In this publication the order of conducting personnel office-work in a farm is stated. What documents should be made out at employment and dismissal of workers as it is correct to keep service records.
Farm (FH), as well as other subjects of the managing, having the right to accept for performance of work of hired workers. Personnel office-work in a farm, as a rule, should be conducted either to the chairman, or the accountant. What documents should be made out at employment and dismissal of workers? How it is correct to keep service records? What documents on personnel office-work should be in FH without fail? About it also we will talk in this consultation.
Features of labor relations in FH
The main feature of labor relations in a farm consists that in such economy two types of "employees" can work:
– hired workers with whom the contract (contract) consists truyodovy;
– members of a farm with whom truyodovy the contract doesn’t consist.
And pay attention: one person can’t be at the same time and the member, FH, and the hired worker in the same FH – or one, or another (Law No. 973 Art. 3). Registration of labor otnosheyoniya with hired workers and with members of FH neskolko differs. In what these distinctions, we rassmotyory below.
Organization of the personnel account
The farm, as well as any other subekty managing, is obliged to observe the labor law therefore a number of documents of kadroyovy office-work should be conducted in an obyazatelyyony order. Let’s consider main of them (see a tabyolitsa).
Registration of labor relations with hired workers
Employment
At employment the worker represents neobyokhodimy documents: the passport, the service record, the reference with identification number, and in otdelyyony cases, when necessary it agrees zakonodatelstvu / also the document on education, the mediyotsinsky reference and the military ID.
Further the order on employment, sostavlyaetsya the written employment contract and podpisyvaetsya is issued by the parties.
The employment contract should contain the following data (Law No. 973 Art. 27):
• contract term;
• conditions rest works (mode of the working day, days off, holiday, form and size of compensation, druyogy data).
For drawing up of the written employment contract it is possible to use a standard form kontrakta, approved by the Order No. 23.
On the accepted worker the service record should be properly issued.
Pay attention: records: in the service record concerning a profession (position) of the worker should correspond to the Qualifier of professions of a recreation center 003:2005.
Prior to the beginning of work new the worker follows oznakomit (Art. 29 the Labour Code):
• with ego.obyazannost (usually – acquaintance with duty regulations);
• rules of the internal labor schedule, the kolyolektivny contract (at its existence);
• safety rules, proizvodyostvenny sanitary, labor hygiene and protivopoyozharny protection.
Dismissals
All dismissals of workers can be divided into three groups conditionally:
• at the initiative of the worker;
• at the initiative of the owner of the enterprise (a predyosedatel of FH);
• in other cases, provided by the law.
The list of the bases on which can be rastorgnut the employment contract with the hired worker, priveden in Art. 36 – 40 the Labour Code.
In case of dismissal of the worker the order is made out. The formulation of the basis of dismissal, in the order dolzhna to correspond to the labor law and. to contain the reference to the corresponding point and article Labour Code. Let’s give an example the order.
Pay attention:
• at dismissal of the worker on own a zhelayoniya he is obliged to warn about the forthcoming dismissal in writing not less than for two nedeli (Art. 38 the Labour Code);
• at dismissal of the worker for violations of trudoyovy discipline, for example for a truancy (Art. 40 item 4 the Labour Code), it is necessary to receive at first from the violator a written explanation of causes of infringement discipliny. If he refuses to make it – to draw up about it the relevant statement;
• in some cases at dismissal of the worker of FH obyayozano to pay it the severance pay. The full list of these cases is provided in Art. 44 the Labour Code.
In day of dismissal the service record should be given out to the worker and complete calculation (Art. 47 the Labour Code) is made with it. The employment records about a uvolneyoniya are made by the chairman of FH. Besides, this record should be certified by the signature of the upolyonomochenny person of local body of the gosudarstvenyony executive authority (local gosudaryostvenny administration) and is certified by the press of this body (Instruction No. 58 item 4.1).
Registration of labor relations with members of FH
It is known that FH can be created by one or several citizens of Ukraine being relatives or members of one family. Therefore members of the family and relatives (Law No. 973 Art. 3) can be members of a farm.
Pay attention: children can become members of FH from 14-year age.
The list of members of a farm should be fixed in FH Charter. If, for example, FH was created by one person, and after some his relatives decided to become members of FH, it is necessary vnesti changes in the Charter – to add with its list of the persons being members of FH.
In general for members of FH Having been tired – it is the main dokuyoment regulating questions of their labor relations (h. 2 Art. 27 of the Law No. 973). The Charter opredelyaetsya an introduction order in members of FH and an exit from it (h. 4 Art. 1 of the Law No. 973). Legislatively reception procedure in FH and an exit from it of a ne-reglamentirovana therefore founders of FH define it samoyostoyatelno – at discretion.
Usually in practice reception and an exit are carried out on the basis of the corresponding statement and a question resheyoniya at meeting of members of FH.
The procedure for payment of work, providing holidays and other questions of labor relations of members of FH also should be regulated by the Charter. Usually for this purpose in the Charter include appropriate section Labor relations of members of FH Or in the Charter specify that labor relations of members of FH are regulated by the relevant provisions approved, for example, at meeting of members of FH.
On all members of FH service records (Instruction No. 58 item 1.1) are kept. And record about a prekrashcheyoniya of membership in FH as well as in case of dismissal of hired workers, it should be confirmed with the signature of the head, the deputy, other upolnomoyochenny person of local body of the state ispolyonitelny power and is certified by the press of this body (p … 4.1 Instructions No. 58).
List of documents
1. The Labour Code – the Labor code of Ukraine from 10.12.71.
2. HK – the Economic code of Ukraine from 16.01.03 of No. 436-IV.
3. The law N2 973 – the Law of Ukraine from 19.06.03 of No. 973-IV About a farm.
4. The law No. 3356 – the Law of Ukraine from 01.07.93 of No. 3356-HI About collective agreements and agreements.
5. The order No. 23 – the order of the Ministry of Labour of Ukraine from 15.04.94 of No. 23 About the statement of a standard form of the contract with the worker.
6. The order No. 253 – the order of the Ministry of statistics of Ukraine from 09.10.95 of No. 253 About the statement of standard forms of the pervichyony account.
7. The order No. 277 – the order of the Ministry of statistics of Ukraine from 27.10:95 g of No. 277 About the statement of standard forms of the primary accounting of staff.
8. The instruction No. 58 – the Instruction about an order of maintaining service records at the enterprises, in establishments, the organizations, approved by the order of Ministry of Labor, Ministry of Justice and the Ministry of Social Security from 29.07.93 of No. 58.
9. The directory of qualifying characteristics of professions of workers – the Directory qualifying xarakteristik professions of workers. Release 2. Agricultural industry and the related services, Ministeryostva confirmed by the order of an agrarian policy of Ukraine from 07.11.03.
10. The qualifier of professions of a recreation center 003:2005 – the Qualifier of professions a recreation center 003:2005 approved by the order of Gospotrebstandart Ukrainy from 26.12.05 of No. 375.
11. The letter No. 09-487 – the letter of the Ministry of Labour and social policy of Ukraine from 19.10.05 of No. 09-487 About a registrayotsiya of orders concerning staff.