The bureaucratic component of hiring a new employee begins mainly with the fact that he writes a job application. At first glance, the document itself and the procedure for writing it seem simple and understandable. But in reality they raise many questions. Therefore, it makes sense to understand this topic in detail. Knowing the pitfalls, you will be reliably insured against unnecessary problems that arise due to errors in the personnel bureaucracy and are fraught with proceedings and fines.
Is this document necessary?
The documents that are required during registration are listed in Article 65 of the Labor Code of the Russian Federation. But this exhaustive list does not include a job application. Required papers include:
- passport or other identification document;
- work record (except for cases of part-time employment or first employment);
- SNILS;
- for those liable for military service - a military registration document;
- diploma of education (if necessary - if the job requires special training).
For certain positions for which persons with a criminal record or administrative penalties for drug use are not allowed, certificates of no criminal record or administrative punishment will be required. When applying for a job for the first time, the employer will issue a SNILS and work book for the new employee.
Why then is it almost always necessary to apply for a job? Simply because it is convenient when maintaining personnel document flow. On this paper, notes are made by an employee of the HR department, for example, that documents from the applicant have been accepted, and the resolution of the head of the organization is also put there: to accept the position or refuse. This is an interim agreement between the manager and the future employee, which specifies some of the nuances of the employment relationship being formalized, such as, for example:
- the date from which the person begins his duties;
- the future employee does not have a work book (which means the organization needs to get one);
- nature of work: part-time or part-time employment, etc.
Whether or not to draw up this paper is decided differently in each organization, but, in any case, the basic conditions of the employment relationship are prescribed in the employment contract: position, duties and rights, salary, work and rest hours and other important points. And only on the basis of an employment contract, in accordance with Article 68 of the Labor Code of the Russian Federation, is an employment order issued.
Employment contract
Being an official action, employment in an individual entrepreneur or a legal entity is necessarily accompanied by the signing of an employment contract. This is a fundamental document describing the relationship between an employee and his employer.
In this case, its preparation is preceded by the following actions:
- Submitting an application (the procedure is mandatory for budgetary and municipal structures). An application for employment for an individual entrepreneur and a sample for filling out in 2021 were given earlier, and are no different from the document for admission to a private organization or budgetary structure.
- Providing the applicant for the position with a package of documents for employment.
Next comes the actual conclusion of the contract and its signing by the parties.
Then:
We recommend you study! Follow the link:
Sample application for employment as an individual entrepreneur
- the new employee receives his copy of the contract;
- the organization issues a hiring order;
- a corresponding entry is made in the work book.
Documents required:
- All-Russian passport;
- military registration documents;
- work book (if there is none, one is created);
- documents on acquired qualifications and level of education;
- referral to work when a citizen comes from the labor exchange;
- TIN;
- in some situations, you need to provide the employer with a medical report on your state of health;
- certificate of good conduct;
- SNILS;
- medical certificate of professional suitability and other documents.
So, the employment contract has been concluded, it contains:
- employer and employee information;
- conditions for the latter to perform labor activity;
- details of the place of work (address);
- rights and obligations of the parties;
- additional conditions, bonuses, guarantees;
- signature of the employee and employer.
The contract enters the personnel document flow and serves as the main evidence of the employment relationship.
An example of such a document:
It is important to correctly enter information into the work book.
What to pay attention to
Federal laws define cases when a job application must be submitted - this rule applies to employment:
- for the civil service (clause 2 of Article 16 of the Federal Law of April 27, 2004 N 79-FZ);
- for municipal service (clause 3 of Article 16 of the Federal Law of March 2, 2007 N 25-FZ).
In other cases, the employee does not have to write such a document, since this is his right, not his obligation. But it is difficult to find grounds for such a refusal, and why: signing the document will not take much time. Many companies have created templates where all you have to do is enter information, date and sign.
Structurally the paper looks like this:
- header in the upper right corner: to whom (name of the manager’s position, name of the organization, full name of the manager);
- from whom (full name of the employee, sometimes - address);
You can write the text entirely by hand, or substitute the necessary information into the template, or type it on a computer, print it out and sign it yourself - any option is allowed.
When applying for a job with an individual entrepreneur, and not with an organization, the type of document changes slightly. In the upper right corner, instead of the inscription “General Director (Director)” they write “Individual Entrepreneur”.
When completing the transfer procedure, indicate from which organization and from which position the transfer is taking place (this information will be required by the personnel employee to make an entry in the work book).
When applying for part-time employment, indicate its type: internal or external.
How to write an application correctly
An application for employment with an individual entrepreneur is drawn up according to certain rules. The employer has the right to determine the application form independently. It is written arbitrarily, but with respect for nuances.
The application must indicate:
- the exact name of the company where the applicant is applying;
- job title;
- conditions of employment.
Conditions may include part-time, part-time or full-time work.
The application form must contain the following information:
- contact information about the employer, company where the citizen wants to go to work;
- job vacancy;
- full information about the employee: full name, contacts.
The application must indicate information about the employee who keeps records of the employment of workers.
ATTENTION! View the completed sample application for employment with an individual entrepreneur:
Who signs the application
The document, in addition to the applicant himself, is signed by the manager in whose name it was drawn up. An indication of the execution of the document is drawn up on the same paper in the form of a written resolution. This inscription is usually located in the upper left corner of the sheet.
The manager sums it up with one phrase and leaves it on the document. For example,:
- "recruit";
- "design";
- "to order";
- “I don’t mind”;
- “to the HR department in accordance with the established procedure.”
The director puts a signature and date next to the resolution.
For an employee, the director’s mark and signature on the application serves as a guarantee of employment and protection against unreasonable refusal to hire for a position. Although this document, we repeat, does not formally have legal force, the employment relationship is determined by the employment contract and order.
This option with the manager’s resolution will be useful as a sample:
How to fill out an individual entrepreneur’s work book when hiring an employee
An individual entrepreneur is required to enter information into the work book within five days from the date of employment of the employee. If the employment form is not filled out, this is considered a violation of the law. If a person comes to work for the first time and does not have a work form, an individual entrepreneur must issue one himself.
In this case, you must completely fill out the title page. The employee checks the correctness of the data and puts his signature on the title page.
If a person has already worked before and has a work book in his hands, then a new entry is made under the next serial number. The record contains the date of employment, company name, position. Everything is secured with the manager’s signature and seal.
The procedure for drawing up a work book must be carefully considered. This is the main document that is required when calculating a pension. You need to check that the entries are made correctly.
Application from a minor
Article 63 of the Labor Code of the Russian Federation is devoted to the peculiarities of concluding employment contracts with minors; it determines the age at which it is permitted to conclude such agreements.
- Teenagers who have reached the age of 16 have the right to sign employment agreements on their own, which means they write an employment application on their own, similar to the standard version for adult workers.
- A 15-year-old child who has graduated from school early or is continuing his studies is allowed to independently apply for a job, but only if he performs light work that does not cause harm to health or damage to his studies.
- From the age of 14, a child who is studying at school is allowed to work in his free time only with the permission of one of the parents and the guardianship and trusteeship authority.
- Children under 14 years of age are recruited only to work in cinema, theater or participate in sports competitions, subject to the consent of the parent (guardian) and the guardianship authority. Athletes require a medical examination. If the child is under 14 years of age, the employment contract is signed for him by the parent, and the parent also submits a request for employment.
In accordance with the law, children under 15 years of age require the consent of their parents and guardianship authorities to be employed. In this case, the admission document from the applicant differs from the standard one. The parent or guardian expresses his consent both in the form of a separate document (it is called “Consent”), and in the form of an addition to the application. Here are 2 examples of writing an application for admission of a minor, including parental consent:
- from a teenager 14 years old - the document is supplemented with parental consent;
- from the parent of a child under 14 years of age.
The text in the first case looks like this:
Please hire me at Kamelia LLC for the position of assistant secretary for the summer holidays from July 1, 2021 to August 31, 2021
(date, signature, transcript)
I, Irina Borisovna Morozova, agree to employ my daughter, Tatyana Ivanovna Morozova, at Kamelia LLC for the position of assistant secretary for the summer holidays from July 1, 2021 to August 31, 2020. I am familiar with the internal labor regulations, the child’s job responsibilities and working conditions.
(date, signature, transcript)
In the second case:
I ask you to accept my son, Yuri Viktorovich Maltsev, at Cinema LLC as a supporting actor from April 17, 2021. I am familiar with the internal labor regulations, the child’s job responsibilities and working conditions. I give my consent to the employment of my son, Yuri Viktorovich Maltsev, at Cinema LLC as a supporting actor to perform light work that does not interfere with learning and does not harm health.
(date, signature, transcript)
Is the application a mandatory document for employment?
Current laws in the field of labor law do not require an employee to compile and submit an application for admission to a new organization.
Exactly what documents a person applying for a job must provide to his employer are reflected in a closed list, where this form is not indicated.
The Labor Code of the Russian Federation establishes that only an employment agreement must be in writing. Based on it, a hiring order will be issued.
It is believed that a candidate who has passed the selection can simply, after verbal agreement with a company representative, formalize an agreement in writing, which will record the main points of the future relationship. The employee’s signature on the contract will be a manifestation of his good will.
But in practice, it is recommended that the future employee still request a statement that will reflect the profession, start date, and working conditions. This will additionally indicate the employee’s desire to enter into an employment relationship with this employer. As a result, the contract with the employee will not be drawn up in unfounded agreements, but on official letterhead.
However, the employee cannot be required to submit an application. In this case, the representatives will violate current legislation.
This document is also important for the employee, because the resolution submitted by management on the application will act as an additional guarantor of his rights.
Attention! If a new employee goes to work in municipal or state institutions and institutions, then, in accordance with existing norms of federal legislation, he must fill out an application for admission without fail.
Retention period for employment documents
The storage time of documents in the archive is determined in the List of standard archival documents approved by Order of the Ministry of Culture of Russia dated August 25, 2010 N 558. The employment form falls into the category of personnel documents and, according to paragraph 656 of Section 8 of the List, is stored in the organization for 75 years.
Legal documents
- Article 65 of the Labor Code of the Russian Federation. Documents presented when concluding an employment contract
- Article 68 of the Labor Code of the Russian Federation. Registration of employment
- Federal Law of April 27, 2004 N 79-FZ
- Federal Law of March 2, 2007 N 25-FZ
- Article 63 of the Labor Code of the Russian Federation. Age at which it is permissible to conclude an employment contract
