Your first job  

Your first job

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Unfortunately, the economic instability in the country affected the newly minted bachelor's and master more than a candidates with experience: to cut the budgets for training, some companies canceled training ... These constraints are added to the frequent violations of labor laws. As a young professional should know about their employment rights and responsibilities?

Probation

Employer may install in employment probationary period in order to verify the business and professional qualities of the worker (Art. 70 LC RF). The condition of the test should be spelled out in an employment contract with the employee. If the employment contract was not concluded in written form or in the contract there is no condition for the test, the employee is hired on the same basis.

The period of probation for nerukovodyaschih workers may not exceed three months, and for managers, chief accountants and their deputies - six. During the probationary period for an employee subject to all provisions of labor law, so the employer is obliged to formalize the recruitment of employees in accordance with the LC RF regulations.

This year I finish high school. Now consider the proposals in their field, and before that did not work. Almost all firms in which I was interviewed, I was warned about the upcoming three-month probation. As far as lawfully conduct tests for people without work experience?

For some categories of employees, the employer is not entitled to establish a probationary period. By one of those "privileged" category includes workers who have graduated from vocational schools are less than a year ago, job seekers in the specialty and for the first time received an employment contract (Article 70 LC RF). Therefore you can not be placed on probation.

Does the right of the employer to establish a probationary period, if my future work not related to receiving specialty?

Yes, in this case, the employer may establish a probationary period.

Denial of employment

With a candidate for the vacant post of employer interviews, which aims to identify him relevant competencies and skills needed to work in a specific position.

Because of existing norms of art. 19, 37 of the Constitution of the RF the employer's decision on the admission or refusal of employment should be based on applicant qualifications, specialties, qualifications, skills and knowledge. Moreover, taking into account some of the personal qualities of the employee, including the presence of a certain level of education, work experience in this specialty, health, etc.

Article 64 of the LC RF prohibits wrongful denial of employment and discrimination in an employment contract, ie any restriction of rights or benefits for a job. In this case, refers to gender, race, color, nationality, origin, family and social status, age, place of residence, as well as other circumstances not related to the qualifications of the employee.

Any candidate who receives the denial of employment, the employer may require written justification of the reasons for such denial, as well as to challenge the refusal to work in the courts.

Conclusion of employment contract

According to Art. 65 LC RF worker, an employment contract for the first time, must submit to employment the following documents:

  • Passport or other identity document;
  • Of military registration documents - for military service and persons subject to military conscription;
  • Credentials, qualifications, or special knowledge - when you receive a job that requires special knowledge or special training. For university students or graduates who have not yet received a diploma in hand, evidence that they are being taught in high school or have completed it can be a certificate from the school, student record book, student ID card. Thus all of the documents must be stamped by the school.

Those employees who have worked, in addition to these documents must provide the workbook and certificate of insurance of the state pension insurance. Otherwise, these two documents are issued by the employer.

The employer may not require an employee arriving for work, other documents than those listed above, and under other federal laws and other regulations of the Government of Russia.

Design work

According to Art. 67 LC RF in employment after the employer to provide all necessary documents with the employee must be signed employment contract. This document, which confirms the work of the employer. In addition, it specifies all the basic conditions of employment, such as wages, position, duties, working hours, conditions of training, testing in employment, etc.

The employment contract is in writing in two copies, one of which an employee is transferred to the hands (and with the signature of the director or other authorized representative of the employer and the seal of the organization). The second copy retained by the employer.

If a written contract is not formed, and all the arrangements laid down only orally, such a contract would still be considered prisoners. The employee is also considered adopted if it actually was allowed to work with or on behalf of the employer or his representative (ie a person who is empowered to hire workers). In this case, the law requires the employer to draw with the employee a written contract no later than three working days after the actual start of work (Article 67 LC RF).

Underlying documents supporting the work and seniority employee is working records. If a worker gets a job first, then draws her employer in the presence of the employee not later than one week from the date of employment (Regulation of Employment and storage of books, approved by RF Government Resolution dated April 16, 2003 number 225). In the workbook with its registration shall be made following information about the employee:

  • At the first (front page) indicates:
    a) surname, first name, middle name, date of birth (day, month, year) - on the basis of a passport or other identity document;
    b) education, profession, specialty - on the basis of documents on education, qualifications or special knowledge (when to work, requiring special knowledge or special training).
  • After specifying the date of filing the employment history of its employee's signature certifies the correctness of the particulars.
  • Also the first page signed by the person responsible for issuing work books, and then put stamp (seal of Staff);
  • In the section "Information on the work" as the title indicates the full name of the organization, as well as the abbreviated name of the organization (if any). Under that heading, put the serial number of overhead recording, specify the date of employment and record the acceptance or appointment of a structural unit of the organization. It also identifies specific unit name, name of office (work) profession, a profession with an indication of qualifications, and recorded the date and number of orders (orders), under which an employee is hired. A record of the name of the office (work) profession, a profession with the qualifications are made, usually in accordance with the staffing of the organization.

If employment history has been discharged earlier, the employer must make in her account, if the employee had worked for more than five days.

Before signing the employment contract the employer must inform the employee under a list of the rules of internal labor regulations and other local regulations directly related to the occupational worker.

For the employee, first-job, the employer must arrange for an insurance certificate of the state pension insurance. This document is required to ensure that the employer has provided in the relevant territorial authority of the Pension Fund of the RF information from all persons employed by him and paid for their insurance contributions to the RF Pension Fund to finance the insurance and funded part of labor pensions (based on the Federal Law of 15.12.2001 g. № 167-FZ "On Mandatory Pension Insurance in Russia" and the Federal Law of 01.04.1996 g. № 27-FZ "On the individual (personalized) registered in the system of compulsory pension insurance"). The period of payment of employee insurance premiums of the insurance period the employee. To make an insurance certificate must write the name of the employer a statement. The employer, in turn, must, within two weeks of the conclusion of an employment contract apply to the territorial office of the Pension Fund of Russia form the employee. Once the employer receives a certificate, it must be transferred to the employee on his hands.

Termination of employment contract The total list of grounds for termination of the employment contract contained in Art. 77 TC RF. Distinguish the following reasons for the dismissal of staff:

  • initiative of the employee (Article 80 LC RF). For voluntary separation employee must submit the name of the employer written notice of termination not less than two weeks before the date of dismissal, ie last day of work. Doing this notice period shall begin from the day after receipt of the statement by the employer to dismiss an employee;
  • agreement of the parties (Art. 78 LC RF). Employee and employer may agree on the terms and the bottom of the dismissal, concluding a written agreement on the termination of the contract. In this agreement the parties may determine the date of dismissal, conditions of termination of the contract, to pay the employee "blood money" and so on;
  • initiative of the employer (Article 81 of the LC RF). Grounds for termination of the contract to address the organization: the elimination of the employer, downsizing or state organizations; discrepancy worker for the office or to perform work due to lack of qualifications; repeated failure to perform an employee without good reason, their job duties, if he already has a disciplinary action, once a flagrant violation of their employee work duties (truancy, coming to work intoxicated, the disclosure of trade secrets, etc.) and others;
  • circumstances beyond the control of the parties. In Art. 83 LC RF contains a list of such circumstances: the employee called to military service, non-election for the position, recognition of employee completely incapable of work in accordance with medical findings, the death of the employee or the employer - natural person, disqualification or other administrative punishment, precluding the possibility of execution of the employee duties under an employment contract (in particular, disqualification head of the organization) and some other circumstances.

What should happen termination of employment contract, if I did not pass the probationary period?

Based on the norms of art. 71 LC RF, the employer may terminate an employment contract with the employee before the end of the probationary period, if it considers that he has not passed the test. He must in writing notify the employee not later than three days prior to termination of the contract. And in this notice must state the reasons giving rise to the termination of the contract. On the day of dismissal the employer must give the employee work record and perform the final calculation. An entry in the employment record of the reasons for termination of employment contract (ie the bottom) the employer makes in strict accordance with the wording of the TC RF (in this case: "Fired by paragraph 4 of Art. 77 TC RF (unsatisfactory result of the test article. 71 TC RF) ").

If the initiator of the dismissal during the probationary period the employee serves, he should for three days before the dismissal notify the employer and at the end of this period, the contract will be terminated. In his work record would be made to write: "Fired by Clause 3, Article. 77 TC RF (employee initiative, Art. 80 LC RF).