A bit about checks

[Андрей Захаров]

Personnel inspection ...

We have been dealing with these issues for quite a long time, providing private detective services .... Over 20 years .... We mainly provide assistance in this matter on a subscription basis to small and micro-business enterprises (staffing up to 100 people). one of our colleagues is a private detective, with a question about the features of the organization of such events ..... For a long time he told him about these features, which he found interesting and about some he did not know .... Based on the fact that this topic may be it’s interesting not only to him, I decided to summarize a little, so to speak, the experience of organizing such work so that those who are involved in personnel verification would know about the features of these measures regulated, among other laws, and the Labor Code of the Russian Federation ... .A "features" are not few .... Of course, to people who are constantly, by virtue of the duties assigned to them by the employer (employees of personnel departments, enterprise security services), unconditionally they know about it ... However, for some individuals, including private detectives, these features may not be known ... So what are the features .... And the features are as follows ...
As is well known, only licensed private detectives, in accordance with Article 3 of the Law on Private Detective and Security Activities in the Russian Federation, can provide verification of personnel (except, of course, persons who are employees of organizations in which the personnel inspection is performed, security services) a similar service on the basis of a civil law contract with an enterprise to which a similar service is provided ....
In this case, one should take into account the fact that there are certain differences in the provision of services for the collection of information regarding business entities (legal entities or individual entrepreneurs) and the collection of information regarding an individual employee of an enterprise or a person applying for an employment contract .... Here the fact is that the activity of collecting information on business entities is in principle not regulated by anything and has no actual restrictions .... And the activity of collecting information on an individual employee or a person applying for a job is clearly regulated by the rules rights-the Labor Code of the Russian Federation and other laws, which will be indicated below .... On this basis, you just need to take into account these features ... Probably the main feature in this matter is the factor that regarding business entities, when conducting its inspection no permission It is not required from the subject to verify the collection and processing of information about it .... And the audit can be carried out using any publicly available sources without restriction .... Moreover, the audit object itself is a business entity, it is not obliged to provide the inspector about itself (Naturally, if this person is not a representative of the executive branch), any information about yourself .....
In contrast, the object of verification is an individual (an employee of the enterprise or a person employed), in accordance with the requirements of Clause 3, Part 1, Article 86 of the Labor Code of the Russian Federation itself provides the employer with various information necessary for concluding an employment contract with certain restrictions, of course .... At the same time, it is possible to receive any information about the employee from other sources only if it can be obtained not from the employee himself, but from a third party .... Moreover, the employee must give such information written consent in a certain written form that meets the requirements of Clause 4, Article 9 of the Law "On Personal Data" .... There are many more features ... More on all of this will be indicated below .... In simple terms, the employee himself must provide the employer (of course, if necessary, and at the request of the employer), for example, information about a criminal record (the employee can receive this information in the form of a certificate from the Ministry of Internal Affairs upon an appropriate request drawn up by himself by the employee), information about the availability of loans (this information can be obtained by the employee himself in the form of an extract issued at the request of the BKI employee himself), answer questions from the questionnaire drawn up by the employer, etc. ..... Thus, it is the duty of the “inspector”, in accordance with the rules of law, including the Labor Code of the Russian Federation, in principle, do not include the free collection of any information regarding the employee, but the verification of the accuracy of the information indicated by the employee himself in the documents drawn up when applying for a job ....
So, we will consider what is on this topic ..... (I did not write it myself, due to the fact that the developments described by other people already exist) .... I hope it will be useful ...
The legal details of collecting information about the employee are well described in an article on this topic prepared by Vadim Sumin (Ural Academy of Modern Information Technologies), excerpts from which we provide for general familiarization with the topic ....
https://s.itstudy.ru/Statya-POLUChENIE-I-PROVERKA-SVEDENIJ-O-RABOTNIKE.html
RECEIVING AND CHECKING EMPLOYEE INFORMATION
“... .. Information about the employee, allowing to evaluate his personal and business qualities, is necessary for every employer to build labor relations with his subordinate. However, the legislation (and not only labor) has rather stringent requirements for the procedure for collecting such data.
According to Art. 85 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) personal data is information that is necessary for an employer in connection with an employment relationship and relating to a specific employee. In ch. 14 of the Labor Code of the Russian Federation, the basic requirements set by the legislator for the processing of personal data, that is, the process of their collection, storage, transfer or any other use, are formulated.
This article will focus on their receipt and verification. After all, it is with these procedures that the employer first of all has to deal with when hiring a new employee, and most of the violations related to the use of personal information are associated with them.
All information that the employer has the right to require from the employee or the applicant should be directly related to the labor process. Employers are not authorized to collect data on the personal, private life of a citizen (criminal record, housing conditions, religion, detailed information about relatives, etc.) without written permission to collect the applicant or employee.
What should the personnel officer check with the applicant in order to understand whether he meets the requirements for the position he is applying for? First of all, you need to 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 book (with the exception of cases when an employment contract is concluded for the first time or an employee enters 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;
• a document on education, on qualifications or on the availability of special knowledge - upon entering a job that requires special training.
The above list is closed, but in some cases stipulated by law, additional documents must be presented when applying for a job. So, the employer has the right to demand from a teenager who has not reached the age of 18 years, a certificate of his health. The fact is that in the aforementioned case, the law allows the existence of labor relations only when the state of human health allows it and this fact is confirmed in the prescribed manner 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 compulsory state fingerprint registration for those who enter the service of the internal affairs, foreign intelligence, federal tax police and tax authorities (Article 9 of the Federal Law of July 25, 1998 No. 128- Federal Law “On State Fingerprint Registration in the Russian Federation”).
However, it must be borne in mind that the employer is entitled to demand such papers only in cases expressly provided for by federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.
There are a great many examples when personal data play a significant role in concluding an employment contract and in the labor process. The process of obtaining such information should be extremely correct and carried out in a 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 questionnaires, resumes, and other non-documentary sources. I must say that neither the resume nor the questionnaire have the established form (they are not a document in the strict sense of the word). Of particular interest is only the information contained in them.
When extracting information about the employee, personnel officers need to remember that the Labor Code of the Russian Federation prohibits receiving and processing personal data about the political, religious and other beliefs of a person, his private life. Information about the private life of an employee can be obtained only when it is directly related to issues of labor relations. In addition, the written consent of the employee to collect such information is required. Therefore, if the applicant does not want to report, for example, whether his relatives suffer from alcoholism or drug addiction, you cannot force him to give out such information. If this is extremely important for the employer, he must obtain written consent from the employee and be prepared to prove in the case of a trial that, firstly, the consent was voluntary, and secondly, the requested information is directly related to the work.
As a rule, the employer, when he first meets a candidate for a vacant position, asks him to show a resume. Most often, it contains the biographical data of a person, information about education and work experience (professional portrait of the applicant). As mentioned above, a resume is not a document and its presentation when applying for a job is optional. This means that the lack of a resume does not entail any legal consequences for the applicant. Moreover, almost all the information usually included in a resume is available through other sources (previous jobs are reflected in the work book, and the applicant can inform about career achievements orally or through the questionnaire).
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 right there: if such information can be obtained only with the help of a third party, then the employee is notified about this in advance and there must certainly be written consent from him. The employer then informs the employee about the goals, the alleged sources and the method of obtaining personal data, as well as their nature and the consequences of the employee's refusal to give written consent to receive it.
Information about the employee provided by a third party can also be expressed in various forms, but, as a rule, this is an official document issued by an authorized body. In this case, not only the information contained in the document is important, but the document itself must meet certain requirements (seal of the organization, signature of the appropriate official, etc.). An example of receiving personal data from third parties is a certificate from the registry office on the change of name in the event that the employee cannot confirm this fact with any other document.
How do you verify employee information? If you approach the solution of this problem only from the point of view of legality, then there are not so many options.
The first option is to, having studied the entries in the workbook in detail, compare them with other available data about the employee. The practice of personnel officers indicates that most inconsistencies in information are found when analyzing entries in the work book (how correctly the notes are made, what the stamps are, whether the form of the submitted work book is genuine, etc.). In case of any doubt, clarification should be addressed directly to the employee.
The second option is to send an official request on behalf of the employing organization to the relevant authorities and organizations (for example, passport office, military registration and enlistment office, university, etc.) in order to confirm the information specified in the personal card of form No. T-2.
If the information provided by the employee at the conclusion of the employment contract is based on knowingly false information or is contained in false documents, the employer has every right to terminate the employment contract with him (Clause 11, Article 81 of the Labor Code of the Russian Federation).
The current legislation provides for a rather severe liability for the employer for violation of the rules on working with personal data. Art. 90 of the Labor Code of the Russian Federation reads as follows: "Persons guilty of violating the rules governing the receipt, processing and protection of personal data of an employee bear disciplinary, administrative, civil or criminal liability in accordance with federal laws." And in the Code of Administrative Offenses, article 13.11 is devoted to this topic. It says that violation of the procedure for collecting, storing, using or disseminating information about citizens is punishable by a fine.
The issue of protecting personal data in criminal law has not been bypassed. The Criminal Code of the Russian Federation provides for two articles in this regard: Art. 137 "Violation of 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 is protected from encroachment quite reliably and seriously.
And in conclusion, we will touch on a question that is not directly, but very closely related to the receipt and verification of personal data. It is a refusal to accept a job, a decision on which the employer often makes under the influence of information received from documents submitted by the applicant or other sources. Art. 3 of 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 status, etc. The prohibition on refusal to conclude an employment contract on the same grounds is contained in art. . 64 of the Labor Code of the Russian Federation. Therefore, no matter what the true reasons for the negative attitude of the employer towards the applicant, it is impossible to put them in the basis of the refusal (especially written) in hiring. In such cases, it is necessary to find a legitimate and acceptable reason (lack of experience, inadequate qualifications, inappropriate education, etc.). Moreover, the Supreme Court of the Russian Federation in its decision of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” indicated that if an employer refused to hire due to circumstances related to the business qualities of the employee, such a refusal is reasonable ..... ".
This article by Vadim Sumin reflects the basic principles for conducting personnel verification. However, some features in the collection and verification of information about the employee should be taken especially ..
We will not focus on the requirements of the articles of the Labor Code of the Russian Federation (Art. 86.88), which were mentioned above. We pay particular attention to the procedure for filling out an employee’s application for 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 federal law, the processing of personal data is carried out only with the consent in writing of the subject of personal data. Consent in written form on paper shall be deemed equivalent to the written consent of the subject of personal data on paper in the form of an electronic document signed in accordance with federal law with an electronic signature. The written consent of the personal data subject to the processing of his personal data should include, in particular:
1) last name, first name, patronymic, address of the subject of personal data, number of the main document proving his identity, information about the date of issue of the said document and the authority that issued it;
2) last name, first name, patronymic, address of the representative of the subject of personal data, number of the main document proving his identity, information on the date of issue of the said document and the authority issuing it, details of the power of attorney or other document confirming the authority of this representative (upon receipt of consent from the representative of the subject personal data);
3) the name or surname, name, patronymic and address of the operator receiving the consent of the subject of personal data;
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 of personal data is given;
6) the name or surname, name, patronymic and address of the person who processes personal data on behalf of the operator, if the processing is entrusted to such a person;
7) a list of actions with personal data for which consent is given, a general description of the methods used by the operator for processing personal data;
the period during which the consent of the subject of personal data is valid, as well as the method of its revocation, 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, in addition to other requirements imposed by the legislator when drawing up a written consent to the processing and verification of personal data, the application should reflect such important circumstances as a list of personal data, the processing of which is given by the subject of personal data, list actions with personal data, the consent of which is given, a general description of the methods used by the operator for processing personal data ....
As practice shows, some persons checking the information about the employee ignore these requirements .... But on the basis of them, when giving consent to the processing of personal data by the employee, the person initiating the verification (employer) must tell the subject of the audit what methods he will be used during verification (including a list of possible information resources by which it will be possible to carry out), as well as a complete list of all personal data specified by the subject of verification about himself (including criminal records, debt obligations, etc. ) However, some “testers” carry out checks of employees or applicants without a properly issued consent to the processing of personal data described above ... They use the methods of collecting information that are applicable to verify legal entities or individual entrepreneurs, which in principle is not permissible ... .
As practice shows, the most effective use when conducting inspections is a certain form of documents in which the applicant himself reflects about himself certain information to be verified ....
To do this, there is a form of an employee’s personal card form T-2 developed and approved by Decree of the State Statistics Committee of the Russian Federation dated January 05, 2004 No. 1, the use of which is currently not really necessary, but recommended to personnel officers and enterprise security services. This form contains columns for filling out information indicated by the applicant or employee, namely, TIN, SNILS, full name, date and place of birth, citizenship, knowledge of a foreign language, education (indicating educational institutions), the availability of postgraduate professional education, profession, length of service, state of marriage, family, passport information, address of residence, (actual and place of registration), date of registration at the place of residence, contact phone numbers, military registration information, information on admission and transfer to another work, information on certification and advanced training, professional training, awards and incentives, holidays and social benefits. In addition, in order to carry out a personnel check, employers can enter the following additional information, subject to verification of an individual, within the framework of the section “X” existing in this form, that the applicant or employee can inform the employer about himself (practiced by employers).
1. information about the presence or absence of a criminal record (verified by the provision of a certificate from the Ministry of Internal Affairs by the applicant or employee)
2. information on the existence of any credit obligations to credit non-governmental institutions (it is checked by providing the applicant or employee with a document from the BCI (credit bureau)
3. information on the presence or absence of credit obligations to citizens or other legal entities (the presence of initiated lawsuits in the Arbitration courts or courts of general jurisdiction) (checked according to the information posted on the GAS Justice portal)
4. Information on the presence-absence of instituted enforcement proceedings in the UFSSP (it is checked by providing the applicant with a certificate from the FSSS at the place of registration of the applicant or employee)
5. Information on the presence or absence of criminal cases against the applicant or employee, the decision on which has not yet been taken in the manner prescribed by law. (can be checked 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 questions that the applicant or employee agrees to answer (for example, the availability of information about him on social networks, etc.)

In order to verify certain categories of information communicated by the applicant or employee to the employer, in principle, a number of publicly available Internet resources can be used (information from which, in principle, is not official and cannot be used by the employer, in accordance with applicable labor laws when deciding on The "fate" of a potential applicant or employee, without providing the relevant documents received in an appropriate manner). The information obtained in this way is purely informational, on the basis of which documents from the applicant or employee can be duly executed. True, some of these resources do not allow completely. identify the object of verification .... But they can still be used for such ... Naturally, with the written consent of the inspector, duly executed in accordance with applicable law (Article 9 of the Law "On Personal Data") .... For verification of a person according to these services, from practice, it takes up to an hour of working time .....

SERVICES:
Rosfinmonitoring - A list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism -Service of the FSFM (financial intelligence of the Russian Federation) to check an individual for involvement in financing illegal activities and “laundering” of proceeds from crime.
General Directorate for Migration of the Ministry of Internal Affairs of Russia - Checking the List of Invalid Russian Passports - Service "passport verification" GU on migration issues of the Ministry of Internal Affairs of the Russian Federation.
Main Directorate for Migration of the Ministry of Internal Affairs of Russia - Verification of the validity of work permits and patents for labor activities by foreign citizens and stateless persons - Service "verification of work permits" GU on migration of the Ministry of Internal Affairs of the Russian Federation (for non-citizens of the Russian Federation)
Contour Focus Web service for quick check of counterparties - allows you to identify the relationship of an individual with legal entities and involvement in activities as an individual entrepreneur
GAS RF "Justice" - GAS Justice allows you to check an individual for evidence of bringing him to administrative or criminal liability , allowing to establish involvement in the participation of an individual in the consideration of various cases by arbitration courts, courts of general jurisdiction (civil cases, materials). When checking information about an individual according to the records of courts of general jurisdiction, the following circumstances should be borne in mind, the presence of which is indicated in the publication entrance
Federal Bailiff Service website of the UFSSP of the Russian Federation, on which it is possible to check information about an individual for the presence-absence of instituted enforcement proceedings, the fact of an individual being wanted by the UFSSP

Search for information in the register of disqualified persons website of the Federal Tax Service to verify an individual for disqualification

Additionally

http: //fsin.rf/criminal/ website of the Federal Penitentiary Service of the Russian Federation for the verification of an individual by the search system of the execution of sentences

https://mvd.rf/ website of the Ministry of Internal Affairs of the Russian Federation to check an individual for the search for law enforcement agencies, both for committing crimes and for missing a person (while taking into account the fact that information on the search for individuals may not be posted on publicly available resources)

This article, of course, does not cover all the problems when conducting a personnel check .... But still, it draws attention to especially topical issues, and therefore it will be thought to be useful to practitioners .....

Sincerely, Private Detective Andrey V. Zakharov

 

[aleksandr]

Informative!

 

[НСК-СБ]

Good, necessary article! I myself also deal with personnel security in a large federal company with branches in almost all regions of the Russian Federation.

But, I would like to advise you, Andrey - the bold type is not very readable, especially since it is prohibited in the rules of the Forum. And, paragraphs, spaces - they are not there, also not very ...
No offense! Just a tip!

 

[Демитрий]

Personnel inspection ...

We have been dealing with these issues for quite a long time, providing private detective services .... Over 20 years .... We mainly provide assistance in this matter on a subscription basis to small and micro-business enterprises (staffing up to 100 people). one of our colleagues is a private detective, with a question about the features of the organization of such events ..... For a long time he told him about these features, which he found interesting and about some he did not know .... Based on the fact that this topic may be it’s interesting not only to him, I decided to summarize a little, so to speak, the experience of organizing such work so that those who are involved in personnel verification would know about the features of these measures regulated, among other laws, and the Labor Code of the Russian Federation ... .A "features" are not few .... Of course, to people who are constantly, by virtue of the duties assigned to them by the employer (employees of personnel departments, enterprise security services), unconditionally they know about it ... However, for some individuals, including private detectives, these features may not be known ... So what are the features .... And the features are as follows ...
As is well known, only licensed private detectives, in accordance with Article 3 of the Law on Private Detective and Security Activities in the Russian Federation, can provide verification of personnel (except, of course, persons who are employees of organizations in which the personnel inspection is performed, security services) a similar service on the basis of a civil law contract with an enterprise to which a similar service is provided ....
In this case, one should take into account the fact that there are certain differences in the provision of services for the collection of information regarding business entities (legal entities or individual entrepreneurs) and the collection of information regarding an individual employee of an enterprise or a person applying for an employment contract .... Here the fact is that the activity of collecting information on business entities is in principle not regulated by anything and has no actual restrictions .... And the activity of collecting information on an individual employee or a person applying for a job is clearly regulated by the rules rights-the Labor Code of the Russian Federation and other laws, which will be indicated below .... On this basis, you just need to take into account these features ... Probably the main feature in this matter is the factor that regarding business entities, when conducting its inspection no permission It is not required from the subject to verify the collection and processing of information about it .... And the audit can be carried out using any publicly available sources without restriction .... Moreover, the audit object itself is a business entity, it is not obliged to provide the inspector about itself (Naturally, if this person is not a representative of the executive branch), any information about yourself .....
In contrast to this, the object of verification is an individual (an employee of the enterprise or a person applying for a job), in accordance with the requirements of Clause 3, Part 1, Article 86 of the Labor Code of the Russian Federation itself provides the employer with various information necessary for concluding an employment contract with certain restrictions, of course .... At the same time, it is possible to receive any information about the employee from other sources only if it can be obtained not from the employee himself, but from a third party .... Moreover, the employee must give such information written consent in a certain written form that meets the requirements of Clause 4, Article 9 of the Law "On Personal Data" .... There are many more features ... More on all of this will be indicated below .... In simple terms, the employee himself must provide the employer (of course, if necessary, and at the request of the employer), for example, information about a criminal record (the employee can receive this information in the form of a certificate from the Ministry of Internal Affairs upon an appropriate request drawn up by himself by the employee), information about the availability of loans (this information can be obtained by the employee himself in the form of an extract issued at the request of the BKI employee himself), answer questions from the questionnaire drawn up by the employer, etc. ..... Thus, it is the duty of the “inspector”, in accordance with the rules of law, including the Labor Code of the Russian Federation, in principle, do not include the free collection of any information regarding the employee, but the verification of the accuracy of the information indicated by the employee himself in the documents drawn up when applying for work ....
So, we will consider what is on this topic ..... (I did not write it myself, due to the fact that the developments described by other people already exist) .... I hope it will be useful ...
The legal details of collecting information about the employee are well described in an article on this topic prepared by Vadim Sumin (Ural Academy of Modern Information Technologies), excerpts from which we provide for general familiarization with the topic ....
https://s.itstudy.ru/Statya-POLUChENIE-I-PROVERKA-SVEDENIJ-O-RABOTNIKE.html
RECEIVING AND CHECKING EMPLOYEE INFORMATION
“... .. Information about the employee, allowing to evaluate his personal and business qualities, is necessary for every employer to build labor relations with his subordinate. However, the legislation (and not only labor) has rather stringent requirements for the procedure for collecting such data.
According to Art. 85 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) personal data is information that is necessary for an employer in connection with an employment relationship and relating to a specific employee. In ch. 14 of the Labor Code of the Russian Federation, the basic requirements set forth by the legislator for the processing of personal data, that is, the process of their collection, storage, transfer or any other use, are formulated.
This article will focus on their receipt and verification. After all, it is with these procedures that the employer first of all has to deal with when hiring a new employee, and most of the violations related to the use of personal information are associated with them.
All information that the employer has the right to require from the employee or the applicant should be directly related to the labor process. Employers are not authorized to collect data on the personal, private life of a citizen (criminal record, housing conditions, religion, detailed information about relatives, etc.) without written permission to collect the applicant or employee.
What should the personnel officer check with the applicant in order to understand whether he meets the requirements for the position he is applying for? First of all, you need to 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 book (with the exception of cases when an employment contract is concluded for the first time or an employee enters 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;
• a document on education, on qualifications or on the availability of special knowledge - upon entering a job that requires special training.
The above list is closed, but in some cases stipulated by law, additional documents must be submitted upon admission to work. So, the employer has the right to demand from a teenager who has not reached the age of 18 years, a certificate of his health. The fact is that in the aforementioned case, the law allows the existence of labor relations only when the state of human health allows it and this fact is confirmed in the prescribed manner 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 compulsory state fingerprint registration for those entering the service of the internal affairs, foreign intelligence, federal tax police and tax authorities (Article 9 of the Federal Law of July 25, 1998 No. 128- Federal Law “On State Fingerprint Registration in the Russian Federation”).
However, it must be borne in mind that the employer is entitled to demand such papers only in cases expressly provided for by federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.
There are a great many examples when personal data play a significant role in concluding an employment contract and in the labor process. The process of obtaining such information should be extremely correct and carried out in a 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 questionnaires, resumes, and other non-documentary sources. I must say that neither the resume nor the questionnaire have the established form (they are not a document in the strict sense of the word). Of particular interest is only the information contained in them.
When extracting information about an employee, personnel officers need to remember that the Labor Code of the Russian Federation prohibits receiving and processing personal data about a person’s political, religious and other beliefs, his private life. Information about the private life of an employee can be obtained only when it is directly related to issues of labor relations. In addition, the written consent of the employee to collect such information is required. Therefore, if the applicant does not want to report, for example, whether his relatives suffer from alcoholism or drug addiction, you cannot force him to give out such information. If this is extremely important for the employer, he must obtain written consent from the employee and be prepared to prove in the case of a trial that, firstly, the consent was voluntary, and secondly, the requested information is directly related to the work.
As a rule, the employer, when he first meets a candidate for a vacant position, asks him to show a resume. Most often, it contains the biographical data of a person, information about education and work experience (professional portrait of the applicant). As mentioned above, a resume is not a document and its presentation when applying for a job is optional. This means that the lack of a resume does not entail any legal consequences for the applicant. Moreover, almost all of the information usually included in a resume is available through other sources (previous jobs are reflected in the work book, and the applicant can inform about career achievements orally or through a questionnaire).
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 right there: if such information can be obtained only with the help of a third party, then the employee is notified about this in advance and there must certainly be written consent from him. The employer then informs the employee about the goals, the alleged sources and the method of obtaining personal data, as well as their nature and the consequences of the employee's refusal to give written consent to receive it.
Information about the employee provided by a third party can also be expressed in various forms, but, as a rule, this is an official document issued by an authorized body. In this case, not only the information contained in the document is important, but the document itself must meet certain requirements (seal of the organization, signature of the appropriate official, etc.). An example of receiving personal data from third parties is a certificate from the registry office on the change of name in the event that the employee cannot confirm this fact with any other document.
How do you verify employee information? If you approach the solution of this problem only from the point of view of legality, then there are not so many options.
The first option is to, having studied the entries in the workbook in detail, compare them with other available data about the employee. The practice of personnel officers indicates that most inconsistencies in information are found when analyzing entries in the work book (how correctly the notes are made, what the stamps are, whether the form of the submitted work book is genuine, etc.). In case of any doubt, clarification should be addressed directly to the employee.
The second option is to send an official request on behalf of the employing organization to the relevant authorities and organizations (for example, passport office, military registration and enlistment office, university, etc.) in order to confirm the information specified in the personal card of form No. T-2.
If the information provided by the employee at the conclusion of the employment contract is based on knowingly false information or is contained in false documents, the employer has every right to terminate the employment contract with him (Clause 11, Article 81 of the Labor Code of the Russian Federation).
The current legislation provides for a rather severe liability for the employer for violation of the rules on working with personal data. Art. 90 of the Labor Code of the Russian Federation reads as follows: "Persons guilty of violating the rules governing the receipt, processing and protection of personal data of an employee bear disciplinary, administrative, civil or criminal liability in accordance with federal laws." And in the Code of Administrative Offenses, article 13.11 is devoted to this topic. It says that violation of the procedure for collecting, storing, using or disseminating information about citizens is punishable by a fine.
The issue of protecting personal data in criminal law has not been bypassed. The Criminal Code of the Russian Federation provides for two articles in this regard: Art. 137 "Violation of 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 is protected from encroachment quite reliably and seriously.
And in conclusion, we will touch on a question that is not directly, but very closely related to the receipt and verification of personal data. It is a refusal to accept a job, a decision about which the employer often makes under the influence of information received from documents submitted by the applicant or other sources. Art. 3 of 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 status, etc. The prohibition on refusal to conclude an employment contract on the same grounds is contained in art . 64 of the Labor Code of the Russian Federation. Therefore, whatever the true reasons for the negative attitude of the employer towards the applicant, one should not put them at the basis of the refusal (especially written) in hiring. In such cases, it is necessary to find a legitimate and acceptable reason (lack of experience, inadequate qualifications, inappropriate education, etc.). Moreover, the Supreme Court of the Russian Federation in its decision of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” indicated that if an employer refused to hire due to circumstances related to the business qualities of the employee, such a refusal is reasonable ..... ".
This article by Vadim Sumin reflects the basic principles for conducting personnel verification. However, some features in the collection and verification of information about the employee should be taken especially ..
We will not focus on the requirements of the articles of the Labor Code of the Russian Federation (Art. 86.88), which were mentioned above. We pay particular attention to the procedure for filling out an employee’s application for consent to the processing of personal data, which 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 stipulated by federal law, the processing of personal data is carried out only with the consent in writing of the subject of personal data. Consent in written form on paper shall be deemed equivalent to the written consent of the subject of personal data on paper in the form of an electronic document signed in accordance with federal law with an electronic signature. The written consent of the personal data subject to the processing of his personal data should include, in particular:
1) last name, first name, patronymic, address of the subject of personal data, number of the main document proving his identity, information on the date of issue of the said document and the authority that issued it;
2) last name, first name, patronymic, address of the representative of the subject of personal data, number of the main document proving his identity, information on the date of issue of the said document and the authority issuing it, details of the power of attorney or other document confirming the authority of this representative (upon receipt of consent from the representative of the subject personal data);
3) the name or surname, name, patronymic and address of the operator receiving the consent of the subject of personal data;
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 of personal data is given;
6) the name or surname, name, patronymic and address of the person performing the processing of personal data on behalf of the operator, if the processing is entrusted to such a person;
7) a list of actions with personal data for which consent is given, a general description of the methods used by the operator for processing personal data;
the period during which the consent of the subject of personal data is valid, as well as the method of its revocation, 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, in addition to other requirements imposed by the legislator when drawing up a written consent to the processing and verification of personal data, the application should reflect such important circumstances as a list of personal data, the processing of which is given by the subject of personal data, list actions with personal data, the consent of which is given, a general description of the methods used by the operator for processing personal data ....
As practice shows, some persons checking the information about the employee ignore these requirements .... But on the basis of them, when giving consent to the processing of personal data by the employee, the person initiating the audit (employer) must tell the subject of the audit what methods he will be used during verification (including a list of possible information resources by which it will be possible to carry out), as well as a complete list of all personal data specified by the subject of verification about himself (including criminal records, debt obligations, etc. ) However, some “testers” carry out checks of employees or applicants without a properly issued consent to the processing of personal data described above ... They use the methods of collecting information that are applicable to verify legal entities or individual entrepreneurs, which in principle is not permissible ... .
As practice shows, the most effective use when conducting inspections is a certain form of documents in which the applicant himself reflects about himself certain information to be verified ....
To do this, there is a form of an employee’s personal card form T-2 developed and approved by Decree of the State Statistics Committee of the Russian Federation dated January 05, 2004 No. 1, the use of which is currently not really necessary, but recommended to personnel officers and enterprise security services. This form contains columns for filling out information indicated by the applicant or employee, namely, TIN, SNILS, full name, date and place of birth, citizenship, knowledge of a foreign language, education (indicating educational institutions), the availability of postgraduate professional education, profession, length of service, married status, family, passport information, address of residence, (actual and place of registration), date of registration at the place of residence, contact phone numbers, military registration information, information on admission and transfer to another work, information on certification and advanced training, professional training, awards and incentives, holidays and social benefits. In addition, in order to carry out a personnel check, employers can enter the following additional information, subject to verification of an individual, within the framework of the section “X” existing in this form, that the applicant or employee can inform the employer about himself (practiced by employers).
1. information about the presence or absence of a criminal record (verified by the provision of a certificate from the Ministry of Internal Affairs by the applicant or employee)
2. information on the existence of any credit obligations to credit non-governmental institutions (it is checked by providing the applicant or employee with a document from the BCI (credit bureau)
3. Information on the presence or absence of credit obligations to citizens or other legal entities (the presence of lawsuits in arbitration courts or courts of general jurisdiction) (checked according to information posted on the GAS Justice portal)
4. Information on the presence-absence of instituted enforcement proceedings in the UFSSP (it is checked by providing the applicant with a certificate from the FSSP at the place of registration of the applicant or employee)
5. Information on the presence or absence of criminal cases against the applicant or employee, the decision on which has not yet been taken in the manner prescribed by law. (can be checked 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 questions that the applicant or employee agrees to answer (for example, the availability of information about him on social networks, etc.)

In order to verify certain categories of information communicated by the applicant or employee to the employer, in principle, a number of publicly available Internet resources can be used (information from which, in principle, is not official and cannot be used by the employer, in accordance with applicable labor laws when deciding on The "fate" of a potential applicant or employee, without providing the relevant documents received in an appropriate manner). The information obtained in this way is purely informational, on the basis of which documents from the applicant or employee can be duly executed. True, some of these resources do not allow completely. identify the object of verification .... But they can still be used for such ... Naturally, with the written consent of the inspector, duly executed in accordance with applicable law (Article 9 of the Law "On Personal Data") .... For verification of a person according to these services, from practice, it takes up to an hour of working time .....

SERVICES:
Rosfinmonitoring - A list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism -Service of the FSFM (Financial Intelligence of the Russian Federation) to check an individual for involvement in financing illegal activities and “laundering” of proceeds from crime.
General Directorate for Migration of the Ministry of Internal Affairs of Russia - Checking the List of Invalid Russian Passports - Service "passport verification" GU on migration issues of the Ministry of Internal Affairs of the Russian Federation.
Main Directorate for Migration of the Ministry of Internal Affairs of Russia - Verification of the validity of work permits and patents for labor activities by foreign citizens and stateless persons - Service "verification of work permits" GU on migration of the Ministry of Internal Affairs of the Russian Federation (for non-citizens of the Russian Federation)
Contour Focus Web service for quick check of counterparties - allows you to identify the relationship of an individual with legal entities and involvement in activities as an individual entrepreneur
GAS RF "Justice" - GAS Justice allows you to check an individual for evidence of bringing him to administrative or criminal liability , allowing to establish involvement in the participation of an individual in the consideration of various cases by arbitration courts, courts of general jurisdiction (civil cases, materials). When checking information about an individual according to the records of courts of general jurisdiction, the following circumstances should be kept in mind, the presence of which is indicated in the publication entrance
Federal Bailiff Service website of the UFSSP of the Russian Federation, on which it is possible to check information about an individual for the presence-absence of instituted enforcement proceedings, the fact of an individual being wanted by the UFSSP

Search for information in the register of disqualified persons website of the Federal Tax Service to verify an individual for disqualification

Additionally

http: //fsin.rf/criminal/ website of the Federal Penitentiary Service of the Russian Federation for the verification of an individual by the search system of the punishment

https://mvd.rf/ website of the Ministry of Internal Affairs of the Russian Federation to check an individual for the search for law enforcement agencies, both for committing crimes and for missing a person (while taking into account the fact that information on the search for individuals may not be posted on publicly available resources)

This article, of course, does not cover all the problems when conducting a personnel check .... But nevertheless, it draws attention to especially topical issues, and therefore it will be thought to be useful to practitioners .....

Sincerely, Private Detective Andrey V. Zakharov

Andrei Valerievich, timely and professional article! I would also add here such an effective way of checking the accuracy of the information provided by the candidate for work, this is like an interview using a polygraph. If there are local acts defined by the employer in accordance with the legislation that regulate the procedure for passing an audit on hiring and scheduled inspections in the course of labor activity, this method will be mandatory without requiring the voluntary consent of the person in respect of whom this inspection is carried out. In addition, my opinion is that it is necessary at the legislative level to secure the exclusive right of private detectives to conduct any personnel checks and to investigate any form of ownership in an organization, as has been done with respect to private security companies in relation to security services.

 

[secrets]

Good article!

 

[Плотников Юрий Михайлович]

Thank you, I liked it!