Employment of workers, local documents on labor relations

Take documents from the employee

1. Passport.
2. A paper work book or information about work activity (STD-R - an extract from the electronic work book).
3. SNILS or notification of registration in the accounting system (ADI-REG) - if available.
4. Military registration documents - military ID for those liable for military service and identification for conscripts.
5. Documents on education or qualifications - if the job requires special training. For example, the driver must have a license, and the doctor must have a medical education diploma.
6. Certificate of no criminal record if the work involves minors. For more information about when such a certificate is still needed, see articles 331, 351.1 of the Labor Code.
7. A medical book if the work is related to food and drinking water, raising and educating children, public utilities and consumer services.

Labor and medical records, a certificate of no criminal record are kept with you while the employee is working. Make copies of the military ID and education document, certify with your signature and seal, and return the originals to the employee. Copy down your passport details - they will be needed to fill out personnel documents, but storing a copy of the employee’s passport is prohibited.

Make an entry in the book that records the movement of work records that you took a paper work record book from the employee.

Form of a book for recording the movement of work books and inserts in them

Form of the receipt and expenditure book for accounting of work book forms and the insert in it

Submit reports without accounting knowledge

Elba is suitable for individual entrepreneurs and LLCs with employees. The service will prepare all the necessary reporting, calculate salaries, taxes and contributions, and generate payments.

Try 30 days free Gift for new entrepreneurs A year on “Premium” for individual entrepreneurs under 3 months

Complete missing documents

If this is your employee’s first job, he does not yet have a work book and notification of registration in the persuet accounting system (previously this was called a pension insurance certificate). Your task is to arrange them.

Submit an ADI-REG notification

If an employee is hired for the first time, issue him an ADI-REG notification to confirm registration in the accounting system. This notification replaces the green SNILS card, which the Pension Fund of Russia has not issued since April 1, 2021.

To apply for ADI-REG:

1. Take a free-form application from the employee. For example, this.
2. Fill out the form ADV-1 and ask the employee to sign it. Sample filling ADV-1
3. Fill out the list of documents according to form ADV-6-1.
4. Submit the questionnaire and inventory to the Pension Fund office at the place of registration of the individual entrepreneur or LLC on paper or electronically.
5. The Pension Fund of Russia will generate a notification of registration in the accounting system.

An employee will be able to receive a notification in several ways:

• in person at the Pension Fund;
• in the MFC;
• through the government services portal;
• in your Personal Account on the Pension Fund website.

Employment history

From January 1, 2021, only electronic work books are issued for employees who get a job for the first time. To do this, it is enough to send the SZV-TD report to the Pension Fund - no later than the next day after the issuance of the admission order.

What does it mean to “punch” a person through different databases?

Today, many people have free access to the Internet. This allows you to obtain the necessary dossier on another person in a short time. The technique of “punching through” people is very effective, but does not provide accurate information in all cases. Typically, existing databases and special resources are used for this purpose. In fact, we are talking about obtaining information with the following content:

• whether a citizen has debts of varying levels;
• person's tax identification number;
• whether the citizen is wanted, and whether he has cases in court;
• bankruptcy information;
• the presence of court decisions involving a specific person;
• whether the person is engaged in entrepreneurship;
• how valid is his passport;
• level of education of a citizen.

Special services can help you obtain information, for example, the websites of the Federal Tax Service of the Russian Federation or the bailiffs’ resource, the State Services portal or the website of the judicial authority. Third-party electronic platforms offer to obtain data on a citizen’s employment. Typically, the full name and full information about the person are provided. As a rule, such services are provided for a fee, but the information received cannot be trusted, since such a scheme is fraudulent.

Send the employee for a medical examination, if necessary.

Some employees are required to undergo a medical examination before starting work. These include:

1. Workers in the food industry, catering and trade, water supply facilities, medical organizations and child care institutions. For example, sellers, cooks, waiters, teachers.
2. Workers with harmful and dangerous working conditions and those whose duties are related to traffic. Check the lists to see if your employee falls into this category.
3. Employees under 18 years of age.
4. Employees from other cities who work in the Far North and equivalent areas.

A medical examination is carried out before an employment contract is signed. If the candidate refuses, don't hire him.

The employee undergoes a medical examination at your expense. To do this, you enter into an agreement with the hospital and send an employee there. Based on the results of the medical examination, he will be given a certificate or an entry will be made in the medical book.

Article: who and when should undergo a medical examination

How is this process carried out for minors?

Types of employment of minors occupy their own niche in the employment market. This process is carried out regarding this category of citizens according to specific rules. In most countries of the world, for persons under eighteen years of age, the possibility of obtaining a job is regulated separately by law.

According to Russian regulations, the opportunity to enter into an agreement with employers appears upon reaching the age of sixteen. But the exception is fifteen-year-old teenagers who have received a secondary school education or are studying under an individual program. They are allowed to perform simple tasks that do not have a negative impact on health and do not interfere with development and functioning. A younger age category can be involved in the work process only as part-time employment. Work should allow the teenager to continue his education. But this age category is allowed to do this only with consent from parents or guardians.

That is, persons who have not reached the age of majority can be involved in any type of work, with the exception of gambling-type establishments and nightclubs. They are prohibited from dealing with cigarettes, alcohol and psychotropic substances. They should not be engaged in work that could potentially harm their health. That is, the transfer of heavy loads is limited to a certain weight.

All types of employment involving minors are accompanied by a medical commission, which must issue its conclusion.

Teenagers cannot be employed at work on holidays and at night. Working beyond the norm is also prohibited for this category. It is not allowed to send them on a business trip.

For such employees, a shortened working week is established. For persons under sixteen years of age, this number is twenty-four hours. For teenagers from sixteen to eighteen years old, this time is thirty-five hours a week.

Minor workers have additional guarantees. That is, an employer cannot voluntarily fire a teenager. This can only be done with the help of the state labor inspectorate.

An employer who hires a minor must understand that he is obliged to provide annual leave. It must be at least one month. And he is entitled to financial compensation.

Remuneration for work done for teenagers is calculated based on hours worked.

Develop local acts, if you want

Local acts are separate documents that regulate some issue in the organization: internal labor regulations, storage and use of personal data, regulations on remuneration, instructions on labor protection.

Previously, local acts were mandatory, but from 2021 micro-enterprises were allowed to waive them. And everything that they regulate should be included in the employment contract according to the standard form. We will talk about it in detail in the next section.

How do you know if you are a micro-enterprise? If your annual income does not exceed 120 million rubles and there are fewer than 15 employees, you fall into this category.

If you want, you can write everything down in separate documents and show each of them to the employee. And he will sign that he read it all.

How realistic is it to obtain the necessary information about a citizen’s employment?

Even if at first it seemed that it would not be difficult to clarify the information, in reality, the issue cannot be resolved in a few minutes. There is a way to obtain information about a citizen’s work, but much depends on the specifics of employment. Today there are several options for obtaining the required information, but it is important to remember that there are many scammers involved in providing such services.

The simplest advice is to check with the person himself. All you have to do is ask questions about employment and wait for an answer. This option is the most effective and suitable for resolving the situation. Usually, people are happy to provide information, and in most cases, the information is reliable. However, there is no guarantee, so you may need to resort to other methods.

Sign an employment contract

An employment contract is the basis of the relationship with an employee. In it you indicate his position, responsibilities, work schedule, salary and financial responsibility. All conditions are listed in Article 57 of the Labor Code.

Sign the employment contract within three days from the date of actual start of work. If you refuse local acts, use the standard form of agreement that the government has developed. Just fill in the blanks.

If some clauses do not apply to your situation, remove them from the contract. For example, about the special nature of the work, if this is an ordinary office employee, or about compensation for the use of personal belongings, if he works on your equipment.

Print out the agreement in two copies. Give one to the employee, and ask them to write on yours “I received a copy of the employment contract” with a date and signature.

Conduct occupational safety training

Briefing is carried out to explain to the employee how to behave in the workplace. There are introductory, primary, unscheduled and targeted briefings.

Conduct induction training for each new employee. The rest - depending on his position or as needed.

Employees whose duties are not related to the use of equipment, tools, storage and use of raw materials and materials can be exempted from initial and repeated training. The list of positions that do not undergo these instructions, you state. For example, you can release employees who work only with office equipment - a computer, printer, telephone.

Sample order for approval of positions exempt from initial training

Unscheduled and targeted briefings are carried out if something happens. For example, labor protection legislation has changed, workers have violated safety regulations, or government agencies have issued an order to conduct training. Such instructions are less common, so we will not talk about them in detail.

Before instructing employees, undergo occupational safety training yourself. Conducting briefings without training is the same as not conducting them at all. Tuition is paid - approximately 2,500-4,000 rubles.

To conduct an introductory briefing:

1. Develop and approve a training program. Here is an approximate list of questions for her and a sample approval order.
2. Appoint yourself as responsible for labor safety - this requires another order.
3. Conduct induction training on the employee's first day of work.
4. Make a note in the journal about the briefing, with yours and the employee’s signatures.

Article: organization of labor protection in a small enterprise

Create a staffing table

The staffing table contains the positions of your company. Even if you only have one employee, there should be a schedule. What to include in the schedule:

1. Names of structural divisions - for example, sales department, administrative department.
2. Names of positions, specialties, professions - for example, salesperson, secretary. The positions in the employment contract and the staffing table must match.
3. Number of staffing units - how many employees you plan to hire for this position.
4. Salary and bonus, if any.

Can requests be sent to the official department?

Employers or creditors have the right to use other methods and obtain information about a citizen’s employment. By law, a person has only one official place of employment. The rest of the places are part-time jobs.

There are no legislative provisions regarding the regulation of the issue, but there are official methods that allow you to obtain data on a specific person:

1. Send a request to the Pension Fund about the amount of deductions per person. Similar information is stored in the tax service at the citizen’s place of registration. Such a request will be beneficial if the person has official employment.
2. If you are unofficially employed, you should request a certificate of the citizen’s income. Under such circumstances, it is almost impossible to find out whether a person is working.

There is an opinion that requests to the Pension Fund and the Federal Tax Service are illegal, since the applicant must have grounds for obtaining such information. In addition, we are talking about the dissemination of a citizen’s personal data, which is also unacceptable.

What else?

We have listed what you need to do when hiring an employee. In addition, you have other responsibilities. Here are the main ones:

• Conduct a special assessment of workplaces. Read more about this in the article Special assessment of working conditions.
• Maintain a vacation schedule. Read more about it in the article How to send an employee on vacation.
• Maintain a time sheet.
• And also: pay salaries on time, pay vacations and sick leave, and submit a bunch of reports. Read our help articles in the “Working with Employees” section - we talk about this in detail there.

How can social networks and search engines help?

Another option to obtain information about a citizen’s employment is to use a profile on social networks. Today, many on the Internet do not hesitate to open and fill out personal pages. In the profile you can find information about education and family, personal life and employment.

It is enough to know a person’s personal data to find a profile on social networks and carefully study the information presented there. The most useful resources in this matter are such resources as VKontakte, FaceBook and Odnoklassniki. The necessary data is usually indicated in the “Career” or “Place of Work” sections of the application form.

Browsers can also be used for this purpose. Even if there is no information on social networks, there may be information on the Internet. Experts recommend opening a search engine and entering information about a specific person into the line. After the request, you will need to carefully study the results generated by the system. Unfortunately, the chances of finding truthful and useful information are not very high.

What if you don't do this?

You are probably thinking that it is unrealistic to comply with all the rules, and filling out piles of documents is a waste of time. You know that some people work without it, and you want it that way too. Here are the risks.

It is not easy to detect violations of labor laws - only during an on-site inspection. An unscheduled inspection is most often carried out based on a complaint from an employee or client, and small businesses are exempt from scheduled inspections until 2021. Then scheduled inspections can be carried out no more often than once every three years.

They are punished only for violations that were discovered within one year from the date of commission. Then the statute of limitations for prosecution expires.

But if the violation is still discovered on time, the fine will be large. Here are some examples:

- There is no employment contract or it is not drawn up according to the rules: fine for individual entrepreneurs - from 5 to 10 thousand rubles, for LLC - from 50 to 100 thousand rubles according to clause 4 of article 5.27 of the Administrative Code.

— There was no instruction on labor protection, no medical examination: fine for individual entrepreneurs - from 15 to 25 thousand rubles, for LLC - from 110 to 130 thousand rubles under clause 3 of article 5.27.1 of the Administrative Code.

— Violation of military registration rules in an LLC: a fine from 300 to 1,000 rubles.

- Other violations of labor legislation: fine for individual entrepreneurs - from 1 to 5 thousand rubles, for LLC - from 30 to 50 thousand rubles under clause 1 of article 5.27 of the Administrative Code.

For small and medium-sized businesses, the fine for the first violation of the Code of Administrative Offenses may be replaced with a warning if there was no harm to people or property.

Memo

We have compiled a list of documents that need to be stored if you have at least one employee:

1. An employment contract signed by the employee and additional agreements to it, if any.
2. The order of acceptance to work.
3. An employee’s work book, a receipt and expenditure book for recording work books, a book for recording the movement of work books.
4. Employee's medical record, if needed.
5. Vacation schedule.
6. Time sheet.
7. Employee's personal card.
8. Staffing schedule.
9. Occupational safety briefing log, list of positions exempt from initial briefing.
10. Military registration documents.
11. All the orders that you issue: on granting leave, on sending on a business trip, and others.

Make it a rule to keep all documents related to employment relationships. We issued a vacation order and put it in a folder. The documents may be useful if disputes arise with an employee or the labor inspectorate comes to check.