Employment is an important process. It allows you to get seniority for accruing a pension in the future. But in Russia, there is often work under a contract without a work book. What are the pros and cons of such employment? Should I agree to it? How legal is such an action? All the features of this type of labor organization will be described below.
Job application
Labor relations in the Russian Federation are regulated and regulated by the Labor Code of the Russian Federation. It spells out all the features and nuances of the relationship between the boss and subordinates.
The citizen must have a work book. It contains data on official employment and dismissals. The document is extremely important when assigning a pension.
But more and more often in practice there is work under a contract without a work book. What advantages and disadvantages does this scenario have?
Legality
The first thing you should pay attention to is the legality of this work. Is it possible to work without a work book, and even officially?
According to the established legislation, it is impossible to work with the contract without labor. Corresponding entries must be entered in the employee's document.
The arrangement may be verbal, but such experiments are not welcome. Indeed, in this case, employment will be considered unofficial. And this, in turn, is illegal. Registration for work under an employment contract takes place in Russia. But without entering an entry in the work book, work is considered risky.
Exceptions to the Rules
However, some exceptions still apply. Work under the contract without a work book is possible in certain circumstances. Moreover, as practice shows, it is absolutely legal.
Among the main opportunities that allow the population to work without labor, there are:
- primary employment of a citizen;
- part-time work ;
- work under a civil law contract;
- work with a lost or damaged workbook (at the time of restoration of the document).
In all these cases, the agreement between the parties is signed without labor. Such work has its advantages and disadvantages. Which specifically? What should every citizen consider?
Civil contract
A civil contract in practice is more and more common. For a pension, such a relationship between an employer and a subordinate is no different from working with a work book. After all, the boss will still have to make contributions to the Pension Fund of Russia. But regarding labor guarantees, there are some peculiarities.
Work under a service contract, as well as other legal agreements, does not provide any significant labor guarantees. For example, you can forget about paid sick leave, leave and bonuses. This fact is attributed to the shortcomings.
The employer in this case:
- draws up SNILS if necessary;
- makes contributions to the PFR and FFOMS;
- offers a citizen accident insurance at work.
These advantages are endowed with a civil law contract. Under certain circumstances, such an agreement may be recognized as labor.
Service
More and more often there is work under a contract of services or the provision of services. Typically, such an agreement indicates that someone is providing the service, and someone is paying for it.
As a rule, the employer will be the customer. The text of the document prescribes all the conditions for the provision of services, as well as the consequences that will occur in case of violation of the agreement.
The main advantage is high profit. Among the shortcomings highlight the difficulty of legalizing the funds received and the need for self-payment of taxes.
Proof of work
Work under a contract without a work book has one significant drawback - it is the need to prove employment in a given time period in the FIU. Otherwise, work without labor will not be counted in the length of service for calculating a pension.
As practice shows, it is the work book that is the main indicator in assessing the duration of a citizen’s work for a lifetime. But if necessary, you can additionally submit other papers.
Which ones? These include:
- contracts (including civil law);
- an act of completion of work under the contract (a very common case);
- settlement books and receipts;
- testimony (at least 2 people);
- union tickets.
All the listed papers will help to prove labor activity, but only when the employer or his subordinate makes the appropriate contributions to the Pension Fund.
pros
What are the benefits of contract work? The deadlines for the performance of certain tasks, the provision of services or labor are prescribed in the agreement. A citizen will know exactly how much and how exactly he will have to perform certain tasks.
Further, it is customary to single out high wages as the main plus. This item often becomes the main motive for working without a work book. Workers want to get decent pay, albeit without taking into account experience.
This can end the description of the positive aspects of work without labor. The advantages of such work are called dubious.
disadvantages
But the disadvantages of the studied labor relations are much greater. Work under a contract of employment without a work book implies, as you might guess, good earnings. At the same time, it will have to be taken into account that no social and labor guarantees will be provided to the employee. As was said, rely on sick leave, leave, and, as a rule, no bonus.
The next drawback is the dishonesty of the employer. There are very few good and honest bosses (customers). If a citizen does not work according to the work book, he is vulnerable. Proving a contract is not easy. And a dishonest boss can simply fool a worker.
Cases when people simply do not get paid are very common. The work is completed, but the boss does not issue the required cash. You have to go to court and prove the fact of employment. Or put up with the fact that work under a contract or any other agreement will not be paid.
Another drawback is the lack of seniority. As has already been emphasized, the FIU will have to prove the conduct of a particular labor activity without a work book. This process is a lot of trouble.
Also, when working under an employment contract, an agreement is signed for a specific period. After its onset, a person may be left without work - you will either have to renegotiate the contract, or look for a new employer.
In fact, a citizen does not receive any guarantees. But they are partially offset by high wages. Therefore, some agree to work without a work book. A similar practice appears in Russia more and more often.
There is a contract - no labor
Working as a driver under a contract without a work book is a risky business, just like in most other cases. In Russia, punishment is given to employers who do not issue a work book or do not make appropriate employment records in a subordinate's document. Therefore, we can say that such a situation is a matter of jurisdiction.
If, after employment, a citizen is not issued a work book or is not accepted for making records on labor activities, you can safely complain to the labor inspectorate.
And what if the person chose a part-time job? How to work part-time? By law, you can do without additional paperwork and registration of a work book. But in practice, usually subordinates are asked to enter data on the part-time job into the document. After all, this is a guarantee of a high pension.
Summary and Conclusions
What conclusions can be drawn from the foregoing? Work under a contract without a work book is a profitable business, but risky. It does not give any real guarantees to employees. Women are not entitled to maternity leave for such work. It is proved in practice that work under a contract in a particular case with special difficulties.
Nevertheless, those who manage to find a stable and reliable employer often work for him without registration. This is not entirely legal, but a similar practice takes place in Russia. The main thing for them is that they will earn good money.
A number of cases under the law provide for employment without a work book, and without any labor. Therefore, it is impossible to say with certainty that 100% of those employed under a contract without labor are illegally working people.
It is recommended to avoid such work. In fact, many employers in every possible way deceive their subordinates if they do not have employment records in the work book. Therefore, it is better to avoid such superiors.
In any case, the absence of an employment record is always a minus rather than a plus. It is better to give preference only to formal employment with social and labor guarantees. Otherwise, you can be left not only without a salary, but also without the things officially prescribed for working people.
Work under a contract of employment without a work book is far from always justified. You can trust the boss, but the subordinate will act only at your own peril and risk.