Consideration of the issue of an entry in the work book in relation to an individual entrepreneur has two main aspects. The first aspect is how the individual entrepreneur makes an entry in the work book for himself. The second concerns situations when an individual entrepreneur makes entries in the work books of employees. We note that neither one nor the other aspects are clearly regulated by law. Therefore, these questions need further clarification.
Employment history
In the work book of each employee of the organization and individual entrepreneurs, information about his work activity and length of service is recorded. Such information is strictly regulated on the basis of the Labor Code of the Russian Federation and by-laws.
The form and procedure for compiling work books are approved in two regulatory legal acts:
- Rules of April 16, 2003 N 225 (hereinafter referred to as the Rules);
- Instructions of October 10, 2003 N 69 (hereinafter referred to as the Instruction).
Note that none of them contains special rules and any features in relation to IP. However, such features still exist.
Do I need a work book IP
The Labor Code of the Russian Federation indicates three types of employers, some of which are individuals registered as individual entrepreneurs. Thus, the status of an individual entrepreneur in labor relations directly follows from the norms labor law: an individual entrepreneur is not an employee, but an employer. An employee is a person who has entered into an employment relationship with an employer ().
It is obvious that an entrepreneur cannot enter into an employment relationship with himself. Therefore, an entrepreneur is not an employee in the sense given to this concept by Article 20 of the Labor Code of the Russian Federation.
Based on Article 66 of the Labor Code of the Russian Federation, employers are required to keep work books for employees.
Thus, we come to the conclusion that an individual entrepreneur does not work book, because The law does not provide for such an opportunity.
The question of how and where exactly one should record the activities of an individual entrepreneur (if not in a work book) to calculate the length of service is regulated by legislation in the field of pension provision. The insurance experience includes the activity of an individual entrepreneur, therefore, the main confirmation of the fact of employment and the corresponding experience for an individual entrepreneur is a certificate of state registration the status of an entrepreneur in the tax authority.
Work for an individual entrepreneur on a work book
Individual entrepreneurs, in the cases specified in Article 66 of the Labor Code of the Russian Federation, are required to keep work books in respect of employees employed by them.
Legislation (in particular the Rules and Instructions) does not take into account some aspects of the status of an entrepreneur in the context of the issue under consideration.
For example, on the basis of clause 3.1 of the Instruction, the work book must reflect the full and abbreviated name of the organization.
In this case, this paragraph should be interpreted not in relation to the organization as a legal entity, but in relation to the employer, i.e. individual entrepreneur.
With this in mind, the entry should be made in accordance with the certificate of registration as an individual entrepreneur.
Last name, first name and patronymic (if any) must be indicated in full, without abbreviations.
In addition, it should be borne in mind that the presence of a seal is not a mandatory requirement for employers. Meanwhile, the Rules and Instructions in some cases require it to be put on the pages of the work book. An individual entrepreneur, who does not have such a requisite, has the right to certify the relevant records with his signature.
Features of using the document
The beginning of the activity of an individual entrepreneur is always associated with finding answers to more questions. One of these questions is how to maintain and make entries in the work book of an individual entrepreneur, namely, how individual entrepreneurs take into account their own work experience, keep a work book for themselves and for employees, how to store work books with individual entrepreneurs and what entries to make in them. In this article, we will try to help you find answers to all these questions.
IP work book for yourself
The procedure for conducting labor activity and its accounting is regulated by the Labor Code of the Russian Federation. Article 66 of the Labor Code defines a work book as a document on labor activity, in which information about the work experience of the employee and the positions he holds is mandatory entered. Since an individual entrepreneur is not an employee and cannot act as an employee for himself, but acts only as a business owner, he does not have the right to make entries in the work book as an individual entrepreneur.
Accounting for the work experience of an individual entrepreneur during the course of doing business is based on. The beginning and end of the work experience of an individual entrepreneur correspond to the date of registration of an individual as an individual entrepreneur and the date of removal from registration with the Federal Tax Service. In order to confirm the work experience as an individual entrepreneur, the PFR, at the time of deregistration, issues a certificate to the entrepreneur about the period of payments during his stay in the status of an individual entrepreneur.
Often, employers and former entrepreneurs have a question - is it required to make an entry in the work book of a former individual entrepreneur about the period of entrepreneurship if he gets a job as a simple employee after the completion of entrepreneurial activity. Most clerks are inclined to believe that no - it is not necessary. Entries are made in the IP workbook only for employees, and the period of entrepreneurship is confirmed by a certificate from pension fund(and FSS, if the individual entrepreneur paid voluntary insurance premiums).
In cases where IP combines entrepreneurial activity and work for hire, for him at the place of employment they start a work book as for a simple employee, which does not exempt him from fixed contributions to the Pension Fund as an individual entrepreneur.
Employment books of individual entrepreneurs for employees
The Labor Code requires all employers to draw up and maintain work books for citizens being hired, and a new employee must start keeping a work book no later than 5 days from the date the employee was hired. The obligation to maintain work books takes place only in relation to citizens hired for the main job, if the employee has a part-time job, then an individual entrepreneur does not need to start a work book.
A work book is a printed product that has certain degrees of protection; only GOZNAK can produce them, but anyone can distribute them. Therefore, when purchasing work books for your employees, make sure that they are issued by GOZNAK, have a series and number, and are published on special paper.
The employee's workbook must include the following information:
- FULL NAME. employee, information about his education, profession, specialty received and date of birth;
- the name of the employer;
- the position held and the work performed in the form: “Accepted to the position XXXX in the XXXX department”;
- transfers to other positions;
- the fact of dismissal with an indication of the reason.
When filling out a work book, an individual entrepreneur is obliged to indicate himself as an employer and properly make entries in the book about the employee and changes in his position in accordance with the Instructions for filling out work books issued on the basis of the Decree of the Ministry of Labor dated 10.10.2003 (download this manual you can at the end of the article). To account for work books, an individual entrepreneur must have a Book of Accounts for the Labor Code.
If an individual entrepreneur works without a seal, then when making entries in the work book of employees, he puts only a personal signature, which may be a reason for additional questions to the employee from the employees of the Pension Fund at the time of registration of the pension. Therefore, in order to avoid such difficulties, it makes sense for an individual entrepreneur to still get a seal (especially since it is quite inexpensive and does not require any registration steps) and put it next to his signature on all documents.
Responsibility for violations
Individual entrepreneurs, along with other employers who hire workers, are required to comply with the rules for maintaining, recording and storing work books. The basis for such a requirement is the Rules for maintaining, storing, accounting and issuing work books (you can download this document at the end of the article).
Responsibility for violation of these rules is provided for in Article 45 of the Rules and provides for either the imposition of a fine in the amount of 1 to 5 thousand rubles, or the imposition of a ban on doing business for up to 90 days. In some situations, by a court decision, it is possible to compensate for the damage caused to an employee when knowingly false or incorrect information is entered into his work book.
Agree, 90 days is a very long time for any business, especially for individual entrepreneurs working with clients. Therefore, it is not worth breaking these rules in any case. Carefully read them, take note and take them into account when working with work books of employees.
Thus, an entry in the work book of an individual entrepreneur is not made, but the entrepreneur is obliged to keep labor records for employees. In this process, it is necessary to be guided by existing legislative norms and, in particular, by the current Rules. Violation of these rules can lead not only to the imposition of a fine, but also to the suspension of activities, which can lead to serious losses or even.
Everyone knows that an entry in a work book is the main argument about the length of service and work activity of an employee. The book is issued regardless of who the employee works for. The law obliges each individual entrepreneur (IP) to fill out the work books of their employees five days after they start work. But if everything is clear with the employees, then who should make an entry in the work book of the individual entrepreneur himself? Let's try to understand this issue further.
Filling out a work book
It would be logical to assume that the individual entrepreneur should make an entry for himself, since he is the head of the entrepreneurial process organized by him. But actually it is not. The work book is kept to record the length of service, and not entrepreneurial activity. And the legislator clearly separates these two concepts. Accordingly, an entrepreneur who is in the status of an employer cannot employ himself or conclude an employment contract with himself. And the entry in the work book is made precisely on the basis of the signed employment contract. Therefore, an individual entrepreneur cannot issue a work book for himself.
However, do not worry that all the time spent on entrepreneurial activity will not be taken into account by seniority. After all, even working as an individual entrepreneur, a citizen makes contributions to the account of the Pension Fund. He also takes into account his seniority, accumulates funds for a future pension. Therefore, the main goal for which it is necessary to maintain a work book is achieved in addition to it. If necessary, the Pension Fund can always issue an appropriate IP certificate.
pension question
In order to finally dot all the "i", let's take a closer look at the issue of calculating an individual entrepreneur's pension, given that he cannot put an entry in the work book for himself. First of all, the law directly indicates that the experience of entrepreneurial activity is counted in the length of service. You can confirm this experience not with a work book, but with a certificate of registration of an individual entrepreneur. It is the date of issue of such a document that is the beginning of the deduction of seniority as an individual entrepreneur.
Only those persons who have an insurance certificate, which is the basis for calculating a pension, will be able to receive a pension. As soon as the registration of an individual entrepreneur is completed, he is obliged to deduct:
- fixed insurance premiums (established by the law of the Russian Federation and may change based on the adopted changes);
- contributions that individuals are required to pay when paying various remuneration to other individuals.
It is the payment of fixed contributions that guarantees the receipt of a pension for the future. Therefore, in order to subsequently calculate a pension, you must always have the following documents with you:
- certificate of state registration of IP;
- notification of the insured's registration with the Pension Fund;
- receipts for payment of insurance premiums.
Entering the IP
Some people have a question: in a situation where an entrepreneur completed his activity and then took a job in an organization or with another entrepreneur, is the latter obliged to enter data on the entrepreneurial activity of a new employee in the work book?
The answer follows logically from the previous information. Being an entrepreneur, he was an employer, not an employee, so there is no reason to enter such data. However, the book must record the entire experience, otherwise new employer, not taking it into account, to put the employee in a deliberately worse position, as if reducing his work experience. And this time is important, say, when calculating benefits for pregnancy and childbirth. but regulations, regulating such nuances, do not limit the parties to the employment contract in providing exclusively a work book in order to accrue such benefits. That is, to record and confirm the length of service, such an employee can provide not only entries in the labor, but also other documents confirming it labor activity.
Book design
In other situations, an individual entrepreneur is required to maintain a work book entered individually for each of the employees who have his main activity. The law allows the registration of the book not immediately, but five days later, as the employee began to perform his duties.
The entry in this document must be carried out strictly according to the established rules. So, for example, no abbreviations can be used in it. Even “individual entrepreneur” cannot be abbreviated to IP - all names, names and names must be indicated in full.
It happens that the employee did not previously work, respectively, he does not have a work book. Then the entrepreneur must draw it up on his own. To do this, the employee must purchase a blank book for his own money or pay the employer its cost (or agree to deduct the amount from the salary). When making an entry in the document, the employer is obliged to use only Arabic numerals when entering dates, refer to articles labor code when dismissing an employee, clearly and completely indicate his position.
Sample Fill
To make it clearer how to make an entry in an employee's work book, we will give a short sample of this process. First, indicate the date when the employee was hired, in Arabic numerals in the appropriate column. It looks something like this: 04/05/2016. Then you need to fully indicate the last name, first name and patronymic of the employee. These data, as well as birth information in the date-month-year format, are recorded based on information from the passport. If it is not there, it is permissible to focus on the data of a military ID, driver's license, foreign passport and other identification documents.
Then you need to make a record of the education received. The reason for entering information in this case is the diploma of the employee. If he has not completed his education yet, a student card, a record book, a certificate from the institution where the employee is studying is used. Keep in mind that during the entry of information, each new entry receives its own serial number.
The labor must contain an indication of the position in which the employee works, what duties he performs. If he is transferred to another position, there must be an appropriate record of this. It is logical that when an employee is fired, it is necessary to make the appropriate marks in the work book. However, in this case, the reason why the parties terminated the employment contract must be indicated. It must comply with the required paragraph of the labor code.
Nuances of working with a document
It is worth considering that information on disciplinary sanctions is not included in this document. Of course, if we are not talking about such a disciplinary sanction as dismissal. If this happens, a record must be made of it. but at the same time, any encouragement, awards, certificates, etc. must be indicated without fail.
Sometimes employees refuse to provide their work books. However, in these cases, the law does not relieve the entrepreneur from the obligation to make appropriate entries in the documents, providing for this a fine of 50 minimum wages. In such situations, issuing a new book is not an option, it is prohibited by law if there is a valid one. The only thing that an entrepreneur can do in this case is to draw up an appropriate act.
To do this, he needs two witnesses who are ready to confirm in writing that with them the employee was asked to provide the employer with his work book to make the relevant entries, but he refused to do so. If reasons were given, they must be reflected in the act. If the employee refused for no reason, this should also be noted in the document.
Saving a book
This booklet must be kept by the employer for the entire time that the employee works for him. After the dismissal, together with the settlement funds, the employee is given a work book, which indicates when and under what article he would be dismissed. However, in practice, there are times when an employee cannot or does not want to receive this accounting document. For example, when the calculation upon dismissal is not provided, he does not really want to go to the employer for just one book. Or when an employee has died and there is no one to pick up his documents. What should an entrepreneur do in such cases? After all, a book is an important document that cannot be simply taken and thrown away.
The law provided for the mandatory storage of a work book with the employer for at least two years. Then, if the employee never came for the document, it is transferred to the archive, where it is stored for at least 50 years. All the subtleties of this process are taken into account by the national legislation on archives.
By the way, today a work book with a holographic sticker is used, which reduces the risk of document forgery. But its use is not mandatory - the employer resorts to such protection at his own discretion. This sticker helps protect the employer's stamp, the signature of the employee who issued the form, and other elements of the form that do not change. Inserts for work books without such holograms are considered invalid.
Mistakes in labor
Since the work book is filled out exclusively by hand, human factor is important here. Errors in such cases - normal phenomenon although it doesn't always happen. What to do if such an error is found? After all, a work book is a document in which an employee cannot independently make corrections.
The simplest case is when a bug is discovered while working for an entrepreneur. Then you can just ask for changes. If it turns out that the previous employer made a mistake, you must contact him for changes. Although the law allows for the possibility of correcting the error by the current employer. True, in this case, he needs an official document from the employer who made a mistake. Based on which this one can make changes.
In practice, it sometimes turns out that the past employer no longer exists as entity or entrepreneur: liquidated or reorganized. Then the current employer has the right to make changes on their own.
Change procedure
Another question is where exactly you need to make corrections. If they are made on title page, then new data are entered on the basis of the provided document confirming such information. For example, if the name or surname has been changed, it is necessary to provide a new passport or certificate of marriage or divorce, on the basis of which the employee's surname was changed. The passport and other identification documents are also used when making changes if the date of birth of the employee is incorrectly indicated.
To enter the correct data, the entrepreneur must cross out the incorrect information with one line, and then enter the correct information. To confirm the correctness and legality of the data entered, it is necessary to indicate on the basis of which documents the changes were made. This information is entered on the inside cover of the book.
Please note that changes to the awards and promotions section are strictly prohibited. If an error has been made in this section, after the entry that does not correspond to reality, the mark "recognize invalid" is put. And only after it you can enter the necessary and correct information.
Changes to the work book are also made when the individual entrepreneur who hired the employee re-registered and changed the name. This is the basis for making appropriate changes to the work books of employees. If this is not done, the entrepreneur may be held administratively liable for violating the rules for maintaining work books.
Throughout the Russian Federation, it is a basic document that indicates the experience of a citizen. It does not matter for whom a person specifically works - for the state or for a private entrepreneur. If the employee is employed and fulfills his duties, then he must have a work book. With regard to ordinary employees, everything is clear with this, but for the individual entrepreneur himself, the entry in the work book raises a number of questions.
IP: filling out a work book
According to the legislation, private entrepreneurs can act as employers with all the legal nuances that follow from this. Is the “private trader” himself an employee? After all, this status is given only to those members of the team who work for a particular individual entrepreneur.
A package is issued for each employee required documents. But to themselves, individual entrepreneurs should not make any entries in the labor. The law provides neither such a right nor such an obligation for them. This is due to the fact that any information in the work book is entered on the basis of an agreement between the employee and the employer.
Following the usual logic, an entrepreneur cannot hire himself and, accordingly, cannot sign any document or agreement with himself. That is, an individual entrepreneur does not have the right to make an entry in the work book for himself.
But how is experience calculated in this case? The answer is simple - the basic point for determining the length of service of an individual entrepreneur is a certificate of registration. In addition, a businessman can earn quite a decent pension for himself on quite legal grounds.
To do this, he must systematically deduct an insurance premium for himself in the Pension Fund of the Russian Federation. Moreover, the amount of payments is specified every year. Contributions to the Pension Fund are a fixed amount, but they can be adjusted over time.
If an individual entrepreneur does not transfer contributions to the Pension Fund, then subsequently he cannot count on a pension from the state.
If a merchant, for objective reasons, decides to stop his private career and goes to work in state structures, then he starts a new work book. However, work in the status of an individual entrepreneur does not lose its actual essence.
In this case, the calculation of experience will be based on 2 documents:
- work book;
- certificate of registration as an individual entrepreneur.
In addition, when calculating a pension, a private entrepreneur will need a certificate from the Pension Fund confirming the fact that he systematically deducted insurance premiums. This certificate is another evidence of the work experience of an individual entrepreneur.
If an individual entrepreneur works as an employee for another employer, this does not exempt him from paying insurance premiums to the PF.
When an individual entrepreneur has the right to enter information into his labor
If self employed after all, he decided to start a labor job for himself, then he can only get a job as an employee for another employer. In this case, the entry in his employment record will be legal.
In addition, the option is often practiced when an individual entrepreneur is registered as a legal entity. This is followed by the official appointment of his CEO. An official appointment to any other position with a corresponding mark in the labor is also possible.
Registration of labor while working at the IP
There is one circumstance that exempts an individual entrepreneur from issuing a work book for an employee. This refers to temporary employment. In any other case, a record of employment must be mandatory. According to modern legislation, this significant entry for an employee can be made not on the day of employment, but after five days.
Registration of a work book at an individual entrepreneur assumes compliance with the rules:
The right to hired labor imposes certain obligations on the merchant in relation to personnel. This applies, among other things, to filling out socially significant documents. To avoid problems with the law, a private entrepreneur must clearly keep personnel records and know what wording is relevant in each specific case (for example, upon dismissal).
At the time of dismissal, the work book must indicate the reason why the employment contract is terminated. In this case, it is necessary to indicate a link to the relevant article of the Labor Code.
Sometimes, after dismissal, an employee of a private enterprise, due to subjective circumstances, does not take his labor. This may be due to a sudden move to another region, illness or difficult family circumstances.
This does not release the private entrepreneur from obligations towards this person. By law, he must try to contact his former employee. You can also get in touch with his close people, relatives.
If attempts to find former employee remain unsuccessful, then the employer still does not have the right to keep the work book. In this case, he must forward it by registered mail at the address of the person. This is an extreme measure. If the letter is not handed to the addressee, then the form remains with the individual entrepreneur until the citizen himself appears.
If an employee refuses to submit a work
Sometimes an employee, for some reason, refuses to provide an individual entrepreneur with his labor. It is not right. Moreover, it is strictly forbidden to draw up a new labor, even if the employee insists on it.
The merchant must draw up an act that would reflect the unwillingness of his employee to provide a work book.
The act reflects all the circumstances:
- reason for refusal to provide labor;
- direct refusal without giving a reason.
It is important that witnesses (at least 2 people) be involved in the preparation of the act.
IP responsibility
Responsibility for non-compliance with all of the above nuances is quite serious. Inspecting authorities check the completion of work books at individual entrepreneurs with the same scrupulousness as in public institutions.
In fact, the rules for filling out and processing a work book for an individual entrepreneur are no different from the rules that are relevant for a state institution.
The difference lies in the fact that in municipal or state-owned companies, a representative fills out the labor personnel service. It is unlikely that an individual entrepreneur in staffing there is such a unit. Therefore, as a rule, he keeps all records in labor independently.
Also, as in public institutions, all entries made in the labor must be certified by seals. However, in some circumstances, the seal is not affixed if the IP does not have such a right under the law. In this case, only a signature is allowed.
In addition, an individual entrepreneur should not enter any information regarding disciplinary offenses of an employee into the labor record. The exception is immediate dismissal due to a serious disciplinary violation.
At the same time, information about the reasons that led to the termination of the employment contract must be reflected.
The least that threatens a private entrepreneur upon detection of violations is a fine.
The status of an individual entrepreneur has its own characteristics. Usually the main document to confirm it is a work book. This article discusses in detail the question of whether an individual entrepreneur needs to make an entry in the work book for himself and how he can confirm his experience.
Usually, this document is needed in practice for two purposes:
- confirmation of the length of service for sick pay;
- when submitting the necessary documents for registration of pension payments.
In the first case we are talking about insurance experience. The legislation provides that the specified length of service includes the time when a person was an individual entrepreneur and paid contributions to the Social Insurance Fund.
A sick leave may be required by an IP in the following cases:
- He has ceased operations and is now an employee and is ill or injured.
- He continues to be an individual entrepreneur and at the same time is an employee who was given a sick leave.
- The entrepreneur himself writes out sick leave.
He has the right to issue a sick leave for himself if he contributed money to the Social Insurance Fund (FSS) for himself on a voluntary basis. In this case, he has the right to apply to the FSS for his payment, which is provided to him in full at the level of the minimum wage, if at that moment he had at least two years insurance experience. This is his difference from the hired worker, to whom his employer is obliged to pay part of the amount.
If he was issued a sick leave as an employee, then the time during which he voluntarily paid contributions to the FSS, if he was registered as an individual entrepreneur, is included in the insurance period.
When it comes to calculating a pension, the legislation allows to take into account the period of entrepreneurial activity of an individual entrepreneur as a pension experience. This is done on the condition that he paid contributions to the Pension Fund during this time.
Therefore, an individual entrepreneur can resolve such issues without maintaining a work book. If before the start of his entrepreneurial activity he was an employee, then during this period labor will still be needed.
Is it possible for an individual entrepreneur to make an entry in the work book for himself
Article 66 of the Labor Code of the Russian Federation states that when a citizen goes to work, the employer is obliged to issue him a work book. This must be done within the first five days of his work. 
The rules for filling out the document are regulated by regulations:
- The rules that were approved by Government Decree No. 225 of April 16, 2003
- The instructions for filling out are Appendix 1 to the Decree of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003.
There are no instructions for filling out a document for an individual entrepreneur, however, it is indicated that this document is filled out for an employee, that is, for a person who has entered into an employment contract.
The latter is an agreement between two parties:
- employer
- employee.
Individual entrepreneur in these cases acts as an employer. If we assume that he plans to issue a book for himself, then he will have to conclude an agreement with himself, which does not seem possible.
Therefore, although there is no direct legislative prohibition, for the reasons indicated above, an individual entrepreneur cannot draw up this document for himself.
Entry in the work book of IP
Since the individual entrepreneur does not fill out a work book for himself, information about him may appear there in one of the following cases:
- An individual entrepreneur registered a legal entity and took himself to work in it, having issued a labor one.
- An individual entrepreneur works as an employee at the same time as carrying out entrepreneurial activities.
In the first case, it must be taken into account that a legal entity, its founder and an employee are different legal entities, even if in all three cases we are talking about one person. Therefore, the registration of labor in this case is in accordance with the law.
In the second case, work with labor occurs in the usual way. In both cases under consideration, registration takes place in accordance with generally accepted rules.
Sample entry in the work book of an individual entrepreneur
An example of an entry in the work book of an individual entrepreneur
When an individual entrepreneur hires employees, he must draw up a work book for them in accordance with the law. This can be omitted if a person works part-time here.
However, even in this case, if the employee asks for such entries (this may be important, for example, when it is necessary to testify the length of service in a particular profession), then the individual entrepreneur will be obliged to do this.
If the employee did not have such a document before hiring, the individual entrepreneur is obliged to buy at his own expense and carry out its initial registration. The legislation provides that registration must be done within five days after hiring.
One of important rules filling out the document is to prohibit the use of abbreviations. Any names must be written in full.
When dismissing, it is not enough just to record this fact. The document must indicate the reason for the dismissal, accompanied by a reference to the relevant article of the Labor Code of the Russian Federation.
All entries must have their own serial number. If the place for entering information has come to an end, a special insert is sewn to the book. The entry with the next number is placed first in it.
It happens that an employee refuses to provide employment to an individual entrepreneur. In this case, it is forbidden to start a second labor on him.
It is necessary to find two witnesses and draw up an act stating that they refuse to present it. If the employee has objections or comments, he has the right to write them down on this act. If he refuses to sign, an entry is made on this document and the individual entrepreneur with witnesses sign it.
When making an admission record, you must indicate the position for which the employee was accepted. Records of disciplinary punishments are not included in the book. But there is one exception here. If on the basis of such a violation there is a dismissal, then such a record is recorded.
A sample entry in the work book of an individual entrepreneur can be downloaded here:
IP experience
IP experience is calculated:
- for the payment of benefits for temporary disability and similar;
- for calculating the old-age pension.
In order to confirm the experience, the following documents are required:
- IP registration confirmation.
- If he ceased his entrepreneurial activity, then a supporting document is needed.
- Certificate from the Pension Fund stating that contributions were paid during the period of activity of the IP (these payments are mandatory). The document is required when defining .
When determining the length of service for paying sick leave, benefits for pregnancy and in connection with the birth of a child, a document is needed that confirms the payment of contributions to the Social Insurance Fund for a certain period. Contributions are paid by individual entrepreneurs on a voluntary basis. If these documents are available, the IP experience is documented.
Features of maintaining a work book for individual entrepreneurs
When making entries for IP employees, the same rules apply as in other cases. In this case, it is necessary to indicate the name of the employer. For IP workers, an inscription is made here: “Individual entrepreneur F. I. O.”.
Legislation allows individual entrepreneurs to conduct business without a seal. In this case, there will be no printing in the work book.
In other matters, there are no special features in the design.
Another difference is that an individual entrepreneur independently draws up documents for employees working for him, because he does not have his own personnel department.
Storage
If the employee quit, but did not want to pick up the documents, the individual entrepreneur must make attempts to contact him and give them back. If this is not possible, the book must be kept for two years, and then it is handed over to the archive. The shelf life is 50 years.
In this seminar, you will get acquainted with the features of accounting, maintaining and storing work books:
Error correction
A situation is possible when necessary. It happens that no mistakes were made, but the employee's data has changed. This is possible, for example, when an employee gets married and changes her last name.
When making corrections on the cover page, you need to cross out the incorrect data with a horizontal line and write the correct information next to it. At the same time, both the crossed out inscription and the correct one should be clearly visible. On the inside of the cover, a detailed record is made of the reason for the corrections made.
For example, if the surname was changed in connection with marriage, then the entry should contain an indication of the document that was presented to change the surname. Under the entry is the seal of the individual entrepreneur, if any. If it works without printing, then a signature is put.
If an error was found when filling out, made at the previous place of work, then to correct it, you need to contact the previous boss and ask him to make the appropriate corrections.
If errors are made in the part of the document where entries are made about hiring, dismissals or awards, then it is impossible to cross out here. A new entry is simply made, in which it is indicated that a certain text is incorrect and the following should be read instead - then the correct text of the corrected entry is entered.
So, the law does not provide for entries in the work book for individual entrepreneurs. But it is possible to confirm his experience in other ways.
Your actions if incorrect entries are found in the labor or there is no record of your work - in this video:
Question form, write your
Loading...