Registration of hired workers for private entrepreneurs. How to properly hire a new employee

Hiring a new person always raises a lot of questions. How to hire an employee in order to comply with all legal requirements? Under what article are they hired? What papers need to be completed? This is discussed in our article.

What do you need to get hired?

Article 65 of the Labor Code of the Russian Federation determines which documents an employee must have when applying for a job without fail, and which ones depend on the specifics of the job.

Mandatory documents

As the Labor Code establishes, employment is carried out only upon presentation by a citizen of a passport or other identity card. This is the only document that the Code unconditionally requires.

In addition, the mandatory ones include:

SNILS - if available, otherwise its registration becomes the responsibility of the employer;
Work book for all employees, with the exception of those for whom registration for work is taking place for the first time;
Military ID, required only for categories of the population liable for military service;
Documents on education, only when the work performed requires special skills and knowledge;
Certificates of criminal convictions and administrative penalties, only for certain specialists and types of work.

It is separately stipulated that the list of mandatory documents may be supplemented by separate legislative acts.

Recruitment procedure

How to hire an employee correctly? First of all, follow the hiring procedure established by Article 68 of the Labor Code of the Russian Federation.

Employment rules

Hiring a new employee should begin with familiarization with the working conditions and corporate rules of the enterprise.

The fact of familiarization must be confirmed in writing, that is, the employee must sign all local regulations with which he has become familiar.

An employment contract must be concluded in writing with the employee. This document must include all required information. This is regulated by Article 57 of the Labor Code of the Russian Federation.

All employers are required to maintain work books for their employees, as well as comply with the rules for their registration and storage.

Each employee must have a personal card in the T-2 form.

Reason for hiring

An employee’s application is the main document that justifies hiring. The Labor Code of the Russian Federation also considers the fact of election of an employee to a position as a result of voting or competition, or appointment to a position by the constituent assembly, as the basis for starting an employment relationship.

The application is written to the manager, indicating the employee’s desire to occupy a certain position.

The application is endorsed by management, and the personnel officer begins to register the employee for work.

Hiring stages

When hiring a new person, the following stages can be distinguished:

Submitting a job application;
Familiarization with signature of all documents related to the employee (collective agreement, salary regulations, job description, etc.);
Drawing up and signing an employment contract. This document must be drawn up in 2 copies;
Drawing up an order for employment. Familiarization of the employee with it;
Conducting introductory and initial training on labor protection;
Filling out a work book;
Filling out a personal T-2 card.

Note! The employer has the right to allow an employee to perform duties without a written contract, but for no more than three days.

Is there a difference in how to apply for a job in an LLC or an individual entrepreneur? No, regardless of what organizational and legal form the employer has, the procedure for applying for a job does not change.

Preparation of documents for hiring

The hiring procedure includes the preparation of mandatory documents:

First of all, hiring is formalized by an employment contract. An employment contract is the main document that regulates the relationship between the parties to the employment relationship. Its form is not established by law (unless you are a small enterprise and do not use a standard employment contract), but the Labor Code of the Russian Federation specifies what details should be indicated in it (Article 57).
The order of acceptance to work. It is signed only after the agreement has been drawn up, which serves as the basis for its publication. The order is usually drawn up in a unified form T-1 or t-T-1a. But the company has the right to use its own forms of administrative documents.
personal card (form T-2). Its maintenance is not regulated by the Labor Code of the Russian Federation, but its mandatory availability is determined by the Rules for maintaining work books, which indicate that all entries must be duplicated in the employee’s personal card.
work book is the main document confirming the employee’s length of service. If the employee does not have one for any reason, the employer is obliged to get a new one. But the employee pays for the book form.

These are mandatory documents, the preparation of which accompanies the employee’s registration for work.

Registration of employment: nuances

How to properly hire an employee if working conditions differ from usual? All working conditions must be agreed upon upon hiring the employee and included in his employment contract.

Hiring an employee under a fixed-term employment contract

If we hire an employee under a fixed-term employment contract, then several conditions must be met:

the employment contract must indicate that the work is temporary, with a mandatory indication of the reason. Because if an employment contract is concluded for a certain time without a good reason, then upon the employee’s complaint it can be recognized as unlimited. The list of reasons for concluding a fixed-term employment contract is given in Article 59 of the Labor Code of the Russian Federation.
The duration of work may be limited either to a specific date or to the occurrence of a specific event.
the work book does not indicate that the employee was hired under a fixed-term employment contract.

Note! The term of the temporary contract should not exceed 5 years.

Hiring an employee for part-time work

If we hire part-time employees, we must take into account the following nuances:

the condition of part-time work must be specified in the contract;
a part-time worker cannot work for more than 0.5 full-time units;
The employer does not maintain labor records for an external part-time worker, since it is located with another employer.

When hiring an employee on an internal part-time basis, another package of documents is drawn up, including a T-2 card.

The hiring of an employee is formalized in accordance with the provisions of the Labor Code of the Russian Federation. In this case, it is necessary to conclude an employment contract with him in writing. In addition to the contract, it is necessary to issue an admission order and fill out a personal card.

Hiring involves a number of actions, the sequence of which must be followed. It is especially important to correctly and competently document the fact of concluding a remunerative relationship between an employee and an employer.

First step: when applying for a job, it consists of the employer reviewing the documents presented and making decisions about hiring an employee.

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

Documents presented by the employee when concluding an employment contract:
— passport or other identity document;
— work record 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 state pension insurance SNILS;
— military registration documents – for those liable for military service and persons subject to conscription for military service;
- a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training;
- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing state policy and legal norms regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with the Labor Code of the Russian Federation, other federal laws, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution.

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

Medical examination of the employee in cases provided for by law.

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

Notifying the employer of mandatory information.

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

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

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

The application is not an essential document, because the law does not require this application, but it may be useful.

Firstly, in the application you can enter the information necessary for the employer to issue a personal card for inclusion in your personal file.

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

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

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

Statement

I ask you to accept me as a senior researcher at the laboratory of chemical synthesis from 08/24/20014.

Personal signature I. I. Petrov

If the application from the employee has been accepted, it should be registered in the appropriate Application log.

Third step: familiarize the employee with the documents.

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

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

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

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

Please note that concluding an agreement on full financial liability is not a mandatory step. However, at this stage it can also be very useful. Let’s assume that an agreement on full financial responsibility is not immediately concluded with the employee. And after being hired, he refuses to enter into this contract. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to enter into an agreement on full financial responsibility, whether it is possible to punish or fire those who are disobedient. There are different points of view on this matter among lawyers, judges, and inspectors. And in order not to prove your position to someone in an unpleasant case and to avoid unnecessary problems, it is better to conclude an agreement on full financial responsibility not long after, but at the same time as deciding on the issue of hiring and applying for a job. At the same time, do not forget that the conclusion of such agreements is possible only with a circle of employees strictly defined by the legislator.

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

Fifth step:give the employee his copy of the employment contract.

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

Sixth step: issuance of an employment order.

An order (instruction) on hiring is issued in the form T-1 (on hiring an employee) or T-1a (on hiring workers), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of a concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

Note: The unified form applies “to organizations, regardless of their form of ownership, operating on the territory of the Russian Federation” (clause 2 of the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004).

When developing an “amateur” form, there is a risk of not specifying any of the mandatory details or conditions, for example, whether the work is main or part-time, whether a probationary period has been established, and payment conditions. And this will lead to negative consequences if a dispute arises with the employee in the future.

Seventh step: register an order (instruction) on hiring an employee to work in Order log(orders).

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

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

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

Tenth step: it is necessary to make an entry in the Book of registration of the movement of work books and inserts for them.
The forms of the Book for recording the movement of work books and inserts for them and the Receipt and Expenditure Book for recording forms of work books and inserts for them are approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Eleventh step: issue a personal card for an employee, familiarize him, against signature in the personal card, with the entry made in the work book, with the information entered in the personal card. The form of the personal card T-2 is approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. The rules for issuing a personal card are discussed in the lecture “Personal Card”.

Twelfth step: draw up the employee’s personal file, if in relation to his position the employer has established the obligation to maintain a personal file. A personal file involves the preparation and acceptance of various types of documents. We will look at the rules for compiling and maintaining personal files in the lecture “Personal Files”

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

In the course of conducting the activities of an organization and an entrepreneur, a moment comes when it is necessary to hire an employee from an LLC immediately, because she has a director - she can’t live without him, and the individual entrepreneur will have such a need. At this moment, a number of questions arise - what is needed, what documents, admission procedures, applications, employment contracts, employment contracts, etc. We will reflect these points in this article and consider the option when you have a candidate and he needs to be documented.

In order to hire an employee, you need to request the following documents from him:

Citizen's passport
Work book, if the employee has not worked anywhere before, a new one is created
SNILS – insurance certificate – green card
TIN, if you didn’t have one, it is necessary for the employee to receive it from the Federal Tax Service
Education document - it is needed rather at the request of the employer
Military registration document, if the citizen is liable for military service
In certain cases, medical certificate

Hiring procedure, step-by-step instructions

Step 1. Special assessment of working conditions (previously until 2014 - certification of workplaces)

If an organization has hired employees who perform some kind of work, even office work, it is necessary to carry out work to identify harmful and dangerous factors in their work. This is relatively a fiction, but according to the law this requirement is mandatory and applies to both organizations and entrepreneurs (according to Article 212 of the Labor Code of the Russian Federation and Part 1 of Article 8, Federal Law No. 426).

Yes, of course, you can carry out an assessment after you start working, but keep in mind that you can be held administratively liable, both as an individual entrepreneur and as an LLC. To begin with, they can issue a warning, but there are also material levers of influence, just like the suspension of the enterprise’s activities, and a repeated violation will be punished more severely.

Important! Since 2015, the administrative fine for the absence of SOUTH is - for officials and individual entrepreneurs 5-10 thousand rubles, for LLCs - 60-80 thousand rubles, in case of repeated fact - from 30 to 40 thousand rubles. and from 100 to 200 thousand rubles. accordingly, they can also suspend the activities of the enterprise for up to 90 days.

Step 2. Honey. reference

Before accepting an employee, in some cases it is necessary to have a medical certificate; for this, he must undergo a medical examination in a special center, after which he will be given a supporting document. It is also possible to request such a document if the employer wishes.

After receiving their copies of documents, the employee signs in the appropriate box in order to later, if necessary, prove that such an agreement was handed over to the employee.

Step 6. Employment order

The basis on which an employee begins his official duties or is vested with some powers is the hiring order. The order displays the conditions to which the employee is invited and, after review, is endorsed by both parties. The document used is unified for one and T-1a for a group of persons.

Step 10. Personal card

Simultaneously with the reception of the employee, a personal employee card is issued, in which his personal data is entered

Step 11. Time tracking

During the life of the enterprise and visits by its employees, it is necessary to keep records of working hours for each employee. State com. Statistically, two forms are established:

T-12 can be used if the company will keep track of working hours and payroll payments to employees. It is allowed to keep records without filling out the section on payroll calculation
T-13, can be used when using automated electronic equipment

Step 12. Mandatory registration with the Pension Fund and Social Insurance Fund as an employer

After the appearance of hired employees, you need to register (simply, get a number in the system) the organization in the funds as an employer.

Before direct hiring and registration, there are several stages that are provided for by law, such as a medical examination, election to a position, or selection of an applicant for a position on a competitive basis, etc.

Step 1 . Honey. examination

Before an employee begins performing his duties, the employee must undergo a medical examination. This applies to the following categories of citizens:

1. Minors.

2. Persons starting work in trade, in the catering sector, as well as food industry workers, must undergo a medical examination first (before entering work) and repeat the procedure periodically (annually for workers under 21 years of age) without fail. .

Step 2. Civil contract

An individual can be hired only under a civil law or employment contract. A civil contract provides a number of advantages: contributions to the Social Insurance Fund are not mandatory, as are vacation pay and sick leave. But, this type of contract is provided only for the final result of labor, otherwise the contract will be recognized as an employment contract.

Step 3. Familiarization of the employee with job descriptions and other company standards

Job descriptions (optional)

Job descriptions are a list of employee responsibilities. Providing a job description is not necessary, but this step will help get rid of a number of problems and misunderstandings that arose between interested parties during the course of work.

Job descriptions are drawn up and signed in two copies, one copy for the employee, the other for the employer.

You can view and download job description samples in our special section.

Step 4. Conclusion of an employment contract in accordance with the staffing table

A convention agreed upon by an employer and his employee expressed in writing is called an employment contract. This agreement contains a list of rights and obligations that do not contradict the Labor Code of the Russian Federation, otherwise the agreement may be declared invalid.

In accordance with Article 67 of the Labor Code of the Russian Federation, an agreement has the right to exist only in writing, drawn up and signed by the parties in two copies. When concluding employment contracts with certain categories of citizens, labor legislation and other regulatory legal acts that set out the norms of labor law may provide for coordination of the likelihood of concluding employment contracts or contractual terms with certain bodies or persons who are not employers under these contracts. Or drawing up an agreement in more than two copies.

The employment contract must include certain information: mandatory conditions (Part 1 and Part 2 of Article 57 of the Labor Code of the Russian Federation), or additional conditions (Part 4 of Article 57 of the Labor Code of the Russian Federation).

An optional step is to draw up and sign a full MO agreement. But, at this stage, such an agreement can be very useful. It happens that such an agreement with an employee was not immediately concluded, and already in the process of work the employee often refuses to sign an agreement on full MO. The law does not provide for cases of resolving this situation, how to deal with a disobedient employee - force the employee to sign an agreement on full MO, or punish, or apply radical measures and fire. Lawyers, inspectors and judges have different opinions on this matter. In order not to find yourself in an unclear situation and not to prove and defend your position to someone, it is better to conclude a full MO agreement with the employee at the stage of registration and hiring. In this case, it is necessary to take into account the laws and conclude a contract only with certain employees.

The following positions must certainly be reflected in the employment contract:

1.You can specify a probationary period in the employment contract. In case of unsatisfactory performance, you can fire an unsuitable employee.

2. It is imperative to indicate the employee’s place of work with the designated structural unit in the employment contract.

3. In the employment contract, the employee’s responsibilities must be specified specifically and clearly, or job descriptions reflect the responsibilities.

4.The amount of wages must be specified in the employment contract.

5. There is a reflection of the employee’s rest and work schedule.

An employment contract is divided into several types: for a certain period (fixed-term agreement or contract), as well as for an indefinite period (most often used in practice). If, at the end of the contract, the employee continues to work at the enterprise, it is considered that the contract has been converted into an open-ended one. The employee must sign the employment contract in two copies. One is for the employee, and another copy is for the employer.

A sample employment contract for 2011 is available in our special section. An example of an employment contract form valid for 2011, a sample of which can be downloaded directly on this page.

If the working day is more or less a standard eight-hour day, then it is advisable to draw up a staffing table. In this situation, the employment contract states that wages are paid according to the staffing table.

Step 5. Concluding a liability agreement

An agreement on full individual training is not mandatory, but a desirable document when hiring an employee. The contract does not have a unified form, but there are established points that this document must contain

This agreement is drawn up primarily for employees of stores, warehouses, production points, and also often for ordinary office employees - in relation to office equipment. Concluding an agreement on full financial liability is also advisable when using money or other valuables in work. The agreement is signed in two copies, one copy - to the employee, the other - to the employer. You can download a sample Agreement for a complete individual MO in a special section of our website.

It is also important to note such a document as a trade secret agreement, which takes place in most of today's commercial organizations. This agreement is concluded at will; the parties sign not only the provision on trade secrets, but also an agreement on non-disclosure of trade secrets.

Step 6. The employee writes a job application

When applying for a job, the employee must draw up and sign an application. The application for employment is agreed upon by the applicant with the head of the structural unit of the enterprise in which he is hired, about which a corresponding written note (visa) is made on the application.

An application for employment must contain a resolution, as well as a mark on the execution of the document. If the job application is considered positively by the director of the company, then subsequent documentation of the applicant's hiring is carried out.

Step 7. Registration of the employment contract and the agreement on medical education in the book

Book of registration of employment contracts.

The employee who has received the MO and labor agreements signs for receipt in the registration book. If something happens, the employer will always be able to prove that the employee was given these documents in person.

Step 8. Publication of the employment order.

The employment order is signed after the conclusion of an employment contract by the employee and the employer. There are unified forms of orders for hiring, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004, form No. T-1 “order or order for employment” and approved form No. T-1a “on hiring employees”.

Used for registration and accounting of employees hired under an employment contract, and its content must exactly correspond to the conditions specified in the concluded employment contract. Ideally, the employment contract and the hiring order should not only not contradict each other, but should directly coincide.

To issue an order for employment (order for appointment to a position), Form N T-1 is used - for one employee, Form N T-1a - for a group of employees. Drawed up by the person responsible for hiring for all persons hired by the organization on the basis of a concluded employment contract.

When issuing an order (instruction) on the hiring of employees, the name of the structural unit, position (specialty, profession), the probationary period, if the employee is subject to a probationary period when hiring, shall be indicated, as well as the conditions of employment and the nature of the upcoming work (part-time, in procedure for transfer from another organization, to replace a temporarily absent employee, to perform certain work, etc.). When concluding an employment contract with employees for an indefinite period, the “to” column in the “Work period” details is not filled in.

The employee confirms that he has read the text of the order with a personal signature. According to current legislation, the employee is given three days from the date of actual start of work to familiarize himself with the order. After this, within 5 days from the date of start of work, the employer must make a record of hiring in the employee’s work book. Please note here: you should not rush to make this entry - it is better to wait until the employee actually goes to work, familiarize him with the order, and only after that make the appropriate entry in the work book. This is due to the fact that if an employee, having signed an employment contract, does not go to work within the agreed time frame, the organization can cancel the contract unilaterally (Article 61 of the Labor Code of the Russian Federation), but canceling an entry in the work book is more difficult.

Step 9. Reflection of the employment record in the work book.

A mark is also created in the work book. It is possible to simply accept the work book first, and then record the work. In accordance with Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers who are individuals but are not individual entrepreneurs) must keep work books separately for employees who have worked for him for five days or more, in the case where this work is the employee’s main income. The employer must issue a work book if the employee has not already had one. If, in addition to the main job, the employee also works in another job (part-time), then on the basis of documents confirming this fact, at the request of the employee, the information is reflected in the work book at the place of main earnings.

Step 10. Making an entry in the Book of the movement of work books.

It is necessary to reflect the information in the Book of Accounting for the movement of work books and inserts for these books, and we also fill out the Receipt and Expenditure Book for recording the forms of work books and inserts for these books. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 approved the forms of these documents. You can register personal cards of employees, for example, in the personal card register.

Step 11. Issuing a personal card for an employee

Each employee must have a personal card. Then, against signature on the personal card, it is necessary to familiarize each employee with the entries reflected in the card, as well as with the entries entered in the work book. There are unified forms approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. This is form No. T-2 “personal card”, form No. T-2GS(MS) “personal card of a state (municipal) employee”, as well as form No. T-4 “registration card of a scientific or scientific-pedagogical worker”. At this stage, it is only important to remember that the cards must be kept on paper, since they contain records about hiring, transfers, etc. The employee should be familiarized with signature.

Step 12. Registration of the employee’s personal file (optional)

Step 13. After registration: Registration with authorities

If an employer hires employees for the first time, he must register (within a certain time frame) as an employer with the following authorities:

1. To the pension fund, within 30 days.

2. You must register with the Social Insurance Fund within 10 days.

3.In the MHIF, up to 30 days.

Each new employment contract must be registered with:

1.Pension fund.

Refusal to register an employment contract for reasons of violation of labor legislation, low salary, or existing debt of the employer is not provided for by the legislation of the Russian Federation.

Medical insurance for an employee

For each employee, you need to obtain a medical insurance policy from the insurance company and hand it over to the employee. The employee, from March 1, 2011, must independently take out this policy.

Fines

Fines are assessed for incorrect registration, failure to register, or for failure to register in the relevant funds, in accordance with Article 5.27 Violation of labor and labor protection legislation (Code of the Russian Federation on Administrative Offences).

An individual entrepreneur is assessed a fine in the amount of one to five thousand rubles, or an administrative penalty (suspension of the entrepreneur’s activities for up to ninety days).

Organizations are assessed fines from thirty to fifty thousand rubles, or administrative punishment (suspension of the organization’s activities for up to ninety days).

Social contributions for employees and payroll taxes

The employer must pay personal income tax at a rate of 13% for each employee, and in addition to this, transfers are made from their income to the FFOMS, Pension Fund, Social Insurance Fund, and TFOMS. These deductions are calculated depending on the type of activity and the chosen tax regime.

In a small enterprise, an accountant often has to perform the duties of a personnel officer. Accordingly, the accountant is responsible for completing the entire heap of personnel documentation. This matter is very complicated. An accountant who does not have special training risks making a serious mistake, which in the future may result in a fine or even disqualification of the head of the organization. Today we will tell you how to avoid such mistakes when registering a new employee.

When going to work, take with you...

Let's start with the documents that the future employee must bring with him for registration. Their list is given in Article 65 of the Labor Code. It includes a passport, work book, state pension insurance certificate, military ID (or registration certificate) and a document on education, qualifications or special knowledge. That's basically it.

From this we derive the first rule: you cannot require from a future employee an application for employment, a certificate of assignment of a TIN, a document on registration at the place of residence (if you are registering as a citizen of the Russian Federation) and photographs. Accordingly, it is impossible to refuse employment to an employee if he does not have these documents. Moreover, indicating such requirements in organizational orders or in vacancies is in itself a violation. For this, on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the organization can be fined, and its leader can be disqualified.

The second rule is also based on Article 65 of the Labor Code. It lies in the fact that even the documents listed in it cannot be required from all employees. We are talking not only about a military ID, which, as you know, only those liable for military service have. Thus, a work book and a “pension” certificate can be requested only in cases where the employee has already worked in another organization. If an employee is hired for the first time, you will have to independently issue him a labor and pension certificate (Article 65 of the Labor Code of the Russian Federation). A future employee is required to provide documents on education only when the job description for the position for which he is being hired specifies clear requirements for qualifications, education or special knowledge.

The third rule is related to the formation of an employee’s personal file. Of the documents submitted by him, the employer can only keep the work book. Copies of the remaining documents must be made, certified with the seal of the organization and the signature of the person who accepted the documents. Moreover, in the case of a passport, copies are taken of all pages (by the way, information about place of residence, marriage and presence of children will be useful to the accountant not only when filling out personnel documents, but also for calculating personal income tax).

There is no need to rush into an agreement

So, all the necessary documents are available, and the applicant is ready to find a job. It would seem that everything is clear after that - you can draw up an employment contract. However, it is not. Before presenting an employment contract for study and signature, the employee should be familiarized with all local acts of the enterprise that relate to the organization of work. Such acts include provisions on bonuses, wages, vacations, labor protection; internal labor regulations, collective agreement, etc. This is the requirement of Article 68 of the Labor Code. Therefore, while you are making and certifying copies of the documents brought by the employee, give him all the necessary documents for study. The employee must confirm the fact of familiarization with each of them with a personal signature on the corresponding familiarization sheet (it is usually attached to the document itself, at the end), indicating the date and time of familiarization.

If this requirement is violated, then in the future the employee will not be able to make claims related to failure to fulfill the duties that are enshrined in these documents. Moreover, if an employee is not familiarized with labor safety rules, then in the event of an accident, the manager may even be brought to criminal liability (Article 143 of the Criminal Code of the Russian Federation). So you should not neglect the obligation to first familiarize the hired employee with local regulations.

Probation

After the person being accepted has put his signature on the sheets of familiarization with all local acts, you can begin to sign the employment contract. Here you need to pay attention to the probationary period clause, which is usually included in every employment contract. If the contract contains such a condition, it is necessary to check whether the employee being hired is not included in the list of persons for whom a probationary period cannot be established.
In accordance with Article 70 of the Labor Code, the period is not established for minors, pregnant women and women with children under the age of one and a half years. Information about the employee’s age and the age of the children is taken from the passport. But the employee must submit a pregnancy certificate herself. If at the time of signing the contract the certificate was not presented, then the probationary period is considered legally established.

In addition, it is impossible to establish a probationary period for graduates of educational institutions. But this ban does not apply to all graduates. So, in order not to be subject to testing when applying for a job, a graduate must, firstly, graduate from an educational institution that has state accreditation (it is confirmed by a state-issued diploma). Secondly, no more than a year should pass from the date of issuance of the diploma. Thirdly, the employee must go to work in the specialty specified in the diploma. And fourthly, his work book should not contain a record that he has already worked in this specialty.

If at least one of these four conditions is not met, the graduate being hired can be placed on a probationary period. Please note: the probationary condition is fixed in the employment contract precisely at its conclusion. It is no longer possible to introduce such a condition later (Article 70 of the Labor Code of the Russian Federation).

Let us note another important point related to the probationary period. It is strictly forbidden to set an employee’s salary during the probationary period lower than that provided for in the staffing schedule (Part 3 of Article 70 of the Labor Code of the Russian Federation). It is also unacceptable to introduce acts into the organization according to which employees during the probationary period are not awarded bonuses or other incentive payments. All this constitutes discrimination against employees and entails administrative liability up to and including disqualification of the manager (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Order, book and card

Based on the signed employment contract, an order for hiring an employee must be issued. This order is drawn up according to the unified form No. T-1 (approved by Decree of the State Statistics Committee of the Russian Federation dated 01/05/04 No. 1), so there are usually no difficulties in filling it out. The main condition here is full compliance of the order with the contract (Article 68 of the Labor Code of the Russian Federation). The employee must confirm the fact of familiarization with the order with a personal signature. In this case, familiarization with the order is carried out within three days from the date of actual start of work.

And within 5 days from the date of start of work, the employer must make an entry about hiring in the employee’s work book. Moreover, there is no need to rush to make this entry - you need to wait until the employee actually goes to work, familiarize him with the order, and only then make an entry in the work book. Here's the thing. If an employee, having signed an employment contract, does not return to work within the agreed time frame, the organization can cancel the contract unilaterally (Article 61 of the Labor Code of the Russian Federation). But what to do with the work book, if it already contains a record of employment, the Code is silent. That is why it is better to strictly follow the procedure and make an entry for employment only after the employee has actually started work and is familiar with the order.

Well, the final stage of registering an employee’s appointment is filling out a personal card for the new employee. The form of the card is also unified (T-2, approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1), which minimizes difficulties with its registration. Here you only need to remember that the cards must be kept on paper, since they contain records about hiring, transfers, etc. The employee should be familiarized with signature.