The most common procedure personnel services most modern businesses are recruiting employees. And this is not surprising, since it is important condition legal and effective activities of both the employee and his employer.

Therefore, it is worth considering in more detail the essence and history of the hiring procedure, as well as the procedure for its implementation and the rights of future employees.

The concept and history of employment

Hiring an employee is a procedure during which the company officially prepares and prepares everything necessary for further work.

This procedure is carried out by mutual agreement of both parties, that is, the employer and the employee.

Historically, the use of hired labor is a very old procedure that existed even during the slave system. However, official rights and legal guarantees for workers emerged quite recently, towards the end of the 19th century.

In addition, there are some others:

1. Limited. It can be maximum 3 months. For some categories of workers, this condition is in labor contract cannot be turned on at all.
2. Equal rights of all citizens in employment. Only his meaning matters. professional quality and skills. The employer should not pay attention to such details as race, skin color, age, gender, etc. He also has no right to refuse to conclude an employment contract on these grounds. The only exceptions are some types of work that not all employees can perform.
3. The right to obtain justification and appeal against it in court. If there are violations on the part of the employer, he can be fined and even forced to conclude an employment contract with the applicant.

In addition, some rights are vested in separate categories citizens. For example, people with disabilities can be employed at an enterprise if there are quota jobs on it. In more detail, such benefits are already regulated by some provisions of the Labor Code of the Russian Federation or individual legislative acts.

Employment procedure

The procedure for hiring a new employee is governed by Art. 68 of the Labor Code of the Russian Federation. Briefly, this procedure can be presented as follows:

1. Contacting the employee and providing them required documents... Their list is given in Art. 65 of the Labor Code of the Russian Federation.
2. Receiving from an employee. This document is not mandatory, however, in most enterprises it is still provided.
3. Familiarization of the new employee with the local acts of the company, including the collective agreement. The list of these documents is given in the legislation.
4. Conclusion of an employment contract by signing it by the parties. In this case, one copy of the document must be given to the subordinate.
5. Publication of an order for employment. The content of this document must comply with the terms of the concluded agreement.
6. Entry into the work book of the corresponding employee. The entry must be made in accordance with established rules.
7. Registration of an employee's personal card and entering data about him into other company documents.

After that, the employment procedure is considered completed, and the employee can legally start work.

Important points of employment

Many enterprises have a security service in their structure, whose responsibilities, in particular, include checking potential employees. The methods and sources used in this case depend on what kind of position the applicant is applying for.

Official employment - this is the procedure for registering employees established by law. Unofficial, unfortunately, is quite widespread at the present time, is employment with the actual fulfillment of labor duties by citizens while depriving them of the right to guarantees provided for working people.

Official employment - registration according to the Labor Code of the Russian Federation

Official should be understood as employment according to the Labor Code of the Russian Federation, in accordance with which the employee is given the right to receive the established labor contract wages, for paid holidays and sick leave; in addition, the employer assumes the obligation to deduct insurance premiums, taxes, etc. for the employee. In other words, official employment guarantees the employee all the rights and guarantees enshrined at the legislative level.

Official employment is carried out on the basis of a personal written application of the employee, through the issuance of an appropriate order by the employer and the conclusion of an employment contract (TD). The last document is drawn up and signed in 2 copies (one for each of the parties). Employment information is always entered in the work books of employees.

After the conclusion of the TD, the employer must pay taxes and bear other additional obligations to the employee. To avoid unnecessary hassle and to save on taxes and other payments, some employers are in no hurry to formally employ citizens and either offer informal employment or limit the formality of such. So, for example, they can offer a job:

• on the terms of an oral agreement (without drawing up any documents);
• on the terms of a reduced working day (despite the fact that the employee actually works full time);
• on the terms of the lowest wages (the so-called black and white wages).

What is the risk of work without official employment?

As already mentioned, “the unofficial worker is deprived of all rights and guarantees. However, even in this case, he can and must defend his rights, since the legislator has provided for certain protection mechanisms.

For example, in accordance with Art. 67 of the Labor Code of the Russian Federation, the employer is obliged to conclude an employment contract with the employee no later than 3 days from the moment he was actually admitted to work. The day of the conclusion of the agreement is the first day of work (provided that the citizen has started his duties on the order or instruction of the employer) - from this moment the employee has the right to demand the conclusion of an employment contract with him. In case of refusal, the employer can be forced to conclude a contract by going to court.

At the same time, remember that in court you will have to prove that you really work in this particular company. As evidence, you can use video and audio recordings, any documents (both in paper and in in electronic format), testimony of witnesses, etc.

You will have to prove not only the fact of work, but also the conditions on which you agreed to work, for example, the amount of wages, and the term of work. Payslips, debit slips or other similar documents will help you with this.

Economy Russian Federation more and more takes on a market character, which has an impact on the social sphere. In the harsh conditions of a planned economy, there was no opportunity to develop specific forms of labor relations. Market reforms have corrected this situation, making it possible to identify new forms and types of employment. As a result, the employment market has become more optimized. The public sector is quite popular among the population. Private, although it occupies a certain niche in the market, but not to the extent that it suppresses the state. This material will describe the concept and types of employment.

What is included in the concept of employment?

Many definitions describe the concept of "rational employment". Species are completely different definitions. But in a broad sense, the essence lies in a complex of certain activities that are of a different nature. These are actions related to organization, finance and law. All of them are aimed at providing the residents of the state with work.

All types of employment in Russia are only legal forms of activity. This also includes those types that are characterized by individual support. This is, for example, private enterprise or farm... Also, types of employment are those forms of activity that can be carried out thanks to an existing license from government agencies or private organizations.

What does employment mean?

Employment is a person's activity, the purpose of which is to satisfy personal needs (mainly material), that is, to generate income. These actions must comply with government regulations. According to Russian legislation, every citizen has the right to dispose of work resources and creativity as they see fit. It is the fulfillment of such requirements that is necessary in order to characterize rational employment. Types of employment, regardless of their characteristics, do not imply any coercive measures. The Constitution of the Russian Federation says that the exercise of the right to work should be initiated by the person himself and is carried out by him in a free form.

Employed strata of the population

The concept of employment and employment (their types) cannot be complete without a description of the circle of persons who are the subjects of such relations. The subjects of labor relations are citizens who get a job, as well as employers.

All types of employment are purposeful actions in relation to any subject. An employed person is a person who is a citizen of the Russian Federation who works thanks to the conclusion of an agreement that secures labor relations. The list of such persons is quite extensive and includes the following categories:

1. People who perform a specific set of activities on a paid basis. The employee is paid remuneration for the work done, which he performs within the framework of a full or reduced working day. This includes both permanent service and temporary, seasonal types of employment.
2. Individuals with the status of private entrepreneurs and engaged in commercial activities.
3. Ancillary workers, the essence of whose earnings is the sale of goods in accordance with the conclusion of supply contracts.
4. Persons who have entered into contracts that have a civil legal basis. They are drawn up in relation to the performance of work or the provision of services. Individual entrepreneurs can be parties to the contract.
5. People who have received a position or assignment for which a reward is due.
6. Persons involved in power structures, such as the fire service, internal affairs bodies, criminal bodies.
7. People in military or alternative civilian service.
8. Students and pupils of general education institutions, primary, secondary and higher professional institutions.
9. Persons who, for certain reasons, cannot carry out their usual work activities. Among such factors, one can list the lack of ability to work, attendance of refresher courses, vacation, sick leave, re-profiling, temporary stoppage of the institution's work, preparation for service in the armed forces, and more.
10. People who are founders of organizations. An exception to this clause is made by religious, public and charitable organizations, because there are no property rights in relation to such established structures.

How is employment carried out?

All types of employment in Russia have general essence, which consists in an order consisting of sequential steps that should ultimately lead to getting a job. In a narrower sense, this definition means the assistance of government agencies to their citizens in the form of job vacancies. This includes not only assistance in finding a suitable job, but also retraining, retraining, and translation. That is, these are the actions that are aimed at realizing a person's right to free labor. But at the same time, the law does not prohibit a person from performing actions to find a job on an individual basis. From this it follows that the types of employment for work on such a classification criterion as a method of implementation are as follows:

• independent;
• through government agencies.

This process plays an important role in social and social life, as it helps a person to exercise their right to get a job. On the part of employers, this is a plus in terms of the selection of qualified workers or the necessary strength. Another advantage of employment is a good coefficient of efficiency, that is, a person realizes his work time lossless job search.

How is this process carried out with the help of government agencies?

This process can be carried out with the help of special bodies. These mainly include institutions such as employment services. This way of performing this action is called special. His distinctive feature is that, unlike independent option, it characterizes only the types of official employment.

Although labor is considered, according to the legislation in the Russian Federation, free, but tough measures can characterize the implementation of this process with the help of state influence. For example, this can include a set, which is carried out in an organized manner, and the direction of faces to objects. It was more popular during the period of active development of the planned economy and is practically absent at this time. This was used to do this area more rational and provide human resources to those regions where they are sorely lacking.

Also, special employment refers to the direction of students who graduated from vocational schools. This is done through the conclusion of the appropriate type of contracts with enterprises and institutions, which imply the recruitment of young employees.

Another plus in the implementation of this process with the help of state bodies is that they have the right to subject jobs to quotas. This allows you to find a job special layers population.

What categories of citizens are eligible for preferential jobs?

Some segments of the population are entitled to social protection in the form of assistance to realize the right to work. The list of such people includes the following categories:

• those with disabilities;
• those who have been to places of deprivation of liberty;
• those who have not reached the age of eighteen;
• those who have two years left to work before retirement;
• migrants and refugees;
• single mothers and large families;
• parents raising a child with a disabled group;
• those who are looking for a job for the first time;
• those who graduated from specialized educational institutions.

How is this process of employment of people with disabilities carried out?

The types of employment of people with disabilities are very important in the social sphere, since it is these people who make up a special category of those employed. Quotas apply to such vacancies that can allow people with disabilities... These persons cannot be one hundred percent active in society. It is the search for work that helps people with disabilities regain their place in society, recover morally and become full-fledged members of society. Thanks to this process, a person can again feel needed and important, feel that he is beneficial to other people.

Quotas are a formalized requirement that applies to all private entrepreneurs. Entrepreneurs should allocate a certain share of vacancies for people with disabilities. However, the statutory percentage in Russia is quite low.

How is this process carried out for minors?

The types of employment of minors occupy their own niche in the employment market. This process is carried out in relation to this category of citizens according to specific rules. In most countries of the world for persons under the age of eighteen, the possibility of getting a job is regulated by law separately.

According to Russian regulatory legal acts, the opportunity to enter into an agreement with employers appears upon reaching the age of sixteen. But the exception is fifteen-year-olds who received an average school education or are trained according to an individual program. They are allowed to perform simple tasks that do not provide negative impact on health and do not interfere with development and life. The younger age group can be involved in the work process only as part-time employment. Labor should allow the adolescent to continue learning. But for such an age category, this action is allowed only with the consent of the parents or guardians.

That is, persons who have not reached the age of majority can be involved in any type of work, with the exception of gambling establishments and nightclubs. They are prohibited from dealing with cigarettes, alcohol and psychotropic substances. They should not be engaged in work that could potentially harm their health. That is, the transfer of weights and loads is limited to a certain weight.

All types of employment related to minors are accompanied by the passage of a medical commission, which must issue its opinion.

Adolescents cannot be employed at work in holidays and night time. Work in excess of the norm is also prohibited for this category. It is not allowed to send them on a business trip.

A shorter working week is established for such workers. For persons under the age of sixteen, this number is twenty-four hours. For teenagers from sixteen to eighteen years old, this time is equal to thirty-five hours a week.

Minor workers have additional guarantees. That is, an employer cannot voluntarily fire a teenager. This can only be done with the help of the state labor inspectorate.

An employer who hires a minor must understand that he is obliged to provide annual leave... It must be at least one month old. And financial compensation is due for him.

Remuneration for work done for adolescents is calculated in relation to the hours worked.

How is this process carried out without a work book?

Types of employment without a work book are a very realistic option in the Russian Federation. This option is within the scope of the law. However, a work book is the document that confirms that a person was involved in the work process. It contains complete information about a person, which is necessary for the further implementation of such activities. That is, this is information about education, specialty received, dates of employment and the name of the organization. The document indicates the position and reasons for dismissal.

The employment record confirms the fact of employment. But it is quite possible that the provision of this document is not required. This is quite realistic, but at the same time it requires the execution of another document, which is a civil contract. The second way is part-time work. That is, one main job is formalized according to the work book, and the second - according to a special agreement.

The last option for a device without this document is all types of employment. That is, this is labor provided by agreement with natural person... If this is done legally, then an agreement must be drawn up between the employer and the employee. At the same time, the one who pays for the provision of the service must also make contributions to organizations such as the Pension Fund and the Social Insurance Fund.

But more often than not, institutions that do not make entries in the work book are trying to hide from the law in this way. This is mainly due to the shelter of the current financial situation, that is, non-payment of contributions.

Those who agree to work on such conditions most often face such problems as lack of leave, sick leave and maternity leave. And it is impossible to be 100% sure of the stability of such work.

An important point is that the contract, which is concluded instead of writing in the work book, is of a civil nature, and not of a labor one. The parties in it are the customer and the contractor. Such contracts are of several types:

• author's;
• agent;
• for the performance of contract work.

All of the above types have common features... For example, they must be in duplicate, fix the details of the parties, deadlines and the amount of remuneration.

What are the types of employment?

The types of employment in the Russian Federation are represented by four main categories. The most common is work with a permanent basis. It is she who brings a stable income. She is preferred, since this type provides certain social guarantees. A person is protected, both socially and legally. In the event of a job loss or unemployment, such a person may qualify for benefits. A certain percentage of the salary goes to the balance of the Pension Fund, which provides material support in old age. The advantage of this type of employment is also the possibility of obtaining a loan.

The second type is part-time employment. Most often this is a part-time job that brings little income. Such employment is common among students.

The third kind is contract work. The amount written in it is fixed, and no deductions are made from it. In this case, tax levies must be paid by yourself.

The types of employment do not necessarily provide material reward. Volunteering is such an example. Although it does not provide any financial benefit, it has the advantage of acquiring useful skills and connections.

On this moment several more types of employment can be distinguished. These include freelancing and remote work over the Internet. Professionals in many industries can provide their services to employers from all over the world.

Official employment means social security for a citizen. Only in this case, the employee can count on pension contributions paid sick leave and a full vacation. The hiring process has its own subtleties and depends on who is applying for workplace and what is the expected schedule of duties.

The Employee Employment Law contains the rules for the procedure, a list of documents required to be submitted to the employer and to the personnel department.

What acts protect the rights of the applicant for the position:

• the Labor Code of the Russian Federation in chapters 10 and 11 contains the procedure for registration labor agreements and work books containing data on the length of service of the accepted citizen;
• the Government decree of 2003 No. 225, with amendments and additions made in 2008, the order of the Labor Ministry of 2003 No. 69 contains regulations on how to fill out a work book correctly, how to keep records and store forms that take into account the length of service of working personnel;
• Goskomstat order of 2004 No. 1, offers an example of documents created when an employee is hired: orders for registration, a sample of a personal card.

The decrees were adopted at the state level and are binding. Violation threatens the guilty not only with fines, but also with administrative penalties. This also applies to employees and managers, even the heads of the institution.

The fact of non-compliance with the requirements of the law is revealed as a result of an inspection by the inspection supervising the implementation of labor legislation.

When taken new employee the employer needs to understand who he is applying for.

Basic rules for formal employment:

The first point of the procedure was to check the information provided by the person about himself, education and experience.

So, what you need to find a job in a company:

The documents provided must contain reliable information about the employee. Otherwise, the employer has the right to apply Article 81 of the Labor Code and dismiss. Not only administrative liability threatens a citizen, but also criminal liability for forgery of information.

Types of work

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

Types of employment and nuances:

1. Main job. This is the most optimal view getting a seat. The citizen is protected by labor laws. When concluding an agreement with the 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 that the pension is guaranteed. Banks respond positively to applications for a loan from a citizen with official employment and main place of work. Often, companies interested in a high-quality workforce send workers to improve their qualifications.
2. The contract. When getting a job, a citizen must understand that there will be no deductions for social events. The amount received on hand is indicated in the contract and is significantly higher than that of those employed at the main place. It is worth noting that the obligation to pay taxes falls on the contractor.
3. Underemployment. There is no need to expect big wages in this place. 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 salaries and no entries in the work book. However, for a citizen, participation in a volunteer program is in a great way meet to the right people and gain invaluable experience. This fact is welcomed when applying for a job.

There are other types of work: remote, free attendance. In these cases, it is often required to have a computer or laptop and Internet access.

The employment of a citizen who has not reached the age of majority according to the Labor Code of the Russian Federation has features and nuances. Not only the employer needs to know about this, but also the teenager.

The regulations for applying for a job are spelled out in labor code in article number 63.

In formal employment, the following are respected certain rules:

• the employer must obtain written permission from the parents of the adolescent. If the child is in foster care, the letter is provided by the guardians. This requirement is spelled out in Article 26 of the Labor Law;
• the junior applicant must have a minimum level of education (secondary);
• there are age restrictions. Only when the required number of years is reached can a teenager be hired;
• medical certificates are allowed to perform given view works.

They are hired from the age of 16 - the requirement of Article 63 of the Labor Code of the Russian Federation. Exceptions are possible and fourteen-year-olds are accepted, but the work should be easy and in their free time. They can also make an exception for more younger age for work in cinema or theater.

Official employment of a 17-year-old minor is not an obligation for the employer. In this case, their consent must be given by the parents of the teenager or guardians. If the child is under 16 years old, an additional letter from the child welfare and care authorities will be required.

At the same time, there are restrictions on the work provided. The child cannot be used on harmful conditions labor, in the gaming business, in the sale of tobacco products and alcoholic beverages , erotic goods. Also, a minor cannot lift weights more than the standard indicators in this category of employees.

A child under the age of 18 should not work at night, travel on business trips, go to work overtime, or have multiple jobs.

In 2019, changes were adopted on the hiring of citizens who are representatives of other states at enterprises of the Russian Federation. At the same time, the changes introduced the responsibility of the employer for non-compliance with the rules.

When applying for a vacancy of a foreign citizen, you should pay attention to:

• is there a residence permit and for how long it was issued. As a rule, this paper is given for five years with the opportunity to get a job anywhere in Russia;
• a patent or permission to hold positions on the territory of the Russian Federation. These documents prescribe the region in which the foreigner has the right to work;
• for representatives of Armenia, Belarus and Kazakhstan, it is enough to register with the migration service. They do not require a patent or permission.

The legislation of the Russian Federation regarding the registration of foreign citizens indicates the obligation of the employer to inform the migration services about the acceptance of a foreigner for a position. The term is given for 7 days. Upon dismissal - the employer informs the FMS authorities within 3 days after signing the order.

A representative of another state can be hired only if the following information is provided:

• a document confirming the identity of the applicant, his citizenship and registration;
• permission paper labor activity it is in this region of the country;
• information about the experience of the received specialist. Employment history drawn up by the employer independently, if the applicant first came to work;
• confirmation of the insurance of the future employee - a certificate. When hiring a foreigner, if this is his first job, the insurance certificate is drawn up by the employer;
• educational, qualification documents. When a job requires certain skills and abilities, the employee must confirm them.

When hiring a foreign citizen, the employer must take seriously the set of documents provided by the applicant and the deadlines for notifying the FMS. Failure to comply with the rules established by law entails the imposition of fines on the company in the amount of 400 thousand to 500 thousand Russian rubles.

Part-time work

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

There are two types of overlapping positions:

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

In order to be hired, a part-time worker writes a statement and indicates that this position is not the main one. An employment contract is concluded, where the features of the duties performed are recorded. The personnel department creates an order confirming the hiring of an employee.

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