This publication will examine Art. 65 Labor Code of the Russian Federation. For what? The fact is that the hiring process requires certain documents. And not everyone knows what needs to be provided in a particular case. Sometimes the employer may illegally request some additional paper. To exclude such cases, you need to carefully study the Labor Code of the Russian Federation. It spells out generally accepted norms that indicate a list of documents presented upon employment. What is not indicated in this article cannot be claimed. So what should you look for? What documents must the applicant submit with whom they want to conclude an employment contract? How often do employer requirements comply with the law?
Summary
Article 65 of the Labor Code of the Russian Federation does not indicate all the documents that the employer will request. In this part of the legislation, only the papers that are required directly at the time of signing the contract are prescribed. But the employment process begins much earlier.
Accordingly, there is at least one document that is not specified in the Labor Code of the Russian Federation, but without which it is unlikely that the employer will agree to accept a candidate for work. It's about a resume. This is something like a jobseeker questionnaire, a story of a potential employee about yourself. On the basis of this paper, the employer gets acquainted with the identity of the candidate for employees. In Art. 65 of the Labor Code of the Russian Federation, a CV is not specified, because at the time of concluding an employment relationship it is not necessary. But for employment, this document is still important. This should be remembered.
Identification
But now you should find out what papers are required immediately at the time of conclusion of the employment relationship. By that time, the employer already knows what this or that applicant is. Part 1, Art. 65 of the Labor Code of the Russian Federation indicates that a citizen without fail brings with him an identity card.
More precisely, we are talking about a passport. It is a copy of it that will have to be attached to the personal file, which will be instituted at the enterprise for each employee. At the legislative level, this is not fixed anywhere, but it is recommended that you make a copy of your passport yourself. According to part 1 of article 65 of the Labor Code of the Russian Federation, an identity card is provided in the original, but a copy is also required.
Employment history
The next important document is a work book. She, based on the provisions of Article 65 of the Labor Code of the Russian Federation, must also be provided to the employer without fail (there are some exceptions, but about them a little later).
If the potential employee does not provide labor, the employer has the right to refuse to conclude a contract. The work book will be kept in the personal file of the employee until the moment of dismissal. Termination of the employment contract implies that the employer will return the labor subordinate, making some entries in it.
Exceptions
What else do you need to pay attention to? A citizen entering a new place of work should be aware of some exceptions that apply.
There are no features for the passport. Its employee must bring without fail. But if we talk about the work book, then in this regard, you can avoid providing it. Art. 65 of the Labor Code of the Russian Federation with comments indicates that this paper may not be presented to the employer if:
- it is about primary employment;
- the document is lost or damaged (you have to write a statement and indicate the reason);
- part-time work is meant.
In the first two cases, the chief must independently issue a new labor. But when working part-time, it is impossible to demand the provision of this document. Although the employee may, at his own request, make an appropriate record of additional labor activity. However, this is not a mandatory process. And they are usually neglected.
SNILS
What else is needed for employment? Part 3, Art. 65 of the Labor Code of the Russian Federation indicates that, without fail, a potential employee brings with him an insurance certificate of compulsory pension insurance. Now everyone has such a document. This is the so-called SNILS. It looks like this: this is a green card with information about the owner and the number of the retirement account. This document is required in order to make contributions to the Pension Fund of Russia.
If there is no such paper, the employer must make and issue SNILS or replace it (for example, if the woman has not managed to change the insurance certificate after marriage and name change). As practice shows, practically all working members of society have SNILs. And it is precisely this green card that is required to be provided upon employment at the time of the conclusion of the labor agreement.
Documents for the military
In h. 4 Article 65 of the Labor Code of the Russian Federation indicates that potential employees must provide a military ID or any other documents that confirm the military duty of the applicant. This item cannot be neglected. Especially when it comes to the work of a civil servant. The fact is that such citizens are not drafted into the army. And if the man has not yet served, then upon dismissal, he will have to undergo military service. This is the direct duty of a citizen of the Russian Federation.
This rule does not apply to women. They are not military service. Therefore, no documents in this area are required from them. By the way, a military ID is required even when it comes to a citizen who has already served in the army. Dismissed to the reserve also provide appropriate papers confirming the military duty performed. There are no exceptions.
Education
But in part 5 of Art. 65 of the Labor Code of the Russian Federation states that, among other things, each applicant must not only confirm his identity, but also indicate the level of education. In other words, a diploma is required to conclude an employment contract. Especially when it comes to a narrow specialty, which requires professional knowledge in a particular field.
This is quite normal. Typically, a diploma and other documents that can confirm skills are attached to the resume. But at the time of the conclusion of the employment contract, it is also presented.
The absence of this paper is possible, but only if, in principle, the employer does not care about the citizen’s education. This is an extremely rare occurrence. Therefore, a diploma and a variety of extracts on the passage of a particular training should be brought with you. This is the only way to confirm the acquired knowledge, skills and abilities.
Criminal record
This is not all the information that is important for potential employees. In Art. 65 of the Labor Code of the Russian Federation indicates that in some situations an employee for employment may be required to provide a certificate of the presence or absence of a criminal record. You can take it either from the district police officer or at the Ministry of Internal Affairs.
In practice, such situations are not very common. And the employer has the right to demand a certificate of no criminal record only when, in accordance with the law, citizens with an open criminal record cannot be allowed to work. It doesn’t matter for what reasons.
In principle, the absence of this certificate is not a reason for refusing employment. The only exceptions are cases where a criminal record in itself is an obstacle to the performance of official duties. For example, to work in government. It follows that documents on the absence of a criminal record may be required, but in most cases this paper can be dispensed with.
Bans, or Everywhere Its Rules
This can complete the main list of documents that are presented during employment. It should be noted that in Art. 65 of the Labor Code of the Russian Federation states: no one has the right to require any other documents from an employee. This is simply illegal. That is, a citizen at the conclusion of an employment contract provides the above documents, and nothing more is needed from him.
Even if the head says that the company has its own rules, you can refuse to present certain papers. The Labor Code of the Russian Federation regulates the main list of documents. Other papers cannot be requested. And their failure to provide in this case is not a reason for refusing to conclude an employment contract.
TIN
But this is not all the important information. The specified list is valid for all professions and activities. But it can be supplemented in some cases. This does not mean at all that every employer, at her discretion, is able to ask additional papers from the future employee, not at all. Just certain posts require, in accordance with the legislation of the Russian Federation, the availability of certain documents.
For example, if a citizen is going to work in government agencies, they must additionally ask him for a paper confirming registration with the tax authorities. Or, as it is also called, TIN. This rule is spelled out in the Civil Service Law. So, according to the law, the requirement does not violate the established rules.
Family status
The Labor Code (Article 65 of the Labor Code of the Russian Federation) indicates a detailed list of documents that must be submitted to the employer in order to conclude an employment contract. Most securities are returned to the owner after the agreement. Copies are taken from the documents, they are attached to the personal file of the subordinate.
Many are interested in the marital status of a citizen starting work. No one can demand a certificate of marriage or divorce, papers confirming the presence of children and so on. This list is provided only for tax deduction or at the personal request of a subordinate.
The Labor Code of the Russian Federation does not state anywhere that a person is obliged to confirm his marital status with documents. Therefore, this requirement is considered illegal by the employer. It is impossible to refuse to conclude a contract for this reason.
Another point is the employment relationship with the pregnant woman. A woman in an “interesting” position needs to bring a medical certificate. In this case, they are not entitled to refuse employment. Indeed, according to the established laws, pregnant women are hired first. Therefore, if an employee wants to work 100%, she must confirm the fact of an “interesting” situation.