Employment contract: entry in the work book, nuances of registration

When settling for a new job, every citizen must conclude an employment contract with the employer. An entry in the workbook is also necessary if there is a desire to receive a decent pension in the future. Consider the nuances of registration of employment contracts, as well as the possibility of working without a work book and the consequences for the employee.

Definition

Before talking about the execution of employment contracts and entries in the employment form, you need to find out what these documents are.

An employment contract is understood to mean an agreement between an employer and an employee, establishing their rights and obligations to each other. In accordance with this agreement, the employee is obliged to perform work in the appointed position, comply with qualifications and not violate the organization’s internal regulations, the employer must provide working conditions, provide work and pay salaries on time.

The entire working period is reflected in the work book. This is a personal document of each citizen, which takes into account the official seniority. The employment form is issued by the employer and is provided to them.

Any formal employment involves an employment contract. An entry in the work book should be made immediately after the employer issues a decree on hiring an employee.

Why make a contract

An employment contract is considered the most important document prescribing rights, obligations, and compensation. After the contract is signed, the working relationship between the employer and the employee is regulated in accordance with the law.

An employment contract can be concluded both orally and in writing. Despite the fact that both options are legal, writing is still more reliable and is practiced more often.

Work under the contract, an entry in the work book can become evidence in the court if a conflict situation arises.

Do you always need a work book

The form of labor is the document that certifies the actual labor activity and seniority.

They can be hired without a work book if:

• this is the first job placement, and the organization itself handles the form;
• the employee wrote a statement about the loss or damage of labor;
• this is a part-time job or a civil contract (in this case, a contract is drawn up without being recorded in the work book).

When you draw up a contract for a specific time or indefinitely, a work book is mandatory.

Work without labor

If an employment contract is concluded between the employer and the employee, and the employment form is not filled out or is missing, there is nothing criminal in this. On the one hand, the fact of the absence of a work book does not have negative consequences if the employment contract is duly drawn up and signed on both sides. In this case, the employer pays insurance premiums for his employee. On the other hand, if there is no document confirming the seniority, this will affect the amount of the pension. That is, if only an employment contract is signed, an entry in the work book, in turn, is not made, this is fraught with negative consequences in the future. For example, the employee worked for about 10 years at the enterprise under an employment contract, but the record was not made. The contract is lost for some reason and cannot be restored. It turns out that the employee loses 10 years of total experience.

Official registration

Formal employment requires the compilation of a contract. This may be the main evidence of work experience in the absence of employment records.

Legislation obliges the employer, who is an individual entrepreneur or legal entity, to draw up a labor form for his employee if he has been working for the company for more than five days. In this case, the work should be the main one. In cases of concurrent employment or if a GPC agreement is concluded, an entry in the work book is not necessary.

Formalization Algorithm:

1. Acquaintance of the employee with the necessary documents relating to his immediate work and local acts of the organization.
2. Acquaintance with the terms of the contract.
3. Issuing an order of admission.
4. Entry into the workbook form.

Documents

Concluding an employment contract, the employee must submit the following set of documents:

• identity document;
• work book (in addition to situations when the employee first gets a job or works part-time);
• SNILS;
• military card (for those liable for military service);
• proof of education;
• other documents that are mandatory for employment.

Fixed-term contract

An urgent contract is a contract that is concluded with an employee for a maximum of five years. The grounds for concluding this type of agreement are regulated by law and are indicated in the Labor Code of the Russian Federation.

The main advantage of concluding a fixed-term contract is the absence of a complex and lengthy procedure for registering an employee, and there is no need to pay compensation other than vacation pay when he is dismissed.

But an incorrectly executed temporary agreement can be recognized as perpetual, and the employee will be required to accept on a common basis.

When drawing up a fixed-term contract, entries in the work book are made without fail. Moreover, the nature of the work (temporary) is not indicated. The record is drawn up in a standard way indicating the organization, position and document-basis.

Subtleties of the law

The legislation defines clear conditions under which a fixed-term contract can be concluded. These may be the following reasons.

In these cases, a fixed-term contract is drawn up and signed. Entries in the workbook are made in any case: both when applying for a job, and when the contract is terminated.

Student agreement

An employer may enter into a student agreement with:

• new employee for vocational training;
• with a permanent employee for training or retraining on the job (with a break) from production.

The student agreement is considered an additional document to the main employment contract. Consequently, when registering a student agreement, an entry in the work book is not made. The employee undergoing training must have a record of employment under a standard contract.

Training can be organized in the form of individual or collective training, in the form of courses and in other forms.

The student agreement must contain:

1. Details of the parties.
2. Description of the specialty, profession or qualification that the employee receives.
3. The obligation of the leader to provide the employee with the opportunity to learn.
4. The employee’s obligation to undergo established training and to work on the profession acquired for the period of time specified in the contract.
5. Training period.
6. Salary during the training period.

The contract may contain other information necessary for training.

After graduation, the employee does not pass the probationary period (if this is a newly arrived employee). In the event that the employee does not fulfill his duties after receiving a specialty, the employer may demand the return of the money that was paid to him during the training, as well as reimburse other monetary compensation.

The student agreement expires upon expiration of the period indicated therein.

Civil contract

Concluding a civil contract, they do not make an entry in the labor book. But this period of work must be taken into account when calculating the pension, as the employer is obliged to make insurance contributions for the employee carrying out activities of a civil law nature.

The duration of work included in the length of service is determined by the duration of such a contract.

And if work under an employment contract is regulated by labor law, then a civil law contract is based on civil law.

At the conclusion of the contract, the parties are the customer and the contractor. Accordingly, the subject of the contract is the result of the work.

By signing a contract, do not make an entry in the work book. This means that the contractor is not subject to internal local acts of the customer, he must not obey the officials of the customer and adhere to the work schedule.

Combination and combination

Often these two concepts are confused. But legal norms clearly distinguish between combination and combination.

Combination is within the framework of one employment contract. Payment and term of combination are determined by the order for the organization, which is issued after agreement with the employee after his written application and additional agreement.

Part-time employment involves the creation of a new labor contract in compliance with legislative norms. The law limits the number of such contracts and the number of employers. Employment can be considered by employees in the following areas: medicine, pharmacology, culture and education.

So, unlike combining, combining allows a new employment contract. The entry in the workbook is made, according to the position. With external part-time recording is done at the request of the employee.

Record in the labor: rules

If the employee first takes a job, then after signing the labor contract, the employer or authorized person must start and fill out a labor form. On the title page, you must fill in all the lines according to the submitted documents:

1. Surname, name and patronymic are fully registered, without abbreviations.
2. Date of birth and place.
3. Education.
4. Profession and specialty.
5. Date of completion.
6. Signature of a specialist and employee.
7. Seal of organization.

Next, you need to fill out information about labor activity. There are four columns in the work section:

• the first is the serial number of the record;
• in the second - the date of entry;
• in the third, the name of the organization for which position the employee is taken;
• in the latter, a document substantiating the employee’s appointment.

Termination of an agreement

After the employment contract is terminated, the entry in the workbook is done on the basis of the relevant order of dismissal.

You can terminate the contract for the following reasons:

1. Agreement of the parties.
2. Expiration of a document.
3. Transfer of an employee to another position or to another employer.
4. Refusal to perform duties under the new owner.
5. Employee initiative.
6. Employer initiative.
7. Refusal of the employee to perform labor duties when changing the essential conditions of the labor agreement.
8. Refusal of the employee to transfer to another position or to move to another locality for medical reasons.
9. The presence of circumstances that are not dependent on the will of both parties to the contract.
10. Violation by one of the parties of the rules for concluding a contract.

Termination of employment can also be for other reasons, if they are specified in labor law and do not contradict legislative norms.

According to the law, the last thing when dismissing is an entry in the work book. Termination of the employment contract should be based on the application of the employee or notification from the head.

After that, an order is issued to terminate employment with the exact date of dismissal. And only on the last working day the employee receives the due compensation and payments, as well as the work book with all the necessary entries.