Hiring: 15 mistakes employers make
The procedure for registering a new employee affects different areas: working with documents, entering information into the employment record, submitting a new SZV-TD report, preparing an employment contract.
Recently, there have been changes that have impacted the hiring process in one way or another. For example, from September 1, 2021, there have been changes in the rules for maintaining a work record book. In addition, electronic labor and the obligation to fill out the SZV-TD report have appeared.
Let us dwell in more detail on those issues that are often overlooked.
The employer does not check the new employee's paper work
It is known that electronic work books have been in use in Russia for several years now. Those employees who are employed for the first time in 2022 will receive only such books. At the same time, the employer is not obliged to notify the newcomer that a paper work book is not issued for him (Rostrud Letter No. PG/26715-6-1 dated September 15, 2021).
Everyone else in 2022 had to make a choice - keep the paper version of the work or switch to electronic.
At the same time, even if the employee has made a choice in favor of an electronic work record, he must keep his paper book and present it upon new employment to confirm his work experience until 2022.
Fill out and print STD-R and other personnel documents in Kontur.Personnel
When registering an employee in 2022, check his paper work record. The absence of a record of its closure indicates that the employee was left with a paper work record and, therefore, you must continue to maintain it. Checking the choice of electronic work will mean that only the electronic version needs to be maintained.
To confirm the work experience of an employee with an electronic work record, the employer issues him a STD-R certificate.
Remember the changes that have occurred in the rules for maintaining a work book from September 1, 2022.
Hiring without a passport
The full set of documents required to conclude an employment contract is presented in Art. 65 Labor Code of the Russian Federation. In the first place is a passport or other identity document.
Let’s say that an employee does not have a passport with him, since it is being re-issued or has been completely lost. Does this mean that an employer can hire a person with a certificate from the Federal Migration Service? Of course not.
A certificate is not an identity document. In this case, the employee must be required to provide a temporary identity card.
Admission of a certain category of employees to perform labor duties without mandatory medical examinations
These categories are named in Art. 213 Labor Code of the Russian Federation. In addition, the Order of the Ministry of Health of the Russian Federation dated January 28, 2021 No. 29N provides the Procedure for conducting mandatory preliminary and periodic medical examinations of workers.
The amount of the fine in the case of allowing employees to perform work duties without medical examinations can reach 130,000 rubles, as warned in paragraph 3 of Art. 5.27.1 Code of Administrative Offences.
Signing an employment contract before the employee familiarizes himself with important documents
Internal labor regulations, local regulations, collective agreement - the employee must familiarize himself with all these documents against his signature before signing the employment contract (Article 68 of the Labor Code of the Russian Federation). Moreover, he puts his signature under each document.
Lack of mandatory information or conditions in the employment contract
When drawing up an employment contract, you must follow the instructions in Art. 57 Labor Code of the Russian Federation. If any information is missing, it is necessary to make additions directly to the text of the employment contract.
The missing conditions are supplemented by an annex to the employment contract or a separate agreement of the parties, which is concluded in writing.
Convenient employee accounting, salary calculation, sick leave, vacation pay, taxes and contributions, dividend calculation.
To learn more
Instead of a mandatory condition - place of work - the employer specifies in the employment contract an additional condition - workplace
The Labor Code, oddly enough, does not define the concept of “place of work.” But the code helps to understand what a workplace is (Article 209 of the Labor Code of the Russian Federation).
Workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.
According to Art. 57 of the Labor Code of the Russian Federation, the employer must indicate a separate structural unit. When registering an employee, enter the name of the organization and locality.
Lack of working conditions in the employment contract
Working conditions at the workplace must be included in the employment contract. Federal Law No. 426-FZ of December 28, 2013 provides four classes of working conditions: optimal, acceptable, harmful and dangerous.
Absence in the employment contract of such conditions as the nature of the work and working hours, in cases where this is necessary
If the working time and rest time regime for a particular employee differs from the general rules in force at the employer, then this must be indicated in the employment contract.
As for the nature of the work, its mention is important if the company employs, for example, drivers, couriers, and forwarders.
The employer confuses the date of conclusion of the employment contract with the date of drawing up the employment contract
Of course, the employment contract must contain the exact date of conclusion of the contract.
An employer enters into a fixed-term employment contract without having the right to do so
If a fixed-term employment contract is concluded in a case not provided for by law, then the terms of its urgency have no legal force. From this point of view, it is important to rely on Art. 59 of the Labor Code of the Russian Federation, correctly indicate the validity period of such an employment contract - the date or period of the occurrence of the event, and also state the reasons for the circumstances for its conclusion.
The employer makes inaccuracies in the indication of remuneration in the employment contract
Remuneration is a mandatory condition of the employment contract. Therefore, each employment contract must indicate the size of the tariff rate or salary. It is also necessary to indicate additional payments and allowances, if any.
The employer confuses the concept of “probationary period” with the concept of “probationary period”
You just need to remember that probation is a term from the Penal Code of the Russian Federation. And the concept of “trial period” is contained in Art. 70 Labor Code of the Russian Federation.
The content of the employment order is at odds with the terms of the employment contract
The fact that the content of the order must comply with the terms of the employment contract is stated in Art. 68 Labor Code of the Russian Federation. Therefore, employers should carefully check all the details in the document. The employee must familiarize himself with the order by signature within three days from the date of actual start of work.
The employment record is entered into the work book with the wrong date indicated.
A record of hiring is entered into the work book specifically indicating the date of hiring, which is already included in the hiring order and the employment contract.
The employer forgets to submit the SZV-TD report
For all employed workers, the SZV-TD form is filled out. To avoid problems, this must be done on time - no later than the working day following the day of issuance of the relevant order (instruction) confirming employment.
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How to register an employee under an employment contract
- Receive the necessary documents from the employee:
— passport or other identification document; - work book or information about work activity (STD-R - an extract from the electronic work book, it can be obtained from a former employer or on the public services portal); — insurance certificate of state pension insurance (SNILS) or the ADI-REG form, which is issued instead of SNILS from April 1, 2022; - military registration documents - for those liable for military service and persons subject to conscription for military service; - a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or training.
If your company is the first place of work for an employee, and he does not yet have an insurance certificate, then you will have to issue one. To do this, submit an application to your local Pension Fund office.
- Receive an application from the employee (job application template).
- Draw up and sign an employment contract. When drawing up a contract, rely on Article 57 of the Labor Code. Draw up the agreement in two copies: one will remain with the employee, and he will sign the second and return it to you. At the end of the employment contract, it is advisable to make a note: “A copy of the employment contract has been received/signed, transcript.”
- Familiarize the employee, against signature, with the internal regulations of the organization, if any (job descriptions, regulations on labor protection, trade secrets, etc.).
- Issue an order for employment in the T-1 form. The date of the order cannot be earlier than the date of the employment contract. The employee must sign the order.
Admission order template
- Send the SZV-TD report to the Pension Fund of the Russian Federation no later than the next day after the issuance of the admission order. If an employee from a previous employer decided to leave a paper work record book, make an entry in it within a week from the date of hiring. If an employee is employed for the first time, there is no need to create a paper work book.
- Issue a personal employee card in form T-2. It is better to print it on thin cardboard or thick paper.
Card template
