Many entrepreneurs are tormented by the question whether the entry will be recorded in the Labor Book SP himself. You should not forget that it is this document in Russia that acts as a major confirming the experience as an employee. The book is issued regardless of who a citizen works for. Therefore, everything is clear with the staff, but the question about the owner itself, many remains. It is important to carefully sort out this topic.
Does IP lead a labor book on himself?
The code establishes that entrepreneurs may be full employers. Based on this, it can be assumed that the IP is worth writing an entry to the labor book belonging to it. In fact, the situation is much more complicated.
It is on the basis of the above-mentioned code that the status of the IP is set, which is assigned to the work of labor relations. The named legislation contains information that the entrepreneur cannot act as an employee. Such status acquires exclusively a citizen who works on the PI. To avoid responsibility to an employee, a package of relevant documents should be issued.
Trying to find an answer to the title question, it is important to take into account two facts established by the legislation:
- IP is obliged to issue labor books to employees working for him.
- The entrepreneur cannot be considered an employee in the sense that the law invests into this concept.
Based on the above judgments that directly follow from the Labor Code of the Russian Federation, it is possible to make an unequivocal conclusion. The entrepreneur should not make entries in the labor book to himself. Legislation does not provide for such a right or duty.
The records are entered exclusively in accordance with the contract concluded between the entrepreneur and adopted by an employee. At the same time, I cannot sign a similar agreement with you. It turns out that the entrepreneur is not entitled to arrange the book itself.
Many do not understand: since the book acts as a major document on labor activity, how is the experience taken into account when it is absent? The answer to this question gives the pension legislation of the Russian Federation.
It clearly found that the period during which a citizen is engaged in entrepreneurship is taken into account when calculating the experience. It turns out that for the IP document, which confirms the experience, becomes a certificate issued under state registration.
The issue of calculating the length of the experience worries primarily those who think about pensions in the Russian Federation. The entrepreneur has the right to pay from the state when reached the relevant age. However, there is one thing - to get a pension of the IP must first accumulate it.
To this end, you will have to do the following deductions:
- Fixed insurance premiums in the pension fund for themselves. The size of such payments must be clarified annually. The legislatively established value of fixed contributions varies periodically.
- The Russian Pension Fund will have to make deductions for each employee of the entrepreneur. At the same time, the amount of contributions is determined by the amount of payment for the work and premiums.
IP must remember that he has the right to refuse to pay the fixed amounts. However, after that, he will not be able to qualify for a pension.
Few is the IP immediately when the workable age is reached. Most Russians are first arranged in any company for hiring. Naturally, in the course of employment, the employer is drawn up by the appropriate entry in the employment record. Subsequently, this citizen can become an entrepreneur. At this point, there is a problem how the experience will be calculated. In practice, the inverse situations happen - IP decides to stop doing the business belonging to him and get a job. The experience in both of the situations described is confirmed by two documents - this is a labor book and a certificate of registration as an entrepreneur.
Upon reaching the age, the IP should go to the Pension Fund to obtain a certificate confirming that he made contributions that are established by law.
This document will also reflect the experience of a citizen as an entrepreneur. In accordance with the certificate of aggregate with the book, the overall duration of the period of activity is calculated.
The law provides for the obligation of an entrepreneur to execute labor books for its employees working for his hire. The only condition in which the record is not necessary is necessary - in case of acceptance for temporary operation.
When making an employee to SP to work, which is the main, new employee needs to record. The law allows this not immediately, but five days after the entry into office.
It is important to clearly observe the order of filling out the workbook.
The main rules are the following:
- The name of the employer should be indicated completely. That is why it is not allowed to reduce the organizational and legal form to the abbreviation. That is, you should write entirely - an individual entrepreneur.
- If the employment is carried out for the first time, a new employer is obliged to start a labor book. An employee must acquire a form independently at his own expense or agree to keep its value from wages. When making a new employment book, it is important to correctly fill the title page. This is indicated here by employee data on the basis of a passport or another document confirming personality. Education information is indicated in accordance with the diploma.
- The records use exclusively Arabic numbers to specify dates.
- When dismissal, in addition to the reason, it is necessary to specify links to the article TC.
- Each entry must have a corresponding sequence number.
- Mandatory indicates the name of the post on which the employee adopted. This is done in accordance with the staffing schedule. If transfer to another position is carried out, it is also reflected in the document under consideration.
The entrepreneur is obliged to follow all the rules for filling out the employment record. We do the emphasis on the fact that the violation of the norms of legislation leads to a sentence in accordance with Russian legislation.
The entrepreneur must know how to make a record in the labor book.
It is important to comply with common rules for all, but also know some features:
The entrepreneur should also know that the workbook does not make records of disciplinary recovery. The only exception is dismissal at your own desire, but because of serious misconduct. Information about the reason for termination of the contract and information about awarding should be reflected in the employment record.
The entrepreneur may encounter a situation where the employee refuses to provide his own labor book that he has conducted earlier. Refusal in such a situation from employment record may face a fine. At the same time, the new labor book would be illegally.
An entrepreneur in such a situation must compile an appropriate act. It is important to attract two witnesses, which will agree in writing to confirm the right of the entrepreneur. The act should indicate that the worker refused to provide an employment record. If the employee called the reason, it should also be reflected in the document component. In cases where an employee without an indication of the base refused to provide an employment record, it is also indicated in the act.
It is important to clearly comply with all the features of making entries on employment. If the entrepreneur does not comply with the legislation, he faces responsibility. At least they will have to pay fines.
The entrepreneur should not enter the employment record to himself. The experience is determined on the basis of registration certificate. At the same time, it is obliged to execute this document to employees on hiring on IP. It is important to comply with a number of rules for filling the employment record. If you violate the legislation, the entrepreneur may take serious responsibility.
Good day! In my group in VK " Secrets of business for beginner "Quite often come questions from entrepreneurs as to how it is properly to arrange a person to work, how to conclude with a person and how the IP correctly fill out an employee's labor book. That is why I decided to disassemble this question in more detail and write an article.
After filling, the labor entrepreneur must prepare and stand on (social insurance fund), as well as register as an employer in the FSS.
How does IP fill in the labor book for himself?
This issue is quite popular and it is asked with enviable periodicity. I want to disappoint you, the fact is that the IP has no right to fill out the labor book for himself, as it cannot consist of himself in labor relations.
In fact, it turns out that the IP is not working, but entrepreneurial. And just due to the fact that only records about labor activity are made to the employment record, and not about the entrepreneurial recording can not be done.
Confirmation of his entrepreneurial activity at the IP is evidence of OGRNIP.
Despite the lack of work experience in the PI, when calculating the pension, his entrepreneurial experience is taken, because he pays all the same to the state. Moreover, in recent years, this amount is not so small.
How to issue an employment book for an employee
Here it is already quite another thing. With his employee IP is just in labor relations and concludes an employment contract with him.
Registration of the employment record for its employee produces on the general basis, as IP is a full-fledged employer.
An entry in the labor book of an employee IP should make 5 days after it works out.
If the employee has not worked anywhere before, then the new workbook is started in which the first record is made (a new labor worker must acquire at its own expense).
Filling out the workbook of your employee an entrepreneur can produce independently (in case IP is large and many employees, a special person is allocated for such purposes).
The employment record is made only an employee who settled up to the IP on the main place of work. If the place of work is part-time, then there should be no IP record.
How to fill out an employment worker
Let's wonder what we need to fill out this document:
- A pen. The handle should be a water-resistant color. Ordinary ballpoint handles are just like that. The color of the handle should be: blue, black or purple.
- Print. For entrepreneurs who did not make our advice to the print: Be sure to start working with official documents.
- . This order should be made by the IP itself.
Having everything listed above can be started to fill out the labor book.
The employment book has four graphs:
- Serial number;
- Date of completion;
- The name of the organization, as well as the position of which the employee is accepted;
- The name of the document on the basis of which is being recorded.
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You can see the process of filling in the book at the end of this article in the applied video.
That's all! Good business!
An individual entrepreneur is a full-fledged economic entity leading economic activities in order to profit. In addition to independent work, IP has the right to attract and hired employees. Are there any differences in the order of registration of employees, and is it necessary to fix the IP record in the employment record yourself?
Registration of labor relations entrepreneur and workers
The Labor Code provides that individual entrepreneurs can act as employers. Expansion of business requires the involvement of additional labor. Reception of employees is common practice.
Considering that the obligations of the entrepreneur, as an employer, are practically no different from the actions of legal entities, IP needs to be prepared and to some material costs in connection with this fact. In addition to paying wages, a prerequisite is submitted for employees of insurance premiums to extrabudgetary funds, tax retention.
In order to charge insurance premiums with the amount of calculated wages, it will be necessary to obtain registration numbers in the FSS. Previously, the entrepreneur needed the presence of 2 registration numbers in the PF: for itself personally and at employees. Due to the fact that the administration of payments in the pension since 2017 began to be carried out by tax services, such a necessity disappeared. One of the registration number received by the entrepreneur at the beginning of the activity.
Working in the Labor Pip
Acceptance of employees with an individual entrepreneur is carried out by general rules. IP has the same rights and obligations as legal entities. Entrepreneurs can establish a trial period, demand from workers to fulfill their functions under an employment contract.
The list of documents that should be requested from workers in the design of labor relations, the following:
- passport of the Russian Federation or other identity document;
- sNILS number;
- medical book (with legislative requirements);
- military ID;
- employment history.
Is the work of the Labor Law on the Labor IP obligatory? Yes, the provisions of the Labor Code of the Russian Federation require making appropriate employment records if the employee worked over 5 days.
How to record an IP in the workbook Fact the work of an employee? It should also be guided by the rules on labor books established by the Decree of the Government of the Russian Federation 16.04.2003 No. 225. The entrepreneur will need to specify:
- the name of the employer;
- date of operation;
- details of the document - grounds;
- position occupied by an employee.
With the initial employment of the employee, the entrepreneur is obliged to independently start the workbook.
It should be remembered that regardless of whether a workbook is needed or an employee works part-time, there is a need for an employment contract.
Do I need to make an entrepreneur personally in person
If there are employees, labor relations are required for all the rules of the Labor Code of the Russian Federation. But if the activity is carried out on their own, do I need to make an entry in the workbook yourself?
Legally such a possibility is not provided. The entrepreneur may have the status of an employer, but it will not work unilateral labor relations.
Nevertheless, IP experience is counted on general reasons, including for future pension provision. A document confirming the fact of work is a certificate of state registration.
According to the TK RF, entrepreneurs, as employers, carry a duty to document relations with employees. After the onset of its own business, many required a sample of filling out an IP labor book to correctly reflect the information about the employees hired. In case of violation of the regulatory rules, the initiators threatens administrative punishment under Art. 5.27 Administrative Code.
Responsibility of IP to fill the employment record
According to Art. 66 TK RF, the employer starts the labor and insert to her for each employee who works for him more than 5 days. The law requires written design of employment contracts and contracts.
An individual entrepreneur introduces information about the reception and dismissal into documents. This is registered including the rules approved by the Government Decree of 16.04.2003 No. 225 and the instructions approved by the Decree of the Ministry of Labor of 10.10.2003 No. 69, where the legislator leads samples of labor books and the procedure for making personnel.
Do I need to fill out the workbook on yourself
A businessman does not fill the Labor Book of the IP for himself, as the document is not intended to fix information on commercial activities. Make sure the fact of the availability of employment allows the testimony of OGRNIP.
Labor experience of the entrepreneur is taken into account on the basis of contributions to the FIU. The beginning and the end of the commercial activity correspond to the date of setting and withdrawing from accounting in the FTS of the Russian Federation. To confirm the spent experience of the face, a certificate of payments committed during their stay in the status of an entrepreneur is obtained in the FIU.
How to fill the labor for the employee
For each citizen who was accepted on the main work under the contract, the employment record is filling out. IP, E.if the employee arrives at work for the first time, draws up the document and makes the first record within 7 days from the date of reception. For part-time reception records are not made.
The management of labor entrepreneur deals independently or hires a personnel specialist for these purposes. To correctly reflect information in the document, you will need:
- Color-waterproof handle with blue, black or purple ink.
- Printing an entrepreneur (if available).
- The order of acceptance to work.
A sample of filling out an employment record, including IP, can be found here.
On the turn, labor contains 4 graphs: the sequence number, the filing date made by the employee information, the name of the document that served as the basis for the execution of the record.
What records can be made
The book contains information from the name, date of birth, education, profession, specialty of a citizen. The data is made according to the passport and document documents.
The employer notes information on the reception, work performed, translations, awarding, termination of the contract. Information about superimposed penalties indicate only if they serve as a reason for dismissal.
With the appearance of a new employee, you must reflect the recording number in order, the reception date, the position and reason to start labor relations (order, order). When terminating the contract, the PI indicates the date, reason and reason for dismissal with the wording from the Labor Code of the Russian Federation, - by agreement of the parties, at their own will, etc. Requireors are recorded by the details of the order and the signature of the employee.
Filling rules work
All information is submitted to a document without abbreviations within the relevant sections. The employer introduces an employee with every introduction record under the painting. Entries from labor repeated in the personal card.
If errors are detected in the fixation document performed:
- That employer, whom they allowed.
- The new employer on the basis of an official document issued by the inaccuracy of the person.
You can change the erroneous records by recognizing them invalid (literally, the phrase "record is invalid", without forgetting the signature of the responsible person) and the instructions of the correct data.
Can IP in 2018 make an entry into the workbook itself?
An individual entrepreneur (hereinafter referred to as IP) is an independent entity of entrepreneurial activities, while he can do this activity as himself and with the involvement of other persons (under an employment contract or on the basis of civil-law agreements).
The Labor Code of the Russian Federation (hereinafter referred to as the TC RF) directly indicates that IP can be employers (Article 20). Along with this, the law does not provide for cases when IP issues labor relations with himself - in this situation it turns out that the subjects acting as an employer and employee coincide in one person. Thus, the IP himself does not start the workbook and marks in it that it works himself, does not contribute.
However, even without a work record, the insurance experience of such an economic entity is calculated from the moment of registration of it as a PI and until the exclusion from the EGRIP was excluded, provided that insurance premiums were paid for the relevant periods. 7 of the Law "On Compulsory Pension Insurance In the Russian Federation "dated December 15, 2001 No. 167-FZ, sub." A "of paragraph 2 of the rules for calculating and confirming the insurance experience, approved. Decree of the Government of the Russian Federation of 02.10.2014 No. 1015). More information on this topic, the reader will be able to find in the article.
Sample workbook filling with an individual entrepreneur
An entry in the employment record of the employee of the IP makes the same rules as other categories of persons who according to the law can act as an employer. In this case, the IP should be guided by the following regulatory acts:
- TK RF;
- Instructions for filling in labor books, approved. Resolution of the Ministry of Labor of Russia of 10.10.2003 No. 69 (hereinafter referred to as Instruction No. 69);
- Rules for maintaining and storage ..., approved. Decree of the Government of the Russian Federation of 16.04.2003 No. 225 (hereinafter referred to as Regulation No. 225).
There are no separate recommendations on how to issue entries in the Labor Staff Employees, therefore those rules for filling the labor, which are obliged to observe employers - legal entities, fully apply to IP.
For example:
- In column 3 of the section "Work information", the full and abbreviated (if any) of the employer name is indicated (clause 3.1 of Instructions No. 69). In this case, for example, the "Individual entrepreneur Ivanov Ivan Ivanovich" - and the form of organization of activity, and FI. IP are made without abbreviations.
- In the established cases, entry in the employment record must be certified by the employer's seal if it is presented (for example, paragraphs. 2.2, 2.3, and others. Rules No. 225). Considering that the IP may not be printing, all marks in employment records in appropriate cases are certified by the signature of the IP or an authorized person.
So, IP cannot make himself a record in the labor book - this is not provided for by law. But individuals working at the labor contract, the entrepreneur is obliged to make appropriate entries in their employment records under the general rules stipulated by law.
