Article 65 of the Labor Code of the Russian Federation. Documents presented when concluding an employment contract. Comments

When getting a job, a person carries with him not only a store of knowledge, skills and hopes, but also certain documentary evidence of his personality, competence and law-abidingness. When going through the official employment procedure, you need to pay attention to the documentary side of the process. The law provides for a certain list of documents that must be in the hands of each applicant when establishing an employment relationship. In practice, this list is usually further expanded due to the requirements of the employer.

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Let's consider which papers are required when concluding an employment contract, and which requirements can be argued about, and whether it is worth doing.

What documents should an employer request when hiring a citizen of Kyrgyzstan ?

Documents required when applying for a job according to the Labor Code of the Russian Federation

Labor Code of the Russian Federation in Art. 65 provides a list of documents that are required to be presented by a person applying for an official job. These include the following papers.

Identity document of the applicant. Usually this is a passport. The law allows for the provision of other documents that satisfy the same purpose, but does not disclose which ones. In practice, documents containing a photograph of the owner and basic information about him can serve as such identification:
birth certificate - if for some reason a child under 14 years of age is employed;
military ID - for military personnel, starting with the rank of warrant officer or midshipman;
refugee certificate - for people who have lost their documents as a result of social disasters, who received an immigrant document by applying for refugee recognition;
certificate of release from prison - if an employee released after a prison term is employed;
certificate that the bearer has been granted temporary asylum in Russia;
driver's license - in some cases can replace a passport.

IMPORTANT! Of the entire list of documents specified in Article 65 of the Labor Code of the Russian Federation, only this one is absolutely necessary when applying for a job. Its absence is an absolute reason for refusal of employment. All other documents may be required under certain circumstances, and sometimes you can do without them.

A military registration document will be required if the applicant is liable for military service or is subject to conscription into the Armed Forces. For those who have completed military service and are in the reserves, this is a military ID or a certificate issued in exchange for it. Future conscripts present a certificate stating that they are subject to conscription for military service. If the applicant cannot provide such a document, he should not be denied employment for this reason. The personnel officer has the right to make an appropriate note in the personal file and inform the military registration and enlistment office about the employed potential conscript.

Experts explain why an employer cannot refuse to employ an applicant if he has presented a military personnel ID card rather than a military ID.

A document indicating the training completed (diploma, certificate, certificate of advanced training, they may also ask for an insert sheet with grades).
It is needed to confirm the qualifications and professional level of the future employee when the job requires special training. FOR YOUR INFORMATION! To confirm the level specified in the documents provided, the employer has the right to assign the employee a probationary period or additional certification and make an employment decision based on the results.
Employment history. Needed if a person changes jobs. You may not have a work book on hand if:
a person gets a part-time job;
the work book is lost or damaged.

What documents are needed when concluding an employment contract with a person under the appropriate age ?

SNILS card – a certificate containing the SNILS number, if the person is registered in the pension insurance system. In some cases it will not be possible to provide it:
the card is lost;
Personal data (last name) has changed since the card was issued.

IMPORTANT! The legislation of the Russian Federation prohibits requiring any additional documents from a person applying for a job.

Features of employment of certain categories of employees

During the hiring process, not all employees are processed the same way. There are some exceptions to the general rule. They concern the following categories of hired workers:

Minor employee. The peculiarity of the employment of such a citizen is that he does not have the right to set a probationary period. In some cases, written parental consent is required for such a citizen to begin performing labor functions. A medical examination with conclusions about the suitability of future work is mandatory here.
Foreign worker. To hire such a worker, you will need to obtain special permission from the state for his employment. Issued for a specific period (usually up to 3 years). It may be further extended. Therefore, the employment contract is concluded for the same period.
Part-time work. Provides the opportunity to work two jobs simultaneously. In this case, the work book is kept at the main place of work. Working time at the main place of work must be at least 50% of the total working time. If a citizen works two jobs where the time does not overlap (for example, one during the day and the other during night shifts), this is not considered part-time work. It is issued (except for the work book) at both places of work.
Nuances of registering as a remote employee. The main nuance is that you don’t have to go to the HR department with documents. All you need to do is scan them and send them by email. In the future, you can get certified copies by regular mail. You will also receive an employment contract signed by the employer. All further correspondence and communication, including delivery of completed work, is carried out remotely via the Internet.

Remember, the legislator clearly regulated the nuances of formalizing labor relations with various categories of citizens. Therefore, before starting cooperation, it is advisable to familiarize yourself with them in advance.

Going to work for the first time in my life

If a citizen was not officially employed, then his first employer has the right to require only an identity card from him. A diploma and military ID will be needed only in cases where the job requires special training and the applicant himself is liable for military service. The remaining documents will be prepared for the employee by the employer after the conclusion of the employment contract:

work book – within 5 days after employment;
SNILS - within several weeks required to issue the card (up to a month).

IMPORTANT! Recommendations for preparing a primary work record in 2020 from ConsultantPlus are available here .

Signing an employment contract

At every enterprise, regardless of the type of ownership, an agreement is concluded between the employee and his employer. The absence of such a document is fraught with penalties against the employer. Therefore, the administration is directly interested in the timely preparation of such documents. Moreover, in most cases, there are already templates for such contracts for each position in order to speed up the employment procedure.

This document contains information:

list of worker responsibilities;
the place of work, work and rest schedule, and basic conditions of remuneration are specified;
liability of the parties for failure to comply with the terms of this agreement;
separate norms (in a condensed form) of local documents regulating labor duties, social protection, guarantees, compensation, and other important points for the employee.

An employment contract is signed by the employer and employee. Labor legislation does not provide for other signatories or approvals.

Additional documents due to the specifics of the work

Some specialties and positions associated with certain legal requirements require documentary evidence of the applicant's personality characteristics. The Labor Code of the Russian Federation and certain regulations provide for such professions some additional documentation, which the employer has the right to request during employment:

a driver's license of the appropriate category (if the employee is applying for a position that involves driving a certain type of transport);
medical record (required when holding a position in the teaching, medical, trade fields, as well as for catering workers);
work permit issued by the Federal Migration Service - for citizens of other states who are getting a job in Russia;
a recent certificate of medical examination (form 086-U) confirming the absence of contraindications for the specified professional activity - for types of work associated with health hazards or in unfavorable conditions, as well as for all minor applicants;
a certificate of no criminal record and/or criminal prosecution (possibly about rehabilitation after such) is needed for some positions that provide restrictions on this basis, for example, for work in the judicial system.

Subtleties of reception design in special situations

Faced with the need to document the hiring of an employee, many employers experience difficulties in the following situations:

Part-time employment (day or week). Documentation in this case is formally no different. Only in the employment agreement and order should this feature be noted.
Employment for an individual entrepreneur or LLC. The procedure for hiring employers of various organizational and legal forms is absolutely identical.
Employment of students. As a rule, they get a part-time job. If the student candidate has reached the age of majority, then his admission should be carried out according to the rules described in paragraph 1.
Employment of former civil servants. If such a citizen, within a two-year period, gets a job in a company that he previously directly or indirectly managed, he himself and/or the employer must inform the former employer about this (Article 64.1 of the Labor Code of the Russian Federation).

The employer may ask

The list of required documents does not contain direct references to many papers that often have to be presented in practice at the request of the employer. Of course, failure to provide these documents should not lead to denial of employment, and if it does, it can be challenged in court. But it’s worth considering whether to start cooperation with litigation. Moreover, in most cases, the employer’s request for certain documents is not burdensome for the applicant, and is often in his own interests. What can be included in the package of documents for employment, besides the required papers?

Application for admission. It will be written by the employee when registering according to the template established in the organization. Sometimes it’s enough just to fill out and sign a standard form with standard details:
- Full name and position of the employer;
title of the document – statement;
request to be accepted for a specific position in a particular structural unit in a specific organization;
Features of employment - part-time, work for a full-time salary or a share of it, part-time, for a certain period, etc.;
signature and full name decryption;
date of writing.

The job application will be filed in the employee’s personal file, which will be completed by HR officers.

NOTE! The wording of the position indicated in the application (as well as subsequently in the employment contract, work book and other documents) must coincide verbatim with that indicated in the staffing table.

Photos (usually they ask for 3 pieces in 3x4 format) will be required for registration of a personal file, employee personal card, work pass, etc.
The form is also filled out during the registration process. May be needed for internal use.
Certificate of salary from previous place of work . Providing this document in its entirety is in the interests of the applicant, since if he goes on sick leave with minimal work experience in a new place, he may receive increased payments in connection with calculations based on previous earnings.
A reference from a previous employer , especially one that presents the applicant in a favorable light, will increase his chances of employment and better working conditions, all other things being equal.

Often, former employers draw up a reference in this form .

Additional evidence of qualifications : certificates of relevant courses, certificates of certification, certificate of academic degree, etc.
Documents about family composition are sometimes needed for additional guarantees from the employer or to provide the employee with certain benefits (for example, financial assistance, additional leaves, etc.).
Any documents that may affect social benefits and compensation calculations:
certificate of a large family;
certificate of presence of young children or close relatives with disabilities;
certificate of donation;
certificate of work in a radioactive contamination zone;
state awards, etc.

Often unreasonably demanded

It is legally prohibited when applying for a job to require documents that are not provided for by the regulations of the Russian Federation: the Labor Code, federal laws, government decrees and presidential decrees. Naturally, it is unlawful to refuse a candidate on the basis of the lack of such documents. However, employers often insist on the mandatory presence and provision of the following during employment:

TIN – certificate of registration of a citizen as a taxpayer;
permanent registration (registration) in the region where the employer’s organization is located.

Whether to try to insist on one’s rights and try to fight the system or to agree to the employer’s demands, in each individual case the person decides for himself.

Employment history

This is the main document confirming the employee’s length of service and work activity. Has a standardized form. Conducted according to government-approved methodology. It is compiled for each worker individually.

The work book displays the following data:

name of the employer's company;
date of employment (dismissal);
full name of the position to which the employee was assigned (transferred);
date and number of the order on the basis of which the enrollment (dismissal) was made;
incentives available to the employee.

All records are certified by the signature (with a transcript of the position name and full name) of the employee authorized to maintain work records, as well as the company seal. The absence of these details may cause the entries to be invalidated.

According to the rules for maintaining work books, all entries are entered sequentially and numbered in continuous numbers. If you change place of work, maintaining the work book continues at the new place of work. For the entire period that an employee is on the company’s staff, his work record book must be kept in the HR department. Handing over this document to the worker is not allowed.

Remember, the absence of a work record is not a basis for refusal of employment. But in this case, the length of service will begin from the moment of the last employment. And this means a reduced amount of sick leave and other social benefits.