Theoretically, hiring employees for individual entrepreneurs cannot be called difficult. After all, an individual working for himself is not required to maintain a complete personnel document flow, according to the law.

But in order to avoid problems during inspections by regulatory authorities, it is highly desirable to draw up at least a minimum set of documentation for conclusion labor relations with an employee.

If it is planned to hire the first employee, then the procedure for collecting and processing papers will be longer than when registering subsequent personnel.

So, step by step design an employee to work for an individual entrepreneur:

note that an individual entrepreneur has the opportunity to choose the design of both an employment and a civil law contract.

The first option is appropriate if the employee is hired on a permanent basis for a long time. For part-time work or the performance of time-limited work, the conclusion of a civil law document is much more relevant.

Writing a job application for an individual entrepreneur is not an indispensable requirement, according to the current legislation, however, in life it is almost always carried out. The application is written in free form, but in general it is similar to a document on admission to the service of an organization.

Below is an example document:

Sample document for review:

The order of acceptance to work

The order for employment is a much more serious paper. This document must necessarily reflect such information as:

• full name of the employee (full name);
• Job title;
• salary amount;
• probationary period;
• duration of action (urgent, indefinite);
• Document Number.

The order must contain the signature of the individual entrepreneur, as well as the signature of the employee under the provision that he is familiar with all the conditions and has no complaints. The reason for writing the order is a contract for employment in an individual entrepreneur, previously concluded with a hired person.

In the picture of the photo of the document:

Sample document below:

Important! It is not allowed to issue an order earlier than the date of creation and signing employment contract.

The employment contract must contain the rights and obligations of both the hired person and the entrepreneur are clearly spelled out, address and place of work, social guarantees employee, work schedule and weekends, as well as all the items specified in the order for employment.

Contract example:

Document photo for review:

How to make an entry in the work book when hiring an individual entrepreneur?

An employee's personal card is best made on cardboard or thick paper (whatman paper). Such a card is issued in the T-2 format - this is unified form, which was approved by the Decree of the State Statistics Committee of January 5, 2001 No. 1.

The entry of an employment entry into the work book occurs when the signing of the employment contract took place. When concluding a civil law contract, an entry is not allowed.

Entry in the work book about hiring for an individual entrepreneur, sample:

Registration of an individual entrepreneur in a pension fund and a social insurance fund

Regardless of the type of contract concluded with the first employee, the entrepreneur is obliged to register it with the pension fund of Russia no later than 30 days from the date of its execution and signing.

To register, you must provide documentation such as:

• private owner's passport;
• an agreement with an employee;
• IP registration certificate (copy certified by a notary);
• certificate of registration of an individual with the Federal Tax Service.

If a private trader does not submit documents to this authority within 90 days, the legislation provides for the imposition of a fine on a negligent employer in the amount of 5,000 rubles. If the delay is more than this period, the penalty is doubled.

An individual entrepreneur must register with the Social Insurance Fund of the Russian Federation within ten days from the date of conclusion of an employment relationship with an employee. What documents will be needed?

Important! As in the situation with the FIU, registration with the FSS must occur no later than 10 days from the date of execution of labor documents. Otherwise, the penalty for delay for individual entrepreneurs will be from 5 to 10 thousand rubles, depending on the type of contract.

These are the basic rules for hiring an individual entrepreneur. When hiring subsequent employees, a private trader is obliged to comply with the same legislative requirements as when hiring his first assistant. On the other hand, such procedures will become familiar and will be carried out faster and easier.

An individual entrepreneur is a full-fledged economic entity, leading economic activity for the purpose of making a profit. Apart from independent work, IP has the right to attract hired employees. Are there any differences in the procedure for registering employees, and is it necessary for an individual entrepreneur to record an entry in the work book for himself?

Registration of labor relations between the entrepreneur and employees

The Labor Code provides that individual entrepreneurs can act as employers. Business expansion requires the involvement of additional work force. The reception of employees is a common practice.

Considering that the obligations of an entrepreneur, as an employer, practically do not differ from the actions of legal entities, an individual entrepreneur must be prepared for some material costs in connection with this fact. In addition to the payment wages, prerequisite a transfer for employees of insurance premiums in off-budget funds, withholding taxes.

In order to calculate insurance premiums from the amounts of calculated wages, you will need to obtain registration numbers in the FSS. Previously, an entrepreneur needed to have 2 registration numbers in the Pension Fund: for himself personally and for employees. Due to the fact that the administration of payments to the pension since 2017 began to be carried out by tax services, such a need has disappeared. One registration number received by the entrepreneur at the beginning of the activity is enough.

Work for an individual entrepreneur on a work book

Employment of employees by an individual entrepreneur is carried out according to general rules. An individual entrepreneur has the same rights and obligations as legal entities. Entrepreneurs can establish a probationary period, require employees to perform their functions in accordance with an employment contract.

The list of documents that should be requested from employees when registering an employment relationship is as follows:

• Russian passport or other identity document;
• SNILS number;
• medical book (if there are legal requirements);
• military ID;
• employment history.

Is it mandatory to work with an individual entrepreneur on a work book? Yes, the provisions of the Labor Code of the Russian Federation require that relevant employment records be made if the employee has worked for more than 5 days.

How to record an individual entrepreneur in a work book the fact of hiring an employee? Here you should also be guided by the rules on work books established by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225. The employer will need to provide:

• the name of the employer;
• the date of the transaction;
• details of the document - grounds;
• position held by the employee.

At the initial employment of an employee, the entrepreneur is obliged to independently start a work book.

It should be remembered that regardless of whether a work book is needed or an employee works part-time, there is a need to draw up an employment contract.

Does an entrepreneur need to register himself personally at work

In the presence of employees, it is required to formalize labor relations in accordance with all the rules of the Labor Code of the Russian Federation. But if the activity is carried out independently, is it necessary for the individual entrepreneur to make an entry in the work book to himself?

Legislatively, this possibility is not provided. An entrepreneur may have the status of an employer, but it will not be possible to formalize a unilateral labor relationship.

Nevertheless, the experience of an individual entrepreneur is counted on a general basis, including for future pension provision. A document confirming the fact of work is a certificate of state registration.

Electronic Claims for Taxes and Contributions: New Referral Rules

Recently, the tax authorities have updated the forms of claims for payment of debts to the budget, incl. on insurance premiums. Now the time has come to correct the procedure for sending such requirements to the TMS.

Pay slips do not need to be printed.

Employers do not have to give employees pay slips on paper. The Ministry of Labor does not prohibit sending them to employees by e-mail.

"Physicist" transferred payment for the goods by bank transfer - you need to issue a check

In the case when an individual transferred to the seller (company or individual entrepreneur) payment for the goods according to non-cash payment through a bank, the seller is obliged to send a cashier's check to the buyer-"physicist", the Ministry of Finance believes.

The list and quantity of goods at the time of payment is unknown: how to issue a cash receipt

Name, quantity and price of goods (works, services) - mandatory details cash receipt(BSO). However, when receiving an advance payment (advance), it is sometimes impossible to determine the volume and list of goods. The Ministry of Finance told what to do in such a situation.

Medical examination for working at a computer: mandatory or not

Even if an employee is busy working with a PC for at least 50% of the working time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace according to working conditions.

Changed operator electronic document management- inform the IFTS

If the organization has refused the services of one electronic document management operator and switched to another, it is necessary to send the TCS to tax office electronic notification of the recipient of documents.

Special regimes will not be fined for fiscal accumulators for 13 months

For organizations and individual entrepreneurs on the simplified tax system, unified agricultural tax, UTII or PSN (with the exception of certain cases), there is a restriction on the allowable validity period of the fiscal drive key of the used CCP. So, they can only use fiscal accumulators for 36 months. But, as it turned out, while this rule does not actually work.

Consideration of the issue of an entry in the work book in relation to an individual entrepreneur has two main aspects. The first aspect is how the individual entrepreneur makes an entry in the work book for himself. The second concerns situations when an individual entrepreneur makes entries in the work books of employees. We note that neither one nor the other aspects are clearly regulated by law. Therefore, these questions need further clarification.

Employment history

In the work book of each employee of the organization and the individual entrepreneur, information is recorded about his labor activity and experience. Such information is strictly regulated on the basis of the Labor Code of the Russian Federation and by-laws.

The form and procedure for compiling work books are approved in two regulatory legal acts:

• Rules of April 16, 2003 N 225 (hereinafter referred to as the Rules);
• Instructions of October 10, 2003 N 69 (hereinafter referred to as the Instruction).

Note that none of them contains special rules and any features in relation to IP. However, such features still exist.

Do I need a work book IP

The Labor Code of the Russian Federation indicates three types of employers, one of which are individuals registered as individual entrepreneurs. Thus, the status of an individual entrepreneur in labor relations directly follows from the norms of labor legislation: an individual entrepreneur is not an employee, but an employer. An employee is a person who entered into an agreement with an employer labor relations(Article 20 of the Labor Code of the Russian Federation).

It is obvious that an entrepreneur cannot enter into an employment relationship with himself. Therefore, an entrepreneur is not an employee in the sense given to this concept by Article 20 of the Labor Code of the Russian Federation.

Based on Article 66 of the Labor Code of the Russian Federation, employers are required to keep work books for employees.

Thus, we come to the conclusion that an individual entrepreneur does not maintain a work book, because. The law does not provide for such an opportunity.

The question of how and where exactly one should record the activities of an individual entrepreneur (if not in a work book) to calculate the length of service is regulated by legislation in the field of pension provision. The insurance experience includes the activity of an individual entrepreneur, therefore, the main confirmation of the fact of employment and the corresponding experience for an individual entrepreneur is a certificate of state registration of the status of an entrepreneur with a tax authority.

Work for an individual entrepreneur on a work book

Individual entrepreneurs in the cases specified in Article 66 of the Labor Code of the Russian Federation. are required to keep work books in respect of employees employed by them.

Legislation (in particular the Rules and Instructions) does not take into account some aspects of the status of an entrepreneur in the context of the issue under consideration.

For example, on the basis of clause 3.1 of the Instruction, the work book must reflect the full and abbreviated name of the organization.

In this case, this paragraph should be interpreted not in relation to the organization as legal entity, but in relation to the employer, i.e. IP.

With this in mind, the entry should be made in accordance with the certificate of registration as an individual entrepreneur.

Last name, first name and patronymic (if any) must be indicated in full, without abbreviations.

In addition, it should be borne in mind that the presence of a seal is not mandatory requirement for employers. Meanwhile, the Rules and Instructions in individual cases require it to be put on the pages work book. An individual entrepreneur, who does not have such a requisite, has the right to certify the relevant records with his signature.

Also read:

Is an entry made in the work book SP to oneself

The legislation of the Russian Federation considers the work book (TK) as main document, which is the basis for confirming the length of service of the employee. Individual entrepreneurs (IEs) have the right to issue work books from the beginning of 2006. But, entrepreneurs were introduced to the procedure for filling out such documentation relatively recently. At the moment, you can fully familiarize yourself with the maintenance of work books by individual entrepreneurs in the legislative documentation.

Is it possible to make an entry in the IP work book for yourself?

Individual entrepreneurs were obliged to make entries in the Labor Code from March 1, 2008. 132 Government Decree fully regulates this process. In it you can find all the subtleties regarding how to handle workers' books.

The answer to this question is quite simple. An individual entrepreneur cannot make records for himself in the labor because he is not able to enter into an employment relationship with himself. Another thing is hired employees, for whom labor is the responsibility of the entrepreneur. In the absence of a book from a person entering work, the employer must buy it. The cost of the sample, with the consent of the worker, will be deducted from his first paycheck.

Registration and maintenance of the shopping mall takes place in the same way as in ordinary organizations. If the main workplace of the employee is an individual entrepreneur, then the mark will be made no earlier than 5 days after the person enters work. When this is a part-time job, then the main employer will make a proper mark on the basis of a supporting document on employment with an individual entrepreneur. The rules used for part-time employment, and not for individual entrepreneurs, will apply here.

Registration of the Labor Code for an employee who has not previously worked anywhere is carried out entirely at his expense. Either he gives the money to the cashier or there is a deduction from the salary with his approval. Most often, the second scenario is used.

Maintaining IP documentation should not differ from generally accepted standards. Nobody canceled the establishment personal cards for employees and issuing an order by which a person is accepted for a position. There is standard forms documentation to be followed.

Let's clarify why it can't.

• An individual entrepreneur is not an "employer" for himself.
• The activities of the IP "work" is not listed.

Registration

The entry in the TC is made in its entirety, without any abbreviations, thus, "IP Potemkin A.S." - mistake. A sample of the correct entry: "Individual entrepreneur Potemkin Alexander Sergeevich."

An entry in the Labor Code can only be made if there is an employment contract, since it is he who is the basis for starting an employment relationship (and then an order for admission to the state).

It is not difficult to understand that an individual entrepreneur does not conclude an agreement with himself, since he does not have sufficient grounds for this. Registration in the TC is also not performed. There is no payout. There is a banal explanation for this - when a person registers as an individual entrepreneur, such actions are regarded as entrepreneurship, and not labor.

Is the period of stay in IP status taken into account when calculating pensions? There is a clause in the Pension Legislation according to which entrepreneurship is taken into account when calculating the total length of service, which is confirmed by the registration certificate of the individual entrepreneur. To calculate a pension, the TC must be properly filled out so that calculations of the total length of service of the employee can be made.

According to the Federal Law on pension insurance, individual entrepreneurs have the right to receive an old-age pension, but it must first be accumulated.

When an individual has been registered as an individual entrepreneur, he begins to make mandatory insurance contributions:

• General (fixed) contributions, the amounts of which are the same, but can increase or decrease depending on current legislation undergoing amendment.
• Pension contributions for each of the hired employees, depending on their salary and bonuses.

Read also: The difference between part-time work and reduced work time

In order to qualify for a pension, contributions must be fixed. When an individual entrepreneur ceases to operate, the Pension Fund will issue him a certificate confirming the length of service during his stay in the status of an entrepreneur. This certificate will then need to be presented along with the shopping mall to calculate the total length of service.

Documents confirming the status of IP

1. Certificate of registration as an individual entrepreneur.
2. Notice of registration in the Pension Fund as an insured.
3. Any documents that can confirm insurance deductions.

It's almost impossible to do anything right. Nobody is immune from this. In a certain period of time, it may turn out that the entry made once by the IP was made incorrectly. This cannot be ignored - it needs to be amended. Try it, find an employer and ask them to make changes.

If the IP ceased to exist or went to another place to conduct business (well, you can’t find it in the same place), then corrections are made by the enterprise that found the defect. To do this, you should obtain the proper document from an inattentive individual entrepreneur.

If such a document is available, any adjustments will be made, whether it is a change in surname or other data. Again, any information entered requires confirmation, so you should provide a passport, a document on the conclusion of a marriage or termination thereof, a birth certificate, since the reference to the number and date of the base document will be made in the Labor Code.

A new entry is made after crossing out the previous one with one straight line. Data from the supporting documents are written on the inside of the book cover.

Nothing from the sections "Information about work" or "Awards" is not crossed out even with a straight line, just below the entry "Declare invalid" is entered, and then amendments are entered. The information in the TC is updated when transferring to another position, changing the name of the organization, etc.

Dismissal

An entry on dismissal is made to the Labor Code on the day of dismissal. On the same date, the individual entrepreneur undertakes to pay all the amounts due to the employee and hand over the completed documents. The dismissal record always contains the p / p number, date, reason with reference to the Code, the data of the dismissal Order, the seal and the IP data with a signature. Upon completion, the signature of the dismissed employee is put.

It is even difficult to imagine how, in the presence of an appropriate law, individual entrepreneurs would accept and dismiss themselves. How can you talk about yourself in the 3rd person, let alone write? It’s good that you don’t have to do this, although most employers would be satisfied with this option.

Non-compliance with existing laws

Sometimes, employees who come to work for individual entrepreneurs do not want to present a work book, and this is not because it does not exist - the reason for this behavior remains a mystery. How, then, in such a case, the employer should fulfill his obligations to fill out the document? You cannot create a new form, since there is already a main document.

So, in order not to get a fine of 50 minimum wages for improper paperwork, draw up an act that will be signed by witnesses. About what? That the employee does not want to transfer the personal TC to the IP and refuses to name a weighty reason for such behavior. In addition to a fine, they can suspend the activities of the enterprise even for 3 months.

There were cases when a court decision imposed on an individual entrepreneur not only a fine for the lack of keeping documents or making mistakes, but also had to compensate for the moral damage to the employee.

Now you are familiar with the main provisions that every self-respecting entrepreneur should know by heart when hiring employees for certain positions. A work book is not a piece of paper that can be crumpled up and thrown into the trash, and then get a new one. You will have to make a lot of efforts to achieve the restoration of a damaged book or the creation of a duplicate.

Keeping a work book by an entrepreneur

Entrepreneur (IP) and work book. Filling out the IP work book

The work book is the main document on the work activity and work experience of the employee. Since 2006, individual entrepreneurs have also received the right to issue them. However, legislators have only recently clarified the specific procedure for maintaining work books by individual entrepreneurs.

Since March 23, 2008, the obligation of individual entrepreneurs to keep work books for all those who work for them for more than five days has been specified. Thus, the Government Decree came into force Russian Federation of March 1, 2008 No. 132 "On Amendments to the Decree of the Government of the Russian Federation of April 16, 2003 No. 225".

Who and where makes an entry in the work book of an individual entrepreneur (IP)?

The Labor Code of the Russian Federation obliges entrepreneurs to keep work books for all employees, but no entries are made in their own labor IP, since entries are made in the work book about labor activity, and not entrepreneurial.

In accordance with the law, an individual entrepreneur has the status of an employer, not an employee. He cannot conclude an employment contract with himself, as there will be no other party in the employment relationship. Therefore, an individual entrepreneur (IP) has no legal grounds to maintain a work book for himself.

An individual entrepreneur himself and no one else can make an entry in the work book!

Note. Individual entrepreneurs are not entitled to draw up a work book for themselves. A person who is or was an individual entrepreneur should not have any records of his own work in his work book.

Sole proprietors are required to pay Pension Fund RF insurance premiums for your future pension. As long as deductions are in progress and you are registered as an individual entrepreneur, you are going to have seniority. If you terminate your activity, then to calculate a pension, the Pension Fund will issue you a certificate of your work experience .

Registration of the IP work book

The Labor Code obliges employers to keep work books for each employee. If the work of an individual entrepreneur is the main activity, then an entry in the "labor" is made only if the employee has worked for more than five days. When issuing a book, keep in mind that there can be no abbreviations even in the name of the employer, for example, "IP Vasiliev V.V." should look nothing more than "Individual Entrepreneur Vasiliev Vladimir Vasilievich".

If an employee who has never worked anywhere before comes to an individual entrepreneur, then he needs to draw up a work book. The employee, in turn, must compensate for the cost of purchasing the book by depositing money at the cash desk (clause 47 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). With the consent of the employee, the required amount can be deducted from his salary.

Entries in the work book about the reasons for termination of the employment contract must be made in strict accordance with the wording Labor Code or other federal law. The corresponding link must also be written in the work book.

Dates in all sections of work books are produced Arabic numerals. For example, if an employee was hired on May 7, 2008, an entry is made in the work book: “05/07/2008”.

The surname, name and patronymic of the employee are indicated in full. Abbreviations or replacement of the name and patronymic with initials are not allowed. The date of birth (day, month, year) is entered in the book on the basis of a passport or other identification document (for example, a military ID, a foreign passport, a driver's license, etc.).

A record of education is made only on the basis of a certificate, diploma, etc., and if education is incomplete, then on a student card, record book, certificate educational institution. Each entry is assigned a serial number.

Also, information about the work performed by the employee, transfer to another permanent position and dismissal must be entered into the work book.

In the latter case, the grounds for termination of the employment contract must also be indicated.

It should be borne in mind that information about rewards for success in work is entered in the work book, but not about penalties. The exception is when disciplinary action is dismissal.

There are situations when, for one reason or another, employees of an entrepreneur do not want to submit their work books. How to fulfill the obligation to maintain a work book in this case? It is not necessary to issue a new one, since the employer is not given the right to start another work book for the employee if the previous one is available. And in order not to fall under administrative punishment (a fine of up to 50 minimum wages) for violating the procedure for maintaining a work book (Article 5.27 of the Code of Administrative Offenses of the Russian Federation), it is necessary to draw up an appropriate act signed by several witnesses stating that the employee was asked to submit a work book, from which he refused without explanation.

The name of the employer must be spelled out in full in the work book. For example: "Individual entrepreneur Vasiliev Vladimir Vasilievich."

Major changes

The issue regarding the storage of a work book, which the employee did not receive in case of dismissal or death, was taken into account. Thus, the documents must be kept on demand by the employer in accordance with the requirements for their storage. According to the amendments, the issue of storage and transfer of documents will be regulated by the legislation on archives.

Note. Before the entry into force of the decree, employers had to keep work books for 52 years (2 years in the personnel department, 50 years in the archive).

In addition, legislators highlighted the issue of mistakes made by individual entrepreneurs in work books. So, if an incorrect or inaccurate entry is found in the work book made by an entrepreneur whose activity has been terminated, the correction must be made to the employer at the new place of work. Let us consider in more detail the cases of error correction.

Read also: They want to fire on their own what to do

Since February 2008, Gosznak has been supplying a hologram as a measure to protect work book forms. It is used at the request of the employer issuing the work book. She can protect the invariable elements of the form, for example, the number, the signature of the person who issued the form, the seal of the employer. Forms of work books and inserts without holograms are valid.

Correcting errors in the workbook

As they say, no one is immune from mistakes, therefore, if an error is found in the work book, it must be corrected. The best option- ask the person who made the inaccuracy, that is, the previous employer, to do this.

Note. CORRECTION OF RECORDS IN THE WORK BOOK. Legal recommendations are given on the correct correction of errors in the work book.

If the previous employer cannot be found (for example, the company is liquidated, and the entrepreneur has moved), then the employer who discovered the error has the right to make the adjustment. However, this requires an official document from the place of work where the mistake was made.

On the title page of the work book, edits are made on the basis of a specific document. For example, changing the entry about the surname - based on the data of the passport, birth certificate, marriage or divorce with reference to their number and date. On the basis of the same documents, they change the name, patronymic and dates of birth that are entered incorrectly in the labor. The previous entry is crossed out with one line and a new entry is made. On the inside cover of the work book, links are made to the documents on the basis of which the changes were made.

At the same time, it is not allowed to cross out incorrect entries in those sections of the work book that contain information about the work or awards of the employee. Such records must be “recognized as invalid”, and then the correct ones must be entered.

In the case when the entrepreneur, having re-registered, changed his name, and changes must be made to the book.

IP workbook. Registration of the section "Information about work" in connection with a change in the name of the employer - an individual entrepreneur

Since the entrepreneur as an employer acts on the basis of registration documents, it can be assumed that it is more correct to make an entry in the work book specifically about the renaming of the employer. In this case, the entry will look like this: “Individual entrepreneur I.I. Ivanov (IP Ivanova I.I.) from 09/01/2012 was renamed into an individual entrepreneur I.I. Petrova (IP Petrova I.I.)”. Such conclusions follow from clause 3.2 of the Instruction. approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

So at the beginning of the section "Information about the work" Columns 1 and 2 of the section do not fill out. Enter in column 3. In column 4, indicate the documents on the basis of which the changes were made.

ASK YOUR LAWYER A QUESTION!

Entry in the work book of an individual entrepreneur

When an entry may appear in the work book of an individual entrepreneur

A person who performs individual entrepreneurial activity, can obtain the status of an employee if he enters into an agreement with another employer as an employee. Only in this case, an appropriate entry is made in his document on employment.

An individual entrepreneur can make an entry in the work book for himself if he registers as a legal entity and appoints himself CEO or others official. In this case, he himself can record his employment as a general manager.

part-time

There are cases when an entrepreneur combines his activities with work for hire. Then, in the organization in which he works, a document will be created for him as for an ordinary employee. Despite this, he will have to continue to contribute fixed contributions in the FIU as an entrepreneur, accumulating funds for a future pension.

Filling order

Personnel workers are often interested in how individual entrepreneurs make entries in a work book. Information in the books of employees with whom the individual entrepreneur has concluded contracts is entered according to the general rules, in accordance with the Decree of the Ministry of Labor of the Russian Federation dated 10.10.2003 N 69 "On approval of the Instructions for filling out work books".

The name of the employer must be spelled out in full, for example: "Individual entrepreneur Ivanov Viktor Vasilievich."

Sample entry of an individual entrepreneur in a work book

How to verify your experience?

Article 6 federal law dated December 15, 2001 No. 167-ФЗ “On Compulsory Pension Insurance in the Russian Federation” states that the IP itself belongs to the insurers under the compulsory pension insurance program. Therefore, his seniority is taken into account at the expense of the contributions that he deducts to the Pension Fund. In order to confirm the length of service as a legal entity, the FIU issues an appropriate certificate during deregistration.

Calculation of sick leave and other benefits

To calculate sickness benefits. pregnancy and childbirth, the total experience of an individual entrepreneur does not have to be confirmed by an entry in the labor record. In accordance with the requirements set forth in paragraph 11 of the Order of the Ministry of Health and Social Development dated February 6, 2007 No. 91 "On approval of the rules for calculating and confirming the insurance period. ", periods of individual work activities are confirmed either by certificates from financial authorities or archival institutions on the payment of payments for social insurance (if we are talking about the period before January 1, 1991), or a document from the territorial body of the Social Insurance Fund of the Russian Federation on the payment of payments for social insurance (for the period from January 1, 1991 to 31 December 2000 and for the period after January 1, 2003). The length of service confirmed in this way can be reflected in the employee's personal card (T-2 form).

Despite the fact that the pension of the majority of currently working Russians will depend on actual savings, and not work experience, entries in the work book have not lost their relevance. They affect the amount of sick pay, the likelihood of obtaining a loan, and who in our country can be sure that the procedure for calculating pensions will not change a few more times? Therefore, personnel officers are sometimes asked to make a fictitious record of work in the work book. How harmless it is, let's look at an example.

The work book is the main document of the employee. It records data on the length of service and career growth of a person. Subsequently, the information from the form will be useful when applying for pensions. Therefore, it is so important that the form is drawn up in accordance with the established rules. In this article, we will tell you about how to make entries in the work book correctly.

Sometimes, for various reasons, employees decide to leave the organization. Or termination of the contract occurs at the initiative of the employer. Information about this is entered on the employee's form. We will talk about how to make the correct entry in the work book about dismissal in the article.

How to restore a work book if it is lost? The answer to this difficult question depends on who is responsible for the loss of the document - the employer or the citizen himself. In the first case, the employer must deal with the restoration. In the second - the owner of the form. We will tell you more about recovery methods below.

The old adage is that "the one who does nothing makes no mistakes." It is important to notice the error in a timely manner and correctly correct it. For a number of errors made in the work, detailed algorithms and instructions for correcting them have been developed. You just can't tell everything in the manual...

Entry in the work book of IP

Everyone knows that an entry in a work book is the main argument about the length of service and work activity of an employee. The book is issued regardless of who the employee works for. The law obliges each individual entrepreneur (IP) to fill out the work books of their employees five days after they start work. But if everything is clear with the employees, then who should make an entry in the work book of the individual entrepreneur himself? Let's try to understand this issue further.

Filling out a work book

It would be logical to assume that the individual entrepreneur should make an entry for himself, since he is the head of the entrepreneurial process organized by him. But actually it is not. The work book is kept to record the length of service, and not entrepreneurial activity. And the legislator clearly separates these two concepts. Accordingly, an entrepreneur who is in the status of an employer cannot employ himself or conclude an employment contract with himself. And an entry in the work book is made precisely on the basis of a signed employment contract. Therefore, an individual entrepreneur cannot issue a work book for himself.

However, do not worry that all the time spent on entrepreneurial activity will not be taken into account by seniority. After all, even working as an individual entrepreneur, a citizen makes contributions to the account of the Pension Fund. He also takes into account his seniority, accumulates funds for a future pension. Therefore, the main goal for which it is necessary to maintain a work book is achieved in addition to it. If necessary, the Pension Fund can always issue an appropriate IP certificate.

pension question

In order to finally dot all the "i", let's take a closer look at the issue of calculating the IP pension, given that he cannot put an entry in the work book for himself. First of all, the law directly indicates that the experience of entrepreneurial activity is counted in the length of service. You can confirm this experience not with a work book, but with a certificate of registration of an individual entrepreneur. It is the date of issue of such a document that is the beginning of the deduction of seniority as an individual entrepreneur.

In Russia, a work book is the main document containing information about the work activity and length of service of an employee. Since 2008, the obligation to maintain and fill out work books has also appeared for individual entrepreneurs. From this article, you will learn whether it is possible to keep entries in the work book for yourself and how this issue is regulated at the legislative level.

Who is IP

An individual entrepreneur is an individual who is registered as an individual entrepreneur and conducts entrepreneurial activities without forming a legal entity. In other words, even after passing the state registration procedure, an individual entrepreneur remains an individual.

IP is registered at the address of permanent registration of a citizen. Unlike a legal entity, an individual entrepreneur is not a priori an employer. He is obliged to register in this status only when he concludes the first employment contract with an employee. Also, IP does not have constituent documents, in which organizations enter information about all the changes made.

What law regulates the mandatory maintenance of IP work books

A lawyer will advise you in the comments to the article

Filling out a work book by an individual entrepreneur (sample)

Sole proprietors, like other employers, personnel office work, including filling out work books of employees. Consider the specifics for individual entrepreneurs and give a sample entry in this document.

Hiring IP employees

The generally accepted procedure for registering employees of all organizations, including individual entrepreneurs, is established by Art. 68 of the Labor Code of the Russian Federation:

• first, an employment contract is concluded by the employee and the employer;
• further, on its basis and in accordance with the conditions specified there, an order for employment is issued;
• the order (instruction) must be announced to the accepted employee against signature within 3 days;
• before signing an employment contract (hereinafter - TD), the employee must be familiarized with the collective agreement adopted in the organization and local regulations in the field of labor relations (the current regulation on wages and bonuses, internal labor regulations, shift schedules, etc.).

Other norms regulate the remaining mandatory stages of employment, in particular, making an entry about hiring in the work book of the employee, filling out the T-2 card, etc.

The labor of workers individuals(including IP) is devoted to Ch. 48 of the Labor Code of the Russian Federation.

It does not establish any exemptions from general procedure recruitment and registration.

Personnel accounting at IP

For employees, the absence of the employer's seals in their labor documents is also undesirable - it will certainly lead to problems.