If the employer does not formalize it, the employee should take immediate action. After all, not only the provision of rights and guarantees provided for by the Labor Code of the Russian Federation, but also his future pension depends on this.

We will tell you in this article what measures an employee should take, what the employer faces for violating the rights of an employee, and in what cases the refusal by an organization to formalize relations with employees with an employment contract is lawful.

When must an employer sign an employment contract with an employee?

Labor relations between employer and employee presuppose:

• Personal performance of work by the employee;
• Paying him a salary;
• Submission of the employee to labor regulations;
• Performing work for a specific position.

If these conditions exist, the employer is obliged to sign an employment contract with the employee. In other cases, in particular, when an employee is involved in one-time work, the refusal to conclude an employment contract with him is lawful. In such cases, a civil contract must be concluded.

For what reasons does the employer not officially register for work?

Today in our country there are a huge number of employees working without an employment contract.

Employers may avoid formalization for many reasons, including:

1. Reluctance to pay large “salary” taxes and contributions;
2. Reluctance to provide your employees with vacations, sick leave, maternity leave, pay compensation in case of layoffs, etc.;
3. The ability to dismiss an employee at any time without giving reasons or paying wages;
4. Other reasons.

At first glance, it may seem that not registering an employee for the employer has only advantages. However, it is not.

And there are also many negative aspects:

1. Holding the employer accountable by regulatory authorities;
2. Litigation with employees (on establishing the fact of labor relations);
3. Fines from the tax inspectorate related to non-payment of “salary” taxes to the state budget;
4. The inability to recover from an employee material damage caused as a result of his work activities;
5. The impossibility of bringing the employee to disciplinary and other liability;
6. An employee with whom the relationship has not been formalized may not show up for work without warning, and so on.

No care for employees

No, I’m not saying that you need to put a bib on everyone during your lunch break and spoon-feed them. Everything is much more prosaic. We sometimes get sick, our children and parents get sick, our car breaks down, our neighbor can flood our apartment.

Bad things happen sometimes. And, believe me, the boss or director will look like the best leader in the world in the eyes of his subordinate if he shows empathy and sends the child to the clinic, or does not fine him for being late because the car suddenly stalled on the road.

In other words, he will put himself in the position of another person and help him.

Yes, some employees may abuse this to leave work early and more often, but we are talking about normal personnel. I won’t be unfounded and will again resort to numbers. 88% of workers are willing to work overtime if their employer takes care of them.

But not letting a sick employee go to get treatment, since we have an emergency situation, but at the same time not coming to work yourself, because yesterday was too fun a Sunday - it’s better not to. Do not do it this way. This destroys motivation even more than a small salary.

What is motivation, or How to sell to people with different dominant motivations

What negative consequences does the absence of an employment contract with the employer have for an employee?

For an employee, the absence of an employment contract or its replacement with a civil process agreement threatens deprivation of the opportunity to use the rights provided for by the Labor Code of the Russian Federation, including:

• The right to timely payment of wages in full;
• The right to annual paid leave;
• The right to sick pay;
• Right to maternity leave, etc.

Also, failure to pay contributions for an employee to the Pension Fund affects his future pension.

Not wanting to formalize an employee, employers can follow different scenarios: from concluding civil contracts with them to completely refusing to sign any documents.

It might be interesting!

To whom is the employer obliged to provide leave, and what types of leave are there?

How to find out whether the employer has officially registered an employee?

The Labor Code of the Russian Federation obliges the employer to formalize an employment relationship with the employee before he officially starts work.

The official registration of an employee is evidenced by:

1. The employer's requirement that the employee provide documents, including a passport, SNILS, work book, etc.;
2. Concluding an employment contract with him;
3. Making an entry in the work book or registering a new one;
4. Registration of a personal card;
5. Familiarization with signature with labor regulations and other local acts;
6. Formation of a personal file.

If the employer does not take these actions, the employee should raise the issue of official employment.

Natalia

Labor expert

Expert advice! Sometimes, employers create the appearance of official registration by concluding an employment contract with him. But at the same time, no deductions from his earnings are made to the Pension Fund. Based on this, I recommend that from time to time you request a personal account statement from the Pension Fund and check the availability of deductions from the employer.

What will happen to the employer for the unofficial placement of employees?

Failure to officially register an employee is punishable for the employer. For “free” labor relations, two types of liability are provided for the employer:

1. Administrative. According to Art. 5.27 of the Administrative Code, the amount of fines is as follows:

• from 1000 to 5000 for officials;
• for individual entrepreneurs the fine is the same, but it will be replaced by a ban on carrying out activities for 90 days;
• legal entities face 30,000 to 50,000 rubles or suspension of activities for 90 days.

Note!

If the employer has already had similar cases and the complaint is not the first, then the general director of the organization may be prohibited from holding office for the next 3 years.

2. Criminal. For evading tax deductions, the employer faces up to 2 years of imprisonment.

What to do if the employer has not officially hired you?

First of all, you should make a written statement and contact your employer. Such a statement is important in case the employee later has to confirm the fact of his work in court.

In the application, the employee must indicate:

• Name of the organization - employer, its OGRN, INN, position, full name. manager; if the employer is an individual entrepreneur, you must indicate his full name, OGRNIP, TIN;
• FULL NAME. and employee position.

In the text of the document, the employee must indicate on what date he started working and what job duties he performs. It should also be noted that the employer has not formalized an employment relationship with him and demand that this be done immediately.

The application must be signed by the employee and contain the date of its execution. The application must be submitted to the employer or another authorized employee against signature.

If management ignores the application or does not comply with the employee’s demands, then the employee has the right, at his own discretion, to:

• Stop working for this employer, demanding the return of the documents provided to him and payment of wages for the time worked;
• Achieve forced registration for work through regulatory authorities or the court.

It might be interesting!

Financial liability of the employee for damage caused to the employer

What to do if the employer does not formally formalize

Do not forget to prepare evidence (documents, statements, passes, witness statements) confirming that you really work for the company. Most often, the case ends with a call from the inspector to the director of the company, after which the employer magically changes his decision and officially hires you. But the matter may not be limited to one call; the inspector can come to the place of work himself or invite the employer to visit the district labor inspectorate

It is important to understand that this situation has practically no positive outcome. The employer is unlikely to forget to contact the labor inspectorate

This means that your work in the company, even if it has become official, will most likely be short-lived.

After all, the employer can create such conditions that you don’t want to stay there.

Where can I complain about illegal actions of my employer?

You can complain about your employer to the prosecutor's office or the labor inspectorate. An employee can also complain to both authorities at the same time. Applications to Rostrud and the Prosecutor's Office are drawn up according to the same principle.

They should contain information:

1. About the applicant - employee (his full name, telephone number, email and postal address);
2. About work (where, from what time and for what position he performs his labor function);
3. About violation of the Labor Code of the Russian Federation on the part of the employer (what exactly is expressed);
4. How are the stated circumstances confirmed?
5. A requirement for the supervisory authority to conduct an inspection and give the employer an order to eliminate violations;

The application is signed by the employee. You can send it via the Internet, by mail, or submit it directly to the regulatory authority.

Where to go and what to do if the employer does not officially register

Info

Ryazan, which is obliged, upon your written application, to conduct an inspection and, if violations of labor and tax laws are established, bring the guilty person to administrative responsibility. Personal consultation Do you have an answer to this question? You can leave it by clicking on the Reply button Similar questions Please, what fine do I face for not filing a zero tax return on time under the simplified taxation system? What fine will I face for the fact that 10 days have passed (today is the eleventh) and I have not submitted my passport to change my surname after receiving a divorce certificate? Tell me, who knows what fine I will pay for not being registered anywhere? And how long can I live as a citizen of the Russian Federation without registration in Russia? I am the owner and director of an LLC.

What to do if the employer has not officially hired you and does not pay wages?

In this case, it is better for the employee to go to court and demand not only official employment and payment of all due amounts, but also payment of monetary compensation for late payment of wages, and compensation for moral damage.

The claim is drawn up according to the rules established by Art. 131 and 132 of the Code of Civil Procedure of the Russian Federation, and is submitted to the district court at the location of the employer.

Such a statement must contain:

• Information about the court and the parties to the trial;
• The circumstances of the case, as well as information about what exactly the illegality of the employer’s behavior is;
• Confirmation of the described circumstances and information;
• Request to court;
• List of attached documents;
• Signature of the employee or his representative;
• Date of.

The claim shall be accompanied by written evidence confirming the information contained in it. The employee also has the right to petition for the inclusion of other evidence in the case, including testimony of witnesses, audio and video materials, and photographs.

What fine does an employer face for not registering an employee?

For the fact that the employer does not register the employee, he will bear liability as provided by law, including:

1. For failure to register an employee under the Labor Code of the Russian Federation, officials face a fine of 10 to 20 thousand rubles, individual entrepreneurs - from 5 to 10 thousand rubles, organizations - from 50 to 100 thousand rubles. Repeated commission of this offense entails even more severe liability: for officials - disqualification for a period of 1 to 3 years, for individual entrepreneurs - a fine of 30 to 40 thousand rubles, for organizations - from 100 to 200 thousand rubles;
2. For failure to pay due taxes and contributions, employers face a fine of 20% of the amount of arrears, and a penalty of 1/300 of the Central Bank refinancing rate for each day of delay. A large amount of arrears can lead to criminal liability for the officials responsible for this.

Thus, despite the supposed advantages of not concluding employment contracts with employees, the negative consequences of this can be very significant.

The employees themselves also face negative consequences. Therefore, it is not worth leaving everything as it is, and it is necessary to either switch to a legal form of cooperation as soon as possible, or stop it altogether.

How not to formally register an employee for a probationary period

Info

Trouble 1. The directors and the company will be held administratively liable for violating labor laws. For a company, this is a fine of 30,000 to 50,000 rubles. For the director - a fine from 1000 to 5000 rubles.

• If the administration evades concluding an employment contract or replaces the latter with a civil agreement, then Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. The official will have to pay a fine of 10 to 20 thousand rubles. Responsibility for an unregistered employee for an individual entrepreneur provides for the recovery of 5 to 10 thousand rubles; the company will have to pay from 50 to 100 thousand rubles.
• Part 5 art. 5.27 of the Code of Administrative Offenses of the Russian Federation establishes punishment for repeated commission of any of the listed violations. We are talking about cases where 1 year has not elapsed since the previous resolution came into force (Article 4.6 of the Code of Administrative Offenses of the Russian Federation). In this case, citizens will be fined 5 thousand rubles, and officials may be disqualified for a period of 1 to 3 years. Individual entrepreneurs and organizations will also receive increased penalties (from 30 to 40 thousand rubles and from 100 to 200 thousand

Responsibility of the employer for refusal to conclude ore contracts If violations are discovered during the inspection, penalties are imposed on the employer. Penalties In case of failure to conclude employment contracts without legal grounds, the employer will be held liable in accordance with the Code of Administrative Offenses, namely paragraph 4 of Article 5.27, which establishes liability specifically for the absence of employment contracts or their replacement with another form of relationship between the parties.

Amounts of fines for various categories:

• For officials (managers) from 10,000 rubles. up to 20,000 rubles;
• For individual entrepreneurs from 5,000 rubles. up to 10,000 rubles;
• For legal entities from RUB 50,000.

Then the contributions paid to the Pension Fund may turn out to be incorrectly distributed between the insurance and savings parts;

(or) the salary of an unregistered person was accrued to another employee and the latter’s annual income, taking into account the additional payment, exceeded 512,000 rubles, and without it it does not reach this value.

Similar problems may arise with personal income tax, because everyone has their own deductions. Trouble 3. The tax office and funds will be fined for failure to submit reports on an unregistered employee.

Possible fines:

for failure to submit personalized accounting information for an unregistered employee and, if the salary of an invisible employee was accrued to another employee, for false information about the one to whom his salary was accrued.