Procedure for making an employee to work. The main conditions for admission to the work of a new employee - the right order of registration, step-by-step instructions

In connection with the expansion of the business, the entrepreneurs arises a natural question: how to arrange an employee in the IP officially 2019 and what will it entail? The laws of the Russian Federation give an exhaustive response to this topic, and their violation will lead to administrative, and in some cases and criminal liability. In this regard, to avoid punishment, you need to carefully examine the material provided.

Rules for hiring staff for an employment contract

How to work in IP in 2019 and issue all documents in consistency with applicable law? Such a question worries businessmen who face this problem for the first time. Yes, and the rest of entrepreneurs, whose state includes several persons, will help to explore detailed information on the procedure for admission to, if necessary, bring all the documentation in accordance with the legislation of the Russian Federation.

That the rules for issuing an employee to work at the IP in 2019 and enterprises of other forms of ownership are unchanged.

They suggest the following steps:

Receipt of written consent, from a person being received, for processing and storing personal data.
Holding an introductory briefing and registering it in the journal.
Acquaintance with the terms of listed wages, premiums and other conditions that have a significant impact on the labor process.
Direct contracting.
The publication of the order for the reception of the employee and familiarize him with him, under the signature.
Signing the Treaty on Material Responsibility - for citizens associated with the storage of IP Property.
Registration of personal card and workbook.
Registration of an individual entrepreneur as an employer in FSS and FIU.

Chapter 14 of the Labor Code of the Russian Federation establishes the basic rules for the treatment of personal data of citizens. Violations them leads to unpleasant consequences. Therefore, before the official design of an employee in the IP, you need to take written consent to the processing and storage of information protected by legislation.

Article 212 of the Labor Code of the Russian Federation provides for the leaders of enterprises and norms in the field of labor protection, mandatory for execution regardless of ownership forms. This applies to individual entrepreneurs. In order for the briefing to have a legitimate force, a person who holds it, it is necessary to undergo preliminary training in specialized agencies licensed to this type of activity.

In the process of conducting an introductory briefing of the employee introduced:

with general information on the production function of the IP;
with labor protection regulations prescribed in the laws of the Russian Federation;
with working time concepts and recreation period;
with working conditions and the presence of harmful factors present in the production process (if any);
with the rules of the behavior of employees in the enterprise;
with the procedure for issuing special protection funds;
with the circumstances of accidents at the production and acute poisoning (if they were) and the procedure for action in the event of a threat to their appearance;
with responsibility for violation of production discipline and labor protection rules;
with fire safety in the organization;
with the first medical help victim.

If the manufacturing process uses equipment, an electrified tool or work is associated with the use of materials and raw materials, an individual entrepreneur, the laws of the Russian Federation, is charged with the obligation to conduct other types of instructions (primary, re-target), as well as internships in the workplace and subsequent testing. All procedures performed must be documented.

If the work performed in the IP is not related to the above conditions, it is possible to exemplate from the primary and other types of briefing, for this, the appropriate order is issued.

All listed labor protection instructions must be previously developed. They are updated 1 time in 5 years or when entering the production process of new equipment. About the instructions made entry in the journal of their accounts.

Documentary registration

According to Article 67 of the Labor Code of the Russian Federation it is possible to conclude an employment contract for a period no later than 3 days from the actual access to work. But, in order to avoid risks, it is recommended to sign this document until the performance of production tasks.

The execution of an employee at the IP begins with the provision of the following list of documents:

Passport or its notarized copies.
Labor book.
Military ticket - for persons, according to ages to be taken into account in special purpose institutions.
Diploma or certificate of education.
Insurance certificate of the FIU.
Medicalissions (if the IP activity is related to food, work with children and other conditions defined in Article 212 of the Labor Code of the Russian Federation).
Certificates about the absence of cases of attraction of criminal or administrative responsibility, from a narcologist and psychiatrist (when working with minors).

Require the submission of other documents illegally. If judicial disputes occur, this question may have a significant impact on the process.

Depending on the nature of the work, you can make up different types of contracts: urgent or concluded indefinite period, with a test interval or without it.

If the head of the IP takes a new employee to work, planning to use its services on an ongoing basis, it is advisable to conclude an agreement without limiting time actions. And vice versa, if it subscribes for a period of long lack of another person or for the season, then the optimal version will be the design of the term contract.

The presence of a test period provides an opportunity to an entrepreneur to evaluate the professional skills and other abilities of the employee and, if they are insufficient quality, terminate the employment contract on the relevant article.

The agreement lies in two copies, one of which is awarded to the employee, under the signature, and the other remains at the IP.

During the term no later than three days from the actual start of the performance of production functions by a hired man, an order is published on the reception of him to work. He signed by an individual entrepreneur and the person to which is directly related.

The conclusion of the Treaty on Material Responsibility gives an entrepreneur with the opportunity to recover from the employee the damage for the loss or the intentional damage of the IP property. But the missed benefit is not refundable, and the amount of compensation is limited by the average monthly earnings of the perpetrator.

Additional mandatory events

So, how to arrange an employee in IP?
The organizer of the IP should make an employee, and it must be remembered by certain rules:

When receiving a person who has this procedure for the first time, an individual entrepreneur must arrange a document, acquiring him at his own expense.
For the above applicants, the maximum deadline for filling the employment record is two weeks, for the rest - 5 days. The minimum period is not defined by law, but by default it is a day of reception.

For the storage of labor books, the same requirements are presented as for shafts of strict reporting. In this connection, it is necessary to purchase a safe or metal cabinet, eliminating the possibility of damage or loss of the document. The specified place at the end of the working day should be closed and sealed.

Entries into the workbook are made by a ballpoint handle of blue, black or purple color. Reducing is not allowed. A fill sample can be viewed in the Resolution of the Ministry of Minthouse of Russia of 10.10.2003 N 69.

The execution of a personal employee card for IP is not mandatory. But, to eliminate additional issues from the regulatory authorities, it should be started. This document, according to the legislation of the Russian Federation, is stored for 75 years, therefore is drawn up on solid paper.

According to a written statement of an employee, an individual entrepreneur is obliged to give him a copy of documents decorated during hiring. They are assigned by the signature of the employer and seal.

After the IP accepted the employee to work, registration in the FIU and FSS is necessary:

in the Social Insurance Fund - within 10 days;
in the Russian Pension Fund - no later than a month since the design;
in the Health Insurance Fund - in the period of 30 days.

Businessman passes this procedure once.

To all of the above-mentioned organizations in the periods defined by the legislation, the entrepreneur must pay compulsory contributions not only to himself, but also to all his staff, and in the IFST transfer income taxes and provide a report.

Conclusion of a contract with the persons of special categories

How to take an IP to work a new employee in 2019, if he belongs to the group of citizens requiring special attention? Before answering this question, you need to decide - to whom the specific conditions are applicable in the design procedure.

These workers include:

Pensioners.
Juvenile.
Foreigner.
Disabled.
Part-time.

Before you arrange applicants to work, which is less than 18 years old, IP should know that:

a contract with minors of 16 years is allowed, in the absence of medical contraindications;
when receiving a 15th year one should remember that only light work is possible for him;
for 14 years, the consent of parents and guardianship and guardianship bodies decorated in the conditions listed above.

Special requirements are nominated to working conditions - this is an incomplete working time regime, a mandatory annual medical examination at the expense of an entrepreneur and other restrictions established by the legislation of Russia for this category of workers.

When receiving pensioners should be guided by the same rules as in the employment of other applicants. There are no restrictions on age denoted in the laws of the Russian Federation, except for civil servants and senior posts of higher education institutions.

Employment of persons who do not have citizenship of the Russian Federation are associated with the provision of an individual entrepreneur additional documents:

migrant patent;
temporary residence permits;
polis DMS.

The first testimony is not required to citizens who are assigned refugee status, as well as living in Russia on an ongoing basis and having a residence permit.

Due to the fact that all the documents of the foreigner who needs a patent is temporary in nature, it is advisable to conclude an urgent employment contract with him. The end of the permitted period is a legal basis for dismissal.

In a 3-day term, a businessman who adopted a person who does not have citizenship of the Russian Federation should notify the federal migration service at the place of registration of IP by referring to its address of the registered letter. Information on dismissal is sent to the FMS in the same order.

When placing disabled people (if they provided relevant documents), recommendations should be taken into account on the nature of the work performed indicated in their rehabilitation card. And also in the agreement is designated benefits and special working conditions for individuals of this category.

These include:

a shortened working week for disabled 1 and 2 groups;
30 calendar days of the next vacation;
additional weekends without salary salary - up to 60 days a year;
additional tax deduction.

Commonwealth also assumes a number of certain restrictions. The most significant are: a working day of no more than four hours a day and the impossibility of concluding such a contract with minors or when working related to vehicles or harmful conditions.

Record to the employment record for external partners, at their request, is made at the main place of work.

Hiring staff without providing social benefits

For obvious reasons, the payment of hospital sheets, annual vacations and other guarantees is unprofitable to entrepreneurs. And the size of insurance premiums and personal income tax listed in the relevant organizations significantly reduces the amount of income received. To legally go around the specified payments enough to answer one question - how to arrange an employee as an IP?

The procedure for designing such relations consists of several steps:

Registration of an employee as an individual entrepreneur. For this prepare documents, according to the list, and are submitted to the tax authority.
Conclusion with a civil law contract.

Keep in mind that if the text of the Agreement will indicate the mode of operation, information about the material responsibility or marked position, then any court recognizes these relationships with labor. And as a result, it will be forced to pay all insurance premiums in full.

When making relationships in the version - an employee of IP himself - an entrepreneur can choose a simplified tax system and significantly reduce the size of such payments. At the same time, the personnel does not hold the personal income tax with a businessman, and are not paid in the FSS funds and the FIU mandatory deductions. The entrepreneur appears the opportunity to regulate the amount of money remuneration employee, because it pays only for the result of the services performed. And their improper quality is easy to confirm, making the appropriate act with the signature of three persons.

All information provided in detail explains the issues of employment of citizens in the IP. As you can see, there are many nuances in this procedure that you need to pay attention.

But the correct design of workers will protect the entrepreneur from the risks of administrative responsibility, and in cases of disruption of labor protection - criminal.

Documentary registration of employment is carried out in accordance with the requirements of the TC RF.

Preparation of forms and conducting the procedure step by step provide to the employer and employee the legal basis for cooperation and compliance with the legitimate rights of the parties.

What legislative acts are governed by this procedure

The employment procedure and the requirements for documents are regulated by ch. 10 and 11 TK RF.

Provisions of the TC RF. install:

The form and conditions of the employee.
Order.
Contract time.
Requirements.
Conditions and other requirements.

Legislative norms take into account the parties, various categories of persons and determine the procedure for workflow in employment.

Steps preceding employee employment

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Everything happens in several clicks without queues and stress. Try and you will be surprisedhow it became easy!

Passage of interview, competition

The passage of the interview is the responsible stage of employment. In the process of conversation, each of the parties determines the possibility of cooperation.

For interview The representative of the enterprise and the applicant discusses the themes:

Working conditions, responsibilities, companies.
Requirements for the education and experience of the employee.
The procedure for the formation of remuneration and terms of payments.

At the preliminary step, you can regulate the schedule, the scope of work, additional conditions and frequency of increasing.

Access to work can be carried out in the order of the competition (Article 16 of the Labor Code of the Russian Federation). In commercial organizations, the need arises in the presence of candidates for employment with equal opportunities. A number of employers arrange a competitive kit to raise the prestige of position.

The conditions establishes the employer and are the same for all participants.

In state structures, the competition is often the condition of appointment. The employee adopted on the position in the order of the competitive set is exempt from the passage of the probationary period.

Passage honey. inspection

The organization of medical examinations in hiring an employee lies at the employer. Payment of primary and periodic medical examinations is carried out at the expense of the enterprise (Art. 212 of the Labor Code of the Russian Federation).

There is a list of professions and posts, to the execution of responsibilities for which employees are not allowed without medical examination and the bear.

IN list of spheresmanshipthe mandatory medical examination includes workers:

The list of professions is determined by legislative acts and orders of the Ministry of Health and Social Development.

Submit to the mandatory medical examination are subject to persons who have not reached 18 years (Art. 266 of the Labor Code of the Russian Federation). The goal of minor medical examinations is to determine the possibilities of the teenager to perform responsibilities without prejudice to health.

Receiving employees of a mandatory medical examination without health testing is prohibited.

Alert employer about all necessary information

Before the conclusion of the contract the applicant must notice Employer of information relating to personal data, health status that do not allow to perform certain types of work.

Employer must have intelligence:

About family family. In the presence of young children up to 14 years old, children with disabilities, sick relatives, the state of which is confirmed by the certificate, employees cannot be attached to the departure on business trips and work over the norms of the set time.
The presence of disability. For individuals, special working conditions, recreation, working time modes must be performed. The enterprise for disabled people should be developed rehabilitation procedures. When concealing data, a disabilities worker can be taken to a position having restrictions on the use of disabled labor. When identifying the true state of health, the employee is translated into the work appropriate to health or should I be.
About pregnancy. Workers in the period of the child's expectation are not subject to dismissal, the appointment of the test term and are not issued for a number of posts with night shifts or special working conditions.
The passage of the employee of training in the university with distraction from duties for the period of delivery of the session.

Special design, document management and reporting on deductions adopted in relation to citizens foreign citizenship and apartrial (individuals without citizenship). Information about citizenship should be represented by the employer necessarily.

Collect the required documentation

After reaching the agreement on the conclusion of the contract, the date of commencement of the performance of duties is determined.

By the time of admission to work, the person is obliged to collect and provide:

The personnel worker removes copies from documents, the originals are returned to the face. The exception is the workbook to be stored at the employer the entire period of employment.

About how to fill out personnel documents, told in the next video of the plot:

Phased design procedure

Adoption from an employee of the statement

The document is drawn up in 2 copies and is stored in each of the parties. At an employer instance (below or on the back of the last sheet), the employee makes a mark on obtaining. The text of the arbitrary form is assigned by the signature of the face.

The fact of employment employee is issued for the T-1 forms compiled on the basis of the contract. The orders of the enterprise are conducted in chronological order with the annual update of the numbering order. Numbering is assigned after registering in a log or using service programs. There is no duty to join the magazine, but can be installed by local acts.

Orders associated with the reception, transfer, dismissal and other working conditions are conducted separately.

To identify the numbering and convenience of systematization of personnel orders, the index "K" is often assigned (for example, No. 15 / K). The need for separate accounting is based on the need for storing them within 75 years after the publication.

Order by personnel contains information:

The order signs the head and hired face. Signatures decrypt. The edition of the order (familiarization under the signature) is carried out within 3 days from the date of employment (Article 68 of the Labor Code of the Russian Federation). At the request of the employee, a copy of the order is issued to him.

Making a record in the labor book

An entry for a job is entered into the labor book. When taking part-time, the record is entered only on the basis of the written appeal of the employee. The right to fill the workbooks is available at the employer of the main place of employment.

An employee of the first place of employment has no employment record. The document opens the employer.

The face receives a book for a fee equal to the amount of acquisition by the company. After making a record of employment, the data on the employment record is made to the accounting log. The transfer of books for storage is assigned by the personnel worker, the signature of the employee is not required.

Card design

Personal employee card - a document consolidating personal data of an employee, a work procedure.

The document applies. The employee may familiarize themselves with credentials and certify the information of the signature. With records of translation, changes in working conditions, the dismissal of the person must meet necessarily.

Making this working time accounting table

Tabel data are grounds for salary accrual. It carries information about the spent hours, the absence of illness, due to holidays and other reasons. Accounting for working time is conducted on the encoding adopted for the document.

For each employee, a separate line of data is conducted indicating the tablet number, full name, position. Tabel data is closed 2 times a month to calculate the advance and the final amount of wages.

Additional stages when making work

Executing personal affairs to employee commercial organization It is not a prerequisite for the workflow. Collecting and conducting personal information can be established internal document flow with the appointment of a person responsible for accounting information. The composition of the credentials is determined by the employer.

Conducting personal work of workers must for state structures. The opening of the case is carried out at the stage of checking the person for compliance. In contrast to the T-2 personal card data, personal information is closed for access and is used only for official purposes.

The employer carries the duty According to the notification of state bodies:

The previous place of employment when receiving a former civil servant within 2 years after dismissal (Article 64.1 of the Labor Code of the Russian Federation). The list of posts is established by law. The notification is made in arbitrary form during the ten-day sentence after employment.
Military registration and enlistment offices when admission to the work of persons to be ordered. An alert is made in arbitrary form indicating the person's data.

Earlier, employers were drawn up for medical policies. Currently, the duty is removed from the employers and is transferred to the workers themselves.

Step-by-step instructions for receiving employees are presented in the following video lesson:

According to the Labor Code, the individual entrepreneur has the right to hire employees and this process is not much different from the employer of organizations. However, chapter 48 of the Labor Code of the Russian Federation describes the work of workers, whose activities are associated with IP.

By law, each employer must officially employ employees. For three days, after the employee has begun work, the employer is obliged to issue their relations with the employment contract and make an entry into the employment record.

If the entrepreneur violates the requirements of the law, then responsibility is superimposed:

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

Tax - a fine of verifies, depending on the severity of the violation;

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

In order to hire an employee necessary:

Conclude an employment or civil contract;

Proceed with personnel documents;

The civil contract facilitates the employment process for an individual entrepreneur. In this case, the Agreement is to fulfill the specific amount of work or the provision of services and does not require registration in the FSS.

Also, no matter what an employment agreement was concluded, the employer within 30 days from the date of registration of the first employee is obliged to register with the Pension Fund.

Step-by-step execution of the employee

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

Labor book (if absent, arrange yourself);
Military accounting documents;

Documents confirming employee qualifications (diploma of higher or unfinished higher education).

Consider a step-by-step design of an employee according to the Labor Code of the Russian Federation:

1. The employee must write an application for employment in accordance with the staffing schedule.

2. According to Article 57 of the Labor Code of the Russian Federation in 2 copies, the employer declared. One copy remains at the entrepreneur, the other is given to the employee. The contract must necessarily be prescribed by the following information:

Full name of the employee and the employer;

Details of the organization;

Employee passport details;

Schedule;

Information about wages and premiums;

Labor duties;

Date and signature.

3. The employer means a new employee with its activities and existing local acts: job description, labor protection situation, the rules of the internal labor regulation and more.

4. The entrepreneur declared according to a unified form T-1 ..

5. The employer starts a personal employee card.

6. The head makes a record in the employment record within a week since the conclusion of the employment contract.

Payments employee and employee

Article 136 of the Labor Code of the Russian Federation provides that the entrepreneur is obliged to pay a wage employee every half months. Dates and order of payments are established by the employment contract. When salary accrual, it is necessary to conduct personnel records and the working hours tab. Incomplete payment imposes administrative or material responsibility at the employer.

The worker decorated by an employment contract has the right to an annual paid leave and sick leave. In turn, the employer must hold NDFL and transfer to the budget once a month from the salary. It is 13% and is listed in the tax no later than two days after the salary accrual.

The entrepreneur who attracted a certain number of employees becomes an employer, and therefore should list the contributions established by the legislation. Insurance contributions must be paid up to the 15th day of each month. The contribution rate is 30% of the employee's salary, where 22% in the FIR, 5.1% in the FOMS and 2.9% in the FSS.

When concluding a civil contract, the employer is not obliged to pay funds in the FSS, but at the request of the listing are allowed.

Entrepreneur's reporting

With hired employees, the entrepreneur increases the number of reports that should be handed over to different organs. Accordingly, it is important to know where, what time and what reports must be provided.

Reports on employees give up three instances:

Tax authority;

Pension Fund;

Social insurance fund.

The tax must include the following reports:

Information on the average number of employees - data is rented once a year. It is necessary to provide them until January 20 of the next year. For example, the report for 2017 must be provided until January 20, 2018. Information is needed so that the tax controlling the number of employees when calculating taxes and the imposition of tax special regimes.

Help 2-NDFL - the report is provided once a year before April 1 for each employee. The certificate displays information about the income of the employee, the deductions and retained income tax over the past year. If there are more than 25 people in an individual entrepreneur, the report is handed over in electronic form.

Help 6-NDFL - surrendered quarterly to 1 day of the next quarter. Provide a certificate is required on time. For delay, in addition to the cash fine, the tax is entitled to block the current account.

Calculation of insurance premiums - surrendered quarterly to the 30th of the next quarter.

The Pension Fund must provide two reports:

Information about the insurance experience - surrenders once a year at the end of the year. Provide a report necessary until March 1 of next year.
SZV-M - provide a report monthly to the 15th day of the next month. The document contains information about the employer and workers. The employees should be the following information: FULL NAME, SNILS and INN.

Social Insurance Fund:

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

Employee Registration

The algorithm for adopting an employee for part-time is practically no different from reception at the full rate. But there are several nuances:

1. Accept the application. In a statement of admission to work, the employee indicates the desired position and the size of the bet.

2. Familiarization with local acts under the signature.

3. Conclusion of an employment contract, where special attention is paid to the points about the work of hours and the size of the rate.

4. The edition of the order in which the information is necessarily indicated that the worker is accepted on Pol.

5. Record to the employment record. The rate information is not specified.

When concluding an employment contract, you should calculate the number of hours for the incomplete bet. It is necessary to specifically indicate the number of hours worked out per day, week or month. This information is needed in order to correctly calculate wages. At the same time, in the employment contract, it is recommended to indicate a salary for a complete rate, but it should be clarified that the employee is accepted on Polsky and the salary is a smaller amount.

The law of the Russian Federation has established minimum wages. But, working on the Polish, the worker can receive below this amount. Clarification in the employment contract will help avoid problems with labor inspection and explain why payment is made in a smaller amount than the minimum set.

Most often, employees are arranged on Polish, having the main place of work. In this case, the workbook remains at the main place and no part-time entries are recorded.

Registration of temporary employee

In the process of working activities, there are situations where the employee goes into maternity leave or draws up a long-term hospital. The employer is forced to attract an additional person to carry out work responsibilities temporarily absent employee.

The entrepreneur can resort to several options.

Transfer duties to another employee who works for him.

In this case, an additional agreement is consigned and an order is issued. In the documents, you should specify information on additional labor responsibilities and changes in wages. In addition to its labor functions, the employee is obliged to fulfill the assigned additional duties.

Translation of an employee for a temporarily liberated position. From the employee, previous responsibilities are fully removed and new ones are appointed. Being for posts in connection with the translation can be not more than a year. Record to the employment record not to be entered. As soon as the missing employee returns, replacing his employee moves to his position. To carry out translation, the employer draws up an additional agreement to the employment contract.

Conclusion of an urgent contract.

Replace the missing employee can a new employee with whom it is. The contract is also drawn up, as well as an inconsistent, but the clarification is prescribed that the employee is hired to replace the temporarily absent employee. If the recovery date of the employee is known, it is possible to limit the work of a new employee with specific terms.

Receiving work is issued Within 3 days from the date of the actual start by an employee of the work activity (Art. 67 of the Labor Code of the Russian Federation). What documents should submit an employee with employment and how the employer draws up his reception, read in our article.

Work

Reception of a person to work - a personnel procedure, with which the employer's labor relationship begins and employee. Errors When making documents fraught with claims by state bodies, and in the case of an incident between the parties - a trial.

The order of admission to work a newcomer depends on which organization it is employed (in the public service, personnel procedures have their own nuances).

Acceptance of the employee to work is issued In 2 stages:

The worker presents the documents necessary for the device to work and writes an application for admission.
The employer is a staff documentation.

In accordance with Art. 65 TK RF for Employment Citizen will be needed:

passport or other certifying document, such as a passport of a foreign citizen;
employment history;
military accounting documents;
SNILS (pension certificate);
documents on education;
help on the absence of criminal record (for employment to police, customs, educational institutions, FSB, bailiffs).

NOTE! If your employee is not a major job, it should not represent the workbook. If the employee is set to work for the first time, the labor book and the employer declared him.

The list of documents for admission to work is not closed. Separate legislation establish for certain professions or categories of citizens is obliged to preserve additional documents. For example, foreigners, when taking a job, represent the PMC Police, work permit or patent, permission for temporary residence in the Russian Federation, residence permit (Art. 327.3 of the Labor Code of the Russian Federation). The driver at the employment will ask the driver's license, the seller is a personal medical record (paragraph 1 of the order of Rospotrebnadzor of 20.05.2005 No. 402).

Many employers when taking a job require a certificate of INN, although this document is not included in the list established by the Labor Code of the Russian Federation. However, we recommend it to request, since since 2016, the tax authorities have tightened the rules for the certificate of information 2-NDFL (letter of taxation of property and income of individuals of the Federal Tax Service of Russia of 23.11.2015 No. 11-2-06 / 0733), including the correctness of the filling of the Inn worker .

In addition, according to the Federal Law "On the suspension of certain provisions of legislative acts ..." of December 29, 2015 No. 385-FZ organization and entrepreneurs who use employees, starting from 04/01/2016, will be reported monthly to the FIU. Among the information that the policyholder should represent, there is an Inn (sub. 3 p. 2.2 of article 2 of Law No. 385-FZ).

When admission to work, the employee writes an application for the name of the head. According to the law for commercial organizations, this procedure is optional, but the application for employment is drawn up in many companies. In it, the employee indicates the position as well as the date with which to start work. The head sights the application and transfers it to the department engaged in the design of personnel documents.

IMPORTANT! For the device at the civil service, the statement is necessary (Art. 26 of the Federal Law "On the Public Service" of July 27, 2004 No. 79-FZ).

Registration of documents when receiving

Based on the statement of the employee and order of the head, the personnel service produces an execution of an employee to the staff. The procedure for such:

The employee studies local regulations (the rules of the domestic labor regulation, the position of remuneration and bonuses, the rules for the storage and processing of personal data, etc.) and it is described in that he has been acquainted with them (part 3 of Art. 68 of the Labor Code of the Russian Federation) .

NOTE! The listed internal regulatory acts should have each company. In the article you will find a list of mandatory personnel documentation and the size of fines for its absence.

The employee meets the employment contract and signs it. The employment contract comes into force on the date of its signing by the parties either from the day of the work (Art. 61 of the Labor Code of the Russian Federation). One instance of the employment contract remains at the employer, the second takes the employee.
Personnel service for a 3-day period from the start date of the newcomer forms an order for its employment (Art. 68 of the Labor Code of the Russian Federation). He is signed by both sides of labor relations.
A personnel service is made entry for employment in the employment record. If an employee worked less than 5 days or this work is not the main one for him, it is not necessary to write anything in work (Part 3 of Art. 66 CT RF). At the request of the part-time on the main work, it can be recorded about employment to a new place.
The frame on the basis of information about the employee fills the personal card T-2.

You can read more about how to fill the T-2 form in this.

RESULTS

We reviewed documents required for the design of employment according to the Labor Code of the Russian Federation and other legislative acts. Other personnel documents are drawn up depending on the position of the employee and the established framework of personnel workshop in the organization.

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