home Exchange rates The procedure for maintaining work books. Basic rules for maintaining work books in the Russian Federation Storing and filling out work books

The procedure for maintaining work books. Basic rules for maintaining work books in the Russian Federation Storing and filling out work books

(10 spreads)

N records				Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)
N records

Information about the award

Series and number

(10 spreads)

N records	Information about awards (promotions)	Name, date and number of the document on the basis of which the entry was made
N records	Information about awards (promotions)

_____________________________

* The series and number are indicated on one of the four pages of each unfolded sheet of the work book.

Approved
Government resolution
Russian Federation
dated April 16, 2003 N 225

Form of insert in work book

Insert in the work book
(not valid without a work book)

Coat of arms
Russian Federation

Last name ________________________________________________________________ First name _____________________________________________________________________ Patronymic _______________________________________________________________ Date of birth _______________________________________________________________ (day, month, year) Education ____________________________________________________________ Profession, specialty ________________________________________________________________ _________________________________________________________________________ Date of completion _______________________________________________________________ (day, month, year) Signature of the owner of the book _________________________________________________ M.P. Signature of the person responsible for maintaining work records _________________________________________ (readable)

The insert in the work book is made according to the approved form of the work book. Insert volume: “Information about work” - 9 spreads, “Information about awards” - 8 spreads.

Rules
maintaining and storing work books, producing work book forms and providing them to employers
(approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225)

With changes and additions from:

I. General provisions

1. These Rules establish the procedure for maintaining and storing work books, as well as the procedure for producing work book forms and providing employers with them.

2. The work book is the main document about the employee’s work activity and length of service.

3. The employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, if the work for this employer is the main one for the employee.

An employer - an individual who is an individual entrepreneur - is obliged to keep work books for each employee in the manner established by the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation.

An employer - an individual who is not an individual entrepreneur - does not have the right to make entries in the work books of employees and draw up work books for employees hired for the first time.

4. The work book contains information about the employee, the work he performs, transfer to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about rewards for success in work.

5. Information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.

6. Work books are kept in the state language of the Russian Federation, and on the territory of a republic within the Russian Federation that has established its own state language, registration of work books can, along with the state language of the Russian Federation, be carried out in the state language of this republic.

7. The employer is obliged, upon a written application from the employee, no later than three working days from the date of its submission, to give the employee a copy of the work book or an extract from the work book certified in the prescribed manner.

II. Maintaining work records

8. The registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of hiring.

9. When registering the work book, the following information about the employee is entered:

a) last name, first name, patronymic, date of birth (day, month, year) - on the basis of a passport or other identity document;

b) education, profession, specialty - on the basis of documents on education, qualifications or the presence of special knowledge (when applying for a job that requires special knowledge or special training).

10. All entries about the work performed, transfer to another permanent job, qualifications, dismissal, as well as awards made by the employer, are entered into the work book on the basis of the relevant order (instruction) of the employer no later than a week, and in case of dismissal - on the day of dismissal and must correspond exactly to the text of the order (instruction).

11. All entries in the work book are made without any abbreviations and have their own serial number within the appropriate section.

12. The employer is obliged to familiarize the owner with each entry made in the work book about work performed, transfer to another permanent job and dismissal, against signature in his personal card, which repeats the entry made in the work book.

The form of the personal card is approved by the Federal State Statistics Service.

14. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code

15. Upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (except for cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the will of the parties (clauses 4 and this article), a record of dismissal is made in the work book (termination of an employment contract) with reference to the relevant paragraph of part one of this article.

16. When terminating an employment contract at the initiative of the employer, an entry about dismissal (termination of the employment contract) is made in the work book with reference to the relevant paragraph of Article 81

17. When an employment contract is terminated due to circumstances beyond the control of the parties, an entry is made in the work book about the grounds for termination of the employment contract with reference to the relevant paragraph of Article 83 of the Labor Code of the Russian Federation.

18. When terminating an employment contract on other grounds provided for by the Labor Code of the Russian Federation or other federal laws, an entry about dismissal (termination of the employment contract) is made in the work book with reference to the relevant article, paragraph of the Labor Code of the Russian Federation or other federal law.

19. Upon termination of an employment contract with an employee who, in accordance with a court verdict, has been deprived of the right to hold certain positions or engage in certain activities and has not served his sentence, an entry is made in the work book about on what basis, for what period and what position he was deprived of. the right to occupy (what activities one is deprived of the right to engage in).

20. Information about part-time work (about dismissal from this job), at the request of the employee, is entered at the place of main work in the work book on the basis of a document confirming part-time work.

21. The following entry is also made in the work book at the place of work, indicating the relevant documents:

a) on the time of military service in accordance with the Federal Law "On Military Duty and Military Service", as well as on the time of service in internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and the authorities of the penal system, tax police authorities, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities;

22. Relevant entries made in the work book of persons released from work (position) in connection with an illegal conviction or removed from office in connection with illegal prosecution, established respectively by an acquittal or a resolution (ruling) on the termination of a criminal case in absence the events of the crime, due to the absence of corpus delicti in the act or the lack of proof of their participation in the commission of the crime, are recognized as invalid. The employer, upon a written application from the employee, issues him a duplicate work book without the entry declared invalid. A duplicate of the work book is issued to the specified persons in the manner established by these Rules.

In the work books of persons who have served correctional labor without imprisonment, an entry is made at the place of work stating that the time worked during this period is not counted towards continuous work experience. This entry is made in the work books at the end of the actual term of serving the sentence, which is established according to certificates from the internal affairs bodies.

When a convicted person is dismissed from work in the prescribed manner and he is accepted into a new place of work, the corresponding entries are made in the work book in the organization to which he was hired or sent.

23. When continuous work experience is restored in accordance with the established procedure, an entry on the restoration of continuous work experience is made in the employee’s work book at the last place of work indicating the corresponding document.

24. The following information about awards (incentives) for labor merits is entered into the work book:

a) on the awarding of state awards, including the conferment of state honorary titles, on the basis of relevant decrees and other decisions;

b) on awarding certificates of honor, conferring titles and awarding badges, badges, diplomas, certificates of honor by employers;

c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations, charters and regulations on discipline.

25. Entries on bonuses provided for by the remuneration system or paid on a regular basis are not entered into work books.

III. Making changes and corrections to the work book.
Duplicate work book

26. Changes in records about the last name, first name, patronymic and date of birth, as well as about the education, profession and specialty of the employee are made by the employer at the last place of work on the basis of a passport, birth certificate, marriage, divorce, change of last name, first name, patronymic and other documents.

27. If an incorrect or inaccurate entry in the work book is identified, it is corrected at the place of work where the corresponding entry was made, or by the employer at the new place of work on the basis of an official document of the employer who made the error. In this case, the employer is obliged to provide the employee with the necessary assistance when applying.

28. If an organization that made an incorrect or inaccurate entry is reorganized, the correction is made by its legal successor, and in the event of liquidation of the organization - by the employer at the new place of work on the basis of the relevant document.

If an incorrect or inaccurate entry in the work book was made by the employer - an individual who is an individual entrepreneur, and his activities are terminated in the prescribed manner, the correction is made by the employer at the new place of work on the basis of the relevant document.

29. Corrected information must fully comply with the document on the basis of which it was corrected. In the event of the loss of such a document or its discrepancy with the work actually performed, correction of information about the work is carried out on the basis of other documents confirming the performance of work not indicated in the work book.

Witness testimony cannot serve as a basis for correcting previously made entries, with the exception of entries in respect of which there is a court decision, as well as the cases provided for in paragraph 34 of these Rules.

30. In sections of the work book containing information about work or information about awards, crossing out inaccurate or incorrect entries is not allowed.

Changing entries is made by invalidating them and making correct entries.

The same procedure is used to change the record of an employee’s dismissal (transfer to another permanent job) if the dismissal (transfer) is declared illegal.

31. A person who has lost his work book must immediately notify the employer at his last place of work. The employer issues a duplicate work book to the employee no later than 15 days from the date the employee submits the application.

32. When preparing a duplicate work book, carried out in accordance with these Rules, the following are entered into it:

a) information about the employee’s total and (or) continuous work experience before joining this employer, confirmed by relevant documents;

b) information about work and rewards (incentives) that were entered into the work book at the last place of work.

The total length of service is recorded in total, that is, the total number of years, months, days of work is indicated without specifying the employer, periods of work and positions of the employee.

If the documents on the basis of which entries were made in the work book do not contain complete information about work in the past, only the information available in these documents is entered into the duplicate work book.

33. If there is an entry in the work book about dismissal or transfer to another job that has been declared invalid, the employee, upon his written application, is issued a duplicate work book at his last place of work, into which all entries made in the work book are transferred, with the exception of the entry declared invalid.

The work book is drawn up in the prescribed manner and returned to its owner.

A duplicate of the work book is issued in the same manner if the work book (insert) has become unusable (burnt, torn, stained, etc.).

34. In the event of a massive loss by an employer of the work records of employees as a result of emergency situations (ecological and man-made disasters, natural disasters, mass riots and other emergency circumstances), the length of service of these employees is established by the length of service commission created by the executive authorities of the constituent entities of the Russian Federation. The composition of such a commission includes representatives of employers, trade unions or other representative bodies authorized by employees, as well as other interested organizations.

Establishment of the fact of work, information about the profession (position) and periods of work for a given employer is carried out by the commission on the basis of documents available to the employee (certificate, union card, trade union member registration card, pay book, etc.), and in the event of their absence - based on the testimony of two or more witnesses who know the employee through joint activities with him or her at the same employer or in the same system.

If the employee had already worked for this employer before joining, the commission takes measures to obtain documents confirming this fact.

Based on the results of the commission’s work, a report is drawn up, which indicates the periods of work, profession (position) and length of service of the employee.

The employer, based on the commission’s act, issues the employee a duplicate work book.

If the documents have not been preserved, work experience, including that established on the basis of witness testimony, can be confirmed in court.

IV. Issuance of a work book upon dismissal
(termination of employment contract)

35. When dismissing an employee (terminating an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself (except for the cases specified in paragraph 36 of these Rules).

If the work book was filled out in the state language of the Russian Federation and in the state language of the republic within the Russian Federation, both texts are certified.

The employer is obliged to issue the employee on the day of dismissal (the last day of work) his work book with a record of dismissal included in it.

If there is a delay in issuing a work book to an employee due to the fault of the employer, or if the reason for the employee’s dismissal is entered into the work book incorrectly or does not comply with federal law, the employer is obliged to compensate the employee for the earnings he did not receive during the entire delay. In this case, the day of dismissal (termination of the employment contract) is considered the day the work book is issued. On the new day of dismissal of the employee (termination of the employment contract), an order (instruction) of the employer is issued, and an entry is made in the work book. A previously made entry about the day of dismissal is invalid in the manner prescribed by these Rules.

36. If on the day of dismissal of an employee (termination of an employment contract) it is impossible to issue a work book due to the employee’s absence or his refusal to receive the work book in hand, the employer sends the employee a notice of the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address specified by the employee is permitted only with his consent.

From the date of sending this notification, the employer is released from liability for the delay in issuing a work book to the employee.

37. In the event of the death of an employee, the work book, after making an appropriate entry in it about the termination of the employment contract, is handed over to one of his relatives against signature or sent by mail upon the written application of one of the relatives.

b) a book for recording the movement of work books and inserts in them.

The forms of these books are approved by the Ministry of Labor and Social Protection of the Russian Federation.

41. In the receipt and expenditure book for accounting of work book forms and the insert in it, which is maintained by the accounting department of the organization, information is entered on all operations related to the receipt and expenditure of work book forms and the insert in it, indicating the series and number of each form.

In the book of accounting for the movement of work books and inserts in them, which is maintained by the personnel service or other division of the organization that processes the hiring and dismissal of workers, all work books accepted from employees upon joining are registered, as well as work books and inserts in them, indicating the series and numbers issued to employees again.

Upon receipt of a work book in connection with dismissal, the employee signs on the personal card and in the book for recording the movement of work books and inserts in them.

The receipt and expenditure book for recording the forms of the work book and the inserts in it and the book for recording the movement of work books and inserts in them must be numbered, laced, certified by the signature of the head of the organization, and also sealed with a wax seal or sealed.

42. Forms of the work book and its insert are stored in the organization as documents of strict accountability and are issued to the person responsible for maintaining work books at his request.

At the end of each month, the person responsible for maintaining work books is obliged to submit to the organization’s accounting department a report on the availability of work book forms and the inserts in them and on the amounts received for issued work books and inserts in them, with the attachment of the receipt order of the organization’s cash desk. Work book forms and the insert in it that are damaged when filling out are subject to destruction and the corresponding act is drawn up.

43. Work books and duplicates of work books not received by employees upon dismissal or in the event of the death of an employee by his immediate relatives are stored until required by the employer (in an organization or by an individual who is an individual entrepreneur) in accordance with the requirements for their storage established by law Russian Federation on archival matters.

44. The employer is obliged to constantly have in stock the required number of work book forms and inserts into it.

VII. Responsibility for compliance with the procedure for maintaining work books

45. Responsibility for organizing the work of maintaining, storing, recording and issuing work books and inserts in them rests with the employer.

Responsibility for maintaining, storing, recording and issuing work books lies with a specially authorized person appointed by order (instruction) of the employer.

For violation of the procedure for maintaining, recording, storing and issuing work books established by these Rules, officials bear responsibility established by the legislation of the Russian Federation.

VIII. Production of work book forms and provision of them to employers

46. The production of work book forms and the insert in it and the provision of them to employers on a paid basis are carried out in the manner approved by the Ministry of Finance of the Russian Federation.

The forms of the work book and its insert have the appropriate degree of protection.

47. When issuing a work book or an insert to it to an employee, the employer charges him a fee, the amount of which is determined by the amount of expenses for their acquisition, except for the cases provided for in paragraphs 34 and these Rules.

48. If the initial filling of the work book or the insert in it is incorrect, as well as if they are damaged through no fault of the employee, the cost of the damaged form is paid by the employer.

You can use these materials in your work. They will certainly serve you well. However, reprinting materials from this book on other sites without the consent of the authors is prohibited. Please be understanding. You can leave links to pages in this section on the Internet.

Select andsection you are interested in:

Legal regulation of issues of maintaining, recording, storing and issuing work books and inserts in them

A sample of filling out the title page of a work book for the “old” diploma in previous years
Sample of filling out the title page of a work book based on a “new” diploma in accordance with the latest legal requirements (fragment)
Chapter 4. Filling out job information
4.1. Hiring Records
4.2. Service Time Records (available in the ICS help database and in
Rules for recording service time records

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Let's consider the basic rules for preparing and maintaining work books: general rules and procedures for filling out records of work, dismissal, and awards.

All documents on employee experience must be filled out according to certain rules. The work book is of particular importance for the employee, because it reflects his professional path; in fact, it is an official biography, because there are notes about all stages of the citizen’s activity. The rules for maintaining labor books in the Russian Federation in 2019 (that is, currently in force) are contained in the approved Government Resolution in 2003.

Why does it exist?

The main function is quite obvious; in the Russian Federation, the work book serves as the main evidence of the length of service (both labor and insurance) of a citizen, without which it is impossible to register a pension and accrual of social insurance benefits. This document is also required:

to reflect data on all changes in the employee’s activities, transfers and positions held;
to record information about the reasons for dismissal from work;
to record awards.

This is very important information, which can subsequently be reflected only in a single copy (during the liquidation of an enterprise, for example). Therefore, the employer must ensure that the document form is filled out correctly and responsibly by qualified employees. More on this later.

Rules for maintaining and registration, who prepares

The basic rules for filling out and registration are contained in instructions for maintaining work books; So far, 2019 is not expected to lead to major changes in the legal procedure. Various printing organizations are engaged in production, the form is called a “work book”. All entries are made only by the employer.

General rules

Requirements
Number in order	Must have for every post
Dates	Arabic numerals in the form xx.xx.xxxx (day, month, year)
Ink color	Black, purple or blue, ballpoint, gel and fountain pens can be used
Abbreviations	Not used, all entries must be neat and readable
Language	Russian or other official language (in the republics of the Russian Federation)
Strict compliance of the recording with the order	Entries on hiring, dismissal, transfer or change of position, place of work, changes in qualifications, rewarding of an employee are made in strict accordance with the order; the number and date of the order must be indicated
Deadlines for depositing	For an employee who works for more than 5 days, it is mandatory to have a work book. If it is the employee’s first, the employer must ensure that the document is completed no later than 7 days after the employee starts working at the enterprise
Employee familiarization and assurance	All records must be familiarized to the employee against signature on a personal card, where the records are duplicated
Error correction	Crossing out or other correction is not allowed (depending on the section); instead, an additional entry is made indicating which information is considered invalid, after which the correct information is entered

Title page: filling rules

The maintenance of work books and entries in them are thus made according to strictly established rules, which also apply to the design of the title page. It is filled out by the first employer, and the correctness of the information entered is certified by the employee’s signature.

Information indicated on the title page:

last name, first name and patronymic in full accordance with the passport of a citizen of the Russian Federation. If the surname changes during work, a correction is made, and the old surname is crossed out;
Date of Birth;
education data is entered on the basis of the education document provided by the employee. If a citizen receives additional education, information about him is entered without any corrections to old data;
specialty is indicated in the nominative case;
Date of completion;
signature of the person responsible for filling out with a transcript, signature of the owner.

Maintaining a work section

Algorithm of actions, general rules:

first of all, in the third column the name of the organization is indicated - both full and abbreviated, or the stamp of the enterprise is affixed;
then below in the first column the serial number of the record is entered, in the second - the date of reception of the employee;
in the third column it is recorded that the citizen has been accepted into the department or division for the corresponding position;
The fourth column must indicate the date of recording the information and the order data.

When transferring to another organization, information about dismissal is first entered, then about admission to another company. When transferring within an enterprise, information about the transfer is simply recorded with the data listed according to the above algorithm; only the third column will contain information about the transfer to a new position (permanent transfer).

When registering a dismissal, special attention should be paid to filling out the third column. It must be filled out in accordance with Labor Code of the Russian Federation and have a link to the corresponding article of the Labor Code of the Russian Federation. When registering a dismissal, all previously made records are certified by the person responsible at the enterprise, the organization’s seal is affixed, and the dismissed employee also gets acquainted with the records, which must also be certified by his signature with a transcript.

Maintaining the awards section

Information is entered according to an established algorithm in the designated place. The section is maintained according to general rules. First, the full and abbreviated name of the company is written, below in the first column is the entry number, in the third column it is deciphered for what the citizen is awarded and what the reward is. An indication of the award order is also required.

How and where should they be stored?

The rules for maintaining and storing work books are established by the legislator; the employer’s task is not limited to filling it out correctly; ensuring the safety of this important document is also extremely important.

It has been established that work books must be stored in a specially designated, safe place. Usually a tray or box in an iron cabinet or safe is selected for this. It is imperative that a book is drawn up to record the movement of work books and their inserts, and a personnel department employee responsible for its maintenance is appointed.

Copy: issuance rules

A copy of the work record book is required for submission to the authorized bodies in order to confirm the length of service. A properly certified copy is a document indicating the citizen’s employment.

How to obtain and certify a copy:

first, copies are made of all pages of the document containing records;
copies are certified by an authorized employee of the organization;
the copy is signed by the head of the personnel department, for internal documents it is written “correctly”, the date of completion is indicated, the sheets are endorsed by the person in charge, and an indication of his position and a seal or stamp is required;
On copies for other organizations, it is necessary to indicate the storage location of the original.

Duplicate: filling rules

A duplicate is a document that has the same validity as the lost original. In fact, this is a re-issued work book. It is issued in accordance with the rules for maintaining and registering work books. A citizen writes a statement about the loss of a document from his last place of work and asks for a duplicate. Filled out according to general rules.

If a citizen has already worked in another organization, then in the duplicate, in column three, data on the length of service prior to joining this organization is indicated. They are presented in general form; length of service is calculated without indicating the position and company, if it is confirmed by relevant documents. Then the length of service is deciphered on the basis of written evidence of the activities carried out, indicating the name of the employing organization, dates of hiring, dismissal, transfer, names of position and department, qualifications and profession, specialty, while the documents provided are indicated in the fourth column.

If there is data on a transfer within the organization, this is also recorded. Then the date of dismissal is indicated in the second column, and the reason in the third. If the forms submitted by the employee do not contain all the required data, only those that are available are entered. HR department specialists must make copies of certificates and return the originals to the citizen. The employer, whenever possible, assists in obtaining proof of length of service.

Liner

The insert is also prepared according to the specified instructions on maintaining and compiling work books. It is filled out when there is no space left in the main form (it must be taken into account that maintaining information about work in the section intended for maintaining information about awards is not allowed). It has the same legal force as the main document, but is invalid without the main form. A note on the design of the insert must be contained in the main document. The insert is sewn into the work book.

When issued upon dismissal

Records of dismissal are made on the last working day, and on the same day a document on the length of service must be handed over to the person, filled out in accordance with all established rules for its execution and maintenance. If the citizen does not appear for it, it is necessary to send him a notification about where and when it can be subsequently received. A citizen can agree to have it sent by mail to a specific address. The work book is kept for 75 years.

a) last name, first name, patronymic, date of birth (day, month, year) - on the basis of a passport or other identity document;

11. All entries in the work book are made without any abbreviations and have their own serial number within the appropriate section.

(see text in the previous edition)

13. The work book is filled out in the manner approved by the Ministry of Labor and Social Protection of the Russian Federation.

(see text in the previous edition)

14. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code

15. Upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (except for cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the will of the parties (clauses 4 and this article)), an entry is made in the work book about dismissal (termination of employment contract) with reference to the relevant paragraph of part one of this article.

(see text in the previous edition)

21. The following entry is also made in the work book at the place of work, indicating the relevant documents:

A) on the time of military service in accordance with the Federal Law "On Military Duty and Military Service", as well as on the time of service in internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and the authorities of the penal system, tax police authorities, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities;

(see text in the previous edition)

"Trade Expert", 2008, N 2

The article explains the rules for maintaining work records, taking into account the latest changes in legislation.

A work book is the main document confirming the employee’s work activity and length of service.

Legal requirements

Employers - legal entities and individual entrepreneurs are required to keep work books for each employee who has worked for him for more than five days, if the work for this employer is the main one for the employee.

The work book contains information about the employee, about hiring, the work he performs, transfers to another job, about dismissals of the employee, indicating the grounds for termination of the employment contract, as well as information about incentives and awards for success in work.

Reference. The forms, procedure for maintaining and storing work records, as well as the procedure for producing work record forms and providing employers with them are established by the Government of the Russian Federation.

Issues of maintaining work books are regulated:

Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), in particular, in Art. Art. 65, 66, 84.1, 309 Labor Code of the Russian Federation;
Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (as amended on March 1, 2008 N 132);
Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69.

Let's consider a number of complex issues of maintaining work records.

Reason for making entries

According to Art. Art. 68 and 84.1 of the Labor Code of the Russian Federation, hiring (on the basis of a concluded employment contract), transfer to another job, termination of an employment contract (dismissal of an employee), as well as his awards and incentives are necessarily formalized by orders (instructions) of the employer. Only these orders (instructions) are the basis for making appropriate entries in the employee’s work book. In this case, for each entry in the work book, a link to the number and date of the order (instruction) must be given. These entries are made in the work book no later than a week, and in case of dismissal - on the day of dismissal and must correspond to the text of the order (instruction).

It should be especially emphasized that such orders, as documents on personnel, are considered legal acts confirming the very fact of the work of a particular employee in a given organization, his qualifications, positions occupied in the process of work, as well as the grounds for his dismissal.

The specified administrative documents for personnel must be stored for at least 25 years. They must be registered in special journals, which are also stored for at least 25 years. The administrative documents themselves for personnel are included, as a rule, in a separate file of orders for personnel.

Making entries

Clause 11 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules for maintaining and storing work books...), it is stipulated that all entries in the work book must be made without any reductions. For example, it is not allowed to write: "pr." instead of "order"; "spread" instead of "order"; "per." instead of "translated" etc.

The name of the organization must be indicated in accordance with the constituent documents. For example, in paragraph 1 of Art. 4 of the Federal Law of 02/08/1998 N 14-FZ "On Limited Liability Companies" stipulates that a limited liability company must have a full and has the right to have an abbreviated company name: "...The full company name of the company in Russian must contain the full name company and the words "limited liability". The abbreviated corporate name of the company in Russian must contain the full or abbreviated name of the company and the words "limited liability" or the abbreviation LLC...".

If the abbreviated name is fixed in the constituent documents, then it must be indicated in the work book in column 3 of the section “Information about work” along with the full name of the organization. But it is not allowed to indicate only the abbreviated name of the organization in the work book. The same procedure is provided for a joint stock company.

Registration of a new work book previously lost by the employee

If an employee goes to work and declares that he does not have a work book due to its loss, damage or other reason, then according to Part 5 of Art. 65 of the Labor Code of the Russian Federation, the employer is obliged, upon a written application from this person (indicating the reason for the absence of a work book), to issue a new work book. It should be noted that this statement by the employee allows the employer to defend himself against accusations of illegally issuing a second work book for the employee.

Mandatory familiarization of employees with administrative documents on personnel against signature

The Labor Code of the Russian Federation directly provides for the mandatory familiarization of the employee with the administrative acts of the organization against signature. Let's list them:

Employment contract.

The employee’s signature on receipt of the second copy of the employment contract is made on the first copy of the employment contract remaining with the employer (Part 1 of Article 67 of the Labor Code of the Russian Federation).

Order (instruction) on hiring.

It is announced to the employee against signature within three days from the date of actual start of work. At the same time, against signature, familiarization with the internal labor regulations and other local (internal) acts related to the employee’s labor activity is made (parts 2 and 3 of Article 68 of the Labor Code of the Russian Federation).

Order (instruction) on termination of the employment contract (dismissal) (Part 2 of Article 84.1 of the Labor Code of the Russian Federation).

Note! The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

Employer documents establishing the procedure for processing the employee’s personal data, his rights and obligations (clause 8 of Article 86 of the Labor Code of the Russian Federation).
Shift schedules are brought to the attention of employees no later than one month before they come into force (Part 4 of Article 103 of the Labor Code of the Russian Federation).
An order to impose a disciplinary sanction on an employee.

Announced to the employee against signature within 3 working days from the date of its publication, not counting the time the employee is absent from work (Part 6 of Article 193 of the Labor Code of the Russian Federation). If the employee refuses to familiarize himself with the specified order against signature, then a corresponding act is drawn up.

Registration for work in a structural unit of the organization

Many questions arise when registering employees in a separate structural unit of the organization. In this case, who should sign orders for the hiring and dismissal of employees in a separate structural unit of the organization - the head of the organization or the head of the structural unit of this organization?

A separate structural unit, even located in a different location than the organization itself, is not an independent legal entity. Therefore, the authority of the head of this separate structural unit must be confirmed:

firstly, the regulations on this unit, approved by the head of the organization itself;
secondly, a power of attorney from the head of the organization, which defines the powers of the head of a separate structural unit. The power of attorney issued to the head of a separate structural unit (especially if it is located in another location) must provide for his rights to hire and fire employees of this unit

Record of a fixed-term employment contract with an employee

The instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69, do not provide for entering into the work book a record of employment under a fixed-term employment contract, since according to the Labor Code of the Russian Federation, a fixed-term employment contract can in some cases be converted into an agreement concluded for an indefinite period. For example, art. 58 of the Labor Code of the Russian Federation provides that “in the event that neither party has demanded termination of a fixed-term employment contract due to the expiration of its validity period and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered imprisoned for an indefinite period."

Therefore, in accordance with clause 3.1 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69, when hiring (both for a definite and indefinite period), in column 3 of the employee’s work book, an entry is made about his acceptance to the organization. And if the employment contract indicates the acceptance of an employee into a specific structural unit, then this unit and the name of the job (position), specialty, profession with an indication of qualifications are indicated.

If an employee quits at the end of a fixed-term employment contract, then the entry “Dismissed due to the expiration of the employment contract, clause 2, part 1, article 77 of the Labor Code of the Russian Federation” is made in the work book.

Employee education record

On the title (first) page of the work book, in accordance with clause 2.4 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia of October 10, 2003 N 69, information about education is indicated. They also reflect information about the employee’s increase in educational level during his or her work (for example, graduation from a higher educational institution in a new specialty).

Information about the new education, profession, and specialty received is reflected there, on the title page, without crossing out previously made entries. The basis for such a new entry will be the receipt of a document (diploma) of education, and it is not necessary to indicate the details of such a document, since this is not provided for by the above Instructions. But if such a link is made, then it will not be an error.

Record of part-time work

According to Art. 282 of the Labor Code of the Russian Federation, an employee has the right to perform other regularly paid work (part-time work) in his free time from his main job, concluding a second employment contract at another job and issuing an order for part-time work there.

Reference. Issues regarding the regulation of part-time work are provided for in Art. Art. 282 - 288 ch. 44 Labor Code of the Russian Federation.

Part-time work can be performed by an employee both at the place of his main job (internal part-time work) and with other employers (external part-time work), and consent to external part-time work at the place of main work is not required.

In accordance with clause 20 of the Rules for maintaining and storing work books, information about part-time work (both internal and external) is entered into the work book only at the request of the employee.

An entry for employment on an internal part-time basis (in fact, for a second job in the organization) is made as follows:

Column 1 contains the serial number of the entry;
Column 2 indicates the date of admission to part-time work;
in column 3, an entry is made about hiring part-time work, indicating the type of work;
Column 4 provides a link to the organization’s order for part-time employment.

At the request of the employee, an entry in the work book about external part-time work is made at the place of the main job (where the work book should be kept) on the basis of a document provided by the employee confirming the part-time work. Moreover, as a rule, the date of entering information about part-time work does not coincide with the start date of work in another organization.

An entry for external part-time employment is made as follows:

Column 1 contains a serial number;
Column 2 indicates the date the entry was made;
in column 3, a record of employment is entered indicating the start date of work, the full and abbreviated name of the organization where the part-time worker was hired, and the type of work;
in column 4, a reference is made to the document of the organization where the employee works part-time, confirming acceptance for this job.

By analogy, an entry is made into the work book of an employee at his main job about his dismissal from a part-time job.

There are cases when an employee’s part-time job becomes his main job. To do this, the employee quits his main job and receives a work book with a record of dismissal either at his own request, or by agreement of the parties, or by transfer (by agreement of the parties).

Next, the employee should write to the organization where he worked part-time, an application to transfer him to work as a main employee. In the organization where he worked part-time, an order is issued that this work of his is considered the main one from the date following the day of dismissal from his previous place of work. A new employment contract is concluded with the employee.

If for the old main job an entry was made in the work book about part-time work, then for this previous job, after the dismissal from this job is recorded, an entry is also made that the part-time job becomes the main one. In this case, reference should be made to the order of the organization in which the employee was considered a new employee. If these entries were not made, then in this case a regular entry about hiring is made in the work book, which has become the main entry for the employee.

If the employee remains working at his previous job, but for him it already becomes a part-time job, then he writes an application to transfer him from a permanent job to a part-time job. Based on this, an order is issued to transfer to part-time work.

Registration of dismissal for absenteeism of an employee

Dismissal for absenteeism is a disciplinary sanction (Article 192 of the Labor Code of the Russian Federation) and requires compliance with the procedure for applying such a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation). Termination of the employment contract in this case is possible no later than one month from the date of discovery of the misconduct and no later than six months from the date of its commission.

Absenteeism is absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift).

Therefore, if an employee has not started work after a long absence from work without good reason, then a notification letter or telegram should be sent to his place of residence with an offer to provide an explanation for the fact of absenteeism with a warning that if the reason for absence from work is not explained, he will be fired for absenteeism. You should also specify the time limit for giving an explanation (for example, 2 - 3 days) after receiving the letter or telegram.

Then two acts are drawn up: one recording the fact of absenteeism, and the second stating that the employee did not provide an explanation. The day of dismissal of the employee on the basis of paragraphs. "a" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation will be the last day of his work, that is, the day preceding the first day of absenteeism.

It should be borne in mind that, according to Art. 84.1 of the Labor Code of the Russian Federation, the employer is not responsible for the delay in issuing a work book if the last day of work does not coincide with the day of registration of termination of the employment relationship when dismissing an employee for absenteeism on the basis of paragraphs. "a" clause 6, part 1, art. 81 Labor Code of the Russian Federation. At the same time, upon a written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Correcting an error in a work book made by an individual entrepreneur

In accordance with the Rules for maintaining and storing work books, an employer who is an individual entrepreneur is obliged to keep work books for each employee in the manner established by the Labor Code of the Russian Federation and other legal acts of the Russian Federation. A work book is kept for each employee who has worked for him for more than five days, if the work is his main one.

Reference. Individual entrepreneurs received the right to keep work books of employees with the entry into force of Federal Law No. 90-FZ of June 30, 2006.

The specified document also stipulates that if at a new job in the employee’s work book there are errors (incorrect or inaccurate entries in it) made by the previous employer - an organization or an individual entrepreneur, then the correction is made by the employer at the new place of work on the basis of the relevant document.

In cases where an employee worked for an individual entrepreneur who, at the time of discovery of an erroneous entry in the work book, ceased his activities, which is confirmed by a document on the exclusion of the entrepreneur from the state register, then the error is also corrected by the employer at the new place of work.

Registration of a work book for a foreign worker

If the place of work is the main one for a foreigner who has a temporary residence permit, then the employer (organization, individual entrepreneur) is obliged to create a work book for him if he has worked for more than five days. This is done if the foreigner has not previously worked in a Russian organization. But if he already has a Russian-style work book, obtained earlier at another job, then a new book will not be created.

When issuing a new work book, a foreign worker must receive an appropriate fee for it, including the cost of purchasing the work book, and in case of refusal, the employer has the right to withhold its cost from the employee’s salary.

Delay in issuing a work book to a dismissed employee

According to Art. Art. 84.1 and 140 of the Labor Code of the Russian Federation, on the day of termination of the employment contract (dismissal of the employee), the employer - organization or individual entrepreneur is obliged to issue the employee a work book and settle wages with him. Moreover, the day of termination of work is the last day of work of the employee, with the exception of cases when the employee did not actually work, but according to the law, he retained his place of work (position).

A delay in issuing a work book to an employee, or the entry into the work book of an incorrect or non-compliant formulation of the reasons for dismissal entails, in accordance with Art. 234 of the Labor Code of the Russian Federation not only the return of the work book to the employee (with correction of the entry in it), but also payment for the time of forced absence for the entire period of delay in issuing the work book.

The employer does not bear such responsibility for the delay of the work book in the following cases:

if the last day of work does not correspond to the day of registration (termination) of the employment relationship when an employee is dismissed for absenteeism (clause “a”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation) or when an employee is dismissed, sentenced by a court to a punishment that precludes continuation of work ( clause 4, part 1, article 83 of the Labor Code of the Russian Federation);
upon dismissal of a woman whose employment contract was extended until the end of her pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation);
when it is impossible to issue a work book to an employee due to his absence or his refusal to receive it. In this case, the employer is obliged to send the employee a notice (on the day of dismissal) about the need to appear for a work book or agree to send it by mail. But if the delay in issuing a work book is due to other reasons, then the employee bears financial responsibility.

Entering information about work in the "Incentives" section

Each section of the work book is intended for making different entries. However, this order is often violated.

Due to the lack of blank work book inserts, quite often personnel services use the sections of the book “Information about awards” and “Information about incentives” to make entries about work. In this case, such entries can be left unchanged, and the employee can be given a certificate about the periods of work in the organization, confirming the entries made in the specified sections. But further entries should be made in the insert to the work book.

Absence of the organization's seal on the title page of the work book

A work book without the seal of the organization that issued it may be declared invalid. Therefore, an employee who has such a work book is considered to have no work book at all. The employee should be advised to contact the organization that issued the work book without a stamp so that a seal can be affixed.

However, if the organization that issued such a work book is liquidated and there is no legal successor, then in accordance with Part 5 of Art. 65 of the Labor Code of the Russian Federation “if a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.”

In this case, the employee should collect certificates from previous places of work to confirm work experience. Information about work based on the collected certificates is not entered into the new work book. This also applies to cases where the work book was issued by an individual entrepreneur who has ceased his activities.

In this situation, a duplicate work book is not issued, since, based on the Rules for maintaining and storing work books, duplicate work books are issued if the work book is lost or an entry is made in the work book that is subsequently declared invalid, as well as if the work book arrived in unusable (burnt, dirty, etc.).

Records when an employee is reinstated at work by court decision

According to Art. 396 of the Labor Code of the Russian Federation, in case of a court decision on the illegal dismissal of an employee, he should be immediately reinstated at work before the court decision enters into legal force.

Note! If there is a delay in restoration, the court may rule on payment to the employee of average earnings for the entire time of delay in execution of the decision.

An employee is considered reinstated if, firstly, an order (instruction) is issued to cancel the previous dismissal order, which was declared illegal by the court, and, secondly, the employee is actually allowed to perform his previous job duties.

In the work book of such an employee, an entry is first made to recognize the previous dismissal entry as invalid, and then a new entry is made to reinstate the employee to his previous job.

If another employee is hired to replace a previously dismissed employee, the latter is offered any other job by way of transfer. Moreover, the translation is executed with his written consent. But if there are no vacancies or the employee refuses the transfer, then he is fired in connection with the reinstatement of the employee who previously performed this work, by court decision (Clause 2, Part 1, Article 83 of the Labor Code of the Russian Federation). Upon dismissal on this basis, the employee is paid severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation).

Reflection in the work book of changes in the name of the organization

A separate entry is made about changing the name of the organization in column 3 of the “Information about work” section of the work book. Namely: indicate the previous name of the organization, the date of its renaming and the new name.

In column 4, enter the basis for the renaming - order, instruction with the corresponding date and number.

S.R.Matveeva

Director

training and certification center "Poisk"