Terms of storage of employment contracts with freelancers. Shelf life of employment contracts of employees

Employment contract

Fixed-term employment contract

Any documentation must be stored at the enterprise and, depending on its type, the retention periods are also regulated. In this article, we will learn about ways to divide documentation for ease of storage and the retention period of employment contracts. How should employment contracts be archived and who is responsible for this. As well as how employment contracts are destroyed from the archives upon reaching the specified period.

From this article you will learn:

What is the shelf life of employment contracts in 2017;
features of the storage of employment contracts and the classification of their methods;
how to archive employment contracts;
how employment contracts are destroyed from the archive upon expiration.

Shelf life of employment contracts

The fact is that, like any documentation, the organization must store the employment contracts concluded with employees. Storage of this type of documents is associated with a number of problems. For example, with the complexity of determining the type of document, which is directly related to its storage period, storage conditions and destruction rules.

As a rule, all these processes are regulated by law. But in some cases, one contract may require different retention periods in different situations, which leads to all sorts of problems. Despite the complexity, it is simply necessary to understand this. It is important to remember that failure to comply with such storage conditions can be not only ineffective in terms of the organization's office work, but also risky in terms of a fine for violation.

Shelf life of employment contracts: important to know

So, in order to determine the period of storage of a document, it is necessary to determine its type and method of storage. There are two most common types of splitting contracts for their storage. The least common type is considered to be a document with a reference to the retention period.

Among them are:

Short term. This type includes documents that must be kept for at least 10 years.
Long-term. These documents must be kept for more than 10 years.
For permanent storage. Most often used when document destruction is not implied at all.

Unfortunately, this classification system is imperfect and often leads to confusion and errors. Therefore, the most popular type of storage is considered to be linked to the type of contract.

Most often they are of the following types:

Profile. All is meant here types of contracts and documents that directly relate to the scope of the enterprise and are stored for no more than 5 years.
Household. Similar to the previous type of contract and are also stored for no more than 5 years.
Labor. Often, this type of agreement is also stored for no more than 5 years, however, in some cases, the period can be extended, for example, in a situation where there is no personal account, the period can reach 75 years.

How to archive employment contracts

After the contract storage period has expired, it is important to send it to the archive correctly. This process is enterprise-specific and may vary. For example, there are organizations where archival documents are simply stapled and removed, which is called "on the table", which is considered an archive. And in other companies, the whole process can be strictly defined by regulatory documents with a person specially allocated for this work.

Both of these methods are legally acceptable. One is convenient for a small organization, the other for a large enterprise.

So, general rule, regardless of the method of storage, there is a time for transferring the document to the archive. As a rule, employees are required to send contracts to the archive no earlier than a certain period, regardless of their expiration date. This usually happens at the beginning of the year.

chief responsible person throughout the storage of documents and their archiving, the head of the organization is considered. In principle, he can delegate these duties to another person, which will facilitate the process as a whole, but this, in no case, relieves him of responsibility for the entire procedure.

It is worth saying a few words about the destruction of archival documents, as this is also considered part of the storage conditions. The fact is that treaties simply cannot be destroyed. To begin with, it is important to make sure that the deadline has exactly expired. In some cases, in order to avoid mistakes, archive employees destroy the documentation only after agreement with the management. After the approval of the list of contracts by the head, the document is filed and the moment of direct destruction of all unnecessary documentation begins.

Employment contracts of employees are signed in two copies by both parties and registered. The sample left at the enterprise is usually filed with the employee's personal file. Another option for storing employment contracts is to create a box where the papers are in alphabetical order.

When an employee leaves

In the event of dismissal, personal files, contracts and other documents should be archived. For this purpose, folders are created where files are filed. If the staff changes quickly in an organization, then a new folder is created every year. If, on the contrary, there are few employees, then documents for several years may be in one folder. Papers are divided by years using a blank sheet. The filing date can be indicated both in the year a person enters the position, and in the year of dismissal.

How you store agreements doesn't matter.

The main thing is to keep order in the archive and observe the term of storage of employment contracts of employees so that there are no administrative or even criminal penalties for violating the rules from the head of the organization.

Shelf life of employment contracts of employees

In order to determine the period of storage of the contract, it is necessary to indicate the type of document and its method of storage.

There are 3 types of documents:

Short-term (papers are stored less than 10 years)
Long-term (papers are in the archive for more than 10 years)
For permanent storage. Destruction of such cases is not provided.

Determine the retention period by type of document:

Profile contracts, as well as documents that are directly related to the activities of the organization. Stored in the archives for no longer than 5 years.
Business contracts. The shelf life is the same as in the first case.
Labor contracts. The shelf life of employment contracts of employees created before 2003 is 75 years. Documents dated after 2003 are kept up to 50 years. In the event of liquidation or bankruptcy of the enterprise, the files of employees are transferred to the municipal archive in a processed form.

Contact the professionals

If you would like to install exact date storage of employment contracts of employees at your enterprise, then our representative can help you with this. The archivist will quickly put things in order in the document flow and deal with all the papers (including those whose shelf life is disputed or unknown due to the loss of the relevant organization regulations).

Hello! Recently, a representative of the employer contacted and explained that he wanted to sort out the archive, asked about the terms of storage, and in general personal files and documents of employees.

Let's try and figure it out now!

The Russian Federation in Section III, devoted to the employment contract, does not say a word about the rules and terms for storing employee documents. However, paragraph 3 of Art. 3. RF No. 125-FZ dated October 22, 2004. “On Archival Affairs in the Russian Federation,” says that personnel documents are archival documents reflecting an employee with an employer, which means that their storage is regulated by this Federal Law.

At the same time, the personal data of employees relate to those transferred to the employer during employment (Article 9 of the Federal Law “On Archiving in the Russian Federation”). The employer has the right to create archives for storage necessary information, including personnel - personal files of employees, which most often include: personal cards of employees, orders for this employee (copies of orders), cards for issuing personal and collective protective equipment, employment contracts, copies of documents provided by the employee during employment.

Paragraph b) paragraph 4 of Art. 22. Federal Law of the Russian Federation No. 125-FZ of October 22, 2004 says that documents on personnel are stored for 75 years. But this period applies only to those documents that, according to the results of the examination, the values of the documents were included in the Archival Fund of the Russian Federation (clause 7, article 6, Federal Law “On Archival Affairs in the Russian Federation”).

Previously, there was a List of standard management documents generated in the activities of organizations, indicating the periods of storage, approved by the Federal Archives on October 6, 2000. In accordance with this list, non-governmental organizations were required to store documents for up to 10 years. But this list has lost its force in connection with the publication of the Order of the Ministry of Culture of the Russian Federation No. 558 dated August 25, 2010.

By order of the Ministry of Culture of the Russian Federation No. 558 of 25.08.2010 a new List of standard administrative archival documents formed in the course of the activities of state bodies, local governments and organizations was approved, indicating the periods of storage (List of standard documents).

Section 8 of the new List of standard documents contains a list of personnel documents, indicating the periods of storage to be stored in the organization.

In accordance with paragraphs 656 and 657 of the List of Standard Documents, personal files of employees and employment contracts that are not included in personal files must be kept for 75 years in the organization, or until the liquidation of the organization.

Thus, the retention period of the employment contract is 75 years. But do not forget that this period can be changed by departmental normative act.

Good luck to you! If there is a desire to discuss this topic, I will be glad to comment!