Is it possible to get a job retroactively to get a mortgage?

Register an employee retroactively

During vacation, it seems that there will be no contributions to the Pension Fund, but the manager wants there to be deductions?

in fact and theoretically, a vacation without retained salary somehow seems like a stretch.

Let's imagine that an employee writes a job application on November 23, 2002 and does not go to work on the first day - it turns out that he did not work for a single day - therefore, it was impossible to make an entry for him in the employment record book, i.e. e. he is not accepted at all

Next, let's look at Article 234. The employer's obligation to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work

The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of: - the employee’s legal removal from work, his dismissal or transfer to another job; (in this case, removal from work - must be at least one working day, otherwise - it is not accepted at all; in case of dismissal and transfer - the same thing)

— the employer’s refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to his previous job; (not suitable)

— delay by the employer in issuing a work book to the employee, or entering into the work book an incorrect or non-compliant formulation of the reason for the employee’s dismissal; (not suitable, because there must be working days)

— other cases provided for by federal laws and the collective agreement. (which?)

forum.garant.ru

Hiring an employee retroactively

Answered by: Anastasia Taishina, head of analytical service, lawyer.

In accordance with current legislation, the employer is obliged to provide the Pension Fund with the following types of reporting: reporting (calculation) on accrued and paid insurance premiums and reporting, which consists of providing individual information about the employees of this employer. When providing individual (personalized) accounting information, the Pension Fund is informed, among other things, of the employee’s insurance record and accrued and paid insurance premiums. The insurance period includes periods of work and (or) other activities that were performed on the territory of Russia, provided that during these periods insurance contributions were paid to the Pension Fund (Clause 1, Article 10 of the Federal Law of December 17, 2001 No. 173-FZ “ On labor pensions in the Russian Federation"). Considering that your employee was not paid wages, insurance premiums were not calculated for this employee, there is no need to provide individual information about him, since there is no information to be recorded. In any case, it will be impossible to hold you accountable for violating the procedure for providing the Pension Fund with the necessary information and calculations, since the amount of fines is calculated as a percentage of the amount of insurance contributions for a specific employee, individual information about which was not provided (Article 46 of the Federal Law of July 24 .2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation...”, Article 17 of the Federal Law of 01.04.1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system”, paragraph 16 of the Information Letter Presidium of the Supreme Arbitration Court of the Russian Federation dated August 11, 2004 No. 79 “Review of the practice of resolving disputes related to the application of legislation on compulsory pension insurance”).

www.taxcoach.ru

Accounting press and publications 2008

There is only one norm - paragraphs.

10 p. 1 art. 264 of the Tax Code of the Russian Federation, which states that rental payments for leased property are taken into account as other expenses. This conclusion can be found in the Letter of the Federal Tax Service of Russia for Moscow dated March 4, 2005 N 20-12/14626, and in the Letter of the Ministry of Finance of Russia dated November 1, 2005 N 03-03-04/1/325.

We suggest you read: Agreement with individuals in a gardening partnership

Letter of the Federal Tax Service of Russia for Moscow dated 03/04/2005 N 20-12/14626.

The grounds for making changes to the tax return are listed in Art.

81 Tax Code of the Russian Federation. The taxpayer must submit an updated tax return in cases where an error or incomplete reflection of information is discovered that led to an underestimation of the tax paid. And one last thing. Since the lessor has the right to take into account income from an increase in rent in the current period, and not in the past, he will not have an unjustified tax benefit.

audit

Hiring retroactively

Articles on the topic

Hiring retroactively is a priori a violation of the procedure for registering an employee in an organization for a certain position. Working in fact entails a number of inconveniences for both the employer and the employee.

From this article you will learn:

• hiring rules;
• is it possible to hire retroactively;
• retroactive hiring procedure.

Hiring an employee is subject to a clear and planned procedure, but in practice sometimes complex personnel situations arise that require a non-standard solution. One such situation is retroactive hiring. Sometimes this may be requested by an employee who actually worked in the organization without official registration. There are cases when such a task is assigned to a personnel employee by the head of an organization.

Read more about document preparation here:

Employment rules

According to the adopted legislative acts of the Labor Code, hiring an employee begins with filing an application addressed to the head of the organization and concluding an employment contract between him and the employer, which can be an individual (individual entrepreneur) or legal entity (organization, manufacturing enterprise, company). Based on Article 61 of the Labor Code of the Russian Federation, an employment contract begins to be valid from the day it is signed or from the date of actual admission to work with the agreement or instructions of the head of the enterprise or a person authorized by him.

From this it should be concluded that the labor relationship between the employer and the employee arises after the full execution of the employment contract, on the basis of which an order is formed to enroll a new employee on the staff. An employment contract can be drawn up in any form or format accepted at a particular enterprise. When drawing up a contract, you need to take into account the important aspects established by Art. 57 Labor Code:

• Employee's position;
• Actual working conditions;
• Wages;
• Operating mode;
• Guarantees for the employee.

Information about bonuses, the procedure and amount of bonuses may not be indicated in the contract if these data are specified in the collective agreement or established by local regulatory documents. An important point when drawing up a contract is to correctly indicate the position for which the employee is being hired; it must be present in the organization’s staffing table.

The agreement is created and certified in two copies, one of which is given to the employee, the second remains in the personnel department of the organization. The employee must be familiarized with the employment order under his personal signature; at the employee’s request, the HR department is obliged to give him a copy of the document. Based on the order, a record of employment is made in the employee’s work book, dated no later than 7 days after approval of the order.

Employee absenteeism report

The reason for this is the constantly emerging difficulties of law enforcement practice. Absenteeism is the continuous absence of a subordinate from the workplace for more than 4 hours and without good reason.

When analyzing the Labor Code of the Russian Federation, it becomes clear that absenteeism must meet the following requirements:

1. the presence of guilt of the employee who committed absenteeism;
2. official employment of an employee on staff, indicating in the employment contract the period of working hours and the place of work where he directly performs labor functions;
3. the employee’s absence from the workplace for more than 4 hours in a row or failure to appear at all;
4. the employer has carried out a comprehensive check of the circumstances of the incident and can confirm it with relevant documents.

The legislator does not provide a specific distinction between types of absenteeism.

It seems that there can be no two interpretations about whether one can be fired for absenteeism. But will dismissal be legal in all cases?

We suggest studying the most typical situations. Some of those fired will say that in his case it was a matter of absence from the office for many days, some - about a significant delay due to the apartment being flooded in the morning, and some - about a reluctance to indulge management and come in as a replacement.

Which of them were fired illegally?

The definition is found in Article 81 of the Labor Code: absenteeism is absence from work for the entire working day (shift) or more than 4 hours, regardless of the length of the working day. Important! An absentee employee does not have a valid reason. So can they be fired for absenteeism?

Yes, but under one of three conditions: 30 days have not passed since the offense; the employee was absent for more than 4 hours; there was no valid reason for absenteeism or lateness.

193 Labor Code of the Russian Federation). Ø Dismissal of an employee who has not begun to perform his duties. In cases where an employee signed an employment contract, but never returned to work, the employment contract with him should be canceled, and not terminated for absenteeism.

This:

1. force majeure (natural disasters, weather conditions, etc.).
2. time spent on sick leave;
3. calling an employee to court or law enforcement agencies;
4. passing exams, defending a diploma, etc.;

These and some other circumstances that led to the employee’s failure to appear, in the presence of appropriate certificates, cannot serve as recognition of absenteeism.

Every employer must clearly understand the norms of labor legislation and understand what is meant by absenteeism.

Not every absence from work can be declared absenteeism. The Labor Code describes absenteeism as:

• Absenteeism during the entire work shift without specifying the duration of the shift itself.
• Absence from work for four hours or more. Absence of up to four hours will be classified as tardiness and will not result in dismissal.

from the head of the bad debt department. Attempts made by me to contact the employee or his relatives by mobile and home phones were unsuccessful.

Order on registration of the fact of absence of an employee from the workplace, Novorossiysk February 2, 2011 1. Chief accountant N.B. Baronova.

immediately organize a procedure for activating the fact of Zimin I.P.’s absence. at work. 2. Legal service to provide assistance to Baronova N.B.

Let us give two examples from well-known (not our) judicial practice.

We suggest you read: Is it possible to extend the storage period of license plates in the traffic police?

K. filed a lawsuit against his former employer OJSC for reinstatement at work and recovery of wages for the period of forced absence. Let us remind you that truancy according to Art. 81 of the Labor Code of the Russian Federation really considers absence from work without good reason... The court, having examined the case materials, partially agreed with the defendant’s arguments and did not recognize the reason stated by the plaintiff as valid.

T.'s claim was denied. ˜ Absenteeism involves the employee’s absence from work during working hours –

- Art.

It is unacceptable to fire someone if an employee is sick. If an employee was hastily fired for absenteeism, and he brought sick leave in the form of an explanation of the reason, then such an employee must be reinstated in his position, since the dismissal is unlawful. However, if the fact of concealment of illness and the presence of sick leave has been established, then during the trial the court may side with the employer, considering that the employee is abusing his rights and infringing on the rights of the employer (Resolution of the Supreme Court of the Russian Federation).

In their lawsuits, citizens explain the situation this way: “I was fired for absenteeism while I was on sick leave.” A certificate of incapacity for work is provided as proof. This is not enough; it is necessary to prove that the employer was notified that the employee was ill. Moreover, a citizen may be denied a claim if he refuses to give an explanation. Of course, if he could do it for objective reasons.

Employers often want to fire a woman in a position. Especially if she commits misconduct. However, the question is: “How to fire a pregnant woman for absenteeism?” - has a simple answer: “No way.”

The Labor Code directly prohibits any grounds for terminating an agreement with a pregnant woman at the initiative of the employer, except for the complete liquidation of the organization (Article 261 of the Labor Code of the Russian Federation). Can a pregnant woman be fired under this article if she has committed an offense? Yes, but only on the basis of Art. 336 of the Labor Code of the Russian Federation, which regulates the application of sanctions to employees of educational institutions.

Zinovieva Natalya Igorevna

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Still have questions on the topic Ask a lawyer

at work. 2. Legal service to provide assistance to Baronova N.B.

in carrying out the said activation. 3. I reserve control over the implementation of this Order. General Director D.V. Malikov Act on the absence of an employee from the workplace on the absence of an employee from the workplace.

Novorossiysk February 2, 2011

2. The contents of this Act are confirmed by personal signatures: Chief Accountant Baronova N.B. February 2, 2011 18:05. I have read the act and received one copy: Request for an explanation in connection with absence from the workplace, we bring to your attention that, according to the data of the working time sheet, on February 2, 2011

You throughout the working day, i.e. from 9.00 to 18.00, were absent from their workplace, about which a corresponding report was drawn up.

General Director D.V. Malikov The requirement was received by Skorobey A.Yu. Act on the employee’s refusal to provide an explanation about the refusal to provide an explanation in writing.

Novorossiysk February 6, 2011 The contents of this Act are confirmed by handwritten signatures: - Zimin I.P., head of the department for working with problem debts; — Tarasova N.S., specialist in the problem debt management department; — Toporin A.E., department for working with problem debts.

This:

• time spent on sick leave;
• passing exams, defending a diploma, etc.;
• calling an employee to court or law enforcement agencies;
• force majeure (natural disasters, weather conditions, etc.).

These and some other circumstances that led to the employee’s failure to appear, in the presence of appropriate certificates, cannot serve as recognition of absenteeism. Also, absenteeism is not considered absenteeism by an employee due to the employer’s failure to fulfill his duties, in particular, non-payment of wages for 15 days or more (but only with prior notice to the employer). After writing the report, it must be handed over for review to the employee who committed absenteeism, as well as to management.

Subsequently, on the basis of the act, an order for penalties for absence from work is drawn up. The report must be drawn up no later than a month after the recorded absence. Otherwise, the document loses its legal force.

The act must contain information

• about the enterprise where the “truant” worker works,
• composition of the commission, whose members testify to absenteeism,
• explanations (if any) about the reasons for absence from work.

The act has a standard form from the point of view of office work and should not cause any particular difficulties.

I wanted to clarify how an absence from work report is drawn up.

As a rule, it is formalized by a corresponding act.

It must indicate: - last name, first name, patronymic and position of the employee; — date and exact time of absence from work (if possible, it is recommended to reflect when the employee arrived and left); — the exact time of drawing up the act; - last names, first names, patronymics and positions of the employees signing the act.

In this case, it is advisable that the document be signed by at least three employees: this will give the document greater significance in the event of a legal dispute. In the working time sheet (unified forms N T-12 and N T-13, approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1), it is necessary to reflect the employee’s absence by marking the letter “NN” (failure to appear due to unclear circumstances).

If, after two working days from the date of requesting an explanation from the employee, he has not provided it, then a corresponding act is drawn up (Part 1 of Article 193 of the Labor Code of the Russian Federation). In addition, the employee can appeal the dismissal in court. This follows from Part 7 of Art. 193 Labor Code of the Russian Federation.

Disputes regarding an employee’s applications for reinstatement at work are resolved in the courts (para.

In cases of illegal dismissal based on absenteeism, the court requests a work time sheet, therefore, after drawing up an act on absenteeism, we check whether the work time sheet is filled out correctly. In the event of a trial, the court will necessarily find out whether there were violations of the employee’s right to give explanations on the part of the employer and whether the two-day period established by part 1 of Art. 193 of the Labor Code of the Russian Federation. It should be remembered that, according to Part.

6 tbsp. 81 of the Labor Code, it is not permitted to dismiss an employee for absenteeism during a period of temporary incapacity for work or while on vacation. Disciplinary action can only be taken after all the steps described above have been followed. Terms of dismissal for absenteeism In accordance with Art.

Is it possible to hire retroactively?

Labor relations between an employee and an organization may arise without the formal conclusion of an employment contract and official employment on the basis of permission to work with the knowledge of the employer or a person authorized to give such permission. That is, we get a situation in which the employee has actually already started work, but is not officially employed.

In this situation, sooner or later the question arises as to whether retroactive hiring is possible and what actions need to be taken to avoid falling under sanctions and administrative liability. The answer to this question depends on the specific situation and circumstances:

1. The employee actually worked in the organization without registration, received a salary, but no contributions were made to the Pension Fund and the Tax Service.
2. The employee worked part-time, and his work book was at his main place of work.
3. Initially, the documents were filled out incorrectly when applying for a job.
4. The employee worked unofficially or part-time, but when moving to another job, he needs to confirm his length of service and work experience in a certain specialty.

To solve each of the above problems, you need to find your own way. So, when hiring, an employment contract must be drawn up, an order must be drawn up and an entry must be made in the employee’s work book. In fact, it is possible to apply for a job retroactively, but this will require certain expenses and may lead to administrative liability for the company or official.

We need to change sides

Finally, let's consider one more situation. It occurs less frequently than those described above, but it causes much more difficulties. We are talking about the need to replace the party to the contract. It is no secret that many owners conduct business not through one company, but through several at once, thus diversifying risks, as well as distributing financial flows.

The Civil Code provides for three ways to solve this problem: concluding an additional agreement; termination of the contract and conclusion of a new one; registration of assignment of claims or transfer of debt. Let's choose the most convenient option.

Let's start with the additional agreement. Although the Civil Code does not formally prohibit this option, in practice it is practically not used. This is due to the technical difficulties of drawing up the agreement itself.

Thus, it is not clear who should sign this additional agreement. After all, on the one hand, it concerns those persons who initially entered into the agreement, which means they must sign it. But on the other hand, this agreement directly affects the rights of a third party, which is included in the agreement.

Terminating the contract and concluding a new one with the required number of participants is a legally more transparent option. But it can be applied without accounting complications only if the execution of the contract has not yet begun (or the next stage of the contract execution has been completely “closed”).

Then its termination will not entail the need for returns, re-issuance of invoices, invoices, etc. In all other cases, this option will significantly complicate the accounting work of both parties to the contract. And difficulties always entail risks.

From all that has been said above, it turns out that the most suitable option for changing the parties to the contract would be to formalize the assignment of the right of claim or transfer of debt. In this case, the assignment of the right of claim is formalized by a bilateral agreement between the old and new creditor, and the debtor is only notified of the replacement.

But this option is not perfect either. The fact is that it is ideal only in the case when the replacement of a party occurs after either party has fully fulfilled its obligations. For example, this method can be used to replace the buyer after he has made payment under the contract, or, conversely, received the goods but did not pay for it*. Or the seller after receiving payment or after shipping the goods.

But if the buyer only paid an advance, or received only the first batch of goods, it becomes difficult to formalize such an agreement. Indeed, in this case, it is necessary to simultaneously transfer the debt for payment and cede the right of claim to receive the goods.

A way out of this situation may be to combine two methods - terminating the contract “for the future” and concluding an agreement on the assignment of the right of claim or transfer of debt for the already executed part of the contract.

* In the first case, we draw up an agreement on the assignment of the right to demand delivery of goods, and in the second, an agreement on the transfer of debt for payment.

Retroactive hiring procedure

If an employee worked without registration, but at the same time received a salary, in order to legalize his income and officially hire him, it is necessary to make additional personal income tax assessments, to the Pension Fund of the Russian Federation, the Social Insurance Fund, and the Federal Compulsory Compulsory Medical Insurance Fund. In fact, all these payments will amount to more than a third of the indicated salary.

In order not to pay taxes retroactively (with the accrual of penalties), you can place an employee on leave without pay immediately after being hired. Despite the fact that this situation is clearly controversial, it can be argued in Art. 106, 107 of the Labor Code of the Russian Federation on the definition and types of employee leave. At the same time, while on leave at one’s own expense, the employment relationship with the employee is not interrupted (Article 77 of the Labor Code of the Russian Federation).

For retroactive hiring, you can create a contract indicating the date of the employee’s actual admission to work. In principle, it is possible to create an order for employment with a past date, but it should be understood that during the audit this will be taken into account as a violation of the registration procedure.

A retroactive entry into the work book can be made if the employee worked part-time and then changed his status to his main job. If the work book is dated later than the entry in it, it makes sense to register a new one.

In the case when an employee asks to issue it retroactively in order to prove his length of service and experience in a certain field, it is worth offering him as an alternative the writing of a letter of recommendation certified by the manager. In this letter, you can indicate that the employee has actually worked in the position for a certain period of time.

www.kdelo.ru

Employee absenteeism report

According to Part 3

Art. 84.1 Labor Code of the Russian Federation

The day of termination of the employment contract is the last day of work of the employee, i.e. the day before the walk.

But first, it’s worth deciding what refers to the very concept of “truancy.”

A clear explanation on this point is given by paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. According to the Resolution, truancy is considered:

• If the worker did not show up at work the whole day without good reason (and the assessment of respect is given by the employer).

• If the employee did not appear within the workplace for more than four consecutive hours during his working day.
• Leaving work by an employee working under an open-ended employment contract, but wishing to terminate the employment relationship, without warning the employer, as well as before the warning period (before the expiration of two weeks).
• The departure of an employee working under a fixed-term contract before its expiration.
• Using vacation days without the permission of the manager, as well as going on vacation without following the vacation schedule.

Thus, in the presence of the above circumstances, the employer has every right to terminate the employment contract (you can find out how to fire a negligent employee for absenteeism here). But what to do when an employee does not show up for work for quite a long time, because there is no such thing as prolonged absenteeism in the legislation and the law does not provide any leverage.

In this case, the employer has to make decisions solely at his own discretion, which are not always recognized by the court as lawful. In any case, you should adhere to the rules established by Part 3 of Art. 84.1 of the Labor Code of the Russian Federation and dismiss on the day before the day of absenteeism.

In cases where an employee signed an employment contract, but never returned to work, the employment contract with him should be canceled, and not terminated for absenteeism. Ø For truancy, 2 orders were issued: one about reprimanding for truancy, the other about dismissal for truancy. The law prohibits the imposition of two penalties for one violation.

Ø Non-payment of monetary compensation for unused vacation (part of it), salary and other amounts due to the employee on the day of dismissal to the employee (Art.

Natalia Plastinina, head of the legal support sector for the activities of a bank branch And yet, the act of absence from work and the requirement to give an explanation only record the absence of the employee, but “do not dig deeper.” In a situation where a person goes missing, it would not be a bad idea to conduct an official investigation, including with the involvement of your own security service.

To do this, the order must appoint the composition of the commission to conduct the investigation, as well as set the time frame for the investigation.

Even if the investigation did not produce any results, this also needs to be recorded; for this purpose, an official investigation report is drawn up in any form.

Of course, an employee’s absence from work does not oblige every employer to immediately formalize his dismissal.

The law does not require such steps from employers. And yet, keeping “dead souls” is not in the interests of employers who need the planned amount of work to be completed.

Therefore, most managers decide to terminate employment relationships with “dead souls.”

In the event of the disappearance of an employee for unknown reasons, the most suitable of the grounds provided for by the Labor Code of the Russian Federation is subsection. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation - dismissal for absenteeism.

Other grounds, including those listed in Art. 83 of the Labor Code of the Russian Federation cannot be applied in this case.

Example 1 Memo about the absence of an employee from the workplace CollapseShow

If the organization has a journal for recording official/memorandum notes, it is advisable to register such a note. Stage 2. Drawing up an act of absence from work To understand what absenteeism is, let’s turn to clause.

All other circumstances will be considered disrespectful and may lead to irreversible consequences.

Labor legislation provides for the application of sanctions to employees who violate the work process and discipline in the form of penalties. The recovery may take the following form:

1. rebuke;
2. comment;
3. termination of an employment contract at the initiative of the employer.

The first two options do not have any clarifications in the Labor Code of the Russian Federation due to their legal nature, so it is difficult to differentiate between them.

They have the same terms of application and can be either oral or written.

If an employee repeatedly receives a reprimand or reprimand, the employer can reasonably apply the third option of punishment.

That is why the employer must carefully prepare all documents related to absenteeism.

However, you should not do this retroactively. As practice shows, such facts are provable and the court will side with the employee who committed absenteeism.

In what cases is an employee’s absence from work regarded as absenteeism:

1. If the employee is absent from the workplace during the entire work shift (even if it lasts less than 4 hours).

If the employee does not have a documented workplace and he was on the territory of the organization, the employer will not be able to give him official absenteeism. Conclusion: assign a workplace to each employee in the employment contract when he/she starts working.

1. If the employee is absent from the workplace for more than 4 hours.

We suggest you read: Is it possible to drive on an expired compulsory motor insurance policy?

Moreover, if the employee was absent for exactly 4 hours, such absence will not be considered absenteeism.

: So, the legislation offers two options for terminating the employment relationship with a long-term absent employee. Dismissal for absenteeism is always a disciplinary measure. Therefore, in each specific case, it is necessary to decide whether a penalty can be applied to an employee if the reasons for his absence from the workplace are not reliably known.

What was recommended to be done:

1. check with colleagues in the transport department whether there have been any expressions of dissatisfaction with work, management, etc. on the part of the missing employees, whether they mentioned in conversations the possibility of termination of work in the organization.

As a result of a survey of colleagues E. and L., it turned out that they were talking about returning to their native village in order to visit their families and then try their hand at another job;

1. send to the permanent registration addresses of employees E.

Dismissal of an employee for absenteeism is considered a disciplinary measure, and the fact of the violation must be proven by the employer.

It does not require previous disciplinary action taken against the worker.

Unfortunately, the concept of “good cause” is not clearly defined. If the case goes to court, the court's opinion may contradict the employer's opinion. Most likely, the following will be considered a valid reason:

• summoning the employee to court as a participant in the process or to the internal affairs bodies;
• temporary disability, which the employee confirmed with a certificate of incapacity for work; alternatively, he made an extract from the hospital patient’s card.

Dismissal for absenteeism is considered illegal if: During temporary incapacity or vacation, dismissal cannot be formalized; you will have to wait until you return to the workplace.

The dismissal order is handed over within three days after registration, against signature. Pay close attention to the timely repayment of salary arrears, so that the employee does not use the fact of non-repayment as an argument for dismissal “retrospectively”. Days of absence are not paid. If you are sure that cynical violations are taking place, it is better to record the fact of absenteeism in the work log and draw up reports.

Then you will be able not to accrue wages for days of absenteeism, which will subsequently reduce maternity benefits. 7 (812) 627-13-61 (St. Petersburg)

It should be noted that to terminate the employment relationship, just one of these disciplinary offenses, committed just once, is sufficient.

Explaining what constitutes disciplinary offenses (violations) due to which you can lose your job, Article 81 also gives them a detailed definition.

For example, you don’t need to think that if an employee is late for work in the morning by half an hour, then this is already a disciplinary violation, and the employer can immediately fire the employee for absenteeism. Not at all. That is, despite the fact that the answer to the question of whether an employee’s absenteeism without good reason is grounds for dismissal is affirmative, not every absence from the workplace will be considered absenteeism.

The step-by-step procedure for terminating an employment contract due to an employee’s absenteeism looks like this: That is, in order to be fired for absenteeism, the following documents are needed:

• certificate of absence of an employee from the workplace;
• explanations from the employee or a certificate of their absence;
• dismissal order.

If during the same day or the next day an employee appears at the enterprise, he must be required to explain the fact of his absence earlier. This is the preparation of documents when dismissing an employee for absenteeism. The employee is given two days to justify himself.

So that the employee does not declare at the most inopportune moment that no one asked him for an explanation and that they did not even listen to him, it is best to ask him to give an explanation in writing: by memo or telegram - if he never came to work. Explanations from the employee must also be given in writing - usually in the form of an explanatory note. If the employee refuses to give an explanation, it is also necessary to draw up a statement about this signed by two witnesses.

Arrange an employee retroactively, registration of an employee

I have an employee who has been working with me for about 1.5 years (carried out assignments), I have developed a very good relationship with him, and I would like to employ him full-time. Is it possible to somehow arrange it retroactively? Or pay insurance and Pension Fund contributions for him so that he does not lose his seniority?

Maybe you can triple it before the current date as a student agreement, as far as I remember there is no need to pay the Pension Fund? How about getting him a full-time job as of today?

Help to properly arrange the employee, so as not to pay large fines and so that it is beneficial for the employee.

Have a question for a lawyer?

Hello, Vitaly Olegovich.

It is better for you to register the employee retroactively and transfer insurance contributions for compulsory pension and compulsory health insurance to the pension fund. Since if there are no contributions to the Pension Fund, then there is no length of service. For non-payment, a penalty is charged, and a small one at that, and the penalty is only if the base for calculating insurance premiums is underestimated, that is, if you had a “black” salary.” In this case, there is nothing to be afraid of.

The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by the persons specified in part one of Article 3 of this Federal Law, provided that for these periods insurance contributions were paid to the Pension Fund of the Russian Federation.

You can apply retroactively, but in order for the work experience to continue, you need to pay contributions to the Pension Fund.

Good afternoon, Vitaly Olegovich!

I agree with Natalya, you can register an employee retroactively and pay all contributions for the entire period of his “employment”, supposedly he worked, but you simply did not pay for him. As for the possible latter, in any case, the potential fines will be small, so there is nothing to fear.

Hello, Vitaly Olegovich!

Retroactive registration of an employee is theoretically possible, but very expensive.

Firstly, you have to pay personal income tax 13%, the Pension Fund 26%, the Social Insurance Fund 2.4%, the Federal Compulsory Medical Insurance Fund 3.7%, in fact more than 1/3 of the salary that you indicate to him.

Secondly, you will be charged fines for late provision of information about the employee to the funds, and the organization will also be held administratively liable.

Article 19.7. Failure to provide information (Code of the Russian Federation on Administrative Offences) [Chapter 19] [Article 19.7]

Failure to submit or untimely submission to a state body (official) of information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as the submission to a state body (official) of such information (information) in incomplete or in a distorted form, except for the cases provided for in Article 6.16, Part 4 of Article 14.28, Articles 19.7.1, 19.7.2, 19.7.3, 19.7.5, 19.7.5-1, 19.7.5-2, 19.7 .7, 19.7.8, 19.8 of this Code, -

entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles; for legal entities - from three thousand to five thousand rubles.

So if you are ready to bear the costs, you can register this employee.

All the best to you!

Hello. If you want to hire an employee retroactively, you will have to pay all contributions to him, as well as salary for the past period. Otherwise, questions may arise from the labor inspectorate, the prosecutor's office and the tax office. You can simply make deductions for the employee and draw up documents that he received a salary without issuing one.

But there will certainly be fines for late payment of insurance premiums.

From your question it follows that between your company and the individual. The person has developed civil legal relations for 1.5 years. Were rewards paid for one-time orders?

If remunerations were paid, then the company in relation to the individual. the person was an agent and had to transfer personal income tax and payments to the Pension Fund of the Russian Federation. Work under a contract is included in the insurance period required to assign a pension. The insurance period in this case will be confirmed not by the work book, but by the contract and the certificate of work performed (Resolution of the Government of the Russian Federation of July 24, 2002 N 555 “On approval of the Rules for calculating and confirming the insurance period for the establishment of labor pensions”).

I know from experience that length of service and income under civil contracts are also taken into account when obtaining even a mortgage.

Based on the above, I conclude: is it worth applying for it retroactively?

in addition (as a basis for the establishment of an employment relationship):

The employment contract comes into force from the day it is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer

or his authorized representative
(Article 61
of the Labor Code of the Russian Federation)

An employment contract that is not 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 3 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 3 working days from the date of recognition of these relations as labor relations ( Article 67

Labor Code of the Russian Federation)…

Answering your question: Maybe it can be tripled before the current date as a student agreement, as far as I remember there is no need to pay the Pension Fund?

Please pay attention to the following:

According to Part 2 of Article 198 of the Labor Code of the Russian Federation, this type of contract
is additional to the labor contract.
If, during civil legal relations, personal income tax deductions were not made to the Pension Fund, then I suggest:

Calculate insurance premiums to the Pension Fund and Personal Income Tax for the entire period (1.5 years); transfer taxes, insurance premiums; give a declaration and conduct a desk check with your curator to calculate penalties for unpaid contributions.

Drawing up the correct truancy report

Therefore, absenteeism should be recorded in strict accordance with labor legislation, observing all formalities.
Absenteeism is punished very strictly, including dismissal. This differs from the banal being late for work. Help Other situations when dismissal under article for absenteeism is possible:

arbitrary use of time off by an employee; going on main or additional leave outside the established schedule or without the permission of the manager; refusal to work for two weeks upon dismissal of one's own free will.

It is necessary to take into account the procedure for dismissal for absenteeism, as well as the severity of the employee’s guilt.

At the same time, the fact of failure to appear has yet to be proven.

Possible development of events: the reason turns out to be valid, and there are documents confirming this fact; The employee was absent without a valid reason.

Can. Part 6 of Article 84.1 of the Labor Code of the Russian Federation exempts the employer from liability for the delay in issuing a work book if the last day of work does not coincide with the day of dismissal for absenteeism, which means it allows for a situation where the termination of the employment contract occurs retroactively.

First of all, you should record the fact of absenteeism. To do this, it is advisable to try to contact the employee to find out the reasons for his absence from the workplace, because it is not at all necessary that the person did not go to work solely due to his own negligence.

Reasons for not going to work may include:

1. employee illness;

2. fulfillment of civil or public obligations;
3. performing donor functions or undergoing a medical examination for these purposes;
4. detention (for example, arrest);
5. emergency situations resulting in the impossibility of arriving at work at the appointed time (for example, work carried out by emergency services that require immediate access to the employee’s home), etc.

In all of the above circumstances, there is no need to rush to formalize dismissal for absenteeism, since the courts, when assessing the validity of an employee’s absence from the workplace, often side with the worker as the more vulnerable party in the labor relationship.

If it was not possible to find out the reasons for absenteeism, then the fact of the employee’s absence should be reflected in the working time sheet by putting down the appropriate designations. Also, the immediate supervisor of the absent employee must report these circumstances in a memo to higher management authorized to issue orders.

It would also be useful to draw up an absence from work report with the signature of two witnesses (for example, colleagues of the absentee).

Do not forget that dismissal for absenteeism is a disciplinary measure, the application of which must be carried out in a certain manner.

So, according to Part 1 of Art. 193 of the Labor Code of the Russian Federation, before applying one or another disciplinary measure, the employer must request a written explanation of his behavior from the offending employee.

But how to do this if the employee never shows up? You should not send a request for explanations to the employee’s place of registration, and the postal item should be sent by registered mail with acknowledgment of receipt. This is the only way in the future the employer will be able to confirm compliance with the requirements of Art. 193 Labor Code of the Russian Federation.

Further, from the moment such correspondence is delivered to the employee’s address, you should wait two working days. If, after their expiration, the employee still does not provide an explanation, the employer must draw up an appropriate act about this, after which an order is issued.

How to correctly formalize dismissal for absenteeism in order to guarantee that the dismissal is declared illegal and the court reinstates the employee in his previous position? In cases of illegal dismissal based on absenteeism, the court requests a work time sheet, therefore, after drawing up an act on absenteeism, we check whether the work time sheet is filled out correctly.

In the event of a trial, the court will necessarily find out whether there were violations of the employee’s right to give explanations on the part of the employer and whether the two-day period established by part 1 of Art.

Terms of dismissal for absenteeism In accordance with Art.

They are planning to fire me.

I wanted to clarify how an absence from work report is drawn up. If I wasn't at work a month or two ago.

Everything in the report card and in the salary was fully worked out - accordingly, there was no report then. Second question. if the salary accruals are complete (and therefore the timesheet is complete), can they show absenteeism for the days when I was not present at the workplace, verbally warning about illness without filling out a sheet of paper? There is no unified document that needs to be drawn up in the absence of an employee at the workplace.

Work always involves drawing up an agreement on working conditions.

Absenteeism is defined as gross violations, and means that an employee does not attend his place of work without good reason, lasting from three hours per work shift. An employee’s absenteeism report is a document recording the fact of a worker’s willful failure to attend his assigned place.

You have the right to appeal the boss’s decision and be required to pay financial compensation for forced absence.

In conclusion, it must be said that before drawing up such a document, any employer must check whether the offense is really so serious as to take appropriate measures.

Life is an unpredictable thing; it is not always possible to clearly and timely warn about your absence.

In the event of a trial, the court will necessarily find out whether there were violations of the employee’s right to give explanations on the part of the employer and whether the two-day period established by part 1 of Art. 193 of the Labor Code of the Russian Federation. It should be remembered that according to Part 6 of Art. 81 of the Labor Code, it is not permitted to dismiss an employee for absenteeism during a period of temporary incapacity for work or while on vacation.

Disciplinary action can only be taken after all the steps described above have been followed.

Terms of dismissal for absenteeism In accordance with Art.

193 of the Labor Code, an employee may be dismissed no later than a month from the date of discovery of the misconduct, not counting the time the employee was ill or on vacation. The timing of payments upon dismissal is established by Articles 84.1 and 140 of the Labor Code, according to which payment of all amounts due to the employee is made on the day the employee is dismissed.

Usually, employers, in the absence of conflicting relations with the employee, offer to part ways amicably and, in order not to “spoil” the work record, offer the employee, as an alternative to dismissal for absenteeism, to formalize dismissal of his own free will.

In court, the outcome of the case depends on the issue of proof and largely depends on the competent position of the party, careful work with witness testimony and the quality of knowledge of the case materials.

Recovery in favor of the employee of average earnings for the entire period of forced absence (Part 2 of Article 394 of the Labor Code).

Recovery of compensation for moral damage in favor of a dismissed employee (Part.

The head of an organization can hold paid positions in other organizations only with the permission of the authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner. Based on Article 128 “Leave without pay,” the employer is obliged to provide leave without pay in the following cases: In the first case, everything is much simpler: a memorandum and a certificate of the employee’s absence from the workplace are drawn up in the name of the manager.

Firstly, it is necessary to draw up an act of absence of the employee from the workplace on the day of his absence. (We keep a log of arrivals and departures just in case) But dismissal for absenteeism is a risky business, especially if you want to fire him retroactively.

We invite you to read: Concluding contracts for cold water supply and sanitation

You just might run into a stubborn employee, and he will sue you. Practice from life: I have one friend who simply skipped. 1 answer. Moscow Viewed 136 times.

Asked 2012-04-01 11:52:53 0400 in the topic “Labor Law” Was I legally fired? (details inside). — Was I fired legally?

(details inside). more 1 answer. Moscow Viewed 87 times. Asked 2012-12-02 09:20:18 0400 in the topic “Labor Law” Pregnancy and management’s reluctance to fire at will - Pregnancy and management’s reluctance to fire at will. The situation is complex, and the first thing you should do is check whether your employee is even entitled to receive guarantees and compensation associated with combining work and training.

Is it possible to fire an employee for absenteeism if he did not show up for work on the day of dismissal of his own free will (upon reaching retirement age), but said over the phone that he would take the work book 07. 01/14/13-01/15/13 I verbally asked for time off from director, because I felt bad. I couldn’t open a sick leave, I didn’t have my insurance card with me, so the doctor wrote out a certificate that I had pyeloniphritis and I needed bed rest for two or three days.

Today, 02/11/13, I came to the office in order to submit an application with a request to pay me the amount due upon dismissal, in accordance with Article 140 of the Labor Code of the Russian Federation, and he invited all the employees as witnesses and began to interrogate where I was 14.

Who is considered a violator of labor discipline?

A worker who does not comply with working conditions is considered a violator if: A disciplinary sanction for violation of discipline can be applied only after receiving an explanatory note from the employee. If a decision is made to dismiss an employee, then the order is drawn up according to this sample.

There is currently no unified form established by law.

The employee’s disagreement must be recorded in the act.

The act of absence of an employee must contain the signatures of all members of the commission with a transcript. If the accused employee does not agree with the decision made, he has the right to send an appeal to the judicial authorities or the labor inspectorate. Sometimes these actions can lead to the cancellation of the fact of absenteeism if: The act is drawn up after 2 working days from the date of absenteeism and without providing the appropriate explanations.

Lawyers' answers (2)

Is it possible to register an employee retroactively in order to provide a certificate? Alyona

If you go to meet a girl, you will get problems from the tax office and insurance funds, so you did not pay taxes and contributions.

Art. 15 Federal Law dated July 24, 2009 N 212-FZ (as amended on July 3, 2016) “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”

5. The monthly obligatory payment is due no later than the 15th day of the calendar month following the calendar month for which the monthly obligatory payment is calculated. If the specified deadline for payment of the monthly obligatory payment falls on a day recognized in accordance with the legislation of the Russian Federation as a weekend and (or) a non-working holiday, the expiration date of the deadline is considered to be the next working day following it.

If you don’t register the girl, you will have problems with the prosecutor’s office and the labor inspectorate if the girl writes a complaint.

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.

Theoretically, this can be done. But you will have to transfer insurance contributions to the pension fund and compulsory health insurance. Through the pension fund, all transfers for each employee are monitored, and a penalty may be charged for non-payment.

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