Maintaining internal labor records is mandatory for every employer. Hiring and granting leave, recording working hours and duties of an employee, sending on a business trip and dismissal from work, as well as other issues arising in the framework of labor relations, are reflected in internal labor documentation.
The absence of mandatory documents regulating labor relations is a violation of labor legislation, which entails a fine on the company in the amount of the minimum wage for each violation. Among the mandatory personnel documents of the company are:
- Internal labor regulations. The internal labor regulations are approved on the basis of standard rules. They reflect the peculiarities of working in the company and include, in particular, the provisions on:
- the procedure for hiring and dismissal from work;
- the main duties of the employee;
- the main responsibilities of the employer;
- working time and its use;
- encouragement for success in work;
- responsibility for violation of labor discipline.
- Staffing. The staffing of employees, their number, job titles, salaries for each position determines the staffing table. Currently, there is no approved form of staffing for private companies in the legislation.
- Personal cards of employees in the form P-2. Entries in the employee’s personal card are made on the basis of the documents submitted by him or her and are confirmed by his or her signature.
- Labor contracts. The conclusion of a labor contract in the prescribed manner is mandatory. As a rule, it should be indefinite. Execution of a fixed-term labor contract is possible only in the cases specified by law.
- Orders on personnel matters. Personnel orders are issued on the basis of personal (statements of employees) and official documents (certificates, memorandums, presentations).
- Time sheet. With the help of the time sheet, employees’ working hours are recorded in order to control the mode of work, as well as payroll.
- Leave schedule. The company can independently determine the procedure for drawing up a leave schedule and develop its form. In order to avoid violation of labor legislation, leaves not used in previous years should be included in the schedule.
- Regulations on labor protection, instructions on labor protection, safety precautions. The text of these documents should be concise, understandable, not allow for different interpretations and may be supplemented by drawings and diagrams.
- Consent to the processing of personal data and obligations of non-disclosure of personal data. In pursuance of the requirements of the Law of Ukraine “On the Protection of Personal Data”, the employer must obtain the consent of the employee to process his or her data, which is confidential information.
This list of internal labor documentation required for maintaining in the company is not exhaustive. The necessary internal labor documents depend on the number of employees, the type of company, and the characteristics of its activities.
Improper maintenance of internal labor records is a violation of labor laws and can lead to liability for both the company and its officials.