Types of employment and employment of the population. Official employment: meaning and features of the procedure

The topic of “blacklists” has aroused great interest, and today I would like to tell you what you and the employer should do in order to correctly register labor relations.

When applying for a job, you must initially agree on what terms you will formalize the relationship. It's no secret that there are companies that delay the process of official employment, and the employee's ignorance of his rights further aggravates the situation.

5 steps for official employment

1. You are writing a job application. In it, indicate the name of the organization, the name of the manager, your position, structural unit, admission conditions and date.

The manager endorses the application, indicates the salary, signs and dates it. The job application is then submitted to the HR department along with all the necessary documents.

2. You become familiar with the internal rules labor regulations, collective agreement and other office (Article 68 of the Labor Code of the Russian Federation).

3. The employer makes a deal with you employment contract. It indicates work and rest time, vacation, salary and all allowances (Article 57 of the Labor Code of the Russian Federation). The contract is signed by both parties. One copy is kept in the HR department, the other is with you. An employer's refusal to sign an employment contract is a violation of the law.

By the way: if you have already started working and the contract has not yet been signed, it is considered that it is concluded automatically (Article 67 of the Labor Code of the Russian Federation). It is necessary to consolidate the employment relationship on paper within three working days from the moment of your arrival. It is illegal to stall for time.

4. The HR department issues a hiring order. You get to know him and sign.

5. Entry in the work book. By law, she must appear within a week from the date the employment order is issued.

If an employer refuses to make an entry in the work book, he is breaking the law. And it doesn’t matter at all that you work temporarily or are on a probationary period. According to the Labor Code (Article 66), an entry in the work book is granted to every employee (not part-time worker) who has worked for the company for more than five days.

The requirements for registering an employee for work, as specified in the Labor Code, may vary slightly. However, conscientious companies prefer not to delay this process. They quickly fill out the documents, make an entry in the work book, and the new employee becomes a full-time employee.

And of course, if you haven’t done so yet, read the Labor Code!

Happy job hunting!
Oksana Matveenko

Official employment means social security for a citizen. Only in this case can the employee 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 the position. workplace and what is the expected schedule for performing duties.

The law on the employment of an employee contains regulations for the procedure, a list of documents required to be provided to the employer and the personnel department.

What acts protect the rights of an applicant for a 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 admitted citizen;
• Government Order No. 225 dated 2003, with amendments and additions made in 2008, Labor Ministry Order No. 69 dated 2003 contains regulations on how to correctly fill out a work book, how to keep records and store forms that take into account work experience working personnel;
• State Statistics Committee Decree No. 1 of 2004 offers an example of documents created when employing an employee: orders for registration, a sample personal card.

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

The fact of non-compliance with the requirements of the law is discovered as a result of an inspection by the inspectorate for supervision of the implementation of labor legislation.

When a new employee is hired, the employer needs to understand who he is recruiting.

Basic rules for official employment:

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

So, what is needed to get hired for 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 does a citizen face administrative liability, 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 work positions - part-time. Either get a temporary job or become a volunteer.

Types of employment and nuances:

1. Main work. This is the most optimal view getting a place. The citizen is protected by labor legislation. When concluding an agreement with an 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 employee during the entire period of work pension fund, which means your pension is guaranteed. Banks react positively to loan applications from a citizen with official employment and main place of work. Often, companies interested in a high-quality workforce send workers for advanced training.
2. Contract. When getting a job, a citizen must understand that there will be no deductions for social events. The amount received in person is specified in the contract and is significantly higher than that of those employed at their main place. It is worth noting that the obligation to pay taxes falls on the contract employee.
3. Underemployment. You shouldn't expect a big salary in this position. 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 or entries in the work book. However, for a citizen, participation in a volunteer program is an excellent way to get to know the right people and gain invaluable experience. This fact is welcomed when applying to the company.

There are other types of work: remote, free visiting. In these cases, you often require a computer or laptop and Internet access.

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, but also the teenager needs to know about this.

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

During official employment, certain rules are observed:

• the employer must obtain written permission from the teenager's parents. If the child is under guardianship, the letter is provided by the guardians. This requirement is stated in Article 26 of the labor law;
• the junior applicant must have a minimum level of education (secondary);
• There are age restrictions. Only after reaching the required number of years can a teenager be hired;
• medical certificates are allowed to perform this type works

People can be hired from the age of 16 – a 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 free time from study. They may 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, the teenager’s parents or guardians must give their consent. If the child is under 16 years of age, an additional letter will be required from the authorities involved in the guardianship and protection of children.

However, there are restrictions on the work provided. A child cannot be employed in hazardous working conditions, in the gaming business, or in the sale of tobacco products and alcoholic beverages. , erotic goods. Also, a minor cannot lift weights more than the standard indicators for this category of employees.

A child under 18 years of age should not work at night, go on business trips, work overtime, or combine several positions.

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

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

• Do you have a residence permit and for what period is it issued? As a rule, this paper is given for five years with the opportunity to get a job in any corner of Russia;
• patent or permission to hold positions in the Russian Federation. These documents indicate 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 permit.

Legislation of the Russian Federation regarding accounting foreign citizens, indicates the employer’s obligation to inform the migration services about the acceptance of a foreigner for a position. The period is given 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;
• paper permitting to study labor activity precisely in this region of the country;
• information about the experience of the hired specialist. Work book is completed by the employer independently if the applicant comes to work for the first time;
• confirmation of insurance of the future employee - certificate. When hiring a foreigner, if this is his first job, the insurance certificate is issued by the employer;
• educational and qualification documents. When a job requires certain skills and abilities, the employee must demonstrate 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 Federal Migration Service. 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 hiring a part-time employee. At the same time, the employee himself can formalize labor relations with an unlimited number of employers, as long as this is permitted by law and the working day at a particular enterprise does not exceed 4 hours.

There are two types of combination 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, which sets out the specifics of the duties performed. The HR department creates an order confirming the hiring of the employee.

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

The employment process includes several mandatory stages. Here they are:

1. acquaintance of the applicant with the labor market and selection of a suitable offer;
2. sending a resume to the employer with contact information for feedback;
3. interview;
4. conclusion of an employment contract and registration of a specialist for an internship, probation or directly to the state.

Search for offers and interview

The first step—searching for the optimal work option—is not subject to mandatory regulation. Every citizen has the right to act at his own discretion - independently look for new vacancies in advertising publications, ask to be partners with friends and acquaintances, and use help that promote employment of the population.

Having made a choice, a person turns to HR department company or to a specific specialist responsible for recruiting. It is wise to first call and clarify whether the vacancy is still relevant, and then, if the answer is positive, send your resume to the specified email address.

If the candidacy seems interesting to employers, a call for an interview follows. During this process, it is determined whether the applicant meets all key requirements.

Usually the decision to accept an applicant is not made immediately after the end of the conversation, but later, when there are already several candidates for comparison.

Registration of a new employee

Once the candidacy is approved, the registration procedure begins. Very detailed and clear information about it can be easily found in. It is contained mainly in Chapter 11.

The future employee presents a kit including:

• passport;
• insurance certificate;
• work book;
• certificate and/or diploma;

Some subtleties:

• When first employed, the applicant usually buys a work book himself and brings it to the HR officer unfilled. If a person moves from one job to another, the book ends up in his hands. In case of loss old book a new one is being drawn up.
• Citizens liable for military service of military age, in addition to all the listed documents, present a military ID.
• When applying for employment in a number of professions, it is required to provide a certificate of no criminal record and other documents of this kind.

Those applying for a job are given a standard sample for the organization to sign. By signing, the new employee officially confirms his agreement with all provisions of this document.

Note: for foreign citizens and refugees, the employment procedure is slightly different.

Many job seekers 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 Official employment begins with 1st day Your work in the company. Your job begins with the hiring process. An employment contract must be concluded with you. He signs in two copies - by you and the employer. 1 copy remains in your hands.

2 Order for employment. They give it to you for review, and you sign it. The presence of an order confirms that personnel records management The company has officially completed your employment.

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 didn’t have one before), and make a record of hiring you for a specific position in the company you came to work for.

Important: this all happens on the first day of work!

Don’t 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 the documents from you and conclude an agreement from the date on which you actually started working, and provide your copies on the next business day. It's not scary. But all documents must indicate that you were hired exactly on the day on which you actually started work.

4 When you work in a company, official employment requires an official “white” wages 100% Your salary is paid 2 times a month and consists of an advance and actual wages. The advance portion can be 40-50% of the salary. Most often this is stipulated in the employment contract.

Your employer withholds income tax from your salary individuals. In addition, in addition to the amount specified in the agreement, it pays contributions to the Pension Fund, the Mandatory Fund health insurance and Foundation social insurance. The employer is yours tax agent and pays your income tax. Contributions to the pension fund are made so that your pension accumulates. Contributions to the compulsory health insurance fund are especially relevant for young women, because... they directly affect maternity payments. If, for example, part of your salary is “white” and part is not (your employer brings you your salary in an envelope), take this into account when you plan to go on maternity leave. Those payments that you will receive within 1.5 years after the birth of the child are calculated based on the official salary. It is used there average value for a certain period. If your official salary is 8,000 rubles, and the rest is brought to you in an envelope, then when you are on maternity leave, the employer will transfer you exactly this amount, despite the fact that your real income was higher. This is a big risk in unofficial salary.

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

The same applies to sick leave.

So, in order to understand whether your employer has officially hired 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 employment order.
• You must give your work book to the employer, and the employer is obliged to make a record of employment there. The work book is kept by the employer until last day Your work in the company.
• The employer must pay you wages 2 times a month and pay all taxes from your salary. You can check whether the employer does this by asking the employer for a certificate of income, and make sure that all the salary that you actually receive is taken into account in official records.