The main conditions for hiring a new employee are the correct registration procedure and step-by-step instructions. Rules for applying for a job

There are several options for formalizing the relationship between the person providing the work and the person performing it. The method of employment determines the procedure for applying for a job, the rights and obligations of the parties, responsibility, the procedure for paying taxes and mandatory contributions, and much more.

In Russia, the relationship between an employee (performer) and an employer (customer) can be formalized in one of the following ways:

1. Distant work.
2. Agency labor.
3. Unofficial employment.

Employment contract

Employment contract– an agreement between an employee and an employer under which the employee undertakes to regularly perform the functions assigned to him by the employment contract, to comply with work schedules, and the employer undertakes to provide conditions for the performance of work, provide the work itself and pay wages on time and in full. Relations within the framework of this agreement are regulated by labor legislation, in particular, the Labor Code and relevant federal laws.

Signs of an employment contract:

• inclusion of an employee in the staff of the organization with the obligation to perform labor functions for a certain position;
• compliance by the employee with internal labor regulations and working hours;
• impossibility of transferring work to third parties;
• the employer's obligation to regularly pay wages and ensure working conditions.

Procedure for registration of an employment contract

Registration for work according to labor legislation includes the following stages:

1. Receiving documents from the employee.
2. Familiarization of the employee with local regulations.
3. Conclusion of an agreement.
4. Preparation and registration of documents for the employee.
5. Making an entry in the work book.

When hiring an employee, the employer is obliged to pay personal income tax and insurance premiums for him, provide tax, statistical and other reporting provided for by the legislation of the Russian Federation, and respect the rights and interests of the employee.

You can find out more about the procedure for hiring under an employment contract.

Civil contract

Civil contract– an agreement between two or more persons, the purpose of which is to perform work or services specified in the contract. A civil contract is most often concluded when it is necessary to perform one-time work, if the volume of services provided is small and there is no point in hiring a person for a short period.

Types of civil contracts

There are several types of civil law contracts:

• contract;
• paid provision of services;
• commissions;
• transportation;
• transport expedition;
• trust management of property;
• instructions.

Note: concluding a civil law contract in general is much more profitable and convenient than drawing up an employment contract.

note that when concluding a civil contract, an entry is not made in the work book, but the time worked under the specified contract is included in the total length of service. If an agreement is concluded with an individual, the employer is obliged to pay income tax and insurance contributions to the Pension Fund and the Compulsory Medical Insurance Fund for the employee (contributions to the Social Insurance Fund are paid only if this is stipulated in the agreement).

Comparison of employment and civil law contracts

Main differences between an employment contract and a civil law contract

Sign	Employment contract	Civil contract
Subject of the agreement	Performing a labor function	The result of performing work or providing services
Possibility of involving 3 persons in the work	Impossible	Maybe
Compliance with internal labor regulations	Necessarily	Not necessary
Conditions for performing work	The employer is obliged to provide the employee with appropriate working conditions	The employer is not obliged to provide the employee with any conditions for performing work
Documentation	After drawing up the contract, it is necessary to draw up a large number of documents for the employee: employment order, staffing table, vacation schedule, personal card, work record book and SNILS (if the employee is getting a job for the first time), etc.	After execution of the contract, only an act of acceptance of work or provision of services is drawn up
Salary size	The salary cannot be less than the established minimum wage per month. The contract is considered invalid if it does not indicate the salary amount	The amount of payment is established by the contract and is not tied to the minimum wage; its indication in the contract is not necessary
Salary payment procedure	At least 2 times a month	The payment procedure is determined by the contract
Contract time	As a general rule, it is indefinite. In exceptional cases, a fixed-term contract may be concluded	Urgent only. The absence of a term in the contract makes it invalid
Possibility of extending the contract period	Maybe	Impossible
Tools to get the job done	Provided by the employer. An employee, in agreement with the employer, can use personal property, but in this case he is compensated for the wear and tear of this property	The employee uses his own funds to perform work (provide services)
Procedure for terminating the contract	An employee can only be dismissed for certain reasons. The employee himself has the right to terminate the employment contract at his own request.	The procedure for terminating the contract is provided in the document itself. There are no special conditions for its termination for both the employee and the employer.
Liability for failure to fulfill obligations stipulated by the contract	Administrative liability is provided for the employer, and disciplinary liability for the employee (discipline, reprimand, dismissal). There are no penalties for the employee	Penalties for the employee may be provided for by the terms of the contract. If the employer does not pay on time and does not accept the work, he is obliged to pay the employee interest for the use of other people's money.
Taxation	Income tax and insurance contributions to extra-budgetary funds for the employee are paid by the employer	If the agreement is concluded with an individual entrepreneur, personal income tax and he pays contributions independently

You can find out more about the types of civil contract, its pros and cons for the employer and employee.

Distant work

Remote work is recognized as the employee’s activities carried out outside the stationary place of work (at home, in transport, cafes, abroad, etc.). An employee usually receives a task from an employer remotely: by mail, via the Internet, etc.

There are two types of remote work:

1. Home-based.
2. Remote.

Home work involves the manufacture of products that have a tangible form, for example, collecting pens, growing mushrooms, embroidery, knitting, etc.

The result remote work is not a thing, but information, information, objects of intellectual property. Remote employees can be journalists, editors, content managers, copywriters, programmers, etc.

A remote worker can be registered under both an employment contract and a civil law contract.

Note: payment of mandatory payments and contributions depends entirely on the method of registration of the employee, and whether he has the status of an individual entrepreneur.

Agency labor

Agency labor is the work of employees at the order of the employer, carried out in the interests, under the management and control of persons with whom they do not have an employment relationship. Since 2016, agency work, with the exception of certain cases, has been prohibited in the Russian Federation.

There are 2 types of agency work:

1. Outsourcing.
2. Outstaffing.

Outsourcing the transfer of certain functions or tasks to a third party (organization, individual entrepreneur, individual) is recognized. Relations within the framework of outsourcing in most cases are formalized by a contract for the provision of paid services. Most often, accounting, tax and personnel records (preparation and submission of declarations, reporting, etc.), and legal support are outsourced. Since outsourcing does not involve the transfer of the contractor’s employees to the customer, this form of agency labor is permitted and can be used by the employer to reduce the cost of maintaining staff.

Outstaffing represents the transfer of employees from the contractor to the customer. Employees who are on the contractor's staff carry out their work and are subordinate to a third party. This work has been prohibited since 2016 and its use entails administrative liability.

An exception to the use of agency labor is made for:

• private employment agencies that meet certain conditions (accreditation, application of the general taxation system).
• legal entities when sending an employee to their affiliates, subject to the conditions and procedure for providing employees approved by the relevant federal law. To date, this law has not been adopted.

Unofficial employment

Working without official registration of an employee threatens the employer with quite serious problems. Current legislation provides for administrative, tax and criminal liability for illegal hiring and employment of employees.

Thus, according to the Code of Administrative Offenses of the Russian Federation, an employer can be prosecuted for violating labor laws, which in turn threatens him with a fine of 1,000 to 5,000 rubles. for individual entrepreneurs and from 30,000 to 50,000 rubles. for the organization.

The employer is brought to tax and criminal liability due to the fact that it does not properly fulfill the duties of a tax agent, namely, does not calculate and transfer to the budget the amount of taxes for its unregistered employees.

Before direct hiring and registration, there are several stages that are provided for by law, such as a medical examination, election to a position, or selection of an applicant for a position on a competitive basis, etc.

Step 1 . Honey. examination

Before an employee begins performing his duties, the employee must undergo a medical examination. This applies to the following categories of citizens:

1. Minors.

2. Persons starting work in trade, in the catering sector, as well as food industry workers, must undergo a medical examination first (before entering work) and repeat the procedure periodically (annually for workers under 21 years of age) without fail. .

Step 2. Civil contract

An individual can be hired only under a civil law or employment contract. A civil contract provides a number of advantages: contributions to the Social Insurance Fund are not mandatory, as are vacation pay and sick leave. But, this type of contract is provided only for the final result of labor, otherwise the contract will be recognized as an employment contract.

Step 3. Familiarization of the employee with job descriptions and other company standards

Job descriptions (optional)

Job descriptions are a list of employee responsibilities. Providing a job description is not necessary, but this step will help get rid of a number of problems and misunderstandings that arose between interested parties during the course of work.

Job descriptions are drawn up and signed in two copies, one copy for the employee, the other for the employer.

You can view and download job description samples in our special section.

Step 4. Conclusion of an employment contract in accordance with the staffing table

A convention agreed upon by an employer and his employee expressed in writing is called an employment contract. This agreement contains a list of rights and obligations that do not contradict the Labor Code of the Russian Federation, otherwise the agreement may be declared invalid.

In accordance with Article 67 of the Labor Code of the Russian Federation, an agreement has the right to exist only in writing, drawn up and signed by the parties in two copies. When concluding employment contracts with certain categories of citizens, labor legislation and other regulatory legal acts that set out the norms of labor law may provide for coordination of the likelihood of concluding employment contracts or contractual terms with certain bodies or persons who are not employers under these contracts. Or drawing up an agreement in more than two copies.

The employment contract must include certain information: mandatory conditions (Part 1 and Part 2 of Article 57 of the Labor Code of the Russian Federation), or additional conditions (Part 4 of Article 57 of the Labor Code of the Russian Federation).

An optional step is to draw up and sign a full MO agreement. But, at this stage, such an agreement can be very useful. It happens that such an agreement with the employee was not immediately concluded, and already in the process of work the employee often refuses to sign an agreement on full MO. The law does not provide for cases of resolving this situation, how to deal with a disobedient employee - force the employee to sign an agreement on full MO, or punish, or apply radical measures and fire. Lawyers, inspectors and judges have different opinions on this matter. In order not to find yourself in an unclear situation and not to prove and defend your position to someone, it is better to conclude a full MO agreement with the employee at the stage of registration and hiring. In this case, it is necessary to take into account the laws and conclude a contract only with certain employees.

The following positions must certainly be reflected in the employment contract:

1.You can specify a probationary period in the employment contract. In case of unsatisfactory performance, you can fire an unsuitable employee.

2. It is imperative to indicate the employee’s place of work with the designated structural unit in the employment contract.

3. In the employment contract, the employee’s responsibilities must be specified specifically and clearly, or job descriptions reflect the responsibilities.

4.The amount of wages must be specified in the employment contract.

5. There is a reflection of the employee’s rest and work schedule.

An employment contract is divided into several types: for a certain period (fixed-term agreement or contract), as well as for an indefinite period (most often used in practice). If, at the end of the contract, the employee continues to work at the enterprise, it is considered that the contract has been converted into an open-ended one. The employee must sign the employment contract in two copies. One is for the employee, and another copy is for the employer.

A sample employment contract for 2011 is available in our special section. An example of an employment contract form valid for 2011, a sample of which can be downloaded directly on this page.

If the working day is more or less a standard eight-hour day, then it is advisable to draw up a staffing table. In this situation, the employment contract states that wages are paid according to the staffing table.

Step 5. Concluding a liability agreement

An agreement on full individual training is not mandatory, but a desirable document when hiring an employee. The contract does not have a unified form, but there are established points that this document must contain

This agreement is drawn up primarily for employees of stores, warehouses, production points, and also often for ordinary office employees - in relation to office equipment. Concluding an agreement on full financial liability is also advisable when using money or other valuables in work. The agreement is signed in two copies, one copy - to the employee, the other - to the employer. You can download a sample Agreement on full individual MO in a special section of our website.

It is also important to note such a document as a trade secret agreement, which takes place in most of today's commercial organizations. This agreement is concluded at will; the parties sign not only the provision on trade secrets, but also an agreement on non-disclosure of trade secrets.

Step 6. The employee writes a job application

When applying for a job, the employee must draw up and sign an application. The application for employment is agreed upon by the applicant with the head of the structural unit of the enterprise in which he is hired, about which a corresponding written note (visa) is made on the application.

An application for employment must contain a resolution, as well as a mark on the execution of the document. If the job application is considered positively by the director of the company, then subsequent documentation of the applicant's hiring is carried out.

Step 7. Registration of the employment contract and the agreement on medical education in the book

Book of registration of employment contracts.

The employee who has received the MO and labor agreements signs receipt in the registration book. If something happens, the employer will always be able to prove that the employee was given these documents in person.

Step 8. Publication of the employment order.

The employment order is signed after the conclusion of an employment contract by the employee and the employer. There are unified forms of orders for hiring, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004, form No. T-1 “order or order for employment” and approved form No. T-1a “on hiring employees”.

It is used for registration and accounting of employees hired under an employment contract, and its content must exactly correspond to the conditions specified in the concluded employment contract. Ideally, the employment contract and the hiring order should not only not contradict each other, but should directly coincide.

To issue an order for employment (order for appointment to a position), Form N T-1 is used - for one employee, Form N T-1a - for a group of employees. Drawed up by the person responsible for hiring for all persons hired by the organization on the basis of a concluded employment contract.

When issuing an order (instruction) on the hiring of employees, the name of the structural unit, position (specialty, profession), the probationary period, if the employee is subject to a probationary period when hiring, shall be indicated, as well as the conditions of employment and the nature of the upcoming work (part-time, in procedure for transfer from another organization, to replace a temporarily absent employee, to perform certain work, etc.). When concluding an employment contract with employees for an indefinite period, the “to” column in the “Work period” details is not filled in.

The employee confirms that he has read the text of the order with a personal signature. According to current legislation, the employee is given three days from the date of actual start of work to familiarize himself with the order. After this, within 5 days from the date of start of work, the employer must make a record of hiring in the employee’s work book. Please note here: you should not rush to make this entry - it is better to wait until the employee actually goes to work, familiarize him with the order, and only after that make the appropriate entry in the work book. This is due to the fact that if an employee, having signed an employment contract, does not go to work within the agreed time frame, the organization can cancel the contract unilaterally (Article 61 of the Labor Code of the Russian Federation), and canceling an entry in the work book is more difficult.

Step 9. Reflection of the employment record in the work book.

A mark is also created in the work book. It is possible to simply accept the work book first, and then record the work. In accordance with Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers who are individuals but are not individual entrepreneurs) must keep work books separately for employees who have worked for him for five days or more, in the case where this work is the employee’s main income. The employer must issue a work book if the employee has not already had one. If, in addition to the main job, the employee also works in another job (part-time), then on the basis of documents confirming this fact, at the request of the employee, the information is reflected in the work book at the place of main earnings.

Step 10. Making an entry in the Book of the movement of work books.

It is necessary to reflect the information in the Book of Accounting for the movement of work books and inserts for these books, and we also fill out the Receipt and Expenditure Book for recording the forms of work books and inserts for these books. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 approved the forms of these documents. You can register personal cards of employees, for example, in the personal card register.

Step 11. Issuing a personal card for an employee

Each employee must have a personal card. Then, against signature on the personal card, it is necessary to familiarize each employee with the entries reflected in the card, as well as with the entries entered in the work book. There are unified forms approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. This is form No. T-2 “personal card”, form No. T-2GS(MS) “personal card of a state (municipal) employee”, as well as form No. T-4 “registration card of a scientific or scientific-pedagogical worker”. At this stage, it is only important to remember that the cards must be kept on paper, since they contain records about hiring, transfers, etc. The employee should be familiarized with signature.

Step 12. Registration of the employee’s personal file (optional)

Step 13. After registration: Registration with authorities

If an employer hires employees for the first time, he must register (within a certain time frame) as an employer with the following authorities:

1. To the pension fund, within 30 days.

2. You must register with the Social Insurance Fund within 10 days.

3.In the MHIF, up to 30 days.

Each new employment contract must be registered with:

1.Pension fund.

Refusal to register an employment contract for reasons of violation of labor legislation, low salary, or existing debt of the employer is not provided for by the legislation of the Russian Federation.

Medical insurance for an employee

For each employee, you need to obtain a medical insurance policy from the insurance company and hand it over to the employee. The employee, from March 1, 2011, must independently take out this policy.

Fines

Fines are assessed for incorrect registration, failure to register, or for failure to register in the relevant funds, in accordance with Article 5.27 Violation of labor and labor protection legislation (Code of the Russian Federation on Administrative Offenses).

An individual entrepreneur is assessed a fine in the amount of one to five thousand rubles, or an administrative penalty (suspension of the entrepreneur’s activities for up to ninety days).

Organizations are assessed fines from thirty to fifty thousand rubles, or administrative punishment (suspension of the organization’s activities for up to ninety days).

Social contributions for employees and payroll taxes

The employer must pay personal income tax at a rate of 13% for each employee, and in addition to this, transfers are made from their income to the FFOMS, Pension Fund, Social Insurance Fund, and TFOMS. These deductions are calculated depending on the type of activity and the chosen tax regime.

There are cases when an individual entrepreneur creates a workplace for himself, for example, opens a shoe repair shop. But more often, entrepreneurs need employees. Many people are engaged in retail trade and need salespeople.

A very important point is the correct registration of an employee for work. Here errors can result in a specific amount.

Let's look at how to properly hire people for your company.

A contract must be concluded with a new employee. Depending on the working conditions, two types of contracts are concluded: Labor or Civil law.
It depends on what nature of the work is expected, permanent or temporary.

These are two fundamentally different documents with significant differences.

The employment contract stipulates:

• Making an entry in the work book
• Providing mandatory guarantees: in the form of wages, paid vacations and sick leave, severance pay.
• Certain working conditions are prescribed for this position.

All contractual relations in this case are regulated by the Labor Code

With a civil contract, you agree with the employees on all the conditions and write it down in it; you do not formalize the employment contract. In this case, you rely on the Civil Code.

In both cases, information is submitted to insurance funds. This is the Pension Fund, the Mandatory Medical Insurance Fund, and only if an Employment Agreement is concluded, data is also submitted to the Social Insurance Fund (insurance contributions: maternity leave, accidents, occupational diseases). And all these contributions, the individual entrepreneur as an employer is obliged to pay for the employee.

Another important point: sometimes entrepreneurs enter into a Civil Agreement instead of an Employment Agreement. For example, they hire a salesperson, and in order to save on deductions, they draw up a Civil Agreement. Is it dangerous. If an employee goes to court to have such a contract recognized as an employment contract, then most likely he will win. And the entrepreneur will have to pay for everything that he underpaid, even if this was an employment contract.

How to properly register an employee's appointment

I’ll say right away that in the case of an individual entrepreneur, you are not required to keep complete personnel records. There are certain unified forms that are maintained in the personnel departments of enterprises. But some documents are still worth getting.

Take from the employee a photocopy of the passport, work book and SNILS (pension insurance certificate - such a green card). As for the work record, if a person gets a job for the first time, then you are obliged to get him a work record. And the insurance certificate, by the way, is the same.
From those liable for military service, you additionally need to take copies of the document on military registration and possibly documents on education. For example, to register as a pharmacist in a pharmacy, you need a diploma and certificate. For some specialties you will need a medical book.

It is not necessary to write a job application; it is at your discretion.

How to draw up an employment contract

Article 57 of the Labor Code sets out the requirements for this agreement. The position for which the employee is applying, working hours, working conditions, and information about vacations must be specified. The terms and conditions of remuneration must be specified.

Don't forget to list your job responsibilities correctly. You can make an insert directly from the job description. The employee is not obliged to do anything that is not specified in the contract.

If there are job descriptions, the employee must sign in the contract that he has read them.
Two copies of the agreement are made, one for you and one for the employee. Have him sign on your copy that he has received the contract in hand.

Now all that remains is to make an entry in the work book about hiring.

Now the employee takes out a compulsory health insurance policy independently.

That's basically it. But I want to talk a little more about registration in social funds.

Registration in extra-budgetary funds

When you hire a person, you have thirty days to register with the pension fund as an employer (ten days in the Social Insurance Fund).
You need to come to the pension fund with documents on individual entrepreneurs (this is a certificate of registration and registration with the tax office), your passport and an employment contract for the employee. Write an application there and after registration, you will be notified that you are registered as an employer.

If you fail to submit information on time, you will be fined five thousand rubles. If this process takes you more than 90 days, then you will have to pay ten thousand.

For the Social Insurance Fund, in addition to these documents, take also the employees’ documents and a certificate of opening a bank account. There is no need to delay the same, here the fine for an Employment contract is already twenty thousand rubles, and for a civil one - five and ten, as in the Pension Fund of the Russian Federation and the delays are the same. But a civil contract is registered only if such a need is stated there. In other cases, FSS registration is not required.

Hiring employees is a big responsibility and you need to take every little detail seriously when concluding an employment relationship.

Recruitment is being processed within 3 days from the date the employee actually started working (Article 67 of the Labor Code of the Russian Federation). Read our article about what documents an employee must submit when applying for employment and how the employer formalizes his/her employment.

Hiring procedure

Hiring a person is a personnel procedure that begins the labor relationship between employer and employee. Errors in the preparation of documents are fraught for the company with claims from government authorities, and in the event of an incident between the parties, legal proceedings.

The procedure for hiring a newcomer depends on the organization in which he is employed (in the civil service, personnel procedures have their own nuances).

The employee’s hiring is formalized in 2 stages:

1. The employee submits the documents necessary for employment and writes an application for employment.
2. The employer draws up personnel documentation.

In accordance with Art. 65 of the Labor Code of the Russian Federation for employment, a citizen will need:

• passport or other identification document, for example, a passport of a foreign citizen;
• employment history;
• military registration documents;
• SNILS (pension certificate);
• educational documents;
• certificate of no criminal record (for employment in the police, customs, educational institutions, FSB, bailiff service).

NOTE! If your company will not be the employee’s main place of work, he does not have to present a work book. If an employee gets a job for the first time, the employer issues a work book and SNILS for him.

The list of documents for employment is not closed. Separate legislative acts establish the mandatory availability of additional documents for certain professions or categories of citizens. For example, when applying for a job, foreigners present a VHI policy, a work permit or patent, a temporary residence permit in the Russian Federation, a residence permit (Article 327.3 of the Labor Code of the Russian Federation). During employment, the driver will be asked for a driver's license, and the seller - a personal medical record (clause 1 of Rospotrebnadzor order No. 402 dated May 20, 2005).

Many employers require a TIN certificate when hiring, although this document is not included in the list established by the Labor Code of the Russian Federation. However, we recommend requesting it, since since 2016, tax authorities have tightened the rules for checking 2-NDFL certificates (letter from the Department of Taxation of Property and Income of Individuals of the Federal Tax Service of Russia dated November 23, 2015 No. 11-2-06/0733), including the correctness of filling out the employee’s TIN .

In addition, according to the Federal Law “On the suspension of certain provisions of legislative acts...” dated December 29, 2015 No. 385-FZ, organizations and entrepreneurs using hired labor, starting from April 1, 2016, will have to report monthly to the Pension Fund. Among the information that the policyholder must provide is the TIN (subclause 3, clause 2.2, article 2 of Law No. 385-FZ).

When applying for a job, an employee writes an application addressed to the manager. By law, this procedure is not mandatory for commercial organizations, but job applications are prepared in many companies. In it, the employee indicates the position, as well as the date from which he will begin work. The manager endorses the application and transfers it to the department responsible for processing personnel documents.

IMPORTANT! To apply for a civil service position, an application is required (Article 26 of the Federal Law “On Civil Service” dated July 27, 2004 No. 79-FZ).

Preparation of documents when applying for a job

Based on the employee’s application and the manager’s order, the personnel department registers the employee as a member of the staff. The procedure is as follows:

1. The employee studies local regulations (internal labor regulations, regulations on wages and bonuses, rules for storing and processing personal data, etc.) and signs that he is familiar with them (Part 3 of Article 68 of the Labor Code of the Russian Federation) .

NOTE! Every company must have the listed internal regulations. In the article you will find a list of mandatory personnel documentation and the amount of fines for its absence.

1. The employee reads the employment contract and signs it. The employment contract comes into force from the day it is signed by the parties or from the day the work begins (Article 61 of the Labor Code of the Russian Federation). One copy of the employment contract remains with the employer, the second is taken by the employee.
2. The personnel service, within 3 days from the date the newcomer starts working, forms an order for his employment (Article 68 of the Labor Code of the Russian Federation). It is signed by both parties to the employment relationship.
3. The personnel service makes a record of hiring in the work book. If an employee has worked for less than 5 days or this work is not his main job, there is no need to write anything in the work report (Part 3 of Article 66 of the Code of the Russian Federation). At the request of a part-time worker at his main job, he can be given a record of employment in a new place.
4. Based on information about the employee, the personnel officer fills out a personal T-2 card.

You can read more about the procedure for filling out the T-2 form in this.

Results

We reviewed the documents required for registration of employment in accordance with the Labor Code of the Russian Federation and other legislative acts. Other personnel documents are drawn up depending on the employee’s position and the established rules for personnel records management in the organization.

We have covered issues related to the correct registration of labor relations between entrepreneurs and employees on our website more than once. For your convenience, we decided to create simple and understandable instructions showing the picture of the relationship between the individual entrepreneur and his employees as a whole.

Features of an individual entrepreneur as an employer

In addition, in some articles of the Labor Code, without indicating the status of the employer, they use the concept of “employees of the organization,” i.e. Such requirements do not apply to all employers, but only to employer organizations.

The obligation to pay severance pay upon termination of an employment contract due to a reduction in headcount or staff is prescribed only for organizations (Article 178 of the Labor Code). Article 180 of the Labor Code provides for a number of other guarantees and compensations, also only for employees of organizations. An individual entrepreneur can also pay severance pay to his employee, but on a voluntary basis, indicating such conditions in the contract.

Thus, you need to know that The law does not always impose the responsibilities of an employer on an individual entrepreneur in full.

Where to start registering an employee when hiring

The employer's brief procedure looks like this:

1. Concluding a contract with an employee - labor or civil law.
2. Registration of an individual entrepreneur with the Pension Fund and the Social Insurance Fund if this is the first contract concluded with an employee for the entrepreneur.
3. Registration of the employee in accordance with the Labor Code, if an employment contract is concluded.