Article 65. Documents presented when concluding an employment contract

What documents are prohibited from being required?

The Labor Code (Article 65 in particular) establishes a unified list of documents that citizens require to enter into an agreement with an employer. This list can only be supplemented by the papers listed in the Federal Law for persons serving in dangerous conditions and for people of a limited social group.

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But if the manager requires other documents from the candidate that are not provided for by the Labor Code of the Russian Federation, then this can be perceived as a violation of the law. To punish the boss for such actions, it is enough to take a written refusal to hire, with the reason indicated in it: “an incomplete package of documents was provided,” and go to court with it.

We found out what certificates must be presented for official employment in accordance with Art. 65 of the Labor Code, and under what circumstances this list can be expanded. In conclusion, it remains to add that the restrictions prescribed in the Labor Code are aimed exclusively at protecting the personal data of citizens applying for open vacancies. Therefore, ignoring them is unacceptable.

Commentary on Article 65 of the Labor Code of the Russian Federation

1. Part 1 art. 65 provides for a specific list of documents to be presented when applying for a job.

First of all, this is an identity document. The main document is a passport. All citizens of the Russian Federation who have reached the age of 14 and live on the territory of the Russian Federation are required to have a passport (clause 1 of the Regulations on the passport of a citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 8, 1997 N 828).

2. When hiring, unless we are talking about part-time work or concluding an employment contract for the first time, the employee also presents a work book, drawn up in the prescribed manner.

In accordance with Part 5 of the commented article, if a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the lack of a work book) issue a new work book. Since the law does not connect the employer’s obligation to issue a new work book for a person who does not have one with any specific reason for its absence, it should be assumed that such an obligation arises regardless of the reason why the employee does not have a work book. The employer is also obliged to issue work books for persons entering work for the first time (see commentary to Article 66).

3. In addition to the identification document and work record book, the employee presents an insurance certificate of state pension insurance. An insurance certificate is a document confirming the registration of an employee in the system of the Pension Fund of the Russian Federation. It contains the insurance number, i.e. a permanent personal number assigned by the Pension Fund of the Russian Federation to the employee’s personal account. If a person is employed for the first time, an insurance certificate is issued by the employer. The insurance certificate is issued to the employee and is kept with him.

4. Persons liable for military service, as well as those subject to conscription for military service, present military registration documents.

5. If the work for which an employment contract is concluded requires special knowledge (training), the employee must present an appropriate document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training, for example doctor's diploma, driver's license. Hiring without such a document is not permitted.

6. When applying for a job related to activities to which, in accordance with the Labor Code, other federal laws, persons who have or have had a criminal record, are or have been subject to criminal prosecution are not allowed, the employee is required to submit a certificate of the presence (absence) of a criminal record and (or ) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds. Such a certificate is issued in the manner and form established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs. Currently, the procedure for issuing such certificates is established by the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for issuing certificates of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution, approved. Ministry of Internal Affairs of Russia dated November 7, 2011 N 1121.

7. In necessary cases and taking into account the specifics of the work performed, the employer has the right to require additional documents from the applicant, if this is provided for by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation. For example, the Law on the State Civil Service establishes that when entering the civil service, a citizen presents, in addition to the specified documents, a certificate of registration of an individual with the tax authority at the place of residence in the territory of the Russian Federation, as well as information on income, property, property obligations character (Part 2, Article 26).

It should be emphasized that in Part 2 of Art. 65 we are talking about regulatory legal acts only at the federal level and their list is limited: federal laws, decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation. In this regard, requirements for additional documents when hiring cannot be established, for example, by the law of a constituent entity of the Russian Federation or by a resolution (order) of a ministry (even at the federal level).

8. It is not allowed to collect information about applicants’ affiliation with political parties, movements, religious organizations, as well as information relating to the employee’s private life, because this violates what is enshrined in Art. 23 of the Constitution of the Russian Federation, the right of citizens to privacy, personal and family secrets, protection of their honor and good name.

These prohibitions are intended to promote compliance with the principle of equal rights when applying for work and non-discrimination in the field of labor relations.

A set of documents provided for by labor law

The Labor Code of the Russian Federation contains instructions on the mandatory presentation to the employer of documentation identifying the identity of the applicant for a vacant position. Additionally, you will need to confirm compliance with professional standards and the absence of circumstances that prevent employment for certain jobs. Documents required for concluding an employment contract:

• a passport so that the employer has the opportunity to verify the identity of a potential employee and identify his citizenship;
• SNILS (the form is not needed only for those who are employed for the first time, in this case the procedure for obtaining a certificate must be carried out by the employer);
• work book (for persons for whom this will be their first place of work, the book is kept by the employer);
• the list of documents for an employment contract includes a document confirming the level of professional training - certificates, certificates, education diplomas;
• forms with data on military registration (the norm is relevant only for categories of individuals liable for military service) - those who served present a military ID or passport of an officer who is registered but has not served - registered;
• what documents are needed for an employment contract - certificates confirming that the applicant has no outstanding convictions and the absence or presence of administrative penalties.

Package of necessary documents

According to the provisions of Article 65 of the Labor Code of the Russian Federation, a candidate for a position, when concluding a work agreement, is obliged to provide the manager with the following information:

• Your personal document.
• Work book. The exception here is cases when a person has not previously carried out professional activities anywhere or the desired position is not the main place of work.
• Data confirming compulsory insurance for retirement in the future. A corresponding certificate will be issued for a person who is applying for a job for the first time.
• Information about registration for special military registration. This rule applies to those who are subject to being called upon to perform military service duties in cases of extreme necessity.
• Documentation that confirms that a person has received the required education or has the required specialty. This rule does not apply to those people who will be appointed to positions where a specialty is not required, for example, a janitor or a cleaner.
• Data confirming the absence in a person’s biography of facts of application of measures of influence for committing offenses of a criminal nature. This also includes information that criminal prosecution against a person was terminated, he was acquitted, served his sentence or was granted amnesty. This principle applies mainly to those who apply for positions in state budgetary authorities, for example, in courts, law enforcement agencies, government agencies, as well as in organizations involved in raising children.
• Information that administrative measures were not applied to the person for non-medical consumption of prohibited substances - narcotics and psychotropic substances. In addition to the categories indicated above, this approach also applies to those who are accepted into the staff of medical authorities.

If necessary, based on the specifics of future professional activity, as well as the requirements of the company’s internal rules, the manager has the right to demand additional information and data from the candidate for the position.

These include:

• Individual number for making tax payments. This will make the work of financial specialists easier.
• Data on previously received income. Most often, such a document is required from a manager appointed to the position.
• Information about previously made tax deductions from earnings.
• Data on the creation of a family union and the birth of offspring. Such documents may be required to reduce tax withholding from income received.
• Personal photo of a person. Most often, it is required for a card that is issued for each employee, as well as for obtaining special access to the territory of the enterprise.
• Information about the place of actual residence. Required for those whose place of official registration differs from the place of residence that was indicated during the preliminary conversation.
• Medical certificate confirming fitness for health reasons to perform the duties of the position. This principle applies to positions where there are harmful or dangerous factors, excessive physical activity, as well as sources of increased danger, for example, miner, driver, loader.

Certificate from a medical institution

This certificate is not included in the list of papers included in the list of Article 65 of the Labor Code. However, Federal Law No. 52-FZ, it is necessary when applying for a job related to:

1. Trade.
2. Sales and storage of food and drinking water.
3. Working with minors.
4. Utilities.
5. Activities that affect health.

The certificate is needed to ensure that the employer is convinced that the applicant does not suffer from infectious diseases. To obtain a certificate, a person must undergo a full medical examination.

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List of documents presented when concluding an employment contract

After employment, the worker is required to undergo examination at a certain time. Thus, people under 21 years of age must be examined once every 12 months. The rest need to be examined at least 2 times every 24 months.

Prohibition on requesting additional documents

According to the rules of Article 65 of the Labor Code of the Russian Federation, a manager cannot demand documents from a person other than those provided for by current regulations or internal rules of the company.

But if the required papers are grouped into a clear list, then the list of additional data is not indicated anywhere. Additional papers are required as necessary, based on the specifics of the company’s activities.

In order to avoid problems in the future, and even more so legal proceedings, the manager should understand that it is necessary to demand from a person only that information that verifies his identity and characterizes his professional qualities.

There is no need to request, for example, a certificate of family composition or confirmation of relationship with your loved ones. It is strictly not recommended to ask a person about his religious or political beliefs.

Such data is not mandatory. And access to them is protected by current regulations.

Art. 65 Labor Code of the Russian Federation: questions and answers

Art. 65 of the Labor Code of the Russian Federation provides a complete list of documents that are necessary to get a job. The list is closed; employers have no right to demand more. In addition, certain items on the list are additionally conditional (i.e., they can be requested only in certain cases). Read more about this in the answers to the main questions related to the application of Art. 65 TK.

Article 65 of the Labor Code of the Russian Federation with comments for 2020: main aspects

When can a document of education (qualification) be requested?

When can a criminal record certificate be requested?

When will you need military registration documents?

Who should apply for SNILS?

Who needs a medical report on health status under the Labor Code?

What additional documents are needed when applying for the civil service?

What information is not allowed to be collected when an employer makes a hiring decision?

What documents are needed for the interview?

During the first interview, the employer wants to learn as much as possible about the candidate.
The conversation will not give the employer complete information about the candidate. The source of all necessary information is the documents provided by the applicant. Therefore, a person should thoroughly prepare for the interview and present to the employer even those certificates and certificates that are not provided for either by law or by the requirements of the director of the organization. So, for the interview it is advisable to prepare the following:

• autobiography. There is no need to write out an autobiography for several pages; it is advisable that it be short but informative;
• diplomas and certificates;
• work book;
• portfolio.

The person who provides the entire package will have an advantage over other candidates. However, these documents are not mandatory, so the applicant is not required to provide additional papers and certificates.