Be sure to secure your choice in order to accounting policy ... This procedure follows from Article 9 of the Law of December 6, 2011 No. 402-FZ and is confirmed by the letter of Rostrud dated February 14, 2013 No. PG / 1487-6-1.

Unified forms of orders for employment are approved by the decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. When hiring one person, an order is drawn up onform No. T-1 ... If the organization simultaneously hires several people, then it is more convenient to make an order according to the listform No. T-1a .

It is necessary to familiarize the employee with the order for his hiring within three days from the moment when he actually started work. The order is brought to his attention under signature.

Situation: what should be written in the column "Hire on ..." of the order according to the form No. T-1, if the employee is hired for an indefinite period?

This column does not need to be completed under such conditions.

This rule is enshrined in section 1 of the instructions approved by the decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. It is not necessary to write “indefinite term”, “not defined”, “not established”, etc. It is permissible to put a dash.

Situation: what should be written in the column "Conditions of employment, nature of work" of the order according to the form No. T-1, if the employee is hired on normal terms (permanent work, eight-hour working day, etc.)?

Fill in this column only if the conditions and nature of the work differ from the generally established ones.

For example, when you hire an employee on a part-time basis, on a part-time basis, as a transfer from another organization, etc. This follows from section 1 of the instructions approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

However, in order not to leave the line empty, it is also allowed to record that the employee is hired on normal terms (main job, permanently).

Employment book and personal card

After the manager orders to include a new employee on the staff, make a record of the hiring in his work book ... If your organization is the first one where an employee works, he needs issue a work book (part 4 of article 65 of the Labor Code of the Russian Federation).

Thus, the presence of a work book is required.

If an employee gets a part-time job, then at his request, you can add to work book relevant information. Do this on the basis of a document confirming that the employee is working elsewhere. The form of such a document Labor Code RF is not defined. It can be a reference, a copy employment contract or a job order, etc. The main thing is that it contains the necessary information.

After you filled out the work book, issue a personal card .

An example of paperwork when hiring an employee

The organization recruited E.V. Ivanov for the post of secretary. Ivanova wrote a statement and submitted the following documents:

• passport;
• diploma of completed higher education.

Ivanova gets a job for the first time, so the work book and insurance certificate were issued in the organization.

The accountant of the organization, V.N. Zaitsev.

The organization represented by the director A.V. Lvova concluded with Ivanova labor contract For undefined period.

The director issued an order for employment in the form of number T-1. The accountant issued a work book and made an entry in the book of accounting for the movement of work books and inserts in them .

Accounting for work books

All employers are required to keep records of work books. For this, special books are used.

The first of them is the income and expense book for recording the forms of the work book and the insert into it. In it, register all operations for the receipt and expenditure of work book forms. At the same time, indicate the series and number of each form (Appendix 2 to the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

The second is a book for recording the movement of work books and inserts in them. In this document, write down both newly issued work books and books accepted from employees upon admission to work. In this case, also indicate the series and number of each document (Appendix 3 to the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

Hiring in different situations

Situation: how to register a student for an educational or industrial practice?

The procedure for registering interns as a whole does not differ from general order hiring. However, there are some peculiarities. So, it is not always necessary to draw up an employment contract. In some cases, it will be replaced by the GPA, and sometimes it is not needed.

The practice of university students is component higher vocational education... Practice is educational, industrial and pre-diploma. Often, students are sent to enterprises, where they receive the necessary skills and experience. The duration of the internship is determined by the university. This follows from paragraphs 1, 5, 7, 12 and 16 of the regulation approved by order of the Ministry of Education and Science of Russia dated November 27, 2015 No. 1383.

The decision about which contract to enter into with the trainee depends on several factors:

• how a student got to practice with an employer - under an agreement with his educational institution, or he was attracted directly;

• the trainee will perform some kind of labor function, or he will only be shown production and taught the necessary skills;

• whether the employer has vacancies, or is he accepting an intern even when the staff is fully staffed.

Let's take a look at each of these cases.

The employer has an agreement with the university in which the trainee is studying

Typically, universities conclude special agreements with employers on the practice of students. Under such an agreement, enterprises are required to accept trainees. educational institutions which have state accreditation. At the same time, the availability of vacancies does not matter. This procedure follows from clause 11 of the regulation approved by order of the Ministry of Education and Science of Russia dated November 27, 2015 No. 1383.

If the employer has vacant positions that can be filled by trainees, they are recruited according to the general procedure. That is, then labor contracts are concluded with students. If they have not worked anywhere before, they draw up work books and insurance pension certificates for them. In this case, the norms and guarantees of labor legislation apply to students. Such conclusions follow from clauses 15-18 of the regulation approved by order of the Ministry of Education and Science of Russia No. 1383 dated November 27, 2015, and clause 15 of the regulation approved by order of the Ministry of Education and Science of Russia dated April 18, 2013 No. 291.

An employment contract with students can be concluded only for the duration of the practice or for an unlimited period.

When the employer has no vacancies, students can conclude civil law contracts for the performance of specific works ... Such a contract cannot replace an employment contract. However, it will allow you to give the student a specific production task that he may face while working. In addition, the contract will serve as a justification for the costs of the organization. In addition, the result obtained and its payment will show how well the student has shown himself in practice.

The organization does not have an agreement with the university where the intern came from

In this case, there are no differences from the general procedure for registering citizens for work. That is, it is possible to conclude both labor and civil contract.

The company did not enter into an internship agreement with the university, and the student will not perform labor functions

In such a situation, an employment contract is not concluded with a trainee. He is simply introduced to production, given tasks of reduced complexity and shown how in practice he can apply his knowledge. In this situation, the trainee does not do any of the work required by the employer. He is not paid a salary and is not considered seniority. Often, this is how practical training is carried out when the student's knowledge is still insufficient to complete a full-fledged work. The fact that it is not necessary to hire a student and conclude an employment contract with him is also confirmed by the definitions given in Articles 11, 58 and 59 of the Labor Code of the Russian Federation.

Let's say a few words about the work book. If an employment contract is concluded with a trainee (fixed-term or indefinite), the work book is drawn up according to general rules... When a civil law contract is concluded with a trainee or is he in general - an entry in the work book about the practice is not made. After all, it is issued only to those who are in labor relations with the employer (Article 66 of the Labor Code of the Russian Federation).

By the way, do not confuse student internships and professional internships. In the second case, people improve their qualifications. That is, they receive additional education... Those businesses that accept trainees must be licensed to educational activities... You don't have to get a license for student practice.

Attention: for conducting an internship without a license for educational activities, administrative and criminal liability is provided

For an internship without a license, you will be fined:

• organization - in the amount of 40,000 to 50,000 rubles;

• officials - in the amount of 4,000 to 5,000 rubles. For example, such a fine can be imposed on the head.

Such responsibility is established in part 2 of article 14.1 of the Code of Administrative Offenses of the Russian Federation.

Criminal liability awaits the manager if the employer receives income from the internship. The punishment depends on its size - on a large scale and on an especially large scale. Lawmakers mean a large amount of income more than 1,500,000 rubles, but less than 6,000,000 rubles. An especially large size implies large sums.

So, one of the following punishments awaits the manager for income on a large scale:

• fine up to 300,000 rubles. or in the amount of salary or other income for two years;

• compulsory work (up to 480 hours);

• arrest up to six months.

For income in an especially large amount, the head will be punished more seriously. So, he will be attracted to one of the the following types responsibility:

• fine up to 500,000 rubles. or in the amount of salary or other income for a period of one to three years;

• forced labor up to five years;

• imprisonment for up to five years, possibly with a fine of up to 80,000 rubles. or in the amount of salary or other other income for a period of up to six months.

All this is provided for by parts 1 and 2 of article 171 of the Criminal Code of the Russian Federation.

Situation: Is it possible for a medical institution to hire a doctor if he has not worked in the profile for five years?

Yes, you can.

The main thing is that by the time of employment the doctor has presented a specialist certificate and underwent professional retraining. It is these requirements that are contained in subparagraph 3 of paragraph 1 of Article 100 of the Law of November 21, 2011 No. 323-FZ.

If these conditions are not met, the medical institution has the right to refuse to hire the applicant in his specialty.

Doctors are assigned qualification category... It is valid for five years from the date of the issuance of the order on its appropriation. Therefore, in order for a doctor to be able to engage in work corresponding to his qualifications, he must confirm it and submit a document that indicates the level of his competence. If such documents are not presented, you can hire a doctor. However, it will not work to admit him to tasks that require a certain qualification. All this follows from paragraphs 4, 5, 27-33 of the Procedure approved by order of the Ministry of Health of Russia dated April 23, 2013 No. 240n.

Employment details of former civil servants

When hiring a former civil servant, report it to his last duty station. This must be done within 10 days from the date of signing an employment contract with him. True, this is not always the case. The fact is that it is only necessary to report the employment of a former civil servant if the following conditions are met:

• less than two years have passed since the person was dismissed from the state or municipal service;

• the employee held a position that is included in regulatory documents in special list... For federal civil servants, such a list is approved by the Decree of the President of the Russian Federation of May 18, 2009 No. 557. For civil servants of the constituent entities of the Russian Federation (municipal employees), the corresponding lists should be developed by the authorities state power subjects of the Russian Federation (bodies local government) (clauses 1, 4 of the Decree of the President of the Russian Federation of July 21, 2010 No. 925, part 4 of article 12 of the Law of December 25, 2008 No. 273-FZ).

Find out this information from the former civil servant himself. He is obliged to inform employers about this within two years after dismissal from the civil service.

All this follows from article 64.1 of the Labor Code of the Russian Federation and article 12 of the Law of December 25, 2008 No. 273-FZ.

Attention: an employer who does not report the hiring of a former civil servant or does it out of time will be fined.

For such an offense, fines are provided in the following amounts:

• from 2000 to 4000 rubles - for citizens;

• from 20,000 to 50,000 rubles. - for officials, for example, a manager;

• from 100,000 to 500,000 rubles. - for the organization.

This is provided for by article 19.29 of the Code of Administrative Offenses of the Russian Federation.

In order to transfer information to the place where the employee previously served, write a letter. Compose it in free form ... The main thing is to take into account the requirements specified in paragraphs 3, 5 and 6 of the Rules, approved by the Decree of the Government of the Russian Federation of January 21, 2015 No. 29. That is, in the letter, be sure to indicate:

• surname, name and patronymic of the citizen. If, after dismissal from the civil service, this information has changed, it is necessary to indicate those that were valid at the time of termination of service;

• date and place of birth of a former civil servant;

• the position that the person replaced in the service;

• full and abbreviated name of your organization;

• the date and number of the order, order for the employee's enrollment in the staff;

• the date of the conclusion of the employment contract. If it is urgent, also indicate the period for which the employment contract was concluded;

• the position for which the employee was hired and the department where he works.

Consent of the Commission in the event of a conflict of interest

If a former civil servant gets a job in an organization, certain functions government controlled which were part of the official (official) duties of a state or municipal employee, he can do this only with the consent of a special commission. He must receive it within two years from the date of dismissal from the state or municipal service (part 1 of article 64.1 of the Labor Code of the Russian Federation).

The citizen is obliged to provide the decision of the commission upon employment. He receives such consent himself. If it is revealed that the citizen has not done this, the employment contract with him will be terminated. There is such a requirement in part 3 of article 12 of the Law of December 25, 2008 No. 273-FZ.

In order to obtain the consent of the commission, a citizen applies to the following authorities:

• subdivision personnel service government body for the prevention of corruption and other offenses;

• to an official of the personnel service of a state body responsible for the prevention of corruption and other offenses.

He must do this in writing. All this is explained in the letter of the Ministry of Labor of Russia dated December 30, 2013 No. 18-2 / 4074.

Situation: from what day can a new employee be hired instead of the one who goes on vacation with subsequent dismissal?

A new employee can be registered from the first day of vacation with the subsequent dismissal of his predecessor. In this case, before the end date of the vacation with a beginner, you need to conclude fixed-term contract... And then - make a decision to change the term of the employment contract.

Let us explain. By general rule for employees who go on vacation with subsequent dismissal, the last day of leave is considered the day of dismissal (part 2 of article 127 of the Labor Code of the Russian Federation). However, the employer must finally pay off and issue the work book before the start of the vacation (paragraph 3, paragraph 1 of the Rostrud letter of December 24, 2007 No. 5277-6-1, paragraph 3, paragraph 2 of the determination of the Constitutional Court of the Russian Federation of January 25, 2007 No. No. 131-O-O).

It turns out that the last day of work in the situation under consideration is the day preceding the start date of the vacation followed by dismissal. From the first day of the vacation, the employee is no longer associated with the employer by labor relations. It was from this date that the staff unit that he occupied was considered vacant. And therefore, a new employee can be hired at his rate.

But since the predecessor will be dismissed only at the end of the vacation, conclude a fixed-term employment contract with the new employee for this period (Article 59 of the Labor Code of the Russian Federation). And after the end of the vacation reissue a fixed-term employment contract for an indefinite .

Hiring on weekends

Situation: is it possible to hire an employee from a weekend or a holiday?

Yes, you can.

After all, the legislation does not contain restrictions on the day of employment. It is indicated in the employment contract. That is, it is determined by agreement between the employee and the employer. Based on the employment contract, the manager orders the inclusion of a new employee in the staff. The date of the employee's hiring in the order must correspond to the day specified in the employment contract. So it turns out that the date of hiring can fall on any day - both a work day and a holiday or weekend.

This conclusion follows from Articles 56, 57, 68 of the Labor Code of the Russian Federation.

At the same time, the date of hiring a new employee and the day of his actual departure to work may not coincide. The fact is that the date of the employee's actual exit to work is additionally determined by the organization's work schedule or the employee's individual work schedule (Article 100 of the Labor Code of the Russian Federation).

An example of hiring an employee from a holiday

On December 30, 2015, between the Alpha organization represented by its director A.V. Lvov and V.N. Zaitseva signed an employment contract, according to which Zaitsev is accepted into the organization as an accountant. The start date of work in the employment contract is set as January 1, 2016. On the same day (December 30, 2015), the director issued an order on hiring an employee from January 1, 2016.

The day Zaitseva actually went to work was determined according to the organization's work schedule. At Alpha, the first working day after new year holidays- January 11, 2016.

Refusal to apply for a job

You can refuse employment on the following grounds:

• inappropriate education;

• insufficient work experience;

• lack of the necessary profession and qualifications;

• medical contraindications.

Such indicative list given in paragraph 10 of the Plenary Resolution The Supreme Court RF dated March 17, 2004 No. 2.

A candidate who has not been hired has the right in writing to demand that he be informed in writing of the reasons for the refusal. The employer is obliged to inform the reason for the refusal no later than within seven working days from the date of such a request (part 5 of article 64 of the Labor Code of the Russian Federation).

We warn you: you cannot indicate pregnancy, the presence of children, lack of registration, gender, nationality, religion as such reasons (parts 2 and 3 of article 64 of the Labor Code of the Russian Federation). Moreover, it is forbidden to install discriminatory restrictions in advertisements when searching for new employees for vacant positions (clause 6 of article 25 of the Law of April 19, 1991, No. 1032-1).

Attention: refusal to hire a job seeker on grounds that have nothing to do with his business qualities, threatens the employer with fines and trial... If the employee wins, the employer will be obliged to hire him.

This procedure is provided for by part 6 of article 64 of the Labor Code of the Russian Federation.

Administrative responsibility

Administrative liability is also provided for unjustified refusal to hire:

• for officials of the organization (for example, the head) - a warning or a fine from 1000 to 5000 rubles. (repeated violation entails a fine in the amount of 10,000 to 20,000 rubles or disqualification for a period of one to three years);

• for entrepreneurs - a fine from 1000 to 5000 rubles. (repeated violation entails a fine in the amount of 10,000 to 20,000 rubles);

• for an organization - a fine from 30,000 to 50,000 rubles. (repeated violation entails a fine in the amount of 50,000 to 70,000 rubles).

Such measures of responsibility are provided for by parts 1 and 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Violation of the rights of persons with disabilities

The legislation provides for separate administrative responsibility for violation of the rights of disabled people in their employment. Unjustified refusal to hire a disabled person within the established quota entails the imposition of a fine on the employer's officials in the amount of 5,000 to 10,000 rubles. (Art. 32 of the Law of November 24, 1995 No. 181-FZ, part 1 of Art. 5.42 of the Administrative Code of the Russian Federation).

Violation of the rights of pregnant women and mothers

For an unjustified refusal to conclude an employment contract with a pregnant woman or the mother of children under the age of three, an official of the employer will be prosecuted. Namely, one of the following types of punishment can be established:

• a fine of up to RUB 200,000;

• a fine in the amount of the convict's salary or other income for a period of up to 18 months;

• compulsory work for a period of 120 to 360 hours.

This is stated in article 145 of the Criminal Code of the Russian Federation.

Situation: how to reasonably refuse to hire and conclude an employment contract?

You can refuse on grounds related to the business qualities of the applicant or to the specifics of a particular job.

The business qualities of the applicant are divided into two groups:

• professional qualifications. In particular, the presence of a profession, specialty, qualifications;

• personal qualities. That is, the state of health, the presence of a certain level of education, work experience in the specialty or in the industry, etc.

Non-compliance with any of the listed qualities can be used as a basis for refusing to hire. And this will be a well-founded refusal.

It should be noted that the employer has the right to submit Additional requirements due to the specifics of a particular job. For example, owning one or more foreign languages, the ability to work on a computer. Refusal to conclude an employment contract for an applicant who does not meet such requirements is also justified.

Moreover, individual requirements specific to a particular type of labor can be established at the federal level (part 3 of article 3 of the Labor Code of the Russian Federation). In particular, special requirements are established for those applying for work:

• to the FSB of Russia (Art. 16 of the Law of April 3, 1995, No. 40-FZ);

• customs (Article 7 of the Law of July 21, 1997 No. 114-FZ);

• the prosecutor's office (Article 40.1 of the Law of January 17, 1992 No. 2202-1).

Inconsistency of the applicant with these requirements is also legitimate to cite as a justification for refusing to hire.

Similar explanations are contained in the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

Advice: Refusal to hire will have to be documented if required by the candidate. Moreover, the requirements that you make are better to issue with a job description. In its text, indicate the requirements for education, work experience, knowledge that an applicant for this or that position must meet.

Attention: Refusal to hire can be appealed against in court.

An example of notifying the applicant about the reason for the refusal to conclude an employment contract

The organization has a vacancy for an electrician. This position was claimed by A.V. Lampochkin, but he was refused an employment contract. At the request of Lampochkin, the management of the organization sent to him notification of the reason for the refusal to conclude an employment contract .

Situation: Is it possible to refuse to hire citizens belonging to the categories of the population for whom job quotas are provided? The organization is located in Moscow.

Yes, you can. However, the organization has the right to do this only for an objective reason or when the quota is completely selected.

After all, if the average number of employees exceeds the threshold value, and there is no objective reason not to hire a citizen for whom a quota is provided, then he will have to be hired. The employer has no right to act differently (part 1 of article 64 of the Labor Code of the Russian Federation).

Objective reasons for refusal to hire include, for example, inappropriate education of the applicant, insufficient work experience, lack of the necessary profession, qualifications, medical contraindications (clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).In the average headcount to calculate the quota of employees with harmful and (or) dangerous conditions do not count labor. The main thing is to confirm the difficult conditions with the results. special assessment of working conditions (workplace certification ).

Quotas in Moscow

In Moscow, jobs are quota with an average number of employees of more than 100 people (part 1 of article 3 of the Law of Moscow dated December 22, 2004, No. 90). This means that with a smaller average headcount, it is not necessary to provide jobs on a quota.

Quotas for employment in Moscow are valid for disabled people and young people of certain categories listed in part 1 of Article 2 of the Law of Moscow No. 90 dated December 22, 2004. For example, quotas are provided for university graduates aged 21 to 26 years looking for a job for the first time, for minors between the ages of 14 and 18.

Organizations are required to create or allocate quota jobs on their own using their own funds. Jobs are considered created, allocated, if they employ citizens for whom a quota is provided.

This procedure is established by part 2 of article 2, part 2 of article 4 of the Law of Moscow dated December 22, 2004 No. 90, paragraphs 2.6, 2.7 of the resolution of the Moscow government dated August 4, 2009 No. 742-PP.

Here's how the Moscow quota is distributed at 4 percent of the average headcount:

• at least 2 percent - for the employment of people with disabilities;

• no more than 2 percent - for enrollment in the staff of young people of certain categories.

At the same time, the ratio of the proportion of disabled people to the proportion of young people can be varied towards an increase in the proportion of disabled people, but only within the established 4 percent. This is stated in Article 3 of the Law of the City of Moscow dated December 22, 2004 No. 90.

Information for the employment service

Employers are obliged to submit information to the employment service on a monthly basis:

• about available vacancies;

• on the created or allocated jobs for the employment of disabled people in accordance with the established quota. Including information about local regulations that establish it;

• on the fulfillment of the quota for hiring people with disabilities.

This procedure is established by paragraph 3 of Article 25 of the Law of April 19, 1991 No. 1032-1, paragraph 3 of Part 2 of Article 24 of the Law of November 24, 1995 No. 181-FZ.

In addition, in Moscow, organizations in which the average number of employees is more than 100 people are obliged to quarterly submit to the Workplace Quota Center information on the fulfillment of the established quota in the form No. 1-quotas (part 4 of article 4 of the Law of Moscow of December 22 2004 No. 90, clause 2.9 of the regulations approved by the Moscow government decree of August 4, 2009 No. 742-PP).

A responsibility

Attention: for violation of the requirement for the allocation of quotas and in cases of unjustified refusal to hire the employer will be brought to administrative responsibility.

Namely, to the fine:

• from 30,000 to 50,000 rubles. - for organizations;

• from 3000 to 5000 rubles - for officials, such as a manager.

Such measures of responsibility are provided for by Article 5 of the Law of the City of Moscow No. 90 of December 22, 2004 and Article 2.2 of the Law of November 21, 2007 No. 45.

At the same time, administrative liability is provided for at the federal level for violation of the rights of persons with disabilities during their employment. For this, officials of the organization are fined from 5,000 to 10,000 rubles. (Art. 32 of the Law of November 24, 1995 No. 181-FZ, part 1 of Art. 5.42 of the Administrative Code of the Russian Federation).

If the organization does not create quota places for youth, legislation provides an alternative. In this case, it is necessary to pay monthly to the budget of the city of Moscow the compensation cost of the quota-based workplace in the amount of living wage for the working-age population. The size of the subsistence minimum is determined on the day the specified cost is paid. This is stated in subparagraph 2 of paragraph 3 of article 2 of the Law of the city of Moscow dated December 22, 2004 No. 90.

Situation: Is it possible to prosecute an organization that refused to hire a citizen? Reason for refusal: the citizen insisted on the absence of a condition on a probationary period in the employment contract.

No.

An employment contract cannot be concluded if the parties have not reached an agreement on all its terms. Absence probationary period- an additional condition of the employment contract. If a citizen refuses to include a test condition in the labor contract, then this means that an agreement has not been reached between the parties. Such a situation cannot be qualified as a refusal to hire. Consequently, the applicant has no grounds for going to court.

This follows from Articles 57 and 70 of the Labor Code of the Russian Federation.

1. Get a job offer from the employee. statement

This is not a required step because this statement is not required by law. However, lawyers dealing with courts assure that it can come in handy.

First, you can ask the employee to write information, necessary for the employer for registration of a personal card, for entering into a personal file.

Secondly, it can come in handy in the event of a dispute over working conditions agreed by the parties. I recall a case when an employee was hired part-time. Around the same time, he was fired from his main job due to long absenteeism. At the same time, at the work that he did part-time, he quarreled with the management (also because of absenteeism) and complained to labor inspectors that he was hired for the main job with part-time work, and, they say, he was deceived and issued a part-time job. During the check, the employer showed the inspectors a statement of this employee, from which the initial intentions of the employee were completely clear: “I ask you to take me to a part-time job ...”. Similar disputes occur with regard to working hours. For example, an employee is given full working hours, a standardized working day, and he subsequently insists that when he was hired, he asked for part-time and / or flexible working hours. Mostly, disputes occur when, after the application, the employment contract is not drawn up or is drawn up, but does not contain all the conditions agreed by the parties.

If the employee's application has been accepted, then it should be registered in the appropriate Application Register.

2. To acquaint the employee with the documents.

According to Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the job description, internal labor regulations, and other local regulations directly related to labor activity employee, collective agreement.

We recommend that you familiarize the employee, in particular, with the instruction on labor protection, regulations on departments, regulations on certification, regulations on trade secrets, regulations on remuneration and bonuses, job descriptions, as well as work schedules, shift schedules.

3. Conclusion of a written employment contract with an employee and if there are grounds for an agreement on full liability.

According to Art. 67 an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. When concluding labor contracts with certain categories of workers, labor legislation and other regulatory legal acts containing norms labor law, it may be necessary to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or drawing up employment contracts in more copies.

Employment contracts are registered in the Employment Contracts Registration Book.

Please note that concluding a full liability agreement is not a mandatory step. However, at this stage, it can also be very useful. Suppose they do not immediately conclude an agreement on full liability with the employee. And after being hired, he already refuses to conclude this contract. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to conclude an agreement on full financial responsibility, whether it is possible to punish or dismiss the disobedient. Among lawyers, judges, inspectors, there are different points view on this matter. And in order not to prove your position to someone in an unpleasant case and avoid unnecessary problems, it is better not to get into this situation and conclude an agreement on full financial responsibility not much after, but before the start of the employee's resistance, even when deciding on the issue of hiring and registering him for work. At the same time, do not forget that the conclusion of such contracts is possible only with the circle of employees strictly outlined by the legislator.

If the company maintains the Book of registration of agreements on full liability, then the concluded agreement should be registered in this Book.

4. Give the employee his copy of the employment contract.

Ensure that the employee affixes a signature on the copy of the employment contract transferred to the employer confirming the receipt by the employee of his copy of the contract. We recommend that you put the phrase “I have received a copy of the employment contract” before signing. According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

5. Issue a job order.

The order (order) on employment is issued in the form T-1 (on the admission of an employee) or T-1a (on the admission of workers), approved by the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004. on the basis of the concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract. Don't apply your shape. Firstly, the named form applies “to organizations, regardless of their form of ownership, operating in the territory Russian Federation"(Clause 2 of the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004) Secondly, if you create an" amateur "form, you risk forgetting to enter any of the mandatory details or conditions into it, for example, whether main or part-time work, whether there is a probationary period, terms of remuneration. And this will lead to negative consequences in the event of a dispute with an employee in the future.

6. Register an order (order) on the employment of an employee in the Register of orders (orders).

7. To acquaint the employee with the order (order) about hiring against signature. According to Art. 68 of the Labor Code of the Russian Federation, the order (order) of the employer for employment is announced to the employee against signature within three days from the date of the actual start of work.

8. Make a record of employment in the work book. According to Art. 66 of the Labor Code of the Russian Federation employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. If the employee does not have a work book, then the employer draws up one. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

9. Fill in the Book of accounting for the movement of work books and inserts to them.

The forms of the Book for recording the movement of work books and inserts to them and the Income and expense book for recording forms of work books and inserts for them were approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

10. Issue a personal card for the employee, to acquaint him with signature in a personal card with an entry made in a work book, with information entered in a personal card. The form of a personal card T-2 is approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004.

11. Register the employee's personal file if in relation to his position the employer has established the obligation to maintain a personal file.

Also keep in mind that this step by step procedure can be supplemented with other stages. For example, a competition for a position or a mandatory medical examination (according to Article 69 of the Labor Code of the Russian Federation, persons under the age of eighteen, as well as other persons in cases stipulated by the Labor Code of the Russian Federation and other federal laws, are subject to mandatory preliminary medical examination (examination) when concluding an employment contract) ).

All personnel officers know for certain how important it is to draw up an order to hire an employee for one or another. The storage of such documentation has been carried out for 75 years.

In addition, the order is the basis for fixing the corresponding entry in the employee's work book, therefore, its registration must be taken seriously. The conditions for hiring, the nature of the work and many other nuances must be taken into account in order for the created document to be executed without flaws.

The last word is for the director!

For hiring, you will need a mandatory (special order) director. The publication of such a document is carried out on the basis of a concluded labor agreement.

Roskomstat of Russia approved special forms of primary documentation related to labor accounting and remuneration. An order for the admission of an employee to a position can be presented in two unified forms:

• No. T-1 - if it comes about one employee
• No. T-1a - regarding a group of workers.

It is in accordance with these forms that employees are hired and registered. Such forms can be filled in by hand (only in legible handwriting) or in printed form.

Each column must be completed in accordance with certain rules.

Information contained in the order

Documents required for employment

The following components should be reflected in the order of employment:

• day, month, year of employment;
• structural unit and position;
• conditions of employment;
• features and character;
• what will be the salary and whether allowances are expected;
• features of the probationary period (only if it is provided for at the conclusion of the contract).

However, not only this information is indicated in the order. It is necessary to fill in all lines and columns. Filling unified form greatly simplified due to the fact that all data fit into a specially designated place.

The only difficulty can arise with classifiers and information coding. of different nature... A personnel officer must have everyone necessary knowledge about the features of each classifier.

Important! Contents of the order in mandatory is fully consistent with the employment contract. Any deviation is illegal.

Features of filling in the details of the document

The selection of personnel for the organization is the central function of management. When registering official documents, with special attention you should refer to the details.

Name of the organization

For such information, a special line is provided in the order. This contains the full name of the organization. It is allowed to fill in both written and in electronic format.
Indicating the abbreviated name of the document is allowed only when it is enshrined in the constituent document.

Important! If the institution has an abbreviated form of the name, then it must be indicated in brackets, next to the full one.

Form code according to OKUD

OKUD - All-Russian classifier management documentation - has the code 0301001. This indicator should be indicated in the column "Form according to OKUD". In the case when order forms issued by the printing house are used, this code, as a rule, is already in the column.

OKPO code

Documenting an employee for work is a procedure that must be approached extremely responsibly. Having an idea of ​​all the nuances of this case, you will be able to prepare well for the reception and avoid embarrassing situations.

An expert lawyer's opinion:

When drawing up any legally significant document, both form and content are always present. Form in most cases, regulated normative document... And the content is determined by the author (authors). In some situations, the text is also partially formalized by norms. But main meaning bilateral agreements is to achieve a balance of interests of both parties. An employment contract is no exception.

The party that has the right to choose always tries to achieve maximum benefits for itself in negotiations. In our case, this is the employer. Your task in this process is to defend your interests. Typically, the personnel officer fills in your personal data in a standard form and offers to sign where there is a tick. Many do so.

If you are really happy with everything, then everything is in order. You can go and work. But you can do this if you are incredibly happy that you were hired. And, really, what's the "right to download"? And if they didn't choose you, but you agreed to work by invitation. They persuaded you for a long time, and lured you from another enterprise. What to do in this case? Of course, all of your agreements must be set out in the employment contract. This should definitely be checked.

How guarantees and other useful bonuses are stated. How compensation will be paid in case of dismissal due to redundancy or at the initiative of the administration. If there was an agreement on the so-called "golden parachute", see its description. Much can be seen if you read carefully. Personnel officers like to say that this is a standard contract, and no one will change it. This is not true, everything can be changed. The truth is different. If you start making unreasonable claims, they will simply not be hired.

Additional information in the video:

Business is not possible without people, therefore organizations and individual entrepreneurs to implement entrepreneurial activity need staff. 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, avoiding 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 entering into 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 work 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 enterprises can conclude an employment contract with him. Currently for registration 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.

Hiring a part-time job: an approximate step-by-step procedure

RECRUITING A JOINTER:

EXAMPLE STEP-BY-STEP PROCEDURE

Steps before applying for a part-time job

• Submission of documents by the employee. Acceptance by the employer of documents from the future employee. Consideration by the employer of the submitted documents and making a decision on eme an employee to work.

At this stage, it is necessary to find out whether or not the candidate has restrictions on engaging in certain types of activities (Article 351.1 of the Labor Code of the Russian Federation).

According to Art. 283 of the Labor Code of the Russian Federation, when applying for a part-time job with another employer, an employee must present a passport or other identity document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or its duly certified copy, and when hiring a job with harmful and (or) dangerous working conditions - a certificate of the nature and conditions of work at the main place of work.

When deciding on hiring, remember that part-time work is not allowed:

Persons under the age of eighteen;

At work with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions;

A number of prohibitions and restrictions on part-time jobs have been established for judges, prosecutors, police officers, military personnel, civil servants, municipal employees, etc.

Employer ( personnel worker or otherwise authorized person) gets acquainted with the presented documents, verifies their authenticity.

If the parties decide to hire the employee to work for the employer, then in the future the employer (personnel worker or other authorized person) takes copies of the documents and certifies them (if necessary, placing such copies in the employee's personal file in cases where the employer maintains personal employee files), transfers information from the presented documents to the employee's personal card, then the originals of the documents (passport, education certificate, etc.) are returned to the employee.

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

According to Art. 69 of the Labor Code of the Russian Federation, the following are subject to mandatory preliminary medical examination when concluding an employment contract:

1) persons under the age of eighteen;

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

• Providing the employer with mandatory information.

According to Art. 64.1 of the Labor Code of the Russian Federation, citizens who filled positions, the list of which is established by the regulatory legal acts of the Russian Federation, after being dismissed from the state or municipal service within two years, are obliged to inform the employer about the last place of service when concluding employment contracts.

Steps for applying for a part-time job

1. Receiving a job application from an employee.

This step step-by-step procedure for hiring a part-time worker is not mandatory for most employers, because the Labor Code of the Russian Federation does not provide for an employee to submit such an application. Submission of an application is required when entering the state and municipal service ( the federal law from 27.07.2004 N 79-FZ "On the state civil service of the Russian Federation", art. 26, Federal Law of 02.03.2007 N 25-FZ "On Municipal Service in the Russian Federation", Art. 16).

If an application for employment by an employee is nevertheless submitted and accepted by the employer, then it is registered in accordance with the procedure established by the employer, for example, in the register of employee applications.

2. Familiarization of the employee with the local regulations of the employer and with the collective agreement (if any).

According to Part 3 of Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee with signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement. Job description, as a rule, it is also a local normative act of the employer (in rare cases, it is an annex to the employment contract).

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

information sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization, and the dates of familiarization (such sheets are stitched together with the local regulatory act),

keeping logs of familiarization with local regulations, in which employees put signatures confirming familiarization, and indicate the dates of familiarization.

When hiring an employee, the text of the employment contract may include the phrase that the employee, prior to signing the employment contract, is familiar with the employer's local regulations, and these acts are listed.

A certain procedure for familiarization with local regulations can be enshrined in one of the local regulations of the employer. Find out your employer's procedure for familiarizing employees with local regulations before you begin to familiarize an employee with them.

3. Conclusion with an employee of an employment contract and, if there are grounds for an agreement on full liability.

According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. When concluding labor contracts with certain categories of employees, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding labor contracts or their conditions with relevant persons or bodies that are not employers under these contracts, or drawing up labor contracts. in more copies.

The labor contract must include mandatory information and conditions (part 1 and part 2 of article 57 of the Labor Code of the Russian Federation) and additional conditions may be included (part 4 of article 57 of the Labor Code of the Russian Federation).

At the same time, the peculiarities of the employment contract with the part-time worker must be taken into account. legal regulation work with part-time workers, established by Chapter 44 of the Labor Code of the Russian Federation.

The employment contract must indicate that the work is part-time.

Please note that concluding a full liability agreement is an optional step. However, it can be very useful at this stage. Suppose they do not immediately conclude an agreement on full financial responsibility with an employee, and after hiring, he already refuses to conclude this agreement. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to conclude an agreement on full financial responsibility, whether it is possible to punish or dismiss the disobedient. Among lawyers, judges, inspectors, there are different points of view on this matter. And in order not to prove your position to someone in an unpleasant event and to avoid unnecessary problems, it is better not to get into such a situation and conclude an agreement on full liability before the employee starts to resist, even when deciding on the issue of hiring and registering him for work. At the same time, do not forget that the conclusion of such contracts is possible only with the circle of employees strictly outlined by the legislator.

According to Art. 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (brigade) material liability can be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values ​​or other property. Moreover, the lists of jobs and categories of workers with whom these contracts may be concluded, as well as standard forms these agreements are approved in the manner established by the Government of the Russian Federation.

Currently there are lists positions and jobs replaced or performed by employees, with which the employer can enter into written contracts on full individual or collective (brigade) financial liability, approved by the Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85. This resolution also approved the standard forms of contracts on full liability.

4. Registration of an employment contract and an agreement on full liability in the manner prescribed by the employer. For example, an employment contract can be registered in the register of employment contracts, and a full liability agreement - in the register of full liability agreements with employees.

5. Handing over to the employee his copy of the employment contract.

According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer. We recommend that you put the phrase “I have received a copy of the employment contract” before signing.

If an agreement on full liability is signed with the employee, then one copy of it is also transferred to the employee.

6. Issuance of an order (instruction) on employment.

An order for the hiring of an employee is issued on the basis of a concluded labor contract, and its content must strictly comply with the terms of the concluded labor contract.

7. Registration of an order (instruction) on the employment of an employee in accordance with the procedure established by the employer, for example, in the register of orders (instructions).

8. Familiarization of the employee with the order (order) on employment under signature.

According to Art. 68 of the Labor Code of the Russian Federation, an order (order) of the employer for employment is announced to the employee against signature within three days from the date of the actual start of work.

9. Solving the issue of writing in the work book.

The work book of a part-time employee is kept by the employer at the main place of work. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

Thus, if an employee is hired as an internal part-time job, then if the employee wishes (which it is recommended to draw up with an employee's application), an entry is made in the work book about the part-time job.

If an employee is hired as an external part-time job, then he should be asked whether he plans to enter a part-time job record in his work book at his main job. If the employee wishes, upon his written application on the basis of Art. 62 of the Labor Code of the Russian Federation, a copy of the order for hiring part-time jobs, duly certified, a certificate of part-time work is issued, so that the employee can provide them at the main place of work to make a record of part-time work in the work book.

10. Registration of a personal card for the employee, familiarizing him with the signature in the personal card with the entry made in the work book, with the information entered in the personal card.

According to clause 12 of the "Rules for maintaining and storing work books, making work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of 04.16.2003 N 225 "On work books", with each entry in the work book on the work performed, translation for another permanent job and dismissal, the employer is obliged to familiarize its owner with the signature in his personal card, which repeats the entry made in the work book. The form of the personal card is approved Federal Service state statistics.

The personal card can be registered in accordance with the procedure established by the employer, for example, in the register of employees' personal cards.

11. Inclusion of the employee in the time sheet, other documents.

12. If the employee is accepted on the terms of external part-time job, then you can ask him a certificate from the main place of work about when he will be granted leave in the current year.

It is advisable to do this because persons working part-time are provided with annual paid leave at the same time as leave for their main job.

Additional steps are possible instep-by-step procedure for hiring a part-time worker: registration of a personal file, notification of the employee's employment to his former employer, communication of information about the employee to the military registration and enlistment office, etc.

• Registration of an employee's personal file, if in relation to his position the employer has established the obligation to maintain a personal file. For most employers, the management of personal affairs is not an obligation. The conduct of personal affairs is mandatory only in cases where it is prescribed by law, for example, for civil servants, municipal employees, customs officials, prosecutors. Regular commercial company, for which the law does not establish the obligation to conduct personal affairs, has the right not to conduct them. But he has the right to lead, if the management considers it necessary. In this case, the procedure for conducting personal affairs is determined by the local normative act of the employer governing relations related to the personal data of the employee (for example, the regulation on personal data and the management of personal files). Personal files can be registered in accordance with the procedure established by the employer, for example, in the register of personal files of employees.
• Notice to the former employer about the conclusion of an employment contract with the employee, if the employee hired is a former government employee or former municipal employee. According to Art. 64.1 of the Labor Code of the Russian Federation, the employer, when concluding an employment contract with citizens who replaced the positions of the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after their dismissal from the state or municipal service, must, within ten days, inform the representative of the employer about the conclusion of such an agreement (to the employer) of a state or municipal employee last place his service in the manner prescribed by the regulatory legal acts of the Russian Federation. This order installed inThe rules for notifying the employer about the conclusion of an employment or civil law contract for the performance of work (provision of services) with a citizen who replaced the position of a state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation (approved by the Government of the Russian Federation of January 21, 2015 N 29) . The document that is sent to the former employer is registered in accordance with the procedure established by the employer, for example, in the register of outgoing documents.
• Referral to the appropriate military commissariat and (or) local authorities of information about the citizen subject to military registration, and hiring him (clause 32 of the Decree of the Government of the Russian Federation of November 27, 2006 N 719). The document, which is sent to the military commissariat and / or local authorities, is registered in accordance with the procedure established by the employer, for example, in the register of outgoing documents.

Some personnel specialists, when familiarizing an employee with local regulations, ask himpoint outnot only the date, but also the time of familiarization, thus emphasizing the observance of the requirements of the code that the employee must be familiarized with the local regulations of the employer, directly related to the employee's labor activity, before signing the employment contract. Accordingly, when signing an employment contract, they ask the employeepoint outtime. We do not object to such diligence, but we believe it will be sufficient when familiarizing the employee with the local regulations of the employer.point outthe date of familiarization, and in the employment contract include the phrase that the employee, prior to signing the employment contract, is familiar with the local regulations of the employer (with a list of these acts).