home · Investments · The employee is sometimes required to travel outside the employer's premises on behalf of the employer. How should such trips be arranged? See what “with the knowledge” is in other dictionaries On behalf of the employer or his

The employee is sometimes required to travel outside the employer's premises on behalf of the employer. How should such trips be arranged? See what “with the knowledge” is in other dictionaries On behalf of the employer or his

LEDOMA. Only in the following terms: with or without knowledge, with consent, with permission, with or without prior notice. Without my father's knowledge. With the knowledge of the teacher. With my knowledge, without my knowledge. Ushakov's explanatory dictionary. D.N. Ushakov. 1935 1940 ... Ushakov's Explanatory Dictionary

Characteristics Length 15 km Basin Caspian Sea River basin Doibitsa => Volga Watercourse Source ... Wikipedia

Vedoma Flows through the territory of the Moscow region Source peat bogs near the border of the Tver and Moscow regions Mouth of the river. Doibica Length 15 km ... Wikipedia

- WITNESS ◊ With the knowledge of whom. adv. By notifying; with permission, consent of someone. Act with the knowledge of your superiors. Without anyone knowing. adv. Without notifying; without permission, consent. Build a chemical plant without the knowledge of the area public... encyclopedic Dictionary

aware- with knowledge without knowledge... Dictionary of many expressions

Known, without knowledge, with knowledge. The processes of transforming case forms of nouns into adverbs are very active in modern language. Different nominal forms that have embarked on the path of adverbialization are at different stages of this path. By... ... History of words

In the One and Primordial (1) there was neither Sat nor Asat (2) There was no air space with a wide-spread vault between them. What then was all the veil? What was moving back and forth? Where? Under whose protection? What kind of water was it... ... Encyclopedia of Mythology

Cm … Synonym dictionary

See with the knowledge of V.V. Vinogradov. History of words, 2010 ... History of words

Without knowledge … Spelling dictionary-reference book

Books

  • We know little about Russia..., Arkhangelskaya Irina Dmitrievna. This book is a tribute to the daily St. Petersburg “Trade and Industrial Newspaper” (1893-1918), the “goddaughter” of S. Yu. Witte, the official publication that took on the role of “accumulator”...
  • Russia is little known to us, Arkhangelskaya I. (ed.-comp.). This book is a tribute to the daily St. Petersburg “Trade and Industrial Newspaper” (1893-1918), the “goddaughter” of S. Yu. Witte, the official publication that took on the role of “accumulator”...
  • 1721: copies of the decrees of His Imperial Majesty, and of the eternal peace treaty with the Swiss crown. Collected, and henceforth, for action and knowledge, printed at the Senate in the printing house. , . Reproduced in the original author's spelling of the 1725 edition (publishing house St. Petersburg, Senate Printing House). IN…

According to Article 20 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employee is an individual who has entered into an employment relationship with the employer.

Labor relations are relationships based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications, the specific type of work entrusted to the employee), the employee’s subordination to the rules of internal labor regulations when the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contracts.

This is stated in Article 15 of the Labor Code of the Russian Federation. Thus, the actual performance of a labor function by an employee and his submission to the internal labor regulations of the employer are circumstances indicating the existence of an actual labor relationship between the employee and the employer.

Article 16 of the Labor Code of the Russian Federation determines that labor relations between an employee and an employer also arise on the basis of the employee’s actual admission to work with the knowledge or on behalf of the employer or his representative in the case where the employment contract was not properly drawn up or was drawn up in violation of the three-day deadline for its design.

In accordance with Article 61 of the Labor Code of the Russian Federation, an employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative. Thus, the date of origin of the employment relationship can be fixed both in the employment contract itself and can be established taking into account the actual circumstances indicating that the employee performs the labor function and his subordination to the internal labor regulations.

If the employment contract was not properly drawn up, but the employee began work with the knowledge or on behalf of the employer or his authorized representative, then the employment contract is considered concluded and the employer or his authorized representative is obliged no later than three working days from the date of actual admission to work draw up an employment contract in writing (Article 67 of the Labor Code of the Russian Federation).

The representative of the employer in this case is a person who, in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations, or by virtue of an employment contract concluded with this person, is vested with the authority to hire employees, since in this case when an employee is actually allowed to work with the knowledge or on behalf of such a person, an employment relationship arises (Article 16 of the Labor Code of the Russian Federation) and the employer may be required to formalize an employment contract with this employee in a proper manner.
It should be noted that Article 91 of the Labor Code of the Russian Federation entrusts the employer with the function of recording the time actually worked by each employee.

In accordance with Article 135 of the Labor Code of the Russian Federation, an employee’s wages are established by an employment contract in accordance with the remuneration systems in force for a given employer. Remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements, agreements, local regulatory acts in accordance with labor legislation and other regulatory legal acts containing labor law norms.

Remuneration is made from the date of the establishment of labor relations between the employee and the employer in accordance with the employer’s remuneration system. Thus, from the date of the employee’s actual admission to work, payment for his labor is made according to the employer’s current remuneration system, including the provision of all benefits, guarantees and compensation provided for by the remuneration system. Also, Article 91 of the Labor Code of the Russian Federation indicates that the terms of remuneration determined by the employment contract cannot be worsened in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations. This regulatory provision is interpreted by law enforcement authorities in such a way that benefits, compensation and bonuses provided by an individual employer on the basis of current laws, other regulations (decrees and orders of individual government bodies), a collective agreement, agreement or local regulation (direction or order of the employer) apply to the employee, regardless of the fact that these benefits, compensation, guarantees and bonuses are not expressly defined in the employment contract or are not agreed upon with the employee upon his actual admission to work.

Evidence confirming the employee’s actual admission to work may be the issuance of a pass to enter the employer’s territory, the provision of a workplace, the employee’s receipt of stationery and other materials to perform the work required by the job function, the issuance of tasks to the employee by a representative of the employer to complete, the inclusion of the employee in programs and work employer plans for performing individual jobs, etc.

Legal requirements

Indeed, labor legislation allows you to start work without an employment contract signed by the parties. According to Part 2 of Art. 67 of the Labor Code of the Russian Federation, an employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative.

At the same time, the law does not at all exempt the employer from the requirement to sign with the employee all the documents necessary for registration of employment, but only gives a short delay: upon actual admission to work, the employer is obliged to draw up an employment contract with the employee in writing no later than three working days from the date of actual employment. employee permission to work. In addition, within three days from the date of actual start of work, the employee must be familiarized, against signature, with the order (instruction) on hiring, which is established by Part 2 of Art. 68 Labor Code of the Russian Federation.

The procedure for formalizing the actual admission of an employee to work is not regulated by labor legislation.

The procedure for formalizing the actual admission of an employee to work is not regulated by labor legislation, and neither the Labor Code nor any other regulations indicate the need to prepare additional documents.

The situation under consideration is an exception to the generally accepted rule: “first, the contract, then the work.” And even if in the future the employer does not draw up an employment contract and does not issue all the documents necessary for hiring, the “offended” employee will be able to protect and defend his rights, since labor legislation considers these labor relations to be established.

However, the person who makes the decision on the actual admission of the employee to work must be vested with the appropriate authority. Only in this case can the employment relationship be recognized as actually established. Based on clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation,” the representative of the employer in the case of the actual admission of the employee to work is the person authorized to hire workers in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations or by virtue of an employment contract concluded with this person. Otherwise, the relationship may not be recognized as an employment relationship; the employer has the right to refuse and not enter into an employment contract with an employee who was previously actually admitted to work.

At the end of 2013, Federal Law No. 421-FZ of December 28, 2013 introduced Article 67.1 into the Labor Code, establishing the consequences of actually allowing an unauthorized person to work.

According to this article, if an individual was actually allowed to work by an employee who is not authorized by the employer to give such permission, and the employer or his authorized representative refuses to recognize the relationship that arose between the person actually allowed to work and this employer as an employment relationship ( conclude an employment contract with the person actually admitted to work), the employer in whose interests the work was performed is obliged to pay such an individual for the time actually worked (work performed).

In this case, a person who has authorized actual admission to work, but does not have the right to do so, is held accountable, including material liability, in the manner established by labor legislation and other federal laws.

So, for example, in accordance with Art. 11 of the Federal Law of December 28, 2013 No. 421-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On Special Assessment of Working Conditions””, introducing changes, among other things, to the Code of the Russian Federation on Administrative Offences, with On January 1, 2015, for actual admission to work by an improper person, administrative liability will be provided in the form of a fine: for citizens in the amount of three thousand to five thousand rubles; for officials - from ten thousand to twenty thousand rubles.

Orally or in writing?

As noted above, the procedure for registering the actual admission of an employee to work is not regulated by labor legislation. Part 2 of Art. 67 of the Labor Code of the Russian Federation only establishes that upon actual admission, the employee begins work with the knowledge or on behalf of the employer or his representative.

What should the order of the authorized person be - oral or written?

Of course, an oral order on the actual admission of an employee to work will not contradict the law, but it is more expedient to formalize this admission in writing.

Of course, the preparation of additional documents (including a memo, an order on actual admission to work, etc.) is a rather labor-intensive process and will increase the time required to formalize the hiring of a new employee. However, in the future they will help confirm the legality of the employment relationship: if necessary, it is the written order of admission that will be proof that the three-day period for concluding the employment contract was met.

In addition, written documents confirm (or refute) the fact that the employee was allowed to work by an authorized person.

Paperwork

As a rule, the need to actually allow an employee to work is fixed in memorandum (Appendix 1) addressed to the head of the organization or another authorized person.

The memorandum also indicates the reasons why the employee should actually be allowed to work and determines the date of return to work.

The head of the organization or other authorized official puts a resolution on the report indicating the measures necessary to obtain actual permission to work.

The memorandum is the basis for publication order on actual admission to work (Appendix 2), with whom the employee gets acquainted with signature. This order is a personnel order, the text of which must indicate the date from which the employee is allowed to work. The order is signed by the head of the organization or another authorized person.

If necessary, in cases provided for by law (Article 69 of the Labor Code of the Russian Federation), after signing the order on actual admission to work, the future employee should be sent for a mandatory preliminary medical examination/examination. Before starting work, permitted to work in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, you need to familiarize yourself with the internal labor regulations, other local regulations of the organization related to the upcoming work activity, the collective agreement, and also, according to Part 2 of Art. 225 of the Labor Code of the Russian Federation, conduct instructions on labor protection. In addition, it is necessary to obtain from the person permitted to work the documents listed in Art. 65 of the Labor Code of the Russian Federation for the subsequent conclusion of an employment contract.

Test setup

The condition for establishing a test for someone allowed to work must be recorded in a separate test agreement (Appendix 3). This requirement is specified in Part 2 of Art. 70 Labor Code of the Russian Federation. If an employee is actually allowed to work without drawing up an employment contract, then, according to this norm, a probationary clause can be included in the employment contract only if the parties formalized it in the form of a separate agreement before starting work.

An agreement indicating the test period is drawn up before the start of work in writing in two copies. Each copy must be signed by the head of the organization or other authorized representative of the employer and the person allowed to work.

The employment contract must be drawn up in writing no later than three working days from the date of the employee’s actual admission to work

Registration of an employment contract

As already mentioned above, the employment contract must be drawn up in writing no later than three working days from the date of the employee’s actual admission to work (Part 2 of Article 67 of the Labor Code of the Russian Federation).

According to Part 2 of Art. 57 of the Labor Code of the Russian Federation, a mandatory condition for inclusion in an employment contract is the start date of work, therefore the employment contract with an employee admitted to work indicates actual start date preceding the date of conclusion of the employment contract.

If the parties entered into an agreement to establish a test before starting work, this condition must also be reflected in the employment contract ( Appendix 4).

An employment contract is the basis for issuing a hiring order, which also indicates the actual start date of work.

When an employee is actually admitted to work, the work book is drawn up and filled out according to the general rules provided for by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” and the Instructions for filling out work books, approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

In this case, the date of hiring, entered in column 2 of the “Information about work” section of the employee’s work book, will also be ahead of the date of the basis order for hiring, indicated in column 4.

An accountant's trip around the city is not a business trip. There is no need to document it. Travel time is included in the employee's working time. A one-day trip by an accountant to another city is a business trip and should be documented accordingly.

According to Part 1 of Art. 166 of the Labor Code of the Russian Federation, a business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work. The specifics of sending employees on business trips are established by the Regulations approved by Decree of the Government of the Russian Federation dated October 13, 2008 No. 749 (hereinafter referred to as the Regulations).

Clause 3 of the Regulations clarifies that the place of permanent work should be considered the location of the organization (a separate structural unit of the organization), the work in which is stipulated by the employment contract. At the same time, in Art. 166 of the Labor Code of the Russian Federation and in the Regulations there is no clarification that an employee’s business trip must always be carried out to another area, that is, outside the administrative-territorial boundaries of the locality in which the employer or its structural unit is located (clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 17.03. 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

However, within the meaning of Art. 57 of the Labor Code of the Russian Federation, the place of work, which must be indicated in the employment contract, should be understood as the locality, and more and more detailed clarification of the employer’s address is a condition of the employment contract about the workplace, and not about the place of work. Therefore, in our opinion, an employee’s trip within the administrative-territorial boundaries of the locality where he constantly works is not a business trip (determined by the St. Petersburg City Court dated July 7, 2010).

Thus, an accountant’s trip around the city on official business cannot be considered a business trip. There is no need to document it. Travel time will be counted as time actually worked by the employee.

Accordingly, an employee’s trip to another city, that is, outside the administrative-territorial boundaries of the locality in which the employer is located, is a business trip. At the same time, from clause 11 of the Regulations it follows that an employee’s trip to carry out an official assignment to an area from where, based on the conditions of transport communication and the nature of the official assignment, he has the opportunity to return daily to his place of permanent residence is also recognized as a business trip. Therefore, in the second situation specified in the question, the accountant’s one-day trip to another city should be documented as a business trip.

"Personnel officer. Labor law for personnel officers", 2008, N 6

Actual permission to work

In accordance with Art. 67 of the Labor Code, when a person begins work with the knowledge or on behalf of the employer or his representative, the employment contract is considered concluded, even if it is not in writing. This situation is called actual permission to work. Actual admission is considered an improper procedure for concluding an employment contract, but, despite this circumstance, it is expressly provided for in Art. Art. 61 and 67 of the Labor Code as the basis for the emergence of labor relations.

Currently, in enterprises, especially in medium and small businesses, people hired for work are organized with a so-called internship. Its duration is set from two to five days, but it happens that the very next day a person is suspended from work. The suspension from work is explained by the fact that the director did not sign the employment contract and the hiring order. The question arises: is it possible to protect your right to work in such a situation? Let's turn to the law and the explanations of the highest judicial body of the Russian Federation.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 28, 2006 No. 63 introduced changes and additions to the well-known Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.” In paragraph 1, an explanation appeared that a labor dispute that arose in connection with a refusal to hire is not a dispute about reinstatement, since it does not arise between the employer and the person who previously had an employment relationship with him. However, paragraph 10 of the same Resolution clarifies that when considering disputes related to a refusal to hire, it is necessary to check whether the employer made an offer about available vacancies, whether negotiations on employment were conducted, i.e. whether there was a conversation with agreement on the position, specialty, qualifications, working and rest conditions, and payment issues. No less important is the grounds on which this person was denied an employment contract.

This clarification is of great importance for protecting your right to work. In the practice of formalizing labor relations, quite often, after a conversation in the personnel department, the applicant is sent to the head of the section (head of the department), i.e. to the future immediate supervisor. They explain to the person that if the site manager “likes you”, then we will apply for a job. The head of the site, wanting to find out professional qualifications, assigns an “internship”. The applicant is given special clothing, and during the working day he demonstrates his professional suitability. The next day, an unexpected circumstance happens. The applicant is denied employment, explaining that the director did not sign the employment contract and the hiring order. In the course of resolving a labor dispute, taking into account the absence of a written employment contract and a hiring order, it is concluded that no employment relationship has arisen with this employee.

But it turns out that not everything is so simple. In accordance with Art. 67 of the Labor Code, when a person begins work with the knowledge or on behalf of the employer or his representative, the employment contract is considered concluded, even if it is not in writing. This situation is called actual permission to work. Actual admission is considered an improper procedure for concluding an employment contract, but, despite this circumstance, it is expressly provided for in Art. Art. 61 and 67 of the Labor Code as the basis for the emergence of labor relations. In this situation, the employer is obliged to draw up an employment contract in writing and provide it to the employee for signature no later than 3 working days from the moment he began to perform his job duties. During the same 3 days, the employer is obliged to prepare an order for employment, announce it to the employee against signature, and give a copy of this order to the employee upon his request.

In conclusion, I would like to remind you that labor relations, in accordance with the law, arise from the first day of the so-called internship. A person admitted to such a professional suitability test is recognized as an employee, i.e. a full-fledged party to the resulting labor relations. If further employment is refused, the employee has the right to file a claim against his employer for reinstatement. Such a claim is considered directly in the district (city) court in accordance with Art. 391 Labor Code.

V.Vanyukhin

Moscow State

open university,

retired federal judge

supervisor

legal center "Science"

Signed for seal