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The procedure for registering employment. Registration of foreign workers. Hiring personnel without providing social benefits

Before direct hiring and registration, there are several stages that are provided for by law, such as a medical examination, election to a position, or selection of an applicant for a position on a competitive basis, etc.

Step 1 . Honey. examination

Before an employee begins performing his duties, the employee must undergo a medical examination. This applies to the following categories of citizens:

1. Minors.

2. Persons starting work in trade, in the catering industry, as well as food industry workers, must undergo a medical examination first (before entering work) and repeat the procedure periodically (annually for workers under 21 years of age) mandatory.

Step 2. Civil contract

An individual can be hired only under a civil law or employment contract. A civil contract provides a number of advantages: contributions to the Social Insurance Fund are not mandatory, as are vacation pay and sick leave. But, this type the contract is provided only for the final result of labor, otherwise the contract will be recognized as an employment contract.

Step 3. Familiarization of the employee with job descriptions and other company standards

Job descriptions (optional)

Job descriptions are a list of employee responsibilities. Providing a job description is not necessary, but this step will help get rid of a number of problems and misunderstandings that arose between interested parties during the course of work.

Job descriptions are drawn up and signed in two copies, one copy for the employee, the other for the employer.

You can view and download job description samples in our special section.

Step 4. Conclusion of an employment contract in accordance with the staffing table

A convention agreed upon by an employer and his employee expressed in writing is called an employment contract. This agreement contains a list of rights and obligations that do not contradict the labor code Russian Federation, otherwise the contract may be declared invalid.

In accordance with Article 67 of the Labor Code of the Russian Federation, an agreement has the right to exist only in writing, drawn up and signed by the parties in two copies. When concluding employment contracts with certain categories of citizens labor legislation and other regulatory legal acts that set out labor law standards may provide for coordination of the likelihood of concluding employment contracts or contractual terms with certain bodies or persons who are not employers under these contracts. Or drawing up an agreement in more than two copies.

The employment contract must include certain information: prerequisites(Part 1 and Part 2 of Article 57 of the Labor Code of the Russian Federation), or additional (Part 4 of Article 57 of the Labor Code of the Russian Federation).

An optional step is to draw up and sign a full MO agreement. But, on at this stage such an agreement can be very useful. It happens that such an agreement with the employee was not immediately concluded, and already in the process of work the employee often refuses to sign an agreement on full MO. The law does not provide for cases of resolving this situation, how to deal with a disobedient employee - force the employee to sign an agreement on full MO, or punish, or apply radical measures and fire. Lawyers, inspectors and judges have different opinions on this matter. In order not to find yourself in an unclear situation and not to prove and defend your position to someone, it is better to conclude a full MO agreement with the employee at the stage of registration and hiring. In this case, it is necessary to take into account the laws and conclude a contract only with certain employees.

The following positions must certainly be reflected in the employment contract:

1.In the employment contract you can indicate probation. In case of unsatisfactory performance, you can fire an unsuitable employee.

2. It is imperative to indicate the employee’s place of work with the designated structural unit in the employment contract.

3. In the employment contract, the employee’s responsibilities must be specified specifically and clearly, or job descriptions reflect the responsibilities.

4.The employment contract must specify the size wages.

5. There is a reflection of the employee’s rest and work schedule.

An employment contract is divided into several types: for a certain period (fixed-term agreement or contract), as well as for an indefinite period (most often used in practice). If, at the end of the contract, the employee continues to work at the enterprise, it is considered that the contract has been converted into an open-ended one. The employee must sign the employment contract in two copies. One is for the employee, and another copy is for the employer.

A sample employment contract for 2011 is available in our special section. An example of an employment contract form valid for 2011, a sample of which can be downloaded directly on this page.

If the working day is more or less a standard eight-hour day, then it is advisable to draw up a staffing table. In this situation, the employment contract states that wages are paid according to the staffing table.

Step 5. Concluding a liability agreement

An agreement on full individual training is not mandatory, but a desirable document when hiring an employee. The contract does not have a unified form, but there are established points that this document must contain

This agreement is drawn up mainly for employees of stores, warehouses, production points, and also often for simple office employees- regarding office equipment. Concluding an agreement on full financial liability is also advisable when using money or other valuables in work. The agreement is signed in two copies, one copy - to the employee, the other - to the employer. You can download a sample Agreement for a complete individual MO in a special section of our website.

It is also important to note such a document as a trade secret agreement, which takes place in most of today's commercial organizations. This agreement is concluded at will; the parties sign not only the provision on trade secrets, but also an agreement on non-disclosure of trade secrets.

Step 6. The employee writes a job application

When applying for a job, the employee must draw up and sign an application. The application for employment is agreed upon by the applicant with the head of the structural unit of the enterprise in which he is hired, about which a corresponding written note (visa) is made on the application.

An application for employment must contain a resolution, as well as a mark on the execution of the document. If the job application is considered positively by the director of the company, then subsequent documentation of the applicant's hiring is carried out.

Step 7. Registration of the employment contract and the agreement on medical education in the book

Book of registration of employment contracts.

The employee who has received the MO and labor agreements signs receipt in the registration book. If something happens, the employer will always be able to prove that the employee was given these documents in person.

Step 8. Publication of the employment order.

The employment order is signed after the conclusion of an employment contract by the employee and the employer. There are unified forms of orders for hiring, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004, form No. T-1 “order or order for employment” and approved form No. T-1a “on hiring employees”.

It is used for registration and accounting of employees hired under an employment contract, and its content must exactly correspond to the conditions specified in the concluded employment contract. Ideally, the employment contract and the hiring order should not only not contradict each other, but should directly coincide.

To issue an order for employment (order for appointment to a position), Form N T-1 is used - for one employee, Form N T-1a - for a group of employees. Drawed up by the person responsible for hiring for all persons hired by the organization on the basis of a concluded employment contract.

When issuing an order (instruction) on the hiring of employees, the name of the structural unit, position (specialty, profession), the probationary period, if the employee is subject to a probationary period when hiring, shall be indicated, as well as the conditions of employment and the nature of the upcoming work (part-time, in procedure for transfer from another organization, to replace a temporarily absent employee, to perform certain work, etc.). When concluding an employment contract with employees for an indefinite period, the “to” column in the “Work period” details is not filled in.

The employee confirms that he has read the text of the order with a personal signature. According to current legislation, the employee is given three days from the date of actual start of work to familiarize himself with the order. After this, within 5 days from the date of start of work, the employer must make a record of hiring in the employee’s work book. Please note here: you should not rush to make this entry - it is better to wait until the employee actually goes to work, familiarize him with the order, and only after that make the appropriate entry in the work book. This is due to the fact that if an employee, having signed an employment contract, does not go to work within the agreed time frame, the organization can cancel the contract unilaterally (Article 61 of the Labor Code of the Russian Federation), and canceling an entry in the work book is more difficult.

Step 9. Reflection of the employment record in the work book.

A mark is also created in the work book. It is possible to simply accept the work book first, and then record the work. In accordance with Art. 66 of the Labor Code of the Russian Federation (the exception is employers who are individuals, but are not individual entrepreneurs) must keep work books separately for employees who have worked for him for five days or more, in the case when this work is the employee's main income. The employer must issue a work book if the employee has not already had one. If, in addition to the main job, the employee also works in another job (part-time), then on the basis of documents confirming this fact, at the request of the employee, the information is reflected in the work book at the place of main earnings.

Step 10. Making an entry in the Book of the movement of work books.

It is necessary to reflect the information in the Book of Accounting for the movement of work books and inserts for these books, and we also fill out the Receipt and Expenditure Book for recording the forms of work books and inserts for these books. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 approved the forms of these documents. You can register personal cards of employees, for example, in the personal card register.

Step 11. Issuing a personal card for an employee

Each employee must have a personal card. Then, against signature on the personal card, it is necessary to familiarize each employee with the entries reflected in the card, as well as with the entries entered in the work book. There are unified forms approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. This is form No. T-2 “personal card”, form No. T-2GS(MS) “personal card of a state (municipal) employee”, as well as form No. T-4 “registration card of a scientific or scientific-pedagogical worker”. At this stage, it is only important to remember that the cards must be kept on paper, since they contain records about hiring, transfers, etc. The employee should be familiarized with signature.

Step 12. Registration of the employee’s personal file (optional)

Step 13. After registration: Registration with authorities

If the employer hires employees for the first time, then he needs to stand up (in certain deadlines) registered as an employer with the following authorities:

1.B Pension Fund, within up to 30 days.

2. You must register with the Social Insurance Fund within 10 days.

3.In the MHIF, up to 30 days.

Each new employment contract must be registered with:

1.Pension fund.

Refusal to register an employment contract for reasons of violation of labor legislation, low salary, or existing debt of the employer is not provided for by the legislation of the Russian Federation.

Medical insurance for an employee

For each employee, you need to obtain a medical insurance policy from the insurance company and hand it over to the employee. The employee, from March 1, 2011, must independently take out this policy.

Fines

Fines are assessed for incorrect registration, failure to register, or for failure to register in the relevant funds, in accordance with Article 5.27 Violation of labor and labor protection legislation (Code of the Russian Federation on Administrative Offenses).

An individual entrepreneur is assessed a fine in the amount of one to five thousand rubles, or an administrative penalty (suspension of the entrepreneur’s activities for up to ninety days).

Organizations are assessed fines from thirty to fifty thousand rubles, or administrative punishment (suspension of the organization’s activities for up to ninety days).

Social contributions for employees and payroll taxes

The employer must pay personal income tax at a rate of 13% for each employee, and in addition to this, transfers are made from their income to the FFOMS, Pension Fund, Social Insurance Fund, and TFOMS. These deductions are calculated depending on the type of activity and the chosen tax regime.

No organization can do without employees. Even a small enterprise needs at least one employee - its manager. Often small enterprises neglect to formalize labor relations and hand over zero reporting to funds. At first, this may go unnoticed, but as income grows, this state of affairs will most likely attract the attention of regulatory authorities, and they will demand an explanation. A company cannot function on its own; every action—communication with counterparties, paying taxes, filing reports—is performed by special person, the relationship with whom needs to be formalized. Therefore, by default, all organizations submit reports on employees to the Pension Fund and the Social Insurance Fund. Supervisory authorities may negatively perceive zero indicators in reports and ask for explanations of the reasons for this. So, you have decided to formalize relations with employees. First of all, you have to choose the type of contract.

Simple employee accounting and reporting via the Internet with Elba!

What contract to conclude

The contract between the employee and the organization can be of two types:

  • Employment contract.
  • Civil law agreement (civil agreement).

The table below will help you understand what the differences are and which agreement is better to conclude in your case.

What is being compared

Employment contract

Civil contract

In what cases do they conclude An employee systematically performs work for a specific position. For example, he sells goods (seller), guards a warehouse (watchman), drives a car (chauffeur), keeps records (accountant) - for these types of work you need to draw up an employment contract. A worker is hired to perform a specific, time-limited, one-time task. For example, to conduct an advertising campaign, renovate an office, develop a website, etc.
Work organization The employee carries out instructions from management as they are received, complies with internal labor regulations and work schedules. He personally carries out his work tasks. The result is important, not the process. The customer does not interfere with the work of the contractor, but can check the intermediate and final results. An employee can work at any time convenient for him, as long as it does not affect the achievement of the final result. The Contractor has the right to involve third parties to perform the work.
What laws govern Labor Code Civil Code
Entry in the work book Yes No
Which insurance premiums to pay
  • Contributions to the Social Insurance Fund for disability and injuries
  • Contributions to the Pension Fund for pension insurance
  • Contributions to the Compulsory Medical Insurance Fund for health insurance
  • Contributions to the Social Insurance Fund for injuries if this is specified in the contract
What guarantees to provide
  • Regular payment of wages
  • Monthly salary not less than the minimum wage
  • Providing paid holidays
  • Payment of sick leave and benefits
  • Compensation upon dismissal
  • Ensuring working conditions
Only those that were agreed upon with the employee when concluding the contract.
What documents to prepare
  • Employee personal statement
  • Reception order

Do not rush into concluding a GPC agreement in an attempt to save fees and reduce obligations to the employee. If, by all parameters, your relationship with him is considered to be an employment relationship, such a “substitution” of contracts can lead to unpleasant consequences. For example, regulatory authorities or the employee himself will go to court, where they will recognize civil contract labor This will lead to additional assessment of contributions, payment of fines, and compliance with labor legislation requirements (salaries, vacations, etc.). Therefore, first clearly define the employee’s role in your organization: what are his responsibilities, does he need to be in the office regularly and follow a schedule, can you name the end result of his work, etc. Keeping this in mind will help you choose the right type of contract.

How to register an employee under an employment contract

    Receive the necessary documents from the employee:

    • passport or other identity document;
    • work book (you don’t have to ask for it if the employee comes to you part-time);
    • state insurance certificate pension insurance(SNILS);
    • military registration documents - for those liable for military service and persons subject to conscription military service;
    • a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or training.
    If your company is the first place of work for an employee, and he does not yet have a work book and insurance certificate, then you will have to obtain them.
  1. Receive an application from the employee (job application template).
  2. Draw up and sign an employment contract. When drawing up a contract, rely on. Draw up the agreement in two copies: one will remain with the employee, and he will sign the second and return it to you.At the end of the employment contract, it is advisable to make a note: “A copy of the employment contract has been received/signed, transcript.”

    Familiarize the employee, against signature, with the internal regulations of the organization, if any (job descriptions, regulations on labor protection, trade secrets, etc.).

    Issue an order for employment in the T-1 form. The date of the order cannot be before date employment contract. The employee must sign the order.

    Issue a personal employee card in form T-2. It is better to print it on thin cardboard or thick paper.

  3. Make an entry in the work book within a week from the date of hiring.

Hiring an employee on staff according to the rules of the law. Deadlines for registration. Required documents. Entry in the 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

Mandatory (according to Article 65 of the Labor Code of the Russian Federation)Optional

1. Passport or other identification document.

2. Employment history. If you have not worked before, you will receive a work permit at your first job. If you lost your work passport, burned it, or drowned it, write a statement (indicating reasonable reasons), and the employer will issue you a new book. Part-time workers do not need work. She remains at her main place of work. But if the employee wants, you can add it to labor record about additional work. To do this, you need to bring a document confirming part-time employment to the HR department.

3. Military registration documents - for those liable for military service and those subject to conscription for military service.

4. Document on education or qualifications (diploma, certificate of completion of courses) - if the work requires special knowledge or training.

5. Certificate of state pension insurance. If you enter into an employment contract for the first time, the pension insurance certificate is issued by the employer.

1. Registration. It’s a pity, but the resolution prohibiting the requirement of registration when hiring, and the requirements of Article 64 of the Labor Code of the Russian Federation are ignored in most companies. Be prepared for the fact that you will have to acquire registration.

2. Salary certificate from previous place of work. Some organizations may ask you to bring it. If you don’t want it, don’t bring it: it’s not on the list of required documents.

3. Characteristics from previous place of work.

4. Medical report. If you are under 18 years old, according to Article 69 of the Labor Code, the employer may require that you undergo a medical examination before concluding an employment contract. (The employer must pay for it.) A medical certificate is also required for transport workers, food workers, employees of child care institutions, etc. (Article 213 of the Labor Code). Bribes from office workers are most often fine. They require you to bring a certificate - they violate Art. 3 Labor Code on the prohibition of discrimination in the world of work.

5. Taxpayer Identification Number (TIN). There is not a word about him in Article 65. They have no right to demand it from you. But be prepared for what they will demand. If you do not have a tax registration certificate, you will have to apply for it yourself (at the tax office at your place of residence or registration).


A forged document (Clause 11, Article 81 of the Labor Code of the Russian Federation) is grounds for dismissal. And Article 327 of the Criminal Code of the Russian Federation provides for punishment for the use of a knowingly forged document.

Five stepsand 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). It is necessary to consolidate the employment relationship on paper 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. The probationary period cannot be extended (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 documents, make an entry in the work book, and new employee becomes regular.

Natalya Poletaeva

How to recruit correctly, what steps to take and in what sequence, what documentation will be required? We will consider all these questions in this article.

 

Implementation of virtually any commercial activities, as a rule, implies the involvement of hired workers. As for such an organizational form as an LLC, such circumstances arise with 100% probability, because at least the staff consists of one employee - the director. An individual entrepreneur does not always resort to hired labor; due to the specifics of his activity, he can cope with the entire range of responsibilities single-handedly. But, with the consolidation of a business and its development, hiring employees is usually a logical continuation.

Important: In our article we will look at the ideal hiring procedure for both individual entrepreneurs and LLCs. Although not all actions and documents are mandatory for individual entrepreneurs in this structure, from the point of view of legislation, they are far from unnecessary, because they will allow you to establish full accounting and control in personnel records.

Recruitment Forms

When making decisions about hiring employees - individuals, the legislation provides two forms of registration for your choice: contractual relations: civil contract or employment contract.

A civil contract includes a work contract, and the requirements for its terms are regulated by the Civil Code of the Russian Federation. Chapter 37 of the Civil Code of the Russian Federation is devoted to this agreement, which considers all the conditions within the framework of such an agreement.

If you decide to resort to an employment contract when hiring, then you should familiarize yourself with the provisions of the Labor Code of the Russian Federation, which, from Articles 56 to 84, stipulates all the conditions for the conclusion, execution and termination of an employment contract.

Local regulations of the employer

In accordance with the provisions of Article 68 of the Labor Code of the Russian Federation, the hiring of an employee must be preceded by familiarization with signature with local regulations. Such documents include:

  • Labor internal regulations.
  • Job descriptions.
  • Collective agreement (if there is a trade union at the enterprise). As a rule, within LLCs and individual entrepreneurs such a document is not available due to the absence of a trade union.

The employer's right to approve local regulations is provided for in Article 8 of the Labor Code of the Russian Federation.

All specified documents must be developed by the employer and approved by orders for the enterprise.

When developing internal labor regulations, you can refer to Article 189 of the Labor Code of the Russian Federation, which lists the list of issues and provisions included in this document. Its main condition is that it should not worsen legal status employee, which is provided to him by the current labor legislation.

Qualification reference books approved by the Ministry of Labor for various industries and specialties will provide you with assistance in preparing job descriptions. Having job descriptions will help you clearly formulate a list of responsibilities for each employee.

Important point: the development and approval of local regulations is not an obligation for individual entrepreneurs, and in terms of job descriptions for LLCs, but their presence carries only positive aspects, consisting in more detailed accounting and planning of labor relations with employees.

Hiring procedure and documentation

We have considered all the pre-stages, now it’s time to move on to the immediate essence of our article.

Step 1

The employee must write a job application addressed to the manager (IP), indicating the position in it. After considering the application, the manager must put a resolution on it, which reflects his decision, for example, to accept and issue an order.

  • All pages of the passport;
  • Insurance certificate;
  • Education document;
  • Military ID (for those liable for military service).

If this is not the first place of work, then a work book is also provided. If this is your first job, then you will have to create a work book for this employee. If you do not have an insurance certificate, you will also have to issue one to the Pension Fund for the employee.

Step 2

The conclusion of an employment contract with an employee must be in writing, and this document is drawn up in two copies, one of which is given to the employee.

Step 3

Based on the received documents and application, an employment order is signed. Order form T-1 has been approved. The order is registered in the journal of orders for personnel matters. It can be purchased at any bookstore or office supply store.

In accordance with the provisions of Article 68 of the Labor Code of the Russian Federation, within three days you must familiarize the employee with the issued order against signature.

Step 4

You must enter information about the received work book in the registration journal, the form of which is approved by Resolution of the Ministry of Labor of Russia No. 69, dated October 10, 2003.

Step 5

Now fill out the personal employee card of the T-2 form, approved by the RESOLUTION of the State Statistics Committee of the Russian Federation No. 1, dated 01/05/2004.

The employee must put his signature on the completed card, thereby confirming familiarization with all the information entered there and its approval.

Recommendation: Additionally, you can create a personal file for each employee, in which all documents related to a particular employee will be stored, starting with the application for employment and provided copies of documents, and then continuing to file all applications and orders for this employee during the course of his work. Such document flow will greatly simplify your search for the necessary information on an employee in the future.

STEP 6

If accepted employee liable for military service, then in accordance with Decree of the Government of the Russian Federation No. 719 of November 27, 2006, you must report his employment to the territorial commissariat or local government body.

Mandatory for individual entrepreneurs

When hiring employees, an individual entrepreneur must register with off-budget funds as an employer within the following periods:

  • To the Pension Fund within 30 days;
  • To the FSS within 10 days.

Moreover, such an obligation arises when concluding each new employment contract; it must be registered with the specified authorities. You will read about what this procedure looks like and what documents are needed in the article: Registration of organizations and entrepreneurs with the Pension Fund of the Russian Federation and the Social Insurance Fund.

Now you know exactly the entire sequence of actions that must be followed when hiring employees.

Any organization registered as a legal entity is required to conduct personnel work and submit reports to the social service.

As a rule, in a small organization, records of personnel documentation are kept Chief Accountant.

Young and inexperienced professionals often wonder: is it possible to hire an employee on a day off or on a holiday?

An employee is registered for work on any working day of the company. The number of working days and work schedule are determined by management.

Attention! The organization has the right to register an employee on an official day off, if this does not contradict the Charter.

But the specifics of the appointment and inclusion of the employee in the staffing table should be taken into account: regardless of when the employee received the contract in hand, the first official working day is considered the next weekday.

If going to work falls on a holiday, the employee will be considered hired upon arrival on workplace.

How to hire an employee on a probationary period

The employer has the right to hire a person subject to a probationary period. As a rule, a standard employment contract is drawn up, which specifies the terms and conditions of payment.

Important! Information on how to hire an employee can be obtained on the main website of the Tax Inspectorate.

If, after the lapse of time, one of the parties wishes to change the terms of the contract, then an additional agreement is drawn up, which is part of the employment contract and is entered into the personal file.

According to the Legislation, regardless of the specifics of the job, the maximum probationary period when hiring is 3 months.

For positions with increased responsibility, management can assign a probationary period at its discretion, but the maximum is up to 6 months, and for contract workers hired for a period of up to 6 months, the probationary period is up to 2 weeks.

Attention! At the request of the employee, the period during which he will undergo the test may not be entered in the work book and not taken into account when calculating his length of service.

  1. Minors.
  2. Specialists who have graduated from an educational institution and have been assigned.
  3. Pregnant employees.
  4. Conscripts performing a certain amount of work, hired for a short period of time.

In order for an organization to avoid fines and penalties, it is necessary to correctly draw up personnel documents.

Hiring an employee: step-by-step instructions with a detailed description

Before hiring someone for a position with financial responsibility, you should clarify how to properly hire an employee: usually he is checked for criminal records, articles or offenses. This will help you avoid trouble and also minimize potential problems.

After passing all stages of verification, you can begin registering an employee.

Step 1: Receive a job application

A standard job application is written by hand, where all information about the employee and the position for which he is being hired is entered.

At this stage, the employee’s work record and medical card are checked if the work is related to catering or food products. Personal identification is carried out using the passport and the main pages of identity documents are photocopied.

If necessary, the employee can present the following documents and their copies:

  1. Education document.
  2. Driver license.
  3. Certificates of completion of courses.
  4. Letters of recommendation.
  5. Characteristics from the place of study and work.
  6. A certificate from the Ministry of Internal Affairs stating that the employee is not registered, etc.

Step 2. Familiarize the employee with internal regulations

Each employee, before starting to perform his job responsibilities, must undergo orientation and sign in the log book.

Attention! Depending on the specifics of the organization’s activities, the number of regulations and their content may vary.

For simplified on-the-job training, you can use a questionnaire: data is entered manually, where a signature and date of training are affixed.

Important! Compiling and maintaining journals for anyone legal entity- Necessarily! This is explained by the opportunity to defend your rights in court in the event of an accident.

Maintaining accounting documentation is especially important for construction organizations. Thus, the legal entity is relieved of criminal liability for violations committed by the employee in work time.

Step 3. Draw up an employment contract

The employment contract is concluded within 3 days from the date of commencement labor activity employee.

Important! If for some reason the management did not manage to conclude an employment contract within the allotted time, this is not considered a violation if the organization fulfills all obligations to the employee.

Attention! To ensure the security of his rights, the employee must have one signed copy in hand.

Step 4. Register an employment contract

Registration of the agreement is carried out only after the signature of the manager. An entry about the introduction of a new unit into the staffing table is entered in a special journal, opposite the date of drawing up the contract.

Each employment contract has an entry number that allows you to identify an employee by group: for example, for primary production workers, numbers starting with the number 1, etc. can be used.

Important! An individual who is not registered as a legal entity can hire an employee: the contract is registered with the local executive committee or village council.

Step 5. Issue a hiring order

After all aspects of the employment contract are explained, the personnel officer is obliged to draw up an order for employment. It is permitted to use a printed form version, which may differ from the legally permitted version.

Based on the employment order, the employer has the right:

  1. Promote an employee.
  2. Transfer him to other departments, etc.
  3. Send for training, receive a certificate of completion of courses, etc.
  4. Send on a business trip.

After signing and sealing the contract, the main information is transferred to the order. The employee is obliged to read and sign it.

The state form is presented in the form of Form T-1, and if a team of several people is hired (for example, to perform a certain type of construction work), then Form T-1a is filled out.

The document number is an attribute with the help of which the organization’s input and output documentation is kept track of. Therefore, a potential employee should pay attention to the correspondence of the number in the journal and in the order.

Step 6. Register the order

An order, as a separate unit of document flow, should be registered in the order journal. The unified register contains a list of all orders signed by the director or his authorized representative.

At large enterprises, there are separate types of registers for each type of order: for those dismissed, hired, for maternity leave, etc.

If desired, the director or chief accountant can maintain electronic journal registration of orders. This is not prohibited by law, and is quite convenient for taking inventory.

The company has the right to add or remove any of the government lines at its discretion. However, the general information must remain unchanged: passport data or details individual, date, position, incoming application number, etc.

Maintaining internal records should not concern the employee: all forms are filled out for the further preparation and execution of annual declarations and reporting for submission to social funds.

Step 7. Make an entry in the work book

The legislation establishes standards for recording a new employee in the work book: registration is carried out after 5 days from the date of official acceptance to the position.

However, there are cases when an employee himself does not want to receive a record in his work record. This is completely legal and is not a reason for dismissal. Another question is that this fact is not beneficial for the manager: this indicates that the employee does not want to stay at the workplace for a long time.

Rules for filling out the labor form:

  1. Do not use colored pens, putty, or abbreviate or hyphenate words.
  2. It is allowed to write with a pen with a rod of blue color, legible and intelligible.
  3. It is not recommended to put a stamp on documents: the seal must contain the details of the organization and have the full name of the legal entity.
  4. It is prohibited to use a template signature as a seal.

Attention! If an employee is employed for the first time, the employer is obliged to issue a work book and fill out all fields in accordance with the law.

Fill in first title page, and then information regarding education and place of residence is recorded. At the request of the employee, a contact telephone number can be entered into the employment record.

Important! Before entering additional information into the work book, you should ask the employee’s permission: perhaps he does not want some features of his activity or length of service to be reflected in the document.

Standard information must be taken from the order and the employment contract.

Step 8. Make an entry in the work record book

According to the law, the work book must be kept by the employer. As a rule, for safety it is placed in a safe or in a special office equipped with video surveillance.

Attention! The employer bears full responsibility for storing all documentation and, in case of loss, is obliged to pay compensation to the employee and restore employment.

Accounting for books is carried out using a journal in which all document numbers and the full names of their owners are entered.

For registration, the form established by the Ministry of Labor of the Russian Federation is used.

Important! When filling out the journal, it should be taken into account that any entry should be made only line by line.

For large enterprises, a continuous numbering system is often used, so it is allowed to leave blank lines in the journal.

Step 9. Create a personal card for an employee

Internal employee records are maintained through a Form T-2 card. An employee’s personal card is a document that reflects all the activities of a co-worker: transfer, promotion, maternity leave, dismissal, etc.

Attention! As practice has shown, inspection bodies pay Special attention namely maintaining internal personnel documentation. This is explained by the desire of the state to obtain reliable statistical data regarding the labor activity of the population.

This form can be filled out manually or on a computer, however, in this case, do not forget about the safety of personal data. The computer on which it is produced personnel work, must be protected by an external and internal password.

It is best to fill out the card immediately after drawing up the order - it is convenient and practical, since after registration, some of the documents will immediately go to the safe.

List of details that are entered into a colleague’s personal card:

  1. Education document number and title educational institution.
  2. Labor number.
  3. INN and SNILS number, if available.
  4. Identity documents.
  5. Bank account number for payroll, and other documents, at the request of the co-employee.

Step 10. Create a personal file

A personal file for an employee is drawn up immediately upon hiring. For this purpose, a separate folder is used, into which photocopies and original documents are placed.

The cover of the folder is a “business card” of a colleague: full name, serial number, position, date of hire, etc. are indicated there.

During work, the folder may contain additional documents, such as: certificate of completion of courses, advanced training, testing, etc.

The following list of papers must be included in your personal file:

  1. Autobiography written by the employee in free form by hand.
  2. Photos.
  3. Signed job description.
  4. Characteristics, letters of recommendation.
  5. Application for leave, etc.

Important! The personnel officer is obliged to conduct an inventory and record in the list all received documents. The list is attached to a folder and serves as an official document for audits. Removal of any document from a personal file is possible only with the permission of the head of the personnel department or director.

Which documents can be requested when applying for a job and which ones cannot?

The director, chief accountant, chief engineer and personnel officer have the right to request documents for employment.

Mandatory documents

There is a certain list of documents that must be provided:

  1. Identification document: passport, residence permit, etc.

If you want to get a job minor child, then he must provide permission from the parents, certified by a notary, as well as a birth certificate. If desired, the employer can request a reference from a school or college. When replacing a passport with another, a citizen has the right to show a certificate received at the passport office.

  1. Medical book. The condition is mandatory for all types of work related to food. The shelf life of the medical book is 1 year, so the employee is required to undergo constant examination. In some cases, the organization pays for the health record.
  2. Work book or employment contracts. In case of part-time work, you must provide a certificate from another place of work.
  3. SNILS. It is a card with an insurance account number. It is completed by the employee independently or at the discretion of the employer.
  4. Military ID (conscript). Provided to those liable for military service, both up to 27 years of age and after.
  5. If available, educational documents must be presented: diploma, certificate, diploma, etc.
  6. Some vacancies require a certificate of no criminal record or open criminal cases.

Additional documents

Based on the law, the employer has the right to request additional documents that are in the list of regulations.

List of additional references:

  1. About having experience working in places with harmful conditions labor.
  2. From a drug treatment center that a colleague is not registered.
  3. From the tax service: this includes the declaration of income, as well as the employee’s property.
  4. About the absence of pregnancy.
  5. About family composition and total income.
  6. Copies of documents confirming the minority of children.
  7. About income from other places of work (issued on form 182-N).

Documents that the employer does not have the right to require

There is a list of documents that an employee may not provide:

  1. Registration. According to the law, any person has the right to register not only at the place of residence, but also at the place of temporary stay.
  2. TIN. Most often, controversial situations arise when an employee is religious and does not agree to register numbered registers for himself.
 


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