Often employees require a certificate from their place of employment, which is a document that is of an informational nature. The purposes of employee applications for certificates may vary. A certificate from the place of employment is confirmation of the fact that the subject who received the certificate is actually employed in the named organization and occupies a certain position, which means that the employee has a certain income (which will be indicated by the additionally requested 2-NDFL certificate). Let's consider the procedure for generating a certificate of employment.
What do you need to obtain a certificate from your place of work?
At some enterprises, in order to obtain the necessary certificate from an employee, no documents are required - it is enough to contact the immediate supervisor or a representative of another structural unit with an oral request. But this is not always the case: in most, especially large companies, the employee is required to provide a written request or application for a certificate, in which he must indicate the purpose of obtaining the document and also what information needs confirmation.
But it should be noted that the law gives the employee the right not to inform the employer about where exactly the certificate is required and for what reason.
Why do you need a certificate of work experience?
A certificate of experience confirms that a citizen has worked for a specific employer during a specific period of time and working conditions.
The document allows the employee:
- prove the right to a preferential pension due to harmful working conditions;
- reproduce information about work activity if the work book is lost, was not kept for some reason, or contains errors and inaccuracies.
Read about how to confirm your work experience without a work book here.
Does an employer have the right to refuse to issue a certificate?
By law, an employee has the right to receive any information from his employer regarding his work activities for subsequent presentation at the place of request. It can be issued in the form of a copy, an extract from an internal company document, or a certificate.
The period between the application requesting a certificate and its receipt should not exceed three days.
If the company refuses to issue the required paper for any reason, the employee has the right to go to court.
Why is a document about activities in the organization needed?
This certificate is required, first of all, when applying for a new job. In fact, it is a kind of replacement for a traditional work book, since it contains similar information.
In addition, it can be presented to the following institutions:
- To the social protection authorities. To assign benefits and receive a number of necessary benefits.
- To credit institutions. To confirm the availability of a permanent place of work when deciding on the issuance of borrowed funds.
- To visa centers and consulates. When submitting an application and a set of documents for a visa to travel to a foreign country.
- To court. When considering certain categories of cases, the court may request information about the place of work and work activity of a participant in the process.
In general, this list is not closed.
Who issues the certificate
Typically, the certificate is issued by the head of the department whose jurisdiction includes the requested information. If an employee needs a certificate about his profession or position, then he must contact the personnel department, if about wages - accordingly, to the accounting department, etc. But if the head of a structural unit can directly prepare the certificate, then it must be certified by the director of the company or a person authorized to sign such documents.
Certificate 2-NDFL from individual entrepreneur
Certificate 2-NDFL is a document containing the following information:
- source of income;
- salary amount;
- volume of taxes withheld.
This information is provided in relation to the following categories of citizens:
- workers;
- contractors;
- citizens receiving dividends.
The employer or tax agent is required to issue personal 2-NDFL certificates.
From 01/01/2021, in accordance with the Order of the Federal Tax Service of October 2, 2021 No. ММВ-7-11/ [email protected] the following were approved:
- form of information on the income of individuals and amounts of personal income tax “Certificate of income and amounts of tax of an individual” (form 2-NDFL);
- the procedure for filling out the form for information on the income of individuals and amounts of personal income tax “Certificate of income and amounts of tax of an individual” (form 2-NDFL);
- format for presenting information on the income of individuals and amounts of personal income tax “Certificate of income and amounts of tax of an individual” (form 2-NDFL) in electronic form;
- the procedure for submitting to the tax authorities information on the income of individuals and the amount of personal income tax and notification of the impossibility of withholding tax, the amount of income from which tax was not withheld, and the amount of unwithheld personal income tax;
- form of a certificate of income received by individuals and withheld amounts of personal income tax “Certificate of income and amounts of tax of an individual.”
Rules for preparing a certificate
There is no single, unified, mandatory sample of a certificate of employment. Enterprises and organizations have the right to write it in free form or use a template developed within the company (however, such templates must be registered in its accounting policies). Regardless of which option the company chooses, the certificate must contain a number of necessary data :
- Name of the organization,
- date of compilation,
- information that needs to be confirmed
- signature of the company director.
It is not necessary to put a stamp on the document, since since 2016 legal entities have been exempted from the obligation to certify their papers with seals and stamps (however, in this case it is advisable to include the organization’s details (address and telephone number) in the document, otherwise the certificate may simply not be issued accept where it is provided).
The certificate must contain only relevant and reliable information; entering into it knowingly false or unreliable information can lead to administrative punishment for organizations and officials in the form of a large fine.
If any documents or copies thereof are attached to the certificate, then information about this should also be recorded in the certificate itself in the form of a separate paragraph about the attached documentation.
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).
Rules for issuing a certificate
The certificate can be written either by hand or in printed form, either on a standard A4 sheet or on the company’s letterhead (the latter option is convenient because it contains details). The certificate can be issued in as many copies as required, and each of them must be properly certified.
Upon receipt of the certificate, the employee must carefully check it and, if any errors are found, request the issuance of a new document - the solution to many important issues, as a rule, depends on the content of the certificate, so inaccuracies, corrections and blots in them are unacceptable.
Sometimes enterprises ask the employee to confirm receipt of the certificate by signing in the internal document log.
Common mistakes
Error No. 1: The employee requested a certificate stating that he actually works for the organization. The certificate was issued, but the employee claims that it was not. Is it possible to issue a duplicate?
Comment : It is recommended to register the issued certificates in a special journal, which reflects the fact that the certificate was received with a signature; this journal is used to confirm the issuance of the certificate and whether it was valid for the right employee. The certificate can also be re-issued on the basis of an application within three days from the date of its submission.
Mistake #2: Is it possible to issue certificates to the head of the department?
Comment : In accordance with the Federal Law “On Personal Data” dated July 27, 2006 N 152-FZ, documents must be issued personally to the person for whom the certificate is issued.
Sample certificate of employment
- First, indicate the full name of the company, just below its actual address and telephone number.
- Next, put the date the document was compiled, then in the middle the word “Certificate” and its number according to the organization’s internal document flow.
- Then comes the actual necessary information: here you must completely enter the last name, first name, and patronymic of the employee for whom the certificate is intended, as well as certify the necessary facts.
- After this, if the employee has named the recipient of receipt, you can indicate to whom the certificate will be presented.
- At the bottom, the document must be signed by either the director of the company or his authorized representative (indicating the position and a transcript of the signature).
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.”
Conclusions:
1. Certificates are issued to the employee upon his application. The application must indicate exactly what information should be contained in the certificate.
2. Certificates issued are signed by the head of the organization or an authorized person and certified by the seal of the organization (if any).
3. Certificates issued are recorded in a special journal and issued to the employee against signature.
[1] Appendix No. 1 to the Order of the Federal Tax Service of Russia dated October 30, 2015 No. ММВ-7-11/ [email protected] “On approval of the form of information on the income of an individual, the procedure for filling it out and the format for its presentation in electronic form.”
What does professional suitability mean?
Professional suitability is the effectiveness of an employee in a particular field, which is based on physical and psychological qualities along with acquired knowledge and skills. These qualities are not innate; a person acquires them at work every day as he carries out his professional activities. The more and longer an employee completes tasks, the more valuable he is to a potential employer.
Professional qualities include:
- high level of thinking and perception;
- ability to quickly absorb large amounts of information;
- introducing innovative solutions to improve the technical process;
- certain personal qualities that are valuable for the corresponding type of professional activity;
- the ability to correctly apply acquired knowledge.
