Looking through messages on forums and all kinds of blacklists on social networks, every now and then I come across a post that seems to be written as a carbon copy: “if the employer does not formalize it, tell me what to do?” Unfortunately, this is not spam, but real pain specific people whose rights are violated. How to act in such cases and where to look for justice?

You can't argue with the Labor Code

IN Labor Code The provisions governing the terms of concluding contracts and official employment of employees are clearly spelled out.

We read article 67 and find out that in three days from the moment the employee “takes up his post”, he is required to sign all official papers. If this does not happen, it is worth demonstrating to the HR department your knowledge of the law and reminding you of the need for registration. Couldn't you resolve the issue peacefully? Where to complain if the employer does not formalize it, despite the promises made? All paths lead to the Labor Inspectorate.

On a note! When contacting the Labor Inspectorate it is worth insisting on anonymity. Perhaps this will eliminate problems at the new place after the inspection by inspectors.

Some employers think that the absence of a piece of paper with text or the absence of a signature on it relieves them of responsibility. There seems to be no documentary evidence of hiring?! How wrong they are. In the same article 67 we find the provision that if a person began his duties by decision of management (company representative) or notified the employer about the start of his work, then official employment actually occurred.

Why don't they want to register?

The answer to the question of why the employer does not formalize it lies on the surface. As soon as a document appears (a copy of it must be given to the employee) and an entry in the labor record, headaches in the form of additional expenses are added:

it is necessary to pay a monthly salary and make contributions to insurance, pension and tax;

pay sick leave or maternity leave;

provide leave (and look for a replacement for this period) or pay compensation.

On a note! A new entry in the employment record must appear no later than 5 days from the actual start of work.

An established employee cannot be kicked out of the door without explaining the reason, because today few people will tolerate illegal dismissal. By the way, if you are shown the door after at least 3 days of work, you can safely go to court. The main thing is to have evidence that you have worked. You can use them as:

any information or documents to which you had access during the course of your employment;

testimony of colleagues (usually two people are enough for the court to side with the illegally dismissed person).

We are not talking now about cases where delays occur due to the fault of an employee, for example, he did not bring documents, or due to reluctance to take on a “pig in a poke.” In the latter case, by the way, those who promise to formalize after probationary period breaking the law again.

The trial cannot last more than 3 months.

Its completion must be mentioned in the employment contract.

Before the start (!) of the probationary period, it must be formalized (indicating the amount of remuneration). Only in this case can you start working.

About salary and sick leave

Many people are concerned about how to collect their salary if it is not officially registered? Unfortunately, in this case, you can only get your honestly earned money through the court, proving both the fact of employment and the amount of earnings.

Legal proceedings will be required to be paid sick leave if not formalized, and payments of any benefits and compensation have been issued.

What threatens an unscrupulous employer?

For violation of the law, the employer will be held liable - administratively or even criminally - and this can also be correctly reminded when trying to resolve issues peacefully.

For violation of the Labor Code under Article 5.27 of the Code of Administrative Offences, the fines are:

For officials– 1000-5000 rub.;

for individual entrepreneurs - a fine in the same amount can be replaced by a ban on carrying out activities for 90 days;

for legal entities – 30,000-50,000 rubles. (or a ban on activities for 90 days).

On a note! If your complaint is not the first, then the manager will be banned from holding a leadership position for 3 years.

But for non-payment of taxes, which are required to be deducted from employee salaries, the punishment is more severe - up to 2 years in prison.

Where to look for protection?

If they don’t officially register for a job, then where to go?

To begin with, it is worth talking with the employer, using arguments as references to articles of legislation. Jokes and jokes can remind you of responsibility. If the interlocutor does not heed the voice of reason, then all that remains is to seek protection on the side.

The main guardian of fairness in employee-employer relations is the Labor Inspectorate. You can contact it either orally (an anonymous call to the services for citizens' complaints) or in writing, and it is proposed to send a complaint today online on the official website. There you can also study the list of unscrupulous employers to save your nerves. Based on your message, a check will be carried out, which will certainly produce results.

On a note! You can also initiate a tax audit by complaining to the Federal Tax Service. Tax officials really don’t like those who underpay taxes, and employers are very afraid of tax sanctions.

The court remains the last resort. You will have to write a statement of claim and collect evidence of your own employment. Instead of an employment contract, which is usually used, a pass for workplace, or any papers issued to you by the accounting department as an employee. The witnesses named in the claim will be required to attend the hearing, regardless of their will, and give truthful testimony.

What points should you be wary of?

It is unlikely that there will be employers who will say in plain text that, in fact, they are not going to hire you. Most likely, one of the tricks will be used to obtain, albeit for a short period, free labor.

If you hear the following phrases, think a hundred times about whether to hire for a vacant position.

The director cannot sign the contract because he is sick, on vacation, etc.

Rewrite the application submitted 3 days ago without errors, but put the date today.

Today it’s impossible to get it done, since the accounting department is very busy (filing reports, auditing, etc.).

Often, employees themselves give a free hand to dishonest employers. Some naively believe the promises, others ignore negative reviews, and others simply do not know about the rights. Before hiring, soberly weigh the pros and cons, and even if the work is very necessary, do not rush to become someone who is ready to work for free.

When opening almost any small and even medium-sized business, the most optimal organizational and legal form is an individual entrepreneur. It can operate under different taxation regimes, including simplified systems. Also, in the absence of employees, individual entrepreneurs can even reduce tax deductions at the expense of insurance premiums paid for themselves. However, if there are officially employed workers, there is a need to pay taxes in full, as well as pay contributions for employees. That is why many entrepreneurs offer many potential employees the opportunity to get a job without official registration.

However, if such a violation is discovered by special inspection bodies, this will lead to a fine being imposed for an unregistered individual entrepreneur, which is considered quite significant.

In accordance with Russian legislation, any company or individual entrepreneur that needs hired workers must register them in accordance with the Labor Code. Lack of registration is an offense for which certain penalties are provided.

Registration first of all consists in the fact that an employment contract is drawn up between the individual entrepreneur and the employee, acting as documentary evidence official registration. This document contains the most important information about both the employee and the entrepreneur. It also contains a lot of other necessary data, and this includes the position that the employee will occupy, his wage and responsibilities. This document must be signed by both parties, otherwise it will not have any legal force.

An employment contract is drawn up in two copies, each of which is handed over to the parties. If an employee carries out activities at individual entrepreneur without drawing up this document, this is a violation, therefore the inspection authorities impose a fine for an unregistered employee for an individual entrepreneur. In addition to administrative punishment for such an offense, even criminal liability is assumed in certain cases, so this issue should be taken seriously and responsibly.

When is it permissible not to register an employee?

One exceptional case can be identified when an entrepreneur is allowed not to register an employee in his business. This includes work that is performed by a specific hired person for a short period of time, which does not exceed three days. In this case, registration is not mandatory, and it will not be a violation of the law. However, if after three days the person still continues to work for the entrepreneur, then he must formalize it officially by concluding an agreement.

What liability is provided for individuals

If an individual entrepreneur, who acts as individual, a person carries out an activity, and at the same time it is not formalized, then a certain responsibility is assumed for his employer. This primarily includes the fine for an unregistered worker in 2018.

Many people who register as individual entrepreneurs think that they may not officially register all the people who will work for them. However, this is wrong, since even an individual entrepreneur is assumed to be liable in this case. How does the registration process work? It consists of several sequential actions:

• Initially, an agreement is concluded with all hired workers;
• further, it is important to report this fact to the employment service, and for this it is necessary to send to this institution a copy of the employment contract with each hired worker;
• The contract is drawn up in three copies, and the information in each must be exactly the same.

It is important to conclude an employment contract within three days from the moment the employee actually begins his activities in the company. The fact is that depending on what date is specified in the contract, the employee’s length of service is determined, the beginning of the transfer of insurance contributions for him to the Pension Fund, and this also includes the specifics of paying taxes and receiving wages. If the contract is drawn up when the employee has already worked for the entrepreneur for quite a long time, then all previous work time will not be taken into account in the length of service, and taxes and pension payments will not be deducted for the worker. Therefore, failure to register an employee is a serious and significant violation, for which punishment is expected for both individual entrepreneurs and legal entities.

Responsibility may consist not only in imposing a fine on the individual entrepreneur, but also in other penalties. These include the fact that the activities of the enterprise can be temporarily suspended, and often for quite a long time. This is assumed for those violations that are minor, as a result of which unregistered workers carried out activities for an individual entrepreneur for a short time. However, if a fact is discovered in which certain employees of the entrepreneur worked unofficially for a very long time, then this is considered a significant violation of the law. In this case, penalties may be more severe. This includes a fine, the amount of which will be significant. Additionally, this fact will be proof that taxes were not paid for employees, and if they are in a very large amount, then the individual entrepreneur can be punished even in accordance with the Criminal Code of the Russian Federation. It is even possible to receive a real prison sentence, with an additional fine to be paid and compensation for damage caused by the state.

Thus, administrative liability consists of the following penalties:

1. a fine, the amount of which varies from 1 to 5 thousand rubles;
2. temporary suspension of the company's activities for a period not exceeding three months.

Criminal liability involves the application of the following types of punishment:

1. a fine, the amount of which varies from 100 to 300 thousand rubles;
2. imprisonment, which may be suspended or real, and the term cannot exceed two years;
3. covering all damage caused to the state budget.

If, in the event of significant violations, the entrepreneur is not given a real or suspended prison sentence, then another punishment may be applied. This may include a ban on future performance entrepreneurial activity or a ban on working in a specific area of ​​activity in which the violation was discovered.

Thus, every person who plans to register as an individual entrepreneur, as well as existing individual entrepreneurs, must remember that they must hire workers only with official employment. If this is not done, and this violation is detected by the inspection authorities, then significant and severe penalties cannot be avoided.

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Official registration of labor relations is the responsibility of the employer. According to Art. 67 of the Labor Code, the period for concluding an employment contract is 3 days from the moment a person is admitted to work. Ignoring these norms, many employers still prefer to work without an employment contract.

Pros and cons for the employer

Without drawing up an employment contract with an employee, the employer pursues a certain benefit for himself. It could be as follows:

• The possibility of not providing the employee with normal and safe conditions labor, because Labor Code norms in this area do not apply to it.
• There is no need to make tax deductions for the employee, which significantly reduces the employer’s expenses.
• Right to terminate at any time labor Relations with the employee, without complying with the guarantees provided by the Labor Code for certain categories of employees (notification of dismissal, payment of severance pay, restriction of dismissal of pregnant women, persons of pre-retirement age, etc.).
• Lack of specific deadlines for payment of wages, as well as their amounts.

The only disadvantage of employment without registration for the employer is the liability provided by law.

Employer's liability

An employer's responsibility for the work of its employees without an employment contract can be divided into 3 types:

Some facts

1. Tax office. When officially employed, the employer must make contributions to social funds, health insurance, accident insurance, as well as to the pension fund in a total amount of about 34% of the employee’s salary.
   The purpose of these contributions is to cover periods of employee incapacity. Without concluding an employment contract, the employer deprives his employee of the opportunity to count on payments in case of illness and retirement, and spends the money on increasing his own profits.
   In this regard, Article 123 of the Tax Code obliges an employer who violates the rights of employees not only to fully reimburse unpaid contributions, but also to pay a fine of 20% of them.
2. Administrative. Art. 5.27 of the Code of Administrative Offenses provides for an employer who has allowed a person to work, but has not formalized an employment relationship with him accordingly, to be punished with a fine of 10 to 20 thousand rubles. An employment contract concluded in accordance with the Civil Code is also considered work without registration, although in fact the person performs duties in the organization regulated by the Labor Code. For this, Article 5.27 of the Code of Administrative Offenses provides for a fine of 10 to 20 thousand for officials and from 50 to 100 thousand for legal entities.
3. Criminal. If the amount of underpaid taxes and fees falls under the concepts of large or especially large amounts, the employer will be prosecuted under Art. 199.1 CC. This crime may be punishable by a fine of up to 500 thousand rubles, arrest or imprisonment of up to 5 years.

When registering an employee, the employer must prepare the following documents: 1) issue an employment order; 2) make an entry in the work book; 3) provide a job description in accordance with staffing table. In addition, the head of the company must familiarize the new employee with all local acts that regulate the labor activities of the enterprise and employee. When reviewing the documents, the employee’s signature is affixed.

Pros and cons for the employee

The benefits of working without registration are as follows:

Interesting information

When an employee contacts the labor inspectorate, an inspection of the enterprise’s activities can be carried out, including the legality of hiring an employee, as well as compliance with the rights and guarantees of the employee during the performance of work duties and the procedure for dismissal. However, the labor inspectorate does not have much power and can only record a violation and issue an order to eliminate it within a certain period of time and issue a fine.

• Receiving a higher salary. This is achieved due to the fact that the employer hands over to the employee part of the tax deductions that he does not pay due to the lack of official employment. In addition, the employee can work more hours, than is provided for by labor legislation, for which the employer will make an additional payment.
• Work without documents. An employee who does not enter into an employment contract, without official employment, does not need to provide the employer with documents on education, health, etc. Many Foreign citizens work unofficially so as not to receive the appropriate permits from the FMS.
• The employee is not subject to additional obligations in the form of compensation financial liability to the employer, maintaining trade secrets, notifying the employer of the desire to resign, etc.
  However, the advantages of working without a contract do not outweigh Negative consequences such employment.
• The guarantees provided by the Labor Code are not observed: paid leave and sick leave, compliance with working hours and work breaks, provision of social leave, ensuring safety in the workplace, etc.
• Uncertainty about wages. Due to the fact that there are no documents confirming the agreed amount of wages, the employer can, at his own discretion, change its size and payment procedure.
• Lack of work experience. All the time of unofficial work is not included in either the general work experience or the special one (for example, if a person works for Far North), therefore, upon reaching retirement age, such an employee will remain without government payments.
• Uncertainty about work deadlines. You can work without an employment contract as long as the employer is interested in the employee. At any time, he can terminate the employment relationship with a person, while the employee will be left without severance pay and without guarantees of priority retention in the workplace, which the Labor Code provides for certain categories of citizens (disabled people, pregnant women, single parents, etc.)

The employer’s refusal to formalize the relationship should alert the employee from the first days of work. If the employer claims that he is hiring a person for a probationary period and therefore does not see the need to conclude an agreement, the employee risks being left without work and without employment at the end of the “probationary period.” Money.

In the process of work without registration, management can increase working hours beyond the established norm, involve the employee in performing duties even on a weekend or at night, without worrying about the existing guarantees specified in Articles 152-154 of the Labor Code of the Russian Federation.

What to do if the employer does not enter into an employment contract

The legislation provides for 2 options for official labor relations: fixed-term and indefinite; the employer himself determines which agreement to conclude with the employee. Working without registration is risky for an employee, but if such a situation occurs, there are several solutions:

• Insist on concluding an employment contract;
• Resign from the organization;
• Continue working informally, simultaneously collecting documents with which you can prove the fact of an employment relationship.

The fact is that the law protects workers who work without registration from the arbitrariness of employers, who can not only kick out the employee at any time, but also not pay him wages.

Yes, Art. 67 of the Labor Code states that the admission by the employer or his authorized person of an employee to perform labor responsibilities is equivalent to concluding an employment contract, despite the fact that in reality it may not be formalized. That is, an employee without official employment can go to court for reinstatement at work and payment of wages, but for this he needs to prove to the court the fact of an employment relationship.

In the video below, a lawyer talks about the features of working without registration

Evidence of work without registration

As evidence, an employee can use the testimony of people who worked with him, as well as written documents:

• Personal medical record of the employee, if he underwent monthly examinations with the employer;
• Bank statement confirming monthly transfers of funds as wages;
• Waybills for drivers;
• Power of attorney to perform any actions on behalf of the organization;
• Written or electronic invitation to work;
• Other documents containing the employee’s signature or his last name.

If the court recognizes the fact of work without drawing up an employment contract, the employer will have to reinstate the employee at work and pay the arrears of wages. However, the time of such work will still not be taken into account in the length of service for assigning a pension.

Ask questions in the comments to the article and get an expert answer

Any entrepreneur or legal entity that uses hired labor is obliged to take care of the correct and timely registration of its employees in accordance with the current Labor Code. Using the labor of other people without proper official registration is a major violation and even a crime, since it damages the rights of the employee himself, as well as the state.

• What threatens an entrepreneur who decides not to pay due taxes and deductions for his employees?
• What will be the liability of a legal entity whose company’s employees signed an employment contract much later than they began their activities?
• How can this violation be detected and on what basis is punishment imposed?

Reasons for introducing liability for violation of employee registration

Any work must be formalized, be it the establishment of labor relations with a hired worker of an individual entrepreneur, with an employee of an LLC, a state-owned enterprise, or a company. What are the dangers of neglecting these responsibilities?

Unregistered workers, receiving wages “in envelopes”, doom themselves to such possible consequences such relations with the employer:

• they are not protected from the arbitrariness of the manager in the event of illegal dismissal, delay or cancellation of vacation, untimely payments, etc.;
• are deprived of state support in the insurance sector;
• they lose in length of service and contributions to the Pension Fund, and therefore in their future pension.

The damage to the state is the arrears of a significant amount of taxes and fund contributions.

Such serious negative consequences led to serious attitude to such offenses on the part of regulatory authorities. The employer's responsibility for unregistered employees has been tightened.

So that there are no problems

To avoid many troubles, which we will talk about below, you need to formalize your employment relationship on time and correctly. In order for an employee to be officially hired, the employer must:

• conclude an employment contract with him;
• be registered with the Pension Fund of Russia and the Social Insurance Fund and submit relevant reports there on time;
• document the personnel procedure: application from the person being hired, enrollment order, registration of a personal card, entry in the labor record, signature in acquaintance with job description and so on.

The main evidence of the formalization of the “employee-employer” relationship is an employment contract with the signatures of both parties. When applying for a job, it must be drawn up and signed in 3 identical copies: for the employee, for the employer and for submission to the Employment Service. The contract must indicate:

• full name of the person being hired;
• employer details;
• the position for which the employee is applying (must correspond to the qualification list);
• handwritten signatures of the employer and employee.

An incorrectly drawn up employment contract is already a reason for a fine, and its absence can lead to more serious liability.

IMPORTANT INFORMATION! The law allows no more than three days to register an employee; further delays are considered a violation punishable by a fine.

Two types of responsibility

Individuals and legal entities, using the labor of hired employees, are differently responsible for their registration before the state.

It often happens that individual entrepreneurs ignore employment contracts, which does not relieve them of responsibility if this fact is established, especially against the backdrop of tightened control. Legal entities violations and delays in registration are more common. Both of them face very serious, albeit different, penalties for such violations.

Let's consider the forms of liability depending on the type of employer.

What threatens the “thrifty” individual entrepreneur

If a private entrepreneur does not do all the work himself, but hires other people, he must comply with the requirements of the Labor Code of the Russian Federation. It is quite understandable to want to save on taxes and deductions; you don’t want to waste time and effort on official registration. However, if illegal employees are identified, the individual entrepreneur may receive such troubles and financial losses that no savings on payments can compare with them.

If an employee has worked for hire for 3 or more days, and no contract has been concluded with him, this will delay the start date of tax collection and the counting of the length of service, which means damage will occur. The later the employee is registered, the higher the damage. Depending on the time of delay and the number of such employees, liability may be administrative or criminal.

Provides:

• imposition of a fine in the amount of 1-5 thousand rubles. for each employee;
• forced suspension of the organization’s work for up to 90 days.

Significant violation of registration deadlines, lack of employment contracts large quantity working means that the amount of taxes and deductions not received by the state turns out to be very significant. Such a violation requires more serious liability, especially if the perpetrator is unable to pay damages. When the violation is not under an administrative, but under a criminal article, the amount of fines and types of sanctions are different.

Threatens:

• a fine in the amount of 100-300 thousand rubles;
• imprisonment (real, not suspended) for up to 2 years;
• After serving time in prison, the entrepreneur will never again be able to engage in business in the area where he committed this offense.

FOR YOUR INFORMATION! Any type of liability obliges the violator to first compensate the treasury for losses caused in the form of unpaid taxes and fees, and then be punished by a fine.

How will a legal entity be responsible for errors in employee registration?

At enterprises of this form of ownership, the persons responsible for hiring and registering employees are the director and personnel department employees.

If the violation is minor and consists only of a relatively small delay or inaccuracies in registration, and also if we're talking about about 1-2 employees, the fine will be issued not to the responsible persons personally, but to the enterprise. The amounts are significant - from 100 thousand rubles. for each incorrectly or lately registered employee.

If such offenses are detected repeatedly, and their scale is significant, we are talking about particularly large amounts of damage. In addition to a fine for the enterprise, the perpetrators will be punished personally: HR department employees are dismissed under the appropriate article (without severance pay), and the director can spend a long time on public works or “in places not so remote.” The punishment is determined depending on the degree of damage.

How “illegal” employees can be caught

To establish and suppress facts of offenses in labor legislation, there are regulatory authorities. There are quite a lot of them, but the most common “headache” that has direct relation The rights of employees include tax and labor inspections. The legislative system of inspections is based on Federal Law No. 294, and the tax office inspects enterprises in accordance with Chapter 14 of the Tax Code of the Russian Federation. Both of them can catch “illegals.”

Tax passions

The fact of a violation can be revealed as a result of a desk (upon submission of reports) or an on-site (in-depth and thorough) inspection. Tax authorities have the right to study in detail this year activities and the previous 3, while they are legally allowed to interview witnesses, inspect premises, seize documents, etc.

IMPORTANT! The employer must review the inspection permit and the inspectors' credentials.

Based on the results of the inspection, a special certificate indicates its subject and timing. Based on the certificate, a report is drawn up with the identified violations and instructions for their elimination, for which the employer has 2 weeks.

Protecting the right to work

The labor inspectorate can visit any organization during a scheduled inspection. An unscheduled “invasion” of inspectors can be provoked by a complaint from an offended employee or a disgruntled competitor. A joint inspection raid with other control bodies is also possible.

The labor inspectorate draws up a protocol with the following information:

• Full name of the inspector;
• identified violations;
• recommendations for elimination.

The protocol is the basis for imposing a fine or for going to court to determine the extent of criminal liability.

The regulatory authorities have in their arsenal various ways force the culprit to bear responsibility - from blocking bank accounts to suspending the activities of an enterprise by a court verdict.

Employment can be official or unofficial. Each of these options has its pros and cons. The employee chooses the conditions based on his capabilities, experience and worldview.

For many people, working without registration is not only normal, but also more preferable than concluding a contract with an employer.

What does it mean?

Informal employment is a type of relationship between an employee and an employer, which represents work activity without a formal contract. There is no such concept in the Labor Code of the Russian Federation. According to the law, during hiring, the employer is required to draw up a document describing all the conditions for future activities.

During unofficial reception, the worker does not sign any documents, is not included in the payroll of the enterprise, and no entry is made in the work book. That is, the period of such work is not counted towards the length of service.

How is it beneficial for the employer and employee?

Such relationships are to some extent beneficial to both the employee and the employer. That's why they are so popular.

Pros for the employer:

• You won't have to pay. The obligation to transfer insurance amounts to extra-budgetary funds is assigned to employers. Therefore, the main reason why enterprises prefer not to formalize a relationship with an applicant is the opportunity to save money.
• The hiring and dismissal of personnel is not accompanied by lengthy procedures established by law. If an organization decides that it no longer needs the services of a person, then the parties can terminate the employment relationship at any time. In this case, you will not have to wait for a set deadline, send notices of layoffs, pay certain compensation, etc.
• An employer can find a person for urgent work. For example, in the event of illness of a main employee, the employer finds an employee to temporarily perform certain duties.
• You won't have to pay for downtime. According to the Labor Code of the Russian Federation, if a worker cannot carry out activities for reasons beyond his control, for example, due to equipment breakdown, the enterprise is obliged to pay for this time. If an agreement has not been concluded with him, these amounts do not need to be transferred.
• There is no need to maintain personnel document flow. The absence of official registration allows the company not to burden itself with drawing up certain reports, filling out work books, personal files and other things.
• You can not pay wages, vacation pay, or violate the law. Sometimes unscrupulous employers specifically look for workers who agree to such conditions in order to obtain the necessary services from them without paying the agreed amount. Some practice a ban on providing employees with paid non-working time, most often this happens with educational leave and sick leave. Since a person does not formally have any rights, complain to government bodies he can not.

There are also some benefits for the employee:

• Higher wages. In this case, the employer does not charge personal income tax or pay contributions to extra-budgetary funds, so he gets the opportunity to set a salary level that will be beneficial not only to him, but also to the employee.
• Limited legal liability. If a person is not officially registered, he does not bear any responsibility for material damage. This fact is the biggest advantage in this type of work.
• Possibility to avoid payments under writs of execution. Officially, a person is unemployed, so he may not pay alimony and some other amounts, for example, loan deductions.
• Opportunity to work if you cannot get an official job. Sometimes a person wants to find the source additional income, part-time work for a short time. Formalization in this case can be difficult, since the main employer sometimes prohibits such activities. Sometimes people deliberately look for such a job because they cannot get a job employment contract. This applies to pensioners, disabled people, and women on maternity leave.

It is these reasons that most often prompt employers and employees not to properly formalize their employment relationships.

Employment options

Employment in practice is of two types:

• Official. In this case, labor relations are formalized by drawing up one of two documents:
  • employment contract;

  An employment contract is concluded with all employees hired for permanent activities. It comes in two types:

  • , that is, work is expected for a certain period of time;
  • unlimited

  The document must contain the following information:

  • information about the parties;
  • working conditions;
  • the subject of the contract, that is, the labor function;
  • terms of payment;
  • place of work;
  • start date of activity.

  A civil agreement is concluded when an employee must perform certain work or services. In fact it represents . In such a relationship, the employer does not have to pay pension contributions, provide certain working conditions, pay for vacation, etc. Some unscrupulous employers deliberately use such an agreement instead of an employment agreement. In this case, the employee has the right to go to court to force registration correct documents and payment of compensation.
  Sometimes employers offer limited conditions as part of formal employment. For example:

  • the employee is registered for a reduced day, although in fact he works full time;
  • he is officially paid the minimum wage, and the balance is paid in cash.
• Unofficial. In this case, no contract is concluded with the employee, no entry is made in the work book, etc. This type of activity is illegal.

The legal consequences of such employment relationships are discussed in detail in the following video:

What should an employee do?

If a person works for a long time without registration, although official employment has been agreed upon with the employer, the manager should first be reminded of the need to conclude an agreement. Sometimes this is enough to solve the problem.

If the company refuses to comply with legal norms, the employee can go to court. To do this you need to provide the following information:

• Documents related to hiring. If there is an order, an entry in work book, contracts, signatures under local regulations they must be presented to the court. This possibility exists if the registration was not completed in full, for example, a contract was signed, but there is no entry in the labor record.
• Documents confirming the completion of work. These include:
  • various orders;
  • powers of attorney;
  • executive documents and any others that contain the employee’s signature.
• Documents evidencing the existence of an employment relationship. These include, for example:
  • compensation for the use of personal transport;
  • referral to courses;
  • tuition fees and so on.

  It is advisable to provide original documents, but even copies of them can help in resolving the case.

• Witnesses. These are persons officially employed by the enterprise, as well as business partners, clients. They must inform the court that they saw the employee performing a job function, more than once over a long period of time.

What can threaten the employer and employee?

According to the law, the employer is obliged to enter into an agreement with the employee in three days from the moment a person is admitted to work. For violation of the Labor Code of the Russian Federation, certain liability is provided:

• an administrative fine in the amount of 50 thousand rubles may be imposed on the enterprise;
• in some cases, activities may be suspended for a long period;
• tax authorities may be held liable in the form of payment of 20% of the total amount of funds to be transferred to the budget;
• criminal punishment provides for a fine in the amount of 100 to 300 thousand rubles;
• in special cases, the leader may be imprisoned for up to two years.

Unofficial registration threatens the employee with a violation of his rights:

• there is a risk of not receiving wages;
• possible absence of vacation;
• sick leave may not be paid;
• there are no social guarantees.

A person independently chooses the most profitable option employment. But sometimes the risks associated with unofficial registration do not cover the benefits. Any disagreements between the parties can be resolved by finding a compromise and establishing conditions suitable for both the employee and the employer.