How to write a sample individual entrepreneur in a work book. All about how to correctly make an entry in the work book when applying for a job with an individual entrepreneur, and can he fill it out for himself? How to correctly fill out the title page of a work book

Let’s open the document adopted by the Decree of the Government of the Russian Federation in 2003, which is called “Rules for maintaining and storing work books, producing work book forms and providing them to employers.”

Document fragment.

Section "Basic provisions"

2. The work book is the main document about work activity and work experience employee.

3. Employer (with the exception of employers - individuals who are not individual entrepreneurs) keeps work records per employee who has worked for him for more than five days, if the work for this employer is the main one for the employee.

So, An entry in the work book is made:

1. only about work activity;
2. only by the employer in relation to the employee;

Is entrepreneurial activity a labor activity? What exactly is entrepreneurial activity? Let us turn to the Civil Code of the Russian Federation (part one):

Document fragment

«… Civil legislation regulates relations between persons engaged in entrepreneurial activity or with their participation, based on the fact that entrepreneurial activity is independent activity carried out at your own risk b aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law...”

So, entrepreneurship is a relationship regulated by civil law. These relations are not labor relations in the legal sense. This is the activity of a self-employed person. The individual entrepreneur does not have an employment relationship with himself.

Conclusion:

An entrepreneur does not have the right to keep a work book for himself. You cannot enter into an employment contract with yourself. He also does not issue orders for personnel regarding himself, wages does not accrue to itself. Why? Because the entrepreneur does not have an employment relationship with himself, and the norms labor legislation They don’t work on him.

But this is how they work on individual entrepreneurs’ employees! From the moment the first employee is hired, the entrepreneur becomes an employer. And this is where the fun begins - all labor law norms come into force.

Is an individual entrepreneur required to keep work records of employees? Until October 6, 2006, individual entrepreneurs could not fill out workers’ work books and the question “Individual entrepreneur and work book” did not arise. A document confirming work with individual entrepreneur, was employment contract, registered with local authorities.

After entry into force Federal Law No. 90-FZ dated June 30, 2006, that is, after October 6 of the same year, individual entrepreneurs, like organizations, must keep records of employees’ work books (Part 1 of Article 309 of the Labor Code of the Russian Federation). It is also necessary to keep a book of work records and inserts for them. There is no longer any need to register employment contracts with your employees with the administration.

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We are hiring

An individual entrepreneur makes an entry in the work book of an employee if he has worked five working days and this place is his main place of work (clause 3 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003).

For those entering work for the first time, an individual entrepreneur draws up a work book within seven days in the presence of the employee. When filling out the title page, indicate:

• Last name, first name, patronymic of the employee;
• Date of birth in the format (dd.mm.yyyy);
• Education;
• Profession, specialty;
• Date of completion;
• Employee signature;
• Stamp and signature responsible person(entrepreneur).

Sample of filling out the title page

Next, enter information about the work. The record number is entered in order, the date of employment, the record of admission to the position, the basis for admission. For employees hired before 10/06/2006, the basis will be “employment contract dated 11/11/1111 (date) No. 1 (number).”

For applicants after October 6, the basis will be “order dated 22/22/2222 (date) No. 2 (order number).” Since individual entrepreneurs for registration labor relations must use standardized forms of documents: employment orders, personal cards of employees (form T-2), etc.

If an incorrect or inaccurate entry in the work book is made by the employer-entrepreneur and his activities are terminated in accordance with the law, then the correction is made by the employer at the new place of work.

Sample of filling out an individual entrepreneur's work book

We fire an employee

An entry about the dismissal of an employee is made on the day of dismissal in accordance with the wording of the Labor Code and the text of the dismissal order. In this case it is written:

• Record serial number;
• Date of dismissal;
• Reason for dismissal with reference to an article of the Labor Code;
• Name, date and number of the document on the basis of which the entry was made (order, instruction);
• Seal, position, surname, initials and signature of the responsible person (in this case, the entrepreneur);
• This is followed by the employee's signature.

Individual entrepreneur's work book

The entrepreneur also does not pay his own wages. The insurance experience of an individual entrepreneur for subsequent registration of a labor pension is taken into account on the basis of his registration with the Pension Fund as an entrepreneur.

Responsibility for compliance with labor laws

Individual entrepreneurs must comply with the rules for maintaining, storing, recording and issuing work books (clause 45 of the Rules). Violation of these rules provides for administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). It includes the imposition of a fine from 1 to 5 thousand rubles. or suspension of the entrepreneur’s activities for up to 90 days.

In some cases, by court decision, compensation for moral damages may be provided for making incorrect entries in the work book.

Here are the basic provisions that an individual entrepreneur should know about working with a work book. Receive new blog articles directly to your email - only the latest news from the life of individual entrepreneurs:

Consideration of the issue of entry in the work book in relation to an individual entrepreneur has two main aspects. The first aspect is how an individual entrepreneur makes an entry in his work book for himself. The second concerns situations when an individual entrepreneur makes entries in the work books of employees. We note that neither one nor the other aspect is clearly regulated by law. Therefore, these issues require additional clarification.

Employment history

In the work book of each employee of the organization and individual entrepreneur, information about his work activity and length of service is recorded. Such information is strictly regulated on the basis of the Labor Code of the Russian Federation and by-laws.

The form and procedure for compiling work books are approved in two regulatory legal acts:

• Rules of April 16, 2003 N 225 (hereinafter referred to as the Rules);
• Instructions No. 69 dated October 10, 2003 (hereinafter referred to as the Instructions).

Let us note that none of them contains special rules or any specific features in relation to individual entrepreneurs. However, such features still exist.

Do I need a work book for an individual entrepreneur?

The Labor Code of the Russian Federation indicates three types of employers, one of which are individuals registered as individual entrepreneurs. Thus, the status of individual entrepreneurs in labor relations directly follows from the norms of labor legislation: an individual entrepreneur is not an employee, but an employer. An employee is a person who has entered into an employment relationship with the employer ().

The obvious fact is that an entrepreneur cannot enter into labor relations with himself. Consequently, an entrepreneur is not an employee in the sense given to this concept by Article 20 of the Labor Code of the Russian Federation.

Based on Article 66 of the Labor Code of the Russian Federation, employers are required to maintain work books for employees.

Thus, we come to the conclusion that an individual entrepreneur does not keep a work book for himself, because The legislation does not provide for such a possibility for him.

The question of how and where exactly the activities of an individual entrepreneur should be recorded (if not in the work book) to calculate length of service is regulated by legislation in the field of pensions. The insurance period includes the activities of individual entrepreneurs, therefore, the main confirmation of the fact of labor activity and the corresponding length of service for an individual entrepreneur is a certificate of state registration entrepreneur status with the tax authority.

Working for an individual entrepreneur using a work book

Individual entrepreneurs, in the cases specified in Article 66 of the Labor Code of the Russian Federation, are required to maintain work books in relation to their employees.

The legislation (in particular the Rules and Instructions) does not take into account some aspects of the status of an entrepreneur in relation to the issue under consideration.

For example, based on clause 3.1 of the Instructions, the work book must reflect the full and abbreviated name of the organization.

In this case specified item should be interpreted not in relation to the organization as a legal entity, but in relation to the employer, i.e. individual entrepreneur.

Taking this into account, the entry should be made in accordance with the certificate of registration as an individual entrepreneur.

Last name, first name and patronymic (if any) must be indicated in full, without abbreviations.

In addition, it should be taken into account that having a seal is not a mandatory requirement for employers. Meanwhile, the Rules and Instructions in some cases require its inclusion on the pages of the work book. An individual entrepreneur who does not have such details has the right to certify the relevant records with his signature.

Throughout the territory of the Russian Federation, it is a basic document that indicates that a citizen has length of service. It does not matter for whom exactly a person works - for the state or for a private entrepreneur. If an employee is employed and fulfills his duties, then he must have a work book. With regard to ordinary employees, everything is clear with this, but for the individual entrepreneur himself, the entry in the work book raises a number of questions.

Individual entrepreneur: filling out a work book

According to the law, private entrepreneurs can act as employers with all the ensuing legal nuances. Is the “private trader” himself an employee? After all, this status is given only to those team members who work for a specific individual entrepreneur.

A package is issued for each employee necessary documents. But individual entrepreneurs themselves should not make any entries in their labor records. The law does not imply either such a right or such an obligation for them. This is explained by the fact that any information in the work book is entered on the basis of an agreement between the employee and the employer.

Following the usual logic, an entrepreneur cannot hire himself and, accordingly, cannot sign any document or agreement with himself. That is, an individual entrepreneur does not have the right to make an entry in his work book.

But how, in this case, is the length of service calculated? The answer is simple - the basic point for determining the length of service of an individual entrepreneur is the registration certificate. In addition, a businessman can earn himself a quite decent pension on completely legal grounds.

To do this, he must systematically pay an insurance premium for himself to the Pension Fund of the Russian Federation. Moreover, the amount of payments is specified every year. Deductions to Pension Fund- this is a fixed value, but it can be adjusted over time.

If an individual entrepreneur does not transfer contributions to the Pension Fund, then subsequently he cannot count on a pension from the state.

If a businessman, due to objective circumstances, decides to end his private career and goes to work in government agencies, then he starts a new work book. However, working as an individual entrepreneur does not lose its actual essence.

In this case, the calculation of length of service will be based on 2 documents:

• work book;
• certificate of registration as an individual entrepreneur.

In addition, when calculating a pension, a private entrepreneur will need a certificate from the Pension Fund confirming the fact that he systematically contributed insurance premiums. This certificate is another evidence of the working experience of an individual entrepreneur.

If an individual entrepreneur works as an employee for another employer, this does not exempt him from paying insurance contributions to the Pension Fund.

When an individual entrepreneur has the right to enter information into his work

If a private entrepreneur nevertheless decides to start a job for himself, then all he can do is get a job as an employee for another employer. In this case, the entry in his employment record will be legal.

In addition, the option is often practiced when an individual entrepreneur is registered as a legal entity. This is followed by his official appointment as CEO. It is also possible to be officially appointed to any other position with a corresponding note in the employment record.

Registration of labor documents while working for an individual entrepreneur

There is one circumstance that exempts an individual entrepreneur from issuing a work book for an employee. This refers to temporary employment. In any other case, a record of employment must be required. According to modern legislation, this significant entry for the employee can be made not on the day of employment, but five days later.

Registration of a work book for an individual entrepreneur presupposes compliance with the following rules:

The right to hired labor imposes certain obligations on the businessman in relation to his staff. This also applies to filling out socially significant documents. To avoid problems with the law, a private entrepreneur must clearly keep personnel records and know what wording is relevant in each specific case (for example, upon dismissal).

At the time of dismissal, the work book must indicate the reason why the employment contract is terminated. In this case, it is necessary to provide a link to the relevant article of the Labor Code.

Sometimes, after dismissal, an employee of a private enterprise, due to subjective circumstances, does not collect his work permit. This may be due to a sudden move to another region, illness or difficult family circumstances.

This does not relieve the private entrepreneur himself from obligations towards to this person. According to the law, he must try to contact his former employee. You can also get in touch with his close people and relatives.

If attempts to find former employee remain unsuccessful, then the employer still has no right to keep the work book. In this case, he must forward it by registered mail to the person’s residential address. This is a last resort. If the letter is not delivered to the addressee, then the form remains with the individual entrepreneur until the citizen himself shows up.

If an employee refuses to provide employment

Sometimes an employee, for some reason, refuses to provide the individual entrepreneur with his or her employment record. It is not right. Moreover, it is strictly forbidden to draw up a new employment record, even if the employee insists on it.

The merchant must draw up an act that would reflect the reluctance of his employee to provide a work book.

The act reflects all the circumstances:

• reason for refusal to provide labor;
• direct refusal without specifying a reason.

It is important that witnesses (at least 2 people) are involved in drawing up the act.

Responsibility of the individual entrepreneur

Responsibility for failure to comply with all of the above nuances is quite serious. Inspecting authorities check the completion of work books of individual entrepreneurs with the same scrupulousness as in government institutions.

In fact, the rules for filling out and registering a work book for an individual entrepreneur are no different from the rules that are relevant for a government agency.

The difference is that in municipal or state companies the employment form is filled out by a representative of the personnel service. It is unlikely that an individual entrepreneur in staffing table there is such a unit. Therefore, as a rule, he keeps all the records in his employment records himself.

Also, as in government institutions, all entries made in the labor record must be certified with seals. However, in some circumstances, a seal is not affixed if the individual entrepreneur does not have such a right by law. In this case, only a signature is permissible.

In addition, an individual entrepreneur should not enter into the labor report any information regarding the employee’s disciplinary offenses. The exception is immediate dismissal due to a serious disciplinary violation.

At the same time, information about the reasons that led to the termination of the employment contract must be reflected.

The least that a private entrepreneur faces when violations are discovered is a fine.

Everyone knows that an entry in the work book is the main argument about the length of service and work activity of an employee. The book is issued regardless of who the employee works for. The law obliges every individual entrepreneur (IP) to fill out work books for their employees five days after they start work. But if everything is clear with the employees, then who should make an entry in the work book for the individual entrepreneur himself? Let's try to understand this issue further.

Filling out an individual entrepreneur's work book

It would be logical to assume that the individual entrepreneur must make an entry for himself, since he is the head of the entrepreneurial process organized by him. But actually it is not. The work book is kept to record work experience, and not entrepreneurial activity. And the legislator clearly separates these two concepts. Accordingly, an entrepreneur who has the status of an employer cannot hire himself or enter into an employment contract with himself. And an entry in the work book is made precisely on the basis of a signed employment contract. Therefore, an individual entrepreneur cannot issue a work book for himself.

However, you should not worry that all the time spent on entrepreneurial activity will not be taken into account as work experience. After all, even working as an individual entrepreneur, a citizen makes contributions to the Pension Fund account. He also takes into account his length of service and accumulates funds for a future pension. Therefore, the main goal for which it is necessary to maintain a work book can be achieved in addition to it. If necessary, the Pension Fund can always issue an appropriate certificate to the individual entrepreneur.

Pension issue

To finally dot the i’s, let’s take a closer look at the issue of calculating an individual entrepreneur’s pension, taking into account that he cannot make an entry in his work book for himself. First of all, the law directly states that length of business activity is counted towards seniority. This experience can be confirmed not with a work book, but with a certificate of registration of individual entrepreneurs. It is the date of issue of such a document that is the beginning of the deduction of seniority as an individual entrepreneur.

Only those persons who have an insurance certificate, which is the basis for calculating a pension, will be able to receive a pension. As soon as the registration of an individual entrepreneur is completed, he is obliged to deduct:

• fixed insurance premiums (established by the law of the Russian Federation and may change based on adopted changes);
• contributions that individuals are required to make when paying various remunerations to other individuals.

It is the payment of fixed contributions that guarantees a pension for the future. Therefore, in order to subsequently accrue a pension, you must always have the following documents with you:

• certificate of state registration of individual entrepreneurs;
• notification of registration of the policyholder with the Pension Fund;
• receipts for payment of insurance premiums.

Entry to work as an individual entrepreneur

Some people have a question: in a situation where an entrepreneur has completed his activities and has subsequently registered for work in an organization or with another entrepreneur, is the latter obliged to enter data on the entrepreneurial activities of the new employee into the work book?

The answer follows logically from the previous information. As an entrepreneur, he was an employer, not an employee, so there is no reason to enter such data. However, the book must record the entire length of service, otherwise the new employer, without taking it into account, will put the employee in a deliberately worse position, as if reducing his length of service. And this time is important, say, when calculating maternity benefits. However regulations regulating such nuances do not limit the parties to the employment contract in providing only a work record book in order to accrue such benefits. That is, to record and confirm the length of service, such an employee can provide not only records in the work record, but also other documents confirming it labor activity.

Book design

In other situations, an individual entrepreneur is required to maintain a work book, created individually for each of the employees who have his main type of activity. The law allows for the registration of a book not immediately, but after five days, after the employee begins to perform his duties.

Entry in this document must be carried out strictly according to established rules. For example, no abbreviations can be used in it. Even “individual entrepreneur” cannot be shortened to individual entrepreneur - all titles, names and titles must be indicated in full.

It happens that an employee has not previously worked, and therefore does not have a work book. Then the entrepreneur must arrange it himself. To do this, the employee must purchase a blank book at his own expense or pay the employer its cost (or agree to deduct the amount from his salary). When making an entry in a document, the employer is obliged to use only Arabic numerals when entering dates, refer to articles labor code when dismissing an employee, clearly and completely indicate his position.

Sample filling

To make it clearer how to correctly make an entry in an employee’s work book, we provide a short example of this process. First, indicate the date when the employee was hired in Arabic numerals in the appropriate column. It looks something like this: 04/05/2016. Then you must indicate the full last name, first name and patronymic of the employee. These data, as well as information about birth in the day-month-year format, are recorded based on information from the passport. If it is not there, it is permissible to rely on the data of a military ID, driver’s license, foreign passport and other identification documents.

Then you need to make a record of the education received. The reason for entering information in this case is the employee’s diploma. If he has not yet completed his education, a student ID, record book, or a certificate from the institution where the employee is studying is used. Keep in mind that when entering information, each new entry receives its own serial number.

The employment document must contain an indication of the position in which the employee works and what duties he performs. If he is transferred to another position, there must be a corresponding record of this. It is logical that when an employee is fired, it is necessary to make the appropriate notes in the work book. However, in this case, the reason why the parties terminated the employment contract must be indicated. It must comply with the required clause of the labor code.

Nuances of working with a document

It is worth considering that this document does not include information about disciplinary sanctions. Of course, if we are not talking about such a disciplinary sanction as dismissal. If this happens, it is imperative to make a note about it. but at the same time, any incentives, bonuses, certificates, etc. must be indicated without fail.

Sometimes employees refuse to provide their work records. However, even in these cases, the law does not relieve the entrepreneur from the obligation to make appropriate entries in the documents, providing for a fine in the amount of 50 minimum wages. In such situations, issuing a new book is not an option; it is prohibited by law if there is a valid one. The only thing an entrepreneur can do in this case is to draw up an appropriate act.

To do this, he needs two witnesses who are ready to confirm in writing that in their presence the employee was asked to provide the employer with his work book to make the appropriate entries, but he refused to do so. If reasons were given, they must be reflected in the act. If the employee refused without reason, this must also be noted in the document.

Saving book

This book must be kept by the employer for the entire time the employee works for him. After dismissal, along with settlement funds, the employee is given a work book, which indicates when and under what article he would be dismissed. However, in practice, there are times when an employee cannot or does not want to receive this accounting document. For example, when payment upon dismissal is not provided, he does not really want to go to the employer for just a book. Or when an employee dies and there is no one to pick up his documents. What should an entrepreneur do in such cases? After all, a book is an important document that cannot simply be taken and thrown away.

The law provides for mandatory storage of the work record book by the employer for at least two years. Then, if the employee never comes for the document, it is transferred to the archive, where it is stored for at least 50 years. All the subtleties of this process are taken into account by the national legislation on archives.

By the way, today a work book with a holographic sticker is used, which reduces the risk of document forgery. But its use is not mandatory - the employer resorts to such protection at its own discretion. This sticker helps protect the employer's seal, the signature of the employee who issued the form, and other elements of the form that do not change. Inserts for work records without such holograms are considered invalid.

Errors in labor

Since the work book is filled out exclusively by hand, the human factor plays a role here. important. Errors in such cases are normal, although they do not always happen. What to do if such an error is found? After all, a work book is a document into which an employee cannot independently make corrections.

The simplest case is when an error is discovered while working for an entrepreneur. Then you can simply ask to make changes. If it turns out that the previous employer made a mistake, you must contact him for changes. Although the law allows for the possibility of correction of errors by the current employer. True, in this case he needs an official document from the employer who made the mistake. On the basis of which this may make changes.

In practice, it sometimes turns out that the previous employer no longer exists as entity or entrepreneur: liquidated or reorganized. Then the current employer has the right to make changes independently.

Procedure for making changes

Another question is where exactly the corrections need to be made. If they are made on the title page, then new data is entered on the basis of the provided document confirming such information. For example, if the first or last name has been changed, it is necessary to provide a new passport or certificate of marriage or divorce, on the basis of which the employee’s last name was changed. Passports and other identification documents are also used when making changes if the employee’s date of birth is incorrectly indicated.

To enter the correct data, the entrepreneur must cross out the incorrect information with one line, and then enter the correct information. To confirm the correctness and legality of the entered data, it is necessary to indicate on the basis of which documents the changes were made. These data are entered on the inside cover of the book.

Please note that changes to the awards and incentives section are strictly prohibited. If an error was made in this section, after the entry that does not correspond to reality, a mark “invalid” is placed. And only after it can you enter the necessary and correct information.

Changes to the work book are also made when an individual entrepreneur who hired an employee re-registered and changed his name. This is the basis for making appropriate changes to employees’ work books. If this is not done, the entrepreneur may be held administratively liable for violating the rules for maintaining work records.