Is a job application necessary or useless? Who should sign the job application

After considering the issue, we came to the following conclusion:

Labor legislation does not provide for the need to write job applications (as well as the form of such applications). An application for granting or postponing a vacation (in cases established by law), as well as an application for dismissal, is drawn up in an arbitrary written form, which makes it possible to establish the appropriate expression of the will of the employee. The provision by an employee of such statements on a prepared form does not contradict the current legislation.

Rationale for the conclusion:

Recall that previously an application for employment was necessary, since labor legislation allowed the possibility of concluding an employment contract orally. But from the moment the Russian Federation of September 25, 1992 N 3543-I "On Amendments and Additions to the Code of Labor Laws of the RSFSR" (clause 15, article 1) established the requirement that a written form of an employment contract be mandatory, the need to write a statement about hiring disappeared.

At the same time, if, taking into account the document flow adopted in the organization, hiring is formalized, including on the basis of an employee’s application, then we believe that an employee can write such an application both in his own hand and on a prepared form.

2. The procedure for granting annual paid leave established by the Labor Code of the Russian Federation assumes that the basis for granting an employee annual paid leave is not the employee's application, but the approved vacation schedule. Additionally, the employee is not required to send an application for leave to the employer. In certain cases (see, for example, part two of article 124, part three of article 122, part two of the Labor Code of the Russian Federation), leave is granted or transferred on the basis of a written application from the employee. In this case, the application will be considered written not only when it is written by hand, but also in cases where it is printed using a computer or mechanical printing devices.

3. According to the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance.

This implies two requirements for the relevant statement of the employee:

1) it must be in writing;

2) the application must contain a request to dismiss the employee of his own free will.

In other words, a letter of resignation is drawn up in an arbitrary written form, which makes it possible to establish the appropriate expression of the will of the employee.

The legislation does not contain any additional requirements for the form of a letter of resignation.

The Constitutional Court of the Russian Federation, in its ruling of March 22, 2011 N 394-О-О, explained that the Labor Code of the Russian Federation enshrines the right of the employee to terminate the employment contract with the employer at any time, warning him of this in advance in writing, without establishing the obligation to use that or another form of application - stencil forms or a handwritten version.

A similar opinion is shared by the courts of general jurisdiction. So, for example, on August 15, 2011 in case N 2-1840 / 2011, the Leninsky District Court of Tomsk noted that "The norms of labor legislation do not establish as a mandatory requirement for the application to be written by the employee himself. The mandatory details of the application, which must be handwritten by the worker, is his signature.

Prepared answer:

Legal Consulting Service Expert GARANT

Panova Natalya

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Voronova Elena

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

After the job has been successfully found and the person goes to apply for his new position, he will have to deal with many papers. First of all, it is necessary to draw up an application for employment, and in this case, a lot of questions arise. Basically, most are interested in why this document is needed and who signs the job application.

Why you need a job application

An application for employment is not a mandatory document, but its preparation does not contradict the legislation of the Russian Federation. This paper protects the applicant from an unreasonable refusal to accept a position. The director makes a special note. This visa on the job application is the basis for the preparation of the order. In the presence of a visa, personnel department employees do not have the right to find any reason and not hire a person.

If, for some reason, it is not possible to meet with the director, then you need to call him and inform about your visit. The applicant will be assigned a time to visit the management or will be notified of his employment by the responsible for employment. Such actions will insure the applicant and deprive the authorities of the organization of unnecessary problems.

Job application and internet

Since the director has a lot of things to do, it is not always possible to meet personally with the applicant and sign his application for employment. In connection with the development modern technologies Now you can sign any documents directly via the Internet. This also applies to employment applications.

Many people still do not trust emails and often ask lawyers if a boss can sign a job application through email and whether such a document has legal force. Experts give the following answer to this question: in order for the document (application for employment) to be signed remotely and have legal force, the director must personally sign it and send the applicant an electronic copy of this paper.

Basically, this procedure can be done in three ways.

1. The director signs a regular document, scans it and sends it to the applicant as a file attached to an email.
2. The director types the application in Word and attaches the image of the scanned signature to the document. The Word file is then sent by email.
3. The last option would be to use the OpenOffice.org program. In this case, the director, who has a personal digital certificate, prepares an application for employment in the OpenOffice.org program and signs it with his personal digital certificate (signature). Next is a file that contains all necessary information(including the director's visa on the application for employment) with a signature is sent to the applicant.

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

Echoes of the USSR

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

Analysis of the norms of the current labor legislation

In accordance with the above, labor relations arise on the basis of an employment contract or the actual admission of an employee 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 entering a job is required to 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 entering a job is required to present (Article 65 of the Labor Code of the Russian Federation):
- passport;
- a document on education or a document on the availability of special knowledge(when applying for a job requiring special knowledge (eg pedagogical or medical));
- work book (with the exception of cases when applying for a job for the first time, when applying for a part-time job, in case of loss or damage to the work book);
- SNILS(with the exception of 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 (eg. Art. 331 or 351. 1 Labor Code of the Russian Federation) or Federal laws (for example, Federal Law of 01/17/1992 N 2202-1, Federal Law of 07/21/1997 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, the 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 individual 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 resolutions of the Government of the Russian Federation, it may be necessary 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 of the nature and working conditions at the main place of work (when applying for a job with harmful and (or) dangerous working conditions).

If we turn to regulations, containing the norms of labor law, then we find out that additional documents presented at the conclusion of an employment contract will be:
1) Questionnaire
2) Statement(Federal Law of 27.07.2004 N 79-FZ "On the State Civil Service of the Russian Federation", Federal Law of 02.03.2007 N 25-FZ "On Municipal Service in the Russian Federation", Decree of the President of the Russian Federation of 16.09.1999 N 1237 "Regulations on the procedure passing military service”, Order of the Ministry of Emergency Situations of the Russian Federation of 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 of September 16, 1999 N 1237 "Regulations on the procedure for military service", Order of the Ministry of Emergency Situations of the Russian Federation of 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 normative acts 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, labor legislation applies to state and municipal employees to the extent that it is not regulated by Federal Law No. 79-FZ of July 27, 2004 and Federal Law No. 25-FZ of March 2, 2007. By virtue of Art. eleven The Labor Code of the Russian Federation does not apply to military personnel.

Thus, firefighters are the only category of workers for whom the list of documents presented at the conclusion of 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

For the employer, 2 negative situations can occur.

Situation #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, but then you won’t work for us”.

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

If the refusal to conclude an employment contract will have the form “Employment was denied due to the employee’s refusal to write a job application”(employee not future fireman) - then the employee on the basis of such a written refusal by virtue of Art. 237 of the Labor Code of the Russian Federation has the right to demand compensation for non-pecuniary damage from the employer !!!

Since it is forbidden to refuse to conclude an employment contract for reasons not related to the business qualities of the employee ( Part 2 Art. 64 TC RF, item 10 Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2). Moreover, the refusal should not have discriminatory characteristics (nationality, gender, age, etc.).

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

An employee may also be refused to conclude an employment contract due to failure to provide the mandatory documents provided for Art. 65 Labor Code of the Russian Federation (eg passports).

Article 64 of the Labor Code of the Russian Federation is declarative in nature and in practice the employer may simply refuse to state 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 compensation to the employee for non-pecuniary 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 #2
The employee wrote an application for employment and found out that such a practice with the employer is in the order of things. After the conclusion of an employment contract and after some time has passed, a conflict may arise between the employer and the employee.

In the event of a conflict, the employee can complain about the employer by filing a lawsuit in court or a complaint to the GIT regarding a 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 of the Labor Code of the Russian Federation!!!

I remind you that Part 3 Art. 65 The Labor Code of the Russian Federation states: “It is forbidden to demand from an employee entering 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, in the event judicial trial or verification by the GIT will not destroy this application, it is recommended that you have a copy or a certified copy of the application for employment on hand before filing a claim or complaint.

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

A job application is a relic of the past, a whim of the employer or still a useful document for both parties. In the 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 is an unexpected question: is it necessary to write it? And here lies a legal paradox: nowhere in the legislation does it say that when applying for a job, you need to write such a statement to employees of private companies. It is simply not on the list of required documents.

We open article 65 of the Labor Code of the Russian Federation: it states that the applicant for work is obliged to provide a passport, a work book (if available, if not, the employer will issue), a diploma or other document confirming the education received, as well as SNILS. Men of military age will still have to provide a military ID. In some cases, they may also request a certificate of no criminal record or a certificate stating that new employee has not been convicted of 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 forbidden to require any documents beyond the list.

For whom a job application is required

However, there are people who 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 case can be brought to court. For violation of labor law Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for administrative responsibility - 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 apply for a job

The law does not define the deadline for writing a job application: you can write it a 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 helpful documents:

Job application form

sample job application 2017

Order on hiring an employee for the main job

Order on the reception of an external part-time worker

Why you need a job application

According to experts, there is still some practical sense for companies that new employees write an application for admission.

Why apply to an employer

Vladimir Danilevsky

IN commercial organizations job application - on the one hand, a relic of past experience; on the other hand, a fairly convenient mechanism for launching 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: the consent of the immediate supervisor of the new employee with his candidacy is endorsed, the final resolution of the head of the enterprise or an equivalent person is put, the mark of the personnel service on execution. In addition, if an employee generally gets a job for the first time, then personnel 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 the employer, a job application makes sense if there is a significant period of time between the actual admission of the employee to work and the execution of the employment contract (see also how to avoid recognition of a civil law contract as an employment contract ). “It is important here before the start of work and in order to avoid disputes, to record the will of the employee about working in a particular organization with an exact indication of the position, size wages, place of work, etc.

Why write a job application for an employee

What about an employee? Does it make any sense to him in compiling this document?

Olga Burgstaller, director of HR-department of CAF Group.

Writing a job application is more of a tradition that has no basis 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 in the hands of a novice employee. For example, if he subsequently has to prove in court that he worked in this company. Of course, a mere application for admission will not be enough to sway the judge to your side.

Alexandra Surnina, lawyer at Selyutin & Partners

I will give 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, among other things, applications for employment, the courts refused to satisfy the requirements for establishing the fact of labor relations, the relations between the persons were recognized as civil law.

In the event of a dispute regarding the 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 fixed period. This is stated in the appeal ruling of the Moscow City Court dated March 24, 2014 in case N 33-3701. In this case, there was no such indication in the job application, in view of this, and also 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 law department of the law firm "Cliff"

A very special importance was attached to the application for employment after labor law there was a rule obliging employers to provide candidates with written and reasoned refusals to accept a job if such a candidate requested a reason for refusal (read also, how to pass an interview ). So, in Article 64 Labor Code The Russian Federation states that the company is obliged to substantiate its negative decision within seven days from the moment the request is presented to it. 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 the job application

So, the employee agrees to write a statement. How is it done? Of course, there is no legally established form for private business and there cannot be. However, many firms design their own job application forms for simplicity and convenience.

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

1. Top right: name of the organization, full name of the person in whose name the job application is being written (usually this is 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 the department or department or other unit. If a fixed-term contract is concluded with an employee, they may be asked to indicate until what date the employee will work.
3. Date and signature of the filler.

additional information

In addition to the above data, sometimes in the application they are asked to write the address and contact number new team member. There is not much point in this, since this data can be indicated in the main document required when applying for a job - an employment agreement. Often employees are offered to fill out these two documents (application and employment contract) at the same time. If a new employee is accepted in the order of transfer or on a part-time basis, then all this is usually also prescribed in the application.

Part-time job application

But what about those who want to combine two positions in different departments or even different companies? When applying for a part-time vacancy (it doesn’t matter if it’s internal or external part-time in question), this feature is also reported in the application. Something like this: “I ask you to accept me as a 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, as follows: “Please accept me for the position of an accountant for 0.5 rates.”

Job application template

General Director of New Firm LLC

Vasiliev V.V.

From Olga Dmitrieva

Statement

I ask you to accept me for the position of special correspondent in the department of international affairs 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, they can offer (ask him) to write it in private company. Of course, you can refuse, but is it worth spoiling relations with a future employer?

VIDEO: Proper registration of labor relations with an employee

For information on how to properly arrange a relationship with an employee, see the video. Says Ivan Shklovets, Deputy Head Federal Service on labor and employment.