Official employment: is it really that important?

Documents required by the Labor Code of the Russian Federation when applying for a job

The list of documents submitted by a future employee when concluding an employment contract is given in Art.
65 Labor Code of the Russian Federation. These documents are mandatory. They can be divided into 2 groups. The first is the documents that any employee must submit to any employer. The second is documents that must be submitted by an employee who has a certain status, or documents that are necessarily requested by the employer in connection with the characteristics of the proposed work. The first group includes:

passport or other identification document;
employment history;
SNILS.

ATTENTION! From 04/01/2019, an employee can provide either an insurance certificate or an electronic document - confirmation of registration in the accounting system.

The documents required by the employer in connection with a certain special status of the employee or characteristics of the activity include:

military registration documents (for those liable for military service and those subject to conscription);
diploma, certificate of education, assigned qualifications (for performers whose position requires special knowledge and skills);
certificate of no criminal record, criminal proceedings against the employee in the established form (for engagement in work, the performers of which cannot be citizens with a criminal record or a precedent of criminal prosecution).

Some of the listed positions require additional comments.

A passport is the main document identifying a citizen of the Russian Federation. An identity document other than a passport can be:

birth certificate - in case of registration of labor relations with an employee under 14 years of age;
foreign passport for employees who are citizens of other states temporarily staying/residing in Russia;
military ID, registration certificate, sailor's passport, etc. for persons associated with military service;
certificate of release and other documents issued by the internal affairs bodies of the Russian Federation.

A work book is the main document confirming an employee’s length of service.

The procedure for filling out work books is described in detail in the article “Rostrud allowed to “stamp” work books.”

The work book may not be presented by part-time workers (Article 283 of the Labor Code of the Russian Federation). When an employee is hired for the first time and, therefore, does not have a work book, the employer is obliged to issue one (Article 65 of the Labor Code of the Russian Federation).

Where to contact in case of refusal

If the director categorically does not want to formalize the employment relationship, you will have to complain to the regulatory authorities - the labor inspectorate, the prosecutor's office or the court.

Labour Inspectorate

The application can be submitted in person or by proxy through an authorized representative. The document must detail the essence of the violation, and then ask the inspector to apply sanctions against the employer.

When applying, it is very important to back up your words with evidence - some documents from the company with employee marks, with the help of which you can generally prove the existence of a relationship.

Attention! If the labor inspectorate, based on the results of the inspection, actually discovers evidence of the existence of an unconcluded labor relationship, it will issue an order and also impose an administrative fine for non-compliance with labor legislation.

Going to court

Going to court is the last resort between an employee and an employer. In addition to filing a statement of claim, it is necessary to provide the judge with a broad legislative basis proving the employment relationship without concluding an employment contract.

Legal practice shows that if the court rules in favor of the employee, the employer may be required to formally register the employee, pay compensation for moral damage, and cover legal costs.

Attention! In fact, the consequences for the company will be much more serious, since this may lead to the opening of a criminal case, as well as close attention from the tax authority for evasion of mandatory payments.

List of additional documents when applying for a job

The legislator in Art. 65 of the Labor Code of the Russian Federation notes that in the case of certain specific features of the work, the employer has the right to demand additional documents from the employee, however, such a requirement is based solely on the regulations of the President of the Russian Federation, the Government of the Russian Federation and federal legislation.

The list of additional documents is open, so it is decisive that the request for any additional document must have a legal basis.

Here are examples of additional documents when applying for a job.

When recruited to work in the Far North, the employer requires a medical report confirming the possibility of working in this area (Article 324 of the Labor Code of the Russian Federation). Also, a medical certificate is universally required when applying for a job in organizations related to the circulation of food products. In accordance with the order of Rospotrebnadzor dated May 20, 2005 No. 402, the employee must submit a personal medical record. A medical report is also required when hired to perform work related to the movement of vehicles (Article 328 of the Labor Code of the Russian Federation).

When hiring a foreigner, the employer additionally requires the presentation of a voluntary health insurance policy, a work permit (patent) for a temporary stayer, a temporary residence permit or a residence permit for a temporarily resident foreign citizen (Article 327.3 of the Labor Code of the Russian Federation).

For the nuances of formalizing an employment relationship with a foreigner, see the article “What you need to know about VHI when hiring EAEU citizens temporarily staying in Russia.”

Art. 65 of the Labor Code of the Russian Federation prohibits the requirement of any other documents, with the exception of those described above: mandatory documents when applying for a job and additional ones established by law.

ConsultantPlus experts explained the nuances of hiring various specialists. Go to the Guide to Personnel Issues and find out who must undergo a medical examination, what documents are required from employees, here you will also find samples of filling out personnel documents, and much more. And if you do not have access to the K+ system, get trial online access. It's free.

The employer refuses to enter into an employment contract: what should the employee do?

How to prove the fact of labor relations

If an employee who worked for the company unofficially was announced “dismissal,” active action must be taken immediately. Ideally, it is necessary to obtain some documents (the more the better) on which the employee signed during the work process.

In this case, it is necessary to act quickly, and without informing management about this - otherwise there is a high probability that all such documents will be immediately destroyed.

Next, you need to send a written statement to management. It must indicate that during the given time period the employee performed his duties there, but was fired. The document must also ask, for example, to make an entry in the work book.

Attention! The form must be handed over in person against signature. But since, most likely, no one will accept it, another copy can be sent by registered mail with the described attachment and acknowledgment of receipt.

It is also necessary to find witnesses who will be willing to speak in court and confirm that the employee worked for the company for a long time and carried out the tasks of management.

How to convince a manager to sign an employment contract

It will be quite difficult to convince the manager to legitimize the relationship if he does not intend to do this from the very beginning. You can try to talk with the director and mention that the employee is completely satisfied with his work, responsibilities, and salary, but I would like to legitimize this relationship.

After the director’s refusal, it is recommended to send a letter addressed to him (preferably by mail with notification of receipt). It is necessary to mention in the text that the employee has returned to his workplace and is performing his duties, but so far neither an employment agreement nor a work order have been issued.

Attention! You can also refer to the fact that unofficial employment is a direct violation of Article 67 of the Labor Code.

List of documents issued upon hiring

Hiring involves the issuance by the employer's personnel service of the established documents to create the personal file of the new employee and ensure the employer's personnel records.

Such documents include:

employment contract;
The order of acceptance to work;
employee personal card.

The forms of these documents are unified and approved by Decree of the State Statistics Committee dated January 5, 2004 No. 1.

For more details, see the material “Personnel documents that must be in the organization.”

Employment procedure

The term “official employment” defines the established working relationship between an employer and an individual, in which the state takes part in these relations as a third party and a full guarantor that legal norms will be observed by both parties.

The official structure means complete regulation of the process by the Labor Code of the Russian Federation and other legal acts. To get a job in this way, both an individual and a legal entity must comply with a number of conditions that precede the start of cooperation.

According to the Labor Code of the Russian Federation, for official registration you need:

Provide the employer with the required package of documents for employment.
Conclude an employment agreement between the employer and the hired employee, which will stipulate the rights and obligations of both parties to the contract.
The employer issues an order for employment.
The employee receives an individual entry about the beginning of cooperation in the work book.

All these points are mandatory, and their step-by-step implementation in the correct sequence guarantees the formality of the procedure.

Application for a job

If you ask any able-bodied person where a new stage of labor cooperation begins, he will answer without hesitation - with a statement. Indeed, it is this document that symbolizes for us the beginning of work in a new organization.

In fact, the application has long been no longer a mandatory form to fill out. This is confirmed by Article 65 of the Labor Code of the Russian Federation, which lists all the documents required to be submitted when hiring. There is no application among these mandatory forms. There is also no ban on writing it, so many organizations follow the previously approved tradition.

The application as a form allows you to put various internal marks on it. A separate file of this document makes it easy to later find information about any employee. But please note that the main document today, which legally determines the beginning of a working relationship, is an employment agreement.

Conclusion of an agreement

An employment contract is concluded between the job seeker and the employer only after the candidacy has been approved and the hired person is satisfied with all the conditions offered by the organization. The verbal agreement is transferred to paper.

The agreement is drawn up according to certain legislative norms, although it does not have a unified form.

Article 57 of the Labor Code of the Russian Federation describes all the mandatory points that must be reflected in this form. This article also lists additional aspects that, at the discretion of the parties, may be included in it.

An agreement is a bilateral document; it describes the rights and obligations of both the employer and the employee. If one of these points is violated, the parties undertake to bear responsibility. The agreement comes into force only after both parties voluntarily seal it with their personal signatures.

It is noteworthy that adjustments, changes or cancellation of the contract can be made with the consent of both parties, but in no case unilaterally.

Employer's order

Despite the importance of an employment contract in employment, it is not considered officially formalized without the issuance of an order by the organization.

All orders adopted by the head of the organization are expressed in writing. Hiring a new employee is no exception.

The order displays the following information:

The reason for its publication, which is reflected in the name of the form.
Full name of the new employee.
The position for which a person is hired.
The date of reception, which is automatically considered the start date of work.

Orders have unique numbers that are assigned to them in the order of publication. The issued order allows all services of the enterprise to take official further actions, namely:

The employee as a unit is included in the staff.
The HR department prepares personal documentation for the new employee, which consists of a personal card, and possibly a personal file.
An entry is made in the work book about admission.
Accounting will be able to make payroll calculations and payroll.

Orders are additional confirmation that the employee has actually been accepted into the enterprise team.

Entry into the work book

Entry into the work book is the apogee of registration of an employee. By law, up to three working days are allotted for its submission.

The entry must contain the following details:

Number in order.
Reception date.
Legal name of the organization.
The position for which the citizen was hired.
Number and date of the order by which the registration was confirmed.

A work record book is evidence of accumulated work and insurance experience. It is this document that is required to be presented in many organizations when preparing documents and certificates.

A work record book allows you to subsequently prove the number of years worked and qualify for a pension benefit. In addition, it allows you to prove your work experience when applying for a job with a new employer.

The book is kept in the organization throughout the entire period of work, and it is responsible for its safety, and during periods of unemployment or unofficial work, this document is kept by the owner himself.

Results

When applying for a job in accordance with the Labor Code of the Russian Federation, documents are presented by the employee at the legal request of the employer in accordance with the established list.
An employer, having special requirements for an employee or offering a specific job, may require the submission of additional documents, but such a requirement must comply with federal legislation, legal regulations of the President of the Russian Federation, and the Government of the Russian Federation. Labor legislation prohibits requiring an employee to submit any other additional documents other than those specified. You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Why register officially?

Having legalized labor relations, that is, having achieved their proper registration and deductions, the employee receives guarantees established by law, that is, at a minimum:

he will be required to pay his salary in full according to the contract, and will not be told “we don’t know you, you didn’t work here”;
fines will not be deducted from the salary (this is prohibited by law, but is often used in unofficial employment);
the employee will have the opportunity to receive paid leave and sick leave;
the employee will be insured;
contributions will be sent to his pension account;
the working day will be regulated and will not be determined by the employer at his own discretion, etc.

If you leave everything as is, there are risks:

not receive wages in the event of a conflict with a boss or employer, or just like that, for no reason;
do not receive any vacation or vacation pay;
not receiving payment for sick leave;
lose social guarantees associated with layoffs, training, pregnancy, childbirth, etc.;
in the event of injuries or injuries at work, the employer will state that this is the first time he has seen you and did not allow you to work.

The need for a probationary period

In accordance with Article 70 of the Labor Code of the Russian Federation, the employer may set a certain period of time during which he will test the skills of his new employee. This period is characterized by a shortened schedule, a reduced daily rate and a lack of protection for the subordinate from the trade union committee. But otherwise, the same rules apply to interns as for ordinary employees.

In this case, the condition in the form of a probationary period must be specified in the employment contract. Among the persons to whom the internship does not apply are:

Subordinates who were hired by the enterprise based on the results of a competitive selection;
Pregnant;
Minors;
Citizens with secondary technical or higher education in the specialty for which they are applying;
Seasonal workers employed for 1-2 months.

For the remaining categories of employees, the probationary period is established on an individual basis. But according to the requirements of the Labor Code of the Russian Federation, it cannot exceed:

90 days – for an ordinary worker;
6 months – for citizens holding leadership positions or related to government agencies;
14 days – for persons who have entered into a seasonal contract.

Based on this, it turns out that an internship for official employment is not necessary, or at least not mandatory.

Types of civil contracts

There are several types of civil law contracts:

contract;
paid provision of services;
commissions;
transportation;
transport expedition;
trust management of property;
instructions.

Note: concluding a civil law contract in general is much more profitable and convenient than drawing up an employment contract.
Please note that when concluding a civil contract, an entry is not made in the work book, but the time worked under the specified contract is included in the total length of service. If an agreement is concluded with an individual, the employer is obliged to pay income tax and insurance contributions to the Pension Fund and the Compulsory Medical Insurance Fund for the employee (contributions to the Social Insurance Fund are paid only if this is stipulated in the agreement).

Documents for termination of an employment contract

An employment contract can be terminated either at the initiative of the employee or the employer. On the part of the hired employee, the only basis is a written statement on his own initiative without specifying the reason. A formalized dismissal at an oral request can bring many problems to the organization, since an employee, by going to court, will not only reinstate himself in his position, but also has the right to moral compensation. The application must be dated and signed by the employee. How can you apply for resignation:

personally;
through a proxy;
by fax;
by mail.

If the employee was a financially responsible person, then he must undergo a reconciliation of the property assigned to him with the commission. When an initiative to dismiss an employee comes from the employer, it is necessary to accurately indicate the following data in the administrative document:

Personnel Number;
division/department;
job title;
FULL NAME;
reason for dismissal;
the date on which the employment agreement ends.

The employee must notify management of the decision to resign 2 weeks in advance, which he must work. In turn, the employer notifies the employee one month in advance of his dismissal, unless otherwise provided by law.

You can learn more about why an employment contract is an important document from this video:

Comparison of employment and civil law contracts

More details about the types of civil contract, its pros and cons for the employer and employee can be found here.

Distant work

Remote work is recognized as the employee’s activities carried out outside the stationary place of work (at home, in transport, cafes, abroad, etc.). An employee usually receives a task from an employer remotely: by mail, via the Internet, etc.

List of documents

The most important thing is the citizen's identity card. First of all, this is a passport. The following will help you verify your identity in the absence of the main document: driver’s license, international passport. A photo provided will confirm the match.
If you are a resident of another state, registration is required. The Labor Code establishes that if you live in another city and are not registered at your place of residence, the employer cannot refuse you employment. It is not logical for organizations to accept such personnel. If the position involves financial responsibility, this is fraught with consequences.
, a state pension insurance certificate is drawn up by the employer.
An individual taxpayer number is a document that is not included in the list of required papers. The organization should not make reference to it. If you are an individual entrepreneur, this is your responsibility. In practice, they still ask to present such a document. It's easy. The tax office at your place of residence will quickly issue a TIN.
Employment history . Its presence is necessary. Without it, employment at the official level is impossible. When working part-time, a work book is not required. The HR specialist is obliged to provide and formalize it, subject to employment for the first time.
Persons liable for military service and people subject to conscription are required to have military identification cards. This category consists of men. Their age is 18-27 years. Conscripts provide identification. Citizens in reserve - a military registration card (military) or a certificate of temporary affiliation.
Qualifications, certain skills, special training are confirmed by education ( certificates, diplomas ). Sometimes even sports certificates can come in handy. There is a personal example when an employer, when choosing two candidates with similar work experience, knowledge, age and gender, chose a candidate with sports achievements.
Certain areas of activity require a medical examination. A medical book is needed in trade, medical professions, in the field of catering and education. Sanitary and epidemiological supervision draws up the necessary documents. Lack of health confirmation by government centers is the reason for refusal of employment.

The specifics of the work determine a number of additional papers in individual cases. Article of the Labor Code No. 65 establishes the necessary list.

What does it take to get a job? How to prepare and what documents to collect?