A work book is a document that informs all interested parties about places and areas of work of a person. Therefore, it is extremely important to comply with all the rules for making entries in the employee’s work book in relation to places of work and education. In addition, it is very important to correctly indicate in the workbook the grounds according to which the person was dismissed from the enterprise or transferred to another position.
The legislative framework
The rules for making entries in the workbook are governed by various legal regulations. These include the following documents:
- The Labor Code of the Russian Federation: article 66 - “On the concept of the work book and its contents”, article 83 — termination of the employment contract for circumstances that are independent of the will of the parties, article 192 and 193 — disciplinary sanctions and their entry in the book.
- Government Decision No. 225 on the rules for the storage and maintenance of books on employment (hereinafter - the Rules).
- Decree of the Ministry of Labor No. 69 on the requirements for filling out various documents (hereinafter - the Instruction).
- Letter from Rostrud No. 656-6-0 disclosing liability for inappropriate storage of work books.
- Code of Administrative Offenses: Article 5.27, which addresses liability for non-compliance with labor laws (including labor books).
These acts to one degree or another regulate the rules for making entries in the work book. They must be clearly performed by employees of personnel services of enterprises and organizations.
General requirements for maintaining work books
The procedure for making entries in the workbook is defined to a greater extent in the Decisions of the Government and the Ministry of Labor No. 225 and 69, respectively. According to these acts, there are several requirements regarding the filling and storage of the type of documents in question.
The rules for making entries in the workbook must meet the following requirements:
- All information about the employee is entered into the document on the basis of an order or order issued by the employer within a week from the date of issuing the relevant form act. In the case of dismissal of an employee, the date of entry in the workbook is the day of dismissal.
- All records of labor activity entered in the book must correspond exactly to the text of the order or instruction issued for this.
- Dates for making entries in the workbook are indicated in Arabic numerals (two-digit for the day and month, four-digit for the year).
- Make any reduction in the process of making various entries in the document is strictly prohibited. The following example can serve as an incorrect example of making an entry in the work book: “etc. dated 01.01.01 No. 001-ok. ” Correctly write down "Order No. 011-ok of 01.01.2001."
- Records of any nature are entered into the workbook in the language that is state for Russia - in Russian. Exceptions are cases when it comes to any republic that is part of the Federation, if their state language is different from Russian. In this case, the employing organization has the right to make entries in both languages, in accordance with the sixth paragraph of the rules for the storage and maintenance of work books. Due to the fact that neither legislative fixing of the peculiarities of registering work books and making entries, nor a sample has been submitted, the rules for filling in in Russian are valid.
- Each entry that is entered in the book on labor activity should be made subject to familiarization with it by the employee against signature. Signing is necessary in a personal card of the T-2 form, in which information is duplicated. The specified card is drawn up and filled out, in accordance with Resolution No. 1 of the Goskomstat dated January 5, 2004, approving a unified form of primary documentation for accounting and remuneration (a sample of registration of work books and making entries is given below).
There are cases when information for various reasons is not entered in the workbook, that is, there is a fixation of missing data. If amendments to the document by Russian law are allowed, and the procedure for these actions is enshrined in the third section of the Rules, then there are no regulatory rules and requirements regarding the restoration of not entered (missed) information.
According to the twenty-seventh paragraph of the Rules, the identified errors are eliminated by the employer who made them. The law admits that corrections can be made by the current head of the employee if there is a document from the former boss who made a mistake. When making the appropriate entry, you must specify the details of the document, which reflects data not entered into the document.
List of information entered
Correct entry in the workbook implies compliance with the accepted norms of filling out a document of this type. The following information shall be entered:
- The first column (heading “Record Number”) - the serial number of the corresponding recorded data is affixed.
- The second column (heading "Date") - the day, month and year of entry of the corresponding fixed data is recorded.
- The third column (the heading "Information about the work") - an entry is made on the appointment or employment, indicating a specific structural unit, profession and specialty. The name (full) of the enterprise and the abbreviated name (if any) are also recorded in accordance with the statutory documents.
- The fourth column (heading "Name, number and date of the document, which is the basis for making the entry") - details of the order are recorded, on the basis of which the corresponding note is made in the work book.
If there is an entry in the work book about education, this information is indicated above the data on employment.
Information entered into the document upon receipt and translation
The rules for entering relevant information into the document in question include the obligation of the employer to enter the basic data into the document and comply with the procedure for their creation. These standards determine not only the fixation of working permutation moments, but also the entry in the work book of education.
The main requirement for recording the relevant data in a document is compliance with the deadline for fixing the necessary information. The term for making an entry in the work book is not more than five days.
Features of fixing information are as follows:
- In the third column (information about the work) - data on the name and legal form of the enterprise should be recorded. If the organization has an abbreviated name, it should be indicated here in brackets. The abbreviated name should correspond to the statutory documents (for example, if the abbreviated name of the organization is indicated without quotation marks, it is necessary to write it in the work book as well). In some cases, organizations with a large staff use a stamp on which the full and abbreviated name of the company is pushed aside. Legislation allows this.
- The first column (number of the corresponding record) records the number in order. The main requirement for its fixation is that the record should be located opposite the empty cells under the name (that is, the number is not put down opposite the name of the institution, but on the line with the future content of the information).
- In the second column (date) - the date, month and year of making the corresponding entry is indicated. Each number is written in a separate subgraph, in accordance with the rules established by law.
- In the third column (information about work) - an entry is made about the appointment or employment. It indicates not only the position, profession and specialty, but also the type of work (primary or part-time job). In the second case, there is a record of part-time employment in the workbook.
- In the fourth column (name, number and date of the document, which is the basis for making the entry), basic data on the issued order (date, number and name) are recorded.
An example of making an entry in the workbook: I. Ivanov was admitted to LLC “Comfortable Living Conditions” for the position of secretary to the manager, which is recorded in the order on employment dated 12/01/2017 No. 312-ok. It is necessary to enter the specified information into the working document of Ivanov I. I.
Making entries in the work book about the specialty, position and profession is carried out in accordance with the way this information is recorded in the staffing table. This paper is an integral document in any organization.
In some cases, federal law defines the positions, specialties and professions that are accompanied by the provision of certain benefits. In this case, the entry for the registration of the work book is carried out in accordance with the qualification requirements specified in the relevant documents approved by the Russian government.
Qualification requirements are recorded in the following legal acts:
- A single reference book of the tariff-qualification type in relation to professions and works that were previously approved in various resolutions of the Secretariat of the AUCCTU and the State Committee for Labor in the USSR. The single document was approved by the general resolution of the Secretariat of the All-Union Central Council of Trade Unions and the State Committee for Labor in the USSR No. 31 / 3-30 of January 31, 1985.
- Reference book of qualification type for positions of managers, employees and specialists No. 37, which was approved by the decree of the Ministry of Labor on August 21, 1998.
If making entries in the workbook of part-time workers and key employees does not meet the specified requirements, the employee may subsequently have problems with the appointment of a pension. This applies to controversial issues regarding the offset of certain periods of work related to harmful labor conditions that may arise due to the lack of a fixed position in the relevant lists.
Differences in the concepts of “profession” and “position”
Most often, the problem of making an erroneous entry in the work book is associated with a misunderstanding by staff members of the differences in the concepts of “profession” and “position”. In practice, such inaccuracies cause difficulties with the further calculation of seniority and other indicators.
If there is usually no problem with making an entry in the workbook about the dismissal, then when making a job, mistakes are often made such as "a lawyer has been accepted for the position," but this is not a position, but a profession (position - legal adviser). In this case, it would be more correct to indicate “adopted by a lawyer” or “accepted as a legal adviser”.
In some cases, these two concepts coincide, but more often they are different. For differentiation, it is necessary to have at hand the aforementioned uniform reference books on posts and professions. An all-Russian classifier of positions, professions and categories (tariff) No. 367 will also be a useful legal normative act. The specified OKKDTR is approved by the Decree of the Russian state standard of December twenty-sixth 1994.
Studying this document will help to avoid problems when making entries in the work book, issuing orders of orders and concluding labor contracts.
Differences in the concepts of “adopted” and “assigned”
Another problematic point is the misuse of the words “assigned” and “accepted”.
The essence of this distinction is that the concept of appointment is applied in cases where it is necessary and provided for by legal normative acts or local documents of the organization (regulation or charter). For example, you can appoint the head of a branch or representative office of a particular company. In other cases, the use of the term “appoint to any position” is unlawful.
Also a serious mistake in the use of these words is that staff workers do not persuade them in the employment of women. Proper use in relation to female employees will be “appointed” and “accepted”.
In some cases, personnel department employees do not use any of the above words when making an entry in the work book about part-time jobs or hiring the main job, indicating “enrolled” in the text, which is fundamentally wrong, since words with this semantics are used only if we are talking about entering an educational institution.
The next error of the semantic type is the indication of the form of the contract in the contents of the order, reflected in the work book. For example, an indication of the duration of the contract (if it is urgent) or the signature "term contract". Such a record should be contained in the order of employment, but not in the labor. This is due to the fact that when making an entry in the work book of dismissal, it will be clear that the contract was urgent.
Also a frequent mistake of the semantic-stylistic type is an indication of the appointment of a probationary period in employment. This information is not subject to fixation in the work book, since it is superfluous for this type of document.
Despite the precise instructions in the instructions that determine the content of the text when making entries in the work book, many employees involved in filling out labor documents make mistakes and shortcomings.
Actions with old-style labor books
Often, when hiring employers, the question arises of what to do if an employee wants to get a job with an old-style work book. In this case, staff workers should be guided by the Decree of the Government of the Russian Federation No. 225, published on April 16, 2003 in relation to books on labor activity. This document in the second paragraph determines that the new samples of labor books are applied from January 1, 2004.
If an employee is employed with an old-style document, it is valid and cannot be replaced. Work books were put into effect at the end of the seventies of the twentieth century. Therefore, this rule applies to employees who were employed in their first place of employment before the end of 2013.
When the workbook of the old form is over, an insert is drawn into it. In this case, the insert is printed on a new form of the form.
List of information entered during the move
When moving an employee within the framework of one enterprise, personnel workers are required to record this in a workbook.
The following types of entries can be entered in the workbook:
- Assigning a new rank, category or class.
- Transferring an employee to another permanent job without changing the employer.
- Change the name of the organization.
- Change of the name of a profession or position, change of the name of the structural department.
- Military service time.
- Training time for continuing education, courses and so on.
Information entered in the book in the course of the employee’s labor activity
From the moment a person is hired and up to the moment of his dismissal, he can make changes to the records of the work book or any intermediate actions for the personnel transfer of the employee within the framework of one enterprise.
A number of entries can be made in a workbook.
Assigning a new rank, category or class. The employer shall issue an order or order, on the basis of which a corresponding entry is made in accordance with the rules of paragraph 3.1. Instructions. For example: “Ivanova II works as a legal adviser of the 2nd category in LLC“ Comfortable living conditions. ”By order dated December 30, 2017 No. 533-ok, she was assigned 1 category, as a result of which a corresponding entry was made in the work book of Ivanova II
In the same way, other career advancements of a worker, the acquisition of additional professions, specialties, advanced training and so on are noted. For example, the following entry can be made: "I.I. Ivanova, 1st category legal adviser, working in Comfortable Living Conditions LLC, received a second profession - clerk with 2 categories."
Transferring an employee to another permanent job without changing the employer.Such an entry is made in the case when, according to the norms of the first part 72.1 of the article of the Labor Code, movement is carried out within the organization. Such a transfer is carried out in three cases: a change in the labor function, a change in the structural department, and a simultaneous change in the function and unit.
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The last column records the order, order or other type of decision of the employer to rename, as well as its details (number and date). If the entry is made using an embossed stamp, it is necessary that the size of the record on the stamp fit completely in the third column and not affect the fourth. Otherwise, the entry will be recognized as incorrect.
If the name change is not accompanied by a change in the legal form, it is not necessary to terminate the employment relationship with employees. If the legal form changes, then a new legal entity appears. In this case, the transfer is carried out by dismissal from one organization and admission to another. Then, a record of dismissal and admission to another job is entered in the work book.
An application for making an entry in the work book does not need to be written, unless the employee has discovered that some record is missing. Most often, data on previous education is skipped. In this case, the missed entry is entered into the work book. The sample looks simple. The record is made under the last data entered in the workbook. Affixed serial number, number. The content of the missing information is written. The number of the document (for example, order) is affixed, on the basis of which this adjustment is made. If the employee provided an extract from the previous place of work, its number and data of the person who certified this statement are indicated. As a rule, this is the head of the previous enterprise, on which the corresponding entry was not made.
Change of the name of a profession or position, change of the name of the structural department
In such cases, the entry is made similarly to other cases on the basis of an order or order of the employer, as well as on the basis of other documents.
Military service time
According to the provisions of federal law No. 53 of March 28, 1998, governing the specifics of military service and the implementation of military duties. This also includes the time of service in the internal affairs department, in the service of the Ministry of Emergency Situations of the fire department, the bodies and institutions of the penitentiary type, the police in the field of taxes, customs, and drug control authorities.
Training time for continuing education, courses
An example is the following entry: "The legal adviser of Comfortable Living LLC" I. Ivanov was sent by the employer to continuing education courses at the Russian Academy of Professional Training and Advanced Training of Legal Workers under the program "Innovations in Copyright Law". After graduation, he was issued a certificate of advanced training No. 645 dated 12/30/2017.
In some cases, other entries are made in the workbook, if this is established by legal normative acts. For example, if a citizen was admitted to the organization to carry out correctional labor without restriction of freedom, a note is made in the booklet that this labor period of activity is not included in the continuous labor experience (22nd paragraph of the Rules).
Reorganization Entries
If there is a reorganization of an enterprise in the form of a merger, merger, spin-off, division or transformation, when changing ownership (for example, transfer from municipal to state jurisdiction), as well as a change in subordination (jurisdiction), you must make the appropriate entries in the document.
The first part of the seventy-fifth article of the Labor Code determines that upon a change of ownership of organizational property within three months, termination of labor contracts with a certain circle of employees is allowed. Based on the fifth paragraph of the first part of the eighty-first article of the Labor Code, this circle includes the head of the enterprise, deputy heads and chief accountant. Termination of labor agreements with other categories of employees at the initiative of the new owner is impossible.
According to the norms of the fifth part of the seventy-fifth article of the Labor Code, when it comes to changes in subordination or jurisdiction, as well as reorganization, labor contracts with employees are not subject to termination on these grounds.
In any of these cases, the law gives the employee the right to terminate the work contract due to the employee's refusal to continue working (based on the sixth paragraph of the first part of the seventy-seventh article of the Labor Code of the Russian Federation). If the employee does not mind working with the new owner, an entry is made in his workbook, as if the organization was renamed.
If during the change of ownership or for other reasons the corresponding entry was not made in a timely manner, the personnel department will make the missing entries in the workbook.
The correct filling out of the work book is a guarantee that there will be no questions and disagreements when calculating the continuous, insurance and general types of work experience. Also, the absence of errors in filling out books on labor activity will help to avoid problems with the Pension Fund when applying for the appointment and accrual of pensions. In addition, legal regulatory control over the maintenance and storage of these documents in case of violations can lead to negative consequences for the manager and the organization as a whole.