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

Standard list of documents

What documents are needed to draw up an employment contract?

Documents presented when concluding an employment contract:

Identity document. This can be a passport or a document replacing it (foreign passport, military ID, etc.) .
Work book. It contains all the information about the official professional activities of the employee throughout his life. The work book is not presented by persons who take part-time jobs and do not want to record information about the second job. For these citizens, the document is stored in the personnel department at the main place of employment .
SNILS (pension insurance certificate). SNILS is a plastic green card on which the citizen’s individual personal account number is indicated. The number indicated on the document is unique and remains throughout the citizen's life . If the card is damaged or lost, it is replaced, the number remains unchanged.
Military ID. It is presented by citizens liable for military service who are registered with the military commissariat and are subject to conscription.
Confirmation of education. A document confirming the availability of education can be a school completion certificate, a diploma from a secondary vocational or higher educational institution . When applying for a position that requires specific knowledge and skills, documentary evidence of completion of relevant courses, trainings, certifications, retraining, etc. is presented.
Certificate of absence or presence of a criminal record. A number of institutions do not allow hiring persons who have a criminal record or an open criminal case. When applying for employment in such organizations, a citizen must submit a certificate of no criminal record, or a certificate confirming the rehabilitation of previously opened proceedings against the citizen.

IMPORTANT! Copies are made of all documents. The employer only has the original work record book, which will be kept in the organization.

Documents required when applying for a job according to the Labor Code of the Russian Federation

Labor Code of the Russian Federation in Art. 65 provides a list of documents that are required to be presented by a person applying for an official job. These include the following papers.

Identity document of the applicant. Usually this is a passport. The law allows for the provision of other documents that satisfy the same purpose, but does not disclose which ones. In practice, documents containing a photograph of the owner and basic information about him can serve as such identification:
birth certificate - if for some reason a child under 14 years of age is employed;
military ID - for military personnel, starting with the rank of warrant officer or midshipman;
refugee certificate - for people who have lost their documents as a result of social disasters, who received an immigrant document by applying for refugee recognition;
certificate of release from prison - if an employee released after a prison term is employed;
certificate that the bearer has been granted temporary asylum in Russia;
driver's license - in some cases can replace a passport.

IMPORTANT! Of the entire list of documents specified in Article 65 of the Labor Code of the Russian Federation, only this one is absolutely necessary when applying for a job. Its absence is an absolute reason for refusal of employment. All other documents may be required under certain circumstances, and sometimes you can do without them.

A military registration document will be required if the applicant is liable for military service or is subject to conscription into the Armed Forces. For those who have completed military service and are in the reserves, this is a military ID or a certificate issued in exchange for it. Future conscripts present a certificate stating that they will be conscripted for military service. If the applicant cannot provide such a document, he should not be denied employment for this reason. The personnel officer has the right to make an appropriate note in the personal file and inform the military registration and enlistment office about the employed potential conscript.
Document confirming completed training (diploma, certificate, certificate of advanced training, they may also ask for an insert sheet with grades). It is needed to confirm the qualifications and professional level of the future employee when the job requires special training.
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
FOR YOUR INFORMATION! To confirm the level specified in the documents provided, the employer has the right to assign the employee a probationary period or additional certification and make an employment decision based on the results.
Employment history . Needed if a person changes jobs. You may not have a work book on hand if: this is the citizen’s first official employment;
a person gets a part-time job;
the work book is lost or damaged.

SOOPS card – a certificate containing the SNILS number, if the person is registered in the pension insurance system. In some cases it will not be possible to provide it:

SNILS has not been issued before (the person has not officially worked anywhere);

the card is lost;

Personal data (last name) has changed since the card was issued.

This is important to know: Judicial practice: fixed-term employment contract

IMPORTANT! The legislation of the Russian Federation prohibits requiring any additional documents from a person applying for a job.

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.

Primary employment

If a citizen officially gets a job for the first time, he may not have the following documents :

2-NDFL. The lack of official income to date eliminates the need to provide this certificate.
Employment history. When initially applying for a job, a work book for a citizen is created by the organization’s personnel employees.
SNILS. If a citizen does not have a document, the employer is obliged to issue him a SNILS upon hiring.

Registration of SNILS

By law, an insurance certificate is a mandatory document for every citizen and must initially be issued by the child’s parents immediately after his birth. In practice, citizens who have reached working age often do not have SNILS. In this case, the employer is obliged to issue SNILS to the employee.

But not all employers agree to hire a person who does not have SNILS and issue the document to an existing employee with whom an employment contract has been concluded. There is often a situation in which signing an employment contract with an employee and hiring him for a position is impossible without providing information about the SNILS number.

In this case, the easiest way is to independently obtain a SNILS for subsequent presentation at the place of employment.

You can issue SNILS in two ways:

At the Pension Fund branch. The document does not contain information about registration , so it is not necessary to apply at the place of permanent registration. ATTENTION! You can apply for SNILS at any branch of the Pension Fund across the country .
At the MFC. Multifunctional centers provide services for registration and issuance of SNILS. You can contact any MFC at your place of residence.

To apply for SNILS, it is enough to provide a passport and an application .

So, when concluding an employment contract, the employee must present a standard list of necessary documents established by law. In special cases, additional information may be required.

After registering all the citizen’s data, a bilateral document is signed and an entry about admission is made in the work book.

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.