Andrey Gorodissky & Partners
Correct completion of the employee hiring formalities can save employers many troubles. A single error in completion of such formalities may result in that appropriateness of staff reshuffle, employee termination or redundancy will be doubted. Controlling authorities scrutinize personnel hiring records and may find grounds for making claims and combative employees go to court using such grounds.
Documents to be provided by Employee
In accordance with Art. 65 of the Russian Labor Code (“LC”), the employer should request, for its own benefit, that the employee provide the following documents:
Apart from that, before signing an employment agreement, the employer may request additional documents certifying that the employee’s competencies meet the job and position requirements, such as a certificate of education or qualification or specific competency, driver’s license, certificate of no criminal record, etc. The would-be employee must provide such documents upon request.
If the employee has no work book, he/she can notify the employer thereof in writing, stating the reasons. Thereafter the employer must issue a new work book for the employee.
Some employees may be eligible for preferences. The employer is required to provide them only if the employee has submitted all documents required to evidence that he/she is eligible for the preferences claimed.
Although there is no express requirement in the law that the employee should submit such documents, the fact of non-disclosure of such documents during negotiating and signing of the employment agreement can reasonably be regarded by the employer as unfair conduct of the employee.
After you make sure that the employee has all the documents required, you can proceed with completing the paperwork hiring procedures.
The procedures are set forth in Art. 68 of LC:
According to Art. 69 of LC, certain professional occupations and specialties as well as certain labor conditions at the work place require that the candidate for the relevant job position should undergo prior medical examination.
The employer must not allow the employee to start work if he/she has refused to undergo the required medical examination or if such examination has revealed medical contraindications to the employee’s job. It is the employer, not employee, who should arrange (issue a referral for) and pay for prior medical examination of the employee.
Admission to work of the employee who has not been provided with the health and safety briefing or has not undergone medical examination is regarded as violation of law by the employer. In such instances the employee should be suspended from work until the relevant requirements of law are duly met, as required by Art. 76 of LC.
Employee should read relevant documents
The employee should read attentively his/her employment agreement and make sure that the information set forth therein is correct, such as the names of the parties, job title (professional occupation), work commencement date, place of work, job functions, salary amount and work schedule. These provisions should be in accordance with the arrangements agreed and expectations of the employee. The same applies to the hiring order, employee information card and record in the employee’s work book, which should be in conformity with the terms of the employment agreement.
The employee may ask for granting a time period for reading the employer’s local regulations, his/her employment agreement and other documents to be able to understand the terms and conditions of his/her job and to make sure that his/her employment agreement is signed by a duly authorized person. If it is signed by a person other than the employer’s CEO, the employee should be provided upon request with evidence of the authority of the signatory.