Employment history
A work book is a document containing information about an employee’s work experience. When a person applies for a pension, this document is a confirmation of his length of service, which means that any errors or inaccuracies in this document should be excluded.
The “Work Book” form, as well as the insert for it, were approved by Decree of the Government of the Russian Federation No. 225 “On Work Books” dated 04/16/2003, and the procedure for filling them out was approved by Decree of the Ministry of Labor of Russia No. 69 “On approval of the Instructions for filling out work books” dated 10/10/2003 .
The personnel officer or other specialist responsible for maintaining work books fills out the passport data in the presence of the employee, after which he hands over the book to him to check the entered information. If the personnel officer makes a mistake (for example, one letter is missing in the last name, or the number in the date of birth is indicated incorrectly), the accepted employee must insist on filling out a new book form (
The procedure for registering a work book
A work book is a document reflecting the work history of a citizen. When a person applies for an old-age pension, it is the work book that serves as official confirmation of his work experience.
Important: when preparing this document, you should exclude any errors in writing the employee’s passport data. An employee of the personnel department of a company or individual entrepreneur must fill out a work book in the presence of the hired citizen, after which he is obliged to let him check the correctness of the specified data. If a mistake is made (at least one letter in the full name, number in the date of birth, etc. is written incorrectly), the employee should insist on filling out the form again.
Please note: a citizen does not have the right to fill out his work book on his own; this is the responsibility of the personnel officer or other representative of the employer. The law does not oblige a new employee to write an application for a work book for the first time, but a sample of it will be useful if such a document is provided for by the rules of the employing organization.
If an employee for whom a work book was opened at the first place of work gets a job in another company, a second book is not issued. In the second place of work, the citizen works part-time. The law leaves it to the discretion of the employee whether or not to include information about this work period in the work book. An appointment for a second place of work is made by the personnel officer at the main place; for this you need to present him with a supporting document (a certificate, or a copy of the order, or a copy of the employment contract).
For details on how to correctly certify a work book for a bank, read the link https://otdelkadrov.online/4915-pravila-obrazets-zavereniya-trudovoi-knizhki-dlya-banka-polucheniya-subsidii-nachisleniya-pensionnyh-vyplat
Registration in labor records when working part-time
After being hired for the first time, the employee can get a job in another company. In this case, a second work permit is not necessary. However, if an employee works part-time for a second employer, then it is up to the employee to decide whether to enter information about this into the labor report or not. An entry about hiring for a second job is made in the employment record by the personnel officer who made the entry at the main place of work. To do this, he will need to present supporting documents. This may be a certificate, a copy of the employment order or a copy of the employment agreement (
How to compose
After the employer and the future employee have discussed all the issues that interest them and come to an agreement, the process of formalizing the employment relationship begins. This process can be divided into several stages:
- Preparation and submission of the necessary documentation;
- Drawing up an employment contract;
- Beginning of labor relations.
Let's consider each of these stages separately.
After the employer has given an order to hire a person who has passed the interview, the future employee must submit all the necessary documents to the personnel department. The list of documents consists of:
- Identity card of a citizen of the Russian Federation;
- A document confirming education or a certificate confirming training;
- Work book;
- Military ID or registration certificate (if necessary);
- TIN;
- Health insurance policy;
- Certificate of state pension insurance.
Each employer has the right to supplement the list of documents. For example, when registering with an organization engaged in the production of food, they will definitely require a medical record.
Is it possible to work under an employment contract without a work book?
Drawing up an employment contract between individuals
How to conduct an examination of an employment contract
The next stage includes documenting the hiring process. Since each organization hires according to its own requirements, each specific case will draw up its own contract, which may differ significantly from a similar one in another organization. There are also documentation rules that must be followed:
- The agreement must be drawn up in two copies. One is given to the hired employee, and the second remains with the employer;
- The conditions specified in the document can be changed only after obtaining the consent of the second party specified in the document;
- If necessary, the document being drawn up may contain clauses prohibiting the disclosure of certain information;
- The employer has the right to establish a probationary period;
- The Labor Code prohibits hiring persons under 16 years of age. If the child is 14 years old, the employer has the right to hire him only after receiving permission from one of the parents;
- The refusal to conclude an employment contract must be explained. If the refusal occurred without explanation, then such actions are considered unlawful and such refusal can be appealed in court.
The final stage is taking office. After signing the contract, an employment order is drawn up. In most cases, the date of taking on the position is indicated in the agreement, but if it is not specified, then the start of the position occurs the next day after signing the document.
It is worth considering separately the process of drawing up an agreement between the employer and the future employee, as well as the rules for drawing up an employment contract.
Sample
The employment contract must include the following information:
- Full details of the employer;
- Personal and contact details of the person being hired;
- Job title and list of duties performed;
- Date of taking office;
- Type of contract (fixed-term or unlimited);
- Availability of a probationary period;
- Rights and obligations of each party to the agreement;
- Description of working conditions;
- Schedule;
- Duration of compulsory leave;
- Salary amount and list of possible allowances;
- Date of issue of the PO;
- Type of social insurance.
If each party agrees with all points of the agreement, then the signatures of the employer and the future employee are placed.
Since the contract, depending on each specific case, may include various additions, it is recommended that each company have a sample employment contract, which can be downloaded from the link below.
Sample standard form of an employment contract.doc
Who buys the work book form
Each employer must have forms of work books and inserts for them. The employer does not have the right to require employees to buy their own. The employer should enter into an agreement with an association such as GOSZNAK or another accredited supplier. Such organizations provide employment forms.
After the employee is issued a work form, the fee for the book is deducted from him. The amount of the fee will be equal to the cost of purchasing the form. If suddenly the book form is accidentally damaged, money cannot be withheld from the employee. In addition, it is impossible to withhold money even if there has been a massive loss of work records, which was the fault of the employer. Such cases should be provided for in collective agreements as special conditions for the provision of free labor. And the employer compensates all costs in full.
Among other things, the employer must:
- maintain a book of records of the movement of work books, in which their issuance, storage, receipts and expenses are recorded, as well as the registration of documents of new employees;
- keep the records of your employees and be responsible for them;
- in case of dismissal of an employee, issue him a work certificate, and make a corresponding entry in the Accounting Book.
Important! The employer has the right to withhold from the employee’s wages the cost of the work record book upon its initial registration. To do this, the employer is obliged to issue an appropriate order, which the employee must read and sign. Without the employee’s consent, the cost of the book cannot be deducted from the salary.
We formalize labor relations correctly
It is no secret that employment is formalized by order of the employer. It is published on the basis of an employment contract concluded with the employee (Article 68 of the Labor Code of the Russian Federation). What exactly should be written in the contract, who should conclude it and for what period, taking into account recent changes in laws?
Firms, private entrepreneurs and employers - individuals must enter into an employment contract with their employees.
In the latter case, the employment contract must be registered with the local administration. You cannot limit yourself to just applying for a job. The Labor Code requires that a written employment contract be drawn up, recognizing it as the main document that certifies the labor relationship between the employee and the employer.
Urgent or indefinite?
When hiring an employee, the employer must determine what kind of employment contract to conclude with him - a fixed-term (up to five years) or for an indefinite period (Article 58 of the Labor Code of the Russian Federation).
