Any personnel officer, getting a job in new organization, will inevitably face the need to quickly establish personnel records. It is good if the previous specialist leaves behind the documents in order. But there are also cases when personnel work has to be started almost from scratch. What documents regulate the main issues of personnel work? How to check if there are enough local acts in the company? Why is it better to take samples for registration of personnel decisions from the resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1?
What regulations should a personnel officer know
In most organizations, the work of an employee of the personnel department is not limited to the need to conduct personnel records management (register for admission, transfer, dismissal, vacations, business trips, etc.). Often, personnel officers have to be directly involved in the development of local regulations governing labor relations between an employee and an employer. In addition, the personnel officer is often assigned the responsibility of preparing for inspections by various bodies (the state labor inspectorate, the prosecutor's office, the military registration and enlistment office, Roskomnadzor, the Pension Fund of the Russian Federation, etc.). In this regard, he must know not only Labor Code, but also a number of regulations that directly or indirectly relate to personnel work.
All these acts can be conditionally divided into certain groups (table on page 60). Most of them are mandatory for all organizations, regardless of the legal form or form of ownership. For their violation, the employer may be held administratively liable.
What local acts should be in the organization In addition to acts of the federal level, the activities of the personnel department of any company are regulated by local regulations (Article 8 of the Labor Code of the Russian Federation). The law does not contain a list of local acts on personnel records, which must be in an organization. However, some of them are mentioned in the Labor Code, which makes them mandatory.
- internal rules work schedule(paragraph 3 of the second part of article 21, paragraph 5 of the first part of article 22 of the Labor Code of the Russian Federation);
- staffing (Article 15, paragraph 3, part two, Article 57 of the Labor Code of the Russian Federation, paragraph 1 of the letter of Rostrud dated March 22, 2012 No. 428-6-1, paragraph 11 of the letter of Rostrud dated October 31, 2007 No. 4414-6);
- vacation schedule (Article 123 of the Labor Code of the Russian Federation).
In addition, the law expressly states that the employer must develop local acts on wages (part two of article 135 of the Labor Code of the Russian Federation), the processing of personal data of employees (art. 87 of the Labor Code of the Russian Federation) and the approval of labor protection instructions (paragraph 23 of part 2nd article 212 of the Labor Code of the Russian Federation). If necessary, the company must have acts fixing the list of employees with irregular hours (Article 101 of the Labor Code of the Russian Federation), the procedure for dividing additional professional education by employees (part two of Article 196 of the Labor Code of the Russian Federation).
Specific list of local normative documents each company determines independently (diagram on page 63). The list of acts provided in the scheme is not exhaustive. The specifics of the organization may imply the existence of other local documents. As a rule, the list of acts is approved by order (sample on page 62).
Related Documents
The list of normative acts on which the personnel work
| Scope of regulation | Name of the normative act |
| General issues labor law | |
| Basic rules and principles of relations between an employee and an employer, the procedure for formalizing personnel procedures, providing guarantees, compensations, including certain categories of employees | Labor Code Russian Federation No. 197-FZ dated December 30, 2001 (hereinafter referred to as the Labor Code of the Russian Federation) |
| HR records management | |
| The procedure for processing personnel documents (orders No. 402-FZ "On accounting" for personnel, staffing, vacation schedule, etc.) | Article 9 of the Federal Law of December 6, 2011 |
|
Unified forms of primary accounting documentation for accounting for labor and its payment, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1 (if the employer continues to apply them in accordance with the local act) |
|
| GOST R 6.30-2003 “Unified system of organizational and administrative documentation. Requirements for paperwork”, approved by the Decree of the State Statistics Committee of Russia dated March 3, 2003 No. 65-st | |
| Rules for the maintenance, storage and accounting of work books | Rules for maintaining and storing work books, preparing forms work book and providing employers with them, approved by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 |
| Instructions for filling out work books, approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69 | |
| Creation of an archive in the organization in accordance with the rules for accounting, storage, acquisition and use of archival documents | the federal law dated October 22, 2004 No. 125-FZ “On Archiving in the Russian Federation |
| List of typical managerial archival documents generated in the course of activities government agencies, local governments and organizations, indicating the periods of storage, approved by the order of Russia dated August 25, 2010 No. 558 | |
|
sick leave |
|
|
The procedure for filling out a sheet of temporary disability, registration of leave |
Federal Law No. 255-FZ of December 29, 2006 “On Mandatory social insurance in case of temporary disability and in connection with motherhood" |
|
Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n “On approval of the form of the sick leave form” |
|
| Personal data | |
|
Working with personal data of employees of the organization |
Federal Law of July 27, 2006 No. 152-FZ "On Personal Data" |
| military registration | |
| Maintaining military records in organizations, the rights and obligations of managers and responsible persons in the field of military records | Federal Law of March 28, 1998 No. 53-FZ “On military service and military service» |
| Regulations on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719 | |
| Guidelines on maintaining military records in organizations approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008. | |
| Interaction with the FIU | |
| The procedure and amount of insurance contributions to the Pension Fund for mandatory pension insurance of employees | Federal Law of December 15, 2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation" |
| Interaction with the FMS of Russia | |
| The procedure for issuing a work permit, labor regulation with foreign employees | Federal Law of July 25, 2002 No. 115-FZ “On legal status foreign citizens in the Russian Federation" |
| Federal Law of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” | |
| Order of the FMS of Russia dated June 28, 2010 No. 147 Procedure and timing Administrative regulation, approved by order of inspection by the Federal Migration Service of the Ministry of Internal Affairs of Russia No. 338, the Federal Migration Service of Russia No. 97 dated April 30, 2009 | |
| Checks | |
| The procedure for conducting inspections by state and municipal authorities | Federal Law of December 26, 2008 No. 294-FZ “On the Protection of the Rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” |
Local acts can be called in different ways: regulations, instructions, rules, regulations, etc. The main thing is that the norms of these acts do not contradict the current labor legislation and do not worsen the position of workers. In addition, it is important to follow the procedure for their adoption (parts two, three, article 8 of the Labor Code of the Russian Federation). Otherwise, such documents are not subject to application (part four of article 8 of the Labor Code of the Russian Federation). Changes to the local normative act are made in the same order in which it was approved.
It is better to entrust the development of local acts not to one employee, but working group. The composition of the group and its powers should be fixed in the order (sample on page 64). Employees must be familiarized with the document against signature (paragraph 10, part two, article 22 of the Labor Code of the Russian Federation).
Where to start the audit of local acts of the company
First, you need to check whether all the required documents are available and make a list of them. If the company does not even have mandatory local acts, then they need to be developed first.
Secondly, it is important to pay attention to the correctness of the preparation of documents in terms of office work and compliance with current legislation.
Thirdly, it is necessary to check whether the procedure for the adoption of a local act is followed. So, if the company has a trade union organization, then the document must have a mark on agreement (taking into account opinions) with the trade union (Article 372 of the Labor Code of the Russian Federation).
Fourth, you need to find out what documents are missing. It is very easy to determine such acts if you first draw up and approve by order a list of documents that are mandatory for a particular organization.
Not only provisions, instructions and orders are subject to verification, but also all documents on personnel records and personnel management. The presence and compliance with the legislation of labor contracts, the correctness of keeping personal files of employees, filling out work books and inserts in them, magazines are assessed registration of orders for personnel, etc.
Do not try to cover the entire scope of work at once. Prioritize and act progressively. For convenience, it is recommended to group model documents in electronic and paper folders.
Remember the main thing
The experts who took part in the preparation of the material note:
Alexander TIMOSHENKO, Head of Human Resources Department, Legal Counsel of Aral Plus CJSC (Odintsovo, Moscow Region):
– The fundamental document in the work of any personnel service is the Labor Code of the Russian Federation. Taking into account the specifics of the organization's activities, the personnel officer may be required to know other legal and by-laws, the ability to track and take into account judicial practice and actual changes labor legislation.
Maria MASYUTINA, Senior Associate, Labor Law Practice, ANKOR Human Resources Holding (Moscow):
- The personnel officer needs to familiarize himself with the resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. It contains templates for the majority of primary personnel documents that will be useful for processing orders, staffing, etc.
Natalia RYZHKOVA, HR and HR Documentation Manager, BDO Unicon Outsourcing (Moscow):
- Such local acts as the Internal Labor Regulations, staffing, vacation schedule, Regulations on personal data, Regulations on bonuses (in cases where the organization has a motivation system) have all the features of regulatory legal acts. Their presence in the organization and knowledge is mandatory.
Alena SHEVCHENKO, lawyer, expert of the Kadrovoe Delo magazine:
– When auditing local acts, pay attention to the compliance of their provisions with current labor legislation. Local norms of the organization do not apply if they infringe on the rights of employees in comparison with the Labor Code. Means, Labour Inspectorate has the right to demand in an order that the company exclude such norms from the employer's document.
It is important for each employee to have documentary evidence of the fact of their labor activity at the enterprise. First of all, it can help confirm the length of service. The larger it is, the higher the sick leave payment, and in the future - the amount of the pension. The list of mandatory personnel documents drawn up at the conclusion of a working relationship is as follows:
- labor contract. See the material for the execution of the contract;
- employment history. We wrote about the filling rules in the article;
- medical book. It is necessary if the work of the employee is associated with harmful or hazardous conditions labor. About that, and, you will learn by clicking on the links;.
- documents on education to determine whether the education of the future employee meets the requirements. We also suggest that you familiarize yourself with the material on how to deposit;
- in the form of T-1;
- employee's personal card (T-2 form). The form of this form can be found in our article.
Do not forget that each new employee should be familiarized with the signature and carried out for him in a timely manner!
Documents in the course of work
In the course of employment, an employee may be transferred to a new position. In this case, the following papers are drawn up:
- order on the basis of which the employee is transferred (form T-5). You can get acquainted with how a sample of filling out this form looks like in;
- supplementary agreement. For example, with or .
To release an employee for vacation, the employer issues a leave order, drawn up in the T-6 form. How to fill it out, you will learn from the article. We also suggest that you familiarize yourself with information on how to issue.
Documents upon dismissal
To document the termination of an employment contract, the following papers are required:
- letter of resignation (if the employee decided to leave the company due to own initiative). , read in our text;
- termination agreement. We suggest that you familiarize yourself with, as well as terminate the contract;
- a dismissal order drawn up in the form T-8 or T-8a (if the contract with several employees is terminated). You can learn about the filling rules from the material.
Local acts
Any company can adopt its own local regulations, which should not contradict the laws of the Russian Federation. The purpose of such documents is to improve working conditions and increase the level of discipline at the enterprise. The absence of local acts, as well as their incorrect execution, can lead to adverse consequences for the employer. What are the mandatory personnel documents in the organization should be prepared:
- staffing (form T-3). More details in the article “;
- , on the basis of which the control of the number of hours worked and the calculation of wages takes place (forms T-12 and T-13), etc.
These binding documents must certainly be adopted by the leadership of large organizations, as they lay the foundation labor relations.
Micro-enterprises can afford simplified personnel records. They are allowed to use a standard employment contract,.
Responsibility for improper maintenance of personnel records
Correct and timely preparation of personnel documents is the direct responsibility of the employer. If the mandatory personnel papers are not properly executed, he may be held liable.
The following methods of punishment related to office work in the personnel sphere can be distinguished:
- disciplinary action under Art. 193 Labor Code of the Russian Federation, the maximum measure for which is dismissal;
- in accordance with the provisions of the Code of Administrative Offenses of the Russian Federation - the norms for bringing to administrative responsibility for the lack of documents are reflected in Art. 5.27, 5.27.1 of the Code of Administrative Offenses.
Besides:
- Art. 13.20 Administrative Code punishes 300-500 rubles. officials for violation of the rules for storing documents;
- Art. 5.39 imposes a fine of 1000-3000 rubles. on responsible persons for failure to provide the requested information personnel records an employee, for example, for refusing to issue a copy of a work book.
In accordance with the Criminal Code of the Russian Federation:
- Art. 137 of the Criminal Code of the Russian Federation provides for punishment in the form of a fine of up to 350,000 rubles. or correctional labor for disseminating personal information about an employee;
- Art. 183 of the Criminal Code of the Russian Federation applies measures in case of disclosure of trade secrets.
Human Resources Department is a structure in the organization that deals with personnel management.
The personnel department is not only a functional unit, it is also the face of the company, since it is in the personnel department that any applicant begins to get acquainted with the organization.
HR goal
The purpose of the personnel department is to contribute to the achievement of the goals of the enterprise (organization) by providing the enterprise with the necessary personnel and the effective use of the potential of employees.
The selection of employees is carried out with the help of specially developed strategies: the submission of information about vacancies to the media and employment services, the application of selection methods, testing, procedures for the adaptation of specialists and subsequent advanced training.
Tasks of the personnel department
The main task of the personnel department is to correctly take into account the work of employees, determine the number of working, weekends and sick days for calculating salaries, vacations and submitting information to the accounting department of the organization.
The main tasks of the Human Resources Department are:
organizing the selection, recruitment and hiring of personnel with the necessary qualifications and in the required volume. The selection of employees is carried out using specially developed strategies: from submitting information about vacancies to the media and employment services to the application of selection, testing, adaptation procedures for specialists and subsequent advanced training;
creation of an effective system staff members;
development of career plans for employees;
development of personnel technologies.
In addition, the personnel department must submit information about employees to the Pension Fund of the Russian Federation, Insurance companies, Tax and Migration Service.
Functions of the Human Resources Department
The main function of the personnel department in the enterprise is the selection of personnel.
The main functions of the personnel department in the enterprise include:
determination of the needs of the organization in personnel and selection of personnel together with the heads of departments;
analysis of staff turnover, search for methods to deal with a high level of turnover;
introduction of labor motivation systems;
preparation of the staffing of the enterprise;
registration of personal files of employees, issuance of certificates and copies of documents at the request of employees;
carrying out operations with work books (receiving, issuing, filling out and storing documents);
keeping records of vacations, scheduling and processing vacations in accordance with the current labor law;
organization of employee attestation;
preparation of staff development plans.
HR structure
The structure of the personnel department of the enterprise and its number is determined by the director of each company, depending on the total number of personnel and the characteristics of the activity.
In small companies (up to 100 employees), one or two HR employees are sufficient.
At the same time, small businesses individual employee may not be, and then such work is performed by the chief accountant or general director.
In medium-sized organizations (from 100 employees to 500 people), it is advisable to create a personnel department of personnel from three to four personnel specialists
On the large enterprises where 500 or more people work, the personnel department may have from 7 to 10 employees.
Relationship between HR and other departments
To effectively perform its functions, the personnel service needs to constantly and closely interact with other departments of the enterprise:
Interaction with the accounting department of the organization
The personnel department interacts with the organization's accounting department to resolve issues related to remuneration.
So, the personnel department submits documents and copies of orders for dismissal, employment, business trips, vacations, incentives or penalties for employees to the accounting department of the organization.
Liaison with the legal department
The Legal Department provides Human Resources staff with information about recent changes in the current legislation, provides comprehensive legal support.
Interaction with other divisions of the company
On personnel issues, the personnel department constantly interacts with all structural divisions of the company.
Still have questions about accounting and taxes? Ask them on the forum "Salary and personnel".
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First of all, when selecting personnel for work in the personnel department, you need to contact Qualification Handbook positions of managers, specialists and other employees, which offers a list of requirements for a particular position.
We are interested in the requirements for employees of the personnel service (department). So, the head of the personnel service (personnel department) must have a higher professional education and work experience in the organization of personnel management in engineering and management positions for at least 5 years.
The head of the personnel service (HR department) must know: legislative and regulatory legal acts, teaching materials for personnel management; labor legislation; the structure and staff of the enterprise, its profile, specialization and development prospects; personnel policy and enterprise strategy; the procedure for making forecasts, determining the prospective and current needs for personnel; sources of providing the enterprise with personnel; the state of the labor market; systems and methods of personnel assessment; methods for analyzing the professional and qualification structure of personnel; the procedure for registration, maintenance and storage of documentation related to personnel and their movement; the procedure for the formation and maintenance of a data bank on the personnel of the enterprise; organization of timesheets; methods of accounting for the movement of personnel, the procedure for compiling established reporting; opportunities to use modern information technologies in the work of personnel services; advanced domestic and overseas experience work with personnel; fundamentals of sociology, psychology and labor organization; basics of professionalism; basics of career guidance; fundamentals of economics, organization of production and management; means of computer technology, communications and communications; labor protection rules and regulations.
HR Engineer should know: legislative and regulatory legal acts, methodological materials on the issues of training and advanced training of personnel in production; structure and staff of the enterprise, profile, specialization and prospects for its development; personnel policy and strategy of the enterprise; main technological processes production of the company's products; forms, types and methods vocational training; the procedure for developing plans for training, retraining and advanced training of personnel, curricula and programs, other educational documentation; procedure for making contracts with educational institutions; the procedure for compiling cost estimates for the training and advanced training of personnel and the execution of labor agreements (contracts) with teachers and instructors; progressive forms, methods and means of education; the procedure for financing training costs; organization of work on vocational guidance and vocational selection; system of remuneration of teachers and instructors; the procedure for keeping records and reporting on the training and advanced training of personnel; fundamentals of pedagogy, sociology and psychology; fundamentals of economics, organization of production, labor and management; labor legislation; labor protection rules and regulations.
Personnel training engineer of the 1st category must have a higher professional (technical or engineering and economic) education and at least 3 years of work experience as an engineer for the training of personnel of the II category. 2nd category personnel training engineer must have a higher professional (technical or engineering and economic) education and work experience as a training engineer or other engineering and technical positions filled by specialists with higher professional education for at least 3 years. Training Engineer must have a higher professional (technical or engineering and economic) education without presenting requirements for work experience or a secondary vocational (technical or engineering and economic) education and at least 3 years of work experience as a technician of category I or other positions filled by specialists with secondary professional education for at least 5 years.
HR Specialist must know: legislative and regulatory legal acts, methodological materials on personnel management; labor legislation; the structure and staff of the enterprise, its profile, specialization and development prospects; the procedure for determining the prospective and current need for personnel; sources of providing the enterprise with personnel; methods for analyzing the professional and qualification structure of personnel; provisions on certification and qualification tests; the procedure for election (appointment) to a position; the procedure for registration, maintenance and storage of documentation related to personnel and their movement; the procedure for the formation and maintenance of a data bank on the personnel of the enterprise; the procedure for compiling reports on personnel; fundamentals of psychology and sociology of labor; fundamentals of economics, organization of labor and management; labor legislation; means of computer technology, communications and communications; labor protection rules and regulations.
The HR specialist must have a higher professional education without presenting requirements for work experience.
Personnel Inspector must know: legislative and regulatory legal acts, methodological materials on maintaining documentation on accounting and movement of personnel; labor legislation; structure and staff of the enterprise; the procedure for registration, maintenance and storage of work books and personal files of employees of the enterprise; the procedure for establishing the names of the professions of workers and positions of employees, the total and continuous length of service, benefits, compensations, registration of pensions for employees; the procedure for recording the movement of personnel and compiling established reporting; the procedure for maintaining a data bank on the personnel of the enterprise; basics of office work; means of computer technology, communications and communications; fundamentals of labor legislation; labor protection rules and regulations.
The personnel inspector must have secondary vocational education without presenting requirements for work experience or initial vocational education, special training according to the established program and at least 3 years of work experience in the profile, including at this enterprise at least 1 year.
In general, each employee of the personnel management service must:
- a) have a good knowledge of labor legislation, methodological, regulatory and other materials related to work with personnel, accounting of personnel; fundamentals of pedagogy, sociology and psychology of work; labor domestic and foreign experience in the field of personnel management;
- b) own modern methods personnel assessment, career guidance, long-term and operational planning work with personnel, regulation of the functions of structural units and employees; social management technologies;
- c) have a clear idea of the prospects for the development of their organization, market and conjuncture; on the fundamentals of the scientific organization of labor, production and management; on the structure of the organization and the main functions of structural units.
It should be noted that with different requirements for the basic education of personnel of personnel services (practice shows that certified lawyers, psychologists, economists, specialists in social pedagogy, etc. work equally well in this position), his job suitability is determined by the quality - vocation. According to the theory of M. Weber, a vocation is "such a way of thinking in which work becomes an absolute end in itself ...". The portrait of a personnel officer is shown in fig. 1 (version of one of the Russian enterprises).
Picture 1 - Job Requirements to the HR manager
High moral and psychological requirements are imposed on the personnel worker, since he is called upon to play the role of a moral standard, a role model in observing social and ethical standards labor collective. Therefore, apart from professional qualities, the personnel officer needs certain personal qualities . He must have a well-delivered speech, competently express his thoughts, have a presentable appearance, that is, be neat, well-groomed, in general, endearing.
Another required feature is owning your emotions. The personnel service (department) is directly connected with all employees of the organization, as they say - how many people, so many characters. And the personnel officer must find an individual approach to each employee. For example, an employee is dissatisfied with the fact that he is sent on another paid vacation, and he would like to work for another year or two without a vacation. I had to explain that, according to labor legislation, each employee is obliged to use his right to leave once a year. And all this is done “without emotion”, calmly and professionally. Of course, balanced people should be accepted into the personnel department, and therefore, in our opinion, it would be useful to conduct a test for emotional stability with a potential employee.
- Do you show an active interest in the affairs, feelings and experiences of the people around you?
- Do you listen carefully to them?
- Do you take into account their requests?
- Do you think about their unspoken wishes and needs?
- Are you willing to leave your work to help others?
- Do you seek to express approval of the actions, deeds of other people?
If an employee is not interested in the problems and experiences of another person, if he ignores his opinions, requests, desires, does not take into account the mood, absolutizes his own point of view, is prone to the most severe penalties, then work in the personnel department is contraindicated for such a person.
Important qualities of a personnel officer are:
- - civil and emotional maturity;
- - cognitive, organizational and communication skills;
- - necessary knowledge, skills and abilities with the leading role of socio-psychological knowledge.
All these qualities are manifested in the process of vocational training and in the behavior of a personnel worker, where the communicative component acts as a dominant one. According to studies conducted among employees of personnel services of various enterprises and organizations, more than 70% of the working time of personnel officers is occupied by direct contacts with people. 95% of all functional duties the head of the personnel service should be directed to the study of human psychology.
Benefits of the organization as a result of the rational and optimal construction of the personnel service (department):
- 1) complete and reliable information on each employee;
- 2) knowledge of the organization's needs for new employees, in the direction of training and advanced training of employees;
- 3) specification official duties and level of responsibility;
- 4) preventive actions of the organization's management to eliminate negative phenomena (for example, when employees are released in case of staff reduction);
- 5) and as the main aspect - the absence of appeals to judicial and other authorities due to incorrect execution of personnel documentation.
staff
In the process of emergence and documentation labor relations a lot of documents are formed under the general name "personnel documentation". In the specialized literature, a set of personnel documents is systematized according to various criteria.
For example, according to the target affiliation, two large groups of personnel documents are distinguished:
1. Documents on the accounting of personnel of employees, which include orders for hiring, transferring to another job, granting leave, dismissal, employee's personal card and others. The main part of the personnel documents was included in the unified forms primary accounting documentation for the accounting of labor and its payment, approved by the Decree of the State Statistics Committee of the Russian Federation of January 5, 2004 No. 1 "On approval of unified forms of primary accounting documentation for the accounting of labor and its payment."
2. The second group consists of documents related to the implementation of functions for personnel management and labor organization (Rules of internal labor regulations, Regulations on the structural unit, job descriptions, Structure and staffing, staffing). AT " All-Russian classifier management documentation" OK 011-93, approved by the Decree of the State Standard of the Russian Federation dated December 30, 1993 No. 299, these documents are called "documentation on the organizational and regulatory regulation of the activities of an organization, enterprise."
Another principle of systematization of personnel documentation is also applied, namely according to typical personnel procedures, the following types of personnel documents are distinguished:
1. Documentation for employment:
· Application for a job;
· Appointment contract;
· The order of acceptance to work;
Protocol general meeting labor collective about hiring.
2. Documentation for transfer to another job:
· Application for transfer to another job;
· Representation of transfer to another job;
· Order for transfer to another job.
3. Documentation for dismissal from work:
· Letter of resignation;
· Order of dismissal;
· Minutes of the general meeting of the labor collective on dismissal.
4. Documentation for registration of holidays:
· Vacation schedule;
· Application for leave;
· Order for leave.
5. Documentation on the design of incentives:
· Presentation of promotion;
· Order on encouragement;
· Minutes of the general meeting of the labor collective on promotion.
6. Documentation on registration of disciplinary sanctions:
Reporting a violation labor discipline;
· Explanatory note on violation of labor discipline;
・Order of imposition disciplinary action;
· Minutes of the general meeting of the labor collective on the imposition of a disciplinary sanction.
In reality, the composition of personnel documents can be much wider or can be adapted to the specifics of work for a particular employer.
In addition, documenting labor relations occupies an important place in labor legislation.
The Labor Code of the Russian Federation establishes the need to document labor relations:
The employment contract must be concluded in writing(Article 67 of the Labor Code of the Russian Federation);
Employment is formalized by order (instruction) of the employer, with whom the employee gets acquainted against signature (Article 68 of the Labor Code of the Russian Federation);
· work books are maintained for all employees (Article 66 of the Labor Code of the Russian Federation);
upon a written application of the employee, the employer is obliged, no later than three working days from the date of submission of this application, to issue to the employee copies of documents related to work (copies of the order for employment, orders for transfers to another job, order for dismissal from work; extracts from the work book ; information about wages, on accrued and actually paid insurance premiums for compulsory pension insurance, on the period of work at this employer and others) (Article 62 of the Labor Code of the Russian Federation);
Mandatory issuance of an order (instruction) on the application of a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation);
Termination of an employment contract is formalized by an order (instruction) of the employer (Article 84.1. Labor Code of the Russian Federation).
This also includes unified forms of primary accounting documentation for accounting for labor and its payment, the maintenance of which, in accordance with paragraph 2 of the Decree of the Goskomstat of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment”, is mandatory for all organizations operating on the territory of the Russian Federation, regardless of the form of ownership.
Currently, the following unified forms for personnel accounting are in force:
No. T-1 "Order (instruction) on hiring an employee", No. T-1a "Order (instruction) on hiring employees", No. T-2 "Personal card of an employee", No. T-2GS (MS) " Personal card of a state (municipal) employee", No. T-3 "Staffing", No. T-4 "Record card of a scientific, scientific and pedagogical worker", No. T-5 "Order (instruction) on the transfer of an employee to another job", No. T-5a "Order (instruction) on the transfer of employees to another job", No. T-6 "Order (instruction) on the provision of leave to the employee", No. T-6a "Order (instruction) on the provision of leave to employees", No. T- 7 “Vacation schedule”, No. T-8 “Order (order) on termination (termination) of an employment contract with an employee (dismissal)”, No. T-8a “Order (order) on termination (termination) of an employment contract with employees (dismissal) ”, No. T-9 “Order (instruction) on sending an employee on a business trip”, No. T-9a “Order (instruction) on sending employees on a business trip”, No. T-10 “Travel certificate e", No. T-10a "Service task for sending on a business trip and a report on its implementation", No. T-11 "Order (order) on the promotion of an employee", No. T-11a "Order (order) on the encouragement of employees".
In addition, the Decree of the Goskomstat of the Russian Federation dated January 5, 2004 No. 1 approved unified forms for recording working hours and settlements with personnel for remuneration:
No. T-12 "Time sheet and payroll", No. T-13 "Time sheet", No. T-49 "Payroll", No. T-51 "Payroll", No. T-53 "Payroll", No. T-53a "Journal of registration of payrolls", No. T-54 "Personal account", No. T-54a "Personal account (svt)", No. T-60 "Note-calculation on granting leave to the employee" , No. T-61 “Note-calculation upon termination (termination) of an employment contract with an employee (dismissal)”, No. T-73 “Act on the acceptance of work performed on an urgent employment contract concluded for the duration of a certain work.
Local regulations- acts containing labor law norms developed to regulate labor relations, taking into account the specifics of labor for a particular employer and the establishment by the employer of working conditions within its competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.
The composition of local regulations that are mandatory for each employer, according to the interpretation of the norms of the Labor Code of the Russian Federation, includes:
Staffing (Article 57 of the Labor Code of the Russian Federation);
· Internal labor regulations (articles 56, 189, 190 of the Labor Code of the Russian Federation);
Documents establishing the procedure for processing personal data of employees, their rights and obligations in this area (Articles 86, 87, 88 of the Labor Code of the Russian Federation);
· During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule (Article 103 of the Labor Code of the Russian Federation);
Vacation schedule (Article 123 of the Labor Code of the Russian Federation);
· Rules and instructions for labor protection. The employer must provide safe conditions and labor protection, rules and instructions on labor protection must be drawn up and brought to the attention of employees against signature (Article 212 of the Labor Code of the Russian Federation).
These personnel documents are among those that, first of all, are checked by inspectors of the federal labor inspectorate.
Based on the above provisions, the entire set of personnel documents can be divided into two types:
1. Mandatory personnel documents, the availability of which is expressly provided for by the Labor Code of the Russian Federation for all employers (legal entities and individual entrepreneurs).
This type of personnel documents includes local regulations provided for by the Labor Code of the Russian Federation (Articles 57, 86-88, 103, 123, 189, 190, 212, Labor Code of the Russian Federation) and therefore mandatory for each employer and documents created in the process of emergence and documentation labor relations in accordance with the requirements of the Labor Code of the Russian Federation (Articles 62, 66, 67, 68, 84.1, 193 of the Labor Code of the Russian Federation). The former are associated with the organizational and regulatory regulation of labor relations and the establishment of the regime and working conditions for a particular employer, the latter serve to record the personnel of employees.
2. Optional personnel documents that the employer can accept within the framework of local rule-making, their list, the procedure for maintaining the employer determines independently.
Optional personnel documents are advisory in nature, they also contain labor law norms and are necessary for the regulation of labor relations. Such personnel documents include, for example, provisions on structural divisions, regulations on personnel, job descriptions, regulations on attestation of employees and others.
Thus, the general composition of personnel documents is determined directly by the employer, taking into account the requirements of the current legislation, the scope and specifics of the organization of labor, with the exception of those documents and unified forms of primary accounting documentation for accounting for labor and its payment, which are mandatory for each employer.