Documentation of labor relations. Coursework: Documentation of labor relations Employment contract

Personnel documents are of great importance in our lives, reflecting the employee’s work activity and confirming the length of service necessary for calculating a pension.

In the conditions of market relations, with the creation of a large number of different firms, enterprises, organizations, the problem of correct documentation has become acute labor relations, organization of work and preservation of personnel documentation, which reflects the relevance of the topic. Almost everywhere, due to the small number and incompetence of personnel, companies do not attach importance to the preparation, maintenance and preservation of personnel documentation. Kuznetsova T.V. Working with personnel documents//Secretary affairs. - 1996 - No. 4(2). - With. 9. The most important role of these documents in the life of every person is often underestimated by the heads of commercial structures (although they bear personal responsibility for the documentary fund of the enterprise), as a result of which personnel documentation is maintained in gross violations of the relevant requirements of national legislative and regulatory acts (for example, the Labor Code Russian Federation- Labor Code of the Russian Federation), Instructions on the procedure for maintaining work records at enterprises, institutions and organizations, etc.) Thus, errors in maintaining personnel documentation not only express disrespect for employees, but are also a violation of the requirements of labor legislation.

A set of documents that record the stages labor activity employees is called personnel documentation (personnel, personnel). Such documents include:

labor contracts (agreements) concluded by the enterprise with the employee;

orders on personnel (on hiring, dismissal, transfer of an employee);

work books;

personal cards form - T-2;

Personal things;

personal accounts for wages.

Documents on personnel are the most important documents and require special care and accuracy when preparing, maintaining and ensuring safety over a long period of time.

M.V. Stenyukov in his work notes that when working with documents on personnel, it is necessary to take into account that the Law classifies personal data (information about facts, events and circumstances of work and personal life) of citizens as confidential information" Stenyukov M.V. Documentation. Office work: Practical guide on documentation support of the enterprise's activities. - M. Prior, 2001. - P. 69

The documents that arise when applying for a job are very important.

The first thing any entrepreneur faces when becoming an employer is hiring employees. Hiring must be properly completed. When starting a job, an employee must present a passport that complies with the legislation on passports, as well as a work book or a certificate of last occupation if he is starting work for the first time. For those liable for military service, it is also required to present a military ID, and for persons from 14 to 16 years old - a birth certificate. In the case when a specialist is hired, from whom special knowledge or certain qualifications are required, the administration of the enterprise is obliged to require the presentation of the corresponding original or other document indicating the education received, qualifications, work experience, etc. Pustozerova V.M., Solovyov A.A. Hiring and dismissing employees. - M.: Prior, 2002. - p.4.

The applicant writes a personal statement requesting employment. It indicates the position, the structural unit where the applicant is asking to be hired, and the conditions for admission (for example, certain period or for the duration of specific work, etc.). The salary and date of employment will be indicated in the visas or resolution of the manager. The application is signed and dated.

If necessary, fill out a personal personnel record sheet (or questionnaire) and compile an autobiography.

The questionnaire is the most convenient generalizing document that gives necessary information about the employee, and if he does not object to filling it out, the employer only benefits from this. But due to the fact that the questionnaire is not listed among the documents required when applying for a job, the employer does not have the right to demand its completion. Right there. - With. 3.

The applicant signs the completed application form and puts the date. The secretary or employee applying for a job checks the accuracy of the information provided in the application form, checking it with the passport, military ID, education documents, and work book. Kuznetsova T.V. Working with personnel documents // Secretarial work. - 1996. - No. 4(2). - With. 12.

The employment application is accompanied by the visas of the persons involved in the consideration of hiring the employee for the given position.

If the issue is resolved positively, an employment agreement (contract) is concluded with the person applying for work, and an employment order is issued.

The definition of an employment agreement (contract) is given by Article 15 of the Labor Code: “ Employment contract(contract) is an agreement between a worker and an enterprise, institution, organization, according to which the worker undertakes to perform work in a certain specialty, qualification or position, subject to internal labor regulations, and the enterprise, institution, organization undertakes to pay the worker wages and ensure working conditions provided for by labor legislation, collective agreement and agreement of the parties.” Code of Labor Laws of the Russian Federation (as amended and supplemented as of 12/01/94) - M.: Brandes Publishing House, 1994 - Art. 15.-p.6.

In the comments on the legislation on employment contracts, it is noted that the Labor Code uses the terms “employment agreement” and “contract” as equivalent concepts, aonyms. “Such proximity means that the legislator does not see the difference between an employment agreement and a contract.”

Article 18 of the Labor Code of the Russian Federation states: “An employment agreement (contract) is concluded in writing. Hiring is formalized by order (instruction) of the administration of the enterprise, institution, or organization. The order (instruction) is announced to the employee against signature.” Thus, “at present written form mandatory for all employment contracts,” and the conclusion of an agreement (contract) does not exclude the need to create an order.

The employment contract has a standard form, which includes the individual working conditions of the employee, position, job responsibilities. There are different basic and additional terms of an employment agreement (contract). The main terms of an employment agreement (contract) include agreements: on work in one or more specialties (positions) corresponding to qualifications; place of work (enterprise, its structural unit, their location); duration and type of employment agreement (contract); on the terms of remuneration.

According to Article 21 of the Labor Code, when concluding an employment agreement (contract), a test may be subject to agreement between the parties in order to verify the employee’s suitability for the work assigned to him. The condition of the test must be indicated in the order (instruction) on hiring. Article 22 notes that “the probationary period, unless otherwise established by law, cannot exceed three months, and in some cases, in agreement with the relevant trade union committee, six months.”

In accordance with Article 17 of the Labor Code of the Russian Federation, employment agreements (contracts) are concluded:

for an indefinite period, i.e. on permanent job;

for a specified period of not more than five years;

for the duration of a specific job.

A fixed-term agreement (contract) is concluded in cases where employment relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, or the interests of the employee, as well as in cases directly provided by law. Fixed-term employment contracts are concluded primarily in cases where the work is not of a permanent nature. For example, to replace employees on parental leave, in maternity leave or those who went on a long business trip, etc. The day such an employee goes to work will be considered the day the fixed-term employment contract ends by the replacement employee.

In the event of a conflict situation, the written form of the employment agreement (contract) will be the main document defining the relationship between the employee and the employer, and a reliable guarantee against possible misunderstandings.

Simultaneously with the preparation of the employment agreement (contract), a draft employment order is being prepared. Order on personnel - legal act, published on issues of regulating labor relations between citizens and the administration of enterprises, institutions and organizations.

Orders for personnel formalize hiring, transfer, secondment, leave, change of name, dismissal, promotion, punishment and others. legal facts arising in the process of personnel management.

Orders on personnel are issued in strict accordance with the Labor Code of the Russian Federation and are the basis for making entries in work books, service records, personal personnel records, awards, financial and other documents. Iritikova V.S. Order on personnel // Secretarial Affairs. - 2003. - No. 1. - p. 20. When hiring, the established amount of remuneration (salary, bonus, indexation, tariff rate) and, if necessary, conditions of employment must be indicated: temporarily (from... to...), from probationary period(its duration), etc. Secretarial work/Kuznetsova T.V., Serova G.A., Andreeva V.I., Litvintseva N.A. - Special issue of the magazine “Secretary Affairs”, M. 2003. - p. 135 Each paragraph of the order for personnel must end with a reference to the written basis for this administrative action.

The draft order on personnel is usually agreed upon with all those interested in this issue officials. Mandatory approval of such orders by the head of the personnel service is provided.

Orders for personnel must be recorded in the registration book (magazine) or registration cards.

The first copies of orders for employment, as well as orders for transfer, dismissal, change of name are filed in a separate file according to the nomenclature of cases (Orders for personnel). Orders regarding personnel, according to the Labor Code of the Russian Federation, are brought to the attention of employees against receipt. Labor Code of the Russian Federation (as amended and supplemented as of December 1, 1994) - Art. 18, p. 7.

After the head of the organization signs the order for employment, a personal card is created for the worker or employee (form No. T-2), which is necessary for analyzing the composition and recording the movement of personnel.

The basis for the records are the relevant documents (passport, work book, military ID, education documents, etc.). All subsequent changes in the employee’s biographical and accounting data must be promptly reflected in the personal card. The shelf life of orders for personnel and personal cards (Form No. T-2) is 75 years. Scroll standard documents, formed in the activities of state committees, ministries, departments and other institutions, organizations, enterprises, indicating storage periods. - M.: Main Archival Directorate under the Council of Ministers, VNIIDAD, 2003. - p.68.

Then, a personal file is drawn up for all employees of the company, with the exception of those hired for temporary work, workers and junior service personnel (only a personal card in form No. T-2 is kept for them).

A personal file is a set of documents containing the necessary information about the employee and his work experience. Kuznetsova T.V. Working with personnel documents//Secretary affairs. - 1996. - No. 4(2). - p.17. The procedure for working with personal files is not regulated by national standards, and therefore enterprises solve the issues of their formation and management in different ways. As a rule, personal files are kept for executives, specialists, financially responsible persons, etc. Initially, documents that formalize the hiring process are grouped into a personal file, and subsequently all the main documents that arise during the employee’s working life at the enterprise. An internal inventory is drawn up for personal file documents. Personal affairs are recorded in the personal affairs journal, which is the main accounting document. The HR department stores personal files of only working employees. Personal files of dismissed employees must be transferred to archival storage and stored for 75 years.

Thus, hiring is usually accompanied by the creation of the following important documents: applications; if necessary - questionnaires; employment agreement (contract); an order for employment, a personal card (form No. T-2), and, if necessary, personal files are drawn up (after the order for employment is issued).

Plan

1. Classification of personnel documentation.

2. The composition of documents used when applying for a job.

Guidelines for studying the topic

Labor relations between an employer (organization, owner of an enterprise) and an employee in the Russian Federation are regulated by the Labor Code of the Russian Federation. All stages of the labor cycle from hiring a new employee to his dismissal are subject to documentation.

When studying this topic, students should familiarize themselves with the work of the personnel service and master the stages of the employee’s labor cycle at the enterprise, and familiarize themselves with legislative acts on labor.

In the practical part of the lesson, students must use examples to draw up and fill out documentation drawn up in the personnel service and accompanying the processes of personnel movement at the enterprise.

Documents created when registering the admission, dismissal and transfer of employees, granting leave, and incentives constitute a group of documents for personnel. This - orders for personnel, statements, characteristics, work books, personal cards, as well as all documents included in the personal file. In addition, the organization itself creates regulations containing norms labor law. These include collective agreements, agreements, employment contracts.

When applying for a job, a citizen submits a written statement, in which he sets out a request for enrollment in the enterprise.

The statement might look like this:

STATEMENT to CEO

02/08/2009 JSC "Izumrud"

N. I. Sergeev

from Kulakov Sergei Nikolaevich

(possible residential address)

I ask you to accept me as of 02/08/2009 for a permanent job in the economic planning department for the position of chief economist.

Personal signature S. N. Kulakov

If the decision on hiring a job is positive, the applicants will be dealt with employment contract(adj. 4) and published employment order (Appendix 5) By unified form No. T-1, if one employee is hired. According to form No. Т-la order for personnel (Appendix 6), in case of simultaneous registration of several employees.

Employment history is the main document on the labor activities of workers and employees. An example of filling out a work book is presented in table 1.

Table 1

Example of filling out a work book

Control questions

1. What documents are required when applying for a job?

2. What information about the person applying for a job is indicated in the employee’s personal cards?

3. What is the procedure for registering and filling out a work book?

4. State the details of the employment contract and outline its contents.

5. State the sequence of registration and conditions for transferring an employee to another position.

6. What is the composition of the documentation drawn up upon dismissal of an employee?

Tasks

Exercise 1.

1. Write a job application (enter the details yourself).

2. Based on the application, issue an order for employment.

3. Make an entry in the work book about hiring in the form:

Column No. 1 – record number;

Column No. 2 – date (day, month, year of commencement of the order for personnel);

column No. 3 – information about hiring;

Column No. 4 – on the basis of which the entry was made (document, its date and number).

Task 2.

Draw up the text of orders for transfer to another job;

1. Secretary-referent S. E. Solovyov for the position of economist of the planning department.

2. Electrician Kozlova S.P. temporarily for the position of watchman (indicate the reason yourself).

3. Programmer L. G. Simonov, in connection with the renovation of premises, is temporarily in the Kalachinsky branch while maintaining his average monthly salary.

Task 3.

1. Draw up an order for the enterprise OJSC Aquarius, containing information about the hiring of I. I. Ivanova to the position of accountant, the dismissal due to the retirement of P. P. Petrov, the business trip of S. P. Kim to Saratov for advanced training from 01/29/2008 to 02/13/2009

2. Draw up an extract from the order containing a clause on the secondment of Kim S.P. to Saratov for advanced training.

Task 4. TEST “Registration of personnel documentation”

l. To whose name is the application addressed?

a) addressed to the head of the organization;

b) addressed to the head of the organization’s personnel department;

c) addressed to the head of the structural unit where they are applying for work.

2. The order for personnel is signed by:

a) the head of the organization;

b) head of the personnel department;

c) legal adviser.

3. Probation

a) required condition labor contract;

b) cannot exceed 6 months;

c) is not established when hiring young specialists after graduating from higher and secondary specialized educational institutions.

4. In what case is an employment agreement (contract) not considered concluded?

a) if the conditions for the place of work are not agreed upon;

b) if conditions on the nature of the labor function are not specified;

c) if the conditions for the duration of the employment contract are not specified;

d) if conditions on the amount of remuneration are not agreed upon;

d) in any of these cases.

5. On the basis of what documents can an order regarding personnel be issued?

a) based on an application;

b) on the basis of an employment contract;

c) on the basis of a report;

d) based on a certificate;

e) on the basis of an act;

f) on the basis of any of the listed documents

6. Work books are being created for the first time;

a) on the day of entry into work;

b) for those who worked for more than 5 days;

c) at the end of the probationary period;

d) at other times.

7. When applying for a job you must present the following documents:

a) application, autobiography, copies of educational documents, personal personnel records, work record book, passport;

b) application, autobiography, copies of education documents, references from the previous place, personal personnel record sheet, work book.

Personnel documents are of great importance in our lives, reflecting the employee’s work activity and confirming the length of service necessary for calculating a pension.

Introduction________________________________________________________________
1. Documentation of labor relations_______________
2. Registration of labor relations
when applying for a job_______________________________________________
3. Types of documents for registration
labor relations ____________________________________________
3.1 Orders for personnel__________________________________________
3.2 Personal card _____________________________________________________
3.3 Personal file_______________________________________________
3.4 Hiring _________________________________________________
3.5 Employment contract __________________________________________
Sample employment contract_____________________________________________
Conclusion___________________________________________________
List of sources used______________________________

The work contains 1 file

Introduction______________________________ ______________________________ __
1. Documentation of labor relations_______________
2. Registration of labor relations
when applying for a job___________________________ _______________
3. Types of documents for registration
labor relations_____________________ _______________________
3.1 Orders for personnel _______________________ ___________
3.2 Personal card ______________________________ ______________
3.3 Personal file__________________________ _____________________
3.4 Hiring ______________________________ _____________
3.5 Employment contract ______________________________ ____________
Sample employment contract______________________________ _______________
Conclusion____________________ ______________________________ _
List of sources used____________________ __________
Annex 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Appendix 6

Appendix 7

Appendix 8

Introduction

Personnel documents are of great importance in our lives, reflecting the employee’s work activity and confirming the length of service necessary for calculating a pension.
In the conditions of market relations, with the creation of a large number of different firms, enterprises, organizations, the problem of correct documentation of labor relations, organization of work and preservation of personnel documentation has become acute, which reflects the relevance of the topic. Almost everywhere, due to the small number and incompetence of personnel, companies do not attach importance to the design, maintenance and preservation of personnel documentation. The most important role of these documents in the life of every person is often underestimated by the heads of commercial structures (although they bear personal responsibility for the documentary fund of the enterprise), as a result of which personnel documentation is maintained in gross violations of the relevant requirements of national legislative and regulatory acts.
Thus, errors in maintaining personnel records not only express disrespect for employees, but are also a violation of labor legislation.
When working with documents, it is necessary to be guided by the regulations of the Russian Federation, which provide for the preparation of documents according to certain rules, maintaining a nomenclature (list) of cases, creating an archive of the organization to ensure the safety of the most valuable documents.

1. Documentation of labor relations
Labor relations between an employee and an employer arise on the basis of a concluded employment contract. Registration of labor relations means their documentation, i.e. the creation of appropriate documents.
As a result of documentation, organizational, administrative, accounting, information, reference and other documents of various types and varieties are created.
The mandatory registration of documents is directly determined by the requirement of clause 4.1.2 of the Standard Instructions for Office Work in Federal Bodies executive power, approved by order of the Ministry of Culture of Russia dated November 8, 2005 No. 536: “...all documents that require recording, execution and use for reference purposes are subject to registration”
Thus, personnel records management is a set of procedures for the compilation, execution, processing, storage and retrieval of documents on personnel management. For the timely and correct implementation of these procedures, it seems most appropriate to regulate as much as possible the composition personnel documents , as well as the technology for working with them through the creation of a set of local regulations for office work: the Timesheet document forms
, Album of document forms, HR document flow graphics, Instructions for HR records management.
One of the main objectives of these acts is to reflect the characteristics of the organization’s production activities, and for novice personnel service workers, local regulations on office work should become a reference book that provides answers to questions they have about documenting labor relations.
2. Registration of labor relations when applying for a job
When all stages of the interview have been completed and the company invites the candidate to work, on the first day of work you must bring the documents necessary to draw up an employment contract. The list of these documents is established in Article 65 of the Labor Code of the Russian Federation.
Article 65. Documents presented when concluding an employment contract
Upon conclusion of a labor contract contract person when applying for a job, presents to the employer:
1. passport or other identity document;
2. work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
3.insurance certificate state pension insurance;
4.documents military registration- for those liable for military service and persons subject to conscription military service;
5. a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.
When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.
Article 67. Form of employment contract
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties.
One copy of the employment contract is given to the employee, the other is kept by the employer.
An employment contract that is not properly executed is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three days from the date the employee is actually admitted to work.
It is worth noting that employment is formalized by order of the employer. The order is issued on the basis of the concluded employment contract. The employee must be familiarized with the order (against signature) within three days from the date of signing the employment contract.
Note that hiring a manager in practice is somewhat different from hiring an ordinary employee. This is due to the legal status of the first, which is formed equally on the basis of labor and civil law. Civil law regulates that part of the relationship that arises for the manager as a person appointed by the owner of the company to carry out commercial activities (business decisions, transactions, asset management, liability measures in case of damage, and so on).
3. Types of documents for registration of labor relations
Personnel documents confirm the place and length of work of citizens and are of paramount importance for each employee of the company when applying for a pension and in all cases requiring confirmation of length of service and place of work. Registration of hiring, transfers, dismissals, vacations, business trips is carried out by the secretary if there is no special employee.
Personnel documents include:
3.1 Orders for personnel.
They are the most important documents drawn up in the process
documenting the functions of the enterprise's personnel service. Orders formalize: hiring, transfer and dismissal of employees; providing them with vacations and business trips; changes in labor conditions and remuneration, assignment of grades and changes in personal and biographical data;
incentives and penalties.
To issue orders for personnel, a written justification is required, which can be: a personal statement from the employee, a contract, a memorandum from the head of a structural unit (for example, on the transfer of an employee or on sending him on a business trip), an act (for example, on a violation of discipline), an official letter from another organization requesting the transfer of an employee, a marriage certificate reflecting the fact of a change in the employee’s surname.
When hiring, be sure to indicate the established amount of remuneration (salary, bonus, indexation) and, if necessary, the conditions of employment: temporarily (from ... to ...), with a probationary period (its duration).
When transferring to another job - new position and department, type of transfer (for temporary transfers - indicating the duration), reason for the transfer, change in wages (if it occurs).
Upon dismissal - reason for dismissal, according to the articles of the TCRF.
When granting leave - its type, duration, start dates
and endings.
When traveling on a business trip - date and duration of business trips, place of destination, name of the enterprise.
Orders regarding personnel are brought to the attention of employees against receipt.

Types of employee familiarization can be located either directly after the text of each paragraph of the order, or after the signature of the head of the enterprise.
Orders for personnel must be registered (separately from orders for main activities). A registration book (magazine) is used as a registration form (for a relatively small number of personnel orders issued during a calendar year) or registration cards (for large arrays of orders for the convenience of reference and search work). The registration form indicates: date and number of the order, contents, and who signed the order. Taking into account the differences in the shelf life of orders for personnel, it is recommended to index (number) them according to the following rule: a letter designation is added to the serial number of the order (to distinguish it by number from the order for the main activity).

Information contained in orders for personnel (information about work and incentives) is recorded in work books.

3.2 Personal card.
A personal card is created for all hired employees
(Form T-2), which is the main accounting document. The personal card is used to analyze the composition and record the movement of personnel.
The personal card is filled out in one copy. All subsequent changes in the credentials provided for in the form must be promptly reflected in the personal card.
The card is placed in the alphabetical card index of employees. At

Personal cards are generated separately for working and dismissed employees. Personal cards of employees are kept by the person responsible for personnel documentation until the employee is dismissed. They are systematized by structural divisions, and internally - according to the alphabet of surnames.
Personal cards of dismissed employees are separated from the general file and stored by the person responsible for personnel documentation for a year. Inside the file, they are arranged strictly in alphabetical order of surnames, and after the end of the current year they must be prepared for transfer to archival storage.

3.3 Personal matter.

The management of personal affairs requires special attention.
A personal file is a set of documents containing the necessary
information about the employee and his work experience.
Initially, documents drawn up upon hiring are placed in the personal file. During the employee’s working life, his personal file may be supplemented with other documents indicating changes in his education, marital status, etc.
Each personal file is created in a separate folder. The cover design includes: case number, last name, first name, patronymic of the employee, date of employment.
Employees maintaining personnel documentation are responsible for the correct registration of personal files.
For the convenience of maintaining personal files and reference work, you can
It is recommended that documents be included in the case in the following sequence:

Internal inventory case documents;

Addition to the questionnaire;

Application for a job;

Application form with photo;

Employment contract;

Employment order (copy);

Education documents (copy);

During the course of an employee’s work activity, his or her business may
add documents confirming changes in biographical data (copies of diplomas, certificates, documents of civil registry offices, certificate sheets, copies of audit reports, etc.).
Because changes in the official position are recorded in the addition to the questionnaire, where a reference is made to the corresponding number and date of the order; copies of orders for transfer to service are not included in the personal file.
Certificates from educational institutions granting study leave, certificates from place of residence, and health status are not subject to inclusion.
An internal inventory is drawn up for personal file documents.
Each personal document is entered into the inventory separately. Inventory
drawn up and signed by the employee maintaining personnel documentation, indicating the date of formation of the personal file. The starting date of the personal file is the date of the job application, and the ending date is the date of dismissal.
The personal file is kept in one copy.
The employee responsible for maintaining personnel documentation is obliged to promptly:

Make entries in your personal file about changes in your official position

Employee, biographical information, marital status, location

Residence, etc.;

Attach received documents to the case.

The basis for making changes and additions to a personal file is:

On official status - an order from the head of the organization about

Translation;

About education – documents from educational institutions (diploma, certificate,

Certificate, certificate);

On changing the last name, first name, patronymic - personal order

The composition was published on the basis of documents from the registry office.

Making changes and additions to personal file documents based on the employee’s words is not allowed.
Removal of documents from a personal file can only be carried out with the permission of the organization’s management. Instead of the seized document, a certificate signed by the employee responsible for maintaining personnel records is included, indicating for what purpose and by whose order the document was seized and to whom it was transferred.
When an employee is dismissed, a resignation letter and a copy of the dismissal order are placed in the personal file.
Personal affairs are recorded in the personal affairs journal, which is the main accounting document. The number of issues in the journal must correspond to the number of available personal files. When an employee is dismissed, his file number is used for the personnel file of the newly hired employee.
On the front cover of the personal file and in the personal card T-2
The number under which the case is recorded in the journal is indicated.
Once a year, the availability and condition of personal files is checked, and a corresponding report is drawn up.
A personal file can be issued for temporary use at the request of government authorities for a period of up to 15 days with the permission of the organization’s management.
The issuance of a personal file for temporary use is carried out using a control card, which is placed in the place of the issued file. The control card indicates when, where and to whom the case was issued and the signature of the person who received the case is affixed.

3.4 Hiring.

Hiring to a company is usually accompanied by the creation following documents: statements; questionnaires; employment agreement (contract); employment order; personal card (form T-2).
The application is most often written by hand, but the company may have a pre-designed and replicated stencil form that the applicant will fill out. The application indicates the position, the structural unit where the applicant is asking to be hired, and the conditions of admission (for example, for a certain period or for the duration of a specific job, etc.). The salary and date of employment will be indicated in the visas or resolution of the manager. The application is signed and dated.
Persons aged 14 to 16 years are required to present a birth certificate when starting work.
In practice, those applying for a job usually fill out a questionnaire (or a personnel registration sheet). The questionnaire is the most convenient generalizing document that provides the necessary information about the employee. It must be filled out by hand in one copy and must be without blots or corrections. Therefore, when submitting the form for registration, you should explain the procedure for filling it out.
The visas of the persons involved in the consideration of hiring the employee for this position are affixed to the job application.
If the issue is resolved positively, an employment contract is concluded with the applicant and an employment order is issued.

3.5 Employment contract.

The employment contract has a standard form in which
individual working conditions of the employee, position, job responsibilities.
An employment contract is an agreement between a worker and an enterprise, institution, organization, according to which the worker undertakes to perform work in a certain specialty, qualification or position, subject to internal labor regulations, and the enterprise, institution, organization undertakes to pay the worker wages and ensure working conditions provided for by law on labor, collective agreement and agreement of the parties.
There are different basic and additional terms of an employment contract.
The main terms of an employment contract include agreements: on work in one or more specialties (positions) corresponding to qualifications; place of work (enterprise, its structural unit, their location); duration and type of employment agreement (contract); on the terms of remuneration.

In accordance with Art. 58 TCRF, employment contracts are concluded:

For an indefinite period, i.e. for permanent work;

For a specified period of not more than five years;

For the duration of a specific job.

A fixed-term employment contract is concluded when the employees
relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions of its implementation, or the interests of the employee, as well as in cases directly provided for by law.

Sample employment contract

EMPLOYMENT CONTRACT

St. Petersburg “__” ___________ 20__

Limited Liability Company “____________________”, hereinafter referred to as the Employer, represented by the General Director ______________________, acting on the basis of the Charter, on the one hand, and _______________________, hereinafter referred to as the Employee, on the other hand, have entered into this employment agreement as follows:
1. The Subject of the Agreement
1. The Employee is hired as ___________________________ (position) in a structural unit located at the address: ______________________________ __ (place of work), in connection with which the Employer undertakes to provide the Employee with work for the specified labor function, to provide working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, collective agreements, agreements, local regulations containing labor law standards, pay the employee wages in a timely manner and in full, and the Employee undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force in the organization .
2. When exercising his rights and performing his duties, the Employee is obliged to act in the interests of the Employer. The Employee undertakes to exercise his rights and fulfill his labor duties in good faith and rationally.
3. This employment contract is concluded for an indefinite period. Commencement of the contract - “__” __________ 20__. Start date of work - “__” __________ 20__.
4. In order to verify the compliance of the Employee’s qualifications and his attitude to work, a probationary period of 2 months is established from the moment the Employee begins to perform his job duties.

The present work is the main one for the employee.
II. Rights and obligations of the parties
5. The employee has the right:
5.1. To a properly equipped workplace, provision of materials and supplies necessary for the Employee to perform his job duties.
5.2. For timely payment of labor in the amounts provided for in this employment contract.
5.3. For annual paid leave in accordance with vacation schedules and weekly rest.
5.4. For social benefits in accordance with the legislation of the Russian Federation, the collective agreement and this employment contract.
6. The employee undertakes:
6.1. Conscientiously perform duties in accordance with the job description.
6.2. Submit to the internal labor regulations of the Employer.
6.3. Maintain labor discipline.
6.4. When performing work duties, comply with the rules and regulations on labor protection, safety and fire safety.
6.5. Treat the Employer's property with care.
6.6. Maintain information that constitutes official and commercial secrets of the Employer.
7. The employer has the right:
7.1. Require the Employee to conscientiously fulfill his duties under this employment contract.
7.2. Provide incentives to the Employee for conscientious and effective work.
7.3. Bring the Employee to disciplinary liability for committing misconduct in the manner prescribed by the labor legislation of the Russian Federation.
8. The employer undertakes:
8.1. Accurately comply with the terms of this employment contract, pay the Employee on time, resolve issues of social security for the Employee.
8.2. Provide the Employee with the appropriate conditions necessary for him to perform his duties, provide the Employee with the means, materials and equipment that are necessary for him to fulfill the terms of this employment contract.
8.3. Provide conditions for safe and efficient work of the Employee, equip him workplace in accordance with occupational health and safety regulations.
8.4. Timely pay the wages stipulated by this employment contract and other payments due to the Employee.
III. Salary, vacation, social insurance
9. For the performance of duties stipulated by the terms of this employment contract, the Employee is paid a salary for the position in the amount of ___________ (_______________) rubles per month.
10. The Employee’s annual paid leave is set at 28 calendar days.
11. Upon the occurrence of a corresponding insured event, the employee is provided with the following types of social insurance: temporary disability benefits, benefits in connection with work injury and occupational disease, payment for vouchers for sanatorium treatment and health improvement of workers and members of their families, as well as other types in accordance with the procedure and under the conditions provided for by current legislation.
IV. Other terms of the employment contract
12. The employee bears property liability for damage caused by his actions in the presence of his fault, as well as on the terms and in the manner provided for by the labor legislation of the Russian Federation.
13. Disputes and disagreements that may arise during the implementation of the terms of this employment contract, the parties will strive to resolve by mutual agreement. If a mutually acceptable solution is not reached - in the manner prescribed by the Labor Code of the Russian Federation.
14. For all issues that have not been resolved in the terms of this employment contract, but directly or indirectly arising from the relationship between the Employer and the Employee under it, the parties to this employment contract will be guided by the provisions of the Labor Code of the Russian Federation and other relevant regulations of the Russian Federation.
Conclusion

The set of documents that record the stages of employees’ work activities is called personnel documentation (personnel, personnel).
These documents are the most important documents and require special care and precision when executed, maintained and stored over a long period of time.
Mandatory maintenance of personnel records at any enterprise is provided for by the relevant national legislative and regulatory acts: the Labor Code of the Russian Federation, the Instruction on the procedure for maintaining labor records at enterprises, institutions and organizations, the List of standard documents generated in the activities of state committees, ministries, departments and others institutions, organizations, enterprises indicating storage periods, Model standards time for work on staffing and accounting, and others.
Consequently, one of the most important functions of personnel
service of the enterprise (or the employee responsible for working with personnel) is the correct documentation of labor relations.
In particular great attention it is necessary to pay attention to documents arising in the process of hiring, transferring, and dismissing employees, so that they comply with the rules and wording of the current legislation.
Thus, the procedures performed HR department when registering the movement of personnel, they are documented by working with certain documents, the most important of which are the employment agreement (contract), orders for personnel, and the work book.
"One of the main legal institutions labor legislation is an employment contract. With its help, citizens realize their ability to work, determine basic and additional working conditions, and also terminate labor relations.” It is drawn up in two original copies, one of which remains at the enterprise, and the other is kept by the employee.
Each point of the order for personnel - a legal act,
issued on the regulation of labor relations between citizens and the administration of enterprises, institutions and organizations - must be formulated in strict accordance with the requirements of the Labor Code of the Russian Federation
As a result of this, it is clear that it is in the interests of both the employee and the employer that the correct execution, maintenance and storage of personnel documentation meets all the requirements of laws and regulations. In this case, the employer has
the ability to carry out the most rational distribution of work, ensuring effective organization labor, as well as determine the degree of worker workload and perfection technological process, and the employee more clearly represents his job responsibilities and reserves for increasing the productivity of their labor.

List of sources and literature.

1. Andreeva V.I. Office work: requirements for the company's document flow (Based on the State Standards of the Russian Federation). - M.: Bizn.-shk. Intel Synthesis, 2004
2. Iritikova V.S. Order on personnel//Secretary affairs. – 2007
3. Labor Code RF Moscow 2009
4. Commentary on the legislation on employment contracts. – M.: Legal. Litera, 2004.
5. Kuznetsova T.V. and others. Secretarial work / T.V. Kuznetsova, G.A. Serova, V.I. Andreeva, N.A. Litvintseva. – M.: journal. "Secretary Affairs", 2006.
6. Pustozerova V.M., Solovyov A.A. Hiring and dismissing employees. – Prior, 2006
7. Stenyukov M.V. Documentation. Office work: Practical. A manual for document support of enterprise activities. M.: Prior, 2006.
8. http://revolution.allbest.ru/ law

9. Manual Office work N.V. Sokolova St. Petersburg 2009

10.http://www.trkodeks.ru/

11. http://www.hr-portal.ru/ article/voprosy-kadrovogo- dokumentooborota-svyazannye-s- generalnym-direktorom-kompanii

12. http://ru.wikipedia.org/ wiki/%D0%97%D0%B0%D0%B3%D0%BB% D0%B0%D0%B2%D0%BD%D0%B0%D1%8F_ %D1 %81%D1%82%D1%80%D0%B0%D0% BD%D0%B8%D1%86%D0%B0

Introduction

Personnel documents are of great importance in our lives, reflecting the employee’s work activity and confirming the length of service necessary for calculating a pension.

In the conditions of market relations, with the creation of a large number of different firms, enterprises, organizations, the problem of correct documentation of labor relations, organization of work and preservation of personnel documentation has become acute, which reflects the relevance of the topic. Almost everywhere, due to the small number and incompetence of personnel, companies do not attach importance to the design, maintenance and preservation of personnel documentation. The most important role of these documents in the life of every person is often underestimated by the heads of commercial structures (although they bear personal responsibility for the documentary fund of the enterprise), as a result of which personnel documentation is maintained in gross violations of the relevant requirements of national legislative and regulatory acts (for example, the Labor Code of the Russian Federation Labor Code of the Russian Federation), Instructions on the procedure for maintaining work books at enterprises, institutions and organizations, etc.). Thus, errors in maintaining personnel records not only express disrespect for employees, but are also a violation of labor legislation.

In accordance with current legislation on archival affairs Local authorities are taking measures to improve documentation management at enterprises. The Government of the Russian Federation and the Government of Moscow drew attention to the unsatisfactory condition, as well as the poor preservation of documents, including personnel records.

On October 19, 1993, Moscow Mayor Yu. M. Luzhkov signed a decree “On approval of the amount of penalties imposed by the Mosgorarchiv association for violation of the current legislation on archival matters.” For example, a fine of up to 70 times the minimum wage is provided for by this order for the loss of permanent and long-term storage files, including materials on personnel (loss of documents, illegal destruction of them).

As a result of the order signed by the Chairman of the Government of the Russian Federation V.S. Chernomyrdin on improving the organization of storage of personnel documents, clauses on working with personnel documentation and ensuring its safety must be included in the charters of created companies, partnerships, etc. Thus, the rules for working with documents have become indispensable integral part charters of newly registered enterprises.

When working with documents, it is necessary to be guided by the regulations of the Russian Federation, which provide for the preparation of documents according to certain rules, maintaining a nomenclature (list) of cases, creating an archive of the organization to ensure the safety of the most valuable documents. Therefore, it is very important to consider the process of regulation by legislative and regulatory acts of the Russian Federation of such documents as an employment agreement (contract), orders for personnel, work books, which allows you to legally formalize labor relations with an employee.

The purpose of this course work is to consider the process of regulation of personnel documentation by national legislative and regulatory acts. When writing the course work, sources such as the Labor Code of the Russian Federation, which regulates the labor relations of an enterprise with an employee, were used. Based on the articles of the Code, the enterprise must establish a uniform procedure for registering the admission, dismissal and transfer of employees. The instructions on the procedure for maintaining work books at enterprises, institutions and organizations discuss in detail and regulate the rules for drawing up and maintaining the main document about the employee’s work activity - the work book. An indispensable reference when performing a number of works, with their detailed content, is the “Standard Time Standards for Recruitment and Personnel Accounting Work.”

Using literature also helps to understand the tasks.

The manual by V. M. Pustozerova and A. A. Solovyov sets out in detail and popularly such issues as the legal regulation of the hiring and dismissal of workers.

Of great importance when considering individual procedures performed by the personnel service when registering the movement of personnel of an enterprise, as well as the documents created in this case and their regulation from the point of view of labor legislation and various regulations, is the article by T. V. Kuznetsova “Working with personnel documents.”

The most important legal act - the order on personnel - regulating the labor legal relations of citizens with the administration of enterprises, institutions and organizations was examined most fully and in detail in her work by V. S. Iritikova.

Thus, sources and literature help to understand one of the most important functions of an enterprise’s personnel service (or an employee responsible for working with personnel) - documenting labor relations.

The structure of this course work: the course work consists of an introduction, main part, conclusion and a list of sources and literature.

Legislative and regulatory regulation documenting hiring

The set of documents that record the stages of employees’ work activities is called personnel documentation (personnel, personnel). Such documents include:

labor contracts (agreements) concluded by the enterprise with the employee;
orders on personnel (on hiring, dismissal, transfer of an employee);
work books;
personal cards form T-2;
Personal things;
personal accounts for wages.

Documents on personnel are the most important documents and require special care and accuracy when preparing, maintaining and ensuring safety over a long period of time.

M. V. Stenyukov in his work notes that when working with documents on personnel, it is necessary to take into account that personal data (information about facts, events and circumstances of work and personal life) of citizens is classified by the Law as confidential information.

The documents that arise when applying for a job are very important.

Drawing up and execution of an application, questionnaire, employment agreement (contract)

The applicant writes a personal statement requesting employment. It indicates the position, the structural unit where the applicant is asking to be hired, and the conditions of admission (for example, for a certain period or for the duration of a specific job, etc.). The salary and date of employment will be indicated in the visas or resolution of the manager. The application is signed and dated.

If necessary, fill out a personal personnel record sheet (or questionnaire) and compile an autobiography.

The questionnaire is the most convenient general document that provides the necessary information about the employee, and if the employee does not object to filling it out, the employer only benefits from this. But due to the fact that the questionnaire is not listed among the documents required when applying for a job, the employer does not have the right to demand its completion.

The visas of the persons involved in the consideration of hiring the employee for this position are affixed to the job application.

If the issue is resolved positively, an employment agreement (contract) is concluded with the person applying for work, and an employment order is issued.

The definition of an employment agreement (contract) is given by Article 15 of the Labor Code: “An employment agreement (contract) is an agreement between a worker and an enterprise, institution, organization, according to which the worker undertakes to perform work in a certain specialty, qualification or position, subject to internal labor regulations, and the enterprise, the institution or organization undertakes to pay the worker wages and ensure working conditions provided for by labor legislation, the collective agreement and the agreement of the parties.”

In the comments to the legislation on employment contracts, it is noted that the Labor Code uses the terms “employment agreement” and “contract” as equivalent concepts, synonyms. This proximity means that the legislator does not see the differences between an employment agreement and a contract.

Article 18 of the Labor Code of the Russian Federation states: “An employment agreement (contract) is concluded in writing. Hiring is formalized by order (instruction) of the administration of the enterprise, institution, or organization. The order (instruction) is announced to the employee against signature.” Thus, at present, written form is mandatory for all employment contracts, and the conclusion of an agreement (contract) does not exclude the need to create an order.

The employment contract has a standard form, which includes the individual working conditions of the employee, position, and job responsibilities. There are different basic and additional terms of an employment agreement (contract). The main terms of an employment agreement (contract) include agreements: on work in one or more specialties (positions) corresponding to qualifications; place of work (enterprise, its structural unit, their location); duration and type of employment agreement (contract); on the terms of remuneration.

Additional terms include the terms of the employment agreement (contract), which may relate to any other labor issues, as well as social and welfare services for the employee, for example, establishing a probationary period, combining professions (positions), retraining, training for a second profession, and others.

According to Article 21 of the Labor Code, when concluding an employment agreement (contract), the agreement of the parties may stipulate a test in order to verify the employee’s suitability for the work assigned to him. The condition of the test must be indicated in the order (instruction) on hiring. Article 22 notes that “the probationary period, unless otherwise established by law, cannot exceed three months, and in some cases, in agreement with the relevant trade union committee, six months.”

In accordance with Article 17 of the Labor Code of the Russian Federation, employment agreements (contracts) are concluded:

for an indefinite period, i.e. for permanent work;
for a specified period of not more than five years;
for the duration of a specific job.

A fixed-term agreement (contract) is concluded in cases where the 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 implementation, or the interests of the employee, as well as in cases directly provided for by law. Fixed-term employment contracts are concluded, first of all, in cases where the work is not of a permanent nature, for example, to replace employees who are on parental leave, maternity leave, or who have gone on a long business trip, etc. The day such an employee starts working work and will be considered the day of termination of the fixed-term employment contract by the replacement employee.

In employment contracts concluded for the duration of any work, the term is specified by the time of completion of a certain work. A type of fixed-term employment contracts are contracts for temporary and seasonal work. Thus, the fact of hiring is the signing of an employment agreement (contract) - a document that records the consent of the parties to establish labor relations and regulates them. The parties to an employment contract are the enterprise (employer) and the employee (contractor). In the event of a conflict situation, the written form of the employment agreement (contract) will be the main document defining the relationship between the employee and the employer, and a reliable guarantee against possible misunderstandings.

Features of the preparation and execution of orders for personnel (hiring), personal cards, personal files

Simultaneously with the preparation of the employment agreement (contract), a draft employment order is being prepared. Order on personnel is a legal act issued on the regulation of labor relations between citizens and the administration of enterprises, institutions and organizations.

Personnel orders formalize: hiring, transfer, secondment, leave, change of name, dismissal, promotion, penalty and other legal facts arising in the process of personnel (personnel) management.

Orders on personnel are issued in strict accordance with the Labor Code of the Russian Federation and are the basis for making entries in work books, service records, personal personnel records, awards, financial and other documents. When hiring, be sure to indicate the established amount of remuneration (salary, bonus, indexation, tariff rate) and, if necessary, conditions of employment: temporarily (from... to...), with a probationary period (its duration), etc. Each item An order for personnel must end with a reference to the written basis for this administrative action.

The draft order on personnel is usually agreed upon with all officials interested in this issue. Mandatory approval of such orders by the head of the personnel service is provided.

Orders for personnel must be registered in the registration book (magazine) or registration cards.

The storage period for orders for personnel (except for orders for granting vacations and secondments of employees (they are stored for 3 years)) and personal cards (Form No. T-2) is 75 years.

Then, a personal file is drawn up for all employees of the company, with the exception of those hired for temporary work, workers and junior service personnel (they only have a personal card in form No. T-2).

A personal file is a set of documents containing the necessary information about the employee and his work experience. The procedure for working with personal files is not regulated by national standards, and therefore enterprises solve the issues of their formation and management in different ways. As a rule, personal files are kept for executives, specialists, materially responsible persons, etc. Initially, documents that formalize the hiring process are grouped into a personal file, and subsequently all the main documents that arise during the employee’s working life at the enterprise.

An internal inventory is drawn up for personal file documents.

Personal affairs are recorded in the personal affairs journal, which is the main accounting document.

The HR department stores personal files of only working employees. Personal files of dismissed employees must be transferred to archival storage and stored for 75 years.

Thus, hiring is usually accompanied by the creation of the following important documents: applications; if necessary questionnaires; employment agreement (contract); an order for employment, a personal card (form No. T-2), and, if necessary, personal files are drawn up (after the order for employment is issued).

Legal regulation of transfer of employees to another job and dismissal of employees

Transfer to another job is carried out, as a rule, with the consent of the employee.

The basis for the transfer may be a personal statement or a proposal for transfer. In cases permitted by law, for example, in case of production necessity or in case of downtime, the employee’s consent is not required. In this case, the basis for the transfer is: memos from managers structural divisions, orders for core activities, acts or other documents recording the reasons for the temporary reshuffle of personnel in connection with the current production situation.

A transfer to another job is formalized by a personnel order, which indicates the new position and department, the type of transfer (for temporary transfers, indicating the duration), the reason for the transfer (in full compliance with the requirements of the Labor Code of the Russian Federation), and a change in wages (if it arises).

Then the changes associated with the transfer of the employee to another job are entered into the work book, into the personal card of form No. T-2 and/or personal file, into the personal salary account.

Dismissal of employees of an enterprise is carried out for the reasons specified in the articles of the Labor Code of the Russian Federation, on the basis of a personal statement submitted by the employee, or in connection with the expiration of a contract concluded for a certain period, or in the presence of an act of violation of labor discipline, etc.

The dismissal of employees is formalized by a personnel order, which indicates the reason for dismissal, in accordance with the articles of the Labor Code of the Russian Federation. Then entries are made in the work book and in the personal card (form No. T-2) and/or personal file.

When an employee is dismissed, a notice of dismissal is placed in his personal file ( memo) and a copy of the dismissal order (another copy is transferred to the accounting department). After the dismissal order is placed in it, the personal file is closed and processed for transfer to the archive for long-term storage.

Thus, in enterprises, institutions, and organizations, documentation accompanying such processes of personnel movement as the hiring, transfer and dismissal of workers must be formalized and maintained in accordance with national legislative and regulatory acts, the most important of which is the Labor Code of the Russian Federation.

Maintaining work records of employees

According to Article 39 of the Labor Code of the Russian Federation, a work book is the main document on the labor activity of a worker or employee.

Work books are kept for all employees who have worked for more than 5 days, including seasonal and temporary workers, as well as non-staff workers, provided that they are subject to state social insurance.

Persons entering work are required to present to the administration of the enterprise a work book drawn up in in the prescribed manner. Hiring without a work book is not allowed.

When applying for a part-time job, labor agreement, under a contract, a work book is not presented.

Persons entering work for the first time are required to submit to the administration a certificate of their last employment, issued at their place of residence, and those dismissed from a number of the Armed Forces are required to submit a military ID. All entries made in the work book at the last place of work must be certified by the signature of the head or employee of the HR department and the seal of the enterprise or HR department. For persons hired for the first time, the work book is filled out no later than a week from the date of hiring. All entries on admission, transfer to another permanent job, dismissal, awards and incentives are entered into the work book. Entries are made after the order is issued (but no later than a week, and in case of dismissal - on the day of dismissal) and must correspond exactly to the text of the order.

The procedure for filling out, maintaining and storing work books is described in detail in the “Instructions on the procedure for maintaining work books at enterprises, institutions and organizations”.

In accordance with the Instructions, the following is entered into the work book: information about the employee; information about work; information about awards and incentives; information about discoveries.

When registering a work book, first fill out its title page containing information about the employee. The last name, first name, patronymic of the employee and his date of birth are indicated; education; profession or specialty. After indicating the date of filling out the work book, the employee certifies with his signature that the information entered is correct. The title page is signed by the person responsible for issuing work books, then the seal of the enterprise (or the seal of the personnel service) is affixed.

Job information includes: hiring, transfer to another permanent job, dismissal.

The “Job information” section is a table of 4 columns: column 1 entry number, column 2 date (day, month, year), column 3 information about hiring, transfers to another job and dismissal (from indicating the reasons and with reference to the article, paragraph of the law); column 4 on the basis of which the entry was made (document, its date and number).

Entries about the reasons for dismissal must be made in the work book in strict accordance with the wording of the current legislation and with reference to the relevant article, paragraph of the law.

When a worker or employee is dismissed, all entries about work, awards and incentives entered into the work book during work in an organization, institution, or company are certified by the signature of the head of the organization or the head of the personnel department and a seal.

The organization is obliged to issue the employee his work book on the day of dismissal with a record of dismissal included in it.

If an employee retires, then based on the list of employees retirement age a selection of work books is made: according to the personal card and work book, clarification total experience work, including continuous and preferential length of service; registration of an employee’s application; consultations for those retiring; an entry in the application about the documents provided; filling out and signing the “Submission”; compiling documents for submission to authorities social security; entry in the register of persons retiring.

In the work book, the social security authorities put a stamp “Pension assigned” in the section “Information on the assignment of pension.”

In cases where all the pages of the relevant sections are filled out in the work book, the work book is supplemented with an insert. It is sewn into the work book, filled out and maintained in the same order as the work book, and without it it is invalid.

The employee responsible for personnel documentation keeps a book of records of work books and their inserts; the accounting department maintains a receipt and expenditure book for recording the forms of work books and their inserts. Upon receipt of the work book in connection with dismissal, the employee signs in the personal card (form No. T-2) and in the accounting book. The accounting book must be numbered, laced and signed and sealed.

If an incorrect or inaccurate entry of information about work, transfer to another permanent job, awards and incentives, etc. is detected, corrections are made by the administration of the enterprise where the corresponding entry was made. The administration of the new place of work is obliged to provide the employee with the necessary assistance.

If there is an entry in the work book about dismissal or transfer to another job, which was subsequently declared invalid; if the work book is lost or if it has become unusable, at the request of the employee, a duplicate work book is issued. The issuance of a duplicate work book is carried out by the administration according to last place work.

To ensure safety, work records are stored in safes. Unclaimed work books are stored until required for at least 50 years.

Thus, the correct registration, maintenance and storage of work books plays a huge role in the life of every person, since this is the most important document confirming the employee’s work activity.

Conclusion

The set of documents that record the stages of employees’ work activities is called personnel documentation (personnel, personnel).

These documents are the most important documents and require special care and precision when executed, maintained and stored over a long period of time.

Mandatory maintenance of personnel documentation at any enterprise is provided for by the relevant national legislative and regulatory acts: the Labor Code of the Russian Federation; Instructions on the procedure for maintaining work books at enterprises, institutions and organizations; A list of standard documents generated in the activities of state committees, ministries, departments and other institutions, organizations, enterprises, indicating storage periods; Standard time standards for staffing and accounting work and others.

Consequently, one of the most important functions of an enterprise’s personnel service (or the employee responsible for working with personnel) is the correct documentation of labor relations.

In particular, great attention must be paid to documents arising in the process of hiring, transferring, and dismissing employees, so that they comply with the rules and wording of the current legislation.

Thus, the procedures performed by the personnel service when registering the movement of personnel are documented by working with certain documents, the most important of which are the employment agreement (contract), orders for personnel, and the work book.

One of the main legal institutions of labor legislation is the employment contract. With its help, citizens realize their ability to work, determine basic and additional working conditions, and also terminate labor relations. It is drawn up in two original copies, one of which remains at the enterprise, and the other is kept by the employee.

Each paragraph of the personnel order - a legal act issued on the regulation of labor relations between citizens and the administration of enterprises, institutions and organizations - must be formulated in strict accordance with the requirements of the Labor Code of the Russian Federation.

The most important document regarding personnel is the work book, which must also be drawn up and subsequently maintained in strict accordance with the legislative and regulatory acts of the Russian Federation, in particular with the Labor Code of the Russian Federation and the Instructions on the procedure for maintaining work books.

According to Article 2 of the Labor Code of the Russian Federation, every employee has the right to trial, protection. Consequently, any employer may find himself in the position of a defendant, and an employer who does not comply labor legislation will most likely lose the case.

As a result of this, it is clear that it is in the interests of both the employee and the employer that the correct execution, maintenance and storage of personnel documentation meets all the requirements of laws and regulations. At the same time, the employer has the opportunity to carry out the most rational distribution of work, ensuring the effective organization of labor, as well as determine the degree of worker workload and the perfection of the technological process, and the employee more clearly represents his work responsibilities and reserves for increasing the productivity of his work.

Bibliography

Instructions on the procedure for maintaining work records at enterprises, institutions and organizations. // Bulletin of the State Committee for Labor of the USSR, 1986 No. 1
Standard time standards for work on staffing and accounting (Approved by the Decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated April 14, 1985 No. 95/9 18). // Central Bank of Science and Technology of the USSR State Committee for Labor. M., 1988
A list of standard documents generated in the activities of state committees, ministries, departments and other institutions, organizations, enterprises, indicating storage periods. // Main Archival Directorate under the Council of Ministers, VNIIDAD. M., 1989
Order of the Mayor of Moscow dated October 19, 1993 No. 595-rm “On approval of the amount of penalties imposed by the Mosgorarchiv association for violation of the current legislation on archival matters”
Labor Code (as amended and supplemented as of December 1, 1994). M.: Brandes, 1994
the federal law“On information, informatization and information protection” dated February 20, 1995, No. 24-FZ. // Collection of legislation of the Russian Federation, 1995 No. 8
V. I. Andreeva. Office work: requirements for the company's document flow (Based on Russian Federation State Standards). M.: Business school. Intel Synthesis, 1994
V. S. Iritikova. Order for personnel. // Secretarial Affairs, 1997 No. 1 p. 20 27

State Committee of the Russian Federation for Higher Education

Russian State Humanitarian University

Historical and Archival Institute

Department of Documentation Science

Legislative and regulatory regulation of documenting labor relations

Course work

2nd year evening students

Scientific adviser:

Associate Professor Bykova T.A.

Moscow, 1998

Introduction 3

Legislative and regulatory regulation
documenting hiring 8

Drawing up and filling out an application, questionnaire,
employment agreement (contract) 9

Features of the preparation and execution of orders for personnel (hiring), personal cards, personal files 15

Legal regulation of transfer of employees to another job and dismissal of employees 19

Maintaining work records of employees 22

Conclusion 28

List of sources and literature 32

Introduction.

Personnel documents are of great importance in our lives, reflecting the employee’s work activity and confirming the length of service necessary for calculating a pension.

(for example, the Code of Labor Laws of the Russian Federation - Labor Code of the Russian Federation), Instructions on the procedure for maintaining work books at enterprises, institutions and organizations, etc.) Thus, errors in maintaining personnel documentation not only express disrespect for employees, but are also a violation requirements of labor legislation.

In accordance with the current legislation on archival matters, local authorities are taking measures to improve the work with documentation at enterprises. The Government of the Russian Federation and the Government of Moscow drew attention to the unsatisfactory condition, as well as the poor preservation of documents, including personnel records.

Mayor of Moscow Yu.M. On October 19, 1993, Luzhkov signed a decree “On approval of the amount of penalties imposed by the Mosgorarchiv association for violation of the current legislation on archival matters.” For example, a fine of up to 70 times the minimum wage is provided for by this order for the loss of permanent and long-term storage files, including materials on personnel (loss of documents, illegal destruction of them).

As a result of the agreement signed by the Chairman of the Government of the Russian Federation V.S. Chernomyrdin issued orders to improve the organization of storage of documents on personnel, in the charters of created companies, partnerships, etc. Items on working with personnel documentation and ensuring its safety must be included. Thus, the rules for working with documents have become an indispensable part of the charters of newly registered enterprises.

The purpose of this course work is to consider the process of regulation of personnel documentation by national legislative and regulatory acts. When writing the course work, sources such as the Labor Code of the Russian Federation, which regulates the labor relations of an enterprise with an employee, were used. Based on the articles of the code, the enterprise must establish a uniform procedure for registering the admission, dismissal and transfer of employees. The instructions on the procedure for maintaining work books at enterprises, institutions and organizations discuss in detail and regulate the rules for drawing up and maintaining the main document about the employee’s work activity - the work book. An indispensable reference when performing a number of works, with their detailed content, is the “Standard Time Standards for Recruitment and Personnel Accounting Work.”

Using literature also helps to understand the tasks.

In the manual by V.M. Pustozerova and A.A. Solovyov presented in detail and popularly such questions as legal regulation hiring and dismissal of employees.

Of great importance when considering individual procedures,

carried out by the personnel service when registering the movement of personnel of the enterprise, as well as the documents created in this case and their regulation from the point of view of labor legislation and various regulations have an article by T.V. Kuznetsova “Working with personnel documents.”

The most important legal act - the order on personnel - regulating the labor legal relations of citizens with the administration of enterprises, institutions and organizations was considered most fully and in detail in her work by V.S. Iritikova.

The structure of this course work: the course work consists of an introduction, main part, conclusion and a list of sources and literature.

Legislative and regulatory regulation of documentation of employment.

The set of documents that record the stages of employees’ work activities is called personnel documentation (personnel, personnel). Such documents include:

labor contracts (agreements) concluded by the enterprise with the employee;

orders on personnel (on hiring, dismissal, transfer of an employee);

work books;

personal cards of the form – T-2;

Personal things;

personal accounts for wages.

Documents on personnel are the most important documents and require special care and accuracy when preparing, maintaining and ensuring safety over a long period of time.

The documents that arise when applying for a job are very important.

1.1. Drawing up and execution of an application, questionnaire, employment agreement (contract).

The first thing any entrepreneur faces when becoming an employer is hiring employees. Hiring must be properly completed. When starting a job, an employee must present a passport that complies with the legislation on passports, as well as a work book or a certificate of last occupation if he is starting work for the first time. For those liable for military service, it is also necessary to present a military ID, and for persons from 14 to 16 years old - a birth certificate. In the case when a specialist is hired, from whom special knowledge or certain qualifications are required, the administration of the enterprise is obliged to require the presentation of the corresponding original or other document indicating the education received, qualifications, work experience, etc.

If necessary, fill out a personal personnel record sheet (or questionnaire) and compile an autobiography.

The applicant signs the completed application form and puts the date. The secretary or employee applying for a job checks the accuracy of the information contained in the application form, checking it with the passport, military ID, documents

education, work record.

The employment application is accompanied by the visas of the persons involved in the consideration of hiring the employee for the given position.

If the issue is resolved positively, an employment agreement (contract) is concluded with the person applying for work, and an employment order is issued.

Article 18 of the Labor Code of the Russian Federation states: “An employment agreement (contract) is concluded in writing. Hiring is formalized by order (instruction) of the administration of the enterprise, institution, or organization. The order (instruction) is announced to the employee against signature.” Thus, “at present, written form is mandatory for all employment contracts,” and the conclusion of an agreement (contract) does not exclude the need to create an order.

In accordance with Article 17 of the Labor Code of the Russian Federation, employment agreements (contracts) are concluded:

for an indefinite period, i.e. for permanent work;

for a specified period of not more than five years;

for the duration of a specific job.

A fixed-term agreement (contract) is concluded in cases where the 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 implementation, or the interests of the employee, as well as in cases directly provided for by law. Fixed-term employment contracts are concluded primarily in cases where the work is not of a permanent nature. For example, to replace employees on maternity leave, maternity leave, or on a long business trip, etc. The day such an employee goes to work will be considered the day the fixed-term employment contract ends by the replacement employee.

In employment contracts concluded for the duration of any work, the term is specified by the time of completion of a certain work. A type of fixed-term employment contracts are contracts for temporary and seasonal work. Thus, the fact of hiring is the signing of an employment agreement (contract) - a document that records the agreement of the parties on the establishment of labor relations and
regulates them. The parties to an employment contract are the enterprise (employer) and the employee (contractor). In the event of a conflict situation, the written form of the employment agreement (contract) will be the main document defining the relationship between the employee and the employer, and a reliable guarantee against possible misunderstandings.

Features of the preparation and execution of orders for personnel (hiring), personal cards, personal files.

Simultaneously with the preparation of the employment agreement (contract), a draft employment order is being prepared. An order on personnel is a legal act issued on the regulation of labor relations between citizens and the administration of enterprises, institutions and organizations.

Personnel orders formalize hiring, transfer, secondment, leave, change of name, dismissal, promotion, penalty and other legal facts arising in the process of personnel management.

Orders on personnel are issued in strict accordance with the Labor Code of the Russian Federation and are the basis for making entries in work books, service records, personal personnel records, awards, financial and other documents. When hiring, be sure to indicate the established amount of remuneration (salary, bonus, indexation, tariff rate) and, if necessary, the conditions of employment: temporary (from... to...), with a probationary period (its duration), etc. Each paragraph of the order for personnel must end with a reference to the written basis for this administrative action.

The draft order on personnel is usually agreed upon with all officials interested in this issue. Mandatory approval of such orders by the head of the personnel service is provided.

Orders for personnel must be recorded in the registration book (magazine) or registration cards.

The shelf life of orders for personnel (except for orders on granting vacations and secondments of employees (they are stored for 3 years)) and personal cards (Form No. T-2) is 75 years.

A personal file is a set of documents containing the necessary information about the employee and his work experience. The procedure for working with personal files is not regulated by national standards, and therefore enterprises solve the issues of their formation and management in different ways. As a rule, personal files are kept for executives, specialists, financially responsible persons, etc. Initially, documents that formalize the hiring process are grouped into a personal file, and subsequently all the main documents that arise during the employee’s working life at the enterprise.

An internal inventory is drawn up for personal file documents.

Personal affairs are recorded in the personal affairs journal, which is the main accounting document.

The HR department stores personal files of only working employees. Personal files of dismissed employees must be transferred to archival storage and stored for 75 years.

Legal regulation of transfer of employees to another job and dismissal of employees.

Transfer to another job is carried out, as a rule, with the consent of the employee.

The basis for the transfer may be a personal statement or a proposal for transfer. In cases permitted by law, for example, in case of production necessity or in case of downtime, the employee’s consent is not required. In this case, the basis for the transfer is: memos from the heads of structural divisions, orders for core activities, acts or other documents recording the reasons for the temporary reshuffle of personnel in connection with the current production situation.

Transfer to another job is formalized by a personnel order. Where the new position and department are indicated, the type of transfer (for temporary transfers - indicating the duration), the reason for the transfer (in full compliance with the requirements of the Labor Code of the Russian Federation), a change in wages (if it occurs).

Then changes associated with the employee’s transfer to another job are entered in the work book, in the personal form card
No. T-2 and/or personal file, in the personal salary account.

When an employee is dismissed, a resignation letter (memo) and a copy of the dismissal order are placed in his personal file (another copy is transferred to the accounting department). The personal file, after placing the dismissal order in it, is closed and processed for transfer to the archive for long-term storage.

Thus, at enterprises, institutions, and organizations, documentation accompanying such processes of personnel movement as hiring, transfer and dismissal of workers,

must be formalized and maintained in accordance with national legislative and regulatory acts, the most important of which is the Labor Code of the Russian Federation.

Maintaining work records of employees.

According to Article 39 of the Labor Code of the Russian Federation, a work book is the main document on the labor activity of a worker or employee.

Persons applying for work are required to present to the administration of the enterprise a work book, drawn up in the prescribed manner. Hiring without a work book is not allowed.

When applying for a part-time job, under an employment agreement, under a contract, a work book is not presented.

place of work, must be certified by the signature of the manager or
employee of the HR department and the seal of the enterprise or HR department. For persons hired for the first time, the work book is filled out no later than a week from the date of hiring. All entries on admission, transfer to another permanent job, dismissal, awards and incentives are entered into the work book. Entries are made after the order is issued (but no later than a week, and in case of dismissal - on the day of dismissal) and must correspond exactly to the text of the order.

The employee certifies with his signature that the work book is filled out
correctness of the entered information. The title page is signed by the person responsible for issuing work books, then the seal of the enterprise (or the seal of the personnel service) is affixed.

Job information includes: hiring, transfer to another permanent job, dismissal.

The “Job Information” section is a table of 4 columns: Column 1 - entry number, Column 2 - date (day, month, year), Column 3 - information about hiring, transfers to another job and dismissal (indicating the reasons and with reference to the article, paragraph of the law); Column 4 - on the basis of which the entry was made (document, its date and number).

The organization is obliged to issue the employee his work book
on the day of dismissal with a notice of dismissal included in it.

If an employee retires, then “based on the list of employees of retirement age, a selection of work books is made. According to the personal card and work book, clarification of the total length of service, including continuous and preferential length of service. Registration of an employee's application. Consultations for people retiring. Record in the application about the documents provided. Filling out and signing the “Submission”. Compiling documents for submission to social security authorities. Entry into the register of persons retiring.”

In the work book, the social security authorities put a stamp “Pension assigned” in the section “Information on the assignment of a pension.”

The employee responsible for personnel documentation keeps a book of records of work books and inserts for them, and the accounting department maintains a receipt and expenditure book for recording forms of work books and inserts for them. Upon receipt of the work book in connection with dismissal, the employee signs on the personal card (Form No. T-2) and in the accounting book. The accounting book must be numbered, laced and signed and sealed.

If there is an entry in the work book about dismissal or transfer to another job, which was subsequently declared invalid; If the work book is lost or if it has become unusable, at the request of the employee, a duplicate work book is issued. A duplicate work book is issued by the administration at the last place of work.

To ensure safety, work records are stored in safes. Unclaimed work books are stored until required for at least 50 years.

CONCLUSION.

The set of documents that record the stages of employees’ work activities is called personnel documentation (personnel, personnel).

These documents are the most important documents and require special care and precision when executed, maintained and stored over a long period of time.

Mandatory maintenance of personnel records at any enterprise is provided for by the relevant national legislative and regulatory acts: the Labor Code of the Russian Federation, the Instruction on the procedure for maintaining labor records at enterprises, institutions and organizations, the List of standard documents generated in the activities of state committees, ministries, departments and others institutions, organizations, enterprises indicating storage periods, standard time standards for work on staffing and accounting, and others.

Consequently, one of the most important functions of personnel
service of the enterprise (or the employee responsible for working with personnel) is the correct documentation of labor relations.

“One of the main legal institutions of labor legislation is the employment contract. With its help, citizens realize their ability to work, determine basic and additional working conditions, and also terminate labor relations.” It is drawn up in two original copies, one of which remains at the enterprise, and the other is kept by the employee.

Each point of the order for personnel - a legal act,
issued on the regulation of labor relations between citizens and the administration of enterprises, institutions and organizations - must be formulated in strict accordance with the requirements of the Labor Code of the Russian Federation.

According to Article 2 of the Labor Code of the Russian Federation, every employee has the right to trial and protection. Consequently, any employer can become a defendant, and an employer that does not comply with labor laws is likely to lose the case.

the ability to carry out the most rational distribution of work, ensuring the effective organization of labor, as well as to determine the degree of employee workload and the perfection of the technological process, and the employee more clearly understands his work responsibilities and reserves for increasing the productivity of his work.

List of sources and literature.

Sources.

Instructions on the procedure for maintaining work records at enterprises, institutions and organizations // Bulletin of the State Committee for Labor of the USSR. – 1986. - No. 1.

Standard time standards for staffing and accounting work (Approved by Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated April 14, 1985 No. 95/9 - 18). – CBNT State Committee for Labor of the USSR. – M., 1988.

List of standard documents generated in the activities of state committees, ministries, departments and other institutions, organizations, enterprises, indicating storage periods: Main Archival Administration under the Council of Ministers, VNIIDAD - M., 1989.

Order of the Mayor of Moscow dated October 19, 1993 No. 595-rm “On approval of the amount of penalties imposed by the Mosgorarchiv association for violation of the current legislation on archival matters.”

Code of Labor Laws (as amended and supplemented as of December 1, 1994) - M.: Brandes Publishing House, 1994.

Federal Law “On Information, Informatization and Information Protection” dated February 20, 1995 No. 24 - Federal Law // Collection of Legislation of the Russian Federation, 1995 No. 8.

Literature

Andreeva V.I. Office work: requirements for the company's document flow (Based on the State Standards of the Russian Federation). - M.: Bizn.-shk. Intel Synthesis, 1994.

Iritikova V.S. Order on personnel//Secretary affairs. – 1997. - No. 1 – p. 20-27