Hello! In this article, we will talk about the system of penalties for entrepreneurs and directors of organizations in case of improper registration of their employees.

Today you will learn:

1. For what reasons is superimposed and the director of the company, if the employees are not formalized;
2. What is the responsibility and legal entity in this case;
3. What is the responsibility of the employer in case of incorrect registration of migrants;
4. What you need to consider when hiring foreign illegal immigrants;
5. The amount of fines that are imposed on individual entrepreneurs and legal entities in case of inappropriate employment of employees.

Reasons for imposing fines on the management of the company

The employment relationship between the employer and the employee must be formalized in accordance with the law.

To apply for a person’s position, the employer is obliged to conclude with him, according to which, both parties to the employment relationship have certain obligations.
Such an agreement is drawn up and signed in duplicate, indicating the date of employment. , then you must specify the date of termination of the employment relationship. One copy of the contract is kept by the employer, the other is given to the employee.

The date of admission is very important information, which indicates that the person is formally registered and started working from a certain moment.

The contract must be spelled out without fail: the last name, first name, patronymic of the person being accepted, his personal data (passport number and series, TIN and SNILS numbers), address of residence. The employee must provide documents on education and confirmation of qualifications for the position held. Be sure to indicate in the contract the type and nature of work, the schedule of the working week. These are integral parts of the employment contract that cannot be violated.

The employee is obliged to properly perform his labor functions, to observe the daily routine at the enterprise. And the employer, in turn, guarantee him a constant and appropriate remuneration, pay taxes, provide the employee with all benefits and social guarantees.

A person can work without registration for only three days, then he must be registered labor contract.

Reasons for fines:

1. Untimely conclusion of an employment contract with an employee or its absence. This leads to the fact that the employee does not have official earnings, in connection with this there is no payment to the state;
2. If the contract is not concluded, the employee does not count seniority, and no payments are made to the FIU, which will negatively affect the execution of an old-age pension;
3. Medical institutions may refuse to provide an employee of any organization with free help due to the fact that there is no payment of contributions to the health insurance fund;

When a person is not officially registered at the enterprise, he loses his rights. He cannot achieve a number of payments, for example, vacation pay, final settlement. And when addressing these issues to the courts, he will not be able to prove the onset of such moments.

The question arises of how to avoid a fine for an unregistered employee, as well as administrative and criminal liability. The main thing is to legitimize the relationship between the employer and the employee in time and correctly.

Responsibility for non-registration of IP employees

Usually, in practice, entrepreneurs do not enter into employment contracts with their employees. So, they try to save their money, thereby not paying taxes to state funds. This is a violation that entails the imposition of a fine on individual entrepreneurs up to five thousand rubles, and the activity of the entrepreneur is suspended for 90 days. Often such situations end with the closure of the activities of the individual entrepreneur, in the best cases they will lead to losses.

If the verification reveals the fact that the employee has not been registered for several years, and taxes have not been paid for this period, then a criminal case is opened against the individual entrepreneur, and a requirement may be made to pay insurance premiums for the missed period in full.

The fine for such a violation for an individual entrepreneur is up to 300,000 rubles, and an arrest of up to two years can also be imposed.

A fine for an individual entrepreneur will significantly affect its financial results, therefore, in order to protect yourself from huge losses in the future, you should draw up employment contracts in accordance with all the rules with your employees.

Responsibility for non-registration of employees of legal entities. persons

Legal entities must also be held accountable before the law for non-compliance with the official employment of their employees and for violations in the preparation of employment documents.

When such a situation occurs, fines can be imposed directly on the director or inspector of the personnel department.

• suspension officials from work;
• The imposition of large fines on a person in the amount of up to 100,000 rubles;
• Imposition of fines on the head of the organization in the amount of up to 5000 rubles;
• Suspension of activities for a period of 90 days;
• Criminal prosecution;
• correctional work;
• Arrest for up to three years.

Such measures can also be determined in case of incorrect execution of work books and labor contracts.

Responsibility for migrants

Improper registration of migrants, that is, foreign citizens, entails even greater responsibility from the employer.

In the following cases, the director will receive a fine for working with illegal immigrants:

• If the foreigner does not have a permit for any kind of activity;
• If a special permit has not been issued to attract a foreigner to work;
• If a contract is concluded with a migrant, according to which he was not notified of the terms of work;
• When a foreign citizen does not work in the profession specified in his work permit.

For such labor violations a fine is imposed on the director in the amount of 35,000-70,000 rubles. A fine of up to 1,000,000 rubles will be imposed on the organization, and the work of the enterprise will be stopped for 90 days.

When hiring foreigners, you should follow his registration. In case of delay, the federal migration service may impose penalties on the employer.

When hiring a foreign person, you should pay attention to a number of points:

• Check the presence of an identity document (passport, refugee certificate or residence permit);
• Check the initial registration of an illegal immigrant;
• Check for a patent or work permit in a particular area of ​​the Russian Federation;
• Check the documents confirming the qualifications of the position held;
• Availability of certificates of the pension fund and TIN.

Basis for fine	Amount of the fine
When a foreigner performs work that is not specified in the permit	The size is determined by the FMS
If a foreigner does not have a work permit
If the employer did not inform the FMS about the employment of a foreigner	From 25,000 to 50,000 rubles. for the director personally, from 400,000 to 800,000 rubles. to the organization.
If the employer fails to comply with the obligation to register an illegal worker	Up to 500,000 rubles. at legal face
If the employee carries out his activities not in the territory for which the permit is issued	Up to 50,000 rubles. per official, up to 800,000 rubles. at legal a face for every illegal worker

No matter what the violation took place, when attracting a foreign work force, the fine for informal employment is very high.

Therefore, in order to avoid such financial losses for the organization, it is necessary to study well legislative framework when registering illegal immigrants.

Organizations-auditors, upon detection of violations of labor legislation, draw up an audit protocol, on the basis of which the amount of penalties is determined.

Output

If you are an employer, whether an individual entrepreneur or a legal entity, you are obliged to employ your employees officially, pay them the due salary and pay taxes. Otherwise, you will be subject to criminal liability.

If you decide to save on your employees, then you will have to spend Money several times more.

The worker, for his part, must demand precisely official employment in order to provide himself with all social benefits and not receive wages"in an envelope".

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

Reasons for the fine

If the employer hires employees unofficially, then administrative or criminal liability is provided. It all depends on the damage done to the state. Informal registration is punished due to several reasons:

1. The absence of an employment contract does not oblige you to pay personal income tax - 13%. Deductions are made only from official employment. This is done by the employer.
2. The employee does not count the length of service, 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 has no rights to many things. It will be difficult for him to receive payments in the calculation, salary, compensation for vacation.
5. When disputes arise in court, it will not be possible to prove one's case.

Thus, informal employment harms the state and the employee himself. The task of controlling institutions is to identify violations and respect the rights of employees. What fines for an unregistered employee are supposed to be paid by employers will be discussed further.

When can you not register an employee?

There is only one case when it is possible to do without official registration. This applies to work that is performed by an employee for a short period, but it should not be more than 3 days. Then it is not necessary to register an employee, and this will not be a violation of the law. If the work continues for a longer time, then it is necessary to conclude an agreement.

IP responsibility

Entrepreneurs are subject to administrative liability. How much is the fine for an unregistered 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 the closure of the organization.

Registration costs will be less than fines. But if the employee continues to work like this for more than 1 year, and no taxes were paid during this period, then the possible opening of a criminal case for major damage, the fine for an individual entrepreneur for an unregistered employee will be up to 300 thousand rubles or imprisonment for 2 years.

With criminal liability, deprivation of employment for a long period is possible. Usually when informal employment is found government bodies do not close the organization, but seek payment of taxes and compensation. An entrepreneur can suffer serious damage, so you should not take risks. It is best to fill out the necessary documentation right away.

LLC liability

The LLC also pays a fine for an unregistered employee. According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation a large amount is assigned. It is issued to the head or responsible person who is engaged in 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, a legal entity must pay a fine for an unregistered employee in the amount of 100 thousand rubles.

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

Employment of migrants

A fine for an unregistered worker is also provided for in the 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 the state authorities.

Popular violations include:

1. The employee works illegally, that is, he does not have a patent and other permits. Then he is deported from the country, and the employer must pay a large fine.
2. The employer did not notify the migration service about the admission of a foreigner or did it, but out of time. It is also necessary to send information to the FMS after the termination of the contract with a foreign employee.
3. The foreigner was admitted not in the specialty that is indicated in his patent. Then he is fired, and the employer must pay a fine.
4. The organization employs foreigners without obtaining a permit.

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

Frequent violations

There are also penalties for non-compliance. Violations may relate to infringement of rights and compliance with norms. The manager needs to ensure labor protection:

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

This is only part of the violations for which there is responsibility. To avoid penalties, you need to comply with all the rules for maintaining documents and hiring people. Then there will be no extra costs.

How are “illegal” employees identified?

Supervisory organizations are working to identify violations. There are many of them, most often inspections are arranged by the tax and labor inspectorates. At the same time, Federal Law No. 294 is taken into account, and the tax office carries out work according to Ch. fourteen tax code RF.

Violations are determined by a desk or field audit. Tax officials have the right to familiarize themselves with the documentation for the current year and 3 previous ones. Interrogation of witnesses, inspection of premises, seizure of documents is allowed. The tax authorities 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

The labor inspectorate can come to any institution for inspection. 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. Full name of the inspector.
2. Violations.
3. elimination rules.

The protocol is considered the basis for imposing a fine or going to court to bring to criminal liability. Regulatory agencies have many methods to enforce compliance with the law.

What is required for employment?

The full list of documents required for is specified in Nothing else the employer should require. From the documents for work it is required:

1. The passport.
2. Employment history. According to article 66 of the Labor Code of the Russian Federation, every employee who works more than 5 days must have this document. With the first admission, it is drawn up by the employer.
3. TIN, pension certificate. A person who is not an individual entrepreneur may not have a TIN. But you can get it from the tax office.
4. Military document. It must be worn by men aged 18-27 who may 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 on non-conviction.

According to Article 64 of the Labor Code of the Russian Federation, an employer should not unreasonably refuse a citizen employment, even if he does not have local registration. But in practice, organizations rarely hire workers without a local residence permit. In case of any violation of rights, employees have the right to protect their interests in court.

Official registration allows you to get a legitimate job, for which you do not have to pay a fine to the employer. After all, inspections are carried out by regulatory authorities on a regular basis. It is better to register everything at once so that any checks pass without problems.

Employment can be formal or informal. Each of these options has its pros and cons. The employee chooses the conditions based on his capabilities, experience and worldview.

For many people, work without registration in the state is not only normal, but also more preferable than concluding an agreement with an employer.

What does it imply?

Informal employment is a type of relationship between an employee and an employer, which is labor activity without a contract. There is no such concept in the Labor Code of the Russian Federation. According to the law, at the time of hiring, the employer is obliged to draw up a description describing all the conditions for future activities.

At an unofficial reception, the worker does not sign any documents, is not included in the payroll of the enterprise, an entry in work book is not done. That is, the period of such work is not counted in the length of service.

How is it beneficial for the employer and employee?

Such relationships are to some extent beneficial to both the employee and the employer. That is why they are so popular.

Benefits for the employer:

• You won't have to pay. The obligation to transfer sums insured to off-budget funds rests with employers. Therefore, the main reason why enterprises prefer not to formalize relations with the applicant is the opportunity to save money.
• Hiring and dismissal of personnel are not accompanied by lengthy procedures established by law. If the organization decides that it no longer needs the services of a person, then stop labor Relations the parties may at any time. It does not have to wait set time, send notices of reduction, pay certain compensations, and so on.
• An employer can find a person for urgent work. For example, in the event of illness of the main employee, the employer finds an employee who temporarily performs certain duties.
• You don't have to pay for downtime. According to the Labor Code of the Russian Federation, if a worker cannot carry out activities for reasons beyond his control, for example, if equipment breaks down, the enterprise is obliged to pay for this time. If a contract is not concluded with him, these amounts can not be transferred.
• It is possible not to conduct personnel workflow. The lack of official registration allows the company not to burden itself with the preparation of certain reports, filling out work books, personal files and other things.
• You can not pay wages, vacation pay, violate the law. Sometimes unscrupulous employers specifically look for workers who agree to such conditions in order to obtain the necessary services from them, while not paying the agreed amount. Some practice a ban on providing employees with paid non-working time, most often this happens with study holidays and sick days. Since a person does not formally have any rights, he cannot complain to state bodies.

There are also some benefits for the employee:

• Higher wages. In this case, the employer does not charge personal income tax, does not pay contributions to extra-budgetary funds, so he gets the opportunity to set a salary level that will be beneficial not only to him, but also to the employee.
• Limited Legal Liability. If a person is not registered officially, he does not bear any responsibility for material damage. This fact is the biggest plus in this type of work.
• Opportunity to avoid payments on writ of execution. Officially, a person is unemployed, so he may not pay alimony and some other amounts, for example, deductions on a loan.
• Opportunity to work if you can not get a formal job. Sometimes a person wants to find a source of additional income, a part-time job for a short time. Official registration in this case can be difficult, since the main employer sometimes prohibits such activities. Sometimes people deliberately look for such a job because they cannot get a job under an employment contract. This applies to pensioners, disabled people, women on maternity leave.

It is these reasons that most often encourage employers and employees not to formalize their employment relationship properly.

Employment Options

Employment in practice is of two types:

• official. In this case, labor relations are formalized by drawing up one of two documents:
  • labor contract;

  An employment contract is concluded with all employees hired for a permanent activity. It is of two types:

  • , that is, it is supposed to work for a certain period of time;
  • perpetual.

  The document must contain the following information:

  • information about the parties;
  • working conditions;
  • the subject of the contract, that is, the labor function;
  • terms of payment;
  • place of work;
  • start date of activity.

  A civil law agreement is concluded when an employee must perform certain work or services. In fact, it is. In such a relationship, the employer does not have to accrue pension contributions, provide certain working conditions, pay vacation, and so on. Some unscrupulous employers deliberately use such a contract instead of a labor contract. In this case, the employee has the right to apply to the court for the forced execution of the correct documents and payment of compensation.
  Sometimes employers offer limited conditions as official employment. For example:

  • the employee is registered for a shortened day, although he actually works full time;
  • he is officially paid the minimum wage and the balance is paid in cash.
• Unofficial. At the same time, no contract is concluded with the employee, no entry is made in the work book, etc. This type of activity is illegal.

The legal consequences of such an employment relationship are discussed in detail in the following video:

What should an employee do?

If a person works for a long time without registration, although official employment was agreed with the employer, the manager should first be reminded of the need to conclude an agreement. Sometimes this is enough to solve the problem.

If the company refuses to comply with the law, the employee can go to court. To do this, you need to provide the following information:

• Documents related to employment. If there is an order, an entry in the work book, an agreement, a signature under local regulations they must be presented to the court. There is such an opportunity if the registration was not completed completely, for example, a contract was signed, but there is no record in the labor.
• Documents confirming the performance of work. These include:
  • various orders;
  • power of attorney;
  • Executive documents and any others that have the signature of the employee.
• Documents evidencing the existence of an employment relationship. These include, for example:
  • compensation for the use of personal transport;
  • referral to courses;
  • tuition fees, etc.

  It is advisable to provide original documents, but even their copies can help in solving the case.

• Witnesses. These are persons officially employed at the enterprise, as well as business partners, customers. They must tell the court that they saw the worker performing labor function and repeatedly over a long period of time.

What can threaten the employer and employee?

According to the law, the employer is obliged to conclude an agreement with the employee in three days from the moment a person is admitted to work. For violation of the Labor Code of the Russian Federation, a certain responsibility is provided:

• an administrative fine in the amount of 50 thousand rubles may be imposed on the enterprise;
• in some cases, activities may be suspended for a long period;
• tax authorities may be held liable in the form of a payment of 20% of total amount funds to be transferred to the budget;
• criminal punishment provides for a fine in the amount of 100 to 300 thousand rubles;
• in special cases, the leader may be imprisoned for up to two years.

An unofficial registration threatens an employee with a violation of his rights:

• there is a risk of not getting paid;
• possible lack of vacation;
• sick leave may not be paid;
• no social security.

A person independently chooses the most profitable employment option. But sometimes the risks associated with informal registration do not cover the benefits. Any disagreements between the parties can be resolved by finding a compromise, setting conditions that are suitable for both the employee and the employer.

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Ask a Question

What should I do if I worked unofficially and the employer did not pay my salary?

I worked for one private trader, for about 4 months, I received a salary for the first month, only half for the 2nd, and not for the remaining 2 months. But the fact is that I worked unofficially and there are no contracts, etc., there are only witnesses.

Lawyers Answers

Mikhailovsky Yuri Iosifovich(03/05/2014 at 14:14:34)

Good afternoon! You can apply with Applications to the State Labor Inspectorate of your region, the Prosecutor's Office and the Court (no state duty is charged), you can refer to witness testimony. Article 391 Russian Federation. Consideration of individual disputes in courts In courts, individual labor disputes are considered at the request of an employee, employer or trade union protecting the interests of an employee, when they do not agree with the decision of the commission on labor disputes or when an employee goes to court, bypassing the labor dispute commission, as well as at the request of the prosecutor, if the decision of the labor dispute commission does not comply with other acts containing norms. Directly in the courts, individual labor disputes are considered according to the statements of: an employee - about, regardless of the grounds for termination, about changing the date and wording of the reason for dismissal, about transferring to another job, about paying for time forced absenteeism or about the payment of the difference in the time of performing lower-paid work, about illegal actions (inaction) of the employer in the processing and protection of the employee's personal data; employer - on compensation by the employee for damage caused to the employer, unless otherwise provided. Individual labor disputes are also considered directly in the courts: about; persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and workers religious organizations; individuals who believe they have been discriminated against. Article 392 Labor Code Russian Federation. Terms for resolving an individual labor dispute An employee has the right to apply to the court for resolving an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and for disputes about dismissal - within one month from the date of delivery to him copies either from the date of issue. The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. When passing through good reasons terms established by the first and second parts of this article, they may be restored by the court. Article 393 of the Labor Code of the Russian Federation. Exemption of employees from When applying to the court with a claim on claims arising from, including non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court costs.

Vasilyeva Elena(03/05/2014 at 14:41:04)

Hello!

Contact the Labor Inspectorate with a complaint about the violation by the employer of labor legislation, indicate that the employment relationship is not properly formalized. You can also indicate about non-payment of salary. Give as many facts as possible confirming the labor activity (witnesses, etc.). If you go to court, you will have to establish the fact of labor relations, and then collect salary.

Starting with the Labor Inspectorate will be faster.

Looking for an answer? Ask a lawyer!

9735 Lawyers are waiting for you Fast response!

Ask a Question

Khromykh Larisa Georgievna(03/05/2014 at 15:06:12)

Hello!

Your employer may have big problems. First, you were required to conclude an employment contract.

“An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.(Article 67 of the Labor Code of the Russian Federation).

And secondly, both administrative and criminal liability has been established. In your case, already criminal:

Article 145.1. Non-payment of wages, pensions, scholarships, allowances and other payments

1. Partial non-payment of more than three months of wages, pensions, scholarships, allowances and other statutory payments made out of selfish or other personal interest by the head of the organization, the employer - individual, the head of a branch, representative office or other separate structural unit organizations -

shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or to hold certain positions or engage in certain activities for a term of up to one year, or by forced labor for a term of up to two years, or by deprivation of liberty for a term of up to one year.

2. Complete non-payment of more than two months of wages, pensions, scholarships, allowances and other payments established by law or payment of wages for more than two months in an amount below the minimum amount established by federal law, committed out of selfish or other personal interest by the head of the organization, by the employer - an individual , the head of a branch, representative office or other separate structural subdivision of an organization, -

shall be punishable by a fine in the amount of 100 thousand to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to three years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without it, or by deprivation of liberty for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

(in ed. federal law dated 07.12.2011 N 420-FZ)

3. The acts provided for by paragraphs 1 or 2 of this Article, if they caused grave consequences, -

shall be punishable by a fine in the amount of 200 thousand to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by deprivation of liberty for a term of two to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term. up to five years or less.

Despite the fact that the Labor Code of the Russian Federation does not contain the term "informal employment", in practice this is quite common. From the point of view of protecting the rights of an employee, such a phenomenon is unacceptable; however, the situation is very beneficial for the employer: you can not pay taxes, do not deduct contributions for the employee. In the article, we consider the consequences of such employment for both sides of labor relations.

Informal employment - what is it?

Labor Code of the Russian Federation in Art. 69 clarifies that the employer, when hiring, is obliged to conclude an employment contract with the employee. The document includes conditions on the place of work, schedule, salary, rest time, etc.

The legislator is even considering the option of signing labor agreement after the actual admission to work. In this case, the procedure for concluding a contract is the same, only the order of starting work and processing all necessary documents changes.

There is a third option - the conclusion of a civil law contract for the provision of services with a citizen.

But if an employee has started work, and they still do not sign any documents with him, then there is informal employment. In other words, the employee is not officially on the staff of the company. An order for employment is not drawn up for him, an entry about this is not made in the work book, and contributions to the funds are not deducted.

What are the consequences of working without an employment contract?

Informal employment has a number of negative aspects and advantages, which we will discuss below.

1. The employee does not receive sick leave payments, in case of maternity leave, etc. In the latter case, for example, he needs to contact the social security authorities to apply for benefits; however, they will be calculated according to the minimum wage.
2. The employer may well leave the employee without processing, overtime payments and other additional payments that are due to him by law.
3. Due to the fact that there are no deductions in Pension Fund, the employee's pension is not formed. In addition, the length of service in informal work will not be taken into account when calculating it.
4. If the injury was received at the workplace, then the employee may not receive any compensation.

The pros are as follows:

1. Savings on paying taxes, due to which wages increase.
2. Alimony cannot be collected from the employee, since he does not have an official place of work.
3. In fact, the employee does not bear any responsibility for their actions in the workplace. We are talking, for example, about liability.

For each employee and employer, there are pros and cons of formal employment. Therefore, before insisting on signing an employment agreement or refusing to do so, we recommend weighing the pros and cons.

An alternative to drawing up an employment agreement may be the conclusion of a civil law contract with the head of the organization. It is, as a rule, either a work contract or a contract for the provision of services. In this case, the employee is also not in an employment relationship with the employer and, accordingly, is not entitled to rely on the guarantees and compensations provided for by the Labor Code of the Russian Federation, however, he receives remuneration for his work and has the right to apply for protection of violated rights, having evidence of civil legal relations between him and the organization.

In some cases, the employer offers another employment option - a citizen is officially accepted into the staff of the enterprise, an employment contract is signed with him, but the text of the document indicates a different salary, less than what he receives in his hands. On the one hand, the advantage is that the salary is higher, since taxes are not charged on part of the earnings. On the other hand, the amount of maternity, sick leave payments, etc. will also be lower, since it is calculated, the outcomes of the official part of the income.

What is the punishment for an employer who has not concluded an employment contract with an employee?

Let's start with the fact that liability can only arise if the authorized bodies learn about the offense. In other words, if an employee complains, for example, to the prosecutor's office or labor inspection; The Federal Tax Service finds out that the costs of wages were hidden, from which no deductions were made to funds and to the budget, etc.

The second circumstance for the occurrence of liability is the presence of the fault of the employer. That is, it is he who should not conclude an employment contract. For some reason, the employee sometimes refuses to sign the document; in this case, the head of the organization will not be punished.

And the third point is the causal relationship between the actions of the employer and the consequences. In particular, we can talk about the fact that, as a result of informal employment, the employer does not make contributions to the relevant funds and the employee does not form a future pension.

Responsibility may be as follows:

1. Administrative - according to Art. 5.27 of the Code of Administrative Offenses. In this case, a fine is imposed on the employer, the amount of which depends on the organizational and legal form of the guilty person and the repetition of the violation. An alternative is to suspend activities for a period specified by law. As a rule, this type of punishment can be applied if it is a question of repeated violations or in relation to several citizens.
2. Civil law - in the event that the employee has filed an application with the court and asks to recover the amount of moral damage.
3. Criminal - if there is a fact of fraud when hiding from the state a large number"unformed" citizens. The second option is liability under Art. 199.1 of the Criminal Code of the Russian Federation - as a tax agent: imprisonment for up to 2 years or a large fine.

Are loans given to unofficially working citizens?

One of the conditions for obtaining a loan in many banks is the presence of work experience of 1 month or more. The larger the loan amount, the more work experience required. For banks, experience is a kind of safety cushion that a trustworthy employee who has been working in one place for a long time will have the opportunity to pay the debt.

However, some banks allow the possibility of obtaining a loan without confirmation of experience. As a rule, we are talking about small amounts. But in contrast to this, there must be proof of income. For example, if a citizen is not officially registered, then the employer has the right to draw up letter of guarantee that the applicant really works for him and indicate the period of work.

The second option for confirming income is accrual to a card that is issued to a citizen. The undoubted advantage in this case will be that it is issued by the bank in which the loan is requested.

But one must be prepared for the fact that citizens who do not have an official place of work may have an increased loan rate compared to those who are officially employed. In the difference between the rates, the bank lays down its costs in the event that the debtor cannot repay the loan.

However, you can agree with the bank to confirm the solvency of the presence of real estate, Vehicle etc. in other words, the bank will have something to recover losses from if payments on the loan are not made.

If you have not paid a salary to an unofficially working employee

In practice, there are situations when, for some reason, an employer does not pay a salary to an employee who is not officially employed. What to do in this case?

A citizen can protect his rights either by going to court, or to the prosecutor's office, or to the labor inspectorate.

However, it will be necessary to prove the fact that the actual employment relationship between the employer and the applicant took place.

Upon the fact of the appeal, the authorized bodies should conduct checks and find out all the circumstances of the case. If there are violations of the law, the employer will be held administratively liable.

Evidence of work in informal employment

As a rule, it is necessary to prove the fact that a citizen really worked at an enterprise, even if they did not conclude an employment contract with him or draw up other documents on admission, if it is a matter of applying to a court, labor inspectorate or prosecutor's office.

How can this fact be proven?

1. Witness's testimonies. You can involve other workers who can confirm that the citizen really worked at the enterprise.
2. Video recordings from surveillance cameras, if they are installed, for example, at the entrance, in the workshop where the applicant works, etc.
3. Documents on which there is a signature of a citizen. For example, invoices, acts, contracts, etc.
4. Transactions in the form of a salary to a citizen's card.

At the same time, the evidence base must clearly indicate that these documents link 2 facts: that they come from the name of a particular organization; the fact that a specific person worked in this organization.

The burden of proof in this case rests solely with the employee. The employer is not required to provide any evidence, even if he is the defendant in the case.

Thus, official employment is a requirement of the legislator. If the parties decide not to enter into an employment contract, they must be mindful of the consequences of such a decision.