Article 68 of the Labor Code of the Russian Federation. Registration of employment

23.08.2019

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3 min.

Hiring under Labor Code implies compliance with certain regulations. This is a personnel procedure that begins the interaction between an employee and an employer. Errors, inaccuracies and shortcomings in this case are unacceptable, since they are easily identified during the next inspection by the labor inspectorate and lead to legal proceedings. It is recommended that Art. 68 Labor Code of the Russian Federation. It defines the basic rules and obliges the employer to issue an order and enter into an employment contract.

Article 68 of the Labor Code of the Russian Federation

The Labor Code clearly regulates the provisions for hiring new employees, the procedure is directly reflected in Article 68, therefore the personnel service should be guided by it in the first place. The norm is not ambiguous and is interpreted unambiguously, but if in doubt you should familiarize yourself with the accepted comments. Basic provisions of Art. 68 Labor Code of the Russian Federation:

• Personnel are hired through an order drawn up on the basis of an already signed employment agreement. The content of the order should not contradict it, but rather reflect the basic conditions.
• The document is presented to the citizen against signature; this must be done within 3 days from the date of acceptance. Upon request, the employee may be given a copy of the order, but such an action is not an obligation; it is enough for personnel officers to familiarize the person with it.
• Before signing a contract, the employer familiarizes the future employee with the job description, internal regulations, and other rules that will directly affect his work activity.

Attention! All these points must be observed by the personnel department when hiring new employees. All papers required by the Labor Code of the Russian Federation are drawn up after the citizen provides documents confirming his identity, education, and qualifications.

Registration of citizens for work

Employment is fully regulated by the provisions of current legislation. It determines the procedure and timing for receiving and drawing up orders. Compliance with it is necessary to optimize document flow and protect the rights of workers. Hiring at any enterprise, regardless of the form of activity, is carried out according to the following algorithm:

• Receiving a package of documents from the employee required for admission to the position.
• Drawing up an order indicating the full name of the citizen, the position he will occupy, and other important information.
• Familiarization with it and other regulations of the future employee.
• Concluding an employment contract or agreement if a probationary period is expected.
• Registration of a personal file using a unified form card.
• Entry into the work book, acceptance of the document itself for storage.

Hiring under an article of the Labor Code of the Russian Federation involves issuing an order in a strictly established form No. T-1, which was established by Resolution of the State Statistics Committee of the Russian Federation No. 26 of April 6, 2001. This is the basis for enrolling a citizen in the state.

It is important to know! According to the provisions of Part 3 of Art. 68 of the Labor Code of the Russian Federation, the work book must contain information about the employee, and also contain a link to the order, its number and date of signing.

Conditions for employment

Employment of citizens is carried out on the basis of an application, which indicates the specific position for which the applicant is applying. If a vacant position is filled based on the results of a competition, then the corresponding decision of the commission is attached to it. On the application itself, the personnel department or the head of the organization puts his signature and the adopted resolution. In addition to filing, the following conditions are also met:

• If the work is temporary, then the contract must indicate the reason and expiration date. Without such a clause, the agreement is considered unlimited.
• When hiring a citizen on a part-time basis, this must be directly reflected in the work book, and in this case it is allowed to work for no more than 1/2 of the full-time position.
• The employment contract is drawn up in writing within three days after the citizen goes to work.

Special nuances must be observed by the personnel service when accepting pensioners and minors. If the job involves difficulty or age restrictions, this must be clarified at the interview stage. The company has the right to request only the list of documents that is determined by the Labor Code of the Russian Federation (passport, SNILS, diploma or certificate of secondary education, medical examination), but in some cases additional information about the assignment of qualifications will be required, without which hiring for a position is impossible for objective reasons.

Article 68 of the Labor Code of the Russian Federation. Application for employment (current version)

1. The written form of an employment contract does not exclude the need to issue an order (instruction) on hiring. Such an order (instruction) is issued solely by the head of the organization on the basis and in accordance with the employment contract. It must indicate: last name, first name, patronymic of the employee; name of profession, specialty or position; rank, class or qualification in accordance with which the employee will perform labor duties, as well as the start date of work. The order also indicates the amount (conditions) of remuneration or official salary.

In cases where, when concluding an employment contract, the parties specifically stipulate a specific structural unit into which the employee is hired, or a specific mechanism or unit (workplace) in which he will work, this structural unit or specific workplace is indicated in the employment order place. If the employment contract provides for a probationary period, the probationary period must also be indicated in the order.

The manager does not have the right to include in the hiring order working conditions that do not correspond to those provided for in the employment contract, for example, to set the employee a lower salary compared to that specified in the employment contract.

2. In accordance with Part 2 of the commented article, the employer is obliged to familiarize the employee with the order (instruction) on hiring within three days from the date of actual start of work. The order (instruction) is announced to the employee against signature.

3. Since working conditions are determined in an organization not only by an employment contract, but also by local regulations, the law imposes on the employer the obligation, when hiring, to familiarize the employee, against signature, with the internal labor regulations in force in the organization and other local regulations related to the employee’s labor function (in particular, with the job description, if it regulates activities related to the employee’s labor function). If the organization has concluded a collective agreement, the employer must familiarize the employee with its terms.

In accordance with Part 3 of the commented article, the employer is obliged to familiarize the employee with these acts before signing the employment contract.

This allows the employee to orient himself in advance, even before signing an employment contract, in the environment and working conditions in the organization in which he is joining.

Comment source:

Rep. ed. Yu.P. Orlovsky “COMMENTARY ON THE LABOR CODE OF THE RUSSIAN FEDERATION”, 6th edition ACTUALIZATION

ORLOVSKY Y.P., CHIKANOVA L.A., NURTDINOVA A.F., KORSHUNOVA T.YU., SEREGINA L.V., GAVRILINA A.K., BOCHARNIKOVA M.A., VINOGRADOVA Z.D., 2014

Commentary on Article 68 of the Labor Code of the Russian Federation

Hiring is formalized by order (instruction) of the employer, which must accurately reflect the content of the concluded employment contract. An order (instruction) is a unilateral act certifying the fact of concluding an employment contract - a bilateral agreement. Only if there is a concluded employment contract is it possible to issue an order (instruction) from the employer, since the content of this enforcement act is determined on the basis of the employment contract and must comply with its provisions. Thus, the order (instruction) on hiring must indicate information about the employee: his last name, first name, patronymic; name of the structural unit to which the employee was hired; name of the position in accordance with the staffing table, profession, specialty indicating qualifications (rank, class, category); date of start of work, amount of remuneration (tariff rate) and other conditions of remuneration (allowances, bonuses), availability and duration of the probationary period, as well as other necessary information. Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 approved the forms of the Order (instruction) on employment (forms N T-1 and N T-1a).

An important legal guarantee when hiring is a categorical requirement that an order (instruction) be announced to the employee against signature within three days from the date of actual start of work. Such familiarization with the order, firstly, once again confirms the existence of mandatory and additional terms of the employment contract, and secondly, in the event of a unilateral change by the employer of previously agreed conditions or the introduction of conditions that were not the subject of agreement between the parties, the employee has the right to appeal against unlawful employer's actions to court.

The employee has the right to demand from the employer a duly certified copy of the order (instruction) on hiring (see Article 62 of the Labor Code and commentary thereto).

The commented norm obliges the employer, in the process of concluding an employment contract (or preliminary negotiations on the terms of the employment contract), but before signing it, to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement.

Contents of Art. 68 TK

At the beginning it is indicated that the candidate’s employment is formalized by the employer in a documentary manner, by issuing an order/instruction. This document is formed on the basis of an employment contract previously concluded with this candidate. It is separately emphasized that the parameters of the order/instruction must correspond to the parameters of this agreement.

It is further stated that the employer’s order/instruction on employment is announced to the employee against signature no later than three days from the date of his return to work. It is specifically stipulated that, at the employee’s request, the employer must hand over to him a duly certified copy of this order/instruction.

The final paragraph emphasizes that when employing a candidate (but even before the start of the employment contract), the employer is obliged to give him the opportunity to familiarize himself with the following acts:

• internal regulations;
• local regulations related to the employee’s activities;
• collective agreement.

Moreover, this acquaintance is certified by the employee by signing it.

So, the article reviewed describes in detail the set of actions an employer must take when hiring a new employee.

Another commentary on Article 68 of the Labor Code of the Russian Federation

Hiring is formalized by order (instruction) of the employer, which must accurately reflect the content of the concluded employment contract. An order (instruction) is a unilateral act certifying the fact of concluding an employment contract - a bilateral agreement. Only if there is a concluded employment contract is it possible to issue an order (instruction) from the employer, since the content of this enforcement act is determined on the basis of the employment contract and must comply with its provisions. Thus, the order (instruction) on hiring must indicate information about the employee: his last name, first name, patronymic; name of the structural unit to which the employee was hired; name of the position in accordance with the staffing table, profession, specialty indicating qualifications (rank, class, category); date of start of work, amount of remuneration (tariff rate) and other conditions of remuneration (allowances, bonuses), availability and duration of the probationary period, as well as other necessary information. Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 approved the forms of the Order (instruction) on employment (forms N T-1 and N T-1a).

An important legal guarantee when hiring is a categorical requirement that an order (instruction) be announced to the employee against signature within three days from the date of actual start of work. Such familiarization with the order, firstly, once again confirms the existence of mandatory and additional terms of the employment contract, and secondly, in the event of a unilateral change by the employer of previously agreed conditions or the introduction of conditions that were not the subject of agreement between the parties, the employee has the right to appeal against unlawful employer's actions to court.

The employee has the right to demand from the employer a duly certified copy of the order (instruction) on hiring (see Article 62 of the Labor Code and commentary thereto).

The commented norm obliges the employer, in the process of concluding an employment contract (or preliminary negotiations on the terms of the employment contract), but before signing it, to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement.