Sooner or later, almost every businessman is faced with hiring staff for his company. Selecting applicants and hiring them is not an easy process, but it’s not for nothing that large companies have special services that deal with this. Once a suitable person has been found, he must be properly formalized before he begins his duties. Labor legislation quite strictly regulates how to hire an employee and what documents need to be prepared for this.
Documents required for employment
We will not dwell on the stage preceding the hiring of a new employee: interviews, testing and other procedures that the employer carries out to ensure the suitability of the candidate. Before inviting a person to check out labor agreement, you need to make sure that he has all the necessary papers:
- passport;
- TIN and pension insurance certificate;
- educational documents;
- employment history;
- military registration documents (for those liable for military service).
If an employee gets a job for the first time, he may not have a work book, tax certificate, or SNILS. The registration of the work book is the responsibility of the employer, and other documents can be requested later.
A number of positions require a mandatory medical examination: for workers in contact with food, medical staff, security officials, drivers, etc. Employees belonging to these categories must present a medical examination certificate.
If everything is in order with the papers, the applicant must write a job application. The application is approved according to the route provided for by the internal regulations of the organization, and only after receiving the director’s visa can one begin to compile a package of documents for the employee.
Registration of an employment contract
An individual can be hired either under an employment contract or under a civil law contract. The first option involves including an employee on the staff of the enterprise and recording it in the work book (except for part-time workers). In the second case, it means working outside the state, without paid vacations and sick leave.
Most enterprises hire personnel “on the basis of employment” with the conclusion of a fixed-term or open-ended contract:
- By urgent agreement an employee is involved in work for a certain period, for example, 1 year with a specific dismissal date, or for a period the end of which will be determined by the departure of a temporarily absent main employee. The most common formulation is during maternity leave.
- Unless otherwise specified in the text of the contract, it is considered to be of unlimited duration, and the employee is considered to be hired for permanent employment.
The contract with an employee hired must disclose everything essential conditions labor:
- position and department;
- physical place of work;
- operating mode;
- amount and procedure of payment;
- additional conditions;
- functional responsibilities.
Mandatory points are the rights and obligations of the parties, the procedure for resolving disagreements between the employee and the employer. If a probationary period is provided upon admission, information about this must be recorded in the employment contract indicating the probationary period. According to the Labor Code of the Russian Federation, it cannot exceed 3 months, and a managerial employee can be hired with a six-month “check.”
The employment agreement is drawn up in writing, in two identical copies - one for each side. The agreement is sealed with the signatures of the employee and the head of the organization and a seal. The employer's copy is subsequently stored in the employee's personal file, the second copy remains in his hands.
Documents signed along with the employment contract
How to hire a person if his position involves interaction with money, goods, material assets, confidential data? Documents regulating these issues are signed simultaneously with the employment agreement.
First of all, we are talking about an agreement on full financial liability. Without it, a newcomer cannot be allowed to access commodity-money values, even if he is still in the status of a student, trainee, working under the supervision of a mentor. Many organizations consider all personnel as MOL, obliging each employee to be responsible for the property entrusted to him (furniture, office equipment, etc.). In such cases, the agreement on financial responsibility is included with the standard “reception” package of the personnel officer.
Non-disclosure documents are responsible for the protection of personal data, commercial, official, and bank secrets: the employee who signs such a document undertakes not to transfer information included in the list of confidential information to third parties. Violation threatens him with, at a minimum, dismissal, and at maximum, criminal prosecution.
If the list of functions of the hired employee includes many items, requires detailed disclosure and involves making changes, it is better to remove it from the contents of the employment contract and draw it up as an appendix. This document will be an integral part of the contract, but its separation will allow you to supplement responsibilities without redoing and re-signing the main contract.
The procedure adopted in the organization may provide for familiarization with signature with internal regulations: job description, labor rules, regulations and regulations. These papers are usually given to the newcomer to read and sign during the hiring process, and the familiarization sheets are placed in the employee’s personal file. After employment contract and all accompanying documents are signed, they are registered in the personnel ledger.
The order of acceptance to work
Within three days from the date of conclusion of the contract, an order for employment must be prepared. For this personnel document, a unified T-1 form is provided.
The order states:
- Enrollment Date;
- conditions of employment (permanently, temporarily - for how long, when replacing an absent employee - indicating his full name, part-time);
- position and structural unit;
- salary;
- test period.
After reading the order, the employee signs it, and the document itself is registered in the personnel orders journal. If, after applying for a job, the employee does not show up for it, and such situations are not uncommon, the order can be canceled without registering it anywhere or making an entry in the work book.
Entry in the work book
If a person entering the enterprise has never worked anywhere before and does not have a work book, he needs to get one. A designated personnel employee is responsible for preparing new books and filling out old ones; he also keeps records of them in a special journal and organizes their storage.
An entry for employment is made only after the personnel service has received an order for the employee with a signature on familiarization, but no later than 5 working days from the date of the contract. To be hired for a part-time job, you do not need to fill out a work book. If a person wants to record the fact of combination, he can do this at the main employer.
Registration of a personal card
A personal card is a mandatory personnel record document. It is created in form T-2 (T-2GS and T-4 for civil servants and scientific employees, respectively) at the time of admission and throughout the entire period of stay in the organization, records all significant facts relating to the employee: transfers, vacations and other events formalized by orders . Personal cards exist in paper form, and all information entered in them is communicated to the staff against signature.
Instructions on how to properly hire a person usually contain the item “drawing out a personal file.” This is not necessary, but to maintain order in personnel document flow, it is recommended to create a separate folder for each person where all necessary papers are stored: copies of documents, orders, personal cards, etc.
Hiring a minor
- age over 14 years;
- parental consent;
- easy working conditions;
- no medical restrictions.
The working day of such an employee cannot last more than 7 hours (for children over 16 years old), and the limit for students is 4 hours. In addition, employees under 18 years of age are not given a probationary period.
To hire a minor, you need to request a set of documents from him:
- birth certificate;
- the child’s passport and a copy of the passport of the parent who gave the work permit;
- itself written permission from a parent;
- school certificate (if available);
- for students - certificate from educational institution with lesson schedule;
- INN, SNILS (if available);
- registration certificate (for boys registered with the military);
- medical certificate
Registration of foreign workers
Problems with employing workers who come from other countries are related to the requirements of migration legislation. From the point of view of processing personnel documents, there are no special differences between a foreigner and Russian citizen No. There is a difference in the hiring rules themselves.
An organization can hire a foreign citizen only if it has received permission to do so. For enterprises that need the labor of visa-free migrants, the FMS allocates quotas for attracting foreign workers. The exception is for persons recognized as refugees or who have received temporary asylum in the territory of the Russian Federation - they can be accepted without restrictions. The same rule applies to foreign students undergoing full-time training, and employees of organizations - foreign legal entities.
Invitation to work for Russian companies of highly qualified “imported” specialists with an annual income of 2 million rubles. requires special permission.
When applying for employment, a foreigner is required to present documents legalizing his stay on the territory of the Russian Federation (migration card, visa) and giving the right to work (work permit, patent).
After completing all formalities, each newly concluded employment contract must be registered with the Pension Fund and the Social Insurance Fund. For violating this procedure, a fine may be imposed on the employer.
An individual entrepreneur in the course of his activities is faced with a variety of complex issues. One of them is how can an individual entrepreneur formally register an employee if, for example, he had no employees until this moment? After all correct filling all documents will protect the entrepreneur and his staff from possible problems with tax or other authorities.
How to register an employee as an individual entrepreneur?
In order for an individual entrepreneur to be able to hire employees, it is required. If the activity is based on a patent, then you can hire no more than five people to collaborate as employees. Before hiring personnel under an employment contract, familiarize yourself with the relevant legislation to avoid inaccuracies and troubles associated with the preparation of personnel documentation.
If you cannot cope with hiring an employee on your own, you can contact a specialist who will help you with this issue. It will be possible to cooperate with him through a service contract if he is also an individual entrepreneur.
How to hire an employee to work for an individual entrepreneur under an employment contract?
When hiring employees, the entrepreneur not only incurs additional costs, but he also has new obligations both to the employee and to the state. The scope of these responsibilities depends on how the contract will be concluded and what clauses it will include.
The procedure for individual entrepreneurs when hiring an employee for a position
- It is necessary to conclude either an employment contract or a civil law contract with the employee.
- In what case is an employment contract concluded? If the future employee will perform the same type of work for a long period of time, such as a salesperson, security guard, etc. The employment contract outlines all aspects of the work schedule, remuneration, responsibilities of the employer and employee.
- Civil law is concluded in cases where the employee will perform work one-time for a certain period of time and with a time limit for performance. For example, developing the design of an organization’s website, carrying out repair and construction work on the company’s premises, etc.
- Within ten days after the employment contract is concluded, the entrepreneur must register with the Social Insurance Fund and the Health Insurance Fund as an employer.
- Within one month after the conclusion of the employment contract, the individual entrepreneur must register with Pension Fund Russian Federation as an employer. After registration has been completed in all funds, the entrepreneur will receive special notices indicating numbers for paying taxes on the employee. They will differ from those that were assigned to individual entrepreneurs to pay taxes and other contributions for themselves.
- We directly conclude a contract with the employee and draw it up in accordance with current legislation. We make a note about the acceptance of an employee for a certain position. Subsequently, in order to hire new staff members, there will be no need for any registrations with various funds and bodies, but simply the conclusion of an agreement between the employer and the employee and the filling out of the necessary personnel documents.
How can an individual entrepreneur register employees? What type of contract should I choose?
If there is a possibility of concluding two different types contracts between employee and employer, it is necessary to consider in what cases it is permissible to use one or the other of them.
In which of the cases would it be appropriate to conclude a certain option?
If one type of work will be performed by an employee for a sufficiently long period of time, an employment contract is concluded.
If the work requires the employee to perform specific work, which is also limited in time, a civil law contract is concluded.
What legislation is regulated by?
Registration of employees as individual entrepreneurs under an employment contract is regulated by the Labor Code of the Russian Federation, and civil law, respectively, by the Civil Code.
Is information on contracts entered into the work book?
If the employee was registered by the employer under an employment contract, then information about his employment must be entered into his work book. But if a civil contract is concluded between an employee and an employer, an entry is not made in the work book.
Is it necessary to pay insurance premiums for personnel to the state budget?
Health insurance, pension insurance and social insurance are mandatory contributions when registering an applicant in an individual enterprise through a contract. Also, all contributions are required to be made for the employee if cooperation takes place under a civil contract, except for social insurance payments, unless this condition is stipulated in the civil contract that was concluded.
What social guarantees are provided by the employer to staff members?
In accordance with the provisions of the contract, the following is carried out:
- regular payment to the employee of his wages,
- payment of sick leave,
- paid annual leave,
- payment of benefits in connection with the dismissal of an employee at the initiative of the employer,
- guarantee necessary conditions for work activities.
When concluding a civil contract, its terms are negotiated by the employer and the employee, and may not contain those clauses that are mandatory when drawing up the contract. That is, the contract should contain only those conditions that will suit both parties.
What documents formalize the relationship between the employer and the applicant who is hired?
When concluding an employment contract: a written application from the applicant with a request to hire him and an order from the employer to hire him for the position.
If the registration of employees with an individual entrepreneur occurs through the conclusion of a civil contract, only this document itself.
Registration of employees to work in an individual entrepreneur involves the signing of certain documents.
Important points: legislative aspect
Before registering an individual entrepreneur, you should study the Labor Code and follow its articles. Mandatory conditions that must be present in the contract in accordance with Article 57 of the Labor Code of the Russian Federation:
- Full name of the employee and employer;
- information about the identity documents of both parties;
- identification number assigned to the employer as a taxpayer;
- date of conclusion of the employment contract and place of its signing;
- job functions of personnel;
- specific place and address of work;
- in accordance with what conditions will be paid (salary amount, bonus payments, subsidies, allowances, incentives);
- employee’s work and rest schedule;
- compensation that will be paid when working in hazardous or hazardous conditions labor;
- conditions of compulsory employee insurance.
How to register employees as individual entrepreneurs is stipulated in the Labor Code. But some unscrupulous entrepreneurs who want to save on the fees paid for personnel may draw it up not under an employment contract, but under a civil law one. In this case, there is a possibility that if controversial issues arise between the employer and employee, this contract may be recognized as an employment contract in court. After the trial, the entrepreneur will still have to pay all the necessary contributions and taxes on the employee, and ensure the preservation of his rights in accordance with the law.
The procedure for registering an individual entrepreneur is quite simple, and the entrepreneur is not required to maintain complete records of personnel and personnel document flow. But you should still take care to fill out all the necessary employment forms in order to avoid inaccuracies and controversial issues with regulatory authorities and possible disputes with personnel.
What set of documents is provided from the applicant to the employer?
Before registering an employee as an individual entrepreneur, he will be required to provide the following documents:
Mandatory contributions of an individual entrepreneur
Since the IP does not receive wages, from which insurance premiums are deducted without fail, and receives profit from his activities, then he must pay these premiums for himself in a special manner. The size of these payments directly depends on the amount of profit of the entrepreneur.
There are several options for formalizing the relationship between the person providing the work and the person performing it. The method of employment determines the procedure for applying for a job, the rights and obligations of the parties, responsibility, the procedure for paying taxes and mandatory contributions, and much more.
In Russia, the relationship between an employee (performer) and an employer (customer) can be formalized in one of the following ways:
- Distant work.
- Agency labor.
- Unofficial employment.
Employment contract
Employment contract– an agreement between an employee and an employer under which the employee undertakes to regularly perform the functions assigned to him by the employment contract, to comply with work schedules, and the employer undertakes to provide conditions for the performance of work, provide the work itself and pay wages on time and in full. Relations within the framework of this agreement are regulated by labor legislation, in particular, the Labor Code and relevant federal laws.
Signs of an employment contract:
- inclusion of an employee in the staff of the organization with the obligation to perform labor functions for a certain position;
- compliance by the employee with internal labor regulations and working hours;
- impossibility of transferring work to third parties;
- the employer's obligation to regularly pay wages and ensure working conditions.
Procedure for registration of an employment contract
Registration for work according to labor legislation includes the following stages:
- Receiving documents from the employee.
- Familiarization of the employee with local regulations.
- Conclusion of an agreement.
- Preparation and registration of documents for the employee.
- Making an entry in the work book.
When hiring an employee, the employer is obliged to pay personal income tax and insurance premiums for him, provide tax, statistical and other reporting provided for by the legislation of the Russian Federation, and respect the rights and interests of the employee.
You can find out more about the procedure for hiring under an employment contract.
Civil contract
Civil contract– an agreement between two or more persons, the purpose of which is to perform work or services specified in the contract. A civil contract is most often concluded when it is necessary to perform one-time work, if the volume of services provided is small and there is no point in hiring a person for a short period.
Types of civil contracts
There are several types of civil law contracts:
- contract;
- paid provision services;
- commissions;
- transportation;
- transport expedition;
- trust management of property;
- instructions.
Note: concluding a civil law contract in general is much more profitable and convenient than drawing up an employment contract.
note that when concluding a civil contract, an entry is not made in the work book, but the time worked under the specified contract is included in the total length of service. If an agreement is concluded with an individual, the employer is obliged to pay income tax and insurance contributions to the Pension Fund and the Compulsory Medical Insurance Fund for the employee (contributions to the Social Insurance Fund are paid only if this is stipulated in the agreement).
Comparison of employment and civil law contracts
Main differences between an employment contract and a civil law contract
| Sign | Employment contract | Civil contract |
|---|---|---|
| Subject of the agreement | Performing a labor function | The result of performing work or providing services |
| Possibility of involving 3 persons in the work | Impossible | Maybe |
| Compliance with internal labor regulations | Necessarily | Not necessary |
| Conditions for performing work | The employer is obliged to provide the employee with appropriate working conditions | The employer is not obliged to provide the employee with any conditions for performing work |
| Documentation | After drawing up the contract, it is necessary to draw up a large number of documents for the employee: employment order, staffing table, vacation schedule, personal card, work record book and SNILS (if the employee is getting a job for the first time), etc. | After execution of the contract, only an act of acceptance of work or provision of services is drawn up |
| Salary size | The salary cannot be less than the established minimum wage per month. The contract is considered invalid if it does not indicate the salary amount | The amount of payment is established by the contract and is not tied to the minimum wage; its indication in the contract is not necessary |
| Salary payment procedure | At least 2 times a month | The payment procedure is determined by the contract |
| Contract time | By general rule– unlimited. In exceptional cases it may be fixed-term contract | Urgent only. The absence of a term in the contract makes it invalid |
| Possibility of extending the contract period | Maybe | Impossible |
| Tools to get the job done | Provided by the employer. An employee, in agreement with the employer, can use personal property, but in this case he is compensated for the wear and tear of this property | The employee uses his own funds to perform work (provide services) |
| Procedure for terminating the contract | An employee can only be dismissed for certain reasons. The employee himself has the right to terminate the employment contract according to at will | The procedure for terminating the contract is provided in the document itself. Special conditions its termination for both the employee and the employer is not established by law |
| Liability for failure to fulfill obligations stipulated by the contract | Administrative liability is provided for the employer, and disciplinary liability for the employee (discipline, reprimand, dismissal). There are no penalties for the employee | Penalties for the employee may be provided for by the terms of the contract. If the employer does not pay on time and does not accept the work, he is obliged to pay the employee interest for the use of other people's money. |
| Taxation | Income tax and insurance contributions to extra-budgetary funds for the employee are paid by the employer | If the agreement is concluded with an individual entrepreneur, personal income tax and he pays contributions independently |
You can find out more about the types of civil contract, its pros and cons for the employer and employee.
Distant work
Remote work is recognized as the employee’s activities carried out outside the stationary place of work (at home, in transport, cafes, abroad, etc.). An employee usually receives a task from an employer remotely: by mail, via the Internet, etc.
There are two types of remote work:
- Home-based.
- Remote.
Home work involves the manufacture of products that have a tangible form, for example, collecting pens, growing mushrooms, embroidery, knitting, etc.
The result remote work is not a thing, but information, information, objects of intellectual property. Remote employees can be journalists, editors, content managers, copywriters, programmers, etc.
A remote worker can be registered under both an employment contract and a civil law contract.
Note: payment of mandatory payments and contributions depends entirely on the method of registration of the employee, and whether he has the status of an individual entrepreneur.
Agency labor
Agency labor is the work of employees at the order of the employer, carried out in the interests, under the management and control of persons with whom they have no relationship. labor relations. Since 2016, agency work, with the exception of certain cases, has been prohibited in the Russian Federation.
There are 2 types of agency work:
- Outsourcing.
- Outstaffing.
Outsourcing the transfer of certain functions or tasks to a third party (organization, individual entrepreneur, individual) is recognized. Relations within the framework of outsourcing in most cases are formalized by a contract for the provision of paid services. Most often, accounting, tax and personnel records (preparation and submission of declarations, reporting, etc.), and legal support are outsourced. Since outsourcing does not involve the transfer of the contractor’s employees to the customer, this form of agency labor is permitted and can be used by the employer to reduce the cost of maintaining staff.
Outstaffing represents the transfer of employees from the contractor to the customer. Employees who are on the contractor's staff carry out their work and are subordinate to a third party. This work has been prohibited since 2016 and its use entails administrative liability.
An exception to the use of agency labor is made for:
- private employment agencies that meet certain conditions (accreditation, application common system taxation).
- legal entities when sending an employee to its affiliates, subject to the conditions and procedure for providing employees approved by the relevant federal law. To date, this law has not been adopted.
Unofficial employment
Working without official registration of an employee threatens the employer with quite serious problems. Current legislation provides for administrative, tax and criminal liability for illegal hiring and employment of employees.
Thus, according to the Code of Administrative Offenses of the Russian Federation, an employer can be prosecuted for violating labor laws, which in turn threatens him with a fine of 1,000 to 5,000 rubles. for individual entrepreneurs and from 30,000 to 50,000 rubles. for the organization.
The employer is brought to tax and criminal liability due to the fact that it does not properly fulfill the duties of a tax agent, namely, does not calculate and transfer to the budget the amount of taxes for its unregistered employees.
How to recruit correctly, what steps to take and in what sequence, what documentation will be required? We will consider all these questions in this article.
Carrying out virtually any commercial activity usually involves hiring employees. As for such an organizational form as an LLC, such circumstances arise with 100% probability, because at least the staff consists of one employee - the director. An individual entrepreneur does not always resort to hired labor; due to the specifics of his activity, he can cope with the entire range of responsibilities single-handedly. But, with the consolidation of a business and its development, hiring employees is usually a logical continuation.
Important: in our article we will look at perfect order hiring, both for individual entrepreneurs and LLCs. Although not all actions and documents are mandatory for individual entrepreneurs in this structure, from the point of view of legislation, they are far from unnecessary, because they will allow you to establish full accounting and control in personnel records.
Recruitment Forms
When making decisions about hiring employees - individuals, at your choice, the legislation provides for two forms of formalizing contractual relations: a civil contract or an employment contract.
A civil contract includes a work contract, and the requirements for its terms are regulated by the Civil Code of the Russian Federation. Chapter 37 of the Civil Code of the Russian Federation is devoted to this agreement, which considers all the conditions within the framework of such an agreement.
If you decide to resort to an employment contract when hiring, then you should familiarize yourself with the provisions of the Labor Code of the Russian Federation, which, from Articles 56 to 84, stipulates all the conditions for the conclusion, execution and termination of an employment contract.
Local regulations of the employer
In accordance with the provisions of Article 68 of the Labor Code of the Russian Federation, the hiring of an employee must be preceded by familiarization with local regulations against signature. Such documents include:
- Labor internal regulations.
- Job descriptions.
- Collective agreement (if there is a trade union at the enterprise). As a rule, within LLCs and individual entrepreneurs such a document is not available due to the absence of a trade union.
The employer's right to approve local regulations is provided for in Article 8 of the Labor Code of the Russian Federation.
All of these documents must be developed by the employer and approved by orders of the enterprise.
When developing internal labor regulations, you can refer to Article 189 of the Labor Code of the Russian Federation, which lists the list of issues and provisions included in this document. Its main condition is that it should not worsen legal status employee, which is provided to him by the current labor legislation.
Qualification reference books approved by the Ministry of Labor for various industries and specialties will provide you with assistance in preparing job descriptions. Having job descriptions will help you clearly formulate a list of responsibilities for each employee.
Important point: the development and approval of local regulations is not an obligation for individual entrepreneurs, and in terms of job descriptions for LLCs, but their presence carries only positive aspects, consisting in more detailed accounting and planning of labor relations with employees.
Hiring procedure and documentation
We have considered all the pre-stages, now it’s time to move on to the immediate essence of our article.
Step 1
The employee must write a job application addressed to the manager (IP), indicating the position in it. After considering the application, the manager must put a resolution on it, which reflects his decision, for example, to accept and issue an order.
- All pages of the passport;
- Insurance certificate;
- Education document;
- Military ID (for those liable for military service).
If this is not the first place of work, then a work book is also provided. If this is your first job, then you will have to create a work book for this employee. If you do not have an insurance certificate, you will also have to issue one to the Pension Fund for the employee.
Step 2
The conclusion of an employment contract with an employee must be in writing, and this document is drawn up in two copies, one of which is given to the employee.
Step 3
Based on the received documents and application, an employment order is signed. Order form T-1 has been approved. The order is registered in the journal of orders for personnel matters. It can be purchased at any bookstore or office supply store.
In accordance with the provisions of Article 68 of the Labor Code of the Russian Federation, within three days you must familiarize the employee with the issued order against signature.
Step 4
You must enter information about the received work book in the registration journal, the form of which is approved by Resolution of the Ministry of Labor of Russia No. 69, dated October 10, 2003.
Step 5
Now fill out the personal employee card of the T-2 form, approved by the RESOLUTION of the State Statistics Committee of the Russian Federation No. 1, dated 01/05/2004.
The employee must put his signature on the completed card, thereby confirming familiarization with all the information entered there and its approval.
Recommendation: Additionally, you can create a personal file for each employee, in which all documents related to a particular employee will be stored, starting with the application for employment and provided copies of documents, and then continuing to file all applications and orders for this employee during the course of his work. Such document flow will greatly simplify your search for the necessary information on an employee in the future.
STEP 6
If the hired employee is liable for military service, then in accordance with Decree of the Government of the Russian Federation No. 719 of November 27, 2006, you must report his employment to the territorial commissariat or body local government.
Mandatory for individual entrepreneurs
When hiring employees, an individual entrepreneur must register with extra-budgetary funds as an employer within the following terms:
- To the Pension Fund within 30 days;
- To the FSS within 10 days.
Moreover, such an obligation arises when concluding each new employment contract; it must be registered with the specified authorities. You will read about what this procedure looks like and what documents are needed in the article: Registration of organizations and entrepreneurs with the Pension Fund of the Russian Federation and the Social Insurance Fund.
Now you know exactly the entire sequence of actions that must be followed when hiring employees.
In a small enterprise, an accountant often has to perform the duties of a personnel officer. Accordingly, the accountant is responsible for completing the entire heap of personnel documentation. This matter is very complicated. Accountant without special training, risks allowing serious mistake, which in the future may result in a fine or even disqualification of the head of the organization. Today we will tell you how to avoid such mistakes when registering a new employee.
When going to work, take with you...
Let's start with the documents that the future employee must bring with him for registration. Their list is given in Article 65 Labor Code. It includes a passport, work book, state pension insurance certificate, military ID (or registration certificate) and a document on education, qualifications or special knowledge. That's basically it.
From this we derive the first rule: you cannot require from a future employee an application for employment, a certificate of assignment of a TIN, a document on registration at the place of residence (if you are registering as a citizen of the Russian Federation) and photographs. Accordingly, it is impossible to refuse employment to an employee if he does not have these documents. Moreover, indicating such requirements in organizational orders or in vacancies is in itself a violation. For this, on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the organization can be fined, and its leader can be disqualified.
The second rule is also based on Article 65 of the Labor Code. It lies in the fact that even the documents listed in it cannot be required from all employees. We are talking not only about a military ID, which, as you know, only those liable for military service have. Thus, a work book and a “pension” certificate can be requested only in cases where the employee has already worked in another organization. If an employee is hired for the first time, you will have to independently issue him a labor and pension certificate (Article 65 of the Labor Code of the Russian Federation). And the future employee is obliged to provide documents on education only when job description for the position for which he is hired, clear requirements for qualifications, education or special knowledge are prescribed.
The third rule is related to the formation of an employee’s personal file. Of the documents submitted by him, the employer can only keep the work book. Copies of the remaining documents must be made, certified with the seal of the organization and the signature of the person who accepted the documents. Moreover, in the case of a passport, copies are taken of all pages (by the way, information about place of residence, marriage and presence of children will be useful to the accountant not only when filling out personnel documents, but also for calculating personal income tax).
There is no need to rush into an agreement
So that's it Required documents available and the applicant is ready to find a job. It would seem that everything is clear after that - you can draw up an employment contract. However, it is not. Before presenting an employment contract for study and signature, the employee should be familiarized with all local acts of the enterprise that relate to the organization of work. Such acts include provisions on bonuses, wages, vacations, labor protection; internal labor regulations, collective agreement, etc. This is the requirement of Article 68 of the Labor Code. Therefore, while you are making and certifying copies of the documents brought by the employee, give him all the necessary documents for study. The employee must confirm the fact of familiarization with each of them with a personal signature on the corresponding familiarization sheet (it is usually attached to the document itself, at the end), indicating the date and time of familiarization.
If this requirement is violated, then in the future the employee will not be able to make claims related to failure to fulfill the duties that are enshrined in these documents. Moreover, if an employee is not familiarized with labor safety rules, then in the event of an accident, the manager may even be brought to criminal liability (Article 143 of the Criminal Code of the Russian Federation). So you should not neglect the obligation to first familiarize the hired employee with local regulations.
Probation
After the person being accepted has put his signature on the sheets of familiarization with all local acts, you can begin to sign the employment contract. Here you need to pay attention to the condition probationary period, which is usually included in every employment contract. If the contract contains such a condition, it is necessary to check whether the employee being hired is not included in the list of persons for whom a probationary period cannot be established.
In accordance with Article 70 of the Labor Code, the period is not established for minors, pregnant women and women with children under the age of one and a half years. Information about the employee’s age and the age of the children is taken from the passport. But the employee must submit a pregnancy certificate herself. If at the time of signing the contract the certificate was not presented, then the probationary period is considered legally established.
In addition, it is impossible to establish a probationary period for graduates of educational institutions. But this ban does not apply to all graduates. So, in order not to be tested when applying for a job, the graduate must, firstly, complete educational institution, which has state accreditation (it is confirmed by a state-issued diploma). Secondly, no more than a year should pass from the date of issuance of the diploma. Thirdly, the employee must go to work in the specialty specified in the diploma. And fourthly, his work book should not contain a record that he has already worked in this specialty.
If at least one of these four conditions is not met, the graduate being hired can be placed on a probationary period. Please note: the probationary condition is fixed in the employment contract precisely at its conclusion. It is no longer possible to introduce such a condition later (Article 70 of the Labor Code of the Russian Federation).
Let's note one more important point related to the probationary period. It is strictly forbidden to set an employee a salary lower than stipulated during the probation period. staffing table(Part 3 of Article 70 of the Labor Code of the Russian Federation). It is also unacceptable to introduce acts into the organization according to which employees during the probationary period are not awarded bonuses or other incentive payments. All this constitutes discrimination against employees and entails administrative liability up to and including disqualification of the manager (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Order, book and card
Based on the signed employment contract, an order must be issued to hire the employee. This order is drawn up according to unified form No. T-1 (approved by Decree of the State Statistics Committee of the Russian Federation dated January 05, 2004 No. 1), so there are usually no difficulties with filling it out. The main condition here is full compliance of the order with the contract (Article 68 of the Labor Code of the Russian Federation). The employee must confirm the fact of familiarization with the order with a personal signature. In this case, familiarization with the order is carried out within three days from the actual start of work.
And within 5 days from the date of start of work, the employer must make an entry about hiring in the employee’s work book. Moreover, there is no need to rush to make this entry - you need to wait until the employee actually goes to work, familiarize him with the order, and only then make an entry in the work book. Here's the thing. If an employee, having signed an employment contract, does not return to work within the agreed time frame, the organization can cancel the contract unilaterally (Article 61 of the Labor Code of the Russian Federation). But what to do with this work book, if it already contains a record of employment, the Code is silent. That is why it is better to strictly follow the procedure and make an entry for employment only after the employee has actually started work and is familiar with the order.
Well, the final stage of registering an employee’s appointment is filling out a personal card for the new employee. The form of the card is also unified (T-2, approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1), which minimizes difficulties with its registration. Here you only need to remember that the cards must be kept on paper, since they contain records about hiring, transfers, etc. The employee should be familiarized with signature.
