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

HIRING A PART-TIME PARTNER:

Steps prior to hiring a part-time worker

• Presentation of documents by the employee. Acceptance by the employer of documents from the future employee. Review by the employer of the documents presented and make a decision on eme employee to work.

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

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

When making a decision about hiring, you should remember that part-time work is not allowed:

Persons under the age of eighteen;

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

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

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

If the parties decide to accept the employee to work for the employer, then in the future the employer (personnel employee or other authorized person) takes copies of the documents and certifies them (if necessary, place such copies in the employee’s personal file in cases where the employer maintains personal employee files), transfers information from the presented documents to the employee’s personal card, then the original documents (passport, education document, etc.) are returned to the employee.

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

According to Art. 69 of the Labor Code of the Russian Federation, the following are subject to mandatory preliminary medical examination when concluding an employment contract:

1) persons under the age of eighteen;

3) other persons in cases provided for by federal laws.

• Notifying the employer of mandatory information.

According to Art. 64.1 of the Labor Code of the Russian Federation, citizens who have filled positions, the list of which is established by regulatory legal acts of the Russian Federation, after dismissal from state or municipal service for two years, are obliged, when concluding employment contracts, to inform the employer about their last place of service.

Steps to apply for a part-time job

1. Receiving a job application from an employee.

This step step-by-step procedure for hiring a part-time worker is not mandatory for most employers, because the Labor Code of the Russian Federation does not provide for the filing of such an application by the employee. Submission of an application is mandatory when applying for state and municipal service (Federal Law dated July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”, Article 26, Federal Law dated March 2, 2007 N 25-FZ “On Municipal Service in the Russian Federation”) Federation”, art. 16).

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

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

According to Part 3 of Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work, and the collective agreement. The job description, as a rule, is also a local regulatory act of the employer (in rare cases, it is an annex to the employment contract).

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

familiarization sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization and the date of familiarization (such sheets are stitched together with the local regulatory act),

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

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

A certain procedure for familiarizing yourself with local regulations may be enshrined in one of the employer’s local regulations. Find out your employer's procedures for familiarizing employees with local regulations before you begin introducing them to the employee.

3. Conclusion of an employment contract with the employee and, if there are grounds, an agreement on full financial responsibility.

According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. When concluding employment contracts with certain categories of workers, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies.

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

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

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

Please note that concluding a full liability agreement is an optional step. However, at this stage it can be very useful. Let’s assume that an agreement on full financial responsibility is not immediately concluded with an employee, but after being hired, he refuses to enter into this agreement. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to enter into an agreement on full financial responsibility, whether it is possible to punish or fire those who are disobedient. There are different points of view on this matter among lawyers, judges, and inspectors. And in order not to prove your position to someone in an unpleasant case and to avoid unnecessary problems, it is better not to get into such a situation and to conclude an agreement on full financial responsibility before the employee begins to resist, even when deciding on the issue of hiring and applying for a job. At the same time, do not forget that the conclusion of such agreements is possible only with a circle of employees strictly defined by the legislator.

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

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

4. Registration of an employment contract and an agreement on full financial liability in accordance with the procedure established by the employer. For example, an employment contract can be registered in the register of employment contracts, and an agreement on full financial responsibility can be registered in the register of agreements on full financial liability with employees.

5. Handing over to the employee his copy of the employment contract.

According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. We recommend that you put the phrase “I have received a copy of the employment contract” before your signature.

If an agreement on full financial responsibility is signed with the employee, then one copy of it is also given to the employee.

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

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

7. Registration of an order (instruction) on hiring an employee in the order established by the employer, for example, in the log of orders (instructions).

8. Familiarization of the employee with the order (instruction) about employment against signature.

According to Art. 68 of the Labor Code of the Russian Federation, the employer’s order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work.

9. Resolving the issue of recording in the work book.

The work book of a part-time worker is kept by the employer at the main place of work. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

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

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

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

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

A personal card can be registered in accordance with the procedure established by the employer, for example, in the register of personal cards of employees.

11. Inclusion of the employee in the time sheet and other documents.

12. If an employee is hired on an external part-time basis, then you can ask him a certificate from the main place of work stating when he will be granted leave this year.

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

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

• Registration of the employee’s personal file, if in relation to his position the employer has established the obligation to maintain a personal file. For most employers, maintaining personal files is not a requirement. Maintaining personal files is mandatory only in cases where it is prescribed by law, for example, for civil servants, municipal employees, customs employees, and the prosecutor's office. An ordinary commercial company, which is not required by law to maintain personal affairs, has the right not to maintain them. But he has the right to lead if management considers it necessary. In this case, the procedure for managing personal affairs is determined by the employer’s local regulations governing relations related to the employee’s personal data (for example, regulations on personal data and management of personal affairs). Personal files can be registered in the manner established by the employer, for example, in the employees’ personal files register.
• Notification to the former employer about the conclusion of an employment contract with the employee, if the hired employee is a former civil servant or former municipal employee. According to Art. 64.1 of the Labor Code of the Russian Federation, when concluding an employment contract with citizens who filled positions of state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after their dismissal from state or municipal service, the employer is obliged to report the conclusion of such an agreement to the employer’s representative within ten days (employer) of a state or municipal employee at his last place of service in the manner established by regulatory legal acts of the Russian Federation. This procedure is established inRules for notification by an employer of the conclusion of an employment or civil contract for the performance of work (provision of services) with a citizen who has held positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation (approved by Decree of the Government of the Russian Federation of January 21, 2015 N 29) . The document that is sent to the former employer is registered in the manner established by the employer, for example, in the journal for registering outgoing documents.
• Referral to the appropriate military commissariat and (or) local government bodies information about a citizen subject to military registration and his employment (clause 32 of the Government of the Russian Federation of November 27, 2006 N 719). The document, which is sent to the military commissariat and/or local government authorities, is registered in the manner established by the employer, for example, in the journal for registering outgoing documents.

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

According to the Labor Code, an individual entrepreneur has the right to hire employees, and this process is not much different from the employer of organizations. However, Chapter 48 of the Labor Code of the Russian Federation describes the labor characteristics of workers whose activities are related to individual entrepreneurs.

By law, every employer must officially employ employees. Within three days after the employee starts work, the employer is obliged to formalize their relationship with an employment contract and make an entry in the work book.

If an entrepreneur violates the requirements of the law, then he is liable for:

Administrative - a fine of up to 50 thousand rubles or freezing of activities for up to 90 days;

Tax - fine from inspection services depending on the severity of the violation;

Criminal - a fine of up to 200 thousand rubles or imprisonment for up to 2 years.

In order to hire an employee you must:

Conclude an employment or civil contract;

Prepare personnel documents;

Register with the Social Insurance Fund (SIF).

A civil contract facilitates the employment process for an individual entrepreneur. In this case, the contract is concluded for the performance of a specific amount of work or the provision of a service and does not require registration with the Social Insurance Fund.

Also, regardless of what kind of employment agreement was concluded, the employer, within 30 days from the date of registration of the first employee, is obliged to register with the Pension Fund.

Step-by-step registration of an employee

In order for an employer to register an employee, he must provide the following package of documents:

• Work record book (if missing, fill it out yourself);

• Military registration documents;

  Documents confirming the employee’s qualifications (diploma of higher or incomplete higher education).

Let's consider the step-by-step registration of an employee in accordance with the Labor Code of the Russian Federation:

1. The employee must write a job application in accordance with the staffing schedule.

2. According to Article 57 of the Labor Code of the Russian Federation, the employer draws up 2 copies. One copy remains with the entrepreneur, the other is given to the employee. The contract must include the following information:

Full name of the employee and employer;

Organization details;

Employee's passport data;

Schedule;

Information on wages and bonuses;

Job responsibilities;

Date and signature.

3. The employer familiarizes the new employee with its activities and existing local regulations: job description, regulations on labor protection, internal labor regulations, etc.

4. The entrepreneur draws up according to the unified form T-1..

5. The employer creates a personal card for the employee.

6. The manager makes an entry in the work book within a week from the moment the employment contract is concluded.

Payments to and per employee

Article 136 of the Labor Code of the Russian Federation provides that an entrepreneur is obliged to pay wages to an employee every half month. The terms and procedure for payments are established by the employment contract. When calculating salaries, it is necessary to maintain personnel records and time sheets. Late payment imposes administrative or financial liability on the employer.

An employee registered under an employment contract has the right to annual paid leave and sick leave. In turn, the employer must withhold personal income tax from the salary once a month and transfer it to the budget. It is 13% and is transferred to the tax office no later than two days after the salary is calculated.

An entrepreneur who has attracted a certain number of employees becomes an employer, which means he must pay contributions established by law. Insurance premiums must be paid by the 15th of each month. The contribution rate is 30% of the employee’s salary, where 22% in the Pension Fund, 5.1% in the Compulsory Medical Insurance Fund and 2.9% in the Social Insurance Fund.

When concluding a civil contract, the employer is not obliged to pay funds to the Social Insurance Fund, but transfers are allowed if desired.

Entrepreneur reporting on employee

With hired employees, the entrepreneur has an increased number of reports that must be submitted to different authorities. Accordingly, it is important for the employer to know where, within what time frame and what reports must be provided.

Employee reports are submitted to three authorities:

Tax authority;

Pension Fund;

Social Insurance Fund.

The following reports must be submitted to the tax office:

Information on the average number of employees - data is submitted once a year. They must be provided by January 20 of the following year. For example, a report for 2017 must be submitted by January 20, 2018. The information is needed so that the tax office controls the number of employees when calculating taxes and imposing special tax regimes.

Certificate 2-NDFL - the report is provided once a year until April 1 for each employee. The certificate displays information about the employee’s income, required deductions and withheld income tax for the past year. If an individual entrepreneur has more than 25 people on staff, the report is submitted electronically.

Certificate 6-NDFL - submitted quarterly until the 1st day of the next quarter. The certificate must be provided on time. For delay, in addition to a fine, the tax office has the right to block the current account.

Calculation of insurance premiums - submitted quarterly until the 30th of the next quarter.

Two reports must be submitted to the Pension Fund:

Information about insurance experience is submitted once a year at the end of the year. The report must be submitted by March 1 of the following year.
SZV-M - the report must be submitted monthly by the 15th of the next month. The document contains information about the employer and employees. The following information must be available for employees: full name, SNILS and INN.

Social Insurance Fund:

4 FSS - a report is provided once a quarter by the employer who pays contributions for accidents. The report is needed so that the employer can return part of the funds paid. Information must be provided by the 25th of the next quarter.

Registration of a part-time employee

The algorithm for hiring a part-time employee is practically no different from hiring a full-time employee. But there are several nuances:

1. Accept the application. In the job application, the employee indicates the desired position and salary.

2. Familiarization with local acts against signature.

3. Conclusion of an employment contract, where special attention is paid to the clauses on hours worked and the rate of pay.

4. Issuance of an order, which must indicate information that the employee has been hired part-time.

5. Entry into the work book. No information about the rate is provided.

When concluding an employment contract, you should calculate the number of hours for a part-time rate. The number of hours worked per day, week or month must be specifically stated. This information is needed in order to correctly calculate wages. At the same time, it is recommended to indicate the full-time salary in the employment contract, but it should be clarified that the employee was hired part-time and the salary is a smaller amount.

The law of the Russian Federation establishes a minimum wage. But, working part-time, the employee may receive less than this amount. Clarification in the employment contract will help avoid problems with the labor inspectorate and explain why payment is made in less than the established minimum.

Most often, workers get a part-time job, having a main place of work. In this case, the work book remains in the main place and no entries about part-time work are entered.

Registration of a temporary worker

In the course of work, situations arise when an employee goes on maternity leave or takes out long-term sick leave. The employer is forced to hire an additional person to carry out work duties, a temporarily absent employee.

An entrepreneur can resort to several options.

Transfer responsibilities to another employee working for him.

In this case, an additional agreement is concluded and an order is issued. The documents should include information about additional job responsibilities and changes in wages. In addition to his job functions, the employee is required to perform assigned additional duties.

Transfer of an employee to a temporarily vacant position. Previous duties are completely removed from the employee and new ones are assigned. You can stay in a position due to a transfer for no more than a year. The entry will not be entered into the work book. As soon as the absent employee returns, the replacement employee moves to his position. To carry out the transfer, the employer draws up an additional agreement to the employment contract.

Conclusion of a fixed-term contract.

A new employee with whom he has entered into a contract can replace an absent employee. The contract is drawn up in the same way as an open-ended one, but it is specified that the employee was hired to replace a temporarily absent employee. If the employee’s return date is known, you can limit the work of the new employee to specific deadlines.

We have covered issues related to the correct registration of labor relations between entrepreneurs and employees on our website more than once. For your convenience, we decided to create simple and understandable instructions showing the picture of the relationship between the individual entrepreneur and his employees as a whole.

Features of an individual entrepreneur as an employer

In addition, in some articles of the Labor Code, without indicating the status of the employer, they use the concept of “employees of the organization,” i.e. Such requirements do not apply to all employers, but only to employer organizations.

The obligation to pay severance pay upon termination of an employment contract due to a reduction in headcount or staff is prescribed only for organizations (Article 178 of the Labor Code). Article 180 of the Labor Code provides for a number of other guarantees and compensations, also only for employees of organizations. An individual entrepreneur can also pay severance pay to his employee, but on a voluntary basis, indicating such conditions in the contract.

Thus, you need to know that The law does not always impose the responsibilities of an employer on an individual entrepreneur in full.

Where to start registering an employee when hiring

The employer's brief procedure looks like this:

1. Concluding a contract with an employee - labor or civil law.
2. Registration of an individual entrepreneur with the Pension Fund and the Social Insurance Fund if this is the first contract concluded with an employee for the entrepreneur.
3. Registration of the employee in accordance with the Labor Code, if an employment contract is concluded.

Registration of a new employee in each organization has its own nuances. Despite this, there are a number of rules that are the same for everyone. They relate, first of all, to documents that are drawn up during the hiring of a new employee. The applicant should know that when applying for a job, a certain package of documents is drawn up, because in order to fill them out correctly, you may need additional information prepared in advance.

According to the law, in some cases additional documents may be required in addition to the basic ones. For example, persons who will work with dangerous and narcotic substances must also provide a medical report on their state of health. Persons entering the state or municipal service must write an application for employment and fill out a questionnaire - for all other specialists this requirement is not mandatory.

Documents that the candidate must have

Every company opening a competition for a vacancy needs a high-quality and quick selection of candidates. Therefore, in order to simplify the registration process, the legislation of the Russian Federation has compiled a list of necessary documents for registration. In accordance with Article 65 of the Labor Code, regardless of which enterprise the registration is carried out, the applicant must have the following documents with him:

• Identity documents. These include a passport or an identity card issued temporarily.
• People on military duty must present a military ID.
• If a candidate for a vacant position already has work experience and has a work book, it must also be provided when applying.
• A document that confirms that the candidate is registered in the compulsory pension insurance system. If such a document was issued by the Pension Fund.
• Documents that confirm the qualifications of the applicant for the vacancy.

When getting a job for the first time, candidates for a certain position do not have a work book or pension insurance. The HR department carries out the documentation of employment, so it is they who will deal with this documentation in this case.

The employer, guided by the specifics of the work, or in order to insure himself, may request other documents. Since such cases are regulated and specified in legislative acts, each applicant has the opportunity to familiarize himself with them independently. Documents that are not listed in the Labor Code of the Russian Federation are not mandatory when applying for a job.

The table lists the conditions that must be present in an employment contract

List of documents that are drawn up when applying for a job

The main document regulating the relationship between employer and employee is the employment contract. But there are a number of accompanying papers that are required to be completed. Hiring should be handled by a member of the HR department. He knows the registration procedure and the admission procedure.

Anyone applying for a vacant position needs to know what documents are drawn up when applying for a job. In order to fill out the required papers, they look like this:

• application for employment by a future employee;
• employment contract (drawn up in two copies);
• The order of acceptance to work;
• the first entry is made in the work book confirming the employee’s hiring for the position;
• An employee card is created using a standard form.

It is necessary to take into account the order of paperwork when applying for a job, because each of them is the basis for signing the following papers.

When hiring, the following documents are drawn up in the appropriate order:

Important information

You should be aware that violation of legal requirements may result in the imposition of fines or disciplinary sanctions on responsible employees and management of the organization. And in case of forgery of documents during employment, an employee may be dismissed under Article 81 of the Labor Code of the Russian Federation. In addition, providing knowingly false documents is subject to criminal liability.

• The job application is submitted along with all required documents (identity card, work book, etc.). The HR department employee is obliged to instruct the applicant, as well as inform him about the use of personal data and the conditions provided by the employer.
• An employment contract is a document of high importance. It indicates that the employer and employee accept common responsibilities and rights. That is why it is very important to familiarize yourself in detail with all the nuances of the work before you start signing the contract. This document is drawn up within a few days from the date the employee is hired. It is carried out in two copies, one of which remains in the HR department, and the other is given to the employee. Immediately after signing the agreement, it acquires legal force, so it is important to familiarize yourself with all its terms in advance.
• The hiring order is drawn up no later than three days from the date of arrival of the new employee. Such an order includes information about the conditions of admission, position, and salary. The registration is carried out in accordance with the standard form and is handed over to the employee for review against signature. After this, the first mark on this job is made in the work book. In this case, the date of admission, information about it, as well as on what basis the employee was hired is indicated.
• An employee card is created according to a standard form in a single copy. After its registration, all data is given to the employee for verification. If the information is entered correctly, he is obliged to certify the document with his signature. Such a card must be kept at the enterprise for up to 75 years.

Watch the video for details on how to prepare basic documents when applying for a job.

The documentation that is created during the hiring process of an employee fully regulates the rights and obligations of the employee and the employer. That is why only qualified employees are allowed to process it. All documents to be filled out have a unified form, which every employee can familiarize themselves with in advance. Thanks to this, you can prudently prepare the necessary documents for quick registration and filling the desired position.

More detailed information regarding the preparation of documents when applying for a job can be found by asking a question in the comments

Hiring involves a number of actions, the sequence of which must be followed. It is especially important to correctly and competently document the fact of concluding a remunerative relationship between an employee and an employer.

First step: when applying for a job, it consists of the employer reviewing the documents presented and making decisions about hiring an employee.

At the first stage, it is necessary to find out whether the candidate has restrictions on engaging in certain types of activities (Article 351.1 of the Labor Code of the Russian Federation). Perhaps he has restrictions on the job you are going to accept him for.

Documents presented by the employee when concluding an employment contract:
— passport or other identity document;
— work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
— insurance certificate of state pension insurance SNILS;
— military registration documents – for those liable for military service and persons subject to conscription for military service;
- a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training;
- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing state policy and legal norms regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with the Labor Code of the Russian Federation, other federal laws, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution.

In some cases, in the step-by-step hiring procedure, taking into account the specifics of the job, the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may require the presentation of additional documents when concluding an employment contract.

1. Medical examination of the employee in cases provided for by law.

Mandatory preliminary medical examination when concluding an employment contract, in accordance with Art. 69 of the Labor Code of the Russian Federation, are subject to:
- persons under 18 years of age;
- other persons in cases provided for by the Labor Code of the Russian Federation;
- other persons in cases provided for by federal laws.

1. Notifying the employer of mandatory information.

According to Art. 64.1 of the Labor Code of the Russian Federation, citizens who have filled positions, the list of which is established by regulatory legal acts of the Russian Federation, after dismissal from state or municipal service for two years, are obliged, when concluding employment contracts, to inform the employer about their last place of service.

Second step: receive a job application from the employee.
Application – a document addressed to an organization or official, with a request for admission, dismissal, transfer, leave, consideration of a complaint, etc.

The application must be completed either by hand in any form or on a stencil form. The application includes the following details: addressee (to whom it is addressed); addressee (from whom it is written); address details of the addressee (where he lives, phone number, passport details upon request); document type; text; signature; date of.

The application is not an essential document, because the law does not require this application, but it may be useful.

Firstly, in the application you can enter the information necessary for the employer to issue a personal card for inclusion in your personal file.

Secondly, in cases of disputes about working conditions agreed upon by the parties. Disputes may arise regarding working hours, working hours, etc. Mostly, disputes occur when, after an application, the employment contract is not drawn up or is drawn up, but does not contain all the conditions agreed upon by the parties.

The application form can be arbitrary, but must comply with all the requirements of GOST R6.30-2003. For example,

To the Director of the Scientific Research Institute AK
I. V. Ivanov
Petrov Ivan Ivanovich,
residing at:
st. Mira, 1, apt. 1,
Moscow

Statement

I ask you to accept me as a senior researcher at the laboratory of chemical synthesis from 08/24/20014.

Personal signature I. I. Petrov

If the application from the employee has been accepted, it should be registered in the appropriate Application log.

Third step: familiarize the employee with the documents.

According to Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee with a number of documents against signature:
— job description;
— internal labor regulations;
— a collective agreement, if concluded, as well as other local regulations directly related to the employee’s work activity.

We recommend that the employee familiarize himself, in particular, with the labor protection instructions, regulations on departments, regulations on certification, regulations on trade secrets, regulations on wages and bonuses, job descriptions, as well as work schedules and shift schedules.

Fourth step: conclusion of a written employment contract with the employee and if there are grounds for an agreement on full financial liability.

According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. When concluding employment contracts with certain categories of workers, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies. Employment contracts are registered in the Employment Contracts Registration Book.

Please note that concluding an agreement on full financial liability is not a mandatory step. However, at this stage it can also be very useful. Let’s assume that an agreement on full financial responsibility is not immediately concluded with the employee. And after being hired, he refuses to enter into this contract. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to enter into an agreement on full financial responsibility, whether it is possible to punish or fire those who are disobedient. There are different points of view on this matter among lawyers, judges, and inspectors. And in order not to prove your position to someone in an unpleasant case and to avoid unnecessary problems, it is better to conclude an agreement on full financial responsibility not long after, but at the same time as deciding on the issue of hiring and applying for a job. At the same time, do not forget that the conclusion of such agreements is possible only with a circle of employees strictly defined by the legislator.

If the enterprise is conducting Book of registration of agreements on full liability, then the concluded agreement should be registered.

Fifth step:give the employee his copy of the employment contract.

Ensure that the employee affixes a signature on the copy of the employment contract submitted to the employer confirming that the employee has received his copy of the contract. We recommend that you put the phrase “I have received a copy of the employment contract” before your signature. According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

Sixth step: issuance of an employment order.

An order (instruction) on hiring is issued in the form T-1 (on hiring an employee) or T-1a (on hiring workers), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of a concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

Note: The unified form applies “to organizations, regardless of their form of ownership, operating on the territory of the Russian Federation” (clause 2 of the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004).

When developing an “amateur” form, there is a risk of not specifying any of the mandatory details or conditions, for example, whether the work is main or part-time, whether a probationary period has been established, and payment conditions. And this will lead to negative consequences if a dispute arises with the employee in the future.

Seventh step: register an order (instruction) on hiring an employee to work in Order log(orders).

Eighth step: familiarize the employee with the order(order) on hiring against signature. According to Art. 68 of the Labor Code of the Russian Federation, the employer’s order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work.

Ninth step: make a record of employment in the work book.

According to Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. If the employee does not have a work book, the employer will issue one. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

Tenth step: it is necessary to make an entry in the Book of registration of the movement of work books and inserts for them.
The forms of the Book for recording the movement of work books and inserts for them and the Receipt and Expenditure Book for accounting for forms of work books and inserts for them are approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Eleventh step: issue a personal card for an employee, acquaint him, against signature in the personal card, with the entry made in the work book, with the information entered in the personal card. The form of the personal card T-2 is approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. The rules for issuing a personal card are discussed in the lecture “Personal Card”.

Twelfth step: draw up the employee’s personal file, if in relation to his position the employer has established the obligation to maintain a personal file. A personal file involves the preparation and acceptance of various types of documents. We will look at the rules for compiling and maintaining personal files in the lecture “Personal Files”

Thirteenth step: include the new employee in the time sheet and other documents.