How to apply for a job. What legislative acts govern this procedure. We conclude an employment contract

Employee registration is a very important part of labor relations. When drawing up documents for employment, it is necessary to adhere to a number of rules, otherwise it is possible that problems with regulatory authorities may arise.

The procedure for hiring an employee

According to the current procedure, when applying for a new employee, you must act in the following sequence:
1. The applicant writes an application for employment, while providing all the necessary documents;
2. Acquaintance against signature with organizational documents that the future employee will have to follow;
3. Conclusion of an employment contract;
4. A personal card for the employee of sample N2 is set up, as well as a personal file;
5. A note about employment is made in the employee's work book.

Documents that must be provided upon registration:
- identification;
- certificate of pension insurance;
- employment history;
- documents on education and military registration.

There are times when you need to provide additional documents. For example, if the work is related to narcotic or hazardous substances, then it is necessary to provide a certificate of material condition and a medical certificate.

Familiarization with regulations

According to current legislation, new employee must, against signature, familiarize himself with the internal documents of the enterprise before concluding labor contract... It can be rules of procedure, and various instructions, and a collective agreement. The employee can put the list on familiarization with the documents both in the statement, which is attached to the documents, and in a special journal.

Drawing up an employment contract and issuing an order for registration for work

The employment contract is the main governing document of the relationship between the employer and his employee. Everything here should be described in great detail. After the conclusion of the contract and the signing of all the necessary documents, the employer must issue a decree on the employment of a person. The employee must provide his copy of the order and familiarize himself with it against signature.

Registration of personnel documents and an employee's personal card

All the necessary documents are filled in by the personnel of the personnel department. The employee's personal file is also drawn up there, which indicates personal information about him, as well as all types of incentives, penalties and career advancement. The corresponding notes must be made in work book employee.

Making a part-time person

In this case, the schedule of the working day and its size should be clearly stated in the employment contract. The rights and obligations of such employees are no different from other colleagues.

Student registration

A student's employment should not exceed 18 hours per week, while for such employees there is an additional vacation:
- month for passing state exams;
- 15 days for the delivery of the session;
- 4 months for the defense of the diploma and the preparation of all examination papers.

Registration of a person with a disability

Employment of a disabled person is carried out according to the accepted procedure, but at the same time the enterprise must provide him with additional benefits:
- if a person has group I or II, he should not work more than 35 hours a week;
- 60 days of additional unpaid rest and 30 days of vacation per year.
It is forbidden to take a person with a disability to work that provides for harmful conditions.

Hiring involves a number of actions, the sequence of which must be followed. It is especially important to correctly and competently document the fact of the conclusion of paid relations between the employee and the employer.

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

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

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

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

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

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

  1. Providing the employer with mandatory information.

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

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

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

The statement is not an indispensable document, because the law does not require the presence of this statement, but it can come in handy.

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

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

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

Director of Research Institute AK
I. V. Ivanov
Petrov Ivan Ivanovich,
residing at:
st. Mira, 1, apt. 1,
Moscow city

Statement

Please accept me as a senior researcher at the laboratory of chemical synthesis from 08.24.20014.

Personal signature I. I. Petrov

If the employee's application has been accepted, then it should be registered in the appropriate Journal of registration of applications.

Third step: familiarize the employee with the documents.

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

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

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

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

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

If the enterprise is Book of registration of agreements on full liability, then the concluded agreement must be registered.

Fifth step:hand over to the employee his copy of the employment contract.

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

Sixth step: publication of an order for employment.

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

Note: The unified form applies “to organizations, regardless of their form of ownership, operating on the territory of the Russian Federation” (clause 2 of the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004).

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

Seventh step: register an order (order) about hiring an employee in Order log(orders).

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

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

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

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

Eleventh step: issue a personal card for an employee, to acquaint him with signature in a personal card with an entry made in a work book, with information entered in a personal card. The form of a personal card T-2 is approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004. The rules for drawing up a personal card are discussed in the lecture "Personal card".

Twelfth step: formalize the employee's personal file, if in relation to his position the employer has established the obligation to maintain a personal file. A personal file involves the execution and acceptance of various kinds of documents. We will consider the rules for recruiting and maintaining personal affairs in the lecture "Personal File"

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

Almost any business, sooner or later, grows and reaches such proportions that it becomes very, very difficult for an entrepreneur or businessman to cope alone. Too many questions arise and too many cases come up that require immediate resolution or implementation. And, as you know, there is always not enough time. Especially when in business you are still completely alone and you do not have assistants. At such a moment, the only sure thing to do is to hire employees. And here a lot of questions arise for a novice entrepreneur.

As a rule, if a person first started a business and for the first time decides to hire one or more employees, he has absolutely no idea what and how to do. How is the right employee? What steps need to be taken? What are the legal issues to follow? What papers do you need to collect? And so on and so forth. There may be a lot of such questions when you first hire an employee.

In today's article, we will try to be as concise as possible and, at the same time, in detail (without missing important details) to understand the procedure for hiring an employee. It should be noted that this procedure is relevant for both individual entrepreneurs and LLCs. True, some steps are optional in one case or another. Moreover, if you follow them, it will not be superfluous. They will only allow you to control the entire process even better. Let's start.

Two forms of labor relations

Our legislation allows you to choose one of two forms of registration of labor relations. It can be a well-known employment contract or a civil contract. If we speak briefly and clearly about the differences, then the main thing is in the “balance” of the parties. If in a standard employment contract there are two parties - an employer and an employee, then in a civil law contract there is a customer and a contractor. That is, in the first case there is a boss and there is a subordinate, and in the second case there are two or more equal partners (one pays money, the other provides a service or creates a product).

If you like to delve into the laws, then you can read about the civil law contract in Chapter 37 of the Civil Code of the Russian Federation, and about the labor contract - in Articles 56-84 of the Labor Code of the Russian Federation. There you will find all the conditions for the conclusion, execution, and termination of contracts. Further, we will conduct the conversation on the part of the employment contract, which is standard for a regular recruitment.

Important "paper" question

Before an employment contract is concluded with a new employee, your future ward must familiarize himself with the so-called local legal acts of the company. These include the following documents:

  • Internal labor regulations.
  • Job descriptions.
  • Collective agreement.

But there are several important points... All these documents will be useful for the company, although, for example, an individual entrepreneur may not have all these papers at all. That is, an individual entrepreneur may not develop local regulations at all.

As for the LLC, only the Internal Regulations are mandatory. An LLC may not have Job Descriptions, and if the company does not have a trade union, then a collective agreement is also not needed.

After reviewing the documents of the company, the hired employee must sign. Move on.

Step-by-step plan for hiring an employee

Step one

First of all, the prospective employee must express a desire to work in your company and draw up a written application for employment. The application must be written to the name of the supervisor. It should contain detailed information about the applicant, as well as the desired position in the company.

After the manager reads the application, he makes a decision to hire an employee or refuse to hire.

Step two

If the employer made a positive decision, the future employee needs to attach the following documents to the application:

  • Photocopy of your passport. We need copies of all pages.
  • Insurance certificate (if any).
  • Diploma, certificate or other educational document.
  • Military ID (if any).
  • Labor book (if this is not the first place of work).

If the applicant does not have an insurance certificate and work book, then you will have to enter these documents for your new employee.

Step three

This is where the employment contract itself is concluded. In duplicate. One remains in the company, the second is given to the employee.

Step four

An order for employment is signed in accordance with the T-1 form (Resolution of the Russian Federation No. 1 dated 05/01/2004). This order must be recorded in the journal of orders for personnel matters. If you don't already have one, you'll have to buy it. The magazine of orders is for sale in bookstores and stationery stores.

Within three days, the employee must be familiar with the order. He must leave his signature on the document.

Step five

At this stage, you need to make an entry in the work book. Details can be found in article 66 of the Labor Code of the Russian Federation. The data on the new work book must be entered in the registration journal.

Step seven

If necessary (refers to the citizens of the Russian Federation liable for military service), you need to inform the Military Commissariat about your employee.

Step eight

This step is required for individual entrepreneurs. You need to register as an employer with the FIU (within 30 days) and with the FSS (within 10 days).

Actually, that's all. Congratulations! Now you know how to properly hire an employee.

Hiring a part-time worker: an approximate step-by-step procedure

RECRUITING A JOINTER:

EXAMPLE STEP-BY-STEP PROCEDURE

Steps prior to applying for a part-time job

  • Submission of documents by the employee. Acceptance by the employer of documents from the future employee. Consideration by the employer of the submitted documents and making a decision on eme an employee to work.

At this stage, it is necessary to find out whether or not the candidate has restrictions on engaging in certain types of activities (Article 351.1 of the Labor Code of the Russian Federation).

According to Art. 283 of the Labor Code of the Russian Federation, when applying for a part-time job with another employer, an employee must present a passport or other identity document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or its duly certified copy, and when hiring a job with harmful and (or) dangerous working conditions - a certificate of the nature and conditions of work at the main place of work.

When deciding on hiring, remember that part-time work is not allowed:

Persons under the age of eighteen;

At work with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions;

A number of prohibitions and restrictions on part-time jobs have been established for judges, prosecutors, police officers, military personnel, civil servants, municipal employees, etc.

The employer (personnel worker or other authorized person) gets acquainted with the submitted documents, verifies their authenticity.

If the parties decide on the employee's employment with the employer, then in the future the employer (personnel worker or other authorized person) takes copies of the documents and certifies them (if necessary, placing such copies in the employee's personal file in cases where the employer maintains personal employee files), transfers information from the presented documents to the employee's personal card, then the originals of the documents (passport, education certificate, etc.) are returned to the employee.

  • Medical examination of an employee in cases provided by law.

According to Art. 69 of the Labor Code of the Russian Federation, the following are subject to mandatory preliminary medical examination when concluding an employment contract:

1) persons under the age of eighteen;

3) other persons in the cases provided for by federal laws.

  • Providing the employer with mandatory information.

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

Steps for applying for a part-time job

1. Receiving a job application from an employee.

This step step-by-step procedure for hiring a part-time worker is not mandatory for most employers, because the Labor Code of the Russian Federation does not provide for an employee to submit such an application. Submission of an application is required upon admission to the state and municipal service (Federal Law of 27.07.2004 N 79-FZ "On state civil service Russian Federation ", Art. 26, Federal Law of 02.03.2007 N 25-FZ" On Municipal Service in the Russian Federation ", Art. 16).

If an application for employment by an employee is nevertheless submitted and accepted by the employer, then it is registered in accordance with the procedure established by the employer, for example, in the register of employee applications.

2. Familiarization of the employee with the local regulations of the employer and with the collective agreement (if any).

According to Part 3 of Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee with signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement. The job description, as a rule, is also a local normative act of the employer (in rare cases, it is an annex to the employment contract).

The procedure for familiarization with local regulations is not defined by the Labor Code of the Russian Federation, in practice there are various options:

information sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization, and the dates of familiarization (such sheets are stitched together with the local regulatory act),

keeping logs of familiarization with local regulations, in which employees put signatures confirming familiarization, and indicate the dates of familiarization.

When hiring an employee, the text of the employment contract may include the phrase that the employee is familiar with the local regulations of the employer before signing the employment contract, and these acts are listed.

A certain procedure for familiarization with local regulations can be enshrined in one of the local regulations of the employer. Find out your employer's procedure for familiarizing employees with local regulations before you begin to familiarize an employee with them.

3. Conclusion with an employee of an employment contract and, if there are grounds for an agreement on full liability.

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

The labor contract must include mandatory information and conditions (part 1 and part 2 of article 57 of the Labor Code of the Russian Federation) and additional conditions may be included (part 4 of article 57 of the Labor Code of the Russian Federation).

At the same time, the peculiarities of the employment contract with a part-time worker must be taken into account. legal regulation labor with part-time workers, established by Chapter 44 of the Labor Code of the Russian Federation.

The employment contract must indicate that the work is part-time.

Please note that concluding a full liability agreement is an optional step. However, it can be very useful at this stage. Suppose they do not immediately conclude an agreement on full financial responsibility with an employee, and after hiring, he already refuses to conclude this agreement. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to conclude an agreement on full financial responsibility, whether it is possible to punish or dismiss the disobedient. Among lawyers, judges, inspectors, there are different points of view on this matter. And in order not to prove your position to someone in an unpleasant event and to avoid unnecessary problems, it is better not to get into such a situation and conclude an agreement on full financial responsibility before the start of the employee's resistance, even when deciding on the issue of hiring and registering him for work. At the same time, do not forget that the conclusion of such contracts is possible only with the circle of employees strictly outlined by the legislator.

According to Art. 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (brigade) material liability can be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values ​​or other property. Moreover, the lists of jobs and categories of workers with whom these contracts may be concluded, as well as standard forms these agreements are approved in the manner established by the Government of the Russian Federation.

Currently there are lists positions and jobs replaced or performed by employees, with which the employer can enter into written contracts on full individual or collective (brigade) financial liability, approved by the Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85. This resolution also approved the standard forms of contracts on full liability.

4. Registration of an employment contract and an agreement on full liability in the manner prescribed by the employer. For example, an employment contract can be registered in the register of employment contracts, and a full liability agreement - in the register of full liability agreements with employees.

5. Handing over to the employee his copy of the employment contract.

According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer. We recommend that you put the phrase “I have received a copy of the employment contract” before signing.

If an agreement on full liability is signed with the employee, then one copy of it is also transferred to the employee.

6. Issuance of an order (instruction) on employment.

An order for the hiring of an employee is issued on the basis of a concluded labor contract, and its content must strictly comply with the terms of the concluded labor contract.

7. Registration of an order (instruction) on the employment of an employee in accordance with the procedure established by the employer, for example, in the register of orders (instructions).

8. Familiarization of the employee with the order (order) on employment under signature.

According to Art. 68 of the Labor Code of the Russian Federation, an order (order) of the employer for employment is announced to the employee against signature within three days from the date of the actual start of work.

9. Solving the issue of writing in the work book.

The work book of a part-time employee is kept by the employer at the main place of work. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

Thus, if an employee is hired as an internal part-time job, then if the employee wishes (which it is recommended to draw up with the employee's application), an entry is made in the work book about the part-time job.

If an employee is hired in order external combination, then he should be asked if he plans to enter a part-time record in his work book at his main job. If the employee wishes, upon his written application on the basis of Art. 62 of the Labor Code of the Russian Federation, a copy of the order for hiring part-time jobs, duly certified, a certificate of part-time work is issued, so that the employee can provide them at the main place of work to make a record of part-time work in the work book.

10. Registration of a personal card for the employee, familiarizing him with the signature in the personal card with the entry made in the work book, with the information entered in the personal card.

According to clause 12 of the "Rules for maintaining and storing work books, making work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of 04.16.2003 N 225 "On work books", with each entry in the work book on the work performed, translation to another permanent job and dismissal, the employer is obliged to familiarize its owner with the signature in his personal card, which repeats the entry made in the work book. The form of a personal card is approved by the Federal State Statistics Service.

The personal card can be registered in accordance with the procedure established by the employer, for example, in the register of employees' personal cards.

11. Inclusion of the employee in the time sheet, other documents.

12. If the employee is accepted on the terms of external part-time job, then you can ask him a certificate from the main place of work about when he will be granted leave in the current year.

It is advisable to do this, because persons working part-time are provided with annual paid leave at the same time as leave for the main job.

Additional steps are possible instep-by-step procedure for hiring a part-time worker: registration of a personal file, notification of the employee's employment to his former employer, communication of information about the employee to the military registration and enlistment office, etc.

  • Registration of the employee's personal file, if in relation to his position the employer has established the obligation to maintain a personal file. For most employers, the management of personal affairs is not an obligation. The conduct of personal affairs is mandatory only in cases where it is prescribed by law, for example, for civil servants, municipal employees, customs officials, prosecutors. An ordinary commercial company, for which the law does not establish the obligation to conduct personal affairs, has the right not to conduct them. But he has the right to lead, if the management considers it necessary. In this case, the procedure for conducting personal affairs is determined by the local normative act of the employer governing relations related to the personal data of the employee (for example, the regulation on personal data and the management of personal files). Personal files can be registered in accordance with the procedure established by the employer, for example, in the register of personal files of employees.
  • Notice to the former employer about the conclusion of an employment contract with the employee, if the employee hired is a former government employee or former municipal employee. According to Art. 64.1 of the Labor Code of the Russian Federation, the employer, when concluding an employment contract with citizens who replaced the positions of the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, must, within ten days, inform the representative of the employer about the conclusion of such an agreement (to the employer) of a state or municipal employee at the last place of his service in the manner prescribed by the regulatory legal acts of the Russian Federation. This procedure is established inThe rules for notifying the employer about the conclusion of an employment or civil law contract for the performance of work (provision of services) with a citizen who replaced the position of a state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation (approved by the Government of the Russian Federation of January 21, 2015 N 29) . The document that is sent to the former employer is registered in accordance with the procedure established by the employer, for example, in the register of outgoing documents.
  • Referral to the appropriate military commissariat and (or) local self-government bodies of information about a citizen subject to military registration, and his recruitment (clause 32 of the Decree of the Government of the Russian Federation of November 27, 2006 N 719). The document, which is sent to the military commissariat and / or local authorities, is registered in accordance with the procedure established by the employer, for example, in the register of outgoing documents.

Some personnel specialists, when familiarizing an employee with local regulations, ask himpoint outnot only the date, but also the time of familiarization, thus emphasizing the observance of the requirements of the code that the employee must be familiar with the local regulations of the employer, directly related to the employee's labor activity, before signing the employment contract. Accordingly, when signing an employment contract, they ask the employeepoint outtime. We do not object to such diligence, but we believe it will be sufficient when familiarizing the employee with the local regulations of the employer.point outthe date of familiarization, and in the employment contract include the phrase that the employee, prior to signing the employment contract, is familiar with the local regulations of the employer (with a list of these acts).

According to Labor Code, an individual entrepreneur has the right to hire employees and this process is not much different from the employer of organizations. However, Chapter 48 of the Labor Code of the Russian Federation describes the features of the work of workers whose activities are related to individual entrepreneurs.

By law, every employer must formally employ employees. Within three days after the employee starts work, the employer is obliged to formalize their relationship with an employment contract and make an entry in the work book.

If an entrepreneur violates the requirements of the law, then he is liable:

    Administrative - a fine of up to 50 thousand rubles or freezing of activities for up to 90 days;

    Tax - a fine from inspection services, depending on the severity of the violation;

    Criminal - a fine of up to 200 thousand rubles or imprisonment up to 2 years.

In order to hire an employee, you must:

    Conclude an employment or civil contract;

    Execute personnel documents;

    Register with the Social Insurance Fund (FSS).

A civil contract makes the employment process easier for individual entrepreneur... In this case, the contract is concluded for the performance of a specific amount of work or the provision of a service and does not require registration with the FSS.

Also no matter what contract of employment It was concluded that the employer, within 30 days from the date of registration of the first employee, is obliged to register with the Pension Fund.

Step-by-step registration of an employee

In order for the employer to be able to register an employee, he must provide the following package of documents:

  • Labor book (if not available, issue yourself);

  • Military registration documents;

    Documents confirming the qualifications of the employee (diploma of higher or incomplete higher education).

Consider step by step registration employee according to the Labor Code of the Russian Federation:

1. The employee must write an application for employment in accordance with the staffing table.

2. According to article 57 of the Labor Code of the Russian Federation, the employer draws up 2 copies. One copy remains with the entrepreneur, the other is given to the employee. The contract must necessarily contain the following information:

    Full name of the employee and employer;

    Organization details;

    Employee's passport data;

    Schedule;

    Information on wages and awards;

    Labor responsibilities;

    Date and signature.

3. The employer acquaints the new employee with his activities and existing local acts: job descriptions, labor protection regulations, internal labor regulations, etc.

4. The entrepreneur draws up in accordance with the unified form T-1 ..

5. The employer gets the employee's personal card.

6. The manager makes an entry in the work book within a week from the date of the conclusion of the employment contract.

Employee and employee benefits

Article 136 of the Labor Code of the Russian Federation provides that an entrepreneur is obliged to pay an employee a salary every half a month. The terms and procedure for payments are established by the employment contract. When calculating salaries, it is necessary to keep personnel records and a timesheet. Late payment imposes administrative or financial liability on the employer.

An employee registered under an employment contract is entitled to annual paid leave and sick leave. In turn, the employer must withhold personal income tax from the salary once a month and transfer it to the budget. It is 13% and is transferred to the tax office no later than two days after the salary is calculated.

An entrepreneur who has attracted a certain number of employees becomes an employer, which means he must transfer the fees established by law. Insurance premiums must be paid by the 15th day of each month. The contribution rate is 30% of the employee's salary, where 22% in the Pension Fund, 5.1% in the MHIF and 2.9% in the FSS.

When concluding a civil law contract, the employer is not obliged to pay funds to the FSS, but transfers are allowed at will.

Entrepreneur reporting by employee

With hired workers, the entrepreneur increases the number of reports that should be submitted to different authorities. Accordingly, it is important for the employer to know where, in what time frame and what reports must be submitted.

Employee reports are submitted to three instances:

    Tax authority;

    Pension Fund;

    Social Insurance Fund.

The following reports must be submitted to the tax office:

Information about average headcount employees - data are submitted once a year. They must be provided by January 20 next year... For example, a report for 2017 must be submitted by January 20, 2018. Information is needed in order for the tax authority to control the number of employees when calculating taxes and imposing special tax regimes.

Help 2-NDFL - the report is provided once a year before April 1 for each employee. The help displays information about the employee's income, deductions and withholding income tax for the past year. If there are more than 25 people on the staff of an individual entrepreneur, the report is submitted electronically.

Help 6-NDFL - to be submitted quarterly by the 1st day of the next quarter. It is necessary to provide a certificate on time. For delays, in addition to a monetary fine, the tax authority has the right to block the current account.

Calculation of insurance premiums - surrendered quarterly by the 30th day of the next quarter.

Two reports must be submitted to the Pension Fund:

Information about the insurance experience - submitted once a year at the end of the year. The report must be submitted by March 1 of the next year.
SZV-M - the report must be submitted monthly by the 15th day of the next month. The document contains information about the employer and employees. Employees should have the following information: full name, SNILS and TIN.

Social Insurance Fund:

4 FSS - the report is submitted once a quarter by the employer, who pay contributions for accidents. The report is needed so that the employer can return part of the funds paid. Information must be provided by the 25th of the next quarter.

Registration of a part-time employee

The algorithm for hiring a part-time employee is practically the same as for a full-time employee. But there are several nuances:

1. Accept the application. In the application for employment, the employee indicates the desired position and the amount of the rate.

2. Familiarization with local acts for signature.

3. Conclusion of an employment contract, where special attention is paid to the clauses on working hours and the size of the rate.

4. Issuance of an order, which must indicate the information that the employee is employed part-time.

5. Recording in the work book. Information about the rate is not indicated.

When entering into an employment contract, the number of hours for the part-time job must be calculated. The number of hours worked per day, week or month must be specified. This information is needed in order to correctly calculate wages. At the same time, it is recommended to indicate the full-time salary in the employment contract, but it should be clarified that the employee is employed part-time and the salary is less.

The law of the Russian Federation establishes the minimum wage. But by working part-time, an employee can earn less than that amount. Clarification in the employment contract will help avoid problems with the labor inspectorate and explain why the payment is made at a lower rate than the established minimum.

Most often, workers are employed part-time with their main job. In this case, the work book remains in the main place and no records of part-time work are entered.

Temporary worker registration

In the course of work activities, situations arise when an employee leaves for maternity leave or obtains a long-term sick leave. The employer is forced to involve an additional person for the performance of labor duties, a temporarily absent employee.

An entrepreneur may have several options.

Transfer responsibilities to another employee who works for him.

In this case, an additional agreement is concluded and an order is issued. The documents should include information about additional work responsibilities and changes in wages. In addition to his job functions, the employee is obliged to fulfill the assigned additional duties.

Transfer of an employee to a temporarily vacated position. Previous duties are completely removed from the employee and new ones are assigned. You can hold positions in connection with the transfer for no more than a year. Record in the work book is not entered. As soon as the absent employee returns, the replacement employee is transferred to his position. To make a transfer, the employer draws up an additional agreement to the employment contract.

Conclusion of a fixed-term contract.

The absent employee can be replaced by a new employee with whom he is signed. The contract is drawn up in the same way as an indefinite one, but it is specified that the employee is hired to replace a temporarily absent employee. If you know the date of the employee's return, you can limit the work of the new employee by specific terms.



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