Hiring an employee for the main job: detailed step-by-step instructions. Rules for applying for a job

To register an employee you will need:

Documentation

List of documents that will be required for an employee who gets a job in a limited liability company:

• passport;
• employment history;
• insurance certificate;
• educational diploma or certificate;
• military ID (if available);
• birth certificates of minor children (if any);
• other documents (provided for by the Labor Code of the Russian Federation).

Some types of activities will also require the employee to have a health certificate.

Main stages

1. Familiarization of the applicant with job descriptions and other company standards.
2. Writing an application by an employee who is being hired.
3. Conclusion of an employment contract (drawn up in two copies). It specifies the rights and obligations of the parties, information about the employee, job title and working conditions, salary, and company details. You can also register an employee under a civil contract (this gives an advantage - for such contractual agreements, sick leave and vacation payments, and contributions to the Social Insurance Fund are not required).
4. Issuing an employment order. This document indicates: the employee’s position, salary, personnel number. The order is signed on both sides.
5. Making an entry in the work book (the work book remains with the employer).
6. Drawing up a personal employee card. Familiarization of the employee with the entries in the personal card.
7. Drawing up an employee's personal file. It contains copies of all personal documents.

Registration in funds, personnel contributions

If an employer (limited liability company) hires employees for the first time, he must register with the following authorities:

• Pension fund (term - up to 30 days).
• FSS (term - up to 10 days);
• Compulsory medical insurance (term - up to 30 days).

Employment contracts will need to be registered:

• in the FSS.
• in the Pension Fund.

Not many entrepreneurs work alone. More often, to develop their business, they need assistants, whom the law obliges them to formalize.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What is the right thing to do as an individual entrepreneur when hiring employees, what do you need to know and what laws govern your actions?

What does the law say?

Every employer is required by law to officially employ employees, regardless of the type of business activity.

According to Article 67 of the Labor Code, within three days from the moment the employee is allowed to work, the employer is obliged to conclude a contract with him.

Article 66 of the Labor Code makes reference to the employer’s responsibility for maintaining work records.

According to the normative act, the entrepreneur undertakes to make an entry in the work book after 5 days from the date of taking office. Exceptions are cases when the employee is employed.

Article 226 of the Tax Code states that the employer is obliged to make deductions and transfers to the personal income tax services. And the lack of official employment is considered malicious tax evasion, for which criminal liability is provided.

If an entrepreneur ignores the requirements of the law, he faces liability:

• administrative– a fine of 30-50 thousand rubles or suspension of activities for up to 90 days;
• criminal– a fine of 100-300 thousand rubles, forced labor for up to 2 years, arrest for up to 6 months, imprisonment for up to 2 years;
• tax– penalties from inspection services, the amount of which depends on the severity of the violation.

How to apply for hiring individual entrepreneurs?

The conclusion of an employment contract and the official employment of employees implies an increase in the entrepreneur’s expenses, but also protects against penalties.

The hiring process for individual entrepreneurs is practically no different from the standard registration procedure for legal entities.

Step-by-step instruction

The actions of an individual entrepreneur when employing workers are as follows:

• conclusion of an employment or civil contract;
• registration with the Pension Fund and Social Insurance Fund;
• preparation of documents for the employee.

Registration with government agencies is required for further payment of taxes and insurance premiums.

The procedure is carried out once, when the first employee is hired. After registration, the entrepreneur receives numbers assigned to him for paying taxes. They do not have to match the numbers assigned for filing your own monthly taxes.

The deadlines are quite strict: within 10 days from the date of conclusion of the contract, the individual entrepreneur must register with the health and social insurance funds, tax authorities, and with the Pension Fund - within 1 month.

From the moment the contract is concluded, the entrepreneur undertakes to provide the employee with a social package, which includes:

• regular payment of wages on time;
• or when it is missed;
• payment of compensation upon dismissal of an employee due to the fault of the employer;
• creating safe working conditions.

Familiarization with local regulations

When hiring, an entrepreneur must familiarize potential employees with regulations, which include:

• internal regulations and requirements;
• rules for the safety of personal data of hired workers;
• wage rules;
• job description;

Regulatory acts also include other documents that regulate the rules of work, employment, payment of compensation, provision of vacations, etc. Only after familiarization with them is an employment contract signed.

Documentation

Properly drawn up documents are an important rule when employing employees. They make the relationship between employer and employees official, provide both parties with rights and oblige them to comply with the laws of the Labor Code.

Personnel nuances

When registering employees, an entrepreneur may have personnel issues.

For example, is it possible not to employ an employee, is it possible to conclude a civil contract, how to register a person engaged in commercial activities, etc.

Let's consider the most important personnel nuances that many individual entrepreneurs face:

• An entrepreneur can enter into a civil contract with applicants rather than an employment contract. When applying for it, you do not need to enter data into the work book. Labor relations are supported only by an agreement, which is limited by a time frame. It does not relieve the employer of responsibility for paying wages, but does not require paid vacations or compensation (unless otherwise specified in the contract). As for contributions to state funds, they must be made in accordance with the procedure established by law. A civil contract can be concluded only when the applicant is working temporarily, for example, when it is necessary to make repairs in an apartment. In other cases, this type of relationship is not permitted.
• An entrepreneur can employ an employee engaged in commercial activities, that is, an individual entrepreneur. The legislation of the Russian Federation does not prohibit simultaneously engaging in entrepreneurial activity and working under an employment contract. Registration takes place as usual.
• It is impossible not to employ workers for the purpose of tax evasion, just as it is impossible to falsify data.

Calculation of payments and compensations

The amount of salary and possible bonuses is negotiated during employment and is indicated in the employment contract.

The payment system is also regulated by the entrepreneur independently, but without contradicting the law, or more precisely, Article 136 of the Labor Code.

According to it, the employer must display each day worked in the time sheet.

Wage

Salaries must be paid twice a month.

For non-compliance with the rule, liability is provided:

• compensation for each day of delayed wages (1/300 of the Central Bank refinancing rate);
• a fine of up to 5 thousand rubles or suspension of activities for up to 90 days.

Any changes in the salary or date of payment of wages must be reflected in the employment contract against the signature of the employees.

Taxes and deductions

An individual entrepreneur acts as a tax agent for his employees. He undertakes to withhold personal income tax from his salary once a month and make contributions to the tax fund.

Insurance contributions to the pension fund are made the following month after the payment of wages, but no later than the 15th. Rates for employees are, as a rule, 30% of the salary, but can be adjusted depending on the employee’s health, the presence of dependent children, and working conditions.

Let's look at an example:

Ivanov’s salary was 20,000 rubles. Deductions are made from them:

• income tax 13% - 2600 is withheld from wages, the employee receives 17,400 rubles;
• in the Social Insurance Fund (3%) – 600 rubles;
• in the Federal Compulsory Medical Insurance Fund (5.1%) – 1020 rubles;
• in the private sector (16%) – 3200 rubles;
• in private private enterprises (6%) – 1200 rubles.

The employer must transfer 6,020 rubles to the pension and insurance fund for Ivanov.

Important Features

• If the employee is registered under a civil contract, then the entrepreneur is not obliged to make insurance contributions, but can do this on his own initiative.
• paid on a general basis.
• An entrepreneur must regularly prepare reports on contributions made and send them to the social and pension fund for review.

Most business entities need to hire hired labor when carrying out their activities. The hiring of workers at the enterprise is the responsibility of the organization’s personnel service, and in its absence, the responsibility of certain officials. No matter who carries out the registration of new people in the company, it is important to know how to properly hire an employee.

All the data that an employee provides to the company during an appointment does not allow a complete impression of the actual skills and abilities of this employee.

The probationary period is the period during which the employee’s work is monitored in order to determine his knowledge, skills, and abilities.

By agreement of the parties, it can be established. Legislation requires that, when drawing up a test, a document drawn up with a company employee must contain information about it.

If this condition is not reflected in the contract, then before the employee starts working, this condition can be additionally introduced by a special agreement. If this is not done, then there can be no talk of any probationary period for the employee at all.

The test must also be specified in the order that is drawn up when the employee is registered for work.

During this period, each party receives the right to terminate the existing employment relationship using a simplified procedure. The probationary period that is set for a person hired, according to general rules, cannot be more than three months.

For management personnel, in accordance with the law, it can be determined for a period of up to six months. If an employee is hired by a company under a contract with a certain period of validity from two months to six months, then the probationary period can be set for him for a period of up to two weeks.

Attention! In addition, for some categories of citizens the condition of testing cannot be included in their employment contract.

Such employees include:

• The employees are in trouble.
• Workers under 18 years of age.
• young specialists who came immediately after studying.
• Received for a period of up to two months,
• Selected by competition
• Etc.

Is it possible to hire an employee on weekends?

Legislation regulating labor relations does not establish a ban on people joining the company on non-working days. Therefore, to the question of whether it is possible to hire an employee on a day off or on a holiday, there is a positive answer.

It should be taken into account that the hiring day is the day from which the employee is on the company’s staff. It is indicated in the employment contract and employment order. The employee can begin performing duties on the next working day.

Do not forget about shift schedules, in which an employee can go to work on weekends and holidays. In this case, the day of hiring and the actual start of the job will coincide.

Hiring an employee step-by-step instructions with a detailed description

A HR employee needs to know exactly how to hire an employee. Missing one of the stages may subsequently result in the imposition of fines on the organization.

Step 1: Receive a job application

After the future employee has been informed of his desire to accept him, he needs to draw up. In ordinary companies this is not a prerequisite, but is required for organizations in the public sector.

There is no special form for the document. But usually the HR department provides a template in which you need to enter information about yourself. Along with the application, a mandatory set of documents is usually required to be provided to the organization.

Step 2. Familiarize the employee with internal regulations

Before drawing up an employment agreement with a future employee, he must be familiarized with all the company’s regulations.

To do this, you can create a special questionnaire on which the citizen will sign after reading the next document. Also, the mark can be made by affixing a signature in a special journal.

This procedure is carried out in order to prove, if necessary, that the employee was familiar with the internal local regulations of the company.

Step 3. Draw up an employment contract

The Labor Code establishes what must be concluded with the employee within the first three days from the start of his work duties. But even if the administration does not do this, and the employee continues to work anyway, it will be considered that the contract is still concluded, only in an inappropriate form.

Attention! The rules require that each party have their own signed copy when drawing up the contract. The contract may indicate the day on which the new employee must begin duties. If this is not done, the next business day will be considered the start of activity.

Step 4. Register an employment contract

After both parties have signed the agreement, it is registered in a special journal, assigning the next number.

If the employer is an individual who is not registered as an entrepreneur, the agreement must be registered with local authorities.

Step 5. Issue a hiring order

The main document registering the hiring of a new person is. Subsequently, on its basis, entries are made in other mandatory documents.

All data specified in the employment agreement is transferred to the order. The employee must read the document and sign.

To issue an order, you can use the standard form T-1, or T-1a, if several people are registering at once. You can also create an order randomly on company letterhead.

Attention! The order must contain the date from which the employee needs to start work. If he does not come out on this day, then the company has the right to unilaterally cancel this order.

Step 6. Register the order

After the order is generated, it must be registered in the order log. The company can create a single journal for all types of orders issued, or it can maintain separate registers for orders for personnel, for core activities, etc.

Keeping such a journal is mandatory and is enshrined in law. However, it is not clearly regulated in what form it should be issued. Therefore, along with paper documents, you can also generate an electronic document.

There is no single form for the log book - each company develops it based on its own needs.

When registering, the basic information from the order is transferred to the journal - date, number, type, affected employee, etc. There is no need to familiarize the employee with this entry.

Step 7. Make an entry in the work book

By law, the responsible person must if the hired employee has worked in the new place for more than five days.

The recording is made with dark-colored paste, clearly and legibly. No abbreviations should be used.

If this is the citizen’s first place of work, then the employer must open the book for him. In this case, the title page of the new form is first filled out, where all the necessary information is recorded.

The first appointment is made in the presence of the employee himself. The information entered is certified by the signature of the personnel officer, and, if available, by a seal.

Attention! Sometimes an inexperienced personnel officer makes a mistake and includes unnecessary information in the record - the presence of a probationary period, the period of validity of a fixed-term contract, the nature of the work, etc.

The entry must contain only information about the position and structural unit. This information can be taken from the admission order.

Step 8. Make an entry in the work record book

After the book is handed over by the employee to his employer, the latter is responsible for its safety. To record books in the company, a special journal must be used.

The law establishes the mandatory nature of its application, and the form of the document was developed by the Ministry of Labor.

Using the entries made in the book, you can track the arrival and issuance of a document. One line should be used for each book.

Attention! The entry in the book is made in black or blue ink without abbreviations. It is not advisable to skip empty deadlines when filling out. However, this can be done if their continuous numbering is maintained.

Step 9. Create a personal card for an employee

Must be open for each new employee. This is mandatory, and often when checking, regulatory authorities request these documents. The form of the card can be changed taking into account the specifics of the company's work, but the mandatory details must still be present in it.

You can fill out the card on a computer, or you can fill out a printed form with a pen by hand. Due to the fact that the information specified in the card relates to personal data, it must be stored in special cabinets that are locked with a key, or on a password-protected computer.

There is no exact deadline for the card when it needs to be drawn up. Usually the personnel officer does this immediately after drawing up an appointment order.

The following sources are used to enter data into the card:

• The order of acceptance to work;
• Identity document;
• Employment history;
• TIN and SNILS forms;
• Military registration document;
• Document confirming education;
• Other documents provided by the employee.

Attention! When entering certain information, the employee must familiarize himself with it against signature.

Step 10. Create a personal file

Within seven days from the date of hiring the employee, you need to open a personal file for him. In order to do this, the full name is written on the cover of a separate folder. employee, date of opening of the case, serial number. During the entire period of work, documents related to it are attached here.

The personal file must contain:

• Personal card with photo;
• Autobiography;
• A copy of the education document;
• Statements for the entire period of work;
• Copies of orders for the employee;
• Employment contract with the employee;
• Job description;
• Reviews, recommendations, characteristics;
• Other other documents.

bukhproffi

Important! The personal file must contain an inventory of all documents contained in it. Any of them can be withdrawn only with the permission of the head of the company or the head of the personnel department.

Documents when applying for a job - what can be requested and what cannot

Mandatory documents

Documents that must be presented when applying for a job include:

• Passport or other document that can be used to prove your identity. Minors without a passport may present a birth certificate. If the passport is being replaced, a temporary certificate is used.
• Employment history. This is the main document recording the employee’s length of service. You don’t have to bring the book if you are looking for a part-time job, or if this is your first place of work. In the latter case, the responsibility to open the book falls on the employer.
• . It is not presented if this is the first place of work - the employer also registers it independently.
• Military registration document. Depending on the status, a military ID or a certificate of a citizen subject to conscription is presented.
• Document on education, qualifications, etc. A diploma of secondary or higher education, a certificate, a certificate of qualification and other similar documents may be presented.
• Certificate of no criminal record. Presented when applying for positions that are not open to citizens with a criminal record.

Additional documents

When applying for employment in certain industries or for certain positions, the employer may ask for additional documents. He does this in compliance with the requirements of federal laws, presidential decrees and other government regulations.

These include:

• Certificate of working conditions at the main place - if the employee gets a part-time job in a place with harmful and dangerous working conditions;
• A medical report on the state of health must be provided if a citizen is employed in the Narcological Control Service, in the civil service, or the future employee is a minor.
• Certificate about the amount of income and available property - if a citizen gets a job in the civil service or fills a position in the municipal service, and this position is included in a separate list.

The following documents are not mandatory, but their provision will enable the employee to receive some benefits:

• Certificate of existing pregnancy for women;
• Certificate of family composition;
• Copies of children's birth certificates;
• Certificates of income received from the previous place of work.

What documents does the employer not have the right to require?

The HR department employee may require you to provide some documents upon admission, and if you refuse to do so, you will not be hired. However, this is illegal and can easily be challenged in court.

Such documents include:

• Document confirming registration. The Labor Code does not establish a rule according to which an organization is obliged to monitor the registration of its employee at his place of residence. Just as a company cannot establish advantages in registration for those citizens who live in a certain area or have official registration there. The company has no right to refuse employment to those employees who do not have registration at their address of residence, location, or location of the company.
• . The company does not have the right to demand the provision of a TIN, since it is not established as mandatory by labor legislation.

Hiring an employee on staff according to the rules of the law. Deadlines for registration. Required documents. Entry in the work book.

Sometimes an employer fools a new employee when applying for a job. Requires you to bring documents about which there is not a word in the Labor Code, refuses to make an entry in the work book or does not want to draw up an employment contract. Rabota.ru found out all the details about the hiring procedure. Which documents are required and which are optional. When should an entry be made in the work book?

The confusion with paperwork that a new employee is involved in from the first days of work is not the best way to adapt to the workplace. As a result, some run away without waiting for the desired entry in the work book.

In February, Alena got a job. A layout designer with a probationary period of three months. They promised to apply for a job on the first working day. Alena brought her Taxpayer Identification Number (TIN), pension certificate, and work book. I even completed registration the day before and took photos. But at the request of the HR department, its registration was postponed. First for the day. Then two more.

On the fourth day, Alena was typing up a booklet, watching out of the corner of her eye as the boss rummaged through the pile of papers on the employees’ desk, trying to find a sample job application. And out of the corner of my ear I hear how the head of the department finds out from the personnel officer over the phone whether there is a position of layout designer in the staffing table!

The job application had to be rewritten four times: either it was not written according to the form, or the date was not indicated, or the salary was missing. In the end, the endorsed application along with all the documents landed on the personnel officer’s desk, and Alena filled out the form. And a week later, the boss invited her to write a statement again. Now about hiring for the position of moderator.

It turned out that the entry in Alena’s work book had not yet been made. The previous staffing schedule does not provide for a layout designer. Only the general director can approve a new one, and he is on vacation. “You will be appointed as a moderator so that you can receive your salary on time,” the boss convinced. - Moderator's. Then you’ll write an application for the position of layout designer, and they’ll pay you the difference.”

It doesn’t seem to be a big deal, but there is a pitfall. If an inspection unexpectedly comes to the HR department, then the props necessary to receive a salary will turn into reality. Alena, the layout designer, will urgently have to make an entry about moderation. But the boss promised not to let this happen. "Do you believe me?" - he asked.

The last straw was the phrase that entry into the labor record is made upon passing the probationary period. Alena couldn’t stand it and took the work book. Paperwork resulted in the loss of an employee for the company.

Documents required when applying for a job

Five steps—and you are in the state

There are companies in which the registration mechanism works without failures. Employees do not solve personnel puzzles while sulking in the corner, but confidently settle into a new place.

Below is a standard step-by-step description of the procedure for registering an employee as a staff member.

Step one. You are writing a job application. In it you indicate the name of the organization, the name of the manager, your position, structural unit, conditions of admission and date.

The manager endorses the application, indicates the salary, signs and dates it. Then the job application is submitted to the HR department along with all the necessary (see table) documents.

Step two. You get acquainted with the internal labor regulations, collective agreement and other regulations (Article 68 of the Labor Code of the Russian Federation).

Step three. The employer enters into an employment contract with you. It indicates work and rest time, vacation, salary and all allowances (Article 57 of the Labor Code of the Russian Federation). The agreement is signed by both parties. One copy is kept in the HR department, the other is with you. An employer's refusal to sign an employment contract is a violation of the law.

By the way: if you have already started working and the contract has not yet been signed, it is considered that it is concluded automatically (Article 67 of the Labor Code of the Russian Federation). It is necessary to consolidate the employment relationship on paper within three working days from the moment of your arrival. It is illegal to stall for time.

Step four. The HR department issues a hiring order. You meet him and sign.

Step five. Entry in the work book. By law, she must appear within a week from the date the employment order is issued.
If an employer refuses to make an entry in the work book, he is breaking the law. And it doesn’t matter at all that you work temporarily or are on a probationary period. According to the Labor Code (Article 66), an entry in the work book is granted to every employee (not part-time worker) who has worked for the company for more than five days.

An entry about the probationary period is not made in the work book - only in the employment order and in the employment contract. But if you do not pass the strength test, your labor report will write: “Dismissed due to unsatisfactory test results.”

Have you passed? Then a document will be added to the employment contract, which records the change in salary, if it was intended. The probationary period cannot be extended (Article 70 of the Labor Code). But if you cope with your work successfully, it may end earlier.

The requirements for registering an employee for work, as specified in the Labor Code, may vary slightly. However, conscientious companies prefer not to delay this process. They quickly fill out the documents, make an entry in the work book, and the new employee becomes a full-time employee.

Natalya Poletaeva

As a rule, a specially designated department, called personnel, handles the registration of new employees. HR workers screen applicants, select suitable candidates, conduct interviews, formalize the hiring of new employees, arrange their leave, transfers, dismissal and resolve other issues related to personnel. How are new employees hired in 2018?

If the enterprise does not have a personnel service, then any authorized employee is responsible for hiring new employees.

Hiring a new employee: main points

New employee undergoing medical examinations

Primary medical examinations are not required for all positions. The list of categories of workers for whom it is necessary to undergo a medical examination before starting work is given in Article 213 of the Labor Code of the Russian Federation:

• Working in harmful and dangerous working conditions;
• whose work is related to traffic;
• Workers in the food industry, public catering and trade;
• Workers of water works;
• Medical personnel;
• Working in child care institutions;
• Under the age of 18.

The above-mentioned workers must first undergo a medical examination before being registered as a member of the enterprise. You can read more about undergoing medical examinations, tax and accounting of expenses for medical examinations.

Job responsibilities of the new employee

Job responsibilities are specified in the job description, which a person must carefully study. Each position has its own job description.

In addition to this document, the employee also needs to be introduced to the internal labor regulations, a sample of which can be found.

In addition, the organization may have a collective agreement and other internal local acts regulating issues related to personnel. The employee must also familiarize himself with these documents in order to know his rights and obligations.

Employment contract with the employee

The next step that must be taken when hiring a new person is to conclude an employment contract with him. It can be urgent or indefinite. The first is for a certain period, which is important for one-time work, when replacing another employee, for example, while he is on parental leave, as well as in other cases. does not have an expiration date, that is, it is concluded for an indefinite period.

Employment contract is an agreement between an employee and an employer, containing the rights and obligations of the parties. Drawed up in two copies: for the employee and the employer, signed by both parties.

A civil contract can also be concluded with the employee. This is very convenient for the employer; there is no need to issue leave to employees, pay sick leave, or contribute to funds. But it is not always possible to conclude it; certain conditions must be met, in particular, it must presuppose the final result. We will talk more about this type of contract in another article.

Liability Agreement

If a person is hired for a position that involves financial responsibility, then it is necessary to conclude an agreement with him on full or partial financial responsibility.

Examples of such workers include accounting staff, warehouse staff, sales staff and other personnel with access to material or monetary assets.

Trade secret agreement

If necessary, when hiring a new employee, an agreement is concluded with him, guaranteeing non-disclosure of trade secrets; you can download a sample of such an agreement at.

After the necessary agreements are drawn up and signed, they are registered in a special registration book, in which the employee puts his signature. This record will help the employer in the future to prove that contracts were concluded with the employee (labor, financial liability, non-disclosure of trade secrets).

Job application

After completing the steps above, the employee writes a job application. This document is not mandatory, but, nevertheless, most employers still require it.

It is written by the employee on an A4 sheet of paper in any form addressed to the head of the organization.

A sample of writing a job application can be downloaded.

The order of acceptance to work

Based on the employee’s application, a hiring order is drawn up. For registration, you can use the unified one. The first is used when hiring one person, the second when hiring a group of employees.

The procedure for filling out an order can be viewed, where unified order forms are presented for downloading, as well as a sample of filling out the order.

Filling out a work book

Based on the approved order for employment, a personnel employee or other responsible specialist makes an entry in the work book. In this case, it is indicated on what date the new employee was hired, in what position, in what organization. The data to be filled out is taken from the order.

Sometimes this step can be completed later, but the work book still needs to be obtained from the employee.

Information about the entry made in the work book is subject to reflection in the book of accounting for the movement of work books.

After this, the employee can begin his duties, and the personnel employee registers for him, and, if necessary, opens a personal account.

To complete these documents, the employee is required to obtain a passport, educational documents, military ID, a job application, and a questionnaire with biographical data.

Further, the work activity of the new employee is subject to reflection in the working time sheet, drawn up in form T-12 or. The time sheet records all employee appearances and absences, indicating the reason for absence.

The new employee also needs to take out a medical policy for compulsory health insurance, as well as a plastic salary card (if the salary at the company is issued by non-cash means).