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

For many people, working without registration is not only normal, but also more preferable than concluding a contract with an employer.

What does it mean?

Informal employment is a type of relationship between an employee and an employer, which represents work activity without a formal contract. There is no such concept in the Labor Code of the Russian Federation. According to the law, during hiring, the employer is required to draw up a document describing all the conditions for future activities.

During unofficial reception, the worker does not sign any documents, is not included in the payroll of the enterprise, and no entry is made in the work book. That is, the period of such work is not counted towards 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's why they are so popular.

Pros for the employer:

• You won't have to pay. The obligation to transfer insurance amounts to extra-budgetary funds is assigned to employers. Therefore, the main reason why enterprises prefer not to formalize a relationship with an applicant is the opportunity to save money.
• The hiring and dismissal of personnel is not accompanied by lengthy procedures established by law. If an organization decides that it no longer needs the services of a person, then the parties can terminate the employment relationship at any time. In this case, you will not have to wait for a set deadline, send notices of layoffs, pay certain compensation, etc.
• An employer can find a person for urgent work. For example, in the event of illness of a main employee, the employer finds an employee to temporarily perform certain duties.
• You won'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, due to equipment breakdown, the enterprise is obliged to pay for this time. If an agreement has not been concluded with him, these amounts do not need to be transferred.
• There is no need to maintain personnel document flow. The lack of official registration allows the company not to burden itself with drawing up certain reports, filling out work books, personal files and other things.
• You can not pay wages, vacation pay, or violate the law. Sometimes unscrupulous employers specifically look for workers who agree to such conditions in order to obtain the necessary services from them without paying the agreed amount. Some practice a ban on providing employees with paid non-working time, most often this happens with educational leave and sick leave. Since a person does not formally have any rights, he cannot complain to government authorities.

There are also some benefits for the employee:

• Higher wages. In this case, the employer does not charge personal income tax or 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 officially registered, he does not bear any responsibility for material damage. This fact is the biggest advantage in this type of work.
• Possibility to avoid payments under writs of execution. Officially, a person is unemployed, so he may not pay alimony and some other amounts, for example, loan deductions.
• Opportunity to work if you cannot get an official job. Sometimes a person wants to find a source of additional income, a part-time job for a short time. Formalization 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, and women on maternity leave.

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

Employment options

Employment in practice is of two types:

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

  An employment contract is concluded with all employees hired for permanent activities. It comes in two types:

  • , that is, work is expected for a certain period of time;
  • unlimited

  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 agreement is concluded when an employee must perform certain work or services. In fact it represents . In such a relationship, the employer does not have to pay pension contributions, provide certain working conditions, pay for vacation, etc. Some unscrupulous employers deliberately use such an agreement instead of an employment agreement. In this case, the employee has the right to go to court to force the execution of correct documents and payment of compensation.
  Sometimes employers offer limited conditions as part of formal employment. For example:

  • the employee is registered for a reduced day, although in fact he works full time;
  • he is officially paid the minimum wage, and the balance is paid in cash.
• Unofficial. In this case, 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 employment relationships 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 has been agreed upon 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 legal norms, 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, or a signature under local regulations, they must be presented to the court. This possibility exists if the registration was not completed in full, for example, a contract was signed, but there is no entry in the labor record.
• Documents confirming the completion of work. These include:
  • various orders;
  • powers of attorney;
  • executive documents and any others that contain the employee’s signature.
• Documents evidencing the existence of an employment relationship. These include, for example:
  • compensation for the use of personal transport;
  • referral to courses;
  • tuition fees and so on.

  It is advisable to provide original documents, but even copies of them can help in resolving the case.

• Witnesses. These are persons officially employed by the enterprise, as well as business partners and clients. They must inform the court that they saw the employee performing a job function, more than once over a long period of time.

What may threaten the employer and employee?

According to the law, the employer is obliged to enter into 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, certain liability 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 payment of 20% of the total amount of 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.

Unofficial registration threatens the employee with a violation of his rights:

• there is a risk of not receiving wages;
• possible absence of vacation;
• sick leave may not be paid;
• there are no social guarantees.

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

About a month ago, deputies of the Legislative Assembly of St. Petersburg spoke seriously about punishing the unemployed; just recently, Rostrud came up with a similar, but still ideologically different initiative. We categorically disagree with such measures, so we decided to find several guys who refuse to work in the classical sense, and asked them about all the most important things.

Pavel Ilyin

I am 27 years old. I haven't worked almost all my life. I had two outbreaks when I suddenly got a permanent job. This was in 2006, when I had just arrived in Moscow and I still had no understanding of what activities I wanted to do. And another one in 2013.

I think this conviction has always been with me and over the years it only grew and became established in my consciousness. Work makes you a philosophical zombie! You are exchanging the most valuable thing you have for a very small amount of money. But at the same time you have no life. All that remains is neuroses, psychoses and a couple of weekends on which you just want to sleep or immerse yourself in some great story - read light books, watch simple films and play games at a low difficulty level. Even if you earn a lot of money and have a high position, you have even less life - the more they share with you, the more they hang on you.

It is also very important that when you work, there is no time and cognitive resources to search for yourself, and this is the hardest work (yes, let's distinguish between the terms “work” and “labor” in our discourse). Of course, there is a possibility that the labor market may coincide with your hobbies and passions, but the likelihood of such a scenario happening is so small that it is better to go straight for the hardcore!

You need to do something meaningfully, not work. Of course, any intelligent creature, in my system of values, at least, has a natural right to freedom from work, because the modern system of distribution of goods in society (in any society, somewhere there are simply more distortions, somewhere less) is no different from slave system, only now we are in economic slavery, and the degree of this slavery directly correlates with the balance of your bank account. Was it in vain that we sacrificed so many people to abolish the institution of slavery?

The state must, indeed MUST (since it is for the people, and not vice versa) provide what is called in the developed world basic income, which would cover at least minimal needs. In many countries this has already been implemented in fact, although it is still bashfully called unemployment benefits.

If everyone follows my example, it will be great, people will be happy, the culture will be much more diversified, we will see a lot of different cool projects in completely unexpected places. Of course, this will create an acute shortage of personnel in traditional economic sectors, which is good from all sides. On the one hand, if we really need these industries, then they can be easily automated, and if this is just an imitation of activity, then to hell with these dummies.

The state should provide what is called in the developed world basic income, which would cover
minimum needs.

Of course, I don't like constant resource constraints. You constantly need to think about which store has what is cheaper, and everything from dumplings to drumsticks. There is also difficulty with motivation; you need to be able to motivate yourself to take action, but if you have found a cause for which you are ready to kill, then there is no such problem. But the advantages are obvious: you are free and independent. You are in charge, this feeling cannot be exchanged for any money or status.

Money comes from one-time orders, from scholarships, sometimes dad sends something. The housing issue was resolved three years in advance within the framework of my main field of activity. If you look at the last month, my main expenses are food, rehearsal space rental and travel. Of course, I take on paid work, but it must either be in the sphere of my interests and areas of development, or be ideologically correct, or be radically stupid. But only a threat to my life or someone close to me can force me to go to the office.

Not working is not the same as sitting at home on the couch and consuming media culture without filters. For me personally, not working means doing various things that make me sick. I have three functional areas of activity. This is music, namely playing the drums and writing poetry in English, which is what I do in the NaPast group. These are various Internet projects, website development and administration. And this is graduate school, in which I am engaged in theoretical cultural studies and trying to find a way out of postmodernity.

My usual day starts at five or six in the morning, I spend the first couple of hours preparing my body for battle: shower, breakfast, news, correspondence. From about 11:00 to 14:00 - 15:00 it’s time to solve cognitively complex problems, usually writing parts for a dissertation or doing something complex on my websites. Between 15:00 and 18:00, mandatory practice on the drums (more precisely, on the nearest chairs and armchairs). Then there are some social things like a rehearsal or meeting with friends. But this is a perfect day, and not everyone has it that way.

I have different phases of effective functional activity in which I do what I can now do meaningfully and productively. Instead of a vacation, I rather arrange for myself just a change of environment while maintaining activity, but, of course, with its modification and adaptation to new conditions.

Traveling is my passion; I try to go somewhere every six months. For example, I celebrated the New Year in Germany and the Netherlands, and just this morning I returned from Belarus. Basically, my loved ones have a positive attitude towards my lifestyle, but precisely because I do not actively work. If I was just sitting on the couch, staring at the TV, I think the attitude would be very negative. For as long as I can remember, I haven’t felt the desire to work in the classical sense, but I can’t remember any role models. I am sure that both culture and life provided me with similar examples, but they rather strengthened my conviction than somehow turned my picture of the world upside down.

Lyuba Makarevskaya

I have not worked or been registered anywhere for almost 15 years. I am 29 years old. I think that if some people follow my example, society will only become healthier and more productive. Everyone will still be unable to stop working.

My day is structured like this: I wake up at three, walk with my dog, then watch TV, walk or read depending on my mood. The peak of my activity occurs around 12 at night and lasts until five or six in the morning. At this time I usually write. I chose this lifestyle because until I was seven, I had a very happy childhood, something straight out of Nabokov. I have always had a very strong emotional connection with my parents, who, consciously or not, did a lot for my intellectual development, despite the fact that I was never forced into anything, but this wonderful time was cut short by going to first grade.

The unbearable boredom and sheer stupidity of our school is beyond words. Of course, I felt a very strong gap with my peers intellectually, and in general being at school terribly traumatized me. At the age of 11, I realized that in my views I was an anarchist and when I managed to escape from the yoke of school, I would never be registered anywhere again. I remember that I even swore to myself about this.

When I was 14, I read Walt Whitman. He influenced me a lot. Whitman, as you know, did not work and was a wanderer. He became my ideal for many years. In the ninth grade, I was kicked out of school, and since then I have never really been enrolled anywhere, as I swore to myself at the age of 11. Now I’m 29, and there has never been a period in my life when I worked somewhere officially.

I still live on the money my mother gives me. My expenses are the most ordinary: food, cosmetics and clothes, nothing interesting. I don't really like parties because I'm an introvert. My favorite pastimes are bookstores, McDonald's, and walking my dog.

I am afraid of society - I think it seeks to take me away from me and bring any personality to a certain denominator.

I constantly feel the need for a vacation, because even without working you can get tired of life in the city. I've been abroad, but I don't really like traveling, I'm afraid to fly. I think the best journeys happen within ourselves. Sleep is also a journey. Hunger or emergency circumstances could force me to work, I would go to work as a courier, most likely, I could also earn extra money by walking dogs. I, as Michel said, love animals very much.

I would rather choose suicide than the office. Death extended over time or instantaneous - there is not much difference. I think death extended over time is just like working in an office. I will not hide the fact that I am a walking phobia, and my main phobia is our society. I think the ideal ratio of unemployed and employed is 50 to 50. It seems to me that some can simply do regular, fairly monotonous work, while others cannot, and the word “dependency” is not quite the right definition.

Friends and relatives treat me with understanding, which periodically alternates with the irritation to which I am accustomed. In principle, I’m used to everything and have a philosophical attitude towards everything. I think about self-realization and that’s why I write poetry and other texts. I feel fulfilled and happy when I write, it just doesn't bring me money, but I've learned not to be upset about it. When I don't write, that's rest. True, I feel sad at this time. My ideals among the unemployed are Walt Whitman and the main character of the movie "The Big Lebowski."

I am afraid of society - I think it seeks to take me away from me and bring any personality to a certain denominator. I am against this and I think that work is partly a tool in this matter. It seems to me that being listed somewhere means making a compromise. In general, from time to time I want to burn my passport, but without it you can’t buy alcohol these days, so now it has become a necessary thing. I don’t feel unemployed; after all, being alive is also work, sometimes extremely tiring.

Mark Lukyanov

I am 24 years old. I can't say that I'm not working. I work a lot. They just don’t write about it in my work book. Well, one day I didn’t even finish my shift at one bakery - I realized that I was wasting too much time. I ate a few cakes in the warehouse and left to make music. Forever.

Why am I not working? You can ask approximately the same question in relation to everyone else. Of course, we need to work in a broad sense - this is not even discussed. But one could argue about what to spend time on - all people are different. And yes, we should more often have the right to such a choice, whether to have a job in the classical sense or not. I am sure that this should be done differently in each country. That being said, I find it strange that some states have unemployment benefits, but I like it.

If everyone follows the example of the unemployed, it will be something like what always happens when too many people want the same thing. I think some people just shouldn't get into that kind of field.

Sponsors pay for my housing. My friend is a model. I recently returned from Paris Fashion Week and brought back a lot of money. For the last two months we have been spending this money: jelly, beads, movies, women's leather coffin shoes and a nose ring.

I would love to volunteer to pick Sicilian oranges. For two months, tan. This is all I think about now. That's all I do. I don’t think I have the same kind of vacation as those working in official positions. I don’t feel the need for this and, unfortunately, I don’t travel much. But it won't last long. My close friends don't work either. I had real examples of people working in official jobs that inspired me to give up this idea.

Alisa Tayozhnaya

I am 28 years old, and I have the fortunate opportunity to do only what I love. My parents are working class heroes and real self-made heroes, workaholics of the simplest origin, who devoted their entire youth to surviving and gaining a foothold in Moscow. I am grateful to them for their strength and resilience, for their stubbornness in teaching me to read at three years old and giving me the best education. I recently talked to them about my journey: it’s hard for them to imagine that I live without a work book, but with some part of my being I’m sure: they understand that work in Russia is a fiction that can end at any time through no fault of yours. moment. “You’re lucky to be doing what you love—we didn’t have that luxury,” they told me the last time we met. The moral support of my parents and the fact that I always have a corner to return to if I stumble, protects me from the unnecessary and often empty work that many of my friends not from Moscow have to do in order to stay here. Plus, I can always count on my husband, who does what he loves and, as a technical specialist with a unique profile, receives a salary many times more than I, a humanist. But he can always count on me. That is, if something happens to my loved ones and I need money, I will immediately go to work and be motivated to have a stable plan.

I had two favorite permanent jobs in my life, but in both of them I burned out: I couldn’t find a balance between work and free time and had the wrong attitude towards responsibility and responsibilities. Now I wouldn’t make such a mistake, but for my part I can say that people blossom from freedom. All colleagues who are given air are ready to do much more than is required with enthusiasm. Unfortunately, many progressive and, even more so, backward Russian systems have never even heard of how to motivate employees and operate on fear. I have heard many stories from the creators of trainings that there is nothing easier than putting pressure on a sales girl who shares an apartment with her friend and came from Siberia to conquer Moscow. They are so scared and want change that they are ready to eat tons of shit. I categorically do not accept the training of people, the extraction of obedient herds from them, the superiority that I often encounter among bosses in relation to their subordinates. Projects born out of love and with loved ones live longer and smell better.

In fact, I work all the time, but my work is terrible (the editor automatically corrected it to excellent) - that is, it seems to be related to the intellectual sphere, but is paid no more per month than the work of a trolleybus driver. I know museum workers who earn less than cashiers, not to mention programmers, realtors and sales people, whose work does not even require special education or a scientific degree, but rather a wide range of soft skills. A lot has been said about precarious labor in art and culture, and this is, in fact, real exploitation: money in cash, work for friendship, fees that are six months late, endless contributions to projects that may not be approved, constant revision of conditions. I have no insurance and will not receive child benefits. In a good way, I work at a juice extractor in a city where billions are allocated for the reconstruction of theaters and museums. All people around art and cinema, if they are not involved in *********, live according to normcore all their lives and plan a vacation in St. Petersburg.

I respect this choice, there is a lot of courage in it, but this system is essentially a plantation of our days, only on the territory of intellectual labor. I hate the phrase “we are looking for a young man with sparkling eyes,” because it is clear that such young people are usually screwed. On the other hand, those young people with whom I worked really want, overcome and learn, despite the snobbery of older colleagues and routine work. You have to go through this too. The reward is doing things you believe in. If you spend a week among those who don’t give a damn and who only care about getting their salary on the card on time, you immediately understand the price of life without skepticism and this rotten pragmatism. Most philosophers considered creative work to be the pinnacle of human development; most people do not take a single step towards expressing themselves through work. This is why there are so many “projects” for the sake of projects, so that things that three caring people can do are often done by ten uninterested people. But this is not only a Russian problem, this is how people in general work.

You can’t overwork, you can’t work on weekends, you have to find time
to the spontaneous and beautiful.

It seems to me that the only justifiable way to make a living is an honest business of your own. And I am sure that I will come to this. I really like the ability to program a schedule and plan a strategy. Now my main expenses are travel and entertainment: cinema, museums, concerts. I don’t need to deny myself anything, but with clothes, food and cosmetics, I long ago figured out the list of expenses and learned to live within my means. I have the superpower of finding something cheap that recently cost four times as much. The most precious thing I have is family and friends, it cannot be bought. In the winter I was sad about the exchange rate, but now I understand that I can travel around Russian cities that I have never been to. And you can save up for two vacations a year, if you’re not an idiot. Plus I despise credit cards and never buy anything I can't afford. I don’t have jewelry, no valuables except a computer, I don’t give a damn about technical innovations and I sold all the extra stuff I had. There was a lot of extra stuff.

But I don’t have children yet, so such changes happen quite quickly. I started separating work and rest quite recently, and this is my best idea. You can’t overwork, you can’t work on weekends, you have to find time for the spontaneous and beautiful. I never work while traveling, but I take a lot of notes there and generally spend my time actively. I've never had a vacation on the beach. I am convinced that the most important things happen not at the desk.

Will I return to the office? With joy, if there is something to fight for. Now I have nothing to fight for in the office - I get all my drive from texts, books, movies, lectures, concerts, singing and language lessons. I have nothing to offer the office yet. I work with the dream team in a mode that suits me and I don’t work with assholes at all, I don’t meet them, and they don’t meet me. Regarding the state, I am not inclined to abdicate responsibility for my own choices, and from the experience of living in other countries, I can say that many things in Russia are better than in many countries in the world. In general, 98% of countries live differently from North America and Western Europe, and we must be grateful to the conditions that exist now - the freest and fairest in human history. However, this is a completely far from ideal situation. Incorrect career guidance, inability to work in a team, lack of logical thinking, and a tendency to conflict - these are the basic problems of Russian people in the professional sphere. They are decided in a group, but without a portrait of Lenin above their heads. You just need to respect the other person as you respect yourself and look for multiple solutions to one problem.

For this reason, progress in Russia and social life in general are slowing down. In addition, the life of people like me is not regulated in any way by law. Who am I? Unemployed? Civilian? Contract employee? How can someone like me live if they want a big family? How to survive if you are not from Moscow? With skyrocketing prices for housing and food, Moscow, for all its charm, is becoming unbearable for creative life in general. But I doubt that the state is interested in doing this.

Let’s say right away that there is no such thing as 100% “idle” work. You still need to do something: follow, observe, shift, notice, respond, educate, or perform some other action. But these responsibilities are so small or simple that there is a feeling of inactivity.

The rating of “unemployed” work is headed by grandmothers, peacefully dozing on chairs between the halls of museums. Their responsibilities include “supervising the museum exhibition and the process of excursion services for the population,” that is, they need to ensure that rare visitors do not touch equally rare exhibits. Sometimes grandmothers look up from knitting or books, remember their duties and begin to supervise: follow on the heels of those interested, breathe down their necks, arrogantly scold them for ignorance of history and scold them for... something.

2. Elevator

The savior of all those stuck must be on alert - you never know who will manage to hang between the floors. But elevators are getting better and better, and they get stuck less and less often. But the profession remained.

3. Concierge

Another “accessible” profession. Particular luck if you settle in a house with an intercom or videophone. All that remains is to occasionally be distracted from personal affairs in order to say hello to the residents, to note for yourself who left and returned at what time. The position is ideal for those who like to keep abreast of everything. Not only is it your responsibility to monitor the situation at the entrance, but you can also get paid for it.

4. Evening nanny

Parents need to go somewhere, but grandparents are far away. Who should I leave the child with? An evening nanny usually needs to feed the children, bathe them, read and play before bed, and put them to bed. All this usually takes 1-2 hours. And if parents come late at night, the nanny will have time to do a bunch of personal things, and she will be paid for this time.

5. in a small store or “island”

In large stores, someone always wants to try on clothes, products are taken from the shelves and have to be returned, cosmetics need to be selected, and spare parts need to be carried from the warehouse. A small store is another matter. People don’t come here often, and those who dare to be distracted from an interesting activity can be scared away with a look or a menacing question, “What do you need?” And that’s it - the potential buyer is removed from the store for a long time and you can again plunge into sweet idleness.

In the “islands” it is also convenient to hide in a book or phone and not notice passers-by looking at shop windows. The question may not be heard, and the “left for 5 minutes” sign, displayed periodically, guarantees 2-3 free hours a day. Even if earnings depend on a percentage of sales, most often you still receive some kind of minimum salary, which is enough for a snack and a loan for a cheap e-reader.

6. Security guard at the entrance

A stream of people flows through the fence, independently recording their appearance. All that remains is to occasionally check whether the device beeps and whether the metal turnstile is bent.

A friend from the bank told me that the smartest person on their team was a security guard who had worked at this place all his life. “He read so many books! - she shared. - You can discuss any topic with him. He knows the answer to any question." Of course, in 20-30 years of work you can read thousands of books. If there is nothing else to do.

7. Private security company employee

Security services that install call buttons in offices and stores usually station a rapid response team in each area so that they can reach the call within minutes. Emergency situations in which you need to press this button occur infrequently. Therefore, employees have to spend their days on standby.

A similar brigade is located not far from my house. Every time I pass by, I see pumped-up guys in uniforms playing on their phones, watching movies on tablets, or just sleeping. One time, apparently, I caught a holiday. Right in the parking lot next to the alley, they installed a portable stove and fried something tasty in a mini cauldron. I hope that they did not have to be distracted by a call that evening and that they had time to taste their street food.

8. Watchman

Some organizations prefer not to install an alarm in a store or office, trusting living people. A guard is usually locked from the inside and guards the premises. If a thief appears, it is recommended to discard personal affairs or urgently wake up, call the police and hide your location until they arrive. Especially if weapons are not provided for this position.

Watchmen are also invited to guard dachas, cottages, country palaces or villages.

9. Trainer at a sports club

There is individual training, when you need to work one on one with a client, and there is duty in the gym, when you just need to make sure that the bicycle does not run over the treadmill, and that 0.5 kg dumbbells are not put in the place of three-kilogram dumbbells. The main influx of people wanting to exercise usually occurs in the evening hours. And the rest of the time you just have to be on duty, that is, sit on the exercise machine, leaf through visitor magazines, or sneak a nap in the back room on the mats.

10. Hostess

Smile and wave. Or we don’t wave, but just smile. meets visitors to a restaurant or hotel and escorts them to a table or explains where to find the reception desk (if suddenly someone doesn’t see it from the entrance). Helps visitors find their way at conferences and exhibitions. Her task (and more often than not girls are hired as hostesses) is to be friendly and attractive. Well, sometimes say something.

Either I'm working or I'm not...

In some professions, employment depends on various factors.

In large companies with a small accounting department, everyone is buried in paperwork. In a small office, where there are 1-2 payments a day and the main list of tasks is to check receipts to the account, an employee can pretend to be busy or “go to the bank” for half a day.

• Administrator of a beauty salon or fitness center

In popular, well-promoted places, the flow of customers will be inexhaustible. Where they don’t advertise, give crooked haircuts, or simply don’t want to work, there will be plenty of time for idleness.

• Wardrobekeeper

At the beginning of autumn, when people still do not want to warm themselves, and in late spring, when shorts with tights and shirts without jackets are preferable, in the wardrobe you can only find crazy mothers who think that their children are always cold. Wardrobe attendants are counting the days until their vacation.

• Laboratory assistant

Depends on the direction of the laboratory. One friend from the forensics department is often delayed because, unfortunately, there is a lot of work. Another laboratory assistant I know from the institute can easily sort out a “spider” of four colors and beat off pigs with big-headed birds.

• , designer, , copywriter, content manager, SEO specialist, etc.

Any representative of a profession that is incomprehensible to others can be included in this block, especially if he is the only one in the team. How long does it take to set up a network? How long does it take to come up with a slogan? How many photos can you process in Photoshop in an hour? If a person is not tied to any volumes and determines the required amount of time himself, he risks turning into a lazy person. Since no one controls it or understands how to check it (he sits at the computer, looks at something, and okay), there is no need to try.

Once, on a Moscow train, I became an involuntary witness to boasting: a guy of about 25 proudly told me that he was going to the capital to work, and that he had such a place that everyone would be jealous. A few minutes later, the neighbors found out that he got a job as a video observer in some hypermarket, came for 15 days, slept in the “office” there, and earned 15 thousand. Rubles. Per month. And he is very proud of his work, or rather, of how well he has outwitted his employers: he is paid for doing nothing. Indeed, a worthy cause for pride.

A lazy, inactive would-be worker will find a place everywhere where he can read, dream, play and discuss instead of working.

Who's to blame when there's nothing to do

But sometimes in a situation of unemployment of a worker, not only the employee himself, but also his manager may be to blame, who:

did not set the tasks correctly,

he does nothing himself, because his boss, in turn, did not define his tasks,

does not know how to distribute responsibilities between subordinates (some more, some nothing) and control the work process (ask in a timely manner what has been done and how much more time will be needed);

too harmful and his subordinates sabotage the work.

For several months I worked in a team where we had no business at all. A large well-known company with a staff of almost 20 people, it seemed that the city could be turned upside down with such forces, but... The architect studied photos of beauties, the creative - Spanish, the designer typed up hack work, the journalist replenished the collection of music, pumping out everything he could find, the advertising department read, played and organized pranks. No, we were not lazy and could mobilize if necessary. This need simply never arose. We were not given any tasks, but our salaries were paid regularly.

Doing nothing and still getting money is a tempting prospect. But you need to understand that payment for such work is most often appropriate. Anyone can “do nothing,” so they won’t pay much for it. In addition, such an approach to work excludes career growth. What is more important to you – development, success, promotion or extra hours of laziness?

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All organizations and individual entrepreneurs must follow the laws. They establish 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 an employer hires employees unofficially, then administrative or criminal liability is provided. It all depends on the damage caused to the state. Unofficial registration is punished for 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’s length of service is not counted, and the employer does not transfer money to the Pension Fund. As a result, the state does not receive funds to support pensioners, and the employee loses his pension in the future.
3. There will be no contributions to the insurance fund, which allows you to use free medical care.
4. An employee without registration does not have rights to many things. It will be difficult for him to receive settlement payments, salary, and vacation compensation.
5. If disputes arise in court, you will not be able to prove your case.

Thus, informal employment harms the state and the employee himself. The task of regulatory institutions is to identify violations and respect the rights of employees. What fines employers are required to pay for an unregistered employee 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 period of time, then it is necessary to conclude an agreement.

Responsibility of the individual entrepreneur

Administrative liability is provided for entrepreneurs. 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 entrepreneur’s work may be suspended for 90 days, which leads to losses and 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 taxes were not paid during this period, then a possible criminal case may be opened for In case of major damage, the fine for an individual entrepreneur for an unregistered employee will be up to 300 thousand rubles or imprisonment for 2 years.

In case of criminal liability, deprivation of activity for a long period is possible. Usually, when unofficial employment is discovered, government agencies do not close the organization, but seek payment of taxes and compensation. The entrepreneur may suffer serious damage, so you should not take risks. It is best to fill out the necessary documentation immediately.

LLC liability

The LLC also pays the 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 manager or responsible person who is involved in the personnel area. In case of repeated violations that caused great damage to the state, large fines are called. Sometimes provision is made for the release of responsible persons from work.

There is a possibility of criminal liability. Then the punishment will be correctional labor or imprisonment for 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 incorrect execution of contracts and 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 must be attentive to the employment of foreign citizens. Then it will be controlled by government agencies.

Popular violations include:

1. The employee works illegally, that is, he does not have a patent or other permits. Then he will be deported from the country, and the employer must pay a large fine.
2. The employer did not notify the migration service about the employment of a foreigner or did so, but not in a timely manner. Information must also be sent to the FMS after termination of the contract with a foreign employee.
3. The foreigner was accepted for a specialty other than that indicated on his patent. Then he is fired, and the employer must pay a fine.
4. The organization employs foreigners without obtaining permission.

What fines are provided 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 strict government control, many organizations refuse to hire foreigners.

Frequent violations

There is also a penalty for inappropriate registration. Violations may concern infringement of rights and compliance with norms. The manager must ensure labor protection:

1. Provide personal protective equipment, which is recorded in a special log.
2. PPE is issued based on certification results. If the procedure is not completed within the required time frame, the company will be required to pay large sums.
3. Before being allowed to work, employees are familiarized with safety and 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 standards for maintaining documents and hiring people. Then there will be no extra costs.

How are “illegal” employees identified?

Monitoring organizations work to establish violations. There are many of them, most often inspections are carried out by tax and labor inspectorates. In this case, Federal Law No. 294 is taken into account, and the tax office carries out work under Chapter. 14 of the Tax Code of the Russian Federation.

Violations are determined by a desk or field inspection. Tax officers have the right to familiarize themselves with documentation for the current year and the previous 3. It is allowed to interview witnesses, inspect premises, and confiscate documents. Tax officials must have permission to check. Based on the results of the event, a certificate is created, on the basis of which a report is drawn up with violations and recommendations for their elimination, for which 2 weeks are allocated.

Occupational Safety and Health

The labor inspectorate can arrive at 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. Rules for elimination.

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

What do you need to get a job?

The full list of documents required is indicated in the employer. The employer should not require anything additional. Documents required for work:

1. Passport.
2. Employment history. According to Article 66 of the Labor Code of the Russian Federation, every employee working for more than 5 days must have this document. With the first receipt it is issued 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 registration document. It is required for 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 fields of trade, education, medicine, and catering.
7. Certificate of no criminal record from the Ministry of Internal Affairs.

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

Official registration allows you to get a legal job, for which you will not have to pay a fine to the employer. After all, inspections are carried out by regulatory authorities regularly. It’s better to register everything right away so that any checks go without problems.