Filling out the individual name of the labor employee. IP - an entry in the work book for yourself

Entrepreneur registration in work book

Should he make an entry in his own TrK?
Is he obliged to maintain the Trade and Marketing Company of hired employees?

The answers to these questions will vary.

An entrepreneur cannot make an entry in his own TrK, since it only contains data about labor activity(see art. 66 Labor Code RF, hereinafter referred to as TK). An individual registered as individual entrepreneur, is engaged in entrepreneurial activities, that is, activities aimed at making a profit and carried out at one’s own peril and risk (paragraph 3, part 1, article 2 of the Civil Code of the Russian Federation). An individual entrepreneur cannot make an entry in his work book regarding himself, just as he cannot pay himself a salary. This position is adhered to by Rostrud in letter dated February 27, 2009 No. 358-6-1.

On the other hand, the entrepreneur is obliged to make entries in the Trade and Marketing Committee of the individuals who work for him. This requirement is contained in paragraph. 3 tbsp. 66 TK. So, an individual entrepreneur must maintain a trading company for his employees who:

work for him permanent place work;
work for the entrepreneur for more than 5 days.

How to correctly fill out an individual entrepreneur’s work book: sample

The form of the TrK, as well as the rules for its execution and maintenance are established by the following regulations:

Rules of conduct..., approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.
Instructions for filling..., approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69. Details are in the article “Instructions for filling out and maintaining work books.”

Here are their main provisions:

dates in TrK are indicated in the numerical format: dd.mm.yyyy (for example, 12/21/2017);
the names of the documents on the basis of which the entry is made must be indicated in full (for example, order), abbreviation to etc. is not allowed;
the name of the individual entrepreneur must be indicated in full in column 3 (for example, individual entrepreneur Sergey Aleksandrovich Krotov).

The employment record consists of the following:

record numbers in order;
the day, month and year when the employee was employed;
employee position indicating the structural unit, if one exists;
details of the document with which the employee was hired (details in the article “Filling out a work book when hiring - sample”).

When dismissing an employee, the following shall be indicated:

next sequential record number;
the day of dismissal of an employee is, as a rule, the last day he performs his duties;
reason for dismissal and the required article of the Labor Code, reductions in in this case are also not allowed.

So, speaking about individual entrepreneurs and work books, you need to remember 2 points. The entrepreneur does not enter information about himself into the TrK, since he carries out entrepreneurial, not labor, activities. An individual entrepreneur fills out the TRC for his employees as an employer-legal entity.

Good day everyone! In my group on VK" Business secrets for a beginner"Quite often questions come from entrepreneurs regarding how to correctly register a person for work, how to conclude a contract with a person and how to correctly fill out an employee’s work book as an individual entrepreneur. That is why I decided to examine this issue in more detail and write an article.

After filling out, the labor entrepreneur must prepare and join the (social insurance fund), as well as register as an employer with the Social Insurance Fund.

How can an individual entrepreneur fill out a work book for himself?

This question is quite popular and I get asked it with enviable frequency. I want to disappoint you, the fact is that an individual entrepreneur does not have the right to fill out a work book for himself, since he cannot be in a relationship with himself labor relations.

In fact, it turns out that the individual entrepreneur is not conducting labor activity, but entrepreneurial activity. And precisely because only entries about work activities are entered into the work book, and not about entrepreneurial activities, entries cannot be made.

An individual entrepreneur’s entrepreneurial activity is confirmed by the OGRNIP certificate.

Despite the lack of work experience of an individual entrepreneur, when calculating a pension, his entrepreneurial experience is taken into account, because he still pays the state. Moreover, in recent years this amount is not so small.

How an individual entrepreneur can issue a work book for an employee

Here it’s a completely different matter. The individual entrepreneur is in an employment relationship with his employee and enters into an employment contract with him.

He prepares a work book for his employee on a general basis, since the individual entrepreneur is a full-fledged employer.

An individual entrepreneur must make an entry in the employee’s work book after he has worked for 5 days.

If the employee has not worked anywhere before, then a new work book is created in which the first entry is made (the employee must purchase a new work book at his own expense).

An entrepreneur can fill out the work book of his employee independently (if the individual entrepreneur is a large one and has many employees, then usually a special person is allocated for such purposes - a personnel officer).

Registration in the employment record is done only for an employee who has found a job with an individual entrepreneur at the main place of work. If the place of work is part-time, then the individual entrepreneur should not make any entries.

How can an entrepreneur fill out an employee's employment form?

Let's look at what we need to fill out this document:

Pen. The handle should be color- and water-resistant. Ordinary ballpoint pens are just that. The color of the pen should be: blue, black or purple.
Seal. For entrepreneurs who have not made their own seal, my advice: be sure to do so before you start working with official documents.
. This order must be made by the individual entrepreneur himself.

Having everything listed above, you can start filling out the work book.

There are four columns in the work book:

Serial number;
date of completion;
The name of the organization, as well as the position for which the employee is hired;
The name of the document on the basis of which the entry is made.

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You can watch the process of filling out the book at the end of this article in the attached video.

That's probably all! Happy business!

Every citizen engaged in labor activity must have a work record book. In this regard, the question arises: can an individual entrepreneur make an entry in his work book for himself?

The maintenance of work books by entrepreneurs has some peculiarities. Let's look at them:

the entrepreneur must buy work books for his employees himself, but has the right to ask for reimbursement of expenses;
the entrepreneur may not issue orders stating that he has hired a citizen;
the entrepreneur hires an employee for a certain position at his own discretion, and also sets his salary.

Record to yourself

Each officially employed employee must be properly registered with the organization and have a work book. But what about individual entrepreneurs? After all, they are their own employers.

There are no clear provisions in labor legislation about whether it is possible to issue a work book for yourself. An entrepreneur does not need to get a book for himself. This is due to the fact that:

no one will check it;
The legislation does not provide for this, which means general rule is illegal.

It is worth noting that the Pension Fund and tax service They themselves count the payments made by the entrepreneur, and also independently calculate his work experience. If an entrepreneur is an honest tax payer, he need not worry about his length of service and future pension.

Registration of a book for an employee when working for an individual entrepreneur

Working for an individual entrepreneur using a work book involves official employment and making entries about work in this book. Let's look at the order in which entrepreneurs should fill out books.

Front page

It contains all personal information about the employee. It is very important that this sheet is filled out correctly, since if filled out incorrectly, the entire book will be invalid. The filling procedure is as follows:

The full name of the employee being hired is indicated;
then the citizen’s date of birth;
then the degree of education and specialization is indicated in accordance with the education document;
after this, the employee and employer affix their signatures.

Employment records

There is a whole section for entering this information. It is filled in in the following order:

In the first column put the record number in order.
In the second - the date, in the third - the month, in the fourth - the year the employee was hired.
The fifth column indicates the place of work (for example, individual entrepreneur R.S. Nikolaev), as well as the position of the employee.
In the last column write the number and date of the employment contract.

Responsibility of the entrepreneur for violations committed

Entrepreneurs, as well as legal entities, must act in accordance with all rules for maintaining, storing and recording labor books. If these rules are not followed, you will be held accountable.

It ranges from one to five thousand rubles, or a ban on carrying out one’s activities for up to ninety days. In some cases, according to a court decision, the entrepreneur will have to compensate the damage caused to the employee.

Ninety days for a business is quite a long period of time, which can greatly affect the conduct of business. In this regard, entrepreneurs should not violate the rules established by law.

A person who is or was an individual entrepreneur should not have records of his own work in his work book.

Entrepreneur (IP) and work book, Filling out the IP work book

The work book is the main document on labor activity and work experience employee. Since 2006, individual entrepreneurs have also received the right to register them. However, legislators only recently clarified the specific procedure for maintaining work books by individual entrepreneurs...

Since March 23, 2008, the obligation of individual entrepreneurs to keep work books for everyone working for them for more than five days has been specified. Thus, the Government Decree came into force Russian Federation dated March 1, 2008 No. 132 “On amendments to the Decree of the Government of the Russian Federation of April 16, 2003 No. 225.”

Who should keep work records?

The following categories of employers (except individuals) must keep work books for each employee:

organizations;
individual entrepreneurs;
private notaries;
lawyers who have established law offices.

Who and where makes an entry in the work book of an individual entrepreneur (IP)?

The Labor Code of the Russian Federation obliges entrepreneurs to keep work books for all employees, but no entries are made in their own labor individual entrepreneurs, because entries are made in the work book about labor activity, not entrepreneurial activity.

In accordance with the law, an individual entrepreneur has the status of an employer, not an employee. He cannot conclude an employment contract with himself, since there will be no other party in the employment relationship. Therefore, an individual entrepreneur (IP) has no legal grounds for keeping a work book for himself.

An individual entrepreneur cannot make an entry in his work book for himself and no one else!

Note: . A person who is or was an individual entrepreneur should not have records of his own work in his work book.

To the tax pension insurance premiums for your future pension. As long as deductions are made and you are listed as an individual entrepreneur, your insurance period is valid. If you cease your activities, then to calculate pension Pension fund will issue you a certificate of your insurance experience.

Registration of a work book for individual entrepreneurs

The Labor Code obliges employers to keep work books for each employee. If work for an individual entrepreneur is the main activity, then an entry in the “labor” record is made only if the employee has worked for more than five days. When filling out the book, keep in mind that there cannot be abbreviations even in the name of the employer, for example, “IP Vasiliev V.V.” should look nothing more than “Individual entrepreneur Vladimir Vasilievich Vasiliev.”

If an individual entrepreneur hires an employee who has never worked anywhere before, he needs to obtain a work book. The employee, in turn, must compensate for the costs of purchasing the book by depositing money into the cash register (clause 47 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). With the consent of the employee, the necessary amount can be withheld from his salary.

Entries in the work book about the reasons for termination employment contract must be carried out in strict accordance with the wording of the Labor Code or other federal law. The corresponding link must also be written in the work book.

Dates in all sections of work books are written in Arabic numerals. For example, if an employee was hired on May 7, 2008, an entry is made in the work book: “05/07/2008”.

The employee's last name, first name and patronymic are indicated in full. Abbreviations or replacement of first and middle names with initials are not permitted. The date of birth (day, month, year) is entered into the book on the basis of a passport or other identification document (for example, a military ID, foreign passport, driver's license etc.).

A record of education is made only on the basis of a certificate, diploma, etc., and if the education is incomplete, then on a student card, grade book, certificate educational institution. Each entry is assigned its own serial number.

Also, information about the work performed by the employee, transfer to another permanent position and dismissal must be entered into the work book.

In the latter case, it is necessary to indicate the basis for termination of the employment contract.

It should be borne in mind that information about rewards for success in work is entered into the work book, but about penalties - not. The exception is cases when disciplinary action is dismissal.

There are situations when, for one reason or another, the entrepreneur’s employees do not want to present their work records. How to fulfill the obligation to maintain a work book in this case? There is no need to issue a new one, since the employer is not given the right to create another work book for the employee if he has the previous one. And in order not to fall under administrative punishment for violating the procedure for maintaining a work book (), it is necessary to draw up an appropriate act signed by several witnesses stating that the employee was asked to submit a work book, which he refused without explanation.

Attention!

The name of the employer must be written in full in the work book. For example: “Individual entrepreneur Vladimir Vasilievich Vasiliev.”

Since February 2008, as a measure of protection for work record forms, Gosznak has been affixing a hologram. It is used at the request of the employer issuing the work book. It can protect unchangeable elements of the form, for example the number, the signature of the person who issued the form, the employer’s seal. Forms of work books and inserts without holograms are valid.

Correcting errors in the work book

As they say, no one is immune from mistakes, therefore, if an error is found in the work book, it must be corrected. The best option- ask the person who made the inaccuracy to do this, that is, the previous employer.

If the previous employer cannot be found (for example, the company was liquidated and the entrepreneur moved), then the employer who discovered the error has the right to make an adjustment. However, this requires an official document from the place of work where the mistake was made.

On title page amendments to the work book are made on the basis of a specific document. For example, changing a surname record - based on passport data, birth certificate, marriage certificate or divorce certificate with reference to their number and date. Based on the same documents, they change the name, patronymic and dates of birth entered incorrectly in the work record. The previous entry is crossed out with one line and a new entry is made. On inside the covers of the work book make reference to the documents on the basis of which the changes were made.

In this case, it is not allowed to cross out incorrect entries in those sections of the work book that contain information about the employee’s work or awards. Such entries must be “invalidated”, and then the correct ones must be entered.

In the case when an entrepreneur, having re-registered, changed his name, changes must be made to the book.

IP work book. Registration of the “Work Information” section in connection with a change in the surname of the employer - individual entrepreneur

Since an entrepreneur as an employer acts on the basis of registration documents, it can be assumed that it is more correct to make an entry in the work book specifically about the renaming of the employer. In this case, the entry will look like this: “Individual entrepreneur I.I. Ivanova (IP Ivanova I.I.) from 09/01/2012 was renamed to individual entrepreneur I.I. Petrova (IP Petrova I.I.).” Such conclusions follow from paragraph 3.2 of the Instruction, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

So at the beginning of the “Job Information” section, do not fill in Columns 1 and 2 of the section. Make an entry in column 3. In column 4, indicate the documents on the basis of which the changes were made.

A person who is or was an individual entrepreneur should not have records of his own work in his work book.

Entrepreneur (IP) and work book, Filling out the IP work book

The work book is the main document about the employee’s work activity and length of service. Since 2006, individual entrepreneurs have also received the right to register them. However, legislators only recently clarified the specific procedure for maintaining work books by individual entrepreneurs...

From March 23, 2008, the obligation of individual entrepreneurs to keep work books for everyone working for them for more than five days was specified. Thus, Decree of the Government of the Russian Federation of March 1, 2008 No. 132 “On amendments to the Decree of the Government of the Russian Federation of April 16” came into force 2003 No. 225."

Who should keep work records?

The following categories of employers (except individuals) must keep work books for each employee:

organizations;
individual entrepreneurs;
private notaries;
lawyers who have established law offices.

Who and where makes an entry in the work book of an individual entrepreneur (IP)?

An individual entrepreneur cannot make an entry in his work book for himself and no one else!

Note: . A person who is or was an individual entrepreneur should not have records of his own work in his work book.

In tax pension insurance contributions for your future pension. As long as deductions are made and you are listed as an individual entrepreneur, your insurance period is valid. If you cease your activities, then To calculate your pension, the Pension Fund will issue you a certificate of your insurance experience.

Registration of a work book for individual entrepreneurs

Entries in the work book about the reasons for termination of the employment contract must be made in strict accordance with the wording of the Labor Code or other federal law. The corresponding link must also be written in the work book.

Dates in all sections of work books are written in Arabic numerals. For example, if an employee was hired on May 7, 2008, an entry is made in the work book: “05/07/2008”.

A record of education is made only on the basis of a certificate, diploma, etc., and if the education is incomplete, then on a student card, grade book, or certificate from an educational institution. Each entry is assigned its own serial number.

Also, information about the work performed by the employee, transfer to another permanent position and dismissal must be entered into the work book.

In the latter case, it is necessary to indicate the basis for termination of the employment contract.

It should be borne in mind that information about rewards for success in work is entered into the work book, but about penalties - not. The exception is cases where the disciplinary sanction is dismissal.

Attention!

The name of the employer must be written in full in the work book. For example: “Individual entrepreneur Vladimir Vasilievich Vasiliev.”

Correcting errors in the work book

As they say, no one is immune from mistakes, therefore, if an error is found in the work book, it must be corrected. The best option is to ask the person who made the inaccuracy, that is, the previous employer, to do this.

On the title page of the work book, corrections are made on the basis of a specific document. For example, changing a surname record - based on passport data, birth certificate, marriage certificate or divorce certificate with reference to their number and date. Based on the same documents, they change the name, patronymic and dates of birth entered incorrectly in the work record. The previous entry is crossed out with one line and a new entry is made. On the inside cover of the work book, references are made to the documents on the basis of which the changes were made.

In the case when an entrepreneur, having re-registered, changed his name, changes must be made to the book.