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 (executor) and an employer (customer) can be formalized in one of the following ways:

1. Distant work.
2. Borrowed labor.
3. informal employment.

Labor contract

Labor contract- an agreement between the employee and the employer, according to which the employee undertakes to regularly perform the functions assigned to him by the employment contract, observe the labor schedule, 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, Labor Code and relevant federal laws.

Signs of an employment contract:

• the inclusion of an employee in the staff of the organization with the obligation to perform labor functions in a specific position;
• observance by the employee of the rules of internal labor regulations, work schedule;
• inability to transfer work to third parties;
• the obligation of the employer to regularly pay salaries and provide working conditions.

The procedure for registration under an employment contract

Registration for work under labor law includes the following steps:

1. Receiving documents from the employee.
2. Familiarization of the employee with local regulations.
3. The conclusion of the contract.
4. Preparation and registration of documents for the employee.
5. Making an entry in the workbook.

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, observe the rights and interests of the employee.

You can familiarize yourself with the procedure for hiring under an employment contract in more detail.

Civil contract

Civil contract- an agreement between two or more persons, the purpose of which is to fulfill defined by the agreement works or services. A civil law contract is most often concluded if it is necessary to perform one-time work, if the volume of services provided is small and it makes no sense to hire a person for a short period of time.

Types of civil law contracts

There are several types of civil law contract:

• contract;
• paid provision services;
• commissions;
• transportation;
• transport expedition;
• trust management of property;
• instructions.

Note: the conclusion of a civil law contract as a whole is much more profitable and convenient than the execution of an employment contract.

note that when concluding a civil law contract, an entry in the work book is not made, but the time of work under the specified contract is included in the total length of service. If the contract is concluded with a natural person, the employer is obliged to pay income tax for the employee and insurance premiums in the Pension Fund of the Russian Federation and the Compulsory Medical Insurance Fund (in the FSS, contributions are paid only if it is stipulated in the contract).

Comparison of labor and civil law contracts

The main differences between labor and civil law contracts

sign	Labor contract	Civil contract
Subject of the contract	Performance of a labor function	The result of the performance of work or the provision of services
Opportunity to hire 3 persons	Impossible	maybe
Compliance with internal regulations work schedule	Necessarily	Not necessary
Conditions for doing 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 the performance of work
Documentation	After drawing up the contract, it is necessary to draw up a large number of documents for the employee: employment order, staffing, vacation schedule, personal card, work book and SNILS (if the employee gets a job for the first time), etc.	After the execution of the contract, only an act of acceptance of work or provision of services is drawn up.
Size of salary	The salary cannot be less than the established minimum wage per month. The contract is considered invalid if it does not contain an indication of the amount of salary	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
Payment procedure	At least 2 times a month	The payment procedure is determined by the contract
Contract time	As a general rule, it is indefinite. In exceptional cases, it may fixed-term contract	Only urgent. The absence of an indication of the term in the contract makes it invalid.
Possibility to extend the term of the contract	maybe	Impossible
Tools to get the job done	Provided by the employer. The employee, in agreement with the employer, can use personal property, but in this case he is compensated for the depreciation of this property	The employee uses his own funds to perform work (render services)
The procedure for terminating the contract	An employee can only be fired for certain reasons. The employee himself has the right to terminate labor contract on own will	The procedure for terminating the contract is provided for in the document itself. There are no special conditions for its termination for both the employee and the employer.
Responsibility for non-fulfillment of obligations stipulated by the contract	For the employer, administrative responsibility is provided, for the employee - disciplinary (reprimand, reprimand, dismissal). There are no penalties for the employee.	Penalties for an employee may be provided for by the terms of the contract. If the employer does not pay and does not accept the work on time, he is obliged to pay the employee interest for the use of other people's money
Taxation	The employer pays income tax and insurance contributions to off-budget funds for the employee	If the contract is concluded with the individual entrepreneur personal income tax and he pays contributions on his own

You can familiarize yourself with the types of civil law contract, its pros and cons for the employer and employee in more detail.

Distant work

Remote work is the activity of an employee carried out outside the stationary place of work (at home, in transport, cafes, abroad, etc.). As a rule, an employee receives an assignment from an employer remotely: by mail, via the Internet, etc.

There are two types of remote work:

1. Home.
2. Remote.

home work involves the manufacture of products that have a material form, for example, collecting pens, growing mushrooms, embroidery, knitting, etc.

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 both under an employment contract and under 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 work is the work of employees on the orders of the employer, carried out in the interests, under the management and control of persons with whom they do not have 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:

1. Outsourcing.
2. Outstaffing.

Outsourcing the transfer of certain functions or tasks to a third-party contractor (organization, individual entrepreneur, individual) is recognized. Relations within the framework of outsourcing in most cases are formalized by a contract for the provision of services for a fee. Most often, outsourcing is given to accounting, tax and personnel records (preparation and submission of declarations, reporting, etc.), legal support. Since outsourcing does not transfer the contractor's employees to the customer, this form of agency work is permitted and can be used by the employer to reduce the cost of maintaining the staff.

Outstaffing is the transfer of employees from the contractor to the customer. Employees, being on the staff of the contractor, carry out their work and are subordinate to a third party. Since 2016, this work has been prohibited and its use entails bringing to administrative responsibility.

An exception for the use of agency labor is made for:

• private employment agencies that meet certain conditions (availability of 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.

Informal employment

Working without official registration of an employee threatens the employer with quite serious problems. The 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 held liable for violation of 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.

An 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, it does not calculate and transfer to the budget the amount of taxes for its unregistered employees.

Be sure to fix your choice in order for accounting policy . This procedure follows from Article 9 of the Law of December 6, 2011 No. 402-FZ and is confirmed by the letter of Rostrud of February 14, 2013 No. PG / 1487-6-1.

Unified forms of orders for employment were approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. When hiring one person, they draw up an order according toform No. T-1 . If an organization simultaneously employs several people, then it is more convenient to make an order on a listform No. T-1a .

It is necessary to familiarize the employee with the order on his employment within three days from the moment he actually started work. The order is brought to his attention under the signature.

Situation: what should be written in the column "Employed by ..." of the order in the form No. T-1, if the employee is hired for an indefinite period?

This field does not need to be completed under these conditions.

Such a rule is enshrined in section 1 of the instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. It is not necessary to write “indefinite period”, “not determined”, “not established”, etc. Let's put a dash.

Situation: what should be written in the column “Conditions for employment, nature of work” of the order in the form No. T-1, if the employee is hired under normal conditions (permanent work, an eight-hour working day, etc.)?

Fill in this column only if the conditions and nature of the work differ from the generally established ones.

For example, when you hire an employee part-time, part-time, in the order of transfer from another organization, etc. This follows from section 1 of the instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

However, in order not to leave the line empty, it is also allowed to record that the employee was accepted under normal conditions (main job, permanently).

Employment book and personal card

After the manager orders the inclusion of a new employee in the staff, make a record of employment in his work book . If your organization is the first where an employee works, he needs to draw up a work book (part 4 of article 65 of the Labor Code of the Russian Federation).

Thus, the presence of a work book is mandatory.

If an employee is employed part-time, then at his request, relevant information can be entered in the work book. Do this on the basis of a document that confirms that the employee works somewhere else. The form of such a document is not defined by the Labor Code of the Russian Federation. This can be a certificate, a copy of an employment contract or an order for employment, etc. The main thing is that it contains the necessary information.

After you have filled out the work book, issue a personal card .

An example of paperwork when hiring an employee

The organization hired E.V. Ivanov as secretary. Ivanova wrote a statement and submitted the following documents:

• the passport;
• diploma of completed higher education.

Ivanova gets a job for the first time, so the work book and insurance certificate were issued in the organization.

Accountant of the organization V.N. Zaitsev.

Organization represented by director A.V. Lvov concluded with Ivanova labor contract For undefined period.

The director issued an order for employment in the form No. T-1. The accountant drew up a work book and made an entry in book of accounting for the movement of work books and inserts in them .

Accounting for work books

All employers are required to keep records work books. For this, special books are used.

The first of them is the income and expense book for accounting for the forms of the work book and the insert in it. In it, register all operations for the receipt and expenditure of forms of work books. At the same time, indicate the series and number of each form (Appendix 2 to the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

The second is a book of accounting for the movement of work books and inserts in them. In this document, write down both newly issued work books and books accepted from employees upon employment. At the same time, also indicate the series and number of each document (Appendix 3 to the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

Hiring in different situations

Situation: How to register a student for an educational or industrial practice?

The procedure for registering interns as a whole does not differ from the general procedure for hiring. However, there are some peculiarities. So, it is not always necessary to draw up an employment contract. In some cases, it will be replaced by the GPA, and sometimes it is not needed.

The practice of university students is component higher vocational education. Practice is educational, industrial and undergraduate. Often students are sent to enterprises, where they receive the necessary skills and experience. The duration of the practice is set by the university. This follows from paragraphs 1, 5, 7, 12 and 16 of the regulation approved by the order of the Ministry of Education and Science of Russia dated November 27, 2015 No. 1383.

The decision on which contract to conclude with an intern depends on several factors:

• how the student got an internship with the employer - under an agreement with his educational institution, or he was attracted directly;

• the trainee will perform some kind of labor function, or he will only be shown production and taught the necessary skills;

• does the employer have vacancies or he accepts an intern even when the staff is full.

Let's look at each of these cases.

The employer has an agreement with the university where the trainee is studying

Usually, universities conclude special agreements with employers on the practice of students. Under such an agreement, enterprises are required to accept interns educational institutions that have state accreditation. In this case, the presence of vacancies does not matter. This procedure follows from paragraph 11 of the regulation approved by the order of the Ministry of Education and Science of Russia dated November 27, 2015 No. 1383.

If the employer has vacant positions that interns can take, they are hired in a general manner. That is, then employment contracts are concluded with students. If they have not worked anywhere before, they issue work books and insurance pension certificates for them. In this case, the norms and guarantees of labor legislation apply to students. Such conclusions follow from paragraphs 15-18 of the regulation approved by order of the Russian Ministry of Education and Science of November 27, 2015 No. 1383, and paragraph 15 of the regulation approved by order of the Russian Ministry of Education and Science of April 18, 2013 No. 291.

An employment contract with students can be concluded only for the duration of practice or indefinitely.

When the employer has no vacancies, students can conclude civil law contracts for the performance of specific works . Such an agreement cannot replace an employment contract. However, it will allow you to give the student a specific production task which he may encounter in his work. In addition, the contract will serve as a justification for the expenses of the organization. In addition, the result and its payment will show how well the student has shown himself in practice.

The organization does not have an agreement with the university where the trainee came from

In this case, there are no differences from the general procedure for registering citizens for work. That is, it is possible to conclude both an employment and a civil law contract.

The enterprise did not conclude an internship agreement with the university, while the student will not perform labor functions

In such a situation, an employment contract with a trainee is not concluded. He is simply introduced to production, given tasks of reduced complexity and shown how he can apply his knowledge in practice. In this situation, the trainee does not do any work required by the employer. He is not paid a salary and does not consider seniority. Often, this is how educational practice is carried out, when the student's knowledge is still not enough to complete the full-fledged work. The fact that it is not necessary to hire a student and conclude an employment contract with him is also confirmed by the definitions given in articles 11, 58 and 59 of the Labor Code of the Russian Federation.

Let's say a few words about the work book. If an employment contract is concluded with the trainee (fixed-term or indefinite), the work book is drawn up according to general rules. When a civil law contract is concluded with an intern, or is it generally - an entry in the work book about the practice is not made. After all, it is issued only to those who are in an employment relationship with the employer (Article 66 of the Labor Code of the Russian Federation).

By the way, do not confuse student practice and internship of specialists. In the second case, people improve their skills. That is, they receive additional education. Those enterprises that accept trainees must have a license for educational activities. For student practice, you do not need to obtain a license.

Attention: conducting an internship without a license for educational activities provides for administrative and criminal liability

For an internship without a license, you will be fined:

• organization - in the amount of 40,000 to 50,000 rubles;

• officials - in the amount of 4,000 to 5,000 rubles. For example, such a fine can be imposed on the head.

Such liability is established in Part 2 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation.

Criminal liability awaits the head if the employer receives income from the internship. The punishment depends on its size - in a large and especially large size. By a large amount of income, legislators mean an amount of more than 1,500,000 rubles, but less than 6,000,000 rubles. Especially large size implies large sums.

So, for a large-scale income, the manager will face one of the following punishments:

• fine up to 300,000 rubles. or in the amount of salary or other income for two years;

• compulsory work (up to 480 hours);

• arrest for six months.

For income on a particularly large scale, the head will be punished more seriously. So, he will be brought to one of the following types of liability:

• fine up to 500,000 rubles. or in the amount of salary or other income for a period of one to three years;

• forced labor up to five years;

• imprisonment for up to five years, possibly with a fine of up to 80,000 rubles. or in the amount of salary or other other income for a period of up to six months.

All this is provided for by parts 1 and 2 of Article 171 of the Criminal Code of the Russian Federation.

Situation: Is it possible for a medical institution to hire a doctor if he has not worked according to his profile for five years?

Yes, you can.

The main thing is that by the time of employment, the doctor presents a certificate of a specialist and undergoes professional retraining. It is these requirements that are contained in subparagraph 3 of paragraph 1 of Article 100 of the Law of November 21, 2011 No. 323-FZ.

If these conditions are not met, medical institution has the right to refuse an applicant for employment in the specialty.

Doctors are assigned qualification category. It is valid for five years from the date of issuance of the order on its assignment. Therefore, in order for a doctor to be able to do work corresponding to his qualifications, he must confirm it and submit a document that indicates the level of his competence. If such documents are not submitted, you can hire a doctor. However, it will not work to allow him to tasks that require a certain qualification. All this follows from paragraphs 4, 5, 27-33 of the Procedure approved by the order of the Ministry of Health of Russia dated April 23, 2013 No. 240n.

Information about the employment of former civil servants

When you hire a former civil servant, report it to his last job. This must be done within 10 days from the date of signing an employment contract with him. True, it is not always necessary to do so. The fact is that it is necessary to report the employment of a former civil servant only if the following conditions are met simultaneously:

• less than two years have passed since the dismissal of a person from the state or municipal service;

• the employee held a position that is included normative documents in special list. For federal civil servants, such a list was approved by Decree of the President of the Russian Federation of May 18, 2009 No. 557. For civil servants of the constituent entities of the Russian Federation (municipal employees), the relevant lists should be developed by state power subjects of the Russian Federation (authorities local government) (clauses 1, 4 of the Decree of the President of the Russian Federation of July 21, 2010 No. 925, part 4 of article 12 of the Law of December 25, 2008 No. 273-FZ).

Find out this information from the former civil servant himself. He is obliged to inform employers about this within two years after his dismissal from the civil service.

All this follows from Article 64.1 of the Labor Code of the Russian Federation and Article 12 of the Law of December 25, 2008 No. 273-FZ.

Attention: an employer who does not report the hiring of a former civil servant or does not do so in a timely manner will be fined.

Such an offense is punishable by the following fines:

• from 2000 to 4000 rubles. - for citizens;

• from 20,000 to 50,000 rubles. - for officials, for example, the head;

• from 100,000 to 500,000 rubles. - for the organization.

This is provided for by Article 19.29 of the Code of Administrative Offenses of the Russian Federation.

In order to transfer information to the place where the employee previously served, write a letter. Compose it in free form . The main thing is to take into account the requirements given in paragraphs 3, 5 and 6 of the Rules approved by Decree of the Government of the Russian Federation of January 21, 2015 No. 29. That is, be sure to indicate in the letter:

• surname, name and patronymic of the citizen. If, after dismissal from the civil service, this information has changed, it is necessary to indicate those that were valid at the time of termination of service;

• date and place of birth of the former civil servant;

• the position that the person occupied in the service;

• full and abbreviated name of your organization;

• the date and number of the order, the order to enroll the employee in the state;

• date of conclusion of the employment contract. If it is urgent, also indicate the period for which the employment contract is concluded;

• the position for which the employee was hired, and the department where he works.

Commission consent in case of conflict of interest

If a former civil servant gets a job in an organization, certain functions government controlled which included the official (service) duties of a state or municipal employee, he can do this only with the consent of a special commission. He must receive it within two years from the date of dismissal from the state or municipal service (part 1 of article 64.1 of the Labor Code of the Russian Federation).

The citizen is obliged to provide the decision of the commission during employment. He receives such consent himself. If it is revealed that the citizen did not do this, the employment contract with him will be terminated. There is such a requirement in part 3 of article 12 of the Law of December 25, 2008 No. 273-FZ.

In order to obtain the consent of the commission, a citizen applies to the following authorities:

• personnel department government agency for the prevention of corruption and other offenses;

• to the official of the personnel service of the state body responsible for the work on the prevention of corruption and other offenses.

He must do this in writing. All this is explained in the letter of the Ministry of Labor of Russia dated December 30, 2013 No. 18-2 / 4074.

Situation: from what day can a new employee be hired instead of someone who goes on vacation with subsequent dismissal?

A new employee can be issued from the first day of vacation with the subsequent dismissal of his predecessor. In this case, before the end date of the vacation with a newcomer, you need to conclude a fixed-term contract. And then - decide to change the term of the employment contract.

Let's explain. As a general rule, for employees who go on vacation with subsequent dismissal, the last day of vacation is considered the day of dismissal (part 2 of article 127 of the Labor Code of the Russian Federation). However, the employer must finally pay and issue a work book before the start of the vacation (paragraph 3, paragraph 1 of the letter of Rostrud dated December 24, 2007 No. 5277-6-1, paragraph 3, paragraph 2 of the ruling of the Constitutional Court of the Russian Federation of January 25, 2007 No. 131-O-O).

It turns out that the last day of work in this situation is the day preceding the start date of the vacation with subsequent dismissal. From the first day of vacation, the employee is no longer connected with the employer by labor relations. It is from this date that the staff unit he occupied is considered free. And therefore, a new employee can be accepted at his rate.

But since the predecessor will be fired only at the end of the vacation, sign a fixed-term employment contract with the new employee for this period (Article 59 of the Labor Code of the Russian Federation). And after the holidays convert a fixed-term employment contract to an indefinite one .

Recruitment on weekends

Situation: Is it possible to hire an employee from a weekend or holiday?

Yes, you can.

After all, the legislation does not contain restrictions on the day of employment. It is specified in the employment contract. That is, they are determined by agreement between the employee and the employer. Based on the employment contract, the manager orders the inclusion of a new employee in the state. The date of hiring an employee in the order must correspond to the day fixed in the employment contract. So it turns out that the date of hiring can fall on any day - both a working day and a holiday or weekend.

This conclusion follows from articles 56, 57, 68 of the Labor Code of the Russian Federation.

In this case, the date of admission of a new employee and the day of his actual start to work may not coincide. The fact is that the date the employee actually goes to work is additionally determined by the work schedule of the organization or the individual work schedule of the employee (Article 100 of the Labor Code of the Russian Federation).

An example of hiring an employee from a holiday

On December 30, 2015, between the Alpha organization represented by the director A.V. Lvov and V.N. Zaitseva concluded an employment contract, according to which Zaitseva is accepted into the organization for the position of an accountant. The date of commencement of work in the employment contract is set as January 1, 2016. On the same day (December 30, 2015), the director issued an order to hire an employee from January 1, 2016.

The day Zaitseva actually goes to work is determined according to the work schedule of the organization. In "Alfa" the first working day after new year holidays- January 11, 2016.

Denial of employment

Employment may be denied for the following reasons:

• inadequate education;

• insufficient work experience;

• lack of the necessary profession and qualifications;

• medical contraindications.

Such an indicative list is given in paragraph 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

A candidate who was not hired has the right to demand in writing that he be informed in writing of the reasons for the refusal. The employer is obliged to report the reason for the refusal no later than within seven working days from the date of presentation of such a requirement (part 5 of article 64 of the Labor Code of the Russian Federation).

We warn you: you cannot indicate pregnancy, the presence of children, lack of registration, gender, nationality, religion as such reasons (parts 2 and 3 of article 64 of the Labor Code of the Russian Federation). Moreover, it is forbidden to install discriminatory restrictions in announcements when looking for new employees for vacant positions (clause 6, article 25 of the Law of April 19, 1991 No. 1032-1).

Attention: Refusal to hire an applicant for reasons that are in no way related to his business qualities, threatens the employer with fines and litigation. If the employee wins, the employer will be obliged to hire him.

This procedure is provided for by part 6 of article 64 of the Labor Code of the Russian Federation.

Administrative responsibility

Administrative liability is also provided for unjustified refusal to hire:

• for officials of the organization (for example, the head) - a warning or a fine from 1000 to 5000 rubles. (repeated violation entails a fine in the amount of 10,000 to 20,000 rubles or disqualification for a period of one to three years);

• for entrepreneurs - a fine from 1000 to 5000 rubles. (repeated violation entails a fine in the amount of 10,000 to 20,000 rubles);

• for an organization - a fine from 30,000 to 50,000 rubles. (repeated violation entails a fine in the amount of 50,000 to 70,000 rubles).

Such measures of responsibility are provided for in parts 1 and 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Violation of the rights of persons with disabilities

The legislation provides for separate administrative liability for violation of the rights of disabled people in their employment. An unjustified refusal to hire a disabled person within the established quota entails the imposition of a fine on officials of the employer in the amount of 5,000 to 10,000 rubles. (Article 32 of the Law of November 24, 1995 No. 181-FZ, Part 1 of Article 5.42 of the Code of Administrative Offenses of the Russian Federation).

Violation of the rights of pregnant women and mothers

For an unreasonable refusal to conclude an employment contract with a pregnant woman or mother of children under the age of three, an employer official will be held criminally liable. Namely, one of the following types of punishment can be established:

• a fine of up to 200,000 rubles;

• a fine in the amount of the salary or other income of the convicted person for a period of up to 18 months;

• Compulsory work for a period of 120 to 360 hours.

This is stated in article 145 of the Criminal Code of the Russian Federation.

Situation: How to justifiably refuse to hire and conclude an employment contract?

You can refuse on the grounds related to the business qualities of the applicant or the specifics of a particular job.

The business qualities of the applicant are divided into two groups:

• professional qualifications. In particular, the presence of a profession, specialty, qualification;

• personal qualities. That is, the state of health, the presence of a certain level of education, work experience in a specialty or industry, etc.

Non-compliance with any of the listed qualities can be used as a basis for refusing employment. And that would be a valid denial.

It should be noted that the employer has the right to impose additional requirements on applicants, due to the specifics of a particular job. For example, knowledge of one or more foreign languages, the ability to work on a computer. The refusal to conclude an employment contract to an applicant who does not meet such requirements is also justified.

Moreover, individual requirements specific to a particular type of labor can be established at the federal level (part 3 of article 3 of the Labor Code of the Russian Federation). In particular, special requirements are established for applicants for work:

• in the FSB of Russia (Article 16 of the Law of April 3, 1995 No. 40-FZ);

• customs (Article 7 of the Law of July 21, 1997 No. 114-FZ);

• the prosecutor's office (Article 40.1 of the Law of January 17, 1992 No. 2202-1).

The non-compliance of the applicant with these requirements can also be legitimately cited as a justification for refusing to hire.

Similar explanations are contained in the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Advice: Refusal to hire will have to be documented if required by the candidate. Moreover, the requirements that you present, it is better to issue job description. In its text, indicate the requirements for education, work experience, knowledge that an applicant for a particular position must meet.

Attention: Refusal to hire may be challenged in court.

An example of notifying an applicant about the reason for refusing to conclude an employment contract

The company has an opening for an electrician. A.V. applied for this position. Lampochkin, but he was denied an employment contract. At Lampochkin's request, the organization's management sent him notification of the reason for refusal to conclude an employment contract .

Situation: Is it possible to refuse employment to citizens belonging to the categories of the population for which job quotas are provided? The organization is located in Moscow.

Yes, you can. However, the organization has the right to do this only for an objective reason or when the quota is fully selected.

After all, if average headcount employees exceeds the threshold, and there is no objective reason not to hire a citizen for whom a quota is provided, then he will have to be accepted into the state. The employer is not entitled to act differently (part 1 of article 64 of the Labor Code of the Russian Federation).

The objective reasons for refusing to hire include, for example, the applicant’s unsuitable education, insufficient work experience, lack of the necessary profession, qualifications, medical contraindications (clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).To calculate the quota of employees with harmful and (or) dangerous working conditions, do not count in the average number of personnel. The main thing is to confirm the difficult conditions with results special assessment of working conditions (workplace attestation ).

Quotas in Moscow

In Moscow, jobs are quotas with an average number of employees of more than 100 people (Part 1, Article 3 of the Law of the City of Moscow dated December 22, 2004 No. 90). This means that with a smaller average number of employees, it is not necessary to provide jobs according to the quota.

Quotas for employment in Moscow are valid for persons with disabilities and youth of certain categories listed in Part 1 of Article 2 of the Law of the City of Moscow dated December 22, 2004 No. 90. For example, quotas are provided for university graduates aged 21 to 26 years who are looking for work for the first time, for minors aged 14 to 18 years.

Organizations are obliged to create or allocate quota jobs on their own at their own expense. Jobs are considered created, allocated if they are employed by citizens for whom a quota is provided.

This procedure is established by part 2 of article 2, part 2 of article 4 of the Law of the City of Moscow dated December 22, 2004 No. 90, paragraphs 2.6, 2.7 of the Decree of the Government of Moscow dated August 4, 2009 No. 742-PP.

Here is how the Moscow quota of 4 percent of the average number of employees is distributed:

• at least 2 percent - for the employment of disabled people;

• no more than 2 percent - for enrollment in the state of youth of certain categories.

At the same time, the ratio of the proportion of disabled people to the proportion of young people can be varied in the direction of increasing the proportion of disabled people, but only within the established 4 percent. This is stated in Article 3 of the Law of Moscow dated December 22, 2004 No. 90.

Information for the employment service

Employers are required to submit monthly information to the employment service:

• about available vacancies;

• on created or allocated jobs for the employment of persons with disabilities in accordance with the established quota. Including information about local regulations that establish this;

• on the fulfillment of the quota for the employment of persons with disabilities.

This procedure is established by paragraph 3 of Article 25 of the Law of April 19, 1991 No. 1032-1, paragraph 3 of Part 2 of Article 24 of the Law of November 24, 1995 No. 181-FZ.

In addition, in Moscow, organizations in which the average number of employees is more than 100 people are required to quarterly submit to the Job Quotation Center information on the fulfillment of the established quota in the form No. 1-quota (part 4 of article 4 of the Law of Moscow dated December 22 2004 No. 90, clause 2.9 of the regulation approved by the Decree of the Government of Moscow dated August 4, 2009 No. 742-PP).

A responsibility

Attention: for violation of the requirement to allocate quotas and in cases of unreasonable refusal to hire the employer, the employer will be held administratively liable.

Namely, the penalty:

• from 30,000 to 50,000 rubles. - for organizations;

• from 3000 to 5000 rubles. - for officials, for example the head.

Such liability measures are provided for in Article 5 of the Law of the City of Moscow of December 22, 2004 No. 90 and Article 2.2 of the Law of November 21, 2007 No. 45.

At the same time, for violation of the rights of persons with disabilities in their employment, administrative liability is provided at the federal level. For this, officials of the organization are fined in the amount of 5,000 to 10,000 rubles. (Article 32 of the Law of November 24, 1995 No. 181-FZ, Part 1 of Article 5.42 of the Code of Administrative Offenses of the Russian Federation).

If the organization does not create quota places for youth, the legislation provides an alternative. In this case, it is necessary to pay monthly to the budget of Moscow the compensation cost of the quota workplace in the amount of the subsistence minimum for the able-bodied population. The amount of the subsistence minimum is determined on the day the specified cost is paid. This is stated in subparagraph 2 of paragraph 3 of Article 2 of the Law of the City of Moscow dated December 22, 2004 No. 90.

Situation: Is it possible to prosecute an organization that refused to employ a citizen? Reason for refusal: the citizen insisted on the absence of a probationary period clause in the employment contract.

No.

An employment contract cannot be concluded if the parties have not reached an agreement on all its terms. The absence of a probationary period is an additional condition of the employment contract. If a citizen refuses to include a test condition in an employment contract, this means that an agreement between the parties has not been reached. This situation cannot be qualified as a denial of employment. Therefore, the applicant has no grounds for going to court.

This follows from articles 57 and 70 of the Labor Code of the Russian Federation.

Employment involves a series of actions, the sequence of which must be observed. It is especially important to correctly and competently document the fact of the conclusion of reimbursable relations between the employee and the employer.

First step: when hiring, it consists in the consideration by the employer of the submitted documents and making a decision on hiring an employee.

At the first stage, it is necessary to find out if the candidate has restrictions on engaging in certain types of activities (Article 351.1 of the Labor Code of the Russian Federation). Perhaps he has restrictions on the job for which you are going to accept him.

Documents presented by the employee when concluding an employment contract:
– passport or other identity document;
- a work book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis;
— insurance certificate of state pension insurance SNILS;
- military registration documents - for those liable for military service and persons subject to conscription for military service;
- a document on education and (or) qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;
- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body responsible for the development and implementation of state policy and regulatory legal regulation in the field of internal affairs, - when applying for a job related to activities, to the implementation of which, in accordance with the Labor Code of the Russian Federation, other federal law, persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed.

In some cases, in a step-by-step procedure for hiring, taking into account the specifics of work, the Labor Code of the Russian Federation, other federal laws, presidential decrees Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present at the conclusion of an employment contract additional documents.

1. Medical examination of an employee in cases provided for by law.

Mandatory preliminary medical examination when concluding an employment contract, in accordance with Art. 69 of the Labor Code of the Russian Federation are subject to:
- persons under the age of 18;
- other persons in cases provided for by the Labor Code of the Russian Federation;
— other persons in cases stipulated by federal laws.

1. Providing required information to the employer.

According to Art. 64.1 of the Labor Code of the Russian Federation, citizens who held positions, the list of which is established by the regulatory legal acts of the Russian Federation, after dismissal from the state or municipal service within two years, are obliged to inform the employer about the last place of service when concluding employment contracts.

Second step: receive a job application from an employee.
Application - a document addressed to an organization or an official with a request for admission, dismissal, transfer, leave, consideration of a complaint, etc.

The application is drawn up either by hand in any form, or on a stencil form. The application includes the following details: addressee (to whom it is addressed); addressee (from whom it is written); address data of the addressee (where he lives, phone, passport data on request); type of document; text; signature; the date.

The application is not an indispensable document, because the law does not require the mandatory presence of this application, but it may be useful.

Firstly, in the application, you can enter the information necessary for the employer to issue a personal card, for inclusion in a personal file.

Secondly, in cases of disputes about working conditions agreed by the parties. Disputes may arise regarding working hours, working hours, etc. Mostly disputes occur when, after the application, the employment contract is not drawn up or is drawn up, but does not contain all the conditions agreed by the parties.

The application form can be arbitrary, but must comply with all the requirements of GOST R6.30-2003. For example,

Director of NII AK
I. V. Ivanov
Petrov Ivan Ivanovich
residing at:
st. Mira, d.1, kv.1,
Moscow city

Statement

I ask you to accept me for the position of senior researcher at the Laboratory of Chemical Synthesis from 24.08.20014.

Personal signature I. I. Petrov

If the application from the employee was accepted, then it should be registered in the relevant Application register.

Third step: familiarize the employee with the documents.

According to Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with a number of documents:
- job description;
- internal labor regulations;
- a collective agreement, if it is concluded, as well as with other local regulations directly related to the employee's labor activity.

We recommend that you familiarize the employee, in particular, with the instructions on labor protection, regulations on departments, regulations on attestation, regulations on trade secrets, regulations on remuneration and bonuses, job descriptions, as well as work schedules, shift schedules.

Fourth step: conclusion of a written employment contract with the employee and if there are grounds for an agreement on full liability.

According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. When concluding labor contracts with certain categories of employees, labor legislation and other regulatory legal acts containing norms labor law, it may be necessary to agree on the possibility of concluding employment contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies. Employment contracts are registered in the Book of Registration of Employment Contracts.

Please note that the conclusion of a full liability agreement is not a mandatory step. However, at this stage it can also be very useful. Let's assume that an agreement on full liability is not immediately concluded with an employee. And after hiring to conclude this contract, he already refuses. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to conclude an agreement on full liability, whether it is possible to punish or dismiss those who are recalcitrant. Among lawyers, judges, inspectors, there are different points of view on this matter. And in order not to prove your position to someone in case of an unpleasant event and avoid unnecessary problems, it is better to conclude an agreement on full liability not much later, but at the same time as resolving the issue of hiring and applying for a job. At the same time, do not forget that the conclusion of such contracts is possible only with a circle of employees strictly defined by the legislator.

If the enterprise is Book of registration of agreements on full liability, the concluded contract should be registered.

Fifth step:give the employee a copy of the employment contract.

Ensure that the employee affixes a signature on the copy of the employment contract transferred to the employer, confirming that the employee has received his copy of the contract. We recommend putting the phrase “I received a copy of the employment contract” before the signature. According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

Sixth step: issuing a job order.

The order (instruction) on employment is issued in the form T-1 (on the admission of an employee) or T-1a (about hiring workers), approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 dated 05.01.2004. on the basis of the concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

Note: The unified form applies “to organizations, regardless of their form of ownership, operating on the territory of the Russian Federation” (clause 2 of the Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004).

When developing an "amateur" form, there is a risk of not specifying any of the mandatory details or conditions, for example, whether the work is the main or part-time, whether probation, wage conditions. And this will lead to negative consequences in the event of a dispute with the employee in the future.

Seventh step: register an order about hiring an employee Journal of registration of orders(orders).

Eighth step: familiarize the employee with the order(instruction) on employment against signature. According to Art. 68 of the Labor Code of the Russian Federation, the order (instruction) of the employer on hiring is announced to the employee against signature within three days from the date of the actual start of work.

Ninth step: make a record of employment in the work book.

According to Art. 66 of the Labor Code of the Russian Federation, an employer (with the exception of employers - individuals, which are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case when work for this employer is essential for the worker. If the employee does not have a work book, then the employer draws it up. At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

Tenth step: it is necessary to make an entry in the Book of accounting for the movement of work books and inserts to them.
The forms of the Book of accounting for the movement of work books and inserts to them and the income and expense book for accounting for forms of work books and inserts to them were approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Eleventh step: issue a personal card for an employee, to familiarize him against signature in a personal card with the entry made in the work book, with the information entered in the personal card. The personal card form T-2 was approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. The rules for issuing a personal card are discussed in the lecture "Personal Card".

Twelfth step: file a personal file of an employee, if in relation to his position the employer has established the obligation to maintain a personal file. A personal file involves the execution and acceptance of various kinds of documents. About the rules for completing and maintaining personal files, we will consider in the lecture "Personal File"

Thirteenth step: include the new employee in the time sheet and other documents.

Sooner or later, almost every businessman is faced with hiring staff in his company. The selection of applicants and their admission is not an easy process, and it is not in vain that in large companies This is done by special services. When a suitable person is found, before he takes up duties, he must be properly formalized. 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, tests and other procedures that the employer conducts to make sure the candidate is suitable. Before inviting a person for registration labor agreement, you need to make sure that he has all the necessary papers:

• the passport;
• TIN and insurance pension certificate;
• education documents;
• employment history;
• military registration documents (for those liable for military service).

If an employee first gets a job, he may not have a work book, tax certificate, SNILS. The execution of a work book is the responsibility of the employer, and other documents can be requested later.

For a number of positions, a mandatory medical examination is provided for: for workers in contact with products, medical staff, security officials, drivers, etc. Employees in these categories are required to present a medical examination certificate.

If everything is in order with the papers, the applicant must write an application for employment. The application is being coordinated along the route provided for by the internal regulations of the organization, and only after obtaining the director's visa, you can begin to form 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 the inclusion of an employee in the staff of the enterprise and an entry in the work book (except for part-time workers). In the second case, it means working outside the state, without paid vacations and sick days.

Most enterprises hire staff "by labor" with the conclusion of a fixed-term or open-ended contract:

1. Under a fixed-term agreement, an employee is involved in work for a certain period, for example, for 1 year with a specific date of dismissal or for a period, the end of which will be determined by the exit of the temporarily absent main employee. The most common wording is for the duration of maternity leave.
2. Unless otherwise specified in the text of the contract, it is considered unlimited, and the employee is accepted for permanent work.

The contract with the employee being hired must disclose all essential conditions labor:

• position and department;
• physical place of work;
• mode of operation;
• the amount and procedure of payment;
• additional terms;
• functional responsibilities.

Mandatory items are the rights and obligations of the parties, the procedure for resolving disagreements between the employee and the employer. If a probationary period is envisaged 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 it is possible to hire an executive with a six-month "check".

The employment agreement is drawn up in writing, in two identical copies - one for each party. The contract is sealed by the signatures of the employee and the head of the organization. A copy of the employer is subsequently stored in the employee's personal file, the second copy remains in his hands.

Documents signed together with the employment contract

How to hire a person if his position involves interaction with money, goods, material values, confidential data? The documents regulating these moments are signed simultaneously with the employment agreement.

First of all, we are talking about an agreement on full liability. Without it, a beginner should not be allowed access to commodity-money values, even if he is still in the status of a student, a 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, a liability agreement is included with the standard "reception" package of a personnel officer.

Non-disclosure documents are responsible for the protection of personal data, commercial, official, banking secrets: the employee who signed such a paper undertakes not to transfer information included in the list of confidential information to third parties. Violation threatens him, at a minimum, with dismissal, at a maximum - with 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 take it out of the content of the employment contract and issue it as an application. This document will be an integral part of the contract, but its separation will allow you to supplement duties without redoing and re-signing the main contract.

The procedure adopted in the organization may provide for familiarization under signature with internal regulations: job description, labor regulations, regulations and regulations. These papers are usually handed to a newcomer for reading and signing during the hiring process, and familiarization sheets with them are invested in the employee's personal file. After the employment contract and all accompanying documents are signed, they are registered in the personnel register.

The order of acceptance to work

Within three days from the date of the conclusion of the contract, an order for employment must be prepared. For this personnel document, a unified form T-1 is provided.

The order states:

• Enrollment Date;
• conditions of admission (permanently, temporarily - for how long, when replacing an absent employee - indicating his full name, part-time);
• position and structural unit;
• salary;
• test period.

Having familiarized himself with the order, the employee affixes a signature under it, and the document itself is registered in the journal of orders for personnel. If, having registered for work, the employee did not show up for it, and such situations are not uncommon, the order can be canceled without registering anywhere and without making an entry in the work book.

Entry in the work book

If the person entering the enterprise has not worked anywhere before, and he does not have a work book, you need to get it. The designation of new and filling out old books is handled by the appointed personnel worker, he also keeps a record of them in a special journal and organizes their storage.

An employment record is made only after the personnel service has received an order for an employee with a signature on familiarization, but no later than 5 working days from the date of the contract. To hire part-time, you do not need to fill out a work book. If a person wants to record the fact of combining, he can do this with the main employer.

Registration of a personal card

Personal card - binding document personnel records. It is started in the T-2 form (T-2GS and T-4 for civil servants and researchers, 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 issued by orders . Personal cards exist in paper form, and all information entered into them is brought to the staff under signature.

In the instructions on how to properly hire, there is usually an item “registration of a personal file”. This is not required, but to maintain order in personnel document flow it is recommended to keep a separate folder for each person, where all the necessary papers are stored: copies of documents, orders, personal cards, etc.

Employment of a minor

• age over 14;
• parental consent;
• easy working conditions;
• no medical restrictions.

The working day of such an employee cannot last more than 7 hours (for children from 16 years old), and the limit for students is 4 hours. In addition, workers under the age of 18 do not have a probationary period.

To hire a minor, he needs to request a set of documents:

• birth certificate;
• the child's passport and a copy of the passport of the parent who gave the work permit;
• written permission from a parent;
• school certificate (if any);
• for students - reference from educational institution with the lesson schedule;
• TIN, SNILS (if any);
• registration certificate (for boys registered in the military);
• medical certificate.

Registration of foreign workers

The problems of employment of workers who came from other countries are related to the requirements of migration legislation. In terms of design personnel documents special differences between a foreigner and Russian citizen no. There is a difference in the very rules of hiring staff.

An organization can hire a foreign citizen only if it has received permission to do so. For enterprises that need the work of visa-free migrants, the FMS allocates quotas for attracting foreign workers. The exception is persons who have been recognized as refugees or have received temporary asylum on the territory of the Russian Federation - they can be taken without restrictions. The same rule applies to foreign students undergoing full-time study, and employees of organizations - foreign legal entities.

Invitation to work by Russian firms of highly qualified "imported" specialists with an annual income of 2 million rubles. requires a special permit.

When applying for a job, a foreigner is obliged 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 the formalities, each newly concluded employment contract must be registered with the FIU and the social insurance fund. Failure to comply with this policy may result in fines being imposed on the employer.

Hiring is a procedure performed by personnel officers almost every day. And everything seems to be adjusted to automatism ... nevertheless, sometimes questions arise. For example, what if the employee does not have the original education document or does not have military registration documents? In this article, we will give answers to these and some other questions that most often arise when applying for a job.

Documents to be presented at the conclusion of an employment contract

Labor relations - relations based on an agreement between the employer and the employee on the personal performance by the latter of the labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of assigned work), subordination of the employee to the rules of internal labor regulations while providing the employer with working conditions provided for by labor legislation and other acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation).

Labor relations arise between the employee and the employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation by agreement. However, an agreement may also be concluded on the basis of election to a position or by competition, appointment to a position, assignment to work on account of an established quota, or a court decision on the conclusion of an agreement. In addition, employment relations may arise on the basis of actual assumption an employee to work with the knowledge or on behalf of the employer or his representative in the event that the employment contract was not properly executed.

Article 65 of the Labor Code of the Russian Federation establishes that when concluding an employment contract, a person entering a job presents to the employer:

- Passport or other identification document. Other documents include, for example, a sailor's passport, or a sailor's identity card, since in accordance with Decree of the Government of the Russian Federation of December 1, 1997 N 1508 "On Approval of the Regulations on the Sailor's Passport" it is an identity document;

- a work book, except for cases when an employment contract is concluded for the first time or an employee is hired on a part-time basis;

— insurance certificate of state pension insurance;

- military registration documents - for those liable for military service and persons subject to conscription for military service. Such documents, on the basis of clause 28 of the Regulations on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 N 719, include a certificate of a citizen subject to conscription for military service (for conscripts) and a military ID (a temporary certificate issued instead of a military ID) (for those liable for military service);

- a document on education and (or) qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training. In addition to diplomas of education, you can require other documents. For example, when you see a doctor, you need to request a specialist certificate, when you see an auditor, you need an auditor qualification certificate, etc.;

- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body responsible for the development and implementation of state policy and regulatory legal regulation in the field of internal affairs - when applying for a job related to activities to which, in accordance with the Labor Code of the Russian Federation, other federal law, persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed.

Regarding the last document, employers have a question: is the employee himself obliged to provide such a certificate or should the employer make a request? Of course, the employee independently applies to competent authorities and receives a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds. The employer doesn't have to do anything.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract (part 2 of article 65 of the Labor Code of the Russian Federation). For example, Art. 283 of the Labor Code of the Russian Federation allows, when hiring a part-time job for hard work or work with harmful and dangerous working conditions, to require a certificate of the nature and working conditions at the main place of work. And on the basis of the Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", an employer may require a work permit from a foreign citizen.

Note! It is forbidden to demand from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

Quite often, employers, among other documents, require from an employee a certificate of registration of an individual with a tax authority at the place of residence in the territory of the Russian Federation (TIN), and if there is none, they refuse to accept. Let's just say that the request this document, especially the refusal to hire due to the failure to provide a TIN, is a gross violation of labor legislation. You ask: how can it be without a TIN, because personal income tax must be transferred from wages and this document is simply necessary? Indeed, it is the TIN that identifies a specific person in the system of taxes and fees, and the employer will need it to transfer personal income tax, but you can only explain to the employee the need for this document.

The employer's requirement to present a document on registration at the place of residence or stay when applying for a job is also illegal. The absence of this document cannot serve as a basis for refusing to conclude an employment contract (Letter of Rostrud dated December 18, 2008 N 6967-TZ).

Note. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the employer.

If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

After presenting all required documents the employee is usually asked to write a job application. However, such a statement has lost its significance, since the signing of an employment contract is mandatory. But if you write a statement, it won’t be worse: this is an interim agreement on going to work, which, purely psychologically, can be important for the candidate. In addition, if this is the first place of work of a person, then at the end of the application he writes that he has not been issued a work book before, and signs it, which means that the employer needs to have a work book.

Note that in some cases the application is still necessary (in most cases in government agencies). In particular, when entering the municipal service, a citizen submits an application with a request for admission to this species services ( the federal law dated 02.03.2007 N 25-FZ "On municipal service In Russian federation").

Familiarize yourself with local regulations

Based on Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee’s labor activity, the collective agreement.

Everything is clear with the internal labor regulations - they regulate the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in this employer. The employee must be familiarized with this document. But with regard to other local acts, the question arises - which of them to familiarize the employee with? We answer. It is necessary to familiarize the employee not with all the local acts available in the organization, but only with those that directly relate to him labor activity. For example, these may be provisions on wages (Article 135 of the Labor Code of the Russian Federation), on the storage and use of personal data of employees (Article 87 of the Labor Code of the Russian Federation), on trade secrets, and on certification of employees.

Note! The fact of familiarization with local regulations must be confirmed by the signature of the employee. To do this, a journal of familiarization with local acts is started or the employee signs on the familiarization sheet, which is filed with the local normative act. There will be no superfluous mark on familiarization in the employment contract, for example: "I am familiar with local regulations before signing the employment contract" (then signature, date).

Why do you need an introduction, you ask. The fact is that if the employee is not familiarized with local acts relating to his labor activity, it will be problematic to hold him accountable in case of any misconduct. For example, if the employer has not developed and adopted local acts regulating the work with confidential information, or employees are not familiar with them, then no claims can be made against the employee who disclosed such information.

Employment contract and order of admission

Article 57 of the Labor Code of the Russian Federation establishes a list of conditions and information required to be included in an employment contract: place of work, labor function, date of commencement of work, conditions of remuneration, etc. I would like to focus on the condition of remuneration. Quite often, the following phrase is written in an employment contract: "Remuneration is carried out according to the staffing table" or "The employee's salary is set in accordance with the staffing table." To what extent do these statements comply with the law? Not at all, and here's why. Based on Art. 135 of the Labor Code of the Russian Federation wages is a mandatory condition of the employment contract and its amount is determined in it in accordance with the remuneration systems in force for this employer. The official salary is a fixed amount of wages (Article 129 of the Labor Code of the Russian Federation). And in the employment contract, the terms of payment must be fixed without fail, and Art. 57 of the Labor Code of the Russian Federation specifies that it is necessary to indicate the size tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments.

Note. If the employee started work with the knowledge or on behalf of the employer or his representative without concluding an employment contract, the employer is obliged to draw up such an agreement with him in writing no later than three working days from the date the employee was actually admitted to work (Article 67 of the Labor Code of the Russian Federation).

We will not consider the wording of other terms of the employment contract - this is a topic for a separate article. We only add that the employment contract is concluded in writing in two copies, each of which is signed by the employee and the employer (Article 67 of the Labor Code of the Russian Federation). One copy is given to the employee and the other is kept by the employer. At the same time, we recommend that you take from the employee a written confirmation of receipt of a copy of the employment contract. It is best if such a mark is on a copy of the contract kept by the employer.

On the basis of the employment contract signed by the parties, an order for employment is issued. Please note that since 2013 unified forms, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1, are not mandatory for use, therefore, the order can be issued in the form approved by the organization.

In any case, the order should reflect:

- surname, name, patronymic and position of the employee;

— structural subdivision (if any);

- salary (tariff rate);

- the period of probation (if such is established in the employment contract).

You can specify other conditions that reflect the specifics of labor activity (for example, that an employee is accepted for part-time work).

Note. The content of the order (instruction) must comply with the terms of the contract.

Based on Part 2 of Art. 68 of the Labor Code of the Russian Federation, the order (instruction) of the employer on hiring is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

We note one nuance when issuing an order - the dates of the order and the start of work may not coincide. For example, the start date of work determined by the employment contract may be later than the date on which the contract was signed and the order was issued. Or vice versa, the order may be issued later than the employee started work (if actual admission), respectively, the date of the order will be later than the date of commencement of the employment relationship.

Personal card, work book and other documents

Filling out a personal card is an important stage in applying for a job. In addition to a personal card for a scientific and scientific-pedagogical worker, the T-4 form is also maintained " Registration card scientific, scientific and pedagogical worker".

Why is a personal card so important? Because it records information about the employee, as well as all the events that happen to him during the period of labor activity in a particular organization - transfer, advanced training, vacation, etc. In addition, on the basis of the Rules for maintaining and storing work books with each contribution in the work book with an entry about the work performed, transfer to another permanent job and dismissal, the employer is obliged to acquaint its owner against signature in his personal card, in which the entry made in the work book is repeated. As you can see, a personal card is not just a whim, but a requirement of regulations.

Note. The personal card must be filled out by the personnel officer on the basis of the documents submitted by the employee. Then the card is certified by the signatures of the employee and personnel officer.

Is it possible to keep a personal card in in electronic format? This issue is increasingly of concern to personnel officers, since electronic document management is largely replacing paper. Instructions for the use and completion of primary accounting documentation, contained in Resolution No. 1, do not give an answer to the question of the form in which the cards should be kept - in handwritten or electronic. But since when filling out some sections of a personal card, the entries made must be certified by the signature of the employee, maintaining personal cards only in electronic form is unacceptable.

Sometimes the employee's personal card is turned into a kind of personal file, putting in it copies of documents, statements and other documents relating to the employee's labor activity. This is mistake. If the company has personal files, then personal cards can be placed in them (usually for a personal file they start a folder made of thin cardboard with strings).

Let us dwell separately on the work book, since a job entry must be made in it.

By virtue of h. 3 Article. 66 of the Labor Code of the Russian Federation, an employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. Information about part-time work is entered in the employee's work book at the place of main work on the basis of a document confirming part-time work.

According to paragraph 8 of the Rules for maintaining and storing work books, an entry in the work book on employment is made on the basis of the relevant order (instruction), and no later than a week. And now we will tell you how to do it right.

The main document that establishes the rules for making entries in the work book is the Instruction for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69. General rule(it doesn’t matter for a record of admission or dismissal) is that the entries are made neatly, with a fountain or gel pen, rollerball pen (including ballpoint), light-resistant ink (paste, gel) of black, blue or purple color and without any or abbreviations. For example, it is not allowed to write "pr." instead of "order", "disp." instead of "instruction", "trans." instead of "translated".

Note. The work book of the established form is the main document on the work activity and work experience of the employee (Article 66 of the Labor Code of the Russian Federation).

To make a record of admission, we will be guided by clause 3.1 of the Instruction, in accordance with which, first of all, in column 3 of Sec. "Information about the work" of the work book in the form of a heading indicates the full name of the organization, as well as its abbreviated name (if any). Under this heading:

- in column 1 the serial number of the entry being made is put;

- column 2 indicates the date of employment;

- in column 3, an entry is made about acceptance or appointment to a structural unit of the organization indicating its specific name (if the condition for working in a particular structural unit included in the employment contract as an essential), the name of the position (work), specialty, profession, indicating qualifications;

- column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired (see the sample on page 30).

				Limited	Order dated 11.09.2013
				(LLC "Monday")
				Admitted to the planning department
				economist.

If the work book is drawn up for the first time, then before entering information about work, you need to indicate information about the employee on the first page (title page).

Some personnel officers in the book of people getting a job for the first time, before information about work, write the phrase "Before admission to such and such an organization seniority did not have. "It is absolutely impossible to do this - this entry is not provided for either by the Rules for maintaining and storing work books, or by the Instruction.

What to do when the employee is actually allowed to perform work, and the employment contract is concluded later? The acceptance order will be issued at a later date. For example, an employee started work on September 18, and the employment contract and order were issued and signed only on September 20. The entry will look like this:

				Information on hiring, transfer to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
				Limited	Order dated 20.09.2013
				responsibility "Monday"
				(LLC "Monday")
				Accepted to the warehouse complex
				by profession a storekeeper.

Do not forget to register the work book in the book of accounting for the movement of work books, indicating the series and number of the book and other information provided for by the form (Appendix 3 to the Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 N 69). Upon receipt of a work book in connection with the dismissal, the employee signs in a personal card and in the book of accounting for the movement of work books and inserts in them.