How to hire an employee with registration in another region

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Published: 06/30/2018

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In order for the state to be able to provide various services to its citizens with the highest quality, including when the latter move across the territory of the state, the institution of temporary registration has been created. Permanent and temporary registration were introduced in 1993 along with the adoption of the Law of the Russian Federation, allowing citizens of the Russian Federation to move freely throughout the territory of the state and choose their place of residence. It was then that the concept of “registration” was eliminated as a legal category, and it was replaced by the terms of permanent and temporary registration. In accordance with the provisions of this law, citizens of the Russian Federation who have temporary registration at their place of residence are equal in their rights and obligations to persons with permanent registration.

• The right to work and its legislative protection
• Temporary registration and interaction with the Employment Center
• Citizen's rights during employment in the context of permanent and temporary registration
• Risks for employee and employer
• What does an employer face for refusing to hire?

However, in the field of labor relations, temporary registration is often an obstacle to quality employment, although discrimination on the basis of permanent or temporary registration is illegal. What rights in the field of labor relations does a citizen of the Russian Federation with temporary registration have, and how are such rights regulated?

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.

The first point of the procedure was to check the information provided by the person about himself, education and experience.

So, what is needed to get hired for a job in a company:

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• document confirming the identity of the applicant. As a rule, a passport is required. Law No. 65 of the Labor Code of the Russian Federation says that you can provide another piece of paper that will verify personal information about the applicant. Additionally, they may require an identification number issued by the tax authority;
• confirmation of work experience before this enterprise. The work record remains in the HR department until the employee is dismissed;
• information about the education received. When accepting a citizen for a job that requires certain skills and abilities, confirmation is needed that the person has the specified knowledge;
• certificate from a medical institution;
• SNILS. The employer issues an insurance certificate independently if the employee is hired for the first time;
• Men provide the HR department with information about registration with the military registration and enlistment office;
• The hired employee writes his or her own application for employment.

The documents provided must contain reliable information about the employee. Otherwise, the employer has the right to apply Article 81 of the Labor Code and dismiss. Not only does a citizen face administrative liability, but also criminal liability for forgery of information.

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:

1. 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.
2. 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.
3. 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.
4. 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.

Employment through an agency: who pays whom?

Our agency is often asked for help in finding employment, to which we answer everyone the same way: employment is not our profile. This answer is puzzling: what are you doing then?

I will try to answer this question in today's article. Let me make a reservation right away that it is aimed primarily at job seekers, i.e. people looking for work.

There is a fundamental difference between a staffing (or recruiting) agency and an employment agency, and it depends on who is the main customer of the service. In other words, who pays the agency - the employer or the applicant? The mechanism of interaction with the applicant and with the employer in both cases depends on this.

1) Recruitment agency. The main customer is the employer, who pays for the fact that his vacancy is filled. KA does not charge applicants fees.

The recruiting agency undertakes to fill the employer's vacancy by providing a number of candidates who meet the requirements of this very vacancy. In turn, these candidates must have an interest in the customer’s vacancy and a general understanding of the nature of the proposed work. In other words, when you come for an interview at a recruiting agency, you undergo a primary selection for a specific vacancy for a specific employer .

KA recruiters are often accused of wanting to “replenish the database with profiles” - so, any replenishment of the database in this case is secondary. Of course, recruiters are interested in replenishing the database with interesting resumes, and, of course, the questionnaire you filled out will remain in the agency, but the recruiter has neither the desire nor the ability to make this filling the main goal. Because the recruiter does not receive money for replenishing the database, but receives it for a completed order - filling a specific vacancy. Everything that a recruiter does in relation to a candidate - conducts interviews, collects recommendations, gives advice on self-presentation, etc. - he does for this applicant for free . And, of course, in case of failure, the recruiter is not obligated to employ this candidate, since, again, we are talking about filling a specific vacancy for a specific employer.

Of course, CA recruiters may invite the candidate to consider other similar agency vacancies if the candidate meets the requirements. Recruiters may call even after several years and ask if you are open to considering new offers? This does not mean that the recruiter does not know how to look at the date of a resume, it only indicates that he is good at working with the database, studied your old resume and suggested that a new vacancy might be interesting to you. Or you can recommend someone from your professional circle for it.

2) Employment agency. The main customer is the job seeker who pays for employment assistance. Some companies charge a fee to both parties—the applicant and the employer—if a vacancy is filled.

Employment agents position themselves as experienced employment assistants, especially if difficulties arise with employment. This help consists of drawing up a resume and sending it to various recipients: employer companies, recruitment agencies and other similar employment agencies.

In addition, of course, the candidate can buy a consultation with a psychologist, a personnel consultant and get an answer to the question: why is the desired job not found? Then, together with a specialist, adjust further actions. Actually, this is what employment assistance is all about. This service is paid for by the applicant and he does this regardless of whether a job is found or not .

If employment takes place, the applicant gives the agent a percentage of his salary, i.e. pays for the services again .

Now let's talk about job security.

Can a recruitment agency recruiter guarantee employment ? That is, to force the employer to choose yours from all the candidates? The answer is obvious: it cannot. If only for the simple reason that the recruiter presents several candidates, but there is only one vacancy. A good recruiter can lobby for your interests if he understands that you are the very person whose competencies and personal qualities best meet the customer’s expectations. But he cannot make a choice for the customer.

The paradox is that the employment agent cannot guarantee . Even if the advertisement states otherwise. It cannot for the same reason - you cannot guarantee the result where you are not the decision maker. So what do agents charge money for? For what I wrote about above, namely, for compiling and sending out a resume. Everything else is an accompanying service and nothing more. That is, an employment agent takes money for something that a person can easily do himself, without spending a penny of money, but, of course, with some effort. From my point of view, it is better to go this way, because it is known that looking for a job is the same work. They will object to me: if this is a job, then why not transfer it to the shoulders of a hired agent? And I will only go on interviews and decide whether this or that place is suitable for me. I will answer the same: looking for a job is also work, and only you will do it well, if only because you are doing it for yourself. The fan mailing practiced by employment agents has rarely helped anyone, quite the contrary. No recruiter or HR person who values ​​their time will read a resume if there is a long list of names in the address bar. It is clear to everyone that the sender did not even read (let alone analyze) the requirements - he simply sends out the resume to everyone, and this, excuse me, is disrespect for the work of others. So it turns out that with your own money you also risk ruining your reputation.

But what to do if your job search takes a long time? What if you're clearly doing something wrong? After all, employment agencies offer qualified assistance from psychologists and personnel consultants! I will not argue that this kind of help is useless; on the contrary, I believe that the advice of a competent specialist can significantly bring you closer to your desired goal. But I am also convinced that this advice can be obtained for free - again, with some effort. There are professional HR forums where there are enough professionals who can give an insightful comment on your situation - you just need to be able to ask the right question. The right thing to do is, first of all, to be polite and demonstrate a willingness to accept any response constructively. Help (and, perhaps, an offer to consider a vacancy!) will definitely come, and - note - completely free of charge.

It may be objected to me that recruitment agencies also provide a service that, by and large, the employer can provide to himself. This is partly true, but let's not forget that recruitment agencies - for the most part - receive payment upon filling the vacancy , i.e. having completed the work. Even in the case where the employer makes an advance payment, but removes the vacancy during the work process, he receives good marketing information, the profit from which can be invaluable. In addition, there are situations when it is impossible to do without the help of a CA (vacancy confidentiality, industry candidate market, etc.). It is also important that the employer spends a renewable financial resource on CA services, while no one will reimburse the expenses of a person left without work.

In conclusion, I can only repeat that whether to use the services of employment agents or not is entirely your choice. I will only add that the topic of this article in our spacecraft is long overdue, because more and more often we have to deal with the negative consequences of the work of these people.

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Minor employee

Employment of a citizen who has not reached the age of majority according to the Labor Code of the Russian Federation has features and nuances.
Not only the employer, but also the teenager needs to know about this. The regulations for applying for a job are prescribed in the Labor Code in article number 63.

During official employment, certain rules are observed:

• the employer must obtain written permission from the teenager's parents. If the child is under guardianship, the letter is provided by the guardians. This requirement is spelled out in Article 26 of the labor law;
• the junior applicant must have a minimum level of education (secondary);
• There are age restrictions. Only after reaching the required number of years can a teenager be hired;
• medical certificates allow you to perform this type of work.

People can be hired from the age of 16 – a requirement of Article 63 of the Labor Code of the Russian Federation. Exceptions are possible and fourteen-year-olds are accepted, but the work should be easy and in free time from study. They may also make an exception for younger people to work in cinema or theater.

Official employment of a 17-year-old minor is not an obligation for the employer. In this case, the teenager’s parents or guardians must give their consent. If the child is under 16 years of age, an additional letter will be required from the authorities involved in the guardianship and protection of children.

However, there are restrictions on the work provided. A child cannot be employed in hazardous working conditions, in the gaming business, in the sale of tobacco products and alcoholic beverages, or erotic goods. Also, a minor cannot lift weights more than the standard indicators for this category of employees.

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A child under 18 years of age should not work at night, go on business trips, work overtime, or combine several positions.

Where to apply

Attention! We recommend that you additionally register and add your resume to the superjob.ru website. Thousands of great employers will see it!

Post your resume

The benefit is assigned according to the citizen’s place of residence. An application through the “Work in Russia” portal can be submitted regardless of place of residence in the Russian Federation. A citizen is recognized as unemployed and unemployment benefits are calculated by employment centers directly at the citizen’s place of residence.

Foreign worker

In 2020, changes were adopted regarding the employment of citizens who are representatives of other states at enterprises of the Russian Federation.
At the same time, the changes include the responsibility of the employer for non-compliance with the rules. When applying for a vacancy as a foreign citizen, you should pay attention to:

• Do you have a residence permit and for what period is it issued? As a rule, this paper is given for five years with the opportunity to get a job in any corner of Russia;
• patent or permission to hold positions in the Russian Federation. These documents specify the region in which the foreigner has the right to work;
• for representatives of Armenia, Belarus and Kazakhstan, it is enough to register with the migration service. They do not require a patent or permit.

The legislation of the Russian Federation regarding the registration of foreign citizens indicates the obligation of the employer to inform the migration services about the acceptance of a foreigner for a position. The period is given 7 days. Upon dismissal, the employer informs the Federal Migration Service within 3 days after signing the order.

A representative of another state can be hired only if the following information is provided:

• a document confirming the identity of the applicant, his citizenship and registration;
• a paper permitting employment in this particular region of the country;
• information about the experience of the hired specialist. The work record book is drawn up by the employer independently if the applicant comes to work for the first time;
• confirmation of insurance of the future employee - certificate. When hiring a foreigner, if this is his first job, the insurance certificate is issued by the employer;
• educational and qualification documents. When a job requires certain skills and abilities, the employee must demonstrate them.

When hiring a foreign citizen, the employer must take seriously the set of documents provided by the applicant and the deadlines for notifying the Federal Migration Service. Failure to comply with the rules established by law entails the imposition of fines on the company in the amount of 400 thousand to 500 thousand Russian rubles.

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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.