Article 65. Documents presented when concluding an employment contract - as amended, verified 02/05/2021 - Labor Code

Article 65 of the Labor Code of the Russian Federation as amended for 2021

Article 65 of the Labor Code of the Russian Federation. Documents presented when concluding an employment contract

Unless otherwise established by this Code or other federal laws, when concluding an employment contract, a person applying for work presents to the employer: (as amended by Federal Law No. 409-FZ of December 1, 2014)

— passport or other identification document;

— work book, except for cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

— insurance certificate of compulsory pension insurance; (as amended by Federal Law dated July 21, 2014 N 216-FZ)

- military registration documents - for those liable for military service and persons subject to conscription for military service;

- a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training; (as amended by Federal Law dated July 2, 2013 N 185-FZ)

- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and form established by the federal executive body exercising the functions of developing and implementing state policy and legal norms regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with this Code, other federal law, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution; (paragraph introduced by Federal Law dated December 23, 2010 N 387-FZ)

- a certificate stating whether or not a person is subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, which is issued in the manner and in the form established by the federal executive body exercising the functions of producing and implementation of state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with federal laws, persons subject to administrative punishment for the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, until the end of the period during which the person is considered subject to administrative punishment. (paragraph introduced by Federal Law dated July 13, 2015 N 230-FZ)

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

It is prohibited to require from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of compulsory pension insurance are issued by the employer. (as amended by Federal Law dated July 21, 2014 N 216-FZ)

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 65 Labor Code of Russia

Article 65 Labor Code of Russia

Documents presented when concluding an employment contract

passport or other identity document;
work book and (or) information about labor activity (Article 66.1 of this Code), except in cases where the employment contract is concluded for the first time; (as amended by Federal Law dated December 16, 2019 N 439-FZ)
a document confirming registration in the individual (personalized) accounting system, including in the form of an electronic document; (as amended by Federal Law dated April 1, 2019 N 48-FZ)
military registration documents - for those liable for military service and persons subject to conscription for military service;
a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training; (as amended by Federal Law dated July 2, 2013 N 185-FZ)
a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with this Code, other federal law, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution; (paragraph introduced by Federal Law dated December 23, 2010 N 387-FZ)
a certificate stating whether or not a person is subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, which is issued in the manner and in the form established by the federal executive body exercising the functions of production and sale state policy and legal regulation in the field of internal affairs - when applying for a job related to activities to which, in accordance with federal laws, persons subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or potentially new ones are not allowed dangerous psychoactive substances, until the end of the period during which the person is considered subject to administrative punishment. (paragraph introduced by Federal Law dated July 13, 2015 N 230-FZ)

When concluding an employment contract for the first time, the employer issues a work book (except for cases where, in accordance with this Code or other federal law, a work book is not issued for the employee). If an individual personal account has not been opened for a person entering work for the first time, the employer submits to the relevant territorial body of the Pension Fund of the Russian Federation the information necessary for registering the specified person in the individual (personalized) accounting system.

(as amended by Federal Laws dated April 1, 2019 N 48-FZ, dated December 16, 2019 N 439-FZ)

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book (except for cases where, in accordance with with this Code and other federal laws, a work book is not kept for the employee). (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006; as amended.

Federal Law of December 16, 2019 N 439-FZ)

Drawing up an employment contract requires the provision of a special package of documents that allow you to make this legal act individual. What documents does the employer have the right to require, and what documents is prohibited?

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Employment history

This is the main document confirming the employee’s length of service and work activity. Has a standardized form. Conducted according to government-approved methodology. It is compiled for each worker individually.

The work book displays the following data:

name of the employer's company;
date of employment (dismissal);
full name of the position to which the employee was assigned (transferred);
date and number of the order on the basis of which the enrollment (dismissal) was made;
incentives available to the employee.

All records are certified by the signature (with a transcript of the position name and full name) of the employee authorized to maintain work records, as well as the company seal. The absence of these details may cause the entries to be invalidated.

According to the rules for maintaining work books, all entries are entered sequentially and numbered in continuous numbers. If you change place of work, maintaining the work book continues at the new place of work. For the entire period that an employee is on the company’s staff, his work record book must be kept in the HR department. Handing over this document to the worker is not allowed.

Remember, the absence of a work record is not a basis for refusal of employment. But in this case, the length of service will begin from the moment of the last employment. And this means a reduced amount of sick leave and other social benefits.

Legal regulation

The conclusion of an employment contract is carefully regulated using the standards set forth in the Labor Code of the Russian Federation. The question regarding the documents that must be provided by a potential employee when drawing up such an agreement between the employee and the employer is no exception.

The list of necessary documents that a potential employee will need to provide is contained in Article 65 of this regulatory act. The list contained in this article is exhaustive and there is no need to expand it.

What document is used to document the hiring of an employee?

After the employee has provided all the necessary papers, and the personnel officer has familiarized him with the local regulations, you can proceed to registration of employment. What document is used to document employment? Not just one: the personnel officer will have to immediately prepare at least four mandatory forms.

When applying for a job, the following documents are drawn up:

an employment contract is concluded first;
work book - a record of employment is made;
personal card - sections I-III and IX are filled out;
employment order (unified form No. T-1 or equivalent) - issued no later than three days from the date of actual admission to work, certified by the manager.

Local standards may also provide for other documents - a questionnaire, autobiography, job application, etc. However, not a single job placement is complete without the minimum set listed above. An expert will tell you more about the nuances of the procedure and common mistakes when completing it ↓

Standard list of documents under Article 65 of the Labor Code of the Russian Federation

A fairly wide list of standard documents that must be provided by a potential employee when drawing up an employment contract for a new place of work is due to the need to individualize this legal act in order to ensure maximum regulation of legal relations with a specific employee, since he may have specific job responsibilities.

Standard documents include:

passport or other document that will confirm the identity of the person who is acting as a potential employee;
employee’s work book , but only if the potential employee is not employed for the first time or if we are talking about part-time employment;
certificate of compulsory pension insurance (SNILS);
certificate of assignment of taxpayer identification number;
in the event that we are talking about an employee who has the status of a person liable for military service, he will need to provide a document that confirms such status (military ID or a document similar to a military ID confirming such status);
if employment requires confirmation of qualifications, including the presence of an appropriate level of education, you will need to provide documents on education , including if we are talking about documents confirming retraining or advanced training;
certificates of no criminal record of a potential employee , as well as that no administrative coercive measures were used against him, if persons with such aspects of the past cannot be allowed to work in specific positions due to the specifics of the work itself;
If there are special conditions, the employee may be required to provide a health certificate . However, the list of cases when it may be requested is regulated by current legislation.

additional information

Labor legislation allows personnel service employees to request additional information about a citizen in order to sign an employment contract with him.

Documents may be required due to the specifics of the work ahead.

You will also need the following documents necessary to conclude an employment contract:

TIN. A certificate of registration with the tax authority is often required to be presented when applying for a job. This document is drawn up at the tax office at your place of residence .
2-NDFL. A new employer may require a certificate in form 2-NDFL, which contains information about all the citizen’s income for the required billing period. A similar certificate is obtained from the accounting department at the previous place of work .
Sanitary book. Workers in the food industry, trade, medical institutions and a number of other areas must have a health certificate.
Medical examination data. REFERENCE. Persons under 18 years of age are hired only if they have completed a primary medical examination . Also, citizens of any age are often required to provide a photofluorogram before signing an employment contract.

Some documents may be required to assign additional benefits and guarantees to a citizen. Since such documents are optional, the employer does not have the right to require a citizen to present them without fail. The employer has the right only to make a proposal, but the future employee makes the decision to provide documents to receive benefits and guarantees independently.

Such documents include:

Data on family composition. In this case, children's birth certificates, marriage or divorce certificates are presented. This data can become the basis for receiving a number of benefits (for example, providing vouchers to camps for children or reducing working hours for mothers of young children).
Medical reports and certificates. Pregnancy, disability or other health conditions may be grounds for creating special working conditions. For example, when hiring a pregnant employee, and employing people with disabilities.
Rights to additional compensation and guarantees. Such rights are given by the presence of an academic degree, title, honorary title, etc.