When conducting the employment procedure, one should be guided by the current legislative framework. It consists of separate articles of the Labor Code of the Russian Federation, the PP and the Ministry of Labor, as well as the State Statistics Committee. It is important to know your rights and obligations in employment, so as not to get into a difficult situation.

Acceptance Process Algorithm

The scheme of registration of labor relations provides 6 main points:

1. The applicant submits the documents requested by the employer. A thorough check of their compliance with the position intended for filling is carried out.
2. A new employee gets acquainted with the internal documentation of the enterprise against signature. The most important documents include: job description, internal regulations, trade secret requirements, dress code conditions.
3. Conclusion of an employment contract in 2 copies.
4. Edition. For one employee, F No. T-1 is used, for a group - No. T-1a. The ascertaining part reflects certain provisions of the employment contract. In the main text - the name of the position and department, date of admission, salary, availability and period.
5. Registration of a personal file (if provided for in the rules of procedure), personal card F No. T-2. Information about the new employee is submitted to the accounting department, where his personal account is opened. Data on the new staff unit is entered into the time sheet.
6. Entry in the workbook. If a person is just starting his labor activity, the enterprise opens a new primary labor document for him.

Documentation for employment

The law provides (Article 65 of the Labor Code of the Russian Federation) and additional, which may be required from the applicant.

To compulsory relate:

• the passport;
• employment history;
• a document certifying the level of education;
• certificate of pension insurance;
• (for men and women liable for military service).

Additional the documents:

• information confirming registration;
• a document on the passage of a medical examination (if the specifics of the enterprise require a mandatory medical examination, it is paid at the expense of the enterprise), more about the medical examination during employment -;
• letters of recommendation.

All documents must be authentic. If forgery is detected, the employee is fired in accordance with the requirements of Art. 81 of the Labor Code of the Russian Federation. If the submission of false documents is intentional, the employee will face criminal liability.

You can learn more about the documentation that may be required from the applicant from the video presented to your attention.

Features of employment

When designing a workplace, attention is drawn to which category the employee belongs to. For some, the standard scheme is acceptable, for others there are special working conditions, benefits, reduced working hours, additional leave.

The job seeker must present documents proving his belonging to a special category, for example:

• certificate confirming disability, more about the employment of people with disabilities -;
• medical certificate of pregnancy;
• metrics for children, marriage certificate.

All these certificates must be submitted independently. The employer cannot demand them, because he does not know the details of a personal nature. If the applicant does not take care of himself and does not declare his belonging to the privileged category, the manager is not required to comply with the legislation for special categories.

When applying for remote work, all necessary documents are prepared and sent in electronic format. It uses electronic signatures.

The applicant must also prepare a paper version, make copies, notarize and send by regular mail.

The employment contract is also drawn up digitally. At the request of the employee, the employer can send a copy of the contract printed on paper.

Fixed-term contract: characteristic differences

In Art. 58 of the Labor Code of the Russian Federation indicates cases in which an employment contract (TD) is concluded for a certain period, in particular from 1 to 5 years or other periods in accordance with the working conditions.

Its main difference from the indefinite termination of labor relations in a more simplified system: the manager informs the employee of his decision to terminate the TD. He has the right not even to explain the reasons for terminating the contract (Article 79 of the Labor Code of the Russian Federation).

In practice, it turned out that this feature of a fixed-term contract does not at all protect the rights of a working person. Although it is a convenient tool for the employer to conduct their own personnel policy. However, such an approach is fraught with violation of the rights of workers and, to some extent, contributes to the destabilization of relations between the employer and the employee.

Taking into account these factors, changes (restrictions) were introduced into the legislation that regulate the protection of the interests of both the employer and the worker.

In part 2 of Art. 59 of the Labor Code of the Russian Federation provides for the division of a fixed-term contract into 2 types:

1. A fixed-term contract, which is drawn up in the case when an open-ended contract is impossible (part 1 of article 59). The working conditions are such that the consent of the parties is not even required.
2. A TD is concluded after prior mutual agreement (part 2 of article 59).

Now the maximum term of TD is 5 years. Other terms may be established on the basis of other regulatory enactments.

Combination and part-time work

In Art. 60.1 and 60.2 of the Labor Code of the Russian Federation fixed 2 main features associated with hiring part-time.

The first feature (Article 60.1) indicates the presence of 2 types of combination:

1. Internal - combining positions in one enterprise.
2. External - the performance of official duties in various companies.

In Art. 60.2 refers to the need for a fundamental distinction between the concepts of combination and combination.

The combination of positions is the performance of additional work in the absence of an employee (on vacation, on sick leave or for other reasons), who performed it earlier. This type also includes the expansion of duties that require additional workload.

Registration of combination is carried out by order of the organization. With the written consent of the employee, the amount of work increases and, accordingly, an additional payment is made.

Part-time work is drawn up according to general rules, regardless of whether it is internal or external. Admission is issued within the framework of the requirements of Chapters 10 and 11 of the Labor Code of the Russian Federation.

The regulation of labor rights and obligations takes place on the basis of an employment contract.

In part 2 of Art. 59 of the Labor Code of the Russian Federation indicates the reasons for concluding a fixed-term contract. In other cases, an ordinary conciliation document is drawn up.

In Art. 57 of the Labor Code of the Russian Federation fixes the features of the content of the labor contract, taking into account the following features:

• be sure to indicate that part-time work;
• it is necessary to determine the specific workplace of the employee, who, due to part-time work, may be absent from the main job;
• indicate the principle of payment (Article 285 of the Labor Code of the Russian Federation): for the hours actually worked, according to the results of work or according to other criteria;
• clarify the procedure for granting leave (Article 286 of the Labor Code of the Russian Federation);
• respecting the provisions of Art. 284 of the Labor Code of the Russian Federation, determine the period of working time (no more than 20 hours per week).

Legislative requirements: restrictions for hiring part-time workers

In Art. 282 of the Labor Code of the Russian Federation establishes restrictions that must be observed when applying for a part-time job:

• workers under the age of 18 cannot be hired for this type of work;
• it is not allowed to register a part-time worker for a harmful type of work if his main activity is also related to hazardous production.

In accordance with the requirements of other regulatory documents, the combination of such positions is prohibited:

• judges (Article 3 of the Federal Law “On the Status of Judges”);
• employees in the Armed Forces of the Russian Federation (clause 7, article 10 of the Federal Law “On the status of military personnel”).

Personnel check

Hiring is accompanied by a personnel check, which is carried out according to the following parameters:

• the data for reliability specified in the summary are specified;
• determination of the authenticity of submitted documents;
• verification of data from the biography to identify possible facts, the presence of which is unacceptable for filling a specific position;
• reviewing references from a previous employer and verifying the validity of estimates;
• it is specified whether the applicant is not previously convicted, an offender, whether he has penalties in the form of fines;
• studied credit history.

Verification of information about each employee significantly reduces the risk of hiring a person who, for one reason or another, does not correspond to the position held. This approach minimizes possible losses that may occur when an employee is dishonest or incompetent.

The verification process has three levels:

1. Surface. It is advisable to carry it out if the upcoming position does not concern responsibility for material values. In this case, only a verification of personal data is carried out and it is determined whether there are or are not specific facts that are not compatible with employment.
2. Average degree. In addition to the superficial implementation, an interview is conducted using a methodology for determining how sincerely the applicant answers questions. The submitted data and the results of the interview are analyzed, and the employer makes a decision: to accept or.
3. Deep Check is necessary when applying for a materially responsible position and (or) providing for the need to make managerial decisions. All the above methods are applied, as well as the circle of acquaintances, neighbors is studied, their opinions about the candidate are surveyed. Among the respondents may be a district police officer at the place of residence of the applicant. In special cases, a polygraph may be used. The information obtained is the basis for a thorough analysis and drawing up a psychological portrait. Depending on how he meets the criteria for a positive decision, the final conclusion is made about the fate of the candidate for the position.

This video provides information about the interview: what recruiters pay attention to when choosing a candidate for a position, as well as practical tips on how to please the employer.

Job training

Conducting a briefing is a measure that is necessary for both parties: the employer, so that undesirable events do not occur at his enterprise (accidents, production shutdowns, failure to fulfill the plan, violation of discipline), for the employee, in order to ensure his safety and guarantee the quality performance of his duties.

Instruction is carried out in stages in the following sequence:

1. When applying for a job.
2. periodically during work.
3. Before carrying out particularly dangerous work.

The first briefing for a new employee is introductory, in order to educate and comply with safety regulations.

To prevent negative situations, the employer must organize the following conditions at the enterprise:

• develop an action plan aimed at ensuring a safe mode of operation;
• for organizations with special conditions (increased complexity, harmful, with specific types of production) there is a need to take special courses;
• for strict compliance with the requirements of TB and PB, approval of a set of measures;
• preparation of teaching materials (instructions, recommendations, set of rules).

Instruction for newly hired employees is divided into the following types:

1. Introductory- familiarization with the instructions, after studying which a special journal is marked with the signature of the employee or the person who conducted the lesson.
2. Primary– study of the conditions, acquaintance with especially important (dangerous) areas of work, where utmost care and compliance with the requirements to prevent injuries, accidents or accidents throughout the enterprise are required. The fact of passing is reflected in the register and entered in the personal card of the new employee.

When performing particularly complex work, primary briefing is not enough. In this case, you need to take special courses. To do this, the applicant must undergo training according to a previously developed program.

After training, the employee receives a certificate issued by a special commission. She decides on the results of the training of the employee. If the assessment is positive, he is allowed to work.

Making an entry in the workbook

Labor is designed to perform the following functions:

• fixing information about admission, relocation, part-time employment, dismissal, indicating the reasons;
• reflection of data on awards;
• when calculating a pension, confirms the length of service;
• for registration of social benefits confirms the insurance experience.

The regulation of labor management is carried out by the following legislative bases:

• The Labor Code of the Russian Federation gives a clear description of the concept of this document, sets out the basic rules for storage, maintenance, contains information on the sequence of actions during their execution.
• the Code of Administrative Offenses of the Russian Federation reflects the criteria for the level of responsibility of the head for the incorrect maintenance of this type of document.
• RF PP No. 225 "On work books" offers a sample document and insert.
• Decree of the Ministry of Labor and Social Development of the Russian Federation No. 69 “On approval of instructions for filling out work books” normalizes the process and proposes an algorithm for eliminating inaccuracies and errors.

The entry in the labor must be drawn up with the utmost accuracy and compliance with the rules. Mistakes can negatively affect the future fate of its owner (when calculating a pension, moving to another job).

Decor The document begins with filling in the title page:

1. full name of the employee. When changing the surname, the correction is made by crossing out the previous surname with the indication of the number of the supporting document (for example, marriage certificate).
2. Detailed date of birth.
3. Indication of education. After the employee receives a diploma, a record is made of the acquired professional level without crossing out the previous one.
4. Speciality.
5. Date of issue of the document.
6. Seal of the enterprise, the signature of the employer and the owner of the document.

1. The serial number is entered in the first column.
2. The date of admission is the second.
3. The third column is a detailed text on hiring, indicating the name of the organization, department, sector, workshop and position.
4. The fourth is the order date and number.

In the photo below, you can see what the entries in the work book look like. The first photo shows a regular job entry, the second shows a part-time job entry.

The recruitment process requires strict compliance with all requirements of the current legislation. The employer, of course, primarily cares about the interests of the enterprise, but his actions should not infringe on the rights of the employee.

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 whether 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 established by the federal executive body responsible for the development and implementation of state policy and regulatory legal regulation in the field of internal affairs, - when applying for a job related to activities, to the implementation of which, in accordance with the Labor Code of the Russian Federation, other federal law, persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed.

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, other federal laws, decrees of the President of the Russian Federation and decrees 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, are obliged to inform the employer about the last place of service when concluding employment contracts.

Second step: receive a job application from an employee.
Application - a document addressed to an organization or an 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; the date.

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

I ask you to accept me for the position of senior researcher at the Laboratory of Chemical Synthesis from 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 the employee's labor activity.

We recommend that you familiarize the employee, in particular, with the instructions on labor protection, regulations on departments, regulations on attestation, regulations on trade secrets, 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, drawn up in two copies, each of which is signed by the parties. When concluding employment contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or 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 at the same time as resolving 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 (on the admission of employees), 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 a probationary period has been established, 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 who 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 is a procedure performed by personnel officers almost every day. And everything seems to be adjusted to automatism ... nevertheless, sometimes questions arise. For example, what if the employee does not have the original education document or does not have military registration documents? In this article, we will give answers to these and some other questions that most often arise when applying for a job.

Documents to be presented at the conclusion of an employment contract

Labor relations - relations based on an agreement between the employer and the employee on the personal performance by the latter of the labor function for a fee (work according to the position in accordance with the staff list, profession, specialty indicating qualifications; a specific type of work assigned), subordination of the employee to the rules of internal labor regulations when provision by the employer of working conditions provided for by labor legislation and other acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation).

Labor relations arise between the employee and the employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation by agreement. However, an agreement may also be concluded on the basis of election to a position or by competition, appointment to a position, assignment to work on account of an established quota, or a court decision on the conclusion of an agreement. In addition, labor relations may arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his representative in the case when the employment contract was not properly executed.

Article 65 of the Labor Code of the Russian Federation establishes that when concluding an employment contract, a person entering a job presents to the employer:

- Passport or other identification document. Other documents include, for example, a sailor's passport, or a sailor's identity card, since in accordance with Decree of the Government of the Russian Federation of December 1, 1997 N 1508 "On Approval of the Regulations on the Sailor's Passport" it is an identity document;

- a work book, except for cases when an employment contract is concluded for the first time or an employee is hired on a part-time basis;

— insurance certificate of state pension insurance;

- military registration documents - for those liable for military service and persons subject to conscription for military service. Such documents, on the basis of clause 28 of the Regulations on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 N 719, include a certificate of a citizen subject to conscription for military service (for conscripts) and a military ID (a temporary certificate issued instead of a military ID) (for those liable 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. In addition to diplomas of education, you can require other documents. For example, when you see a doctor, you need to request a specialist certificate, when you see an auditor, you need an auditor qualification certificate, etc.;

- 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 established by the federal executive body responsible for the development and implementation of state policy and regulatory 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 a criminal record, are or have been subjected to criminal prosecution are not allowed.

Regarding the last document, employers have a question: is the employee himself obliged to provide such a certificate or should the employer make a request? Of course, the employee independently applies to the competent authorities and receives 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. The employer doesn't have to do anything.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the 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 (part 2 of article 65 of the Labor Code of the Russian Federation). For example, Art. 283 of the Labor Code of the Russian Federation allows, when hiring a part-time job for hard work or work with harmful and dangerous working conditions, to require a certificate of the nature and working conditions at the main place of work. And on the basis of the Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", an employer may require a work permit from a foreign citizen.

Note! It is forbidden to demand from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

Quite often, employers, among other documents, require from an employee a certificate of registration of an individual with a tax authority at the place of residence in the territory of the Russian Federation (TIN), and if there is none, they refuse to accept. We must say right away that the request for this document, especially the refusal to hire due to the failure to provide a TIN, is a gross violation of labor legislation. You ask: how can it be without a TIN, because personal income tax must be transferred from wages and this document is simply necessary? Indeed, it is the TIN that identifies a specific person in the system of taxes and fees, and the employer will need it to transfer personal income tax, but you can only explain to the employee the need for this document.

The employer's requirement to present a document on registration at the place of residence or stay when applying for a job is also illegal. The absence of this document cannot serve as a basis for refusing to conclude an employment contract (Letter of Rostrud dated December 18, 2008 N 6967-TZ).

Note. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the employer.

If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

After presenting all the necessary documents, the employee is usually asked to write a job application. However, such a statement has lost its significance, since the signing of an employment contract is mandatory. But if you write a statement, it won’t be worse: this is an interim agreement on going to work, which, purely psychologically, can be important for the candidate. In addition, if this is the first place of work of a person, then at the end of the application he writes that he has not been issued a work book before, and signs it, which means that the employer needs to have a work book.

Note that in some cases the application is still necessary (in most cases in government agencies). In particular, when entering the municipal service, a citizen is required to submit an application with a request for admission to this type of service (Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation").

Familiarize yourself with local regulations

Based on 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 the internal labor regulations, other local regulations directly related to the employee’s labor activity, the collective agreement.

Everything is clear with the internal labor regulations - they regulate the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in this employer. The employee must be familiarized with this document. But with regard to other local acts, the question arises - which of them to familiarize the employee with? We answer. It is necessary to familiarize the employee not with all the local acts available in the organization, but only with those that directly relate to his work activity. For example, these may be provisions on wages (Article 135 of the Labor Code of the Russian Federation), on the storage and use of personal data of employees (Article 87 of the Labor Code of the Russian Federation), on trade secrets, and on certification of employees.

Note! The fact of familiarization with local regulations must be confirmed by the signature of the employee. To do this, a journal of familiarization with local acts is started or the employee signs on the familiarization sheet, which is filed with the local normative act. There will be no superfluous mark on familiarization in the employment contract, for example: "I am familiar with local regulations before signing the employment contract" (then signature, date).

Why do you need an introduction, you ask. The fact is that if the employee is not familiarized with local acts relating to his labor activity, it will be problematic to hold him accountable in case of any misconduct. For example, if the employer has not developed and adopted local acts regulating the work with confidential information, or employees are not familiar with them, then no claims can be made against the employee who disclosed such information.

Employment contract and order of admission

Article 57 of the Labor Code of the Russian Federation establishes a list of conditions and information that are mandatory for inclusion in an employment contract: place of work, labor function, date of commencement of work, terms of remuneration, etc. I would like to focus on the condition of remuneration. Quite often, the following phrase is written in an employment contract: "Remuneration is carried out according to the staffing table" or "The employee's salary is set in accordance with the staffing table." To what extent do these statements comply with the law? Not at all, and here's why. Based on Art. 135 of the Labor Code of the Russian Federation, the condition on wages is a mandatory condition of the employment contract and its amount is determined in it in accordance with the wage systems in force for this employer. The official salary is a fixed amount of wages (Article 129 of the Labor Code of the Russian Federation). And in the employment contract, the terms of payment must be fixed without fail, and Art. 57 of the Labor Code of the Russian Federation specifies that it is necessary to indicate the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments.

Note. If the employee started work with the knowledge or on behalf of the employer or his representative without concluding an employment contract, the employer is obliged to draw up such an agreement with him in writing no later than three working days from the date the employee was actually admitted to work (Article 67 of the Labor Code of the Russian Federation).

We will not consider the wording of other terms of the employment contract - this is a topic for a separate article. We only add that the employment contract is concluded in writing in two copies, each of which is signed by the employee and the employer (Article 67 of the Labor Code of the Russian Federation). One copy is given to the employee and the other is kept by the employer. At the same time, we recommend that you take from the employee a written confirmation of receipt of a copy of the employment contract. It is best if such a mark is on a copy of the contract kept by the employer.

On the basis of the employment contract signed by the parties, an order for employment is issued. Recall that since 2013, the unified forms approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 are not mandatory, therefore the order can be issued in the form approved by the organization.

In any case, the order should reflect:

- surname, name, patronymic and position of the employee;

— structural subdivision (if any);

- salary (tariff rate);

- the period of probation (if such is established in the employment contract).

You can specify other conditions that reflect the specifics of labor activity (for example, that an employee is accepted for part-time work).

Note. The content of the order (instruction) must comply with the terms of the contract.

Based on Part 2 of 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. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

We note one nuance when issuing an order - the dates of the order and the start of work may not coincide. For example, the start date of work determined by the employment contract may be later than the date on which the contract was signed and the order was issued. Or vice versa, the order may be issued later than the employee started work (with actual admission), respectively, the date of the order will be later than the date the employment relationship began.

Personal card, work book and other documents

Filling out a personal card is an important stage in applying for a job. In addition to a personal card for a scientific and scientific-pedagogical worker, the T-4 form "Record card of a scientific, scientific-pedagogical worker" is also maintained.

Why is a personal card so important? Because it records information about the employee, as well as all the events that happen to him during the period of labor activity in a particular organization - transfer, advanced training, vacation, etc. In addition, on the basis of the Rules for maintaining and storing work books with each contribution in the work book with an entry about the work performed, transfer to another permanent job and dismissal, the employer is obliged to acquaint its owner against signature in his personal card, in which the entry made in the work book is repeated. As you can see, a personal card is not just a whim, but a requirement of regulations.

Note. The personal card must be filled out by the personnel officer on the basis of the documents submitted by the employee. Then the card is certified by the signatures of the employee and personnel officer.

Is it possible to keep a personal card in electronic form? This issue is increasingly of concern to personnel officers, since electronic document management is largely replacing paper. Instructions for the application and filling out the forms of primary accounting documentation contained in Resolution N 1 do not answer the question of whether the cards should be kept in handwritten or electronic form. But since when filling out some sections of a personal card, the entries made must be certified by the signature of the employee, maintaining personal cards only in electronic form is unacceptable.

Sometimes the employee's personal card is turned into a kind of personal file, putting in it copies of documents, statements and other documents relating to the employee's labor activity. This is mistake. If the company has personal files, then personal cards can be placed in them (usually for a personal file they start a folder made of thin cardboard with strings).

Let us dwell separately on the work book, since a job entry must be made in it.

By virtue of h. 3 Article. 66 of the Labor Code of the Russian Federation, an employer (with the exception of employers - individuals who 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. Information about part-time work is entered in the employee's work book at the place of main work on the basis of a document confirming part-time work.

According to paragraph 8 of the Rules for maintaining and storing work books, an entry in the work book on employment is made on the basis of the relevant order (instruction), and no later than a week. And now we will tell you how to do it right.

The main document that establishes the rules for making entries in the work book is the Instruction for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation of 10.10. , fountain or gel pen, rollerball pen (including ballpoint), light-resistant ink (paste, gel) in black, blue or violet and without any abbreviations. For example, it is not allowed to write "pr." instead of "order", "disp." instead of "instruction", "trans." instead of "translated".

Note. The work book of the established form is the main document on the work activity and work experience of the employee (Article 66 of the Labor Code of the Russian Federation).

To make a record of admission, we will be guided by clause 3.1 of the Instruction, in accordance with which, first of all, in column 3 of Sec. "Information about the work" of the work book in the form of a heading indicates the full name of the organization, as well as its abbreviated name (if any). Under this heading:

- in column 1 the serial number of the entry being made is put;

- column 2 indicates the date of employment;

- in column 3, an entry is made about acceptance or appointment to a structural unit of the organization, indicating its specific name (if the condition for working in a specific structural unit is included in the employment contract as an essential one), the name of the position (job), specialty, profession, indicating qualifications;

- column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired (see the sample on page 30).

If the work book is drawn up for the first time, then before entering information about work, you need to indicate information about the employee on the first page (title page).

Some personnel officers in the book of people getting a job for the first time, before information about work, write the phrase "I had no work experience before being accepted into such and such an organization." It is absolutely impossible to do this - this entry is not provided for either by the Rules for maintaining and storing work books, or by the Instruction.

What to do when the employee is actually allowed to perform work, and the employment contract is concluded later? The acceptance order will be issued at a later date. For example, an employee started work on September 18, and the employment contract and order were issued and signed only on September 20. The entry will look like this:

Do not forget to register the work book in the book of accounting for the movement of work books, indicating the series and number of the book and other information provided for by the form (Appendix 3 to the Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 N 69). Upon receipt of a work book in connection with the dismissal, the employee signs in a personal card and in the book of accounting for the movement of work books and inserts in them.

Hiring a part-time job: an approximate step-by-step procedure

EMPLOYMENT OF A PART-TIME PARTNER:

Steps prior to applying for a part-time job

• Presentation of documents by the employee. Acceptance by the employer of documents from the future employee. Consideration by the employer of the submitted documents and decision-making on eme worker to work.

At this stage, it is necessary to find out whether or not the candidate has restrictions on engaging in certain types of activities (Article 351.1 of the Labor Code of the Russian Federation).

According to Art. 283 of the Labor Code of the Russian Federation, when hiring for a part-time job with another employer, an employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or a duly certified copy, and when hiring with harmful and (or) dangerous working conditions - a certificate of nature and working conditions at the main place of work.

When making a decision on hiring, it should be remembered that part-time work is not allowed:

Persons under the age of eighteen;

At work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions;

A number of prohibitions and restrictions on part-time jobs have been established for judges, prosecutors, police officers, military personnel, civil servants, municipal employees, etc.

The employer (personnel employee or other authorized person) gets acquainted with the submitted documents, checks their authenticity.

If the parties make a decision on the employee’s employment with the employer, then in the future the employer (personnel employee or other authorized person) makes copies of the documents and certifies them (if necessary, placing such copies in the employee’s personal file in cases where the employer maintains personal cases of employees), transfers information from the submitted documents to the employee’s personal card, then the original documents (passport, education document, etc.) are returned to the employee.

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

According to Art. 69 of the Labor Code of the Russian Federation, a mandatory preliminary medical examination at the conclusion of an employment contract is subject to:

1) persons under the age of eighteen;

3) other persons in cases stipulated by federal laws.

• 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, are obliged to inform the employer about the last place of service when concluding employment contracts.

Steps to apply for a part-time job

1. Receiving a job application from an employee.

This step step-by-step procedure for hiring a part-time job is not mandatory for most employers, because the Labor Code of the Russian Federation does not provide for the employee to submit such an application. Submission of an application is obligatory upon admission to the state and municipal service (Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation", Article 26, Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation”, article 16).

If the application for employment by the employee is nevertheless submitted and accepted by the employer, then it is registered in the manner prescribed by the employer, for example, in the register of employee applications.

2. Familiarization of the employee with the local regulations of the employer and with the collective agreement (if any).

According to part 3 of 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 the signature with the internal labor regulations, other local regulations directly related to the employee’s labor activity, the collective agreement. The job description, as a rule, is also a local regulatory act of the employer (in rare cases, it is an annex to the employment contract).

The procedure for familiarization with local regulations is not defined by the Labor Code of the Russian Federation; in practice, there are various options:

familiarization sheets are attached to the local normative act, on which employees put their signatures confirming familiarization, and the dates of familiarization (such sheets are stitched along with the local normative act),

maintaining logs of familiarization with local regulations, in which employees put their signatures confirming familiarization and indicate the dates of familiarization.

When hiring an employee, the text of the employment contract may include a phrase stating that the employee, before signing the employment contract, is familiar with the local regulations of the employer, and these acts are listed.

A certain procedure for familiarization with local regulations can be enshrined in one of the local regulations of the employer. Find out your employer's procedure for familiarizing employees with local regulations before you begin to familiarize an employee with them.

3. The conclusion of an employment contract with an 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, drawn up in two copies, each of which is signed by the parties. When concluding labor contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding labor contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or draw up labor contracts in more copies.

The employment contract must include mandatory information and conditions (parts 1 and 2 of article 57 of the Labor Code of the Russian Federation) and additional conditions may be included (part 4 of article 57 of the Labor Code of the Russian Federation).

At the same time, the employment contract with a part-time job must take into account the specifics of the legal regulation of labor with part-time workers, established by Chapter 44 of the Labor Code of the Russian Federation.

The employment contract must indicate that the work is part-time.

Please note that the conclusion of a full liability agreement is an optional step. However, it can be very useful at this stage. Let's assume that an employee does not immediately conclude an agreement on full liability, and after hiring, he already refuses to conclude this agreement. 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 not to get into such a situation and conclude an agreement on full liability before the employee’s resistance begins, even when deciding 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.

According to Art. 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) liability may be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values ​​or other property. Moreover, the lists of works and categories of employees with whom these contracts can be concluded, as well as the standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation.

The lists are currently positions and works replaced or performed by employees, with whom the employer may enter into written contracts on full individual or collective (team) liability, approved by the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85. This resolution also approved standard forms of agreements on full liability.

4. Registration of an employment contract and an agreement on full liability in the manner prescribed by the employer. For example, an employment contract can be registered in the register of employment contracts, and an agreement on full liability in the register of contracts on full liability with employees.

5. Delivery to the employee of his copy of the employment contract.

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. We recommend putting the phrase “I received a copy of the employment contract” before the signature.

If an agreement on full liability is signed with the employee, then one copy of it is also transferred to the employee.

6. Issuance of an order (instruction) on hiring.

An order to hire an employee is issued on the basis of a concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

7. Registration of an order (instruction) on hiring an employee in the manner prescribed by the employer, for example, in the register of orders (orders).

8. Familiarization of the employee with the order (instruction) on employment under the 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.

9. Solving the issue of entry in the work book.

The part-time work book is kept by the employer at the main place of work. 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.

Thus, if an employee is hired in the order of internal part-time work, then if the employee wishes (which is recommended to be drawn up by the employee’s application), an entry is made in the work book about part-time work.

If an employee is hired in the order of external part-time work, then he should be asked if he plans to make an entry about part-time work in his work book at his main job. If the employee wishes, upon his written application on the basis of Art. 62 of the Labor Code of the Russian Federation, a duly certified copy of the order for part-time employment is issued, a certificate of part-time work, so that the employee can provide them at the main place of work to make an entry about part-time work in the work book.

10. Issuance of a personal card for an employee, familiarizing him under the signature in the personal card with the entry made in the work book, with the information entered in the personal card.

According to paragraph 12 of the "Rules for maintaining and storing work books, preparing work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books", with each entry made in the work book about the work performed, translation for another permanent job and dismissal, the employer is obliged to familiarize its owner against the signature in his personal card, in which the entry made in the work book is repeated. The form of a personal card is approved by the Federal State Statistics Service.

A personal card can be registered in the manner prescribed by the employer, for example, in the register of employees' personal cards.

11. Inclusion of an employee in the time sheet, other documents.

12. If the employee is accepted on the terms of an external combination, then you can ask him a certificate from the main place of work about when he will be granted leave in the current year.

It is advisable to do this, because persons working part-time are granted annual paid leave simultaneously with leave for their main job.

Additional steps are also possiblestep-by-step procedure for hiring a part-time worker: registration of a personal file, notification of the employment of an employee to his former employer, communication of information about the employee to the military registration and enlistment office, etc.

• Registration of the personal file of the employee, if in relation to his position the employer has established the obligation to maintain a personal file. For most employers, keeping personal files is not a duty. Keeping personal files is mandatory only in cases where it is prescribed by law, for example, for civil servants, municipal employees, customs officers, prosecutors. An ordinary commercial company, for which the obligation to maintain personal files is not established by law, has the right not to keep them. But he has the right to lead, if the management considers it necessary. In this case, the procedure for maintaining personal files is determined by the employer's local regulatory act regulating relations related to the employee's personal data (for example, the regulation on personal data and maintaining personal files). Personal files can be registered in the manner prescribed by the employer, for example, in the register of personal files of employees.
• Notification to the former employer about the conclusion of an employment contract with the employee, if the hired employee is a former government employee or a former municipal employee. According to Art. 64.1 of the Labor Code of the Russian Federation, when concluding an employment contract with citizens who have filled positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, is obliged to report the conclusion of such an agreement to the representative of the employer within ten days (employer) of a state or municipal employee at his last place of service in the manner established by the regulatory legal acts of the Russian Federation. This procedure is established inRules for reporting by the employer on the conclusion of an employment or civil law contract for the performance of work (rendering of services) with a citizen who held positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation (approved by Decree of the Government of the Russian Federation of 01.21.2015 N 29) . The document that is sent to the former employer is registered in the manner prescribed by the employer, for example, in the register of outgoing documents.
• Referral to the appropriate military commissariat and (or) local authorities of information about a citizen subject to military registration, and his employment (paragraph 32 of Decree of the Government of the Russian Federation of November 27, 2006 N 719). A document that is sent to the military commissariat and / or local governments is registered in the manner prescribed by the employer, for example, in the register of outgoing documents.

Some personnel specialists, when familiarizing an employee with local regulations, ask himindicatenot only the date, but also the time of familiarization, thus emphasizing compliance with the requirement of the code that the employee must be familiarized with the employer's local regulations directly related to the employee's labor activity before signing the employment contract. Accordingly, when signing an employment contract, they ask the employeeindicatetime. We do not object to such diligence, but we believe it will be sufficient if the employee is familiarized with the local regulations of the employerindicatethe date of familiarization, and include in the employment contract a phrase stating that the employee, prior to signing the employment contract, is familiar with the local regulations of the employer (with a list of these acts).

After submitting an application for taking office to an authorized official, and certifying this application by the head of the organization, it is required to generate an appropriate document officially certifying the fact of employment.

That will be the order.

The employment order is the main document expressing the consent of the head of the organization in official form. It is regulated by the norms of article 68 of the Labor Code of the Russian Federation. This document is always issued on legal grounds, which, in this case, is the application of the applicant for the position.

Article 68

Employment is formalized by the order (instruction) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer on employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement.

After the issuance of the order, the request made by the applicant is considered satisfied. Also, the release of the document determines the beginning of the process of registration of labor relations and permission to begin official duties.

REFERENCE: Regardless of the presence of an electronic type of document, their originals on paper are required to be stored.

What are the document forms?

Orders are drawn up and executed using standard forms approved by the State Statistics Committee of the Russian Federation on January 5, 04, under No. 1.

When hiring, forms T-1 and T-1a are used.

If registration is carried out by transfer from one position to another, the T-5 form is used.

A photo

Check out what the photo of the order for employment looks like.

Journal of registration of orders for employment

Each organization, regardless of the form of ownership and the status of the founder, is obliged to keep a journal where orders are recorded. The journal has the form of a book and a specialized form in which there is a table with columns in which information about each document is entered:

• sequence number of the record;
• Date of entry;
• order number;
• type (about admission, dismissal, transfer, etc.);
• FULL NAME. employee
• employee's payroll number;
• grounds (link to the application, contract, etc.).

The sheets in the journal must be numbered, and the journal is sealed and laced. Sealing is certified by a stamp or seal, indicating the position or surname of the person who carried out the sealing.

In small companies, it is acceptable to keep such magazines made by yourself. In large organizations and institutions, it is advisable to purchase ready-made magazine forms. When all the pages of the journal are filled, a new copy is started, and the old one is removed for storage in the archive.

An example of a document is shown in the photo:

How to issue an order for employment in the form T-1a?

This form of order is convenient to use for individual entrepreneurs and founders who recruit workers by the team method.

At the beginning of the form are given:

• order details;
• release date;
• general information about the employer: name and code.

• Personnel Number;
• Full Name;
• position indicating the category and division;
• tariff rate, salary, with allowances;
• grounds for the order (employment contract);
• date of entry to work;
• employment conditions, period, probationary period.

Many do not know whether a seal is placed on the order for employment. The last column in the table is reserved for affixing the signature of each of the employees, about familiarizing him with the order. The employer signs the order below, under the table, and certifies it with a seal. Below you can download a sample and template of a job application.

How to apply for a job - see the video below:

Where and for how long are documents kept?

Orders are transferred to the personnel department, where they are filed in a separate folder according to the year of publication.

They are stored in a fireproof cabinet, as well as other documents related to a high degree of safety.

They can only be transferred from the personnel department to the archive after 5 years.

Subsequently, they must be stored in the archive for 75 years. After this period, they are destroyed in the manner prescribed by law.

ATTENTION: Any violations of the employer or an authorized official, in the direction of registration of employees, may be considered an administrative violation under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, with a fine of 10 to 100,000 rubles.

Conclusion

Labor legislation provides for the rules that apply to the preparation of orders for the employment of employees, as well as to the regulations for the storage and registration of personnel documents.