In our
previous article, we figured out what personnel records is and what features it has in Russia. Today we will analyze the main mistakes that foreign companies make.
Important: inaccuracies, misinterpretation and non-compliance with requirements (including unintentional ones) can entail administrative liability and appropriate punishment for the employee and company management.
Errors in personal files of employees
Personal files of employees are opened from the moment they are accepted for a position and closed after dismissal. When maintaining documents, the following mistakes are most often made:
- lack of mandatory documents in a personal file
- violation of documentation order
- reconciliation of personal files untimely
- inclusion of unnecessary documents
- transfer of personal files to third-party organizations and individuals.
Maintaining personal files is not mandatory, except for the personal files of municipal and state civil servants.
Important: storing copies of personal documents of employees in personal files may be the basis for bringing the employer to administrative responsibility for violation of legislation on personal data
Errors in an employment contract
Errors that are made in an employment contract in the course of resolving conflicts can lead to undesirable consequences for the company. Among the most common mistakes are the following:
- conclusion of an employment contract in one copy
- absence of registration date of the employment contract
- lack of signatures in the employment contract
- lack of conditions for employment with a probationary period, if any
- lack of a specific amount of wages
- lack of established deadlines and places for wages payment
- lack of an established mode of operation and vacation
Errors in maintaining employment record books
The employment record boo and information about work activities are the main document of the employee, which reflect his work experience throughout his life. It is necessary to minimize any violations that may occur during their registration.
The employment record book form is provided in the Pension Fund of Russia (PFR) and contains information about the employee himself, the work he performs, transfers to another permanent job, dismissal and the grounds for terminating the employment contract.
Among the most common mistakes in employment record books are:
- absence of a mark "duplicate" when issuing a duplicate employment record book\
- lack of a signature upon dismissal
- non-appointment of a person who is responsible for maintaining and issuing employment record books and maintaining information about work activities in electronic form
- lack of additional information about the employee
- refusal to issue employment record books to students who study and work
- incorrect information about the work
- lack of employee signature
- incomplete name of the employer
- sending an employment record book to a dismissed employee by mail without a written statement from the employee
Russian legislation requires businesses to maintain a huge amount of personnel records: the employment record book movement book, personal files, internal regulations are just a small part of the documents that an organization should have in case of inspection by a supervisory authority.
Any of the mistakes can negatively affect the reputation of the manager and the organization as a whole, result in fines and even legal proceedings.
Any interaction between a company and its personnel in Russia must be documented in order to do it correctly and not create problems for yourself - knowledge, experience and constant law monitoring are needed. Trust your personnel records only to experienced specialists!
For more than 10 years the RAUIE has been helping foreign business to enter the Russian market and effectively solve any problems arise. We have already helped to establish personnel records and accounting for more than 50 companies with foreign capital.
If you still have questions or need advice, you can leave a request in the feedback form or contact our specialists:
Maxim Kuznetsov - vice-president of the RAUIE
investment@raspp.ru
WeChat: maximkuznetsov
