Does the PI record in the workbook?
The laws in effect until 6 October 2006 really forbade individual entrepreneurs to make any entries in labor books, granting such a right only to legal entities.
From this date, radical changes to the Labor Code (Article 309) and the Rules for the Maintenance of Workbooks (3), which, on the contrary, obliged the PI to fill labor books on general grounds, came into effect.
Accordingly, at the moment the situation is as follows - if the IP takes a person to work, then after 5 days from the date of admission, he must make a corresponding entry, as well as records of transfers (if any) and dismissal.
At the moment, any employer who is an individual entrepreneur is simply obliged to make a record in the work book of his employee. If he does not do it, then it threatens him with a fine. So the employee can demand from his employer, who is an IP to make him a record in the work book and hint that he is familiar with the relevant law of the LC RF.
In addition, it is absolutely necessary to conclude an employment contract on a permanent or temporary basis, at least.
Of course, the IP is obliged to make an entry in the work record booklet of its employee. At the same time, the full name of the individual entrepreneur is first fully recorded, then in abbreviated form, date of employment, position and number of the order.
Wage labor, which is used by an entrepreneur under an employment contract, is obliged to make entries in the work books of a hired employee. Exceptions are piece deals with IP and civil legal contracts, which are short-term relationships.
In other cases, entries must be made!
Now, the Individual Entrepreneur (IP) makes a record in the workbook and about employment and dismissal. And that's right, because he pays taxes. He also puts his stamp and signature. Previously IPShniki did not do this.
But here IPShnik record in his work does not, because he can not be both an employee and an employer in one person.
Confirmation of the experience of IPShnika is his certificate of state registration.
Under existing legislationfrom 2006 year, the IP must make a record in the work book of the hired worker.
But, most, and I, including, do not do this, because it's rare for someone who hired workers to work for a long time. You have to deal with the registration and re-registration all the time, unnecessary papers and transfers to the PF.
Напиример, I have 7 hired workers-installers of PVC windows. Not all of them work constantly. Almost everyone has the main job, there are entries in labor books. I call them as necessary and take into account the schedule of their main work.
In case of verification, I can always show a temporary contract with this employee.
I answer, as an employee of the PFR. As soon as an individual entrepreneur is registered as a wage worker, he is not only able, but must also make a record in the workbook, and comply with labor legislation, and pay all types of taxes on the employee, including those that provide pension savings. This is the case when the employee is accepted by the IP on the basis of an employment contract. If we are talking about a contract for the provision of services, that is, of a civil-legal nature, then a record of this is not entered in the work book (this applies to all employers: LLC, ZAO, in short, any organizations). However, contributions, for example, to the FIU and taxes are paid necessarily and with this kind of relationship.
An individual entrepreneur, if he is not self-employed but employs employees in the types of activities registered in the Federal Tax Service, determines the type of activity, time of work and rest and other conditions when concluding an employment contract (contract) with the employee.
If the work involves a full-time job, then the individual's personal income tax, insurance premiums, etc., which the employer pays for the employee (in this case, the IP), are charged on the salary of this employee. The relevant reports are submitted, electronic records are kept. In this case, in the presence of a work record book, the Entrepreneur makes an entry about the admission, and then the dismissal of the employee. By the way, there is a practice of gradual refusal to use the work book on paper, because to confirm the length of service you can get information about work, place, timing, wages and deductions directly to the MFC, which open everywhere in the single window mode.
If the employee does a one-time job, then the entry in the workbook is not done to him.
Considered a similar problem in . The absence of official employment in a registered firm is, by law, unequivocally a scaffold, the size of which depends on the degree of severity. Naturally, ipp can pay a smaller penalty in this case, but will pay. And official employment and implies a record in the work book.
IP is no different from any other company in terms of hiring employees, it is the samehigh-gradethe employer, for example, LLC: the same rights and the same duty to comply with the Labor Code, in which the employers-IP are not specifically identified.
PI concludes employment contracts with its employees, makes notes in their work books (if the employee is located at the main place of work, not part-time), is registered as an employer in the PFR and FSS, maintains all the personnel documentation (orders, staff list, time sheets working time, etc.), pays salaries, sick leave, pregnancy benefits and so on.