Registration of an employee under an employment contract. Procedure for drawing up an employment contract How to draw up an employment contract correctly

In addition to the Labor Code of the Russian Federation, the obligations and rights of the parties to labor relations, their responsibilities, as well as a number of other issues that arise during the implementation of activities, are regulated by an employment contract (LA). Drawing up an employment contract guarantees the protection of the employee’s rights and the fulfillment of the obligations imposed on the employer properly. The rules and conditions for registering citizens under an employment agreement are enshrined in law.

Is it necessary to conclude an agreement?

According to the norms of civil law, the hiring of an employee must be accompanied by the drawing up of an employment or civil law contract. The absence of one of the listed documents is a direct violation of the law and may result in the employer being held legally liable, even criminally.

If a situation arises that the employer did not know about the violation, the person who allowed the employee to work without a contract without first agreeing on this issue with the manager bears responsibility.

Attention! Employment based only on an order or notes in a work book is prohibited. Drawing up an employment contract is a condition that must be fulfilled in relation to each employee.

According to Article 67 of the Labor Code of the Russian Federation, admission to work without an agreement is permitted only if it is drawn up within the next three working days. In this case, the day on which the employee actually began to fulfill his obligations is considered the moment the contract was concluded.

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Employer's liability

Registration for work under an employment contract is carried out in accordance with legislative norms.

  1. information about the employee and employer (company name, full name and passport details of the employee, individual entrepreneur details);
  2. where and when the contract was concluded;
  3. information about the parties’ identification documents;
  4. information about the employer’s authorized representative, including data on documents substantiating his having the necessary powers;
  5. the place where the activity will be carried out (exact address);
  6. the proposed position provided for in the staffing table;
  7. information about the term of the contract (for urgent ones). Unlimited ones indicate only the date when the employee must begin fulfilling his obligations;
  8. remuneration, terms of payments (salary amount, date of payment, terms of bonuses and the use of various types of incentives);
  9. working hours and vacation time;
  10. information about working conditions;
  11. compensation system at enterprises with hazardous working conditions;
  12. social insurance conditions.

The requirements regarding the content of the agreement are established by Art. 57 Labor Code of the Russian Federation.

Registration procedure

The procedure for registering labor relations on the basis of a contract involves going through several stages.

These include:

  1. Providing the employee with the documents necessary to implement the procedure.
  2. Carrying out organizational activities aimed at familiarizing employees with local legal acts.
  3. The stage of direct conclusion of the agreement.
  4. Carrying out registration actions, processing employee documents.
  5. Recording the necessary data in the work book.

Providing documents

The stage of concluding a TD is preceded by receiving from the candidate the necessary documents, the list of which depends on the following factors:

  • the position for which the candidate is applying;
  • requirements for a particular position.
Attention! A certain category of candidates is required to undergo a medical examination. The list of such persons is strictly regulated by special regulations.

Mandatory documents

List of required documents:

  • identification document of the applicant.
  • the candidate's work record;
  • original insurance certificate OPS (SNILS);
  • military ID (for those liable for military service).
Important! If a candidate gets a job for the first time and, accordingly, does not have a work book or insurance certificate, the employer is obliged to issue these documents to him.

The rule does not apply to remote employees whose documents were exchanged via electronic correspondence. Employees in this category receive SNILS independently from the Pension Fund of the Russian Federation, after which they send the necessary information to the employer.

Additional

Documents that are of secondary importance and/or are provided only in cases established by law include:

  • application on behalf of the candidate for employment;
  • educational documents (certificate, diploma, certificate, etc.);
  • a medical book or certificate indicating that a routine medical examination has been completed (applies only to a certain category of persons);
  • a document confirming that the candidate does not have any outstanding or expunged criminal records in accordance with the procedure provided for by law.
Important! This requirement is relevant for teachers, civil servants, as well as representatives of law enforcement agencies.
  • tax number;
  • international passport;
  • work permit.
Important! Providing a patent is necessary in case of hiring a foreign national. Registration of foreigners without permission is prohibited.
  • certificate in form 2-NDFL (for employees entitled to receive tax deductions);
  • documents confirming marriage and presence of children;
  • certificate of income of the second spouse (for officials, employees of the Central Bank of Russia, municipal employees);
  • information on salary for the two years preceding the current one (for calculating sick leave);
  • medical documents indicating that the candidate does not have any diseases that would prevent employment in the Far North (if the place of work is located in this region).

Who needs to undergo a medical examination

The requirement to undergo a medical examination is mandatory for candidates applying for employment in the following areas:

  1. Education.
  2. Catering.
  3. Trade.
  4. Creation of water supply facilities.
  5. Providing medical services.
  6. Execution of underground works.
  7. Transport traffic.

In addition, the following must undergo a medical examination:

  • persons under 18 years of age;
  • employees of enterprises with hazardous production, as well as organizations with unsafe working conditions;
  • shift workers;
  • applicants for work in the regions of the Far North.

The presented list is not exhaustive and is governed by the norms of special legal acts.

Local acts that must be read

Immediately before starting work, the employee must be familiarized with local regulations.

Local acts can be divided into two categories:

  • basic (available at all enterprises);
  • secondary (to be reviewed only if available at the enterprise).

List of main regulations:

  • rules to protect working conditions;
  • IVR (internal regulations);
  • staffing schedule;
  • acts regulating the procedure for remuneration;
  • instructions specifically designed for storing personal data.

List of documents required for review:

  • job descriptions;
Additional information! The law does not establish uniform requirements for the preparation of job descriptions, so the employer independently develops the text of the document. The presence of this local act at the enterprise is not mandatory; instructions can be recorded in the TD.
  • agreement on the conditions and procedure for applying financial liability;
  • acts regulating document flow at the enterprise;
  • collective agreement;
  • regulations on social security of employees;
  • other local acts.

The fact that an employee has familiarized himself with the contents of local regulations is confirmed by his signature on the familiarization sheet, which is subsequently filed and sealed with the seal of the organization and the signature of an authorized person.

Conclusion of an agreement

The employment agreement is drawn up in 2 copies, one of which remains with the employer, the second is given to the employee.

A mandatory requisite for each sample is the employee’s signature.

Pay attention! The number is not classified as a mandatory detail; it can be entered at the request of the employer to simplify the document flow procedure.

In addition, in relation to employment contracts of enterprises with the legal form of JSC and LLC, there is no requirement to certify the document with a seal.

Duration of the contract

According to the duration of validity of TD there are:

  1. Urgent (valid for no more than 5 years).
  2. Indefinite.

If the right of the parties to conclude fixed-term agreements is not limited by law, then with regard to unlimited ones the situation is somewhat different.

In accordance with Article 59 of the Labor Code of the Russian Federation, urgent TDs are concluded in the following cases:

  • if a permanent employee is temporarily absent, so the fulfillment of his obligations is entrusted to another person;
  • performing temporary or seasonal work, the duration of which does not exceed 2 months;
  • undergoing practical training, internship, obtaining vocational education;
  • registration in an organization created for a specified period to perform specific tasks;
  • holding an elected position or working in an elected body.

In cases provided for by law, it is also possible to conclude a fixed-term contract by agreement of the parties. As a rule, this applies to retirees, part-time workers, full-time students, managers and representatives of creative professions.

Paperwork

The procedure for hiring an employee is not limited to the conclusion of a TD. In addition, you must complete:

  • employee personal card;
  • employment order;
  • card for recording the amount of charges and deductions;
  • tax register form for income and income tax;

Entry in the work book

The employer's responsibilities include entering information about hiring into the employee's work book. The exception is cases of part-time employment.

The information recorded in the work book must correspond to the employment order. The powers necessary to implement the procedure rest solely with the employer or an authorized person.

Watch the video about the employment contract

On the same topic

Hiring occurs after a successful interview, but few people know how this procedure occurs and what nuances should be taken into account when applying for a new job.

An employment contract is an agreement between an employer and a hired employee. It specifies all working conditions, wages, and also lists all the duties that the employee must perform after taking up the position.

Drawing up an employment agreement is a very responsible action and must be approached with the utmost care. Let's consider the procedure and rules for drawing up an employment contract.

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);
  • 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 products, they will definitely require a medical record.

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;
  • Work 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.

Term of imprisonment

When drawing up an employment agreement, the validity period is indicated. All such documents can be divided into 2 groups:

  • Urgent;
  • Indefinite.

Fixed-term contracts include those whose validity period is less than 5 years, but if the conclusion period exceeds this figure, then it is called unlimited.

Is it possible to change

The Labor Code of the Russian Federation (LC RF) allows changes to be made to the employment agreement. More details about this procedure can be found in Article 12 of the Labor Code of the Russian Federation. In the Labor Code, all reasons for making changes to an employment contract are divided into the following types:

  • In connection with a transfer to another position;
  • Change of management of the organization (owner);
  • Dismissal;
  • By agreement of both parties.

The Labor Code allows changes to the contract without the employee’s consent (unilaterally), but this is only possible in certain cases. In most situations, changes occur only with the consent of the employee.

Our company, like other representatives of medium-sized businesses, has long used a standard employment contract.

It was developed eight years ago by employees of the legal department. Much water has flown under the bridge since that time. And the employees too. Neither I nor the HR director paid attention to the contract itself or to the possibility of drawing up an annex to it.

After talking with colleagues during a legal battle with an employee, I realized that we were not the only ones.

Most employees work quietly until it is time to leave. Basically, the application is written at your own request. But everyone understands that this is a pure formality, beneficial for both parties.

It is quite difficult to fire a person under an article, but it is much easier to explain to him how to write a statement in a popular manner. But our company found itself in a situation where an employee was fired. And finally I decided to dance on our nerves.

His claim is that he performed, or rather was “forced” to perform, functions for which he did not sign up. As a result, he was physically unable to cope with his job responsibilities, and then he was fired.

Terms and obligations

The employment contract must specify all the conditions and responsibilities of the new employee, on the basis of which he receives a particular position in the company.

The characteristics of the work and the requirements for its implementation must be described clearly and in detail so that there are no misunderstandings later.

Please note that the Labor Code prohibits requiring an employee to perform duties that are not specified in the terms of the contract.

Therefore, think through each item in advance, preferably taking into account the company’s plans, the implementation of which may require the participation of a new employee.

Let's start with the standard things and then move on to the most interesting ones.

In order to correctly draw up an employment contract, you should pay attention to the following information:

  • full name of the employer (both individuals and legal entities) and full name of the employee;
  • documents proving the identity of the employee and the employer - a private person;
  • information about the employer’s representative and documents confirming his authority to conclude an agreement - for a legal entity;
  • date and place of conclusion of the contract;
  • employee's place of work;
  • list of labor rights and responsibilities of the employee;
  • validity period of the employment contract (start date of work or specific period of validity up to 5 years);
  • terms of payment (tariff rate or salary, allowances, additional payments, bonuses);
  • work and rest regime (work schedule, number of working hours, additional days off, etc.);
  • compensation for difficult working conditions or work with harmful or dangerous conditions, if such are required by law;
  • information about specific responsibilities (unscheduled business trips, etc.);
  • on providing the employee with medical and social insurance without fail in accordance with the law;
  • other conditions that were not included in the previous list and that do not contradict Russian legislation.

Additional terms

Most often, we introduce additional conditions depending on the position or responsibilities. This:

  • probation;
  • conditions of non-disclosure of trade secrets; terms of additional insurance;
  • employee financial liability and more.

The employment contract is concluded in two copies, signed by both parties and certified by the seal of the company hiring the person.

After hiring a new employee, familiarize him with the hiring order and other possible regulations of the organization, as well as the collective agreement. It is worth considering common mistakes when concluding a contract. Most employers face them.

Miscellaneous things

The order and the contract do not correspond to each other: the employment contract includes points that are important for the employer, which he prescribes in the employment order.

But the contract is primary, so all disputes that arise will be resolved on its basis.

What to do: Ideally, the employment order and the employment contract should fully comply with each other. But if there is no desire to write long orders, then they can state the terms of the contract in abbreviated or incomplete form.

The most important thing is not to include provisions in the order that contradict the contract or are not specified in it at all. In this case, they will have no legal force.

Probation

It happens that the contract does not directly say about the probationary period and does not set specific dates. Then the employee is considered hired without a probationary period.

And it becomes impossible to fire him as having failed the test.

What to do: It is necessary to stipulate a certain probationary period in the contract. As a general rule, it cannot exceed 3 months, and for managers and accountants – 6 months.

A very important point: the period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.

For no reason

A fixed-term employment contract is concluded without sufficient grounds: if the employer does not want to enter into a new agreement, and the employee does not agree with this, he can go to court with a statement of violation of his rights.

In doing so, he will rely on Article 58 of the Labor Code of the Russian Federation. It provides for a ban on concluding fixed-term employment contracts in order to evade the provision of guarantees to which the employee would be entitled if a contract was concluded with him for an indefinite period.

What to do: The Labor Code of the Russian Federation (Article 59) establishes an exhaustive list of cases in which a fixed-term employment contract can be concluded with an employee. An employment contract should be drawn up in accordance with it.

Then no court will accuse the employer of violating the rights of the employee.

After the rain on Thursday

Suppose you find yourself in a situation where the contract has expired, and the employee continues to work at the company: in this case, it is considered that the contract has become indefinite. Even if you entered into a new contract for a certain period, it no longer matters.

What to do in the event that the term of the employment contract has expired, and you do not want to turn it into an open-ended one? It is necessary to issue orders to dismiss the employee and rehire him.

Only after this can you conclude another fixed-term contract.

Otherwise, the contract can be transformed into one concluded for an indefinite period on the basis that neither party requested its termination when the term expired.

Where am I?

The employment contract does not indicate the specific place of work of the employee: then it becomes very difficult to fire the employee for absenteeism.

The court may reinstate the dismissed person and oblige the organization to pay him compensation in the amount of the earnings that he could have received from the moment of dismissal until the day the sentence comes into force.

What to do: It is mandatory to specify in the contract the employee’s place of work, indicating the structural unit. And in no case should you limit yourself to general phrases.

A structural unit should be understood as branches, representative offices, as well as departments, workshops, areas, etc. Therefore, it is better to play it safe and name a specific place where an employee’s absence for more than 4 hours will be considered absenteeism.

"Floating" duties

The employee's responsibilities are stated very briefly or vaguely in the contract.

The employer does not have the right to demand the performance of work not stipulated by the employment contract. It will be difficult to object to a subordinate’s statement that certain tasks are not part of his duties.

Especially if you want to fire him because he failed to cope with these “additional” responsibilities.

What to do: spell out the responsibilities in great detail, as already mentioned, taking into account possible additional functions.

Standard contract forms are not suitable - they specify responsibilities too vaguely, and this can lead to serious consequences.

You also can’t do without a job description, but we’ll talk about that a little lower.

If there is not even this, then you, as an employer, will not be able to prove either to the employee or to the court in the event of a dispute that he was not suitable for the position held.

In any case, the prescribed duties can become your argument when dismissing a person. Imagine a situation where you reasonably, directly, point by point, explain exactly which issues he could not cope with.

Understanding in this case can be achieved. Or another situation: you say that the employee cannot do this and that, and he replies that he didn’t sign up for this at all, or thinks that he did it, and you can keep your opinion to yourself. The confrontation is obvious.

Private firms are not required to create job descriptions for their employees. This obligation is established only for government agencies. But the choice is yours. Ultimately, you can make your life easier.

What did you sign up for?

Lack of job description: In the contract, the employer specifies that the employee must perform duties “in accordance with the job description,” but no instructions are attached to it.

Moreover, the employee was not even familiar with the instructions located in the HR department.

What to do: provide the employee with a copy of the job description.

He needs to study it carefully and sign the original.

The second option is to indicate in the contract itself that the job description is an “integral part of the contract”, attach it to the contract and provide the employee with both documents. And of course, he must subscribe to the application too.

By the way, based on the experience of my lawyer: make it a rule to sign yourself and submit absolutely all pages of documents for signature. This is reinsurance, but in business anything can happen.

We're going downhill

The contract specifies the maximum salary, and then it changes (lowers) depending on the circumstances.

Such actions are illegal and can be appealed in court. According to the Labor Code, you must notify the employee at least two months in advance, and in writing. The law will still be on the employee’s side. Don't expose yourself to the article.

As usual, the unfortunate person must sign the “sentence,” thereby confirming that he is familiar with it.

What to do: indicate the minimum salary in the contract. And everything else should be paid in the form of various bonuses. These could be bonuses, various compensations, etc.

The conditions for receiving such payments must be specified in the regulations on wages at the enterprise.

No one has seen a copy

The second copy of the contract was not given to the employee or a receipt was not taken from him.

In both cases, the employee may claim that the contract was not provided to him.

What to do: Always conclude an employment contract in two copies. One remains in the HR department, the other with the employee. Moreover, the first one should be done differently - from the employee. Moreover, on the first one you should make a note that the second copy was handed over to the employee. Then there will be no complaints.

"She's pregnant..."

Termination of an employment contract at the initiative of the employer with persons with whom he does not have the right to terminate it.

Such employees may apply to the court to demand reinstatement. In addition, for such violations of labor legislation, the employer may be subject to a fine in the amount of 500 to 5,000 rubles (according to the Code of Administrative Offenses of the Russian Federation).

And if the violation is not eliminated, the manager may be disqualified in court for up to three years.

What to do: remember the list of persons with whom the employer does not have the right to terminate the employment contract on its own initiative.

These are pregnant women; women with children under three years of age; single mothers raising children under 14 years of age; workers under the age of 18; employees during periods of temporary incapacity for work.

Elena Menshova, expert of the magazine "Consultant"

The first thing an employee must do after successfully passing an interview and receiving a job offer is to enter into an employment contract. In order to secure your rights and obligations as correctly as possible, it is necessary to correctly draw up an employment contract.

Definition of “Employment contract”, according to the Labor Code of the Russian Federation:

An employment contract is a document that consolidates the relationship between an employee and an employer, according to which the latter undertakes to hire an employee for a certain position, provide appropriate working conditions, pay wages on time and in full, and the former must fulfill all duties assigned to him in accordance with the position , functions and adhere to the daily routine adopted in this organization.

Procedure for drawing up an employment contract

After the employee and employer have reached a verbal agreement on all issues related to the upcoming position, the process of drawing up an employment contract begins. Conventionally, the employment contract is divided into 3 stages.

Stage 1. Submission of documents

The employee submits to his employer, or rather, submits to the HR department the following documents:

  • Passport;
  • A document confirming the completion of higher education or a certificate of specialty if the training has not yet been completed;
  • Work book;
  • Certificate of state pension insurance;
  • Military ID;
  • Certificate of assignment of TIN;
  • Medical insurance policy.

If the person being hired has not yet been officially employed, then the employer must help with the preparation of a work book, tax identification number and insurance certificate.

Those who draw up a contract for part-time work, instead of a work book, need to present a copy of it or a certificate from the place of work, which is the main one.

At this stage, the employer familiarizes the employee in detail with the rules and internal documents related to his upcoming activities at this enterprise. The employee puts his signature, which signals that he has familiarized himself with the documents and is ready to take on the responsibility of fulfilling the above.

Stage 2. Drawing up and signing an employment contract

Let's consider the rules for drawing up an employment contract.

There is no unified form of employment contract, therefore each organization develops its own contract for employees. But there are general rules for its preparation that every employer must follow in accordance with the Labor Code of the Russian Federation:

1. The employment contract is concluded in two copies in writing. After the parties sign, one copy is given to the employee, and the second remains with the employer.

2. The employment contract must contain the following information:

    • representation of the parties,
    • Full name of the employee, his qualifications,
    • position and nature of the work performed,
    • start date of work,
    • type of employment contract (fixed-term/indefinite),
    • contract for the main place of work/part-time work,
    • is the test established and what is its duration,
    • rights and obligations of the employer,
    • employee rights and obligations,
    • characteristics of working conditions,
    • features of working hours,
    • duration of annual leave,
    • the amount of official salary and types of additional payments,
    • deadlines for payment of wages,
    • type of social insurance,
    • signatures of the parties.

3. The conditions specified in the employment contract can be changed in writing by mutual agreement of the parties.

4. At the request of the employer or for individual positions, the terms of non-disclosure of official or commercial secrets are specified in the employment contract.

5. Also, at the request of the employer, a probationary period is established to check the professional suitability of the employee for the position held.

6. Persons over 16 years of age can independently conclude an employment contract. At the age of 15, it is allowed to conclude a contract to perform light labor; from the age of 14, the contract is drawn up with the consent of the guardianship authority or one of the parents.


7. According to the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract without explaining the reason. Such a refusal can be appealed in court.

Stage 3. Start of employment relationship

The employment contract is considered to come into force from the date of signing, and is also the basis for drawing up an order for employment.

The employee must begin his duties on the date specified in the contract. If such a date is not specified, then the agreement comes into force the next day after signing the agreement.

Now you know how to draw up an employment contract in the best possible way, thanks to this your rights are reliably protected, and your relationship with the employer will be transparent and fruitful.

Article 63. Age at which it is permissible to conclude an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen years.

In cases of receiving basic general education, or continuing to master the program of basic general education in a form of education other than full-time, or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm. their health.

With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student who has reached the age of fourteen to perform light labor in his free time from school that does not harm his health and does not disrupt the learning process.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed.

Article 64. Guarantees when concluding an employment contract

Unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for by federal law.

It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work.

At the request of a person who is denied an employment contract, the employer is obliged to provide the reason for the refusal in writing.

Refusal to conclude an employment contract can be appealed in court.

Article 65. Documents presented when concluding an employment contract

When concluding an employment contract, a person applying for work presents to the employer:

passport or other identity document;

work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

insurance certificate of state pension insurance;

military registration documents - for those liable for military service and persons subject to conscription for military service;

a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to require from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

Article 68. Registration of employment

Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement.

General order of registration:

    Introducing the employee to the organization’s labor regulations and working conditions

    Signing an employment contract

    Issuance of an order in form T-1 on employment on the basis of a concluded TD

    Registration of T-2 card

    Entry in the work book

    Conducting TB training