Report by Andrei Zakharov, a private detective from Saransk.

[Матушкин Андрей Николаевич]

STAFF CHECK

Verification of staff .... We are dealing with these issues for quite a long time
providing private detective services .... Over 15 years .... We mainly provide
assistance in this matter on a subscription basis to small and micro enterprises
business (number of personnel up to 100 people). Just recently turned one
Our colleague is a private detective, with a question about the features of the organization of the
events of this kind ..... For a long time I told him about these features, which
seemed interesting to him and about some he did not know .... Based on the fact that this topic
may be interesting not only to him, I decided to generalize here a little, so
to say, the existing experience in organizing such work so that
Personnel reviewers were aware of the features of the data.
events regulated by, among other laws, the Labor Code
RF .... And the "features" are not few .... Of course, persons who are constantly, by virtue of
the duties assigned to them by the employer (staff
units, enterprise security services), certainly know about it ... However
to some individuals, including private investigators, these features may not be
known ... So what are the features .... And the features are as follows ...
As is well known, personnel verification (except, of course, persons who are
employees of organizations in which the personnel check is carried out, service
security), can only deal with licensed private detectives, in
in accordance with Article 3 of the Law on Private Detective and Security Activities in
RF, providing such a service on the basis of a civil contract with
the company that provides such a service ....
In this case, the factor that there are certain differences in
the provision of services for the collection of information on business entities
activities (legal entities or individual entrepreneurs) and collection
information regarding the individual employee of the enterprise or
person applying for a labor contract .... The point here is precisely that
collection of information regarding business entities
activities in principle are not regulated by anything and no actual
has no restrictions .... And the activity of collecting information regarding the physical
a person-worker or a person applying for a job is clearly regulated
rules of law - the Labor Code of the Russian Federation and other laws, which will be indicated
below .... Based on this, you just need to consider these features ... Probably the main
a feature in this matter is the factor that relative to the subjects
no entrepreneurial activity
permission from the subject of the audit to collect and process information about him is not required .... And
verification can be carried out using any publicly available
sources without restriction .... In this case, the object of verification is subject
entrepreneurial activity, is not obliged to provide an auditor about himself
person (of course, if this person is not a representative of the executive branch), any
information about yourself .....
In contrast, the object of verification is an individual (employee of the enterprise or
person entering the work), in accordance with the requirements of Clause 3, Part 1, Article 86 of the Labor Code of the Russian Federation
provides the employer with various information necessary for
conclusion of an employment contract with certain restrictions, of course ....
it is possible to receive any information about the employee from other sources only
in the event that they can be obtained not from the employee himself, but from a third party ....
this, the employee must give written consent to receive such information
certain written form, corresponding to the requirements of paragraph 4 of article 9 of the Law "On
personal data ”.... There are many more features ... More about everything
this will be indicated below .... In simple terms - the employee himself must provide
to the employer (of course, if necessary, and at the request of the employer), for example
criminal record information (the employee can obtain this information in the form of a certificate from the Ministry of Internal Affairs on
corresponding request drawn up by the employee himself), information on availability
loans (this information can be obtained by the employee himself in the form of an extract issued on
request of the employee of the BKI), answer questions posed by the employer
questionnaires, etc. ..... Thus, the duty of the “inspector”, in accordance with
the rules of law, including the Labor Code of the Russian Federation, in principle, does not include the free collection of any
information regarding the employee, and verification of the authenticity of the information indicated about himself
the employee himself in the documents drawn up when applying for a job ....
So, consider what is on this topic ... (I didn’t write, due to the fact that
there are developments described by other people) .... I hope it will be useful ...
Legal Details of Collecting Employee Information
fairly well painted in an article on this topic, prepared by Vadim Sumin
(Ural Academy of Modern Information Technologies), excerpts from
which we provide for a general familiarization with the topic ....
https://s.itstudy.ru/Statya-POLUChENIE-I ... TNIKE.html

RECEIVING AND CHECKING EMPLOYEE INFORMATION
“... .. Information about the employee, allowing to evaluate his personal and business
qualities that every employer needs to build an employment relationship with
subordinates. However, the legislation (and not only
labor) makes rather stringent requirements.
According to Art. 85 of the Labor Code of the Russian Federation (hereinafter the Labor Code of the Russian Federation) personal
data - this is information necessary for the employer in connection with labor
relationship and relating to a particular employee. In ch. 14 of the Labor Code of the Russian Federation are formulated
basic requirements of the legislator for the processing of personal
data, that is, to the process of their collection, storage, transmission or any other
use.
This article will focus on their receipt and verification. After all, it is with these
the employer must first deal with procedures when accepting a new one
employee, and with them the majority of violations in the field of use
personal information.
All information that the employer has the right to require from the employee or applicant,
should be directly related to the labor process. Collect data about
personal, private life of a citizen (criminal record, housing conditions,
religion, details of relatives, etc.) employers, without
written permission to collect the applicant or employee is not authorized.
What should the personnel officer have to check with the applicant in order to understand whether he matches
the requirements for the position for which he is applying? First of all
make sure that the future employee has the necessary documents,
listed in Art. 65 Labor Code of the Russian Federation. These include:
• passport of a citizen of the Russian Federation or other document proving his identity;
• employment record (unless a labor contract is entered into
for the first time or the employee goes to work on a part-time basis);
• certificate of state pension insurance;
• military registration documents - for persons liable for military service and persons subject to conscription
military service;
• a document on education, on qualifications or on the availability of special knowledge - if
entering a job requiring special training.
The above list is closed, but in some cases provided
by law, upon admission to work must be presented
additional documents. So, the employer has the right to demand from a teenager, not
reached the age of 18 years, a certificate of his health. The fact is that in
In this case, the law allows the existence of an employment relationship only if
when the state of human health allows it and this fact is confirmed in
the established procedure by a medical report (Article 213 of the Labor Code of the Russian Federation).
Some employers may need unusual information,
for example, a document on the passage of a mandatory state fingerprint
registration - for those entering the service in the internal affairs bodies, external
intelligence, federal tax police and tax authorities (Art. 9
Federal Law of July 25, 1998 No. 128-ФЗ On the State Fingerprint
registration in the Russian Federation ”).
However, it must be borne in mind that the employer has the right to demand such papers.
only in cases expressly provided for by federal laws, decrees
President of the Russian Federation and resolutions of the Government of the Russian Federation.
Examples where personal data play a significant role in the conclusion
an employment contract and in the process of labor, a great many. Process of obtaining such
information must be extremely correct and implemented in strict legal
framework.
Information about the person is contained not only in the documents listed in Art. 65
Labor Code of the Russian Federation. A prospective employee can provide information about himself orally, through
profiles, resumes, other non-documentary sources. I must say that neither resume nor
questionnaires do not have a fixed form (are not a document in the strict sense
of this word). Of particular interest is only the information contained in them.
When extracting information about an employee, personnel officers must remember
that the Labor Code of the Russian Federation prohibits receiving and processing personal data about
political, religious and other beliefs of a person, his private life.
Information about the employee’s privacy can only be obtained when it’s
directly related to issues of labor relations. Also necessary
the written consent of the employee to collect such information. Therefore, if
the applicant does not wish to report, for example, whether his relatives are suffering
alcoholism or drug addiction, make him give out such information you don’t
you can. If this is extremely important for the employer, he should receive from the employee
consent to such actions in writing and prepare to prove in case of
a trial that, firstly, consent was voluntary, and secondly,
The requested information is directly related to the work.
As a rule, the employer when he first met a candidate for a vacant
position asks him to show a resume. Most often it contains biographical
human data, information about education and work experience (professional
portrait of the applicant). As mentioned above, a resume is not a document and its
presentation at employment is optional. So, the lack of resume is not
entails no legal consequences for the applicant. Especially since
almost all information usually included in a resume is available through other
sources (previous jobs are reflected in the work book, and about career
the applicant can report orally or through the application form).
The general principle of obtaining personal data, enshrined in Art. 86 and 88 of the Labor Code of the Russian Federation,
states that all personal data of the employee should be obtained from him.
However, there is a reservation: if such information can be obtained only
with the help of a third party, the employee is notified of this in advance and from him
there must certainly be written consent. The employer then informs the employee
about the goals, alleged sources and method of obtaining personal data, and
also about their nature and the consequences of the employee’s refusal to give written consent to
their receipt.
Information about the employee provided by a third party may also be
expressed in various forms, but, as a rule, this is an official document,
issued by an authorized body. In this case, the information is not only important,
contained in the document, but the document itself must meet certain
requirements (seal of organization, signature of the appropriate official, etc.).
An example of receiving personal data from third parties is a certificate from the authorities
registry office to change the name in the event that the employee can not confirm this
fact by any other document.
How do you verify employee information? If you approach the solution
This task is only from the point of view of legality, there are not so many options here.
The first option is to, having studied in detail the entries in the work book,
match them with other available employee data. Work practice
personnel officers indicates that most inconsistencies in information
are found when analyzing entries in the work book (how correctly
the records are made, what are the stamps worth, whether the form itself is submitted labor
authentic books, etc.). In case of any doubt, clarification is necessary
Contact the employee directly.
The second option is to send an official request on behalf of the organization-
the employer to the relevant authorities and organizations (e.g. passport office,
military registration and enlistment office, university, etc.) in order to confirm the information specified in the personal card
form number T-2.
If the information provided by the employee at the conclusion of the employment contract,
based on knowingly false information or contained in false documents,
the employer has every right to terminate the employment contract with him (clause 11 of article 81 of the Labor Code
RF).
Current legislation provides for a rather severe liability
for the employer for violating the rules on working with personal data. Art. 90 Labor Code of the Russian Federation
sounds like this: “Persons guilty of violating the rules governing the receipt, processing
and the protection of personal data of the employee, bear disciplinary,
administrative, civil or criminal liability in
compliance with federal laws. ” And in the Code of Administrative
offenses, article 13.11 is devoted to this topic. It states that the violation
procedures for the collection, storage, use or dissemination of information on
citizens are punished by a fine.
The issue of protecting personal data in criminal law has not been bypassed. IN
The Criminal Code of the Russian Federation provides for two articles in this regard: Art. 137 "Violation
privacy ”and Art. 138 "Violation of the secrecy of correspondence,
telephone conversations, postal, telegraphic or other communications. ”
The conclusion suggests itself: in law, the personal data of your
employees are protected from attacks quite reliably and seriously.
And in conclusion, we will touch on a question that is not directly, but very closely related to
receipt and verification of personal data. It’s about refusing to hire,
the decision that the employer often makes is influenced by information,
received from documents submitted by the applicant or other sources. Art. 3
The Labor Code of the Russian Federation states: no one may be limited in labor rights, depending on
gender, race, color, nationality, language, origin, property
provisions, etc. Prohibition of refusal to conclude an employment contract for the same
grounds contained in Art. 64 of the Labor Code of the Russian Federation. Therefore, whatever the true
the reasons for the negative attitude of the employer towards the applicant, you can not put them in the basis
refusal (especially written) in hiring. In such cases, you must find
a legitimate and acceptable reason (lack of experience, inadequate qualifications,
inappropriate education, etc.). Moreover, the Supreme Court of the Russian Federation in its
Decree of March 17, 2004 No. 2 “On the application by the Russian courts
Federation of the Labor Code of the Russian Federation ”indicated that if the employer
refused to hire due to circumstances related to business qualities
given employee, such a refusal is justified ..... ".
This article by Vadim Sumin reflects the basic principles of implementation
staff checks. However, some features in the collection and
verification of information about the employee should be treated especially ..
We will not focus on the requirements of the articles of the Labor Code of the Russian Federation
(Art. 86.88) referred to above. Pay special attention to the order
execution of an application by an employee to give his consent to the processing of personal
data that may be subject to verification, regulated by Article 9
Of the Law “On Personal Data” .... As can be seen from part 4 of this article “In cases
provided for by federal law, the processing of personal data
is carried out only with the written consent of the subject of personal data.
Equivalent to containing the personal signature of the subject of personal
consent in writing is accepted on paper
form of electronic document signed in accordance with federal
by electronic signature. Written consent of the subject of personal
data on the processing of his personal data should include, in particular:
1) last name, first name, patronymic, address of the subject of personal data, main number
document proving his identity, information on the date of issue of the specified
the document and the issuing authority;
2) last name, first name, patronymic, address of the representative of the subject of personal data, number
main document proving his identity, information on the date of issue
the specified document and the issuing authority, details of the power of attorney or other
document confirming the authority of this representative (upon receipt
consent from the representative of the subject of personal data);
3) name or surname, name, patronymic and address of the operator receiving consent
personal data subject;
4) the purpose of the processing of personal data;
5) a list of personal data for the processing of which the consent of the subject is given
personal data;
6) the name or surname, name, patronymic and address of the person carrying out
processing personal data on behalf of the operator, if processing is
entrusted to such a person;
7) a list of actions with personal data for the commission of which is given
consent, general description of the personal processing methods used by the operator
data;
the period during which the consent of the subject of personal data is valid, as well as
the method of its recall, unless otherwise provided by federal law;
9) the signature of the subject of personal data. ”.
Based on the contents of this article, it follows that, among other requirements
presented by the legislator in the preparation of the written consent to the processing and
verification of personal data, the statement should reflect such important
circumstances, as a list of personal data for the processing of which gives
consent of the subject of personal data, list of actions with personal
consented data, general description of the data used
operator of personal data processing methods ....
As practice shows, some individuals who verify information about
employee ignore these requirements .... But based on them, when giving consent to
processing of personal data by an employee, person initiating the audit (employer)
must tell the subject of verification what methods he will use when
verification (including a list of possible information resources, using
which it will possibly be implemented), as well as a complete list of all
personal data specified by the subject verifying about himself (including facts
criminal record, the presence of debt obligations, etc.). However, some “testers”
carry out an inspection of the employee or applicant without having the correct
Consent to the processing of personal data described
above ... Use the methods of collecting information applicable for verification
legal entities or individual entrepreneurs, which in principle is not
permissible ....
As practice shows, the most effective use during
checks of a certain form of documents in which the applicant reflects himself
certain information to be verified ....
To do this, there is developed and approved by the Decision of the Goskomstat
Of the Russian Federation dated January 5, 2004 No. 1 form of an employee’s personal card in form T-2, application
which is currently not necessarily true, but recommended to personnel officers and
enterprise security services. This form contains columns to
filling in the information indicated about yourself by the applicant or employee, namely
TIN, SNILS, full name, date and place of birth, citizenship, knowledge of a foreign language
language, education (indicating educational institutions), availability
after university vocational education, profession, work experience, condition in
marriage, family composition, passport information, address of place of residence, (actual and
place of registration), date of registration at the place of residence, contact numbers
telephones, information on military registration, information on admission and transfer to another
work, information on certification and advanced training, professional
training, awards and rewards, vacations and social benefits. In addition, with
In order to carry out a personnel check, employers may introduce
section X existing in this form, the following additional
information to be verified about an individual that the applicant or
the employee can inform the employer about himself (practiced by employers).
1. Information about the presence - the absence of a criminal record (verified by providing
applicant or employee of the relevant certificate from the Ministry of Internal Affairs)
2. Information on the presence of any credit obligations to credit
non-governmental institutions (verified by the applicant or
employee document from BKI (credit bureau)
3. Information about the presence - the absence of credit obligations to citizens or
by other legal entities (the presence of initiated lawsuits in
Arbitration courts or courts of general jurisdiction) (checked according to
posted on the GAS Justice portal)
4. Information on the presence-absence of instituted enforcement proceedings in
UFSSP (it is checked by providing the applicant with a certificate from the FSSP in place
registration of the applicant or employee)
5. Information on the presence or absence of criminal proceedings in respect of
job seeker or employee whose decision has not yet been made in the established
law order. (can be verified using publicly available internet -
services of the Ministry of Internal Affairs of the Russian Federation, the Federal Penitentiary Service of the Russian Federation, the Federal Penitentiary Service of the Russian Federation, but not in full)
6. It is possible to include other issues to which the applicant or employee agrees
answer (for example, the availability of information about him on social networks, etc.)
To check certain categories of information reported by the applicant or
employee to the employer, in principle, you can use a number of publicly available
Internet resources (information from which, in principle, are not official and not
can be used by the employer, in accordance with applicable standards
labor legislation when deciding on the "fate" of a potential
job seeker or employee, without providing appropriate
documents received appropriately). Obtained in this way
information is purely informational, on the basis of which
demand from the applicant or employee properly executed
documents. True, some of these resources do not allow completely.
identify the object of verification .... But can still be applied to
such ... Naturally, with the written consent of the inspected, executed
duly in accordance with applicable law (Article 9 of the Law
“On personal data”) .... To verify a person using these services, from
practice, it takes up to an hour of working time ....

SERVICES:
https://www.fedsfm.ru/documents/terr-list -Service FSFM (financial intelligence of the Russian Federation) for
verification of an individual for involvement in the financing of illegal
activities and "laundering" of proceeds from crime.
https://services.fms.gov.ru/info-service.htm?sid=2000 - Service "passport verification" GU on
migration issues of the Ministry of Internal Affairs of the Russian Federation.
https://services.fms.gov.ru/info-service.htm?sid=2060 - Service "permission check for
work "GU on migration issues of the Ministry of Internal Affairs of the Russian Federation (for non-citizens of the Russian Federation)
https://focus.kontur.ru/ - allows you to identify the relationship of an individual with legal
persons and involvement in activities as an individual entrepreneur
https://www.sudrf.ru/ - GAS Justice allows you to check an individual for availability
facts of bringing him to administrative or criminal
responsibility, allowing to establish involvement in the participation of an individual
to consideration of various cases by arbitration courts, courts of general jurisdiction
(civil cases, materials). When checking information about an individual on accounting
courts of general jurisdiction should bear in mind the following circumstances for
which are indicated in the publication https://alldetectivesrf.profiforum.ru/t336-topic
https://fssprus.ru/ website of the UFSSP of the Russian Federation, on which it is possible to verify information
on an individual subject to the presence-absence of excited executive
proceedings, the fact that an individual is wanted by the UFSSP
https://service.nalog.ru/disqualified.do website of the Federal Tax Service for verification of an individual on
subject of disqualification
Additionally
http: //fsin.rf/criminal/ - site of the Federal Penitentiary Service of the Russian Federation for the verification of an individual for search
penal system
https://mvd.rf/-website of the Ministry of Internal Affairs of the Russian Federation for checking an individual for his wanted
law enforcement agencies, both for committing crimes, and as
missing person (at the same time it is necessary to take into account the fact that the information on the search
individuals may not be posted on publicly available resources)
This article, of course, does not cover all the problems involved in conducting verification.
staff .... But nevertheless, it draws attention to particularly pressing issues in
connection with what is thought to be useful to practitioners .....


Sincerely, Private Detective Andrey V. Zakharov.

 

[Плотников Юрий Михайлович]

Thank!

 

[Детективное агентство Тула]

Thank you so much!

 

[Детектив-Молдова]

Andrey, thanks for the work, for the work!

 

[Виктор Сергеевич]

Thank!
Serious work.

 

[Сергей Анатольевич]

Thank!

 

[Дмитрий Викторович]

Andrei Valerievich, thank you for your work!

 

[Николай Николаевич]

Thank.