Entry in the work book of an individual entrepreneur. Filling in the SP of the worker Employment book for SP for yourself

Many entrepreneurs are tormented by the question of whether the individual entrepreneur should make an entry in the work book for himself. Do not forget that it is this document in Russia that is the main one, confirming the length of service as an employee. The book is issued regardless of who the citizen works for. Therefore, everything is clear with employees, but many people still have a question about the entrepreneur himself. It is important to understand this topic carefully.

Does an individual entrepreneur keep a work book for himself?

The Code establishes that entrepreneurs can be full-fledged employers. Based on this, it can be assumed that an individual entrepreneur should make an entry in his work book. In reality, the situation is much more complicated.

It is on the basis of the above-mentioned code that the status of an individual entrepreneur is established, which is assigned to him in the course of labor relations. The named legislative act contains information that an entrepreneur cannot act as an employee. This status is acquired exclusively by a citizen who works for an individual entrepreneur. To avoid liability for an employee, a package of relevant documents must be drawn up.

Trying to find the answer to the question posed in the title, it is important to take into account two facts established by law:

An individual entrepreneur is obliged to draw up work books for employees working for him.
An entrepreneur cannot be considered an employee in the sense that the law puts into this concept.

Based on the above judgments, which directly follow from the Labor Code of the Russian Federation, we can draw an unambiguous conclusion. The entrepreneur should not make entries in the work book for himself. The legislation does not provide for such a right or obligation.

Entries are made exclusively in accordance with the contract concluded between the entrepreneur and the employee accepted for the position. At the same time, an individual entrepreneur cannot sign such an agreement with himself. It turns out that the entrepreneur is not entitled to issue a book for himself.

Many do not understand: since it is the book that acts as the main document on labor activity, how is the length of service taken into account in its absence? The answer to this question is given by the pension legislation of the Russian Federation.

It is clearly established here that the period during which a citizen is engaged in entrepreneurial activity is taken into account when calculating the length of service. It turns out that for an individual entrepreneur, a certificate issued during state registration becomes a document that confirms the length of service.

The issue of calculating the length of service is primarily of concern to those who are thinking about pensions in the Russian Federation. The entrepreneur is entitled to payments from the state upon reaching the appropriate age. However, there is one BUT - in order to receive a pension, an individual entrepreneur must first accumulate it.

To this end, you will have to make the following deductions:

Fixed insurance contributions to the pension fund for yourself. The amount of such payments must be clarified annually. The statutory amount of fixed contributions changes periodically.
The pension fund of the Russian Federation will have to make deductions for each employee of the entrepreneur. At the same time, the amount of contributions is determined by the amount of payment for work and bonuses.

The individual entrepreneur must remember that he has the right to refuse to pay fixed amounts to himself. However, after that, he will not be able to claim a pension.

Few become PIs as soon as they reach working age. Most Russians first get hired by some kind of company. Naturally, in the course of employment, the employer draws up a corresponding entry in the work book. Subsequently, this citizen can become an entrepreneur. At this point, the problem arises of how the experience will be calculated. In practice, reverse situations also occur - an individual entrepreneur decides to stop running his business and get a job for hire. The experience in both situations described is confirmed by two documents - this is a work book and a certificate of registration as an entrepreneur.

Upon reaching the age of the individual entrepreneur, you should go to the Pension Fund in order to obtain a certificate confirming that he made contributions that are established by law.

This document will also reflect the citizen's experience as an entrepreneur. In accordance with the certificate, together with the book, the total duration of the period of activity is calculated.

The law provides for the obligation of the entrepreneur to draw up work books for his employees employed by him. The only condition under which it is not necessary to make an entry is in the case of employment for a temporary job.

When accepting an employee to an individual entrepreneur for a job that is the main one, a new employee must make a record. The law allows you to do this not immediately, but five days after taking office.

It is important to strictly follow the procedure for filling out the work book.

The main rules for this are as follows:

The name of the employer must be indicated in full. That is why it is not allowed to reduce the legal form to an abbreviation. That is, you should write in full - an individual entrepreneur.
If employment is carried out for the first time, the new employer is obliged to have a work book. The employee must purchase the form on his own at his own expense or agree to deduct its cost from wages. When drawing up a new work book, it is important to fill out the title page correctly. Here the data of the employee is indicated on the basis of a passport or other document confirming the identity. Information about education is indicated in accordance with the diploma.
The records exclusively use Arabic numerals for dates.
When dismissing, in addition to the reason, it is mandatory to indicate a link to the article of the Labor Code.
Each entry must have a corresponding sequence number.
It is mandatory to indicate the name of the position for which the employee was hired. This is done in accordance with the staffing table. If a transfer is made to another position, this is also reflected in the document in question.

The entrepreneur is obliged to comply with all the rules for filling out the work book. At the same time, we emphasize that violation of the norms of the law entails punishment in accordance with Russian law.

An entrepreneur must know how to properly make an entry in a work book.

It is important to follow the general rules for all, but also to know some features:

The entrepreneur should also be aware that disciplinary sanctions are not recorded in the work book. The only exception is dismissal not of one's own free will, but due to serious misconduct. Information about the reason for termination of the contract and information about awards must be reflected in the work book.

An entrepreneur may face a situation where an employee refuses to provide his own work book, which he had previously kept. Refusal in such a situation from a record of employment may result in a fine. At the same time, it would be illegal to issue a new work book.

An entrepreneur in such a situation must draw up an appropriate act. It is important to involve two witnesses who will agree in writing to confirm the correctness of the entrepreneur. The act should indicate that the employee refused to provide a work book. If the employee named the reason, it should also be reflected in the document being drawn up. In cases where the employee refused to provide a work book without indicating reasons, this is also indicated in the act.

It is important to strictly observe all the features of making records of employment. If the entrepreneur does not comply with the law, he faces liability. At the very least, you will have to pay the fines.

An entrepreneur should not make an entry in the work book for himself. The length of service is determined on the basis of the certificate of registration. At the same time, he is obliged to draw up this document for employees employed by individual entrepreneurs. At the same time, it is important to follow a number of rules for filling out a work book. If you violate the law, the entrepreneur may face serious liability.

Is an individual entrepreneur obliged to keep work books of employees? Until October 6, 2006, individual entrepreneurs could not fill out work books for employees and the question “IP and work book” did not arise. The document confirming the work of an individual entrepreneur was an employment contract registered with local governments.

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

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An individual entrepreneur makes an entry in the work book of an employee if he has worked five working days and this place is his main place of work (clause 3 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation No. 225 of 04/16/2003).

For newcomers to work, an individual entrepreneur draws up a work book within seven days in the presence of an employee. When filling out the title page, indicate:

Surname, name, patronymic of the employee;
Date of birth in the format (dd.mm.yyyy);
Education;
Profession, specialty;
Date of completion;
Employee's signature;
Seal and signature of the responsible person (entrepreneur).

Title page template

The following is information about the job. The record number is put down in order, the date of entry to work, the record of admission to the position, the basis for admission. For employees who entered earlier than 10/06/2006, the basis will be the "employment contract dated 11/11/1111 (date) No. 1 (number)".

For applicants after October 6, the basis will be “order dated 22.22.2222 (date) No. 2 (order number)”. Since individual entrepreneurs must use unified forms of documents for registration of labor relations: orders for employment, personal cards of employees (form T-2), etc.

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

A sample of filling out a work book for an individual entrepreneur

Dismissing an employee

An entry on the dismissal of an employee is made on the day of dismissal in accordance with the wording of the Labor Code and the text of the dismissal order. This records:

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

IP work book

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

Responsibility for compliance with labor laws

Individual entrepreneurs must comply with the rules for maintaining, storing, accounting and issuing work books (paragraph 45 of the Rules). For violation of these rules, administrative liability is provided (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). It includes the imposition of a fine from 1 to 5 thousand rubles. or suspension of the activity of the entrepreneur for up to 90 days.

In some cases, by a court decision, compensation for non-pecuniary damage may be provided for making incorrect entries in the work book.

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

Theoretically, hiring employees for individual entrepreneurs cannot be called difficult. After all, an individual working for himself is not required to maintain a complete personnel document flow, according to the law.

But in order to avoid problems during inspections by regulatory authorities, it is highly desirable to draw up at least a minimum set of documentation for concluding an employment relationship with an employee.

If it is planned to hire the first employee, then the procedure for collecting and processing papers will be longer than when registering subsequent personnel.

So, the step-by-step registration of an employee to work for an IP:

note that an individual entrepreneur has the opportunity to choose the design of both an employment and a civil law contract.

The first option is appropriate if the employee is hired on a permanent basis for a long time. For part-time work or the performance of time-limited work, the conclusion of a civil law document is much more relevant.

Writing a job application for an individual entrepreneur is not an indispensable requirement, according to the current legislation, however, in life it is almost always carried out. The application is written in free form, but in general it is similar to a document on admission to the service of an organization.

Below is an example document:

Sample document for review:

The order of acceptance to work

The order for employment is a much more serious paper. This document must necessarily reflect such information as:

full name of the employee (full name);
Job title;
salary amount;
probationary period;
duration of action (urgent, indefinite);
Document Number.

The order must contain the signature of the individual entrepreneur, as well as the signature of the employee under the provision that he is familiar with all the conditions and has no complaints. The reason for writing the order is a contract for employment in an individual entrepreneur, previously concluded with a hired person.

In the picture of the photo of the document:

Sample document below:

Important! It is not allowed to issue an order earlier than the date of creation and signing of the employment contract.

The employment contract must contain the rights and obligations of both the hired person and the entrepreneur are clearly spelled out, address and place of work, social guarantees of the employee, work schedule and weekends, as well as all the items specified in the order for employment.

Contract example:

Document photo for review:

How to make an entry in the work book when hiring an individual entrepreneur?

An employee's personal card is best made on cardboard or thick paper (whatman paper). Such a card is issued in the T-2 format - this is a unified form, which was approved by the Decree of the State Statistics Committee of January 5, 2001 No. 1.

An entry on employment in the work book occurs when the signing of the employment contract took place. When concluding a civil law contract, an entry is not allowed.

Entry in the work book about hiring for an individual entrepreneur, sample:

Registration of an individual entrepreneur in a pension fund and a social insurance fund

Regardless of the type of contract concluded with the first employee, the entrepreneur is obliged to register it with the pension fund of Russia no later than 30 days from the date of its execution and signing.

To register, you must provide documentation such as:

private owner's passport;
an agreement with an employee;
IP registration certificate (copy certified by a notary);
certificate of registration of an individual with the Federal Tax Service.

If a private trader does not submit documents to this authority within 90 days, the legislation provides for the imposition of a fine on a negligent employer in the amount of 5,000 rubles. If the delay is more than this period, the penalty is doubled.

An individual entrepreneur must register with the Social Insurance Fund of the Russian Federation within ten days from the date of conclusion of an employment relationship with an employee. What documents will be needed?

Important! As in the situation with the FIU, registration with the FSS must occur no later than 10 days from the date of execution of labor documents. Otherwise, the penalty for delay for individual entrepreneurs will be from 5 to 10 thousand rubles, depending on the type of contract.

These are the basic rules for hiring an individual entrepreneur. When hiring subsequent employees, a private trader is obliged to comply with the same legislative requirements as when hiring his first assistant. On the other hand, such procedures will become familiar and will be carried out faster and easier.

A person who is or was an individual entrepreneur should not have any records of his own work in his work book.

Entrepreneur (IP) and work book, Filling in the IP work book

The work book is the main document on the work activity and work experience of the employee. Since 2006, individual entrepreneurs have also received the right to issue them. However, legislators have only recently clarified the specific procedure for maintaining work books by individual entrepreneurs ...

Since March 23, 2008, the obligation of individual entrepreneurs to keep work books for all those who work for them for more than five days has been specified. Thus, Decree of the Government of the Russian Federation dated March 1, 2008 No. 2003 No. 225.

Who should keep work books

The following categories of employers (except individuals) should keep work books for each employee:

organizations;
individual entrepreneurs;
private notaries;
lawyers who have established law offices.

Who and where makes an entry in the work book of an individual entrepreneur (IP)?

The Labor Code of the Russian Federation obliges entrepreneurs to keep work books for all employees, but no entries are made in their own labor IP, because records are made in the work book about labor activity, and not entrepreneurial.

In accordance with the law, an individual entrepreneur has the status of an employer, not an employee. He cannot conclude an employment contract with himself, as there will be no other party in the employment relationship. Therefore, an individual entrepreneur (IP) has no legal grounds to maintain a work book for himself.

An individual entrepreneur himself and no one else can make an entry in the work book!

Note : . A person who is or was an individual entrepreneur should not have any records of his own work in his work book.

In tax pension insurance contributions for your future pension. As long as deductions are being made and you are listed as an individual entrepreneur, you have an insurance period. If you terminate your activity, then to calculate a pension, the Pension Fund will issue you a certificate of your insurance experience.

Registration of the IP work book

The Labor Code obliges employers to keep work books for each employee. If the work of an individual entrepreneur is the main activity, then an entry in the "labor" is made only if the employee has worked for more than five days. When issuing a book, keep in mind that there can be no abbreviations even in the name of the employer, for example, "IP Vasiliev V.V." should look nothing more than "Individual Entrepreneur Vasiliev Vladimir Vasilievich".

If an employee who has never worked anywhere before comes to an individual entrepreneur, then he needs to draw up a work book. The employee, in turn, must compensate for the cost of purchasing the book by depositing money at the cash desk (clause 47 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). With the consent of the employee, the required amount can be deducted from his salary.

Entries in the work book about the reasons for termination of the employment contract must be made in strict accordance with the wording of the Labor Code or other federal law. The corresponding link must also be written in the work book.

Dates in all sections of work books are made in Arabic numerals. For example, if an employee was hired on May 7, 2008, an entry is made in the work book: “05/07/2008”.

The surname, name and patronymic of the employee are indicated in full. Abbreviations or replacement of the name and patronymic with initials are not allowed. The date of birth (day, month, year) is entered in the book on the basis of a passport or other identification document (for example, a military ID, a foreign passport, a driver's license, etc.).

A record of education is made only on the basis of a certificate, diploma, etc., and if education is incomplete, then on a student ID card, a record book, a certificate from an educational institution. Each entry is assigned a serial number.

Also, information about the work performed by the employee, transfer to another permanent position and dismissal must be entered into the work book.

In the latter case, the grounds for termination of the employment contract must also be indicated.

It should be borne in mind that information about rewards for success in work is entered in the work book, but not about penalties. The exception is cases where the disciplinary sanction is dismissal.

There are situations when, for one reason or another, employees of an entrepreneur do not want to submit their work books. How to fulfill the obligation to maintain a work book in this case? It is not necessary to issue a new one, since the employer is not given the right to start another work book for the employee if the previous one is available. And in order not to fall under administrative punishment for violating the procedure for maintaining a work book (), it is necessary to draw up an appropriate act signed by several witnesses stating that the employee was asked to submit a work book, which he refused without explanation.

Attention!
The name of the employer must be spelled out in full in the work book. For example: "Individual entrepreneur Vasiliev Vladimir Vasilievich."

Since February 2008, Gosznak has been affixing a hologram as a measure to protect the forms of work books. It is used at the request of the employer issuing the work book. She can protect the invariable elements of the form, for example, the number, the signature of the person who issued the form, the seal of the employer. Forms of work books and inserts without holograms are valid.

Correcting errors in the workbook

As they say, no one is immune from mistakes, therefore, if an error is found in the work book, it must be corrected. The best option is to ask the person who made the mistake, that is, the previous employer, to do this.

If the previous employer cannot be found (for example, the company is liquidated, and the entrepreneur has moved), then the employer who discovered the error has the right to make the adjustment. However, this requires an official document from the place of work where the mistake was made.

On the title page of the work book, edits are made on the basis of a specific document. For example, changing the entry about the last name - based on the data of the passport, birth certificate, marriage or divorce with reference to their number and date. On the basis of the same documents, they change the name, patronymic and dates of birth that are entered incorrectly in the labor. The previous entry is crossed out with one line and a new entry is made. On the inside cover of the work book, links are made to the documents on the basis of which the changes were made.

At the same time, it is not allowed to cross out incorrect entries in those sections of the work book that contain information about the work or awards of the employee. Such records must be “recognized as invalid”, and then the correct ones must be entered.

In the case when the entrepreneur, having re-registered, changed his name, and changes must be made to the book.

IP workbook. Registration of the section "Information about work" in connection with a change in the name of the employer - an individual entrepreneur

Since the entrepreneur as an employer acts on the basis of registration documents, it can be assumed that it is more correct to make an entry in the work book specifically about the renaming of the employer. In this case, the entry will look like this: “Individual entrepreneur I.I. Ivanov (IP Ivanova I.I.) from 09/01/2012 was renamed into an individual entrepreneur I.I. Petrova (IP Petrova I.I.)”. Such conclusions follow from
Legal recommendations are given on the correct correction of errors in the work book.

Recommendations are given on how and where to make and issue a duplicate work book.

An individual entrepreneur or individual entrepreneur is an independent subject of activity. In the course of its activities, an individual entrepreneur can work independently or involve third parties. These can be both persons with whom an employment contract is concluded, and personnel who are involved in performing one-time work within the framework.

Do individual entrepreneurs need a work book: what does the law say

The Labor Code distinguishes three key categories of employers: entrepreneurs and legal entities. Thus, the special status of IP follows from legislative norms. He is not an employee of himself, since he does not enter into an employment contract with himself. According to the rules of Art. 20 of the Labor Code, a person who has entered into an employment relationship with an employer can be recognized as an employee.

The Labor Code expressly states that individual entrepreneurs can have the status of an employer. This rule is spelled out in Art. 20 TK. But the individual entrepreneur does not draw up labor relations with himself, therefore, no marks are entered in the work book.

This conclusion follows from the provisions of Art. 66 of the Labor Code, according to which employers keep work books only for their employees.

This is the difference between IP and legal entities. The latter must have at least one employee. Even if they are the same person and there are no more employees in the company, the director is still considered an ordinary employee and must make a mark in his work book for himself.

You may have a work book, because he could well draw it up before opening a business, when he was employed. But a note about his current entrepreneurial status is not needed there.

If the individual entrepreneur has not worked anywhere before and he does not have a work book, then there is no need to start it.

The importance of making entries in the work book is usually associated with what is subsequently determined on their basis. The time of entrepreneurial activity is also included in the insurance experience.. It begins to be calculated from the moment of registration of the entrepreneur until his exclusion from the USRIP on the condition that insurance premiums were paid for him. This rule is contained in Part 3, Clause 1, Art. 7 of the Federal Law "On Compulsory Pension Insurance" No. 167. Information from the USRIP is publicly available, therefore, to confirm the period of entrepreneurial activity, it is not necessary to make entries in the work book.

How to make an entry in the work book of an individual entrepreneur

As already noted, the entrepreneur himself does not make any records.

An entrepreneur makes an entry in the work book of his employee according to general rules. In this case, the entrepreneur should be guided by the Labor Code, Instruction on work books No. 69, Rules of work books No. 255 of 2003. There are no exceptions for entrepreneurs when filling out work books for their employees.

In the third column of the section "Information about work", the entrepreneur should write the full name of the employer (according to clause 3.1 of Instruction No. 69). Here, the full name and the name "individual entrepreneur" are entered in full without abbreviations.

In established cases, records are certified by the seal of the individual entrepreneur. But the entrepreneur is not required to have a seal, so he has the right to certify the record with his signature.

Thus, the entrepreneur himself does not start a work book and does not make any notes that he works for himself. But if an entrepreneur has hired employees under an employment contract, then he must fill out a work book according to general rules.

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