A potential employee must provide documents to the future employer, without which it is impossible to issue labor relations.
The law establishes mandatory requirements, in accordance with which must be provided:

1. Passport citizen. Alternatively, any other identity document, for example, a temporary certificate. We are needed in order to identify the employee as a full-fledged subject of labor relations, confirm its rights and obligations;
2. Pension insurance certificate. It is issued by the territorial department of the Pension Fund and is a small card of light green color. Details of this document will allow the employer to make the contribution provided by the Law;
3. Inn - Individual taxpayer number. It is possible in the tax inspectorate. There is also a service at which the INN will be imprinted on one of the pages of the passport;
4. Employment history Fixes all information about getting experience, work in other organizations, promotions, penalties. Based on this document, work experience is determined. It will be necessary to purchase it if a potential employee has not previously worked anywhere;
5. Military ID (assigned or certified form). In practice, it is not required in all cases. We are necessary for execution by the employer responsibilities for the notification of the district commissariat if the employee is registered and will have to serve in the Armed Forces;
6. Diploma, certificate, testimony, certificate of learning passage. The need for this document depends on the specialization to which the candidate must have. You can take a worker without education - this is not prohibited;
7. Other documentsThe need for the presence of which is expected due to the specifics of future work. The request for these documents should be carried out only by law. Usually these are various references about the lack of conjunction, the facts of committing offenses, crimes. For example, the one who wants to take the position of the teacher is obliged to provide a certificate about the absence of criminal record.

Almost all employers practice wage payments by a non-cash method on a bank card employee. In this case, it is necessary to apply to the main package of documents details of your bank account for transfer. You can get them in any branch of the banking organization.

Employer Responsibilities for Employee Employment

To officially issue an employee, you will have to take on execution of several important obligations:

1. Acquaint the applicant with the basic internal documents of the Organization, provisions that regulate the procedure for carrying out activities, work, schedule. The candidate should explore various safety instructions. The study procedure itself cannot be held later than the design and entry into force of labor relations. The candidate must have a clear idea of \u200b\u200bthe activity that will be obliged to exercise.
2. The first official employment of the employee is accompanied by the burden of small financial costs of the employer on the workbook blank. Throughout the term of the contract, this document will be stored at the employer.
3. The employer in the presence of certain circumstances is obliged at his own expense to organize an inspection of a candidate's medical worker to make sure that the applicant will be able to fulfill the work function and do not harm his health.

Employment of juvenile workers

Taking minors, it should be borne in mind that there are special requirements for their employment regime for their employment.

To accept them, and at the same time not to break anything, you need to perform 2 conditions: to organize a medical examination of such an employee and obtain the permission of social protection bodies.

For a medical examination, health care institutions are attracted for a fee, and for obtaining permission, a minor fills a special form to which the employer is obliged to attach projects and job descriptions. It will be possible to issue labor relations only after receiving a written permission certified by the authorized head of the social protection authority.

Probation

To find out whether the professional level of employee meets the requirements of the organization, it is possible by checking his work skills for a certain period. If it turns out that the skills leave much to be desired, then cooperation ends.

However, the condition for the probationary period is not allowed to be established in relation to:

• Juvenile;
• Pregnant women;
• Women with a child of 1.5 years and younger;
• Workers who won the competition;
• Translated from another organization;
• Citizens, since the end of study, with a specialty which took no more than a year;
• Employees, the term of labor relations with which is less than 2 months.

To determine the permissible trial period, you can use a small table:

Algorithm of labor relations

To know how to make a work worker correctly, you should use a legally correct action plan:

Step 1. Familiarize the employee with the rules of the domestic labor regulation, collective agreement, safety instructions, job descriptions, labor protection instructions. Acquaintance to carry out a personal painting, one of the copies of the job instruction to issue. If necessary, you can give the hands of other local acts necessary in the work. At this stage, some potential employees may decide that work does not fit them. Release them will be possible without unnecessary bureaucratic procedures.

Step 2. When the employee studied the main documents, on the basis of which will lead their activities and agreed with everything, he must write an application for employment. Application to specify the position to which the rate claims is. The statement takes the secretary and begins to form a personal business of the employee. A personal number is assigned a number, a mark is set about the date of commencement.

Step 3. The employee provides all the necessary documents for employment. The secretary of the organization checks the originals of these documents for compliance with the laws and makes the necessary copies. Subsequently, they are placed together with a statement in the "Personal Business" folder.

Step 4. The employment contract is concluded, in accordance with which the labor rights and obligations of each party arise and function. It is prepared in several copies, for each side. This document is signed by them at the time of the conclusion. It is desirable that the employee assure the fact of obtaining his instance with a personal signature. Subscribe recommended each page. Alternatively, you can sew a document and assure a cursed cover with the inscription "Stasted and numbered."

Step 5. The order for the adoption of the employee is published. This orders of a typical form is established by law. The order is signed by the representative of the employer. With him, the employee must be familiar with it within 3 days from the moment of work. To give him a second copy to him no need, but according to the employee's statement, it can get a certified copy.

Step 6. A record of the employment book is made, which the employee gave or issued an employer at his own expense. The entry contains information about how the number and what position is adopted by the employee, the name of the employer and the details of the order of employment.

After that, employment relationship is considered finally decorated. Next, it will be necessary to carry out mandatory introductory instruction in order to ensure the safe execution by the employee of his official duties, primary instructions from the direct supervisor.

Features of employment for IP

A legal entity or individual entrepreneur may officially accept the employee. The algorithm is general in both cases, however, the entrepreneur must know about how to make an employee , if he does it for the first time.

A feature in this case is as follows: any employer is obliged to make special payments for its employees to the Pension Fund and the Social Insurance Fund. The organization is necessarily registered in these bodies immediately after its creation as an employer. But IP is not obliged to do it right away.

Many IP believe that there is no need for such actions, because they pay the necessary contributions by default. It should be understood that there are very clear distinctions. Just make contributions and pay for their employees - a big difference.

So, as IP to issue an employee and do everything legally competently:

Since the appearance of the first employee, the employer has 30 days to register in the Pension Fund of the Russian Federation. To do this, you need to prepare an application (form on the PFR website), attach the following documents and send the Package to the territorial office of the FIU:

• A copy of the taxpayer identification code;
• A copy of the passport;
• A copy of the contract with the employee;
• Copies of SNILS and certificate of registration, an extract from the EGRIP.

You can register as an employer before and after accepting an employee. After the employer is taking a job, there are 10 days to collect the necessary package of documents and provide in FSS:

• A copy of the passports, the Inn entrepreneur and his employees (if they are already accepted);
• A copy of the certificate of state. entrepreneur registration (certificate is issued during registration);
• An extract from the single register of individual entrepreneurs (ordered in the tax service, the date of statement should not exceed 30 days at the time of submission of the application);
• If necessary, a copy of the notification that IP works on or;
• Copies of notifications about the formulation of IP and employees to record in the Pension Fund;
• Copies of labor contracts and labor books of workers.

Registration of an employee on the floor rates

The employee's adoption scheme on the floor rate is practically no different from receiving a full-time day, but should take into account several features. So, the algorithm looks like this.

1. Adoption from an employee of an application for admission to work. In a statement, the employee necessarily indicates the position and the size of the rate to which claims. Floor rates are designated in a statement as 0.5.
2. Acquaintance with the main internal documents regulating the organization's organization under a personal signature.
3. Conclusion of the employment contract. In this case, attention should be focused on the points of the contract dedicated to the daily development of employee hours and the size of the bet.
4. Publishing an order for employment. The order states that the employee is accepted by 0.5 bets.
5. Accepted for storage Labor book. A record is recorded in the book, but without clarifying how the employee is accepted at what bid.

The following features should be taken into account.

1. Labor contract.
2. When concluding the contract, the number of hours for an incomplete bet is calculated based on the size of the full bet. For different categories of workers, the size of the full bet will be different and, accordingly, the floor rate will also differ.

In practice, this means the following. As a general rule, the full rate of production is 8 hours a day or 40 hours a week. But, for example, pedagogical workers the rate can be at level 18, 20 or 24 hours a week.

That is, if most of the employees have a floor of the floor will be 4 hours a day, 20 per week, etc., then teachers or other categories, this number of hours will be less depending on the full bet.

Therefore, the contract specifically prescribes the number of hours worked out a day, a week or a month, depending on the work schedule.

1. It is recommended to indicate the amount of wages for the full rateAt the same time register that the actual wage in connection with the adoption by 0.5 rates is a smaller amount (indicate exactly what).

Such an indication is necessary, due to the fact that in the territory of the Russian Federation there is a legal condition for the amount of minimum wage, below which the employee's work is prohibited. In each region, the minimum wage is slightly different, depending on the acting coefficient.

To avoid problems when conducting inspections of the Labor Inspectorate, it is necessary to clarify in the contract how the payment of the worker's work is calculated and why it is less than the minimum established by law.

1. Employment history. At 0.5 rates, workers who have the main place of work in which the employment record is kept is very often arranged. Usually it remains at the main place of work, and that the employee operates in addition to the floor of the bet for another employer, no entries are made.

An employee simply prepares copies of all pages of the employer (certified by the employer at the main place of work) and transfers them to the organization, where it will work on the floor. Usually such work is called part-time.

Registration of temporary employee

In case of temporary absence at the work of one of the staff due to illness, exit to the decree, long holidays, etc. The employer may have a need to attract another person to temporarily perform work for which the missing employee answered.

The main options for attracting several times to this work.

1. The simplest thing is to transfer the duties of the absent person to the same organization. To do this, it is enough to arrange an additional agreement with him and issue an order within the organization. In agreement and the order, you should specify possible changes in wages and a list of functions that are temporarily transmitted.

Such an employee will have to fulfill its main work, as well as additional duties assigned to it. Therefore, for the effectiveness and effectiveness of the organization's activities, this decision is not always successful.

1. In order not to overload the extra charges of its employees, you can make a translation. In this case, the employee who is entrusted with the conference is temporarily absent, will be obliged to perform only new labor functions for itself. Official duties for its previous work are completely removed from it.

Translation is possible for a period of no more than 1 year. The record in the workbook is usually not done, except in cases where the employee is as a result, it is proposed to perform substitution functions on an ongoing basis. In this case, an entry is recorded in the workbook on the translation to a new job since the start of the actual substitution.

Otherwise, when a temporarily missing employee returns to the execution of his duties, who replaced his employee moves to the previous position he held earlier.

Translation to another job, regardless of the prospects for such a translation, is always issued with the consent of the employee, by concluding an additional agreement to the employment contract.

1. Conclusion of an urgent employment contract. Another option for replacing a temporarily absent employee may be the adoption of a new employee under an urgent employment contract. The procedure for registration is no different from admission to an indefinite agreement, except that the agreement itself indicates that a citizen is accepted for the purposes of replacing the temporarily absent employee, and will have to release a position when the main employee returns.

It may be specified the exact period on which it is a contract if the exact date is known when the main employee returns to work.

How to make an employee not pay taxes

There are the following options not to pay taxes for the employee.

1. Do not enter into an employment contract and not to keep any accounting, personnel and other documents about its work of a citizen. In other words, the employee will have a person with whom no written agreements are not made. This face receives wages unofficially.

This option is very profitable, but very risky. If the truth reveals and will be recognized that the contract with it was not prisoner, the legal entity or IP is waiting for serious penalties. The lack of documents on the implementation of an employee of an employment function can be challenged with testimony or facts of regular cash transfers.

1. Registration with a civil law contract. In contrast to the employment contract, such an agreement does not provide for the emergence of the official status of the employee, and, accordingly, the need to pay tax payments.

But if the labor inspectorate will find out that such an employee regularly performs its work function (for example, every day 8 hours must be in the workplace), then it may also fly the employer, impose significant penalties on it and forced to conclude an employment contract.

To avoid punishment, the concepts in the civil contract should be carefully formulated. Nothing should indicate the systematic work. In the contract, only the specific result of the execution should appear (at the same time, for the achievement of such a result, a long time will probably work).

The worker can register as an individual entrepreneur and any taxes, an employer (in this case he will act as the customer) will not have to pay. But on the employee himself, the burden of paying many of various payments will be imposed, so such registration of relations for it is only advisable when performing expensive types of work, which will be able to excavate the costs associated with the design of the MP.

Acceptance of work implies a number of actions, the sequence of which must be fulfilled. It is especially important correctly and competently documented the fact of concluding compensated relationship between the employee and the employer.

First step: When admission to work consistent with the employer of presented documents and making a decision on the admission of an employee to work.

At the first stage, it is necessary to find out if the candidate has restrictions on the occupation of certain types of activities (Art. 351.1 of the Labor Code of the Russian Federation). Perhaps he has restrictions on the work that you are going to take it.

Documents imposed by the employee at the conclusion of the employment contract:
- passport or other document certifying;
- Labor book, except when the employment contract is for the first time or an employee comes to work on a part-time environment;
- insurance certificate of state pension insurance reduss;
- Military accounting documents - for military-ridden and persons subject to military service;
- a document on education and (or) on qualifications or the availability of special knowledge - when admitting work requiring special knowledge or special training;
- certificate of the presence (absence) of criminal proceedings or (or) the fact of criminal prosecution either on the termination of criminal prosecution on rehabilitation reasons issued in the manner and in the form, which are established by the federal executive body, carrying out functions to develop and implement state policies and regulatory legal Regulation in the field of internal affairs - when admitting work related to activities, to the implementation of which, in accordance with the Labor Code of the Russian Federation, other federal laws are not allowed by persons who have or having a criminal case subjected to prosecution.

In some cases, in the step-by-step procedure for admission to work, taking into account the specifics of the work of the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and the Resolutions of the Government of the Russian Federation, there may be a need for additional documents when concluding an employment contract.

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

Mandatory preliminary medical examination at the conclusion of an employment contract, according to Art. 69 TK RF, are subject to:
- persons who have not reached the age of 18;
- other persons in cases provided for by the Labor Code of the Russian Federation;
- other persons in cases provided for by federal laws.

1. Message to the employer of mandatory information.

According to Art. 64.1 TC RF citizens who have replaced positions, the list of which is established by the regulatory legal acts of the Russian Federation, after dismissal from the state or municipal service for two years, they are obliged to inform the last place of service for two years.

Second step: Get a job appointment from the employee.
Application - a document addressed to the organization or a job person, with a request to accept, dismiss, translating, providing holidays, consideration of the complaint, etc.

The application is issued either by hand in arbitrary form, or on a screen form. The application includes the following details: addressee (addressed); Address (from whom it is written); Address details of the addressee (where he lives, tel., Passport details on request); document type; text; signature; date.

The application is not an indispensable document, because the law does not require the mandatory availability of this statement, but it can be useful.

First, in the application you can make the attention necessary to the employer for the execution of a personal card, for entering into a personal matter.

Secondly, in cases of disputes on labor conditions agreed by the parties. Disputes may arise with respect to working time, work modes, etc. Mostly disputes happen when the employment contract is not issued or issued, but does not contain all the conditions specified by the parties.

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

Director of the Research Institute of Ak
I. V. Ivanov
Petrova Ivan Ivanovich,
residing at:
ul. Mira, D.1, KV.1,
Moscow

Statement

Please accept me to the post of senior researcher of the laboratory of chemical synthesis from 24.08.20014.

Personal signatureI. I. Petrov

If the application from the employee was taken, it should be registered in the appropriate Magazine registration of applications.

Third step: Find your employee with documents.

According to Art. 68 of the Labor Code of the Russian Federation when admission to work (before the signing of an employment contract), the employer is obliged to familiarize the employee under the painting with a number of documents:
- job description;
- the rules of the internal labor regulation;
- Collective Treaty, if it is concluded, as well as with other local regulatory acts directly related to the employment of the employee.

We recommend familiarizing the employee, in particular, with the instructions for labor protection, regulations on the departments, the state of certification, the provision of commercial secret, the position of remuneration and bonuses, the job description, as well as with work schedules, replacement schedules.

Fourth Step: Conclusion with a written employment contract and in the presence of the foundations of a contract of full liability.

According to Art. 67 of the Labor Code of the Russian Federation the employment contract is in writing, is drawn up in two copies, each of which is signed by the parties. When concluding employment contracts with certain categories of employees with labor legislation and other regulatory legal acts containing labor law standards, it may be necessary to harmonize the possibility of concluding employment contracts or their conditions with appropriate persons or bodies that are not employers under these treaties, or drawing up employment contracts In more instances. Labor contracts are registered in the book of registration of employment contracts.

Please note that the conclusion of a contract for full material responsibility is not a mandatory step. However, he may be very useful at this stage. Suppose that the employee immediately does not conclude a contract for full liability. And after acceptance to work, this contract is already refused. The law does not indicate directly how to resolve this situation: it is possible to force an employee to conclude a contract of complete liability, whether it is possible to punish or dismiss unprofitable. Among the lawyers, judges, inspectors there are different points of view about this. And in order not to prove to someone's position with an unpleasant case and avoid unnecessary problems, it is better to conclude an agreement on full material responsibility not much after, but simultaneously with the decision of the reception and registration of it. At the same time, do not forget that the conclusion of such contracts is possible only with a circle of employees in terms of the legislator.

If the company is conducted The book of registration of contracts for full material responsibility,the concluded contract should be registered.

Fifth step: Hand to the worker his copy of the employment contract.

Ensure an affiliation by an employee at an instance of an employment contract transmitted by the employer, signature confirming the receipt by the employee of its copy of the contract. We recommend to put the phrase "instance of the employment contract I received". According to Art. 67 TK RF, one copy of the employment contract is transferred to the employee, another is stored with the employer. The acquisition of an employee of an employment contract must be confirmed by the employee's signature at an instance of an employment contract stored at the employer.

Sixth step: Publishing an order for employment.

Order (order) about admission to work is issued in form T-1 (about the reception of the employee) or T-1A (about receiving employees) Approved by the Resolution of the State Statistics Committee of the Russian Federation No. 1 dated January 05, 2004. On the basis of the concluded employment contract, and its content should strictly comply with the conditions of the concluded employment contract.

Note: The unified form is distributed "on the organization, regardless of the form of ownership, operating in the territory of the Russian Federation" (paragraph 2 of the Resolution of the State Statistics Committee of the Russian Federation No. 1 of January 05, 2004).

When developing a "amateur" form, there is a risk of not specifying any of the mandatory details or conditions, for example, whether the work is the main or part-time, whether the probationary period is established, the wage conditions. And this will lead to negative consequences in the event of a dispute with an employee in the future.

Seventh Step: Register an order (Order) about receiving an employee to work in Journal registration orders (orders).

Eighth Step: Familiarize the employee with order(by order) about admission to work under the painting. According to Art. 68 of the Labor Code of the Russian Federation Order (order) of the employer about the admission to work is announced by the employee under the painting within a three-day period from the date of the actual start of work.

Ninth step: Make an entry on employment in the employment record.

According to Art. 66 TK RF Employer (with the exception of employers - individuals who are not individual entrepreneurs) leads jobbooks for each employee who has worked for more than five days, in the case when the work of this employer is for the employee of the main one. If there is no workbook employee, then the employer makes it. At the request of the employee, information about work on part-time work is made to the labor record at the place of main work on the basis of a document confirming part-time work.

Tenth Step:it is necessary to record in the book of accounting of labor books and inserts to them.
Forms of booking the movement of labor books and inserts to them and the acquisition-expenditure book for accounting forms of labor books and inserts to them approved by the Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Eleventh Step: Make a personal card on the employee, To acquaint him with a painting in a personal card with a record introduced into the workbook, with information included in the personal card. The form of the personal card T-2 approved by the decision of the State Statistics Committee of the Russian Federation No. 1 dated January 05/2004. Rules Registration of the Personal Card are considered in the lecture "Personal Card".

Twelfth Step: make a personal business of the employee If in relation to his position the employer is committed to personal affairs. A personal case involves the design and adoption of various kinds of documents. On the rules of the acquisition and conduct of personal cases, we will consider in the lecture "Personal Business"

Thirteenth Step: Include a new employee in working hours accounting tabel and other documents.

Registration of an employee to work is a very important component of labor relations. When executing the employment documents, it is necessary to adhere to a number of rules, otherwise the emergence of problems with regulatory authorities is not excluded.

The procedure for receiving an employee to work

According to the current order, when the device of a new employee must act in the following sequence:
1. The applicant writes an application for employment, while it provides all the necessary documents;
2. Acquaintance with the regulation with organizational documents, which will be followed by a future employee;
3. Conclusion of the employment contract;
4. A personal card is started for a sample employee N2, as well as a personal matter;
5. The employee's employment record is made about employment.

Documents that need to be provided when designing:
- identification;
- certificate of pension insurance;
- employment history;
- Documents on education and military accounting.

There are cases when it is necessary to provide additional documents. For example, if the work is related to narcotic or hazardous substances, it is necessary to provide a certificate of material condition and medical certificates.

Familiarization with regulatory acts

According to the current legislation, the new employee is obliged to see the internal documents of the enterprise before entering into an employment contract. It may be the rules of schedule, and various instructions, and a collective agreement. The involvement of the documents with the documents can be delivered both in the statement, which is attached to the documents and in a special journal.

Drawing up an employment contract and issuance of an order for registration

The employment contract is the main regulatory document between the employer and its employee. Here everything should be painted in the smallest details. After concluding the contract and signing all the necessary documents, the employer must publish a decree on the admission of a person to work. An employee must provide his copy of the order and to get acquainted with it.

Registration of personnel documents and personal employee card

All necessary documents are filled with personnel staff. There is also an employee's personal case, which indicates personal information about him, as well as all types of rewards, penalties and advancement of the career ladder. The corresponding marks must be made to the employee's labor record.

Making a man on Pol

In this case, it follows in the labor contract to clearly register the schedule of the working day and its magnitude. The rights and obligations of such employees do not differ from the rest of colleagues.

Design of student

The student's employment should not exceed 18 hours a week, and for such employees there is an additional vacation:
- a month for passing state exams;
- 15 days to give the session;
- 4 months to protect diploma and preparation of all examination works.

Man's design with disabilities

The employment of the disabled person is made according to the procedure adopted, but at the same time the enterprise must provide him with additional benefits:
- if a person is I or II group, he should not work more than 35 hours a week;
- 60 days of additional unpaid rest and 30 days of vacation per year.
To work that provides for the harmful conditions is forbidden to take a person with disabilities.

Acceptance of the part-book: Approximate step by step procedure

Acceptance of the part-book:

Approximate step by step procedure

Steps preceding the design of the admission of a part-time job

• Presentation by employee documents. Adoption by the employer of documents from the future employee. Consideration by the employer of presented documents and the decision on e.mE employee to work.

At this stage, it is necessary to find out, there are or not at the candidate restrictions on the occupation of certain types of activities (Art. 351.1 of the Labor Code of the Russian Federation).

According to Art. 283 of the Labor Code of the Russian Federation when admission to work on part-time to another employer, the employee is obliged to present a passport or other document certifying the personality. When admission to work on part-time requiring special knowledge, the employer has the right to demand an employee of the presentation of a document on education and (or) on qualification or its properly certified copy, and when admission to work with harmful and (or) hazardous working conditions - a certificate of Character and working conditions at the main place of work.

When making a decision on employment, it should be remembered that part-time work is not allowed:

Persons under the age of eighteen;

On work with harmful and (or) hazardous working conditions, if the main work is related to the same conditions;

A number of prohibitions and constraints are installed for judges, prosecutors, police officers, military personnel, civil servants, municipal employees, etc.

The employer (personnel worker or other authorized person) meets submitted documents, checks their authenticity.

If the parties shall be decided on the admission of an employee to work for the employer, then in the future, the employer (personnel worker or other authorized person) removes copies from documents and assures them (if necessary, the premises of such copies in the employee's personal business in cases where the employer has personal Cases of employees), transfers information from submitted documents to the personal card of the employee, then the original documents (passports, the document on education, etc.) are returned to the employee.

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

According to Art. 69 TC RF, with a compulsory preliminary medical examination at the conclusion of the employment contract:

1) persons who have not reached the age of eighteen;

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

• Message to the employer of mandatory information.

According to Art. 64.1 TC RF citizens who have replaced positions, the list of which is established by the regulatory legal acts of the Russian Federation, after dismissal from the state or municipal service for two years, they are obliged to inform the last place of service for two years.

Steps to make a part-time job

1. Getting from an employee of an application for admission to work.

This step step-by-step procedure for admission to the part-book it is not mandatory for most employers, because the Labor Code of the Russian Federation does not provide for the submission by the employee of such an application. The application is obligatory when entering the state and municipal service (Federal Law of 27.07.2004 N 79-FZ "On the State Civil Service of the Russian Federation", Art. 26, Federal Law of 02.03.2007 N 25-FZ "On the municipal service in the Russian Federation ", Art. 16).

If the application for admission to work by the employee is still filed and accepted by the employer, it is registered in the manner prescribed from the employer, for example, in the log of registration of employees.

2. Familiarization of the employee with local regulatory acts of the employer and with a collective agreement (if available).

According to Part 3 of Art. 68 of the Labor Code of the Russian Federation when admission to work (before signing the employment contract), the employer is obliged to familiarize the employee under the signature with the rules of the internal labor regulation, other local regulatory acts directly related to the employment of the employee, a collective agreement. The job description, as a rule, is also a local regulatory act of an employer (in rare cases, it is an attachment to the employment contract).

The procedure for familiarization with local regulatory acts by the Labor Code of the Russian Federation is not determined, in practice there are various options:

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

maintaining logbooks with local regulatory acts in which employees put signatures confirming familiarization and indicate the dates of familiarization.

When taking an employee to work into the text of the employment contract, the phrase that the employee prior to the signing of the employment contract is familiar with the local regulatory acts of the employer, and these acts are listed.

A certain order of familiarization with local regulatory acts can be enshrined in one of the local regulatory acts of the employer. Find out your employer's existing employees with local regulatory acts before you begin to acquaint your employee.

3. Conclusion with an employee of the employment contract and in the presence of the grounds for full material liability.

According to Art. 67 of the Labor Code of the Russian Federation the employment contract is in writing, is drawn up in two copies, each of which is signed by the parties. When concluding employment contracts with certain categories of employees with labor legislation and other regulatory legal acts containing labor law standards, it may be necessary to harmonize the possibility of concluding employment contracts or their conditions with relevant persons or bodies that are not employers under these agreements, or the preparation of employment contracts In more instances.

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

At the same time, in the employment contract, the part-book should be taken into account the peculiarities of legal regulation of labor with the parties established by Chapter 44 of the Labor Code of the Russian Federation.

In the employment contract, it is necessary to indicate that the work is part-time.

Please note that the conclusion of a full-material liability agreement is an optional step. However, he may be very useful at this stage. Suppose that the employee immediately does not conclude an agreement on full material responsibility, and after accepting to work this contract, it is already refused. The law does not indicate directly how to resolve this situation: it is possible to force an employee to conclude a contract of complete liability, whether it is possible to punish or dismiss unprofitable. Among the lawyers, judges, inspectors there are different points of view about this. And in order not to prove to someone with an unpleasant case, someone's own position and avoid extra problems, it is better not to get into such a situation and conclude an agreement on full material responsibility before the start of the employee's resistance, while solving the issue of reception and design it. At the same time, do not forget that the conclusion of such contracts is possible only with strictly outlined by the legislator around the employees

According to Art. 244 of the Labor Code of the Russian Federation Written agreements on full individual or collective (brigade) liability may be employees who have reached the age of eighteen years and directly serving or using monetary, commodity values \u200b\u200bor other property. Moreover, lists of works and categories of workers with which these treaties may be concluded, as well as the standard forms of these treaties are approved in the manner established by the Government of the Russian Federation.

Currently there are lists posts and work, replaced by or executed by workers, with which the employer may enter into written contractson the full individual or collective (brigade) material responsibility, approved by the Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85. This decision approved the typical forms of contractual liability agreements.

4. Registration of the employment contract and the contract for full material responsibilityin the manner installed at the employer. For example, an employment contract can be registered in the journal of registration of employment contracts, and a full material liability agreement - in the journal of registration of contracts for full liability with employees.

5. Awarding the employee of its instance of the employment contract.

According to Art. 67 TK RF, one copy of the employment contract is transferred to the employee, another is stored with the employer. The acquisition of an employee of an employment contract must be confirmed by the employee's signature at an instance of an employment contract stored at the employer. We recommend to put the phrase "instance of the employment contract I received".

If an employee signed an agreement on full material responsibility, then its copy is also transferred to the employee.

6. Edition of the order (orders) on employment.

The order for the admission of an employee to work is issued on the basis of a concluded employment contract, and its content should strictly comply with the conditions of the concluded employment contract.

7. Registration of the order (orders) on the admission of an employee to workin the manner installed at the employer, for example, in the journal of registration orders (orders).

8. Familiarization of the employee with the order (by order)about reception to work under the signature.

According to Art. 68 of the Labor Code of the Russian Federation Order (order) of the employer on the employment of work is announced by the employee under the signature for a three-day period from the date of the actual start of work.

9. Solving the issue of writing to the employment record.

The workbook of the part-book is stored at the employer at the main place of work. At the request of the employee, information about work on part-time work is made to the labor record at the place of main work on the basis of a document confirming part-time work.

Thus, if the employee is employed in the order of internal partnership, then if the employee is desired (which is recommended to issue an employee's statement), an entry on part-time work is made to the employment record.

If the employee is employed in the order of external partnership, then he should ask whether it is planning to make a record of part-time work in his workbook on the main work. If the employee is desired, according to his written statement on the basis of Art. 62 TK RF is given a copy of the order for admission to work, certified properly, a certificate of part-time work, so that the employee can provide them at the main place of work for making a record of part-time work record.

10. Registration to the employee of the personal card,introduction to him under the signature in a personal card with a record introduced into the workbook, with information included in the personal card.

According to paragraph 12 "Rules of conducting and storing labor books, making forms of employment books and provision of employers", approved by the Decree of the Government of the Russian Federation dated 16.04.2003 No. 225 "On Labor Books", with each work introduced to the workbook on the work performed, translation An employer is obliged to acquaint its owner to another permanent job and dismissal to sign up in his personal card, which repeats the record entered into the labor book. The form of a personal card is approved by the Federal State Statistics Service.

A personal card can be registered in the manner installed at the employer, for example, in the journal accounting for personal cards of workers.

11. Inclusion of an employee in working hours accounting table, other documents.

12. If an employee is accepted on an external part-time basis, then you can request him Help from the main place of work on when he will be given a vacation in the current year.

It is advisable to do, because part-time persons, annual paid leave are provided simultaneously with the release on the main work.

Additional steps are possible instep-by-step procedure for admission to the part-book: registration of a personal case, a message about the employment of an employee to his former employer, a message of information about the employee in the military registration and enlistment office and others.

• Executing a personal business workerif in relation to his position the employer is committed to personal affairs. For most employers, personal deeds are not a duty. Maintaining personal cases necessarily only in cases where it is prescribed by law, for example, for civil servants, municipal employees, customs workers, prosecutors. The usual commercial company for which the law does not establish the obligation to conduct personal cases, have the right to be not guided. But it has the right and lead if the guide considers it necessary. In this case, the procedure for conducting personal cases is determined by the local regulatory act of the employer, regulating relations related to personal data of the employee (for example, the Regulations on Personal Data and Personal Affairs). Personal affairs may be registered in the employer installed at the employer, for example, in the journal of personal affairs of workers.
• Message to the former employer about the conclusion of an employment contract with an employee,if the adopted employee is a former civil servant or former municipal employees. According to Art. 64.1 TK RF Employer at the conclusion of an employment contract with citizens who replaced the post of state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service is obliged to report on the conclusion of such a contract to the representative of the employer (Employer) of the state or municipal employee at the last place of his service in the manner established by the regulatory legal acts of the Russian Federation. This procedure is set toThe rules of reporting by the employer about the conclusion of a labor or civil-legal contract for the performance of work (provision of services) with a citizen who replaced the post of state or municipal service, a list of which is established by the regulatory legal acts of the Russian Federation (approved by the Decree of the Government of the Russian Federation of January 21, 2015 No. 29) . A document that is sent to the former employer is registered in the manner prescribed from the employer, for example, in the logging journal of outgoing documents.
• Direction to the appropriate military commissariatand (or) local authorities of information about the citizen to be soldered, and adopting it to work (paragraph 32 of the Decree of the Government of the Russian Federation of November 27, 2006 No. 719). The document that is sent to the Military Commissariat and / or local governments is registered in the manner prescribed by the employer, for example, in the logging journal of outgoing documents.

Some personnel specialists when familiarizing the employee with local regulatory acts ask himindicate Not only the date, but also the time of familiarization, thus emphasizing the compliance of the Code's claim that the employee must be informed before signing the employment contract with the local regulatory acts of the employer directly related to the employment of the employee. Accordingly, when signing the employment contract, the employee is askedindicate time. We do not object to this diligence, but we believe, will be sufficient when familiarizing the employee with local regulatory acts of the employerindicate The date of reference, and in the employment contract to include the phrase that the employee before signing the employment contract is familiar with the local regulatory acts of the employer (with the transfer of these acts).

Questions related to the right execution of an entrepreneur of labor relations with employees, we have been covered on our site more than once. For your convenience, we decided to create a simple and understandable instruction showing the picture of the relationship of the IP and its employees in general.

Features IP as an employer

In addition, in some articles TC, without indication of the status of the employer, the concept of "employees of the organization" is used, i.e. Such requirements are not related to all employers, but only to employers - organizations.

The obligation to pay output benefits when terminating the employment contract due to the reduction in the number or state, prescribed only for organizations (Art. 178 of the TC). Article 180 of the TC provides for a number of guarantees and compensation is also only for employees of organizations. The employer - IP can also pay the day off his employee, but already on a voluntary basis, indicating such conditions in the contract.

So you need to know that not always the law imposes the obligations of the employer on an individual entrepreneur in full.

Where to start the execution of an employee when receiving

A brief procedure for the employer's actions looks like this:

1. Conclusion with an employee of an agreement - labor or civil law.
2. Registration of IP in the Pension Fund and FSS in case for the entrepreneur this is the first agreement concluded with the employee.
3. Registration of the employee according to the TC, if the employment contract is to be concluded.