Art. 65 TC RF with comments. Art. 65 of the Labor Code of the Russian Federation: Documents required for the conclusion of an employment contract

In this publication, art. 65 of the LC RF. For what? The fact is that the process of hiring requires certain documents. And not everyone knows what exactly needs to be provided in this or that case. Sometimes an employer can illegally request some additional paper. To exclude such cases, it is necessary to thoroughly study the Labor Code of the Russian Federation. It lists common standards that point to a list of documents required when applying for a job. What is not specified in this article can not be claimed. So, what should I look for? What documents must the applicant submit, with whom they want to conclude an employment contract? How often does the employer's requirements coincide with the law?

Summary

Article 65 of the Labor Code of the Russian Federation does not specify all documents that the employer will request. In this part of the law, only the papers that are required directly at the time of signing the contract are spelled out. But the process of employment begins much earlier.

Accordingly, there is at least one document that is not listed in the Labor Code of the Russian Federation, but without which the employer is unlikely to agree to accept a candidate for employment. We are talking about a resume. This is something like a questionnaire for a job seeker, a story of a potential employee about himself. On the basis of this paper, the employer gets acquainted with the candidate's personality in the employees. In Art. 65 of the RF Customs Code, the presence of a resume is not stipulated, because at the time of entering into an employment relationship, it is not necessary. But for employment this document is still important. This should be remembered.

Identification

But now you need to find out which papers are required immediately at the time of the conclusion of the employment relationship. By that time, the employer already knows what this or that competitor is. Part 1 of Art. 65 of the LC RF indicates that the citizen necessarily brings an identification card with him .

More precisely, it is a passport. It is his copy that will have to be attached to a personal file, which will be entered at the enterprise for each employee. At the legislative level, this is not fixed anywhere, but it is recommended to make a copy of the passport independently. According to part 1 of Art. 65 of the LC RF, an identity card is provided in the original, but a copy is required.

Employment history

The next important document is the work book. Based on the provisions of Art. 65 TC RF, should also be mandatory provided to the employer (there are some exceptions, but they are a little later).

If the potential employee does not provide labor, the employer has the right to refuse to conclude the contract. The work book will be kept in the personal file of the employee until the time 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 know about some exceptions that occur.

For the passport, there are no special features. His employee must bring without fail. But if we talk about the work book, then in this respect, it can be avoided. Art. 65 of the LC RF with the comments indicates that this paper can not be presented to the employer in the event that:

• It is a question of primary employment;
• The document is lost or corrupted (you will have to write an application and state the reason);
• Implies work part-time.

In the first two cases, the chief must independently arrange a new labor one. But when you work part-time, you can not ask for this document. Although an employee may, at his own request, make a note on additional work activities. However, this is not an obligatory process. And they, as a rule, are neglected.

SNILS

What else is needed for employment? Part 3 of 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: it is a green card with information about the owner and the number of the pension account. This document is necessary in order to make contributions to the Pension Fund of Russia.

If there is no such paper, the employer himself must make the production and issue of SNILS or replace it (for example, if the woman has not yet had time to change the insurance certificate after the marriage and the change of name). As practice shows, SNILS is practically for all working members of society. And it is this green card that is required to be provided during employment at the time of the conclusion of the employment agreement.

Documents for persons liable for military service

In part 4 of Art. 65 of the LC RF states that potential employees must provide a military ticket or any other documents that confirm the military duty of the applicant. This point can not 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 when he leaves, he will have to undergo an emergency service. This is a direct duty of a citizen of the Russian Federation.

This rule does not apply to women. They are not liable for military service. Therefore, no documents in this area from them will not be required. By the way, a military ticket is required even when it comes to a citizen who has already served in the army. Those discharged to the reserve are also provided with relevant papers confirming the military duty. There are no exceptions.

Education

But in part 5 of Art. 65 of the LC RF stated that, among other things, each applicant must not only confirm his identity, but also indicate the level of education. In other words, to conclude an employment contract you must present a diploma. Especially when it comes to a narrow specialty, which requires the availability of professional knowledge in a particular field.

This is quite normal. Usually a diploma and other documents that can confirm skills and abilities 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 the employer does not in principle care about the education of a citizen. This is an extremely rare phenomenon. Therefore, a diploma and various extracts about the passage of a particular training should be brought with you. Only in this way it is possible to confirm the acquired knowledge, skills and abilities.

Previous conviction

This is not all information that is important to potential employees. In Art. 65 of the LC RF states that in some situations an employee may be required to provide a certificate of the existence or absence of a criminal record for employment. You can take it either from the district police or from the Ministry of Internal Affairs.

In practice, such situations are not very common. And it is the demand for a certificate on the absence of a criminal record that the employer has the right only when, in accordance with the law, it is impossible to allow citizens with an open criminal record before any given work. It does not matter for what reasons.

In principle, the absence of this certificate is not the basis for refusing to work. The only exceptions are cases where the existence of a criminal record is in itself a hindrance to the performance of official duties. For example, to work in government structures. It follows that documents about the absence of a criminal record can be demanded, but in most cases you can do without this paper.

Prohibitions, or Everywhere your rules

On this you can finish the main list of documents that are required for employment. It should be noted that in Art. 65 of the LC RF stated: no one has the right to require any other documents from the 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 boss says that the company has its own rules, you can refuse to present certain securities. The Labor Code of the Russian Federation regulates the main list of documents. Other papers can not be demanded. And their non-submission in this case is not the basis for refusing to conclude an employment contract.

TIN

But this is not all important information. This list is valid for all professions and activities. But it can in some cases be supplemented. This does not mean that every employer, at his own discretion, is able to ask for additional papers from the future employee, not at all. Just certain positions 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 state structures, they must additionally ask him a paper confirming the registration with the tax authorities. Or, as it is also called, INN. This rule is prescribed in the Civil Service Act. So, according to the law, the requirement does not violate established rules.

Family status

The Labor Code (Article 65 of the LC RF) specifies a detailed list of documents to be submitted to the employer in order to conclude an employment contract. Most of the papers are returned to the owner after the agreement is signed. Documents are filmed copies, they are attached to the personal file of the subordinate.

Many are interested in the family situation of a citizen who starts work. Require a certificate of conclusion or dissolution of marriage, paper, confirming the presence of children and so on, no one can. 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 must confirm his / her family situation documentarily. Therefore, this requirement on the part of the employer is considered illegal. Refuse to conclude a contract is not for this reason.

Another point is the labor relationship with the pregnant woman. A woman in an "interesting" position needs to bring a certificate from a doctor. In this case, to refuse employment is not allowed. After all, under the established laws, pregnant women are recruited first. Therefore, if the employee is 100% willing to work, she must confirm the fact of an "interesting" situation.