Arguments on the problem of the need to cancel the work book. Why there is no need for work books

The PFR branch for the Chechen Republic recalls that very soon paper work books will be canceled and new ones will be introduced - electronic ones. What is the basis for such a global change? How would this happen? And what will be brought into the work of the Pension Fund in connection with this? These and other questions are answered by Mokhmad-Emi Akhmadov, the manager of the Pension Fund of the Russian Federation for the Chechen Republic.

- Mokhmad-Emi Isaevich, what caused such a change?

For several years now, a program for the transition to electronic circulation of information on the employment of citizens has been considered at the state level.

What is a work book anyway? Personal document of the established form, which contains information about labor activity employee, the history of his job transitions. The existing sample document has been in use since 2004. A work book is issued to citizens who first got a job, and if it is lost, a duplicate is issued to the employee. The document is filled out in the personnel department and stored there while the person works in the organization.

I must say that in many countries work books have ceased to be available in principle. For example, in the same Europe, the work book in our understanding is considered an obsolete tool. There, a long time ago, the work book was completely replaced by electronic databases. This was done because in practice there are many complaints about paper documents. And they arise not only from their owners, but also from employers.

- And what exactly are the claims?

The main dissatisfaction is connected with the following. Firstly, the paper form of the work book becomes unusable over the years, can be lost or damaged. And the procedure for its recovery is quite complicated, and there is a risk of complete loss of some data. Secondly, there are a lot of episodes of fraud with books, since the forms are freely available, which is why there are so many fakes. Thirdly, the need to allocate special premises for storing employee books; especially it concerns large enterprises with over 100 people. In this case, you have to organize special racks to store so many personal documents of employees. And, of course, the labor costs of time and its payment, which are spent on certifying the copies made, on creating extracts manually, etc., are in no way justified.

- And what is changing now?

So far, nothing has changed. We are on the way of legal substantiation of such a metamorphosis. Ministry of Labor of the Russian Federation within the framework of federal program « Digital economy RF” a corresponding draft law has been developed that will affect and take into account the interests of all employees. It is assumed that from January 1, 2021, information about the labor activity of employees will be kept only in in electronic format, with the exception of employees who have submitted an application for maintenance work books on paper. And we should all be prepared that this will happen soon.

- What will be the work book of the new format?

- The document will be electronic file, which will be stored in the personalized accounting system. Both in paper and in electronic form, the essence of the work book does not change: this is the main document of every working citizen of the country.

- Mokhmad-Emi Isaevich, can we at least somehow outline the advantages of electronic work books today?

Of course, there are many advantages here. This is, first of all, the impossibility of falsifying books, since all information will be easily verified electronically. The risk that information about a person's professional activities will be lost is reduced. Opportunities appear: to constantly improve the created system and introduce additional auxiliary resources; protect information from errors and typos, which are often made when filling out labor documents; employees will be able to respond quickly to the actions of the employer to fill out their work books; interested structures will be able, if necessary, without an employee to see the entire necessary information about him.

It also greatly simplifies the management of personnel production; protects owners of books from employers who do not comply with the deadlines for issuing books upon dismissal; relieves the employee from the need to contact the employer each time for a copy of the work book, when he needs it. It will be enough just to send your data from the information system to the place of demand.

The pluses include standardization, maintaining personnel information in specialized databases. Having gained access to it, employees will be able to control all the information that is entered into their work book online. Well, and, of course, efficiency. And when making a transition from one job to another, and when applying for a remote job.

- Are the deadlines for the transition to electronic work books known today?

- It is assumed that in 2019 all necessary changes in labor legislation, as well as resolved technical issues.

The transfer of the paper version to the electronic version will take place in stages and will begin with the fact that new data will be entered by employers in electronic format. Then, gradually, all the data written in the forms earlier will be transferred to computer databases.

From 2021, all work books will be kept only in electronic form. Citizens and organizations for whom the usual form seems most convenient can continue to keep paper work books along with electronic ones. However, for those who got a job for the first time since 2021, such an opportunity is not provided.

So far, no one is going to completely abandon traditional paper work books. If an employee wants his documents to be kept on paper, this cannot be prevented. Despite the fact that in this case, employers will have to do double work - to comply with the requirement to transfer data to the state information system and at the same time maintain paper documents. To do this, the employee must write to the employer an application to continue maintaining a paper document.

From January 1, 2021, employers will have to give paper work books to employees, as they will no longer be responsible for their storage and maintenance. An exception will be made only by persons who write an application to continue maintaining a paper document. The draft law on this matter states that the maintenance of work books on paper will not be carried out from January 1, 2027.

- Mokhmad-Emi Isaevich, what role is assigned to the territorial bodies of the Pension Fund in this regard? Has anything changed in functionality?

Employers will submit all information about the labor activity of their employees in electronic form to the bodies of the Pension Fund of the Russian Federation: on hiring, transfer to another position or dismissal (date, order number and its content).

In other words, accounting for seniority is supposed to be included in the current function of the Pension Fund - maintaining individual (personalized) records of insured persons.

It looks quite logical, because now double accounting of the length of service of employees is being carried out: by the Pension Fund of the Russian Federation - on the personal accounts of employees and by employers - in work books. Moreover, the length of service according to the work book is not taken into account when assigning a pension from the moment the employee is registered in the system of compulsory pension insurance and he is assigned SNILS.

All information about the experience of the PFR is taken exclusively according to the data of the individual personal account of the employee. Therefore, electronic work books will eliminate unnecessary duplicity in accounting for seniority.

From January 1, 2020, the employer will be required to provide information about the labor activity of insured persons to information system FIU. The employer will have to submit information about labor activity on a monthly basis no later than the 15th day of the month following the reporting one. From January 1, 2021, such information in cases of hiring or dismissal must be sent no later than the business day following the date of issuance of the document that is the basis for hiring or dismissal.

From labor law other obsolete requirements are planned to be removed. According to Ivan Shklovets, deputy head of Rostrud, they will "reduce" by-laws, the implementation of which is costly, and the result is not obvious. It is, for example, about the obligatory maintenance of a vacation schedule. If this proposal is approved, then the employer will be able to make lists only for his convenience, but no longer provide them. labor inspectors when checking.

This will make life easier not only for personnel officers, but also for the employees themselves. If during the year they want to change the dates of their vacation, then for this they will not have to run with a statement from boss to boss, collect signatures and put seals, it will be enough to verbally coordinate their plans with the head of the unit.

However, it will not be possible to completely abandon the vacation schedule, Natalia Polikarpova, head of the personnel department of a large publishing holding, explained to RG. It still needs to be completed by December 25th. The organization itself is interested in this, so as not to stall the work process and distribute vacation payments throughout the year.

Another obsolete requirement of labor legislation is the procedure for maintaining, accounting and storing work books. Quite stringent conditions are now prescribed: books must be stitched, numbered, fastened wax seal. But such a seal in our time can only be found in the mail. The employer needs to separately order its manufacture, approve it by a special order, and bear additional costs.

"Just imagine, in our age information technologies I have to light a candle and melt a piece of sealing wax on it," Polikarpova said.

Are workbooks really necessary? At micro-enterprises, for example, the government has proposed abolishing their mandatory registration. In this case, upon dismissal, an entry on the date of termination of the employment contract, as well as on the basis for its termination, is made in the employment contract, the explanatory note to the document says.

But if you still decide to issue a book, then if you wish, it can be stored at the employee's home.

In the future, this rule can be extended to all companies, regardless of the number of employees, experts are sure. “Employment records have long become an excessive requirement of the personnel process,” the head of the personnel department is sure. “We have long had all the data about employees in electronic form, in the same form we send them to Pension Fund RF. And we prescribe all changes in positions and salaries in employment contracts.

Traditional work books are clearly outdated, HR departments have been keeping records in electronic form for a long time

In the meantime, the Ministry of Labor has repeatedly stated that they plan to convert work books into electronic form.

What else is planned to be abolished? In terms of briefings on labor protection, it is proposed to exclude the requirement to keep an introductory briefing log and include a record of its passage in the employment contract.

Part 6 of Article 136 of the Labor Code of the Russian Federation, which establishes the documents where the days of payment should be indicated, also requires clarification. wages. To date, these are three documents - the rules of internal work schedule, collective agreement, labor contract. Rostrud's proposal is to leave this information in one document of the employer - in the internal labor regulations.

At the same time, it is also necessary to increase the efficiency of the work of the labor inspectorate itself, to create a unified automated system management of control and supervisory activities.

To identify obsolete and redundant requirements of the Labor Code of the Russian Federation, a working group under the direction of the Ministry of Labor. And by the end of this year, she will prepare a report to the government with her proposals.

Comment

Alexander Safonov, Vice-Rector of the Academy of Labor and Social Relations:

He has long called for a rule to be introduced for employees of small enterprises, according to which work books could be kept in their hands. One side, individual entrepreneurs without education legal entity and other small businesses find it difficult to comply with today's bureaucratic requirements for the storage of work books. On the other hand, the workers themselves are at risk: after all, there are cases when small employers suddenly disappear, and people end up not only without a salary, but also without documents.

As for the vacation, in order to send an employee on vacation, an order is enough, which is still approved by the employer. The main thing is to let people go. The employee has the right to leave six months after employment, and he must go on vacation no later than 11 months later. Of course, large employers with hundreds or even thousands of employees need a vacation schedule so that they don’t break manufacturing process and there were no conflicts in the team. But in this case, the schedule could well be transferred to the category of internal non-binding documents.

What other documents should be abandoned in the field of labor legislation? It is worth reviewing the numerous industry documents related to wages and developed back in Soviet years for certain industries and professions - tractor drivers, metallurgists, and so on. All of them continue to operate, because they have not been canceled. And they cause a lot of controversy. For example, industries have disappeared from us, and species have appeared instead of them. economic activity Thus, when interpreting documents, nuances arise.

We need a revision of these documents, which should be carried out by trade unions together with employers. Perhaps it would be worthwhile to create working groups with their participation, which would assess the feasibility of a number of Soviet documents. And those of them that ensure the preservation of guarantees for special working conditions should remain. And those that are not related to guarantees could be canceled or transferred to the jurisdiction of specific companies. But this must be done very carefully, with a transitional period, so that the process goes smoothly.

The final list of "unnecessary" documents should eventually be submitted to the Russian tripartite commission for the regulation of social and labor relations.

Health

Employers think about the psychological comfort of subordinates

More than 40 percent of Russians experience stress in the workplace. And in Western Europe - 36%.

And stress at work not only adversely affects the health of the employee, but also hits the pockets of employers. The fact is that in a state of stress, people work much worse and less efficiently, or even formally attend work, more often become victims of accidents, get sick. The losses of companies because of this, for example, in Australia amount to 5.3 billion Australian dollars a year, in Germany - 29.2 billion euros, in France - 3 billion euros.

There are no similar calculations for Russia. Moreover, in the list of occupational diseases there is no mention of stress and its consequences. Accordingly, there are no specialists in our country who could establish causal relationships between nervous experiences and deterioration in physical health. Our country is just beginning to move in this direction.

Much controversy and concern have been caused by recent proposals to abolish work books. How now to take into account the experience, display career ups and many many others. To dispel the most common fears and doubts, we asked a specialist in labor law Elena Gerasimova.

Hello, Elena.

Hello.

It is possible that work books will be canceled next year, but so far this is an initiative. Let's first talk about what it is connected with and what are the main pros and cons?

In fact, not even next year, but after a longer time. That is, it is assumed that there will be such a transitional period when work books will not be mandatory, and in the future, somewhere in 12-15 years, the final abolition of work books will finally happen, by 2025 approximately. And in the interim, books will be kept at the request of the employee. At the moment, there are many technical issues, for example, in which the work book interferes, or at least it is very inconvenient to deal with it. labor Relations. For example, sometimes it happens that the employer, knowing that the work book is obligatory, threatens the employee, manipulates the employee, demanding something from him, threatens that, and I will make a bad entry in the work book about the dismissal under the article, like this we are called, that is, about dismissal on a guilty basis. With the disappearance of the work book, for example, such an opportunity will disappear.

And what will happen instead of a work book?

According to the Ministry of Health, for several years, work has been carried out to develop a single electronic system that would allow combining data from both the Pension Fund and the Fund social insurance, and data, as far as I understand, the State tax office, which just contains information about the amount of wages. And this is the union in single base data will allow solving those issues for which a work book was needed.

Let's assume this is the situation. The employer, as often happens, has sunk into oblivion, and the person who worked for him cannot prove this fact in any way. What should he do?

If the question of how to prove an employment relationship arises after the cancellation of the work book, in fact, nothing will change for a person, because in the same way the obligation remains and will remain forever and, I hope, in the Labor Code, the obligation to conclude an employment contract with an employee in two copies, one of which must be transferred to the employee, and draw up other documents on work: an order for employment, all orders that record changes in the status of an employee, an order for dismissal.

And how will they pay without work books sick leave, calculate pensions, calculate all kinds of allowances, and so on?

If it seems that today it is possible to calculate the amount of pensions from pensions even with the current system, the electronic system, with the current system of personalized pension accounting, then with benefits today the situation is more complicated. For now, these benefits are paid by the employer. Now, if there is a transition to this single electronic system, which will collect information from all state funds that keep records and receive reports from employers, if this information is accumulated in one place, then the Social Insurance Fund will be able to move to calculate these allowances yourself.

Information about awards, titles, for example, "Veteran of Labour", is also entered into the work book. What will happen to this information?

You just have to confirm this with primary documents, what is called, yes. That is, if this is, say, some kind of bonus or declaration of gratitude, then an order to declare gratitude at the place of work, on the assignment of various titles, is also the relevant documents. Another thing is that you will need to collect these orders carefully enough all your life, employment contracts, orders about everything. About everything, about everything, it seems to be quite a difficult task. And the main recommendation is to keep your work book always even after they are canceled, they will become optional there for some quite a long time in the most unforeseen situations, it seems to me that the work book can still come in handy.

Development electronic technology does not stand still, every year they occupy an increasing place in society. This applies not only to technology and gadgets, but also to almost all spheres of life of a modern person.

So, in many advanced countries of the world, electronic document management has already been introduced, while all the main documents containing information about citizens have also been digitized. Our state in last years is also actively developing this area.

Gradually, there is a rejection of the traditional workflow. So, they have already stopped issuing paper certificates of ownership of residential premises, pension certificates, SNILS cards. In the future, it is planned to stop issuing paper passports and replace them with plastic cards with a chip, which will contain all necessary information about a citizen.

In this regard, the question arises of the possibility of canceling other documents on paper, in particular work books. Plans to remove them from the document circulation have existed for a long time, but how are things going with this at the moment? This is what will be discussed next.

Employment history is a basic document made on paper which every working citizen must have Russian Federation. It contains information about the professional activities of the owner.

The circulation of this document has a long history in our country. It appeared almost simultaneously with Soviet power. According to the law of those times, every worker was obliged to have a work book. Some time later, this document became necessary for non-working citizens to start. He then served as an identity card.

Reference! Soviet peasants who were members of collective farms did not have this document for a long time. Only in 1975 did a specially designed paper for collective farmers appear.

Employment books have repeatedly changed in their design and execution procedure. After the collapse of the USSR, Soviet-style books were issued on the territory of the Russian Federation for a long time. Since 2004, citizens who are just starting their labor activity must have a new document. The Soviet labor, with all this, continued their circulation, they did not replace them (except in those cases when a duplicate document was issued due to its loss or damage). If an old-style document ran out of space, then an appropriate insert is purchased for it.

Document Functions

It performs several important functions at once, among which the following should be highlighted:

1. Fixing the professional activity of a citizen. To document in without fail information about the education of its owner, qualifications, places of work and positions held is entered. In addition, the labor contains information about employee incentives (previously, records were made about disciplinary actions) and grounds for layoffs. Thus, the document in question is the main source of information about work activities, work experience and professional qualifications citizen.

1. Definition of experience. A work book or a certified copy of it is often required to confirm the length of service, both general and at a specific place of work. This document is required in the pension fund for the appointment of appropriate payments, in the social protection authorities when assigning certain benefits, in employment centers, etc.

Myth and reality about the abolition of work books

Increasingly, there is talk that work books can be canceled. At the same time, there is practically no information about how this will happen.

So, many believe that labor will be abolished altogether, and, accordingly, the record of experience will stop. This is absolutely wrong, there is absolutely no talk of a complete rejection of fixing the professional activities of employees.

In real there will be a gradual replacement of hard-copy work books with their electronic counterpart. In this way, we are talking on changing the form of accounting for professional activities.

Cancellation projects

The work book in its current form is a kind of Soviet rudiment. If we talk about global practice, then such documents are practically not used anywhere in the world.

In most countries where the pension insurance system operates, all information about the employee is based on information transmitted by the employer to the authorities pension provision relevant states, as well as to private foundations.

The FIU receives the relevant data after the 2002 reform, when the country's pension system switched to insurance principles. And already at that time, there were initiatives to abandon work books, since the latter, in fact, duplicate the information contained in the electronic databases of the PFR. However, at that time there was no technical possibility for this.

Subsequently, this topic was raised more than once, both in 2017 and 2018, but the corresponding projects were postponed under various pretexts and no one calls the exact dates.

What hinders the implementation of projects

Among the reasons why the abolition of work books could not take place in previous years, the following should be highlighted:

1. A large number of citizens with Soviet experience. The Russian Pension Fund started keeping records only after 2002. The periods in which professional activity was carried out earlier, including under the USSR, were largely not taken into account, and therefore work books are the only document confirming the work experience before the 2002 reform.

1. Lack of technical capability. Maintaining an appropriate database requires certain resources, including those of a technical nature.

1. Security questions. In the age of information technology, it is extremely important to ensure the security of relevant data. For a long time, the lack of such an opportunity hampered the development electronic document management in Russia.

1. Insufficient level of interaction with employers and employees.

Alternative document options

So what can serve as documentary evidence of labor activity in the event of cancellation of labor?

There are several such documents:

1. Labor contract. This agreement is concluded in two copies, one of which remains with the employee. It can also be used as proof of employment.

1. Statement of the individual insurance account. This document contains information about all places of work of a citizen, indicating the periods of labor activity.

Important! You can get an extract both at the PFR offices and in electronic form through the State Services portal.

Pros and cons of e-books

The introduction of electronic labor has both positive and negative sides.

Pros:

• simplification of document flow;
• faster hiring and dismissal procedures;
• not necessary .

The downside is that electronic systems and databases are not immune from technical errors. This can lead to errors in determining the length of service of an employee and, as a result, calculating pensions and other payments.

Myths and reality about the abolition of work books

In 2019, the abolition of labor was already discussed at the level of federal ministries, and a corresponding bill was submitted to the State Duma. In this regard, there were rumors that in the current year or in 2020, paper work books would cease to be valid. However, this is not entirely true.

Will they cancel it in 2019?

According to the head of the Ministry of Labor Maxim Topilin, in Russia they will indeed begin to abandon work books, but this will begin to happen from 2020. At the same time, of course, we are talking about transferring them from paper to electronic format. The relevant database will be maintained by the FIU.

The minister emphasized that the procedure will take place gradually, and also assured that those citizens who still decide to use paper labor can do this after 2020.

The work book is one of the most important documents for a citizen, which reflects all his professional details. The current format is outdated. In this regard, the state begins a smooth transition to the formation of electronic labor. This process is likely to be lengthy and voluntary for citizens.

Was there an order to cancel labor? Has a law been adopted to withdraw paper documents from circulation? See the answer in the video:

All the same, it will take place, and it is already known exact date: January 1, 2020. The Government of the Russian Federation has proposed three bills for consideration, providing for a number of major amendments to labor and pension legislation. Bill No. 748684-7 on the abolition of paper work books and the transition to their electronic versions was adopted by the State Duma in the first reading. Let's talk about what awaits employers and ordinary citizens in connection with these changes in 2020.

When will work books be canceled in Russia

The concept of "electronic work books" is absent in Russian legislation. The changes introduced by the law operate with the term “information about labor activity”. Now all information about employees, their length of service, transfers to other positions, dismissals will be transmitted via electronic communication channels to the Pension Fund. A gradual transition from paper books to electronic books is planned during 2020. The date of cancellation of work books on paper is January 1, 2021. From 01/01/2021, all paper work books must be handed over to employees, and they will not be required from newly hired employees when they are hired, and paper work books will not be issued to those who first get a job in 2021.

The bill allows an employee to have a work book on paper after the specified period - he can write an application for keeping the book with the employer and maintaining it in paper form. However, this does not exempt the employer from the electronic transfer of data to the FIU for such employees. The employer must accept these applications only within the prescribed period - until the end of 2020. If the application is not received before 01/01/2021, the work will be handed over to the employee. Thus, the responsibility for the safety of the forms of work books returned to employees is removed from the employer.

Three draft laws on the abolition of work books in Russia

All of the above changes are introduced by bill No. 748684-7. According to him, Labor Code The Russian Federation is supplemented by a new article 66.1 "Information on labor activity", which describes the procedure for canceling work books on paper and the algorithm for switching to electronic system accounting. The bill also regulates a set of preparatory measures for employers. They are required during 2020 to:

make the necessary changes to the local regulations, collective agreement (if necessary);

notify the staff in writing against signature of a change in the procedure for accounting for work books;

prepare for the electronic transfer of data on employees: ensure the availability of a technical base, personnel and appropriate software.

Another draft law No. 748744-7, amending the law on accounting No. 27-FZ of 04/01/1996, obliges employers to submit a new monthly report SZV-TD "Information on labor activity", starting from January 2020. The deadlines for its submission are similar SZV-M report- no later than the 15th day of the month following the reporting month. But from January 1, 2021, this report will need to be generated and submitted to the FIU on the next business day after the date of issuance of the order to hire, dismiss an employee, transfer to another job. Companies with 25 or more employees are required to provide this information in electronic format. Thus, many companies will switch to electronic personnel document flow with the Pension Fund.

The third draft law No. 748758-7 amends Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and introduces liability for all employers for the repeated transmission of false or incomplete information about the labor activity of personnel and for violation of the deadlines for their submission. So far, sanctions have been provided only in the form of a warning. officials employer. But, perhaps, a fine of a certain amount will also be introduced, because. the law is still under consideration.

How do employees find out about their work experience?

The abolition of work books in 2020 in the form of paper forms raises a legitimate question among employees: how can they find out information about their work activity, length of service, etc. Bill No. 748684-7 provides for the receipt of this data by the employee from the following sources:

from your current or last employer in the form of a certified certificate in paper form or electronic document, signed by EDS; information is issued on the day of dismissal or upon request within 3 days after receipt of the relevant application by the personnel department;

through the MFC - on paper, duly certified;

in the FIU - in electronic or paper format to choose from;

through the website of the State Services in electronic form.

The ongoing reform to abolish work books offers a number of benefits for both companies and their employees:

An electronic work book cannot be forged or lost: in case of loss or damage, it is not necessary to bypass all former employers to restore records.

It will be convenient for employees to apply for public services and the appointment of pensions and benefits: there is no need to present a paper copy of the work book every time to confirm the length of service.

The FIU will have a single electronic database for the appointment of pensions, which will simplify this procedure.

When hiring, the personnel department will promptly receive all data on the seniority of employees.

Employers will reduce the cost of purchasing and storing work book forms.

Meanwhile, experts also point out shortcomings of the ongoing reform. These include the issue of the safety of personal data in the FIU system. On the this moment There were no failures and information leakage, but the risk of confidential data falling into the hands of fraudsters always exists.

It is also possible that the data may disappear due to the fault of the state. There are many examples of underestimation of seniority by the PFR, and in the absence of sufficient seniority, a refusal to assign an insurance pension occurs, while not many citizens will live until the appointment of a social pension in connection with the ongoing pension reform. Recall that the retirement age for social old-age pension is set at 70 for men and 65 for women. The insurance pension will be received by women from the age of 60, and men from 65.

And one more minus of the bills being introduced for the employers themselves: it adds more reports to them and increases the responsibility for the regularity of the provided personnel information.

Conclusion

Answering the question whether paper work books will be canceled, we can say that most likely yes, they will. The government has been considering implementing these changes since 2017. Another question is how effective the ongoing reform will be. The transition to electronic personnel document management and its maintenance will be associated for many companies with significant resource costs, which may provoke further evasion by employers from formalizing employees in the state and paying gray salaries. On the other hand, the digitization of personnel data, provided that they are completely preserved, will simplify the procedure for confirming seniority when interacting with government agencies.