The employee was fired under "article". How to correct the entry in the work book to “dismissed at his own request”

General approach

Correcting errors in personnel documents is regulated by labor law. Namely:

• Section 3 of the Rules, which were developed by the Government and enshrined in Resolution No. 225 dated April 16, 2003;
• Section 1 of the Instruction introduced by the Ministry of Labor through the publication of Decree No. 69 dated October 10, 2003.

False data in the work book cannot be crossed out with a pen or pencil; it is also forbidden to mask them with a stroke or erase them. The only way to cancel a sample entry in a work book is to invalidate a fragment of the completed form. This must be confirmed by instructions from the company management in the form of an order.

Adjustments can be made by the current or previous employer.

The content of the corrections must be identical to the essence of the manager’s orders, on the basis of which you are making changes. Cancellation of an entry in the work book must occur provided that there are compelling documentary grounds for recognizing the information entered in the form as incorrect.

Changes in personnel documentation are unacceptable due to the employer receiving oral complaints, claims or explanations regarding the contents of entries in the work book.

An important point about how to cancel an entry in a work record is that you cannot use corrective office equipment for this purpose. It is also unacceptable to edit data in the section on employment or in the block of data on incentives using the strikethrough method. The only option is to invalidate a separate entry and then record the correct information.

Also see “Rules for filling out work books in 2021.”

How to correct a mistake made when filling out the title page

If an error was made when initially filling out the title page, the damaged form cannot be processed further. A report is drawn up on the damaged form, it is destroyed, and a new document is created for the employee. The employee is not charged for a new form.

If an error was made by subsequent employers (for example, when filling out information about education or when changing a surname), a correction can be made using the above instructions and rules. The error is crossed out with a horizontal line, and the correct option is written next to it. The entered information is certified by the signature of the personnel employee and the company seal. After this, erroneous information can be considered invalid.

Correction algorithm

If it is necessary to correct incorrect information about a person’s work, canceling an entry in the work book occurs according to the following algorithm:

We recommend using this mechanism of action as a basis when correcting data on hiring, dismissal, or transfers. This approach is relevant for cases with errors of several types. When:

• the reason for incorrect entries is mechanical errors;
• the inaccuracy is due to incorrect execution of personnel administrative documentation;
• the judicial authority recognized the dismissal as unlawful, which resulted in reinstatement (in this case, you also need to know how to cancel an entry in the work book - see the example of the employer’s actions above).

In the latter case, the justification column should include not the details of the court decision, but the data of the employer’s order, drawn up on the basis of the court decision that has entered into force.

Regarding how to remove an entry from the work book to change the reason for dismissal, the method used here is to invalidate the information contained in the form and then enter the correct information.

In this situation, the employee has the right to demand a duplicate of the work report from the employer until amendments are made to it.

Also see “Duplicate work book: how to fill out in 2021.”

Please note that for violating the rules for reflecting corrections in the work book, the employer may be held liable under the terms of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

The following shows a standard example of canceling an entry in a work book:

Also see “The entry in the work record is invalid: how to correct it (sample).”

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29.09.2018

Grounds for cancellation of entry

In accordance with the laws governing labor relations, if an employee decides to terminate relations with a given employer and writes a statement about this, then within two weeks he may well change his mind and withdraw his statement back . The basis for this is Article 80 of the Labor Code of the Russian Federation.

If the application is withdrawn by the employee, then they do not have the right to dismiss him, unless during this time a new employee (invited from the previous place of work in writing) who has already been transferred from another place of work (Article 64 of the Labor Code) has come to replace him .

Since an employee may still change his mind after filing an application for termination of employment, all dismissal documents are usually prepared at the last minute. But it is still possible that the employee decides to stay at his old job exactly the day before the two-week period expires.

Regulatory legal documents regulating, in addition to the Labor Code, the issues of canceling erroneously entered information, are represented by the relevant Decrees of the Government of the Russian Federation on maintaining labor books .

How to cancel an order to dismiss an employee

The grounds for canceling an order to dismiss an employee vary depending on whether the dismissal has taken place or not. Let us consider in more detail the grounds for canceling an order in these situations.

On what grounds can a dismissal order be canceled if the dismissal has not yet taken place?

You can cancel the dismissal order before the dismissal has taken place, in any case if this is required. For example, if an employee changes his mind about resigning of his own free will and withdraws his resignation letter before the expiration of his service period, or you decide to cancel the reduction in headcount.

On what grounds can a dismissal order be canceled after dismissal?

After dismissing an employee, you cannot unilaterally cancel the dismissal order; this is not provided for by law (Decision of the Supreme Court of the Russian Federation dated January 10, 2014 N 70-KG13-7).

You need to cancel such an order after the dismissal has taken place if you have an order from the state labor inspectorate to cancel the dismissal order or, for example, by a court decision the dismissal was declared illegal and the employee was reinstated at work (paragraph 2 of article 356, part 1 Article 357, Part 2 of Article 391 of the Labor Code of the Russian Federation, Part 1 of Article 106 of the Law on Enforcement Proceedings, Review of judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2011).

How to draw up an order to cancel an order to dismiss an employee

Draw up an order to cancel the order to dismiss the employee in any form, since there is no normatively approved one. We recommend that you indicate in your order, in particular:

• surname, name, patronymic of the employee;
• position from which dismissal is cancelled;
• reason and date of dismissal;
• details of the dismissal order and information that it is being cancelled;
• the basis for canceling the dismissal order (for example, a court decision or a writ of execution indicating details);
• information that the employee is allowed to perform his previous duties (if he is reinstated), and if you cancel the order before the dismissal takes place, that the employee continues to work;
• instructing the employee responsible for maintaining work records to draw up a record of invalidation of the dismissal record (if you have already made one);
• other necessary instructions (for example, making corrections to a personal card, accruing and paying the required amounts to the employee, keeping records of his working time).

When should an order be issued to cancel an order to dismiss an employee?

The time frame for issuing an order to rescind a dismissal order varies depending on why you are rescinding the order. Next, we will consider the timing of issuing an order to cancel the dismissal order in the most common cases, namely:

• there is no longer any basis on which the employee’s dismissal was planned;
• you have been issued an order by the state labor inspectorate to cancel the dismissal order;
• there is a court decision to reinstate the employee at work.

When should an order be issued if there are no grounds for dismissal?

In this case, you need to issue an order to cancel the dismissal order before the dismissal date specified in it occurs.

Otherwise, the dismissal will occur without legal grounds and, most likely, will be declared illegal, and the employee will be reinstated at work, he will need to pay for the time of forced absence, as well as other amounts (for example, legal costs). This follows from paragraph.

1, 2 tbsp. 234, part 1, 2 art. 394 Labor Code of the Russian Federation, Part 1, Art. 98 Code of Civil Procedure of the Russian Federation, para. 1 clause 60 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

When should an order be issued if the dismissal order needs to be canceled by order of the state labor inspectorate?

If a corresponding order has been issued by the state labor inspectorate, issue an order to cancel the dismissal order within the period specified in the order (Clause 1, Part 1, Article 17 of the Law on the Protection of the Rights of Legal Entities and Individual Entrepreneurs, Part 1, Article 357 of the Labor Code of the Russian Federation).

Otherwise, you may be brought to administrative liability under Part 23 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation for failure to comply with an order.

When should an order be issued if there is a court decision to reinstate the employee at work?

If a court decision is made to reinstate an employee at work, it must be executed immediately (Article 396 of the Labor Code of the Russian Federation, paragraph 4 of Article 211 of the Code of Civil Procedure of the Russian Federation).

The law does not explain what is considered an “immediate” period. As practice shows, this is the next working day after the court makes a decision.

During this period, we recommend issuing an order to cancel the dismissal order, despite the fact that the court decision, as a rule, itself cancels the dismissal order. Your order will be confirmation that you have fulfilled the requirement to reinstate the employee at work (Part.

1 tbsp. 106 of the Law on Enforcement Proceedings, para. 2 clause 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 N 50).

In addition, such an order is usually needed, for example, by a human resources specialist to invalidate the dismissal entry in the work book.

If you do not comply with the court decision in a timely manner, the bailiff may collect an enforcement fee from you and set a new deadline for execution of the decision.

And if you do not reinstate the employee at work within the newly established period, you may be fined under Part 1 of Art. 17.

15 of the Code of Administrative Offenses of the Russian Federation, and in the event of subsequent failure to comply with this court decision within the period newly established by the bailiff - under Part 2 of Art. 17.15 of the Code of Administrative Offenses of the Russian Federation (Article 105 of the Law on Enforcement Proceedings).

In addition, the court, at the request of the employee, may oblige you to pay him the average salary for the entire time of delay in the execution of the court decision (Article 396 of the Labor Code of the Russian Federation, Part 2 of Article 106 of the Law on Enforcement Proceedings).

Whom to familiarize with the order to cancel the order to dismiss an employee

We recommend that you familiarize yourself with the order by the employee himself against his signature. This will avoid abuse on his part. For example, he will not be able to refer to the fact that he did not know about the cancellation of the dismissal if, after this cancellation, he does not return to work without good reason.

If necessary, familiarize other employees with the order. For example, a HR specialist - to make changes to personnel documents.

Enter information about canceling the dismissal order in the employee’s work book and personal card, if you have already entered a dismissal record there. Next, we'll look at how to do this.

How to make an entry about the cancellation of a dismissal order in the work book

You need to invalidate the entire previously made dismissal entry in a special manner: in column 3 of the “Work Information” section of the work book, indicate that the entry is invalid.

If the reason for entering it is related to the reinstatement of the employee, additionally indicate “reinstated at his previous job” and in column 4 reflect the details of your order to cancel the dismissal order.

And if, for example, you need to correct the wording of the grounds and date of dismissal, then after declaring the previously made entry invalid, indicate the correct wording and date of dismissal.

How to enter information about canceling a dismissal order in an employee’s personal card

The procedure for making such changes to a personal card is not legally defined.

We recommend doing this in the same way as, for example, when canceling a disciplinary sanction in the form of dismissal, in particular: cross out the entry about the dismissal, and in the “Additional information” section, indicate that the dismissal has been canceled and familiarize the employee with this entry against his signature.

Source: https://urist7.ru/trudovoe-pravo/uvolnenie/kak-otmenit-prikaz-ob-uvolnenii-rabotnika.html

How to challenge an employment record in court?

Consideration of such a conflict by the Labor Dispute Commission is not a mandatory stage in resolving an individual dispute. This means that you can go straight to court.

What documents will be needed first for court proceedings:

• the claim itself is a statement that your lawyer will help you draw up;
• work record book and concluded contract;
• a document provided by the employer confirming the grounds on which an entry that was incorrect from your point of view was made in the employment record.

To support the case, it is best to immediately seek the help of a lawyer - a specialist in labor disputes. With its help, you will be able to meet the required deadlines, quickly and correctly draw up all the necessary applications, and collect a package of documents. A specialist will help you prepare for the various stages of your case.

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You can return to work at any time.

If your employer fired you (Article 81 of the Labor Code of the Russian Federation), then you have the right to be reinstated in court (Article 392 of the Labor Code of the Russian Federation).

An employee has the right to go to court to resolve an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the date he was given a copy of the dismissal order or the day of issue of the work book. To resolve an individual labor dispute regarding non-payment or incomplete payment of wages and other payments due to an employee, he has the right to go to court within one year from the date of the established deadline for payment of these amounts, including in the case of non-payment or incomplete payment of wages and other payments due to an employee upon dismissal. (Part two introduced by Federal Law No. 272-FZ dated July 3, 2016) ... If the deadlines established by parts one, two and three of this article are missed for good reason, they can be restored by the court.

If your employer violates the law, you have the right to file complaints with the State Tax Inspectorate and the prosecutor's office. With respect, Nadezhda.

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> Cancellation and correction of an entry in the work book

Ivan Shklovets (Rostrud) answers the questions.