Employment (hiring) in the Russian Federation according to the Labor Code

Author of the article: Sudakov A.P.

The natural desire of any job seeker is official employment, taking into account all the requirements of labor legislation. In such a situation, he can count on receiving a social package and accounting for work experience.

Employment must be registered in accordance with the Labor Code of the Russian Federation

To control the correctness of the procedure, it is necessary to have knowledge of the rights and obligations of the parties to labor cooperation. The law defines the procedure, the nuances of its execution and provides a list of required papers. Having knowledge of the provisions of legal acts, a person understands the boundaries of his rights and therefore it is easier for him to protect his interests. So, employment according to the Labor Code of the Russian Federation, what is it?

The order of acceptance to work

Employment of a citizen of any status is carried out in accordance with the written order of the head of the business entity.

The document is issued within three days from the date of commencement of work. The basis for its preparation is a person’s application with a request to be hired. The order displays full information about the nature of the labor relationship. It indicates the date from which the person got a job, his profession or position, working hours and salary. The order confirms the fact that the person is employed. Its text part must be drawn up in accordance with the Labor Code of the Russian Federation and synchronized with the provisions of the employment contract. The presence of contradictions is a legal violation.

Categories of workers for whom the reduced working hours regime is applicable

The employee must familiarize himself with the order, which is certified by the employer and the company’s seal, if this is provided for by the internal regulations on office work. A copy of the document is provided to the employee, who must put his signature on the original, indicating the transfer of the paper.

Types of work

Employment according to the Labor Code of the Russian Federation can have several types. You can work in one place and this will be the main type, you can hold two or more work positions - part-time. Either get a temporary job or become a volunteer.

Types of employment and nuances:

1. Main job. This is the best way to get a place. The citizen is protected by labor legislation. When concluding an agreement with an employer, the social and legal rights of the employee are regulated by the signed document. Upon dismissal, social benefits are guaranteed. Also, the employer makes contributions to the pension fund during the entire period of the employee’s work, which means the pension is guaranteed. Banks react positively to loan applications from a citizen with official employment and main place of work. Often, companies interested in a high-quality workforce send workers for advanced training.
2. Contract. When getting a job, a citizen must understand that there will be no deductions for social events. The amount received in person is specified in the contract and is significantly higher than that of those employed at their main place. It is worth noting that the obligation to pay taxes falls on the contract employee.
3. Underemployment. You shouldn't expect a big salary in this position. As a rule, this type of device is used for mothers with small children and students in higher or technical educational institutions. It is possible to transfer from the main place to part-time employment for medical reasons.
4. Volunteers. There are no wages or entries in the work book. However, for a citizen, participating in a volunteer program is a great way to meet the right people and gain invaluable experience. This fact is welcomed when applying to the company.

There are other types of work: remote, free visiting. In these cases, you often require a computer or laptop and Internet access.

Signing an employment contract

The next stage of formalizing the relationship is drawing up and signing an employment contract. The document is an agreement between the participants in labor cooperation, called the employer and the employee. It reflects the rights and obligations of the parties.

The head of a business entity is obliged to carry out registration in accordance with the Labor Code of the Russian Federation, provide the employee with work, create conditions for him under which it is possible to carry out the work and pay him for his work. The employee is obliged to carry out the employer’s tasks within the framework of the job description, as well as to comply with discipline and internal regulations established by the director.

Is it possible to refuse a cooperation agreement?

Factors that do not affect the employee’s professionalism and performance of labor functions cannot be the reason for refusal to hire. Their categories include gender, race, place of residence, social and financial status.

Refusal to draw up an employment contract is a reason to restore your rights in court.

The head of a business entity cannot refuse to hire applicants who are expecting an addition to their family or who have young children. He is obliged to accept them upon transfer from other employers when they apply for employment.

Other documents for employment

Confidence brings good results

If the company’s production activities have special specifics, then the applicant for a particular position may be required to provide documents that are not listed in the list above. In any case, all necessary documents must be specified in the current legislation.

Article 65 of the Labor Code regulates the list of documents that are provided during employment. If the document that the head of the organization wants to receive from you is not on the list, then the employer’s actions are illegal.

Registration according to the Labor Code of the Russian Federation - how is it?

The employer is given three days to draw up an employment contract, which begins to be calculated from the first day the employee fulfills his job obligations. The document is drawn up in two copies, intended for transmission to each party to the cooperation.

If a person is brought to work for the purpose of performing a specific production task, then a civil contract is concluded with him. In this perspective of the relationship, the employer is not obliged to include him in the staff, make mandatory payments for him and provide benefits under the social package. Its obligations are determined strictly by the provisions of the contract. This type of document should not contain interpretations from the employment contract, since in a controversial situation caused by the employee’s claims, the court will reclassify the type of documentation and oblige the employer to provide the person with preferential benefits that are relevant for officially employed full-time employees.

Process of applying for an employee to work

Many entrepreneurs mistakenly think that for peace of mind and to avoid fines, they only need to pay taxes. Of course, there is some truth in this, but for a restful sleep you need to comply not only with tax legislation, but also with the norms of the Labor Code of the Russian Federation. To better understand the procedure for registering an employee for a job, we have provided a simple algorithm of actions. By following it, you will avoid administrative or criminal liability for incorrect registration of employees.

• The first step is to write a job application..
  After the preparatory activities have been carried out (search for a candidate, interviews, selection), your future employee must write an application. The application form is not approved by current legislation, so it can be written in free form by hand. But if you don’t know how to compose it correctly, you can print it from the Internet, which will make your task a little easier. Let's give an example of the contents of the statement.

  IP Yudina Veronica Pavlovna from Vasechkin Sergei Ivanovich

  statement.

  I ask you to hire me in the accounting department for the position of chief accountant.

  Date, signature.

  Having accepted the job application, the head of the company must leave his consent (or disagreement) on it and endorse the document. This can also be done by department heads or persons authorized to hire employees.

• Second step – medical examination.
  Some professions require you to undergo a medical examination before starting work duties. In order to study this issue in more detail, you need to look at the Labor Code of the Russian Federation. The norm that is worth paying attention to is Art. 213 of the Labor Code of the Russian Federation. The employer must oblige employees of those professions on which, for example, the life and health of people, food industry workers, drivers, etc., to undergo a medical examination.

  In addition to a medical examination, some professions require you to obtain a medical certificate. These are mainly people who work with food. If not all adult applicants undergo a medical examination, then for those who have not yet turned 18, this requirement is mandatory, regardless of the type of activity.

  . How to register a foreigner:

  After it has been determined that the employee needs a medical examination certificate, the organization must give him a form (direction) indicating the responsibilities and some of the nuances of future work. The applicant chooses the location of the medical examination independently. The referral must be registered in a special journal. It can be compiled in any form, but there are still some requirements for it (order of the Ministry of Social Development No. 302n):

• full name of the employer;

type of ownership;

• activity codes (OKVED);
• name of the medical institution, information about its registration;
• type of medical examination;
• Full name of the employee and his position;
• harmful factors in the workplace.

With a completed referral, the employee first goes to the therapist, who decides which doctors need to be seen. When the form has the signatures of all doctors, the employee will be issued a medical certificate, which will contain a conclusion on suitability.

Note. In order to determine which employees need to undergo a medical examination, you need to invite a specialized organization to assess working conditions. Specialists from such companies examine workplaces and determine the specifics of the work. Their conclusion serves as the basis for issuing referrals to employees for a medical examination.

Top 3 articles that will be useful to every manager:

• How to choose a tax system to save on payments
• How to minimize taxes and not interest the tax authorities
• How to create an electronic signature quickly and easily

Another point that must be included in the contract is the work schedule. Here it is important to indicate at what time the working day should begin, how many days a week the employee will work and at what time to rest. The text of this clause of the contract will be something like this: “A five-day, 40-hour work week is established for the employee (Monday–Friday). One working day – 8 hours, from 8:00 to 17:00. Lunch break – from 12:00 to 13:00.”

In some cases, the work schedule and responsibilities are specified not in the contract, but in the job description. This means that the employee must be familiarized with it before he begins his duties, and his signature must be required. It often happens that an employee learns about a job description after signing an employment contract. If you do not follow the procedure for familiarizing yourself with responsibilities, various unpleasant situations for the employer may occur.

For example, there was such a case in practice. The person was hired by the company, he performed his duties for one day, and then they could not find him for a week. After that, he went to work and acted as if nothing had happened. The employer, naturally, wanted to fire him for absenteeism.

So what happened next, you ask? Everyone was surprised by the employee's cunning. He filed a lawsuit against the employer, demanding that he be reinstated to the same position. In the statement, he said that he did not know on what days he needed to perform his job duties. And you can’t argue with that. The court conducted an investigation and found out that there was not a single document signed by this employee informing him of his working hours. Accordingly, it became impossible to fire him for absenteeism. The story ended with the sly man being restored.

It happens that an employee needs to be hired not on a permanent basis, but on a one-time basis. For example, you want to expand and rented another office for work. But it needs a little repair. Here you will need a painter, plasterer, plumber, electrician, etc. To use their services, you need to properly formalize the relationship. A civil law contract, namely a contract agreement, is suitable here.

Nuances

Almost all documentation when applying for a job is drawn up according to pre-prepared templates. For this reason, applicants do not have the opportunity to make their proposals. The unspoken lack of rights among citizens is due to high unemployment rates, which does not allow potential employees to offer their terms of cooperation.

The difference between an employment contract and a civil contract

Exceptions to the general rules include applicants for specialties classified as in demand, complex and in short supply. Occupations such as sales managers, millers, grinders, welders and complex machine operators are characterized by many job offers and a lack of qualified candidates. For this reason, a good specialist can demand adjustments to the terms of cooperation without the risk of refusal to work.

Measures of social and legal protection of unemployed citizens

In accordance with the Employment Law, the state guarantees the unemployed:

• payment of unemployment benefits, including during the period of temporary incapacity for work of the unemployed;
• payment of stipends during the period of professional training, advanced training, retraining as directed by the employment service;
• reimbursement of costs in connection with voluntary relocation to another area for employment at the suggestion of the employment service;
• the opportunity to participate in paid public works.

According to the Regulations on the organization of public works, approved. According to the Decree of the Government of the Russian Federation of July 14, 1997 (as amended and supplemented), public works are understood as publicly accessible labor activities that have a socially useful orientation and are organized as additional social support for citizens looking for work.

Public works does not include activities related to the need to urgently eliminate the consequences of accidents, natural disasters, catastrophes and other emergencies and requiring special training of workers, as well as their qualified and responsible actions in the shortest possible time.

Public works are organized by executive authorities of the constituent entities of the Russian Federation, local governments at the proposal and with the participation of territorial bodies for employment issues. Public works can be organized to perform auxiliary, auxiliary and other unskilled work in the following areas: construction and repair of roads, laying water supply and other communications, carrying out work in agriculture, procurement and processing of agricultural products, landscaping and landscaping, care for the elderly and sick, population census, etc.

A fixed-term employment contract is concluded with persons wishing to participate in public works. A referral to participate in public works in a relevant organization issued to a citizen is the basis for his employment. Citizens' participation in public works is permitted only with their consent. When sending people to public works, the health status, age, professional and other individual characteristics of citizens are taken into account. A fixed-term employment contract for participation in public works can be terminated early when applying for a permanent or temporary job. Remuneration is made in accordance with the legislation of the Russian Federation.

Public work is considered suitable for the following categories of citizens: first-time job seekers who do not have a profession; registered with the employment service for more than 18 months, as well as unemployed for more than 3 years; dismissed for violation of discipline; previously engaged in entrepreneurial activity; those seeking to resume work after a long (more than a year) break (clause 15 of the Regulations).

During the period of participation of unemployed citizens in public works, they retain the right to receive unemployment benefits, except for the citizens specified in clause 15 of the Regulations.

Citizens employed in public works are subject to the legislation of the Russian Federation on labor and social insurance.

An important guarantee of social support for unemployed citizens is the provision that the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another location for employment are counted in the insurance period. This provision is enshrined in Art. 11 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”. In accordance with paragraph 2 of Art. 28 of the Law on Employment, the time during which a citizen receives unemployment benefits, a scholarship, takes part in paid public works, a period of temporary disability, maternity leave, does not interrupt his or her work experience.

At the proposal of the employment service authorities, in the absence of employment opportunities, unemployed citizens from among those laid off due to the liquidation of an organization or reduction in staff (men under 60 years of age, and women under 55 years of age, with insurance experience of at least 25 and 20 years accordingly), with their consent, a pension may be assigned before the age entitling them to an old-age labor pension, but not earlier than two years before the corresponding age. The mentioned conditions for early retirement are established by Art. 32 of the Law on Employment.

Labor legislation guarantees legal protection against unjustified dismissal, and also provides guarantees and compensation to employees dismissed due to the liquidation of an organization or reduction in staff. Thus, if the dismissal is declared illegal, the employee must be reinstated at his previous job by the body considering the labor dispute (Article 394 of the Labor Code of the Russian Federation). In accordance with Art. 178 of the Labor Code of the Russian Federation, employees dismissed due to the liquidation of an organization or a reduction in staff are paid severance pay in the amount of average monthly earnings, and they also retain their average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay) . In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it. Article 180 of the Labor Code of the Russian Federation establishes a rule according to which the employer is obliged to personally warn employees about the upcoming dismissal in connection with the liquidation of the organization or reduction in the number or staff of employees, against signature, at least two months before the dismissal. With the written consent of the employee, the employer has the right to terminate the employment contract without notice of dismissal two months in advance, but in this case is obliged to pay additional compensation in the amount of two months' average earnings.

Unemployed citizens who have lost the right to benefits due to the expiration of the payment period can be provided with financial assistance by employment service bodies and executive authorities of constituent entities of the Russian Federation, local government bodies (Article 36 of the Employment Law).

Employment history

The work book is issued on the fifth day of work of the employee. It contains information about the dates of admission and dismissal of a person and about the orders on the basis of which these events are carried out. The document contains information about the name of the position, career growth, awards and the name of the enterprise where the employee operates.

To whom is it issued?

A work book is issued to employees over 16 years of age. For citizens under this age, it cannot be opened. It is worth noting that people over 14 years of age can only be employed. To do this, you must obtain permission from the child's parents. He can only be engaged to perform light work that will not cause harm to health.

Features of employment of minors

Education is not the last point...

Persons over 14 years of age can also be employed. This happens infrequently; usually employers only hire those who are already 16 years old. More often, children aged 14–16 years work in labor teams at schools during the holidays, where they are assigned to the position of auxiliary worker.

When applying for a job, children and their parents need to add the following documents to the main list:

• Parents' consent for their child to work (if there are no parents, the consent is drawn up by the persons replacing them).
• Consent of guardianship and trusteeship authorities.
• Medical certificate confirming the passed medical examination and received permission;
• For persons who have completed 9 grades, it is necessary to provide a document on incomplete secondary education;
• A certificate from the educational institution confirming the class schedule so that the work schedule does not interfere with classes at the educational institution

Probation

The order of acceptance to work

The employer has the right to set a probationary period for the applicant. In such a situation, a person will be employed on a permanent basis only after a professional suitability check has been carried out. Despite the lack of signs of permanence in this type of relationship between the parties, the execution of an employment contract is mandatory. It must stipulate that a probationary period is applied to the employee, indicate its duration, procedure and conditions under which the applicant will be accepted for permanent work.

Throughout the probationary period, the employee must carry out professional activities within the framework of standard job duties.

In the process of their implementation, he is subject to internal regulatory documentation and labor regulations at the enterprise. The employee’s work during this period must be paid in accordance with pre-agreed rates.

Part-time work

The law does not prohibit hiring a part-time employee. At the same time, the employee himself can formalize labor relations with an unlimited number of employers, as long as this is permitted by law and the working day at a particular enterprise does not exceed 4 hours.

There are two types of combination of positions:

• external – an employee of another company;
• internal - an employee of the enterprise where the main workplace is provided.

In order to be hired, a part-time worker writes an application and indicates that this position is not the main one. An employment contract is concluded, which sets out the specifics of the duties performed. The HR department creates an order confirming the hiring of the employee.

The work record remains at the main place of work. Data on the combination is entered into the book by the personnel department of the main company at the request of the citizen.

Documentation according to the Labor Code of the Russian Federation: what does it mean?

All information about the employee’s work activity is displayed in his work book. For official registration, the applicant must present to the HR department a set of documentation, the list of which is regulated in labor legislation. It includes documents confirming:

• personality;
• previous episodes of employment;
• registration with authorized bodies;
• military status;
• education;
• professionalism.

Features of employment of CIS citizens

Before looking for a place of work, you must obtain a permit, which is obtained from the Federal Migration Service. In order for this document to be issued there without delay, when going to the FMS to write an application, you need to prepare the following documentation:

• identification document;
• receipt of payment of state duty;
• migration card

If a person plans to work in the country at the invitation of a specific enterprise, then a representative of this organization, even before the person’s arrival, can submit an application for the person who will come from abroad. The main thing is that permission is obtained within 10 days after arrival in the Russian Federation.