Who can work without a work book and how to apply for it

If we talk about applying for a job without a work book, then we immediately understand that we are talking about work without official registration (employment). A work book allows you to obtain work experience to receive a pension in the future.

• What are the advantages and disadvantages of employment without official registration?
• What is the responsibility of the employer and employee before the law?

These issues are relevant for both parties (employer and employee).

Hiring without a work book

Among all the documents required when employing an employee, there must be a work book. The absence of a work book for an employee is permissible by law only in two cases:

• when employed as part of an external part-time job (their document is stored at their main place of work);
• during initial employment (or the work book was lost).

In each of these situations, hiring an employee without a work book is carried out differently. Let's try to figure out together what hiring without a work book entails for an employer, and in what cases the law allows the absence of this document during employment.

Opportunity to get a job without a book

An employee has the opportunity to get a job without a work book if this is initial employment. Then the employer creates a work book for the employee. Citizens who are getting a job for the first time: graduates of educational institutions, minors, and people not working for some reason.

Articles on the topic (click to view)

• What should an employee do if the employer has lost his work book?
• Work book for transfer to another position: sample 2021
• Work book certified by the employer for the bank: sample 2021
• Validity period for a copy of a work book for a bank
• Information about disciplinary sanctions in the work book
• The employee does not want an electronic work record book
• Example and procedure for filling out an electronic work book

Starting from 2021, information about an employee’s work activity and length of service will be accumulated in the information system of the Pension Fund of the Russian Federation. Here, employers will have to transmit information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract.

Other cases are also possible when applying for a job without a work book; these are labor agreements, which are essentially employment contracts or a type of contract.

Hiring an employee who has not previously worked

• “Rules for maintaining and storing work books”, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003, oblige the employer to create a work book within 7 days for each employee who has not previously worked anywhere and is employed at the first main place of work.
• The employee must submit a written application indicating that this place of work is the first in his work activity.
• The employer endorses the application and draws up a work book, indicating its details (serial and serial number of the issued form, date of issue), after which the application is filed in the employee’s personal file.
• Individuals who are not individual entrepreneurs do not have the right to draw up, store and maintain work books.

Legal requirements for a set of documents when applying for a job

Article 65 of the Labor Code of the Russian Federation establishes a list of documents that the applicant must provide to the employer. These should include:

• employment history;
• identification document;
• education document;
• document on military registration;
• SNILS, etc.

Hiring an employee without a work book due to its loss

The law allows for hiring without a work book if the employee has lost it or has lost it due to some insurmountable circumstances.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

An employee can apply to his new employer to issue a new work book due to its loss, damage (Article 65 of the Labor Code of the Russian Federation), etc. For such situations, a special procedure has been established for issuing a new work book for an employee:

• the applicant writes a separate application for a new work record form to be issued to him simultaneously with the application for employment, indicating the reasons (loss, theft, etc.) as the basis for issuing a new form.
• the employer must draw up a new work book and notify the employee of this against his signature (the mark is placed on the employee’s application, which is filed in his personal file);
• a new work book form is provided by the employer, with subsequent deduction of its value from the employee’s salary.

The new employer is not required to include information about the employee’s work activity for the period preceding the issuance of a new book on the form, although this is not prohibited by law. If there are supporting documents about previous places of work, this information can be entered into a new work book.

The new work book has the same legal force as the original lost by the employee.

Where can I get a book if I haven’t worked?

According to paragraph 8 of the Rules, approved. 225 of the Government Decree, the registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of hiring. In particular, a person who has lost his work book, according to paragraph 31, paragraph 225 of the resolution, is obliged to immediately notify the employer at his last place of work.

The employer issues the employee a duplicate work book (with all records of length of service and incentives) no later than 15 days from the date the employee submits the application.

This is important to know: Journal of labor records: sample 2021

Employment with an insurance certificate, but without a work permit

Employment begins with the fact that the employee must bring with him a certain package of documents for registration. The list of documents is given in Article 65 of the Labor Code (LC RF).

It includes:

• passport and work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
• insurance certificate of compulsory pension insurance;
• military ID (or registration certificate);
• documents on education, qualifications, certificates.

If the position requires certain training, skills or condition, then the employee provides a full package of documents, and if at a minimum, then presents a passport and insurance certificate.

The law prohibits requiring documents other than those listed above from a person applying for a job, but nowhere is there a prohibition on asking an employee to provide additional information or documents.

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

The application is addressed to the employer and signed by the employee himself, indicating the date. For example, it might look like this:

"Statement. Due to the fact that I have lost my work book, I ask, in accordance with paragraph 5 of Article 65. Labor Code of the Russian Federation, give me a new one. Number. Signature."

How to react if an employee does not provide labor?

In this case, you should pay attention to the consequences of such rash actions: it will be impossible to conclude an employment contract with the employee under Article 65 of the Labor Code.

According to Art. 65, all employees who are going to get a job must bring to the personnel service a mandatory list of documents necessary for employment, including a work book. The following situations are considered as an exception:

• a person gets a job for the first time}
• The employee works as a part-time worker.

If this is the employee’s first place of work, then the employer issues the book for him. If a newly hired employee does not have a work record because he has lost or damaged it, the employer must, after submitting an application from the employee in the appropriate form, which must indicate the reason for his absence, get him a new record book.

What happens if the employee does not provide a work book?

The package of documents that an employee starting work must present to his employer is established by the Labor Code of the Russian Federation. Each of the submitted documents must be reliable. Today, the employment record is the main document with which you can easily confirm the work activity of employees. It is needed to calculate special and continuous experience, as well as to confirm the fact of work in a particular place. If the employee does not provide a book, then the employment relationship cannot be formalized.

Registration of work books is carried out in accordance with the Rules for their maintenance and storage. New books are valid on the territory of the Russian Federation, but along with them, old-style documents are also valid. Therefore, even if an employee does not have a new sample work permit, he can bring to the personnel service the one that he has at the time of starting a new job.

Employment of minors

It is prohibited to hire minor individuals for work related to harmful and (or) dangerous working conditions, as well as when it is necessary to work underground.

The full list is in Decree of the Government of the Russian Federation dated February 25, 2000 No. 163.

The general procedure for concluding an employment contract with minors (over 14 years of age and under 18), as well as minors (under 14 years of age), is established by Articles 63 and 348.8 of the Labor Code of the Russian Federation.

An agreement can be concluded with a person who has reached the age of fourteen years, receiving general education strictly with the written consent of one of the parents (guardian), guardianship or trusteeship authority, to perform light labor in his free time from study, without causing harm to his health and without prejudice to mastering the educational program.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Persons who have reached the age of fifteen years, have received general education or are receiving general education, may enter into an employment contract without parental consent to perform light work that does not cause harm to their health.

You cannot hire a minor under other conditions

The conclusion of an employment contract is permitted with persons who have reached the age of sixteen; permission from parents is not required, except in cases provided for by this Code and other federal laws.

Responsibility of hiring under an employment contract, without a book

What are the risks of registering without a work book? According to the law, during a period of incapacity (illness, birth of a child, vacation), the employee retains his job, maternity pay, work history and insurance coverage, but without official employment no one will take this into account.

If an employer hires an employee without a work book, he is acting illegally.

Employer's liability

For violation of the requirements of Article 65 of the Labor Code of the Russian Federation and the provisions of the “Rules for maintaining and storing work books”, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003, the manager bears personal responsibility, the limits of which are established by Article 5.27 of the Code of Administrative Offenses of the Russian Federation, namely:

• an official or an individual entrepreneur may be fined 1000 - 5000 rubles,

In case of repeated violation, the sanctions will increase:

Exceptions to the rules

However, there are exceptions. It is possible to work under an employment contract without a work book.

When working under an employment contract, the employer will still have to make contributions to the Russian Pension Fund. Also, sometimes employers draw up a civil contract (contract, copyright).

The difference between an employment contract and a work contract is that in the first case, the employer pays for the time that the employee spends on performing the duties specified in the contract, and in the second, the final result of the work.

In this case, the employee who signed such an agreement bears responsibility in accordance not with the Labor Code, but with the Civil Code.

Therefore, in the case of labor relations, it is still better for the employee to remain an employee and enter into an employment contract, rather than get involved in contract work. In any case, the absence of an entry in the employment record is always more of a minus than a plus. It is better to give preference only to official employment with social and labor guarantees

Labor legislation requirements for registration of employment

The legislation of the Russian Federation stipulates that the fact of employment must be reflected in the work book. Despite this, there are several options when making a registration entry in this document is not mandatory.

Additional facts

The contract must specify all the requirements for the employee, as well as clarify his rights and obligations. In addition, possible fines for violating the terms of the contract are included.

Let's consider whether it is possible to work without a work book. This option is possible, but it should be taken into account that the law requires the execution of a civil contract between the employer and employee. You can read more about the types of such agreements in the article below.

Part-time work can also be carried out without making entries in the labor record (Chapter 44 of the Labor Code (LC) of the Russian Federation). This option provides that the citizen is officially employed in some organization, and in another company he has a job under an employment agreement without a work book. When working part-time, an employment contract is concluded with the employee, which must indicate that the employee is working part-time with his main job.

Another legal option on how to get a job without a work book is to work for an individual. Examples of such work: hired personnel to service a private home (maid, cook, gardener, driver, etc.). The employer does not have the right to make any entries in the employment contract, therefore the working relationship in this case is formalized by concluding an employment contract. The employer must make the necessary contributions to the Pension Fund and Social Insurance Fund for his employees.

The reasons why an employer does not want to formally register an employee can be different: from banal busyness or forgetfulness of the personnel officer to deliberate evasion of taxes and insurance pension contributions.

Availability of a work book: legal requirements

The list of documents that the applicant must provide to the employer is established in Article 65 of the Labor Code of the Russian Federation. Among others (identity documents, education, military registration, SNILS, etc.), this norm establishes the mandatory presence of a work book - the main document on labor activity. As an exception, an employee’s absence from work is permissible only in two cases:

• when employed as part of an external part-time job;
• during initial employment.

Analyzing the provisions of this article of the Labor Code of the Russian Federation, it should be concluded that hiring without a work book is permissible only in certain cases and for two categories of workers. Actually, this requirement does not apply only to persons who have not yet worked anywhere and external part-time workers, for whom the document is stored at their main place of work, and for employees applying for both permanent and temporary (seasonal) main work, this norm has no exceptions .

Pros and cons of working under a contract

For temporary or project work, an entrepreneur most often draws up an employment contract with an employee without a work book, the so-called civil contract. This is convenient for the employer because there is no need to register a temporary employee on staff. And the employee himself receives a free schedule and the opportunity to collaborate with other customers, if there is enough time.

However, there are negative aspects to this type of contract. For example, they do not involve going on vacation, and in case of illness or injury, the customer does not pay the employee sick leave.

Exceptions to the rules: when else can you hire an employee without a work permit?

The provisions of the law allow another option, when an employer can hire a person without a work book who is not an exception to the rules of Art. 65 Labor Code of the Russian Federation. This is possible if the employee has lost or lost the document due to some insurmountable circumstances.

As a rule, in such cases, the employee is obliged to immediately report the loss (theft or loss) of the book to his previous employer, who must issue a duplicate of it within 15 days (clause 31 of the Rules for maintaining work books). When filling out the form, it is mandatory to enter o on its title page (we talked in more detail about preparing a duplicate work document here).

But according to Art. 65 of the Labor Code, an employee can also contact his new employer with an application to issue a new labor document in connection with its loss, damage, etc. For such situations, a special procedure has been established for issuing a new work book for an employee:

This is important to know: Application for a work book for the first time: sample 2021

• Simultaneously with the application for employment, the applicant must write a separate application for a new work book form to be issued to him. The reason for issuing the form is indicated (loss, theft, etc.);
• Based on the application of the new employee, the employer is obliged to draw up a new work book accordingly, and notify the employee of this under signature (a mark is placed on the employee’s application, the application is filed in his personal file);
• The form of a new work book is provided by the employer, with subsequent deduction of its value from the employee’s salary.

The new employer is not required to enter information about the employee’s work activity for the period preceding the issuance of a new record book into the form, although this is not prohibited by law. If there are supporting documents about previous places of work, this information can be entered into the new work record.

A new work book issued in compliance with all established requirements has the same legal force as the original lost by the employee.

Exceptions to the general rule

According to Art. 65 of the Labor Code of the Russian Federation, a work book is one of the mandatory documents that an employee must provide to the personnel service when applying for a position. The same standard lists cases when it is not necessary to provide a book:

• Hiring an employee without work experience (initial registration of the book, in accordance with Article 66 of the Labor Code of the Russian Federation, is carried out within 5 days from the date of admission).
• Concluding a part-time agreement.
• Absence of a book due to its loss, damage or other reasons (the document is drawn up by the new employer based on an application from the employee stating the reason for the absence of the book).

Read about correctly filling out an employee’s document in the material “Instructions for filling out work books.”

Analyzing labor legislation in more detail, we can find other cases when hiring without a work book is possible:

• Conclusion of a civil contract with a hired person (Article 11 of the Labor Code of the Russian Federation).
• Work for an individual not related to entrepreneurial activity (Article 309 of the Labor Code of the Russian Federation).
• Remote work (Article 312.2 of the Labor Code of the Russian Federation).

In all cases of work under an employment contract without a work book, confirmation of length of service in the Pension Fund will be the pension contributions transferred by the employer according to the employee’s SNILS, as well as a copy of the work agreement. Let us consider the features of such employment methods in more detail.

Why is a work book needed?

The obligation for an employee to provide a work book upon hiring is stipulated in Article 65 of the Labor Code of the Russian Federation.

In Art. 66 of the Labor Code of the Russian Federation states that such a work book is the main document for employment and contains information about work experience.

The employer keeps books for each employee who has worked for more than 5 working days, if this work activity is the main one.

The following entries are made in the work book:

• about the employee himself (personal data);
• about the work being performed;
• about the position;
• about translations;
• about dismissal;
• the grounds for termination of agreements are indicated;
• information about awards, successes, thanks;
• information about disciplinary action in the form of dismissal.

Advantages and disadvantages for the employer

Managers of companies that hire people without making an entry in the employee’s work book enjoy certain advantages:

• there is no need to include a specialist in the staff, offering him a permanent place of employment;
• the director has limited liability;
• no need to pay for vacation or sick leave;
• it is permitted not to pay mandatory bonuses assigned to all full-time employees.

But the absence of an entry in the employee’s book has some disadvantages:

• there is no possibility of bringing such a specialist to disciplinary liability for absenteeism or similar violations;
• it is impossible to completely control the work process, so employees often make mistakes, miss deadlines or take other actions that negatively affect the results of the company’s work;
• workers are often negligent in their duties.

Therefore, hiring workers on the basis of a GPC agreement is not always beneficial. During such registration, it is important to take into account the requirements of the law so as not to violate the citizen’s labor rights.

What does the employer do if the employee does not provide a work book?

Possible actions of the employer if the employee fails to provide a work book are reflected in the table below.

What to do if an employee does not provide a work book

If the employee does not provide a work book, the employer has the right to take the following actions:

How is a work book restored in case of loss?

In Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, a citizen who has lost his work book must report this fact to his employer at his last place of work. In such a situation, a duplicate (copy) is issued within 15 days from the date the employee submits the application.

The duplicate contains the following information:

• about the general and continuous work experience of the employee until he started working for this employer. It is necessary to confirm the data from the archive with a certificate;
• data on work and awards at the last place of employment.

Important! Work experience is indicated in total in the form of the total number of years, months, days of work without specifying a specific employer, periods of work and positions.

Features of a part-time contract

If an employment contract is drawn up with reference to part-time work, then this option frees the employer to make an entry in the work book.

The part-time contract option can be used when both parties are satisfied with the situation of the absence of standard documentation.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Sometimes an employee does not want to make the appropriate entry due to the fact that he does not want to spoil the work book with an unnecessary position (lower in status).

Important! If an entry is still required, the procedure can be carried out at the request and initiative of the employee, for which a certificate from the main place of work will be needed.

An employment contract is a guarantee that the employer will fulfill its obligations: payment of wages, provision of sick leave, vacations, and benefits.

When working part-time, seniority is accrued, since the employer is required to pay contributions to the funds.

How to register an employee without a book?

If the employer does not want to enter any information into the work book of a new employee, then he will have to use other contracts rather than a standard employment contract for employment. These include:

• contract agreement (GPC), required for one-time work;
• copyright agreement necessary for the implementation of creative activities for a limited period of time;
• an agency contract drawn up if the contractor performs certain actions on behalf of the customer.

Even if an agreement is drawn up without a work book, the employer is still obliged to make insurance contributions to the Pension Fund and other funds for its employees.

Work under a contract for an individual: features

In such a situation, the employer is an ordinary individual who is not an individual entrepreneur. However, such a citizen has the right to hire a worker, for example, to help with his personal household. The peculiarity of labor activity is that the employee’s labor activity is not related to the individual’s extraction of commercial profit, and the results of labor obtained are used for personal purposes (for example, vegetables from the garden).

Such an employer does not have the right to make entries in the employee’s work book. The guarantee of labor relations is a civil law agreement (CLA). It is concluded in writing according to established rules.

Important! Such an employer must inform the authorities at the place of registration that he has hired or fired an employee.

Features of the relationship under the GPC agreement:

• the contract can be fixed-term or indefinite;
• the terms of the contract must not contradict existing legislation;
• the employer must pay contributions to the Pension Fund and Social Insurance Fund for his employee;
• When hiring an employee for the first time, the employer is responsible for registering SNILS.

The main differences between an employment contract and a GPC document are presented in the table below.

Important! In some cases, during legal proceedings, the GPA may be recognized as a labor agreement if there are signs of a labor option for formalizing the relationship. Sometimes employers try to replace these two concepts, since the employer’s obligations under the GPA are much easier and smaller.

Part-time work

The law does not prohibit a citizen from working in several companies at the same time. In this case, he is obliged to inform the employer about part-time employment. After this, the employer has additional rights and obligations. It must be taken into account that granting leave from a part-time job is mandatory simultaneously with leave from the main job.

Even if there are no required days. Then leave is granted without pay.

Among the key rights of a part-time employer is the absence of the need to maintain an employee’s work book. It is only necessary to sign an employment contract. An employee may request a certificate of employment from the company so that the main employer enters information about additional work into the work book.

With this type of employment, the following points should be highlighted:

• cooperation between the parties is regulated by the concluded employment contract;
• if the activity is performed during working hours (for the main job), its duration should not exceed 50% of working time;
• the citizen is subject to all guarantees of social protection, as well as benefits and compensation provided for by the collective agreement;
• Part-time work experience is included in the total length of service for calculating the old-age pension.

Remember, the work book is kept in a single copy. Therefore, a part-time employer is not obliged to worry about the presence of entries in a document that he does not have.

How to hire an employee without a work book?

The employer's actions may be as follows:

• justified refusal to hire;
• you can request a copy from your main place of work when applying for a part-time job;
• You can draw up a report on the absence of a work book, then, at the request of the employee, issue a new one, subject to compliance with the law.

Example No. 1. Initial data:

• employee Avakumov A.A. gets a job at Avanta LLC;
• he cannot provide a work book because he lost it when moving 2 years ago;
• 2 years Avakumov A.A. didn't work anywhere.

• upon hiring, the employer draws up a report on the absence of a work book;
• a new work book is issued at the request of the employee.

How to hire an employee who does not have a work book

If an employee does not have a work book when applying for a job, the employer has the right to the following actions:

1. Refuse to hire an employee.
2. Request a copy of the work record book from the main place of work (if the employee gets a part-time job).
3. Draw up an act on the absence of a work book and, at the request of the employee, issue a work book in compliance with the legislation of the Russian Federation.

Example:

Locksmith K.K. Kryuchkov is getting a job at ABV LLC. He cannot provide a work book, because... During the move when changing place of residence 2 years ago, it was lost. For 2 years Kryuchkov K.K. didn't work anywhere. In this case, the employer needs to draw up a report on the absence of a work book and, based on the employee’s application, issue a work book.

Employer's liability for violation of rules

The imposition of sanctions is provided for in Art. 5.27 Code of Administrative Offences, Article 15.11 Code of Administrative Offenses of the Russian Federation.

Art. 235 of the Criminal Code of the Russian Federation comes into force in the following situations:

• kidnapping;
• destruction;
• damage;
• hiding the work record.

The main sanctions under Art. 235 of the Criminal Code of the Russian Federation:

• fine up to 200 rubles;
• compulsory work up to 360 hours;
• correctional labor for up to a year;
• arrest up to 3 months.

Changes in legislation from 2021

Instead of a paper version, the new document will be called “Information on Labor Activities.” Records will be personalized for each employee. All issues will be dealt with by the Pension Fund of the Russian Federation.

All records will be made electronically, and at the time of dismissal, the employee will be given an extract about his professional employment.

The employee will have the opportunity to control this information through the following bodies:

• HR department of the company;
• Pension Fund of the Russian Federation;
• MFC;
• State Services portal.

FAQ

Question No. 1. Is it possible to get a job in a company without a work book if you sign a contract?

Answer: If an employment contract is concluded, then you cannot get a job without a work book. When concluding a contract, such employment is possible.

Question No. 2. If an employee is on parental leave, but wants to get a part-time job. Is a work book required?

Answer: Since the type of employment relationship involves part-time work, registration without an employment relationship is possible. But full-time work is out of the question.

Most common mistakes

Error No. 1. For an unfounded conclusion of a GPA, instead of a labor option, administrative liability is provided in the form of a fine: for an official - from 10 to 20 tr., for an individual entrepreneur - from 5 to 10 tr., for an organization - from 50 to 100 t. .R.

Let's summarize. Drawing up a rental agreement without a work book is possible only in two cases: the agreement is of a civil law nature, and part-time employment. If these options are not suitable, and there is no book, then at the request of the employee, a duplicate can be issued with registration in accordance with the requirements of the law.

When is it permissible not to use a document?

It is possible to work without a work book only in two situations:

1. The activity is carried out for an individual who is not represented by an individual entrepreneur. Therefore, the relationship arising between the two parties is governed by the provisions of Chapter. 48 TK.
2. Part-time employment. Any person has the right to work in several companies. In one organization he is represented as a full-time employee, while in others he acts as a part-time employee, so he works no more than 4 hours a day. Such activities are regulated by the provisions of Chapter 44 of the Labor Code.

In all other situations, upon official registration, information must be entered into the specialist’s work book. The exception is the conclusion not of an ordinary employment contract, but of a GPC agreement. It is used if one-time work is required, which is limited in volume and time.

Attention! It is recommended to figure out whether it is possible to work without a work book before starting work, since if the employer does not require this documentation from the new employee, this may be regarded as a serious violation of labor rights.

Restoration of work record

According to the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” (as amended and supplemented), a person who has lost a work record is obliged to immediately notify the employer at his last place of work . In this case, the employer is obliged to issue the employee a duplicate work book no later than 15 days from the date the employee submits the application.

When preparing a duplicate work book, the following is entered into it:

• information about the employee’s total and (or) continuous work experience before joining this employer, confirmed by relevant documents;
• information about work and rewards (promotions) that were entered into the work book at the last place of work.

The total length of service is recorded in total, that is, the total number of years, months, days of work is indicated without specifying the employer, periods of work and positions of the employee.

If the documents on the basis of which entries were made in the work book do not contain complete information about work in the past, only the information available in these documents is entered into the duplicate work book.

If there is an entry in the work book about dismissal or transfer to another job that is declared invalid, the employee, upon his written application, is issued a duplicate work book at his last place of work, into which all entries made in the work book are transferred, with the exception of the entry declared invalid.

In what cases can you not issue a work book?

The obligation to conclude a written employment contract and make entries in the work book is determined by the Labor Code of the Russian Federation and applies to all types of labor relations. But in some cases, the employer has the legal right not to formalize employment in accordance with the rules of labor legislation, or to do so with certain restrictions.

Let's look at the situations using specific examples. The absence of a direct obligation for the employer to create a work book (make appropriate entries) is permitted in the following cases:

• when signing civil law contracts by the parties. Typically, this option is considered when performing one-time work;
• if a citizen is employed part-time. Here he already has a work book for his first (main) place of work. Therefore, there is no need to start another one;
• when an employee is hired remotely. Often this type of employment occurs online (receiving orders and completed work results);
• the employer is an individual who does not register the status of an individual entrepreneur. This norm is permitted by current legislation.

It should be noted that the absence of an obligation to make entries in the work book does not mean that the employer should not sign a written contract with the citizen. Of course, its name may not contain the words “labor”. But here the parties must clearly define their rights and obligations in order to obtain the desired result.

Remember, the work book confirms the fact of the employment relationship between the employer and employee. But the rights and obligations of the parties are set out in a written agreement, which the parties must sign.