Work under the contract without a work book: the pros and cons

Employment is an important process. It allows you to get work experience for calculating pensions in the future. But in Russia there is often work on a contract without a work record. What are the pros and cons of such a job? Should I agree to it? To what extent is such an act legal? All the features of this type of work organization will be described later.

Registration for work

Labor relations in the Russian Federation are regulated and regulated by the Labor Code of the Russian Federation. It prescribes all the features and nuances of the relationship between the boss and his subordinates.

A citizen must have a work book. It includes data on official employment and dismissals. The document is extremely important when assigning a pension.

But more and more often in practice there is work on the contract without a work record. What are the advantages and disadvantages of this scenario?

Legitimacy

The first thing that should be paid attention is the legality of this work. Can I work without a work record, and even officially?

According to the established legislation, it is impossible to work with the contract without labor. The corresponding entries must be included in the worker's document.

The arrangement may be oral, but similar experiments are not welcome. After all, in this case, employment will be considered unofficial. And this, in turn, is illegal. Registration for work under an employment contract takes place in Russia. But without recording a record in the work book, work is considered risky.

Exceptions to the rules

Nevertheless, there are some exceptions. Work under a contract without a work record is possible under certain circumstances. And, as practice shows, absolutely legal.

Among the main opportunities that allow the population to work without labor, there are:

• Primary employment of a citizen;
• Work part-time ;
• Labor under a civil law contract;
• Work with a lost or damaged work record (for the time of restoration of the document).

In all these cases, the agreement between the parties is signed without labor. Such work has its advantages and disadvantages. Which ones specifically? What should every citizen consider?

Civil contract

The contract of a civil law character in practice occurs more and more often. For a pension, such a relationship between an employer and a subordinate is no different from working with a work book. After all, the head will still have to make contributions to the Pension Fund of Russia. But with respect to labor guarantees have their own characteristics.

Work on the contract for the provision of services, as well as other agreements of a legal nature, does not give any significant labor guarantees. For example, you can forget about paid sick leave, vacation and bonuses. This fact is attributed to shortcomings.

At the same time, the employer:

• Prepares the SZILS if necessary;
• Carries out contributions to the FIU and FFOMS;
• Offers the citizen insurance against accidents at work.

Such advantages are given to a contract of a civil-law type. Under certain circumstances, such an agreement may be recognized as labor.

Provision of services

Increasingly, there is work under a contract or service contract . Usually such an agreement indicates that someone is providing a service, and someone is paying for it.

As a rule, the employer will be the customer. The text of the document prescribes all conditions for the provision of services, as well as the consequences that will occur if the agreement is violated.

The main advantage is high profit. Among the shortcomings highlight the difficulty of legalization of funds received and the need for self-payment of taxes.

Proof of work

Work under a contract without a work record book has one significant drawback - it is the need to prove the conduct of labor activity at one time or another in the FIU. Otherwise, work without work will not be counted in the service record for calculating a pension.

As practice shows, it is the work book that is the main indicator in assessing the duration of a citizen's work for life. But if necessary, you can additionally submit other papers.

Which ones? They include:

• Contracts (including civil law);
• Act of work performed under the contract (a very common case);
• Settlement books and receipts;
• Testimonies (at least 2 people);
• Trade-union tickets.

All listed papers will help prove the work activity, but only if the employer or the subordinate himself makes the corresponding deductions to the Pension Fund.

pros

What are the advantages of contract work? Terms of performance of those or other tasks, the provision of services or labor are prescribed in the agreement. A citizen will know exactly how much and exactly how he will have to perform certain tasks.

Further, as the main plus, it is customary to allocate high pay. It is this point often becomes the main motive for working without a work book. Employees want to receive decent pay, albeit without taking into account length of service.

On this you can finish the description of the positive aspects of work without labor. The advantages of such work are called questionable.

disadvantages

But the drawbacks in the studied labor relations are much greater. Work on a contract of employment without a work record implies, as you might guess, a good salary. At the same time, it will be necessary to take into account that no social and labor guarantees will be provided to the employee. As was said, count on sick leave, leave and, as a rule, there is no premium.

The next drawback is the employer's dishonesty. Good and honest bosses (customers) are very few. If a citizen does not work on a work record card, he is vulnerable. Prove the existence of an agreement is not easy. And the dishonest boss can simply deceive the employee.

Very common cases where people simply do not pay a salary. The work is done, but the chief does not issue the funds. We have to go to court and prove the fact of employment. Or to accept that work under a contract of employment or any other agreement will not be paid.

Another drawback is the lack of work experience. As already stressed, the FIU will have to prove the conduct of a particular work activity without a work record. This process is a lot of trouble.

Also, when working under an employment contract, the agreement is signed for a specific period. After his offense, a person may be left without work - they will either have to renew the contract or seek a new employer.

In fact, the citizen does not receive any guarantees. But they are partly compensated by high wages. Therefore, some agree to work without a work record. Similar practice appears in Russia more and more often.

There is a contract - there is no labor

Working as a driver under a contract without a work record is a risky business, just like most other cases. In Russia, punishments are provided for employers who do not issue a work record or do not make appropriate employment records in a document of a subordinate. Therefore, we can say that such a situation is a matter of jurisdiction.

If, after employment, a citizen is not issued a work record or does not accept it for entry of records on the conduct of work, you can safely complain to the labor inspectorate.

And what if the person chose to work part-time? How to work part-time? By law, you can do without additional paperwork and registration of work record. But in practice, usually subordinates are asked to enter data on work in the document. After all, this is a guarantee of a high pension.

Results and conclusions

What conclusions can be drawn from all of the above? Working under a contract without a work record is a profitable business, but risky. It does not give any real guarantees to employees. Women do not have the right to leave for a decree with such labor. It is proved in practice that work on a contract in one case or another with special difficulties.

Nevertheless, those who manage to find a stable and reliable employer, often work for him without registration. This is not entirely legal, but this practice takes place in Russia. The main thing for them is that it will turn out well to earn.

A number of cases under the law provide for employment without a work book, and without any labor. Therefore, it can not be said with certainty that 100% of people employed under a contract without labor are illegally working people.

It is recommended to avoid such work. In fact, many employers deceive their subordinates in every way, if they do not have records of employment in the work book. Therefore, it is better to avoid such superiors.

In any case, the absence of a record in the workplace is always a minus rather than a plus. It is better to give preference only to official employment with social and labor guarantees. Otherwise, you can stay not only without a salary, but also without the things that are officially working for people.

Work under a contract of employment without a work record is far from always justified. You can trust the boss, but the subordinate will act only at your own peril and risk.