It's no secret that in Russia the situation with the employment of the population does not look the best way. The financial situation of many citizens leaves much to be desired. In order to increase income or to receive state support, people agree to fictitious employment. And even for informal work. What it is? What are the pros and cons of these forms of labor? Should they be used in real life? And is it necessary to be afraid of responsibility for such acts? The information written below will help us answer all this.
Legislation
In Russia, every person over the age of 14 can officially go to work. This is called employment.
By law, all work must be official. Then it will be taken into account as a seniority in calculating the pension. In addition, such a decision does not violate labor law.
Fiction concept
And what is fictitious employment? Usually this is called informal work. That is, without registration under the Labor Code of the Russian Federation.
In this case, the employee is not documented as a personnel; he does not receive a salary in accounting, but actually works. But we will distinguish between fictitious employment and informal work. The described concept is just an informal job.
To fictitious work can be attributed a situation where a person does not actually work in the company, but he is documented as an employee. Typically, this form of employment is common between close relatives or by acquaintance.
A responsibility
In general, the mentioned components are a crime. The thing is that responsibility is provided for fictitious employment. It is imposed on both the unscrupulous employer and the cunning subordinate.
As a rule, one can hope for administrative responsibility. This is the most common option. But sometimes you can face criminal consequences.
What is this about? Most often, it is fictitious registration of a person for work that is not punished in any way. After all, to prove that a citizen is not working is problematic. Deductions are made for him, he receives a salary, but does not stay in the workplace.
But unofficial labor is punishable. The employer faces:
- a fine of up to 50,000 rubles (administrative type);
- suspension of activity up to 3 months;
- payment of all applicable taxes + penalty in the amount of 20% of the debt;
- forced labor;
- arrest for a while;
- a ban on certain activities.
Fake job placement is a criminal responsibility. The last 4 points are referred to it. Or rather, for unofficial work.
In the case of employees, everything is easier. A penalty equal to 20% of unpaid taxes is imposed on the “working” citizens themselves. There are no more punishments.
Century of Prosperity
Despite the fact that the violation under study is punished and suppressed, it is still actively developing in Russia. Different life circumstances push people to fictitious employment and unofficial work.
For example, in the first case, this is a desire to receive additional support from the state, benefits and payments due only to officially working people. This also includes the right to tax deductions, employment history. And unofficial employment is most often attracted by a "black" high salary.
In any case, the century of prosperity of these violations began after the economic crisis in 2008. Citizens began to look for different ways of earning. And companies began to offer informal work. A fictitious met even before the crisis. As we have already said, in the presence of family ties or close friendly relations between the subordinate and the employer.
pros
As a rule, any action has its pros and cons. Even illegal acts can seem extremely attractive. And therefore, they are actively agreeing to them.
Fictitious employment has the following advantages:
- accrual of seniority;
- the possibility of receiving benefits as officially employed people;
- plenty of free time for family and fun;
- receipt of salaries in established amounts.
Informal work also has advantages. Among them, it is customary to distinguish:
- quite high earnings;
- lack of taxation;
- no responsibility of the employee for the work done;
- the opportunity to work and get paid together with social benefits;
- additional earnings in addition to official work.
In addition, fictitious employment for alimony in Russia is quite common. In this case, the alimony payer underestimates the real salary or is employed informally, thereby bringing the earnings bar to zero. Accordingly, a person will pay minimum alimony for the maintenance of minor children. Not entirely honest, but this practice is becoming more and more common.
disadvantages
Fictitious employment has almost no drawbacks. Unless they can be attributed to:
- risks of solving the crime in the absence of good connections;
- no work experience in the field of employment (real experience).
Otherwise, staying in the company as a subordinate, but without real performance of labor duties is a whim. The dream of many, which is available only to individuals.
But unofficial work has more drawbacks. For both employees and employers. These include:
- lack of any labor guarantees;
- no experience is accrued;
- payments to the FIU are not made;
- risks of non-receipt of salaries for work performed;
- prosecution in case of violation.
Despite all this, the studied forms of labor in Russia are actively distributed and applied. For example, some use fictitious employment for people with disabilities. Usually, employers who do not want to provide benefits and bonuses to people with disabilities do this. In fact, the person will work for the company, but he has no legal rights and concessions.
To be or not to be?
So is it worth using fictitious job placement in real life? It’s hard to answer. Everyone decides for himself. Before making a final decision, you will have to weigh all the pros and cons of the action. And take into account what exactly is meant - unofficial work with “black” earnings or employment according to documents, but with the actual status of unemployed.
In the first case, it is recommended to refrain from work. This form of employment is permissible in extreme situations when money is urgently needed. For permanent work, a law-abiding citizen should be officially registered as an employee of the company.
If we talk specifically about fictitious employment, for the experience it will play a positive role. And this form of work is preferred among those who know their employer well. This is also a violation of applicable law, but it is difficult to prove it in practice. Taxes, deductions and other accounting features will take place. The state is in the black, the employee is in a winning position. And if the employer agreed to apply for a job on paper, but allowed to actually sit back, then you should not refuse such an offer. Just use it on an ongoing basis is also not necessary.
In contrast to informal work, fictitious employment allows you to go to work at any time. The main thing is to warn the employer about this. And then the fiction will become real in every sense.
findings
Now we know all the pros and cons of working without registration or as a fictitious employee. As already mentioned, everyone decides how suitable this or that form of labor is. But it is better to avoid unofficial work.
In practice, it is precisely this arrangement that gives employees a lot of trouble. In particular, citizens have to face non-payment of salaries and the lack of social labor guarantees. But they will not be able to go to court to protect their rights. Indeed, unofficially employed people have virtually no opportunities for this.