The electronic TCs included full information about the length of service from paper
The Federal Law on electronic work books, adopted in 2022, amended the Labor Code of the Russian Federation and Federal Law No. 27-FZ dated April 1, 1996 “On individual (personalized) accounting in the compulsory pension insurance system.”
Its norms establish the transfer of data on the length of service of citizens from paper books to a single electronic register, which for convenience was called an electronic work book (ELC). Initially, information was entered only starting from 01/01/2020, but from 12/14/2020, the Russian Pension Fund began to enter into the STD-PFR information about work for the period up to 12/31/2019 inclusive. Basic information about length of service has been available since 2002, but only if it is at the disposal of the Pension Fund. All citizens have the right to apply to the Pension Fund of Russia with an application to transfer missing information about work from a paper book to an individual personal account. The Pension Fund will enter information for the period until 2022. If necessary, the length of service will be checked with employers. If the applicant’s entire work experience is reflected in the STD-R report submitted by the employer, it is not necessary to request a paper Labor Code. And this is the latest news about the transition to electronic work books, which in 2022 is not taking place en masse, but on an individual basis.
Only 30% of workers want to use electronic work books. This follows from notifications of those wishing to replace paper with electronic ones and survey data. Most Russians intend to continue maintaining a paper document about their experience.
What is an electronic work book?
An electronic work book is not a digitized paper book with records of places of work, this is the name of a new way of storing information about employees. According to Art. 66.1 of the Labor Code of the Russian Federation, the official term sounds like “information about labor activity”; the concept of “electronic work record book” does not appear in any regulations. The employer is obliged to transfer information about employees to the Pension Fund of Russia in the form “Information on the labor activity of a registered person” (SZV-TD), which will be stored in the Pension Fund of the Russian Federation in a special electronic accounting system.
The electronic form will contain information about the employee himself, his places of work and positions (profession, specialty), dates of hiring, as well as transfer or dismissal, qualifications (rank, category, etc.), reasons for termination of the employment contract and etc. That is, almost all the same data as in the paper labor report. However, information about awards for success in work is not entered into the electronic version, since the SZV-TD form does not contain such a section.
Is it necessary to switch to digital format?
The transition to the new version is voluntary. If a person wants to keep the old format on paper, he has the right to do so. In any case, whether the employee agrees to the transition or wants to leave everything as before, he needs to write a statement. Those who refuse the paper version and write an application to switch to an electronic work book will be issued a paper document within 3 days. Those who get a job for the first time in 2022 will only receive an ETC.
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Pros and cons of electronic work books
Electronic recording of information about work activities has many advantages for both employees and employers :
- Keeping records electronically is easier for an employer than filling out paper TCs.
- It is easier to correct erroneous work records in the ETC.
- If the paper labor code is lost and the organization in which the employee worked closes, there will be no need to restore work information, since it is stored in an electronic system. An employee can at any time request information about his work in his personal account on the Pension Fund website or the government services portal.
- You can remotely request information from the ETC and receive it electronically.
- The work record book will not be lost in electronic form.
- The transition to the ETC will reduce the costs of the employer and employee associated with employment.
- You can use electronic work record data to obtain government services.
- Using your personal account data, you can apply for a pension remotely and do without supporting documents.
- For employees working remotely, remote employment is possible with the ETC, since there is no need to go to the HR department with a paper Labor Code.
- The Russian Pension Fund guarantees that the data storage system is highly reliable and the risk of information loss is eliminated.
However, if maintaining ETC provides only benefits for employees, employers may encounter some inconveniences:
- If an employee decides to leave a paper work report, he will have to do double work - both send information electronically and fill out a paper labor report.
- It is necessary to change all regulations in the organization where the work book is mentioned.
- Problems can also be added by strict reporting deadlines when hiring or dismissing an employee - information must be submitted no later than the working day following the day the relevant order is issued.
- And if the employer does not promptly send notices to employees about this innovation or does not have time to amend internal documents, he may be fined by Rostrud.
Step-by-step algorithm for switching to ETC
In 2022, employers were required to notify employees of the transition to a new form of accounting by 01/01/2021. By the end of December, employees had decided on the type of accounting and wrote a corresponding application. But some decided to think longer - they have the right to change their initial opinion and choose ETC at any time. We will analyze the transition to electronic work books step by step in 2021, if one or more employees have expressed such a desire.
Step 1. Employees write statements
Declaring your desire to switch to ETC is allowed in any form. The document is drawn up on behalf of the employee and addressed to the head of the organization. It indicates the date from which the use of a paper document ceases.
1C and other accounting programs have already implemented application forms, a program for maintaining electronic work books and reporting to the Pension Fund.
Use samples from ConsultantPlus for free to correctly fill out all documents for the transition.
Step 2. Checking paper forms
The legislator recommends checking the completion of paper documents so that there are no discrepancies between the handwritten and digital versions. Otherwise, the SZV-TD report will contain incorrect information. Please note how to fill out an electronic work book - information is sent only about work in the organization, the rest of the data will be entered by the Pension Fund.
Step 3. Submitting reports to the Pension Fund
The SZV-TD report was first sent in February 2022. Personal accounts have been opened for each citizen of the Russian Federation in the Pension Fund of Russia. From 01/01/2021, a section “Information on labor activity” appeared in them. It is filled in with data from the SZV-TD report. When an employee submits an application to switch to the electronic labor code, the employer generates a report to the Pension Fund of the Russian Federation using electronic work books with data on his work activity.
In 2022, the report is submitted before the 15th day of the month following the personnel changes, but after hiring or dismissing an employee, it is sent no later than the day following the event.
Step 4. Changing internal personnel documents
Local acts must be adjusted in accordance with the change.
For those employees who refused to keep paper books in 2020, entries are made in them as described by the Ministry of Labor in letter No. 14-2/B-150 dated February 12, 2020.
Step 5. Issuing paper work books to employees
If a choice is made in favor of the electronic version, returning to paper is not possible.
IMPORTANT!
For employees who refuse paper books, the employer is obliged to issue them within 3 days after receiving the relevant application.
There is one more point from the algorithm on how to switch to electronic work books in accordance with current instructions - an entry is made in the labor register movement book:
Issued in person on the basis of a written application from Kira Aleksandrovna Sinyukova for her employer to provide her with information about her work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 2 of Article 2 of Federal Law No. 439-FZ).
How to fill out the SZV-TD form correctly?
The rules for filling out the SZV-TD were developed and approved by Resolution of the Pension Fund Board of December 25, 2022 No. 730 p.
The form is formatted as follows:
- Information about the employer-insurer:
- 12-digit number assigned upon registration with the Pension Fund in the established format;
- full name of the organization or full name without abbreviations, if the information is submitted by an individual entrepreneur, notary, etc.;
- TIN of an organization or individual;
- Checkpoint of a legal entity.
- Information about the insured person for whom the form is being submitted:
- Full name without abbreviations, date of birth (in accordance with the passport);
- SNILS;
- date of filing the application, where the employee expressed a desire to continue to keep the work experience book in paper form.
- The reporting period for which the form is submitted has the format MM - month and YYYY - year.
- Information about personnel actions:
- the number of the event record in order within this reporting form;
- date of personnel action;
- information about the event has letter designations in the following format:
1 | Reception | Reception under an employment contract |
2 | Translation | Transfer to another job |
3 | Renaming | Making changes to the name of the organization |
4 | Establishment (assignment) | The fact that the insured person has been assigned a rank, class, etc. with their indication |
5 | Dismissal | Termination of labor relations |
6 | prohibition to hold a position (type of activity) | To be completed based on a court decision regarding the ban |
- name of the position (specialty, profession, etc.) and structural unit in accordance with the staffing schedule of the insured;
- reason for dismissal with clarification of the Labor Code article;
- information about the document on the basis of which the entry was made in the ETC.
The form is certified by the head of the organization with his signature and its transcript. In paper form, documents can be submitted to the Pension Fund of the Russian Federation only if the number of employees does not exceed 25 people. The rest are required to transmit them electronically, containing the electronic signature of the manager.
Extract from the ETC - how to get it and how to check it
You can receive an extract online in one of 2 ways:
- through your personal account on the official portal of the Pension Fund of Russia;
- through the website of the State Services of the Russian Federation.
Let’s take a closer look at the option of receiving an extract through the State Services portal. To use the service, you need a verified account.
Step 1. Go to the website of the “Government Services of the Russian Federation”.
Step 2. Log in to your personal account. The button is at the very top right.
Step 3. Select the “Services” section.
Step 4. Find the tab “Authorities” and “PFR”.
Step 5. Select the item “Extract from the electronic work book”.
Step 6. Click on the line “Get statement online”. Next we follow the instructions.
Step 7. We receive the finished statement in your personal account or by email. Formation time within 24 hours. Usually 15-30 minutes.
Step 8. We compare the records with the original.
The information will be confirmed by the digital signature of the responsible Pension Fund employee. If necessary, the document can be printed.
If you require a paper version of the extract, you should contact the following in person with your passport:
- client division of the pension agency;
- Multifunctional Center;
- HR department at your last place of work.
Video instructions for checking information according to the ETC:
Legal basis for changing work books from September 1, 2022
Clause 2 of Order No. 320n from 01.09.2021 cancels the current Instructions for filling out work books (Resolution of the Ministry of Labor dated 10.10.2003 No. 69).
At the same time, the forms of the Labor Code and the insert into it, as well as the rules for their maintenance, are established by Government Resolution No. 225 dated April 16, 2003. The abolition of Rules No. 225 is provided for by the draft Resolution (ID 01/01/11-20/00110829), which was submitted for consideration to the Government RF. If the project is adopted, the new sample work books will come into force on January 1, 2023 (clause 4 of the Project), but will be used simultaneously with the old ones. Old-style forms remaining with employers will remain valid without a time limit.
It turns out that Order No. 320n introduced a new form of Labor Code and inserts from 09/01/2021, and the Project indicates a different date - 01/01/2023. The draft has not yet been adopted, we believe that at the moment the current date for innovations is 09/01/2021.
Find out how to hire an employee with ETC here.
The form of the work book and its insert are changing
The changes are insignificant. In particular, the number of spreads allocated for information about work and spreads to reflect awards is changing.
At the same time, you can safely use old work forms and inserts if the employer has a supply of them.
Previously, the Ministry of Labor explained that the new labor standards will be applied from 2023. However, the adopted Order makes no mention of this. It comes into force on September 1, 2022.