Stamp in the work book in 2021 - upon dismissal, if not stamped, when to put it

20.07.2019
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3 min.

Stamping in the work book upon dismissal is an important component of the proper execution of the document, which has certain rules established by current legislation. An incorrectly affixed stamp is a serious violation, and the personnel employee is responsible for this. For a dismissed employee, this will mean the loss of legal significance of the record on which the incorrect stamp is placed.

Regulatory documents on printing

The issue related to the placement of a seal in a document of the type in question is regulated by many legislative articles, which do not form a single section, but are present in different legal acts.

The same Labor Code contains minimal information on this matter , stating that entries in “labour” must be made in accordance with certain rules, without specifying what these rules are. This legislative document does not contain a separate article regulating the requirements for affixing a seal.

contained in the rules for personnel officers , which establish how “work records” should be stored and filled out, is more detailed within the framework of the question posed Thus, paragraph 35 of these rules states how records are confirmed through printing.

Letter of the Ministry of Labor No. 69 dated October 10, 2003 in paragraph 2/2 tells us quite clearly how the seal is placed on the title page.

And now we will pass on the many years of experience gained by the HR department employees, which has become a kind of rule for filling out work books. Because, unfortunately, there are no guidelines for applying a stamp.

FAQ

How to refuse printing?

Initially, you need to understand that all information about the seal is in the company’s Charter. Therefore, it is recommended to begin the procedure for canceling seals by making changes to it.

However, today the entire mechanism for refusing to put a stamp on a work book is still under development. Today, the Rules clearly state that information on the title pages, including information about dismissal, must be certified by a seal (in accordance with paragraph 2.2 of the Rules adopted by Government Resolution No. 69).

For this reason, many experts in this field say that the lack of printing today can still lead to considerable problems.

See the video for more details.

What should I do if the imprint contains incorrect organization details?

You can correct such an error by making an appropriate entry.

Example:

O.I. Buk decided to resign from Diagonal LLC. In the work book, a similar entry is indicated under number 6. An employee of the HR department accidentally stamped the seal of Parallel LLC.

How can I fix this?

The solution is simple:

In the first column, after the information under number 6, you must indicate the serial number 7, and in the second column, indicate the date the information was entered.
In the third column, entry No. 7 is made: “Information under number 6 is considered invalid.”
In this field you will need to enter the correct information, but without indicating the serial number.
Column 4 duplicates the date and number of the issued dismissal order.

Ultimately, the employee’s signature and the seal of the HR department with the corresponding imprint are affixed.

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Employment history

Reason for stamping the work book

The seal is of great importance, and any record certified by the stamp of the organization acquires legal force. Since the seal is with the employer, it means that the acts certified by it were examined directly by the employer and were approved by it.

Documents certified by a seal automatically become local regulations and are required to be read and followed.

The stamp is placed when filling out the title page . If an employee who does not have seniority and experience and, therefore, has no work experience comes to the employer to get a job, he must ask the employee to issue him a new work book.

The following information is initially entered:

Full name
Date of Birth;
speciality;
place of study;
the level of education.

This information is certified by the seal of the organization, that is, the authenticity of the information specified here is recognized.

The stamp is placed on the employment record in the immediate employment form. Thus, the employment record is considered to have entered into legal force.

Which stamp should I use?

General seal of the organization
Stamp “For documents” (Stamp of the HR department)

The general seal of the organization is usually kept by the employer. Only he puts it on all kinds of documents and forms that have official significance or are local regulations.

The HR department seal is not mandatory and can only be affixed to a signature made by an HR department employee. In this case, the use of a seal in the work book for personnel documents is not allowed. If the execution of any procedure is certified by the signature of the manager, then in such a case the seal of the organization must be affixed. However, it is absolutely legal if such a seal is affixed to the signature of a personnel employee.

At the same time, in order to prevent any errors or inaccuracies, it is best to use one type of seal - the general seal of the employing organization .
It is she who has greater legal force than the seal of personnel officers. It is advisable to put it on documents such as copies of work books, educational documents, certificates issued by the personnel department, extracts from work books, etc.

Basic errors and measures to eliminate them

Print is not printed (fuzzy or unreadable)

If the stamp placed is unclear or difficult to see, then this situation can be corrected. If there is practically no imprint at the print site, you can print it again.

In a situation where information from the first seal is being viewed, you can proceed as follows: moisten the seal in paint and re-print it next to the previous one.

It is important to remember: correcting an unreadable seal imprint cannot be taken as an error, but is a necessary necessity.

There are extra images

If the extra stamp in the work book does not interfere with reading the necessary information, the best option would be to leave everything unchanged.

Let's look at the situation using an example:

A new employee has joined the construction company. His document from his previous place of work contains several stamps (about hiring and dismissal). How can I fix this error?

According to the Decree of the Government of the Russian Federation, a seal on employment is not affixed, and all entries in the document made during the course of employment (promotion, remuneration, etc.) are certified exclusively by the signature of the employer.

In addition, according to the prescribed instructions in the Resolution, nothing is said about how one should act in such a situation. Moreover, as practice shows, the best option is really to leave everything as is.

They put the wrong one (incorrect form)

There are also situations when HR department employees mistakenly put the wrong stamp under the information in a document.

There is no need to immediately cross out the stamp.

It is enough to indicate the serial number and write one phrase of your choice:

“Record No. 1 is unreliable”;
“Record No. 2 is considered invalid”;
“Record No. N is unreliable.”

The main thing to remember is that the meaning of the fact that the previous entry is recognized as incorrect is important.

How to correctly record gratitude in a work book? Read our article.

How is an entry made in the work book for a fixed-term employment contract? Find out .

What to do if you are denied Chernobyl leave? See.

Place to put the stamp

During initial filling

The seal of the organization or the seal of the HR department is placed on the title page of the work book during its initial registration. Before this, personal information about the employee is indicated on the title:

his last name, first name, patronymic
day, month and year of birth
information about his receipt of appropriate education
the name of the acquired profession or specialty.

After the specified data is entered on the first page of the work book, the employee signs, confirming the correctness of the data provided. Finally, all completed entries are signed by the person responsible for issuing work books and certified with a seal.

It should be noted that all personal information about the employee is filled out by an authorized person on the basis of relevant documents (for example, a higher education diploma, passport, driver’s license and others).

If we are talking about a form, then you need to put a stamp under the entry, preferably on the right side. The seal must be clear and not overlap the entry in the work book, thereby making reading the information problematic. The employer's signature must be placed next to the seal.

When changing records and data

The organization's seal is affixed if the employee has changed his last name, first name, patronymic or other data. In this case, the previous entry is crossed out with one line and a new one is carefully entered, indicating the relevant documents, on the basis of which such changes are made. The authorized person puts his signature and seal on the back cover of the work book.

When dispensing the insert

From time to time, all available pages of any section of the work book become filled out. In such situations, the person involved in issuing and maintaining the relevant documents is obliged to issue an insert, which is valid only in conjunction with the work book. This procedure is entered into the work book and certified by a seal (stamp) with the inscription “Insert issued” indicating its serial and serial number.

Upon dismissal

When an employee is dismissed at his own request or for other reasons, the work book is signed by the head of the organization in which the employee worked, or by another person performing functional responsibilities for issuing work books and maintaining them, and directly by the employee himself. After this, the personnel department employee is required to put a stamp in the work book.

Where to put it?

The seal must have a clearly defined place on the pages of the work book. Depending on what information is included in the labor document, the location of the corresponding seal is determined.

If you need to put a stamp on the title page of the work book, you must first sign the employer. As a rule, the signature is placed in the lower right corner on the right side of the double-page spread. The signature is placed on top of the signature so that the signature is as much as possible in the center.

The employer's signature must be placed next to the seal. Thus, placing a seal is of decisive importance, because if you put it in the wrong place, it will either make it difficult to read the information from the work document and on the seal, or the distance between the seal and the record will be so large that it will be difficult to understand whether the seal refers to what is written in the work document or No.

That is why the personnel department pays so much attention to the place where the stamp is placed.

Problems and their solutions

Wrong stamp applied

Sometimes an employee of the HR department makes a mistake and puts a completely unnecessary stamp under the entry in the labor record. The first thing to do in such a situation is not to panic, but rather to calm down and ask for advice from senior colleagues or refer to the information in the instructions for HR department employees.

You cannot cross out an erroneous seal . You simply put the next serial number and write the following phrase: “Record No. 1 is not correct.” This phrase can also be written a little differently, there are a lot of variations. The most important thing is the sense that what was written earlier is not correct and plausible information.

Put the next number in order and rewrite the entry in which the invalid stamp was made. Place the stamp that should have been used when recording originally.

This is enough; also note in the book of storage and movement of work books this information about correcting errors (records).

Print correction example (sample)

No stamp at all

The easiest way to correct such a defect is to contact your previous place of work to have it stamped. However, you should not delay this decision, since the organization may undergo structural changes and in this case it will be necessary to obtain an additional certificate from the former employer, or in the event of its reorganization, from the legal successor.

The print is poorly readable, invisible or difficult to see

Soak the seal in paint and place the seal next to the unreadable one. Making an imprint with an unreadable seal is not considered an error, so rewriting the record is not necessary.

Incorrect organization details

Such cases can occur if a person is an employee of a large holding company, or if the company has undergone a reorganization and changed its name.

There are several options for solving this problem . In the first case, it is proposed to simply put the required stamp next to the erroneous one} in the second - to make a corrective entry and put the correct stamp next to it. However, any outcome of events may arouse suspicion among pension authorities or future employers. Therefore, in order to protect yourself from unnecessary questions, a certificate is issued stating that the employee was a member of a specific organization for a specific period of time.

How and where to place it correctly?

On the title page

An example of stamping on the title page can be seen in the photo:

In the text

Sample print in text on photo:

How many should there be?

One stamp is placed in the work book - after recording information about dismissal. The option of reprinting is allowed only if previously made entries are invalid.

In what cases may an impression examination be required?

Probably all scammers, without exception, know how to forge a seal. They can take advantage of this when applying for a job by indicating implausible information in the work book.

An examination will help to identify the fact of authenticity.

People often turn to her for help:

large companies that value their reputation and thoroughly check their future employees;
produced by the Ministry of Defense;
other companies that suspect the authenticity of the seals (for example, an inverted seal or something similar).

In order to expose fraudsters, the possibility of conducting an examination of the print has been created.

Stamps in work books are canceled

From April 7, 2015, organizations can stop using round seals. They acquired this right after the Federal Law of April 6 came into force. 2015 No. 82-FZ. From this date, LLC and JSC have the right to independently decide whether to have a seal.

But is it necessary to put stamps in work books? This question worries many personnel officers and accountants. Moreover, this issue is also important for workers. After all, many will be very unhappy if there are no stamps in their work books.

Giving up the familiar is not easy psychologically; besides, printing, according to Russian laws, is mandatory for the circulation of strict reporting documents, including tax reports, etc.

The conclusion of the legal department of the Federation Council on the above-mentioned law states that its legal consequence should be the simplification of business document flow “taking into account the widespread increase in the use of electronic signatures.”

Don't put a stamp on your employment record anymore?

The commented projects of the Ministry of Labor have not yet been officially approved (they have neither a number nor a date yet). However, it doesn't really matter. The fact is that organizations have the right not to affix stamps in work books from April 7, 2015 (that is, from the moment legislators allowed to abandon the use of stamps). Accordingly, it is not at all necessary to wait for the official approval of these projects by the Ministry of Labor. You can stop putting stamps on work books now. However, before this you need to make sure that the organization has the right to refuse seals.

Information about the presence of a seal must be in the organization's charter. Accordingly, in order to refuse to affix a seal in work books, make changes to the charter. The charter must stipulate that the organization does not have a seal.

Thus, if the organization does not have a seal according to the charter, the employee does not have the right to require the employer to affix a seal in his work book.