Every company has a series of procedures to do throughout the admission process. Each step is extremely important to strictly follow all the mandatory requirements of the CLT law when formalizing the contract.
Within this process is the registration in the employee registration form, provided for in article 41 of the CLT law. It is through this registration that the company can provide, not only to itself, but also to the employee, a ssecurity in the face of labor obligations.
Therefore, it is mandatory that the employee registration form it must always be updated and always respecting sequential numbering.
Not to mention that with employee registration form the company has all the professional and personal information of the employee at hand. Thus offering a view of the company on the professional's previous history.
But what are the mandatory data of the employee registration form and how to formalize admission through this document? Below we explain everything about the theme!
What the law says about the employee registration form
THE employee registration form it is an obligation of the CLT law provided for in article 41. This formalization can be done through: books, records or electronic system.
Art. 41 – In all activities, the registration of the respective workers will be mandatory for the employer, and books, forms or electronic systems may be adopted, according to instructions to be issued by the Ministry of Labor. (Wording given by Law No. 7,855, 10.24.1989).
The authenticity of the information and documents passed on by the employee is full responsibility of the employer or legal representative. In addition, it is possible for the company to adopt a centralized and unique system.
But for this to happen it is necessary that employees have a identification card.
This document, which must contain the full name of the professional, working hours, position / function and registration number in PIS / PASEP.
If the company has other branches, the employee registration form it must always be in the establishment, at the disposal of a possible inspection of the work.
Employee record sheet data
Regardless of employee record sheet template, some information is required. The sole paragraph of article 41 of the CLT law mentions the necessary data that must be included in the form.
Art. 41 Sole paragraph – In addition to the civil or professional qualification of each worker, all data related to their admission to employment, duration and effectiveness of work, vacations, accidents and other circumstances that concern the protection of the worker must be noted. (Wording given by Law No. 7,855, 10.24.1989).
Below you can see the complete data list, as provided for in art. 1st of Ordinance No. 3,626 / 91:
- employee identification, according to CTPS number and series or Worker's Registration Number;
- date of admission and dismissal;
- office or function;
- remuneration and form of payment;
- place and working hours;
- vacation grant;
- identification of the PIS / PASEP account;
- accidents at work and occupational diseases, when they have occurred.
Each of this information is mandatory on the employee registration form when he is admitted to the company.
Therefore, it is essential that the company and the responsible sector are attentive to every detail to comply with all labor rules and avoid problems with justice.
Updating the employee registration form
In some situations, employee registration form it needs to be duly updated to protect the company in cases of labor and inspection processes. Check when HR should update the document.
The vacation grant necessarily needs to be noted on the employee registration form. This information serves as proof that the mandatory period was actually granted to the employee.
That is, whenever there is this vacation period, employee registration form needs to be updated. This obligation is provided for in article 135 of the CLT in paragraphs 1 and 2.
Paragraph 1 – The employee may not enter the vacation without having to present to the employer his Work and Social Security Card, so that the respective concession is noted on it.
Paragraph 2 – The vacation grant will also be noted in the employee's book or registration forms.
If the employee changed his role in the company, whether through a promotion or job change, the employee registration form needs to be updated.
Thus, the change is formalized and it is proven that the professional is exercising the position described by the company and presented before the legal rules of hiring.
With this update, the company is complying with labor laws and beware if there is any inspection. Incidentally, the change of job is usually followed by a salary change, which also needs to be described in the employee registration form.
The union contribution, after the labor reform, it is no longer mandatory.
Every employee now needs to authorize the company to make this discount on their wages. If this value is authorized, it must be included in the employee registration form.
Data such as the current year, union name and amount to be collected are mandatory. In each change of value, that is, any readjustment that is made in this discount, in addition to the employee being communicated, it is necessary to updating the employee record.
Any personal injury or injury to the employee in office is considered an accident at work.
Accidents that cause partial or total incapacity to perform the job need to be described in the employee registration form.
As they are eligible for accident-aid, illness, disability retirement and even rehabilitation, everything needs to be described in the employee registration form. Date, place, cause, date of discharge and even the result need to be described in filling out the form.
Important information on the employee registration form
Even taking into account critical points in the update, such as those previously mentioned, some simpler ones can also cause problems. Check out some of them:
- Name: any change related to the name, either by adding the spouse's surname or a court decision needs to be updated;
- Date of birth: an error in this information can prevent the employee from withdrawing his FGTS or even entering a request for some social security benefit.
- Address: Caixa sends correspondence regarding the FGTS balance to the registration address. Therefore, it is essential that the address is updated in the employee registration form;
- Admission date: Any mistake in recording this data can cause labor lawsuits, since the termination calculations will be incorrect, as well as the FGTS value;
- PIS number: it is important to be aware that this data is correct, so that the employment relationship is not considered non-existent;
Computerized employee registration form system
The computerized system, as mentioned earlier, is one of the viable options for formalizing the admission process.
However, there are some rules provided by law, in Port. MTE 41/07 – TRT, article 4.
4th The employer may register employees in a computerized system that guarantees the security, inviolability, maintenance and conservation of information and that:
I – keep an individual record in relation to each employee;
II – keep an original record, individualized by employee, adding rectifications or annotations to it, when applicable; and
III – ensure, at any time, the access of labor inspection to the information, through screen, report printing and magnetic means.
When the company wants to move from the form to the computerized system, it is recommended to create a registration book closing term.
In relation to the information to be passed on to the new model, it is essential that all data of employees still in activity be transcribed and passed on.
Even if the employee has a suspended contract, is retired due to disability or is receiving some social security benefit.
This way the organization of the data of the employee registration form, even if in a computerized way, following the order of admission, chronologically.
If by chance any employee is not part of the company, the information does not need to be transcribed to the new system.
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The importance of the employee registration form
THE employee registration form it is a very important document for the company to protect itself in relation to labor standards.
As it is mandatory under the CLT law, it is essential that the drafting is done correctly.
Any errors in annotation can generate losses for the company and the employee. Both in matters of fines, due to an erroneous data perceived by the inspection, as well as impacting the employee's access to some social security benefits, for example.
Therefore, no matter how much the process is extremely bureaucratic, a employee registration form it is an inseparable part of the admission process.
Regardless of the form of registration, it must be properly updated and available for any inspection.
And how do you organize your employee registration form in your company? Tell us by leaving a comment on the article!