How a person is hired. Rules for hiring and its documentation. recruitment forms

According to the Labor Code, an individual entrepreneur has the right to hire employees and this process is not much different from the employer of organizations. However, Chapter 48 of the Labor Code of the Russian Federation describes the characteristics of the work of workers whose activities are related to individual entrepreneurs.

By law, every employer must formally employ employees. Within three days after the employee has started work, the employer is obliged to formalize their relationship with an employment contract and make an entry in the work book.

If the entrepreneur violates the requirements of the law, then he is liable:

    Administrative - a fine of up to 50 thousand rubles or freezing of activities for up to 90 days;

    Tax - a fine from the inspection services, depending on the severity of the violation;

    Criminal - a fine of up to 200 thousand rubles or imprisonment for up to 2 years.

In order to hire an employee, you must:

    Conclude an employment or civil law contract;

    Prepare personnel documents;

    Register with the Foundation social insurance(FSS).

A civil law contract facilitates the process of employment for an individual entrepreneur. In this case, the contract is concluded for the performance of a specific amount of work or the provision of a service and does not require registration with the FSS.

Also, regardless of what kind of employment agreement was concluded, the employer, within 30 days from the date of registration of the first employee, is obliged to register in pension fund.

Step by step registration of an employee

In order for the employer to be able to register an employee, he must provide the following package of documents:

  • Employment book (if not available, issue it yourself);

  • Military registration documents;

    Documents confirming the qualifications of the employee (diploma of higher or incomplete higher education).

Consider step by step design employee according to the Labor Code of the Russian Federation:

1. The employee must write an application for employment in accordance with the staffing table.

2. According to article 57 of the Labor Code of the Russian Federation, the employer draws up in 2 copies. One copy remains with the entrepreneur, the other is given to the employee. The contract must specify the following information:

    Full name of the employee and employer;

    Details of the organization;

    Passport data of the employee;

    Schedule;

    Information about wages and bonuses;

    labor obligations;

    Date and signature.

3. The employer acquaints the new employee with his activities and available local acts: job description, regulation on labor protection, rules of internal work schedule and etc..

4. The entrepreneur draws up in accordance with the unified form T-1 ..

5. The employer creates an employee's personal card.

6. The head makes an entry in the work book within a week from the date of conclusion employment contract.

Employee and per employee benefits

Article 136 of the Labor Code of the Russian Federation provides that an entrepreneur is obliged to pay an employee every half a month wages. The terms and procedure for payments are established by the employment contract. When calculating salaries, it is necessary to maintain personnel records and a time sheet. Late payment imposes administrative or material liability on the employer.

An employee registered under an employment contract has the right to annual paid leave and sick leave. In turn, the employer must deduct personal income tax from the salary once a month and transfer it to the budget. It is 13% and is transferred to the tax office no later than two days after the salary is calculated.

An entrepreneur who has attracted a certain number of employees becomes an employer, which means he must transfer established by law contributions. Insurance premiums must be paid by the 15th of each month. The contribution rate is 30% of the employee's salary, where 22% in the PFR, 5.1% in the MHIF and 2.9% in the FSS.

When concluding a civil law contract, the employer is not required to pay funds to the FSS, but transfers are allowed if desired.

Entrepreneur reporting by employee

With employees, the entrepreneur increases the number of reports that should be submitted to various authorities. Accordingly, it is important for the employer to know where, when and what reports must be submitted.

Reports on employees are submitted in three instances:

    Tax authority;

    Pension Fund;

    Social Insurance Fund.

The following reports must be submitted to the IRS:

Information about average headcount employees - data are submitted once a year. They must be submitted by January 20 of the following year. For example, a report for 2017 must be submitted by January 20, 2018. Information is needed in order for the tax office to control the number of employees when calculating taxes and imposing special tax regimes.

Help 2-NDFL - a report is provided once a year until April 1 for each employee. The certificate displays information about the employee's income, due deductions and income tax withheld for the past year. If the staff of an individual entrepreneur is more than 25 people, the report is submitted electronically.

Help 6-NDFL - is rented quarterly until the 1st day of the next quarter. The certificate must be submitted on time. For delay, in addition to a fine, the tax authority has the right to block the current account.

Calculation of insurance premiums - shall be submitted quarterly by the 30th day of the next quarter.

Two reports must be submitted to the Pension Fund:

Information about the insurance experience - shall be submitted once a year at the end of the year. The report must be submitted by March 1 of the following year.
SZV-M - a report must be submitted monthly by the 15th day of the next month. The document contains information about the employer and employees. For employees, the following information should be available: full name, SNILS and TIN.

Social Insurance Fund:

4 FSS - the report is submitted once a quarter by the employer who pays contributions for accidents. The report is needed so that the employer can return part of the funds paid. Information must be submitted by the 25th of the next quarter.

Registration of a part-time employee

The algorithm for hiring a part-time employee is practically the same as hiring a full-time employee. But there are several nuances:

1. Accept the application. In the application for employment, the employee indicates the desired position and the size of the rate.

2. Acquaintance with local acts under the signature.

3. Conclusion of an employment contract, where Special attention is given to points on the production of hours and the size of the rate.

4. Issuance of an order, which must contain information that the employee has been hired part-time.

5. Entry in the work book. Rate information is not provided.

When concluding an employment contract, you should calculate the number of hours for a part-time job. You must specify the number of hours worked per day, week or month. This information is needed in order to correctly calculate wages. At the same time, it is recommended to indicate the full-time salary in the employment contract, but it should be clarified that the employee was hired part-time and the salary is a smaller amount.

The law of the Russian Federation establishes a minimum wage. But, working part-time, the employee may receive less than this amount. Clarification in the employment contract will help to avoid problems with labor inspectorate and explain why the payment is less than the minimum.

Most often, workers get a part-time job, having a main job. In this case, the work book remains in the main place and no records of part-time work are recorded.

Making a temporary worker

In progress work activities there are situations when the employee goes to maternity leave or draws up a long-term sick leave. The employer is forced to attract an additional person to carry out labor duties, a temporarily absent employee.

An entrepreneur can resort to several options.

Transfer duties to another employee working for him.

In this case it consists additional agreement and an order is issued. The documents should include information about additional work responsibilities and changes in wages. Apart from their labor functions, the employee is obliged to fulfill the assigned additional duties.

Transfer of an employee to a temporarily vacant position. Previous duties are completely removed from the employee and new ones are assigned. You can stay in positions in connection with the transfer for no more than a year. The entry in the work book is not entered. As soon as the absent employee returns, the replacement employee moves to his position. To carry out the transfer, the employer draws up an additional agreement to the employment contract.

Conclusion of a fixed-term contract.

Can replace an absent worker new employee with which it is concluded. The contract is drawn up in the same way as an open-ended one, but a clarification is prescribed that the employee is hired to replace a temporarily absent employee. If the date of return of the employee is known, it is possible to limit the work of the new employee to specific terms.

Employment involves a series of actions, the sequence of which must be observed. It is especially important to correctly and competently document the fact of the conclusion of reimbursable relations between the employee and the employer.

First step: when hiring, it consists in the consideration by the employer of the submitted documents and making a decision on hiring an employee.

At the first stage, it is necessary to find out if the candidate has restrictions on engaging in certain types of activities (Article 351.1 of the Labor Code of the Russian Federation). Perhaps he has restrictions on the job for which you are going to accept him.

Documents presented by the employee when concluding an employment contract:
– passport or other identity document;
- a work book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis;
— insurance certificate of state pension insurance SNILS;
- military registration documents - for those liable for military service and persons subject to conscription for military service;
- a document on education and (or) qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;
- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form that are established federal agency executive power, performing the functions of developing and implementing state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, to which, in accordance with the Labor Code of the Russian Federation, other federal law, persons who have or had convictions that are or have been prosecuted.

In some cases, in the step-by-step procedure for hiring, taking into account the specifics of work, the Labor Code of the Russian Federation, others federal laws, decrees of the President Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

  1. Medical examination of an employee in cases provided for by law.

Mandatory preliminary medical examination at the conclusion of an employment contract, in accordance with Art. 69 of the Labor Code of the Russian Federation are subject to:
- persons under the age of 18;
- other persons in cases provided for by the Labor Code of the Russian Federation;
— other persons in cases stipulated by federal laws.

  1. Providing required information to the employer.

According to Art. 64.1 of the Labor Code of the Russian Federation, citizens who held positions, the list of which is established by the regulatory legal acts of the Russian Federation, after dismissal from the state or municipal service within two years, when concluding employment contracts, they are obliged to inform the employer of information about the last place of service.

Second step: receive a job application from an employee.
Application - a document addressed to an organization or official, with a request for admission, dismissal, transfer, leave, consideration of a complaint, etc.

The application is drawn up either by hand in any form, or on a stencil form. The application includes the following details: addressee (to whom it is addressed); addressee (from whom it is written); address data of the addressee (where he lives, phone, passport data on request); type of document; text; signature; date of.

The application is not an indispensable document, because the law does not require the mandatory presence of this application, but it may be useful.

Firstly, in the application, you can enter the information necessary for the employer to issue a personal card, for inclusion in a personal file.

Secondly, in cases of disputes about working conditions agreed by the parties. Disputes may arise regarding working hours, working hours, etc. Mostly disputes occur when, after the application, the employment contract is not drawn up or is drawn up, but does not contain all the conditions agreed by the parties.

The application form can be arbitrary, but must comply with all the requirements of GOST R6.30-2003. For example,

Director of NII AK
I. V. Ivanov
Petrov Ivan Ivanovich
residing at:
st. Mira, d.1, kv.1,
Moscow city

Statement

Please accept me for the position of senior researcher laboratory of chemical synthesis since 24.08.20014.

Personal signature I. I. Petrov

If the application from the employee was accepted, then it should be registered in the relevant Application register.

Third step: familiarize the employee with the documents.

According to Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with a number of documents:
- job description;
- internal labor regulations;
- a collective agreement, if it is concluded, as well as with other local regulations directly related to labor activity worker.

We recommend that you familiarize the employee, in particular, with the instruction on labor protection, regulations on departments, regulations on attestation, regulations on trade secret, regulations on remuneration and bonuses, job descriptions, as well as work schedules, shift schedules.

Fourth step: conclusion of a written employment contract with the employee and if there are grounds for an agreement on full liability.

According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, is drawn up in two copies, each of which is signed by the parties. When concluding employment contracts with separate categories employees by labor legislation and other normative legal acts containing norms labor law, it may be necessary to agree on the possibility of concluding employment contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies. Employment contracts are registered in the Book of Registration of Employment Contracts.

Please note that the conclusion of a full liability agreement is not a mandatory step. However, at this stage it can also be very useful. Let's assume that an agreement on full liability is not immediately concluded with an employee. And after hiring to conclude this contract, he already refuses. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to conclude an agreement on full liability, whether it is possible to punish or dismiss those who are recalcitrant. Among lawyers, judges, inspectors, there are different points of view on this matter. And in order not to prove your position to someone in case of an unpleasant event and avoid unnecessary problems, it is better to conclude an agreement on full liability not much later, but simultaneously with the decision on the issue of hiring and applying for a job. At the same time, do not forget that the conclusion of such contracts is possible only with a circle of employees strictly defined by the legislator.

If the enterprise is Book of registration of agreements on full liability, the concluded contract should be registered.

Fifth step:give the employee a copy of the employment contract.

Ensure that the employee affixes a signature on the copy of the employment contract transferred to the employer, confirming that the employee has received his copy of the contract. We recommend putting the phrase “I received a copy of the employment contract” before the signature. According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

Sixth step: issuing a job order.

The order (instruction) on employment is issued in the form T-1 (on the admission of an employee) or T-1a (about hiring workers), approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 dated 05.01.2004. on the basis of the concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

Note: The unified form applies “to organizations, regardless of their form of ownership, operating on the territory of the Russian Federation” (clause 2 of the Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004).

When developing an “amateur” form, there is a risk of not specifying any of the mandatory details or conditions, for example, whether the work is the main one or part-time, whether probation, wage conditions. And this will lead to negative consequences in the event of a dispute with the employee in the future.

Seventh step: register an order about hiring an employee Journal of registration of orders(orders).

Eighth step: familiarize the employee with the order(instruction) on employment against signature. According to Art. 68 of the Labor Code of the Russian Federation, the order (instruction) of the employer on hiring is announced to the employee against signature within three days from the date of the actual start of work.

Ninth step: make a record of employment in the work book.

According to Art. 66 of the Labor Code of the Russian Federation, an employer (with the exception of employers - individuals, which are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. If the employee does not have a work book, then the employer draws it up. At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

Tenth step: it is necessary to make an entry in the Book of accounting for the movement of work books and inserts to them.
The forms of the Book of accounting for the movement of work books and inserts to them and the income and expense book for accounting for forms of work books and inserts to them were approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Eleventh step: issue a personal card for an employee, to familiarize him against signature in a personal card with the entry made in the work book, with the information entered in the personal card. The personal card form T-2 was approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. The rules for issuing a personal card are discussed in the lecture "Personal Card".

Twelfth step: file a personal file of an employee, if in relation to his position the employer has established the obligation to maintain a personal file. A personal file involves the execution and acceptance of various kinds of documents. About the rules for completing and maintaining personal files, we will consider in the lecture "Personal File"

Thirteenth step: include the new employee in the time sheet and other documents.

Hiring a new employee today is associated with the need to verify personal data, draw up a large number of documents, and often go through medical examination. And you also need to make sure of his competence and work experience. How to hire an employee in accordance with all the requirements of the current legislation?

preliminary stage

Before you start processing documents, you should make sure that the applicant for the position corresponds to it: necessary education, work experience and good health.

As for competence and compliance with the requirements for the position, this is clarified during the interview or competition for the position (if provided). But the state of health is assessed by a special medical commission. True, not all organizations require applicants to undergo a medical examination. But there are categories of people who are required to do this by law. These include trade workers, Food Industry, employees of law enforcement agencies and those who apply for work in conditions of increased danger. In addition, a minor can also be hired only after he passes a medical examination.

Preparation of documents

If the preliminary stage is passed, and the person is suitable for the employer in terms of education, experience and health status, familiarization with job descriptions and the contract begins. It is worth noting here that an individual can be employed only under an employment or civil law contract. In the first case, it implies the inclusion of an employee in the staff of the enterprise and making an entry in the work book (for part-time workers, this is done at the request of the employee). And cooperation under a civil law contract does not imply such actions and, accordingly, neither sick leave nor vacation pay is paid.

Labor contract

If an employee is hired, an employment contract is concluded with him, which details all the conditions for cooperation: work time, rest, work schedule, salary, allowances (if any), as well as the rights and obligations of the parties - the employee and the employer. Everything that is indicated in this document should not contradict existing legislation. Otherwise, it may be invalidated.

Worthy of special attention functional responsibilities which must be detailed in the contract. True, they can be issued in the form of an annex to it. And, of course, a probationary period (if any) must be indicated. Its size by law cannot exceed three months.

The Labor Code clearly articulates how to hire a person, indicating in Art. 67 that an employment contract can only be in writing, in two copies, with the signatures of both parties and the seal of the organization. It should include both mandatory provisions and additional terms, which are mentioned in Article 57 of the Labor Code. One copy of the document remains in the employee's personal file, and the second is given to him in his hands.

An employment contract can be of two types

  • urgent (contract) - it is concluded for a certain period, which can be expressed both in a clear date and in the wording “during the vacation of the main employee”; in the second case, the work is temporary, and the end date of work must be sought in the order for the vacation of the main employee
  • perpetual - such provides permanent job no end date

Material liability

How to properly employ an employee who will be responsible for material values? Draw up an agreement on full financial responsibility!

Today, employers prefer to immediately conclude an agreement with him on full liability. Of course, it can be concluded later, but due to the fact that quite often employees subsequently refuse to sign such an agreement, employers prefer to formalize everything upon admission.

This document is especially important for employees of trade, logistics, transport, and warehouse complexes. But today, employers prefer to conclude a liability agreement with all employees, since almost every employee has material resources at his disposal, for example, a desktop, office equipment and other property for which he is financially responsible.

The full MO agreement is also concluded in two copies, one of which is issued to the employee, and the other is filed in a personal file.

Trade secrets are valuable

Some commercial organizations conclude with their employees also an agreement on trade secrets and its non-disclosure. This practice exists in all Western companies, and today it is actively used in our country.

Application for admission

You can hire an employee only after he writes an application for admission, and the head of the organization endorses him.

First, the application must be approved by the head of the structural unit in which the applicant is employed. And only after that it will be considered by the head of the enterprise.

The application must contain the resolution of the head and a note on the execution of the document (incoming number and date). If the result is positive, the acceptance of documents and employment continues.

Registration of an employment contract

Many employees of human resources departments often confuse the sequence of actions when hiring an employee. According to the law, an employment contract is first concluded with an employee, and only then an order for admission is issued. Signed contracts (labor, liability and trade secrets) are registered in the registration book, and the second copies are given to the employee on hand against signature.

The order of acceptance to work

The employment order and the employment contract must be identical in meaning. The order (form No. T-1) is signed after an employment contract has already been concluded with the employee. It indicates the position of the employee, the probationary period, structural subdivision where the employee will work, the nature of the work, the conditions for hiring (permanently, part-time, in the order of transfer, temporarily). The employee must familiarize himself with the order and confirm this fact with a personal signature within three days from the start of work.

There are situations when an employee who has concluded a contract does not go to work. In this case, the contract is canceled, and an entry in the work book is not made.

Employment history

After the employee has read the hiring order, the personnel department can fill out a work book. The entry is made after the first five working days, provided that the work is the main one.

If the employee does not have a work book, the employer must issue it. And if the employee also works in another organization as a part-time job, then at his request and on the basis of supporting documents, an entry about part-time work can be made in the book.

The work book itself is registered in the book of accounting for the movement of work books.

Personal card and personal file

Most enterprises today draw up a personal file for each employee, in which second copies of contracts, questionnaires, autobiographies, copies of education documents are filed. But a personal file may not be drawn up, but the personal cards of employees at the enterprise must be mandatory. Their forms are unified forms - T-2, T-2GS (for civil servants) and T-4 (for scientists).

Personal cards are maintained only on hard copy, and all information about the employee's transfers, his vacations and other things is brought to the employee against signature.

Registration with various Funds and tax authorities

After concluding an employment contract, it must be registered with the Pension Fund and the Social Insurance Fund. If this is not done, then penalties will be imposed on the employer.

Features of hiring certain categories of applicants

Minors can only work from the age of 14, with the consent of one of the parents and after passing a medical examination. However, they can only perform light work. Those who combine work and study cannot work more than 4 hours a day, and the maximum working day is 7 hours (for persons 16-18 years old). In order to conclude an employment contract, a minor must submit to the personnel department of the enterprise a passport, a birth certificate, a copy of the passport of one of the parents, permission of one of the parents, drawn up in any form, a certificate or a certificate from educational institution with class schedule. In addition, if a minor has a TIN, SNILS and registration certificate, they must also be provided to the employer.

Today, only those organizations that have received permission for this can employ a foreign citizen, and if Foreign citizens arrived in the Russian Federation under the visa regime, they themselves can obtain such permission. In this case, they can be hired by almost any organization. But there are categories of foreigners who do not need a work permit. These include foreign citizens temporarily or permanently residing on the territory of the Russian Federation, migrants, accredited foreign journalists, foreign students and employees of foreign legal entities working in Russia. And if we are talking about a highly qualified specialist (his salary must be at least 2,000,000 per calendar year), then a potential employer submits an application for a work permit.

Part-time employees are considered to be employees whom the company decided to hire part-time.

An employment contract is also concluded with such employees, but it states that the employee performs part-time work, in his spare time from his main job. In this case, a person can be a part-time worker in several organizations.

You can work part-time both in your institution and in another. Those who work both in their main job and part-time at the same enterprise are not required to provide additional documents. And here external part-timers must provide the employer with a passport, a document on education and a certificate from the main place of work on the nature and working conditions.

At the same time, minors, judges, prosecutors, military officers, representatives of the Ministry of Internal Affairs cannot be registered as part-time workers (everyone, except for minors, can be engaged in scientific or teaching activities part-time), as well as employees of the transport sector or hazardous industries for similar positions in other companies.

How to properly recruit, what steps to take and in what sequence, what documentation will be required? We will consider all these questions in this article.

Implementation of virtually any commercial activities, as a rule, involves the involvement of hired workers. As regards such organizational form, as an LLC, then such circumstances arise with 100% probability, because at least one employee - the director - is on the staff. An individual entrepreneur does not always resort to hired labor, according to the specifics of his activity, he can cope with the entire range of duties alone. But, with the consolidation of the business and its development, usually the logical continuation is the hiring of employees.

Important: in our article we will consider the ideal procedure for hiring, both for individual entrepreneurs and for LLCs. Although for an individual entrepreneur in this structure, not all actions and documents are mandatory, from the point of view of legislation, but they are far from redundant, because they will allow you to establish full accounting and control in personnel office work.

recruitment forms

When deciding on the involvement of employees - individuals, at your choice, the legislation provides for two forms of registration of contractual relations: a civil law contract or an employment contract.

A civil law contract includes a work contract, and the requirements for its terms are regulated by the Civil Code of the Russian Federation. Chapter 37 of the Civil Code of the Russian Federation is devoted to this agreement, which discusses all the conditions under such an agreement.

If you decide to resort to an employment contract when hiring, then you should familiarize yourself with the provisions of the Labor Code of the Russian Federation, in which, from Articles 56 to 84, all conditions for the conclusion, execution and termination of an employment contract are stipulated.

Local regulations of the employer

In accordance with the provisions of article 68 of the Labor Code of the Russian Federation, the hiring of an employee must be preceded by familiarization against signature with local regulations. These documents include:

  • labor rules internal regulations.
  • Job instructions.
  • Collective agreement(if the company has a trade union). As a rule, within the framework of an LLC and an individual entrepreneur, such a document is absent due to the absence of a trade union.

The right to approval by the employer of local regulations is provided for in article 8 of the Labor Code of the Russian Federation.

All of these documents must be developed by the employer and approved by orders for the enterprise.

When developing internal labor regulations, you can refer to article 189 of the Labor Code of the Russian Federation, which lists the list of issues and provisions included in this document. Its main condition is that it must not worsen legal status employee, which is provided to him by the current labor legislation.

Assistance in preparation job descriptions you will be provided with qualification reference books approved by the Ministry of Labor for various industries and specialties. Having job descriptions will help you clearly articulate the list of responsibilities of each employee.

Important point: the development and approval of local regulations is not an obligation for individual entrepreneurs, but in terms of job descriptions for LLCs, but their presence carries only positive points consisting in more detailed accounting and planning labor relations with workers.

Employment procedures and paperwork

We have considered all the pre-stages, now it's time to move on to the immediate essence of our article.

Step 1

The employee must write an application for employment in the name of the head (IP), indicating the position in it. After considering the application, the head must put a resolution on it, in which he reflects his decision, for example, accept and issue an order.

  • All pages of the passport;
  • insurance certificate;
  • Document on education;
  • Military ID (for those liable for military service).

If this is not the first place of work, then a work book is also provided. In the event that this is the first job, then you will have to start a work book for this employee. In the absence of an insurance certificate, you also have to issue it to the FIU for an employee.

Step 2

The conclusion of an employment contract with an employee must be carried out in writing, and this document is drawn up in two copies, one of which is transferred to the employee.

Step 3

On the basis of the documents received and the application, an order for employment is signed. The order form T-1 is approved. The order is registered in the register of orders on personnel issues. It can be purchased at any bookstore or stationery dealer.

In accordance with the provisions of Article 68 of the Labor Code of the Russian Federation, within three days you must familiarize the employee with the issued order against signature.

Step 4

Information about the received work book you must enter in the registration log, the form of which is approved by the Decree of the Ministry of Labor of Russia No. 69, dated October 10, 2003

Step 5

Now fill out the personal card of the employee of the T-2 form, approved by the RESOLUTION of the State Statistics Committee of the Russian Federation No. 1, dated 01/05/2004.

The employee must put his signature on the completed card, thereby confirming the acquaintance with all the information entered there and their approval.

Recommendation: additionally, you can create a personal file for each employee, which will store all documents related to a particular employee, starting with the job application and provided copies of documents, and then continuing to file all applications and orders according to this employee in the process of working it. Such a document flow will greatly simplify your search in the future. necessary information by employee.

STEP 6

If the accepted employee is liable for military service, then in accordance with Decree of the Government of the Russian Federation No. 719 of November 27, 2006, you must report his admission to work to the territorial commissariat or body local government.

Mandatory for IP

When hiring employees, an individual entrepreneur must register with extra-budgetary funds as an employer within the following terms:

  • In the FIU within 30 days;
  • FSS within 10 days.

Moreover, such an obligation arises at the conclusion of each new employment contract, it must be registered with the indicated bodies. You will read about how this procedure looks like and what documents are needed in the article: Registration of organizations and entrepreneurs with the FIU and the FSS.

Now you know exactly the entire sequence of actions that must be followed when hiring employees.

Many entrepreneurs hire employees, but not everyone knows how this procedure is done correctly. In this article, we will describe in detail the procedure for hiring staff and analyze all the necessary nuances.

Introduction

All the features of hiring are described as correctly and accurately as possible in the TKRF. We recommend that you study chapters 10 and 11 of the code in order to understand all the nuances of drawing up an employment contract. Also read Article 66 of the Labor Code and Decree of the Government of the Russian Federation No. 225 “On Labor Books”.

The first step is the interview and selection of applicants

This will allow you to understand the process of registration of employees and the preparation of primary documentation when hiring.

Note: rules and regulations labor code The Russian Federation operates in all federal entities. All employees are issued the same way: seasonal, temporary, part-time, permanent.

Recruitment is carried out according to the following scheme:

  1. The applicant is interviewed, you determine his competence and study the resume.
  2. If the applicant suits you, then he brings everything required documents for consideration.
  3. The applicant writes an application for employment, indicating in it the appropriate position.
  4. The employee is familiarized with normative documents, work schedule, internal charter, workplace, team. In some cases, familiarization is done against signature.
  5. An employment contract is drawn up, it is signed by both parties. An employment contract can be standard or modified to fit the realities of the enterprise.
  6. An order is issued to hire a new employee. The order is made mandatory, since its number is recorded in the work book.
  7. An employee of the personnel department or the entrepreneur himself fills out a card for an employee. It is compiled according to the classical form No. 2.
  8. After filling out the card, OK draws up a personal file for the employee and makes an entry in his labor. All employee documents are stored in the personnel department - they must be securely protected from loss.

What documents are included in the personal file

Now that you know the procedure for applying for a job, let's look at how an employee's personal file is created. An employee of the personnel department is obliged to form it immediately after the applicant is hired. It includes:

  1. Copies of all completed pages of the applicant's passport.
  2. A copy of the certificate of state pension insurance.
  3. Employment history.
  4. Registration certificate from the military registration and enlistment office or military ID.
  5. Diploma or other certificate of education (copy).

Note: if you are applying for an employee for the first place of work, then it will be up to you to fill out a labor form and an insurance certificate.

The work activity of the employee begins after the signing of the employment contract

When applying for some enterprises or specific positions, an employee may be required to additional documents. For example, a medical certificate is considered mandatory for drivers. When hiring for the civil service, the applicant must additionally fill out a questionnaire, which indicates information about relatives and other specific points. An employee of the personnel department begins to collect a personal file immediately after writing an application for employment - it immediately includes copies of a passport, diploma, labor, etc.

Acquaintance of the employee with regulations

After the application from the employee is accepted, and his candidacy is approved, it is necessary to familiarize him with the existing regulations and job responsibilities. According to the TCRF, this must be done before the signing of an employment contract by both parties. We recommend that you do this against signature, and attach the familiarization document to your personal file. Why exactly? If in the future you have any problems with an employee, then he will no longer declare that he “did not know” about certain rules in force at the enterprise.

Read also: How to become a sole trader

What should a new employee be familiar with? Mandatory with:

  1. Work schedule, internal regulations.
  2. All clauses of the collective agreement.
  3. Job responsibilities and instructions.
  4. Labor protection instructions.

If you have other acts and regulations in force at your enterprise, then be sure to familiarize the worker with them. His signature can be put either in the journal (which is designed accordingly) or on separate sheets.

Note: in some cases, acts may be annexes to a valid employment contract. When the employee signs it, he agrees with all regulations.

Familiarization with documents must be signed

Preparation of contract

Officially, the hiring of an employee is formalized by signing an agreement. He might be:

  1. Civil law.
  2. Labor.

The person who is responsible for hiring and processing employees must understand the differences between these concepts. A civil law contract allows you to hire a person to solve certain tasks for a specific salary that has nothing to do with salaries and the way they are paid in the company. An employment contract is drawn up with employees who are registered for permanent employment.

To understand the difference between these two contracts, let's look at a simple example. You have a company with 10 employees. You have decided to expand and take on production two more employees who will work in the same way as the rest of the team. In this case, an employment contract is drawn up. But in order to expand, you need to build a new workshop. You do not want to hire a third-party team for this, but employ four more employees who will work specifically on the construction of a new building. You pay them on a piece-rate basis depending on the work done.

It is noteworthy that when hiring such employees, there is no need to draw up an order and carry them through all the documents. Also, many social guarantees do not apply to employees who have signed a civil law contract. Such a design is possible only in some cases - it is not recommended to recruit basic personnel using it.

Registration of an employment contract

Now let's take a closer look at the basic rules for hiring and documenting an employee. So, he has already written a statement and got acquainted with the standards in force at the enterprise. Now it's time to sign the employment contract. It is printed in two copies - one remains with the employee, the second is in the personnel department. After that, the employee can begin to perform his duties. If it is necessary that he went to work today, then the signing of the agreement can be postponed for up to 3 days.

The employment contract may have attachments with regulations

IN this document the following information is mandatory:

  1. Full name of the enterprise.
  2. The name of the document, the date of its signing, the seal of the enterprise.
  3. The date the employee took office, the date the document is valid.
  4. If the employee is hired for a probationary period or part-time, then these items must be spelled out in the contract.
  5. Employee rights.
  6. Employee duties.
  7. Employer's rights.
  8. Employer's obligations.
  9. The procedure for remuneration, key rate.
  10. Guarantees provided by the company.
  11. Work schedule, vacation time.
  12. Responsibility of both parties.
  13. Conditions under which the contract can be terminated.
  14. Employee insurance policy.
  15. Resolution of contentious issues.

Note: It is the employment contract that is the key document that regulates the relationship between the employee and the employer. You must specify in it as much as possible in detail and clearly all the requirements and various nuances regarding working moments.

Registration of the order and personal card

After signing the TD, the official registration for the work of the employee takes place by issuing an appropriate order. The form of the order is free. This document is printed in triplicate - one is given to the applicant, the second is filed in a folder with orders for the enterprise, the third is sent to the personnel department. Remember that the order is issued on the day the employment contract is concluded - there should be no difference in dates.

 

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