The act of acceptance and transfer of work books. Sample document

How to compose a document

There is no single, mandatory, unified sample of the act of acceptance and transfer of work books. Companies can choose one of the following methods:

• or write the act in any form each time (which is not very convenient),
• or develop a document template based on your vision and needs, but in this case it must be approved in the accounting policy of the organization.

Regardless of which option the enterprise chooses, the act must include the following data:

• information about the company,
• composition of the commission involved in the transfer of documents,
• information about the work books themselves, inserts in them and new forms - this is best presented in the form of a table.

The form of the acceptance and transfer act may include one sheet or several - if there is a large number of documents. All sheets should be fastened with a strong thread, then on the last outer page next to the fasteners, put a stamp and write the number of sheets, the date of execution of the act and certify this information with the necessary signatures.

When filling out the act of acceptance and transfer of work books, it is important to strive to avoid mistakes and omissions, since entering inaccurate or even false information into it can result in unpleasant consequences for responsible employees.

If errors could not be avoided , they should be carefully corrected and certified with the inscription “believe the corrected one.” We must not forget that, if necessary, the document can serve as evidence when resolving disagreements through the courts.

Sample:

On refusal to receive technical documentation

On the day of dismissal, the employee's book is returned. If for some reason he refuses to pick it up, a report is drawn up. It is signed by an employee of the HR department, as well as by two witnesses to the refusal. It indicates the employee’s full name, position, reason for dismissal, as well as the fact that he was asked to obtain a document from the enterprise’s personnel department. It is advisable to indicate the reasons for refusal to receive and the date of preparation. This is of great importance when labor disputes arise.

If a citizen not only refuses to pick up the papers, but also does not appear at the enterprise on the day of dismissal, the employer must send him a notice asking him to appear at the personnel department, or give permission to send them by mail. In case of refusal, he has the right to draw up an act of refusal to receive a work book.

The process of transferring work books

These books, although considered the property of employees, are kept in the organization. Here a worker is responsible for them, monitoring their movement and guidance. Accordingly, it is strictly prohibited to simply give these documents to someone. This requires proper formatting. Conventionally, this process can be divided into several stages:

You can’t just take and hand over work books.

1. First, it is necessary to issue an order on behalf of the head of the company, which will indicate the need to transfer documents and appoint a new responsible person.
2. Then, on the basis of this order, the direct transfer of work books, their inserts and blank forms is carried out, which must be accompanied by their revision, i.e. inspection, verification, and counting.
   

   Information about the transfer is documented in a special act; in addition, this action must be recorded in the journal for recording the movement of work books.

   If you follow the entire procedure “from A to Z,” then the risk of encountering the loss of documents, the emergence of disagreements and disputes regarding them will be reduced to a minimum. A competently carried out process also allows the new employee to be relieved of administrative responsibility for the absence of certain work books or inserts.

The legislative framework

From January 1, 2022, traditional paper work books were replaced by electronic analogues (ETK). In connection with this, employers have an obligation to transmit current information to the Pension Fund on a monthly basis by submitting SZV-TD reports. In turn, information about labor activity from the Fund’s register can be provided at the request of employees in the form of a STD-PFR certificate.

The transition to electronic books does not mean that paper copies are a thing of the past. Employees hired before 2021 have the right, if they wish, to keep their usual work books. Specialists finding employment for the first time after January 1, 2022 will completely switch to the ETC.

Thus , in 2022, the work book is still the main document confirming the employee’s length of service. In it on the basis of Art. 66 of the Labor Code of the Russian Federation, information is entered on admission to the organization’s staff, dismissal, transfers, positions, incentives, and the like.

It should be noted that work books, as well as inserts for them, are strict reporting forms. In this connection, by order of the head of the enterprise, an employee is appointed who is responsible for storing and issuing blank forms of these documents. As a rule, the same employee is responsible for maintaining records of work books.

For example, this could be the head or an ordinary HR specialist, a secretary or an accountant. In the event that the new work form or its insert is damaged, the responsible person will have to draw up an appropriate act for the subsequent write-off of the document.

Thus, in addition to a journal for recording work books and inserts for them, according to the updated rules, the employer must also keep a journal for recording blank forms of these documents, the so-called receipt and expenditure book.

Creation of a commission

If the enterprise is large and there are a lot of documents to be transferred, then to carry out and formalize this procedure it is necessary to create a special commission. It can include employees from different departments of the company, consisting of at least two people. The commission is also appointed by issuing a separate order from the head of the company.

The commission’s task is to check whether all work books are in place, make sure that all the necessary records are present and correspond to reality, and also certify the fact of transfer from one person to another.

When a notification is prepared

By law, the employer is obliged to issue a work book to the dismissed employee on the last working day (Article 84.1 of the Labor Code of the Russian Federation), noting this action in a special journal for recording work books.

But in practice, it often happens that a person does not come on the last working day and does not take the necessary papers. This happens for various reasons:

• the employee ended up in the hospital;
• forgot;
• moved to a new place of residence and there is no way to come quickly;
• missing;
• urgent family and other circumstances suddenly arose that prevented us from arriving on time.

Often a person refuses to pick up the form because of a conflict with the company’s management, for example, if his contract was terminated for absenteeism, drunkenness or other violations. In this situation, it is necessary to draw up an act of refusal to receive documents on the day of dismissal.

After this, the law obliges to send a notice of the need to appear for a work book or to agree to send it by mail (Part 6 of Article 84.1 of the Labor Code of the Russian Federation and paragraph 36 of the rules approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003). The company's further actions depend on the employee's response to the letter. If there is no reaction and there is no consent to mail the form, then the document is left at the company until they come for it (clause 43 of the rules for maintenance and storage, approved by government decree No. 225 of April 16, 2003).

IMPORTANT!

It is not permitted to send the form by mail without the consent of the dismissed employee. This will be a non-compliance with the requirements of Art. 84.1 Labor Code of the Russian Federation.

If consent is received, then the employee will have to send a notification about sending the work book by registered mail with a list of the attachments with acknowledgment of receipt. This is necessary so that important documents reach the addressee.

In order for the personnel officer to be able to send the work by mail, you will need an application from a former colleague. This must be indicated in the letter. If the person being dismissed knows that he will not come to the company on the day of dismissal, then he has the right to write a request in advance. This happens, for example, if he was previously on vacation or sick leave. If he wishes to receive the document not personally, but through an authorized representative, he must note this in the application.

IMPORTANT!

The worker has the right to submit such an application either in person at the office or after receiving a notification from the employer by mail. The employer must send the form no later than 3 working days after receiving the request.

Here is an example statement:

If the work record is carried out electronically, the issuance procedure is similar - on the last day of his presence at the workplace. The only difference is that you need to submit not the usual form, but the STD-R form (Appendix No. 1 to Order of the Ministry of Labor No. 23n dated January 20, 2020). It contains information only for the period of activity in this company. You have the right to provide this certificate either on paper certified by the director, or send it electronically with an enhanced qualified electronic signature (clause 2.7 of the procedure for filling out the STD-R). The paper form is sent by registered mail with acknowledgment of receipt, without first asking for consent to forward it (Article 84.1 of the Labor Code of the Russian Federation).

How to approve the act of acceptance and transfer of work books (sample)

The legislation does not provide for regulations and rules for drawing up an act of acceptance and transfer of work books. The employer can develop these regulations and rules and approve them by internal regulations. For example, the Regulations on office work or the Regulations on personnel services.

If the enterprise is large and its number of employees exceeds several hundred people, a special commission may be required.

In this case, the Regulations stipulate:

• The procedure for creating a commission
  that takes part in the verification and transfer of personnel documents, its composition.
• Procedure of the commission
  : procedure for document verification, form of the act of accepting the transfer of work books, a sample of its form and completion.

Who draws up the act

The act must be drawn up by a commission, which must consist of three or more people. She is appointed by order of the organization.

The person transmitting the forms and the person receiving them should not be included in the commission.

The commission appoints a chairman who supervises the transfer of work books.

At the end of the act, all members of the commission must put their signatures.

The act is approved by the head of the enterprise. If books are transferred from one organization to another, then the head of any of them can approve the act.

When do you need an act of acceptance and transfer of work books?

Work books and inserts in them are equivalent to strict reporting documents. They contain personal data and information about the periods of work on the basis of which the pension will be assigned. Therefore, there are special requirements for maintaining, storing and recording work books. They are established by the “Rules for maintaining and storing work books, producing work book forms and providing them to employers.”

In accordance with the Rules, to record forms, completed work books and inserts, the organization maintains special journals:

• Receipt and expense book for accounting of work book forms and inserts in it.
• A book for recording the movement of work books and inserts in them.

Those responsible for accounting, storage and maintenance are appointed by order of the director.

With such a strict procedure, changing the person in charge involves drawing up an act of acceptance and transfer of work books. The act confirms that one employee handed over the documents, and the second received them in full and in proper safety.

About writing off damaged copies

TCs and inserts damaged during filling must be destroyed and the corresponding paper must be prepared. To write off damaged copies, the manager issues an order that authorizes the creation of a commission to carry out the write-off. The formed commission is presented with damaged forms. A write-off protocol is drawn up, which indicates the numbers of the forms being written off, their quantity, and the reasons for the write-off. After this they are destroyed.

Accounting procedure

The work book is a basic document containing the most important information about the employee’s work activity and length of service (under Part 1 of Article 66 of the Labor Code and Clause 2 of the Rules of Government Decree No. 225 of 2003). It contains information about the employee, the work performed, transfers to another position, dismissals, training, awards (under Part 4 of Article 66 of the Labor Code and Clause 4 of Rules No. 225 of 2003).

Upon employment, the employee transfers the work book to his employer under Part 1 of Art. 65 Labor Code. After which the employer is responsible for the safety of the work book.

The employer does not have the right to delegate such responsibilities for ensuring the accounting and storage of work books in favor of another organization or individual. This is indicated by clause 45 of the Rules for maintaining and storing work books No. 225 of 2003.

The person who is responsible for storing and recording work books is appointed by order of the employer or by order of an authorized authority. The person in charge is usually an HR employee. If the previously appointed responsible person has changed, then the work books entrusted to him are transferred on the basis of an acceptance certificate. Most often this happens when the person in charge is fired.

Another option when it is necessary to prepare an act of acceptance and transfer of a work book is the employment of an employee. In this case, he acts as the transferring party, and the employer as the receiving party. But in practice, such an act is usually not drawn up.