When concluding an agreement with civil servants, a number of established rules must be observed.
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Incorrect execution of documents entails administrative fines, litigation and other negative consequences. Let's look at all the questions in order.
Normative documents
Regulatory documents include:
- No. 79-FZ is a law on public service that approves the financial, economic and legal framework.
- Order of the Government of the Russian Federation N 667-r.
- Decree of the President of the Russian Federation No. 609 pp. “b” clause 16 “Regulations on personal information of a civil servant, maintaining a personal file.”
- Decree of the President of the Russian Federation No. 1574 “On the register of positions in the federal state civil service.”
- Art. 64.1 of the Labor Code of the Russian Federation - the obligation of management to notify the administrative institution about the hiring of a civil servant;
- Art. 84 of the Labor Code of the Russian Federation - a ban on continuing employment relationships without notifying the previous employer.
You can read the text of the documents here:
Labor Code of the Russian Federation
Order of the Government of the Russian Federation dated May 26, 2005 N 667-r
Decree of the President of the Russian Federation dated May 30, 2005 N 609
Decree of the President of the Russian Federation dated December 31, 2005 N 1574
What does the law say?
Public service is the activity of citizens focused on a high degree of responsibility. It requires a certain level of qualifications and personal qualities. Therefore, employees are recruited in a special manner.
The legislation established a number of restrictions on selection for the civil service.
It is not allowed to accept:
- incapacitated persons;
- people for whom a court decision has prohibited activities in a certain area;
- convicted persons - if they have an outstanding criminal record;
- persons refusing to sign documents accepting an obligation to keep state secrets;
- citizens with diseases that limit the ability to perform work duties to the fullest - the acts are confirmed by a medical certificate.
What should you know?
Russian legislation provides for two options for hiring a civil servant:
- general order;
- selection on a competitive basis.
In the first case, the registration of labor relations is regulated by the Labor Code of the Russian Federation - it provides for the drawing up of an agreement.
In the second, applicants are selected on a competitive basis.
They are subject to a number of requirements:
- appropriate level of professional education;
- long period of residence in the Russian Federation;
- Russian citizenship;
- length of service or work experience;
- the level of special training corresponds to the position category;
- successful completion of the probationary period.
Detailed information about the competition must be published in the media.
Applicants are reviewed by a selection committee, which decides to select the person who best meets the requirements.
If the order is violated, disciplinary liability is provided.
What else you need to know when hiring civil servants:
- a service contract, not an employment contract, is concluded with the selected candidate;
- It is mandatory to undergo a probationary period, during which the applicant must prove himself well.
There are situations when hiring a civil servant is carried out without a competitive selection.
These cases include:
- Acceptance of transfer if the candidate meets the requirements of the position. The main condition is the consent of the relevant authorities.
- Cooperation with deputies, political and civil servants, court employees. If necessary, an inspection may be carried out.
In what cases is a criminal record certificate required when applying for a job? Why can’t you have two work books? Find out here.
How to apply for a civil servant job?
The law requires that you follow the correct procedure for hiring a new employee.
First of all, he must provide the HR department with the following set of documents:
- employment history;
- certificate of pension insurance;
- certificate of registration with the Federal Tax Service;
- certificates confirming the level of qualifications;
- certificates of income and liabilities;
- application for admission to the civil service.
Instructions for further actions:
- The applicant fills out a special form, strictly observing all the requirements. The HR specialist must check the availability of information in all required points. All information is entered manually in legible handwriting. A personal photograph of the employee is pasted into the document.
- Checking the accuracy of the information entered. If there are no comments, the questionnaire is certified by the signature and seal of the organization, then attached to the employee’s personal file.
- Familiarization with an autobiography , which reflects information about family, work activity, educational institutions, and professional skills. An example can be viewed here (file 2 sample autobiography).
- Drawing up an order for appointment to a position (file 3 order for hiring a civil servant). The document is primary.
- Signing a service contract or employment contract . This can only be done if the previous document has been completed successfully. You can see a sample here (file 4 – service contract).
You can download the above documents here:
Questionnaire
Autobiography sample
Order on hiring a civil servant
Service contract
Notification
You should know that management is obliged to inform the administration about the employment of a former civil servant - this is required by the Labor Code of the Russian Federation.
To do this, you must submit a notice containing:
- personal data (date, place of birth, etc.);
- name of company;
- date and period of conclusion of the employment contract;
- job responsibilities.
The document must be submitted within 10 days from the date of signing the service contract or employment contract.
It is recommended to send it by registered mail with a description of the attachment and confirmation of receipt - this way you can avoid claims from regulatory authorities. If this requirement is violated, the continuation of the employment relationship is prohibited.
Administrative responsibility:
- for the employer - a fine of 100 - 500 thousand rubles;
- for officials – 20-50 thousand rubles;
- for individual entrepreneurs – 20-50 thousand rubles.
Can a civil servant work part-time? Find out from our article. How many days is a civil servant's vacation? See here.
What to do if you are forced to resign of your own free will?
Read here. Example:
04/11/16 the administration of Novgorod hires G.N. Ryabchikov – Chairman of the Committee on Tax and Credit Policy. She successfully passed the competitive selection. What actions should HR employees take?
After checking the accuracy of the data in the questionnaire and autobiography, you must:
- Prepare an order, taking into account all the requirements for paperwork.
- Prepare a service contract, which must contain complete information about the employee, terms of cooperation, rights and obligations of the parties, and the duration of the contract.
- Send notification of admission to G.N. Ryabchikova to the previous employer until April 20, 2016.
Ministry of Transport of the Russian Federation ROSTRANSNADZOR
CONDITIONS AND PROCEDURE FOR ADMISSION TO THE CIVIL SERVICE
The conditions and procedure for entering the state civil service in the central office and territorial bodies of the Federal Service for Supervision of Transport are established by Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”.
Article 16 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” establishes that a citizen cannot be accepted into the civil service if:
- recognition of him as incompetent or partially capable by a court decision that has entered into legal force;
- convicting him to a punishment that precludes the possibility of performing official duties in a civil service position, by a court verdict that has entered into legal force, as well as in the case of a criminal record that has not been expunged or expunged in accordance with the procedure established by federal law;
- refusal to undergo the procedure for obtaining access to information constituting state and other secrets protected by federal law, if the performance of official duties in a civil service position for which the citizen is applying involves the use of such information;
- the presence of a disease that prevents entry into the civil service and confirmed by the conclusion of a medical organization. The procedure for undergoing medical examination, the list of such diseases and the form of conclusion of the medical organization are established by order of the Ministry of Health and Social Development of the Russian Federation dated December 14, 2009 No. 984n “On approval of the Procedure for undergoing medical examination for state civil servants of the Russian Federation and municipal employees, the list of diseases that prevent entry into government civil service of the Russian Federation and municipal service or its completion, as well as forms of conclusion of a medical institution";
- close relationship or relationship (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with a civil servant, if filling a civil service position is associated with the direct subordination or control of one of them to the other;
— renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state;
— having citizenship of another state (other states), unless otherwise provided by an international treaty of the Russian Federation;
- submission of false documents or deliberately false information when entering the civil service;
- failure to provide information established by the specified Federal Law or provision of knowingly false information about income, property and property-related obligations when entering the civil service;
- recognizing him as having not completed military service under conscription, without legal grounds for doing so, in accordance with the conclusion of the conscription commission (with the exception of citizens who have completed military service under a contract).
Other restrictions related to entry into the civil service, with the exception of those listed above, are established by federal laws.
In accordance with Article 21 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation,” citizens of the Russian Federation who have reached the age of 18, speak the state language of the Russian Federation and meet the qualification requirements established by the article have the right to enter the civil service 12 of the said Federal Law, as well as Decree of the President of the Russian Federation of January 16, 2020 No. 16 “On qualification requirements for length of service in the state civil service or work experience in a specialty, area of training, which is necessary to fill positions in the Federal State Civil Service.”
In accordance with Article 22 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation,” a citizen’s entry into the civil service to fill a civil service position is carried out based on the results of a competition. The competition consists of assessing the professional level of applicants for filling a civil service position, their compliance with the established qualification requirements for a civil service position and is held in accordance with Decree of the President of the Russian Federation dated February 1, 2005 No. 112 “On the competition for filling a vacant position in the state civil service of the Russian Federation "
The competition is not held:
- upon appointment to civil service positions in the categories “managers” and “assistants (advisers)” filled for a certain term of office;
— when concluding a fixed-term service contract;
- upon appointment to a civil service position of a citizen included in the personnel reserve in the civil service.
The competition may not be held for appointments to certain positions in the civil service, the performance of official duties for which involves the use of information constituting state secrets, according to the list of positions approved by order of the Federal Service for Supervision of Transport dated November 10, 2011 No. AK-1163fs “On approval of the List of positions of the federal state civil service in the Federal Service for Supervision of Transport, the performance of official duties for which involves the use of information constituting a state secret, and for the appointment of which a competition may not be held.”
By decision of the employer’s representative (in the central office - by decision of the head of the Federal Service for Supervision of Transport, in the territorial administration - by decision of the head of the territorial administration), a competition may not be held for appointments to civil service positions belonging to the group of junior civil service positions (specialist 1st category, specialist 2nd category, specialist 3rd category).
An applicant for a civil service position may be denied admission to participate in the competition due to non-compliance with the qualification requirements for a vacant civil service position, as well as due to the restrictions established by the Federal Law of July 27, 2004 No. 79-FZ “On State Civil Service” service of the Russian Federation" for entry into the civil service.
LIST OF DOCUMENTS REQUIRED FOR ENTRY INTO THE CIVIL SERVICE
In accordance with Article 26 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation,” a citizen entering the civil service, when concluding a service contract, presents to the employer’s representative:
— application with a request to enter the civil service and fill a civil service position;
— a personally completed and signed application form of the established form, which was approved by Order of the Government of the Russian Federation of May 26, 2005 No. 667-r “On approval of the application form submitted by a citizen of the Russian Federation entering the state civil service of the Russian Federation or municipal service in the Russian Federation” ;
- passport;
— work book, except for cases when official (labor) activities are carried out for the first time;
— insurance certificate of compulsory pension insurance, except for cases when official (labor) activity is carried out for the first time;
— certificate of registration of an individual with the tax authority at the place of residence on the territory of the Russian Federation (TIN);
- military registration documents - for citizens in the reserve (military ID) and persons subject to conscription for military service (registration certificate);
— documents on education and qualifications (diplomas and certificates of advanced training);
- certificates of income, expenses, property and property obligations of one’s own, spouse and minor children, filled out using special software “BC Certificates” (version 2.3.0.0), which must be downloaded from the link: https:// gossluzhba.gov.ru/page/index/spravki_bk;
— autobiography;
— certificate of state registration of acts of civil status (certificate of registration or divorce);
— certificates for existing awards;
— certificate of income in form No. 2-NDFL from the last place of work;
- two black and white and two color matte photographs measuring 3x4 cm on a white background without a corner;
- a document confirming that a citizen does not have a disease that prevents him from entering or completing the civil service - a medical certificate in form No. 001-GS/u, approved by order of the Ministry of Health and Social Development of the Russian Federation of December 14, 2009 No. 984n “On approval of the Procedure for undergoing medical examination state civil servants of the Russian Federation and municipal employees, a list of diseases that prevent entry into or completion of the state civil service of the Russian Federation and municipal service, as well as forms of conclusion from a medical institution";
— medical insurance policy for compulsory medical insurance of citizens;
- certificate of average earnings in the form established by order of the Ministry of Labor and Social Protection of the Russian Federation dated April 30, 2013 No. 182n.
Information on the issue of entering the civil service and filling vacant positions in the central office of the Federal Service for Supervision of Transport can be obtained:
— by phone Andrey Viktorovich Eremenko
— Shalabanova Oksana Vladimirovna
— by email
Information on the issue of entering the civil service and filling vacant positions in the territorial departments of the Federal Service for Supervision of Transport can be obtained on the websites of the territorial departments (link).
