Rules for hiring and its documentation

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Published: 06/21/2016

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The procedure for employing an employee is accompanied by the need to complete many documents. Some of them, approved by law, are provided by the employee himself, the rest must be prepared by the employer.

It is worth considering in more detail what stages the procedure for employing an employee consists of, what documents he must provide, and also what the responsibilities of the future manager are.

• Legislation
• Preparatory stage: necessary documents and their verification
• Main stage: interviewing and concluding an employment contract
• Final stage: paperwork and permission to work Issue an order for employment
• Make an entry in the work book
• Familiarize the employee with regulations
• Issue a personal card for the employee
• Create a personal file
• Conduct the necessary instructions

Stage one - job application

So, after a successful interview, it was decided to hire the person. The first thing a future employee must do is write an application. It is submitted to the head of the organization. The document is written in free form by hand. For convenience, you can print ready-made forms. The text should be something like this:

“To the General Director of LLC Ivanov and Partners, Ivanov Ivan Ivanovich, from Petrov Petrovich.

Statement

Please hire me for the position of sales manager.”

Date, signature.

The employment application is signed by the manager or his deputies authorized to hire employees . In addition to the visa, the director must indicate his consent - write “I don’t object”, “I agree” or something similar.

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Applying for a job in the absence of a work book with a record of dismissal from the previous place of work.

Some personnel officers follow the lead of new employees or their colleagues, applying for a new job without a work permit, with the expectation that the person will soon bring the book to the personnel department. It is quite possible that this happens in most cases, but a problem often arises - the entry of dismissal in the work book by the previous employer is later than the date the employee was hired for a new job. To avoid such documentation “overlaps,” you should not take risks.

Hiring without a passport.

The full set of documents required to conclude an employment contract is given in Art. 65 Labor Code of the Russian Federation. In the first place is a passport or other identity document. Let’s say that the employee does not have a passport with him, since it is being re-issued or has been completely lost. Does this mean that an employer can hire a person using a certificate issued in accordance with the administrative regulations of the Federal Migration Service? Of course not. Because a certificate is not an identity document. In this case, the employee must be required to provide a temporary identity card.

Admission of a certain category of employees to perform labor duties without mandatory medical examinations.

In Art. 213 of the Labor Code of the Russian Federation names such categories of workers. In addition, Order of the Ministry of Health and Social Development No. 302n provides a List of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out. The amount of the fine in the case of allowing employees to perform work duties without medical examinations can reach 130,000 rubles, as warned by Art. 5.27.1 Code of Administrative Offences.

Signing an employment contract before the employee familiarizes himself with important documents related to his work activity.

Internal labor regulations, local regulations, collective agreement - the employee must familiarize himself with all these documents against signature before signing the employment contract (Article 68 of the Labor Code of the Russian Federation). Moreover, he puts a signature under each document.

Lack of mandatory information or conditions in the employment contract.

When drawing up an employment contract, you must follow the instructions in Art. 57 Labor Code of the Russian Federation. If any information is missing, it is necessary to make additions directly to the text of the employment contract. The missing conditions are “supplemented” by an annex to the employment contract or a separate agreement of the parties, which is concluded in writing.

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Instead of a mandatory condition - place of work - the employer specifies in the employment contract an additional condition - workplace.

The Labor Code, oddly enough, does not define the concept of “place of work.” But the code helps to understand what a workplace is. In Art. 209 of the Labor Code of the Russian Federation states that “a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.”

Evgenia Konyukhova, a leading expert consultant on labor legislation and personnel records management, explains what exactly to indicate in an employment contract with an employee when indicating the place of work:

Lack of working conditions in the employment contract.

From January 1, 2014, working conditions at the workplace are mandatory included in the employment contract. Federal Law No. 426-FZ of December 28, 2013 provides four classes of working conditions: optimal, acceptable, harmful and dangerous. An employer can understand what working conditions he has in the workplace only based on the results of certification, if its validity period has not expired, or a special labor assessment.

How to reflect working conditions in an employment contract if a special assessment was not carried out, says expert Evgenia Konyukhova:

Absence in the employment contract of such conditions as the nature of the work and working hours, in cases where this is necessary.

If the working time and rest time regime for a particular employee differs from the general rules in force at the employer, then this must be indicated in the employment contract. As for the nature of the work, its mention is important if the company employs, for example, drivers, couriers, and forwarders.

The employer confuses the date of conclusion of the employment contract with the date of drawing up the employment contract.

Of course, the employment contract must contain the date of conclusion.

The employer enters into a fixed-term employment contract without having the right to do so.

If a fixed-term employment contract is concluded in a case not provided for by law, then the terms of its urgency have no legal force. From this point of view, it is important to rely on Art. 59 of the Labor Code of the Russian Federation, correctly indicate the validity period of such an employment contract - the date or period of the occurrence of the event, and also state the reasons for the circumstances for its conclusion.

Inaccuracies in the indication of remuneration in the employment contract.

Remuneration is a mandatory condition of the employment contract. Therefore, each employment contract must indicate the size of the tariff rate or salary. It is also necessary to indicate additional payments and allowances, if any.

The employer confuses the concept of “probationary period” with the concept of “probationary period”.

Expert Evgenia Konyukhova gives comments on this issue:

The content of the employment order is at odds with the terms of the employment contract.

The fact that the content of the order must comply with the terms of the employment contract is stated in Art. 68 Labor Code of the Russian Federation. Therefore, employers should carefully check all the details in the document. The employee must familiarize himself with the order against signature within three days from the date of actual start of work.

The employment record is entered into the work book with the wrong date.

An entry about an example of a job is made in the work book specifically indicating the date of hiring, which is already in the order of employment and the employment contract.

The employee does not know about the entries made in the work book.

Filling out a T-2 personal card for a new employee is an important final stage of the hiring process. The employer must familiarize the employee with the entries made in it against signature.

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Algorithm of employer actions when hiring an employee

Stage two - medical examination

It's not for everyone. The Government of the Russian Federation has developed a list of professions for which medical examinations are mandatory . These are workers engaged in hazardous working conditions, doctors, rotation workers. In relation to an online store, a medical examination must be carried out by office employees who work with a computer more than 50% of the time and sales workers - for example, sellers of goods delivery points, as well as couriers.

If you have an online food store or delivery of fast food - sushi, rolls and hamburgers, then employees who are involved in working with food also need a medical book . And minors undergo medical examinations, regardless of their profession - everything.

To undergo a medical examination, you must give the future employee a referral. There is no approved form for it, but there is a list of requirements for this document. According to the order of the Ministry of Social Development No. 302n, the following must be indicated in the direction:

• name of the organization indicating the form of ownership (IE or LLC);
• activity codes according to OKVED;
• name of the medical institution to which the employee is sent;
• Full name of the employee and job title;
• indication of the department (sales department, accounting department, etc.);
• list of harmful factors.

Based on the information specified in the referral for examination, doctors will decide which specialists the applicant should undergo and which tests to take. After successfully passing the examination, the employee is given a certificate with a conclusion about suitability for work.

Note. Russian legislation has the concept of “Special assessment of working conditions” . Any entrepreneur is obliged to invite a specialized organization to examine all workplaces and give an opinion on the state of workplaces and the specifics of activity. It is on the basis of this conclusion that it is decided whether employees need medical examinations or not.

The acquaintance continues

You have checked the documents of your future colleague, it’s time to show your cards, that is, present all the local regulations that will relate to his activities. This will allow him to fully assess future working conditions, regime issues, and the remuneration system.

The list of local regulatory acts may include regulations on bonuses, regulations on business trips, a collective agreement, internal labor regulations - their number is determined by the employer himself, based on his needs. The law here is only advisory in nature. The only requirement is that these documents must not worsen the employee’s working conditions in comparison with the current labor legislation (Article of the Labor Code of the Russian Federation).

It is important that the future employee must document the fact that he has become familiar with the local regulations. This can be a receipt or signature in a special journal, for each act separately or for all at once - at the employer’s choice. The main thing is that this is done before concluding an employment contract (Article of the Labor Code of the Russian Federation).

Stage three - employment order

The employee returned to you with a medical certificate confirming his suitability for work. Now it's up to you. The first thing you must do as an employer is issue a hiring order. This is the main document for employment. On its basis, an employment contract is concluded, which we will talk about in due course.

The order indicates the name of the organization, full name of the head, and the serial number of the document. The text is as follows:

“Recruit Ivan Ivanovich Ivanov for the position of sales manager from such and such a date”

Date, signature.

The employee is introduced to the employment order under his personal signature. The order is recorded in the order log. A medical examination certificate and a job application are attached to it - this will be the employee’s personal file.

What documents are requested when applying for a job?

A citizen must be prepared for the fact that when applying for employment he will have to present the following documents:

1. Passport or other identification document (birth certificate, passport of your country and permission to stay in Russia for people from other countries, etc.).
2. Work record book (if this is the first employment, it is created by this organization).
3. Insurance certificate of pension insurance.
4. Military registration documents (for those liable for military service or conscripts).
5. Diploma of education (if the job requires special training and knowledge).
6. Medical certificate (if minors are hired or if this is work in the catering industry).
7. Certificate of assignment of TIN.

SNILS is one of the necessary documents presented by a future employee when concluding an employment contract (Article 65 of the Labor Code of the Russian Federation)

Sometimes additional documents are requested.

When applying for a state or municipal service, the applicant is given a questionnaire, which he undertakes to fill out.

In addition to submitting the main package of documents, a potential employee, upon entering the service of state or municipal bodies, must fill out a questionnaire

Stage five - making an entry in the work book

If the employee already has a completed work report, you just need to make a new entry there. This is done by the HR inspector or an authorized person. This could be the individual entrepreneur himself. The entry is extremely simple:

“Hired at XXX LLC for the position of sales manager in the sales department from such and such a day of such and such a month on the basis of order No. 1.”

Date, signature of the inspector or official, seal of the organization. Or HR department, if you have one.

This is if labor exists. If an employee gets a job for the first time and does not have a work book, one must be created. Labor papers are sold in any bookstore or office supply store. The employee must purchase it and bring it to you. And you, in turn, fill out the title page. There is a minimum of data - the employee’s full name, his education and profession, date of birth, date of filling out the book and signature of the person in charge. This is usually a human resources inspector or an authorized employee. In the case of an individual entrepreneur - the individual entrepreneur himself.

The first page must be filled out in legible handwriting, without blots or corrections. This document will remain with the employee for life and will be needed when applying for a pension. The organization's seal is also placed on the title page.

Deadlines for processing documents for employment

When hiring new employees, documentation is completed quite quickly. It is worth noting that the dates for issuing an employment order, concluding an employment contract, and starting work, as a rule, do not coincide.

Table: deadlines for completing documentation when hiring

We notify the state about the status of the employer and begin paying contributions

First, let's digress a little and think about the global. Our country has pensions, health insurance and other benefits from the state. There are special funds for this . It is from there that the state takes funds for old-age pensions, treatment and rehabilitation of occupational diseases and other needs.

When you become an employer, you are required to contribute money to all these funds . This is the basis of the social well-being of the population. Let's briefly explain how it works:

1. Tax Inspectorate. Collects taxes - both yours and your workers'. You pay tax on profits, employees - personal income tax - personal income tax. The money goes to maintaining the state apparatus, paying doctors, teachers, police, and so on.
2. Pension Fund of Russia - PFR. Accumulates money to pay old-age pensions.
3. Social Insurance Fund - FSS. The fund pays for the treatment of injuries after industrial accidents, occupational diseases, and sanatorium-resort treatment.

In 2021, you only need to file one notification—to Social Security. There is no need to report anything to the pension and tax authorities: they will find out everything themselves from the first quarterly reports.

Once notices are submitted, you begin paying fees. Taxes and pension contributions are paid to the Federal Tax Service, insurance contributions to the social insurance fund. Since pension contributions are controlled by the tax office and not by the pension fund, contributions must be reported to the latter. And monthly. If you have paid your insurance premiums to the tax office, you submit a notification of payment to the Pension Fund. And so - every month.

Let's summarize. In order to avoid problems with government agencies, you must pay insurance, pension contributions and taxes for each employee . To do this, you need to submit a notification to the social insurance fund. This is given 30 days after the employee is hired. After this, make transfers to the tax and Social Insurance Fund, and send monthly reports on payment of contributions to the pension fund.

Civil contract

It happens that you need to hire employees for one-time work. For example, your office needs some cosmetic renovation. It is necessary to re-stick the wallpaper, paint the walls, replace the plumbing and tiles in the restroom. Don’t hire plumbers, plasterers and painters for this! This is where a civil contract comes to the rescue. Such an agreement is drawn up for one-time work. A classic example of a civil law contract is a work contract. You act as a customer, and the performer acts as a contractor. The document specifies the type and volume of work, the timing of its completion and payment terms. After completing the order, the parties sign the acceptance certificate for the work performed and financial documents, after which they part with the world.

Registration of an employment contract

Now let's take a closer look at the basic rules for hiring and documenting an employee. So, he has already written a statement and familiarized himself with the regulations in force at the enterprise. Now it's time to sign the employment contract. It is printed in two copies - one remains with the employee, the second is in the HR department. After this, the employee can begin to perform his duties. If it is necessary for him to go to work right away, then the signing of the agreement can be postponed for up to 3 days.

An employment contract may have attachments with regulations

This document must include the following information:

1. Full name of the company.
2. The name of the document, the date of its signing, the seal of the enterprise.
3. The date the employee assumed the position, the date the document began to be valid.
4. If an employee is hired for a probationary period or part-time, then these points must be specified in the contract.
5. Employee rights.
6. Responsibilities of the employee.
7. Employer's rights.
8. Employer's responsibilities.
9. Remuneration procedure, key rate.
10. Guarantees provided by the enterprise.
11. Work schedule, duration of vacation.
12. Responsibility of both parties.
13. Conditions under which the contract can be terminated.
14. Conditions for employee insurance.
15. Resolving controversial issues.

Note:

It is the employment contract that is the key document regulating the relationship between the employee and the employer. You must specify in it all the requirements and various nuances regarding working issues in as much detail and clearly as possible.

What to do if workers are needed from time to time?

Let's imagine the situation. You have a small online store and use a single tax on imputed income - UTII. The tax return in this mode is submitted once a quarter. But you don’t want to fill it out yourself and don’t know how – it’s better to hire a qualified accountant for these purposes.

As in the case of office renovation, it is not profitable to hire a specialist to fill out one single piece of paper every 3 months and take it to the tax office. Therefore, the best option in this situation is an outsourcing or agency labor agreement . It looks like this. A certain organization employs a full-time accountant. You agree with its manager that once a quarter he provides you with an accountant to prepare and submit reports. And you enter into an appropriate agreement. This will be the outsourcing agreement.

The bitter truth of life instead of a conclusion

Now let's count. Do you know what fine an individual entrepreneur faces if he does not register his employees as required? From 5 thousand rubles. Without going into mathematics, approximately the same amount of contributions to the funds must be paid for each employee every month. And this is at the minimum wage.

It would seem that it is easier for entrepreneurs to pay fines than to register their employees legally. But this is all due to ignorance of the laws. Upon closer examination, it turns out that by paying all the required fees, you only save . For example, sick leave can be paid not from your own pocket, but from the social insurance fund. And for insurance deductions it is quite possible to save on taxes. We will definitely teach you this in future articles. In the meantime, register your employees as expected and sleep well !

What document forms are there?

Orders are drawn up and executed using standard forms approved by the State Statistics Committee of the Russian Federation on January 5, 2004, No. 1.

When hiring, forms T-1 and T-1a are used.

If registration is carried out by transfer from one position to another, form T-5 is used.

Form T-1. An order for hiring an employee in the T-1 form is used when applying for the appointment of one employee. Allows one order. It is recognized as a unified form based on basic standards for personnel records management.

Form T-1a. It is used when several people are employed by one order. It has a specific structure in which a single format, taking into account the norms regulated by personnel records management, applies to several points in relation to several employed persons.