In the course of conducting the activities of an organization and an entrepreneur, a moment comes when it is necessary to hire an employee from an LLC immediately, because she has a director - she can’t live without him, and the individual entrepreneur will have such a need. At this moment, a number of questions arise - what is needed, what documents, admission procedures, applications, employment contracts, employment contracts, etc. We will reflect these points in this article and consider the option when you have a candidate and he needs to be documented.

In order to hire an employee, you need to request the following documents from him:

1. Citizen's passport
2. Work book, if the employee has not worked anywhere before, a new one is created
3. SNILS – insurance certificate – green card
4. TIN, if you didn’t have one, it is necessary for the employee to receive it from the Federal Tax Service
5. Education document - it is needed rather at the request of the employer
6. Military registration document, if the citizen is liable for military service
7. In certain cases, medical certificate

Hiring procedure, step-by-step instructions

Step 1. Special assessment of working conditions (previously until 2014 - certification of workplaces)

If an organization has hired employees who perform some kind of work, even office work, it is necessary to carry out work to identify harmful and dangerous factors in their work. This is relatively a fiction, but according to the law this requirement is mandatory and applies to both organizations and entrepreneurs (according to Article 212 of the Labor Code of the Russian Federation and Part 1 of Article 8, Federal Law No. 426).

Yes, of course, you can carry out an assessment after you start working, but keep in mind that you can be held administratively liable, both as an individual entrepreneur and as an LLC. To begin with, they can issue a warning, but there are also material levers of influence, just like the suspension of the enterprise’s activities, and a repeated violation will be punished more severely.

Important! Since 2015, the administrative fine for the absence of SOUTH is - for officials and individual entrepreneurs 5-10 thousand rubles, for LLCs - 60-80 thousand rubles, in case of repeated fact - from 30 to 40 thousand rubles. and from 100 to 200 thousand rubles. accordingly, they can also suspend the activities of the enterprise for up to 90 days.

Step 2. Honey. reference

Before accepting an employee, in some cases it is necessary to have a medical certificate; for this, he must undergo a medical examination in a special center, after which he will be given a supporting document. It is also possible to request such a document if the employer wishes.

When a medical certificate is required:

• In case of hiring a minor
• In the case of work in the catering and food industry, such inspections are carried out preliminary and periodically, and for persons under 21 years of age - annually

Step 3: Job Application

The basis for initiating employment, just like the conclusion of an employment contract, is the writing by the employee. If this application is approved by all managers, it is endorsed by the director or CEO The company and the HR department begin receiving and processing all necessary documents.

However, it is worth noting that currently the application is not a mandatory document for employment; you can do without it. This follows from the fact that the basis for the conclusion of labor relations between the employee and the employer is precisely employment contract, based on it, an order for employment and others will be formed personnel documents.

Step 4. Concluding an employment contract with an employee

The basis for establishing an employment relationship between an employer and an employee is the conclusion of a civil or employment contract with him - in fact, a description of all obligations of the participants in writing and secured with seals and signatures on both sides. It is drawn up in 2 copies - one remains with the employee, the other with the employer.

What is reflected in the employment contract and its validity period

All terms of the contract must not conflict labor legislation, usually contains the following information:

• The probationary period is established by law to last at least 3 months, but by agreement of the parties it can be shortened or absent altogether
• The place of work must be described with a description of the subordination structure
• Responsibilities that an employee must perform
• Wage amount
• Describes the mode of work and rest

An employment contract may contain other conditions that need to be reflected on paper. The validity period may include:

• On no certain period or indefinite, most often this is concluded with employees
• For a certain period - fixed-term, if after completion of the contract the employee is still working, then such a contract is transferred to an unlimited term

It is also possible to conclude an employment contract on non-disclosure of trade secrets of the enterprise and a full or partial agreement financial liability(most often warehouse workers and other responsible persons).

Step 5. Registration of the employment contract in the journal

After an employment contract has been drawn up with an employee or several contracts - for example, an additional liability contract, the numbers and dates of these contracts are endorsed in.

After receiving their copies of documents, the employee signs in the appropriate box in order to later, if necessary, prove that such an agreement was handed over to the employee.

Step 6. Employment order

The basis on which an employee begins his job responsibilities or is endowed with some powers, is an order for employment. The order displays the conditions to which the employee is invited and, after review, is endorsed by both parties. The document used is unified for one and T-1a for a group of persons.

Step 7. Introducing the employee to his job responsibilities

Before an employee begins to perform his or her job duties, they must first be drawn up and described in the appropriate document. After reviewing this list, a stamp and date of review are affixed, and two copies are also printed.

If the responsibilities are for a group of people, or they are typical, then you can make a familiarization sheet where all employees hired for this vacancy will sign, indicating their names and the date of signing.

Step 8. Filling out the work book

After you have filled out all the necessary documents and you have all the signatures on them, you must within 5 days. Sometimes you shouldn’t do this right away, because... Sometimes nuances arise and the employee simply does not come to work, so it is better to wait until the work week.

Step 9. Registration of labor in the labor books

After you have successfully filled out your work book, you will also need to register it with.

Step 10. Personal card

Simultaneously with the reception of the employee, a personal employee card is issued, in which his personal data is entered.

Step 11. Time tracking

During the life of the enterprise and visits by its employees, it is necessary to keep records of working hours for each employee. State com. Statistically, two forms are established:

• T-12 can be used if the company will keep track of working hours and payroll payments to employees. It is allowed to keep records without filling out the section on payroll calculation
• T-13, can be used when using automated electronic equipment

Step 12. Mandatory registration with the Pension Fund and Social Insurance Fund as an employer

After the appearance of hired employees, you need to register (simply, get a number in the system) the organization in the funds as an employer.

To register an employee you will need:

Documentation

List of documents that will be required for an employee who gets a job in a company with limited liability:

• passport;
• employment history;
• insurance certificate;
• educational diploma or certificate;
• military ID (if available);
• birth certificates of minor children (if any);
• other documents (provided for by the Labor Code of the Russian Federation).

Some types of activities will also require the employee to have a health certificate.

Main stages

1. Familiarization of the applicant with job descriptions, and other company standards.
2. Writing an application by an employee who is being hired.
3. Conclusion of an employment contract (drawn up in two copies). It specifies the rights and obligations of the parties, information about the employee, job title and working conditions, salary, and company details. You can also register an employee under a civil contract (this gives an advantage - for such contractual agreements, sick leave and vacation payments, and contributions to the Social Insurance Fund are not required).
4. Issuing an employment order. This document indicates: the employee’s position, salary, personnel number. The order is signed on both sides.
5. Making an entry in the work book (the work book remains with the employer).
6. Drawing up a personal employee card. Familiarization of the employee with the entries in the personal card.
7. Drawing up an employee's personal file. It contains copies of all personal documents.

Registration in funds, personnel contributions

If an employer (limited liability company) hires employees for the first time, he must register with the following authorities:

• Pension Fund(period - up to 30 days).
• FSS (term - up to 10 days);
• Compulsory medical insurance (term - up to 30 days).

Employment contracts will need to be registered:

• in the FSS.
• in the Pension Fund.

The complex relationship between employees and employers requires special rules and regulation. The hiring process in the Labor Code (hereinafter referred to in the article as the Code) is regulated in detail. Its strict observance will allow the new employee to be documented in a short time. At most enterprises, the HR department handles the registration of employees. Its well-functioning activities contribute to the accelerated adaptation of employees in a new place to perform their duties.

Main stages of employee registration

The employment process is perceived by many as a continuous process. But this erroneous opinion. It goes through eight stages. At each of them, the employee undergoes a thorough check to ensure that the data provided corresponds to real data. Let's look at each of them in detail.

1. Preparatory stage

The employer’s decision on the possibility of further consideration of a particular person as a candidate for a vacant position depends on him. First of all, it is necessary to establish whether he has any restrictions for performing his job duties. It is checked whether the employee falls under the categories of citizens for whom the law provides for a ban on performing certain types of activities (Article 351 of the Code). To apply for a job, the HR department requests the following documents:

• ID, passport or other identification documents;
• certificate of pension insurance;
• diplomas, attestations and certificates confirming the qualifications necessary for an employee to perform functional duties with special knowledge and the required level of training;
• work book, if the employee has seniority and the job placement is not part-time;
• relevant documents for those liable for military service regarding military registration;
• notifications, certificates and other forms confirming the absence of a criminal record, arrests and facts of prosecution under criminal articles Russian legislation, if this information is required for employment and is a prohibiting basis for persons who have these facts in their record. All categories of work with special requirements are listed in federal laws and codes.

Changes may be made to the list of documents required for the device. The employer does not have the right to arbitrarily decide what information to require from the applicant. This must be done in accordance with adopted regulations and other government legislative documents. They contain lists of required papers for each category of citizens. The Labor Code establishes the need for a medical examination when hiring. The basis for this is Art. 69 of the Code.

When registering an employee, the law does not oblige the employer to require an application for employment. It can be provided at the request of the candidate. In some cases, companies are asked to provide a statement for the convenience of internal document flow. Things are different in state and municipal entities. The law makes it mandatory to submit an application for admission (the procedure itself is regulated by special by-laws).

1. Informing

It is the employer's responsibility to inform the employee. This means familiarizing the latter with the rules that regulate the labor activity of the enterprise, with functional responsibilities in the workplace, the collective agreement and other documents related to the organization of the labor process. As Article 68 of the Code (Part 3) states, the employee must sign a special act after the briefing. The law does not establish rules for familiarizing an employee with documents regulating the activities of an enterprise. It is customary to adhere to established rules for carrying out such actions (the company chooses the most acceptable option):

• preparation of a training log. It must indicate the date and topic of the familiarization, list all local documents that define the enterprise’s labor process and functional responsibilities in the workplace;
• information sheets. Employees sign them and thereby confirm that they have read all the documents and job descriptions;
• introducing a special clause into the contract - about familiarization with the list of acts and the place for the employee’s signature.

1. Registration of the contract

Immediately after being hired, but no later than three days after he began to perform his functional duties. Its registration must be made in two copies with signatures of the employer and employee. The contract can be agreed upon with other authorities, on whose decisions its signing depends, even if they are not direct employers. Article 67 of the Code informs about this. The rules for registration are contained in Article 57 of the Code.

It is worth paying attention to the importance of signing an agreement on the employee’s financial responsibility at the same time as concluding an employment contract. The procedure and terms of its conclusion are not regulated. The law prohibits requiring employees who have already been hired to sign an agreement. For correct design You should familiarize yourself with Article 244 of the Code, which specifies the categories of persons with whom an agreement on full financial liability must be concluded. Order No. 85 of the Ministry of Labor of the Russian Federation dated December 31, 2002 will help determine whether there are positions at the enterprise that require the mandatory preparation of these papers.

1. Receipt by the employee of the second copy of the contract

The agreement is drawn up in two copies. Signatures of the employer and employee are required. They are a guarantee of the rights and obligations specified in the contracts. This fact is regulated by Article 67 of the Code.

1. Employer

The order is issued on the basis and in strict accordance with the signed agreement. Its registration takes place in the manner established by the enterprise. The order is recorded in a journal or other documents provided for in this case to record orders and instructions.

1. Informing the employee about the order

The employee is informed about the issuance of the order no later than three days after the employee begins his duties. The fact of familiarization with the issued document should be confirmed by the signature of the employee in the accounting journals provided for such procedures. Compliance with the procedure for recording the necessary documentation falls on the shoulders of the employer (Article 68 of the Code).

1. Drawing up a work book and making a corresponding entry in it about the new place of work

Maintaining work records is the direct responsibility of the employer, prescribed in Article 66 of the Code. It must be filled out in strict accordance with relevant legislation. The format of the books themselves is determined by the authorized bodies. Posts about the beginning labor activity at the enterprise it must be done without fail if the employee performs his duties for more than five days. If for some reason there is no work book, the employer is obliged to issue it. To exercise control at enterprises of various forms of ownership and legal responsibility, an accounting journal is created. All data on income, expenses and registration of new work books by the personnel service of the enterprise are entered into it.

1. Employee personal card

The rules for maintaining personal files establish the procedure for making entries in a personal card after changes appear in the employment record. Each employee is required to sign his card after familiarizing himself with the information that appears. new entry. He also checks the consistency of the information in his card with the entries made in the labor record. The information must match completely.

Additional responsibilities of managers when applying for a job

Currently, the Labor Code of the Russian Federation does not oblige employers to open personal files for their employees when hiring. The exception is employees of state and municipal entities. Installed for them mandatory procedure conducting personal affairs. Companies have the right to choose whether to enter additional documentation or not. The main thing is not to violate the established federal laws provisions on the storage of personal data and comply with the rules of registration.

The responsibilities of managers include informing military registration and enlistment offices or local authorities about persons who are subject to military registration obligations. These bodies are notified within two weeks after the persons liable for military service are hired. The time required to respond to requests that concern persons required to register for military service is strictly limited. It is equal to two weeks.

Employment of a former civil servant

The hiring of a former civil servant is strictly regulated. As stated in Article 64.1, when drawing up an employment contract with these persons, the head of the enterprise is obliged to inform the employer of the civil servant at the last place of work in government agencies about the fact of signing the contract. The law sets a ten-day period for this after signing the papers. Mandatory notification of new jobs for former civil servants must be made within two years after leaving service.

Every manager should be aware of the importance of organizing strict accounting, movement and storage of documents at his enterprise. There are no trifles in this matter. The considered stages of paperwork are a standard procedure when hiring most employees. If an enterprise has a small number of employees, then creating a human resources department is not practical. For large companies, this is the only way to maintain correct accounting.

Hiring an employee on staff according to the rules of the law. Deadlines for registration. Required documents. Sign up for work book.

Sometimes an employer fools a new employee when applying for a job. Requires you to bring documents about which there is not a word in the Labor Code, refuses to make an entry in the work book or does not want to draw up an employment contract. Rabota.ru found out all the details about the hiring procedure. Which documents are required and which are optional. When should an entry be made in the work book?

The confusion with paperwork that a new employee is involved in from the first days of work is not The best way adaptation in the workplace. As a result, some run away without waiting for the desired entry in the work book.

In February, Alena got a job. A layout designer with a probationary period of three months. They promised to apply for a job on the first working day. Alena brought her Taxpayer Identification Number (TIN), pension certificate, and work book. I even completed registration the day before and took photos. But at the request of the HR department, its registration was postponed. First for the day. Then two more.

On the fourth day, Alena was typing up a booklet, watching out of the corner of her eye as the boss rummaged through the pile of papers on the employees’ desk, trying to find a sample job application. And out of the corner of my ear I hear how the head of the department asks the personnel officer over the phone whether there is a position of layout designer in the staffing table!

The job application had to be rewritten four times: it was not written according to the form, the date was not indicated, or the salary was missing. In the end, the endorsed application along with all the documents landed on the personnel officer’s desk, and Alena filled out the form. And a week later, the boss invited her to write a statement again. Now about hiring for the position of moderator.

It turned out that the entry in Alena’s work book had not yet been made. The previous staffing schedule does not provide for a layout designer. Only the general director can approve a new one, and he is on vacation. “You will be appointed as a moderator so that you can receive your salary on time,” the boss convinced. - Moderator's. Then you’ll write an application for the position of layout designer, and they’ll pay you the difference.”

It doesn’t seem to be a big deal, but there is a pitfall. If an inspection unexpectedly comes to the HR department, then the props necessary to receive a salary will turn into reality. Alena, the layout designer, will urgently have to make an entry about moderation. But the boss promised not to let this happen. "Do you believe me?" - he asked.

The last straw was the phrase that entry into the labor record is made upon passing the probationary period. Alena couldn’t stand it and took the work book. The paperwork resulted in the loss of an employee for the company.

Documents required when applying for a job

Five steps—and you are in the state

There are companies in which the registration mechanism works without failures. Employees do not solve personnel puzzles while sulking in the corner, but confidently settle into a new place.

Below is standard step by step description procedures for registering an employee as a staff member.

Step one. You are writing a job application. In it, indicate the name of the organization, the name of the manager, your position, structural subdivision, admission conditions and date.

The manager endorses the application, indicates the salary, signs and dates it. Then the job application is submitted to the HR department along with all the necessary (see table) documents.

Step two. You get acquainted with the internal labor regulations, collective agreement and other regulations (Article 68 of the Labor Code of the Russian Federation).

Step three. The employer enters into an employment contract with you. It indicates work and rest time, vacation, salary and all allowances (Article 57 of the Labor Code of the Russian Federation). The contract is signed by both parties. One copy is kept in the HR department, the other is with you. An employer's refusal to sign an employment contract is a violation of the law.

By the way: if you have already started working and the contract has not yet been signed, it is considered that it is concluded automatically (Article 67 of the Labor Code of the Russian Federation). Pin labor Relations on paper is necessary within three working days from the moment of your arrival. It is illegal to stall for time.

Step four. The HR department issues a hiring order. You meet him and sign.

Step five. Entry in the work book. By law, she must appear within a week from the date the employment order is issued.
If an employer refuses to make an entry in the work book, he is breaking the law. And it doesn’t matter at all that you work temporarily or are on a probationary period. According to the Labor Code (Article 66), an entry in the work book is granted to every employee (not part-time worker) who has worked for the company for more than five days.

An entry about the probationary period is not made in the work book - only in the employment order and in the employment contract. But if you do not pass the strength test, your labor report will write: “Dismissed due to unsatisfactory test results.”

Have you passed? Then a document will be added to the employment contract, which records the change in salary, if it was intended. Extend probation impossible (Article 70 of the Labor Code). But if you cope with your work successfully, it may end earlier.

The requirements for registering an employee for work, as specified in the Labor Code, may vary slightly. However, conscientious companies prefer not to delay this process. They quickly fill out the documents, make an entry in the work book, and the new employee becomes a full-time employee.

Natalya Poletaeva