home Business blog Employment books will be canceled in a year. Cancellation of the work book

Employment books will be canceled in a year. Cancellation of the work book

The President of Russia signed Federal Law No. 348-FZ dated July 3, 2016 “On Amendments to Labor Code Russian Federation in terms of the peculiarities of labor regulation of persons working for employers - small businesses that

They talk about the abolition of work books, if not annually, then with enviable regularity. So, in the spring of this year, the Government of the Russian Federation submitted a bill to the State Duma for consideration, which was supposed to abolish this personnel document for micro-enterprises (micro-enterprises, as you know, are considered organizations where no more than 15 people work in the state). The initiators considered that work books- an anachronism and it's time to phase them out. However, the supreme legislature state power I did not agree with this opinion, and it was decided to keep the work books.

Whatever innovations are introduced into modern legislation, the salary and personnel program from Buchsoft will allow you to quickly and successfully adapt to all changes painlessly for doing business.

This summer, the President of Russia signed Federal Law No. 348-FZ dated July 3, 2016 “On Amendments to the Labor Code of the Russian Federation with regard to the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises”.

Innovations for microenterprises

The federal law approved a new chapter 48.1 of the Labor Code of the Russian Federation, or rather, small chapters, which include two articles - 309.1 and 309.2. It would seem that there are not so many changes, but they have greatly simplified the requirements for personnel records management at micro-enterprises.

So, their specialists will conduct a much smaller number personnel documents However, the employment contracts they conclude with employees should be more meaningful and more complex, as well as have a unified form.

It is important to note that the Government of the Russian Federation has already approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858 (The document begins to be valid on January 1, 2017) a standard form of employment contracts for micro-enterprises that want to use the right given to them on the basis of Art. 309.2 ch. 48.1 of the Labor Code of the Russian Federation.

A few words about the approved standard form of an employment contract

The standard form of an employment contract, according to the Government of the Russian Federation, must include several filling options mandatory conditions and provisions. This option will create the possibility of flexible regulation of labor relations at a particular micro-enterprise, where there is a specific activity. Moreover, with a standard document, the employer will be able to take into account all the important nuances and features that are associated with the performance of the duties of specific employees in individually.

So, in addition to working conditions, labor functions, place of work and possible probationary period, it is possible to include in the standard form of the contract additional terms, such as: the location of a specific workplace or an indication structural unit in which the worker is to work.

The standard form also contains criteria for special working conditions for home-based and remote employees. In particular, by filling out these special conditions, the employer can fix the obligation of the employee to exchange data on e-mail or through the use of the Internet. In addition, you can specify the timing of sending reporting data and exit remote employee to the network to communicate with the employer.

The standard form affects the rights and obligations of both the employer and the employee. For the employee, it spells out the right to receive timely and in full wages, the right to rest, the obligation to comply work schedule, working hours, use of rest days and other nuances.

In relation to the employer, in the standard form, his right to terminate the employment contract, the obligation to ensure labor safety and compliance with labor standards, and other important points are fixed.

In addition to all of the above, the standard form of the contract contains clauses on remuneration (payment terms and wages of a particular employee). It establishes a working time schedule, which can be either standard for everyone or considered on an individual basis, and the employee’s rest time is indicated, as well as labor protection conditions, social insurance and other guarantees.

Our opinion

Perhaps, if 2-3 people work in a company related to the microstructure, it will be more logical and easier to use the new right and regulate labor Relations employment contract in a standard form. If at least 10 people are subordinate to the employer, it is still not worth abandoning local regulations.

The new standard form of an employment contract will come into force on January 1, 2017, at the same time Chapter 48.1 of the Labor Code of the Russian Federation will come into force, or rather, 180 days from the date of official publication federal law dated July 3, 2016 No. 348-FZ.

In 2017, the authorities are launching another reform: small enterprises are expected to cancel work books. The innovation will make it possible to move away from paper media and switch to the use of an electronic database. At the same time, various difficulties are not ruled out, experts warn.

Features of the cancellation of work books in 2017

The government initiative provides for the rejection of work books for small companies (staff up to 15 people). The relevant amendments prepared by the government were submitted to the State Duma for consideration. In the future, this measure will be extended to other business representatives if the innovations have positive consequences.

The initiators of the project emphasize the positive effect of the rejection of paper media. As a result state structures will be able to join international standards work with information. In addition, it will be possible to reduce the cost of storing archives and simplify the workflow.

Experts note that the gradual abolition of work books is in line with current trends. Organizations are increasingly using contract processing, which allows you to accept a new employee without labor. In this case, the relationship between the parties is regulated by an employment contract.

Previously, the work book was an indispensable document when applying for a pension, sick leave or maternity benefits. Starting from 2002, instead of seniority, periods are taken into account when paid insurance premiums, which practically leveled the significance of labor.

For companies, such a solution will allow them to abandon the storage of paper media. The current legislation defines a fairly strict set of measures that must be taken to ensure security.

Go to electronic form will require the creation of a single database in which all information will be stored. At the same time, it is necessary to provide access to this database, both for the employer and for the employee himself. In addition, there is still no certainty about the agency that will become responsible for the storage and use of the database.

A similar reform has already been carried out by representatives of the Federal Tax Service, who have abandoned paper media. Database of tax authorities, which is comparable in scale to information personnel services, stored in in electronic format.

Potential nuances

For the employer, such an initiative will optimize the work of the personnel department, which will lead to a reduction in costs. At a time of economic hardship, this step will improve financial position companies.

Cancellation of work books is fraught with some risks for the employer. As a result, personnel officers will not be able to track the work history of the applicant, including possible dismissals “under the article”. Security representatives will be able to collect this information, but this is an expensive and labor-intensive process.

In addition, experts are afraid of entering false information into the electronic database, which will become a problem for the employee. For example, how to confirm previous work experience if this information for some reason not included in single base. In this case, the protection of one's own rights will become a problem, says Professor Lyubov Khrapylina.

In such situations, problems may arise with the calculation of a pension if the employer did not deduct insurance premiums in Pension Fund. In this case, the employee will need to defend the interests of the court.

In turn, lawyer Ksenia Mikhailichenko considers such fears an exaggeration. In the current conditions, the transition to electronic form will allow the employee to be sure of the safety of information from the labor. There will no longer be situations where an unscrupulous employer can “lose” all documentation, fearing inspections by regulatory authorities. At the same time, phasing out paper media will help to mitigate all potential risks.

Refusal of the work book will require additional changes in the legal field, experts say. Legislators will need to tighten the requirements for the execution of an employment contract. This tool needs unification and fixation of key points. Otherwise, this agreement will not be fully used in public institutions.

This is not the first attempt by officials to convert work books into electronic format. Previously, such ideas were voiced in 2006, after which they tried to implement innovations in 2012. However, this reform has not been implemented in practice.

In 2017, small companies expect another innovation - officials plan to cancel work books, and the necessary information will be stored electronically.

This reform will allow employers to refuse complicated procedure storage of paper media. In addition, companies will be able to optimize the personnel service. A potential threat will be access to the work history of the applicant.

For an employee, refusing to work carries some risks. In the case of dishonest actions of the employer, it will be much more difficult to prove the length of service.

Talks about the abolition of work books have been going on for a very long time. So will it be canceled or not?

From the article you will learn:

Will there be abolition of work books in 2017

There have been talks of abolition for several years now. work books. For the first time, the abolition of work books was discussed in 2006. Several years ago, legislators announced that work books would be canceled for all employers, but even in 2017, no action was taken in this direction.

In 2016, the State Duma adopted in the first reading a draft amendment to the Labor Code of the Russian Federation, according to which micro-enterprises could, by agreement with employees, not make entries in the work book of the employee and not accept the work book, but in the final version of the bill, which was adopted by the State Duma in the third reading, these changes were not included, that is, even for micro-enterprises, the cancellation of the work book in 2017 did not occur. But talk about the abolition of work books does not subside. Thus, the issue of canceling work books in 2017 was raised at a meeting of the President of the Russian Federation with employees of the Lebedinsky GOK in the Belgorod Region, to which the President of the Russian Federation replied that this area requires special attention and understanding on the part of citizens and not everyone is ready for this, but the transition to electronic document management, that is, the order will not be issued at the present time.

Don't miss: the main article of the month from leading specialists of the Ministry of Labor and Rostrud

Encyclopedia on the design of work books on a turnkey basis from the Kadra System.

Of course, work books in 2017 are no longer so significant and necessary documents, therefore, the question of their abolition is ripe. There is no doubt that sooner or later these documents will be canceled, but until the relevant amendments to the Labor Code of the Russian Federation are adopted, the work book of the established form is the main document on labor activity and labor worker experience.

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What are the benefits of canceling work books

We can definitely say that the abolition of work books in 2017 will not happen. However, this is expected in the near future. Of course, the transition will go smoothly and, most likely, electronic and paper documents will exist simultaneously for some time, and the employee himself will decide in what form he will draw up this document, that is, this process will be gradual.

Let's look at the advantages and disadvantages of canceling work books for employers.

Benefits for the employer when canceling work books

Cancellation of employment records has the following benefits for the employer:

Optimization of work of personnel specialists.

Reducing the number of violations.

The TC is one of the documents that the GIT inspectors request during inspections. Practice shows that personnel specialists quite often they make mistakes in the conduct of the TC, which leads to fines based on the results of the audit. Therefore, the abolition of work books will reduce the number of violations and, as a result, the amount of the fine based on the results GIT checks. Also, the cancellation of these documents will eliminate such violations of the employer as a delay in the issuance of the Labor Code when layoffs and loss of the employee's TC.

No need to control the receipt by the employee of the shopping mall.

If the employee did not appear for his TC on the day of dismissal, then the employer is obliged to send him a notice of the need to appear for her or give his consent to be sent by mail. This procedure requires time and financial costs:

it takes time to write a letter, to design it and send it;
the letter must be valuable with a description of the attachment and a notice of receipt.

The absence of a TC will relieve the employer of this obligation, thereby reducing costs.

Disadvantages of canceling work books for the employer

Cancellation of work books has the following disadvantages:

Difficulties in verifying work experience.

Currently, the TC is the only document that contains the entire work experience of an employee. So, to calculate the insurance period for payment sick leave the employer uses the employee's TC. Now it is not clear what documents employees will confirm the length of service in case of cancellation of work books.

Difficulties in hiring.

An employee can have only one main job, that is, you cannot hire an employee for the main job, for a full time job, if he is employed for the main job in another organization. Now personnel specialists determine the employment of an employee according to the Labor Code. That is, they accept an employee for the main job only if the previous employer has made a record of dismissal in the Labor Code. Cancellation of work books will create a situation where the employer will not be able to determine the employee is working on the date hiring in another company or not.

The employer will not be able to track the work history of the employee.

According to the history in the shopping mall, you can find out information about the employee:

Employment books 2017: what mistakes employers make

As already mentioned, the abolition of work books in 2017 will not happen, which means that employers must continue to properly maintain the Labor Code. Very often, the maintenance of the shopping mall causes difficulties for personnel specialists, and a large number of errors can be found in these documents.

Table 1 shows the most common mistakes that HR specialists make when maintaining the TC.

Table 1. Employment books 2017: what mistakes employers make

Mistake	Comment
Lack of blank TC forms and inserts	The employer must always have the required number of TC forms and inserts available. In case of their absence, there is a risk of untimely registration of the TC for a new employee or an insert for an already working one
Absence of an income and expense book for accounting for forms of shopping mall and inserts	The purchased forms of the TC and inserts are stored in the accounting department of the company, which registers them in the income and expense book. Sample Fill this journal shown in Figure 1
Lack of applications for the issuance of a TC form or insert	A new work book is issued upon a written application of the employee indicating the reasons for its absence. Therefore, when issuing a new work book, it is necessary to take an appropriate application from employees, which indicates, among other things, the reasons for issuing a work book. When issuing an insert from an employee, it is also necessary to take a corresponding application
The employee's TC is missing	Often you can meet the situation that in the personnel department (in the company) there is no employee at all. Usually there are no TCs of top managers of the company who did not bring the TC on the first working day and then cannot deliver it in any way
Upon dismissal, the employee did not sign in the book of accounting for the movement of the shopping mall and inserts	Upon dismissal, the employee confirms the receipt of his TC in his hands with a signature in the book of accounting for the movement of the TC and inserts
The employer indicates in the Labor Code the name of the structural unit when this condition is not in the employment contract	An entry in the Labor Code is made on the basis of an employment order, which is drawn up on the basis of an employment contract concluded with an employee. That is, if the employee’s employment contract does not indicate which division he was accepted into, then this condition does not need to be indicated in the Labor Code, and vice versa, if the name of the division is specified in the employment contract, then the Labor Code should indicate which division the employee was admitted to
Employee's signature missing title page TC or liner	The title page of the shopping mall is filled out in the presence of the employee and the employee confirms with his signature that his data has been entered correctly. Thus, the title pages of the TC and the insert must always be signed by employees
Inserts are not sewn into the shopping mall	An insert without a TC is invalid. In practice, the liners are simply inserted into the TC, and at best they are pinned with a paper clip, which is a violation. The insert must be exactly sewn into the Labor Code and an entry must be made on the title page that the employee was given an insert indicating the series and number of the insert
Abbreviation of words in TC	Shortening of words in the TC is not allowed

Figure 1. A sample of filling in the income and expense book for accounting for the forms of the TC and inserts in them

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In this article, we considered the issue of the abolition of work books. Of course, the abolition of work books will have a positive impact on the work of enterprises (especially small ones), as it will reduce personnel document flow and thus facilitate the management personnel records and reduce the number of violations labor law. But still, so far this is just talk and the abolition of work books in 2017 will not happen.

In the work book of a specialist recorded his entire working history. Therefore, the introduction of new information into it, as well as the issuance to an employee upon his dismissal, is strictly regulated by the legislation of the Russian Federation. Each employer is obliged to strictly comply with all regulations on the rules for storing and maintaining work books.

Conditions and requirements of the law for 2018

Each personnel officer, regardless of whether he first encountered a specialist’s work book or not, needs to know in without fail operating regulations.

It should be noted that the regulatory rules for maintaining and storing this document did not change significantly over the past 13 years.

What is a workbook?

The work book is main document informing about the work activity of a specialist.

It plays a major role in the calculation of the length of service of the worker (it does not matter what kind of experience it will be, general or insurance). In addition, her data is proof of work experience employment specialist. Also, for a potential employer, the reason for dismissal from the previous place of employment, which is recorded in this document, may be important.

All employers must have a work book for each employee who has worked in the organization more than five days. The only exceptions are employers in the status individual not related to individual entrepreneurs.

Features of conducting

In the employee’s shopping mall, it must be displayed the following information:

AT column 1 the serial number is indicated.
AT column 2 the date of termination must be indicated.
AT column 3 a record is made "dismissed due to the reduction of workers."
AT column 4 the date and number of the order of dismissal are prescribed.

Legislative norms directly impose obligations on the employer for the organization right conditions for the storage and maintenance of the work book. Strict accounting of this document at the enterprise determines the presence of a responsible official.

This specialist is appointed by order or order of the employer. As a rule, this responsibility is imposed on a personnel officer or directly on an accountant who deals with work books.

The order that appoints responsible person, does not have a strictly regulated form, but should display the date, initials with the surname and position of the appointed specialist, as well as the signature of the manager himself.

What information is entered

The following information must be entered in the work book:

About the worker. His full name and date of birth (recorded on the title page)
About work. The name of the organization is displayed here. Date of admission, transfer or dismissal. Numbers and dates of orders in the company.
About the awards accrued to the employee for his merits in the organization.
About developed discoveries, confirmed by diplomas, and bonus funds paid for this.

It is especially important that the name of the place of work, specialty and position held are displayed in accordance with the list of names of the classifier of professions.

What is not included:

penalties imposed on the employee;
regular payments;
information about the employment contract (fixed-term or open-ended);
dates of probation;
the time spent by the employee on social leave;
transfer to another position within the organization.

To fill out a clean work book, you will need a passport and a diploma. This is necessary for the correct display of information on the title page.

If a specialist finds a job in an organization and brings an already completed book with him, then the personnel department employee enters data into it, guided by orders issued directly by the head.

For an entry in the document on admission or appointment to another vacant position of an employee, the law provides 7 days. Upon dismissal, the work book is handed over to the employee on the day when the corresponding order is issued.

Compliance with the order and exceptions

In the vast majority, detailed information about the circumstances of various events is displayed in the orders of the head (for example, the length of the probationary period). These data will not be transferred to the work book in full.

HR officer displays this information as briefly as possible. The instruction even has abbreviated versions of the main phrases. In accordance with this, the work book contains the names of the causes of events, their dates and serial numbers of orders, where they are described in more detail.

Dates and times

In each organization where a specialist was employed, his work book participated in personnel office work after the conclusion of the employment contract. Legislatively, a record of employment in it must be made within 5 days from the start of work of the employee.

In case of dismissal, this document must be issued to the specialist on the day the order is issued. If this does not happen, then the employer is obliged in three days give TC. In case of refusal to issue this document, a notification must be sent in the form of a registered letter.

In other words, the term of the Labor Code begins with employment in the organization and ends with dismissal. At the same time, the employee's book loses previous place work its legal force.

If the book is expired, then its validity period does not expire. You just need to sew an additional liner into it.

Ink languages and colors

Exist five basic rules for filling out the TC:

Recordings are made neatly, clearly, without blots.
For writing, you can use a fountain, ballpoint or gel pen.
The ink must be resistant to light.
The following colors are allowed: purple, black, blue.
Can't be shortened.

Old-style shopping malls assume that they display data in a second language. This is connected with the then policy of the USSR. According to their principle of use, they otherwise do not differ in any way from modern analogues.

When interacting with such a book, the employer must fill it out in accordance with standard rules. In this case, entries in the second language can be ignored.

Abbreviations

In accordance with the new legislative norms, make reductions in the work book prohibited.

Ordinal numbers

Each entry in the TC must be accompanied by a serial number.

Alteration

The responsible person who made the original entry has the right to make changes. If this organization ceased its activities or was reorganized, then the right passes to the successor company.

It is also worth noting that in order to make any changes, the appropriate documentary grounds. So, to change the surname, a passport must be provided.

According to current regulations, changes are made by recognizing previously entered data as invalid and displaying new data.

Inserts

During the work of some specialists, there may come a time when all the sheets in the shopping mall are filled out, and there will be nowhere to enter new information. Therefore, in this case, the worker must be issued insert. Information about it is displayed on the title page at the top right. You must also indicate the number and series of the issued insert.

It can be filled out by hand. The numbering of entries when filling out the insert must be continued.

Important! Information about personal data and education of a specialist is entered on the basis of the documents provided.

Employee familiarization

By law, employers are obliged to familiarize employees with the information displayed in the work book:

data on the work performed;
information about the transfer;
notice of dismissal and its reasons.

The statutory retention period for TCs not issued upon dismissal of an employee is 50 years. All entries that were made during this period of time will be considered valid.

Regardless of how long the TC is stored, the data contained in it will be the basis for calculating the pension. The only condition is correct filling document.

Also important point is the storage of a journal that will contain information about work books.

In general, it can be summarized that the established period of storage of the TC will depend on the time of work of its owner. An exception is work on the basis of a civil law contract.

Features for IP

An individual entrepreneur can start a shopping mall for himself. In it, he is obliged to indicate the periods of his activity with regular deductions to the FIU. A document confirming the work experience of an individual entrepreneur is a certificate of the PFR, which is issued upon termination of this activity.

How to organize the accounting and storage of work books? The answer to the question is in this video.

Document flow will become easier, but employers will know less about candidates

The work book, which will celebrate its centenary in two years, may not live up to the anniversary. The idea of its abolition has been in the air for a long time, and now it seems that the authorities have moved from talk to action. To begin with, they will be allowed to abandon the Soviet legacy small businesses. The government has already submitted the appropriate amendments to the Labor Code to the State Duma. If everything goes smoothly, paper work books will be completely eliminated, and they will be replaced by electronic bases data.

We started with small companies, with a staff of no more than 15 people. Many enterprises, in order to avoid paperwork, are already hiring without labor - under a contract. The new bill only streamlines the existing practice. In this case, the main document becomes labor contract. It may contain a clause that the book is kept at the employee's home. In it, the employer must make a record of the reason and date of dismissal of the employee.

Why is a workbook no longer needed? It is difficult for people who were hired thirty years ago to imagine that they can do without the usual green, gray or blue book - it's the same as without a passport. The older generation believes that without a piece of paper a person is not like a person. In Soviet times, it was impossible to get a pension without a work book. However, since 2002, for the formation of a pension, the length of service does not matter, and only the period during which insurance contributions were received to the Pension Fund is taken into account. All this fully applies to the calculation of sick leaves and benefits for pregnancy and childbirth.

However, if work books are eliminated, then something more universal should come to replace them. In the personnel department of MK, for example, they spoke in favor of changes. The absence of paper media relieves enterprises of the responsibility for their storage. Existing rules on this score, they are quite strict: work books should lie in a safe or iron cabinet under lock and key, without access to outsiders. On the other hand, specialists do not have confidence that employees and employers are fully prepared for the transition from paper to electronic media. “Theoretically, it is possible to digitize all work books, but then this information should be stored in some common base available to the employer and the employee," personnel officers argue.

There is such experience in Russia. Federal tax service has long kept its database in electronic form, abandoning paper. The number of users, the volume of information, the regularity of its updating is comparable to the work of personnel services. Until the state has decided on the person responsible for storing and maintaining the relevant database of work books - it will be the Ministry of Labor, Rostrud, the Pension Fund or someone else. In any case, the portal will provide " personal accounts”, both employees and employers, who will only have access to their own information.

Now it is enough for an HR specialist to look into the work book, and the whole life of the applicant is in full view - at what age he found his first job, for what reasons he left the previous one, and so on. For example, a job that is too "chubby" with a large number of records can lead to a job denial. An employee who is in conflict with the employer may face a reprimand with entry into the labor force or dismissal under the "wolf" article. With the elimination of work books, perhaps all this will become a thing of the past. The same employment contract will help out those who do not want to "dirty" their work path with a dishonorable place of work. But it will be much more difficult for the employer to follow the career of an employee. We will have to connect the security service, which will break through the applicant's work biography through its own channels.

“It is worrying that with the transition to electronic databases there is no guarantee of the reliability of this kind of media. If something happens to the online version of the work book, how then can the employee confirm his previous work experience? Looking for witnesses?” says Lyubov Khrapylina, Professor of the Department of Labor and Social Policy of the RANEPA.

Ksenia Mikhailichenko, a lawyer with the Center for Social and Labor Rights, considers such fears unfounded: “Now it costs nothing for the employer to “dissolve” the office, as they say, until better times. And then look for the director already abroad, the office is closed, and with it the documents of employees. With the abolition of work books, such situations should no longer arise. ”

On the other hand, the rejection of paper work books should not be abrupt. The process will take several years.