Registration of an employee for work is a very important component labor relations. When preparing employment documents, you must adhere to a number of rules, otherwise problems with regulatory authorities may arise.
Procedure for hiring an employee
According to the current procedure, when hiring a new employee, you must proceed in the following sequence:
1. The applicant writes a job application and provides everything necessary documents;
2. Familiarization with signature with organizational documents that the future employee will have to follow;
3. Conclusion employment contract;
4. A personal card is created for the employee, sample N2, and a personal file is also opened;
5. A note about employment is made in the employee’s work book.
Documents that must be provided upon registration:
— identity card;
— certificate of pension insurance;
— work book;
- documents on education and military registration.
There are times when it is necessary to provide additional documents. For example, if the work involves narcotic or dangerous substances, then you must provide a certificate of financial status and a medical certificate.
Familiarization with regulations
According to current legislation, new employee is obliged to familiarize himself with the internal documents of the enterprise against signature before concluding an employment contract. These can be rules of procedure, various instructions, and a collective agreement. An employee can sign that he or she has read the documents both in the statement that is attached to the documents and in a special journal.
Drawing up an employment contract and issuing a work order
An employment contract is the main regulating document of the relationship between an employer and his employee. Everything here should be described in the smallest detail. After concluding the contract and signing all the necessary documents, the employer must issue a decree on hiring the person. The employee must provide his copy of the order and read it against signature.
Preparation of personnel documents and employee personal cards
All necessary documents are filled out by HR department employees. The employee’s personal file is also drawn up there, which indicates personal information about him, as well as all types of incentives, penalties and career advancement. The corresponding notes must be entered in work book employee.
Registration of a part-time person
In this case, the working day schedule and its amount should be clearly stated in the employment contract. The rights and responsibilities of such employees are no different from other colleagues.
Student registration
Student employment should not exceed 18 hours per week, and for such employees there is additional leave:
— a month for passing state exams;
— 15 days to pass the session;
— 4 months to defend the diploma and prepare all examination papers.
Registration of a person with a disability
The employment of a disabled person is carried out according to the accepted procedure, but the enterprise must provide him with additional benefits:
- if a person has group I or II, he should not work more than 35 hours a week;
— 60 days of additional unpaid rest and 30 days of vacation per year.
For a job that involves harmful conditions It is forbidden to take a person with a disability.
Before direct hiring and registration, there are several stages that are provided for by law, such as a medical examination, election to a position, or selection of an applicant for a position on a competitive basis, etc.
Step 1 . Honey. examination
Before an employee begins performing his duties, the employee must undergo a medical examination. This applies to the following categories of citizens:
1. Minors.
2. Persons starting work in trade, in the field catering, as well as employees food industry, must undergo a medical examination in advance (before entering work) and repeat the procedure periodically (annually for workers under 21 years of age) without fail.
Step 2. Civil contract
An individual can be hired only under a civil law or employment contract. A civil contract provides a number of advantages: contributions to the Social Insurance Fund are not mandatory, as are vacation pay and sick leave. But, this type the contract is provided only for the final result of labor, otherwise the contract will be recognized as an employment contract.
Step 3. Familiarization of the employee with job descriptions and other company standards
Job descriptions (optional)
Job descriptions are a list of employee responsibilities. Providing a job description is not necessary, but this step will help get rid of a number of problems and misunderstandings that arose between interested parties during the course of work.
Job descriptions are drawn up and signed in two copies, one copy for the employee, the other for the employer.
View and download samples job descriptions available in our special section.
Step 4. Conclusion according to staffing table employment contract
A convention agreed upon by an employer and his employee expressed in writing is called an employment contract. This agreement contains a list of rights and obligations that do not contradict the labor code Russian Federation, otherwise the contract may be declared invalid.
In accordance with Article 67 of the Labor Code of the Russian Federation, an agreement has the right to exist only in writing, drawn up and signed by the parties in two copies. When concluding employment contracts with certain categories of citizens labor legislation and other regulatory legal acts that set out the rules labor law, may provide for agreement on the likelihood of concluding employment contracts or contractual terms with certain bodies or persons who are not employers under these contracts. Or drawing up an agreement in more than two copies.
The employment contract must include certain information: mandatory conditions (Part 1 and Part 2 of Article 57 of the Labor Code of the Russian Federation), or additional conditions (Part 4 of Article 57 of the Labor Code of the Russian Federation).
An optional step is to draw up and sign a full MO agreement. But, at this stage, such an agreement can be very useful. It happens that such an agreement with an employee was not immediately concluded, and already in the process of work the employee often refuses to sign an agreement on full MO. The law does not provide for cases of resolving this situation, how to deal with a disobedient employee - force the employee to sign an agreement on full MO, or punish, or apply radical measures and fire. Lawyers, inspectors and judges have different opinions on this matter. In order not to find yourself in an unclear situation and not to prove and defend your position to someone, it is better to conclude a full MO agreement with the employee at the stage of registration and hiring. In this case, it is necessary to take into account the laws and conclude a contract only with certain employees.
The following positions must certainly be reflected in the employment contract:
1.In the employment contract you can indicate probation. In case of unsatisfactory performance, you can fire an unsuitable employee.
2. It is imperative to indicate the employee’s place of work with the designated structural unit in the employment contract.
3. In the employment contract, the employee’s responsibilities must be specified specifically and clearly, or job descriptions reflect the responsibilities.
4.The amount of wages must be specified in the employment contract.
5. There is a reflection of the employee’s rest and work schedule.
An employment contract is divided into several types: for a certain period (fixed-term agreement or contract), as well as for an indefinite period (most often used in practice). If, at the end of the contract, the employee continues to work at the enterprise, it is considered that the contract has been converted into an open-ended one. The employee must sign the employment contract in two copies. One is for the employee, and another copy is for the employer.
A sample employment contract for 2011 is available in our special section. An example of an employment contract form valid for 2011, a sample of which can be downloaded directly on this page.
If the working day is more or less a standard eight-hour day, then it is advisable to draw up a staffing table. In this situation, the employment contract states that wages are paid according to the staffing table.
Step 5. Concluding a liability agreement
An agreement on full individual training is not mandatory, but a desirable document when hiring an employee. The contract does not have a unified form, but there are established points that this document must contain
This agreement is drawn up primarily for employees of stores, warehouses, production points, and also often for ordinary office employees - in relation to office equipment. Concluding an agreement on full financial liability is also advisable when using money or other valuables in work. The agreement is signed in two copies, one copy - to the employee, the other - to the employer. You can download a sample Agreement for a complete individual MO in a special section of our website.
It is also important to note such a document as a trade secret agreement, which takes place in most of today's commercial organizations. This agreement is concluded at will; the parties sign not only the provision on trade secrets, but also an agreement on non-disclosure of trade secrets.
Step 6. The employee writes a job application
When applying for a job, the employee must draw up and sign an application. The application for employment is agreed upon by the applicant with the head of the structural unit of the enterprise in which he is hired, about which a corresponding written note (visa) is made on the application.
An application for employment must contain a resolution, as well as a mark on the execution of the document. If the job application is considered positively by the director of the company, then subsequent documentation of the applicant's hiring is carried out.
Step 7. Registration of the employment contract and the agreement on medical education in the book
Book of registration of employment contracts.
The employee who has received the MO and labor agreements signs receipt in the registration book. If something happens, the employer will always be able to prove that the employee was given these documents in person.
Step 8. Publication of the employment order.
The employment order is signed after the conclusion of an employment contract by the employee and the employer. There are unified forms of orders for hiring, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004, form No. T-1 “order or order for employment” and approved form No. T-1a “on hiring employees”.
Used for registration and accounting of employees hired under an employment contract, and its content must exactly correspond to the conditions specified in the concluded employment contract. Ideally, the employment contract and the hiring order should not only not contradict each other, but should directly coincide.
To issue an order for employment (order for appointment to a position), Form N T-1 is used - for one employee, Form N T-1a - for a group of employees. Drawed up by the person responsible for hiring for all persons hired by the organization on the basis of a concluded employment contract.
When issuing an order (instruction) on the hiring of employees, the name of the structural unit, position (specialty, profession), the probationary period, if the employee is subject to a probationary period when hiring, shall be indicated, as well as the conditions of employment and the nature of the upcoming work (part-time, in procedure for transfer from another organization, to replace a temporarily absent employee, to perform certain work etc.). When concluding an employment contract with employees for an indefinite period, the “to” column in the “Work period” details is not filled in.
The employee confirms that he has read the text of the order with a personal signature. According to current legislation, the employee is given three days from the date of actual start of work to familiarize himself with the order. After this, within 5 days from the date of start of work, the employer must make a record of hiring in the employee’s work book. Please note here: you should not rush to make this entry - it is better to wait until the employee actually goes to work, familiarize him with the order, and only after that make the appropriate entry in the work book. This is due to the fact that if an employee, having signed an employment contract, does not go to work within the agreed time frame, the organization can cancel the contract unilaterally (Article 61 of the Labor Code of the Russian Federation), and canceling an entry in the work book is more difficult.
Step 9. Reflection of the employment record in the work book.
A mark is also created in the work book. It is possible to simply accept the work book first, and then record the work. In accordance with Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers who are individuals but are not individual entrepreneurs) must keep work books separately for employees who have worked for him for five days or more, in the case where this work is the employee’s main income. The employer must issue a work book if the employee has not already had one. If, in addition to the main job, the employee also works in another job (part-time), then on the basis of documents confirming this fact, at the request of the employee, the information is reflected in the work book at the place of main earnings.
Step 10. Making an entry in the Book of the movement of work books.
It is necessary to reflect the information in the Book of Accounting for the movement of work books and inserts for these books, and we also fill out the Receipt and Expenditure Book for accounting for the forms of work books and inserts for these books. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 approved the forms of these documents. You can register personal cards of employees, for example, in the personal card register.
Step 11. Issuing a personal card for an employee
Each employee must have a personal card. Then, against signature on the personal card, it is necessary to familiarize each employee with the entries reflected in the card, as well as with the entries entered in the work book. There are unified forms approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. This is form No. T-2 “personal card”, form No. T-2GS(MS) “personal card of a state (municipal) employee”, as well as form No. T-4 “registration card of a scientific or scientific-pedagogical worker”. At this stage, it is important to remember only that the cards are supposed to be kept on on paper, since with records in them about hiring, transfers, etc. The employee should be familiarized with signature.
Step 12. Registration of the employee’s personal file (optional)
Step 13. After registration: Registration with authorities
If an employer hires employees for the first time, he must register (within a certain time frame) as an employer with the following authorities:
1.B pension fund, within up to 30 days.
2. You must register with the Social Insurance Fund within 10 days.
3.In the MHIF, up to 30 days.
Each new employment contract must be registered with:
1.Pension fund.
Refusal to register an employment contract for reasons of violation of labor legislation, low salary, or existing debt of the employer is not provided for by the legislation of the Russian Federation.
Medical insurance for an employee
For each employee, you need to obtain a medical insurance policy from the insurance company and hand it over to the employee. The employee, from March 1, 2011, must independently take out this policy.
Fines
Fines are assessed for incorrect registration, failure to register, or for failure to register in the relevant funds, in accordance with Article 5.27 Violation of labor and labor protection legislation (Code of the Russian Federation on Administrative Offences).
An individual entrepreneur is assessed a fine in the amount of one to five thousand rubles, or an administrative penalty (suspension of the entrepreneur’s activities for up to ninety days).
Organizations are assessed fines from thirty to fifty thousand rubles, or administrative punishment (suspension of the organization’s activities for up to ninety days).
Social contributions for employees and payroll taxes
The employer must pay personal income tax at a rate of 13% for each employee, and in addition to this, transfers are made from their income to the FFOMS, Pension Fund, Social Insurance Fund, and TFOMS. These deductions are calculated depending on the type of activity and the chosen tax regime.
The procedure for registering the employment of workers is regulated in detail by labor legislation. It is generally the same for all organizations, but some have their own specifics. Let's consider how to correctly register an employee's employment in a company with limited liability(OOO).
General procedure
General rules employment registration is established by Article 68 of the Labor Code of the Russian Federation:
- Initially, an employment contract is concluded with the employee;
- then, on the basis and in accordance with its conditions, the employer issues an order (instruction) on hiring;
- this order must be announced to the accepted employee against signature within a 3-day period;
- Even before signing the employment contract, the future employee must be familiarized with the collective agreement adopted in the organization and local regulations governing his work activity (internal labor regulations in force in the organization, regulations on wages and bonuses, shift schedules, etc. ).
Other labor legislation regulates other mandatory employment steps:
- presentation by the future employee of the established documents and their acceptance by the employer;
- medical examination in cases provided by law;
- concluding an agreement with the employee on full financial liability, if required by law;
- entering into the employee’s work book a record of his hiring ;
- filling out an employee’s personal card, etc.
These rules are mandatory for organizations of all types of legal forms and ownership. Their violation by the employer entails administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation.
Features vary by size
Since 2017, changes to the Labor Code of the Russian Federation have come into force. Now employers belonging to small businesses - microenterprises - regulate their relations with employees with special needs.
Micro-enterprises are classified according to paragraphs. “a” clause 2, part 1.1. Art. 4 Federal Law "On the development of small and medium-sized businesses" dated July 24, 2007 N 209-FZ, business societies registered in accordance with the legislation of the Russian Federation (this includes LLCs), economic partnerships, production cooperatives, consumer cooperatives, peasant (farmer) farms and individual entrepreneurs, meeting the conditions established in Part 1.1 of this article:
- on the amount of revenue (for the past year) and the book value of assets no more than 120 million rubles;
- O average number employees in the previous calendar year - for a micro-enterprise it should not exceed fifteen people.
What is special about micro-enterprises?
Consequently, if the employer, which is a micro-enterprise, has decided to regulate labor relations with employees bypassing local regulations, then in accordance with the requirements of Art. 68 of the Labor Code of the Russian Federation excludes the obligation for employees to familiarize themselves with them at the stage of concluding an employment contract.
In all other respects (issuing and signing an employment order, familiarizing the employee with it, entering information in his work book and other mandatory actions), the answer to the question of how to register a person for work in an LLC is: “According to the general rules.”
How to recruit correctly, 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, implies the involvement of hired workers. As for such an organizational form as an LLC, such circumstances arise with 100% probability, because at least the staff consists of one employee - the director. An individual entrepreneur does not always resort to hired labor; due to the specifics of his activity, he can cope with the entire range of responsibilities single-handedly. But, with the consolidation of a business and its development, hiring employees is usually a logical continuation.
Important: in our article we will look at the ideal hiring procedure for both individual entrepreneurs and LLCs. Although not all actions and documents are mandatory for individual entrepreneurs in this structure, from the point of view of legislation, they are far from unnecessary, because they will allow you to establish full accounting and control in personnel records.
Recruitment Forms
When making decisions about hiring employees - individuals, your choice of legislation provides for two forms of registration contractual relations: civil contract or employment contract.
A civil 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 considers all the conditions within the framework of 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, which, from Articles 56 to 84, stipulates all the conditions for the conclusion, execution and termination of an employment contract.
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 with local regulations against signature. Such documents include:
- Labor internal regulations.
- Job descriptions.
- Collective agreement (if there is a trade union at the enterprise). As a rule, within LLCs and individual entrepreneurs such a document is not available due to the absence of a trade union.
The employer's right to approve 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 of 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 should not worsen the legal status of the employee, which is ensured to him by the current labor legislation.
Qualification reference books approved by the Ministry of Labor for various industries and specialties will provide you with assistance in preparing job descriptions. Having job descriptions will help you clearly formulate a list of responsibilities for each employee.
Important point: the development and approval of local regulations is not an obligation for individual entrepreneurs, and in terms of job descriptions for LLCs, but their presence carries only positive points, consisting in more detailed accounting and planning of labor relations with employees.
Hiring procedure and documentation
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 a job application addressed to the manager (IP), indicating the position in it. After considering the application, the manager must put a resolution on it, which reflects his decision, for example, to accept and issue an order.
- All pages of the passport;
- Insurance certificate;
- Education document;
- Military ID (for those liable for military service).
If this is not the first place of work, then a work book is also provided. If this is your first job, then you will have to create a work book for this employee. If you do not have an insurance certificate, you will also have to issue one to the Pension Fund for the employee.
Step 2
The conclusion of an employment contract with an employee must be in writing, and this document is drawn up in two copies, one of which is given to the employee.
Step 3
Based on the received documents and application, an employment order is signed. Order form T-1 has been approved. The order is registered in the journal of orders for personnel matters. It can be purchased at any bookstore or retail outlet. stationery.
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
You must enter information about the received work book in the registration journal, the form of which is approved by Resolution of the Ministry of Labor of Russia No. 69, dated October 10, 2003.
Step 5
Now fill out the personal employee card of the T-2 form, approved by the RESOLUTION of the State Statistics Committee of the Russian Federation No. 1, dated January 5, 2004.
The employee must put his signature on the completed card, thereby confirming familiarization with all the information entered there and its approval.
Recommendation: Additionally, you can create a personal file for each employee, in which all documents related to a specific employee will be stored, starting with the application for employment and provided copies of documents, and then continuing to file all applications and orders for this employee during the course of his work. Such document flow will greatly simplify your search for the necessary information on an employee in the future.
STEP 6
If the hired 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 employment to the territorial commissariat or local government body.
Mandatory for individual entrepreneurs
When hiring employees, an individual entrepreneur must register with extra-budgetary funds as an employer within the following terms:
- To the Pension Fund within 30 days;
- To the FSS within 10 days.
Moreover, such an obligation arises when concluding each new employment contract; it must be registered with the specified authorities. You will read about what this procedure looks like and what documents are needed in the article: Registration of organizations and entrepreneurs with the Pension Fund of the Russian Federation and the Social Insurance Fund.
Now you know exactly the entire sequence of actions that must be followed when hiring employees.
Hiring is being processed within 3 days from the date the employee actually started working (Article 67 of the Labor Code of the Russian Federation). Read our article about what documents an employee must submit when applying for a job and how the employer formalizes his/her employment.
Hiring procedure
Hiring a person is a personnel procedure that begins the labor relationship between employer and employee. Errors in the preparation of documents are fraught with claims from outside for the company government agencies, and in the event of an incident between the parties - legal proceedings.
The procedure for hiring a newcomer depends on the organization in which he is employed (in the civil service, personnel procedures have their own nuances).
The employee’s hiring is formalized in 2 stages:
- The employee submits the documents necessary for employment and writes an application for employment.
- The employer draws up personnel documentation.
In accordance with Art. 65 of the Labor Code of the Russian Federation for employment, a citizen will need:
- passport or other identification document, for example, a passport of a foreign citizen;
- work book;
- military registration documents;
- SNILS (pension certificate);
- educational documents;
- certificate of no criminal record (for employment in the police, customs, educational institutions, FSB, bailiff service).
PLEASE NOTE! If your company will not be the employee’s main place of work, he does not have to present a work book. If an employee gets a job for the first time, the employer issues a work book and SNILS for him.
The list of documents for employment is not closed. Separate legislative acts establish the requirement for certain professions or categories of citizens to have additional documents. For example, when applying for a job, foreigners present a VHI policy, a work permit or patent, a temporary residence permit in the Russian Federation, a residence permit (Article 327.3 of the Labor Code of the Russian Federation). When hiring, the driver will be asked for a driver's license, and the seller - a personal one. medical record(Clause 1 of Rospotrebnadzor order dated May 20, 2005 No. 402).
Many employers require a TIN certificate when hiring, although this document is not included in the list established by the Labor Code of the Russian Federation. However, we recommend requesting it, since since 2016, tax authorities have tightened the rules for checking 2-NDFL certificates (letter from the Department of Taxation of Property and Income of Individuals of the Federal Tax Service of Russia dated November 23, 2015 No. 11-2-06/0733), including the correctness of filling out the employee’s TIN .
In addition, according to the Federal Law “On the suspension of certain provisions of legislative acts...” dated December 29, 2015 No. 385-FZ, organizations and entrepreneurs using hired labor, starting from April 1, 2016, will have to report monthly to the Pension Fund. Among the information that the policyholder must provide is the TIN (subclause 3, clause 2.2, article 2 of Law No. 385-FZ).
When applying for a job, an employee writes an application addressed to the manager. By law for commercial organizations This procedure is not mandatory, but a job application is prepared in many companies. In it, the employee indicates the position, as well as the date from which he will begin work. The manager endorses the application and transfers it to the department responsible for processing personnel documents.
IMPORTANT! To apply for a civil service position, an application is required (Article 26 of the Federal Law “On Civil Service” dated July 27, 2004 No. 79-FZ).
Preparation of documents when applying for a job
Based on the employee’s application and the manager’s order, the personnel department registers the employee as a member of the staff. The procedure is as follows:
- The employee studies local regulations (internal labor regulations, regulations on wages and bonuses, rules for storing and processing personal data, etc.) and signs that he is familiar with them (Part 3 of Article 68 of the Labor Code of the Russian Federation) .
PLEASE NOTE! Every company must have the listed internal regulations. In the article you will find a list of mandatory personnel documentation and the amount of fines for its absence.
- The employee reads the employment contract and signs it. The employment contract comes into force from the day it is signed by the parties or from the day the work begins (Article 61 of the Labor Code of the Russian Federation). One copy of the employment contract remains with the employer, the second is taken by the employee.
- The personnel service, within 3 days from the start date of the newcomer’s work, forms an order for his employment (Article 68 of the Labor Code of the Russian Federation). It is signed by both parties to the employment relationship.
- The personnel service makes a record of hiring in the work book. If an employee has worked for less than 5 days or this work is not his main job, there is no need to write anything in the work report (Part 3 of Article 66 of the Code of the Russian Federation). At the request of a part-time worker at his main job, he can be given a record of employment in a new place.
- Based on information about the employee, the personnel officer fills out a personal T-2 card.
You can read more about the procedure for filling out the T-2 form in this.
Results
We reviewed the documents required for registration of employment in accordance with the Labor Code of the Russian Federation and other legislative acts. Other personnel documents are drawn up depending on the employee’s position and established rules personnel records management in the organization.
