Step by step instructions on how to hire an employee. Can an individual entrepreneur hire workers and how to do it correctly under a contract

Today, a fairly large number of citizens are individual entrepreneurs. However, whether it is possible for an individual entrepreneur to work with an individual entrepreneur is of interest to many representatives of small businesses. Can a person who is registered as an individual entrepreneur get a job in another company, or hire employees on his own? The work of an individual entrepreneur has a lot of nuances that you need to know about in order not to make problems for yourself.

Does an entrepreneur have the right to hire other people?

Sole proprietorship is legal form business registration, which is the middle step between an individual and a legal entity. An individual entrepreneur has the opportunity to have a lot of work attributes that legal entities use. These include the presence of their own seal, current account.

Many believe that since this form of doing business is called individual, the individual entrepreneur does not have the right to hire other employees. In this case, this is a big mistake, since a businessman registered as an individual entrepreneur is not at all obliged to work alone in his company. An individual entrepreneur has every right to hire other people to work in his company, but for this you need to be able to properly draw up the documentation. Moreover, in some cases, as employees not only individuals can act, but also people registered as individual entrepreneurs. Often, entire companies with a large staff of employees can work for one individual entrepreneur.

Can a sole proprietorship have a hired director?

According to Russian law, no one can forbid an individual entrepreneur to hire people for work. At the same time, a businessman has the right to appoint various positions, including such high ones as the director of the company.

However, it is worth remembering that all responsibility for the activities of the company will lie on the shoulders of the individual entrepreneur on whom the company is registered.

Even in the case when a high-ranking boss or general director appears in the company, all responsibility cannot be shifted to him in case of unsuccessful activities of the company.

If you look, then such cases are generally very rare. Few people think of registering an IP in order to appoint another person as a director. Most often, companies that have bosses, including CEOs are legal entities.

How do sole proprietorships hire employees?

Individual businessmen who plan to work not alone, but in a company, should remember the rules for hiring employees. In this case, it is best to look at the civil law form of the contract. It is an agreement of this type that must be concluded to begin with, and then proceed to the execution of an employment contract.

It should be noted that working with an employment contract can be extremely difficult for beginners in this business. If an individual entrepreneur has not previously drawn up such a document, then difficulties will arise. In this case, it is necessary to collect two packages with documentation at once: one of which will go to Pension Fund, and the other in Social Service. In addition, a businessman is obliged to register as an employer within the time limits established by Russian law.

If the company employs employees, the employer must submit quarterly reports to the Pension Fund and Social Services. In addition, one additional report must be submitted each year. All this greatly complicates the process of doing business. Therefore, not every individual entrepreneur is in a hurry to hire workers under an employment contract.

At the same time, paperwork becomes several times larger. In addition, it takes a lot of time and money. Fines are not excluded, for example, in case of late registration of an individual entrepreneur in the Social Insurance Fund.

For this reason, when an individual entrepreneur interacts with other individuals, individual entrepreneurs or companies, it is first of all necessary to invite a competent accountant to work, who will resolve issues with hiring staff and maintaining other documentation.

Can an individual entrepreneur work for hire?

It is not uncommon for a person who has been registered as an individual entrepreneur to plan to take a job with another company. In some cases, Russian citizens are forced to open IP by the need to legalize their income, which may come from side sources. These include activities in the worldwide network or the rental of personal housing.

In order for an individual entrepreneur to apply for a job in another company, there is no need to close your IP. This type of business registration indicates that its owner is an individual. At the same time, nothing prevents him from formalizing an employment relationship with an LLC or other individual entrepreneur.

If the employer will draw up an employee under an employment contract, then the latter does not need to report that he is registered as an individual entrepreneur. In this case, the accounting department of the company will make all the necessary deductions, so tax service and other departments there should be no claims in this regard.

An exception

An individual entrepreneur can easily formalize his relationship with another individual entrepreneur or company, however, unless we are talking about working in government bodies.

V Russian legislation states that civil servants do not have the right to conduct individual entrepreneurial activities.

When applying for a job, a person is required to write a receipt stating that he is not engaged in any type of business.

Those entrepreneurs who are registered as sole proprietors and are also co-founders or owners of one or more companies should be very careful. Such businessmen often attract the special attention of tax officials as entrepreneurs using schemes to evade taxes.

Joint cooperation of two IP

In the life of people in business, there are often various situations. Two individual entrepreneurs You may need to formalize your employment relationship. This can be done if one individual entrepreneur agrees to work for another. However, there are options for equal ownership common business two individual businessmen.

As an example, consider the option when two people, registered as individual entrepreneurs, have a business related to the transportation of goods. For example, everyone has a truck for transporting goods around the country and abroad. Both businessmen plan to combine their efforts and work together alternately on one and the other machine.

To avoid possible misunderstandings in the future and possible conflict situations, you need to be able to properly formalize your employment relationship.

The simplest option would be to draw up a partnership agreement, that is, a contract concluded between several individual entrepreneurs who undertake to combine their contributions and conduct joint activities without forming a new legal entity.

This type of contract can be concluded exclusively between individual entrepreneurs or commercial organizations. At the same time, everyone must make their contribution, which can be money, any kind of property, knowledge and skills, reputation or a business idea. Investments from each side must be equal, and all income received by the parties is a common shared property.

Keeping documentation, including accounting, can be one of the parties to the partnership. This is written into the contract. Each party may use the common property by agreement. If it is impossible to reach a compromise, the court helps to resolve this issue. Responsibility for the activities of the joint company should be distributed equally to each party to the agreement.

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 (executor) and an employer (customer) can be formalized in one of the following ways:

1. Remote work.
2. Borrowed labor.
3. informal employment.

Labor contract

Labor contract- an agreement between the employee and the employer, according to which the employee undertakes to regularly perform the functions assigned to him by the employment contract, observe the labor schedule, and the employer undertakes to provide conditions for the performance of work, provide the work itself and pay timely and in full wages. Relations within the framework of this agreement are regulated by labor legislation, in particular, the Labor Code and the relevant federal laws.

signs employment contract:

• the inclusion of an employee in the staff of the organization with the obligation to perform labor functions in a specific position;
• compliance by the employee with the rules of internal labor regulations, work schedule;
• inability to transfer work to third parties;
• the obligation of the employer to regularly pay salaries and provide working conditions.

The procedure for registration under an employment contract

Registration for work under labor law includes the following steps:

1. Receiving documents from the employee.
2. Familiarization of the employee with local regulations.
3. The conclusion of the contract.
4. Preparation and registration of documents for the employee.
5. Making an entry in the workbook.

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, observe the rights and interests of the employee.

You can familiarize yourself with the procedure for hiring under an employment contract in more detail.

Civil contract

Civil contract- an agreement between two or more persons, the purpose of which is the performance of works or services specified in the contract. A civil law contract is most often concluded if it is necessary to perform one-time work, if the volume of services provided is small and it makes no sense to hire a person for a short period of time.

Types of civil law contracts

There are several types of civil law contract:

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

Note: the conclusion of a civil law contract as a whole is much more profitable and convenient than the execution of an employment contract.

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

Comparison of labor and civil law contracts

The main differences between labor and civil law contracts

sign	Labor contract	Civil contract
Subject of the contract	Performance of a labor function	The result of the performance of work or the provision of services
Opportunity to hire 3 persons	Impossible	Maybe
Compliance with internal labor regulations	Necessarily	Not necessary
Conditions for doing 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 the performance of work
Documentation	After drawing up the contract, it is necessary to draw up a large number of documents for the employee: employment order, staffing, vacation schedule, personal card, work book and SNILS (if the employee gets a job for the first time), etc.	After the execution of the contract, only an act of acceptance of work or provision of services is drawn up.
Size of salary	The salary cannot be less than the established minimum wage per month. The contract is considered invalid if it does not contain an indication of the amount of salary	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
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, it may fixed-term contract	Only urgent. The absence of an indication of the term in the contract makes it invalid.
Possibility to extend the term of the contract	Maybe	Impossible
Tools to get the job done	Provided by the employer. The employee, in agreement with the employer, can use personal property, but in this case he is compensated for the depreciation of this property	Worker uses own funds to perform work (render services)
The procedure for terminating the contract	An employee can only be fired for certain reasons. The employee himself has the right to terminate the employment contract by own will	The procedure for terminating the contract is provided for in the document itself. special conditions its termination for both the employee and the employer is not established by law
Responsibility for non-fulfillment of obligations stipulated by the contract	For the employer, administrative responsibility is provided, for the employee - disciplinary (reprimand, reprimand, dismissal). There are no penalties for the employee.	Penalties for an employee may be provided for by the terms of the contract. If the employer does not pay and does not accept the work on time, he is obliged to pay the employee interest for the use of other people's money
Taxation	income tax and insurance premiums off-budget funds the employer pays for the employee	If the contract is concluded with the individual entrepreneur personal income tax and he pays contributions on his own

You can familiarize yourself with the types of civil law contract, its pros and cons for the employer and employee in more detail.

Remote work

Remote work is the activity of an employee carried out outside the stationary place of work (at home, in transport, cafes, abroad, etc.). As a rule, an employee receives an assignment from an employer remotely: by mail, via the Internet, etc.

There are two types of remote work:

1. Home.
2. Remote.

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

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 both under an employment contract and under 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 work is the work of employees on the orders of the employer, carried out in the interests, under the management and control of persons with whom they do not have labor relations. Since 2016 agency work, with the exception of individual cases, is 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 contractor (organization, individual entrepreneur, individual) is recognized. Relations within the framework of outsourcing in most cases are formalized by a contract for the provision of services for a fee. Most often, outsourcing is given to accounting, tax and personnel records(preparation and submission of declarations, reporting, etc.), legal support. Since outsourcing does not transfer the contractor's employees to the customer, this form of agency work is permitted and can be used by the employer to reduce the cost of maintaining the staff.

Outstaffing is the transfer of employees from the contractor to the customer. Employees, being on the staff of the contractor, carry out their work and are subordinate to a third party. Since 2016, this work has been prohibited and its use entails bringing to administrative responsibility.

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

• private employment agencies that meet certain conditions (availability of 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.

Informal employment

Working without official registration of an employee threatens the employer with quite serious problems. The 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 held liable for violation of 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.

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

How to hire employees. It is widely believed that only bad employees can be found from an ad, and it is better to hiccup good ones through acquaintances. But this is a myth, in practice, only with a large selection, you can find real professionals. Bringing all the kids who played in the same sandbox under one roof is not the best way to create an efficient company. Having only one candidate for a certain position, you will not understand whether he suits you or not - you simply have no choice. If there are several applicants, then even without experience in hiring employees, you will quickly figure out which of them suits you best.

If there are a lot of applicants for the position, you should carefully approach the selection process. In addition to the standard questions about experience, professional skills, desire to work in a team, you can ask why he is looking for new job and what did not suit the previous one. If the response will be a lot of accusations against colleagues or leaders, it is hardly worth hiring such a person. The answer: “I didn’t like the salary” - quite suitable - honestly, and you know exactly how to keep this one. True, it is worth asking how long he will be satisfied with the salary that you promise. In addition, the person you are going to hire should impress you, if something in the candidate worries you, it is better to refuse him. Trust your intuition, it can save you from wrong decisions.

When hiring employees, you need to conclude an employment contract with each of them. Get serious about formulating the terms of the employment contract. The contract must specify the duties of the employee. This is important for both parties: an accurate listing of job duties will not allow the employee to shirk from fulfilling orders - the basis for dismissal, the employer, in turn, will not be able to force the employee to do what is not specified in the employment contract. Make the employee read the contract carefully to avoid misunderstandings in the future. If he does not agree with the essential conditions, for example, to work from 10.00 to 19.00 (with a lunch break), look for another employee. There may be cases when the specialist you hire is so valuable that it makes sense to tailor some business processes to him. The main thing is that he does not become more important than you later.

In addition to concluding an employment contract, each employee should personally explain what exactly he will do and to whom he will report directly. You can also say what sanctions will be applied to him in case of failure to fulfill his labor duties. It is better to warn the employee in advance about the unwritten traditions that have developed in the company, etc. If a person is an individualist, certain traditions can lead to conflict.

A clear hierarchy should be established in the company (branch). You must determine and communicate to all employees who will manage the work in your absence, and so on downward (in the event of illness of your deputy). Hierarchy gives rise to competition and sometimes negatively affects the climate in the company, but it has a positive effect on stimulating those employees who are interested in career growth.

As your deputy, you need to choose a person on whom you can rely: he must not only understand business, but also be able to manage people. The deputy must be able to get along with the team, and not just with you, if a person does not have authority among the employees, he is not suitable for such a position. The deputy should help you get the right picture of the performance and contribution to the common cause of each employee, suggest who should be encouraged and who should be punished or fired. It is desirable that someone from the management always remains in the office - people cannot work without control, they will do anything, but not work.

There are several recruitment models

Reliance on own personnel, internal promotion of interested employees focused on the values ​​of the organization and devoted to it. Replenishment of personnel is carried out only at the expense of intelligent young specialists. This ensures high team stability, low turnover, and people's satisfaction with their position. The motivating factor is career.

Recruitment of all levels outside the organization. This provides a high intellectual potential, but a commitment to the profession, not to the organization. Such a model, called sport Team", is typical for companies with an aggressive strategy (for example, an investment company). The motivating factor is rewards for individual results.

The combination of a core of permanent and temporary workers is typical for companies with seasonal and uneven workload or operating on project principles.

Constant attraction of young specialists for all positions, payment for individual results and qualifications. This model is typical for high-tech firms.

The first two models and partly the third use internal sources, while the fourth model uses external sources.

General recruitment questions

Almost any organization is constantly in need of staff, which puts on the agenda the task of attracting and selecting individuals with necessary qualities.

Before hiring new employees, it is necessary to decide whether filling the vacancy is the best way out. It may be better to change the job description, eliminate the position itself, redistribute the duties of existing employees, use overtime.

The decision to hire a new employee or choose from an existing one is influenced by:

Complexity, uniqueness of works;

Availability personnel reserve and staff development programs;

The financial capabilities of the company;

Features of personnel policy.

The recruitment process is costly, and appointment errors make it even more expensive. At the same time, the selection of successful employees increases the profitability of the work and the prestige of the company, reduces turnover.

Recruitment involves:

• Determining the needs for workers and criteria for evaluating options for solving the problem.
• Developing a philosophy and strategy for staff engagement aligned with the corporate strategy.
• Defining a list of requirements for future employees, a set of procedures, forms of documents, methods of working with applicants, the level of their future remuneration, ways of motivation and prospects for career growth.
• Drafting written rules for recruitment.
• Selecting a specific engagement option (time, channels, labor markets).

Drawing up an employment contract

Labor contract

In order for an employment contract to be recognized as complying with the law during any verification, it must contain:

• all conditions required to be included in the contract;
• only those conditions that do not contradict the current legislation;
• only those conditions that do not contradict other documents of the company, for example, a collective agreement, internal labor regulations and other local regulations.

Mandatory information that should be indicated in the employment contract:

In Art. 57 of the Labor Code defines the composition of the mandatory information and conditions included in the text of the employment contract.

• surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual);
• information about the documents proving the identity of the employee and the employer - an individual;
• taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
• information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority. An employment contract on behalf of the employer-organization can be signed by its director, acting on the basis of the charter, the head of the personnel service, acting on the basis of a power of attorney, the director of the representative office (branch) of the organization, acting on the basis of a power of attorney and position;
• place and date of conclusion of the employment contract.

List of obligatory conditions of the employment contract.

The list of mandatory conditions of the employment contract is established by Part 2 of Art. 57 of the Labor Code.

These include:

A) place of work. The employment contract must specify the place of work, indicating a separate structural unit and its location. Fixing a structural unit and a specific place of work in an employment contract can also be in the hands of the employer. This will deprive the employee of the grounds to justify his absence from the workplace by the fact that he allegedly was on the territory of the enterprise.

B) Labor function. The employment contract must define the work function of the employee. The labor function is work according to the position (profession, specialty) in accordance with the staff list with specification of qualifications, a specific type of work assigned to the employee. Job responsibilities are usually fixed in job description, but in its absence, they can be spelled out in the employment contract.

C) Start date. A mandatory condition of the employment contract is the date of commencement of work, and for a fixed-term employment contract - the duration and circumstances (reasons) that served as the basis for its conclusion.

D) wage conditions. This is a specific size. tariff rate or the employee's salary, bonuses, allowances and incentive payments. In some situations, references to the procedure for calculating earnings given in the company's local regulations or in collective agreement. But in this case, the employee must be familiarized with the contents of the documents against signature.

D) Mode. The specific mode of working time and rest time is indicated in the employment contract, if for this employee it is different from general rules operated by the employer.

G) Compensation. The employment contract must specify the amount of compensation for hard work and work with harmful and (or) hazardous conditions labor, if the working conditions at the workplace are recognized as difficult or harmful (dangerous).

H) The nature of the work. Workers in some professions have a special nature of work: mobile, traveling, on the road, etc. A clause on the nature of the work must be included in the employment contracts of couriers, forwarders, drivers or other employees whose work is traveling.

I) The condition of compulsory social insurance. This condition reflects the fact that from the moment the employment contract is concluded, the employee becomes an insured person and in the event of illness, pregnancy or injury, he is entitled to receive insurance benefits.

K) Other conditions. Other mandatory conditions may also be included in the employment contract. They are indicated in special cases provided for by labor legislation and other regulatory legal acts containing labor law.

How to take into account the interests of the employer in the employment contract?

The interests of the employer can be taken into account in the employment contract in the section on additional conditions.

Labor Code provides for the possibility of supplementing the employment contract with the following conditions:

• clarify the place of work (indicating the structural unit and its location);
• establish a trial period;
• determine responsibility for disclosure of legally protected secrets (state, official, commercial or other);
• stipulate the period of working off after training at the expense of the employer;
• provide an opportunity for additional employee insurance;
• guarantee the improvement of the social and living conditions of the employee and members of his family;
• specify, in relation to the working conditions of this employee, his rights and obligations and the rights and obligations of the employer.

Additional conditions included in the employment contract should not worsen the position of the employee.

Which of the admissible additional conditions is most beneficial for the employer?

Trade secret protection.

The employment contract can prescribe the obligations of the employee related to the protection of the trade secrets of the employer.

According to Art. 11 of the Federal Law of July 29, 2004 N 98-FZ “On Trade Secrets”, the trade secret of the employer can be protected by law and court if the company establishes and observes the trade secret regime. This mode is considered to be established after the owner of information constituting a trade secret has taken certain measures to protect the confidentiality of information. One of these mandatory measures is the regulation of relations on the use of information constituting a commercial secret by employees on the basis of employment contracts.

Conditions of education

Many modern companies train newly hired workers in the wisdom of the profession, and at their own expense.

A clause can be added to the employment contract, according to which the employee is obliged to work after training for a period specified in the contract, if the training is carried out at the expense of the employer.

If you train an employee, and the named item is not indicated in the employment contract, then the employer risks spending time and money on training the employee for a competitor.

The specified clause should be included in the contract only if the hired employee will be sent for training even before the start of work. If training is planned in the future, then you can do without this condition, and then draw up with the employee supplementary agreement to an employment contract.

Employee liability

Written agreements on full liability can be concluded only with adult employees who directly service or use monetary, commodity values ​​or other property (part 1 of article 244 of the Labor Code of the Russian Federation). Moreover, the list of works and categories of employees with whom such an agreement can be concluded, its standard forms approved in the manner prescribed by the Government of the Russian Federation.

At present, there is a List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the shortage of entrusted property, approved by the Decree of the Ministry of Labor and social development RF dated December 31, 2002 N 85. Before fixing the titles of positions in staffing and in the employment contract, they should be compared with the text of the List. If they are defined illiterately, then subsequently it will become impossible to conclude an agreement on full liability. The Labor Code provides that if the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain professions, then their name and qualification requirements must be set in accordance with qualification guides approved in the manner established by the Government of the Russian Federation.

With employees holding the positions of deputy head of the organization and chief accountant, there is no need to draw up separate agreements on full liability. According to part 2 of Art. 243 of their Labor Code material liability the full amount of damage caused to the employer is established precisely by the employment contract.

Probation

Such additional condition employment contract in the interests of the employer.

it's a good method of motivation. An employee, knowing that he is being looked at, evaluated and may be fired, almost always works diligently.

establishing probationary period expands the list of grounds for dismissal of a negligent employee due to unsatisfactory test results (Article 71 of the Labor Code of the Russian Federation).

Contract term

An advantageous condition for the employer of the employment contract is the establishment of the period of its validity. However, not every employment contract can be limited in time.

An employment contract concluded for a fixed period in the absence of sufficient grounds for this is considered concluded for an indefinite period (part 5 of article 58 of the Labor Code of the Russian Federation).

An illiterate conclusion of a fixed-term employment contract can lead to the fact that it is recognized as a contract for an indefinite period. And this is fraught not only with a fine for violation of labor laws in the event of an inspection by labor inspectors or the prosecutor's office. If an employee is fired due to the expiration of the term of the employment contract while the term is set incorrectly, then the dismissal may be declared illegal. The employee has the right to be reinstated at work and recover from the employer average earnings for forced absenteeism, compensation for non-pecuniary damage, expenses for a lawyer, etc.

Article 59 of the Labor Code of the Russian Federation indicates with whom and on what grounds it is possible to conclude a fixed-term employment contract. In other cases, it is indefinite. It is allowed to conclude a fixed-term employment contract with a part-time worker. He can be fired due to the expiration of the contract (clause 2, article 77 of the Labor Code of the Russian Federation).

An employment contract concluded with a part-time job for an indefinite period may be terminated if an employee is hired for whom this work will be the main one (Article 288 of the Labor Code of the Russian Federation). At the same time, the employer writing must notify the part-time worker of the impending dismissal at least two weeks before the termination of the employment contract.

Contract term

In accordance with the Labor Code, employment contracts can be concluded 1) for an indefinite period and 2) for a fixed period of not more than five years (fixed-term employment contract)

A fixed-term employment contract is concluded when an employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its performance. Such cases are listed in Part 1 of Article 59 of the Labor Code of the Russian Federation:

• for the duration of the performance of the duties of an absent employee, for whom the place of work is retained;
• for the duration of temporary (up to two months) works;
• to perform seasonal work, when, due to natural conditions, work can only be done during a certain period (season);
• with persons sent to work abroad;
• for work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;
• with persons entering work in organizations created for a known period or to perform a known work;
• with persons hired to perform a known work in cases where its completion cannot be determined by a specific date;
• to perform work directly related to the internship and vocational training employee;

By agreement of the parties, a fixed-term employment contract may be concluded with persons employed by employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail and consumer services - 20 people);

If there is no entry in the employment contract about the terms of its validity, the contract is considered concluded for an indefinite period.

In the event that neither of the parties demanded the termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the urgent nature of the employment contract becomes invalid and the employment contract is considered concluded for an indefinite period.

It is prohibited to conclude fixed-term employment contracts in order to avoid granting the rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.

Working hours and rest time

Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties.

Normal working hours may not exceed 40 hours per week.

For certain workers, the Labor Code provides reduced hours of work:
for employees under the age of sixteen - no more than 24 hours a week;

• for employees aged sixteen to eighteen years - no more than 35 hours per week;
• for employees who are disabled people of group I or II - no more than 35 hours a week;
• for workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours a week.

By agreement between the employee and the employer, part-time. In this case, remuneration is carried out in proportion to the hours worked or depending on the amount of work performed.

Separately, the Labor Code regulates the duration of daily work (shift) (Article 94);

The duration of work on the eve of non-working holidays and days off (Article 95);

Night work (Article 96);

Work outside the established hours of work (Article 97);

Overtime work(Article 99);

Time relax

Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion.

The following types of rest time are distinguished:

• breaks during the working day (shifts)(break for rest and meals of no more than two hours and no less than 30 minutes, which work time does not turn on);

• daily (between shifts) rest;

• days off (weekly uninterrupted rest), cannot be less than 42 hours;
• non-working holidays

Non-working public holidays in the Russian Federation are:

January 1, 2, 3, 4 and 5 - New Year holidays;

As a general rule, work on weekends and non-working holidays is prohibited.

But there are exceptions.

If it is necessary to perform unforeseen work, it is allowed to involve written consent worker.

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;

3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

• holidays

Vacations (Chapter 19) are granted to employees annual leave with the preservation of the place of work (position) and average earnings, the duration of which is 28 calendar days.

In accordance with the Labor Code of the Russian Federation, the mode of operation, as well as the procedure for granting days off and annual paid holidays, the entrepreneur determines by agreement with his employees. Therefore, entrepreneurs may not schedule vacations. It is enough to fix the procedure for their provision in employment contracts with employees, for example, as follows:

“Annual paid leave is granted during the working year upon a written application of the employee, submitted no later than one week before the expected start date of the leave.”

If the entrepreneur has many employees and it is still more convenient to draw up a vacation schedule, then the procedure for granting vacations according to the schedule must be agreed with the employees. This must be specified in employment contracts with employees, for example, as follows:

"Annual paid leave is provided during the working year according to the vacation schedule."

A copy of the certificate of making an entry in the Unified State Register legal entities(the entrepreneur submits a copy of the certificate of making an entry in the Unified State Register of Individual Entrepreneurs and a copy of the document proving the identity and place of registration of the individual entrepreneur);

Document confirming the payment of the state fee for issuing a permit for attraction and use foreign workers. To date, the amount of the fee is 3000 rubles. for each employee involved (subclause 12, clause 1, article 333.28 of the Tax Code of the Russian Federation). The fee paid is taken into account as part of other expenses associated with production and sale, in accordance with subpara. 1 p. 1 art. 264 of the Tax Code of the Russian Federation (clause 3 of the letter from the Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia dated September 4, 2006 N 03-03-04 / 2/199).

Thus, by establishing the above permitting procedure for attracting foreigners to work, the legislator obliges the employer to first negotiate with a foreign worker and discuss all the necessary conditions employment agreement (contract) and only then submit this draft of this agreement to the Federal Migration Service, along with other documents.

Even after reaching an agreement on all the terms of the employment contract, it is nevertheless not yet concluded. Its conclusion becomes possible only after obtaining the necessary permission from the Federal Migration Service.

After the conclusion of an employment contract, the employer sends information about this contract to the Federal Migration Service

It should be borne in mind that a contract with a foreign worker can be concluded for a period of not more than one year, since it is for this period that permission is issued to attract foreign work force. At the justified request of the employer, the validity of this permit after the expiration of its term may be extended, but not more than for one year. Naturally, the validity of the employment contract is also extended for one year.

An employment contract that infringes on the rights and freedoms of foreign citizens is recognized as invalid.

If the documents are in foreign language, then they are accompanied by a notarized translation into Russian. If copies of documents are submitted without presenting the originals, they must also be notarized. Official documents drawn up in the territory of a foreign state, copies of which are submitted for obtaining permits by a foreign employer to attract and use the labor of foreign workers, must be legalized in the consular offices of the Russian Federation abroad, unless otherwise provided by international treaties of the Russian Federation.

Also, the employer must submit to the migration service authorities certificates confirming that the foreign worker does not have a drug addiction and various infectious diseases, as well as a certificate that he does not have a disease caused by the human immunodeficiency virus (HIV infection). Without the provision of such documents, a permit cannot be issued.

The decision to issue a permit to attract and use the labor of foreign workers is made by the migration service body within thirty days from the date of submission of the application and relevant documents.

Refusal to issue a permit to attract and use foreign workers is sent to the employer within five days after the adoption of the relevant decision.

These permits will be issued to employers subject to the quota established by the Government of the Russian Federation on the basis of Article 18 of the Law on legal status foreign citizens. Thus, for 2008, the quota was set at 672,304 invitations to enter the Russian Federation in order to carry out labor activities, for 2009 - 1250769 invitations, for 2010 - 611080 invitations.

It must be remembered that the use of foreign workers is possible only in those professions and in the subject (subjects) of the Russian Federation that are indicated in the permit to attract and use foreign workers. We already talked about this a little earlier.

After the employer has received permission to attract foreign workers and has concluded employment contracts with them, within a month he is obliged to provide:

Information on the involvement of foreign workers in labor activity in the executive authority of the constituent entity of the Russian Federation, which is in charge of employment issues in the relevant constituent entity of the Russian Federation;

Information about the conclusion of employment contracts or civil law contracts for the performance of works (provision of services) - in State Inspectorate labor in the relevant subject of the Russian Federation (territorial authority Federal Service on labor and employment).

After clearance permits regular recruitment procedures follow.

In a relationship work books it should be added that if a foreign worker is on the staff of the organization, the work for him is the main one and he has worked for more than five days, then it is necessary to have a work book for him. At the same time, the work book must be of the Russian type, even if the foreigner already has a work book issued abroad, in his country of residence.

Usually, fixed-term employment contracts are concluded with foreign employees, and the term of the contract, of course, cannot exceed the period of the foreigner's stay in Russia.

When the work permit expires and a new one is not issued, the dismissal is made on the basis of paragraph 9 of Art. 83 of the Labor Code of the Russian Federation: "expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right ... in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill obligations under an employment contract."

Do not forget that after obtaining permission to attract foreign workers to work, the employer must apply to the relevant body of the FMS to issue an invitation to enter the foreigner in the Russian Federation, because. an invitation to enter the Russian Federation for work is issued by the relevant territorial body of the FMS.

For additional information on the issuance of conclusions on the involvement and use of foreign workers, permits for the involvement and use of foreign workers, as well as work permits for foreign citizens and stateless persons, you can find at

In large companies, the recruitment process is a well-established process, because it is handled by specially trained people - HR managers. But an individual entrepreneur, in order to hire the first employee, will have to spend a lot of time and effort.

Why is thorough pre-hiring preparation so important? Because the first employee you hire will be exactly the person who “sets the tone” for the entire future team. He will be the reflection corporate culture and the company as a whole.

Find an employee in 10 steps

1. Write the text of the vacancy

Already at this stage, most entrepreneurs, as a rule, are lost, and therefore they write boring and not interesting ads for applicants. Such job offers are far behind the rest.

A well-written vacancy text describes the skills and competencies that are necessary to perform job functions, determines the place of a specialist in the company's hierarchy, and also describes the advantages of the employing company. When composing the text of the announcement, remember that it will become a filter for candidates who send resumes to vacancies.

Any vacancy must include:

• job title

The position, in turn, should accurately reflect the nature of the tasks and responsibilities. It's important that it be keyword for which job seekers could easily find a job.

• requirements and responsibilities

When listing the requirements for the applicant, it must be remembered that any discriminatory restrictions that are not related to business qualities applicant for a vacancy (indication of gender and age in the text of the job advertisement), are unacceptable and may result in a fine (“Dissemination of information about vacancies or vacancies containing restrictions of a discriminatory nature”).

In description official duties indicate the results that you would like to see in the work of a future employee. For example, "preparing monthly reports that allow you to control the budget."

• skills and competencies

Skills are what a candidate can do based on their experience or qualifications (for example, prepare presentations, write posts for corporate social networks). Competencies - what the candidate will show for the position that you offer him (for example, strong communication skills, ability to work effectively in a team, etc.).

• conditions

Do not forget to describe where the company is located, work schedule, bonus payments, bonuses. Mention the length of the trial period. If you are willing to pay mobile communications, nutrition, medical insurance then be sure to list those benefits.

• salary

It is better to indicate not a specific salary, but a range. In this case, we will be able to build on the level of professionalism of the candidate. At the same time, the salary must be competitive in relation to similar offers in other organizations. This is important if you want to attract a truly worthy professional to the company.

• contact information

2. Post a job

Having created a job ad, you will probably think about where it is best to place it. In addition to classic job sites like SuperJob and HeadHunter, there are professional communities and job search groups in in social networks Facebook, LinkedIn, Professionals.ru. It also makes sense to look at industry forums and resources. For example, if you are looking for a personnel officer, then feel free to post your ad on the Neo HR forum, and if you need an IT specialist, go to My Circle.

Free services with which you can search for personnel and publish ads are the All-Russian database of vacancies "Work in Russia" and "City of Works". Their functionality is similar to the capabilities of well-known job search services.

If your personal account on social networks is promoted, publish a post about the vacancy in it. Ask people who are in your contacts to recommend candidates and repost. Don't forget to also post the job in your organization's group.

3. Decide on the questions you will ask at the interview

These questions should test the qualifications of a person, determine his motivation. What should you see first of all in a resume and at an interview? The value a potential candidate can bring to your company. You can find out by asking, for example, the following questions:

• What are your strengths professional quality?
• What can you do that other candidates can't?
• What were your responsibilities in your previous job?
• What project are you most proud of?
• What did you learn in professionally at your last job?

If you want to assess a candidate's motivation and goals, you can ask them:

• What do you expect in terms of career development?
• What kind professional goals What would you set for yourself by getting this job?
• Why are you interested in this job?

4. Work with incoming resumes

• How does the education match the job? Where did the applicant work before?
• What projects confirm the experience of the candidate? The resume should show the necessary skills that a person has mastered in a previous job, and the value that he, as a specialist, will bring to the company. As an example, completed projects should be given in which the candidate has achieved certain results.
• What is the identity of the candidate? It is possible that in addition to education and competencies, the resume will indicate personal interests that are important to you. For example, your company sells environmentally clean products, and the candidate is seriously interested in this topic, although he has never been professionally connected with it (subscribed to thematic communities in social networks, maintains a personal blog on this topic, etc.).

5. Decide how you will register an employee - under an employment contract or a GPC agreement?

In general, this issue needs to be dealt with at the very beginning in order to indicate the necessary information in the job advertisement. For some applicants, the specifics of the design plays a key role.

Let's remember how the employment contract and the GPC agreement are cast:

	Labor contract	GPC Agreement
What is regulated	Labor Code	Civil Code
In what cases is	The employee is arranged for a certain position, which provides for the constant performance of labor duties.	The contract contains a specific list of works or services to be performed. The result of their implementation is fixed by a bilateral act. Job placement is not provided.
How work is organized	Management orders are executed as they are received.	The result is important, not the process. Third parties may be involved to perform the work. The customer does not interfere in the process, but has the right to check the intermediate results.
Who provides working conditions	Employer	By agreement of the parties
Reward conditions	The salary must be set in the employment contract, there is a strict rule on the order of its payment - on time, at least twice a month. The monthly salary cannot be lower than the established minimum wage.	Flexible approach: the parties determine how the remuneration will be paid.
Guarantees	There are a number of guarantees that apply to the employee: paid leave, temporary disability benefits, etc.	By agreement
Work order	Be sure to follow the rules of the internal regulations. The Labor Code provides for work according to a specific schedule, which is fixed by internal documents.	The GPC agreement provides for the start and end dates of work, but the contractor can work at a convenient time for him. The result for which he is paid money is important.
Documents for employment	It is necessary to issue a work book, orders, personal cards T-2.	For the device of employees, only a contract is needed. The contract is closed by acts of work performed / services rendered.
Terms of the conclusion of the contract	Contracts may be concluded for an indefinite period or for a fixed period (no more than 5 years (fixed-term employment contract), unless another period is established by the Labor Code of the Russian Federation and other federal laws).	There are always fixed deadlines for the execution of the contract.
Contributions	In tax - for health insurance, for pension insurance, for disability; in the FSS for injuries.	In tax - for health insurance, for pension insurance. In the FSS for injuries - if expressly provided for in the contract.

6. Prepare the necessary documents for registration

The algorithm of actions at this stage includes several steps.

Ask the applicant for the following documents:

• passport or other identity document;
• work book (exceptions: an employment contract is concluded for the first time, the employee goes to work on a part-time basis);
• insurance certificate of state pension insurance;
• documentation military registration- for persons liable for military service and persons subject to conscription for military service;
• a document on education, qualifications or the availability of special knowledge (if the job requires special knowledge or special training).

Familiarize the new employee against signature with the internal labor regulations, other local regulations directly related to his labor activity, collective agreement.

7. Obtain the employee's consent to the processing of personal data

8. Issue a work book for an employee who first comes to work

The title page of the work book indicates:

• full name;
• date of birth (recorded in full);
• education;
• profession and / or specialty (in accordance with the document on education).

The employee certifies the correctness of the information entered by signing on the title page, after indicating the date of filling out the work book.

The person responsible for issuing work books also puts his signature on the title page. Previously, it was necessary to put the seal of the organization in which the work book was filled out for the first time on the title page. However, on November 27, 2016, it entered into force, which amended the Instructions for filling out work books and gave employers permission not to certify entries in employees' work books with a round seal. The seal must be affixed in the work book only if the JSC or LLC has it.

9. Submit information to the Social Security Fund

An individual entrepreneur announces the hiring of the first employee in the FSS if he registers an employee under an employment contract or hires him under a GPC agreement, which provides for contributions for injuries. You should meet within 30 calendar days after the execution of the contract. A delay of 90 days threatens with a fine of 5,000 rubles, and if you delay for a longer period, then 10,000 rubles. (the regulation is approved).

To register as an insured, you need: an application for registration, a copy of an identity document, and copies of work books of employees hired or employment contracts concluded with employees. To register an individual entrepreneur with the FSS as an insurer-employer remotely, use the instructions.

10. Don't Forget About Taxes, Dues, and Reports

You can submit all necessary reports. Based on monthly payments to employees, you will be able to generate all the necessary reporting on the forms. At the same time, you do not have to monitor their relevance - the experts themselves will track all changes in legislation and make updates in a timely manner.

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