Any organization that hires workers is required to maintain work books: either paper or electronic.
An entry about employment in a paper work book must be made if the employee has worked for more than five days
, and this work is his main one.
Remote workers who want a record of work to be included in their paper work record must provide the book to the employer. It can be sent to the organization by registered mail.
Requirements for entries in the work book
Entries in the work book must be made carefully, using light-resistant black, blue or purple ink and without any abbreviations. It is not allowed to write “pr.” instead of “order”, “order” instead of “order”, “trans.” instead of "translated".
According to the new rules, which are in force from September 1, 2022, entries can be made in whole or in part using technical means by transferring dyes or in the form of a stamp (seal). That is, it is allowed to use stamps.
The serial number of the entry and the date must be written in Arabic numerals. The date and month are in double digits. Year - four digits).
Read in the berator “Practical Encyclopedia of an Accountant”
Registration of a work book when applying for a job
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Question: “Are penalties included in work books?”
- regulated by Art. 66 Labor Code of the Russian Federation. It says that only penalties associated with dismissal due to a disciplinary offense can be reflected in the work book. If information about disciplinary dismissal, which is recognized as illegal, is included in the labor report, then instead the employer draws up a duplicate, where such information is not indicated. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How to fill out information about an employee in a work book
Information about the employee is collected on the title page of the work book. This:
- Full Name;
- Date of Birth;
- Education;
- Profession, specialty
All information must be entered on the basis of documents: passport, birth certificate.
How to make an entry in the labor record about a change of surname
If an employee changes his last name, a document is needed to make changes to the work book:
- or marriage registration certificate,
- or a certificate of divorce,
- or a certificate of name change.
A record of a change of surname is made according to the following rules. The previous data - last name, first name, middle name, date of birth - must be crossed out. Enter the new data next to it.
On the inside cover you need to write down the details of the document that was the basis for recording the change of surname: number, date and authority that issued the document.
All this is certified by the signature of the head and the seal of the organization.
Everything that is on the title page:
New format and new procedure for maintaining work books
How to enter information about education and profession into the work book
Information about education and profession is located on the title page of the work book.
New data on education, profession or specialty is entered in addition to those previously entered. There is no need to cross out the original entries. New ones must be entered as if in continuation of the previous ones, separated by a comma after them.
Information about penalties
Information about penalties is not entered into the work book, except for the disciplinary sanction that caused the dismissal.
Briefly:
From September 1, 2022 – new rules for work books
conclusions
A work book is issued to every citizen working on an official basis. It contains records of the employee’s employment, dismissal, promotions and awards. Data on disciplinary sanctions are not reflected in the document.
As a result of a gross violation of industrial discipline, the employer may decide to terminate relations with the offending employee. It should be remembered that even in this case, the fact that a disciplinary sanction was announced to an employee is not entered into the labor report. In this situation, the manager can only indicate that the reason for dismissal was a violation of production discipline.
How to enter information about work into a work book
All entries about work, transfer, qualifications, awards are entered into the work book based on orders, instructions or other decisions of the employer.
All entries, except records of dismissal, are made no later than 5 working days from the date of signing of the administrative document by the head of the company,
An entry about dismissal must be made in the work book on the day of dismissal in strict accordance with the reason specified in the order.
In column 3 of the “Work Information” section of the work book, you must enter the full name of the organization and the abbreviated name (if any) as a heading.
Below the heading in column 1 the serial number of the entry is indicated.
Column 2 indicates the date of employment.
In column 3, an entry is made about which structural unit the employee was hired into, indicating the name of the position, specialty, profession and qualifications.
Column 4 contains the date and number of the order or other decision of the employer, according to which the employee was hired.
Entry in the work book about the transfer
If the temporary transfer becomes permanent, the following entry is made in the work book:
- in column 1 of the “Work Information” section, enter the serial number of the entry,
- Column 2 indicates the date of actual commencement of the employee’s duties in connection with the temporary transfer,
- in column 3 - the name of the structural unit, the name of the position, specialty, profession indicating qualifications,
- in column 4 - the date and number of the order or other decision of the employer, on the basis of which the employee was temporarily transferred and on the basis of which the employee was transferred on a permanent basis.
Entry in the work book for part-time work
At the request of the employee, an entry about part-time work can be made in his work book. Such an entry is made at the main place of work on the basis of a document confirming part-time work.
If an employee is unemployed, a record of his previous part-time work can be made directly by the former employer.
Records of part-time work, transfer and dismissal can be made in chronological order or in blocks (simultaneously about admission and dismissal).
Corrections to the work book
In the sections “Information about work” and “Information about awards” of the work book, crossing out previously made entries is not allowed. Even if they were incorrect or declared invalid.
Read in the berator “Practical Encyclopedia of an Accountant”
Correcting errors in the work book
Entry into the labor record in connection with a change in the name of the organization
If the name of the organization changes during work, this must be recorded on a separate line.
In column 3 of the “Work Information” section. The entry should look like this: “Organization (name, date of renaming) was renamed (new name of the organization).”
Column 4 contains the basis for the renaming: the order, its date and number.
How to record a dismissal in a work book
An entry about dismissal must be made in the work book on the day of dismissal in strict accordance with the reason specified in the order and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.
The reason for dismissal (termination of employment contract) is entered in strict accordance with the wording of the Labor Code of the Russian Federation:
- Column 1 contains the serial number of the entry;
- Column 2 indicates the date of dismissal (termination of the employment contract);
- in column 3 an entry is made about the reason for dismissal (termination of the employment contract);
- Column 4 indicates the name of the document on the basis of which the entry was made - an order (instruction) or other decision of the employer, its date and number.
The date of dismissal is considered the last day of work, unless otherwise provided by the employment contract or agreement of the parties.
Dismissal at the initiative of the employee
When an employment contract is terminated at the initiative of the employee under Article 77 of the Labor Code of the Russian Federation, in addition to dismissal, a record of dismissal is made in the work book with reference to paragraph one of Article 77 of the Labor Code of the Russian Federation.
When terminating an employment contract at the initiative of an employee on grounds related to the provision of certain benefits, a record of dismissal is made indicating these grounds.
Dismissal at the initiative of the employer
If an employee is fired at the initiative of the employer (clause 4 of Article 77 of the Labor Code of the Russian Federation), an entry about the dismissal is made in the work book with reference to the subclause, paragraph one of Article 81 of the Labor Code of the Russian Federation.
Dismissal does not depend on the will of the parties
If the employment contract is terminated due to circumstances beyond the control of the parties (clause 10 of Article 77 of the Labor Code of the Russian Federation), an entry is made in the work book with reference to clause of part one of Article 83 of the Labor Code of the Russian Federation.
Translation
If an employee is fired due to transfer to another permanent job in another organization, in column 3 of the “Information about work” section of the work book, it is indicated in what order the transfer is carried out: at the request of the employee or with his consent, and the name of the organization or individual entrepreneur to which the employee is transferred .
At the new place of work, in column 3 of the “Information about work” section, an entry about admission is made, indicating that the employee was hired as a transfer.
Dismissal due to transfer to an elected position
When an employee is dismissed in connection with the transfer of an employee to an elective position to another in another organization), the following entry is made in the work book: “Dismissed in connection with the transfer to an elective job (position) in (the name of the organization is indicated), paragraph 5 of part one of Article 77 of the Labor Code of the Russian Federation "
At a new place of work, after indicating the full name of the elected body, as well as the abbreviated name of the elected body (if any), in column 3 of the “Work Information” section of the work book, an entry is made about what job (position) the employee was elected to, and in the column 4 indicates the decision of the elected body, the date and number of its adoption.
Dismissal of a convicted person
When an employment contract is terminated with a person convicted by a court sentence of deprivation of the right to hold certain positions or engage in certain activities and who has not served his sentence, an entry is made in the work book about on what basis, for what period and what position he is deprived of the right to hold (what activities he is deprived of) right to practice).
If the employee was convicted illegally, all records are considered invalid. The employee has the right to receive a duplicate work permit.
Penalties are the result of disciplinary offenses
Failure to fulfill or improper performance of labor duties assigned to an employee is called a disciplinary offense (Article 192 of the Labor Code of the Russian Federation). An employee who has committed a disciplinary offense can be held accountable by applying disciplinary measures to him.
It is necessary to understand that filing a disciplinary sanction is a right, not an obligation of the organization. Therefore, the decision to formalize the committed offense remains at the discretion of the employer (organization or individual entrepreneur).
This aspect of labor relations is strictly regulated by the Labor Code, and an employer who decides to punish an employee must adhere to the established procedure. The Labor Code of the Russian Federation establishes a list of disciplinary offenses that can be applied to an offending employee (for more details, see “Types of disciplinary sanctions under the Labor Code”):
- comment;
- rebuke;
- dismissal.
These types of penalties are in order of increasing responsibility depending on the severity of the offense. That is, a reprimand is the mildest measure of disciplinary action, and dismissal is the most severe (for more information on this, see “Dismissal: a type of disciplinary sanction” NOT YET UPDATED).
All important events in the life of an organization are documented in primary documents, and an employee’s disciplinary offense is no exception. Therefore, when an employee commits an offense, an order must be issued to impose a disciplinary sanction.
The sample order for disciplinary action will differ depending on what type of punishment is chosen:
- a sample order for a disciplinary sanction in the form of a comment (for more information, see “Drawing up an order for a disciplinary sanction in the form of a comment (sample)”);
- a sample order for a disciplinary sanction in the form of a reprimand (for more information, see “Issuing an order for a disciplinary sanction in the form of a reprimand (sample)”);
- a sample order for a disciplinary sanction in the form of dismissal (for more information, see “We issue an order for a disciplinary sanction in the form of dismissal”).
How to maintain the “Information about awards” section of a work book
The work book contains information about awards (incentives) for labor merits:
a) on the awarding of state awards, including the conferment of state honorary titles;
b) on awarding awards from the President of the Russian Federation and the Government of the Russian Federation, awards from federal and regional authorities, local governments, trade unions (in relation to trade union members);
c) on awarding certificates of honor, badges, badges, diplomas by employers;
d) 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.
Information about awards is given in the following order:
- in column 3 of the “Information about awarding” section of the work book, the full name of the organization is indicated as a heading, as well as the abbreviated name of the organization (if any);
- below in column 1 the serial number of the entry is entered (numbering increasing throughout the entire period of the employee’s work activity);
- Column 2 indicates the date of award;
- Column 3 records who awarded the employee, for what achievements and with what award;
- Column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number.
How to obtain a duplicate work book
Employees who have lost their work book must immediately notify their employer and write an application for a duplicate.
The employer is obliged to issue a duplicate work book no later than 15 working days from the date the employee submits the application.
The following information is included in the duplicate:
a) last name, first name, patronymic (if any), date of birth of the employee;
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);
c) information about the employee indicated on the title page of the work book is filled out as follows:
- surname, first name and patronymic are indicated in full, without abbreviations or replacing the first and patronymic names with initials,
- the date of birth is recorded in full (day, month, year) on the basis of a passport or other identity document;
- registration of education (basic general, secondary general, secondary vocational, higher (bachelor's, specialist's, master's, training of highly qualified personnel) is carried out only on the basis of educational documents (certificate, certificate, diploma);
- profession and (or) specialty are indicated 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) or other properly executed documents;
d) after indicating the date of filling out the work book, the employee, with his signature on the title page of the work book, certifies the correctness of the information entered;
e) the title page of the work book is also signed by the person responsible for issuing work books, after which the organization’s seal is affixed;
f) information about the employee’s total work experience before joining this employer, confirmed by documents;
g) information about work and rewards (incentives) that were entered into the work book at the last place of work.
If there were previously entries in the work book that were later declared invalid, they may not be included in the duplicate.
If there is a massive loss of work records by an employer as a result of emergencies or natural disasters, the length of service of employees is determined by a commission created by executive authorities. The commission includes a representative of the employer, trade union or other representative bodies and interested organizations.
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, the length of service, including that established on the basis of witness testimony, can be confirmed in court.
A duplicate of the work book is issued in the same manner if the work book (insert) has become unusable (burnt, torn, stained).
When issuing a duplicate, the following inscription is made in the upper right corner of the first page of the duplicate work book: “Duplicate”. On the first page (title page) of the previous work book it is written: “Instead, a duplicate was issued,” indicating its series and number.
Issuing a work book to an employee
A work record book can be issued to an employee only on the basis of a written application.
The book must be issued no later than three working days from the date the employee submits the application. In this case, no entries are made in the work book.
Transition to electronic labor
If an employee switches to an electronic work report, he is given a paper one with the corresponding entry:
- Column 1 contains the serial number of the entry being made,
- column 2 indicates the date of issue of the work book,
- in column 3 an entry is made “A written application has been submitted to provide information about labor activity in accordance with Article 66.1 of the Labor Code of the Russian Federation”,
- Column 4 indicates the employee’s application, indicating the date and number of his registration.
Upon dismissal
When an employee is dismissed, a work book must be issued on the day of dismissal (the last day of work) with a note of dismissal included in it.
If it is impossible to hand over a work record book on the day of dismissal, the employee must be notified of the need to appear for a work record book or agree to have it sent by mail. You can send work by mail only with written consent to the address specified in the application.
From the day the employee is notified of the need to obtain a work book, the employer is released from liability for the delay in issuing a work book.
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 a member of the employee’s family.
Work books and duplicates of work books not received by employees are kept by the employer until required.
Previously on the topic:
New labor rules: clarifications from the Ministry of Labor
