What should be in the HR department. We put the personnel papers in order. HR Specialist Job Responsibilities

31.03.2020

Do you want to put things in order in personnel work? Where to start in a new company, how to put things in order in an existing one? Follow expert advice. And without panic. You will succeed.

In practice, there are two situations:

In an existing company personnel records management "somehow" is conducted, no system, many violations. If you find yourself in such a situation, first assess the state of personnel documentation from the employer and issue the results of the check. Examples of memos from the article "" will help you. After checking, start restoring and systematizing the work according to the 8 steps from this article.
Newly established organization is just starting an activity or an individual entrepreneur has the first employee - it is better to immediately start personnel work correctly.

Step one...

Step 1. Organize HR records management. There are three ways

Determine the person responsible or responsible for the state of personnel records management at the employer. All employers are very different. They differ in the number of staff, field of activity, staff turnover, management approaches, economic opportunities. Answering a favorite HR question:

Are there standards for the number of personnel officers for the number of employees?

Alas, there is no universal formula that would suit everyone. The standards for personnel procedures, which are given in the Decree of the USSR Ministry of Labor of November 14, 1991 No. 78, are outdated. On average, the figure according to the standards currently ranges from 200 to 270 employees per personnel officer. But ideally, you need to calculate the time for paperwork directly with your employer.

3 ways to organize HR records management

Choose the appropriate method depending on the company's staff, staff turnover, economic opportunities:

Structural unit: for example, the personnel department headed by the head.
The only HR specialist.
Internal combination is when the work of conducting personnel records management is entrusted to an employee whose labor function is not initially related to personnel records, for example, an accountant or office manager. This method is most often found in small companies up to 100 people.

Combination is an assignment to an employee with his written consent additional work in another position, profession, specialty (Article 60.2 of the Labor Code of the Russian Federation). To apply for a combination, include the position in the staffing table. The rate may not be an integer, it is important to simply reflect the employer's need for the labor function of a HR record keeping specialist.

Typical misconception: the position for which the combination is issued is not included in the staff list. In the consent, write down the term, content and volume of the work performed and the amount of the additional payment.

At the first step, you need to decide how you were assigned to conduct personnel records management:

Your position is part of a structural unit, for example, the HR department.
You are the only specialist in personnel records management, you have an employment contract, and it is your responsibility to conduct personnel records management in full.
HR records management is registered for you in the form of a combination.

After your authority to organize and maintain personnel records has been verified, carefully study the constituent documents.

Step 2. Study the founding documents

First of all, pay attention to the name of the employer.

Typical mistake: in personnel documents, the name of the employer is not indicated in accordance with the constituent documents. For example, the charter contains the full and abbreviated name, and in personnel documents - only the full or only abbreviated name of the employer.

Study in the constituent documents the issue of the authority to make a decision on the conclusion, termination of employment contracts, according to the approval of local regulations. Determine who is the authorized person of the employer, if it is a legal entity.

Typical mistake in an employment contract: in the constituent documents, the head of the company is registered as an authorized person of the employer, in the employment contracts, the head acting on the basis of the charter is indicated in the preamble, and at the end employment contract the employer's signature is affixed by the head of the personnel department or deputy CEO etc., that is, not the leader himself.

Rule: who is indicated as an authorized person of the employer at the beginning of the employment contract, he signs it.

Step 3. Form a staffing table

Why is the staffing table one of the first documents directly related to the labor function of a personnel officer? The staffing table is a document of an organizational and administrative nature, which essentially answers the question: what kind of labor functions does the employer need.

Rule: outside the regular schedule, i.e. "outside the state" it is impossible to register a single employee. There, "outside the state" - only contracts of a civil law nature. All the needs of the employer in labor functions are determined by the staffing table.

A labor function is work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific view the work assigned to the employee (Articles 15, 57 of the Labor Code of the Russian Federation).

The staffing table can be approved in a unified form - form T-3 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1) or develop and approve your own form (preferably in the form of an annex to the organization's accounting policy). In the column "Number of staff units" you can indicate not the full rate, for example 0.25 or 0.5.

Who develops the staffing table?

In accordance with qualification handbook positions, the labor economist is engaged in the development of the staffing table. But not all employers have such happiness (a labor economist). Therefore, the one responsible for the development of the staffing table is the one in whose official duties includes the development of a staffing plan. It is approved by order and kept constant. Restrictions on the number of changes to the staffing table are not legally established.

Step 4. Determine the required number of local regulations

Local regulations- big topic. Most often, experts ask for a “magic pill of happiness” in the form of an exhaustive list of local regulations that are mandatory for them. But there is no universal, suitable list for all employers. There are a few rules to keep in mind:

Only employers classified as micro-entrepreneurship entities in accordance with Art. 309.2 of the Labor Code of the Russian Federation, may partially or completely abandon local regulations. Provided that they transfer those issues that should be resolved in local regulations to standard form labor contract. All other employers are required to have required amount local regulations.
There is a list of local regulations that are mandatory for all employers: the rules of internal work schedule(Article 189 of the Labor Code of the Russian Federation), local regulations establishing wage systems (Article 135 of the Labor Code of the Russian Federation), local regulations establishing the procedure for processing personal data, rights of employees, features of the transfer and storage of personal data (Chapter 14 of the Labor Code of the Russian Federation, the federal law dated July 27, 2006 No. 152-FZ).

Pay attention to the local normative act establishing the remuneration systems: as such, it may not exist in its own form, for example, in the form of a wage provision, if the remuneration systems are prescribed in the employer's internal labor regulations or collective agreement.

It is also mandatory to develop and approve a vacation schedule - no later than two weeks before the start of the calendar year for which it is drawn up. If the organization was created at the beginning or middle of the calendar year, you finalize this year without a vacation schedule. There may be local regulations that become mandatory upon the occurrence of certain conditions: for example, the regulation on business trips, the collective agreement, the regulation on attestation of employees, etc. It is in this matter that systemic, comprehensive knowledge of labor legislation as a whole is needed. In the advanced training course "" and the course professional retraining« » local regulations are given a separate lesson.

Local regulations are adopted taking into account the opinion of the representative body in accordance with Art. 372 of the Labor Code of the Russian Federation. This item is mandatory if there is a representative body of employees, but at the stage of organizing personnel records management, most likely, it is simply absent. If so, skip this paragraph.
With all adopted local regulations, the employee must be familiarized under the signature in accordance with Part 2 of Art. 22 of the Labor Code of the Russian Federation. Newly hired workers must be familiarized with a signature before signing an employment contract (Article 68 of the Labor Code of the Russian Federation).

Step 5. Check how the manager is recruited

The leader is the key person in the organization. First of all, check all the documents for its design. There must be a response to a request from the register of disqualified persons maintained by tax authorities. This is a requirement of Part 2 of Art. 32.11 of the Code of Administrative Offenses of the Russian Federation.

The head has a dual legal status:

is the sole executive body of a legal entity;
performs the duties of an employee labor function leader.

The manager must be issued documents on the appointment (election) of his general director in accordance with federal laws and constituent documents and documents in the framework of labor legislation: an employment contract, an order for employment. An entry must be made in the work book.

Beginning specialists, and even experienced ones, sometimes ask the following question: how to make an entry in the work book about hiring a general director? The answer lies on the surface: a work book is the main document confirming exactly seniority, and information on employment is entered in the work book, and not on the procedures for election or appointment. Therefore, after concluding an employment contract, issuing an order for employment, make an entry in the work book specifically about employment with a link in column 4 to the details of the order for employment.

Common Mistake in the execution of an employment contract with the head: the term of the employment contract does not correspond to the term of his powers as the sole executive body in accordance with the constituent documents. At the stage of concluding an employment contract, carefully study the constituent documents in order to prevent such a mistake.

Step 6. Prepare a draft employment contract

An employment contract is one of the main documents in regulating labor relations with employees. I recommend that you carefully consider and develop templates for employment contracts for hiring different categories of workers.

Based on the results of inspections by the State Inspectorate, the employment contract also becomes the most expensive document in personnel records management in terms of penalties. Responsibility is provided for under Part 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for legal entities, for example, from 50,000 to 100,000 rubles, and sometimes inspectors multiply the fine by the number of employment contracts.

A standard form of an employment contract has been developed and approved only for heads of state (municipal) institutions and employers, small businesses classified as microentrepreneurs. In other cases, employers independently develop the form of an employment contract.

surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer- individual) who have entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, except for employers who are individuals who are not individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.

As a rule, this information is entered in the preamble to the employment contract, or some of the information remains in the preamble, and some is transferred to the last page of the employment contract.

Example:"Society with limited liability“Interest” (TIN 1234567890), hereinafter referred to as the “Employer”, represented by Deputy General Director P.S. on the one hand, and a citizen Russian Federation Veselov Nikolai Sergeevich (passport series 0477, No. 123456 issued by the Federal Migration Service for the South Administrative District of Moscow on August 20, 1997), hereinafter referred to as the “Employee”, on the other hand, in accordance with the labor legislation in force in the territory of the Russian Federation, have concluded this employment contract on the following ..."

Recommendation 2 Remember about the mandatory terms of the employment contract - they are listed in Part 2 of Art. 57 of the Labor Code of the Russian Federation. But not all of them are always required! Some are required under certain conditions:

the term of the employment contract and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code or other federal law (specify only when concluding a fixed-term employment contract);
guarantees and compensations for work with harmful and (or) hazardous conditions labor, indicating the characteristics of working conditions at the workplace (indicate only if you hire an employee with harmful or dangerous working conditions);
mode of working time and rest time (include in the employment contract only if the mode differs from general rules operating with the employer);
conditions that determine the nature of the work (travelling, mobile, on the road).

Recommendation 3 Consider the articles of the Labor Code that establish the specifics of regulating labor relations with certain categories of workers, or the norms of federal laws that regulate your type of activity. When developing a draft employment contract, do not use sources of dubious origin from Internet resources.

Look at different sources and, having passed them through the “prism” of Article 57 of the Labor Code of the Russian Federation, develop your own form.

The employment contract can include additional, named in Part 4 of Art. 57 of the Labor Code of the Russian Federation, and other conditions. But for their absence, the employer will not be held responsible.

If the activities of employees are related to the maintenance of material assets, I recommend immediately developing and preparing a template for an agreement on full liability. Then you can sign it at the same time as the labor one.

There is a separate detailed lesson on liability in Kontur.School. In the lesson program:

Liability of an employee: grounds, terms and procedure for involvement.
Cases of full liability of the employee.
Agreement on full individual or collective liability.
Employer liability for delay wages, vacation pay, other amounts due to the employee.

Step 7. Prepare documents for maintaining employment records of new employees

To get started, prepare an order appointing a special authorized person responsible for maintaining, storing, recording and issuing work books.

Remember that forced labor is prohibited. If the duties of maintaining, accounting, storing and issuing work books were not prescribed in the employment contract or the job description of the responsible person, it is necessary to supplement the employment contract with these duties by agreement or amend the job description. If such responsibility will be assigned to an employee whose function does not include personnel records management, for example, to the chief accountant, I recommend that you first draw up a combination agreement, i.e. on entrusting the employee with additional work with his written consent with an additional payment in accordance with Art. 151 of the Labor Code of the Russian Federation.

At this stage, also check that the organization has purchased and accounted for in the income and expense book for accounting for the forms of the work book and the insert in it, the forms of work books and inserts in it. The employer is obliged to constantly have the required number of work book forms and inserts in it (clause 44 of Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, hereinafter - Decree No. 225).

Store forms of work books and inserts in the accounting department as forms strict accountability. The income and expense book is also kept by the accounting department (see clause 41 of Resolution No. 225). At this stage, also issue a book of accounting for the movement of work books and inserts in them. It is run by the Human Resources Department.

The income and expense book for accounting for the forms of the work book and the insert in it and the book for accounting for the movement of work books and inserts in them must be numbered, laced, certified by the signature of the head of the organization, and sealed with a wax seal or sealed.

Electronic work books. SZV-TD report. Changes

From January 1, 2020, employers have an obligation to provide the FIU with information about labor activity in the form of SZV-TD, if:

the employee was hired, constantly transferred, fired, or if the employee submitted an application that he continued to keep a paper work book or that he chooses an electronic form.

Read about the changes in the articles:

Step 8. Prepare documents for conducting personnel work

Registration of personnel procedures begins with the registration of employees for work.

What mandatory documents should be at hand at the personnel officer at the stage of registration of employees for work?

Typical kit (excluding features):

A set of local regulations to familiarize employees with them.
A draft employment contract with job responsibilities included in it or in the job description.
Form of an order for employment (Article 68 of the Labor Code of the Russian Federation). The order can be in a unified form - form T-1 (form T-1a) or in a form approved by the employer.
Forms of a personal card in the form T-2 (for state or municipal employees, form T-2 GS (MS). Please note: a personal card T-2 (T-2GS (MS) is kept in writing on cardboard.

Records about the employee, about hiring, permanent transfers, dismissals of the employee must be introduced under the signature in the relevant sections of the personal card (clause 12 of Resolution No. 225).

What to consider according to work books at this stage? Write an application to the accounting department with a request to issue a work book form if the employee does not have one, or enter information about the work book he has in the book of accounting for the movement of work books.

Organize a record of working time: the employer is obliged to keep records of the time actually worked by the employee (Article 91 of the Labor Code of the Russian Federation). For these purposes, you can use unified forms time sheet T-12 or T-13 or approve your form.

How to make changes to the employment contract?

Prepare documents:

Agreement on changing the terms of the employment contract / supplementary agreement to the employment contract (if the change in the terms of the employment contract occurs by agreement of the parties in accordance with Article 72 of the Labor Code of the Russian Federation).
An order to change the organizational or technological working conditions, written notices of changes and reasons that served as the basis for changing the terms of the employment contract, written proposals for another vacant job corresponding to the qualifications of the employee, as well as a vacant lower position or lower-paid job (if the change in the terms of the employment contract occurs according to employer's initiative in accordance with Article 74 of the Labor Code of the Russian Federation).

The list of documents for processing a translation depends on the type of translation:

at temporary transfer an additional agreement is concluded to the employment contract on the transfer, an order for the transfer is prepared (as a rule, in the form T-5 or T-5a);
at permanent translation– an additional agreement to the employment contract on transfer and an order on transfer. An entry is also made in the work book and in the personal card T-2 (T-2GS (MS).

List of documents for registration of holidays:

vacation schedule (approved no later than two weeks before the start of the calendar year). Read the article "";
written notices to employees about the start time of vacation in accordance with Part 3 of Art. 123 of the Labor Code of the Russian Federation (see the Letter of Rostrud dated July 30, 2014 No. 1693-6-1);
leave order (form T-6, form T-6a).

This list may vary depending on the categories of workers or circumstances. For example, if an employee asks for leave not according to the vacation schedule, but at a convenient time for him on the basis of his written application (for example, such leave is granted to minors, Honorary donors of Russia, etc.). In this case, there will be no vacation notice. The employee will write a statement, and the employer will issue an order.

Labor legislation establishes requirements for the availability and execution of personnel documents in cases where the employer:

attracts employees to work outside the established working hours;
attracts to work on weekends and non-working days holidays;
sends employees on business trips;
provides guarantees and compensation. This block of questions should be studied separately. We recommend that you familiarize yourself with the professional retraining program "" in the Circuit. School.

How to file an employee layoff

In this case, ground documents are needed, the type of which depends on the grounds for dismissal. For example, for the dismissal of an employee on his initiative, his written statement is required, for dismissal by agreement of the parties - an agreement on termination of the employment contract, etc.

Without fail, prepare an order for dismissal, with which you familiarize the employee under signature. If the employee is absent or refuses to read the order, mark the order accordingly.

Based on the order, make an entry in the work book and in the employee's personal card. After that, the employee puts his signature in the work book, personal card and in the book of accounting for the movement of work books when issuing a work book to the employee.

Develop a staffing table, determine the needs of the employer in labor functions.
Check how the documents for the head are drawn up.
Prepare a set of required local regulations.
Develop employment contract templates for different categories of workers.
Prepare the documents required for applying for a job.
Prepare draft documents for registration of procedures related to the movement of personnel (holidays, business trips, recruitment to work on weekends, etc.).

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It is important for each employee to have documentary confirmation of the fact of their labor activity at the enterprise. First of all, it can help confirm the length of service. The larger it is, the higher the sick leave payment, and in the future - the amount of the pension. The list of mandatory personnel documents drawn up at the conclusion of a working relationship is as follows:

labor contract. See the material for the execution of the contract;
employment history. We wrote about the filling rules in the article;
medical book. It is necessary if the work of an employee is associated with harmful or dangerous working conditions. About that, and, you will learn by clicking on the links;.
documents on education to determine whether the education of the future employee meets the requirements. We also suggest that you familiarize yourself with the material on how to deposit;
in the form of T-1;
employee's personal card (T-2 form). The form of this form can be found in our article.

Do not forget that each new employee should be familiarized with the signature and carried out for him in a timely manner!

Documents in the course of work

In the course of employment, an employee may be transferred to new position. In this case, the following papers are drawn up:

order on the basis of which the employee is transferred (form T-5). You can get acquainted with how a sample of filling out this form looks like in;
supplementary agreement. For example, with or .

To release an employee for vacation, the employer issues a leave order, drawn up in the T-6 form. How to fill it out, you will learn from the article. We also suggest that you familiarize yourself with information on how to issue.

Documents upon dismissal

To document the termination of an employment contract, the following papers are required:

letter of resignation (if the employee decided to leave the company on his own initiative). , read in our text;
termination agreement. We suggest that you familiarize yourself with, as well as terminate the contract;
a dismissal order drawn up in the form T-8 or T-8a (if the contract with several employees is terminated). You can learn about the filling rules from the material.

Local acts

Any company can adopt its own local regulations, which should not contradict the laws of the Russian Federation. The purpose of such documents is to improve working conditions and increase the level of discipline at the enterprise. The absence of local acts, as well as their incorrect execution, can lead to adverse consequences for the employer. What are the mandatory personnel documents in the organization should be prepared:

staffing (form T-3). More details in the article “;
, on the basis of which the control of the number of hours worked and the calculation of wages takes place (forms T-12 and T-13), etc.

These mandatory documents must be accepted by the management large organizations as they form the basis of labor relations.

Micro-enterprises can afford simplified personnel records. They are allowed to use a standard employment contract,.

Responsibility for improper maintenance of personnel records

Correct and timely preparation of personnel documents is the direct responsibility of the employer. If the mandatory personnel papers are not properly executed, he may be held liable.

The following methods of punishment related to office work in the personnel sphere can be distinguished:

disciplinary action under Art. 193 Labor Code of the Russian Federation, the maximum measure for which is dismissal;
in accordance with the provisions of the Code of Administrative Offenses of the Russian Federation - the norms for bringing to administrative responsibility for the lack of documents are reflected in Art. 5.27, 5.27.1 of the Code of Administrative Offenses.

Besides:

Art. 13.20 Administrative Code punishes 300-500 rubles. officials for violating the rules for storing documents;
Art. 5.39 imposes a fine of 1000-3000 rubles. on responsible persons for failure to provide the requested personnel records information to an employee, for example, for refusing to issue a copy of the work book.

In accordance with the Criminal Code of the Russian Federation:

Art. 137 of the Criminal Code of the Russian Federation provides for punishment in the form of a fine of up to 350,000 rubles. or correctional labor for disseminating personal information about an employee;
Art. 183 of the Criminal Code of the Russian Federation applies measures in case of disclosure of trade secrets.

Personnel records management of the company is carried out by the inspector of the personnel department, in other words, the inspector for personnel or personnel officer. A decree of the Ministry of Labor dated 21 August 1998 detailed his day-to-day duties. At the same time, specialized single directory by qualification indicates about 15 professions, guided by the job description of the personnel officer. It clearly defines the boundaries of interaction with personnel, the main responsibilities, requirements and functions, as well as the rules and procedures for maintaining documentation. Despite the fact that this is his main and fundamental task, he can also participate in solving other tasks in the management of employees. It all depends on the requirements that the specialist is put forward by this or that organization in which he carries out his work.

Job requirements for a HR officer

A personnel officer can be called a personnel department specialist, personnel inspector, head of the personnel department, and also, to one degree or another, connect a dozen more professions with this name. But despite the general focus in working with personnel documents, there are significant differences. Let's take a look at them.

Requirements for a Human Resources Specialist

The job description of a specialist in the personnel department is developed by the head personnel service. And it is approved by the top management of the organization. It clearly spells out the duties, powers, functions of a specialist, indicates the internal regulations of the organization. A person who has sufficient professional training, one year of work experience and the necessary education can become a specialist.

Since this specialty provides access to confidential information the employee is responsible for their actions. And in the event that his actions caused damage to the company, he will be liable in accordance with applicable law.

The Human Resources Specialist performs the following tasks:

Registration of documentation when hiring or dismissing personnel, transferring them to other staff units in accordance with the labor code and the order of managers.
Accounting for the work and changing any data of employees at all levels in accordance with documentary standards, and making these changes to the personnel databases.
Collection of data for certification or for advanced training.
Management of the mechanism of encouragement and punishment.
Conducting personal files of employees, collecting personal information.
Preparation of work books and contracts.
Development of a schedule and monitoring of its implementation.
Determination of vacation periods and monitoring their implementation.
Maintaining archive documentation.

Requirements for a Human Resources Inspector

Job responsibilities include:

Maintaining documentation on the acceptance and dismissal of employees, job changes.
Maintaining personal files of staff, making changes and additional data.
Registration of work books and their storage.
Dealing with sick leave, vacations and benefit payments. monitoring of their compliance.
Processing documentation for calculating pensions, work benefits and compensation.
Entering changes in personnel data into the database.
Revealing possible problems in the team and the reasons for the "turnover" of personnel.
Working with the archive.

At first glance, there are few differences between the specialty "HR inspector" and the profession "HR specialist". But they are: a person with a secondary education can be accepted for this position. Seniority is not one of the main requirements and may not be taken into account at all.

The duties of the inspector include the selection of personnel for open vacancies in accordance with the professional requirements put forward.

Requirements for the Head of Human Resources

borrow leadership position only if you have a higher education and at least three years of work experience in a similar position. A person is appointed to the position of chief by order of the supreme leader. After that, he remains accountable directly only to the head of the company. Its activities are carried out strictly within the framework of the internal charter of the organization, the labor code, civil law and other legal documents, based on the job description.

Job responsibilities:

Development and monitoring of compliance personnel policy organizations.
Monitoring the need to update the working staff.
Management of staff units according to the available powers.
Carrying out certification and analysis of its results.
Improving existing mechanisms for dismissal, hiring or moving personnel to other positions.
Improving the system of interaction between personnel.
Monitoring the performance of the duties of the personnel department.
Monitoring the execution of awards and incentives.
Implementation of measures to establish labor discipline, increase the level of motivation of employees for their direct work activities.

The head of the human resources department prepares and reviews internal information that is intended for senior management. It is also within his competence to conduct consultations in accordance with the direction of his position. The high level of training of the head of the personnel department is evidenced by his knowledge of the legal documents of the Russian Federation, various methods for assessing the work of personnel, understanding the structure of the organization, knowledge of the requirements for filling out and processing documentation, existing labor standards. The instruction, which spells out all the duties of the head of the personnel department, the inspector and the specialist in working with personnel, is drawn up according to the model for each category. And signs in the process of applying for a job.

In order to apply for a HR position, you must:

Provide everything Required documents, depending on the position chosen, including: a diploma of the necessary education, documents confirming the length of service, and so on.
A completed application form.

According to the general model of the job description, the personnel officer belongs to specialists. His appointment or dismissal from his post takes place on the basis of the order of the general director of the organization on the proposal of the immediate superior.

Earlier in the article, we considered the requirements for applicants for each possible position. Depending on the category (inspector, specialist or supervisor), when hiring, the immediate supervisor monitors their compliance.

In the event that the personnel officer is temporarily unable to fulfill his duties, they will be performed by a person replacing him.

The recruiter should be aware of the following:

Legal and legislative documents, in any way related to the labor process, the process of maintaining and managing the personal files of employees, issuing pensions, maintaining work books and concluding employment contracts.
The structure of the company and the ways in which personnel interact within it.
current labor law.
Rules for working with personnel and preparing reports.
Rules for maintaining personal data of employees.
The procedure for maintaining pensions, vacations, accrual of benefits, compensations, etc.

In accordance with the law, the Regulations on the personnel department of the organization itself, its charters, internal regulations, orders of the management and job description, the activities of the personnel officer are carried out.

In accordance with the existing and established basic duties and rights prescribed in the Decree of the Ministry of Labor of August 21, 1998, the organization draws up a job description for the positions held. It may include additional clauses on processing or vacation conditions, a schedule, additional requirements and other important conditions.

The development of instructions is carried out by the top management of the organization, his deputies or direct superiors of personnel officers. In the process, it is agreed with lawyers, signed and comes into force.

Here is an example of a sample job description, on the basis of which an organization can draw up its own version:

As can be seen from the instructions, the personnel specialist should not only be engaged in the selection and placement of employees, but also in other activities.

An equally important point that must be indicated in the instructions is the rights of the employee.

And no less important section is the responsibility of a specialist, since he works mediocrely with personal affairs and has confidential information.

Human Resources Specialist Rights

When compiling instructions, this is an important point, which should not be omitted. Despite the fact that the coordination of the drafted job description with representative bodies for the protection of personnel is not provided for by the legislation of the Russian Federation, approval usually takes place with the legal department in order to avoid violating the rights of employees.

The personnel officer has the following rights:

To get acquainted with the existing documentation and decisions of the company's leaders directly related to its activities.
Have access to information that is necessary for the performance of his job duties.
Put forward proposals for improving the work and conditions directly related to the performance of its activities.
Receive full quality organization of technical and informative conditions for the performance of duties.

Responsibility of the Human Resources Specialist

The personnel officer is liable in accordance with the legislation of Russia for violation of his direct duties:

In case of non-fulfillment or poor-quality performance of their immediate duties.
In case of violation of the instructions and orders of the organization, labor regulations and due discipline.
In case of violation of trade secrets or disclosure of personal data of personnel.

The head of the company or the head of the personnel department, whose task is to regulate the activities of the personnel department, can be held liable for:

Lack of formalized contracts with employees.
Lack of personal matters.
No vacation schedule.
Lack of documentation on labor protection.

Features of the profession faced by the personnel officer

The personnel officer, despite the extensive list of his duties, is primarily involved in maintaining documentation in a particular organization. These are orders, employment contracts, regulations, statements of employees, military registration, pension, preferential, etc.

What are the characteristics of a specialist in this position?

The positive ones include:

Labor mode. In rare cases, processing may occur. Basically, this is a standard schedule with fixed usual days off (Saturday and Sunday), as well as non-working days on public holidays. Most often work from 9:00 to 18:00, including a lunch break.
A stable social package that includes all the necessary payments.

In small organizations, the rights of employees may be violated, there may be no social package or official registration. Therefore, when applying for a job, you need to give preference only to trusted companies that care about their employees.

Paper work without much mobility.
Opportunity for advancement and high pay.
Office work.

The negatives include the following:

In addition to immediate duties, a large amount of additional, not always directly related to the specialty.
Being between employees and superiors. This can be a disadvantage when you have to resolve negative situations.
For some, paperwork in the office will seem like a minus.
Monotone.
Possible disagreements in the work with accounting.
Responsibility in case of dishonesty of the accepted employee.

An HR employee constantly encounters new people, and must have communication skills, be able to organize people and his work, be friendly and at the same time possess in modern ways staff assessments. He must have the skills of mutual understanding, and base his work on mutual cooperation. In addition, in his work, the personnel officer constantly encounters interactions with third-party organizations. Such as the Pension Fund, the State Labor Inspectorate and others).

The competence of a specialist in this field also depends on his ability to use equipment and automation tools.

Conclusion

Summing up, we can say that the profession of a personnel officer is significant and important in the current modern world. He deals not only with the selection of personnel for the company, but also with a large amount of documentation. Basically, this work is connected precisely with her: archiving, personal files, documenting admission, dismissal and movement to other positions of employees, military registration, registration of pensions, vacations and schedules. This profession is suitable for those who like inactive work in a cozy office.

Despite this, the position of a specialist in the personnel department implies the following skills: communication skills, goodwill, organizational skills, good knowledge legislation, which in one way or another relates to labor office work.

The personnel department also has a choice of vacancies: inspector, specialist and chief. Each involves its own level of certain skills and qualities. For example, only an applicant who has higher education and have experience in a similar position. Without experience, you can become an inspector, and then move up the career ladder.

As for any other specialty, for a personnel officer there is an established template for a job description, on the basis of which various organizations approve their own. At the same time, they indicate additional conditions depending on the detail of the company, the requirements for the profession and obligations. Also, they spelled out all the rights of the employee, responsibility and conditions of cooperation.

In this video, you can get acquainted with the features of the profession of a personnel specialist, and, perhaps, learn something new for yourself that was not considered in the article:

Any personnel officer, getting a job in new organization, will inevitably face the need to quickly establish personnel records. It is good if the previous specialist leaves behind the documents in order. But there are also cases when personnel work has to be started almost from scratch. What documents regulate the main issues of personnel work? How to check if there are enough local acts in the company? Why Design Samples personnel decisions is it better to take from the resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1?

What regulations should a personnel officer know

In most organizations, the work of an employee of the personnel department is not limited to the need to conduct personnel records management (register for admission, transfer, dismissal, vacations, business trips, etc.). Often, personnel officers have to be directly involved in the development of local regulations governing labor Relations between employee and employer. In addition, the personnel officer is often assigned the responsibility of preparing for inspections by various bodies (the state labor inspectorate, the prosecutor's office, the military registration and enlistment office, Roskomnadzor, the Pension Fund of the Russian Federation, etc.). In this regard, he must know not only Labor Code, but also a number of regulations that directly or indirectly relate to personnel work.

All these acts can be conditionally divided into certain groups (table on page 60). Most of them are mandatory for all organizations, regardless of the legal form or form of ownership. For their violation, the employer may be held administratively liable.

What local acts should be in the organization In addition to acts of the federal level, the activities of the personnel department of any company are regulated by local regulations (Article 8 of the Labor Code of the Russian Federation). The law does not contain a list of local acts on personnel records, which must be in an organization. However, some of them are mentioned in the Labor Code, which makes them mandatory.

- internal labor regulations (paragraph 3 of the second part of article 21, paragraph 5 of the first part of article 22 of the Labor Code of the Russian Federation);

- staffing (Article 15, paragraph 3, part two, Article 57 of the Labor Code of the Russian Federation, paragraph 1 of the letter of Rostrud dated March 22, 2012 No. 428-6-1, paragraph 11 of the letter of Rostrud dated October 31, 2007 No. 4414-6);

- vacation schedule (Article 123 of the Labor Code of the Russian Federation).

In addition, the law expressly states that the employer must develop local acts on wages (part two of article 135 of the Labor Code of the Russian Federation), the processing of personal data of employees (art. 87 of the Labor Code of the Russian Federation) and the approval of labor protection instructions (paragraph 23 of part 2nd article 212 of the Labor Code of the Russian Federation). If necessary, the company must have acts fixing the list of employees with irregular hours (Article 101 of the Labor Code of the Russian Federation), the procedure for dividing employees of additional vocational education(part two of article 196 of the Labor Code of the Russian Federation).

Specific list of local normative documents each company determines independently (diagram on page 63). The list of acts provided in the scheme is not exhaustive. The specifics of the organization may imply the existence of other local documents. As a rule, the list of acts is approved by order (sample on page 62).

Related Documents

List of regulations on which personnel work is based

Scope of regulation	Name of the normative act
	General issues labor law
Basic rules and principles of relations between an employee and an employer, the procedure for formalizing personnel procedures, providing guarantees, compensations, including certain categories employee	Labor Code of the Russian Federation No. 197-FZ dated December 30, 2001 (hereinafter referred to as the Labor Code of the Russian Federation)
	HR records management
The procedure for processing personnel documents (orders No. 402-FZ "On accounting" for personnel, staffing, vacation schedule, etc.)	Article 9 of the Federal Law of December 6, 2011
	Unified forms of primary accounting documentation for accounting for labor and its payment, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1 (if the employer continues to apply them in accordance with the local act)
	GOST R 6.30-2003 “Unified system of organizational and administrative documentation. Requirements for paperwork”, approved by the Decree of the State Statistics Committee of Russia dated March 3, 2003 No. 65-st
Rules for the maintenance, storage and accounting of work books	Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225
	Instructions for filling out work books, approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69
Creation of an archive in the organization in accordance with the rules for accounting, storage, acquisition and use of archival documents	Federal Law of October 22, 2004 No. 125-FZ “On Archiving in the Russian Federation
	List of typical managerial archival documents generated in the course of activities government agencies, organs local government and organizations, indicating the periods of storage, approved by the order of Russia dated August 25, 2010 No. 558
	sick leave
The procedure for filling out a sheet of temporary disability, registration of leave	Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”
	Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n “On approval of the form of the sick leave form”
	Personal data
Working with personal data of employees of the organization	Federal Law of July 27, 2006 No. 152-FZ "On Personal Data"
	military registration
Maintaining military records in organizations, the rights and obligations of managers and responsible persons in the field of military records	Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service"
	Regulations on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719
	Guidelines on maintaining military records in organizations approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008.
	Interaction with the FIU
The procedure and amount of insurance contributions to the Pension Fund for mandatory pension insurance of employees	Federal Law of December 15, 2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation"
	Interaction with the FMS of Russia
The procedure for issuing a work permit, labor regulation with foreign employees	Federal Law of July 25, 2002 No. 115-FZ “On legal status foreign citizens in the Russian Federation"
	Federal Law of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”
	Order of the Federal Migration Service of Russia No. 147 dated June 28, 2010 Procedure and terms of carrying out Administrative regulations approved by the order of inspection by the Federal Migration Service of the Ministry of Internal Affairs of Russia No. 338, the Federal Migration Service of Russia No. 97 dated April 30, 2009
	Checks
The procedure for conducting inspections by state and municipal authorities	Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and individual entrepreneurs in the implementation state control(supervision) and municipal control”

Local acts can be called in different ways: regulations, instructions, rules, regulations, etc. The main thing is that the norms of these acts do not contradict the current labor law and did not worsen the situation of workers. In addition, it is important to follow the procedure for their adoption (parts two, three, article 8 of the Labor Code of the Russian Federation). Otherwise, such documents are not subject to application (part four of article 8 of the Labor Code of the Russian Federation). Changes to the local normative act are made in the same order in which it was approved.

It is better to entrust the development of local acts not to one employee, but to a working group. The composition of the group and its powers should be fixed in the order (sample on page 64). Employees must be familiarized with the document against signature (paragraph 10, part two, article 22 of the Labor Code of the Russian Federation).

Where to start the audit of local acts of the company

First, you need to check whether all the required documents are available and make a list of them. If the company does not even have mandatory local acts, then they need to be developed first.

Secondly, it is important to pay attention to the correctness of the preparation of documents in terms of office work and compliance with current legislation.

Thirdly, it is necessary to check whether the order of acceptance is observed local act. So, if the company has trade union organization, then the document must have a mark on agreement (taking into account opinions) with the trade union (Article 372 of the Labor Code of the Russian Federation).

Fourth, you need to find out what documents are missing. It is very easy to determine such acts if you first draw up and approve by order a list of documents that are mandatory for a particular organization.

Not only provisions, instructions and orders are subject to verification, but also all documents on personnel records and personnel management. The presence and compliance with the legislation of labor contracts, the correctness of keeping personal files of employees, filling out work books and inserts in them, magazines are assessed registration of orders for personnel, etc.

Do not try to cover the entire scope of work at once. Prioritize and act progressively. For convenience, it is recommended to group standard documents into electronic and paper folders.

Remember the main thing

The experts who took part in the preparation of the material note:

Alexander TIMOSHENKO, Head of Human Resources Department, Legal Counsel of Aral Plus CJSC (Odintsovo, Moscow Region):

– The fundamental document in the work of any personnel service is the Labor Code of the Russian Federation. Taking into account the specifics of the organization's activities, the personnel officer may be required to know other legal and by-laws, the ability to track and take into account judicial practice and current changes in labor legislation.

Maria MASYUTINA, Senior Associate, Labor Law Practice, ANKOR Human Resources Holding (Moscow):

- The personnel officer needs to familiarize himself with the resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. It contains templates for the majority of primary personnel documents that will be useful for processing orders, staffing, etc.

Natalia RYZHKOVA, HR and HR Documentation Manager, BDO Unicon Outsourcing (Moscow):

- Such local acts as the Internal Labor Regulations, staffing, vacation schedule, Regulations on personal data, Regulations on bonuses (in cases where the organization has a motivation system) have all the features of regulatory legal acts. Their presence in the organization and knowledge is mandatory.

Alena SHEVCHENKO, lawyer, expert of the Kadrovoe Delo magazine:

– When auditing local acts, pay attention to the compliance of their provisions with current labor legislation. Local norms of the organization do not apply if they infringe on the rights of employees in comparison with the Labor Code. This means that the labor inspectorate has the right to demand in an order that the company exclude such norms from the employer's document.

MANDATORY LOCAL REGULATIONS

First of all, you need to remember that the current Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) requires that a number of local (i.e. local) regulatory documents be created in the organization.

Mandatory local regulations are:

Rules of internal labor regulations (PWTR).
Regulation (or instruction) on the protection of personal data of an employee.
Safety instructions.
Staffing table (unified form T-3).

All these documents are valid until replaced by new ones.

The vacation schedule (unified form T-7), in accordance with Article 123 of the Labor Code, is drawn up annually, no later than two weeks before the start of the calendar year, and is a document that is mandatory for both the employer and the employee (with the exception of privileged categories of employees) .
A shift schedule is necessary in those organizations where shift work is used.
The regulation on labor rationing and the regulation on production standards should be drawn up in those organizations where the piecework form of remuneration of workers is used.

OPTIONAL LOCAL REGULATIONS

In addition to the listed documents, the organization, at its discretion, may create other documents - optional local regulations. In particular, these may be:

provisions for structural divisions approved by the director of the organization;
job descriptions for employees and labor (or work) instructions for workers;
instruction on personnel records management is a very useful tool for an employee performing the functions of a personnel officer, as it greatly facilitates his interaction with linear and functional managers;
album of forms of documents on personnel records;
regulation on certification - if the organization conducts periodic certification or certification based on test results;
staff regulations;
collective agreement.

All these documents are also valid until replaced by new ones.

DOCUMENTS FORMING RELATIONS WITH EMPLOYEES AND CONTAINING INFORMATION ABOUT THEM

These documents include:

first of all, it is an employment contract, drawn up, in accordance with articles 57 and 67 of the Labor Code of the Russian Federation, in writing, in two copies. One copy of the employment contract is issued to the employee against receipt, and the second copy is kept by the employer - either in the employee's personal file or in the "Employment contracts with employees" file;
then a personal card is issued for each employee (unified form T-2). Personal cards can only be kept in a separate file;
personal files of employees are not required, but since this is a very convenient dossier for each employee, most personnel officers draw up them. We repeat that we are not obliged to keep personal files, but if such a decision is made, then it is necessary to keep them according to the strict rules provided for processing personal files. However, you can simply arrange files or folders for each employee for the convenience of the personnel officer. These folders contain copies of all documents related to specific employees;
work books employees are documents of strict accounting and reporting, therefore, they must be kept in a safe, permanently locked with a key. Work books are drawn up in strict and strict accordance with the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 2003. No. 69.

STAFF ORDERS

The employee responsible for the conduct of personnel records management is obliged to prepare draft orders for personnel and organize their endorsement by the relevant officials and signed by the head of the organization. Personnel orders must be kept and registered separately from personnel orders. These include orders for which the State Statistics Committee has developed unified forms:

on hiring an employee - form T-1;
on hiring workers - form T-1a;
on the transfer of an employee to another job - form T-5;
On the transfer of employees to another job - form T-5a;
on granting leave to an employee - form T-6;
on granting leave to employees - form T-6a;
on termination (termination) of an employment contract with an employee (dismissal) - form T-8;
on termination (cancellation) of an employment contract with employees (dismissal) - form T-8a;
about sending an employee on a business trip - form T-9;
on sending employees on a business trip - form T-9a;
on the promotion of an employee - form T-11;
on employee incentives - form T-11a.

In addition to these orders, personnel officers have to draw up free form(or create your own unified forms for them) the following types of orders:

on combining positions (professions);
on the replacement of a temporarily absent employee without release from basic duties;
on the imposition of penalties;
on early withdrawal of penalties;
on changes in the employee's personal data;
on the assignment of a rank;
about attraction to overtime work;
on attraction to work on weekends (holidays);
about duty;
on the establishment or removal of personal allowances;
about changing the mode of operation.

ORDERS ON THE MAIN ACTIVITIES AND OTHER DOCUMENTS

I would especially like to say that personnel officers have to prepare a number of orders for their core activities. Of course, these orders will be registered and stored along with other orders of this category, but their preparation and further work with them is the responsibility of the personnel officer. These are, in particular, orders:

on the approval of the staffing table;
on changes to the staffing table;
on making changes (additions) to the vacation schedule;
on amendments (additions) to local regulations;
on the annulment of illegally or erroneously issued orders on personnel, etc.

We have already named some unified forms for personnel records that should be in every organization. (Note that in an article addressed to readers who are engaged in personnel work, we do not consider payroll documents. This is a topic for conversation with accountants). However, in addition to them, any personnel officer should be able to draw up

travel certificate - form T-10;
job assignment - form T-10a;
a note-calculation on granting leave to an employee - form T-60 (front side);
a note-calculation upon termination (termination) of an employment contract with an employee (dismissal) - form T-61 (front side);
an act on the acceptance of work performed under an employment contract concluded for the duration of a certain work - form T-73 (this type of fixed-term employment contract is extremely rare, therefore even experienced personnel officers with many years of work experience often did not have to deal with form T-73 ).

REGISTRATION OF DOCUMENTS

There are currently three ways to register:

the simplest - in magazines;
more perfect - with the help of a file cabinet;
and the most perfect, convenient, fast - with the help of appropriate computer programs.

Secretaries are free to choose the most appropriate for them in each particular case, the method of registration of documents relating to the main activities of the company. But the registration of personnel documents can only be carried out using magazines. In the event of a labor dispute, a court or the state labor inspectorate may not recognize computer registration. But it is necessary to prove that this or that document was created really on the day indicated in the "date" props! The outcome of the case depends on this.

So, what kind of registers of registration of personnel documents must be in the organization:

The register of employment contracts (which can be registered as orders - during the calendar year, starting from the new year, starting the numbering again. Or you can, as they are registered, for example, staffing tables- for the entire period of the organization's activity, i.е. from the very first employment contract, concluded sometime with the first employee, and up to the very last, which will someday be concluded, apparently, shortly before the liquidation of the company);
register of personal cards (T-2);
register of personal files of employees (if they are kept);
logs for registering orders (the number of logs is determined depending on the size of the personnel workflow. All personnel orders can be registered in one or more logs - up to the point that for registration different types orders, different magazines can be used);
journal of registration of acts (on refusals to familiarize themselves with documents, on absenteeism, on violations of internal labor regulations, etc.);
a book of accounting for the movement of work books and inserts to them (it is stored, like work books, in a safe).

On an optional basis (but this is very useful from the point of view of proof), logs are kept of employees' statements, reports and explanatory notes related to staffing.

Books of account are needed to record:

overtime work;
used and unused days of annual paid leave
time off provided to employees, etc.

Card index of warnings

In many cases, the Labor Code requires employees to be warned in time about the occurrence of certain events. Therefore, it is extremely useful to keep a file of warnings (paper or in in electronic format) about these events:

expiration of the test period (dismissal of employees who did not pass the test is possible only if they were warned about this in writing, indicating the reasons for at least three days in advance - article 71 of the Labor Code of the Russian Federation);
expiration of the employment contract (it is also necessary to notify the employee in writing at least three days before dismissal - article 79 of the Labor Code of the Russian Federation);
annual paid vacations (the employee must be notified of the start time of the vacation no later than two weeks before it starts - Article 123 of the Labor Code of the Russian Federation);
in addition, you can make "reminders" about any other events (birthdays of employees, etc.) for the convenience of work.