Registration with a labor employer SP. Entry in the work book un to yourself. A sample of filling out an individual entrepreneur's work book
Today, in order to receive a guaranteed pension in old age, it is necessary to correctly draw up documents, but many novice entrepreneurs are so entangled in a complex system of legislation that they cannot understand whether they themselves need a work book, how to make an entry in a work book for an individual entrepreneur, whether they have they are eligible for a pension in old age, and, how to correctly arrange employees who came to work for an individual entrepreneur.
All these questions can only be answered by labor legislation, as well as people who understand it.
Today we will try to delve into the basics of labor law and sort out all the rights and obligations of an individual entrepreneur regarding labor registration. Knowledge is power, so we are starting to fill in the gaps in our knowledge now.
General points related to the work book for individual entrepreneurs
Every citizen who carries out labor activities on the territory of our country must have a work book. Record o gives a count of your seniority. And fix a complex and costly process.
As for the main nuances of keeping a work book by an individual entrepreneur, here it is worth paying attention to a number of points. So, for example, an individual entrepreneur must acquire labor for his employees himself, but may ask the employee for a favor to divide the purchase costs between them.
Also, an individual entrepreneur has the full right not to issue orders for his company to hire a citizen.
An individual entrepreneur must himself, in accordance with the rules established for personnel officers, keep the employee's work book.
Sole proprietor on his own at the discretion of accepting an employee for a specific position, and also assigns him a salary and keeps his work book, so he is in fact and by law an employer. He also brings in.
Do I need to make an entry in the work record book for myself?
Is it possible to get a work book on yourself? The Labor Code does not deny this provision, but does not approve it either. An individual entrepreneur does not need to get himself a work book. Firstly, no one will check it, and secondly, this is not provided for by law, which means, as a general rule, it is illegal.
It is also worth keeping in mind that the pension fund, as well as the tax inspectorate, independently calculate the payments made by the entrepreneur, and also calculate his length of service. If an individual entrepreneur is an honest tax payer, this means that he can count on a decent pension at the onset of the appropriate age.
Record in the work book about hiring in an individual entrepreneur
Hiring an employee to work for an individual entrepreneur is a whole event. The employer needs to be clearly aware of the pattern of his behavior, as well as to know the sequence of his actions.
Many employees themselves do not know how to correctly draw up an employment contract and other labor documents, which is why your task as an employer is know this information in order to correctly register the accepted employee.
Before proceeding to filling out the work book, the employee must pass interviews. Based on the result of a successfully completed interview, an employment contract is drawn up.
Only then does the entry into the work book begin. Read about the rules for filling out a work book when applying for a job with a trial period.
How to issue a labor employee if this is his first work experience?
So, imagine that you have taken an employee to help you. But, as we know, and in accordance with the legislation of our country, he cannot work for you unofficially. That is why the fact of the occurrence of labor relations between you must be documented.
But what to do if the employee first decided to get a job officially... In this case, you need to correctly draw up the first labor document of the employee. Where to start if you yourself are a young individual entrepreneur who has never encountered such a thing?
First, you need to worry about buying a work book. You can buy it at any print store. But here the entrepreneur is faced with the question of who exactly should deal with the purchase of the document. Since in the labor code in article 16 it is said that it is the employer who hires the employee and is the designer of his labor document.
This means that the work book is acquired by the employer for his employee... Also, the employer cannot shift this responsibility to a subordinate. The only thing that an individual entrepreneur can do is, with the consent of the employee, to withhold half of the cost of labor from the employee's salaries.
If the labor is started for the first time, then it is the employer who is responsible for filling out the labor. Therefore, an entrepreneur needs to take this process very seriously. For more information on hiring appointments, see the article on.
Filling out a work book by an individual entrepreneur - sample: 
How to make an entry in the work book of an individual entrepreneur to an employee?
The title page contains basic information about the employee. It is worth filling it out correctly and without mistakes, it is an important task, because only with absolutely competent and correct filling out the work book can be considered valid. Correctly enter the data on the surname, name and patronymic of the employee.
The next item is to correctly indicate the date of birth. There should be no crossed out and corrections in the labor book.
Now you need to indicate the level of education of the employee. So, the line should contain an entry: "higher", "secondary" or "secondary-special".
It is worth remembering that the level of your education is spelled out in a special document called a diploma.
Your graduation specialty is also indicated there. For example: “Higher education. Lawyer".
Job Record
Record of employment is made in the work record book. To do this, fill in all the columns of the form that are in the work book.
Let's consider in stages:
- the first column indicates the record number, but since we are considering a situation in which you are the first employer for an employee, this number will be the first.
- in the second column we indicate the date of the labor contract.
- in the third column, about job details, we indicate the place of work and the position of the employee.
- in the fourth column, an order is written in large organizations, but when working for an individual entrepreneur, the number and date of filling out the employment contract are indicated.
Also, the signature of the head and the seal of the SP is put.
An example of such a record might look like this: “No. 1. 12.06.2015 IP Zaitsev. Admitted to the position of a salesperson - consultant. Employment contract No. 123 dated 06/12/2015 ".
Dismissal note
In case of dismissal, the entry is similar, however, there is no need to write the name of the organization. Upon dismissal, the basis is written, which served as the dismissal.
An example of such a record looks like this: “№2. 11/07/2015 Dismissed from the position of a sales consultant of his own free will. " Next, the signature and seal of the individual enterprise is put.
Awards page
If in the course of his labor activity the employee has received awards, it is also worth writing about this in his labor book, so that the next employer will assess what a valuable frame he has come across.
The award is also recorded in the work book.... The entries are assigned their own separate number and date. In the information about the award, it is indicated which award the citizen was awarded. Maybe it's a diploma, a state award, or some other type of encouragement. In general, the entry looks something like this: “No. 1.26.07.2015. IP Morozov. Awarded gratitude for the preparation and holding of the event with veterans on May 9 ".
This record is certified by the employer's signature and seal.
How to make changes (correct) correctly?
If there is a need for entering changes or correcting, then it is worth doing it as carefully as possible. If it comes to changing the name, then the changed data should be crossed out, and on the left side of the main spread write on the basis of which document the action was performed, for example, changing the surname on the basis of a marriage certificate.
If you need to change the entry in the line where the data on the work is indicated, then you must indicate with the next paragraph that the entry is incorrect, and with the next paragraph, rewrite the correction. For example: “№2. 26.07.2015. Item # 1 is invalid. No. 3 SP Morozov. Awarded a diploma for the preparation and conduct of the event. "
All records are certified by the seal and signature of the head.
Features when working for individual entrepreneurs
If an employee works for an individual entrepreneur, he should be prepared for the fact that his labor records will look a little different than that of employees of organizations. So, for example, there is no link to a document that speaks of dismissal. In the record of the fact of hiring, rewarding or the fact of dismissal, the employer can refer only to the employment contract and the labor code, and specifically its articles.
Also, a feature of working for SP is the fact that the employer fills out the documents himself at the same time, without involving personnel from the personnel department, they simply do not exist.
If the employee quit, but did not take the work book, the individual entrepreneur has no right to get rid of it. He should, according to all the rules, first try to contact the employee or his relatives.
If this fails, the employer sends the document to the place of residence by registered mail. If the place is unknown or the employee does not receive the book, it is necessary to keep it with him until the employee shows up with the employer in order to pick up the document.
The employer must provide a work book to a novice employee himself... These and many other nuances will accompany the employee and employer in their labor interaction.
Responsibility for violations
If one of the parties committed a violation in filling out the work book, then an administrative fine is threatened.
At the enterprise, it is imposed on an employee of the personnel department, and in the case of registration of a SP, it is most often imposed on an individual entrepreneur.
For incorrect or untimely execution of a work book, for its damage or loss, as well as failure to issue upon dismissal, the employer represented by SP bears administrative responsibility in the form of a fine in the amount of three hundred to five hundred rubles.
Conclusion
It would seem that such a complex topic as registration of labor for SP has already been disclosed and everything turned out to be very easy to understand. Do not be afraid to work for yourself and involve others in this work. Follow the letter of the law and do not deviate from the prescribed canons, and then you will become not only an experienced businessman, but also an excellent leader.
In Russia, the work book is the main document containing information about the labor activity and length of service of an employee. Since 2008, the obligation to maintain and fill out work books has also appeared for individual entrepreneurs. In this article, you will learn whether it is possible to write a business record in a work book for yourself and how this issue is regulated at the legislative level.
Who is an individual entrepreneur
An individual entrepreneur is an individual who is registered as an individual entrepreneur and conducts business without forming a legal entity. In other words, even after passing the state registration procedure, an individual entrepreneur remains an individual.
The individual entrepreneur is registered at the address of permanent registration of a citizen. Unlike a legal entity, an individual entrepreneur is not an employer a priori. He is obliged to register in this status only when he concludes the first employment contract with an employee. Also, an individual entrepreneur does not have constituent documents, in which organizations enter information about all changes made.
What law regulates the compulsory maintenance of work books of individual entrepreneurs
A lawyer will advise you in the comments to the article
Is an individual entrepreneur obliged to keep work books of employees? Until October 6, 2006, individual entrepreneurs could not fill out the work books of workers and the question "individual entrepreneurs and work book" was not raised. The document confirming work for an individual entrepreneur was an employment contract registered with local authorities.
After the entry into force of Federal Law No. 90-FZ of June 30, 2006, that is, after October 6 of the same year, individual entrepreneurs, like organizations, must keep records of employees' work books (part 1 of article 309 of the Labor Code of the Russian Federation). It is also necessary to keep a book of records of work books and inserts to them. It is no longer necessary to register labor contracts with your employees in the administration.
▼ Try our bank rate calculator: ▼
Move the "sliders", open and select "Additional conditions" so that the Calculator will select the best offer for you to open a current account. Leave a request and the bank manager will call you back: he will advise on the tariff and reserve a current account.
We are hiring
The individual entrepreneur makes an entry in the employee's work book if he has worked five working days and this place is his main place of work (clause 3 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation No. 225 dated 04.16.2003).
For newcomers to work, an individual entrepreneur draws up a work book within seven days in the presence of an employee. When filling out the title page, it is indicated:
- Surname, name, patronymic of the employee;
- Date of birth in the format (dd.mm.yyyy);
- Education;
- Profession, specialty;
- Date of completion;
- Employee's signature;
- Stamp and signature of the person in charge (entrepreneur).
Sample of filling out the title page
Further information about the work is entered. The number of the entry is affixed in order, the date of admission to work, the record of admission to the position, the basis for admission. For employees who entered earlier on 06.10.2006, the basis will be the "employment contract dated 11.11.1111 (date) No. 1 (number)".
For applicants after October 6, the basis will be "order from 22.22.2222 (date) No. 2 (order number)". Since individual entrepreneurs for registration of labor relations must use unified forms of documents: orders for employment, personal cards of employees (form T-2), etc.
If an incorrect or inaccurate entry in the work book is made by the employer-entrepreneur and his activity is terminated in accordance with the law, then the correction is made by the employer at the new place of work.
A sample of filling out an individual entrepreneur's work book
We fire an employee
The employee's dismissal record is made on the day of dismissal in accordance with the wording of the Labor Code and the text of the dismissal order. In this case, it is written:
- Sequential number of the record;
- Date of dismissal;
- Reason for dismissal with reference to an article of the Labor Code;
- Name, date and number of the document on the basis of which the entry was made (order, order);
- Seal, position, surname, initials and signature of the person in charge (in this case, the entrepreneur);
- This is followed by the signature of the employee.
Labor book of individual entrepreneurs
The entrepreneur himself does not pay wages either. The insurance experience of an individual entrepreneur for the subsequent registration of a labor pension is taken into account on the basis of his registration with the Pension Fund as an entrepreneur.
Responsibility for Compliance with Labor Laws
Individual entrepreneurs must comply with the rules for maintaining, storing, recording and issuing work books (clause 45 of the Rules). For violation of these rules, administrative liability is provided (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). It includes the imposition of a fine from 1 to 5 thousand rubles. or suspension of the entrepreneur's activities for up to 90 days.
In some cases, by a court decision, compensation for moral damage may be provided for making incorrect entries in the work book.
Here are the main provisions that an individual entrepreneur should know about working with a work book. Receive new blog articles directly to your mail - only the latest news from the life of an individual entrepreneur:
Consideration of the issue of an entry in a work book in relation to an individual entrepreneur has two main aspects. The first aspect is how the individual entrepreneur makes an entry in the work book for himself. The second concerns situations when an individual entrepreneur makes entries in the work books of employees. We note that neither the one nor the other aspects are clearly regulated by the law. Therefore, these issues require additional clarification.
Employment history
In the work book of each employee of the organization and individual entrepreneur, information is recorded about his labor activity and experience. Such information is strictly regulated on the basis of the Labor Code of the Russian Federation and by-laws.
The form and procedure for drawing up work books are approved in two regulatory legal acts:
- Rules of April 16, 2003 N 225 (hereinafter referred to as the Rules);
- Instructions dated October 10, 2003 N 69 (hereinafter - Instructions).
Note that none of them contains special rules and any peculiarities in relation to IP. However, such features are still available.
Do I need an individual entrepreneur's work book
The Labor Code of the Russian Federation indicates three types of employers, one of which are individuals registered as individual entrepreneurs. Thus, the status of individual entrepreneurs in labor legal relations directly follows from the norms of labor legislation: an individual entrepreneur is not an employee, but an employer. An employee is a person who has entered into an employment relationship with the employer ().
It is obvious that an entrepreneur cannot enter into an employment relationship with himself. Consequently, an entrepreneur is not an employee in the sense attached to this concept by Article 20 of the Labor Code of the Russian Federation.
On the basis of article 66 of the Labor Code of the Russian Federation, employers are obliged to keep work books for employees.
Thus, we come to the conclusion that an individual entrepreneur does not keep a work book on himself, because the legislation does not provide for such an opportunity.
The question of how and where exactly the activity of the individual entrepreneur should be recorded (if not in the work record book) for calculating the length of service is regulated by legislation in the field of pensions. The insurance period includes the activity of an individual entrepreneur, therefore, the main confirmation of the fact of employment and the corresponding length of service for an individual entrepreneur is a certificate of state registration of the status of an entrepreneur with the tax authority.
Work for an individual entrepreneur according to a work book
Individual entrepreneurs in the cases specified in Article 66 of the Labor Code of the Russian Federation are obliged to keep work books in relation to their employees for hire.
The legislation (in particular the Rules and Instruction) does not take into account some aspects of the status of an entrepreneur in the context of the issue under consideration.
For example, on the basis of clause 3.1 of the Instructions, the full and abbreviated name of the organization must be reflected in the work book.
In this case, the specified paragraph should be interpreted not in relation to the organization as a legal entity, but in relation to the employer, that is, the individual entrepreneur.
With this in mind, the entry should be made in accordance with the certificate of registration as an individual entrepreneur.
Surname, name and patronymic (if any) must be indicated in full, without abbreviations.
In addition, it should be borne in mind that the presence of a seal is not a mandatory requirement for employers. Meanwhile, the Rules and Instructions in some cases require its affixing on the pages of the work book. An individual entrepreneur, who does not have such a requisite, has the right to certify the corresponding records with his signature.
A person who is or was an individual entrepreneur should not have records of work for himself in his work book.
Entrepreneur (IE) and work book, Filling out the work book by the individual entrepreneur
The work book is the main document about the work activity and work experience of the employee. Since 2006, individual entrepreneurs have also received the right to issue them. However, legislators have only recently clarified the specific procedure for maintaining work books by individual entrepreneurs ...
Since March 23, 2008, the obligation of individual entrepreneurs to keep work books for all those who work for them for more than five days has been concretized .. Thus, the Government of the Russian Federation of March 1, 2008, No. 132 "On Amendments to the Resolution of the Government of the Russian Federation of April 16 2003 No. 225 ".
Who should keep work books
The following categories of employers (except for individuals) must keep work books for each employee:
- organizations;
- individual entrepreneurs;
- private notaries;
- lawyers who have established lawyers' offices.
Who and where makes an entry in the work book of an individual entrepreneur (IE)?
The Labor Code of the Russian Federation obliges entrepreneurs to keep work books for all employees, but no entries are made to their own labor IP, since. records of work activity are entered in the work book, and not entrepreneurial.
In accordance with the law, an individual entrepreneur has the status of an employer, not an employee. He cannot conclude an employment contract with himself, since there will be no other party in the labor relationship. Therefore, an individual entrepreneur (IE) has no legal basis for maintaining a work book for himself.
In the work book of an individual entrepreneur for himself and no one else can make an entry!
Note:. A person who is or was an individual entrepreneur should not have records of work for himself in his work book.
In tax retirement insurance contributions for your future retirement. As long as there are deductions and you are listed as an individual entrepreneur, you are getting insurance experience. If you cease your activities, then for calculating the pension, the Pension Fund will give you a certificate of your insurance experience.
Registration of an individual entrepreneur's work book
The Labor Code obliges employers to keep work books for each employee. If work for an individual entrepreneur is the main activity, then an entry in the "labor" is made only if the employee has worked for more than five days. When making out a book, keep in mind that there can be no abbreviations even in the name of the employer, for example, "IE Vasiliev V.V." should look nothing more than "Individual entrepreneur Vasiliev Vladimir Vasilievich".
If an employee comes to an individual entrepreneur who has not worked anywhere before, then he needs to issue a work book. The employee, in turn, must compensate for the cost of purchasing a book by depositing money in the cashier (clause 47 of the Rules for maintaining and storing work books, approved by the Government of the Russian Federation of April 16, 2003 No. 225). With the consent of the employee, the required amount can be deducted from his salary.
Entries in the work book about the reasons for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code or other federal law. The corresponding link must also be registered in the work book.
Dates in all sections of work books are produced in Arabic numerals. For example, if an employee was hired on May 7, 2008, an entry is made in the work book: "05/07/2008".
The surname, name and patronymic of the employee must be indicated in full. Abbreviations or replacement of the name and patronymic with initials are not allowed. The date of birth (day, month, year) is entered into the book on the basis of a passport or other identity document (for example, military ID, foreign passport, driver's license, etc.).
An education record is made only on the basis of a certificate, diploma, etc., and if the education is incomplete, then on a student card, record book, certificate of an educational institution. Each record is assigned its own serial number.
Also, information about the work that the employee performs, about the transfer to another permanent position and dismissal must be entered into the work book.
In the latter case, it is necessary to indicate the basis for the termination of the employment contract.
It should be borne in mind that information about rewarding for success in work is entered in the work book, but not about penalties. An exception is made in cases where the disciplinary sanction is dismissal.
There are situations when, for one reason or another, the entrepreneur's employees do not want to present their work books. How to fulfill in this case the obligation to maintain a work book? It is not necessary to issue a new one, since the employer is not given the right to give the employee another work book if he has the previous one. And in order not to fall under administrative punishment for violating the procedure for maintaining a work book (), it is necessary to draw up an appropriate act signed by several witnesses that the employee was asked to present a work book, which he refused without explaining the reasons.
Attention!
The name of the employer must be written in full in the work book. For example: "Individual entrepreneur Vasiliev Vladimir Vasilievich."
Since February 2008, as a measure of protection of forms of work books, the State Sign has affixed a hologram. It is used at the request of the employer issuing the work book. It can protect the invariant elements of the form, for example, the number, the signature of the person who issued the form, the seal of the employer. Employment record forms and inserts without holograms are valid.
We correct errors in the work book
From mistakes, as they say, no one is immune, therefore, if an error is found in the work book, it must be corrected. The best option is to ask the person who made the mistake, that is, the previous employer, to do this.
If the previous employer cannot be found (for example, the company has been liquidated, and the entrepreneur has moved), then the employer who discovered the error has the right to make the correction. However, this requires an official document from the place of work where the mistake was made.
On the title page of the work book, editing is made on the basis of a specific document. For example, changing the record of the last name - based on the data of the passport, birth certificate, marriage or divorce with reference to their number and date. On the basis of these same documents, they change the name, patronymic and dates of birth, entered in the labor document incorrectly. The previous entry is crossed out with one line and a new entry is made. On the inside of the cover of the work book, links are made to the documents on the basis of which the changes were made.
At the same time, it is not allowed to cross out incorrect entries in those sections of the work book in which information about the employee's work or awards is indicated. Such records must be "declared invalid", and then the correct ones must be entered.
In the case when an entrepreneur, having re-registered, changed his name, and it is necessary to make changes to the book.
Employment record of individual entrepreneurs. Registration of the section "Information about work" in connection with the change in the name of the employer - an individual entrepreneur
Since an entrepreneur as an employer acts on the basis of registration documents, it can be assumed that it is more correct to make an entry in the work book about the renaming of the employer. In this case, the record will look as follows: “Individual entrepreneur I.I. Ivanov (IE Ivanova I.I.) from 01.09.2012 renamed into an individual entrepreneur I.I. Petrova (IP Petrova II) ". Such conclusions follow from
Legal recommendations are given on the correct correction of errors in the work book.
Recommendations are given on how and where to make and issue a duplicate of the work book.
