What is the penalty for an unformed employee? Legal practice

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

The reasons for the fine

If the employer hires employees informally, then administrative or criminal liability is provided. Everything depends on the damage done to the state. Informal registration is punished for several reasons:

1. The absence of an employment contract does not oblige to pay personal income tax - 13%. Deductions are carried out only with official employment. It is produced by the employer.
2. The employee does not count his seniority, 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 is deprived of a 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 payment in the calculation, salary, compensation for leave.
5. When 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 agencies is to identify violations and respect for the rights of employees. What penalties for an unformed employee are supposed to be paid to employers, will be considered further.

When it is possible not to make out an employee?

There is only one case when it is possible to do without official registration. This refers 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 make out 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 a contract.

PI Responsibility

For entrepreneurs, there is administrative responsibility. How much is the fine for the unformed worker? If the violation is detected, the amount will be 1-5 thousand rubles. At the same time the work of an entrepreneur can be suspended for 90 days, which leads to losses and closure of the organization.

Costs for registration will be less than fines. But if the employee continues to work so for more than 1 year, and during this period taxes were not paid, then a possible opening of a criminal case under Article 199-1 of the Criminal Code. In case of a large loss, the fine for the IP for the unformed employee will be up to 300 thousand rubles or imprisonment for 2 years.

In the case of criminal liability, it is possible to deprive the occupation of activity for a long period. Usually, when unofficial employment is found, state bodies do not close the organization, but seek to pay taxes and compensations. The entrepreneur can suffer serious damage, so do not take risks. It is best to fill out the necessary documentation at once.

Liability Ltd.

Penalty for an unformed employee pays and LLC. According to Art. 5.27 The Administrative Offense Code of the Russian Federation is assigned a large sum. She is discharged to the head or responsible person, who deals with the personnel sphere. With repeated violations, which caused great damage to the state, large fines are called. Sometimes the release of responsible persons from work is provided.

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

The work is suspended for 90 days. The head must also pay a fine for an unformed employee. In 2017, its size is 5 thousand rubles. Responsibility is also provided for the improper execution of contracts, labor books. Documentation should be made according to standards, and any shortcomings lead to problems for both the employer and the employee.

Employment of migrants

Penalty for an unformed employee is also provided for in the case of illegal registration of refugees. Heads of the institution should be attentive to the employment of foreign citizens. Then it will be controlled by government agencies.

Popular violations include:

1. The employee is working illegally, that is, he has no 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 the foreigner or did it, but not in time. Send information to the FMS is also necessary after the termination of the contract with a foreign employee.
3. The foreigner was mistaken for 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 permission.

What penalties for an unformed employee in 2017 are provided for? 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. Because of strict state control, many organizations refuse to hire foreigners.

Frequent violations

Inadequate registration is also punishable. Infringements can concern infringement of the rights and observance of norms. The leader needs to ensure the protection of labor:

1. Provide personal protective equipment, which is fixed in a special magazine.
2. The issuance of PPE is based on the results of attestation. If the procedure was not completed within the required timeframe, the company will be obliged to pay large sums.
3. Before admission to work, employees are introduced to security, sign for acquaintance with the information.

This is only part of the violations for which there is responsibility. That there were no penal sanctions, it is necessary to carry out all norms on conducting documents and reception of people for work. Then there will be no extra costs.

How do they identify "illegal" employees?

Controlling organizations work to establish violations. There are many of them, most often the tax and labor inspectorates are satisfied with the inspection. At the same time, Federal Law No. 294 is taken into account, and the tax department carries out work on Ch. 14 of the Tax Code of the Russian Federation.

Violations are determined by a desk or on-site inspection. Tax authorities have the right to get acquainted with the documentation for the current year and 3 previous ones. Witness interviews, examination of premises, seizure of documents are allowed. The tax authorities must have a permit for inspection. As a result of the event, a certificate is created, on the basis of which an act with violations and recommendations on their elimination is drawn up, for which 2 weeks are allocated.

Occupational Safety and Health

The labor inspectorate can come to any institution for verification. An unscheduled activity comes because of complaints of offended employees or competitors. Sometimes a raid is carried out with other controlling bodies.

A protocol is drawn up which contains the following information:

1. FI O. checking.
2. Violations.
3. Rules of elimination.

The protocol is considered the basis for imposing a fine or applying to a court for bringing to criminal responsibility. The supervisory agencies have many methods to compel to comply with the norms of the law.

What do you need for employment?

The full list of documents necessary for drafting the contract is specified in Article 65 of the LC RF. Nothing additional requires the employer. From documents for work it is required:

1. Passport.
2. Employment history. Under Article 66 of the Labor Code of the Russian Federation, each worker, working for more than 5 days, must have this document. With the first receipt it is made out by the employer.
3. TIN, pension certificate. A person who does not belong to a PI may not have an INN. But you can get it in the tax inspection.
4. The document of military registration. It is necessary to have it for men of 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 sphere of trade, education, medicine, public catering.
7. Information from the Ministry of Internal Affairs about the criminal record.

Under Article 64 of the LC RF, the employer should not unreasonably refuse to employ a citizen, even if he does not have a local registration. But in practice, organizations rarely take employees without a local residence permit. In case of any violation of rights, employees have the right to defend 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 bodies regularly. It is better to register everything at once, so that any checks pass without problems.