Know the mandatory admission documents and avoid labor lawsuits

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Know the mandatory admission documents and avoid labor lawsuits

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Admission documents are proof of the professional's civilian life and are essential to formalize the hiring of a new employee.

THE hiring of a professional requires a lot of attention from HR. As much as this sector has assumed a strategic part in the day to day of companies, bureaucracies are still part of their routine.

One of the most important among these bureaucratic processes, there is the control in the documents for admission. The formalization of the contract avoids any type of labor error and future processes.

Being one of HR routines, it is important to get organized to have control over the processes. It is essential that professionals in the personal department know which documents to request and which not to request.

And so that you stay on top of the entire process of requesting documents for admission, we have prepared special content on the topic, check it out!

After you finish reading, we recommend that you download this free eBook. In it you will understand how to make an efficient recruitment and selection process. Answer the form and receive right now:

What is the importance of documents for admission

Admission documents serve as a form of protection for the company to maintain regularity under the law. Often the Ministry of Labour sends representatives to supervise employment contracts and whether everything is being respected.

Not requiring documentation is like living in anonymity, without respecting the work laws.

It is as if an ordinary person were hired to work in a position that requires proof of admission documents.

Failure to require documentation leaves the company without the necessary safeguards for admission and can lead to serious fines and labor lawsuits. The admission documents help the company to basically know the civilian life of the professional.

With the data of the professional in hand, through the admission documents, you can recognize that his information is correct and that he is eligible to be hired.

Admission documents are as if they were a form of identification of the professional.

Mandatory admission documents

There is a list of mandatory admission documents and requested by companies. Want to know what they are? We have separated a complete list with the most common documents:

  • copies (RG, CPF, proof of residence, Work and Social Security Card (CTPS), proof of schooling, birth certificate in the case of children under 21);
  • professional registration, if it is a requirement for the profession, such as doctors (CRM) or lawyer (OAB registration);
  • military enlistment certificate for males between 18 and 45 years old;
  • attestation of Occupational Health (ASO) – document that attests the health of the employee to perform his / her function;
  • CNH, if the job requires the use of vehicles;
  • photo 3 × 4;
  • declaration of dependents, if any;
  • voter registration and voting slip for the last three elections.

Unnecessary admission documents

If there are documents that have become essential in the admission process, some should not be required by companies. Even compelling the presentation of these documents can generate some kind of judicial problem between the professional and the organization.

Check below the documents for admission that are unnecessary.

  • tests (HIV and Pregnancy);
  • criminal antecedent;
  • debts or negative certificate from Serasa or SPC;
  • documents proving that he has no lawsuits against other companies.

Any requirement on the part of the organization referring to the above documentation can be considered as a form of prejudice, generating fines. This is explained in the Convention 111, Article 1 gives International Labor Organization (ILO):

Article 1 – For the purposes of this Convention, the term “discrimination” includes:

a) Any distinction, exclusion or preference based on race, color, sex, religion, political opinion, national origin or social origin, which has the effect of destroying or altering equal opportunities or treatment in matters of employment or profession;

b) Any other distinction, exclusion or preference that has the effect of destroying or altering equal opportunities or treatment in matters of employment or profession, which may be specified by the Interested Member after consulting the representative organizations of employers and workers, when they exist , and other suitable bodies.

Rules for admission

When requesting documents for admission, the company needs to follow some rules regarding the time it retains the professional's documentation.

According to law No. 5,553, the company has up to a maximum of five days to return documents for employee admission, even if they are certified copies.

Article 1. It is lawful for any natural person, as well as any legal person, under public or private law, to retain any personal identification document, even if presented by certified photocopy or public form, including proof of discharge with the service. military, voter registration, professional card, birth registration certificate, marriage certificate, proof of naturalization and foreigner's identity card.

Art. 2 When, for the performance of a certain act, the presentation of an identification document is required, the person who makes the requirement will extract, within up to 5 (five) days, the data of interest and then return the document to the your exhibitor.

Regarding the work card, the time is even shorter and the company has up to 48 hours to register to return it to the employee. The deadline is provided for in the article 29 gives CLT law.

Art. 29 – The Work and Social Security Card must be presented, against receipt, by the worker to the employer who admits it, who will have forty-eight hours to write down, specifically, the date of admission, remuneration and special conditions, if any, with the option of adopting a manual, mechanical or electronic system, according to instructions to be issued by the Ministry of Labor. (Wording given by Law No. 7,855, 10.24.1989)

O Caged (General Register of Employed and Unemployed) also needs to be notified about hiring and HR has up to seven days to notify about hiring.

Automate admission processes

A viable alternative that can alleviate the bureaucratic flow of HR is to hire a management software. With the agility and speed required by the market, it is necessary to have more time to focus on planning and strategy, to achieve good results.

These software offer greater savings in processes, such as organizing documents for admission, for example.

Within the same platform, the employee fills in the data and sends the documentation. O personal department has access and can follow the process in real time, until the last document is sent.

Thus, it can achieve greater speed in the control of hiring and in the relationship with accounting. Saving time and having greater security so as not to suffer from labor lawsuits in the future.

O Fifth floor adopted management software and managed to reduce time by up to 90% to make a new hire.

Have control over admission processes

Controlling the documentation of the employee's admission processes can avoid problems with labor justice. As much as there is a bureaucratic issue in the organization of documents for admission, it is an essential part of hiring.

This process requires a lot of attention and because it is part of an HR routine, it requires prepared professionals who understand the guidelines of the law. Knowing which documents for admission are necessary is essential and avoids mistakes.

A wrong process or a document requested unnecessarily can lead to serious labor problems and fines for the company.

Therefore, taking responsibility and recognizing the importance of admission documents should also be part of the company's results strategy.

If you have difficulties with your admission processes, leave a comment in this article that we help you in this routine.

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