What is the penalty for an unformed worker? Legal practice

All organizations, individual entrepreneurs must follow the rules of law. They establish the rules for hiring. Employment is accompanied by the execution of the contract: it is made in 2 copies - one for the employer, and the other for the employee. The law provides for a fine for an unformed employee.

Reasons for the fine

If the employer hires employees informally, administrative or criminal liability is provided. It all depends on the damage done to the state. Unofficial execution is punishable due to several reasons:

1. The absence of an employment contract does not oblige to pay personal income tax - 13%. Deductions are made only from official employment. It is produced by the employer.
2. The employee does not count work experience, and the employer does not transfer money to the Pension Fund. As a result, the state does not receive funds for the maintenance of pensioners, and the employee loses his pension in the future.
3. There will be no deductions to the insurance fund, which allows you to use free medical care.
4. An employee without registration is not entitled to many things. It will be difficult for him to receive payments when calculating, salary, compensation for vacation.
5. If disputes arise in court, it will not be possible to prove their case.

Thus, informal employment harms the state and the employee himself. The task of supervisory institutions is to identify violations and respect the rights of employees. What penalties for an unformed employee should be paid to employers will be discussed later.

When can I not fill out an employee?

There is only one case where it is possible to do without formalization. This applies to work that is performed by an employee for a short period, but it should be no more than 3 days. Then registering an employee is not necessary, and this will not be a violation of the law. If the work continues for a longer time, then it is imperative to conclude a contract.

Responsibility of IP

For entrepreneurs, administrative responsibility is provided. How much is a fine for an unformed worker? If a violation is detected, the amount will be 1-5 thousand rubles. In this case, the work of the entrepreneur may be suspended for 90 days, which leads to losses and closure of the organization.

Registration costs will be less than fines. But if an employee continues to work like this for more than 1 year, and taxes were not paid for this period, then a criminal case could be opened under article 199-1 of the Criminal Code of the Russian Federation. In case of major damage, the fine for an individual employee for an unformed employee will be up to 300 thousand rubles or imprisonment for 2 years.

With criminal liability, it may be deprived of engaging in activities for a long period. Usually, upon detection of informal employment, state bodies do not close the organization, but seek payment of taxes and compensations. An entrepreneur can suffer serious damage, so you should not risk it. It is best to immediately fill out the necessary documentation.

Responsibility LLC

The fine for the unformed employee pays and LLC. According to Art. 5.27 Administrative Code assigned a large amount. She is discharged to the head or responsible person who is engaged in the personnel sphere. In case of repeated violations that caused great damage to the state, large fines are called. Sometimes it provides for the release of responsible persons from work.

There is a possibility of criminal liability. Then the punishment will be correctional labor or imprisonment up to 2 years. Upon detection of the first violation, the legal entity must pay a fine for an unformed employee in the amount of 100 thousand rubles.

Work is suspended for 90 days. The manager must also pay a fine for the unformed employee. In 2017, its size is 5 thousand rubles. Responsibility is provided for the incorrect execution of contracts, work books. The documentation should be drawn up according to the standards, and any shortcomings lead to problems both for the employer and for the employee.

Employment of migrants

A fine for an unformed employee is also provided for in case of illegal registration of refugees. The heads of the institution should be attentive to the employment of foreign citizens. Then it will be controlled by state bodies.

Popular violations include:

1. The employee works illegally, that is, he does not have a patent and other permits. Then he will be deported from the country, and the employer must pay a heavy fine.
2. The employer did not notify the migration service of the admission of the foreigner or did so, but not on time. Information must be sent to the FMS even after the termination of the contract with a foreign employee.
3. The foreigner was not accepted in the specialty indicated in his patent. Then he is fired, and the employer must pay a fine.
4. The organization employs foreigners without permission.

What are the fines for the informal employee in 2017 provided? For officials, the amount is 35-70 thousand rubles, and for legal entities - up to 1 million rubles. With illegal hiring of foreigners, the work of the institution stops for 14-90 days, which causes losses. Due to strict state control, many organizations refuse to hire foreigners.

Frequent violations

For improper execution also punishable. Violations may involve abuse and compliance. The head needs to ensure labor protection:

1. Provide personal protective equipment, which is recorded in a special journal.
2. The issuance of PPE is based on the results of certification. If the procedure has not been completed on time, the company will be required to pay large amounts.
3. Before being admitted to work, employees get acquainted with safety, sign for familiarization with the information.

This is only part of the violations for which there is liability. In order to avoid penalties, it is necessary to comply with all the rules for maintaining documents and hiring people. Then there will be no extra costs.

How to identify "illegal" employees?

Controlling organizations work to identify violations. There are many of them, most often the tax and labor inspectorates are satisfied with the checks. In this case, the Federal Law No. 294 is taken into account, and the tax one carries out the work according to Ch. 14 of the Tax Code of the Russian Federation.

Violations are determined by desk or field inspection. Tax officers have the right to familiarize themselves with the documentation for the current year and 3 previous ones. Interviewing of witnesses, inspection of premises, seizure of documents is allowed. Tax officers must have permission to check. As a result of the event, a certificate is created on the basis of which an act is drawn up with violations and recommendations for their elimination, for which 2 weeks are allocated.

Occupational Safety and Health

A labor inspectorate may arrive at any institution for verification. An unscheduled event occurs due to complaints from offended employees or competitors. Sometimes a raid is carried out with other regulatory authorities.

A protocol is drawn up that contains the following information:

1. F. I. O. inspector.
2. Violations.
3. Rules for elimination.

The protocol is considered the basis for a fine or appeal to the court for criminal prosecution. Supervisory institutions have many methods to enforce law.

What is needed for employment?

A complete list of documents required for the preparation of the contract is specified in article 65 of the Labor Code of the Russian Federation. The employer should not require anything extra. From documents for work it is required:

1. Passport.
2. Employment history. According to article 66 of the Labor Code of the Russian Federation, every employee who has been working for more than 5 days must have this document. With the first admission, the employer draws it up.
3. TIN, pension certificate. A person not related to IP may not have a TIN. But you can get it at the tax office.
4. Military registration document. It must be available to men 18-27 years old, who can be called up for military service.
5. Certificates and diplomas confirming education.
6. Medical book. Required for employees in the field of trade, education, medicine, catering.
7. Certificate from the Ministry of Internal Affairs about the criminal record.

According to article 64 of the Labor Code of the Russian Federation, the employer must not unreasonably refuse to employ a citizen, even if he does not have a local registration. But in practice, organizations rarely hire workers without local registration. For any violation of rights, employees have the right to defend their interests in court.

Formalization allows you to get a legitimate job for which you do not have to pay a fine to the employer. After all, checks are carried out by regulatory authorities regularly. It is better to immediately register everything so that any checks pass without problems.