An individual entrepreneur or individual entrepreneur is an independent subject of activity. In the course of its activities, an individual entrepreneur can work independently or involve third parties. These can be both persons with whom an employment contract is concluded, and personnel who are involved in performing one-time work within the framework.
Do individual entrepreneurs need a work book: what does the law say
The Labor Code distinguishes three key categories of employers: entrepreneurs and legal entities. Thus, the special status of individual entrepreneurs follows from legislative norms. He is not an employee of himself, since he does not enter into an employment contract with himself. According to the rules of Art. 20 of the Labor Code, a person who has entered into an employment relationship with an employer can be recognized as an employee.
The Labor Code expressly states that individual entrepreneurs can have the status of an employer. This rule is spelled out in Art. 20 TK. But the individual entrepreneur does not draw up labor relations with himself, therefore, no marks are entered in the work book.
This conclusion follows from the provisions of Art. 66 of the Labor Code, according to which employers keep work books only for their employees.
This is the difference between IP and legal entities. The latter must have at least one employee. Even if they are the same person and there are no more employees in the company, the director is still considered an ordinary employee and must make a mark in his work book for himself.
You may have a work book, because he could well draw it up before opening a business, when he was employed. But a note about his current entrepreneurial status is not needed there.
If the individual entrepreneur has not worked anywhere before and he does not have a work book, then there is no need to start it.
The importance of making entries in the work book is usually associated with what is subsequently determined on their basis. The time of entrepreneurial activity is also included in the insurance experience.. It begins to be calculated from the moment of registration of the entrepreneur until his exclusion from the USRIP on the condition that insurance premiums were paid for him. This rule is contained in Part 3, Clause 1, Art. 7 of the Federal Law "On Compulsory Pension Insurance" No. 167. Information from the USRIP is publicly available, therefore, to confirm the period of entrepreneurial activity, it is not necessary to make entries in the work book.
How to make an entry in the work book of an individual entrepreneur
As already noted, the entrepreneur himself does not make any records.
An entrepreneur makes an entry in the work book of his employee according to general rules. In this case, the entrepreneur should be guided by the Labor Code, Instruction on work books No. 69, Rules of work books No. 255 of 2003. There are no exceptions for entrepreneurs when filling out work books for their employees.
In the third column of the section "Information about work", the entrepreneur should write the full name of the employer (according to clause 3.1 of Instruction No. 69). Here, the full name and the name "individual entrepreneur" are entered in full without abbreviations.
In established cases, records are certified by the seal of the individual entrepreneur. But the entrepreneur is not required to have a seal, so he has the right to certify the record with his signature.
Thus, the entrepreneur himself does not start a work book and does not make any notes that he works for himself. But if an entrepreneur has hired employees under an employment contract, then he must fill out a work book according to general rules.
(No ratings yet)
According to the Labor Code of the Russian Federation, entrepreneurs, as employers, are obliged to document relations with employees. After starting their own business, many need a sample of filling out an individual entrepreneur's work book in order to correctly reflect information about hired employees. In case of violation of regulatory rules, violators face administrative punishment under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.
The obligation of the individual entrepreneur to fill out a work book
According to Art. 66 of the Labor Code of the Russian Federation, the employer starts a labor and an insert to it for each employee who works for him for more than 5 days. The law requires the written execution of employment contracts and contracts.
An individual entrepreneur enters into the documents of employees information on hiring and dismissal. This is spelled out, among other things, in the rules approved by Government Decree No. 225 dated April 16, 2003 and the instructions approved by the Ministry of Labor Decree No. 69 dated October 10, 2003, where the legislator provides samples of work books and the procedure for registering personnel.
Does an individual entrepreneur need to fill out a work book for himself
The businessman does not fill out the IP workbook for himself, since the document is not intended to record information about the conduct of commercial activities. The OGRNIP certificate allows you to certify the fact of employment.
The length of service of an entrepreneur is taken into account on the basis of contributions to the PFR. The beginning and end of commercial activity correspond to the date of registration and deregistration in the Federal Tax Service of the Russian Federation. To confirm the work experience, persons receive a certificate from the Pension Fund of the Russian Federation on the period of payments made during their stay in the status of an entrepreneur.
How an individual entrepreneur fills out a worksheet for an employee
For each citizen accepted for the main job under the contract, a work book is filled out. IP, e If an employee enters work for the first time, draws up a document and makes the first entry within 7 days from the date of admission. Admission records are not made for part-time workers.
The entrepreneur is engaged in conducting labor independently or hires a personnel specialist for these purposes. To correctly reflect the information in the document, you will need:
- Colour-resistant pen with blue, black or purple ink.
- Seal of the entrepreneur (if any).
- The order of acceptance to work.
A sample of filling out a work book, including an individual entrepreneur, can be found here.
On the spread, the labor contains 4 columns: serial number, date of filling, information entered about the employee, name of the document that served as the basis for making the entry.
What entries can be made
The book contains information with full name, date of birth, education, profession, specialty of a citizen. Data is entered according to the passport and education documents.
The employer notes information about admission, work performed, transfers, awards, termination of the contract. Information about the penalties imposed is indicated only on the condition that they served as a reason for dismissal.
When a new employee appears, it is necessary to reflect the record number in order, the date of admission, the position and the basis for starting an employment relationship (order, order). When terminating the contract, the IP indicates in the document the date, reason and grounds for dismissal with the wording from the Labor Code of the Russian Federation - by agreement of the parties, at their own request, etc. It is mandatory to record the details of the order and the signature of the employee.
Rules for filling out a labor
All information is entered into the document without abbreviations, within the relevant sections. The employer acquaints the employee with each entry made against signature. Entries from the labor are repeated in the personal card.
When errors are found in the document, corrections are made:
- Those employers who allowed them.
- By a new employer based on an official document issued by the person who made the inaccuracy.
You can change erroneous entries by invalidating them (literally, by the phrase “consider the entry invalid”, without forgetting the signature of the responsible person) and indicating the correct data.
Theoretically, hiring employees for individual entrepreneurs cannot be called difficult. After all, an individual working for himself is not required to maintain a complete personnel document flow, according to the law.
But in order to avoid problems during inspections by regulatory authorities, it is highly desirable to draw up at least a minimum set of documentation for concluding an employment relationship with an employee.
If it is planned to hire the first employee, then the procedure for collecting and processing papers will be longer than when registering subsequent personnel.
So, the step-by-step registration of an employee to work for an IP:
note that an individual entrepreneur has the opportunity to choose the design of both an employment and a civil law contract.
The first option is appropriate if the employee is hired on a permanent basis for a long time. For part-time work or the performance of time-limited work, the conclusion of a civil law document is much more relevant.
Writing a job application for an individual entrepreneur is not an indispensable requirement, according to the current legislation, however, in life it is almost always carried out. The application is written in free form, but in general it is similar to a document on admission to the service of an organization.
Below is an example document:
Sample document for review:
The order of acceptance to work
The order for employment is a much more serious paper. This document must necessarily reflect such information as:
- full name of the employee (full name);
- Job title;
- salary amount;
- probationary period;
- duration of action (urgent, indefinite);
- Document Number.
The order must contain the signature of the individual entrepreneur, as well as the signature of the employee under the provision that he is familiar with all the conditions and has no complaints. The reason for writing the order is a contract for employment in an individual entrepreneur, previously concluded with a hired person.
In the picture of the photo of the document: 
Sample document below:
Important! It is not allowed to issue an order earlier than the date of creation and signing of the employment contract.
The employment contract must contain the rights and obligations of both the hired person and the entrepreneur are clearly spelled out, address and place of work, social guarantees of the employee, work schedule and weekends, as well as all the items specified in the order for employment.
Contract example: 
Document photo for review:
How to make an entry in the work book when hiring an individual entrepreneur?
An employee's personal card is best made on cardboard or thick paper (whatman paper). Such a card is issued in the T-2 format - this is a unified form, which was approved by the Decree of the State Statistics Committee of January 5, 2001 No. 1.
An entry on employment in the work book occurs when the signing of the employment contract took place. When concluding a civil law contract, an entry is not allowed.
Entry in the work book about hiring for an individual entrepreneur, sample: 
Registration of an individual entrepreneur in a pension fund and a social insurance fund
Regardless of the type of contract concluded with the first employee, the entrepreneur is obliged to register it with the pension fund of Russia no later than 30 days from the date of its execution and signing.
To register, you must provide documentation such as:
- private owner's passport;
- an agreement with an employee;
- IP registration certificate (copy certified by a notary);
- certificate of registration of an individual with the Federal Tax Service.
If a private trader does not submit documents to this authority within 90 days, the legislation provides for the imposition of a fine on a negligent employer in the amount of 5,000 rubles. If the delay is more than this period, the penalty is doubled.
An individual entrepreneur must register with the Social Insurance Fund of the Russian Federation within ten days from the date of conclusion of an employment relationship with an employee. What documents will be needed?
Important! As in the situation with the FIU, registration with the FSS must occur no later than 10 days from the date of execution of labor documents. Otherwise, the penalty for delay for individual entrepreneurs will be from 5 to 10 thousand rubles, depending on the type of contract.
These are the basic rules for hiring an individual entrepreneur. When hiring subsequent employees, a private trader is obliged to comply with the same legislative requirements as when hiring his first assistant. On the other hand, such procedures will become familiar and will be carried out faster and easier.
Not so long ago, the Labor Code has undergone certain changes - now the individual entrepreneur has the obligation to start a work book for each of his employees. Of course, when making changes to the TC, many questions arise. Therefore, it is necessary to find out how the work book is issued by an individual entrepreneur and does the entrepreneur himself need a book?
Why was there a need for formalization?
The Labor Code of the Russian Federation states that it is mandatory for every employee to have a work book. It is provided by the employer. However, earlier in the Labor Code there was no mention that an individual entrepreneur is obliged to start a work book for his employees. An individual entrepreneur did not face the issue of registration and maintenance of this documentation, but his employees subsequently often received problems related to the lack of experience.
Many employees who later changed jobs with individual entrepreneurs for official employment faced such a problem as the refusal of the new boss to take into account the years of work with the entrepreneur, indicated in the employment contract provided by the new employee. In addition, many individual entrepreneurs simply forgot to register contracts with local governments, which was considered a mandatory procedure.
Does an entrepreneur need a work book?
The fact that this document is necessary for employees is understandable. However, individual entrepreneurs are not employees - they are employers. That is, the labor function is not performed by them, and the individual entrepreneur, according to his status, is not considered an employee. Therefore, they do not make any entries in their own work book.
Neither the individual entrepreneur himself, nor anyone else has legal grounds to fill out an entrepreneur's work book. How is experience calculated?
The duties of the individual entrepreneur include the deduction of insurance premiums to the Pension Fund for his future pension. As long as the receipts continue, you are listed as an individual entrepreneur - and your experience accumulates. As soon as income stops due to the completion of business activities, you receive a certificate of experience.
The law states that the period of entrepreneurial activity is calculated when the length of service is calculated. The document that confirms this, in such cases, is the USRIP record sheet.
Immediately after the registration has been carried out, an individual entrepreneur is obliged to pay a certain amount as an insurance premium to the Pension Fund:
- Fixed contributions. The amount of the contribution may change annually, in accordance with government acts or laws that are intended for the population engaged in entrepreneurial activities.
- The amounts of contributions that are established for persons making payments or rewards to individuals.
The guarantee of receiving a pension in the future is a fixed amount of contributions.
Each entrepreneur must keep documents confirming his individual entrepreneurial activity.
- EGRIP record sheet.
- Notice of registration in the Pension Fund.
- Receipts or payment orders that show that you regularly pay insurance premiums.
Video: How to make entries in the IP workbook?
Employee's work book
Registration of the work book of an individual entrepreneur must take place in accordance with all the requirements presented in the Labor Code.
So, if an employee considers work with an entrepreneur as the main activity and has no other employment, it is necessary to draw up a book at least 5 business days after the start of work of the employee. With the entry into force of the new law, adopted on October 6, 2006, it became necessary to indicate the date of filling out the book no later than this date, from the first day the employee began work.
A few hints
- You can write the date in any section only in Arabic numerals (the day and month are written in two digits, the year in four digits).
- Entries must certainly be made carefully (even you need to sign legibly). They are introduced with a pen (optional - gel, ballpoint, rollerball pen) or light-resistant ink of traditional colors - blue, black, purple.
- Sections "Information about the work", as well as "Information about the award" do not allow strikethroughs or incorrect inscriptions.
- Entries, it is quite possible, will be made by a person whom the employer appoints as responsible for this, if the staff is large and the individual entrepreneur himself does not have the opportunity to do this. Therefore, in the column indicating “the signature of the person responsible for maintaining the book”, either the name of the entrepreneur or the person filling out the document is put.
How to fill out the title page of a work book?
The design of the title page must comply with the provisions of the second section called "Instructions for Notebooks", approved in 2003, October 10. If you follow these instructions completely, there should be no problems with filling, and no errors should be made either.
The indication of the full name must be not only legible, but also complete - in no case can they be shortened. The full name of the employee and the date of his birth, education (specialty or profession - too), which can be entered only if there are documents confirming this information - a passport, a diploma, are indicated.
Column "Information about work"
To begin with, column 1 indicates the serial number of the entry being made
Column 2 indicates the day, month and year when the employee began his career with the individual entrepreneur.
In column 4, you need to indicate the date, as well as the number of the work order.
The rest of the entries are made according to the Instructions.
It should be noted that filling in certain data is carried out only after the official conclusion of an employment contract.
Printing in the work book
How to issue a work book of IP? In accordance with the instructions for filling out work books, the title page should contain the seal of the organization in which the document was first filled out. The law, adopted in 2008, obliges entrepreneurs to certify with a seal and records of the dismissal of an employee. However, what is most interesting, the law does not oblige individual entrepreneurs to carry a seal with them - this is an independent, not compulsory choice for everyone. At the same time, due to the lack of a seal in the work book, the employee may have problems - both with the future boss and with the Pension Fund.
In this case, many individual entrepreneurs draw up a certificate in which they explain the lack of a seal. However, there is a snag here - if this document, again, is not notarized and there is no seal on it, the Pension Fund may refuse to take this certificate into account.
If an employee is applying for a job for the first time
Surely, many people have questions about how to properly draw up an IP work book, if an employee gets a job for the first time. In this case, everything is quite simple - the entrepreneur gives the employee a new work book, indicating in it the exact number of the person's employment.
Responsibility for work books assigned to the employer
For violation of the rules for maintaining, storing, accounting, as well as issuing work books, the employer is liable under the law. So, if these rules are violated (both the employer and the person authorized by him can violate the rules), sanctions are applied in the Russian Federation, which are listed in article 5.27 of the Code of Administrative Offenses of the Russian Federation. For example, punishment can be not only a fine (from 1 to 5 thousand rubles.), but also the suspension of the entrepreneurial activity of the violator for up to 90 days.
In addition, if the employer caused moral harm to the employee when filling out incorrect data in the work book, he is obliged to pay monetary compensation to his employee
Therefore, it is important for any entrepreneur to know the rules for accounting, storing, issuing and filling out work books.
Today, in order to receive a guaranteed pension in old age, it is necessary to correctly draw up documents, but many start-up entrepreneurs are so confused in the complex system of legislation that they cannot understand whether they themselves need a work book, how to make an entry in the work book for an individual entrepreneur, whether they have they are in old age entitled to a pension as well, how to train employees properly who came to work for an individual entrepreneur.
All these questions can only be answered by labor legislation, as well as people who understand it.
Today we will try to delve into the basics of labor law and sort through all the rights and obligations of an individual entrepreneur regarding labor registration. Knowledge is power, so we begin to fill in the gaps in our knowledge right now.
General points related to the work book for individual entrepreneurs
Every citizen who carries out labor activity on the territory of our country should have a work book. The record about gives a countdown to your seniority. Correction is a complex and costly process.
As for the main nuances of maintaining a work book by an individual entrepreneur, here it is worth paying attention to a number of points. So, for example, an individual entrepreneur must acquire labor for his employees himself, but may ask the employee for a favor to share the cost of the purchase between them.
Also, an individual entrepreneur has the full right not to issue orders for his enterprise to accept a citizen for work.
An individual entrepreneur must himself, in accordance with the rules established for personnel officers, keep an employee's work book.
Sole proprietor on his own discretion accepts an employee for a specific position, and also appoints him a salary and maintains his work book, therefore, in fact and by law, he is an employer. He also contributes.
Do I need to make an IP entry in the work book for myself?
Is it possible to start a work book for yourself? The Labor Code does not deny this provision, but does not approve it either. An individual entrepreneur does not need to start a work book. Firstly, no one will check it, and secondly, this is not provided for by law, which means that, as a general rule, it is illegal.
It is also worth bearing in mind that the pension fund, as well as the tax office, independently calculate the payments made by the entrepreneur, and also calculate his length of service. If an individual entrepreneur is an honest tax payer, this means that he can count on a decent pension upon reaching the appropriate age.
Entry in the work book on employment in the IP
Hiring an employee to work for an individual entrepreneur is a whole event. The employer needs to clearly understand the pattern of his behavior, as well as know the sequence of his actions.
Many employees themselves do not know how an employment contract and other employment documents should be drawn up correctly, which is why your task as an employer is to know this information in order to competently issue an accepted employee.
Before proceeding to filling out a work book, an employee must pass an interview. Based on the result of a successfully passed interview, an employment contract is drawn up.
Only then does the entry in the workbook begin. Read about the rules for filling out a work book when applying for a job with a probationary period.
How to apply for an employee if this is his first work experience?
So, imagine that you have hired a worker to help you. But, as we know, and in accordance with the laws of our country, he cannot work for you unofficially. That is why the fact of the emergence of an employment relationship between you must be documented.
But what if the employee first decided to get a job officially. In this case, you need to correctly draw up the first labor document of the employee. Where do you start if you yourself are a young individual entrepreneur who has never experienced anything like this?
First, you need to worry about buying a work book. You can buy it at any print shop. But here the question arises for the entrepreneur, who exactly should be involved in the purchase of the document. Since the labor code in article 16 says that it is the employer who hires the employee and is the drawer of his labor document.
This means that the workbook purchased by the employer for his employee. Also, the employer cannot shift this responsibility to the subordinate. The only thing that an individual entrepreneur can do is, with the consent of the employee, withhold half of the cost of labor from the employee's salary.
If the labor is started for the first time, then it is the employer who is responsible for filling out the labor. Therefore, the entrepreneur needs to take this process very seriously. For more information about employment records, see the article on.
Filling out a work book by an individual entrepreneur - a sample: 
How to make an entry in the work book for an individual entrepreneur?
The title page contains basic information about the employee. It is worth filling it out correctly and without errors - an important task, because only with absolutely competent and correct filling out the work book can be considered valid. Correctly enter the data on the last name, first name and patronymic of the employee.
Next, enter your date of birth correctly. In the labor should not be strikethroughs and corrections.
Now you need to specify the level of education of the employee. So, an entry should appear in the line: "higher", "secondary" or "secondary special".
It is worth remembering that the level of your education is registered in a special document called a diploma.
Your graduation specialty is also indicated there. For example: “Higher education. Lawyer".
Job Application
An employment record is made in the work book. To do this, fill in all the columns of the form that are in the work book.
Consider step by step:
- the first column is the entry number, but since we are considering a situation in which you are the first employer for the worker, this number will be the first.
- in the second column we indicate the date of drawing up the employment contract.
- in the third column, talking about information about work, we indicate the place of work and the position of the employee.
- in the fourth column, an order is written in large organizations, but when working for an individual entrepreneur, the number and date of filling out the employment contract are indicated.
The signature of the head and the seal of the individual entrepreneur are also put.
An example of such an entry might look like this: "No. 1. 06/12/2015. IP Zaitseva. Hired as Sales Consultant. Employment contract No. 123 dated 06/12/2015.
Letter of resignation
In case of dismissal, a similar entry is made, however, there is no need to write the name of the organization. Upon dismissal, the reason for the dismissal is written.
An example of such a record looks like this: “No. 2. 11/07/2015 Dismissed from the position of a sales assistant at his own request. Further, the signature and seal of the individual enterprise is put.
Awards page
If an employee has received awards in the course of his labor activity, it is also worth writing about this in his labor activity so that the next employer appreciates what a valuable frame he has come across.
An entry about the award is also put in the work book. The record is assigned its own number and date. The information about the award indicates which particular award the citizen was awarded. Maybe it's a diploma, a state award or some other kind of encouragement. In general, the entry looks something like this: “No. 1.26.07.2015. IP Morozova. Gratitude was awarded for the preparation and holding of an event with veterans on May 9.
This record is certified by the employer's signature and seal.
How to make changes (correct)?
If there is a need to write changes or corrections, then you should do it as carefully as possible. If the case concerns a change of full name, then the changed data should be crossed out, and on the left side of the main spread, write on the basis of which document the action was performed, for example, a change of surname according to a marriage certificate.
If you need to change the entry in the line where the work data is indicated, then it is necessary to indicate in the next paragraph that the entry is incorrect, and in the next paragraph to rewrite the correction. For example: “No. 2. 07/26/2015. Item #1 is invalid. No. 3 IP Morozov. A diploma was awarded for the preparation and holding of the event.
All records are certified by the seal and signature of the head.
Features when working on IP
If an employee works for an individual entrepreneur, he should be prepared for the fact that his labor records will look a little different than those of employees of organizations. So, for example, there is no link to the document that says about the dismissal. In a record of the fact of hiring, awarding or the fact of dismissal, the employer can only refer to the employment contract and the labor code, and specifically its articles.
Also, a feature of working on SP is the fact that the employer completes the paperwork at the same time, without involving employees of the personnel department, because they simply do not exist.
If the employee quit, but did not take the work book, the individual entrepreneur does not have the right to get rid of it. He must by all rights first try to contact the employee or his relatives.
If this fails, then the employer sends the document to the place of residence by registered mail. If the place is unknown or the employee does not receive the book, it is necessary to keep it with him until the employee shows up at the employer in order to pick up the document.
The employer must himself to provide a work book to a novice worker. These and many other nuances will accompany the employee and the employer in their labor interaction.
Responsibility for violations
If one of the parties commits a violation in filling out the work book, then an administrative fine will be imposed.
At the enterprise, it is imposed on an employee of the personnel department, and in the case of registration of an individual entrepreneur, it is most often imposed on an individual entrepreneur.
For incorrect or untimely execution of a work book, for its damage or loss, as well as failure to issue upon dismissal, the employer, represented by the individual entrepreneur, shall bear administrative responsibility in the form of a fine in the amount of three hundred to five hundred rubles.
Conclusion
It would seem that such a complex topic as the design of a labor for an individual entrepreneur has already been disclosed and everything turned out to be very easy to understand. Do not be afraid to work for yourself and involve others in this work. Follow the letter of the law and do not deviate from the prescribed canons, and then you will become not only an experienced businessman, but also an excellent leader.
