On what basis is an employment order issued?
The future employee must confirm his desire to work by drawing up and submitting a form such as a job application to the HR department. He must attach documents for employment to it.
At the same time, the current standards do not define an application for admission as a document serving as the basis for issuing an order from management. This document can only be provided for by local regulations, therefore the rules for drafting are established by these same documents.
To initiate the registration of an employee for work, the administration must first draw up an employment agreement with him. The law establishes the mandatory conclusion of an employment contract, although only written form is provided for it.
Therefore, an order in form T-1 should be issued only after the parties to the labor relationship have signed the contract.
Therefore, the form on the basis of which the administration’s hiring order is drawn up is, first of all, the contract signed with the new employee. Important: there is no strict deadline for issuing an order to register an employee for work.
However, the period during which this order must be presented to the employee for review is established by law. It is equal to three days. In addition, the unified T-1 form may contain links to other documents, which may additionally serve as the basis for issuing an order for employment.
Drawing up an employment order
The rules for drawing up an employment order are simple, but it is very important to draw it up correctly. Since 2020, changes to the Code of Administrative Offenses of the Russian Federation have tightened liability for violations of this part of labor legislation. The fine imposed on the manager can reach one hundred thousand rubles.
https://youtu.be/W15VwRgDC0c
We also contacted our specialist E. Smirnov regarding the preparation of the document.
— Evgeniy, the most popular question: what to write in the order regarding the conditions of employment and the nature of the work?
There aren't many options here:
- Main and part-time. In the second case, you should indicate the length of the working week and payment proportional to the time spent.
- Permanent or temporary. If the deadline for registration is not specified in the employment contract, then it cannot be in the order either, and the employment is considered permanent. The wording “no deadline” or “permanent” is considered unnecessary - a dash or just an empty space is enough.
- When concluding an urgent TD, the following options are possible: a specific date for termination of the employment relationship, or conditions (for example, before the employee returns from maternity leave).
The nature of the job may have features that need to be listed. For example, indicate the regional coefficient, which is not included in the salary, but affects the amount of monthly remuneration.
— Who should sign the employment order?
As a rule, this is the head of the organization. In case of his absence, the orders are signed by And. o., in turn appointed by order. The option of legally competent actions under an issued power of attorney is also possible. In all these cases, the order is considered legal.
— Who signs the order to hire the general director?
Most often, this document is drawn up in the form of an order, but it can also be titled as an order. Depending on the form of ownership, it is signed by the heads of a higher authority (for state and budgetary organizations) or the founders of a private company (a collective decision is possible with reference to the minutes of the meeting of the board of the governing body).
— What to write in an order for admission to a structural unit?
This paragraph is included in the text of the order only in case of employment in a specific workshop, division, department, branch, etc. If the enterprise is small, this clarifying information can be dispensed with.
— Are personnel orders stamped?
Currently this is not necessary. A seal may be necessary if an employee asks to prepare an extract from the order of his employment for use outside the organization (for example, for presentation at a bank). For the same reasons, a copy of the order for employment under a fixed-term employment contract may be issued. The copy can be certified with the seal of the HR department or organization.
— When is the work book filled out?
An entry for employment is made in the work book after the order is issued, but no later than five days after the start of work. Stamps are affixed upon dismissal.
— How are personnel orders registered?
Data about the document is entered into the registration journal containing the following columns:
- No.;
- date and entry number;
- date of order;
- Full name of the employee;
- job title;
- details of the employment contract (number and date);
- duration of the probationary period;
- responsible person.
— Is it possible to hire on a weekend?
Such cases do occur, although not often. There is nothing illegal about this. For example, the manager imposed a resolution on a job application: “Enroll on staff from January 1, 2020.” The date is determined by the employment contract, and no restrictions are provided for in Articles 56, 57, 111 and 113 of the Labor Code. However, you should remember that the dates of admission and return to work may differ. Signing such an order could be a good holiday gift.
— And the last question for today. How can the 1C program make placing an order easier?
1C accounting is a universal tool, the use of which simplifies not only accounting, but also document circulation. In particular, creating an order to hire an employee includes the following operations:
- Creating a new document. Options “HR”, then “Hiring” and “Add”.
- Entering the details of the organization (one-time, with preservation for all subsequent orders).
- Filling out employee data through the “Employees of the Organization” directory. Personal information is entered and saved with the “OK” button.
- Filling out the columns for the date of admission, department, position and method of formation.
- Indications of the type of calculation.
The data can be filled out online and then printed out using the “Form P-1” button.
Difficulties may arise when drawing up the first order. Then automation of the process bears fruit.
https://youtu.be/sVEH4u18vbs
How to write a job application: sample 2020
In most cases, business entities try to use unified forms to formalize the hiring of employees. In addition, there is a T-1a form, which allows you to issue an order to hire several employees at once. The structure of this order is a table.
The employer can use orders prepared on company letterhead, where their content is reflected in free form. The main requirement in this case is that the order contains the mandatory details required by law.
The name of the business entity must appear at the top of this order. This may be the name of the organization or a full indication of the entrepreneur’s personal data. Below is the registration code assigned to the subject by Rosstat (OKPO).
Next, indicate the registration number of the document. It may have continuous numbering, which applies to the enterprise as a whole. Or, a nomenclature specifically provided for these purposes may apply to personnel. In the latter case, the number may contain a specific letter.
The personnel officer must enter the assigned number for the order in the appropriate register - the order book. This document will be identified under it for the entire validity period.
Further, the order indicates the date from which the new employee is accepted into the company.
An employment agreement with an employee can be concluded for a specific period (for example, seasonal work). In this case, the date of dismissal is immediately indicated in the order.
In addition, if the signed employment agreement was urgent, then changes must be made to the order form - a column must be provided where it will be indicated in detail under what conditions the employment contract will automatically be considered terminated.
Attention: it is possible that the date on which the hiring order was issued will not coincide with the day from which the new employee must begin performing his duties. You just need to follow the rule - this date cannot be earlier than the day on which the employee signed an employment agreement with the employer.
Further, the order reflects data about the new employee - his full name, assigned personnel number, job title and department to which he will be assigned.
Data is entered in the line “Conditions of employment” in a situation where the work environment in which the employee will find himself differs from those generally established in the organization.
These include, for example, performing duties on a part-time basis, part-time and similar features. If the working conditions do not differ from the conditions of other employees, then there is no need to fill out this line.
In the following columns, which are located on the form, you need to enter data on the established salary, as well as possible bonuses for labor. The latter are indicated in the document only in the situation where they are specified in the employment agreement.
Next, enter information about the assignment of the test to the employee. Here it is necessary to remember that the law establishes several categories of citizens for whom testing is prohibited. In addition, information about the test must be written down in the employment contract - otherwise this line will be considered invalid.
The next line indicates the details of the employment agreement concluded between the parties - its date and number.
The executed order must be signed by the head of the company or individual entrepreneur. Next, the form must be given to the new employee himself, who must read its contents and sign that he has read it.
Design nuances
Hiring an individual entrepreneur
If an individual entrepreneur gets a job, the order for his acceptance will be slightly different from the standard one. It will not contain the OKPO code and the name of the structural unit. Usually in this case we are talking about temporary employment.
Employment with a probationary period
Some employees are hired on a probationary period. The presence of such a condition is stipulated when signing the TD. But if such a condition exists, it must be specified in the employment order.
Work at 0.5 rate
Usually a person is hired part-time when it comes to part-time work. It can be internal or external.
Note! The order does not mention acceptance at 0.5 rates. The document will record the amount of the salary, but its amount cannot be more than half the rate according to the staffing table.
Hiring a part-time worker
The hiring procedure in this case is no different from the previous one. Sometimes a person is hired as a temporary replacement for an absent employee. For example, an employee is on leave to care for her child.
The column indicating the end date of work in this organization is not filled in, since an absent employee can return to his workplace at any time convenient for him.
Employment of a convicted person
A convicted person is hired on the same principle as other citizens. He is also required to provide a package of specific documentation, to which is added an order to appear for work issued by the penal inspection. A fixed-term contract cannot be concluded with a convicted person, since there are no such grounds in the Labor Code of the Russian Federation.
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Order for employment by transfer
When a person gets a job for transfer from another legal entity to a new employer, an order is issued in the T-1 form. At the previous job, a dismissal order will be drawn up, and at the new job, a hiring order will be drawn up. When transferring within an enterprise, an order is drawn up using form T-5.
Director's employment
When it comes to hiring new employees, the order is signed by the head of the enterprise. But if a new general director is hired, the document is signed by the chairman of the meeting of company owners. The fact that, for example, one of the owners becomes a director does not matter.
If the company has one owner, and he gets a job as a general manager. director, he personally signs the employment order, indicating himself as the sole founder of the company.
Driver employment
Citizens who get a job as a driver are hired into a garage or motor transport division of an enterprise.
Employment of a minor
When a child under 14 years of age is hired, it is not the potential employee himself who gets acquainted with the employment order, but his mother or father. If a minor child is over 14 years old, he has the right to independently sign employment documents.
Employment of an accountant
When hiring an employee for the position of accountant, an order is issued using a separate form - T-1.
Employment for industrial practice
If a student gets a job (for industrial practice), the employment procedure is carried out on the basis of civil law or TD. If a student is accepted for a vacant position, then a TD is concluded.
Employment of a foreign citizen
Employment of foreign citizens has certain nuances. The first thing we are talking about is additional documents.
In addition, an employer, when hiring a citizen of another state, is obliged to inform the Federal Migration Service of Russia about this.
An order to hire a foreigner is drawn up on the same form as in the case of hiring a citizen of the Russian Federation.
Watch the video. How to issue a job order:
https://youtu.be/vG6BEE4El3Y
What documents need to be submitted along with the order?
When an order is drawn up in form T-1, you need to enter information into many documents of the enterprise:
- Book of orders - in it it is necessary to register the issued order, its details are indicated;
- Work book - based on the issued order, a line about employment is entered into this document. The wording in the book must completely repeat the data from the order.
- Personal card - this form is opened for each employee at the time of his admission and is maintained until his dismissal. You can use the standard T-2 form, or develop your own.
- A personal file is a special folder where copies of all documents relating to the employee are entered. Personal files must be maintained in state and municipal institutions. In commercial organizations this is done at will.
- Information about the employment of a person liable for military service - if a new employee belongs to this category, the person responsible for military registration at the enterprise must draw up a notification and submit it to the city military registration and enlistment office.
Is it possible to cancel an order?
The Labor Code establishes that after the agreement is signed by both parties, the employee must begin to perform his duties from the date specified in it. If there is no such date, then you need to go to work starting from the next day.
But a situation may arise that an employee does not show up on his first day at a new place. Therefore, the company administration has the right in such a situation to cancel the executed employment agreement.
To do this, you need to draw up an appropriate order. The same applies to the created appointment order. In practice, instructions on the cancellation of an employment contract and an employment order are included in one order.
Attention: if more than one day has passed since the hiring of a new employee, and for some reason he does not want to work anymore, then it is no longer possible to cancel the administrative document. The employee must either submit an application for resignation at his own request, or agree to terminate the contract by agreement of the parties.
Tags: HiringOrder
Is it possible to cancel
If a person gets a job and enters into an employment contract, he undertakes to go to work on the day specified in the order. When there is no such date in the document, it is understood that the first working day occurs the next day after the order is signed.
When a new employee does not begin to perform his or her job duties on the first working day, management has the right to cancel the previously signed TD.
In addition, the employment order is canceled. In this case, another order is written. Both points (regarding the contract and the employment order) can be included in the new order.
It is impossible to cancel a contract and an order after at least one working day has passed, but the person has changed his mind about working at this enterprise. In this case, the employee is required to write a letter of resignation. In addition, the contract can be terminated by agreement of the parties.
Watch the video. What documents are required from a foreigner when applying for a job:
https://youtu.be/c2zkXXx4ccE
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