Is it possible to work under a contract without a work book and what are its disadvantages?

In accordance with the norms of current labor legislation, each employee who gets a job is required to provide a work book, among other documentation. It is in it that records are made about the employee’s work experience, his position, and awards. This document is a guarantee of official employment. However, there is a legal way of official employment without obtaining a work book, which is often used if necessary. This option is to conclude a civil law agreement between the parties. Relations within the framework of such an agreement do not relate to labor, and therefore registration of an employment contract is not required. Let us consider the organization of this process 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.

Situations in which work without a work book is allowed

The obligation to make an entry in the employment record arises only when the employee has worked for the company for more than 5 days.

There are two possible ways to formalize relations between the parties, in which there is no need to use a work book.

Other options are not provided and are a violation of the law. If a situation arises when an employee gets a job in a company (or individual entrepreneur), he is not required to have a work book, we can safely say that a GPC agreement will be concluded. This type of documentation has a number of features compared to a regular employment contract.

When the law allows you to work without a work book

Articles 44 and 48 of the Labor Code of the Russian Federation allow the employment of an employee by an employer on the terms of an employment contract, but without recording this fact in the work book:

• external part-time work – when the employee is a full-time employee of another enterprise, and works for the specified company on a part-time basis or remote access;
• performing work duties for a citizen-individual who does not have the status of an individual entrepreneur.

Only the listed circumstances give the right to conclude employment contracts with employees without entering information about the work in the work book.

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.

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: Work record book for transfer to another position: 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 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.

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: Work book certified by the employer for the bank: 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.

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.

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 fill out a civil contract

Today, the contract form itself can be downloaded on the Internet, here you can find almost any sample of any document. Agreements as a result of which an employee receives a job but does not have an employment record can be unpredictable. Therefore, when filling out a contract without making entries in the work book, one of the prerequisites should be a consultation with a lawyer who will tell you what pitfalls may be hidden in this particular contract.

After discussing all the nuances with the employer, asking him about mandatory deductions and consulting with a lawyer, you can sign the document.

It is imperative to save your version of the agreement, because it may be needed much later, when it becomes necessary to calculate the pension experience.

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.

Employment with an individual

Household assistant, nanny, tutor, gardener - such professions are often in demand on the labor market in the private sector. Citizens who are not business entities by status have the right to hire employees if this activity is not related to making a profit.

Naturally, there cannot be any entry in the work book about this period of work activity, and the employee’s rights are protected by a formalized employment contract between individuals.

When entering into such an agreement, the private employer must notify local authorities about hiring people for work. Data about dismissed employees is transmitted in the same way.

The working conditions of a private owner must not contradict the provisions of labor legislation - regarding the length of working hours, the provision of days off and annual leave, and other social guarantees.

A private individual acting as an employer must be responsible for paying insurance contributions to extra-budgetary funds (medical insurance, social insurance, Pension Fund) in order to ensure the availability of insurance and work experience for his employee.

What are the disadvantages of working without a work book?

The main disadvantages of working without making entries in the work book:

• no vacation with pay;
• Contributions are transferred only to the Compulsory Medical Insurance Fund and the Pension Fund, but not to the Social Insurance Fund;
• The GPC agreement, as a rule, has an exact validity period. However, it can be terminated earlier than the established period, and the employer himself should not notify the employee 2 months before this moment;
• there are no bonuses or other additional payments under the contract;
• sick leave is not paid;
• if an employee goes on leave for employment and labor regulations, then no benefits will be accrued or paid. You will need to contact the social security authorities separately;
• if you are injured at work, no payments will be made;
• If work is completed late or with poor results, a fine may be imposed.

The main advantages of working without a work book:

• lack of a regular work schedule;
• the ability to choose convenient working hours;
• there is no need to follow orders from superiors;
• The contract is mainly designed for the volume of work performed.

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.

Solution:

• 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.

Hiring a school student

The hiring of persons under 18 years of age and labor relations with their participation have significant specifics.

If we concern only issues related to the work book, then in cases where the teenager has not previously had an employment relationship, it is issued in accordance with Articles 65 and 66. TC, paragraph 8 of the Rules, approved. 225th Post. Govt.

Employment history

is completed within a week with the entry of the information listed in paragraph 9 of the Rules.

In practice, personnel department employees sometimes require a teenager to apply for a book. This is not entirely legal, but it is not a gross violation either, because the fact that the teenager had no previous work experience follows only from his words.

Next you can read Article 65, Chapter 11 of the Labor Code of the Russian Federation:

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

07/08/2021 The Government of the Russian Federation introduced draft law No. 748684-7, which specifies the replacement of paper versions of work books with electronic ones. The law will come into force on 01/01/2021. Until 01/01/2021, it is planned to organize technical aspects for the implementation of events.

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.

Combined work

In cases where an employee gets a part-time job, it is not necessary to make an entry in the work book. The fact is that this document must be located at the place of main work throughout the entire period of employment. In fact, this is the only reason why part-time work does not require a mark in the work book. Otherwise, a person holding a part-time position performs labor activities in accordance with the Labor Code.

The employee must take into account the following aspects, which must be observed by both employers:

• Leave must be taken at the same time at both places of work;
• In case of illness, sick leave must be provided to all organizations with which an employment contract has been concluded;
• Insurance and work experience are accrued at both places of work.

However, at the request of the employee, for ease of calculating work experience, an entry about an additional place of work can be made in the work book. To do this, from the place of additional employment, at the request of the employee, a certificate is provided with the information necessary for entry. The employee brings it to the accounting department or human resources department of the organization where he conducts his main work activity.

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.