How to take an employee to work under an employment contract? We offer to study step-by-step instructions for both individual entrepreneurs and legal entities. The paragraphs in the instructions in bold are mandatory.
The first step in hiring is to require the future employee to have documents such as:
- Employee's passport or other identification document;
- Work book. If for the future employee it is the first work, it is necessary to get him a work book;
- Insurance Certificate of the state pension insurance. Again, if this is the first work experience of the employee, it is necessary to issue an insurance certificate to the FIU;
- Documents of military registration;
- Documents on education, qualifications and other documents confirming the employee's obtaining of special knowledge.
It should be noted that it is impossible to ask the employee for documents that are not specified in the list of art. 65 of the Labour Code.
It is also necessary to undergo a medical examination in cases prescribed by law. For example, persons who have not reached the age of 18 years in employment are obliged to undergo a medical examination according to art. 69 TC RF.
An employee writes an application for employment.
Under the law this action is not obligatory and this clause can be disregarded. However, in most cases, the statement is written, because it bears some "psychological" importance for the future employee, especially if he comes to work for the first time.
Acquaintance of the employee with the official instruction under the painting
The preparation of the job description is not an obligatory action in hiring, however, this document denotes the labor duties of the employee in writing, which is often not superfluous. is made in 2 copies, one is given to the employee, the other remains with the employer.
Conclusion of an employment contract with an employee
Conclusion of the employment contract with the employee within 3 days from the beginning of the actual work. The employment contract is a written agreement between the employee and the employer and establishes their mutual rights and obligations.
The conclusion of an employment contract is allowed with persons who have reached the age of 16 years.
In the employment contract, it is obligatory to specify: – Probation period for the future employee. If it is not specified, the employee will accept without a probationary period and in case of what, to dismiss it at once will not turn out; – The place of work with the indication of the structural unit; – The amount of wages; – Work and rest regime; – Duties of the employee.
The employment contract shall be drawn up in two copies and signed by both parties, i.e. the employee and the employer.
After the conclusion of the employment contract it should be registered in the Book of employment contracts. In this book the employee signs the receipt of the employment contract. Maintaining a book of employment contracts is not a mandatory requirement, but it is not a small benefit.
Publication of the Employment order
Publication of the Order for employment of the software. This form was approved by the regulation of the Goskomstat of the Russian Federation from 05.01.04. The order is issued on the basis of an employment contract. Further the order on employment is given to the employee under the painting within three days from the date of actual beginning of work. is usually made in one copy and remains with the employer. Upon request, a copy of the order can be made and transferred to the employee.
Registration of the employee's personal card
Registration of the employee's personal card. The personal card is one of the basic registration documents at registration of the employee and has the standard approved by the regulation of the goskomstat of Russia from 05.01.2004.
Entry into the employee's employment record
Entry into the employee's work book. It is necessary to consider this point more carefully, as for violation of the order of keeping of labour books, the employer can be brought to responsibility. For example, the information in a work book is made on the basis of the corresponding order of the employer not later than seven days.
Register as an employer in the pension fund
Important! For individual entrepreneurs after employment of the first employees it is necessary to register as an employer in the pension fund of the Russian Federation – within 30 days and the fund of compulsory medical insurance – within 10 days after the employment of the first Employee. For violation of the established terms of registration a fine in the amount of 5 000 rubles is set, and in case of late for more than 90 days the penalty is doubled – 10 000 rubles.