Labor Code of the Russian Federation Article 60. Prohibition of demanding the performance of work not stipulated by the employment contract ConsultantPlus

The concept of official employment

In this case, the employer acts as a tax agent for its employees and undertakes to pay insurance and pension contributions for them. That is why the registration and further operation of any business requires the entrepreneur to submit information to various government agencies, including the Mandatory Health Insurance Fund, the Social Insurance Fund, and the Pension Fund.

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Documents for registration

The full list of documents required for drawing up an employment contract is enshrined in Article 65 of the Labor Code of the Russian Federation. And every official job seeker must understand that the employer has no right to demand the provision of any documents not included in this list.

It is mandatory to submit such documents to the personnel department for official employment.

Important details

Official employment, in accordance with the Labor Code of the Russian Federation, provides for a procedure where, after signing an employment contract, the employee is given the right to receive an agreed salary, paid sick leave and vacations, insurance against production risks, etc. In other words, official employment ensures the employee receives all guarantees and rights enshrined in current Russian legislation.
In this case, the employer acts as a tax agent for its employees and undertakes to pay insurance and pension contributions for them. That is why the registration and further operation of any business requires the entrepreneur to submit information to various government agencies, including the Mandatory Health Insurance Fund, the Social Insurance Fund, and the Pension Fund.

Documents for registration

The full list of documents required for drawing up an employment contract is enshrined in Article 65 of the Labor Code of the Russian Federation. And every official job seeker must understand that the employer has no right to demand the provision of any documents not included in this list.

It is mandatory to submit such documents to the personnel department for official employment.

Important details

Considering what is needed for official employment in terms of documents, we will separately dwell on the issue of registration at the place of residence. Article 64 of the Labor Code of the Russian Federation determines that an employer cannot unreasonably refuse employment to a citizen, including due to lack of local registration. This is explained by the fact that a certificate confirming registration is not on the list of documents required to be presented when applying for employment.

In practice, the situation is somewhat different, and companies rarely employ specialists without registration.

What documents are stored in the organization

Of the entire package of documents provided by the employee when applying for a job, only the original work book remains in the HR department. All other certificates are returned: copies are kept in the HR department.

The personnel department personnel is responsible for the safety of the work record during the entire period of the employee’s work in the company. Its maintenance is the responsibility of the employer.

Types of work

Employment according to the Labor Code of the Russian Federation can have several types. You can work in one place and this will be the main type, you can hold two or more work positions - part-time. Either get a temporary job or become a volunteer.

Types of employment and nuances:

Main job. This is the best way to get a place. The citizen is protected by labor legislation. When concluding an agreement with an employer, the social and legal rights of the employee are regulated by the signed document. Upon dismissal, social benefits are guaranteed. Also, the employer makes contributions to the pension fund during the entire period of the employee’s work, which means the pension is guaranteed. Banks react positively to loan applications from a citizen with official employment and main place of work. Often, companies interested in a high-quality workforce send workers for advanced training.
Contract. When getting a job, a citizen must understand that there will be no deductions for social events. The amount received in person is specified in the contract and is significantly higher than that of those employed at their main place. It is worth noting that the obligation to pay taxes falls on the contract employee.
Underemployment. You shouldn't expect a big salary in this position. As a rule, this type of device is used for mothers with small children and students in higher or technical educational institutions. It is possible to transfer from the main place to part-time employment for medical reasons.
Volunteers. There are no wages or entries in the work book. However, for a citizen, participating in a volunteer program is a great way to meet the right people and gain invaluable experience. This fact is welcomed when applying to the company.

There are other types of work: remote, free visiting. In these cases, you often require a computer or laptop and Internet access.

Familiarization with the work schedule

When starting a job, each employee must be familiar with all local acts of internal use directly related to the organization of his work. For example, provisions on bonuses for personnel, labor protection, remuneration, collective contract norms, etc.

More information about the rules and features of employment in Russia can be found on the official website of the Federal Service for Labor and Employment.

Article 189 of the Labor Code provides that the signature of a new employee confirming familiarization with the internal rules is a guarantee of his agreement with all working conditions. Refusal to sign the document makes further cooperation impossible.

After collecting documents and becoming familiar with the labor regulations, an employment contract must be concluded between the newly hired employee and the employer. This document must contain all the basic provisions, regulations and rules for further cooperation of both parties.

Both parties must sign the contract no later than three days from the actual start of work of the employed person. During the specified period, an order is created to hire a specialist, and based on the order, an entry is made in the work book.

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Duration of the employment contract

Important: The moment the employment relationship begins is the day when the employee began his duties.
At the same time, the Labor Code gives the employer three days to formalize the resulting labor relationship. Drawing up an employment contract between an employer and an employee is an indispensable condition for legal civil relations. The presence of a formalized agreement guarantees individuals the protection of their rights and regulates the responsibility of the parties.

Important: Sample forms for accounting and payment of labor activities can be found at the link.

The latest edition of the Code of Administrative Offenses (Code of the Russian Federation on Administrative Offenses) changes the employer’s liability for violation or improper execution of an employment contract for:

entrepreneurs (not legal entities) - from 5 to 10 thousand rubles;
officials - from 10 to 20 thousand rubles;
for legal entities – from 50 to 100 thousand rubles.

Legislative norms Art. 57 of the Labor Code of the Russian Federation provides for the following information to be indicated when drawing up an employment contract:

data of the parties: information about the employee (passport data) and the company (details for individual entrepreneurs);
TIN;
place of conclusion of the contract;
information about employer representatives, authorizing documents;
address of the place of future work;
information about the position (according to the staffing table);
term of conclusion of contractual relations; when drawing up an open-ended contract, the date from which the employee must begin performing duties is noted;
information on remuneration and payment procedure (salary, size and conditions, frequency of bonuses, allowances and incentives are indicated);
labor schedule, working hours, vacation period;
information about working conditions;
in case of employment in hazardous industries - information about the compensation system;
procedure for social support and insurance.

Drawing up and execution of an employment contract is the direct responsibility of the employer. The form of the contract in its strict form is not approved by law. All main points of the document are developed taking into account the Regulations on the establishment. For each specific position, the contract is formed based on the specifics of the activities of this staff unit.

The establishment of labor relations takes place in several stages. The applicant provides a list of documents for execution of the contract.

The list depends on:

future position;
requirements, job responsibilities.

Important: Some positions require a medical examination. The list of such positions is approved by regulations.

Basic list of documents for drawing up an employment contract

passport;
employment history;
SNILS;
military ID (for those liable for military service).

At the beginning of his working career, the candidate may not have a work book; in this case, the organization or employer is required to independently issue it.

Persons applying for remote work prepare the necessary documents themselves and then send them to the employer.

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

Important: The last 3 points concern: municipal and state employees, employees of education systems, healthcare and law enforcement agencies.

public catering;
food trade;
healthcare;
education;
transport industry.

citizens under 18 years of age;
workers whose work takes place in hazardous industries, in dangerous conditions;
shift workers;
job seekers for work in the Far North.

Important: This list is not complete and is subject to relevant regulations.

Local regulatory documents are divided into basic (for each organization) and additional (required for review if available).

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

Job description;
Additional agreement, conditions and procedure for liability;
Collective agreement;
Social security for employees.

The employee, having studied the acts and instructions, signs the introductory sheet. This document is also certified by an official and sealed and stored in the employee’s personal file.

An agreement is concluded and all necessary documents are drawn up.

According to the rules of document flow, an employment contract is concluded in two copies: one is given to the employee, the second is kept by the employer.

Important: For joint-stock companies, certification of employment contracts with a seal is not provided.

Employment contracts are divided into fixed-term (up to 5 years) and unlimited. Fixed-term agreements are concluded on the basis of Art. 59 of the Labor Code of the Russian Federation in the following cases:

appointments for the period of temporary absence of another employee, with the transfer of his duties;
performing temporary and seasonal work lasting no more than 2 months;
performing practical work, internships, professional training;
employment in an elected position (or in an elected body);
employment in a temporary organization for a certain period to perform established tasks.

The law provides for the conclusion of a fixed-term contract by agreement of the parties in relation to the following categories:

pensioners;
part-time workers;
students (full-time students only);
managers;
cultural and creative figures.

Registration of an employment contract involves the formation of the necessary accompanying documents:

The order of acceptance to work;
accrual card;
personal file (card) of the employee;
income form.

The law obliges the employer to make entries in the employee’s work book. The exception is for part-time workers.

Termination of an employment contract is regulated by Article 84.1 of the Labor Code of the Russian Federation. The employee signs the order to terminate the contract and receives a signed copy of the dismissal order. If the employee refuses to confirm consent to terminate the contract, a note about this fact is placed in the order.

On the last day of work - the day of dismissal - the employee receives a 2-NDFL certificate for the last 2 years, a work book and a calculation (for example, compensation for days of unused vacation). Upon written request, an employee may request certified copies of work-related documentation.

When terminating an employment contract, the employer is also obliged to make a corresponding entry in the employee’s work book with reference to the article of the Labor Code of the Russian Federation. For example:

by agreement of the parties - clause 1 of Art. 77;
at the initiative of the employee - clause 3 of Art. 77;
in connection with the end of the contract - clause 2 of Art. 77;
in connection with liquidation (employer’s initiative) – clause 1, part 1 of art. 81;
in connection with a reduction (number of employees, staff) - clause 2, part 1 of art. 81.

Employment contract: registration procedure, documents and deadlines Link to the main publication

We invite you to familiarize yourself with how land is transferred by inheritance.

Official employment means social security for a citizen. Only in this case can the employee count on pension contributions, paid sick leave and full vacation. The hiring process has its own subtleties and depends on who is applying for the job and what the expected schedule for performing duties is.

Recruitment

The law on the employment of an employee contains regulations for the procedure, a list of documents required to be provided to the employer and the personnel department.

What acts protect the rights of an applicant for a position:

the Labor Code of the Russian Federation in chapters 10 and 11 contains the procedure for drawing up labor agreements and work books containing data on the length of service of the citizen being accepted;
Government Order No. 225 dated 2003, with amendments and additions made in 2008, Labor Ministry Order No. 69 dated 2003 contains regulations on how to correctly fill out a work book, how to keep records and store forms that take into account the length of service of working personnel;
State Statistics Committee Decree No. 1 of 2004 offers an example of documents created when employing an employee: orders for registration, a sample personal card.

Resolutions were adopted at the state level and are mandatory. Violation threatens the perpetrators not only with fines, but also with administrative penalties. This applies to employees and managers, even heads of institutions.

The fact of non-compliance with the requirements of the law is discovered as a result of an inspection by the inspectorate for supervision of the implementation of labor legislation.
When a new employee is hired, the employer needs to understand who he is recruiting.
Basic rules for official employment:

The first step is to check the papers provided by the applicant. To perform official duties, certain knowledge and qualifications may be required. Therefore, you should not be surprised if the employer asks you to provide documents confirming special education or the presence of the necessary skills;
the employee familiarizes himself with internal documents regulating the behavior of the enterprise’s employees and requirements for appearance. A document on non-disclosure of trade secrets must be signed. These documents are signed personally by the employee;
the HR department or an authorized employee prepares a form of employment contract or agreement. The paper is provided to the applicant for review and, upon agreement with all conditions, is signed. The agreement has two copies: one remains in the HR department, and the second is given to the employee;
An order is being prepared for the enterprise to hire a new employee for a position. Here they indicate the workplace, department, salary, duration of the probationary period;
The employee personally fills out a personal card. Form T-2. The information received about the new employee is sent to the accounting department and entered into a time sheet that takes into account the time worked;
filling out a work book. If this is a citizen’s first job, then this form is created and executed directly by the employer.

Official employment - registration according to the Labor Code of the Russian Federation

More information about the rules and features of employment in Russia can be found on the official website of the Federal Service for Labor and Employment.
Article 189 of the Labor Code provides that the signature of a new employee confirming familiarization with the internal rules is a guarantee of his agreement with all working conditions. Refusal to sign the document makes further cooperation impossible.

After collecting documents and becoming familiar with the labor regulations, an employment contract must be concluded between the newly hired employee and the employer. This document must contain all the basic provisions, regulations and rules for further cooperation of both parties.

podborkadrov.com

Official employment - registration according to the Labor Code of the Russian Federation

Official employment is carried out on the basis of a personal written application from the employee, by issuing an appropriate order by the employer and concluding an employment contract (TA). The last document is drawn up and signed in 2 copies (one for each party). Employment information is always entered into workers’ work books.

After concluding a TD, the employer must pay taxes and bear other additional obligations to the employee. To avoid unnecessary hassle and save on taxes and other payments, some employers are in no hurry to officially employ citizens and offer unofficial employment or limit the formality of it. So, for example, they can offer a job:

on the terms of an oral agreement (without execution of any documents);
on reduced working hours (despite the fact that the employee actually works full time);
on conditions of the lowest possible wage (the so-called black-and-white salary).

kleotur.info

Part-time work

The law does not prohibit hiring a part-time employee. At the same time, the employee himself can formalize labor relations with an unlimited number of employers, as long as this is permitted by law and the working day at a particular enterprise does not exceed 4 hours.

There are two types of combination of positions:

external – an employee of another company;
internal - an employee of the enterprise where the main workplace is provided.

In order to be hired, a part-time worker writes an application and indicates that this position is not the main one. An employment contract is concluded, which sets out the specifics of the duties performed. The HR department creates an order confirming the hiring of the employee.

The work record remains at the main place of work. Data on the combination is entered into the book by the personnel department of the main company at the request of the citizen.

Official employment - registration according to the Labor Code of the Russian Federation

Download the application form

Download the order form

Download the contract form

on the terms of an oral agreement (without execution of any documents);
on reduced working hours (despite the fact that the employee actually works full time);
on conditions of the lowest possible wage (the so-called black-and-white salary).

Unofficial employment

In informal relationships, none of the listed stages exist. The employer lures employees into such work, arguing their actions with the possibility of increasing wages using the funds saved on tax payments. At first glance, this proposal is more than interesting, because the employee is offered to save 13% of personal income tax, which is withheld monthly from officially employed people. What is the reality of such a proposal?

There are many times more disadvantages in informal relationships than apparent advantages. Let's start with the fact that neither the employer nor the employee has legal leverage to regulate their relationship. This means that the parties will not be able to prove a violation of their rights, since there is no written evidence of their occurrence. That is, if an employee causes damage to the company’s property, then it is not possible to recover funds from him, and the same will happen if the promised remuneration for the work done is not paid.

But the biggest disadvantage is the fact of non-payment of mandatory payments. The employer is required to pay monthly contributions for each employee. From these, future pension benefits, sickness benefits and other insurance amounts are formed.

In case of unofficial employment, length of service is not taken into account, sick leave is not paid, and maternity leave is not paid.

What are the risks of working without official employment?

As already mentioned, “an unofficial worker is deprived of all rights and guarantees. However, even in this case, he can and must defend his rights, since the legislator has provided certain protection mechanisms.

For example, in accordance with Art. 67 of the Labor Code of the Russian Federation, the employer is obliged to conclude an employment contract with the employee no later than 3 days from the moment he was actually allowed to work. The day of concluding the agreement is considered the first day of work (provided that the citizen has begun his duties by order or instruction of the employer) - it is from this moment that the employee has the right to demand the conclusion of an employment contract with him. In case of refusal, the employer can be forced to conclude a contract by going to court.

At the same time, remember that in court you will have to prove that you really work for this company. As evidence, you can use video and audio recordings, any documents (both paper and electronic), testimony of witnesses, etc.

You will have to prove not only the fact of work itself, but also the conditions under which you agreed to work, for example, the amount of wages and the period of work. Pay slips, expense orders or other similar documents will help you with this.

nsovetnik.ru

By official we mean
employment according to the Labor Code of the Russian Federation , according to which the employee is given the right to receive the salary established by the employment contract, paid vacations and sick leave; in addition, the employer assumes the responsibility to pay insurance premiums, taxes, etc. for the employee. In other words, official employment guarantees the employee receiving all the rights and guarantees enshrined in law.
Official employment is carried out on the basis of a personal written application from the employee, by issuing an appropriate order by the employer and concluding an employment contract (TA). The last document is drawn up and signed in 2 copies (one for each party). Employment information is always entered into workers’ work books.

Download the application form

Download the order form

Download the contract form

on the terms of an oral agreement (without execution of any documents);
on reduced working hours (despite the fact that the employee actually works full time);
on conditions of the lowest possible wage (the so-called black-and-white salary).

Employment procedure

The term “official employment” defines the established working relationship between an employer and an individual, in which the state takes part in these relations as a third party and a full guarantor that legal norms will be observed by both parties.

The official structure means complete regulation of the process by the Labor Code of the Russian Federation and other legal acts. To get a job in this way, both an individual and a legal entity must comply with a number of conditions that precede the start of cooperation.

According to the Labor Code of the Russian Federation, for official registration you need:

Provide the employer with the required package of documents for employment.
Conclude an employment agreement between the employer and the hired employee, which will stipulate the rights and obligations of both parties to the contract.
The employer issues an order for employment.
The employee receives an individual entry about the beginning of cooperation in the work book.

All these points are mandatory, and their step-by-step implementation in the correct sequence guarantees the formality of the procedure.

If you ask any able-bodied person where a new stage of labor cooperation begins, he will answer without hesitation - with a statement. Indeed, it is this document that symbolizes for us the beginning of work in a new organization.

https://youtu.be/OZmZwTFdXfg

In fact, the application has long been no longer a mandatory form to fill out. This is confirmed by Article 65 of the Labor Code of the Russian Federation, which lists all the documents required to be submitted when hiring. There is no application among these mandatory forms. There is also no ban on writing it, so many organizations follow the previously approved tradition.

The application as a form allows you to put various internal marks on it. A separate file of this document makes it easy to later find information about any employee. But please note that the main document today, which legally determines the beginning of a working relationship, is an employment agreement.

Conclusion of an agreement

An employment contract is concluded between the job seeker and the employer only after the candidacy has been approved and the hired person is satisfied with all the conditions offered by the organization. The verbal agreement is transferred to paper.

The agreement is drawn up according to certain legislative norms, although it does not have a unified form.

Article 57 of the Labor Code of the Russian Federation describes all the mandatory points that must be reflected in this form. This article also lists additional aspects that, at the discretion of the parties, may be included in it.

An agreement is a bilateral document; it describes the rights and obligations of both the employer and the employee. If one of these points is violated, the parties undertake to bear responsibility. The agreement comes into force only after both parties voluntarily seal it with their personal signatures.

It is noteworthy that adjustments, changes or cancellation of the contract can be made with the consent of both parties, but in no case unilaterally.

We invite you to familiarize yourself with the Features of employment in the banking sector

Employer's order

Despite the importance of an employment contract in employment, it is not considered officially formalized without the issuance of an order by the organization.

All orders adopted by the head of the organization are expressed in writing. Hiring a new employee is no exception.

The order displays the following information:

The reason for its publication, which is reflected in the name of the form.
Full name of the new employee.
The position for which a person is hired.
The date of reception, which is automatically considered the start date of work.

Orders have unique numbers that are assigned to them in the order of publication. The issued order allows all services of the enterprise to take official further actions, namely:

The employee as a unit is included in the staff.
The HR department prepares personal documentation for the new employee, which consists of a personal card, and possibly a personal file.
An entry is made in the work book about admission.
Accounting will be able to make payroll calculations and payroll.

Orders are additional confirmation that the employee has actually been accepted into the enterprise team.

Entry into the work book is the apogee of registration of an employee. By law, up to three working days are allotted for its submission.

The entry must contain the following details:

Number in order.
Reception date.
Legal name of the organization.
The position for which the citizen was hired.
Number and date of the order by which the registration was confirmed.

A work record book is evidence of accumulated work and insurance experience. It is this document that is required to be presented in many organizations when preparing documents and certificates.

The book is kept in the organization throughout the entire period of work, and it is responsible for its safety, and during periods of unemployment or unofficial work, this document is kept by the owner himself.

What are the risks of working without official employment?

nsovetnik.ru

Official employment involves the completion of a certain procedure, one of the main stages of which is the collection and provision of the necessary documents. In Art. 65 of the Labor Code of the Russian Federation, which regulates hiring, lists the main documents that are required. In addition, it is possible that the employer will request certificates and documentary evidence not listed in the Labor Code.

Documents for applying for a job in accordance with the Labor Code of the Russian Federation

Passport. A general passport is required in all cases, and employment is no exception. It is impossible to officially get a job without a passport.
Employment history. It displays all periods of a person’s work, and it must be handed over upon dismissal. During work, the work book is kept in the personnel department of the enterprise. Anyone who gets a job has a personal interest in ensuring that records are kept regularly and accurately, since on the basis of these records, among other things, a pension is calculated and the pension period is calculated.

A work book may not be on hand, for example, if a person gets a job for the first time or it is lost. In both cases, the employer is obliged to formalize it. The difference in the second case is that a person who has lost his work record book will have to independently restore all the lost data in order to correctly calculate the pension and calculate the retirement age.

Documents confirming a citizen's military duty. This document is required to be presented only to male citizens. Anyone newly hired at an enterprise is automatically subject to military registration at the place of work.

There are a number of professions for which employment not only requires a military ID, but also confirmation of service in the Russian (or Soviet) Army.

Certificate of existing education. This can be either a school certificate, or a diploma of secondary specialized (secondary technical) education, or a diploma of higher education. As a rule, for the employer this is of primary importance, since it confirms that the applicant has certain theoretical knowledge and practical skills in a certain profession.

In addition to a certificate and diplomas of education, you may also need certificates of training in any profession. For example, if a person gets a job as a driver, then he must present a driver's license with the required category. Or, if the future work involves working with lifting machines, then you must present a slinger’s certificate, and so on.

Medical certificate of suitability for this profession (form 086/у). Some types of work are possible only after a positive conclusion from a medical commission. As a rule, these are professions associated with heavy physical labor, in hazardous industries, in hazardous conditions, in certain regions, and so on.

The need to undergo a medical examination is stipulated upon hiring, and final employment is carried out based on its results. Sometimes the job responsibilities of a person applying for a job are subject to correction, based on medical recommendations.

The legal portal bukva-zakona.com draws your attention to the fact that some professions, due to the fact that they cannot be classified as difficult or dangerous, do not require passing a medical commission. The person is made aware of this during the initial interview.

Documents not specified in the Labor Code of the Russian Federation.

In a particular case, the employer may request additional documents that are not included in the list.

Confirmation of no criminal record.

For some professions in the state and municipal service, the applicant must provide evidence that there have been no criminal cases against him that resulted in a court verdict. If a criminal case was opened, but there was no verdict, then it is also necessary to submit a corresponding certificate.

TIN. Necessary for registering the person being accepted for tax purposes. The HR department, as a rule, asks to provide the original TIN, but for further actions keeps a copy of it.
Photos. Usually, when applying for a job, you are asked to provide a 3x4 cm photo (2 or 3 pieces). They are required for making a pass and for personal records. In some organizations, photographs are taken immediately upon applying for a job.
Help 2-NDFL. If a person applying for a job previously had official employment, then this certificate is primarily beneficial to him. It provides continuity of insurance coverage and allows you to receive full sick leave compensation.
Characteristics from previous place of work. This document may be requested by the employer in order to get to know the potential employee better, to find out his strengths and weaknesses not only from a professional, but also from a human point of view.
Documents about the marital status of the applicant. As a rule, they are needed to provide certain benefits. For example, the presence of minor children allows you to reduce the tax base, and so on.

When applying for any job, the applicant must familiarize himself with the full list of documents required for this in the HR department of the enterprise.

bukva-zakona.com

The most important documents

The Labor Code of the Russian Federation has Article 65, which explains exactly what documents an employer may require from a person applying for a job:

passport of a Russian citizen;
certificate of compulsory pension insurance (if this citizen is getting a job for the first time, the employer must issue it);
diploma or certificate of necessary education, qualifications, acquisition of special professional skills and knowledge;
It is mandatory to provide a work book. But if there is no work experience, then this document is created at this enterprise. If you have to work part-time, then it is not required. If for some reason a person who is applying for a job does not have a work permit, for example, it is lost, then it is necessary to provide an application in which the reason why it is missing should be indicated in detail. The employer will issue a new document;
a certificate that denies a criminal record or prosecution for criminal liability, because there are positions in which this is unacceptable;
for persons of military age or those liable for military service, a certificate from the military registration and enlistment office or a military ID is required.

The most important identification document for a Russian citizen, not only when applying for a job, but also in all other areas of life, is a passport. It would seem that if it exists, then what other questions might there be? But everything is not so simple with it: there are certain requirements, if not met, this document may be declared invalid

There is Regulation No. 828, adopted on July 8, 1997, and it specifies everything that is permissible and what is not in this main document of a Russian citizen. Thus, paragraph No. 6 says that if the passport contains marks that are not indicated in this provision, then it is invalid.

Which marks in the main document of a Russian citizen are acceptable and which are not? What notes are allowed in the passport are stated in paragraph No. 5 of this provision:

registration of place of registration, as well as if you left;
marriage and divorce;
children;
military duty;
what documents were issued for identification outside Russia;
blood type and Rh factor, identification code (at the request of the citizen).

When hiring, employees of the organization's HR department carefully examine the passport for any notes not provided for in the Regulations. If any occur, then the document is considered invalid and must be replaced with another one.

It is not uncommon for a passport to be expired. If, after a citizen reaches twenty or forty-five years of age, the document has not been changed for more than a month, then it is considered invalid and cannot confirm identity when applying for a job.

Currently, there is no single list that would be approved by law and indicate which documents should confirm the identity of a citizen in certain special cases. It happens that you need to provide a second identity document. The requirements for this document are uniform; it must contain:

photograph of a citizen who wants to find a job;
last name, first name and patronymic in full;
information about the issuance of the document (number, date, by whom it was issued, at what address the issuing authority is located and its validity period);
signature and seal of the head of the organization that issued this document.

Such documents may be:

birth certificate for persons under 14 years of age;
certificate of a Russian sailor or military personnel;
sergeants, sailors, foremen, soldiers who are currently serving in the Armed Forces - conscripts or contract soldiers;
a temporary certificate replacing a passport, valid for up to sixty days.

You can learn more about the list of documents from the following video:

https://youtu.be/DqC29Z1PUvo

Normative base

Registration for work is carried out in accordance with legal norms.

The right to work is enshrined in the Constitution of the Russian Federation and is supported by the provisions of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation

Employers are guided by the following provisions:

Ch. 10 and 11 of the Labor Code of the Russian Federation, regulating the conditions and procedure for concluding employment contracts.
Art. 66 of the Labor Code of the Russian Federation, which defines the requirements for the preparation of work books.
Art. 68 of the Labor Code of the Russian Federation, which establishes the need to issue an order and familiarize the employee with the internal regulations.

In relation to labor relations, the provisions of the Civil Code of the Russian Federation and legislative acts that do not contradict the Labor Code of the Russian Federation apply.

Article 67. Form of employment contract

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. 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.

An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date of the employee’s actual admission to work, and if relations related to the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court.

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.

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Conditions of admission and requirements for employees

An employee is hired for an indefinite period for a vacant position.

When employing a temporarily absent person (for example, when a permanent employee takes parental leave), a fixed-term form of contract is concluded.

Registration for work is carried out:

Upon reaching agreement between the employer and the applicant.
After the person presents documents confirming suitability for the position.

For special regime work, it is necessary to confirm the suitability and physical condition of the person.

If an employee concealed the presence of a disease, he did not violate the procedure for providing documents for concluding a contract.

A certificate of disability is not included in the list of required forms.

For example:

Petrov K.K., who had and hid his disability, was hired as a security guard with a night work schedule. Work of disabled people at night is carried out with written consent (if there is no complete restriction).

An employer who has identified a disability may do the following:

Offer to Petrov K.K. move to a position that corresponds to your health condition.
If there are no vacancies, terminate the contract under clause 8, part 1, art. 77 Labor Code of the Russian Federation.

The employer can obtain additional confirmation of the absence of guilt - offer K.K. Petrov. write an explanatory note.

How is hiring done?

A standard list of documents has been established that must be presented to an employee upon employment and concluding a contract.

You must provide:

Identity document.
Work book. If a document is lost, upon a written application from an employee, the company restores the book. Employees of the first place of employment are issued a form at the enterprise. Receipt of the document is carried out for a fee equal to the cost of the form.
SNILS is a certificate of pension insurance. For persons who do not have work experience, the certificate is issued by the employer.
Military registration forms issued to persons liable for military service.
Document on registration at the place of temporary residence - for persons of foreign citizenship.

Personal data is provided by the employee himself.

If it is necessary to obtain data from third parties (for example, when joining the law enforcement agencies), the employer must explain the intentions to the future employee and obtain the person’s consent in writing.

The employment of an employee is formalized with the consent of the head of the enterprise or the person replacing him.

Reception can be carried out by transfer from one employer to another by agreement of the parties.

The employee must obtain written consent from the receiving party.

In the standard employment option, the stages of employment are documented, compliance with which ensures the rights and obligations of the parties.

Stages of the procedure

Employment is carried out after reaching an agreement between the parties - the employee and the employer.

Documentation of the employee's appointment is carried out by a personnel employee.

The employment procedure is accompanied by:

By submitting an application addressed to the head of the enterprise. The employee draws up an application in any form with the obligatory indication of personal data, job title, dates of employment.
Familiarization of the new employee with the internal regulations. Before signing the contract, the employee must be aware of the general requirements and labor protection conditions existing in the company. The employee is informed about familiarization with the collective agreement, bonus regulations and other internal documents by signing.
Concluding an employment contract. The document is drawn up in 2 identical copies and handed over to each party. The personnel employee registers the agreement in the accounting book and assigns a unique numbering. On the employer's copy, the employee makes a record of receipt of the document.
Issuance of an order in form T-1 on employment. The document is drawn up within 3 days after the start of duties. The order is provided for review to the employee against signature. The conclusion of civil law contracts is not accompanied by the issuance of an order in connection with the hiring of an employee who is not included in the staff.

The employer enters into a liability agreement with persons occupying positions with direct storage, issuance and accounting of commodity or monetary assets.

The type of agreement depends on the conditions for the fulfillment of obligations and is applied in the form of individual or collective responsibility.

The conclusion and commencement of the contract is carried out after acceptance of the valuables for safekeeping.

An agreement concluded before the transfer of inventory items has no legal force until the accounting period begins.

Documentation

When applying for employment, the applicant must prove suitability for the position held.

Performing duties in a number of jobs requires professional training and the absence of contraindications.

Depending on the specifics of the requirements, you must present:

Documents on education - when applying for a specialized position that requires special training.
Driver's license - for work related to driving vehicles.
A certificate of no criminal record – for employment in legislative or executive bodies.
Medical record – for admission to positions involving direct contact with people or products.
Certificate of health - for minors applying for work and when applying for a position with special working conditions. The certificate is issued in form 086/у after a medical examination and contains data on chronic diseases and opinions of doctors in several areas.

The employee provides forms to the new place of employment that allow them to receive benefits and material payments.

Submitting additional documents is not a prerequisite for employment.

Minor forms include:

A certificate of income received during the 2 years preceding employment. The data is necessary to calculate the amounts for sick leave.
Certificate 2-NDFL to obtain data on deductions provided for the year of job change.
Birth certificates of children. Documents are required to receive benefits - a ban on business trips and night work without the consent of the person, and receiving leave without taking into account the schedule. Based on the children's evidence, the employee is granted standard deductions.

One of the important supporting documents is a job description - a form of an arbitrary nature, which is often the decisive factor in the selection when there are several candidates for a position.

Additionally, the employee provides photographs for registration of a personal file and cards in the T-2 form.

Documents are submitted for employment for temporary (issued for a period of up to 5 years) or permanent permanent jobs.

Deadlines

The employment procedure must comply with deadlines.

Document flow must be carried out in compliance with the following periods:

The start of work is established within the terms specified in the contract. Within 3 days, the employer must issue an employment order. It follows from the provision that it is necessary to conclude an agreement before issuing an order, within 3 days. If the employee began the actual performance of duties without concluding a contract, the date of employment is the day the work began. An agreement drawn up after the issuance of an order cannot contain a provision for a probationary period.
After hiring a person, the employer is obliged to make an entry in the work book. Data filling is carried out after 5 days from the date of commencement of work.

When registering an employee, an important condition is the establishment of a probationary period.

The duration of the period is set by the employer, but cannot exceed the norms established in the Labor Code.

Going to work

For official employment, a whole set of original documents is required, which varies depending on the area of employment and the citizenship of the employee. And now more details.

Passport

When applying for a job, you must provide the main civil document. If for any reason the passport is missing, it can be replaced with another document containing a photograph and identification information. For example, an international passport or driver's license will also work.

TIN

According to the law of the Russian Federation, a citizen who is not an individual entrepreneur is not required to issue an Individual Taxpayer Number. Therefore, an employer cannot require a TIN from an employee.

Pension certificate

During initial employment, issuing a certificate of state pension insurance is the responsibility of the employer. In another case, the employee already has this document in his hands.

Employment history

According to Article 66 of the Labor Code of the Russian Federation, every employee must have a work book, provided that this place of employment is the main one and he has worked for more than 5 days. However, the employer does not have the right to demand a work book if the employee works part-time.

A work book can be purchased at any printing kiosk.

Diplomas and certificates of education

Original diplomas are required to confirm specialized professions and special skills. When applying for employment outside your specialty, documents confirming your competence are not required.

Military registration

For official employment, citizens liable for military service, in Russia these are men aged 18 to 27 years, must provide the employer with military registration documents.

Medical book

A medical book is a mandatory document only in a few areas of activity, namely in trade, education, medicine and catering. In other cases, this document is not needed.

The medical book is issued by the Center for State Sanitary and Epidemiological Surveillance. The absence of a document when applying for a job in the above areas may be a reason for the candidate to be rejected.

Registration at the place of stay

This issue especially concerns labor migrants from Ukraine and other countries of the near and far abroad. According to the Labor Code of the Russian Federation, an employer cannot refuse employment to a citizen of the Russian Federation without registration, but has the right not to hire a foreign citizen without a certificate of registration in Russia.

Remember, the employer has no right to demand other documents not provided for by law.

Personnel and accounting nuances

Hiring is carried out by a personnel employee with the execution of all mandatory documents.

After drawing up the contract and issuing an employment order, the personnel officer carries out the following actions:

The employee is assigned a personnel number to keep track of working hours.
The program creates a new card with the personal data of a staff member.
An accounting card is issued in form T-2.

Documents are transferred for further accounting and control to the accounting department.

Employee data is used:

When calculating wages. The days worked are recorded in the timesheet.
When withholding personal income tax. The tax payment date is the day the salary is paid.
When making contributions to funds. The enterprise must keep personalized records, calculate and deduct contributions. Reporting is provided to the Pension Fund for each employee.

HR documents relating to employees and being the basis for payroll are stored for 75 years.

The data is necessary to confirm the amount of pension benefits for employees.

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What is the maximum probationary period and can it be extended?

The probationary period according to the Labor Code of the Russian Federation should not exceed:

6 months for persons holding management positions, chief accountants and their deputies;
3 months for all other categories of employees;
2 weeks if the contract is concluded for 2–6 months (Article 70 of the Labor Code of the Russian Federation with comments).

Establishing a test for employment for a period of less than 2 months is prohibited (Articles 70, 289 of the Labor Code of the Russian Federation).

The length of the probationary period for employees is also established by federal laws. You can read about the maximum length of the probationary period for various categories of employees in the article “Probationary period when hiring (nuances).”

If a new employee was sick during the probationary period or was absent from work for another valid reason (for example, he was on vacation or did not work due to downtime of the enterprise), then, according to the Labor Code of the Russian Federation in 2020, the probationary period is extended by the number of people missed due to this working days.

In such circumstances, the employer must order that the test be extended (to a certain date) due to the occurrence of one of the above reasons. The employee must be familiarized with this order against signature.

You can learn more about the probationary period from our article “Probationary period for employment (nuances)” .