After submitting an application for taking office to the authorized official, and certifying this application by the head of the organization, it is required to form an appropriate document officially certifying the fact of employment.

This will be the order.

The order of employment is the main document expressing the consent of the head of the organization in an official form. Regulated by the norms of Article 68 of the Labor Code of the Russian Federation. This document is always issued on legal grounds, which, in this case, is the application of the applicant for the position.

Article 68. Registration of employment

Hiring is formalized by the order (order) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer for employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to give him a duly certified copy of the said order (instruction).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement.

After the release of the order, the request made by the applicant is considered satisfied. Also, the release of the document determines the beginning of the process of formalizing labor relations and the permission to start official duties.

REFERENCE: Regardless of the availability of an electronic type of document, their originals on paper are required for storage.

What are the forms of the document?

Orders are drawn up and executed using standard forms approved by the State Statistics Committee of the Russian Federation on 5.01.04, under No. 1.

When applying for a job, forms T-1 and T-1a are used.

If registration is carried out by transfer from one position to another, form T-5 is used.

A photo

Check out what a photo of a job order looks like.

Record of registration of orders for employment

Each organization, regardless of the form of ownership and status of the founder, is obliged to keep a journal where orders are registered. The journal has the form of a book and a specialized form, in which there is a table with columns in which information about each document is entered:

• serial number of the record;
• date of entry;
• order number;
• type (about admission, dismissal, transfer, etc.);
• FULL NAME. employee;
• employee's personnel number;
• basis (link to application, contract, etc.).

The pages in the magazine must be numbered, and the magazine must be sealed and laced up. Sealing is certified by a stamp or seal, indicating the position or surname of the person who carried out the sealing.

In small companies, it is permissible to keep such self-made magazines. In large organizations and institutions, it is advisable to purchase ready-made magazine forms. When all the pages of the journal are full, a new copy is started, and the old one is stored in the archive.

In the photo, an example of a document:

How to issue an order for employment in the T-1a form?

This form of order is convenient for individual entrepreneurs and founders who recruit workers using the brigade method.

At the beginning of the form are given:

• order details;
• release date;
• general information about the employer: name and code.

• personnel Number;
• full Name;
• position with indication of the category and division;
• tariff rate, salary, with allowances;
• basis of the order (employment contract);
• date of going to work;
• conditions of employment, period, probationary period.

Many people do not know whether a job order is stamped. The last column in the table is reserved for affixing the signature of each of the employees, on familiarizing him with the order. The employer signs the order below, under the table, and certifies it with a seal. Below you can download a sample and template of a job order.

How to issue a job order - see the video below:

Where and for how long are the documents kept?

Orders are forwarded to the HR department, where they are filed in a separate folder by year of issue.

They are stored in a fireproof cabinet, like other documents related to a high degree of safety.

They can only be transferred from the HR department to the archive after 5 years.

Subsequently, they should be kept in the archive for 75 years. After this period, they are destroyed in the manner prescribed by law.

ATTENTION: Any violations of the employer or an authorized official, in the direction of registration of employees, can be considered an administrative violation under Article 5.27 of the Administrative Code of the Russian Federation, with the payment of a fine from 10 to 100,000 rubles.

Conclusion

Labor legislation provides for the norms that apply to the preparation of orders for the employment of employees, as well as to the regulations for the storage and registration of personnel documents.

The questions were answered by E.Yu. Zabramnaya, lawyer, Ph.D. n.,
A.K. Kovyazin, lawyer

New employee: difficulties in hiring

We have accumulated a lot of questions from readers about how to apply for a job.

Hiring - what to apply for

V.D. Permyak, Podolsk

What documents are drawn up when hiring a person?

: You need:

Before signing the employment contract, do not forget to familiarize the employee against signature with all local regulations relating to his work activities (internal labor regulations, regulations on remuneration, etc.). )art. 68 of the Labor Code of the Russian Federation.

Those who do not have a certificate of compulsory pension insurance need to issue it

E.V. Ushakova, Korolev

We have a new employee. We need to issue him a certificate of compulsory pension insurance. How to do it?

: Indeed, when concluding an employment contract for the first time, an insurance certificate is issued to an employee by the employer b art. 65 of the Labor Code of the Russian Federation; clause 2 of Art. 7 of the Federal Law of 01.04.96 No. 27-FZ "On individual (personified) accounting in the compulsory pension insurance system"... To do this, within two weeks from the date of concluding an employment contract with a new employee, you must submit to the territorial body of the Pension Fund of the Russian Federation at the place of your registration the insured person's questionnaire in the ADV-1 form, along with a list of documents in the ADV-6-1 form. And the FIU is obliged to issue a certificate within three weeks from the date of receipt of this questionnaire s nn. 9, 11 Instructions on the procedure for maintaining individual (personified) accounting of information about insured persons, approved. Order of the Ministry of Health and Social Development of Russia dated December 14, 2009 No. 987n; Resolution of the PFR Board of July 31, 2006 No. 192p.

It is better not to delay the execution of an employment contract

M.E. Stroganov, Kaliningrad

I recruited a man. I had 3 days to complete it. On his first working day, a check came from the labor inspectorate. How can I prove that it works the first day and I have not yet had time to issue it?

: To confirm that the new employee works for you only the first day, you can provide any evidence depending on the accepted document flow in the company:

• his application for employment indicating the date of the start of work, if, of course, you took such an application from the employee;
• testimony of the newest employee and his colleagues;
• time sheet according to the unified form No. T-12 or T-13;
• an application to the personnel department for registration of an employment contract and an order for employment.

A branch of a foreign company cannot be an employer

ABOUT. Krasnov, Moscow

We have a branch of a foreign organization accredited in Russia. We hire an employee. How to correctly indicate the employer in the employment contract and fill out the work book? Is it necessary to indicate the name of the foreign company or its branch in column 3 "Information on employment" of the work book? Is it possible to write in column 3: "Hired to work in a branch of the organization ... in Moscow for a position ..."? And what kind of seal to put in the work book - the seal of the branch or the head organization?

: Employers under the Labor Code of the Russian Federation are legal entities, individuals or other entities (but only in cases directly specified in federal laws )art. 20 of the Labor Code of the Russian Federation... A branch of a foreign company is not a legal entity m p. 3, art. 55 of the Civil Code of the Russian Federation... Consequently, the employer is the parent company itself.

The full texts of the Codes, Regulations and Instructions referred to can be found: section "Legislation" of the ConsultantPlus system (information bank "Version Prof")

Therefore, in the employment contract, as well as in all personnel documentation, you indicate a foreign company as an employer. And in the employment contract, specify the place of work (Russian branch) and indicate its location. If on behalf of the employer (foreign organization) labor contracts with the employees of the Russian branch are concluded by the head of the branch on the basis of a power of attorney, then the head of the labor contract will look like this.

ADSL CO, ltd, established in accordance with the laws of the British Virgin Islands (ADSEl Company), represented by the head of the accredited Branch in Russia, located at the address: Moscow, st. Pravdy, building 46, building 1, INN 7718530739,

accreditation data

Levin I.I., acting on the basis of a power of attorney dated 05.03.2010 No. 3, hereinafter referred to as the Employer, on the one hand,

When making an entry in column 3 of the "Job Information" section of the work book in the form of a title, you must specify the name of the organization and p. 3.1 Instructions for filling out work books, approved. Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69... And in the employment record itself, specify that the employee is accepted to the branch of this company, accredited in Russia, and indicate his location.

As a result, the entry in the work book will be like this.

The work book can be stamped with a branch of a foreign company and clause 35 of the Rules for maintaining work books.

From reputable sources

Deputy Director of the Department of Wages, Labor Protection and Social Partnership of the Ministry of Health and Social Development of Russia

“Usually work books are kept in the parent organization, and then they are stamped by the organization itself.
But the employer can delegate the authority to accept and dismiss employees to the branch manager and appoint a person responsible for storing work books in the branch. In this case, the seal of the branch will be affixed to the work books of the branch employees ”.

Entrepreneurial activity is not work under an employment contract

L.M. Kunitsyna, Ostrov

We have concluded an employment contract with an employee. This is his main place of work. Then we found out that he was registered as an individual entrepreneur. Do we have the right to take an entrepreneur to the main place of work or do we need to conclude a part-time agreement with him?

: Entrepreneurial activity is not work under an employment contract, and the entrepreneur himself is not an employer. Therefore, you did everything right by hiring the employee at the main place of work: your company is his only employer.

The place of registration for the conclusion of an employment contract does not matter

N.B. Gundareva, Moscow

We are a Moscow company. They wanted to hire a citizen of the Russian Federation, and in his passport there was a stamp on registration at the place of residence in Bryansk. Can we refuse to hire him if he does not even have a temporary registration in Moscow, let alone a permanent one?
And in general, can we demand from him a certificate of temporary registration in Moscow if his passport contains a stamp on registration at the place of residence in another Russian city?

WARNING THE LEADER

You cannot refuse to hire a jobseeker on the grounds that he does not have registration. If he goes to court and proves that he was refused for this very reason, the company may be obliged to conclude an employment contract with such a person. So you need to refuse for another reason, for example, due to lack of experience.

: You cannot justify your refusal by the applicant's absence of registration at the place of residence (stay) in Moscow e art. 3 of the Law of the Russian Federation of June 25, 1993 No. 5242-1 "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation"... This is discrimination i art. 3 of the Labor Code of the Russian Federation, art. 64 of the Labor Code of the Russian Federation; Clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

You generally have no right to demand from an employee documents confirming that he is registered at the place of residence or at the place of stay in Moscow. The Labor Code of the Russian Federation contains a closed list of documents that an employee must submit when concluding an employment contract, and employers are not entitled to expand this list e art. 65 of the Labor Code of the Russian Federation... It is enough for an employee to present an identity document, for example, a passport of a citizen of the Russian Federation.

The qualification category of the worker must be indicated in the work book or in the educational document

EAT. Petrenko, Vorkuta

Explain, please, what document should be used to confirm the qualifications of workers of various specialties, in particular a welder, when hiring?

: The assigned rank is indicated:

• <или> in a document (diploma) on vocational education;
• <или> in the work book, if it was assigned by the employer m clause 10 of the General Provisions of the Unified Tariff and Qualification Reference Book of Work and Professions of the Workers of the National Economy of the USSR (annex to the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of the USSR No. professions of workers of the national economy of the USSR.

Thus, if the worker being hired has a qualification category, then this must be recorded in his work book, or he must show you his diploma.

Due to the lack of a military registration document, you can refuse to hire

N.P. Mukhina, Tver

An employee gets a job with us. When I began to issue it, I asked him for a military ID. He said that he had a reprieve and promised to bring a certificate of this. He brought me this certificate, but with the naked eye you can see that it is fake.
I tell the director that I cannot accept it, all responsibility falls on me. And he replies that no one, they say, asks you to verify the authenticity of the certificate. And in general, military enlistment offices are rarely checked. How can I be? Can I hire an employee in this situation?

: The military registration documents that you must request when applying for a job from a military-liable applicant are i art. 65 of the Labor Code of the Russian Federation; p. 28 Regulations on military registration, approved. Decree of the Government of the Russian Federation of November 27, 2006 No. 719 (hereinafter - the Regulation on military registration):

• <или> certificate of a citizen subject to conscription for military service, if a man of draft age (18-27 years old) and is not in reserve;
• <или> military ID (temporary certificate issued in exchange for a military ID), if it is in reserve for military service.

If your new employee is exempted from military service for any reason on a permanent or temporary basis (has a deferral), then a note about this is made in the military registration documents themselves.

Thus, a person liable for military service or a person subject to conscription must present one of the above-mentioned military registration documents when hiring. And, as they explained to us in Rostrud, you have the right to refuse such a person to hire for failure to submit a military registration document and art. 64 of the Labor Code of the Russian Federation.

From reputable sources

Deputy Head of the Department for Supervision and Control over Compliance with Labor Legislation of Rostrud

“Refusal to hire because the applicant does not have a military registration document is legitimate. Indeed, according to Art. 65 of the Labor Code of the Russian Federation, those liable for military service and persons subject to conscription for military service are obliged to submit a military registration document to the employer when concluding an employment contract.

At the same time, you can hire such an employee without a military registration document. After all, such a refusal is not motivated by his lack of business qualities. in art. 64 of the Labor Code of the Russian Federation.

And besides, you do not bear any responsibility for hiring an employee without a military registration document. But you need to be sure to notify the military registration and enlistment office about the hiring of an employee subject to military registration at sub. "A" clause 32 of the Regulations on military registration; sub. "A" p. 29 of the Methodological Recommendations for maintaining military records in organizations, approved. General Staff of the Armed Forces of the Russian Federation.

If the person being hired temporarily does not have a passport

A.B. Pimenova, Samara

Please tell me how to apply for a job for an employee who currently does not have a passport in her hands (due to the change of name, the passport is being processed)?

: Ask the new employee for a temporary 2-P ID appendix No. 2 to the Administrative Regulations of the Federal Migration Service for the provision of public services for the issuance, replacement and performance of the state function of registering passports of a citizen of the Russian Federation, certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation, approved. By order of the FMS of Russia dated 07.12.2009 No. 339... This document confirms that your employee's passport is being processed. Such a certificate should be issued to her at her request by the FMS body, which changes the passport. t clause 17 of the Regulations on the passport of a citizen of the Russian Federation, approved. Decree of the Government of the Russian Federation of 08.07.97 No. 828... Enter the details of this certificate into the employment contract.

Also ask her for a marriage certificate in order to indicate her new last name in personnel records. And for the new passport data in the employment contract, leave space for now.

Remember that if at the time of the conclusion of the employment contract, it did not include any information (including information about the employee's identity document), then this does not entail the recognition of the employment contract as not concluded or its termination.

It's just that the employment contract must then (after receiving the necessary information) be supplemented with the missing information. It is entered directly into the text of the employment contract. and art. 57 of the Labor Code of the Russian Federation.

An entrepreneur-employer registers with the funds once

Yu.D. Korshunov, Krasnoyarsk

I am an entrepreneur engaged in trade. Now I am hiring the first employee. Do I need to register an employment contract with him with the tax office, the Social Insurance Fund, the territorial health insurance fund and the FIU?

: If you conclude employment contracts with employees, then you need to register as an employer-insured in the territorial bodies of extra-budgetary funds at the place of residence:

• in the Pension Fund for the purposes of compulsory pension insurance - within 30 days from the date of the conclusion of the first employment contract with the employee m clause 1 of Art. 11 of the Federal Law of 15.12.2001 No. 167-FZ On Compulsory Pension Insurance in the Russian Federation "; p. 21 of the Procedure for registration and deregistration of policyholders making payments to individuals in the territorial bodies of the Pension Fund of the Russian Federation, approved. By the Resolution of the PFR Board dated 13.10.2008 No. 296p, and since 2011 - also for the purposes of compulsory health insurance i h. 1 tbsp. 11 of the Federal Law of November 29, 2010 No. 326-FZ "On Compulsory Medical Insurance in the Russian Federation", parts 2, 4 of Art. 17 of the Federal Law of November 29, 2010 No. 326-FZ "On Compulsory Health Insurance in the Russian Federation";
• in the FSS for the purposes of compulsory insurance in case of temporary disability and in connection with maternity, as well as insurance against industrial accidents and occupational diseases - within 10 days from the date of conclusion of an employment contract with the first of the employed employees and p. 3 h. 1 art. 2.3 of the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood"; Art. 6 of the Federal Law of 24.07.98 No. 125-FZ On compulsory social insurance against industrial accidents and occupational diseases "; clause 6 of the Procedure for registration and deregistration in the territorial bodies of the Social Insurance Fund of the Russian Federation of insured persons - legal entities at the location of separate divisions and individuals, approved. Order of the Ministry of Health and Social Development of Russia dated 07.12.2009 No. 959n.

Note that registration in off-budget funds is the registration of the entrepreneur himself as an employer-insured. As an employer-insurer, you only need to register with off-budget funds once. It is not necessary to register labor contracts concluded with employees either in extra-budgetary funds or in the tax office.

Salary in an employment contract - tax included or not?

M.S. Shishkina, Obninsk

In the order for employment, my salary is 8200 rubles. And on my hands I get less (and more than a thousand rubles). It is right? How should tax be paid in general?

: If the employment contract, when establishing the size of the salary (salary), does not explicitly say that the salary does not include personal income tax, then this means that the tax "sits" within the salary. Therefore, the employer, as your tax agent, lawfully withholds and transfers to the budget 13% of personal income tax from your income (salary )clause 1 of Art. 207, paragraph 1 of Art. 210, p. 1 of Art. 224, paragraph 1 of Art. 226 Tax Code... After all, the payer of personal income tax is you as a recipient of income (salary), and not your employer, who pays you this income.

How to apply for a part-time job at the main place of work

M.D. Basenko, Moscow

We employ part-time full-time students. How to properly register a part-time employee (not a part-time employee), is it necessary to indicate in an employment contract, an order for employment and in a work book that he works part-time?

: In the employment contract of such an employee, it is necessary to indicate that he is hired on a part-time basis, to prescribe the specific duration of his working time and hours of work, for example, 4 hours a day, from 10.00 to 14.00 art. 57 of the Labor Code of the Russian Federation, art. 93 of the Labor Code of the Russian Federation.

Indicate the salary in the employment contract in full, that is, established by position based on the full rate. Since the employee works part-time, you will pay him half the salary (provided that he fully fulfills his quota). The employee will be paid in proportion to the hours worked and art. 93 of the Labor Code of the Russian Federation.

In the order for employment in the form No. T-1 approved By the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1 in the column "Conditions of employment, nature of work" you also need to indicate the mode of his work and the duration of working hours.

For example, if you agreed with an employee that his salary, provided that he works part-time, will be 15,000 rubles, then a fragment of the order for employment will look like this.

If you do not want to rigidly fix the start and end time of the employee's working day, then set him a flexible working mode. To do this, in the employment contract, indicate the total duration of working hours for the accounting period (for example, 20 hours per week )art. 102 of the Labor Code of the Russian Federation.

In the work book of an employee, the fact that he works part-time is not reflected in any way. That is, you make the usual record of his hiring.

Hiring from a holiday does not contradict the TC

V.M. Drozd, Moscow

Is it possible to hire an employee from a non-working holiday?

: Can. If this day is not a working day for your organization, then the employee will simply go to work at art. 61 of the Labor Code of the Russian Federation:

• <или> on the next working day after the entry into force of the employment contract;
• <или> on the day specified in the employment contract itself.

For example, an employment contract with an employee is dated December 31, 2010. Then the day of going to work will be January 11, 2011 - the next working day after the date of entry into force of the employment contract at art. 61 of the Labor Code of the Russian Federation... In the order for employment in the form No. T-1 approved By the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1 indicate: "To be hired from January 1, 2011".

By the way, in certain cases, work on non-working holidays is allowed, for example, in continuously operating organizations x art. 113 of the Labor Code of the Russian Federation... And the employee may well go to work that day.

An employment contract can be canceled by order

V.B. Grivtsov, Stavropol

A written employment contract was concluded with the employee, which indicates the day of the start of work. However, he did not come to work that day. We do not know the reasons for the absence. The management decided to hire another employee for this position.
I heard that in such cases the employment contract can be canceled. But how to formalize this, if we have not yet issued an order for employment, the employee did not write an application for employment, and the record of employment was not entered in the work book?

: The Labor Code of the Russian Federation really allows the employer to cancel the employment contract if the employee did not start work on the day of the start of work s art. 61 of the Labor Code of the Russian Federation... Moreover, the employer is not obliged to find out the reasons for the employee's absence from work.

TELLING THE MANAGER

If the new employee does not come to work on the agreed date, then an order can be issued to cancel the employment contract with him. Moreover, regardless of whether the reason for the absenteeism of the failed employee is valid or not. Moreover, it is not at all necessary to find out what the reason is.

The procedure for canceling an employment contract has not been established.

In practice, an act on the employee's absence from work on the first working day is usually drawn up.

On the basis of this act, the head issues an order to cancel the employment contract and cancel the order for hiring (if by that time it had already been issued).

An employee's absenteeism report on the first working day can be drawn up in any form, for example.

Limited Liability Company "Respublika"

ACT No. 1 on the employee's absence from work on the first working day

moscow city

Time of drawing up the act: 18.00

We, the undersigned:
Chikhacheva Irina Vitalievna (head of the personnel department),
Igor Matvienko (Head of the Legal Department),
Zaykina Veronika Viktorovna (secretary),
drew up this act stating that the legal adviser of the legal department Chernyaev Petr Mikhailovich, in violation of the employment contract concluded with him dated 12.12.2010 No. 21, did not start work on the day of the start of work - 13.01.2011.

How to determine the period of an employment contract without specifying specific dates?

S.F. Nekrasov, St. Petersburg

The employee goes on parental leave. We are taking on a new fixed-term employee in her place. How can we prescribe the term of a fixed-term employment contract if we do not know the exact date of the main employee's departure from parental leave?
And one more thing: is it possible to establish a probationary period in such an agreement? If so, which one?

: An employment contract concluded during the performance of the duties of an absent employee is urgent m art. 59 of the Labor Code of the Russian Federation... Simply in this case, the term of the contract is not determined by the occurrence of a specific calendar date, but of a specific event - the entry to work of the main employee.

In this case, in the employment contract of the second (substitute) employee, the term of the contract is indicated as follows: “for the period of temporary absence of the employee of such and such (full name) in connection with her stay on parental leave » art. 57 of the Labor Code of the Russian Federation, art. 59 of the Labor Code of the Russian Federation... Such an employment contract will expire on the day the main employee leaves for work. At the same time, the employer in this situation is not obliged to warn the temporary worker 3 calendar days in advance of the upcoming dismissal. n art. 79 of the Labor Code of the Russian Federation.

Establishing a test when hiring such an employee is completely legitimate, unless he is one of the persons who are prohibited from installing tests e art. 70 of the Labor Code of the Russian Federation... The maximum test period is determined according to the general rule m art. 70 of the Labor Code of the Russian Federation:

• <если> “ordinary” employee - 3 months;
• <если> employee - head of the company, deputy head, head of a separate structural unit or chief accountant - 6 months.

One staff unit can accommodate three employees

T.M. Guselnikov, Kolomna

For the period of parental leave of the main employee, we took an employee who is about to go on maternity leave too. Can we hire another third person for this position? We have an urgent need for personnel, and, apparently, both workers will not be able to work in the near future.

: In this situation, you can take another employee on a fixed-term employment contract after the second employee goes on maternity leave. In the employment contract with the third employee, indicate that you are accepting him for the period of absence of the temporary employee, but in any case before the main employee starts work.

Business is not possible without people, so organizations and individual entrepreneurs need personnel to carry out business activities. First of all, we need permanent employees who form the core team. Such workers are hired under labor contracts, and the relationship with them is regulated by the Labor Code. We will tell you how to properly apply for a job without making mistakes and fulfilling all the requirements of the law.

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

When applying for a job, you need to present to the employer (organization or individual entrepreneur) a set of documents, in particular a passport, work book, insurance pension certificate, etc. (for more details see, ""). Without them, hiring will not take place.

Step 2. We take consent to the processing of personal data

Step 3. Introducing local regulations

Before concluding an employment contract, the employer (organization or individual entrepreneur) must familiarize the future employee with the local regulations of the enterprise that 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 the local acts of the enterprise, you can conclude an employment contract with him. Currently, to formalize labor relations, you can use:

• an employment contract in free form (for more details see, "");
• a standard employment contract (for more details see, "").

Step 5. Issue an order of employment

When the contract is signed, you can proceed to the next stage of registration for a job - the issuance of an order for the employment of a new employee (for more details see, ""). Let us remind you that all events in the life of an enterprise require documentation.

Many entrepreneurs hire employees, but not everyone knows how to do this correctly. In this article, we will describe in detail the procedure for hiring personnel and analyze all the necessary nuances.

Introduction

All the features of hiring are described as correctly and accurately as possible in the TKRF. We recommend that you study the 10 and 11 chapters of the code in order to understand all the nuances of drawing up an employment contract. Also read Article 66 of the Labor Code and the Decree of the Government of the Russian Federation No. 225 "On Labor Records".

The first step is the interview and selection of applicants

This will allow you to understand the process of registration of employees and preparation of primary documentation when hiring.

Note:the rules and norms of the labor code of the Russian Federation apply in all federal formations. All employees are drawn up in the same way: seasonal, temporary, part-time, permanent.

Recruitment is carried out according to the following scheme:

1. The applicant is interviewed, you determine his competence and study the resume.
2. If the applicant suits you, then he brings all the necessary documents for consideration.
3. The applicant writes an application for employment, indicating the relevant position in it.
4. The employee is familiarized with the regulations, work schedule, internal charter, workplace, team. In some cases, familiarization is done against signature.
5. An employment contract is drawn up and signed by both parties. An employment contract can be standard or modified to fit the realities of the enterprise.
6. An order is issued to hire a new employee. The order is made without fail, since its number is recorded in the work book.
7. An employee of the personnel department or the entrepreneur himself fills out a card for an employee. It is drawn up according to the classical form No. 2.
8. After filling out the card, the OK makes up a personal file for the employee and makes an entry in his labor. All employee documents are stored in the HR department - they must be reliably protected from loss.

What documents are included in a personal file

Now that you know the procedure for applying for a job, we will analyze how an employee's personal file is created. An employee of the personnel department is obliged to form it immediately after the applicant is hired. It includes:

1. Copies of all completed pages of the applicant's passport.
2. A copy of the certificate of state pension insurance.
3. Employment history.
4. Registration certificate from the military registration and enlistment office or military ID.
5. Diploma or other certificate of education (copies).

Note:if you apply for an employee for the first place of work, then you will need to fill out the labor and insurance certificate.

The employee's working activity begins after signing an employment contract

When applying for some enterprises or specific positions, additional documents may be required from the employee. For example, a medical certificate is considered mandatory for drivers. When hiring for the civil service, the applicant must additionally fill out a questionnaire, which indicates information about relatives and other specific points. An employee of the personnel department begins to collect a personal file immediately after writing an application for employment - it immediately includes copies of a passport, diploma, labor, etc.

Acquaintance of the employee with regulations

After the application from the employee is accepted, and his candidacy is approved, it is necessary to familiarize him with the existing regulations and labor duties. According to the TKRF, this must be done before both parties sign an employment contract. We recommend that you do this against signature, and attach the acquaintance document to your personal file. Why is it so? If in the future you have any problems with an employee, he will no longer declare that he “did not know” about certain rules in force at the enterprise.

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What should a new employee be familiar with? Mandatory with:

1. Schedule of the operating mode, internal regulations.
2. All clauses of the collective agreement.
3. Job responsibilities and instructions.
4. Labor protection instructions.

If your company has other acts and regulations, be sure to familiarize the worker with them. His signature can be placed either in the journal (which is properly formatted) or on separate sheets.

Note: in some cases, acts may be annexes to a valid employment contract. When an employee signs it, he agrees with all the regulations.

Acquaintance with the documents must be signed

Preparation of contract

Officially, an employee is hired by signing a contract. He might be:

1. Civil law.
2. Trudov.

The person in charge of hiring and hiring employees must understand the differences between the two. A civil law contract allows you to hire a person to solve certain problems for a specific salary that does not in any way correlate with salaries and the way they are paid in the company. An employment contract is drawn up with employees who are registered for permanent employment.

To understand the difference between these two contracts, let's look at a simple example. You have a company that employs 10 people. You decided to expand and hire two more employees who will work just like the rest of the team. In this case, an employment contract is drawn up. But in order to expand, you need to build a new workshop. You do not want to hire a third-party team for this, but employ four more employees who will work on the construction of the new premises. You pay them on a piece-rate basis, depending on the work done.

It is noteworthy that when hiring such employees, there is no need to draw up an order and carry them through all documents. Also, many social guarantees do not apply to employees who have signed a civil contract. Such a design is possible only in some cases - it is not recommended to recruit the main personnel for it.

Registration of an employment contract

Now let's take a closer look at the basic rules for hiring and documenting an employee. So, he has already written a statement and got acquainted with the standards in force at the enterprise. Now it's time to sign an employment contract. It is printed in two copies - one remains with the employee, the second is in the HR department. After that, the employee can start performing his duties. If it is necessary for him to go to work today, then the signing of the agreement can be postponed for up to 3 days.

An employment contract may have attachments with regulatory enactments

This document must contain the following data:

1. Full name of the company.
2. The name of the document, the date of its signing, the seal of the enterprise.
3. The date the employee took office, the date the document began validity.
4. If an employee is accepted for a trial period or part-time, then these points must be spelled out in the contract.
5. Employee rights.
6. Obligations of the employee.
7. Employer's rights.
8. Obligations of the employer.
9. Procedure for remuneration, key rate.
10. Guarantees provided by the company.
11. Work schedule, duration of vacation.
12. Responsibility of both parties.
13. Conditions under which the contract can be terminated.
14. Employee insurance conditions.
15. Resolving controversial issues.

Note:it is the employment contract that is the key document governing the relationship between the employee and the employer. You must specify in as much detail and clearly as possible all the requirements and various nuances related to working moments.

Registration of the order and personal card

After signing the TD, the official registration of the employee's work takes place by issuing the corresponding order. The order form is free. This document is printed in three copies - one is handed over to the applicant, the second is filed into a folder with orders for the enterprise, the third is sent to the HR department. Remember that the order is issued on the day of the conclusion of the employment contract - there should be no difference in dates.