What personnel orders should be in the enterprise. What internal documents should the organization have
Labor legislation requires drafting sufficient a large number personnel documents, the full list of which will depend on the organization of work of employees in your company or individual entrepreneur, as well as industry activities. In the table below, we offer the most general list of mandatory personnel documents that must be available.
I. Documentation on the personnel of employees |
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1. Administrative documents |
Order (instruction) on hiring an employee (s) for work (Forms T-1, T-1a) |
Order (instruction) on the transfer of the employee (s) to another job (Forms T-5, T-5a) |
Order (instruction) on the termination (termination) of the employment contract with the employee (s) (dismissal) (Forms T-8, T-8a) |
Order (instruction) on the promotion of the employee (s) (Forms T-11, T-11a) |
Order (instruction) on granting leave to the employee (s) (Forms T-6, T-6a) |
Order (instruction) to send the employee (s) on a business trip (Forms T-9, T-9a) |
2. Documents confirming labor activity |
Employment books |
Employment contracts and agreements to them |
3. Information and settlement documents |
Employee's personal card (Form T-2) |
Time sheet (Form T-13) |
Staffing (Form T-3) |
Vacation schedule (Form T-7) |
Payroll (Form T-51) and Payroll (Form T-53) or Payroll (Form T-49) |
Note-calculation on granting leave to an employee (Form T-60) |
Note-calculation upon termination (termination) of an employment contract with an employee (dismissal) (Form T-61) |
pay slips for employees |
Leaves of temporary disability |
Written notifications by the employer of employees about the start time of the vacation |
Notifications to employees (on the expiration of the term of the employment contract, on the termination of the employment contract within probationary period, about the upcoming dismissal due to the liquidation or reduction of staff, etc.) and confirmation of receipt of such notifications |
Travel documents: Travel certificates of employees (Form T-10) Job assignment for sending on a business trip and a report on its implementation (Form T-11) |
4. Internal business correspondence |
These are personal statements of employees on granting vacation, on postponing vacation time, on dismissal, on hiring, other types of applications and other correspondence with employees that are taken into account in personnel records management. |
II. Internal regulations according to work |
Rules of the internal work schedule |
Regulations on wages |
Regulations on bonuses |
Regulation on the protection of personal data of employees |
Job descriptions of employees |
Agreements on full liability |
Trade secret regulation |
List of information constituting trade secret |
III. Journals and books of accounting and registration of personnel documents |
Book of accounting of work books and inserts to them |
The book of registration of sheets of temporary disability |
Journals for familiarizing employees with internal local regulations |
Registration book employment contracts |
Book of registration of personnel orders |
Book of registration of travel certificates |
The book of registration of service tasks for sending on a business trip and reports on their implementation |
Register of inspections of regulatory authorities |
Department personnel records offers you the preparation of all necessary personnel documents in accordance with the requirements labor law. To find out the cost of personnel services for your organization or individual entrepreneur, contact our personnel specialist who will prepare you a profitable commercial offer!
HR documentation serves as a reflection labor relations between employer and employees. Its main and most common types will be listed in the article.
What is HR management?
Personnel records management is understood as the organization of the procedure for the formation of documents regulating labor relations in the company. Personnel records management can be handled by one person, if the company's staff is small, or by a whole department personnel specialists in large companies.
HR documentation in the company consists of:
- forms of unified forms;
- regulations and instructions developed by the company itself.
All personnel documentation endorsed by the head of the company or an authorized employee.
What are the HR documents?
All personnel documentation can be divided into two groups:
Group 1: documents that regulate the relationship between the employer and each employee individually.
Group 2: documentation reflecting labor relations in general throughout the company.
The first group includes the following personnel documentation:
- employment order (T-1);
- contract with an employee (TD-1);
- work book (Decree of the Government of the Russian Federation "On work books" dated April 16, 2003 No. 225);
- employee's personal card (T-2);
- transfer documents (T-5);
- leave order (T-6);
- dismissal order (T-8);
- order to send an employee on a business trip (T-9);
- travel certificate (T-10);
- official assignment (T-10A);
- an administrative document indicating the promotion of an employee (T-11).
The second group includes:
- Vacation schedule (T-7).
- Staffing (T-3).
- Order on the dismissal of several employees (T-8a).
- Order on secondment of workers (T-9a).
- Order on the promotion of employees (T-11A).
- Time sheet (T-12)
- The document on the basis of which the control of the number of hours worked and the calculation of the RFP (T-13) is carried out.
- Journal of checks of military registration of citizens.
- Order on the organization of military registration.
- Internal provisions:
- collective agreement;
- position on labor protection;
- bonus provision;
- inner order rules;
- travel regulations;
- trade secret regulation;
- position on wages;
- regulation on the use of personal transport for official purposes;
- other.
For the storage of personnel documents, see the material .
What of the personnel documentation must be available?
In any company, documents that reflect:
- movement of personnel: hiring, transfer to another position, dismissal;
- hours worked: accounting of hours worked, business trips, vacations.
- employee income: salary, bonuses;
- general information about employees: their number and positions;
- binding rules within the company.
Important! From 01/08/2015, the travel certificate and assignment were removed from the list of mandatory documents (Decree of the Government of the Russian Federation of 12/29/2014 No. 1595).
It should be noted that depending on the specifics of the company and the work of a particular employee, the list of required documents may vary. Let's look at examples.
Example 1 In the company, some employees use their own car to perform official tasks. Therefore, the organization should issue a regulation that will regulate the procedure for compensation for the use of personal transport by an employee.
Example 2 . The contract with each employee provides for the procedure for paying bonuses. Thus, the company does not need to form a provision on bonuses.
Who oversees HR management?
The State Labor Inspectorate is recognized as the main body responsible for control activities in personnel records management.
In addition to control activities, the inspection performs the following functions:
- protection of labor rights of employees;
- notification of companies and their employees about the best ways to comply with the Labor Code of the Russian Federation;
- informing the competent authorities about the identified violations.
Starting the inspection, the supervisory authority requests all personnel documentation, on the basis of which he assesses the compliance of personnel records with current labor legislation. Finding any deviations from the norm, holds the employer accountable.
The Labor Code of the Russian Federation provides the following types liability for violation of the law:
- disciplinary (Article 192 of the Labor Code of the Russian Federation);
- administrative (Art. 5.7, 5.27-5.34, 5.39 of the Code of Administrative Offenses of the Russian Federation);
- criminal (Art. 143, 145, 145.1, 146, 147, 215, 216, 217 of the Criminal Code of the Russian Federation);
- civil law (Articles 15, 151 and Chapter 59 of the Civil Code of the Russian Federation).
It should be noted that, in addition to labor inspectorate, personnel documentation has the right to request:
- tax authorities during field audits;
- military registration and enlistment office in order to control the maintenance of military records.
How is a job appraisal done?
The competence of the labor inspectorate also includes the identification of inconsistencies in the organization of workplaces with existing standards. This procedure is based on the results special evaluation. All employers must carry out a special assessment. Its procedure is regulated by the law of December 28, 2013 No. 426-FZ.
Important! There is no need to conduct a special assessment for employees who carry out their work remotely or at home (clause 3, article 2 of Law No. 426-FZ).
A third-party company is hired to conduct a special assessment. Before starting the procedure, she analyzes personnel documentation: labor contracts, staffing, regulations on labor protection and others. The procedure is carried out every 5 years, but there are cases of unscheduled inspections (Article 17 of Law No. 426-FZ).
Documents that are generated during the assessment include:
- an order to conduct a special assessment, indicating the beginning of the audit;
- an order to approve the schedule of the conduct, regulating the sequence;
- declaration of compliance with working conditions, reflecting compliance with the standards;
- report with results.
Responsibility for failure to conduct an assessment is provided for under Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation: on officials and individual entrepreneurs are fined 5,000-10,000 rubles, for companies - 60,000-80,000 rubles.
For payment of contributions based on the results of a special assessment, see the material .
Are all companies required to maintain military records?
According to sub. 6 p. 1 art. eight federal law"On Defense" dated May 31, 1996 No. 61-FZ, all companies are required to keep military records. The main purpose of this accounting is the collection, storage and transfer to the military registration and enlistment office of information about conscripted employees.
Important! Individual entrepreneurs are not required to keep military records (clause 6, article 1 of the law “On military duty and military service” dated March 28, 1998 No. 53-FZ).
The specialist responsible for military registration is appointed by the head of the company. To maintain military records can be involved as new employee, and already working, with whom a contract is drawn up for combining positions. The number of specialists who keep this record depends on the number of employees liable for military service (clause 12 of the Decree of the Government of the Russian Federation “On approval of the Regulations on military registration” dated November 27, 2006 No. 719).
During military registration importance have the following documents:
- order on the organization of military registration;
- log of military registration checks;
- personal card T-2.
On the procedure for entering information about a military ID in T-2, see the material .
Checking the maintenance of military records is carried out every three years with a number of up to 500 people. If the staff is more than the specified number, then the control should be carried out once a year (clause 3 of Appendix 1 of the Guidelines for maintaining military records in organizations).
Responsibility for violation in the order of military registration is provided for in Art. 21.1-21.4 of the Code of Administrative Offenses of the Russian Federation. For example, if the employer did not submit a list of those liable for military service, liability arises in the form of a fine in the amount of 300-1,000 rubles, and if the employee did not inform the employee about his call to the military registration and enlistment office - 500-1000 rubles.
Results
Each employer must ensure that the personnel documentation. Timely and correctly executed documents allow you to avoid liability for violation of labor laws.
Personnel workers in the course of their activities develop, draw up, draw up various documents: local regulations of the employer, contracts (labor, full liability, etc.) and agreements with employees, orders, notifications, proposals, acts, certificates, magazines. They work with other documents as well.
Can be distinguished three groups of documents :
- mandatory - documents in respect of which the law establishes the requirement that the employer must have them, that they must be accepted, concluded, executed, signed (these documents, in case of verification, are especially carefully studied by employees of state labor inspectorates),
- documents that become mandatory under certain circumstances,
- optional documents.
In the list of required documents, we will also provide some accounting documents that are mentioned in labor legislation, are required during inspections by the State Labor Inspectorate, for the preparation and execution of which personnel workers are often involved.
If your company is a micro-enterprise, then according to 309.2 Labor Code RF some documents you can not draw up:
"The employer is a small business entity, which is classified as a micro-enterprise, has the right to refuse in whole or in part from the adoption of local regulations containing norms labor law(rules of internal labor regulations, regulation on remuneration, regulation on bonuses, shift schedule and others). At the same time, in order to regulate labor relations and other relations directly related to them, an employer - a small business entity, which is classified as a micro-enterprise, must include in labor contracts with employees conditions regulating issues that, in accordance with labor legislation and other regulatory legal acts containing norms labor law, should be regulated by local regulations..."
Employer compliance with labor laws, personnel documents can be checked State Inspectorate by labor.
The enterprise also maintains a register of inspections of a legal entity, an individual entrepreneur, carried out by authorities state control(supervision), municipal control bodies. According to paragraph 8 of Art. 16 of the Federal Law of December 26, 2008 N 294-FZ (in latest edition) "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" legal entities, individual entrepreneurs has the right to keep a log of inspections on standard form established federal body executive power authorized by the government Russian Federation. The form of this journal was approved by the Order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 N 141. This journal reflects, along with other inspections in the company, inspections of labor inspectorates.
When checking the State Labor Inspectorate, the employer may also be required to have his constituent documents.
The above list of documents cannot be called exhaustive - under certain circumstances, other documents may also become mandatory.
- Book of accounting for the movement of work books and inserts in them, You can order an income-expenditure book for accounting for work book forms and an insert in it and other accounting and registration journals here >>
Optional Documents
The required documents are job descriptions, local regulations on structural divisions, some memos, some types of accounting journals, etc.
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According to the rules for hiring workers, the applicant must collect a certain package of documents. Some of them are mandatory and will be required in any company. Others are generally not required, but a particular organization may require them to be provided, depending on the type of activity.
We collect documents for applying for a job
Article 65 of the Labor Code of the Russian Federation establishes a list of documents that may be requested when applying for a job.
1. Passport or other document to verify the applicant's identity.
2. Employment history. It is not required to present in the following cases:
- job seeker for the first time. In this case employment history issued by the employer;
- the work book is lost or damaged - a new job applicant is issued upon his application (indicating the reason for the absence of a work book);
- in the event that the employee enters a part-time job.
After the termination of the employment relationship, the work book is issued to the employee.
3. Insurance certificate of state pension insurance ( SNILS). If the applicant gets a job for the first time, then SNILS is issued by the employer.
4. Military ID or other document military registration (for example, registration certificate). Mandatory for persons liable for military service and persons subject to conscription for military service.
5. Education document(diploma, evaluation sheet may be required). It is required to confirm the qualifications of the applicant and the availability of education for the position for which he is applying.
For some professions, such as a truck crane driver, slinger, excavator driver, etc., it is also necessary to have a certificate of training in the relevant profession, confirming his qualifications. Such employees must undergo annual recertification (most often in the same employer organization), which is indicated in the certificate with a corresponding note.
For drivers (as well as for drivers of truck cranes and excavators) a driver's license is required for the right to drive the type of transport on which it will work.
6. Certificate of presence or absence of a criminal record. Required when applying for a job, which, in accordance with the legislation of the Russian Federation, is not allowed for persons with a criminal record or subject to criminal prosecution.
7. Medical certificate in the form 086 / y. Some activities may be associated with an increased risk to human health (for example, hiring medical staff). In such cases, a medical certificate is required, which indicates the presence or absence of contraindications to the implementation of any activity. Also, a medical certificate is required for minors, because. if there are any health problems, the doctor may prohibit the teenager from doing a certain type of work (for example, if you have vision problems, working with a computer is not allowed). When hiring in the conditions of the Far North from other regions, a conclusion is required that there are no contraindications for working and living in these conditions
Compulsory for getting a job (even if applying for a job) temporary worker) is only the presence of a passport, so employment without a passport is not allowed. All other documents are required to be provided only under certain conditions.
Not listed, but employer requires
Despite the fact that the law expressly prohibits requiring additional documents from the applicant that are not provided for by law, the algorithm for hiring an employee may well provide for the following documents:
1. Application for a job. Written by an employee in the process of applying for a job. It is attached to the personal file of the employee, which is started by the employer.
2. Photo 3x4 (3 pcs.). Photos are required for the personal file of the employee, issuing a pass. They may also be required for filing to the employee's personal card in the T-2 form.
3. Certificate of registration with the tax authority ( TIN).
4. income statement according to the form 2-NDFL. Such a certificate is provided if the candidate changes jobs. It is beneficial for him to present it, because. in the case of sick leave, earnings at the previous place of work will be taken into account. Consequently, the amount of sick leave payments can be increased if the worker's length of service in a new place is minimal.
5. Characteristic from a previous job. It is better for the applicant to have such a characteristic with him, because. this increases his chances of getting a job and achieving better conditions.
6. The employer may require documents about marital status employee (marriage certificate, birth certificate in the presence of children, certificate of disability of close relatives, etc.). According to these documents, the employee may be provided with additional benefits. For example, an employee with many children is granted leave at any time of the year at his request. It is also possible to provide financial assistance by the employer.
7. Out-of-town workers may be required to registration at the place of temporary residence.
8. For class municipal service The legislation of the Russian Federation requires the provision of the following information:
- about the expenses of the employee, his property and property obligations. The same information is submitted about the spouse of the employee and his minor children;
- income for the year prior to employment.
Providing these documents is not mandatory, but they can increase the candidate's chances of obtaining the desired position.
Employment of a foreign worker
For the employment of a foreign citizen, it is necessary that he had a work permit issued by the Federal Migration Service at the place of residence. At the same time, a foreigner is expressly prohibited by law (No. 115-FZ "On legal status foreign citizens") to work outside the subject of the Russian Federation in which he has a temporary residence permit.
Otherwise, the list of documents provided for by the regulations for hiring an employee from another state coincides with the list for citizens of the Russian Federation.
Whether to collect all these documents?
Summing up, we can conclude that the easiest way to get a job will be for a citizen of the Russian Federation, who gets a job for the first time. In this case, the hiring of an employee is issued with only a passport and / or, in some cases, a document on education, military registration and a medical certificate. The remaining documents (work book, SNILS) will be issued by the employer.
However, when applying for a job, it is better to collect the most complete package of documents. This will increase your chances of getting a job. The applicant will be able to apply for Better conditions labor (for example, higher wages).
If the employer is interested in attracting and retaining highly qualified employees, then, on the basis of some documents, he can provide the employee with certain benefits or pay him compensation.
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The composition and content of personnel documentation, the main documents regulating personnel management, as the basis of personnel discipline
HR documentation - a set of forms (documents) reflecting the presence and movement of labor resources.
The main function of personnel documentation it is the formalization and consolidation of labor relations.
Article 15 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) establishes a general definition of the concept of "labor relations" used in labor legislation:
"Labor Relations - relations based on an agreement between the employee and the employer on the personal performance by the employee of a labor function for payment (work according to the position in accordance with the staff list, profession, specialty indicating qualifications; the specific type of work assigned to the employee), subordination of the employee to the rules of internal labor regulations while ensuring the employer of the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract.
In accordance with the state standard, the concept "document" is defined as information recorded in any way on any material, published or received by any person or legal entity, in any organization for use in their activities.
Information presented in the form of a document forms the basis of management. Information is recorded in documents that give it an organizational form and move in time and space. Documents and documented information are the material embodiment of management decisions, give them legal force.
It can be concluded that the concepts of "management", "office work", "personnel office work", "document" are organically interconnected.
HR records management - this is a concept that implies the organization of work with documents that relate to personnel issues
HR records management - This is a branch of activity that documents labor relations. Personnel documentation records information about the availability and movement of personnel, as a result, all personnel procedures become documented (for example, admission, transfer, promotion, disciplinary action, business trip, vacation, dismissal, etc.).
By target affiliation distinguish two large groups personnel documents:
1. Documents on accounting of personnel of employees which include orders:
about hiring,
About transferring to another job,
About granting leave
about dismissal,
Personal card of the employee and others.
The main part of the documents on personnel was included in the unified forms of primary accounting documentation for accounting for labor and its payment, approved by the Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment "".
2. The second group consists of documents related to the implementation of functions for personnel management and labor organization:
Internal labor regulations,
Regulations on the structural unit,
job descriptions,
Structure and staffing,
Staff schedule.
In the "All-Russian classifier of management documentation" OK 011-93, approved by the Decree of the State Standard of the Russian Federation dated December 30, 1993 No. 299 (hereinafter OKUD), these documents are called "documentation on the organizational and regulatory regulation of the activities of an organization, enterprise."
In addition, the developers of the above classifier apply another principle for systematizing personnel documentation, namely on basic personnel procedures There are the following types of personnel documents:
1. Recruitment documentation:
Application for a job;
Appointment contract;
The order of acceptance to work;
Protocol general meeting labor collective about hiring.
2. Documentation for the transfer to another job:
Application for transfer to another job;
Representation of transfer to another job;
Order for transfer to another job.
3. Retirement documentation :
resignation letter;
dismissal order;
Minutes of the general meeting of the labor collective on dismissal.
4. Documentation for registration of holidays :
Vacation schedule;
leave application;
Leave order.
5. Incentive documentation :
Reward presentation;
promotion order;
Minutes of the general meeting of the labor collective on encouragement.
6. Documentation on registration of disciplinary sanctions :
Memorandum on violation of labor discipline;
Explanatory note on violation of labor discipline;
Order to impose a disciplinary sanction;
Minutes of the general meeting of the labor collective on the imposition of a disciplinary sanction.
Based on the main management tasks, a set of personnel documents can also be represented as a system that includes the following groups (subsystems) of documents related by the unity of origin and differing in their functional purpose:
1. Organizational and legal documentation:
Internal labor regulations;
staffing;
Regulations on structural unit;
Vacation schedule;
Job instructions.
2. Personal documentation :
Employment history;
Private bussiness;
Employee's personal card.
3. Contract Documentation :
Collective agreement (agreement);
Labor contract.
4. Administrative documentation :
Personnel orders.
5. Accounting personnel documentation :
Accounting forms (books, magazines, etc.) of personnel documentation;
Documentation on accounting of working hours and settlements with personnel;
6. Information and reference documentation .
Contents of documents personnel service in reality, it is much broader, it includes correspondence with other third-party organizations, regulatory organizations, reporting, planning documentation, as well as a significant amount of regulatory and reference documentation.
Regulatory and reference documentation regulates the uniform practice of applying the rules of law and is the legal basis for the activities of the personnel service.
We list the main legal and regulatory acts:
1. Federal level :
the Constitution of the Russian Federation;
Labor Code of the Russian Federation;
Federal Law of October 22, 2004 No. 125-FZ "On Archiving in the Russian Federation";
Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection";
Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation";
Decree of the Government of the Russian Federation of April 16, 2003 No. 225 "On work books";
Decree of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 “On approval of instructions for filling out work books”;
Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment";
- "Basic rules for the work of archives of organizations", approved by the decision of the Collegium of the Federal Archives of February 6, 2002;
Order of the Main Archival Administration of the USSR dated May 25, 1988 No. 33 “State system of documentary support for management. Basic provisions. General requirements for documents and documentation support services”;
OKUD (“All-Russian classifier of management documentation” OK 011-93, approved by the Decree of the State Standard of the Russian Federation of December 30, 1993 No. 299);
Decree of the State Standard of the Russian Federation dated March 3, 2003 No. 65-st “On the adoption and implementation of the state standard of the Russian Federation” along with the “Unified Documentation System. Unified system of organizational and administrative documentation. Documentation requirements. GOST R 6.30-2003” (hereinafter GOST R 6.30-2003);
GOST R 51141-98;
GOST 17914-72 Covers of files with long shelf life. Types, varieties, technical requirements” (introduced by the Decree of the State Committee of Standards of the USSR dated July 17, 1972 No. 1411);
Order of the Ministry of Culture of the Russian Federation dated November 8, 2005 No. 536 "On the standard instruction for office work in federal executive bodies";
- "List of standard management documents generated in the activities of organizations, with an indication of their storage periods", approved by the Federal Archives on October 6, 2000;
Decree of the State Standard of the Russian Federation dated December 26, 1994 No. 367 “On the adoption and implementation of the all-Russian classifier of professions for workers, positions of employees and wage categories OK-016-94” (hereinafter OKPDTR);
- « All-Russian classifier classes. OK 010-93, approved by the Decree of the State Standard of the Russian Federation dated December 30, 1993 No. 298;
- « Qualification guide positions of managers, specialists and other employees”, approved by the Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37;
Decree of the Ministry of Labor of the Russian Federation dated February 9, 2004 No. 9 “On approval of the procedure for applying the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees”;
Issues of the Unified Tariff and Qualification Directory of Works and Professions of Workers (ETKS) for various industries economy approved by the Ministry of Labor of the Russian Federation;
Qualification requirements for employees and nomenclature of specialties approved by the Ministry of Health and social development of the Russian Federation in the area referred to the competence of the Ministry of Health and Social Development of the Russian Federation.
2. Regulatory legal acts of the constituent entities of the Russian Federation .
3. Local regulations:
Internal labor regulations;
Collective agreement;
staffing;
Position on job description;
Regulations on the protection of personal data of employees;
Regulation on wages;
Regulations on structural divisions and others.
I would like to note that the system update legal relations in society leads to updating the content and composition of personnel documents, for example, in accordance with the current Labor Code of the Russian Federation, the basis for the emergence of labor relations is an employment contract, and not the traditional order of the employer on employment. It is the employment contract that is the basis for issuing an order for employment, and not a personal statement of the employee, as some employers still believe.