A work book is one of the most important documents that every employee should have. But is it necessary to start it to an individual entrepreneur and fill it out? Let's find out.
Often entrepreneurs ask themselves a question - do they need to make an entry in their work book for themselves? First of all, let's remember what kind of document it is. The work book is intended to confirm your work experience. Its registration is carried out at employment. Yes, everything is very clear with employees, but as for the entrepreneur himself, that’s another question. Let's deal with this situation and find out whether entrepreneurs need to take notes and how to do it.
Do I need to keep a work book for myself?Employment history
Under the law, entrepreneurs are considered employers. So they do not need a work book, but in reality the situation is somewhat different.
The fact is that, according to the law, an entrepreneur is not an employee. This status is acquired only by its employees. Thus, in order not to have to pay fines, the relevant documents must be drawn up for the employee.
To answer the question - do I need a work book for entrepreneurs, two points must be learned:
- The responsibilities of the individual entrepreneur include registration of work books for each employee
- An entrepreneur cannot be considered an employee, as stated in law
Accordingly, the entrepreneur does not need to make any notes to himself, as well as draw up something.
Will there be an IP experience if there is no work record?Experience IP
Why are entrepreneurs so worried about their work books? The fact is that they do not understand whether seniority will be counted towards them and whether they will receive a pension.
In fact, there is nothing to worry about, since the period during which entrepreneurial activity is conducted will also be counted in the length of service. Just to confirm it, you will need to provide a certificate of state registration.
Every entrepreneur has the right to receive a pension upon reaching the appropriate age, but only to receive it, you must first save it. And for this you need to do annual deductions. Yes, the employer makes them for ordinary workers, and since the individual entrepreneur works for himself, then you have to pay for everything yourself.
Although, you can refuse to do this, only then the state will not pay pension.
Not everyone becomes an entrepreneur immediately after adulthood. Usually people first go to work for hire. However, then they become entrepreneurs and are already beginning to think about how experience will be taken into account.IP certificate
As we have already said, the experience is confirmed by the certificate of registration, but it is also necessary to confirm that contributions to the FIU were made regularly. To do this, you need to get a special certificate. This is another document that will reflect the experience.
How to enter an employment record book and make an entry in it for an employee: filling rules, sample
According to the law, an entrepreneur is a full-fledged employer and his duties include the design of work books for employees. The only situation when registration is not required is an admission to a temporary position.
When an individual entrepreneur accepts a new employee who will work on an ongoing basis, an entry is made in the work book. According to the law, this can be done not immediately, but 5 days after taking office.Cover page filling
When filling out a work book, you need to do this consistently and observe the following rules:
- Complete the name of the employer without abbreviations. Even IP must be written completely and without abbreviations.
- If the employee is employed for the first time, then the employer fills in the first page of the work book. The form is purchased by the employee personally or he agrees to withhold the required amount from the salary.
- When registering a work book, you must correctly fill out the first sheet. It contains the data of the employee for the passport. Education must be indicated as indicated in the diploma.
- Dates are indicated in Arabic numerals, no Roman should be used.
- If the employee quits, then the reason and article of the Labor Code are always indicated, on the basis of which the employment contract is terminated.
- All entries are made under serial numbers.
- The name of the position where the employee is taken is mandatory. If the position name is changed or a translation is being performed, then all these actions are also reflected in the document.
Perhaps in words it all may seem complicated, but in fact there is nothing wrong with filling it out. If you do not quite understand what and how to write, then take a look at this sample:Labor sample
Be sure to follow the filling rules, otherwise it will result in violation of the law. If you do not want to pay fines, then be extremely careful and careful.
The nuances of working with a workbook for entrepreneurs: legislation, fines
First of all, no data on various disciplinary punishments are recorded in the work book. This is possible subject to the dismissal of the employee. Then the reason for the dismissal and the article from the Labor Code of the Russian Federation are indicated.
Some employees do not want to provide a document to fill out. But this does not mean that you can’t leave the entry, as you will have to pay a fine of 50 minimum wages. Yes, and to issue a new book in the presence of an existing one is prohibited, but you can fill out a special act.
Two witnesses are needed to compile it, able to confirm that the employee refused to provide the document. If he voiced the reasons, then this is also recorded in the act. Or it is indicated that there are no reasons for refusal.
How to save an employee work book?Workbook Storage
The employment record must be kept by the employer during the entire employment of the employee. After dismissal, she is given into his arms. As practice shows, not always former employees can or want to pick up a document. For example, if the calculation is not paid, then just too lazy to go for a book. Or the employee died and there is no one to do it.
You should never rush to throw away documents, because they are extremely important. By law, books must be stored for at least 2 years, and then they are transferred to the archive and stored there for 50 years.
How to fix a mistake in the workbook?
Filling out work books is done manually, and therefore the absence of errors is more important than ever. The employee himself has no right to make changes to the work book.Labor corrections
Although mistakes are extremely rare, only the employer is allowed to correct them. This is easiest to do before the employee has quit. Then just ask for a correction.
Although, after the dismissal, the current employer can do everything necessary. But he only needs the corresponding document that the past employer made a mistake. As practice shows, often the last employers can no longer be found - they stopped working, are liquidated, renamed, and so on. Then no documents are required and the employer can correct the information himself.
How to make changes to the IP workbook: order, sample
It is important to know how corrections are made.
- If an error is revealed on the title page, then it can be corrected, but for this, an additional document is indicated on the basis of which changes were made. For example, an employee changed his last name. Then he must be given the appropriate certificate.
- Date of birth is changed on the basis of a passport or other documents.
- To make changes, cross out the wrong data with one line and write new ones. The document that served as the basis for corrections is written on the cover.
- It is worth noting that nothing can be changed in the section on rewards. If suddenly there is an error, then opposite the inscription is written "invalidate" and then the correct data is already indicated.
- Changes are always made even if the entrepreneur has registered in a new form or simply made a new name.
If necessary, changes must be made, otherwise it can lead to an administrative fine.