Registration of a work book for the first time in 2022: answers to all questions

We will tell you whether, when applying for a job in 2022, you need a paper work book, and whether to take an application for choosing the type of work book from new employees.

The transition to electronic documents with records of labor activity has been completed. Until 2022, employees had to decide which employer should keep a work record book for them: electronic or paper. If an employee goes to work for the first time after January 2022, he does not need to issue a work book. Save the document only in electronic form. You and the worker no longer have the opportunity to choose how to keep the book. You also don't need to ask for any statements.

Employment in 2022 with an old work book (in paper version)

Many people ask when they need a work book to get a job after January 1, 2022. The answer to this question depends on the situation.

The employee did not refuse a paper work record book

If there is no final entry in the document that an employee submits when applying for a job, it means that he has decided to keep a paper version of his document. In this case you must:

accept a work book;
make a note in it about accepting a new job;
keep records according to the old rules;
store the document in the organization.

That is, there are no changes in this scheme. If the employee at the previous place of work did not refuse the paper work book, new employers continue to maintain this document according to the general rules. Moreover, the employee has the right to switch to the electronic version at any time (clause 5 of Article 2 of Law 439-FZ). If an employee writes an application to switch to ETC, make a closing entry and hand over a paper book. The employee must make his choice in the form of a written statement.

An employee at his previous place of work switched to an electronic version of his work report

The answer to the question of whether a physical book is needed when applying for a job is positive. The fact is that when applying for a job, you need to ask him:

Work book with closing entry. In this case, the document remains with the employee; there is no need to enter information.
Form STD-R, received from the previous employer, or form STD-PFR, issued by the Pension Fund.

Attach the documents to the employee's personal file. A paper work book is required when applying for a job in 2022 to make sure there is a closing record, look at previous work experience and calculate the length of service to calculate payments. By the way, you need to explain to employees that all records of length of service from a paper work book can now be transferred to an individual personal account. This became possible thanks to amendments to the Federal Law of April 1996 No. 27-FZ.

Application for issuance of a work book for the first time

The application is drawn up in free form or on the company’s internal letterhead. It is important to note in the text that the document is drawn up in connection with initial employment. This is not a mandatory document, but most businesses prepare it for internal reporting. Sample application:

The cost of labor costs is deducted from the wages of the employed person.

Registration of a paper work book in 2022 for a new employee

Now let’s figure out whether a paper work book is needed if an employee is hired for the first time in 2022. In this case, you need to immediately create an electronic document for such an employee. Information about work activity should be stored only in electronic form (letter of the Ministry of Labor of the Russian Federation dated February 10, 2022 No. 14-2/B-136). Applications for choosing a book form, including electronic, are not accepted. Regardless of the employee's wishes, the law applies here. When hiring an inexperienced employee, you need to:

issue an order for employment in accordance with the general rules;
no later than the working day following the day the order is issued, send a report to the Pension Fund of the Russian Federation in the form SZV-TD with the code RECEPTION, reflecting there information on the conclusion of an employment contract with the employee.

How to fill out a work book

A blank work book form is filled out on the basis of three documents:

passport of the new employee or photocopies;
educational document;
employment order.

Find out how many work books you can have here.

A work book is issued to a person hired no later than seven days from the date of signing the relevant order. Within the same period, entries are made in this document about admission/transfer to a position, awards, and advanced training.

Information about dismissal is entered into the employment record on the same day, and the document is immediately handed over to the person with whom the employment relationship has been terminated. The presented sample will help you complete the correct registration of a work book for the first time.

The main spread indicates:

Full name - exactly as in the passport;
Date of Birth;
education, profession, specialty - as indicated in the provided education document.

Immediately after filling out this data, the personnel officer provides a work book to the employee for:

checking the entered data;
putting a personal signature.

Read about whether you need a work book to apply for a pension in this article https://otdelkadrov.online/5037-pravila-neobhodimye-dokumenty-pri-vydachi-trudovoi-knizhki-dlya-oformleniya-pensii

If the form is damaged, the personnel officer is obliged to draw up a corresponding act, and then write out the work book again.

Corrections in the work book relate to changes in the employee’s full name (if the person got married and took the surname of the spouse, etc.) or information about education. Correction order:

Carefully cross out the inscription with one line so that it is readable;
write down new information above;
next to it, enter the name, number and date of the document that served as the basis for the correction (marriage certificate, education diploma, other document);
certify the entry with the signature of the person who made the correction and the seal of the company.

Important: crossing out and correcting records of an employee’s work and incentives (awards) is strictly unacceptable.

After filling out the first spread of the work book, the personnel officer turns the page and makes an entry about hiring, indicating in the columns under the corresponding numbers:

serial number of the record;
date of admission;
“Hired for the position...” indicating the name of the company’s structural unit, if it is mentioned in the employment contract with the employee;
name, number and date of the decision (order, instruction) on hiring.

Please note: an employee who has submitted a written or oral application for the issuance of a work book for the first time has the right to demand from the personnel officer to make a record of study at a permanent department of a university, service in the Armed Forces, or another period included in the length of service after which the citizen is hired for work. If an employee has presented a document confirming military service after an entry about hiring has been made in the work book, it is allowed to enter data about the service after this entry.

Who is required to maintain electronic work books in 2022?

By 2022, the transition to electronic work books will be fully completed. There are no more delays. All Russian employers, regardless of their status and form of ownership, are required to generate information about the working life of their employees in digital format. This means the transition of all of Russia to ETC - new generation electronic books.

note
that no privileges or benefits are provided to representatives of small and medium-sized businesses. Individual entrepreneurs, LLCs and other SMEs are required to keep records of the labor activities of hired personnel in electronic form.

There are no exceptions, even if employees decide to continue maintaining paper work records in 2022. This is their legal right, which in no way cancels the employer’s obligation to timely provide information to the Pension Fund for generating information about the insurance period in digital form.

The employer does not have the right to refuse to store ETC in favor of paper documents. Regulation is provided for in Art. 66.1 Labor Code of the Russian Federation.

Age restrictions

According to the Labor Code of the Russian Federation (Article 63), it is allowed to employ citizens whose age has reached 16 years. Subject to certain conditions, employment of citizens under the specified age is possible.

Official employment of minor citizens aged 14 to 18 years is permitted when the child is not in full-time education, has completed general education, or if studies have been terminated taking into account legal norms.

Attention! From the age of 14, children during periods not occupied by schoolwork are allowed only harmless and uncomplicated work that does not interfere with educational activities.

Citizens under 14 years of age can work in some structures (concert, circus, theater). But such activities should not harm the physical or moral health of the child (Article 63 of the Labor Code of the Russian Federation).

To employ citizens under 16 years of age, permission from any of the guardians or parents and trustee structures, expressed in writing, is required.

What to do if the second parent does not agree to the conclusion of an employment contract for a person under 15 years of age ?

For which employees should ETC be introduced in 2022?

According to current standards, the ETC must be filled out separately for each employee with whom an employment contract has been concluded. In addition, the duration of the contract or the length of the working day does not matter. An employee needs to register an ETC, even if he works part-time. It is mandatory to maintain information about the work activities of employees on maternity leave, as well as on parental leave. ETC is also required for those who have taken self-employment leave, regardless of the duration. Since the employment contract does not terminate for this period.

When hiring an employee without work experience in 2022, the employer also needs to issue an electronic work book. An electronic work book for citizens entering an enterprise for the first time is formed without fail; such a specialist does not have the right to choose the format of the document. A request from such a specialist is not required. The procedure is provided for in Part 8 of Art. 2 of Law No. 439-FZ.

Generating information about work activity is also mandatory for part-time workers, both external and internal. Such workers do not need to fill out a paper work book; this is done only at the request of the employee himself. But in Article 66.1 of the Labor Code of the Russian Federation for electronic work books there are no such clauses.

Where and how to buy the form?

The Labor Code of the Russian Federation, as well as the Instructions for filling out work books, approved by the Ministry of Labor of the Russian Federation, contains an indication that this document, during its initial registration, when it comes to the first employment, is issued by the employer from its own reserves or purchased for provision to the employee.

If for some reason the employer does not have work books in reserve, the employee can purchase the form at his own expense, but then write an application for reimbursement of costs , providing the employer with sales and cash receipts for the purchase of this document form.

If the form was damaged the first time it was filled out, even if it was purchased by the employee, it is the employer who is required to issue a new one as a replacement.

The cost of this document varies depending on the region and ranges from 180 to 250 rubles. In this case, you should purchase only those forms that are produced by Goznak and have the appropriate degrees of protection.

Otherwise, the employer may not accept this document for use and completion.

Responsible for maintaining an electronic work record book in 2022

The employer independently establishes a responsible employee, whose functions will include maintaining work records and timely submission of information in the SZV-TD form to the Pension Fund. The legislation does not provide for clarification of who must fill out the ETC: an accountant or a specialist from the HR department. The manager can assign the responsibility for completing the ETC to the same employee who is responsible for issuing paper work books.

If the business is small, then the responsibilities will most likely be assigned to the chief accountant. In a micro-enterprise where there is no HR officer or accountant, the ETC can be filled out by the director himself. Be sure to assign in personnel documents to the responsible specialist the responsibility for maintaining electronic work books and submitting SZV-TD to the Pension Fund of the Russian Federation. First of all, you need to make changes to the employment contract and update the employee’s job descriptions. Then approve the order appointing a responsible person and familiarize this employee with the order against signature.

Important!
Only a specialist can be responsible for maintaining electronic work books. Drawing up an order for appointment to the position of head of the ETC in 2022 is carried out in any form. Or you can use the recommended sample given in paragraph 42 of the Order, approved by Order of the Ministry of Labor dated May 19, 2022 No. 320n.

Responsibility for two TCs

Here are several options for what will happen if you get a new work book for an employee:

All tax deductions are issued only to the main employer. If an employee submits applications for tax deductions to two employers, he faces tax liability - a fine in the amount of 20% of the amount of tax underpaid to the budget (Part 1 of Article 122 of the Tax Code of the Russian Federation).
When applying for a pension, the Pension Fund will take into account only one period for calculating the insurance period if the periods of work under different labor codes overlap.
The doctor will write out temporary disability benefits only for one main place of work: the doctor will never issue two sick leaves for two labor contracts from different employers. Attempts to receive benefits in two places are immediately regarded as illegal enrichment.
The violator faces criminal liability under Article 327 of the Criminal Code of the Russian Federation. Of course, it is difficult to call the second form fictitious if entries were made in it according to all the rules by employees of the HR department. But the fact that it is a second document acting as the first is illegal. If an employee applies to the Pension Fund of Russia with a fake form (one that he made himself), he faces liability for fraud under Art. 159 of the Criminal Code of the Russian Federation.

There is no separate standard explaining whether it is possible to create a new work book if you are fired under an article - in practice, employees periodically open a second labor book to hide the reason for dismissal; this is not prohibited. But the result is still the same: when applying for a pension, the Pension Fund will take into account only one period of work to calculate the insurance period.

How to draw up an ETC for an employee in 2022

Enter information about the length of service of hired personnel into a specialized accounting program. Reflect in the ETC all the information that is written in the paper form of the document. When hiring a new employee, ask him for information about his work activity in the form SZV-R or SZV-PFR, if the citizen has chosen an ETC from another employer. This information is necessary to confirm information about length of service, work experience, qualifications and skills. An employee can receive a statement of work activity:

at the previous employer, in the last place (submit a written request);
at the nearest MFC (apply with your passport);
in the Pension Fund support service;
online – through your personal account on the State Services portal.

If the employee brought a paper work record book, based on the information in the paper document, fill out a personal card for the new specialist. You cannot leave a paper book for storage; it must be returned to the employee. But the SZV-R form can be left in your personal file.

Mandatory reporting of SZV-TD to the Pension Fund - electronic work book in 2022. When hiring or dismissing an employee, the report is submitted no later than the next working day from the date of conclusion of the contract or termination of work. When compiling other personnel records that will be reflected in the ETC, the SZV-TD report must be submitted no later than the 15th day of the month following the reporting period.

Who can switch to ETC in 2022?

The right to switch to the ETC in 2022 is granted only to employees who have retained a paper version of maintaining information about the work activities of the insured person. And also for people who, for some reason, have not yet exercised their right to choose the method of maintaining labor and personnel records. For those working for the first time in 2022, only electronic work books will be issued. Please note that an application for a paper work book is useless for such people. The option is not provided for employees without work experience; the ETC is assigned to them by default.

Therefore, subordinates do not have the right to demand a paper document about their length of service in 2022. If an employee in 2022 or 202 decides to keep the paper format of the work book, he can switch to the ETC at any time. To do this, it is enough to submit a corresponding application to the employer. We recommend using a sample:

Important!
If a citizen switched to the ETC from a previous employer, then when changing jobs it is impossible to return to the paper format. The legislation does not provide for a reverse transition from the ETC to a paper work book. If a subordinate refuses to keep a paper work record book, the employer notifies the Pension Fund of this fact. This information is reflected in the individual personal account of the insured; this decision cannot be changed. Consequently, the employee cannot again maintain a paper book even at a new place of work.

Citizens who, due to certain circumstances, could not exercise their right to choose in terms of keeping records of their labor activities can submit a corresponding application at any time. You can choose the method of maintaining a work record in 2022 at your main place of work or during subsequent employment. For example, if a citizen:

For a long time he did not perform his official duties, but all this time he kept his job. These may be the following personnel situations: the employee was on long-term treatment; the employee was on parental leave; the subordinate was suspended from work.
You have work experience as of December 31, 2022, but you were not in an employment relationship and were not able to exercise your right to choose whether to switch to ETC or not.

As soon as the employee submits an application to switch to an electronic work book, the paper document must be returned to him. Before handing in the book, you must make a record of receipt of the employee’s application to switch to an electronic format of record keeping in accordance with Article 66.1 of the Labor Code of the Russian Federation. The deadline for issuing a paper book to the employee is no later than 3 days from the date of receipt of the corresponding application for the transition to the ETC.

Second workbook

The question of whether it is possible to get a new work book in a new place arises before a citizen when he:

decided to hide unpleasant facts from his previous professional activities from the employer;
trying to change profession;
lost the first form and doesn’t want to waste time looking for it;
trying to get two jobs at the same time.

The regulations explain whether it is possible to start a new work book if the old one has not expired - the only legal way to start a second form is to write a statement to the employer about the loss of the first copy. If the lost document is subsequently found, it will have to be accepted and stored.

If the employee’s words about the loss turn out to be a lie, the employer will not fire the offender, because, in fact, he “lost” and then found the TC. If a new employer issues an ETC to an employee, and the employee loses the paper copy issued to him, he will have to contact the last employer for a duplicate. Before you think about whether it is possible to get a new work book if the old one is not given back (the previous employer is in no hurry to issue a duplicate), it makes sense to find out about the responsibility for the decision made.

How to make a record of the transition to ETC in 2022

It is important that the employer follows the procedure for making entries in the employee’s personal documents when transferring to the ETC, as well as the rules for issuing the document. For violations, the employer may be fined under Art. 5.27 Code of Administrative Offenses of the Russian Federation. Instructions on how to make an entry in the work book about the transition to an electronic work book, example:

How to certify a record of transition to ETC in 2022

The last entry in the work book about the transition to the ETC must be certified. We recommend that you follow the established procedures for accounting for employee terminations. Instructions on how to certify an entry in a work book about the transition to an electronic work book:

Sign the employer or the person entrusted with maintaining work records in the company.
Place a stamp on documents if its use is provided for by regulatory legal acts.
The final entry must be certified by the employee himself.
As soon as the document is ready, the issuance of the form must be recorded in column 13 of the entry on the movement of the work book. The contents of the entry are as follows: “Issued on the basis of a written request (full name) for the employer to provide him (her) with information about work activity.

Important!
The entry in the issuance of a paper work book must be certified by the employee’s handwritten signature. From this moment on, the entrepreneur is not responsible for its contents and storage. Such clarifications were given by specialists from the Ministry of Labor in a letter dated February 12, 2022 No. 14-2-B-150.

Fines for violating the rules for maintaining electronic work books in 2022

Russian legislation provides for penalties for employers for the following types of violations:

for the loss of an employee’s paper work record book;
for failure to keep a paper or electronic work record book,
for refusal to issue a paper book or extract information in electronic form.

For the first violation - a fine under Part 1 of Article 5.27 of the Administrative Code; for companies this is a fine from 30,000 to 50,000 rubles. For repeated violation - sanctions under Part 2 of Article 5.27 of the Code of Administrative Offences.

Moreover, the employer is obliged to compensate for loss of income in all cases where the employee was unlawfully deprived of the opportunity to work. Including when:

the employee was issued information about work activity or a work book late;
There were incorrect or inconsistent formulations of the reasons for dismissal in the work book and information about work activities that do not comply with the requirements of the Labor Code of the Russian Federation.

Such sanctions are provided for in Article 234 of the Labor Code of the Russian Federation.

Purchasing a work book

Some information

The employer is required to have the required number of work book forms and inserts in it in accordance with the law. And he has no right to demand that the employee buy a work book on his own. When issuing a work book to an employee, the employer has the right to charge him a fee, the amount of which is determined by the amount of expenses for its acquisition.

When figuring out how to get a work book for the first time, it is important not to make a mistake about who should purchase the document form - the employee himself in a bookstore (at the market, at a kiosk) or the employer.

It is not recommended to buy a work book form yourself, since there is a risk of buying a copy that does not meet current standards or was manufactured by an enterprise that does not have the right to produce such forms.

Important: the employer is obliged to purchase work books for staff, and he does not have the right to demand that the hired employee buy the form on his own.

The employer must also:

maintain a special book for recording the issuance, storage and receipt and expenditure of work books, where documents of new employees are registered;
store workers’ work books, being responsible for their safety;
hand out a work book to the employee upon his dismissal, making an appropriate entry in the above book.

Please note: after registering a work book for the first time, the law allows the employer to deduct its cost from the salary of the employee for whom the work book has been opened. But only on the basis of a special order, which must be familiarized to the employee against his signature. This amount cannot be deducted from a person's salary without his consent.