In the letter № 21095/6 / 99-99-17-03-03-15 the State Fiscal Service explained the specifics of notifications concerning staff employment.
It is to be noted that in accordance to Chapter 3 Article 24 of theLabour Code, the employee cannot be permitted to work without signing a labour contract, issued on the orders or instructions of the owner or his agent, and the notification of the central executive authority on issues of formation and realization of state policy on the administration of the Unified Social Tax Administration in concern with the staff employment.
The notification procedure of State Fiscal Service and its local organs in concern with the commencement of employment has been approved by the Cabinet of Ministers on June 17, 2015 № 413 (hereinafter - Resolution number 413).
In accordance with the Resolution № 413, a notification about staff employment is submitted to the local organs of the State Fiscal Service by the owner of the enterprise, institution, organization or institution authorized by it (person) or individuals at the place of registration of the Unifies Social Tax payer according to the Annex to the Resolution № 413, before the start of work by the employee of the labour contract. The notice is submitted via one of the following ways:
- Via Electronic communication with the digital signature of responsible persons in accordance with the requirements of legislation in the field of electronic document and digital signature
- On paper together with a copy in electronic form;
- On paper, if the signed labour contract is with no more than 5 persons.
Consequently, the notice of staff employment in accordance to the annex of resolution № 413 is submitted on paper on condition that on the date of the formation of such a notification, the insured employment contracts have been signed with no more than 5 employees, i.e. that the notification rows are filled in for no more than for 5 admitted employees, regardless of the number of employees already working at the enterprise.
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