Why do you need a work book when applying? Why do you need a work book? Step-by-step instructions for employers

Why is it needed and by whom is it filled out?

Every working citizen must confirm his work experience.

All necessary entries are made in the work book and contract in accordance with the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 ( further- Resolution). Despite numerous disputes about the outdated format and uselessness of books, in 2017-2018 this document remains a necessary attribute when applying for a job, regardless of the form legal entity.

An employee’s work book is the main document about his work experience and activities. The legislation establishes the procedure for maintaining this document, options and possibilities for corrections, an approved sample insert, as well as instructions for filling it out.

Its absence can lead to a number of problems:

• unconfirmed experience and work experience can become an obstacle to employment;
• serious problems when applying for a pension, which directly depends on the number of years worked and points scored;
• lack of benefits and privileges from the state;
• illegal activities that violate tax laws, etc.

If an employee cannot provide a book due to loss or non-issue upon dismissal, he will have to obtain a duplicate from his previous place of employment

If the organization has collapsed, the new employer must issue a document indicating the reason for the absence of the old one.

Entries in the work book

The maintenance and storage of these documents for the period of the employee’s work is the responsibility of the employer, including the individual entrepreneur. Without documentary evidence, the company's activities border on criminal liability for violation of tax laws.

The obligation to maintain them is established by law and begins to take effect 5-7 days after the citizen is hired for his main job.

If the position held is additional (part-time), then the responsibilities for maintaining entries in the work book are assigned to the second employer on the basis of supporting documents, both at the main and additional place of employment

In addition to the work performed, entries are made about awards, transfers to a new position, information about the reasons for termination labor activity and dismissal.

Working moments are confirmed by the order number, which is recorded in a special accounting book at the workplace. The exact standards for records, their changes and the rules for making them are regulated by clause 2 of the Resolution.

About hiring

The entry in the work book about hiring begins on pages 2-3, in the “Work Information” section. A prerequisite is to indicate the full name of the organization with an additional abbreviated version in the correct wording.

Each column has its own purpose:

1. serial number;
2. date of hiring;
3. position, name of organization;
4. order/instruction number.

About transfer to another position

To enter information about transfer to work in a division, another company, or by changing positions, you should deviate 1 line from the last entry and continue numbering the list of entries with Arabic numerals. The date format must be standard (01/01/2018), and the violation of this rule leads to corrections in the work book, its unsuitability and penalties for the employer.

Pay attention!

If the transfer takes place within the same organization, its full name is not required. It is enough to enter the order number and the new position of the employee, certified with a seal and signature.

About dismissal

The dismissal must be recorded on the day the employee submits an application or signs an order to remove him from his position for any reason (confirmed by an article of the Labor Code of the Russian Federation). The exact instructions for filling out work books are established by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

The document indicates the date last day employee’s work, unless there are other agreements under the contract

Liner

If you run out of sheets for recording, the current employer issues an insert. How to format it correctly:

• issued if there are not enough pages to make entries (you cannot write in the margins or at the bottom of the page);
• front page filled out according to the date of issue of the application, and not according to the date of receipt of the work book;
• The employee’s data must correspond to real time, since changes may have occurred during work (obtaining education, changing surname, etc.);
• The signature and seal of the responsible person/company is placed at the bottom of the title page;
• the insert is filed with the book, on the first sheet of which information about additional pages is entered, and the series and number of the document are also indicated.

The number of additional pages is unlimited, depending on the frequency of job changes.

How to correct errors in a work book?

How can you correct a record so that the document retains its legal force:

• You can correct the error at the place of work where the typo was made;
• the new employer has the right to change the entry, having a confirming official document about the legality of the information, an extract from the archives of the collapsed company, an employment contract, etc.

Pay attention!

Unauthorized correction in the work book is not permissible. In such a situation, it becomes invalid, and it will be possible to confirm the length of service only in judicial procedure.

An incorrect entry cannot be corrected based on the words of witnesses, except for court decisions, and also due to the massive loss of documents due to emergency, disaster, fire, etc.

If an employee loses it, then a new one is created at the new place of work. If a loss is discovered, the employer does not have the right to delete the newly created book, since it is accountable. In such a situation, an employee may have two work books at once, each of which is valid.

According to the law, there are no restrictions on this account, and all information about transfers to pension and insurance contributions is stored in the organization’s database. But there is also a negative side:

• problems when registering pension benefits, since the fund recognizes only one document as genuine, and the length of service on the second is simply not taken into account;
• receiving child benefits, vacation pay and other payments using two books at once is threatened administrative punishment in the form of a fine and full reimbursement of payments received;
• problems with employment, which take into account a person’s length of service, position and work skills. By presenting two documents at the same time, a citizen comes under suspicion and, at best, will be denied a job.

It is better to work using one work book, and if it is lost, restore the document at a new place of work or by visiting all organizations again

How to restore a work book if lost?

How to obtain a replacement in the event of its loss is regulated by the Resolution. The owner, first of all, must report the loss of the document to the boss at the last place of work. To do this, you should submit a written application in free form, indicating the reason for the loss and expressing your desire to restore the document.

Full list documents for re-registration include:

• application to the HR department;
• confirming work experience documents from all workplaces, archives, extracts from orders, personal account wages and so on;
• in the event of the collapse of an organization, a decision on labor activity for a certain period of time can be issued by a court, which requires the preliminary filing of a claim on this issue and the collection of evidence of employment.

Pay attention!

Each document is valid only with a certified signature/seal. The employee is responsible for forgery and falsification.

According to the rules established by law, a duplicate is issued by the employer no later than 15 days from the date of receipt of the application. The document indicates the total length of service (in total), without the names of organizations, positions and periods of activity. In case of invalid records of dismissal, length of service and transfer, such information is not taken into account in the duplicate.

Accounting is maintained at each enterprise, including individual entrepreneurs. The resolution defines the rules for storing documents, the responsibility for which is the head of the organization and the employee himself. What are the requirements for maintaining work records:

• all dates are written Arabic numerals;
• ink must be resistant to UV light, black and blue, but only with a ballpoint or fountain pen (gel ink cannot be used);
• Abbreviations cannot be made (regardless of the length of the name);
• all information must comply with the standards of the Labor Code of the Russian Federation about the employee, position, transfer to another place, dismissal under the article, termination of work experience, incentives;
• the language of writing is state;
• all data must comply with the specified order;
• the deadline for making entries when hiring is no later than 7 days, when leaving on the last working day, unless otherwise provided by the employment contract;
• all records are numbered;
• the employer must familiarize the employee with the entry made, which is confirmed by his personal signature on the card.

Work records should be stored in places inaccessible to third parties - use safes and cabinets with locks

If documents are damaged while they are stored at the enterprise, the organization may be subject to penalties. If documents are not in demand for various reasons, the organization is obliged to store them for a certain period of time:

• work book 75 years old;
• accounting of its movement (registration book) 75 years;
• accounting of forms (receipt/expenditure book) 5 years.

Issuance upon request is made against the signature of the recipient, since all papers are numbered and are accountable to the organization.

Persons responsible for maintaining the work record book

The person responsible for storage and maintenance is the employer, who is subject to a number of penalties in accordance with the laws of the Russian Federation:

• a fine of up to 50 thousand rubles or suspension of work activity for a period of up to 3 months;
• disciplinary action in the form of removal from position for up to 3 years;
• financial liability for damage caused to the employee.

If the norms established by law are violated, you should contact state supervision, as well as law enforcement agencies and experienced lawyers.

Comments

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Today, many actions often require a copy of the work record from the place of official employment.

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At the same time, the need for such a document arises quite often and in a variety of situations. That is why it is worth acquiring it in advance if possible.

Where is it needed?

Today the work book is very important document. It confirms the very fact of official employment of a particular citizen Russian Federation. That is why it is often necessary to provide a copy of it.

It is best for a simple employee to find out in advance where a copy of the work record book is needed (the employer must certify and hand it over upon request). Since this way you can save enough large number time.

Most often, a copy of the document in question is required in the following cases:

• when applying for a credit loan of any type in a banking institution;
• to restore a lost work book - if you have a certified copy, this procedure will take minimum quantity time;
• for writing a resume;
• for a pension fund;
• to obtain a passport;
• for other purposes – their list is quite extensive.

Almost always, when applying to a new employer, it is necessary to provide information about previous places of employment.

Previously held positions by applicants serve as confirmation of the presence of certain experience required in a particular case.

But according to the legislation in force in the Russian Federation, after the conclusion employment contract The original work book must be kept in the HR department.

There is no way to take her from there. This is why a certified copy is required. A potential employer will be able to easily assess the experience of their future employee.

Sometimes it happens that an employee or employer loses their work book. In this case, it is advisable to restore it. If there is no copy of this document, such a procedure will take a very long time.

If the employee has a certified copy in his hands, then it can be completed in just one day. Therefore, it is worth taking care of obtaining such a document in advance. This will make life much easier if you lose the original.

It is also worth attaching a copy of your work copy to your resume - if you are sending it simply or by email to the employer. Thus, it is worth contacting your employer in advance with a request for its production.

Why do you need a copy of your work book for a bank?

Most often, a work book is required first when applying to a bank for a loan. Usually, the presence of this document is strictly required. Its absence may result in refusal to provide the service.

This document is required by the bank for the following purposes:

• establishing the main source of income of the client who applied;
• determination of solvency - how high the probability of repayment of the loan will be if it is issued;
• if for some reason the client decides not to return the funds borrowed from the bank - in order to carry out the collection operation at the client’s place of work.

Also, the work book is one of the confirmations of the veracity of all data provided to the bank. But first of all, this document is necessary to determine solvency.

A special credit commission based on a copy of the employment contract, as well as an extensive list of other documents and various important factors carries out an analysis of the probability of debt repayment. And only if this figure is close to 90% will the loan be issued.

At the same time, the work book serves as a source of information about the client’s consistency. People who frequently change their place of employment are usually not trustworthy.

Such clients arouse suspicion among credit committee employees. Because why more Records will be submitted to labor in a short time, the less likely it is to receive a loan.

The employer also has the right to make a note about the reason for dismissal. Bank employees look especially closely at this section of the work book.

The fact of dismissal under the article may make it impossible to obtain a loan. In fact, the work book is a second passport for the bank. It contains a lot of important information.

Moreover, precisely for this reason, in some cases it is not worth providing the bank with this document (if the work book contains records of dismissal under the article).

For international passport

According to the legislation previously in force in the Russian Federation, in order to obtain a foreign passport, it was necessary to provide a copy or original of the work book, depending on the status of the employer.

So, in order to issue or replace this document, it was necessary to submit:

• a photocopy of each page with the seal of the organization and the signature of the immediate supervisor;
• copy down on a blank sheet of paper all data on places of employment for the last 10 years (this document must be certified by the employer’s personnel service).

A copy of all pages of the work book with seals and signatures is required if the recipient of the passport works in a private organization.

An extract of all places of work for the last 10 years is allowed in case of employment in government organization, municipal. These requirements are imposed by many institutions involved in issuing foreign passports.

Although in fact they are illegal, the legislation directly prohibits in this particular case from requiring such documents from an officially employed citizen of the Russian Federation.

The previously described procedure was regulated by a special regulatory legal act– By order of the Ministry of Internal Affairs of May 26, 1997.

This NAP provided for the procedure for obtaining a passport by a person whose age was 18 years or more. On at the moment the document is not valid.

The same department adopted order No. 320 on 04/07/13. A number of different explanations were given by the Federal Migration Service regarding it.

It is one of these explanations that contains the opinion that a copy of the work record is currently not required to obtain a foreign passport.

However, it is still worth acquiring a document of the type in question in advance. Since some passport issuing institutions do not adhere to the new legislation.

Which is a violation. But in some cases, the easiest way is to avoid conflict with the passport office. To figure out whether a copy of the work book is needed for an old-style international passport, it is imperative to familiarize yourself with the NPD covering the moment.

If a conflict arises regarding this with the passport office, you should contact regional office FMS - this will resolve many difficulties.

Dfor the Pension Fund

No matter how strange it may sound, sometimes you need to provide a copy of your work book specifically for the Pension Fund of the Russian Federation. Since the work book is the main confirmation of the work experience of a particular citizen of the Russian Federation.

That is why, in the case of applying for an old-age pension, the Pension Fund has the right to request a copy of the work book from the person submitting the documents.

This point is regulated by the following regulatory documents:

• Labor Code of the Russian Federation;
• Rules for calculating the amount of labor pension;
• Government Decree of July 24, 2002

According to the NAPs outlined above, employees of the Pension Fund have the right to request from those applying to it the documents listed in a special list - it includes a copy of the employment document.

This list is established by the Decree of the Ministry of Labor of the Russian Federation dated February 27, 2002. A copy of the labor document is indicated in the list in question. In this case, pension fund employees often require the HR department employee to provide the original work report.

You should know that such a requirement is illegal and the personnel officer should refuse. But, at the same time, he can go to a meeting with the Pension Fund of the Russian Federation and give the original to the employee against signature.

But it should be remembered that according to the requirements of the NAP on the storage of documents of the type in question, in the event of its loss, responsibility falls entirely on the employer. He will be obliged to as soon as possible restore the document in question.

Do I need a copy of my work record for a visa?

To prepare some documents in case of traveling abroad, it is necessary to provide a copy of your work book - not only for a foreign passport.

Grigory Milov

The main function of a work book is to record work experience. However, in modern conditions this is not the most effective way solve this problem.

Work books, with the addition “for non-workers,” first appeared in 1918 in Soviet Russia as a document on the basis of which ration cards were issued (“they were issued to workers” at their place of work). In their current form Labor Code defines them as “the main document on the employee’s work activity and seniority.” “But their time is inexorably running out,” notes Lydia Pedchenko, lawyer and member expert council National Union of Personnel Officers.

“With the introduction of personalized accounting in the state pension insurance the work book loses the function of accounting for length of service, which was the most important criterion when calculating a pension,” says deputy Oleg Shein, deputy chairman of the State Duma Committee on Labor and social policy. A personal record in the state pension insurance system contains significantly more full information about the labor activity of a citizen of the Russian Federation, which can be reflected in the work book. In addition, as a result of the pension reform, the size of pensions of citizens of the Russian Federation is calculated on the basis of income to the Pension Fund, and not only on the basis of length of service. “But nevertheless, it is almost impossible to apply for a pension without presenting a work book,” notes Pedchenko: it still needs to be presented “live.”

Moreover, if there is an error in at least one letter in the work book (for example, Natalia is written instead of Natalia), government bodies may deny a person a pension, and, despite the data stored in the Pension Fund, justice will have to be restored through the courts. Legislators also see this contradiction. “When applying for a pension, a work book will soon no longer be needed,” says Shein. “After all, it does not carry any information, for example, about income level.” But nevertheless, it is still considered the main document confirming work experience, says Tatyana Kuznetsova, head of the document flow department of the document flow faculty of the Russian State Humanitarian University.

It’s too early to cancel work books, Shein believes. “By documenting work history, it can serve the same role as letters of recommendation,” he argues. An employer can see the reasons for dismissal from previous jobs, which may influence its decision to enter into an employment relationship with a candidate, Pedchenko notes. However, in practice, the personnel services of enterprises first open the work book of a potential employee after the decision to hire him has been made, she reminds.

Another function of the work book is “some protection of the rights of the employee,” says Shein. If an employee is fired, the law obliges the employer to make a record reflecting the specific article of law under which the dismissal was made, he says. “This gives the former employee an opportunity to challenge the legality of his dismissal,” he adds. However, even if the employee manages to be reinstated, the record of dismissal will remain with him forever, and the next employer will be able to see that they tried to fire the employee, but he was able to be reinstated by a court decision. “Employers can draw very different conclusions from these records,” notes Pedchenko. “In the current conditions, a work book protects the interests not of the employee or the employer, but of the state, and interests that have little to do with issues of labor activity,” says Olga Suvorova, managing partner of the recruiting company Suvorova and Partners. “Its certified copy must be presented when applying for a foreign passport, which makes it possible to limit the travel abroad of people admitted to state secrets.”

E. Mayorova

Recently, a colleague, the HR director for the production and sale of commercial equipment, called me and asked me a question: what should I do with the work book of an employee who quit, but did not come to pick it up from the personnel department? The question is very relevant due to the fact that in personnel departments and divisions responsible for maintaining personnel documentation, a certain number of work books periodically accumulate for various reasons. Why don’t employees pick up work books from personnel departments? Where and for how long is it possible to store the work book of a resigned or “disappeared” employee? What actions should the personnel department take to transfer the work book to its true owner? And, finally, what consequences can a company expect for actually illegally detaining a work book in the personnel department? Unfortunately, the listed issues are resolved by HR directors of commercial companies each time at their own discretion, although they must act according to a pre-developed algorithm and in accordance with labor legislation.

"OFFENDED" WORKERS

Why do employees leave their own work records in company personnel departments? What makes them do such extraordinary things, despite the fact that a work book is a mandatory document when applying for any job.
Let us give some “conditional” classification of such workers.

- “Uninformed.”
- “Escapers” from punishment.
- Having a second work book.
- “Punished” by the employer.

"UNAWARE"

Usually these are young people from 18 to 25 years old, for whom the work book has not yet become a fundamental document of decisive importance in life. In fact, this category includes all those who are just starting their career. Part of their “forgetfulness” is due to incomplete knowledge of the field labor relations. For example, many people know absolutely nothing about the fact that a work book must be created at their first place of work. This ignorance is contributed to by inspectors of human resources departments who do not inform new employees about the hiring record made in the work book. Thus, it becomes clear why an employee will never be able to find out about the existence of a personal work book.

"RUNNING" FROM PUNISHMENT

This category includes almost all financially responsible employees. It is they who can be “punished”, and it is not particularly difficult for them to “be guilty” before the company. Other employees are still in to a greater extent are not subject to any significant “punishments” from the company. As an example, let's look at next case. The sales manager who has entered into an agreement on individual financial liability and engaged in the distribution of goods to retail outlets or shops, not owned by the company, at a certain point in time, many unforeseen options may arise, which subsequently have negative consequences for his personal career: partial loss of goods, sudden closure of a retail outlet without the possibility of any communication with its manager, errors in calculations of product items when receiving them from the warehouse or when transferring them to the store, etc. When such a manager becomes aware that he has found himself in a difficult and intractable situation, he, deciding to avoid monetary punishment, leaves his work book in the personnel department.

HAVING A SECOND EMPLOYMENT CARD

In connection with amendments to the labor code of October 6, 2006 on the possibility of opening a new work book, if an employee applying for a job new job, declares in writing about its disappearance or absence, personnel department employees can commit this act without fear of any penalties from external authorities.

Practice shows that employees actively take advantage of this circumstance and sometimes resort to forgery - without working and having work books in hand, they get a job in a company with a request to have a work book due to the loss of the first one.

In particular, this applies to young mothers on maternity leave. Receiving child benefit from the state,
according to Decree of the Government of the Russian Federation N 865 dated December 30, 2006, and on parental leave, they actually
are going to deceive the state.

It must be said that, in the end, the “deception” will be revealed through an audit of the fund social insurance and a decision was made to recover illegally paid amounts from such “inventors.” By the way, the employer’s positive response to a new employee’s request to issue a new work book does not arise from good attitude to a newcomer, but because of fear of a fine due to hiring without filling out a work book (violation of the provisions of Article 65 of the Labor Code (Article 5.27 of the Code of Administrative Offenses). It turns out that by relying only on the words of the employee, the inspectors of personnel departments contribute to the emergence of a second, and sometimes a third work book. Therefore, the Nth work book after dismissal can easily
stored indefinitely in the personnel department of another commercial company, unclaimed by the employee. In addition, many inspectors draw up duplicate work books with the designation and detailed description the entire length of service according to the employee, which is a violation of labor legislation. In this case, HR departments violate paragraph 31 of the Rules
maintaining and storing work books, producing work book forms and providing them to employers (approved by Government Decree No. 225 of April 16, 2003). Although Article 66 of the Labor Code of the Russian Federation provides for the presence of one work book established sample, which is the main document about the employee’s work activity and work experience, today the “possession” of two or more work books by an employee is a common phenomenon in the labor market, which, moreover, is not punishable in any way. Of course, the employee will subsequently have to prove his “parallel experience”, confirmed by several work books, but this moment in the employee’s life falls on a more distant period, namely, only when a pension is calculated.

“PUNISHED” BY THE COMPANY
Unfortunately, there are still companies in the labor market that do not hesitate to illegally “expropriate” a work record. “The work book should not be given to this employee,” reads the management’s verdict. HR directors are forced to comply. Circumstances that “force” such influence on an employee, for example, may be theft of an employee (usually due to the inability to sue the employee due to the lack of direct evidence and written evidence). In this case, the employer is responsible for the fact that the employee, due to the lack of a work book, will be deprived of the opportunity to work for some time, and, accordingly, must pay him the average wage until the work book is transferred to him.

A letter with a notification or a call “as a friend” - what to choose? The labor inspectorate, which checks personnel documents, first of all, turns to the contents of the safe for the presence of “extra” work books stored without legal grounds. It must be remembered that legal basis To store the work book of a long-retired employee, you can consider the presence of a certain package of documents, complete with a “forgotten” work book. Based on these practices, it can be noted that the first thing that personnel officers do when a forgotten work book is in the safe is to call a former employee in an attempt to contact him with a request to pick it up from the personnel department. Apparently, they prefer the indicated option as faster-acting. In practice, the above actions, as a rule, do not produce positive results. The work record continues to “hang like a sword of Damocles” as global problem personnel department, really putting
the employer subsequently becomes the accused - after all, the telephone call cannot serve in the future as any evidence for the labor inspectorate that the contact with the employee took place. It is preferable for the personnel service to send to the address specified in the employment contract of the “disappeared” employee a certain list of documents that are required to be presented to the labor inspectorate in the event that there are “extra” work books in the safe of employees no longer working in the company.

Let's look at the two most common options.

Option 1. The employee formalized his dismissal: he wrote a statement, signed a bypass sheet and read the dismissal order. But for some reason he doesn’t come to get his work book. In this case, the employing company needs to send a notice already on the second day after dismissal, the text of which is given below (Table 1).

Option 2. Consider an example popular in the labor market: employee absenteeism. In other words, the personnel department does not have a single document from the employee about his desire to resign - neither a statement nor a dismissal order. In this case, it is necessary to generate a package of the following documents.

Internal notes from the manager about the fact of the employee’s absence from the workplace.
- Certificates of absence of an employee from the workplace, signed by at least three employees of the company.
- A letter of notification with a request to appear for a work book.
- Form of explanatory note.
- Act of refusal - write an explanatory note.

All documents are in the following Table 2:

The company is obliged to store all copies of sent documents in a safe along with an inventory of documents with the seal of the post office that carried out the postal item a package of documents to the employee, and a cash receipt for payment of postal services along with the “forgotten” work book until it is transferred to the employee.

From the rules for maintaining work records...

According to the law, the employing company, as well as those responsible for work records, may be punished in the form of administrative penalties and fines. From the rules for maintaining and storing work books, producing work book forms and providing them to employers.

Clause 35. The employer is obliged to issue the employee on the day of dismissal (last day of work) his work book with a record of dismissal entered into it.
When an employee is dismissed (termination of an employment contract), all entries made in his work book during his work in this organization are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the organization (personnel service) and the signature of the employee himself (except for cases specified in paragraph 36 of these Rules).

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 incorrect 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. Clause 36. If on the day of dismissal of the employee (termination of the employment contract) it is impossible to issue a work book, due to the absence of the employee 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 give consent to the sending her 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.
Clause 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.

A MONTH TO THINK
Not long ago State Duma considered the further “fate” of the work book, planning to remove it from circulation altogether, citing in particular the fact that the need for work books was caused in the era of war communism, as documents giving the right to a full food ration. The absence of a work book automatically reduced food rations by half. Is a work book so urgently needed now, except for the distant registration of a pension? this question discussed by the deputies - after all, “if there is a certificate of pension insurance, recommendation documents that the employee himself can submit for himself, requiring a work book is not so necessary and not so significant.” However, despite the arguments of opponents of the work book, it still continues to be a document confirming the employee’s work experience. It turns out that when the work book is no longer needed by its owner, he leaves it for “storage” in the company from which he quit. But personnel departments don’t need someone else’s work book either. On the contrary, for her illegal possession the employing company will have to pay considerable fines. In fact, new amendments to the Labor Code regarding the simple personnel procedure for issuing a new work book at any request of an employee lead to the fact that soon personnel departments will store full safes of work books that have been forgotten or left deliberately by their “owners.” And then such companies will not escape fines. In order to avoid this, the personnel department needs to take all the above steps within a month, and then, if the owner of the work record does not respond, he can be fired.

By giving detailed examples of such documents, the author intended to give a full recommendation regarding specific actions and their documentary evidence to implement the task of legally transferring the work book to its owner. It is enough for the employer to have copies of the documents sent by the company, their inventory and cash receipts for postal services with the date of dispatch, so that the inspector labor inspection clearly interpreted the situation and did not impose fines.

But if there were violations in the preparation of this document, the problem will be revealed and will affect both the employee, who will have to restore his seniority or run through the authorities, and the employer, who may be charged with this.

In some cases illegally registered labor will cause legal proceedings, fines and many troubles.

To prevent this from happening, both the employer and the employee must monitor the proper execution of the Labor Code.

How to get a work book for an employee

If you are applying for a job and do not yet have a work record, there is no need to worry about this. Naturally, you can only be hired in a place where work experience in your specialty is not required. Your specialty will be indicated in your educational documents, which may include:

• diploma of higher education;
• diploma of secondary specialized education;
• certificates of completion of courses;
• certificates of specialty assignment;
• similar documents;
• copy of school certificate.

Based on these documents, as well as your civil passport, you have the right to look for work in the specialty indicated in your documents, but without work experience. You will gain work experience after your work book is filled out and you work for a certain time at the first enterprise in your working life.

After working for some time, you will have work experience in your specialty, which any employer or personnel officer can determine. This will be a definite advantage for you, which will allow you to look for more favorable working conditions.

Drawing up a work book when applying for a job for the first time - a sample of filling out the title page:

Job details:

Where to contact?

At first you come to the employer without a work book. You inform him that you have no experience and have never worked anywhere. There is no point in starting a conversation about the fact that you need a work book, that you don’t have one yet. This may characterize you as an incompetent person.

You need to know that the employment form must be issued by the employer to fill out. After he hires you, he will need to create a TC for you.

Even if you work for a week, you have the right to request a book. They have no right to refuse you.

However, keep in mind that for people applying for a job for the first time, they are required to be present when filling out the book. On this basis, a week after getting a job, inquire about the fate of your work.

From your side confirmation must be provided what you did before joining this organization. For example:

• studied at school;
• in a technical school, college or lyceum;
• at an institute or university;
• attended courses;
• served in the ranks of the Russian Armed Forces.

Present the documents that you have after graduating from these institutions, as well as your military ID if you have just been demobilized. In principle, citizens liable for military service must always present it when applying for a job.

If you have not received an education document, for example:

• did not pass the exams;
• were expelled

you will have to provide a certificate.

If damaged

If the book has been damaged, the source of responsibility must be established. Of course, it will need to be replaced, but this must be done by the person responsible for the improper storage of documents. Labor is restored from the resources of the culprit.

If you are guilty, then when applying for a job you will need to provide a certificate with last place work (or without it) and request in accordance with Article 65 of the Labor Code of the Russian Federation.

Of course, it will not take into account the length of service for the previous period, but you will be able to continue working and gradually collect all the lost experience.

Labor Code of the Russian Federation, Chapter 11, Article 65. Documents presented when concluding an employment contract

Unless otherwise established by this Code, other federal laws, when concluding an employment contract, the person applying for work presents to the employer:

• passport or other identity document;
• work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
• insurance certificate of compulsory pension insurance;
• military registration documents - for those liable for military service and persons subject to conscription for military service;
• document on education and (or) qualifications or availability special knowledge- when applying for a job that requires special knowledge or special training;
• a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with this Code, other federal law, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to require from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of compulsory pension insurance are issued by the employer.

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.

To get a job you will need documents. These include:

1. Passport.
2. Education document.
3. Certificates, licenses, certificates confirming qualifications or rank.
4. If you changed your last name, bring a document confirming this fact.

In some cases, after providing documents and their photocopies, the employer begins to fill out the employment contract and does not start talking about filling out the employment contract - this is very good sign, which means that this enterprise takes increased care of employees.

In particular, some promotions, including getting a job, is paid by the enterprise (organization) from own funds . You shouldn’t be impatient and worry about whether the HR manager forgot to give you a TC.

For such forgetfulness, he will be charged with a serious fine, and in any case you will be given a labor report. The book, according to the instructions, must be filled out in your presence.

How to draw up and make a work book: application

Some personnel officers suggest writing an application in order to start new book for newly employed persons. This is necessary in order to deduct labor costs from your salary. In this case it is written in free form, in the name of the employer, with the obligatory indication of the fact that you require technical documentation.

And also with a request that the cost of the form be deducted from the salary. If you pay the cost at the cash desk in cash, an application may not be required.

The cost of TC can vary significantly. It all depends on what batches of labor forms are purchased and in what time frame they were purchased. How much does a work book cost? Currently their prices are:

1. For a batch from 5 to 99 pieces - 190 rubles.
2. For a batch of over 100 pieces – 110 rubles.

If the price of the form differs significantly from the specified price, the employer inflates it. He doesn't have legal law sell it at an inflated price in comparison with the one at which it was purchased.

When purchasing book forms, they are drawn up in special lists of statements, indicating the number of your form and the purchase price.

It is easy to check, and at the first inspection by GIT inspectors, such an enterprising personnel officer (employer) will be fined. If the amount is significantly underestimated:

1. The forms were purchased before the price change and were cheaper.
2. The company compensates part of the cost of the form.

A correctly executed work book - sample and examples:

Step-by-step instructions for employers

If you are an employer or, you need to approach the issue of preparing books very carefully. The slightest violation can lead to the development of problems. Therefore, keep in mind that you must fill out the form very carefully, and if by chance you make a blot or mistake, the form must be replaced.

For a person getting a job for the first time, the work book will need to be filled out in his presence. To do this, he must provide you with a passport and education document. The labor document must correspond to the passport data.

And if a different surname is written on the education (qualification) document, ask for a document confirming its change. For example, if a woman is married, she must provide a marriage certificate and a copy of it. The copy must be certified and placed in her personal file along with copies of other documents.

Filling out the title page will not be difficult, since it indicates what information needs to be entered. But it is necessary comply with the standards established by legislative documents. In particular:

1. Fill out the form legibly, neatly, without marks.
2. Use a blue or blue ballpoint pen purple, you can write in ink.
3. Dates must be indicated in Arabic numerals only.

They must be stored in the accounting safe, along with the receipt and expenditure ledger. You can take the form only with a receipt, which indicates which employee the work book is for, in accordance with the requirements of the Ministry of Labor No. 69.

If the form is damaged, it must be written off as an act and destroyed, and the next one must be taken to fill out. It is not prohibited for forms to be kept by a person authorized to maintain labor codes, as well as by an employer.

If you are a beginner entrepreneur and don’t know how to purchase forms, go to the website and order forms from intermediaries. They have a specialized power of attorney from Goznak and a license to distribute TC and TC forms.

Purchase the required batch immediately and store it in the organization so that they are always available, since the provision labor worker must be within 5 days from the date of conclusion of the employment contract.

If these deadlines are violated or other violations are committed, then GIT inspectors will impose fines that, at a minimum, fit in the amount from 300 to 5,000 rubles.

Before you start filling out the TC, you need legal basis. These include:

• job application;
• employment order;
• order to issue and fill out a labor form.

After the title page is completed, the owner of the work signature signs at the bottom. Signed below:

• Head of HR Department;
• or employer;
• or an authorized person.

If the enterprise is small and does not have a staff of persons responsible for office work, as well as a personnel department or similar, the employer has the right to grant the right to fill out labor records to the chief accountant, in accordance with the legislatively approved Rules of April 16, 2003 No. 225.

However, if he, without an order, filled out the labor report instead of the manager, using a fax stamp with his signature, this will be considered a violation.

When signing, be sure to follow the sequence and put:

• job title;
• signature (stroke);
• its decoding with initials.

When employing a foreign citizen, it is not necessary to create a labor code if he can be employed under a contract or otherwise.

However, according to his wishes and requirements, the TC will have to be established. Moreover, in accordance with Article 65 of the Labor Code of the Russian Federation, the employer does not have the right to refuse a person official employment. It is unacceptable to accept labor from foreign countries or take into account the length of service entered into the foreign citizen’s book, earned outside the Russian Federation.

In this case, it is necessary to clarify, in accordance with the list, his professional suitability. For persons with Soviet-style educational documents, the right to education is preserved. For others, confirmation of qualifications is provided if educational institution is not included in the list of generally valid ones.

Without this condition, the personnel officer fills out the technical documentation similar to a worker without education. The exception is made by invited specialists of high professional level by a collectively agreed upon official decision.

An important point will be to fill out the last name, first name and patronymic in Russian. In order for it to be entered correctly, a separate application from the employee will be required, in which he will personally confirm the correctness of the entered data, corresponding to the passport data in his native language.

If the personnel officer is the owner of the labor

When applying for a job in the HR department, a person should not fill out his own TC, since he always has alternative opportunities. In addition to the personnel officer, the employer can fill out any book. Labor HR will be no exception.

Accordingly, he can sign only in the place where the owner of the work signature signs, and below:

• signed by the employer;
• or a working (other) personnel officer;
• or a special authorized person.

The authorized person must be determined by a special order.

Among the negative reasons in this regard is the fact that a person without a work permit (see) is not considered a full-fledged employee, even if there is an order and an employment contract. If we are talking about dismissal, the question can be posed somewhat differently.

Conclusion

Filling out the Labor Code during the initial registration of an employee is an important step. In this case, there is no point in taking actions that are not regulated by law and treating this issue arbitrarily. After proper registration of the book, it must be registered in the accounting book and stored in a place that complies with the rules, for example, in a safe.