How to get a work book for the first time: procedure, application, labor code and registration rules

From the beginning of 2022, “Information on labor activity” (form SZV-TD) is submitted to the Pension Fund for all persons working under employment contracts. Employers are required to report on each employee in respect of whom any personnel measures were taken - hiring, dismissal, transfer to another job, etc. It is from this data transmitted by the employer that the Pension Fund of the Russian Federation creates electronic work books (ELC) for each person registered in the pension insurance system. It does not matter whether the employee abandoned the paper work record or continues to use it. An employee can get acquainted with the data of his ETC in various ways, including by receiving an extract from the work record book through the State Services. We'll tell you how to do this.

What it is?

A work book is a document that includes information about the work activity and work experience of citizens. The new model was established by the Government Decree “On Work Books”, published on April 16, 2003 under No. 225.

The document has additional security measures. This is the inscription “Work book” glowing in ultraviolet light, a special seam holding the pages together. The sheets are created from special paper containing watermarks. The sale of legal documents is carried out by the official distributor under a sales agreement.

The new copy has a gray cover with the Russian coat of arms on it. It has a smaller format compared to the book that was valid previously. It has four additional pages.

Books are sold in:

trading companies selling office supplies;
wholesale trading companies that deal with direct deliveries;
sales departments of the Goznak association.

The employer may require the person hired to reimburse the expenses incurred for the purchase of the book. When an employee is hired for the first time, the document is drawn up within the working week.

About the new form of work book

The Ministry of Labor has made adjustments to the work book form, which was originally planned for use from September 1, 2022. But later officials postponed the date of use - the new form will need to be applied to new work books from 2023.

Accordingly, from September 1, employers will use the old forms of work books. However, they still need to be filled out according to the adjusted rules.

Attention!

To ensure mobile interaction between employees and accounting departments on personnel issues, the 1C:Employee Account service was launched.

In their personal account via the Internet, employees will be able to receive payslips, a 2-NDFL certificate and other documents, and in turn, employees can send a vacation application, notice of absence, advance report, sick leave in electronic form.

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Norms

The rules for maintaining the chronology of labor work are established by federal law. The Decree of the Government of the Russian Federation No. 225 and the Decree of the Ministry of Labor of the Russian Federation No. 69 are in force, which indicate the forms of the document and its samples. Filling out the work book for the first time is carried out according to the specified rules.

Clause 8 of Resolution No. 225 states that with initial employment, employers create a book at the expense of the enterprise. The document is issued for all employees who have begun their duties and have been performing them for at least a calendar week. Similar rules include Art. 66 of the Labor Code of the Russian Federation, which states that employment records are made no later than 5 working days.

Employees cannot independently enter any information into the work book. This is performed only by a specialist from the personnel department of the enterprise where the employment was registered under an employment contract.

How and to whom is a work book issued in the event of the death of an employee?

Issuing a work permit to the relatives of a deceased employee is an important issue, since this is the basis for compensation payments from the enterprise, the relatives receiving a part of the funded pension, etc.

Here one should rely on the Labor Code, where Article 83 states that the death of an employee is one of the grounds for unilateral termination of an employment contract. To issue an appropriate order, you need a person’s death certificate or a court decision according to which he is declared missing or dead. Only original documents can be accepted.

For the order, only form No. T-8 is used; you can download the document using the hyperlink. The order must contain the following information:

Company name (full).
The serial number of the order (according to the numbering adopted by the company) and the date of its preparation.
The period of validity of the employment contract is from the moment of conclusion to the day indicated on the death certificate.
A note indicating that this is precisely the termination of the employment contract. In this case, the wording “dismiss” should be crossed out with a thin line.
Basic data of the former employee - full name, personnel number, department where he was registered, position, etc.
The basis for termination of the contract is clause 6 of part 1 of Article 83 of the Labor Code of the Russian Federation.
Details of a person's death certificate.
Director's visa with transcript.

The order on form T-8 is slightly different from the standard dismissal order

After issuing and registering the order, the personnel employee begins to draw up the work book, transferring its details and wording to the register. The entry is formulated as follows: “The employment contract was terminated due to the death of the employee.”

The regulatory regulations for issuing a work book for a deceased employee are enshrined in Part 37 of Section IV of the Decree of the Government of the Russian Federation “On Work Books”. It states here that the work permit can only be issued to a relative of a deceased employee. His identity must be identified. For example, if a wife receives a work permit, in addition to her passport, a marriage registration certificate must be presented. For children, parents, sisters or brothers, you will need a passport and birth certificate. This norm is also specified in the instructions of the Ministry of Labor, which regulates the rules for filling out and storing labor registers.

The same issuance methods apply here:

Handover personally into the hands of one of the relatives. In this option, the recipient must write a receipt confirming that the work book has been issued to him. It is compiled in any form, but in compliance with standard document flow rules. That is, the document must contain:
recipient's identification data (passport and residential address);
details of the work book in whose name it is written out;
information about the relationship of the deceased recipient;
recording the refusal of claims against the employer regarding registration of the book.
The personnel officer must record at the bottom of the receipt the details of the documents that were presented by the recipient
Direction by mail to the address of one of the relatives. Here you need to first obtain a statement from a relative indicating his full address of residence (with zip code). As with the standard sending of labor, in this option an inventory of the attachment is drawn up, the letter is sent by registered mail with delivery notification.

Please note that the transfer of the labor register to a relative must comply with all other procedural points, including:

familiarization with the order to terminate the contract (with the deceased);
endorsement of the fact of receipt of the book in the accounting journal;
providing a receipt for receipt.

If several relatives are applying for a work record book (and compensation), it should be noted that the personnel officer is not required to understand the degrees of relationship. It is recommended to simply issue the register to the first person who comes and registers their right accordingly. Subsequent applicants for obtaining a work record are simply issued a certificate indicating: the date, full name of the person who received the document, and the reasons for which the work record was issued to him.

Order

The work book indicates the citizen’s work history. When a person applies for a pension, it is this document that serves as confirmation of length of service. Every employee once had a work book for the first time. You should not make mistakes in entering your passport details.

How to create a work book for the first time? The HR specialist of a company or individual entrepreneur fills out this document in the presence of the hired specialist, and then must check the correctness of the information indicated. If there is an error, the employee must request that the form be filled out again.

You cannot prepare a work book yourself for the first time. This should be done by a personnel officer or other representative of the employer. The law does not provide for the preparation of an application. But some employers require an application to open a work book for the first time.

If an employee for whom a record book is issued at the first job also gets a job in another company, there is no need to issue a second record book. In the second place, he will work part-time. It is up to the employee to decide whether to provide information about a given work period. The registration for admission to the second place is made by a personnel specialist at the main place. But for this you need to show him a supporting document.

When can a work book be issued to an employee?

During the period when the employee is registered at the enterprise at his main place of work, the labor record is stored in the personnel management service (in personnel). Part-time workers register their employment at their main place.

In fact, there is only one option when a labor register is issued to an employee - dismissal. In all other life situations, as a rule, an official extract (certified by the employer’s seal) or a notarized copy of the original is prepared. One of these documents must be provided to the employee within three days after his written application.

The Labor Code does not contain a direct ban on the issuance of work books to employees. But when considering this issue, one must rely on Resolution No. 225, which determines that while a person is registered at the enterprise, the employer bears full responsibility for organizing the work of maintaining, storing, recording and issuing work books. Or rather, an official appointed by order for the enterprise. Therefore, if the work document is lost or damaged during this period, all responsibility will be assigned to the personnel officer. Even if the employee signed in the logbook that he received it. That is, the personnel officer can issue a book, but it is safer to make a copy of it (see Rostrud notification No. 656–6-0).

For the Pension Fund you need to make a complete copy of the labor register. And for other institutions a simple extract from the employment record will be enough; it may be needed:

when contacting a credit institution;
for submission to the FSSP, for example, bailiffs may require it when assigning alimony;
upon receipt of a passport or visa;
if the employee needs to confirm qualifications.

Statement

How to create a work book? Sometimes employers require you to write a statement. It is drawn up on A4 sheet. It is written according to the following rules:

In the middle it says “Statement”.
Then you need to write about the need to draw up a book due to the conclusion of an employment contract and Part 4 of Art. 65 Labor Code of the Russian Federation.
Then the date and signature with a transcript are indicated.

This is a standard application form. But usually they don’t require it. The main thing is only the correct filling, maintenance of the document, as well as its storage and issuance.

Vacation schedule for new employees

Last year, the vacation schedule should have been approved before December 17, 2020 (Part 1 of Article 123 of the Labor Code of the Russian Federation). The vacation schedule had to indicate all employees who were in labor relations with the organization on the day of its approval, even those who quit before the end of the year (Letter of the Ministry of Labor of Russia dated 04/09/2020 No. 14-2/B-395).

The employer is not obliged to make changes to the approved vacation schedule when hiring new employees , since such a procedure is not established by labor legislation, and the absence of such changes cannot be grounds for administrative liability.

In practice, this issue is resolved in two ways:

no changes are made to the current vacation schedule, and a new employee, if he wishes to go on vacation, simply writes an application for leave and coordinates it with the manager (Part 1 of Article 123 of the Labor Code of the Russian Federation);
To the current vacation schedule, an annex is drawn up according to the unified form No. T-7, which includes information about vacations for new employees. The application is approved in the same manner as the schedule.

You can enshrine the method you choose in a local legal act, but this is not necessary, since this is a right, not an obligation, of the employer.

New employees should be included in the vacation schedule only if such a procedure is established by a local act of your organization.

Acquisition

The employer must have the required number of work book forms and inserts in it according to the law. He cannot demand that the employee buy the document himself. When issuing a book, the employer may charge a fee, the amount of which is determined by the amount of expenses for its purchase.

When considering the topic of how to create a work book for the first time, you should determine who needs to buy the form - the employee or the employer. It is not advisable to purchase a form yourself, as there is a risk of purchasing a copy that does not meet the standards, or created by an enterprise that does not have the right to do so.

The employer must buy the books. His responsibilities include:

maintaining a book on issuance, storage, receipts and expenses, registration of documents of new employees;
storage of books;
issuance of documents upon dismissal with a record.

After completing the document, the employer has the right to withhold the price of the work book from the employee’s salary. But this is done after the order is issued, which should be familiarized to the employee against signature. The amount cannot be calculated without the consent of the person.

How to get another work book

The work book must be created by the first employer, and then it is transferred along with the new employment, or a part-time job must be registered in other jobs. But in practice, situations may arise when a person, after being fired, lost his work book and found it after registering a duplicate. Or he deliberately went into hiding so as not to make the unpleasant recordings public. Now there are two copies available, which, although not directly permitted, is not prohibited by the laws of the Russian Federation. There is no punishment for this.

However, if the employer finds out that the employee has unprovided labor, he will have the right to dismiss him. Reason: provision of false documents during employment.

An employee does not need two work books: when the time comes to apply for a pension or some kind of benefit, he will need to provide only one, both at the same time “pull” for fraud.

If the second work is fake, this is a direct forgery and criminal liability.

Therefore, in most cases, the employee does not need a second labor report: it is much more advisable to follow the legislation of the Russian Federation.

Filling

How to create a work book for the first time? A blank form is filled out using three documents:

passport;
educational document;
order.

The work book is issued after signing the order. During the same time, records of admission/transfer to a position, awards, and advanced training are made. Information about dismissal must be submitted on the same day, and the document will be immediately provided. How to create a work book for the first time? This sample form will allow you to do this correctly:

On page 1 the full name is indicated. as in the passport, date of birth, education, profession, specialty.
After specifying this information, the personnel officer provides the book to the employee for verification and signature.

If the form is damaged, then the personnel officer must draw up a report and then write out the work book again. Corrections refer to changes in full name. employee (if the marriage was formalized) or education data. The correction rules are as follows:

Cross out the inscription with one line so that it is readable.
New data is recorded above.
Next to it is the name, number and date of the document, which is considered the basis for correction.
The entry is certified by the signature of the person who made the correction, as well as the seal of the enterprise.

Cross-outs and corrections of records of work and rewards are not allowed. When the first spread is completed, you need to turn the page and enter information about hiring, recording in the columns the number, date, and the phrase “hired for the position ...” indicating the name of the company’s division, if it is in the employment contract. The name, number and date of the decision are also recorded.

An employee who is issued a book for the first time may require records of studies at a permanent department of a university, service in the Armed Forces or another period included in the work experience. If the employee presented a document confirming military service, then after making a record of employment, you can enter data about this.

When is a work book created? This is done upon first official employment. Moreover, this can happen both from the age of 18 and later.

We looked at all the rules on how to open a work book for the first time. It is important to adhere to them in order for the document to be legally binding. In case of violations of its filling, urgent correction of all defects is required.

Methods of transferring a work book to an employee

The employer must hand over to the employee his work book only on the last day of his work at the enterprise with a notice of dismissal included in it. The exception here is when the employee first goes on vacation and quits without going to work. Then the work permit is issued on the first day of the registered vacation.

Both the employer and the employee should remember that if the labor register is not issued on time, the dismissed person has the right to compensation. Labor law regards such a delay as an obstacle to a person’s employment. Compensation will be calculated for each day of delay.

Registration of a work book provides for the affixing of a seal only in the event of dismissal (or reorganization). There is no stamp placed upon hiring.

The second way to issue a labor document when a person has left and does not come for the document is to send a notification to the address indicated in the personal file that he should receive his labor register. It indicates the outgoing number of the document flow letter, the date of sending, and then outlines the essence of the matter. The document is endorsed by the general director of the enterprise.

The notification is drawn up in free form; you need company details and a statement of the essence

It may be noted here that a former employee can consent to the sending of his document by post, but only by stating this in writing (indicating the exact address). The register must be sent by registered mail with a list of the contents and a receipt. An employee of the personnel service has the right to put down all the marks and entries required by law in the book for recording the movement of work records. The fact is recorded by a postal receipt of dispatch and a subsequent notification of delivery. Accordingly, all records provide a link to postal documents.

Please note: in a labor dispute, the court sides with the employer if the company’s internal regulations state that the employee is obliged to promptly (indicating the time frame) inform the personnel officer responsible for document flow information when changing the address of residence. Then any argument (like “I didn’t receive a notification because I don’t live there”) is invalid.

Often HR officers have a question: is it possible to issue a document to a person who came with a power of attorney issued by the owner of the book. The Labor Code of the Russian Federation, as well as other normative acts of labor law, do not provide for such a procedure. And this is logical, since as long as there is an employment relationship between the employer and the employee, the labor register must be kept in the company, and can only be issued on the day of dismissal. This is regulated by Article 841 of the Labor Code of the Russian Federation. But the day after dismissal, all relations with the former employee are regulated not by labor law, but by civil law. And it follows from this that, based on Article 185 of the Civil Code of the Russian Federation, a person has the right to appoint a proxy to receive the document. The former employer must issue him a work book, but only if all the conditions are met:

the power of attorney is certified by a notary (in accordance with Article 185 of the Civil Code of the Russian Federation);
the power of attorney contains complete information about both parties - full name, passport details and address of residence;
the authorized representative presented the original passport for identification;
the power of attorney indicates the specific actions for which it was issued (in our case - to obtain a work permit from a specific company, sign for receipt in a journal, a T-2 card, make sure that it is correctly executed, etc.);
The power of attorney contains the date of issue and its validity period. Without the first requisite, the paper is invalid (see Article 186 of the Civil Code of the Russian Federation). If a specific period is not specified, it is valid for one year (the maximum validity period of a power of attorney is 3 years).

The main thing is that the power of attorney is properly executed

Plus, in this case, it is necessary to take a receipt from the recipient for receiving the labor document, where it should be noted that there are no claims on his part regarding the registration of the book.

The HR employee must check all documents from the recipient, record his passport details and endorse the receipt

Storage and issue

The article indicates the nuances of how to obtain a work book for the first time since 18 years of age. It is from this age that official employment is permitted. But how to get a work book for the first time since you were 14 years old? Sometimes registration is allowed from this age, but with the permission of parents and guardianship authorities. In any case, you need to know how to open a work book, even if it is opened for a minor.

A document that is stored in an organization cannot be issued for the period when the employment relationship is formalized. If it is needed to be submitted to a certain authority, then an application must be made to the employer to provide a copy of the work record book or an extract from it.

The employer must comply with such a request. And authorities cannot require the original document to be provided if it is located at the main place of work.

The employer refuses to issue a work permit: how to solve the problem

Quite often it happens that the employer and employee part as bitter enemies. In retaliation, the former employer may flatly refuse to give the unwanted employee his work book.

If all possibilities to reach an agreement with him through oral negotiations have been exhausted, then there is only one option left: go to court.

But first you should stock up on a copy of a written statement, the original of which must be given to the employer. In it, you should ask the former employer in any form to issue a work book and put a date on it. If after three days the work permit is not issued, then you can safely go to court with this application.

As compensation in a statement of claim, you can demand an amount equal to the average salary for the period of forced absence due to the lack of a work book. As practice shows, in such cases the courts accommodate employees halfway and award them financial compensation.

Loss

When considering the topic of how to create a new work book for the first time, you need to know the nuances regarding its loss. If this happened due to the fault of the company where the document was located, then the employer must restore the lost document:

extract of a duplicate;
restoration of data on length of service and other records - for this, requests are submitted to the necessary services and expenses are paid.

If the book is lost by the employee, a duplicate is provided by the employer upon application. But the restoration of information will be the concern of the person who caused the loss.

How to get a work book if you lose it

No one is immune from the unexpected loss of a work record. It is clear that it is unlikely that it will be possible to return the original, but in this case you can get a duplicate. To do this, you need to contact your employer at your last place of work. This must be done in writing:

or by personally submitting an application for a duplicate,
or by sending a letter by Russian Post with an inventory and notification of delivery.

When registering a duplicate, the HR department specialist will make a note about the restoration of seniority. In this case, you will only be able to re-enter information that has documentary evidence. In other words, if an employee does not have documents indicating that during a certain period of time he worked at a particular enterprise in such and such a position, then such a record at his last place of work cannot be restored.

The easiest way is if you have a certified copy of the work in hand - this will facilitate the process of restoring it, but if not, then you will have to run around.

To fully restore your experience, you will need to visit all those organizations and enterprises where you previously worked. They will have to take all the necessary orders, extracts and certificates. If this is not possible, for example, because the enterprise has closed, you will need to visit the state archive of the locality where it was registered.

Attention! If the loss of the work record was due to the fault of the employer, then he must bear all the hassle and costs of restoring it. The employee only needs to give the employer’s representative a power of attorney to obtain the necessary information to restore the work record.

When a Trudovik is the owner of a labor

Even if a work book is opened for the first time by an employee of the HR department, he does not have to fill it out himself. In addition to the personnel officer, the employer is responsible for filling out the document. He has the right to sign only in the place where the owner of the work book is indicated. Below on the document:

the manager signs;
signed by another personnel officer or special person.

An authorized officer must be appointed by order. The negative reasons in this regard include the fact that a person without this document will not be a full-fledged employee, even if there is an order and an employment agreement.

Work book for a minor

If a citizen has undergone the emancipation procedure, but is still a minor, then a work book is also issued , although small nuances appear in this registration.

You also fill out information about the employee’s first name, last name and patronymic on the main page, and enter his date of birth. But under no circumstances fill out the lines about education and specialty.

It is quite possible that after some time an emancipated minor will decide to change his field of activity or even graduate from several higher educational institutions at once, and in his employment record, in the education line, there will be a record of secondary education.

Order for registration

An order is an order from the employer to draw up a work book. This will be the final stage of the workflow. The order is certified by the signature of the head of the institution and the seal. It is issued to confirm the legality of acceptance or termination of a contract, as well as when a work ID is created for the first time or any entries are made on it.

Prepare the document by entering:

personal information about management and company name;
information about subordinates;
the reasons on which the registration took place;
date of entry into force of the act;
signatures of the parties.

All citizens who begin their professional activities must complete a work book. In order for this procedure to be completed, an appeal to the employees responsible for this work is required.

Employment Record

When hiring, the procedure for filling out a work book is as follows:

Column 3 indicates the name of the employer in accordance with the constituent documents - full and abbreviated, if provided. Often HR officers indicate only an abbreviated name, for example, Romashka LLC, but this is incorrect.
In column 1, in a line below the name of the employer, enter the serial number of the entry.
In column 2, on the same line, the date of hiring is written down - it is taken from the hiring order.
In column 3 on the same line an appointment is made. Here the rules are:
A record is made of the position, profession, indicating qualifications.

No other records are made when hiring. For example, there is no need to indicate that the employee is hired under a fixed-term contract or that he had no work experience before being hired.

In column 4 in the same line a reference is made to the order on the basis of which the employee was hired. The entry should look like this: “Order dated (date) No. (number).” It is acceptable to swap the date and number in order to save space, but this is already a deviation from strictly following the rules.

The employment record is not certified by a seal.

Authentication

The new book is easier to check because it has many levels of protection. And older versions are easier to counterfeit. Verifying the authenticity of a record is complicated due to the fact that obtaining facts is not always possible. But it is permissible to use optimal verification methods:

It is necessary to check the date of issue of the document with its serial number. Data is identified using special sources that include a correspondence table.
An analysis is carried out of the correct completion of records that are entered in the required columns. They must be endorsed by the signature of an authorized employee and seal.
Communication is being established with the former management of enterprises if the employee was previously employed.

Is it required for foreigners?

Difficulties often arise in the activities of the personnel service when registering foreign citizens. Usually they are related to paperwork. They represent books filled out according to the rules of office work. There are no special differences in filling.

But in this case, the employer thinks about the legality of using documents used in other countries and the need to issue Russian books. Such a document is required for foreign citizens applying for work in Russia.

At enterprises in some countries, the establishment of books is not approved or they have a different form than in our country. Labor law norms do not establish the issue of foreigners opening a document, but some employers still issue one.

Now only 1 act is in force - Rostrud letter No. 908-6-1. It contains clarifications related to this issue. It was revealed that the employer must create a book created according to the Russian model if the employee being employed does not provide it. Moreover, it is important to work more than 5 working days, as indicated in Art. 66 Labor Code of the Russian Federation.

Personal information is filled out not only for the passport, but also for the driver’s license, international passport, and military ID. The employee must sign the work book on the title page, confirming the recorded data. An authorized person also signs. After this, the official seal is affixed.

The employee refuses to pick up his work permit: what to do in this case

It happens that an employee who has been fired does not agree with management’s decision. As a protest, he flatly refuses to take away his work book. Or, for example, a person quit his job, but did not consider it necessary to take away his work permit. What should the management of the enterprise and the personnel specialist do in this case? For such situations, a specific algorithm of actions has been developed:

It is necessary to send a notification to the place of registration of the former employee with a request to pick up the work permit;
If the first point does not work, you can send the work book to the same address by a valuable letter with acknowledgment of receipt. True, if the employee did not give a written agreement in advance for such transfer, in case of conflict or controversial situations, he can use this fact against the employer;
You can transfer the work book to a former employee through his representative. However, the latter must present a notarized power of attorney to receive this document.

If, under any circumstances, the employee does not want to take away his work, this fact should be recorded in the appropriate act in writing and in the presence of witnesses. In the future, this will serve as evidence that the employer, for its part, did everything it could to transfer the work book into the hands of the former employee.

What data is entered?

The document may include information about part-time work performed, but this is not required. In the HR department, this entry is made upon request. If you want to have additional income, you do not have the right to issue a document. Only major employers fill it out.

The book may also include information about advanced training, category assignment, and other information. In addition, information is entered when renaming the institution. The entry is made with reference to the document that serves as the basis for this. This data is re-entered when there is a change in staffing levels, for example, with the renaming of a position.

Insert design

If all the free space is spent and there is nowhere to add new information, open the insert. It is often sewn into the end of the document, since there are no specific instructions about this in the instructions. A stamp indicating the issue of the insert indicating the series and number is placed on the title page.

Entering data into it is mandatory; the title page must also be filled out. Numbering continues after the number at which the work registration was completed. If errors appear while filling out the insert, it must be disposed of in the presence of the commission and a report must be drawn up. This also applies to rejected or outdated books.

Thus, work books are necessary for all citizens who have begun their working career. Upon dismissal, you must receive a document. It will later be presented when applying for a new job.