How to accept an employee to enterprise action. How is the registration of work

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:

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

An individual entrepreneur in the process of its activities is facing the most difficult issues. One of them - as an IP officially arrange an employee, if, for example, before that moment, he had no employees? After all, the correct filling out of all documents will protect the entrepreneur and its personnel from possible problems with tax or other bodies.

How to arrange an employee in sip?

In order for the IP to have the opportunity to issue employees to work, it is required. If activity is based on a patent, then hire for cooperation as workers you can not more than five people. Before hiring personnel on an employment contract, familiarize yourself with the profile legislation to avoid inaccuracies and troubles related to the registration of personnel documentation.

In the event that you can not cope with the adoption of an employee, you can not contact a specialist who will help you with this issue. With him, it will be possible to cooperate through the service contract, if it is also an IP.

How to hire an employee to work in IP for an employment contract?

When making employees, the entrepreneur carries not only additional costs, but it also appears new commitments both before the employee and the state. From how the contract is concluded and what items it will include, the volume of these duties depends.

Procedure of the IP when making an employee to

With a hired employee, it is necessary to conclude either an employment contract or civil law.

In which case is the employment contract? If the future employee will perform the same type of work a long period of time, such as the seller, security guard, etc. In the employment contract, all moments of the schedule of work, wages, the obligations of the employer and the employee are indicated.
Civil law conclude in cases where the employee will perform work on a certain period of time and with a limitation for execution timing. For example, the development of the design of the organization's website, repairing repair and construction work in the company's premises, etc.

Within ten days after the employment contract concluded, the entrepreneur needs to register with the Social Insurance Fund and in the Health Insurance Fund as an employer.
In a period of one month after the conclusion of an employment contract happened, IP must register with the Pension Fund of the Russian Federation as an employer. After registration is passed in all funds, the entrepreneur will receive special notices, where the numbers are indicated to pay taxes to the employee. They will be different from those who have been assigned an IP to pay taxes and other contributions for themselves.
We directly conclude a contract with an employee and, accordingly, with the current legislation we make it up. We make a mark on the adoption of an employee for a certain position. Subsequently, there will be no registration in various funds and bodies for the employment of new staff members, but simply the conclusion of the contract between the employer and the employee and the filling of the necessary personnel documents.

How to file employees? What kind of contract to choose?

If there is the possibility of concluding two different types of contracts between the employee and the employer, it is necessary to consider in what cases it is permissible to use one or another of them.

In which of the cases it will be appropriate for the conclusion of a specific option?

If the work of one type will be executed by the employee, a long time period of time is to conclude a labor contract.

If the work provides for an execution by an employee of a specific work, which is also limited in time - enter into a civil contract.

Conducts of what legislation is regulated?

Registration of employees in IP under an employment contract is governed by the Labor Code of the Russian Federation, and civil law, respectively, by the Civil Code.

Do it make information on contracts in the employment record?

If the employee was issued by the employer for an employment contract, then his employment information is necessarily made into its labor book. But if a civil contract is concluded between the employee and the employer - the record does not contribute to the employment record.

Is it necessary to make insurance premiums for staff in the state budget?

Medical Insurance, Pension Insurance and Social Insurance are compulsory contributions when making a applicant to an individual enterprise through a contract. Also, all contributions are required to be made for the employee, if cooperation occurs in a civil contract, except for social insurance payments, unless this condition is stipulated by the Civil Agreement, which was concluded.

What are social guarantees that are provided by the employer staff members?

In accordance with the provisions of the contract produced:

regular payment of employee of his wage,
payment of hospital sheets,
paid annual leave,
payment of benefits in connection with the dismissal of an employee at the initiative of the employer,
guarantee of the necessary conditions for work activities.

When concluding a civil-legal contract, its conditions are stipulated by the employer and the employee, and may not contain those items that are mandatory in drawing up a contract. That is, in the contract there must be only those conditions that will arrange both parties.

What documents do the relationship between the employer and the applicant who are hired?

When concluding an employment contract: a written application of the applicant with a request to take him to work and order an employer about admission to his position.

If the execution of employees in the IP occurs through the conclusion of a civil contract - only this document itself.

The design of employees to work in the IP implies the signing of certain documents.

Important moments: legislative aspect

Before issuing an employee of the IP, the Labor Code should be studied and follow its articles. Mandatory conditions to be present in the contract under Article 57 of the Labor Code of the Russian Federation:

Full name of the employee and the employer;
information about the identity of documents of both parties;
the identification number, which is assigned to the employer as a taxpayer;
the date of the conclusion of the employment contract and the place of its signing;
staff officials;
specific place and address of work;
in accordance with what conditions labor will occur (the size of the salary, premium payments, subsidies, premiums, promotion);
the mode of operation and recreation of the employee;
compensation that will be paid when working in harmful or hazardous working conditions;
terms of compulsory employee insurance.

About how to issue workers in IP is negotiated in the Labor Code. But some unscrupulous entrepreneurs who want to save on those contributions that are entered by personnel can make it not under an employment contract, but according to civil law. In this case, there is a possibility that in case of controversial issues between the employer and an employee in court, this contract may recognize labor. After the proceedings, the entrepreneur will still have to pay all the necessary contributions and taxes on the employee, to ensure its rights in accordance with the legislation.

The procedure for designing an employee of the IP is quite simple, and from the entrepreneur does not need to carry out full accounting of personnel and personnel document management. But still it is worth taking care of the filling of all necessary workforce forms to avoid inaccuracies and controversial issues from regulatory authorities and possible disputes with personnel.

What kind of documents are provided from the applicant to the employer?

Before issuing an employee in IP, he will require the following documents:

Mandatory contributions of an individual entrepreneur

Since IP does not receive wages, from which the insurance premiums are subtracted without fail, and receives a profit from its activities, it should pay these contributions for himself in a special order. The size of these payments directly depends on the volume of the income of the entrepreneur.

Business is not possible without people, therefore, organizations and individual entrepreneurs need personnel to carry out entrepreneurial activities. First of all, permanent workers forming the main team are needed. Such employees take on labor contracts, and relationships with them are regulated by the Labor Code. We will tell you how to make a job registration, without allowing mistakes and fulfilling all the requirements of the legislation.

Step 1. We demand from the employee all the necessary documents

In case of employment, a set of documents, in particular a passport, labor book, insurance pension certificate, etc. should be submitted to the employer (organization or individual entrepreneur). (For more about this, see, ""). Without them, the reception will not take place.

Step 2. We agree to the processing of personal data

Step 3. I know local regulatory acts

Before the conclusion of the employment contract, the employer (organization or individual entrepreneur) must familiarize the future employee with local regulatory acts of the enterprise, which are directly related to the work of this employee (part 3 of Article 68 of the Labor Code of the Russian Federation).

Step 4. We conclude an employment contract

After familiarizing the future employee with local acts of the enterprise, it is possible to conclude an employment contract with him. Currently, it is possible to take advantage of labor relations:

work contract in free form (see more about this, "");
typical employment contract (for more details, see, "").

Step 5. Let's publish an order of employment

When the contract is signed, you can proceed to the next stage of registration of employment - the publication of the order for the employment of a new employee (for more details, see, ""). Recall that all events in the life of the enterprise require documentary.

Almost any business, sooner or later, increases and reaches such a scale when to cope alone to an entrepreneur or a businessman becomes very and very difficult. There are too many questions and emerges too many cases that require immediate solution or execution. And the time, as you know, is always lacking. Especially when in business you are still completely alone and you do not have helpers. At such a point, the only correct decision is the staff of employees to work. And here there are many questions from a novice entrepreneur.

As a rule, if a person first launched a business and is the first time to attract one or more workers for the first time, he absolutely does not represent what and how to do. How is the employee? What steps should be done? What legal issues to comply with? What papers need to collect? And so on and so forth. These questions at the first reception of an employee may arise very and very much.

In today's article, we will try most compressed as much as possible and, at the same time, in detail (without missing important details) to understand the procedure for hiring an employee to work. It is worth noting that this procedure is relevant for both IP and LLC. True, some steps in one case are optional. In this case, if you do them, it will not be superfluous. They will allow you only to even better control the whole process. Let's start.

Two forms of labor relations

Our legislation allows you to choose one of the two forms of labor relations. It can be a well-known employment contract or civil contract. If you briefly and clearly talk about the differences, then the main thing in the "equilibrium" of the parties. If in the standard employment contract there are two sides - an employer and an employee, then with a civil-law contract there is a customer and the contractor. That is, in the first case there is a boss and there is a subordinate, and in the second case there are two or more equal partners (one pays money, the second has a service or creates a product).

If you like to dig in the laws, then you can read about the civil-law contract in chapter 37 of the Civil Code of the Russian Federation, and about the employment contract - in Articles 56-84 of the Labor Code of the Russian Federation. There you will find all the conditions for conclusion, design, as well as the termination of contracts. Further, we will conduct a conversation in terms of an employment contract, which is standard for the usual acceptance of work.

Important "paper" question

Before an employment contract concluded with a new employee, your future ward should familiarize yourself with the so-called local legal acts of the company. These include the following documents:

Rules of internal labor regulations.
Official instructions.
Collective agreement.

But there are some important points. All these documents will be worth it for the company, although, for example, IP may not have all these papers. That is, IP may not develop local regulatory acts at all.

As for Ltd., then only the rules for the internal regulations are obligatory. Ltd. may not be positioned by job descriptions, as well as if there is no trade union at the enterprise, then the collective agreement is also not needed.

After familiarization with the documents of the enterprise, the employee's employed must put his signature. Go ahead.

Step-by-step employee reception plan

Step one

First of all, the future employee must express the desire to work in your company and make an application for admission to work in writing. The application must be written in the name of the head. It should have detailed information about the applicant, as well as the desired position in the company.

After the head becomes familiar with the statement, he decides on the employee's reception or a refusal to accept work.

Step two

If the employer accepted a positive decision, the future employee must be attached to the application the following documents:

Photocopy of passport. We need copies of all pages.
Insurance certificate (if any).
Diploma, certificate or other document on education.
Military ID (if any).
Labor book (if it is not the first place of work).

If there is no insurance certificate and employment book for the applicant, then you will have to make these documents on your new employee.

Step Third

This is the employment contract itself. In duplicate. One remains in the company, the second is given to the employee.

Step fourth

The order for admission to work in the form T-1 is signed (Decree of the Russian Federation No. 1 dated January 05, 2004). This order must be registered in the journal of orders on personnel issues. If you still have no it, you will have to buy. For sale the magazine orders in book and stationery stores.

Within three days, the employee must be familiar with the order. He must leave his signature in the document.

Pitch fifth

At this stage you need to write to the employment record. Details can be studied in Article 66 of the Labor Code of the Russian Federation. Data on a new employment book need to be logged in log.

Step seventh

If necessary (refers to military-rich citizens of the Russian Federation), you need to report my employee to the draft board.

Step eighth

This step is required for IP. It is necessary to be registered as an employer in the FIU (within 30 days) and in the FSS (within 10 days).

Actually, everything. Congratulations! Now you know how to hire an employee to work.

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:

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;
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;
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;
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;
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;
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;
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:

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.
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.
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.

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.
Acquaintance with the main internal documents regulating the organization's organization under a personal signature.
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.
Publishing an order for employment. The order states that the employee is accepted by 0.5 bets.
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.

Labor contract.
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.

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.

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.

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.

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.

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.

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.

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.