Recruitment. Documents confirming the profession, qualifications

Each person approaches the issue of the need for official registration for work in his own way. Moreover, different opinions exist both among the parties to the employment contract - the employer and the employee, and among the specialists themselves: some are purposefully looking for work on the basis of a work book, for others it does not matter. Let's try to figure out what constitutes official employment and what it gives.

Official employment, in accordance with the Labor Code of the Russian Federation, provides for the procedure when after the employee is granted the right to receive the agreed wages, paid sick leave and vacations, insurance against industrial risks, etc. In other words, official employment provides the employee with all the guarantees and rights enshrined current Russian legislation.

In this case, the employer acts as a tax agent for his employees, undertakes to pay insurance and pension contributions for them. That is why the registration and further functioning of any business provides for the mandatory submission of information by the entrepreneur to various state institutions, including the Fund for Compulsory health insurance, Social Insurance Fund, Pension Fund.

Documents for registration

Article 189 of the Labor Code provides that the signature of a new employee confirming familiarization with the internal regulations is a guarantee of his agreement with all working conditions. Refusal to sign the document makes further cooperation impossible.

After collecting the documents and getting acquainted with the labor schedule, a new employee and the employer must conclude labor contract. This document should contain all the main provisions, standards and rules for further cooperation between both parties.

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

The law on the employment of an employee contains the regulations 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:

  • in 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;
  • in the order of the Government of 2003 No. 225, with amendments and additions made in 2008, the order of the Ministry of Labor of 2003 No. 69 contains regulations on how to correctly fill out a work book, how to keep records and store forms that take into account the length of service of working personnel;
  • Decree of the State Statistics Committee of 2004 No. 1, offers an example of documents created during the employment of an employee: orders for registration, a sample of a personal card.

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

The fact of non-compliance with the requirements of the law is detected as a result of an inspection by the Inspectorate for Supervision of Compliance labor law.

When accepted new employee the employer needs to understand who he draws up.

The main rules for official employment for work:

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

So, what is needed for employment to work in the company:

The submitted documents 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 have 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 get a part-time job or become a volunteer.

Types of employment and nuances:

  1. Main job. This is the most optimal view getting a place. The citizen is under the protection of labor legislation. When concluding an agreement with an employer, the social and legal rights of an employee are regulated by a signed document. Upon dismissal, social benefits are guaranteed. Also, the employer during the entire period of the employee's work makes contributions to the pension fund, which means that the pension is guaranteed. Banks respond positively to applications for a loan from a citizen with official employment and the main place of work. Often, companies interested in the qualitative composition of personnel send workers for advanced training.
  2. Contract. 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 much higher than that of those employed at the main place. It should be noted that the obligation to pay taxes falls on the contractor.
  3. Underemployment. You don't have to expect big pay here. 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 and entries in the work book. However, for a citizen, participation in a volunteer program is great way meet to the right people and gain invaluable experience. This fact is welcomed upon admission to the enterprise.

There are other types of work: remote, free visit. In these cases, you often need 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. This should be known not only to the employer, but also to the teenager.

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

For official employment, the certain rules:

  • the employer must obtain written permission from the teenager's parents. If the child is in guardianship, then 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, a teenager can be hired;
  • medical certificates are allowed to perform this species 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 light and in their free time from study. They may also make an exception for more younger age for work in cinema or theater.

The official employment of a 17-year-old minor is not an obligation for the employer. In this case, the consent must be given by the teenager's parents or guardians. If the child is under the age of 16, then an additional letter from the authorities involved in the custody and protection of children will be required.

However, there are restrictions on the work provided. The child cannot be used 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 normative indicators in this category of employees.

A child under the age of 18 must not work at night, go on business trips, go to work overtime and combine several positions.

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

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

  • Do you have a residence permit and for how long? As a rule, this paper is given for five years with the opportunity to get a job in any corner of 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 exercise labor activity;
  • 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 deadline is 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;
  • a paper that allows you to engage in labor activity in this particular region of the country;
  • information about the experience of the accepted specialist. The work book is drawn up by the employer independently if the applicant first came to work;
  • confirmation of the insurance of the future employee - certificate. When accepting a foreigner, if this is his first job, then an insurance certificate is issued 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 taking on a part-time position. At the same time, the employee himself can formalize labor relations with an unlimited number of employers, as long as this is permitted at the legislative level and the working day at a particular enterprise does not exceed 4 hours.

There are two types 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, where the features of the duties performed are fixed. The personnel department creates an order confirming the admission of an employee.

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

Many applicants are interested in the issue of official employment. But not everyone has a clear idea of ​​​​what exactly it means official employment. Let's figure it out.

1 Formal employment starts from 1st day your work in the company. Your job begins with the application process. You must have an employment contract. He subscribes to two copies - by you and the employer. 1 copy remains in your hands.

2 Application for employment. They give it to you for review, and you put it to sign. The presence of an order is a confirmation that your employment has been officially carried out in the personnel office of the company.

3 work book. The employer is obliged to accept your work book and make an entry in it, or issue a work book (if you did not have one yet) and make a record of your employment for a certain position in the company where you came to work.

Important: it all happens on the first working day!

Do not believe in fairy tales when they tell you that you will work for a week, and then you will be officially employed.

There are delays associated with office work within the company (especially if the company is large). They can take all documents from you and conclude an agreement from the date you actually started working, and provide your copies on the next business day. It's not scary. But at the same time, all documents must indicate that you were hired exactly on the day on which you actually started working.

4 When you work for a company, formal employment provides for an official “white” wages by 100%. Your wages are paid 2 times a month and consists of the advance and the wages themselves. The advance part can be 40-50% of the salary. Most often, this is specified in the employment contract.

Your employer withholds personal income tax from your salary. In addition, in addition to the amount specified in the contract, he pays contributions to the Pension Fund, the Compulsory Medical Insurance Fund and the Social Insurance Fund. Your employer is your withholding agent and pays your income tax. Contributions to the pension fund are made so that you accumulate a pension. Contributions to the mandatory health insurance fund are especially relevant for young women, because they directly affect maternity payments. If, for example, part of the salary is “white” and part is not (your employer brings you a salary in an envelope), keep this in mind when planning to go on maternity leave. Those payments that you will receive within 1.5 years after the birth of a child are calculated based on the official salary. There used average value for a certain interval. If your official salary is 8,000 rubles, and the rest is brought to you in an envelope, then when you are on parental leave, the employer will transfer you exactly this amount, despite the fact that your real income was higher. This is a big risk in an informal salary.

Your holiday pay will be calculated based on the average official income. The month of vacation that you are entitled to, the employer is obliged to pay you in accordance with the official part of the salary. And the part that was paid unofficially, the employer is not obliged to pay you as vacation pay. This is at the discretion of your employer.

The same applies to sick leave.

So, in order to understand whether the employer officially employed you, you need to clarify four points:

  • You must have an employment contract with your signature and the signature of the employer, which must contain all the conditions of your employment.
  • You must sign the order for employment.
  • You must give the employer a work book, and the employer must record the employment there. The work book is kept by the employer until last day your work in the firm.
  • The employer must pay you wages twice a month and pay all taxes from your wages. You can check whether the employer is doing this by asking the employer for a certificate of income, and make sure that all the salary that you actually receive in your hands is taken into account in official office work.

The economy of the Russian Federation is increasingly taking on a market character, which also has an impact on the social sphere. In the harsh conditions of the planned economy, it was not possible to develop specific forms of labor relations. Market reforms corrected this situation, making it possible to single out new forms and types of employment. As a result, the employment market has become more streamlined. The public sector has sufficient popularity among the population. Private, although it occupies a certain niche in the market, but not in such a volume as to suppress 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 the complex of certain activities that have a different character. These are activities related to organization, finance and law. All of them are aimed at providing the inhabitants of the state with work.

All types of employment in Russia are only forms of activity permitted by law. This also includes those species that are characterized by individual provision. This is, for example, private enterprise or farming. Also, types of employment are such forms of activity that can be carried out thanks to an existing license from state bodies or private organizations.

What does the concept of employment mean?

Employment is a human activity, the purpose of which is to satisfy personal needs (mainly material), that is, to generate income. These actions must comply with state regulations. According to Russian legislation, every citizen has the right to dispose of labor resources and creative potential at his own discretion. 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 realization of the right to work should be initiated by the person himself and carried out by him in a free form.

Employed segments 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 for work are purposeful actions in relation to a subject. An employed person is a person who is a citizen of the Russian Federation, who works due to the conclusion of an agreement that establishes labor relations. The list of such persons is quite extensive and includes the following categories:

  1. People who perform a certain set of actions that have a paid basis. The employee is paid remuneration for the work done, which he performs within the framework of a full or shortened working day. This includes both permanent service and temporary, seasonal types of employment.
  2. Persons having the status of private entrepreneurs and engaged in commercial activities.
  3. Ancillary workers, whose essence of 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 law basis. They are drawn up regarding the performance of work or the provision of services. The parties to the agreement may be individual entrepreneurs.
  5. People who have received a position or appointment for which remuneration is due.
  6. Persons involved in law enforcement agencies, such as the fire department, internal affairs bodies, criminal authorities.
  7. People in the military or alternative civilian service.
  8. Students and students 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, taking refresher courses, vacation, sick leave, reprofiling, temporary shutdown of the institution, preparation for service in the armed forces, and more.
  10. People who are founders of organizations. The exception to this paragraph is religious, public and charitable organizations, because there are no property rights in relation to such created structures.

How is employment carried out?

All types of employment in Russia have common sense, which consists in an order consisting of successive steps that should ultimately lead to obtaining a job. In a narrower sense, this definition means the assistance of state bodies to their citizens in the form of providing vacancies. This includes not only assistance in finding an appropriate job, but also retraining, and retraining, and transfer. That is, these are the actions that are aimed at the realization by a person of his right to free labor. But at the same time, the law does not prohibit the implementation of actions to find a job by a person on an individual basis. From this it follows that the types of employment for work on such a classification basis 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 his right to get a job. On the part of employers, this is a plus in terms of selecting qualified workers or the necessary force. Another advantage of employment is a good coefficient of efficiency, that is, a person with maximum benefit realizes his working time without loss to search for vacancies.

How is this process carried out with the help of state bodies?

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

Although labor is considered, according to the legislation in the Russian Federation, to be free, tough measures can characterize the implementation of this process with the help of state influence. For example, this can include recruitment, which is carried out in an organized manner, and the direction of persons to objects. It was more popular during the period of active development of the planned economy and is practically absent in this period of time. This was used to make 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 have completed professional educational establishments. This is done through the conclusion of the appropriate kind of contracts with enterprises and institutions, which involve the employment 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 employment 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 for the realization of the right to work. The list of such people includes the following categories:

  • those with disabilities;
  • those who have been in places of deprivation of liberty;
  • those who have not reached the age of eighteen;
  • those who have two years left to complete before retirement;
  • migrants and refugees;
  • single mothers and large families;
  • parents raising a child with a disability;
  • 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 disabled people carried out?

Types of employment of disabled people are very important in the social sphere, since these people constitute a special category of those who are employed. Quotas apply to such vacancies that can allow people with handicapped. These persons cannot be 100% active in society. It is the search for work that helps disabled people regain their place in society, recover morally and become full members of society. Thanks to this process, a person can again feel needed and important, feel that he benefits other people.

Quota is a formal requirement that applies to all private entrepreneurs. Entrepreneurs must allocate a certain proportion of vacancies for people with a disability group. However, the statutory percentage in Russia is quite low.

How is this process carried out for minors?

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 obtaining a job is regulated by legislation 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 a secondary school education or study on an individual basis. They are allowed to perform simple tasks that do not negative impact on health and do not interfere with the development and life. A younger age category can be involved in the work process only as a part-time job. Labor should allow the teenager to continue his education. But this action is allowed for this age category 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 forbidden to deal with cigarettes, alcohol and psychotropic substances. They should not be engaged in work that could potentially be harmful to 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.

Teenagers may not be employed at work in holidays and night time. Overtime work is also prohibited for this category. It is not allowed to send them on a business trip.

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

Underage 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 employs a minor must understand that he is obliged to provide annual leave. It must be at least one month old. And he was financially compensated.

Compensation for the work done for teenagers is calculated in relation to the hours worked.

How is this process carried out without a work book?

Types of employment without work book- this is a very real option in the Russian Federation. This option is within 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 the 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 work book confirms the fact of employment. But it is quite possible that this document is not required. This is quite realistic, but it requires the execution of another document, which is a civil law contract. The second way is part-time work. That is, one main work is framed according to the work book, and the second - by special agreement.

The last device option without this document is all types of employment. That is, it is labor provided by agreement with individual. 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 most often, institutions that do not make entries in the work book, thus trying to hide from the law. This is mainly due to the concealment 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 the lack of vacation, sick pay and maternity leave. And you can't be 100% sure of the stability of such work.

An important point is that the contract, which is concluded instead of writing in a 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;
  • agency;
  • for contract work.

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

What are the types of employment?

Types of employment in the Russian Federation are represented by four main categories. The most common is a job that has a permanent basis. It is she who brings a stable income. It is preferred, as this species provides certain social guarantees. A person is protected, both socially and legally. In the event of 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 a part-time job. Most often this is a part-time job that brings a small income. Such employment is common among students.

The third type is contract work. The amount written in it is fixed, and no deductions are made from it. Tax fees must be paid in this case by yourself.

Types of employment do not necessarily provide for material remuneration. Volunteering is one such example. Although it does not provide any financial benefit, its advantage is the acquisition of useful skills and connections.

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

General issues of employment and employment are settled:

Law of the Russian Federation "On Employment of the Population";

Decree of the Government "On the procedure for registering unemployed citizens"

Regulations on the organization of work to promote employment in the conditions of mass dismissal;

Regulations on public works.

Employment- this is the activity of citizens associated with the satisfaction of personal or social needs and bringing them, as a rule, earnings or income. Such activities must not be against the law.

The following categories of citizens are recognized as employed:

1) persons working under an employment contract, including those temporarily absent from work for good reasons (due to disability, vacation, suspension of production, etc.).

As well as persons with other paid work or service, including temporary and seasonal workers. In addition to persons involved in public works.

2) Students studying at full-time departments of educational institutions of all types, as well as undergoing training in the direction of the employment service;

3) Persons passing military service, as well as service in the internal affairs bodies;

4) Persons performing work under civil law contracts;

5) Persons engaged in individual entrepreneurial activity;

6) Elected, appointed or approved to a paid position;

7) Members of production cooperatives;

8) Persons engaged in auxiliary crafts;

9) Being founders or participants of organizations, with the exception of public, religious organizations, foundations, associations of legal entities.

Employment- this is:

1) in a broad sense - a set of measures (economic, organizational, financial, legal, medical) to ensure employment of the able-bodied population;

2) in a narrow sense - the process of searching by unemployed citizens, with the help of state or non-state intermediaries suitable job, as well as the selection process of employees by employers.

Forms of employment

2) appeal to an intermediary.

State policy in the field of employment

1. Development of labor resources, protection of the national labor market.

2. Ensuring social protection in the field of employment.

3. Prevention of mass and reduction of long-term unemployment.

Legal status of the unemployed

The unemployed are able-bodied citizens who do not have earnings and are registered with the employment authorities in order to find a suitable job; as well as those who are looking for work and are ready to start it.

The unemployed also include:

Able-bodied aged 16 years to retirement age,

Persons who have not been assigned an old-age or superannuation pension,

Persons not sentenced to deprivation of liberty or to corrective labor,

Disabled people of the 3rd group, if there is a recommendation for work in the individual rehabilitation program for a disabled person,

Persons who provided reliable information and documents on the absence of earnings, income and work.

Registration of the unemployed is carried out in the employment agencies at the place of residence.