Work books: making records of dismissal and correcting errors

Entries in a paper work book are made on the basis of an order or instruction from the manager and must comply with the rules established by law (Order of the Ministry of Labor of Russia No. 320n).

VLSI will tell you what to write down in the labor report when hiring, dismissing or transferring an employee.

Using the example of personnel situations, let's look at how entries are made in a paper work book.

Employment Record

1. In column 3, indicate the full name of the organization and its abbreviated name, if any.
2. In column 1, enter the serial number of the new entry. It should be located on the next line after the name of the organization.
3. In column 2, indicate the date of hire, for example “07/15/2021”.
4. In column 3, record your appointment. Enter the name of the position, specialty or profession indicating qualifications. If an employee is hired in a specific department, enter its name.
5. In column 4, indicate the date and number of the order or other decision of the employer, according to which the employee was hired.

If an employee is hired to work in a separate department, in column 3, indicate its name as the name of the department.

Record of part-time work

If you are applying for a part-time appointment, you do not need to request a work book from the employee.

At the request of the employee, the main employer makes a record of the employment of a part-time worker. To do this, he will need a certificate of employment signed by the manager and certified by a seal, which will indicate the name of the organization, the position of the employee, the date and reason for the appointment. Also, as a supporting document, the employee can present a certified copy of the order for part-time employment.

1. In column 1 put the number of the new entry, in column 2 - its date.
2. In column 3, enter the full and short name of the organization in which the employee got a part-time job, and the name of the position, specialty or profession indicating qualifications.
3. In column 4, indicate the details of the document (copy of the order) on the basis of which the employee was hired to work in another organization. Enter the work date and number.

Caring on your own - how to reflect it in your labor report

Oddly enough, it is precisely leaving work on a person’s personal initiative that most often raises doubts among novice personnel officers: what to refer to, what entry to make in the employment record in this case? Due to the fact that the Labor Code contains several articles suitable for this situation, there are several options:

1. first option: rely on

   
   . Then you should write something like the following: “In accordance with clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, the employment contract was terminated at the initiative of the employee.” This recording is not satisfactory;

2. can be formulated a little differently: “In accordance with clause 3, part 1. Art. 77 of the Labor Code of the Russian Federation, dismissed at his own request.” This possibility is indicated in

   
   (The instructions were specially developed and approved by the Russian Ministry of Labor).

In cases where an employee leaves a position on his own initiative due to reasons that allow him to receive some benefits, subsidies and other advantages, the personnel specialist must clearly indicate these reasons.

Among others, this may include child care if necessary until the age of 14, a certificate of transfer of a spouse to work in other regions, etc. If you have any questions regarding this point, you can read the article in more detail.

– a detailed explanation is given there.

Regardless of the reason that served as the basis for parting with work at one’s own request, after entering this fact into the work book, it is necessary to put the signature of the personnel officer, the signature of the employee with the inscription “acquainted”, as well as the seal of the enterprise.

Record of issuance of a paper work record book

1. In column 1, enter the serial number of the new entry; in column 2, indicate the date of issue of the paper work book.
2. In column 3, make a note that the employee submitted a written application for the issuance of a paper work certificate - with reference to the article of the Labor Code of the Russian Federation.
3. In column 4, indicate the date of the application.

4. Fill out the paper work record book:
   in column 12 - make an entry from the labor report;
5. Column 13 must contain the signature of the employee.

The legislative framework

Every Russian citizen is free to choose his job and change it as often as he needs. This right is guaranteed by Article 37 of the Constitution. Termination of an employment contract at the initiative of an employee is regulated by Article 80 of the Labor Code of the Russian Federation.

The employee can do this at any time, but he must notify management at least two weeks in advance. In some cases, processing can be avoided:

• upon retirement;
• subject to the start of studies;
• upon urgent departure to another city;
• during pregnancy (if there is still a long time before going on maternity leave);
• if necessary, care for a sick relative;
• for health;
• in case of violation of labor law standards by the employer.

Such grounds for termination of an employment contract at the employee’s initiative oblige the management to release him from the desired date. Seasonal workers and newcomers undergoing a probationary period can be notified to the company three days in advance.

Correct the entry in the work book

If there is an error in the entry, it cannot be crossed out. To change data, first make a note that the old entry is invalid. After this, you can make the correct entry.

1. In column 1, enter the number of the new entry, in column 2, the date of its entry.
2. In column 3, indicate which entry was invalidated. For example, “Record No. 2 is invalid.”
3. Enter the correct entry. In column 4, repeat the date and order number of the old (incorrect) entry or the new order on the basis of which the correct entry was made.

Record of dismissal

1. In column 1, enter the serial number of the entry, in column 2, indicate the date.
2. In column 3, record your dismissal and indicate the reason. It must be written down in exactly the same way as in the order to terminate the employment contract - with reference to the article of the Labor Code of the Russian Federation.
3. In column 4, enter the date and number of the dismissal order.
4. In column 3, indicate the position, signature and transcript of the signature of the specialist who made the changes. Apply the organization's seal.
5. Have the employee sign the work record book to confirm agreement with the organization's employment records.

Responsible for maintaining work records

The organization of work on maintaining work books begins with the appointment of someone responsible for this work. Clause 45 of the Order of the Ministry of Labor specifies that an authorized person is appointed by order of the employer.

The order can be prepared in any form. At the same time, it is important to indicate in it who will maintain work books in the absence of an authorized person. Some employers resort to the wording that if such a situation arises, an additional responsible person will be appointed by a separate order. But one order is not enough. Otherwise, such an action will conflict with Art. 4 of the Labor Code of the Russian Federation, prohibiting forced labor.

HR specialists are required to maintain work records in their job description. But often this work is entrusted to the chief accountant, office manager - those whose labor functions are not related to maintaining work books. To do this legally, in addition to the order, you must draw up an additional agreement to the employment contract or additionally make changes to the job description.

Dismissal by transfer

1. In column 1, enter the serial number of the entry, in column 2, indicate the date.
2. In column 3, indicate the reason for dismissal and the name of the organization to which the employee transferred. Provide a link to the article of the Labor Code of the Russian Federation.
3. In column 4, enter the date and number of the dismissal order.
4. In column 3, indicate the position, signature and transcript of the signature of the specialist who made the changes. Apply the organization's seal. Have the employee sign the work record book to confirm agreement with the organization's employment records.
5. In column 3, as a heading, reflect the name of the organization to which the employee was transferred - full and abbreviated, if any.
6. Under the heading in column 1, indicate the serial number of the entry, in column 2 - its date.
7. In column 3, make a record of hiring, indicating the department and position, as well as the reason - “in the order of transfer.”
8. In column 4, enter the date and number of the employment order.

About errors in TC

In practice, there is often a need to correct entries in the work book. Look at the rules regarding this.

Attention! Correcting errors on the title page of the TC is not allowed. If there are any inaccuracies when filling it out, the form is considered damaged. You need to write it off and take a new one to fill out the book. However, if an employee’s personal information (last name, education) has changed, this does not constitute a correction of the error. There are appropriate rules for making such changes.

The main rule to follow is that errors in the labor code must be corrected by the employer whose specialist made them . The current employer can correct an error in the Labor Code only if official written permission (certificate) is received from the employer who made the error. However, in practice this approach is practically never used.

Therefore, if a former employee comes to the personnel department with an inaccuracy in his work book, the personnel officer is obliged to correct it. Even if it was not he who allowed it, but a previously working HR specialist.

What to do if an employee brings a work report with errors to a new employer? If the error lies in personal data (name, surname, date of birth), the document cannot be accepted. We wrote about a similar situation in one of our previous articles.

If work records are not maintained correctly, it is important to remember the following. When calculating the insurance period, you can only take into account those periods that are drawn up correctly (clause 24 of Order No. 91 of the Ministry of Health and Social Development dated February 6, 2007). If there is an entry in the Labor Code with errors from another employer (for example, incorrect wording or a seal on the appointment record), then the HR officer should ask the employee for other documents that will confirm the periods of service. This could be, for example, a certificate from a former place of work or an agreement with a copy of the order.

We also note that the absence of a seal on the title page of the TC is not a reason for refusal to accept it. The company or individual entrepreneur who issued the book may not have a seal. But even if it was not installed due to an oversight, then this mistake has nothing to do with either the current employer or the employee. Therefore, you can safely accept such a TC and make entries in it.

Dismissal due to the death of an employee

1. In column 1, enter the serial number of the entry; in column 2, indicate the date of dismissal from the death certificate.
2. In column 3, indicate the reason for termination of the employment contract - “in connection with the death of an employee” - with reference to the article in the Labor Code of the Russian Federation.
3. In column 4, enter the date and number of the dismissal order.
4. In column 3, indicate the position, signature and transcript of the signature of the specialist who made the entry. Apply the organization's seal.

Which legal acts establish the rules?

The procedure for terminating a working relationship is regulated by Chapter 13 of the Labor Code of the Russian Federation. The grounds for termination of the contract are provided in the following legislative acts:

• The articles of the Labor Code of the Russian Federation (Articles 77 - 84.1 of the Labor Code of the Russian Federation) contain information on termination of the contract. Termination of its validity and registration of a work book upon dismissal at the employee’s own request is considered in Article 80, at the initiative of the employer - in Article 81. The grounds are presented in Article 77 of the Labor Code of the Russian Federation;
• in federal laws. For example, for civil servants the issue of dismissal is regulated by law dated July 27, 2004 No. 79-FZ.

It should be remembered that for certain categories of employees, for example:

• Foreigners;
• athletes;
• scientists -

The grounds for termination of labor relations are provided for in separate provisions of the Labor Code of the Russian Federation.

Make changes when changing your last name

1. On the title page of the work book, cross out the employee’s old name and enter the new one.
2. On the back cover, write down the reason for changing your last name with a link to the supporting document. For example, a marriage registration certificate.
3. Please indicate your position and last name. Sign and affix the organization seal.