PERSONNEL DOCUMENTATION OF THE ENTREPRENEUR

 We have repeatedly investigated various issues of economic activity by natural persons-entrepreneurs. Private individuals, like companies, may have employees in their own structure. So: "What personnel documentation is kept by sole proprietors with employees?"

 ☰ Staff schedule

 According to the letter of the Ministry of Finance of Ukraine, this is an optional document for a private individual. But, firstly, the employees of the State Labor Service and the State Tax Service do not agree with this, and secondly, it is much easier to change the staff list than the employment contract (the employee's salary must be provided somewhere in any case). In addition, the Ministry of Social Policy of Ukraine in a letter dated 21.05.2019 № 34/0/23-19/133 clarified that the staff list should be made by all who use hired labor.

 The staffing schedule is a document that lists the positions, their number and salaries for each position separately. The staff list is approved in this case by entrepreneur.

 ☰ Rules of internal labor regulations

 This is a local regulation governing the organization of labor in the entrepreneur. Their availability is mandatory for all employers without exception, as required by the Labor Code. The absence of rules qualifies as a violation of labor legislation, for which the employer is financially responsible - a fine of one minimum wage, ie now it is 5,000 UAH.

 Personal cards of sole proprietors are required to be kept in the form № P-2. This form contains information on education (including vocational), qualifications, last place of work, family composition, passport data, information on military registration, information on appointments and transfers, vacations.

 An employment contract is mandatory for the employer's sole proprietorship. An employee may be admitted to work only after an employment contract has been concluded with him, executed by an order or instruction on employment. The entrepreneur enters into an employment contract with the employee only in writing in two copies; one is kept by the entrepreneur, the other by the employee.

☰ Orders and statements

 It is believed that an entrepreneur cannot order himself, so sole proprietors usually use orders rather than orders. But you can use the form of an order, the freedom of choice is yours. Orders must be issued when hiring, firing, transferring an employee, on leave, when approving the staffing schedule and awarding a bonus or financial assistance, or when resolving another organizational issue. Statements are written by employees in any form.

You also need to fill in and save:

• Timesheet;
• Vacation schedule;
• Job descriptions.

 If you have any questions, please contact us, we will be happy to help you and answer. In addition, Prikhodko & Partners Law Firm provides business legal support and accounting outsourcing, so we can become a reliable partner for your business!