Where is the employee’s work book stored? Employees of private campaigns who are afraid that this document may be lost in the human resources department of an enterprise are most often interested in this question. So, immediately I want to say that the work books are kept by the employer during the entire period of the employee’s professional activity. These documents are under special control. Therefore, to store employee work books in the organization, a fireproof safe or a metal cabinet must be provided, which will be locked. Read more about all this below.
A little about the main thing
Where is the employee’s work book stored? The answer to this question is quite simple. The specified document is stored in the organization at the main place of work of the citizen. In order for labor books to be safe and sound, they must be in a special, fireproof safe or metal cabinet, under the responsibility of the head of the enterprise. However, in most cases, these documents are stored in the personnel department, which also contains the personal files of all employees of the company. Responsibility for work books in such a situation rests with the head of the personnel department. This must be remembered.
For reference
Labor books have existed in our country for a very long time. For the first time, these documents appeared in 1939. Moreover, the form of the work book has changed more than once. Currently, a sample document of 2004 is being used, which was approved by the Government of the Russian Federation.
Legal regulation
In accordance with applicable law, the storage of work books and their inserts is the responsibility of employers. This is indicated in the Decree of the Government of the Russian Federation "On labor books" dated April 16, 2003 No. 225.
To ensure the safety of documents, the head of the enterprise is obliged throughout the term of the contract with the employee. A work record book is necessarily issued to the subordinate personally in the hands of the last day of his career at the enterprise, as well as his close relative on receipt in case of death of the employee. This must be remembered.
Where is the employee’s work book kept after his dismissal, if he refused to receive this document? This is a very interesting question that worries many citizens. So, in this situation, the work book should be kept in the archive of the enterprise on demand for 50 years, but provided that it entered the archive after 2003. If this document was transferred to the archive earlier than the specified year, the storage period is increased to 75 years. This is a prerequisite.
General issues
Where is the workbook of the employee stored if he carries out official activities in a commercial company? The answer here will be quite simple. After formal employment, the responsibility for the storage and maintenance of the document lies with the head of the organization. In the event that the latter issues an order and transfers the labor books for storage to a specialist in the personnel department, then this specialist will already be responsible for their safety. This is the order.
Where should employee work books be kept? Is the employee allowed to keep the document at home and not transfer to the head of the company? The answers to these questions are contained in the labor law. In accordance with the Labor Code, the employer must make an entry in the workbook if the employee has been working at the enterprise for more than five days.
In addition, the employee transfers the specified document to the personnel department at the time of registration and will be able to pick it up against signature upon dismissal from the enterprise, as well as if the latter is required for labor for the purpose of social security. Everyone needs to know this. It is only possible to leave a work book with you if a person works unofficially. Because in this case official documents are not required.
In accordance with the approved legislation, all employee work books should only be in a safe or in a metal cabinet that is locked with a key. If documents are stored in a nightstand in the personnel department, this will be a serious violation.
Some nuances
Very often, citizens ask themselves whether it is possible to get a job personally in hand without being fired from work if the specified document is necessary for the purpose of granting a pension? To answer this question, you need to refer to the stat. 62 shopping mall. This norm clearly states that upon the written application of the employee, the employer must issue the last (no later than 3 working days from the date of application) labor book for the purpose of compulsory social services. employee insurance.
Thus, the subordinate has the right to demand the issuance of labor, if he really needs it. There is nothing illegal here.
a brief description of
Where is the employee’s work record kept by law? Once again, I would like to answer this question. The work book is stored in the personnel department of the employer's organization at the main place of official work of the employee. If, the latter is arranged for another company part-time, then he will not need this document. This is the order.
At the request of the citizen himself, information on his part-time professional activity may be entered in the work book. Although, according to the law, this is not mandatory.
At the present time, labor is the only document confirming the length of professional work of a citizen, which must be taken into account in order to assign the last pension. In the event that it was lost by the employer, the organization is obliged to reinstate the work and enter into it all the information about the employee’s official activities. The employer must deal with the issue.
Upon dismissal
In the event of termination of official relations with the employee, the employer is obliged to issue him a work book on the last day of the work of the subordinate. If the latter is absent for a specific reason at the workplace, then the manager is obliged to send him a notice of receipt of employment or consent to send this document by mail. This must be remembered.
Upon dismissal of the employee, the work book must be issued to the employee along with the final calculation. It should be so by law.
Upon written request of an employee who has not received labor, the employer is obliged to issue it no later than three days from the date of the appeal of the latter. Otherwise, the employee may file a complaint with the prosecutor's office and even with the court.
Responsibility
Where are work records of employees of the organization? According to the law, documents must be in a safe or a metal cabinet, which must be locked with a key. If an employee requires a copy of the labor to obtain a loan, then the personnel specialist issues such a copy and certifies it properly (puts his signature and seal).
What awaits the guilty employee in the event of damage or loss of the employee's work book? In this case, you need to refer to the norms of administrative law. According to article 5.27 of the Code of Administrative Offenses, the following sanctions are provided for violation of labor legislation:
- for officials - a warning or a fine in the amount of 1000 to 5 thousand;
- for persons who carry out activities without forming a legal entity - a fine from a thousand to five;
- for organizations - only a fine in the amount of 30 to 50 thousand.
However, if the employer has previously violated labor laws, then the penalties will be significantly higher. In part 2 of Article 5.27 of the Code of Administrative Offenses, the fine will already be from 10 to 20 thousand for an official, and for a legal one - from 50 to 70 thousand. Also, the disqualification of an authorized person from one to three years may be applied. This should be known to all citizens whose documents have been lost by the employer.
Additional Information
The issuance of work books to employees is carried out by the employer on the basis of applicable law. For these purposes, each organization has a special journal. It is called the "Book of movement and accounting of labor books." On the day of dismissal, the employee is required to receive his labor and sign in the journal.
Employers fear responsibility for the loss or damage of work books and therefore treat their storage with maximum responsibility. That is why documents should be in a safe or a special metal cabinet. And always under the control of an official.
What is planned?
Legislators have long been considering the introduction of electronic work books in Russia. At first, it was planned to be done in 2017. But at present, paper labor books still operate in Russia. The Ministry of Labor also stated that it is necessary to study in more detail the issue of transferring citizens of our country to electronic labor documents. Because, according to many experts, this will reduce the number of sending paper documents.
For information
Issue a work book to an employee in the personnel department of an organization must in two cases:
- when the employee needs it for social insurance purposes;
- upon dismissal from the institution.
In all other cases, the employee has the right only to receive a copy of this document. If an employee has died, his spouse or other relatives may receive the work book, but only against receipt.
Here I would also like to say that the employer should purchase labor books and inserts for them only in special printing centers, and also ensure that they comply with state requirements. Indeed, for each young employee, the organization independently starts a work book, in which it enters information about the first place of a citizen's professional activity. The latter is not required to purchase it on their own.
Finally
When an employee is dismissed, an entry in the workbook is made only on the basis of the order of the head. There should not be any abbreviations in the document. Otherwise, such a record will be considered invalid. Many HR specialists do not know this and admit significant violations when filling in the labor.
If a citizen takes a part-time job, he is not obliged to provide a work book to this organization. In this case, a copy from it will be enough, which can be taken in the personnel department at the main place of official activity.
The employer is obliged to issue the work book in the hands of the employee upon the written application of the employee, but only in cases stipulated by law.