15.06.2019
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4 min.
An employment agreement (contract) is a mandatory written agreement provided for by the Labor Code (hereinafter also referred to as the Code) between an employee and an employer. Validity period – urgent or unlimited. The deadline for registration is no later than 3 working days after the actual start of performance of official duties. The documents for concluding an employment contract are directly prescribed by law.
In order to protect the interests of working citizens, the Code obliges the parties to prescribe the procedure for labor relations - to consolidate agreements on working conditions, working hours and rest periods, and determine the wage rate. In addition to the rights, the contract also establishes the responsibilities of the specialist hired: personal performance of labor functions; work in the interests of the employer; compliance with internal (corporate) rules.
Main list
The Labor Code (Article 65) specifies a package of basic documents that can be required from a citizen being registered. Copies of them will be kept in the employee’s personal file.
Passport
Most often, an accountant is provided with a Russian passport, but there are exceptions , for example:
- seafarer’s passport – certifies the identity of its owner both in Russia and abroad;
- military personnel identification card ;
- for foreigners - a passport of a foreign citizen (it is issued only to citizens residing permanently in Russia);
- refugee certificate – confirms the identity of persons who are officially recognized as refugees;
- others in accordance with the law.
Employment history
It must be kept strictly in a safe . Several points are worth noting:
- upon first employment, the work book is issued by the employer;
- if an employee is hired for a part-time job, he does not have to bring a work book (it is kept at the main place of work);
- if an employee has lost his work book, upon application, the employer will have to issue him a new one .
SNILS
This is a document from the Pension Fund.
Important: if an employee is employed for the first time , the employer must issue such a certificate to him.
Military ID
When applying for a job, a person who is liable for military service and is subject to conscription for military service presents military registration documents .
Education document
If a new job requires any special knowledge and skills , the employee must bring a copy of a document confirming the presence of this knowledge.
Diploma, certificate of courses completed, etc.
Certificate of no criminal record
Some types of work cannot be performed by persons with a criminal record .
In this case, the employee must obtain and bring to work a certificate of no criminal record or no criminal prosecution .
List of documents for employment of minors
In practice, in our time there are rarely cases when teenagers under 16 years of age get a job, but still such an opportunity exists and is also worth mentioning.
If a teenager gets a job, then the following must be additionally attached to the above list of documents:
- consent of at least one parent or person replacing him
- consent from the local guardianship and trusteeship authority
- persons who have turned 15 years old present a certificate of general education, a certificate of continuation of studies in correspondence, evening or distance learning, or a certificate of expulsion
- a document that indicates a lesson plan or schedule that will be required to draw up a work schedule without compromising education
- medical certificate confirming the examination and its positive result.
Additionally required
In addition to the main documents, the accountant may need some others, the list of which is not regulated by the Labor Code , for example:
- Application for a job. According to the Labor Code there is no mandatory requirement for this document, but many personnel officers and accountants prefer to put it in their personal file.
- Birth certificates Copies of them will be needed if the employee receives a personal income tax deduction.
- Certificates from previous work: about earnings (needed for calculating sick leave); 2-NDFL and others.
- Some types of work require a medical examination :
- for example, if a citizen gets a job in kindergartens, grocery stores, canteens or cafes ;
- if the employee has to drive a car ;
- if the upcoming workplace is harmful or dangerous ;
- Minors also undergo a mandatory medical examination .
Nuances when hiring a foreign worker
There are only two significant nuances of working in the Russian Federation for a foreign citizen. Naturally, poor knowledge of the language or culture of a new country is not considered a problem.
- The work record is problem number 1. It is designed according to the standards of the Constitution of the foreigner’s home country, and is not suitable for use in the Russian Federation. A personnel employee can study the work history of a new employee, but cannot take a foreign work book for storage, along with Russian ones. Within 5 working days, the employer must take care of issuing a Russian work book for the foreign employee.
- Taxes. If a citizen stays in Russia for less than 183 days, then the personal income tax on his salary is 30%. If more, then the standard 13%. Sometimes for this reason, employers ask how long the foreigner has been staying in the country. Sometimes they may refuse to work.
Peculiarities of registration of employees for individual entrepreneurs
If an employee is registered to work in an LLC, there will be no nuances regarding funds.
The company automatically registers with them according to the data reported by the tax office.
With individual entrepreneurs it is a little more complicated.
As soon as the first employee is hired, you will need to register with the funds yourself. This means that an entrepreneur or accountant will need to take sets of documents there.
We submit the following documents and certified copies to the Pension Fund
- an application requesting registration of the employer with the Pension Fund of the Russian Federation, written in one’s own hand;
- a copy of the passport (first page and with registration);
- copies of the order for hiring the first employee and the employment contract with him.
You have only 30 days . The Pension Fund of Russia will register the entrepreneur within five days .
to the Social Insurance Fund (within 10 days):
- application for registration with the Social Insurance Fund (a sample can be downloaded from the Social Insurance Fund website or obtained from a fund branch);
- copies and originals of the passport , its registration certificate
- copies and originals of the order to hire the first employee, the employment contract with him and the work book with a record of employment.
Civil contract
Currently, organizations practice concluding civil contracts (most often agreements for the provision of paid services) instead of labor contracts, which significantly worsens the situation of employees.
- When concluding a civil contract, the employer (in this case it is more correct to call him the customer) is given a significantly smaller scope of responsibilities in relation to the service provider. For example, he should not give the employee vacation, pay sick leave, provide labor protection, etc.
- The contract for the provision of paid services provides for a large number of options for changing the amount of remuneration, which does not depend on the minimum wage, and also does not imply any mandatory payments established by labor legislation.
- When concluding civil contracts, the employer does not make payments for compulsory insurance against accidents and occupational diseases to the Social Insurance Fund of the Russian Federation, unless otherwise provided by the contract.
- When concluding civil contracts, the contractor’s working hours are set arbitrarily without taking into account the restrictions defined by labor legislation (maximum working hours per week, day, etc.). Theoretically, the performer, unlike the employee, can provide the employer with greater results in the same time.
- Under an employment contract, income tax on the amount of remuneration for performing labor duties is paid by the employer as a tax agent. He also pays a single social tax on the amount of payments to the employee, while under a civil contract these responsibilities lie with the subordinate.
From here it is clear that it is more profitable for the employer to conclude not an employment contract, but a civil law contract. In this regard, the legal differences between an agreement for the provision of paid services and an employment contract become of utmost importance. According to the latter:
- only an individual acts as an employee, while the executor under a civil contract can be both individuals and legal entities;
- the employee is obliged to personally perform the labor function, and under a civil contract, the service may be performed by another person;
- the employer is obliged to pay the subordinate a salary not lower than the minimum wage, and the customer is obliged to pay remuneration for services in the amount established by the contract;
- They pay not for the materialized result created during the labor process, but for specific work (as a process).
Such features should be taken into account and attention should be paid to them when formalizing relations with the employer.
Employment of a disabled person
A disabled person provides a standard package of documents for employment.
It is important that such an employee is not required to show his medical certificates and reports during employment, unless the nature of the work requires it.
The changes will only affect additional benefits and rights :
- disabled people must be provided with a comfortable workplace that meets their needs;
- disabled people have the right to increased paid leave - 30 days;
- also, a disabled employee at any time request leave at his own expense in the amount of up to 60 days;
- in no case can company regulations relating to employees create conditions for people with disabilities worse than those of other employees;
- disabled people of groups I and II have the right to work no more than 35 hours a week, but with the same salary;
- Like ordinary employees, people with disabilities can be involved in working on weekends and overtime . Naturally, such work should not be contraindicated for a disabled person due to health reasons.
Also, in a special journal, the employee must confirm that he is aware of his right to refuse such work.
Reasons why resumes are rejected based on photographs
The main reason is a bad shot that distorts reality, is too revealing or inappropriate.
If you want to take the position of a “well-mannered administrator with a pleasant appearance,” but send an application with a photo in a T-shirt with a fishing background, with a bottle of beer in his hand, then in 99 cases out of 100 you will receive a refusal.
Inappropriate images have a direct impact on a recruiter's decision. A photo against the background of a carpet, a shot from a restaurant, a family photo - all this is not only inappropriate, but also distorts the business style.
The recruiter understands that you have no idea about the rules for drawing up business documents, which means that, most likely, you are not all right with the relevant skills. As a result, the application is sent to the trash.
Admission of a minor
According to the Labor Code, an employer can hire minors with the following reservations :
- up to 18 years of age, employees are required to undergo a medical examination at the employer’s expense every year;
- 31 days of paid leave at any time
- It is prohibited to dismiss a minor without the permission of the commission on minors' affairs and the labor inspectorate. The exception is the liquidation of a company.
In any case, it is prohibited to accept minors:
- if the work involves lifting weights ;
- if the work can affect the moral development of a minor (selling cigarettes, working in casinos, nightclubs, selling alcohol, etc.).
The concept of an employment contract
An employment contract is an agreement between an employer and an employee. It defines the mutual rights and obligations of the parties. Thus, the employer must provide the employee with work according to the stipulated labor function, ensure normal working conditions and pay him wages in full, and the employee must personally perform the labor function determined by this agreement and comply with the internal labor regulations in force in the organization.
This agreement often provides for conditions on testing, non-disclosure of secrets protected by law (state, official, commercial), as well as other conditions that do not worsen the position of the employee in comparison with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), laws and other regulatory legal acts, collective agreements, agreements. It is concluded in writing and compiled in two copies, which are signed by the parties, with one of them given to the employee, and the other kept by the employer.
If a foreign citizen gets a job
Only adult can be hired . When registering, a foreign citizen presents in addition to the main documents:
- medical insurance valid in Russia (in some cases, the employer himself provides foreign workers with medical care by concluding agreements with medical institutions);
- patent or work permit (some exceptions are provided by federal laws);
- residence permit or temporary residence permit in the Russian Federation.
It is also worth noting that foreign male workers do not provide the employer with military registration .
Registration of SNILS
By law, an insurance certificate is a mandatory document for every citizen and must initially be issued by the child’s parents immediately after his birth. In practice, citizens who have reached working age often do not have SNILS. In this case, the employer is obliged to issue SNILS to the employee.
But not all employers agree to hire a person who does not have SNILS and issue the document to an existing employee with whom an employment contract has been concluded. There is often a situation in which signing an employment contract with an employee and hiring him for a position is impossible without providing information about the SNILS number.
In this case, the easiest way is to independently obtain a SNILS for subsequent presentation at the place of employment.
You can issue SNILS in two ways:
- At the Pension Fund branch. The document does not contain information about registration , so it is not necessary to apply at the place of permanent registration. ATTENTION! You can apply for SNILS at any branch of the Pension Fund across the country .
- At the MFC. Multifunctional centers provide services for registration and issuance of SNILS. You can contact any MFC at your place of residence.
To apply for SNILS, it is enough to provide a passport and an application .
So, when concluding an employment contract, the employee must present a standard list of necessary documents established by law. In special cases, additional information may be required.
After registering all the citizen’s data, a bilateral document is signed and an entry about admission is made in the work book.
Registration of a part-time employee
When registering a part-time job, he will only need a passport, SNILS and, if necessary due to the nature of the work, a document on education .
It is important that an entry is made in the work book for such an employee only at his request, and this is done at his main job.
Another difference between a part-time worker and regular employees is that paid leave at the same time as at his main job.
Documents receiving
- The work activity book is received from the employer after official hiring and signing (conclusion) of the employment contract. It will be filled out with all the requirements and standards, but not by you yourself.
- Educational documents are certificates and diplomas.
- To obtain a military registration document - a military ID - you will need:
- 2 copies of pre-written statements.
- 2 photographs on matte paper, size - 2.5x3.5.
- Original passport.
- A copy of passport pages 2,3 and 5 on one sheet.
- Original and copy of education certificate.
- Original and copy of driving license, if available.
- A sheet of medical commission with a conclusion about the general condition of a person.
When you receive your ticket, be sure to read everything you sign in full and ask questions if anything is unclear to you. Under no circumstances agree to an additional examination that is supposedly mandatory and do not provide any additional information about yourself other than what is required by the application! It is also recommended to carefully study Article 51 of the Constitution of the Russian Federation!
The TIN can be obtained from the tax office at your place of residence; it is better to find the required address on the Internet in advance.
Next, follow simple rules:
- Take with you the original and a copy of pages 1, 2, 3 and 5 of the passport on separate sheets;
- You can fill out the standard form on site or bring it ready-made;
Submit your application and wait 5 business days. After the time has passed, a TIN will be issued to you.
- You can even obtain a pension certificate services corresponding statement. In a few days you will receive a notification that the certificate is ready, and you can get it at the nearest Pension Fund. However, don't forget to take your passport with you!
- You can purchase a medical book at any department of the state epidemiological surveillance - "SES". Bring a 3x4 color or black and white photograph, passport and money. At the cash register, pay for the medical book form and fill it out, receive a receipt, then follow this plan:
- Show the SES officer your paid receipt, photo and passport.
- Indicate your passport number and the day when it is convenient for you to pick up your passport.
- On the appointed day, pick up the completed book and receive a referral to the medical board.
- You can undergo a medical examination at any medical center. institution.
- Be sure to keep all receipts and receipts so that you can receive money back from your employer later!
- Usually the commission requires you to pass a sanitary minimum - it takes the form of a test on knowledge of sanitary standards.
Making a statement
The law does not provide for the mandatory nature of such a document, which means there are no specific requirements for its preparation.
Here are the main points that it is advisable to take into account when an employee writes an application for admission:
- it is written in one's own hand ;
- in the header of the application - to whom (position, company name), from whom (last name, first name, patronymic; registered at the address);
- in the body of the application the following text is usually written: I ask you to hire me at the “name of the enterprise” for the position “where the citizen wants to work” with “expected start date”;
- The date and signature of the new employee are placed at the bottom
- in the upper left corner the manager can put a resolution;
- The accountant must record the document in the employee statements journal.
Job application form.
What does a photo add to a resume?
A photo on your resume is one of the easiest ways to increase your chances of getting hired.
And there is a logic to this:
- Firstly, you trust your interlocutor more when you see him. Although when assessing an interlocutor’s resume, there is no such thing as such, a photo really increases confidence in you as a person.
- Secondly, a photo is another source of assessing your qualifications. You can argue a lot on this topic, but depending on what kind of photo you attach - business, in a suit, or from a party, you can assess whether you are suitable for the position or not.
Social network
At the same time, it is important to distinguish between personal life and work. Therefore, everything that we say about photos applies only to the photo attached to the resume, and not about the stories “how I spent the summer” in the “about myself” block.
In addition to your resume, recruiters will analyze your social profiles, so keep them away from your personal life:
- do not provide links to personal pages where you openly express emotional feelings or publish personal photographs;
- close folders with content that is not of interest or that compromises you in the eyes of the recruiter;
- attach links to live pages that are updated regularly;
- create profiles on business networks, for example, Linkedin, where you create a work profile, similar to a resume.
In addition to personal photos, social networks will reduce the likelihood of getting a job:
- Political statements
- Profanity
- Reposts with explicit photos or text
The employer may ask
The list of required documents does not contain direct references to many papers that often have to be presented in practice at the request of the employer. Of course, failure to provide these documents should not lead to denial of employment, and if it does, it can be challenged in court. But it’s worth considering whether to start cooperation with litigation. Moreover, in most cases, the employer’s request for certain documents is not burdensome for the applicant, and is often in his own interests. What can be included in the package of documents for employment, besides the required papers?
- Application for admission. It will be written by the employee when registering according to the template established in the organization. Sometimes it’s enough just to fill out and sign a standard form with standard details:
- Full name and position of the employer;
- Full name of the future employee and his address;
- title of the document – statement;
- request to be accepted for a specific position in a particular structural unit in a specific organization;
- Features of employment - part-time, work for a full-time salary or a share of it, part-time, for a certain period, etc.;
- signature and full name decryption;
- date of writing.
The job application will be filed in the employee’s personal file, which will be completed by HR officers.
NOTE! The wording of the position indicated in the application (as well as subsequently in the employment contract, work book and other documents) must coincide verbatim with that indicated in the staffing table.
- pregnancy certificate;
Often unreasonably demanded
It is legally prohibited when applying for a job to require documents that are not provided for by the regulations of the Russian Federation: the Labor Code, federal laws, government decrees and presidential decrees. Naturally, it is unlawful to refuse a candidate on the basis of the lack of such documents. However, employers often insist on the mandatory presence and provision of the following during employment:
- TIN – certificate of registration of a citizen as a taxpayer;
- permanent registration (registration) in the region where the employer’s organization is located.
Whether to try to insist on one’s rights and try to fight the system or to agree to the employer’s demands, in each individual case the person decides for himself.