Application for transition to work books in electronic format

Why submit it?

In Part 2 of Art. 2 Federal Law-439 of December 16, 2019 states that the obligation of each employee is to inform the employer about his choice. Moreover, the choice is made strictly voluntarily. Therefore, the question of whether it is necessary to write an application for maintaining an electronic work book is not worth it; the decision is made by the citizen himself and he draws it up in writing. Responsibility for workers for failure to contact the employer is not provided; in this case, the administration continues to maintain personnel documentation in the same volume in paper form and additionally electronically.

Application for preservation of a paper work record book or maintenance of electronic documentation

No later than December 31, 2020, employees must write to the employer an application to retain a paper work book or to switch to an electronic work book (see Fig. 1).

Information about the application submitted by the employee is included in the information about his work activity transmitted to the Pension Fund (Part 2 of Article 2 of Law No. 439-FZ).

Rice. 1. Document “Application for provision of information about labor activity”

The application is drawn up in any form, which the employer can develop independently.

If the employer has received such a statement from the employee, he is obliged to maintain his paper work book according to the old rules, as well as an electronic work book. The employee’s right to maintain a paper work book will remain with him even when moving to other employers, while he retains the right to refuse it and switch to an electronic work book (Parts 4, 5 of Article 2 of Law No. 439-FZ).

Employees who want to completely switch to an electronic work book must also contact their employer with a corresponding application. Electronic work books of such employees will not need to be duplicated with a paper version from the date of filing the application. In this case, a paper work book is handed over to the employee with a record of the employee filing an application to switch to an electronic work book (Part 3 of Article 2 of Law No. 439-FZ).

If during 2022 the employee has not submitted any of these applications, his work record book should be kept on paper simultaneously with the electronic form (Part 2 of Article 2 of Law No. 439-FZ).

Employees who were not able to contact their employer with these applications before 12/31/2020 can do so at any other time after this date. Such employees include (Part 6, Article 2 of Law No. 439-FZ):

• employees who, as of December 31, 2020, were not fulfilling their job duties, but they retained their place of work, including for the period of temporary disability; vacations; suspension from work in cases provided for by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation;
• persons who have work experience under an employment contract (service contract), but as of December 31, 2020 were not in an employment (service) relationship.

For employees who first started work starting from 01/01/2021, paper work books are not issued. Information about the labor activities of such employees is maintained exclusively in electronic form (Part 8 of Article 2 of Law No. 439-FZ).

A statement of the employee’s will is included in the decisions of the 1C:Enterprise 8 system.

More information about the time frame for supporting an application for an employee to choose a method of obtaining information about work activity in the 1C:Enterprise 8 accounting programs can be found in “Monitoring Legislative Changes.”

In the program "1C: Salaries and Personnel Management 8" edition 3, you can prepare Applications for the provision of information about work activities in the menu Personnel - Electronic work books by clicking the Create button. For each employee, one of two options should be indicated at the employee’s request (see Fig. 1):

• Maintaining a paper work record book;
• Information about labor activity in electronic form.

By clicking the Application button, a corresponding application will be prepared for printing for each employee, on which the employee will sign. Information about the selection made will be included in the SZV-TD report.

Who shouldn't you take it from?

The legislation provides for this obligation for all working citizens without any exceptions. Deadlines for filing applications do not apply to the following persons:

• on sick leave for the period of expiration of the deadline;
• currently on vacation;
• suspended from work according to the norms of the Labor Code of the Russian Federation or other legislative acts;
• having experience, but not having a legal relationship with a specific employer.

These citizens have the right to fill out an application at any time, including during employment, and submit it to the employer at their main place of work. As of 2022, paper versions will no longer be issued to newly hired employees without work books.

Let's sum it up

• Since 2022, data on the work activity of each person hired under an employment contract began to accumulate in a single electronic information resource. The employer provides the necessary data for this, sending it to the Pension Fund of the Russian Federation, which is responsible for maintaining such a resource.
• Over time, the electronic way of maintaining a work record book will become the only possible one. In the meantime, the refusal of the paper version of this document occurs at the request of the employee. Maintaining a paper work record book is carried out in parallel with the accumulation of similar data in electronic form.
• It is advisable to make the choice of how to register a work book for an employee before the end of 2022 by submitting an application to the employer. The form for such a document is not established by law. Therefore, they draw it up in the same way as any other statement, setting out in its main part the essence of the choice made.

How to write a statement correctly

It is not legally defined how to write an application for an electronic work book or to save a paper version, that is, the form of this application is free.

Important points when compiling:

• the header of the application must contain data allowing the identification of the addressee and the applicant, that is, the employer and employee. It is not necessary to indicate the details of your immediate superior or director, but it is important to accurately write the name of the organization;
• in the main part, the administration is informed about the choice of method for maintaining documentation about the worker’s activities (in paper or electronic form). It is recommended to indicate Art. 66.1 of the Labor Code of the Russian Federation, but this is not necessary. The request to hand over a paper version is also not mandatory; the employer will do this in accordance with the Labor Code of the Russian Federation;
• signature and date. Without a signature, the document has no force.

It is also recommended to refer to the details of the selection notification in your written request.

Sample application for loss of work record

Now we come to the main part of our article - the example. It must be said that this document is not particularly difficult to draw up - based on the sample presented below, you will be able to write your application without any problems.

So, in order. At the beginning of the document, indicate to whom you are addressing it: here you must indicate the position, full name of the head of the company in which you work (or worked), as well as the name of the organization itself. Next, enter your details - also your position and full name. Then, in the middle of the line, write the word “statement” and put a period.

From a new line, inform the employer about the actual loss of the work book. It is not necessary to write the reasons for the loss - there is no such requirement in the legislation. Further referring to Art. 65 part 5 of the Labor Code of the Russian Federation, ask to issue a new labor document. Finally, sign the document and hand it to the responsible employee.

Sample applications

This is what an application for refusal to maintain a work book in paper format and switching to its electronic version looks like.

And this is a sample application to retain a paper work record book and refuse to issue it in person.

If the employee wants both options

In accordance with Art. 66.1 of the Labor Code of the Russian Federation, information in electronic form (this is actually a book kept electronically) is compiled for each employee, regardless of the availability of a paper version. Until the employee makes a choice in favor of the computer option, he retains the right to both formats.

Information on choosing the option of maintaining a work record book is provided using the new form SZV-TD, approved by Resolution of the Board of the Pension Fund of the Russian Federation No. 730p by the 15th day of the next month.

IMPORTANT!

The statement is not true that if an application for the introduction of an electronic labor code is submitted, then the report must be submitted monthly; the frequency of this reporting is different. SZV-TD is submitted in case of important changes in legal relations (hiring, dismissal, transfer) and when an employee submits a written request to choose the method of maintaining the record book.

Notice of the transition to electronic work books in 2022

It is the responsibility of all employers to notify employees about the introduction of electronic work books. You also need to notify about the need to make a choice in what form the employee’s work record book will be kept.

KEEP IN MIND!

Written notifications must be issued to employees no later than October 31, 2020 (Resolution of the Government of the Russian Federation dated June 19, 2020 No. 887).

If an employee is on a long vacation, business trip, maternity leave or parental leave, you can send him such a notice by mail.

In response, the employee must convey to the employer one of two things:

• application for transition to an electronic work book;
• an application with a request to continue keeping a work book on paper.

Until December 31, 2022 inclusive, it is necessary to collect statements from employees about their choice of work book form. The specified information is included in the SZV-TD report submitted based on the results of the past month .

If the employer refuses to keep a work record book on paper, it must be handed over to the employee. does not provide for the possibility of subsequently returning to maintaining a work book on paper .

During the work process

Since the employer is responsible for the safety of the employee’s work book, it is not beneficial for him to hand over the original to the employee. The legislation provides for one case when the employee is given the original book - Article 62 of the Labor Code of the Russian Federation determines that for the purpose of compulsory pension insurance (for applying to the Pension Fund), the employee can, upon written application, receive the original.

In other cases, the employer, also upon a written application from the employee, may provide a duly certified copy of the work record book.

A copy or original of the document is issued by the employer within 3 days after receiving the application. Issuing a work book after this period is a violation of the law.

In case the employee is nevertheless issued the original work book, labor legislation, protecting the interests of the employer, obliges the employee to return the work book no later than three days after the Pension Fund returned it to the employee.

The fact of issuing the original book to the employee must be recorded in the Journal of Accounting and Movement of Work Books or by means of a receipt in which the employee indicates the date of receipt of the work book. Thus, if the book is lost during this period, the employer will not be held responsible for it.

Let us note that in addition to the above-mentioned grounds for issuing the original work book, the employer does not have the right, therefore, the employee also does not have the right to demand its original.