Working without a work book under a contract - registration. Working without a work book under an agreement or contract: pros and cons, is there a difference? Admission under an employment agreement

In particular, the design work book is mandatory. The entry in it indicates a legally concluded labor relationship between the employer and the employee.

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But, often, employers shy away from working with an employment document, asking the employee to conclude employment contract or agreement.

In part, this can be regarded as a violation of labor laws. Let's take a closer look at the differences.

What is it

The employee’s work record book must be maintained by the person responsible for this company and is also stored until the moment of dismissal.

Storage occurs under strict control and reporting. The primary responsibility for the integrity and safety of the document lies with the head of the enterprise, company, etc.

At the request of the employee, if necessary, he can be given a certified copy or an extract from the work book.

Otherwise, any violations of the rules for maintaining or storing a document will result in disciplinary action or other liability.

Important Concepts

This document is issued for an employee who remains in the position and team for more than five days. It doesn’t matter what position, even security guards are included here.

An employment document may be missing when working with individual entrepreneur, whose status is not registered legal entity(unofficial individual entrepreneurs). This nuance also applies to people working in the service sector.

Since the company, even in this case, will transfer accruals for the employee to the Social Insurance Fund, confirmation of his period of stay at this place of work can be easily confirmed by a social insurance certificate (in his name).

What about part-time work? As a rule, this indication of combining several positions is not noted.

As before, the document is maintained at the main place of work (position). At the request of the employee, the company can make an entry in the work book about the combination.

Purpose of the document

The first and direct purpose of the document is as a work book, its use in determining the total length of service.

Its maintenance must be carried out with accuracy up to the last place of work. Every month, and even days, are taken into account when transitioning to retirement.

If you worked for a company for ten years, but there is no record of this in your employment record, then the size of your pension will be significantly less than it could be if this period were taken into account.

The record page contains information not only about the place of work, but also the name of the employer itself, legal address, position held, etc.

If there has been a transfer from one position to another, this is also entered as an adjustment to the document, marking the date of the new appointment (taking on a new position).

Upon dismissal, a record of the event must be made. Disciplinary action or this kind reprimands are not included in the work book.

Except in cases where dismissal occurs under an article. Then the reason for dismissal is indicated as an article from Labor Code RF. Similarly, information about maternity leave etc.

Legislative framework

Pay attention to the content of Article 66 of the Labor Code of the Russian Federation, it talks about the obligation to use a work book.

Regarding the form and rules for maintaining a document, this procedure is established by authorized representatives of the authorities of the Russian Federation.

Referring to the contents of the Labor Code of the Russian Federation No. 197-FZ dated December 30, 2001, two cases are allowed when it is possible not to make entries in the work book:

1. Part-time work.
2. As an individual entrepreneur, without official registration, as a legal entity.

Features of working under an employment contract without a work book

An employment contract with an employee without a work book has been concluded quite often lately with employers in the Russian Federation.

On the one hand, the absence of a work book and entries in it can be compensated by an employment contract or agreement.

Thus, the contract becomes proof of the employee’s employment, which will be taken into account when calculating the length of service for a pension.

Admission procedure

Lease agreement with an individual practiced much more often than all others. At the same time, the employee does not become such a source of income for the employer (housekeeper, nurse, nanny, etc.).

According to Art. 309 of the Labor Code of the Russian Federation, a person who does not have the status of an entrepreneur does not have the right to make any entries in the Labor Code. Therefore, the only option is to conclude a rental agreement.

Agreements of this type may be of the following nature:

• urgent;
• unlimited

The conditions under which an employment agreement is concluded occur individually, upon agreement between the parties.

Only these conditions should not limit labor legislation in any way:

• working hours;
• employee's vacation period;
• sick leave, etc.

Referring to Article 303 of the Labor Code of the Russian Federation, the employer is an individual. the person must notify the compulsory medical insurance that he has hired the employee or fired him.

If, upon hiring, an employee will have to combine two positions at the same time, then this clause must be mentioned in the employment contract.

With such a mention in the agreement on combining two positions, in work experience everything will be taken into account.

Signing the agreement

Whatever employment contract is proposed and subsequently concluded between its parties, it will be considered valid (legal) only after it is signed by both its participants - the employer and the employee.

Don’t forget the main rule, which applies more to future employees - read the documents before putting your signature on it.

This will help you understand what will be required of you in your position, what responsibility falls on you, etc.

In addition, you may find out some inaccuracies in the contract or controversial issues that the employer kept silent about.

Mainly, the contract should cover the following points:

1. Responsibilities of the employee.
2. Period and procedure for payment of wages.
3. Duration of the contract.
4. Guarantees.
5. Rights and obligations of the parties.
6. Compliance with employee dismissal.

If, under the main agreement (position), there will be a part-time job, then the agreement is drawn up as standard, but with an appendix additional documents and conditions:

1. Work schedule.
2. Job responsibilities.
3. Payment procedure.
4. Termination of relationship.

All types of TD are subject to signatures by both parties, indicating details and passport data.

Device for pensioners

For employment of pensioners without labor document you can look at it on the positive side. When hired with a mark in the Labor Code (working pensioner), the amount of pension payments is reduced.

The question naturally arises: why show off a document if you can quite well receive a pension and salary?

When working as a security guard

Is it possible to conclude an employment contract without a work book for the position of a security guard? In principle, it is possible. But the employee himself risks a lot.

This method of employment is quite widely practiced in this area. Not everyone wants to work every two or three days, but the employer can save a lot on the employee in this way.

According to the Labor Law of the Russian Federation, working hours per month should not exceed 168 hours. And with this arrangement of working days, it turns out about 250 hours per month.

Video: what happens if you enter into a civil contract instead of an employment contract

There can be no talk about work experience here. The employee seems to be working, but he doesn’t seem to be. Therefore, from the moment of admission to such a schedule, and even without a work book, the counting of length of service stops, and working as a security guard will not affect the calculation of the pension.

Do I need to pay fees?

In addition to all direct and other obligations of the employer, the main responsibility falls on his shoulders to calculate the contributions required by law:

1. In the Pension Fund, Social Insurance Fund, Compulsory Medical Insurance Fund.
2. If an employee does not have an insurance card, then be sure to help him get one.

For temporary employment without registration

As a rule, during temporary employment, the practice is to conclude fixed-term employment contracts or agreements.

The shortest period of such an agreement is two months. In this case, the employee is not assigned a probationary period.

You can also use the GPC agreement, it is longer. GPC provides for the absence of a work book.

In case of urgent employment, the employee is entitled to the same guarantees as under a regular agreement, but for a short period (Chapter 45 of the Labor Code of the Russian Federation).

Pros and cons

What are the pros and cons of getting a job without a work book? In my opinion, they are obvious.

When agreeing on an ore agreement with an individual. individual or part-time, if you approach the registration procedure correctly, the disadvantages can be avoided, while the employee retains all his legal rights, with all that entails.

However, it is a little more complicated with regard to concluding a GPC agreement (of a civil nature). Its positive aspects:

1. With a free schedule.
2. Freedom of action.
3. Independent planning of working time.
4. Subordination occurs directly to the customer.

The disadvantages of such work can be noted:

1. The employer can terminate the contract unilaterally.
2. There are no guarantees for receiving vacation, sick leave, etc.
3. There is no guarantee that it will be included in the length of service for retirement.

It is quite realistic and possible to get a job without making an entry in the work book. But there are pitfalls even here.

Since Soviet times, the work book for workers has been the main document confirming length of service and work experience. Much has changed in modern personnel records management; contracts, resumes, letters of recommendation, electronic databases have appeared in Pension Fund, but the treasured little book is still dear to every employee, and the preparation of entries in it does not cause fewer questions than before.

Is it possible to work under an employment contract without a work book?

According to Chapters 44 and 48 of the Labor Code of the Russian Federation, there are only two options in which the labor record is not started or filled out:

• 1. Part-time registration (external or internal).
• 2. Provision of private services to an individual citizen (nanny, auxiliary worker, cook, nurse, etc.).

In both cases, there is no need to record employment, but the employment contract must be signed.

Registration without a work book

If an employee is hired for his own the only place to an enterprise or to an entrepreneur, and he is offered a job under a contract without a work book, then you should understand: we are not talking about labor relations, everything will be built on a civil law basis. Let's consider the design option according to this principle in more detail. after all, the contract will still be signed between the employee and the employer.

Sample contract with an employee without a work book

Without making an entry in the book, the employee may be offered three contract options:

• 1. Regular part-time contract (fixed-term or permanent).
• 2. Agreement with a citizen-employer.
• 3. Civil contract (author's, agency or contract for the execution of a scope of work).

Part-time work, however, is not much different from registration at the main place, and labor contract here is standard.

Working for a private individual is structured somewhat differently:

• 1. The citizen-employer must not be registered as an individual entrepreneur; all support personnel are hired only for personal needs, and not for profit.
• 2. The employment agreement signed with the employee must contain all social guarantees and social insurance contributions provided for by the Labor Code of the Russian Federation. You can take an employment contract with an entrepreneur as a sample.
• 3. Such an employer does not make an entry in the book, but the contract must be registered with the local executive committee.

A civil agreement is a completely different matter. If the first two cases fall under the provisions of the articles of the Labor Code of the Russian Federation, then in a row - the competence of the Civil Legislation, which means that you will have to forget about rights and social guarantees for such work. All relationships will be built on the customer-executor plane. Due to the diversity of the subject matter of the contract, there is no single sample, and drafting is usually entrusted to the legal department, and not to the personnel service.

Is work under a contract without a work book included in the length of service?

If a citizen who hires a “family assistant” treats the matter responsibly, then the employee will not only receive an increase in pension upon reaching the appropriate age, but will also be socially protected. Such registration will be no worse than employment at an enterprise. The absence of an entry in the book will not interfere with the person in the future, because his insurance record and experience will be confirmed by a full-fledged contract.

If the employee nevertheless agreed to conclude a civil contract, then there is no need to stutter about any length of service. This document can serve well only as confirmation of a line in a resume in the section describing work experience in a certain field.

By the way, perhaps some readers should familiarize themselves with job description auxiliary worker.

Working under an employment contract without a work book: pros and cons

The list of professions and specialists who do not seek to commit themselves to long-term working relationships is quite extensive. Some of them issue civil contract, arguing this with a number of positive points for themselves:

1. The advantage is that there is no need to obey a strict schedule and hours of work; internal rules regarding dress code, smoking, proper relationships and much more, which are enshrined in documents or unspoken orders from management, are not mandatory.

2. Reporting and responsibility only to the customer is also regarded as a plus in this form of labor organization.

3. Another advantage is that free movement and choice of place to perform duties is possible, there is no attachment to an office or production facility.

4. A clear understanding of the amount of income and deadlines depend only on the efficiency and diligence of the performer. The principle of “done faster, paid faster” in this case is also considered a plus.

This opinion can often be heard from representatives creative professions, builders and repairmen who accept orders for a single object as a whole, agents who are accustomed to the fact that only their personal initiative can provide them with a decent income.

But freedom in determining one’s work behavior and regime inevitably has a “downside”. Whether there are so many advantages with so many disadvantages is up to the potential applicant to decide. Here are just the main disadvantages of GPA:

• 1. Absence social guarantees(no paid vacations, sick leave, compensation for harm to health and early pensions due to hazardous working conditions).
• 2. In the event of a refusal to pay and a dispute arises regarding the disadvantages in the work performed, the contractor can only protect his rights through the court. The mechanism for defending one’s interests provided for labor legislation, in this area of ​​law simply does not apply.
• 3. The ease with which such a document is terminated can also be considered an undoubted disadvantage. The customer can simply present the employee with the fact that the company no longer needs his services, without observing any deadlines other than those expressly specified when signing the contract. Naturally, you don’t need to count on any payments, such as severance pay or compensation, or offers of another type of employment.
• 4. The signed contract is most often fixed-term, and the search for further work will fall on the shoulders of the employee.

Having weighed all the pros and cons of such employment, the employee may consider the described risks acceptable and accept all the responsibility provided for by civil law relations. It’s good if the nature of the proposed work really requires only this type of design.

It’s worse if they want to disguise a real employment agreement as a GPA in order to save on social security contributions and relieve oneself from additional obligations on the part of the employer. It is better for the applicant to know about this management technique and understand the seriousness of the situation in the future in advance.

Hiring without a work book sometimes becomes a condition of the employer for employment. How does this threaten the employee and does the law allow such registration?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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What does work without a work book consist of under a contract? Sometimes a person gets a job, but the work is not recorded in the work book.

Most often, the initiator of such registration is the employer. How acceptable is such employment for the employee?

What is the scope of work under a contract without making an entry in the work book?

Highlights

Correct registration of labor relations provides guarantees for paid vacation, sick leave and other benefits predetermined by labor legislation.

But often the employer offers employment without drawing up a standard employment contract. Consequently, there is no record of employment in the work book.

The labor legislation of the Russian Federation stipulates that mandatory documents When applying for a job, a work book is included.

It is impossible to officially find a job without it. It is the entry in the labor record that certifies that there is a fact of hiring and a certain time period of work.

If you have a completed work book, you can confirm in the future that you have a certain length of work experience.

Also, an entry in the book becomes a compelling argument in case of disputes regarding payment of wages and receipt of guarantees.

Work under a contract without a work book is like activity under an oral agreement, that is, such employment leads to complete absence control over labor relations.

The employer has the right to dismiss an employee at any time, pay less than the promised salary and is not obliged to provide guarantees.

According to the law, hiring without making an appropriate entry in the work book for the employer is fraught with punishment in the form of administrative sanctions.

But there are still legal ways to find employment without a work book.

In particular, the employer may offer the following agreement instead of an employment agreement:

• contract, etc.

What is it

In this case, the contract may provide for certain conditions for work, but this is not at all necessary.

The contractor under a civil contract has the right to involve third parties to perform work.

With the customer at the moment there is no need to coordinate, since the main thing for him is to get the finished result and the method of execution does not concern him.

The payment procedure under the GPC agreement is agreed upon by the parties. This can be prepayment, advance payment, payment upon completion of work and signing.

As for the withholding of taxes and contributions, under the GPC agreement the customer withholds and pays contributions to the Compulsory Medical Insurance Fund and the Pension Fund.

Without explaining the reasons, the customer may refuse to conclude a contract. In addition, such an agreement always has specific validity periods.

Legislative framework

The parties are free to decide on the type of contract to be concluded when performing certain work.

By agreement with the employer, a civil law contract may be concluded. But the execution of a GPC agreement is illegal if, in essence, labor relations.

An employer has the right to enter into a civil law contract in place of an employee if the employee’s activities are aimed at performing a specific task to achieve a certain result.

In this case, the performer himself organizes the process of performing the work and is not obliged to carry out the orders of the employer.

If it is proposed to conclude a GPC agreement, but the terms of the employment contract apply, then this is unlawful.

As for concluding an employment contract without making an entry in the work book, only two possible options are allowed:

There are no other methods of employment without obtaining a work book.

If an employee gets a main job or is registered to work for an individual entrepreneur or legal entity and there are no plans to make an entry in the work book, then most likely a civil law contract will be drawn up.

Getting a job under a contract without a work book

In case official employment and the performance of professional activities, it is mandatory to draw up a contract.

In the absence of an entry in the work book, it is the contract that becomes the main evidence of implementation work activity and the presence of experience.

The law obliges an employer, who is a legal entity or an individual entrepreneur, to issue a work book for an employee if he works for more than five days () and the work is the main one.

Refusal to make an entry in the work record becomes a violation labor law. The only exception is work or the conclusion of a GPC agreement.

Also, no entry is made when an agreement is concluded with a private person. In such a situation, an individual simply does not have the right to make an entry in the labor record, although certain rules of legal relations exist in this case as well.

Admission procedure

Hiring to an individual is far from uncommon. For example, a person gets a job as a housekeeper, nanny, or gardener. At the same time, the employee’s work does not become a way to make a profit for the employer.

That is, the employee is provided with all the required guarantees and labor relations are formalized in accordance with according to the accepted procedure ().

If the employer does not want to officially employ the employee by making an entry in the employment record and providing guarantees, if the main requirement is to perform a specific job, then a GPC agreement should be concluded.

When working as a security guard

Working as a security guard without entering a labor record is now practiced everywhere. At the same time, the majority of such security guards work for days, without observing the labor regime (according to the Labor Code, no more than 186 hours per month are provided).

But even if an employment contract is drawn up with a security guard, his position is more often referred to as “watchman”, “watchman” or anything else, but not a security guard.

This is due to the fact that, according to the law, the entity carrying out security activities must have an appropriate license. Otherwise, security guards are prohibited from carrying out activities.

When concluding a GPC agreement with a security guard, you should definitely check that the employee has a security guard’s identification card.

Regarding contracts of a civil law nature, the contract is governed by Civil Code RF. According to paragraph 1 of Art. 702 of this code, the contractor and the customer enter into an agreement between themselves, according to which one of them (the contractor) must perform a certain amount of work, and the second party (the customer) must accept it and pay in the established amount.

The main difference between an employment contract and a work contract is that in the first case the employee is obliged to perform the labor function described in the agreement, which the employer has the right to control and adjust (Article 56 of the Labor Code of the Russian Federation). As for the contract, here the contractor is only required to present a high-quality result of the work; the customer does not interfere in his process. Therefore, the contractor himself decides how exactly to complete the task, unless otherwise provided by the agreement (Clause 3 of Article 703 of the Civil Code of the Russian Federation).

Employment under a contract - advantages of the agreement

Before deciding to work under a contract, the pros and cons of this type of agreement should be studied in detail .

The main advantages for the customer are that there is no need to:

• payment of sick leave and vacation pay;
• providing the contractor with a workplace and materials for work.
• payment of insurance premiums.

For the contractor, the advantages of working on this species contracts are:

• the possibility of non-compliance with the internal rules of the company - this means that he can come to work and leave it at a time convenient for himself, not adhere to the dress code, not comply with labor protection requirements, which apply only to workers under an employment contract;
• lack of control on the part of the customer (if the relevant conditions are not specified in the contract);
• the possibility of combining this activity with the main job;
• possibility of attracting subcontractors.

In addition, it should be taken into account that the law does not prohibit the transition of civil law relations into labor relations (by concluding an employment contract with a contractor). This means that each side has the time and opportunity to take a closer look at each other and decide on further cooperation in a completely different form.

Don't know your rights?

Registration of a contract - what pitfalls may lie in wait

Despite the significant number of advantages this method performance of activities, the contract also has some disadvantages. At the same time, for the customer they are minimal and consist only in the absence of the opportunity to interfere in the work process. As for the contractor, by agreeing to work under a contract, he voluntarily deprives himself of a number of social benefits provided for by the employment contract:

• paid leave and sick leave, including maternity leave;
• days off;
• bonuses;
• social insurance.

In addition, the contractor does not have insurance for the result of his work, so it may be damaged before it is accepted by the customer (for example, due to the negligence of subcontractors), resulting in the risk of non-payment.

Is a contract included in the length of service?

According to Part 1 of Art. 11 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ, insurance length of service (this is how work experience began to be called after the pension reform of 2002) is formed through the performance by an individual of any type of work, subject to payment of insurance contributions to the Pension Fund. According to Part 1 of Art. 4 of Law 400-FZ, each insured person has the right to apply for an insurance pension after reaching a certain age.

Thus, the period of work under a contract is included in the total length of service and is taken into account when calculating the amount of pension payment if insurance premiums are paid for the contractor.

Dismissal under a contract

The term “dismissal” is used for labor relations, so it is not entirely correct to use it in relation to a contract. The contract agreement specifies the start and completion date of the work (Clause 1, Article 708 of the Civil Code of the Russian Federation). In this case, the customer can terminate the contract at any stage of their implementation. In this case, he is obliged to pay a certain percentage of the cost of work specified in the contract according to the volume of work performed. He must also compensate the contractor for losses - based on the difference between the cost established by the agreement and the completed part of the work (Article 717 of the Civil Code of the Russian Federation).

Unlike an employment contract, a contract agreement, unless otherwise specified in the contract, does not imply the need for the contractor to warn the customer 2 weeks in advance of his intention to terminate cooperation; accordingly, he is not obliged to work out anything before leaving.

Contract when applying for a job, what to look for when concluding it

In order to avoid various controversial issues in the cooperation process, it is important to carefully read the contract agreement and note the presence of the following conditions in it:

• a clear indication of the subject of the contract, that is, the work that the contractor must carry out;
• a clear deadline for completing the work;
• indicating the amount of payment for the entire scope of work.

Thus, the contract has certain specifics that must be taken into account when concluding it. The agreement has a number of advantages and disadvantages compared to an employment contract. It should be understood that a contract is not an employment contract, but a civil law contract, and take into account all the differences when concluding it.

Some employers, when hiring a new employee, impose a condition - registration without a work book. Let's consider what the features of this job are, what are the legal ways to hire an employee without a work record, the guarantees he has, as well as the pros and cons of working without a work record.

Work book, agreement, contract: that’s the difference

1. Work book is a document that indicates labor activity and work experience individual person. It contains information about the person’s official employment, his dismissal from work, and is required when registering and calculating a pension (see). If available, you can contact labor inspection or confirm the number of years worked at the enterprise.
2. Employment contract – a written agreement between an employee and an employer, which defines their rights and obligations in relation to each other. The responsibilities of the employee are to personally carry out work in a specific position in accordance with his own and internal labor regulations, and the employer is to provide work with appropriate labor conditions and pay wages on time.

Employment contracts are drawn up for an indefinite period, there are urgent And unlimited, are divided by the nature of the relationship (by main place of work, part-time work, temporary or seasonal work, work for an individual, at home or public service).

1. Labor contract - This is a type of agreement discussed above. Currently, this term is absent from legislation (since 2002), but there is no prohibition on its use. Contracts are concluded with employees of various government agencies (for example, internal affairs bodies) and military personnel. It is concluded for a specified period of validity, the maximum is 5 years, and after its expiration there is no renewal.

The employment contract contains a number of incentive measures and guarantees related to social security.

An employment contract is an agreement between an employee and an employer: the former undertakes to personally carry out activities in accordance with the qualifications received. A contract is a written document that proves the legal relationship between an employer and a subordinate.

In this case, the work book acts as a document reflecting a person’s work path.

There are a number of situations in which the employer does not make entries in the employment record. These include the conclusion of a contract or civil contract, subject to the temporary performance of work duties, when a certain final result is required, documented in the acceptance certificate of the work/services performed.

Employment agreement and contract: is there a difference?

An employment contract is a fixed-term type of contract.

If an employment contract is concluded for a period that is not clearly defined, then the contract is drawn up for a period from 1 to 5 years. If the employer decides to terminate the employment relationship before the expiration of the contract, he pays compensation to the employee.

Termination of a contract before its expiration is possible solely at the initiative of the employer or if the employee grossly violates the conditions specified in the agreement. This is how it differs from a contract, in which there are situations where the employer forces a subordinate to write a letter of resignation from his position. at will. The contract can be terminated by both parties.

Performing work duties without a work book can be carried out in a number of cases - for example, during evening work, when working in free time from the main activity.

There are a number of advantages to doing this:

• Usually, work without labor implies a flexible schedule, in which the employee determines the time for performing duties and resting himself;
• despite the absence of notes in the work record, it is possible to prove the period of time worked on the basis of a work contract, which allows you to establish length of service and calculate a pension;
• such work is beneficial for pensioners, since in this case the size of the pension is not cut.

However, there are many more disadvantages:

• no paid sick leave, vacation, maternity benefits, and work-related injuries;
• experience is not accrued, which will not allow you to confirm your experience when applying for a new job;
• no bonuses;
• there is no guarantee that the employer pays medical and pension contributions (this is his responsibility, but he does not bear responsibility);
• the worker must independently pay taxes on the earnings received;
• the employment contract can be terminated at any time before its expiration;
• there is a risk that in case of illegal and groundless dismissal, the employee will not be able to receive the salary due to him;
• An employee can receive a fine at any time.

Thus, working in the absence of a work book does not fully protect human rights at the legislative level. However, it is not difficult to find a vacancy where it is not required, since many employers seek to protect themselves from the bureaucratic hassle of properly registering an employee.