How to register an employee for work, mandatory and recommended documents

How to register an employee? It seems like a simple question, but there are still many nuances. Let's figure it out.

First, according to Art. 21 of the Labor Code of Ukraine, the labor contract is the main means of regulating the labor relations of employees and employers. Further , Art. 24 of the Labor Code of Ukraine notes that when concluding an employment contract, a citizen must provide a passport or other identity document, an employment book (if available) or information on work activities from the register of insured persons of the State Register of Mandatory State Social Insurance, and in the cases stipulated by the legislation , - also a document on education (specialty, qualification), on the state of health, the corresponding military registration document and other documents.

The term of the employment contract:

• open-ended, concluded for an indefinite period;
• for a specified period, established by agreement of the parties;
• during the performance of certain work.

Is written form mandatory? In most cases, yes, because Art. 24 of the Labor Code of Ukraine notes that the written form is mandatory in the following cases:

• with an organized recruitment of employees;
• when concluding an employment contract for work in areas with special natural geographical and geological conditions and conditions of increased health risk;
• when concluding a contract;
• in cases where the employee insists on concluding an employment contract in writing;
• when concluding an employment contract with a minor (Article 187 of this Code);
• when concluding an employment contract with an individual;
• when concluding an employment contract on remote work or home work;
• when concluding an employment contract with non-fixed working hours;
• in other cases provided for by the legislation of Ukraine.

The hiring procedure is the same for legal entities, sole traders and individuals.

Now let's return to the employee's documents:

1) As for the passport, it should be remembered that in the "book" version, photos at the age of 25 and 45 must be pasted. The ID card has a limited period of validity, which is also worth paying attention to. It is forbidden to request the employee's information about the registration of the address of residence ( Article 25 of the Labor Code of Ukraine ). The lack of registration of the address of residence or registration in another settlement is not a reason for refusal of employment, therefore, if an employee has an ID card, he does not have to have an extract about the place of residence.

2) In addition to the passport, he must provide an identification number , in Art. 24 of the Labor Code of Ukraine does not mention this, but it is discussed in Article 70.12.1. 70 of the Tax Code of Ukraine : "Individuals are obliged to submit information about the registration number of the accounting card to legal entities and individuals that pay them income." Thus, the employee can show the identification number at the time of employment: in a paper certificate; Diya mobile application; ID passports .

3) The application for employment does not have a standard form or other legal requirements for this document, but it is the practice of office management customs, according to which the application states :

• the name of the employer and the position of the representative (name of the Director),
• information about the applicant (name, passport data, contact information),
• terms of the contract: open-ended or fixed-term,
• main place of work or part-time, etc.;
• job title and date of employment;
• mode of working hours (how many hours per week).

4) Employment book . Since June 10, 2021, the record of the labor activity of individuals is kept in electronic format , so it is not necessary to attach a work book to the application . The only thing is, if the employee still asks to make an entry in the work book, or to open it, the employer is obliged to do so.

5) Document about education . In Art. 24 of the Labor Code of Ukraine states that a document on education (specialty, qualification) is submitted in cases provided for by law, if the job the employee is applying for requires special knowledge. This can include, for example, doctors, because it is forbidden to work in this field without a medical education . As for other areas where the law does not provide for a document on education, the employer can himself set a requirement regarding the existing education of his employees, there are rare cases when the employer can ask to submit an appendix to the diploma (report card with grades). There is also the opposite, when they do not look at education, for example, in the IT field, employers are more interested in the experience and ready-made "case studies" of a potential employee, rather than his diploma. But if you plan to work for a foreign company, the employer will first of all require a document on special education.

6) Military registration document . As in the case of educational documents, military registration documents are submitted in cases provided for by law. Before the introduction of martial law in Ukraine, this applied to those who were employed in the Ministry of Internal Affairs, Ministry of Emergency Situations, Security Service of Ukraine, Armed Forces of Ukraine and others. However, the Resolution of the CMU No. 1487 dated 30.12.2022 approved the new Procedure for organizing and maintaining military records of conscripts, conscripts and reservists, obliging employers of all forms of ownership to employ conscripts only on condition that they have a registration record , for conscripts it is a certificate of registration at the conscription station, for conscripts it is a military card or a temporary certificate of a conscript, for reservists it is a military card. This is also noted by the State Labor Service of Ukraine on its website . At the same time, employers (managers or authorized persons) must notify the territorial recruitment and social support centers within seven days of hiring or dismissing a conscript. Administrative liability of both employees and responsible persons of the employer is provided for failure to comply with the above-mentioned norms. If the employee did not provide military registration documents immediately, he must sign the Notice on the need to provide military registration documents , thus the employer transfers responsibility to the employee.

7) Medical certificate . A medical examination is a mandatory condition for the work of drivers, catering workers, teachers, etc., which is confirmed by a medical certificate (form 086/U).

In addition, please note that it is enough for the employee to show the originals once to transfer information, he is not obliged to make additional copies, and the employer is not obliged to keep copies and originals of such documents.

As you can see, when hiring, you need to pay attention to many factors, and if any questions arise, immediately contact a lawyer or accountant for advice.

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