Briefly about the main thing
Termination of the employment relationship for one reason or another is first formalized by a dismissal order. This is followed by a procedure for recording in the employment document, recording the date of dismissal, order number, and reason for dismissal.
We will not dwell in detail on the wording of this entry , since the modern version of the “Instructions for filling out work books” is available and includes all the wording for the most common reasons for the dismissal of an employee.
Let's start from the moment when the entry has already been made. The next stage will be its official certification. How exactly this aspect is implemented is suggested by a special regulatory document called “Rules for maintaining, storing work books, producing forms for them, as well as providing them to employers” (hereinafter referred to as the Rules).
In particular, clause 10 of this set of Rules stipulates that during the cancellation of an employment contract with an employee, all entries that were made during the labor process in his work book (hereinafter used in the text as Labor Code) must be endorsed by the employer’s personal signature or the person responsible for working with the Labor Code, signature of the dismissed employee, as well as the seal of the institution.
Below we will consider in more detail each point of the entire procedure and who signs it. But before you start, I would like to make sure that you know what an entry in the work book looks like when a position is reduced, what to write when resigning of your own free will. Otherwise, you simply won’t understand what we’re talking about.
Rules for registering a work book
The purpose of maintaining a work book is to confirm the length of service. This is a personal document that reflects the stages of activity, length of service, and quality of a person’s work. Proper maintenance, execution and storage of personal papers is mandatory for the employer and this is regulated by the law of the Russian Federation. Typically, the head of the organization assigns such responsibilities to the head of the personnel department, secretariat or office work, writing an order appointing a responsible person in free form. The books must be stored in a place inaccessible to unauthorized persons or third parties - a locked cabinet or safe. The duration of the document at the enterprise is until the employee’s dismissal.
When filling out a new document, you must comply with the basic requirements:
- write with a ballpoint or gel fountain pen in blue or black colors;
- make entries on the pages of the document only on the basis of the order, entering its number;
- exclude various abbreviations;
- Enter dates in Arabic numerals.
It is important to know! When filling out the title page, you should write your full name, month of birth in words, specialty - in the nominative case. This should be followed by a signature, its decoding and the stamp of the enterprise.
Regulations
Any action related to the employment of an employee is clearly specified in the law. Working with books is regulated by the following regulations:
- Labor Code of the Russian Federation.
- Decree of the Government of the Russian Federation No. 225 “On work books”.
- Resolution of the Ministry of Labor of the Russian Federation No. 69 “On approval of instructions for registration.”
When working with personal documents of employees, the responsible person should be aware that personal data is confidential information. Improper maintenance and storage leads to loss, damage and interferes with the quick search for the necessary data. Therefore, this area of the enterprise’s work must be under special control by the manager.
When applying for a job
In the “Job Information” section, you must indicate the full name of the organization and enter the serial number of the entry. Next, fill in the date of admission, position, department of the enterprise where the specialist is employed. The next column contains the order number. At this stage, a signature and stamp are not required.
Upon dismissal
When dismissing an employee, you should also start recording by indicating the serial number and date of termination. Next, you need to note the grounds and reasons for terminating the employment contract. This mark is made taking into account the wording from the Labor Code, without abbreviating it. Then the details of the order are indicated and certified with the signature of the head and the stamp of the organization.
Employer's signature or...
Clause No. 45 of the above Rules obliges the employer to bear full responsibility for working with employees’ employment documents. The role of employer can be either an individual entrepreneur or a legal entity.
With an entrepreneur, the situation is simple - he is required to independently make entries in labor documents. However, what if the employer is a legal entity? In such a situation, responsibility for everything is provided for by the head of the organization, i.e., the sole executive body.
Such a leader can be called anything (director, general director, president, etc.). In other words, the essence of the position will not change , but the main conclusion will be that the manager has the right to make appropriate entries in the Labor Code.
The reality is different. Today, it is rare to find a manager who personally deals with the issues of work records of his subordinates. The only exceptions are representatives of small businesses.
To get out of this situation, a common option is to appoint a person responsible for all work with the TC by issuing an appropriate order, certified by the manager.
Let us note that the employer has the right to appoint any of his employees responsible for this issue , but most often such powers fall on the shoulders of the personnel officer, accountant or secretary.
We will separately consider the option when the employee responsible for working with the technical complex went on sick leave or is on vacation. How then to quit?
The ideal option would be to make the entry personally by the manager. But another solution is quite acceptable - appointment. And. O. responsible for the work books of another employee.
Note that in such a development of events, it is mandatory to issue an order containing the following information:
- Full name of the employee who is entrusted with the temporary fulfillment of these obligations;
- time interval for performing duties;
- the amount of the salary increase for the specified period.
Do I need to certify the seal?
Yes, such a need is spelled out in the Labor Code of the Russian Federation. Each seal must be confirmed with two signatures. The first is put by the responsible employee who filled out the dismissal information. The second signature is placed by the owner of the work book himself after checking it and making sure that everything is in order with the documents.
In addition, the responsible employee has every right to further protect the seal by gluing a sticker on it - a hologram produced by Gossznak. Its presence is not necessary, but it is often used to protect seals, signatures and other important information from editing.
Requirements for the signature of the responsible person
Since we are talking about the concept of “signature,” let us turn for clarification of terminology to GOST 6.30 entitled “Unified system of organizational and administrative documents” (edition 2003). This document states that the requisites called “signature” must include:
- the title of the position of the person who signed the document;
- personal signature of the above person;
- Full name as a transcript of the painting.
Further in the text, for convenience, we will use the symbol “φ” as a signature. So, the personal signature in the work book upon dismissal of the person responsible for the labor committee (let it be an accountant) will take the following form:
Accountant φ Lokteva K.V.
In the case of an individual entrepreneur, who was obliged by Article No. 66 of the Labor Code to personally make entries in the document being described, the signature will look like this:
Individual entrepreneur φ Kotov Yu.B.
A lot of controversy arises over the question of the possibility or impossibility of reducing the words “individual entrepreneur” to two letters “IP”.
The answer to troubling doubts lies in the Rules, which very clearly state the impossibility of any verbal abbreviations in the process of making an entry in a labor document (the only exception is initials).
The only variations allowed are as follows:
Employer φ Prigozhin A.A.
Of course, the last example does not fully meet the requirements of clause No. 3.22 of the above-mentioned standard (there is no job title), but in fairness it is worth saying that the Labor Code Rules do not indicate strict compliance with GOST requirements.
In addition, the work book itself, with a big stretch, can be classified as documentation of an organizational and administrative nature. In other words, this GOST in our case is more of a recommendation than a rule.
The employee's signature in the work book upon dismissal. Record type “acquainted”
After the signature of the employer or responsible person there must be a signature of the employee himself. Unfortunately, due to the lack of coverage of this issue in the Rules, the imagination of personnel officers has given rise to a large number of variations of this very painting. The most popular option was the following signature:
The records were reviewed by φ Sidorov
The first significant drawback of such a record is the lack of initials, because often the “squiggle” of the signature may not closely resemble the employee’s last name. The second mistake is the wording that came almost out of nowhere: “I have become familiar with the records” or simply “I have become familiar.”
Why out of nowhere? Because in reality there is not a single regulatory document that would require the signature of a dismissed employee to be drawn up in this way.
Another common misconception is to place the employee’s record (assuming it is indicated by the symbol “μ”) next to the personnel officer’s record:
Inspector OK φ Lokteva E.V. μ
There is still a lot of controversy surrounding this issue. Defenders of the optionality of deciphering an employee’s signature argue that since the surname, initials and signature are on the title page of the employment contract, then in case of dismissal it is enough just to sign.
But what to do, for example, if the employee is a woman whose last name has changed during her work in this organization (for example, she got married)? It will not be possible to compare signatures in this situation, because it is common knowledge that when a person’s surname changes, the person’s signature also changes.
So where does the signature go? The ideal arrangement for both signatures would be:
Inspector OK φ Lokteva E.V. Engineer I category μ Zaitsev M.V.
Disputes also arise about whether it is worth indicating the full name of the employee’s position, because sometimes it can turn out to be quite cumbersome and simply cannot fit on the line.
In this case, the following solution is acceptable:
Inspector OK φ Lokteva E.V. Employee μ Sobolev V.A.
For more information on how to sign an employee’s work book upon dismissal, read here.
Regulations
Although the legislation of the Russian Federation is trying to regulate the issue of stamping work books, this is still not being done to the extent that we would like.
The Labor Code of the Russian Federation includes only clauses that contain the need to affix a seal to work books.
The issue of stamping is regulated to a greater extent by:
- Rules for accounting and storage of labor books, approved by Resolution No. 225.
- Instructions for filling them out, approved by Resolution of the Ministry of Labor No. 69 of October 2003.
Documents can be downloaded here:
Decree of the Government of the Russian Federation of April 16, 2003 N 225
Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69
Stamp in the work book upon dismissal and basic requirements
The last element of certification of the dismissal record, as noted earlier, is the seal. The first aspect of this point that is worth dwelling on is what kind of seal should such a record be certified with? Previously, you could choose from two options:
- seal of the operating organization (enterprise);
- seal of the HR department (service).
But since 2008, the Rules have been somewhat transformed . A number of amendments made included an order from Rostrud to replace part of the phrase in paragraph 35 “... with the seal of the organization (personnel service) …” with “... with the seal of the employer.”
The changes were caused by the need to bring the Rules into maximum compliance with the current Labor Code, which uses a single term “employer”.
In other words, after these amendments come into force, certification of a dismissal record using the seal of the HR department is considered a gross violation of the procedure. Regarding the location of its imprint, there are a number of corresponding requirements:
- the seal cannot cover personal signatures or make it difficult to read other important details (for example, order number);
- the imprint should slightly overlap the job title of the person being dismissed, ideally occupying most of the empty lines at the bottom;
- The printing on the document must be clear and readable.
Actions in case of error
Persons authorized to work with personnel documentation are instructed on how to place stamps correctly and in what places, as well as when to use the seal of the personnel department and the organization. However, when filling out books, mistakes can be made , which entail unpleasant consequences for both parties, including the possibility of imposing administrative sanctions.
Thus, upon dismissal, it is not allowed to put another imprint instead of the round seal of the organization. If this happens, the next steps depend on the circumstances. When the wrong seal was used, you need to make an entry on the next line, assigning it a serial number.
Under the next number, you must again enter information about the employee’s dismissal from his position, and below must be the signatures of authorized persons. The new entry is certified with the appropriate round stamp of the organization (or branch). An employee who has corrections in his book must be issued a certificate so that he can present it to the Pension Fund.
If the print by chance is not where it is supposed to be, this does not entail a decrease in the legal capacity of the record. A stamp that is slightly below, above, to the left or to the right of the intended place certifies the entry properly. When the page is mixed up, the mistakenly placed stamp must be left without signing anything there, and another stamp must be placed in the correct place. In this case, the owner of the book receives a certificate certifying his experience.
A round stamp with incorrect details may appear in the work book due to organizational difficulties. Example: a company has several subsidiaries, and an employee, temporarily acting as a personnel officer, but not properly brought up to date, simply mixed up the seals. In such a situation, you must either put a round stamp next to it with the correct details, or additionally make a corrective entry.
In the future, PF employees may have legitimate questions for the owner of the book , so he should protect himself in advance by obtaining a certificate. The document must indicate that the person worked in a specific organization for a certain period of time.
Assurance: concise and simple
Based on the above analysis, we can draw conclusions. In accordance with all requirements and standards in the field of labor law, the act of ending the employment relationship is recorded by the employee’s signature on the following documents:
- an order indicating dismissal;
- employment history;
- personal card made according to Form T-2;
- book on recording the movement of work books.
By following the simple tips outlined in this article, you will be able to competently and skillfully approach the procedure for certifying the dismissal record in your employment document.
Now you know who must sign the Labor Code, and whether the signature of the employee and the employer is required. What to do if they do not issue a work permit on the day of dismissal - read on.
Do you need a seal?
The Labor Code of the Russian Federation obliges responsible employees of the employer's management and HR department specialists to put a stamp on each notice of dismissal . This is necessary for one simple reason - without the appropriate stamp there will be no guarantee that the notice of dismissal is genuine. On this basis, the new employer may well refuse to employ you.
So keep in mind - if when you receive your work book you do not find a seal, then you need to give it back to the HR department and file a corresponding claim. Picking up a work permit without a stamp is a big mistake, and if you sign documents stating that you have no claims against the organization, then in the future they are unlikely to give you a stamp.
Application order
Maintaining personnel documentation requires compliance with a large number of rules regarding the correctness of entering the necessary information, securing and confirming it, as well as marking it. The work book is a document of particular importance, since it is the main source of confirmation of a citizen’s length of service in a particular position. Errors in this document can lead to refusal by the Pension Fund of the Russian Federation to count the time of work into the length of service, which affects the pension, refusal to accept a new job due to undocumented experience, and so on.
Only an employee of the personnel department or the manager responsible for hiring and firing employees can affix stamps to the work book. The signature is also affixed only by the specified subjects.
We recommend you study! Follow the link:
Individual entrepreneur without a seal: sample letter about the absence of a seal
Speaking about the correct procedure for using an imprint when filling out a work book, you should separately consider the following pages of the document:
- Title. The work book begins with a title page, which should reflect information about the employee, full name, date of birth, education and initial position. The employee’s personal signature and, accordingly, the seal and signature of the head of the organization acting as the employer are also affixed. In this case, the imprint is reflected at the bottom of the page on top of the employer’s signature.
- Main pages. In the process of maintaining a work book, a mark can be made only if an entry is made about the termination of employment, regardless of whether the dismissal occurs at one’s own request or forcibly. Cases are also allowed when changes are made to the labor record that cancel the previous entry.
Otherwise, a stamp is not required, even if at one place of work the personnel department was forced to provide additional information to one employee several times.
You should not focus on how many notes should be reflected in the work book, since the specific number will depend on the number of times the person changed jobs.
At the initial stage of employment, the book always has only one image on the title page until dismissal. Further, when applying for a new job, the mark will not be affixed only if the fact of termination of the employment relationship is again recorded. It is important to pay attention to the correct placement of the imprint and pay attention to the quality of the imprint, since fraudsters often try to fake certain marks in order to record work experience or reflect more experience in a specific position for another employer. Only an examination can prove authenticity, since forgery of such marks is one of the most developed types of fraud today.
Samples and examples when terminating an employment contract
Example for dismissal at the initiative of an employee:
Sample for abbreviation:
Example by agreement of the parties:
