Registering an employee for work: step-by-step instructions

What is registration according to the Labor Code of the Russian Federation

Today, the Labor Code of the Russian Federation establishes a clear sequence of actions that the parties must perform in order for the labor relationship to be officially recorded. The basic principles of labor law are also recorded. It is worth highlighting the following basic points:

• registration of labor relations is carried out voluntarily. No one has the right to force a citizen to do work that he does not like;
• forced labor is prohibited. Any discrimination in the field of labor relations is also prohibited;
• the state helps citizens find employment and takes measures to eliminate unemployment;
• each work must be paid in an amount no less than that established at the state level;
• The relationship between the employer and the citizen being hired must be contractual. Stons initially clearly know the boundaries of their rights and powers, the violation of which may result in legal liability.

Based on the listed principles, the beginning of the employment procedure provides for a certain sequence of actions included in the Labor Code of the Russian Federation. This included:

1. Writing an application for employment.
2. Issuance of an order to enroll the company's employees.
3. Signing of an employment contract by the parties.
4. Familiarization of the new employee with job and work instructions, legislation, regulations, regulating issues in the field of activity of a particular employee.

Remember, registration under the Labor Code of the Russian Federation is a clear fixation of the relationship between the administration and the citizen regarding the performance of a specific type of work in accordance with the current rules of labor legislation.

Decor

In preschool educational institutions and other organizations, the process of developing Regulations should be collegial in nature. This suggests that the head of the company alone cannot develop a document and apply it. In addition, it should be borne in mind that the act must be approved by the trade union. Such authority issues written permission for use.

The Regulations are signed by the head of the company, as well as by persons who have a professional interest in this. These are employees of the human resources department, legal departments, and persons managing departments that are part of the company. For approval, it is necessary to issue an appropriate order within the company, or to impose a stamp. After approval of the Regulations, it is necessary to familiarize existing employees with it.

Hiring procedure

Registration of employment is carried out in several stages. They can be grouped into separate blocks:

1. Preparation of documents . The legislator has outlined an exhaustive list of documents required for employment. This included a passport, identification code, military ID, insurance certificate, work book, education document (if the position requires certain qualifications), medical certificates of health (also when the position provides for certain criteria for the health of the applicant).
2. Introductory stage . Usually carried out in the form of an interview with the employer (his representative). The purpose of communication is to familiarize the future employee with working conditions, payment, and social guarantees. His duties, rights, responsibilities. At this stage, the citizen decides for himself whether he agrees to such working conditions.
3. Employment registration stage . In this case, an application for employment is written, an order for hiring is prepared and signed by the employer, and the parties sign an agreement. The employee is officially introduced to the labor regulations, collective agreement, job and work instructions.
4. Registration of the employee by the personnel and accounting department . Occurs without the participation of the employee. At this stage, a personal file is opened, an account is opened in the accounting department, a bank card is issued, and the workplace is prepared to be able to fully perform the functions assigned to it.

Remember, if you have a full package of necessary documents, the employment procedure takes no more than one working day. This day is considered a working day and is paid in full.

Answers to frequently asked questions

Your employment depends on your answers. You need to prepare carefully for how to answer questions. It is advisable to make a list of what to say and what not to say.

Where do you see yourself in the company in 5 years?

According to statistics, people work for 4.5 years in one place, then choose a more promising one. But even this strange question has an example answer. Find out on the Internet what positions are available at the company. According to the formula “I plan to study (area). I want to start with (current position) to gain experience and knowledge. I see myself in the future (high-paying position).”

What was the reason for leaving your previous job?

This tricky question can cause you to fail at an interview. Smile, look sad and say one of the appropriate answers:

1. Responsibilities differed from those listed in the job description. We tried, but at one point we realized that the work was not beneficial either to me or to the bosses. This experience helped me define my goals and improve my communication skills.
2. I want to work where there are clearly defined goals that will bring real benefits to the business. The previous location did not match this characteristic feature.
3. I plan to work in a team where everyone works towards a common goal. Alas, before I got the job, I did not know about the internal conflicts that prevented me from fulfilling my responsibilities. I did my best to improve the situation. Everyone admired my tact and organizational skills. I left because I want to spend all my energy on productive collaboration, and not on smoothing out conflicts.
4. I had outgrown the position and salary that the company could offer me. The tasks have become simple, and I want to develop further as a specialist.

You can also refer to moving, finding a suitable schedule.

Why should they choose you?

There is no need for modesty here. Every word should be balanced and speak about your real advantages.

Any manager wants to find an employee who will cope with the problem and improve the company's performance. You need to find out what difficulties arose and propose a solution. What to do:

1. Read the job description. Write down the requirements for the applicant on a piece of paper. Look at advertisements from other companies. Complete the list.
2. Read the news about the place where you want to work. Look for information on the official website. Find out what position the company occupies in the market. Is business going well? If they sell something or provide services, try yourself as a secret client. Notice what can be improved.
3. Write a short proposal for the manager. Mention professional qualities and knowledge that will correct mistakes and improve the company's work.

The one who already goes to the interview with a ready-made proposal always wins. He is better than candidates who say “Because I am better” or “I have more experience.” People like specifics.

Why do you want to work with us?

This is a trap question. It’s better not to talk about your benefits: convenient schedule, close location, if you want to successfully pass the interview. Study the history, principles of the organization where you are going to get a job.

Some creative answers that will impress an employer:

1. I have been using your product/service for a long time. I like him because (continue).
2. Among my friends there are people who worked for you. I subscribed to your group on social networks. We think in the same direction. I am sure I will be able to become part of a close-knit team.
3. I want to develop in the direction of (your field) and achieve better results with the help of corporate training in your company.

Don't try to give a general and short answer.

What will you do if your boss is wrong and it could harm the company?

“I won’t argue with the employer because I’m afraid of being fired” is the worst answer. In addition, an additional question usually follows: “What will you do if you seem unconvincing?”

Best answer. When I first started working (specialty), I realized that I needed to defend my point of view, adding facts and figures, if it would save the company.

Why did it take so long to find a job?

It is a mistake to say that previous proposals were unworthy of you. Employers avoid overly self-confident, ambitious candidates. It’s also worth keeping silent about refusals.

Appropriate answer. I didn’t want to waste my time on a temporary part-time job. While I was in search, I improved my skills with the help of professional literature, online lessons, and courses.

What are the best qualities you have?

Don't overdo it. Focus on 3 – 5 personal traits that are needed for work and will set you apart from your competitors.

Examples of answers that are suitable for an interview:

1. Responsibility. I take on an assignment when I receive it. I don't like doing everything at the last minute. I submit the work in advance. A year and a half ago, I received a bonus for exceeding the plan.
2. Versatility. I have been working in the trade industry for 8 years. Sales increased 5% monthly at the previous company. This is because I know psychology well and study all the new marketing innovations.
3. Sociability. I know how to find a common language with customers, colleagues, and managers. I organized holidays and did team building. The bosses were pleased with how united and energetic the team had become thanks to me.

Don't be modest. Talk about real achievements in numbers and facts.

What salary are you expecting?

Trick question. Voice a small amount, and you will be considered a person with low career expectations. Asking for a salary increase will be problematic.

If you bid several times more than they can offer, they will think that they won’t accept you. After all, there are candidates with less demands.

Solution. Look at vacancies from different companies. Add 10% to the average salary.

What mistakes did you make in your previous job?

Talk about small mistakes. Mention how you corrected it and what you learned from it.

Example. I put the wrong tablet in the box with my order. An outraged client called and demanded compensation. I managed to resolve the situation not only without loss, but also received positive feedback.

What documents are required

At the time of employment, the employer has the right to require a clearly defined list of documents from the future employee. Let's look at what documents are included in this list and under what circumstances does the employer have the right to demand this:

1. Passport. Provided in all cases. It is a basic identification document.
2. TIN. Served along with your passport. Necessary for the correct calculation of taxes for a specific individual.
3. Employment history. Attached to the documents if available. If it’s missing, the company will start a new one after employment. The document is not required to be presented.
4. Military ID (registration certificate). Applies to male persons liable for military service (they may also be required for some female positions. For example, for certain categories of doctors).
5. Insurance pension certificate. Required for people who have previously worked. If such a document does not exist, it must be created on site. At the same time, the citizen himself must be interested in this document, because the size of the pension will depend on pension contributions in the future.
6. Certificate of no criminal record. It may only be required if the future work is related to finance or the need to keep some state or commercial secrets.
7. Certificate of passing a medical commission. It is required only if the future work is related to the need to be in a certain physical form (vision, hearing, speech, reaction, the ability to work in certain conditions).

Remember, the employer is prohibited from requiring any additional documents not provided for by law. Especially if this concerns the personal life of a citizen, his party preferences, beliefs, skin color, gender and others.

For foreigners

To employ foreign citizens, it is necessary to establish the status that he has while in the state. If a person has a temporary residence permit, then he will be able to get a job only in the region where he lives. If you have a residence permit, you can choose any region of the country. The standard document includes the following items:

• information about the rights that a foreigner has for employment;
• procedure for implementing the procedure;
• employers' liability;
• final provisions.

Taking into account the direction of the organization’s activities, as well as the discretion of the manager, the structure of the document can be supplemented.

Signing an employment contract

At every enterprise, regardless of the type of ownership, an agreement is concluded between the employee and his employer. The absence of such a document is fraught with penalties against the employer. Therefore, the administration is directly interested in the timely preparation of such documents. Moreover, in most cases, there are already templates for such contracts for each position in order to speed up the employment procedure.

This document contains information:

• list of worker responsibilities;
• the place of work, work and rest schedule, and basic conditions of remuneration are specified;
• liability of the parties for failure to comply with the terms of this agreement;
• separate norms (in a condensed form) of local documents regulating labor duties, social protection, guarantees, compensation, and other important points for the employee.

An employment contract is signed by the employer and employee. Labor legislation does not provide for other signatories or approvals.

What is an interview and how is it conducted?

An interview is a negotiation between the applicant and the employer. Based on the results, it is decided whether it is worth working together or not.

Depending on the position, the types of interviews differ. Multi-level is usually carried out when a highly qualified specialist with a good salary is required. First, you talk with an employee - a personnel officer or recruiter. If you like it, you will be invited to a meeting with the head of the department, and then with the general director.

One-level is typical for any job, be it a salesperson in a supermarket or a nanny. At the appointed time you come and talk with the employer. He asks questions, looks through documents. The decision is made quickly because there are fewer candidates.

During a group interview, several applicants are interviewed at once. It can also be in a format where 2–4 employees work with one candidate. You need to wait longer for results. But the meeting itself goes by quickly. At Google, a decision is made after 6 to 12 months. And forcing events can only do harm.

An individual interview is a personal meeting between the manager and the applicant. In small companies it seems like an informal conversation. The director may begin to communicate in a friendly manner and ask tricky questions to test you.

Which of these interviews have you had? Share your experience in the comments.

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.

Is it possible to find a job without experience?

Yes it is possible! But you need to understand that it will require effort, action, and entrepreneurship. The right attitude is important. The goal of the first job in a new field is not to immediately receive a high salary, but to gain experience and the opportunity to further develop as a professional.

Today, the labor market in Russia has become more flexible in matters of personnel movement. Employers are reviewing their attitudes and increasingly opening their doors to newcomers. In this article, you will learn how to solve the problem of employment if you do not have a record in your employment record or you have changed your occupation.

Probation

To check the suitability of an employee for the position to which he is appointed, the employer may establish a probationary period. This must be stated in the employment contract. The conditions and duration of the test are established. If there are no such formulations initially, then the citizen should be considered as having been accepted on a permanent basis.

The maximum probationary period for workers is three months. For economic, engineering, and management employees, the test period can be up to 6 months. If the employment contract is concluded for a period of no more than six months, the trial period should be no more than two weeks. After the end of this period, if the employee has not been dismissed, he should be considered to have passed the test.

But there are categories of citizens for whom tests are not established. This list included:

• minors (under 18 years of age);
• pregnant women, as well as mothers with children under one and a half years of age;
• persons who have passed the preliminary competition for appointment to this position;
• university graduates in the field of study;
• citizens elected to office;
• if employment is carried out by transfer;
• when the term of the employment contract is less than 2 months;
• in other cases provided for by law.

Remember, in order to dismiss an employee at the end of the probationary period, it is necessary to prove that he really did not pass the test. Otherwise, he will be able to challenge this and be reinstated in his position on an indefinite basis.

Black salary

The salary level must also be specified in the employment contract. If it is additionally regulated by local regulations (regulations on wages, bonuses), then demand that you familiarize yourself with these documents in order to meet the established indicators in the future and receive monetary compensation for them. Both the salary, the bonus, and the bonus based on performance must be reflected in the pay slip, which is usually issued by the accounting department on the day or shortly before the day the salary is paid.

The final amount after deducting income tax may be lower than the minimum wage (from 2021, the minimum wage will be 11,280 rubles per month). At the same time, the employer does not violate anything, since the law obliges to calculate the minimum wage from the entire accrued salary, and not from the actual paid one.

If the pay slip indicates one amount of the final salary, and in fact you are paid an additional allowance/bonus from the employer, which is not indicated anywhere in the documents (although it is possible to keep a separate statement), then this is precisely the “black” salary, from which the employer does not withhold income taxes for you.

You always have the opportunity to choose whether to agree to such conditions for receiving income or not, since it is no secret to anyone that this is often practiced in our country, mainly by small private firms that try to save on taxes. At the same time, you need to be aware that in this case you indirectly become an accomplice to a tax offense, and if it becomes known that you were aware of receiving a “black” salary and the amount of unpaid personal income tax reached a large amount, then there is the possibility of bringing you to criminal liability.

You also have to assume that if you are fired or there is insufficient profit, you may simply not be paid the unofficial part of your earnings. In this case, you, of course, can go to court to recover unpaid wages, although proving your case in this matter can be extremely problematic.

Features of employment of certain categories of employees

During the hiring process, not all employees are processed the same way. There are some exceptions to the general rule. They concern the following categories of hired workers:

1. Minor employee. The peculiarity of the employment of such a citizen is that he does not have the right to set a probationary period. In some cases, written parental consent is required for such a citizen to begin performing labor functions. A medical examination with conclusions about the suitability of future work is mandatory here.
2. Foreign worker. To hire such a worker, you will need to obtain special permission from the state for his employment. Issued for a specific period (usually up to 3 years). It may be further extended. Therefore, the employment contract is concluded for the same period.
3. Part-time work. Provides the opportunity to work two jobs simultaneously. In this case, the work book is kept at the main place of work. Working time at the main place of work must be at least 50% of the total working time. If a citizen works two jobs where the time does not overlap (for example, one during the day and the other during night shifts), this is not considered part-time work. It is issued (except for the work book) at both places of work.
4. Nuances of registering as a remote employee. The main nuance is that you don’t have to go to the HR department with documents. All you need to do is scan them and send them by email. In the future, you can get certified copies by regular mail. You will also receive an employment contract signed by the employer. All further correspondence and communication, including delivery of completed work, is carried out remotely via the Internet.

Remember, the legislator clearly regulated the nuances of formalizing labor relations with various categories of citizens. Therefore, before starting cooperation, it is advisable to familiarize yourself with them in advance.

Why is experience so important to employers?

Most job postings require experience in the field and/or position. Employers can be understood:

• A newcomer will have to delve into the essence longer, master skills, and integrate into the system.
• It is not always possible to provide a mentor to a new employee to help him get comfortable.

In Western practice, free internships are accepted. To get a position, newcomers work for several months, or even a year, without salary. For example, residents of Germany up to 27 years of age receive benefits (kindergeld), which allows them time to gain experience through internships.

In Russia there is no such practice yet, but there are opportunities to get a job without experience:

• It is important for students to fully complete the internships that their university offers, to find opportunities during their studies to be a volunteer, a temporary employee in the area where they plan to find further employment, and to accumulate a portfolio. Of course, it happens that the academic schedule is so busy that there is no time left for part-time work. But even in this case, it is possible to find a first job in your specialty. We'll tell you how to do this below.
• The situation is simpler for those who have work experience, but decided to change their profession to a higher paying one. They have valuable “soft skills” that may be of interest to employers. It’s even easier for those who are looking for how to get a remote job without experience - at first you can combine it with an old or non-core job. This is easy to do by taking small orders on freelance exchanges.

Disabled people

Disabled people are treated as a special category. It develops a separate Employment Regulations for them. It includes the following items:

• information regarding the act;
• the procedure and system used when assigning vacancies;
• persons with disabilities are hired according to established quotas;
• the rights and responsibilities of persons with disabilities;
• obligations and powers of the employer regarding such employees;
• conclusion.

The composition may be modified, but the main sections must be preserved.

Procedure for development and approval of the Regulations

Like any document of a local nature, the Employment Regulations are developed and approved according to a certain procedure, and must have a number of mandatory details. Therefore the document:

• Reflects the legal status of the employer, the full name of the enterprise, the date of approval and entry into force of the document;
• Contains an indication of the scope of activity of the enterprise;
• Must be agreed upon with the head of the enterprise and the trade union organization (if there is one);
• It is endorsed by a lawyer after checking it for compliance with the norms of current legislation;
• Approved by the signature of the head of the enterprise;
• Contains references to legal provisions confirming the legality of the conditions set out in the Regulations.

Unofficial employment

Working without official registration of an employee threatens the employer with quite serious problems. Current legislation provides for administrative, tax and criminal liability for illegal hiring and employment of employees.

Thus, according to the Code of Administrative Offenses of the Russian Federation, an employer can be prosecuted for violating labor laws, which in turn threatens him with a fine of 1,000 to 5,000 rubles. for individual entrepreneurs and from 30,000 to 50,000 rubles. for the organization.

The employer is brought to tax and criminal liability due to the fact that it does not properly fulfill the duties of a tax agent, namely, does not calculate and transfer to the budget the amount of taxes for its unregistered employees.

Agency labor

Agency labor is the work of employees at the order of the employer, carried out in the interests, under the management and control of persons with whom they do not have an employment relationship. Since 2021, agency work, with the exception of certain cases, is prohibited in the Russian Federation.

There are 2 types of agency work:

1. Outsourcing.
2. Outstaffing.

Outsourcing

the transfer of certain functions or tasks to a third party (organization, individual entrepreneur, individual) is recognized. Relations within the framework of outsourcing in most cases are formalized by a contract for the provision of paid services. Most often, accounting, tax and personnel records (preparation and submission of declarations, reporting, etc.), and legal support are outsourced. Since outsourcing does not involve the transfer of the contractor’s employees to the customer, this form of agency labor is permitted and can be used by the employer to reduce the cost of maintaining staff.

Outstaffing

represents the transfer of employees from the contractor to the customer. Employees who are on the contractor's staff carry out their work and are subordinate to a third party. This work has been prohibited since 2016 and its use entails administrative liability.

An exception to the use of agency labor is made for:

• private employment agencies that meet certain conditions (accreditation, application of the general taxation system).
• legal entities when sending an employee to their affiliates, subject to the conditions and procedure for providing employees approved by the relevant federal law. To date, this law has not been adopted.