Is a job application a necessary or useless document? Job application: why and how to write

Today I would like to tell you about such an interesting document as a job application. I think many people have come across this document and have written such a statement themselves. But not many were interested in the question: “Is such a document as a job application even necessary!?” Now let's look at this issue in more detail.

Echoes of the USSR

In the Labor Code of 1971 (early edition), an application for employment was the main document that confirmed the existence of an employment relationship, along with an order for employment. In the same Labor Code, labor relations were confirmed by employment contract. The employment contract could be concluded either in writing or in orally.

Most often, an employment contract was concluded orally. Therefore, for the employee, the guarantee of labor relations, in addition to the order to hire, was precisely the application for employment.

Analysis of the norms of current labor legislation

Chapter 1
Nowadays, a job application is at a minimum useless document, based on the analysis Art. 16 Labor Code of the Russian Federation and Art. 65 Labor Code of the Russian Federation.

IN Art. 16 The Labor Code of the Russian Federation specifies cases on the basis of which labor relations arise.

By general rule the basis for the emergence of labor relations is an employment contract ( Part 1 Art. 16 Labor Code of the Russian Federation).

As an exception, the basis for the emergence of an employment relationship may also be the actual admission of an employee to work with the knowledge or on behalf of the employer ( Part 3 Art. 16 Labor Code of the Russian Federation).

In accordance with the above, labor relations arise on the basis of an employment contract or the employee’s actual admission to work, and not on the basis of an application for employment!!!

Chapter 2
Now let's move on to the analysis Art. 65 The Labor Code of the Russian Federation, which lists the list of documents that an employee applying for work must present when concluding an employment contract.

Article 65 of the Labor Code of the Russian Federation provides for an almost closed list of documents that must be presented by an employee when concluding an employment contract.

When concluding an employment contractAn employee applying for work must present (Article 65 of the Labor Code of the Russian Federation):
- passport;
- document on education or document on availability special knowledge (when applying for a job that requires special knowledge (for example, pedagogical or medical));
- work book (except for cases when starting a job for the first time, when starting a part-time job, in case of loss or damage to the work book);
- SNILS(except for cases when applying for a job for the first time);
- military registration documents;
- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution, which is provided in strictly defined cases provided for by the Labor Code of the Russian Federation (for example. Art. 331 or 351. 1 Labor Code of the Russian Federation) or Federal laws (for example, Federal Law dated January 17, 1992 N 2202-1, Federal Law dated July 21, 1997 N 114-FZ).

As we see in the list of documents listed in Art. 65 Labor Code of the Russian Federation, no job application! Moreover, in the Labor Code of the Russian Federation and the latest edition of the Labor Code of 1971, an application for employment is never mentioned!

Note: In the list of documents listed in Art. 65 Labor Code of the Russian Federation, there is also no TIN, registration at the place of residence (stay).

Chapter 3
IN Part 2 Art. 65 The Labor Code of the Russian Federation states that, in some cases, taking into account the specifics of the work of the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

Let's turn to Art. 283 The Labor Code of the Russian Federation and such additional documents will be - a certificate about the nature and working conditions at the main place of work (when entering work with hazardous and (or) dangerous conditions labor).

If we turn to regulations, containing norms labor law, then we find out that additional documents presented when concluding an employment contract will be:
1) Questionnaire
2) Statement(Federal Law dated July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”, Federal Law dated March 2, 2007 N 25-FZ “On Municipal Service in the Russian Federation”, Decree of the President of the Russian Federation dated September 16, 1999 N 1237 “Regulations on the procedure passing military service", Order of the Ministry of Emergency Situations of the Russian Federation dated November 11, 2009 N 626 "On the procedure for selecting citizens for service (work) in the federal fire service of the State Fire Service").
3) Autobiography(Decree of the President of the Russian Federation dated September 16, 1999 N 1237 “Regulations on the procedure for military service”, Order of the Ministry of Emergency Situations of the Russian Federation dated November 11, 2009 N 626 “On the procedure for selecting citizens for service (work) in the federal fire service of the State Fire Service”).

From the regulations listed above, we can conclude that additional documents when concluding an employment contract must be presented: state and municipal employees, military personnel, firefighters.

By virtue of Art. eleven The Labor Code of the Russian Federation applies to state and municipal employees to the extent that it is not regulated by the Federal Law of July 27, 2004 N 79-FZ and the Federal Law of March 2, 2007 N 25-FZ. By virtue of Art. eleven The Labor Code of the Russian Federation does not apply labor legislation to military personnel.

Thus, firefighters are the only category of workers for whom the list of documents presented when concluding an employment contract has been expanded in accordance with Part 2 of Art. 65 of the Labor Code of the Russian Federation, and therefore only firefighters are required to submit an application for employment!!!

Negative situations for the employer

It would seem, what’s wrong with this - the employee wrote a job application or didn’t write it, and what next? Where is the violation of labor laws here?

For the employer, 2 negative situations can occur.

Situation No. 1
The employee refuses to write a job application. And then the employer says: “If you don’t want to write a job application, you don’t have to write it, but then you won’t work with us.”.

In turn, the employee is fine Art. 64 The Labor Code of the Russian Federation requires the employer to write the reason for refusing to conclude an employment contract in writing. In this case, the employer is obliged to provide the reason for the refusal in writing ( Part 5 Art. 64 Labor Code of the Russian Federation).

If the refusal to conclude an employment contract takes the form “Employment was denied due to the employee’s refusal to write a job application”(employee not future firefighter) - then the employee, on the basis of such a written refusal in accordance with Art. 237 of the Labor Code of the Russian Federation has the right to demand compensation for moral damage from the employer!!!

Since it is prohibited to refuse to conclude an employment contract for reasons unrelated to business qualities employee ( Part 2 Art. 64 Labor Code of the Russian Federation, clause 10 Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2). Moreover, the refusal should not have discriminatory characteristics (nationality, gender, age, etc.).

As indicated by the Plenum of the Armed Forces of the Russian Federation, refusal to conclude an employment contract may take the form “Refused employment due to insufficient education”(e.g. necessary higher education according to internal documents employer or by force of law) or “Refused employment due to insufficient experience in the profession or work in this industry”.

An employee may also be refused to enter into an employment contract due to failure to provide the mandatory documents required by Art. 65 Labor Code of the Russian Federation (for example, passports).

Article 64 of the Labor Code of the Russian Federation is declarative in nature and in practice the employer can simply refuse to communicate the reason for the refusal in writing and it will be very difficult to prove this in court! But if this is proven, then the employer will have to pay the employee compensation for moral damage.

In most cases, employers write the reason for the refusal in writing in job referrals from the employment service or from recruitment agencies. This is where you can catch unscrupulous employers!

Situation No. 2
The employee wrote a job application and found out that such practice is normal for the employer. After concluding an employment contract and after some time has passed, a conflict may arise between the employer and employee.

In the event of a conflict, the employee can complain against the employer by filing a claim in court or a complaint to the State Labor Inspectorate for violation of labor laws, since it is illegal to require an employee to apply for a job on the basis of Part 3 of Art. 65 Labor Code of the Russian Federation!!!

I remind you that Part 3 Art. 65 The Labor Code of the Russian Federation states: “It is prohibited to require from an employee applying for work documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.”

To ensure that the employer does not destroy this application in the event of a lawsuit or State Labor Inspectorate inspection, it is recommended that before filing a claim or complaint, have a copy or a certified copy of the employment application on hand.

P.S. Summing up, we can easily conclude that a job application is at a minimum a useless document, and at a maximum an additional weapon of revenge against an uneducated employer!!!

How to write a job application correctly, is it necessary to include the phrase “with a salary according to staffing table"? And are there written rules for writing somewhere, or is it written in any form? These questions often worry novice personnel officers. Let's try to figure it out.

There is no unified form as such. Here is a sample sample

To the director of LLC___

FULL NAME____________

Full name of the employee

Location______

telephone______________

STATEMENT

I ask you to hire me in the department ____________for the position___________, with a salary according to the staffing table

number signature

Why is an employee application for employment necessary?

We quote art. 65 of the Labor Code of the Russian Federation: Documents presented when concluding an employment contract:

1. passport or other identity document

2. work book

3. insurance certificate of state pension insurance

4. military registration documents - for those liable for military service and persons subject to conscription for military service

5. document on education, qualifications or special knowledge

All. This is sufficient, since labor relations arise on the basis of an employment contract (Article 16 of the Labor Code of the Russian Federation).

Thus, the application for admission has lost its obligation. It is mandatory to sign an employment contract, on the basis of which an order is then issued. It is in the TD that we stipulate the salary, the place of residence, and much more. But many people continue to apply for an appointment in the old fashioned way.

There is an opinion that if you write an application, it won’t be any worse, because this is an interim agreement about going to work, which is purely psychologically important for the candidate. Moreover, if our company is a person’s first place of work, then at the bottom of the application he writes, “I have not been given a work book before and is signed.” It's also not a big deal.

A job application is a relic of the past, a whim of the employer, or still a useful document for both parties. In this article we will answer these questions and tell you how to write it correctly.

Job application: to write or not to write

Probably 90% of employees - from the evening secretary to the financial director - wrote an application when applying for a job. And here’s an unexpected question: is it necessary to write it? And here lies a legal paradox: nowhere in the law does it say that when applying for a job, such an application must be written to employees of private companies. It is simply not on the list of required documents.

Let's open Article 65 of the Labor Code of the Russian Federation: it states that a person applying for a job is required to provide a passport, a work record book (if available, if not, the employer will issue one), a diploma or other document about the education received, as well as SNILS. Men of military age will also have to provide a military ID. In some cases, they may also request a certificate of no criminal record or a certificate stating that the new employee has not been prosecuted for illegal drug use (in both cases, such documents are required solely for certain types activities specified in the legislation). Any additional certificates or other papers can be requested, again, only in situations strictly defined by law. In other cases, it is simply prohibited to demand any documents beyond the list.

For whom is a job application mandatory?

However, there are people who will still have to write a job application. These are not employees of private companies, but of the public sector (Article 26 Federal Law“On the state civil service in Russian Federation"), as well as those who want to enter the municipal service (Article 16 of the Federal Law “On Municipal Service in the Russian Federation”). For them, such a document is mandatory.

Is it possible not to write

If the employer insists on writing a statement, then, in principle, the matter can be brought to court. For violation of labor legislation Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability - a warning or a fine:

• for officials and individual entrepreneurs from one thousand to five thousand rubles;
• For legal entities from thirty thousand to fifty thousand rubles.

True, it is extremely unlikely that the employer will be so stubborn in this situation, and it will be very difficult to prove this coercion.

When to write a job application

The law does not define the deadline for writing a job application: you can write it the day before going to work, or you can write it at least six months in advance. In the latter case, this document will become a kind of protocol of intent, psychologically binding the newcomer with an obligation to start working in this company and not “switch” to another company after six months.

Download useful documents:

Job application form

Sample application for employment 2017

Order on hiring an employee for the main job

Order on hiring an external part-time worker

Why do you need a job application?

According to experts, there is still some practical meaning for companies in having new employees write an application for employment.

Why does the employer need a statement?

Vladimir Danilevsky

IN commercial organizations a job application is, on the one hand, a relic of past experience; on the other hand, a fairly convenient launch mechanism and control of internal processes on registration of employment of a new employee, especially in a situation where the hiring of a new employee is previously accompanied by the approval of several persons. So, official marks are made on the application: consent is endorsed immediate superior a new employee with his candidacy, a final resolution is put by the head of the enterprise or an equivalent person, and a mark from the personnel service on execution. In addition, if an employee gets a job for the first time, then HR officers ask him to indicate this circumstance in such a statement, since in this case the enterprise is obliged to independently create a work book for the employee.

For an employer, an application for employment makes sense if a significant period of time is expected between the actual admission of the employee to work and the execution of the employment contract (see also, how to avoid recognizing a civil contract as an employment contract ). “Here it is important, before starting work and in order to avoid controversial situations, to record the employee’s will to work in a specific organization with a precise indication of the position, size wages, place of work, etc.

Why write a job application to an employee?

What about the employee? Is there any meaning for him in drawing up this document?

Olga Burgstaller, Director of the HR Department of CAF Group.

Writing a job application is rather a tradition that has no basis in legal basis. This is a psychological factor that is more significant for the future employee.”

However, in some cases, this tribute to tradition may still be beneficial to a new employee. For example, if he subsequently has to prove in court that he worked in this company. Of course, one application for admission will not be enough to sway the judge to your side.

Alexandra Surnina, lawyer at Selyutin and Partners

I will cite as an example the appeal rulings of the Yaroslavl Regional Court dated November 10, 2014 in case No. 33-6392, the Vladimir Regional Court dated February 17, 2015 in case No. 33-402/2015, the Moscow City Court dated January 16, 2015 in case No. 33-644, in which, due to the absence of an application for employment, the courts refused to satisfy the requirements to establish the fact of labor relations, the relations between the persons were recognized as civil law.

In the event of a dispute regarding recognition of an employment contract as concluded for an indefinite period, the court evaluates the information contained in the job application, namely, whether there was an indication of employment for a certain period. This is stated in the appeal ruling of the Moscow City Court dated March 24, 2014 in case No. 33-3701. In this case, there was no such indication in the job application; therefore, as well as taking into account the circumstances of the case and other evidence, the court recognized that the employment contract was concluded for an indefinite period.

Vladimir Danilevsky, senior lawyer of the civil department of the law firm "Cliff"

Absolutely special meaning they began to attach importance to a job application after a norm appeared in labor legislation obliging employers to provide candidates with written and motivated refusals from hiring if such a candidate asked for a reason for refusal (read also, how to pass an interview ). So, in Art. 64 Labor Code The Russian Federation states that the company is obliged to justify its negative decision within seven days from the date of presentation of the request. True, there is one difficulty: the application for admission is written in one copy, so it will not be easy for the applicant to prove that he wrote it at all.

What's inside a job application?

So, the employee agrees to write a statement. How is this done? Of course, there is not and cannot be any legally established form for private business. However, many companies develop their own job application forms for simplicity and convenience.

But in general, it doesn’t matter whether there is a form or not, employers generally ask for the following information:

1. Top right: name of the organization, full name of the person in whose name the job application is written (usually CEO, president or other leader top level), as well as the full name of the author of the application (in the genitive case).
2. The position for which you are asking to be accepted and from what date. Sometimes they are also asked to indicate the name of a department or department or other unit. If an agreement is concluded with the employee fixed-term contract, then they may be asked to indicate until what date the employee will work.
3. Date and signature of the person filling it out.

additional information

In addition to the above data, sometimes in the application you are asked to write the address and contact number new team member. This doesn’t make much sense, since this data can be indicated in the main document required when applying for a job - an employment agreement. Often employees are asked to fill out these two documents (application and employment contract) at the same time. If a new employee is hired as a transfer or on a part-time basis, then all this is usually also stated in the application.

Application for part-time employment

But what about those who want to combine two positions in different departments or even different companies? When applying for a part-time position (it does not matter whether we are talking about internal or external part-time work), this feature is also reported in the application. Something like this: “Please accept me for the position of part-time secretary of the department.”

In the same way, it is necessary to indicate the acceptance for part of the bet. Often, in an application for a part-time job, they formulate, for example, this way: “I ask you to accept me for the position of an accountant at 0.5 times the rate.”

Sample application for employment

General Director of LLC "New Firm"

Vasiliev V.V.

From Olga Viktorovna Dmitrieva

Statement

Please accept me as a special correspondent in the department international life from 04/14/2017.

04/01/2017 (date) Signature

So, as it turned out, if the employee is not a firefighter, policeman, teacher or municipal official, then the company has no right to force him to write an application for employment. However, a private company can offer (ask him) to write it. Of course, you can refuse, but is it worth spoiling your relationship with your future employer?

VIDEO: Correct registration of labor relations with an employee

To learn how to properly formalize your relationship with an employee, watch the video. Ivan Shklovets, deputy director, tells Federal service on labor and employment.