What you need to know when concluding an employment contract

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An employment agreement (contract) is a mandatory written agreement provided for by the Labor Code (hereinafter also referred to as the Code) between an employee and an employer. Validity period – urgent or unlimited. The deadline for registration is no later than 3 working days after the actual start of performance of official duties. The documents for concluding an employment contract are directly prescribed by law.

In order to protect the interests of working citizens, the Code obliges the parties to prescribe the procedure for labor relations - to consolidate agreements on working conditions, working hours and rest periods, and determine the wage rate. In addition to the rights, the contract also establishes the responsibilities of the specialist hired: personal performance of labor functions; work in the interests of the employer; compliance with internal (corporate) rules.

Main list

The Labor Code (Article 65) specifies a package of basic documents that can be required from a citizen being registered. Copies of them will be kept in the employee’s personal file.

Passport

Most often, an accountant is provided with a Russian passport, but there are exceptions , for example:

• seafarer’s passport – certifies the identity of its owner both in Russia and abroad;
• military personnel identification card ;
• for foreigners - a passport of a foreign citizen (it is issued only to citizens residing permanently in Russia);
• refugee certificate – confirms the identity of persons who are officially recognized as refugees;
• others in accordance with the law.

Employment history

It must be kept strictly in a safe . Several points are worth noting:

• upon first employment, the work book is issued by the employer;
• if an employee is hired for a part-time job, he does not have to bring a work book (it is kept at the main place of work);
• if an employee has lost his work book, upon application, the employer will have to issue him a new one .

SNILS

This is a document from the Pension Fund.

Important: if an employee is employed for the first time , the employer must issue such a certificate to him.

Military ID

When applying for a job, a person who is liable for military service and is subject to conscription for military service presents military registration documents .

Education document

If a new job requires any special knowledge and skills , the employee must bring a copy of a document confirming the presence of this knowledge.

Diploma, certificate of courses completed, etc.

Certificate of no criminal record

Some types of work cannot be performed by persons with a criminal record .

In this case, the employee must obtain and bring to work a certificate of no criminal record or no criminal prosecution .

Other documents at the request of the employer

Despite the direct prohibition of requesting information not listed in Article 65 of the Code, employers often urgently ask to provide information about immediate relatives, Taxpayer Identification Number, and Form 2-NDFL from the previous place of work. There are often cases when women are required to obtain a certificate of absence of pregnancy.

It is important to know! A specialist being hired has the right to meet halfway and provide data of interest to the employer. Refusal, in turn, cannot be regarded as failure to comply with legal requirements and will not serve as a basis for non-conclusion of an employment contract.

Additionally required

In addition to the main documents, the accountant may need some others, the list of which is not regulated by the Labor Code , for example:

1. Application for a job. According to the Labor Code there is no mandatory requirement for this document, but many personnel officers and accountants prefer to put it in their personal file.
2. Birth certificates Copies of them will be needed if the employee receives a personal income tax deduction.
3. Certificates from previous work: about earnings (needed for calculating sick leave); 2-NDFL and others.
4. Some types of work require a medical examination :

• for example, if a citizen gets a job in kindergartens, grocery stores, canteens or cafes ;
• if the employee has to drive a car ;
• if the upcoming workplace is harmful or dangerous ;
• Minors also undergo a mandatory medical examination .

additional information

• application for admission;
• documents on existing education (certificates and diplomas, certificates, certificates of retraining and advanced training);
• TIN;
• marriage and birth certificates;
• Certificates 2-NDFL (for tax deductions for children);
• Certificates of wages for the last 2 years (for calculating sick leave);
• international passport ;
• work permit (for migrants);
• information about the income of the second spouse;
• medical record (for certain positions), the result of a medical examination, certificate of absence of obstructive diseases;
• document confirming the absence or presence of outstanding criminal records.

• Rules for the protection of working conditions;
• Inner order rules;
• Staffing table;
• The procedure for remuneration;
• The procedure for recording, transferring and storing personal data.

This is important to know: Work contract with a foreign citizen: sample 2021

What documents are needed to draw up an employment contract?

Documents presented when concluding an employment contract:

1. Identity document. This can be a passport or a document replacing it (foreign passport, military ID, etc.).
2. Work book. It contains all the information about the official professional activities of the employee throughout his life. The work book is not presented by persons who take part-time jobs and do not want to record information about the second job. For these citizens, the document is stored in the personnel department at the main place of employment.
3. SNILS (pension insurance certificate). SNILS is a plastic green card on which the citizen’s individual personal account number is indicated. The number indicated on the document is unique and remains throughout the citizen's life. If the card is damaged or lost, it is replaced, the number remains unchanged.
4. Military ID. It is presented by citizens liable for military service who are registered with the military commissariat and are subject to conscription.
5. Confirmation of education. A document confirming the availability of education can be a school completion certificate, a diploma from a secondary vocational or higher educational institution. When applying for a position that requires specific knowledge and skills, documentary evidence of completion of relevant courses, trainings, certifications, retraining, etc. is presented.
6. Certificate of absence or presence of a criminal record. A number of institutions do not allow hiring persons who have a criminal record or an open criminal case. When applying for employment in such organizations, a citizen must submit a certificate of no criminal record, or a certificate confirming the rehabilitation of previously opened proceedings against the citizen.

IMPORTANT! Copies are made of all documents. The employer only has the original work record book, which will be kept in the organization.

Labor legislation allows personnel service employees to request additional information about a citizen in order to sign an employment contract with him.

Documents may be required due to the specifics of the work ahead.

You will also need the following documents necessary to conclude an employment contract:

1. TIN. A certificate of registration with the tax authority is often required to be presented when applying for a job. This document is drawn up at the tax office at your place of residence.
2. 2-NDFL. A new employer may require a certificate in form 2-NDFL, which contains information about all the citizen’s income for the required billing period. A similar certificate is obtained from the accounting department at the previous place of work.
3. Sanitary book. Workers in the food industry, trade, medical institutions and a number of other areas must have a health certificate.
4. Medical examination data. REFERENCE. Persons under 18 years of age are hired only if they have completed a primary medical examination. Also, citizens of any age are often required to provide a photofluorogram before signing an employment contract.

Some documents may be required to assign additional benefits and guarantees to a citizen. Since such documents are optional, the employer does not have the right to require a citizen to present them without fail. The employer has the right only to make a proposal, but the future employee makes the decision to provide documents to receive benefits and guarantees independently.

Such documents include:

1. Data on family composition. In this case, children's birth certificates, marriage or divorce certificates are presented. This data can become the basis for receiving a number of benefits (for example, providing vouchers to camps for children or reducing working hours for mothers of young children).
2. Medical reports and certificates. Pregnancy, disability or other health conditions may be grounds for creating special working conditions. For example, when hiring a pregnant employee, and employing people with disabilities.
3. Rights to additional compensation and guarantees. Such rights are given by the presence of an academic degree, title, honorary title, etc.

Peculiarities of registration of employees for individual entrepreneurs

If an employee is registered to work in an LLC, there will be no nuances regarding funds.

The company automatically registers with them according to the data reported by the tax office.

With individual entrepreneurs it is a little more complicated.

As soon as the first employee is hired, you will need to register with the funds yourself. This means that an entrepreneur or accountant will need to take sets of documents there.

We submit the following documents and certified copies to the Pension Fund

• an application requesting registration of the employer with the Pension Fund of the Russian Federation, written in one’s own hand;
• a copy of the passport (first page and with registration);
• copies of the order for hiring the first employee and the employment contract with him.

You have only 30 days . The Pension Fund of Russia will register the entrepreneur within five days .

to the Social Insurance Fund (within 10 days):

• application for registration with the Social Insurance Fund (a sample can be downloaded from the Social Insurance Fund website or obtained from a fund branch);
• copies and originals of the passport , its registration certificate
• copies and originals of the order to hire the first employee, the employment contract with him and the work book with a record of employment.

Employment of a disabled person

A disabled person provides a standard package of documents for employment.

It is important that such an employee is not required to show his medical certificates and reports during employment, unless the nature of the work requires it.

The changes will only affect additional benefits and rights :

• disabled people must be provided with a comfortable workplace that meets their needs;
• disabled people have the right to increased paid leave - 30 days;
• also, a disabled employee at any time request leave at his own expense in the amount of up to 60 days;
• in no case can company regulations relating to employees create conditions for people with disabilities worse than those of other employees;
• disabled people of groups I and II have the right to work no more than 35 hours a week, but with the same salary;
• Like ordinary employees, people with disabilities can be involved in working on weekends and overtime . Naturally, such work should not be contraindicated for a disabled person due to health reasons.

Also, in a special journal, the employee must confirm that he is aware of his right to refuse such work.

Why do you need photos on your resume?

First of all, it should be noted that photographs are inserted into resumes not for “beauty contests,” but to attract the employer’s attention to the person of the applicant for an available vacancy.
Hiring managers skim through many resumes a day, and are primarily drawn to messages that include headshots of the job applicant. Based on the presence of a photo, you can get a first impression of a person, determine gender, age, appearance, and if the manager likes the photo, then the likelihood that he will start studying the resume is much higher. The presence of a photograph in a resume can create a psychological effect, endearing the applicant and instilling confidence. Therefore, you need to choose the right photo, it must be appropriate and the person in it must be friendly.

In addition, you must keep in mind that having a photograph in your resume, especially for managerial vacancies, is a rule of good manners, since persons holding senior positions in a company are the face of the enterprise: they organize presentations, make speeches at corporate meetings, and make comments for the media. Therefore, such job seekers are required to look business-like and presentable, correctly presenting themselves in photographs on their resumes.

The same applies to those who deal with customers in sales. Their appearance and how the sales manager greets the client determine whether he will come again after the first purchase.

However, the absence of a photo does not mean that resumes for such vacancies are not considered by employers, but resumes with a photo in such options will have a certain advantage.

Applicants for vacancies not applying for positions not related to presentation meetings, as well as applicants for blue-collar professions, can send a resume without an attached photograph, and this will not be critical.

At the same time, in any case, it is better to follow the principle: it is better to send a resume without a photo than to insert an inappropriate photograph.

You can watch the video about why you need a photograph on your resume.

( Video : “How to take photos on your resume-3. Why do you need a photo on your resume?”)

Admission of a minor

According to the Labor Code, an employer can hire minors with the following reservations :

• up to 18 years of age, employees are required to undergo a medical examination at the employer’s expense every year;
• 31 days of paid leave at any time
• It is prohibited to dismiss a minor without the permission of the commission on minors' affairs and the labor inspectorate. The exception is the liquidation of a company.

In any case, it is prohibited to accept minors:

• if the work involves lifting weights ;
• if the work can affect the moral development of a minor (selling cigarettes, working in casinos, nightclubs, selling alcohol, etc.).

If a foreign citizen gets a job

Only adult can be hired . When registering, a foreign citizen presents in addition to the main documents:

• medical insurance valid in Russia (in some cases, the employer himself provides foreign workers with medical care by concluding agreements with medical institutions);
• patent or work permit (some exceptions are provided by federal laws);
• residence permit or temporary residence permit in the Russian Federation.

It is also worth noting that foreign male workers do not provide the employer with military registration .

Registration of a part-time employee

When registering a part-time job, he will only need a passport, SNILS and, if necessary due to the nature of the work, a document on education .

It is important that an entry is made in the work book for such an employee only at his request, and this is done at his main job.

Another difference between a part-time worker and regular employees is that paid leave at the same time as at his main job.

Recruitment procedure

1. First, the future employee presents the documents discussed above to the employer and fills out an application for employment.
2. The employer considers the application for some time and most often calls the future employee for an interview.
3. Next, the employer familiarizes the employee with the work documents and the collective agreement, if any.
4. The employee signs the employment contract, confirming that he has read it and accepting responsibility for his work.
5. The employee must be given a copy of the employment contract.
6. After the conclusion of the contract, an order for employment is issued and registered.
7. The employee reads the order and puts his signature under it.
8. Hiring is recorded in the work book.
9. Next, the employee’s personal card is drawn up and included in the accounting table.

Most of the paperwork is handled by the bosses and authorized employees “at hand” of the future boss.

Making a statement

The law does not provide for the mandatory nature of such a document, which means there are no specific requirements for its preparation.

Here are the main points that it is advisable to take into account when an employee writes an application for admission:

• it is written in one's own hand ;
• in the header of the application - to whom (position, company name), from whom (last name, first name, patronymic; registered at the address);
• in the body of the application the following text is usually written: I ask you to hire me at the “name of the enterprise” for the position “where the citizen wants to work” with “expected start date”;
• The date and signature of the new employee are placed at the bottom
• in the upper left corner the manager can put a resolution;
• The accountant must record the document in the employee statements journal.

Job application form.