Each business has its own internal document flow, which is mandatory for each enterprise. This is especially true for personnel activities. What are the required documents for personnel records management We will describe in the article what types of documents are needed at the enterprise and what are the rules and regulations for their maintenance.
Documents by level of obligation:
- Primary documents required in all enterprises (including small businesses).
- Documents that are advisory in nature.
- Documents of a specific focus - depends on the scope of the enterprise’s activities and structure.
Documents according to their target affiliation:
- Documentation that is used in staff accounting: orders on hiring and employee, on changing positions, on granting leave, orders on business trips.
- Documents on personnel management and organization of employee activities: job descriptions, internship report forms and employees.
Functionality documents:
- Internal regulations are necessary in order to determine the principles, goals and mission of the enterprise, which absolutely all employees of the enterprise are required to fulfill and take into account in their work (orders of the owner, regulations and requirements regarding work discipline, instructions).
- Information and settlement documents that contain information about employees and everything related to their work at the enterprise (tables with schedules and calculations, pay sheets, documents with payments for business trips).
- Documents confirming completion labor responsibilities employees in accordance with the labor legislation of the Russian Federation and pension legislation.
- Documents of an administrative nature, which are issued directly by the owner of the enterprise for the purpose of transferring them to employees (directives, orders on personnel changes, resolutions).
- Documents for maintaining personnel records: registration log, accounting books, which are necessary to establish a serial index on all documents and which give personnel papers legal force. They are necessary for the work of the personnel service and the general accounting of employees and their documentation in the organization.
Mandatory documents
The list of these documents is quite wide, but every personnel officer should know and understand how they are drawn up, and be able to both draw them up and control the correctness of their execution.
Required documents include:
- Staffing schedule (Article 15 of the Labor Code of the Russian Federation).
- Employment contract (TD).
- Order for employment (form No. T-1).
- Employee card (form No. T-2).
- Orders to change the position of employees (Form No. T-5).
- Vacation orders (Form No. T-6).
- Vacation schedule (form No. T-7).
- Order on termination or termination of trade agreement or employment contract with an employee (Form No. T-8).
- Document for recording working hours (form No. T-13).
- Documents for calculating salaries and bonuses for employees (Form No. T-12).
- Work regulations at the enterprise.
- Acts on labor protection requirements and reports, which are drawn up on the basis of the rules and instructions for labor protection regulations of the Russian Federation.
This is a list of basic documents personnel documentation, which should be in every enterprise.
Requirements for storing personnel documents
Personnel documents are important not only for internal reporting, but also for compliance with the labor legislation of the Russian Federation. Required documents must be kept in each organization, for which they are responsible authorized persons. The inspection system systematically checks the documentation and, if necessary, imposes penalties for non-compliance with the requirements. labor legislation. For example, violation of the requirements of the Labor Code may entail administrative liability, in which a fine for officials ranges from 1 thousand to 5 thousand rubles, for an LLC - from 30 thousand to 50 thousand rubles, and in case of serious violations, the activities of the enterprise can be suspended for 3 months in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.
If an official is reprimanded for a similar violation of labor laws, he will be subject to disqualification for a period of 1-2 years.
In case of violation of legal requirements regarding the maintenance, completion and storage of documents strict reporting and the mandatory papers listed above, the employer and personnel employee bear administrative and criminal liability. More details in Art. 419 Labor Code of the Russian Federation. In the absence of mandatory personnel documents for the enterprise, the employer is given an initial reprimand and a date is set for a second visit by the labor inspectorate, as a result of which all mandatory documents must be filed in accordance with the law.
Dictates standards of liability for improper storage mandatory documents, including work records, personal cards of employees and orders of various nature.
Violation of confidentiality of information about an employee is punishable in accordance with Art. 137 of the Criminal Code of the Russian Federation. The fine can reach 200 thousand rubles.
Maintaining document flow and storing mandatory documents at the enterprise - mandatory requirement for the personnel department. Control of this issue is carried out by the State Archives of the Russian Federation and the Rostrudinspektsiya, which at any time have the right to come and inspect the enterprise.
Giving documents legal force
* instructions for personnel records management
* preparation of personnel service files for transfer to the organization’s archive, storage periods
* employer's liability for violation of requirements for maintaining personnel records
The main purpose of personnel documentation is to give greater transparency to labor relations. The entire system of personnel documentation establishes certain rules, subject to which employees are guaranteed stability, and it is easier for the administration to manage personnel. The most precise regulation of the range of rights and responsibilities using personnel documents meets the interests of both parties to the labor relationship.
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 table (Article 57 of the Labor Code of the Russian Federation);
· Internal rules 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);
· At shift work each group of workers must 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 on labor protection. The employer is obliged to 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 are primarily checked by federal labor inspectors.
Shift schedule Art. 103 Labor Code of the Russian Federation Mandatory if there is shift work
Personnel documentation
It is created in the process of the HR department fulfilling its responsibilities for documenting work with personnel. Personnel documentation is always “tied” to a specific employee and reflects the specifics of his position (profession), conditions of employment, work results, etc.This type of documentation includes:
administrative documents, documents confirming labor activity employee;
information and settlement documents;
official internal correspondence;
journals (books) of accounting and registration of documents.
The documents included in each of these groups have their own characteristics. They are intended for different purposes and are developed, approved and implemented in different ways.
Administrative documents
Documents confirming work activity
Information and settlement documents
Internal official correspondence
Journal (books) of accounting and registration
Orders for personnel:
About hiring
- about dismissal
- about translation
- about the direction to
business trip
- about granting leave
- about encouragement
-on imposing a disciplinary sanction
Orders on main activities
Work records
- employment contracts and amendments to them
- copies of orders for personnel
Personal cards of employees
- personal files of employees
- time sheet
Employee statement
- memos
- explanatory
- presentations
Registration of employment contracts
- registration of orders for admission, transfer and dismissal of employees
- registration of orders for leave
- registration of orders for business trips of employees
- registration of travel certificates
- registration of service tasks
- registration of local regulations
- a book for recording the movement of work books and inserts for them
- registration of orders for incentives and impositions disciplinary sanctions
- issuing certificates for personnel
- accounting of sick leave
Administrative documents
This type of internal documents includes orders and directives of the manager. With their help, the head of the organization exercises the powers to manage the organization provided for by the charter of this organization.The orders of the first officer of the company are divided into two independent groups.
The first group - orders on the main activities of the organization (on production issues, on approval in the organization staffing table, instructions for personnel records management, certification procedures).
The second is orders for personnel (on hiring, on dismissal, on transfer to another job, on granting leaves, on incentives and disciplinary sanctions).
The documents included in the first group cover the activities of the organization as a whole; they relate to the work of the personnel service only indirectly.
The second group includes documents directly related to the work activities of employees.
Many of these documents are maintained according to a standard form approved by the State Statistics Committee of Russia.
Documents confirming the employee’s work activity
Such documents include:- work book,
- employment contract,
- certificate of employment,
- copies of orders on hiring and dismissal.
The purpose of these documents is to reflect as accurately as possible the employee’s work experience. The fact is that the length of service (general labor or insurance) is important both for the future pension provision of the employee and for the assignment of temporary disability benefits to him during the period of work.
Based on copies of orders from other employers, entries about part-time work are entered into the employee’s work book, and a duplicate of the work book is also drawn up.
Information and settlement documents
Information and settlement documents are maintained by the personnel service to record the personal data of employees and to secure information related to their work activities.These include:
- employee’s personal card,
- staffing schedule,
- time sheet,
- personal matters.
The form of most of these documents is also unified.
Internal official correspondence
Internal correspondence in an organization is used for documentation all personnel decisions. For example, in order to bring an employee to disciplinary liability, it is necessary to obtain an explanation from the employee.
If we are talking about rewarding an employee, his immediate superior sends a proposal to reward the employee to the head of the organization.
With the help of internal official correspondence, there is also an official exchange of opinions between officials of the organization, between officials and the management of the organization.
Accounting and control logs
Registration journals (books) are maintained in the organization to record personnel documentation (personnel orders, work books, personal files, identity cards). Correct registration of a document (with a specific number assigned and with a mark on the date of registration) gives it legal force (the power of evidence), with the help of which the employer can confidently win the case. labor dispute with an employee.
The HR department registers documents on personnel and uses the following registration forms or they are maintained by other authorized persons:
- journal of registration of employment contracts;
- a log of orders for the admission, transfer and dismissal of employees;
- log of orders for granting leave;
- log of orders for business trips of employees;
- journal of registration of travel certificates;
- log of job assignments;
- journal of registration of local regulations;
- a book for recording the movement of work books and inserts for them;
- a receipt and expenditure book for recording work book forms and the insert in it;
- journal of registration of orders on incentives and imposition of disciplinary sanctions;
- journal for issuing certificates for personnel;
- sick leave log;
- logbook for recording accidents at work.
The forms of some journals and books are approved by official bodies, while other forms are developed by the organization itself.
For example, the form of the book for recording the movement of work books and inserts for them was approved by a resolution of the Ministry of Labor of Russia dated October 10, 2003. No. 69. A personal records log or passage log medical examinations does not have a recommended form, therefore it is developed by the organization itself at its own discretion.
Are all documents required?
All of the listed internal documents of the organization are conditionally divided into three blocks:
- mandatory,
- recommended,
- depending on the specifics of the organization.
Mandatory documents should be conducted by all organizations without exception, regardless of their organizational and legal form, scope of activity and number of personnel. All these documents are either directly or indirectly named in the Labor Code. Thus, the need to maintain internal labor regulations follows from Art. 189 and 190 of the Labor Code of the Russian Federation, mandatory staffing - from Art. 57 of the Labor Code of the Russian Federation, and documents on the protection of personal data are prepared based on the requirements of Ch. 14 Labor Code of the Russian Federation.
Recommended Documents serve to optimize work with personnel. They may or may not be in the organization. It depends on the decision general director or the head of the personnel department.
For example, not every company has job descriptions for specialists or regulations on departments.
Documents depending on the specifics of the organization, are mandatory only for certain companies. IN to a greater extent this applies to organizations with harmful conditions labor. If the organization has professions that the law classifies as professions with hazardous working conditions, then the development of additional instructions becomes mandatory for this company. For example, about undergoing training when working with dangerous objects or about undergoing periodic medical examinations.
What exactly needs to be included in the organization’s personnel documentation? List of personnel documentation of the enterprise:
List of required personnel documents
Document | Link to legislation | In what cases is it issued? | ||
General documents | ||||
Internal labor regulations | Art. 189 Labor Code of the Russian Federation | Necessarily | ||
Staffing table | Necessarily | |||
Book of movement of work books and inserts in them | Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003 | Necessarily | ||
Job Descriptions for each position in accordance with the staffing table | Unified Tariff and Qualification Directory | Required if job responsibilities not regulated in employment contracts | ||
Regulations on personal data of employees | Art. 86 Labor Code of the Russian Federation | Necessarily | ||
Regulations on remuneration of workers | Section VI of the Labor Code of the Russian Federation | |||
Regulations on bonuses and material incentives for employees | Section VI of the Labor Code of the Russian Federation | Mandatory if wage issues are not regulated in employment contracts | ||
Regulations on labor protection | Section X of the Labor Code of the Russian Federation | Not necessary | ||
Occupational safety instructions by profession | Section X of the Labor Code of the Russian Federation | Necessarily | ||
Briefing log (familiarization with instructions) | Section X of the Labor Code of the Russian Federation | Necessarily | ||
Log of employees undergoing mandatory medical examination | Art. 69 Labor Code of the Russian Federation | Persons under the age of eighteen, as well as other persons in cases provided for by the Labor Code of the Russian Federation and other federal laws | ||
Vacation schedule | Art. 123 of the Labor Code of the Russian Federation, Resolution of the State Statistics Committee of Russia No. 1 of 01/05/2004. | Necessarily | ||
Regulations on trade secret | Federal Law No. 98-FZ of July 29, 2004 “On Trade Secrets” | Mandatory if the employment contract states that the employee must maintain trade secrets | ||
Collective agreement | Chapter 7 of the Labor Code of the Russian Federation | Not mandatory, concluded by agreement of the parties | ||
Individual documents | ||||
Employment contract | Art. 16, 56, 67 Labor Code of the Russian Federation | Necessarily | ||
Order for employment | Art. 68 of the Labor Code of the Russian Federation, Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004. | Necessarily | ||
Employee personal card | Resolution of the State Statistics Committee of Russia No. 1 of 01/05/2004 | Necessarily | ||
Work book | Art. 66 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”, Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69 | Necessarily | ||
Agreements on full financial liability | Appendices No. 2 and No. 4 to Resolution of the Ministry of Labor of Russia dated December 31, 2003 No. 85 | Mandatory in cases of establishing full financial liability | ||
Order on granting leave to an employee | Resolution of the State Statistics Committee of Russia No. 1 of 01/05/2004 | Necessarily | ||
Employee's application for leave without pay wages | Art. 128 Labor Code of the Russian Federation | Necessarily | ||
Time sheet and calculation of wages | Resolution of the State Statistics Committee of Russia No. 1 of 01/05/2004 | Necessarily | ||
Shift schedule | Art. 103 Labor Code of the Russian Federation | Mandatory if you have shift work |
Restoration of personnel documentation
A new HR manager can be expected at new job There are many surprises, and not all of them may be pleasant. For verification, it may turn out that the organization does not have even half of the documents from the above list. Of course, it is almost impossible to develop, execute and implement all these documents in one day. Need to highlight on this list the most important and priority positions and begin to process them.
Start by drawing up a staffing table and vacation schedule. Even if this happens in violation of the deadlines specified in the Labor Code of the Russian Federation.
Then you need to check the availability of employment contracts with employees, the presence and correct execution of orders for admission and transfer, and entries in work books.
Keep logs of employment contracts, a log of orders for the hiring, transfer, and dismissal of employees in your organization.
Prepare a work record book.
Then you have to put your personal cards in the T-2 form in order.
The document is dated by the time it was issued, but the text of the document, for example a T-2 form card, indicates the real (in the case in question, earlier) date of receipt, i.e. exactly the date when the employee was hired or transferred to another position. When establishing the dates of reception and transfer, you can resort to the help of accounting and request personal accounts of employees to reconcile and clarify the dates.
It is very important not to start your current work!
Complete documents for newly hired, transferred or dismissed employees within the strictly established deadlines of the Labor Code of the Russian Federation and in compliance with all office work rules.
The next step should be the preparation, execution and implementation of local regulations.
Remember that this is a serious, very responsible and labor-intensive work, because these documents contain standards labor law(Article 8 of the Labor Code of the Russian Federation).
It is impossible to qualitatively develop and implement job descriptions even with a small staff in three days.
Putting things in order in the organization’s personnel documentation, Be very careful when destroying personnel documents.
Especially to such personnel documents as:
employment contracts, orders for admission, transfer, dismissal,
personal cards of form 1-2, personal accounts of employees,
personal files and registration forms have a shelf life of 75 years.
Unclaimed work books and a book of records of work books and their inserts are stored for 50 years.
The storage periods for documents on personnel are established by the List of standard management documents generated in the activities of organizations, indicating storage periods, approved by the Federal Archive on October 6, 2000 (as amended on October 27, 2003). All documents specified in the List must be submitted to the archives.
Labor and wages accounting in the organization is carried out on the basis primary documents, formed in personnel service. Poorly done work by the HR department inevitably affects the work of both the accounting department and the entire organization. The consequence of this is the untimely payment of employees, sick leave, untimely preparation of documents for submission to government agencies. social bodies. As a result, there is a decrease financial indicators enterprises as a whole.
Compliance Labor Code Russian Federation, the correctness of the execution of personnel documentation is controlled by both the bodies of the Federal Labor Inspectorate (Rostrudinspektsiya) and the bodies of the Federal tax office. A state inspector can come to the office of any organization, regardless of its form of ownership, and demand documents relating to personnel records, and other mandatory internal regulations and orders available in the organization (Federal Law of August 8, 2001 No. 134-FZ “On the Protection of Rights legal entities And individual entrepreneurs when conducting state control(supervision)").
Documenting the activities of the HR service covers all processes related to the preparation and processing of personnel documentation according to established rules, and solves the following personnel management tasks:
● organization of workers' labor;
● conclusion employment contract and hiring;
● transfer to another job;
● providing employees with vacations;
● employee incentives;
● imposition of disciplinary sanctions on employees;
● certification of employees;
● maintaining staffing;
● accounting for the use of working time;
● attracting employees to work on weekends and non-working days holidays;
● registration of business trips;
● termination of the employment contract and dismissal from work.
The list of personnel documents that organizations must maintain, regardless of their form of ownership, is given in the appendix. It also indicates regulatory documents regulating the employer’s obligation to maintain certain personnel documents and their storage periods (in accordance with the List of standard management documents generated in the activities of the organization, indicating storage periods, approved by the Federal Archive on October 6, 2000, as amended on October 27, 2003).
The organization of workers' labor is carried out through the adoption (approval by the head of the organization or an official authorized by him) of local regulations. Every employer must have internal labor regulations and regulations on the protection of personal data. Other local regulations, such as regulations on wages, labor standards, bonuses and material incentives, certification, etc., are adopted if necessary.
A collective agreement (agreement) is advisory in nature, as it is concluded by agreement of the parties (Chapter 7 of the Labor Code of the Russian Federation). Maintaining personal files of employees is recommended for private companies. The employer's obligation to maintain personal affairs extends to employees government organizations in accordance with the Federal Law of July 27, 2004 No. FZ-79 “On State civil service Russian Federation". For convenience, we can still recommend creating personal files or personal folders, and the procedure for their formation should be fixed in the local regulatory act of the organization, approved by the head.
In the employee’s personal file (personal folder), you can include copies of documents that are required when hiring (passport, military ID, certificate of TIN assignment, pension insurance certificate, marriage certificate, birth certificate of children - to provide income tax benefits; documents on education, etc.) and subsequently all the main documents created during the employee’s working life, which characterize his work activity (applications for transfer to another job, resignation letter, characteristics, documents on advanced training, copies of orders for admission , transfer, dismissal, etc.).
In addition, the employer must have the following labor protection documents:
● instructions on labor protection by profession;
● log of the briefing (familiarization with the instructions);
● a log of employees undergoing mandatory medical examination and others.
These documents can be stored in the personnel service of the enterprise, if the organization does not have a separate labor protection service, or in the office.
Please note
In accordance with sub. "a" part 1 art. 356 of the Labor Code of the Russian Federation, the Federal Labor Inspectorate exercises state supervision and control over employers’ compliance with labor legislation and other regulatory legal acts. The Federal Labor Inspectorate has the right to send, in the prescribed manner, to federal executive authorities, executive authorities of constituent entities of the Russian Federation, authorities local government, law enforcement agencies and courts, claims and other materials on facts of violations of labor and labor protection legislation, up to the suspension of the activities of companies where violations have been identified (Article 3.12 of the Code of Administrative Offenses).
The heads of organizations bear personal responsibility for the documentary fund generated in the process of their activities. For violation of the legislation of the Russian Federation and other regulatory legal acts, incorrect maintenance of personnel documentation or the absence of such, the legislator provides for the imposition of an administrative fine: on officials - from 1000 to 5000 rubles, on legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days, and again - entails disqualification of the official (Articles 3.11, 3.12, 5.27, 5.44 and 14.23 of the Administrative Code).
APPLICATION
List of personnel documents required for the organization
Document |
What document regulates |
Note |
Shelf life |
|
Internal Labor Regulations (ILR) |
Article 189 of the Labor Code of the Russian Federation |
When hiring (before signing an employment contract), the employer is obliged to familiarize the employee with the PVTR against signature. Valid until replaced with new ones. |
Constantly |
|
Regulations on the protection of personal data of employees |
Article 86 of the Labor Code of the Russian Federation |
When hiring (before signing an employment contract), the employer is obliged to familiarize the employee with the Regulations on the protection of personal data of employees against signature. Valid until replaced with a new one. |
Constantly |
|
Staffing table (form T-3) (staffing arrangement) |
It is compiled every time certain changes are made to it. |
Constantly |
||
Book of accounting of the movement of work books and inserts for them |
Stored in the HR department and maintained continuously. |
|||
Receipt and expense book for recording forms of work books and inserts for them |
Instructions on the procedure for filling out work books and inserts for them (approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69) |
Stored in the accounting department along with the forms of work books and inserts for them; Forms are received by the HR department at the request of a HR employee. |
50 years (but upon liquidation of the company, it is handed over to the city archive along with other documents, the storage period of which is 75 years) |
|
Regulations on remuneration, bonuses and material incentives |
Section 6 of the Labor Code of the Russian Federation, Chapter 21 of the Labor Code of the Russian Federation |
Subject to availability complex systems wages and labor and bonus systems. Valid until replaced with a new one. |
Constantly |
|
Regulations on the training system |
Articles 196, 197 of the Labor Code of the Russian Federation |
If there is a training system in the organization. |
Constantly |
|
Regulations on employee certification |
Article 81 of the Labor Code of the Russian Federation |
When conducting certification by decision of the employer. |
Constantly |
|
Vacation schedule |
Approved by the employer no later than two weeks before the start of the calendar year. |
|||
Employment contract |
Articles 16, 56, 57, 67 of the Labor Code of the Russian Federation |
Concluded in writing with each employee. |
||
Job descriptions for each position in accordance with the staffing table, work instructions for professions |
Accepted at the discretion of the employer. |
Constantly |
||
Job orders |
Article 68 of the Labor Code of the Russian Federation |
Published on the basis of an employment contract. They are announced to the employee against signature within three days from the date of actual start of work. |
||
Orders for transfer to another job |
Article 72.1 of the Labor Code of the Russian Federation |
Issued on the basis of an agreement on transfer to another job (additional agreement to the employment contract). |
||
Orders of dismissal |
Article 84.1 of the Labor Code of the Russian Federation |
|||
Orders on main activities |
Published as needed. Orders for core activities prepared by the personnel service are registered and stored in the office. The personnel service maintains the file “Copies of orders for core activities.” |
1 year (copies of orders stored in the personnel department) |
||
Orders for granting vacations |
Issued based on the vacation schedule or employee application |
|||
Employee applications for leave without pay |
Article 128 of the Labor Code of the Russian Federation |
Leave without pay is provided at the request (application) of the employee in accordance with Part 1 of Art. 128 of the Labor Code of the Russian Federation or as required by law on the basis of an employee’s application (Part 2 of Article 128 of the Labor Code of the Russian Federation). |
||
Employee personal card (form T-2) |
Conducted for each employee. |
|||
Work book |
Article 66 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, Instructions on the procedure for filling out work books and inserts for them (approved by Decree of the Ministry of Labor of Russia of October 10, 2003 No. 69) |
The employer keeps work books for each employee who has worked for him for more than five days. |
Upon dismissal, the employee receives a work book in his hands. Unclaimed work books are stored in the organization for 50 years; upon liquidation of the enterprise, they are archived |
|
Agreements on full liability |
They are concluded with employees who directly service material assets. |
|||
Accounting book (log book) of orders for core activities |
Instructions for office work in the HR service of VNIIDAD " Sample instructions on office work in the personnel service of the organization" (recommended) |
Must be numbered and laced, sealed and signed by the employer |
||
Accounting book (log book) of employment orders |
||||
Accounting book (log book) of dismissal orders |
||||
Accounting book (log book) of orders for granting leave |
||||
Journal of registration of travel certificates |
||||
Time sheet |
Part 3 of Article 91 of the Labor Code of the Russian Federation |
The employer is required to keep records of the time actually worked by each employee |
||
Shift schedule |
Article 103 of the Labor Code of the Russian Federation |
It is brought to the attention of employees no later than one month before it comes into force. |
||
Logbook for inspections of inspection bodies |
Federal Law of August 8, 2001 No. 134-FZ “On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision)” |
Conducted by all legal entities and entrepreneurs without forming a legal entity |
Constantly |
|
Minutes of meetings, resolutions of certification qualification commissions |
Regulations on certification of enterprise employees |
Issued by the certification commission |
||
Workers' time sheets and orders harmful professions |
Part 3 of Article 91 of the Labor Code of the Russian Federation |
Compiled monthly. |
||
Lists of workers in production with hazardous working conditions |
Resolution of the Council of Ministers of the USSR of January 26, 1991 No. 10 “On approval of lists of production, work, professions, positions, indicators giving the right to preferential pension provision” |
If the production has harmful working conditions; is ongoing. |
||
Lists of employees retiring on preferential pensions |
||||
Correspondence regarding the appointment of - state pensions and benefits; Preferential pension |
||||
Occupational safety instructions by profession |
Section 10 of the Labor Code of the Russian Federation |
Constantly |
||
Briefing log (familiarization with instructions) |
Section 10 of the Labor Code of the Russian Federation |
|||
Log of employees undergoing mandatory medical examination |
Article 69 of the Labor Code of the Russian Federation, order of the Ministry of Health and Medical Industry of the Russian Federation dated March 14, 1996 No. 90 “On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession” (as amended on 02/06/2001) |
|||
Accident reports |
Resolution of the Ministry of Labor of the Russian Federation of October 24, 2002 No. 73 “On approval of the forms of documents necessary for the investigation and recording of industrial accidents, and provisions on the features of the investigation of industrial accidents in certain industries and organizations” |
|||
Acts of investigation of occupational poisonings and diseases |
E.N. Malkova,
specialist in personnel work at Algorithm LLC
Personnel documents- which must be in an organization that has hired employees - include a large list of various items regulated by the Labor Code of the Russian Federation: starting with a document evidencing employment, and ending with general administrative regulations relating to the activities of the entire company. Their absence can have negative consequences for the company.
What types of personnel documents are there?
The documents that an organization must have at its disposal can be divided into the following categories:
- documents of an individual nature - regulate the labor relations of a specific individual and the company;
- general purpose documents - include a wide range of information regulating the work of all employees as a whole.
Mandatory individual personnel documents
Individual personnel documents include:
- labor contract (form TD-1);
For information on drawing up a contract, see the material “Unified Form No. TD-1 - Employment Contract”.
- administrative document on hiring/dismissal (forms T-1 and T-8, respectively);
For information on using the T-1 form, see the material “Unified Form No. T-1 - download form and sample”.
- employee personal card (form T-2);
The template for this form can be found in the material “Unified Form No. T-2 - Form and Sample Filling Out”.
- order on the basis of which the employee is transferred (form T-5);
- order for vacation registration (form T-6).
The specified type of document is presented in the material “Unified Form No. T-6 - download form and sample”.
Mandatory personnel documents in a general purpose organization
Among the general purpose personnel documents, the following stand out:
- staffing table (form T-3);
You will find its template in the material “Unified form No. T-3 - staffing table (form)”.
IMPORTANT!When hiring an employee, his position in the employment contract must correspond to the staffing table (letter of Rostrud dated January 21, 2014 No. PG/13229-6-1).
- vacation schedule (form T-7);
For information on the schedule and the procedure for filling it out, see the material “Unified Form No. T-7 - Vacation Schedule”.
- order to dismiss employees (form T-8a);
- time sheet, on the basis of which the number of hours worked and salary calculation is monitored (forms T-12 and T-13);
For information about the T-12 form, see the material “Unified Form No. T-12 - Form and Sample”.
The structure of the T-13 report card is discussed in the material “Unified Form No. T-13 - Form and Sample”.
- other regulatory documents:
- collective agreement;
- according to internal regulations;
- on wages and bonuses;
- about trade secrets;
- log books:
- work records;
- contracts;
- sick leaves.
IMPORTANT!Some documents that are required in one situation may not be of equal importance in other circumstances. So, for example, if the contract with an employee does not contain a trade secret clause, then there is no need to issue a corresponding provision.
For information about archiving personnel documents, see the material “What is the period for storing personnel documents in an organization?” .
Responsibility for the absence and improper storage of personnel documents
The following methods of punishment related to office work in the personnel sector can be distinguished:
- Disciplinary sanctions provided for in Art. 193 of the 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 Code of Administrative Offences.
EXAMPLE:An audit was carried out at Landysh LLC for 2017, during which it turned out that the company’s personnel service did not have a staffing table for the specified period. The LLC was held liable under paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, according to which the following punishment is provided:
- for officials - 1,000-5,000 rubles;
- for a company - 10,000-50,000 rubles.
Besides:
- Art. 13.20 Code of Administrative Offenses punishes 300-500 rubles. officials for violating the rules for storing documents;
- Art. 5.39 imposes a fine of 1,000-3,000 rubles. against responsible persons for failure to provide the requested personnel records information to the employee, for example, for refusal to issue a copy of the work record 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 corrective labor for disseminating personal information about an employee;
- Art. 183 of the Criminal Code of the Russian Federation applies measures in the event of disclosure of trade secrets.
For information on the penalties provided for by law, see the material “From 01/01/2015, fines have been established for failure to draw up an employment contract or GPA.”
Results
Every company wants to keep reliable records. This applies not only to documents reflecting business transactions, but also to personnel records. In case of non-compliance with the norms of the Labor Code, the company may face penalties, and in the case of disclosure of information from personnel documents, even criminal liability may be applied.
What internal documents should an organization have?
4.9 (98.89%) 18 vote[s]Let us immediately make a reservation that in this article we provide only an approximate list of internal corporate documents. It is approximate not because it is difficult for us to compile a complete one, but because, firstly, a specific list of documents depends on the type of organization - commercial or non-profit, legal form, state and other factors, and secondly, the legal requirements for the availability of internal company documents are constantly being “improved” , and that paper that is not required today may become “fundamental” tomorrow. Of course, we will change and add to the list as best we can, but still keep the above in mind.
However, for those who need a specific list specifically for their organization, then ours will compile the required set of documents for your organization.
List of internal documents of the organization:
Internal corporate documents:
- Decisions (protocols) on approval of internal documents;
- Decision (protocol on the appointment of a sole management body (director, president, head, chairman, etc.).
Here we have not indicated the protocols (decisions) needed when creating and registering an organization, because it is assumed that they already exist if the organization is operating.
Optionally, you can also provide a provision on the procedure for convening the highest governing body (meetings of founders, shareholders, members, shareholders, etc. with the corresponding protocols on their approval.
Regulations on the provision of information, also approved supreme body management
Accounting internal documents:
Regulations on accounting policies (this document is usually developed by accountants themselves, in accordance with the further work of the entrusted company);
Optionally, there may also be a provision on the distribution of profits, dividends, the formation of funds - reserve, capital and others.
List of internal labor (personnel) documents*:
- Staffing table (you can take the standard T3 form);
- Internal labor regulations (Article 189 of the Labor Code);
- Regulations on remuneration (Chapter 21 of the Labor Code of the Russian Federation);
- List of labor regulations (Article 212 of the Labor Code of the Russian Federation);
- A set of legal acts on labor in accordance with the specifics of the activity (Article 212 of the Labor Code);
- Employment contracts (Article 57 of the Labor Code of the Russian Federation), including an employment contract with the director (note: previously, if the founder of the LLC and the director were the same person, then an employment contract was not required, since you cannot sign an agreement with yourself, by the way there were a lot of explanations and the Ministry of Labor, and the Ministry of Finance, however, now the state bureaucratic thought is moving along the path that, after all, when the founder and the director coincide, then there must still be an agreement);
- List of professions and types of work for which labor protection instructions should be developed (Articles 211, 221, 223, 225, 226, 228 of the Labor Code of the Russian Federation);
- List of instructions on labor protection (resolution 1/29);
- Documents confirming insurance of workers against accidents at work and occupational diseases(Article 212 of the Labor Code of the Russian Federation);
Programs (Article 225 of the Labor Code):
- induction program;
- program initial briefing at the workplace
Instructions:
- job descriptions for the director and employees (Articles 211, 221, 223, 225, 226, 228 of the Labor Code of the Russian Federation);
- labor protection instructions;
- fire safety instructions;
Magazines:
- introductory briefing registration log (Article 225 of the Labor Code);
- workplace briefing log (225 TC);
- journal of industrial accidents (Article 228 - 231 of the Labor Code of the Russian Federation);
- journal of labor safety instructions for workers, resolution 1/29 of January 13, 2003);
- journal for recording the issuance of labor protection instructions for workers (Resolution 1/29 of January 13, 2003);
Books(Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69 “On approval of the Instructions for filling out work books”):
- receipt and expenditure book for accounting of work book forms and inserts in it;
- a book of accounting for the movement of work books and inserts in them;
Local orders and resolutions of the founders on labor and labor protection:
- order on the development (approval) of a list of professions and types of work for which labor protection instructions should be developed;*
- order appointing someone responsible for labor safety briefings and maintaining briefing logs* (* can be combined);
- order approving the annual vacation schedule;
- order appointing someone responsible for maintaining and recording work books;
- decision (protocol) on approval of the induction program;**
- decision to approve the initial training program at the workplace;**
- decision on approval of labor protection instructions for employees** (** can be combined)
Optional (these internal documents of the organization may or may not exist depending on the specific specifics and (or) desire, but still we considered it necessary to supplement our list with them):
- The audit log of legal entities and individual entrepreneurs is optional (clause 8 of Article 16 of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control", Order of the Ministry economic development RF dated April 30, 2009 N 141 “On the implementation of provisions Federal Law“On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”;
- Regulations on personal data (clause 8 of article 86, article 88 of the Labor Code);
- Instructions for working on a PC (if working on a PC takes up more than 50% of the working time);
- Occupational safety training program (optional when creating a commission for occupational safety training);
- Order on the creation of a commission to test knowledge on labor protection;
- Labor safety training instructions;
- Protocols for testing knowledge on labor protection;
- Journal of testing knowledge on labor protection.
As you can see, nothing so extraordinary. With due diligence and minimal PC skills, you can easily compile the required list of internal documents of your organization.
Also for most organizations (except those whose economic activity carried out in offices) it is necessary to develop a production control program (Article 32 of Federal Law No. 52-FZ of March 30, 1999 “On the sanitary and epidemiological welfare of the population” and Sanitary rules “Organization and conduct of production control over compliance with sanitary rules and implementation of sanitary anti-epidemic (preventive) measures SP 1.1.1058-01”, approved by the Chief State Sanitary Doctor of the Russian Federation on July 10, 2001.
* However, in accordance with Article 309.2 of the Labor Code, organizations falling under the category of microenterprises can use the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to microenterprises, approved by Decree of the Government of the Russian Federation No. 858 of August 27, 2016. The criteria for classification as micro-enterprises are established by Article 4 of Federal Law No. 209 - FZ of July 24, 2007 “On the development of small and medium-sized businesses in the Russian Federation” and adopted in accordance with this law by the Government of the Russian Federation Resolution No. 265 of April 14, 2016 “On the maximum values of income received from the implementation entrepreneurial activity, for each category of small and medium-sized businesses"
If a micro-enterprise uses a standard employment contract, such internal documents of the organization as internal labor regulations, regulations on remuneration and a number of other local labor (personnel) documents included in the mandatory list may not be drawn up.