What do you need to know about the personnel documentation of an individual entrepreneur? Accountant recommendations.
We have already repeatedly investigated various issues of the implementation of economic activities by individual entrepreneurs. PEs, like societies, can have employees in their structure. So: “What kind of personnel documentation does the sole proprietor with hired workers keep?”
☰ Staffing table
According to the letter of the Ministry of Finance of Ukraine, this is a document not obligatory for an individual entrepreneur. 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 staffing table than an employment contract (the salary of an employee in any case needs to be predicted somewhere). In addition, the Ministry of Social Policy of Ukraine, in a letter dated May 21, 2019, No. 34/0 / 23-19 / 133, clarified that the staffing table should include everyone who uses hired labor.
The staffing table is a document that contains a list of positions, their number and salaries for each position separately. The staffing table is approved in this case by the sole proprietor.
☰ Internal labor regulations
This is a local normative act governing the organization of work in an entrepreneur. Their presence is mandatory for all employers without exception, as required by the Labor Code. The lack of rules is qualified as a violation of labor legislation, for which the employer is financially responsible – a fine in the amount of one minimum wage, that is, now it is 5,000 hryvnia.
Personal cards of individual entrepreneurs are obliged to keep in accordance with the form № P-2. This form contains information about education (including professional), qualifications, place of work, family composition, passport data, information on military registration, information on appointment and transfer, leave.
The employment contract for the sole proprietor of the employer is mandatory. An employee may be admitted to work only after an employment contract has been concluded with him, drawn up by an order or order for employment. An entrepreneur enters into an employment contract with an employee only in writing in two copies; one is kept by the employer, the other by the employee.
☰ Orders and statements
It is believed that an entrepreneur cannot order himself, because individual entrepreneurs usually use an order, not an order. But you can use the form of the order, the freedom of choice is yours. The order must be issued when hiring, dismissing, transferring an employee, on vacation, when approving the staffing table and assigning bonuses or financial assistance, or when deciding another organizational issue. Employees write applications in any form.
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