accordance with the internal rules of the organization. Both copies must bear the signature of the employee. One is given into his hands.

To edit the contract, you must issue an order. It is written in free form. At the top is the name of the organization and its registration codes. In the center is the title of the document: “ Order" Then the title - “On amendments to the employment contract, number such and such, which was concluded with V. A. Petrova.” Then the date of the order is indicated.

After this, the basis of the document begins, which indicates the basis for changing the employment contract, as well as the essence of the changes. The date from which the order is valid must be indicated, and responsible persons must be appointed who are responsible for the implementation of the order. The form must contain the signatures of the employee, supervisor and responsible persons.

Legal meaning

The place of work is an important point in the employment contract, which has broad legal significance. Many managers confuse the concepts and assign the workplace as the place of work, absence from which for more than 4 hours may result in disciplinary punishment.

A place of work is just a certain territory, and a workplace is a specific place where an employee performs his functions.

His employer is obliged to arrange in accordance with all the rules and regulations of SanPin. The workplace must be safe, comfortable, not harmful to health and allow the employee to perform all necessary functions.

Important! This term appears in labor legislation if it is necessary to protect the rights of an employee regarding maintaining his job in the event of vacation, sick leave, and also during maternity leave.

By the way, in this case, the set of guarantees and payments is related specifically to the place of work, since many insurances have a difference in amount, depending on the region of the country. Therefore, the location must be indicated without fail. Mother's benefits when going on maternity leave differ for employees in Moscow and, for example, in Pskov.

The employer should know that if the place of work is not specified in the employment contract with its employees, management may have serious problems with the labor inspectorate.

It is worth mentioning separately the position of the Supreme Court on this issue. In full accordance with his position, let’s look at the nuance: what is the place of work in the employment contract, what should be indicated? This could be several points:

1. The full name of the employing organization.
2. Indication of the area controlled by the employer.

It is important that when an employee joins a company, he carefully reads what he signs, otherwise mistakes may have a negative impact on his career and work activity. The best option would be to indicate in the document not only the location, but also the exact address of the employer. However, any transfers must be made only with written consent from the employee.

Legal practice, which knows a lot of litigation on illegal dismissals and violations of employment contracts, shows that the term “place of work” is too poorly defined in our laws, and therefore raises many questions.