Work book Filling out a work book when transferring an employee

HR staff should know what constitutes a transfer to another job. The employer must remember that he does not have the right to change the working conditions specified in the contract without the consent of the employee and the document accompanying this fact. The entry of a temporary transfer into the work book must be made by the employer or his authorized person.

The employee must perform the official functions assigned to him personally and not delegate them to other persons. The organization's management does not have the right to demand that an employee perform duties that are not specified in the employment contract.

Deciphering the concept of “translation”

The situation of official transfer of employees within one organization or from one institution to another is not uncommon. According to Article 71 of the Labor Code, the following conditions are considered a transfer:

• promotion or demotion;
• change of division, work in branches;
• change of city or country where further activities will take place;
• change of employer if the current employer requests it.

The indicated changes are translations and are therefore properly recorded. The entry of a transfer in the work book is governed by the following provisions:

• Rules approved by the Government Regulations of Russia No. 225;
• Instructions approved by Resolution of the Ministry of Social Development No. 69.

An entry is invalid if the general director made errors in its preparation.

Main rules for conducting labor

1. Any abbreviations in the work book are prohibited; numbers must be in Arabic. The year is written in full.
2. The title page is filled out at the employee’s first workplace, all information is transferred letter by letter.
3. After the employee has read all the records, the employer or authorized person puts the organization’s seal and signature.
4. The work book is kept by the employer and handed over upon dismissal.

All information about the employee’s work activities is entered in the “Work Information” section. In the first column you need to put the number in order, in the second you write the date when the person was hired. The third column contains all the information about the company where he will work, the structural unit or department, and the position.

Nuances of filling out a work book

An entry in the labor record in the order of transfer is recorded in the document of the employed person by an employee of the personnel department or the manager. At the initial stage, before making an entry, you need to make sure that the issued order is available. Next, the employee’s personal file is opened and the employment document is retrieved. The next step is to start making notes about the transfer.

The issued order is the basis for making changes to the labor law. The order that the employee will be transferred is issued in advance (2-3 days in advance). The document gains legal force after the manager signs and seals it. Each employee must freely familiarize himself with the order.

The procedure for changing information in the work book itself has nuances. The employee does not have to be present at the moment when the transfer to another position is entered into the employment record.

Legal basis

In order not to be mistaken in this matter, you need to carefully study the available information. A new HR officer will have to deal with various nuances that must be taken into account in his work. And if there is a good base, then all information, including about translation, will be entered correctly.

The transfer of an employee relates to the field of labor relations, and therefore is regulated by relevant legal acts. The most important of them, of course, is the Labor Code. Naturally, in his articles there is a mention of translation and other features associated with it. This information is set out in Art. 70.1 Labor Code of the Russian Federation.

Also important for the personnel officer is the Instruction for maintaining work records, which is approved by the Ministry of Labor. It contains basic information about what an entry in a work book looks like. Other data is also contained in the Instructions for storing and maintaining work books. This document is also freely accessible and helps to understand in detail how marks are made in the document that are associated with a transition to another position or location.

These documents do not represent the entire list of legal sources. But they are basic, and it is advisable to listen to their norms in order to do everything correctly if necessary.

Entry in the work record during transfer: general rules

If it is necessary to transfer an employee to another organization or position, the procedure will have the following stages:

1. The employee is shown the new conditions and told about his job responsibilities, after which he agrees.
2. The employee writes a statement indicating a request for a transfer to a new employer or place.
3. An order is issued within three days.
4. A new collective agreement is signed, changes are made to the work book and other documentation.

It is important to know! Not all cases require the employee to write a statement. If nothing depends on the employed person, his consent in the form of a statement will not be needed. Example: an enterprise is dissolved and transferred to the ownership of a new director. There is also no need to apply for a demotion if the workforce is being reduced.

The employee reads the order and signs it. If he is satisfied with the conditions, an agreement is signed. If the employee does not agree, he is laid off in accordance with established labor legislation using the appropriate wording.

Translation and relocation: what's the difference?

An employer cannot require an employee to perform work not specified in the contract. This is stated in Art. 60 Labor Code of the Russian Federation. That is, labor functions that were not initially specified in the employee’s contract can be performed by him only after changes are made to the content of the contract, drawn up in the form of an additional agreement to it.

Quite often, the transition of a worker to another job is confused with relocation. What is the difference?

A transfer is a change in an employee’s function to which he must give his consent. The following types are distinguished:

• permanent to another employer;
• temporary by agreement of the parties;
• during the absence of a permanent employee for the purpose of replacing him;
• temporary at the initiative of the employer;
• transfer to another position due to existing illnesses;
• moving to another location with an employer

These actions are possible only after receiving the employee’s consent in writing. Without consent, a transition is possible only in the event of an emergency, military action, or disaster. There is an indication of this in Art. 72.2 Labor Code of the Russian Federation.

The transfer is different in that it does not entail a change in the work function and therefore does not require the employee’s consent. In this case, the employee continues to perform the labor function stipulated by the contract and no terms of the contract established by agreement of the parties change (example: moving from one premises to another).

Special cases

A person can be transferred to a position with a record in the employment record for a permanent or temporary special case. Temporary changes in employment are carried out by agreement between the employee and the employer, which is confirmed in writing. The main reason that such a procedure is carried out is to replace an employee who is temporarily absent. The duration of such a transfer can be up to 12 months or until the return of the departed person. The corresponding entries in the labor document for transfer to a position are present with the condition of permanence in the new job, as stated in the Labor Code in Article 66.

Permanent transfer has the following types:

1. Internal – with registration within the same enterprise and management.
2. External, involving termination of the employment contract and change of manager.

Depending on how the scope of activity changes, the nature of the record is determined.

Temporary transfer

When transferring personnel, an entry in the work book is possible when replacing an ill or resigned employee. Even a temporary transfer with a guarantee of return to the original position is considered internal. In the process of filling out a work book, you should take into account all the rules prescribed by regulations. The employment document contains a column with information about the work, where the word “temporarily” must be added. The following text is expected for a temporary transfer with an entry in the work book: “transferred to a position...temporarily.”

Internal and external

If a person is transferred to another position, this indicates an increase or decrease in the career ladder. This type of change in activity also refers to internal due to the fact that the employee is moved to positions within the enterprise.

It is important to know! When changing a new position, the work book does not mention the name of the organization. This information will already be indicated in the line above. The emphasis is on the name of the employee’s new position. If there is an error in indicating the position, you should cross out the incorrect information and write the correct information below.

If a person is transferred outside the organization to a division or branch, this type of change of activity will be external. The nature of the information in the work book also changes. If the institution has a different name, it is registered in a separate third column. If the employee remained in the same position, but only the geography changed, the following information will be clarified: “Transferred to a division...to a position...”. In any case, the position is registered.

Dismissal due to transfer

The rules for making entries about a change of place of work or position will be regulated by 6.1 of the Instructions, which characterize the concept of transfer.

This process must be accompanied by entries in the column of the third section with working information. You should also clarify in the record on what basis the transfer took place: by agreement of the parties or at the request. Example: if a reduction in transfer occurs by agreement of the parties, it is written as follows: “termination of the employment contract occurred in connection with the transfer of the employee, by his consent, to a workplace with another employer.” This rule is regulated by paragraph 5 of part one of Article 77 of the Labor Code of the Russian Federation.

Transfer to permanent employment

If a person is transferred from a temporary workplace to a permanent one, a corresponding entry in the employment document is also made. This is explained by the fact that employees are acquiring a new permanent position, which must be documented. This is a type of internal transfer that affects the person’s working period. Entries will be made in the same way as an order issued in an institution. The entry must contain the title of the position, but without mentioning “temporary” or “transfer.” In writing, it looks like this: “Accepted for the position ... on a permanent basis.”

Translation of a part-time worker

If changes occur in the form of a shift from a part-time position to a permanent position, a corresponding order is issued and entries are made in the work book form. There is one line between the new and previous entries, and then an entry is made about the usual hiring to a new workplace.

Attention! The law does not establish an obligation in this case to register new information, since the person is already employed. But references to the fact that a transition to a permanent position has been made are necessary for the employee upon further transfer to another employer.

Features of translation design

HR staff need to know what constitutes a transfer. All transfers occur only with the consent of the employee. The employer does not have the right to change the working conditions specified in the employment contract without the employee’s knowledge. All changes must be documented. The employer or his authorized person must know how to make an entry in the work book about a temporary transfer.

The employee does not have the right to shift to other employees duties that are assigned to him personally, as confirmed by the employment contract. Also, the employer does not have the right to demand that an employee perform someone else’s duties.

In order to protect the interests of the employee and the employer, an employment contract is drawn up, where all the conditions are clearly stated. Therefore, when concluding it, it is necessary to thoroughly study each point.

The employment contract is subject to change if the following points are present:

• the conditions in which the employee works change}
• the employee moves to another workplace}
• the employee is transferred to another job.

If an employee performs duties according to another position, specialty or qualification, this is considered a transfer. The transfer to another organization to the previous position is also recorded in the work book.

Translation is classified according to the main characteristics:

1. According to the location where the work will be performed. This may be another workplace within the same organization or a move to another company and another territorial region.
2. Depending on the timing. The transfer can be either temporary or permanent.

The transfer can be initiated by the employer, employee or third parties. The employee must provide a written statement justifying the need for transfer. Next, the application is reviewed by the organization’s management and agreed upon with the managers of the company where the employee wants to be transferred.

A transfer may be necessary for various reasons: a promotion of an employee for good work or, conversely, a demotion as a disciplinary measure. Often the translation is justified by production necessity.

The employee’s consent to the transfer is not required only if the conditions do not change and the period for completing the work is no more than one month. The purpose of such a transfer may be work related to the elimination of the consequences of accidents or disasters that may cause harm to the environment. In this case, the payment should not be less than what it was at the previous workplace.

• the conditions in which the employee works change;
• the employee moves to another workplace;
• the employee is transferred to another job.

Sample entries

Drawing up the main document of an employee requires serious consideration. When making entries in the labor record, the following basic rules must be observed:

• Any entries in the employment document can be made if there is a valid and signed order. Any action may be considered false without an order.
• Entries are made in Russian, in block letters or legibly by hand. Corrections and blots mean an error.
• The wording with dates is fully consistent with the text of the order document.
• If an employee lives in another republic, it is allowed to write information in several languages ​​at the same time. But Russian is required.
• To prevent mistakes and inaccuracies, examples of making such entries with further use of the finished sample are first considered. The employee does not have the right to independently make changes to the work book.

The entry is made as follows:

• The last entry is found and the line is indented.
• The change number following the previous one is entered.
• The exact date of execution of the transfer is indicated. Changes should not be carried out even for a day.
• An indication of the position to which the person was transferred is given. The reason for changing jobs is not required. The repeated name of the enterprise is not affixed.
• The order number is recorded and the entry is signed by the manager.

Attention! Some employers mistakenly do not record a temporary transfer. But problems may begin when the second employee returns from vacation or sick leave. And also in the process of calculating length of service, all records of the labor document are taken into account.

Making the required entry

If this is done, the personnel officer must make the correct entry:

• next number;
• date of making a new entry;
• information that the previous entry is invalid because the employee has been transferred to another job temporarily.

Such an error does not lead to the invalidation of the employee’s record book; as in other erroneous situations, it is corrected by a correct entry.

Before talking about the main nuances of transferring to another job, and most importantly about how to make the appropriate entry in the work book, you need to become familiar with the very concept of “transfer”.

You can find an explanation of this term in many textbooks on labor law, but it is better to refer to the original source. Thus, the labor code of our country sets out in detail information regarding what constitutes a translation. This definition is reflected in more detail in Article 72.1.

Labor Code of the Russian Federation, Chapter 12, Article 72. Changes in the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Transfer, according to general rules, is a permanent and, in some cases, temporary change in the employee’s immediate labor function, or rather the conditions in which it can be carried out.

A transfer can be a variety of actions, ranging from the transfer of an employee from position to position within an organization and ending with the transfer of an employee to another geographical area. Also, do not forget that the student can be awarded, about which a corresponding entry about the award is made in the work book.

The main rule for translation is legislative support. The transfer should be carried out only in accordance with the presence of a similar article in the labor code that would permit such an action.

Also, in order for an entry in the work book to meet the basic canons of filling out such documents, personnel officers must follow a number of very important rules.

The first of these is the knowledge that all information that is included in the work book must be formalized in the form of a local regulatory act, in other words, an order. In the absence of an order for relocation or transfer, the personnel officer simply does not have the right to enter data into the work book. Returning to the order, the personnel officer must carefully read the text of the document. It is on the basis of what is written in the order that a compiled and condensed entry will be made in the labor report.

As a general rule, the dates included in the document must correspond to Arabic numerals. Filling out a work book with Roman numerals is prohibited.

Explanation in any language other than Russian is also prohibited. It is not so easy to cancel an entry in a work book, and an incorrect example of an entry in a work book about military service is canceled in court. Be careful.

We invite you to familiarize yourself with the General rules for making a notice of dismissal in the work book

Handwriting should be as neat, neat and understandable as possible.

Abbreviating words in an entry in a work record is simply unacceptable, and although many HR employees allow themselves such liberties, this is a gross violation of the instructions for maintaining and storing work records.

If a citizen working on the territory of Russia is a citizen of another republic that is part of the Federation, then it is allowed to keep entries in the work book in two languages.

What applies to temporary transfers?

The following changes during translation:

• working conditions and regime>
• place of work with the same boss (internal transfer)>
• work for a new manager (external transfer).

Such changes may be temporary or permanent. They are carried out only with the written permission of the employee, that is, by agreement of the parties. At the written request of the employee, he can be transferred to another manager for permanent work.

In any case, a new job should not be contraindicated to a person’s health.

However there are exceptions:

• accident>
• catastrophe>
• fire>
• flood>
• accident>
• earthquake>
• epidemic>
• hunger>
• simple>
• protection of employer property>
• life threat.

In these cases, the employee is transferred to another job without consent, but for no more than a month, and with the same manager.

However, one should not confuse with transfer the movement of an employee to the place of a temporarily absent person, whose place of work is retained. There are two ways to move:

1. By written agreement of the parties before the absent person returns to work.
2. Without the employee's consent. The latter is carried out in the same organization and does not change the labor function and working conditions of a person. This can be done without the employee’s knowledge for up to a month.

Is it necessary to write in the work book about a temporary transfer to another job?

If the entry has already been made in the work book, this is a violation. If the entry has not yet been made, then this is not necessary. Such information is reflected only in the employee’s personal card. The employer also issues an order and concludes an additional agreement to the existing employment contract.

If an entry is made at the request of the employee, the violation is allowed by the personnel officer. Such a violation does not lead to the invalidity of the work book, but the entry is considered incorrect and must be corrected. Correction is carried out by subsequent making the correct entry in accordance with the Rules.

It is very important that the correction is made at the employee’s place of work where the incorrect entry was made. If a person has a new employer, it is necessary to submit an official document from the old place of work about the mistake made and then correct this situation with the work book.

In the event of reorganization of an institution that made an error, the correction is made by its successor. In case of liquidation - a new employer, but with the appropriate official document.

Regulatory documents that form the basis of this rule

The Labor Code of the Russian Federation provides instructions on what information must be included in the document and how to do it correctly. Thus, Article 72 clearly states how an employee can be transferred to another position and that this is done only if an additional agreement to the employment contract is concluded between him and the manager. Such an agreement must be made exclusively in writing.

After this, the employee can move to another workplace within the same organization. However, it should be remembered that if an employee is transferred in connection with the replacement of the main employee, then the agreement is drawn up strictly for a certain period. Therefore, as soon as an absent employee returns to work, the employee temporarily replacing him is obliged to vacate his position. Everything related to the question of whether an entry is made in the work book about the transfer is decided in advance.

In addition, the instructions established by law stipulate the rules for registering the transfer of employees only to another permanent place of work, and not to a temporary one. Thus, only the entry that is directly related to the transfer to another job should be made in the document on professional activity. As for a temporary transition, such information must be reflected in the employee’s personal card, in a section specially designated for this in Form N T-2.

Information related to a temporary transfer should not be noted in the labor report.

Therefore, the problem related to whether it is necessary to make entries in the work book during a temporary appointment to a position has already been previously resolved. If, out of ignorance, such information was entered, it should be immediately corrected in accordance with the rules.

Transfer to the post

In this case, usually we are talking about improving the employee’s career. It is also called internal because it is done within the company. At the same time, HR employees should remember the following points.

1. There is no need to indicate the company name in the book, since it is in the previous entry.
2. Much attention is paid to the job title. It is better to write correctly right away to avoid crossing out.
3. Temporary transfer to another position.
4. Sometimes temporary transfers are made, for example, to replace another employee due to illness, or while on regular or maternity leave. In this case we are also talking about a temporary nature. But you also need to remember that information is also recorded with the mark “temporarily”.

To another department

Translation is external, since the place of work also changes. If the department has a different name, then it must be indicated in the appropriate column. Then they indicate that the place of work has changed. If the position remains the same, then it is simply rewritten.

About the director

With this temporary or permanent transfer, an entry in the work book must be made. If an employee worked in the same company in a different position, then after a line they write to him: “Transferred to the position of director.” Naturally, even then, before marking, you need to wait for the appropriate order.

Temporary transfer

Some personnel officers may have a question about whether information is entered into the book if the transfer is carried out only for some time. The answer to this question is positive; the information must be recorded.

From temporary employment to permanent employment

It also happens when a citizen is re-registered from a temporary job on a permanent basis. The recording, as before, is carried out on the basis of an order. Then they write the same position in it, but do not indicate that this is a transfer and that it is temporary: “Accepted to the position on a permanent basis.”

Registration of a temporary employee for a permanent job

The conclusion of a temporary contract between the applicant and the employer is a common occurrence. However, some employers become interested in such an employee remaining with the organization on a permanent basis. There can be many reasons for this, for example, the manager liked a responsible and hardworking employee and does not want to part with him.

Undoubtedly, it is possible to conclude another temporary contract, but for this you will have to make a similar entry about the temporary appointment, and thus, in the end, the owner of the work book will have a document filled out with the same entries. Therefore, the optimal solution is to transfer an employee from a temporary position to a permanent job. This can only be done at the mutual desire of the employer and employee in two ways.

Transfer from temporary to permanent job through dismissal

The most common solution to transfer a temporary employee to a permanent job is to fire him and rehire him for the position. To do this, the employer and subordinate are obliged to terminate the civil agreement by mutual consent; an entry is made in the employee’s work book that he is resigning of his own free will.

After the employee has been fired, a new employment contract on cooperation on permanent terms is signed between him and the employer. The fact of hiring is indicated in the work book in accordance with the rules of the Labor Code of Russia.

Transfer from temporary work to main job by changing working conditions

Any personnel employee, in addition to how to make an entry in the work book about temporary employment, must know the procedure for changing the terms of an employment agreement. This is required in cases where the management of the enterprise did not break the temporary cooperation agreement with the subordinate by dismissing him, but decided to transfer the subordinate to the main job by changing the terms of this agreement.

To transfer an employee without dismissal, you will need to receive from him an application drawn up in the name of the head of the organization, which indicates a request for transfer to a permanent workplace. In addition, such paper specifies the period of work and the position held. The application must be completed in advance, before the expiration of the temporary civil law agreement. This is necessary in order to avoid the dismissal procedure, which would otherwise be inevitable.

After receiving an application from an employee, management issues an order to transfer him to work with permanent working conditions. The order contains information about the transfer to permanent work, the period of temporary employment, its expiration date and the number of the employment agreement. Next, an agreement on untimely cooperation is signed between the parties with the details of the employer and subordinate. The paper is given to the employee for review and then certified with the blue stamp of the organization. It is very important to remember that the employment contract is drawn up in two copies - one for the employee, and the second for the HR department.

After all transfer procedures have been completed, it is necessary to make an appropriate entry in the work book about the employee’s career move. The procedure for making such a note is no different from filling out information about work at the time of hiring a temporary job, and for those who know what entry should be in the work book when hiring a temporary job, this procedure will not cause problems. The work book indicates:

• serial number of the record,
• company name,
• number of the order, which is the basis for making a note,
• information about the position held by the employer.

The third column should contain the entry “Transferred to a structural unit ... to a position ... to permanent work.”

Finally, the management of the organization must issue an order to change the vacation schedule and staffing. This document is the basis for making changes to all of the above forms. If an employee worked temporarily as a part-time worker, then in order to transfer he must resign from the enterprise that is his main place of work.

No record of temporary work

Labor legislation does not say that temporary employment must be reflected in the work book. Such a record can be indicated by the personnel officer at the request of the employee. Basically, most workers still prefer to have such a mark in the work book, since length of service is also accrued for this period.

If for some reason a record of temporary employment was not made, but it will be necessary later, the owner of the work record book can go to the former employer and ask him to enter information into the document. If the enterprise has been reorganized or liquidated, a certificate of work on temporary terms can be obtained from the archives of the enterprise, and the entry itself will be made by a personnel employee at the current place of employment, who knows how to correctly make an entry in the work book about temporary employment. The basis for this will be a certificate from the enterprise where the employee worked on temporary terms.

Main rules

First of all, it should be noted that an entry about a temporary transfer or a permanent job must be indicated in the work book. Art. will tell you better what translation is than anyone else. 72.1 TK. It states that it is permitted by agreement of both parties, except in certain cases specified by law. The corresponding agreement is drawn up in writing.

The term means a temporary change in the functions and working conditions of an employee. It can be expressed in different actions, both in the matter of changing a position, and in relation to moving to another area. The transfer is carried out in accordance with the provisions of the Labor Code.

In addition, an entry about a permanent or temporary transfer in the work book must comply with all approved rules for filling out this document. And HR department employees must strictly implement them.

The first is the understanding that all data entered into the work book is secured by order. If it is not there, then the personnel department employee does not have the right to write anything in the document. The mark is made strictly on the basis of what is indicated in the issued order. All dates are indicated only in Arabic numerals, and the only language is Russian. Handwriting should be clear and neat. Various reductions in labor are unacceptable.

Is a temporary position written in the work book?

– Business law – Is a temporary position written in the work book?

Hello, Mikhail Kolonutov. During a temporary transfer, entries about this are not made in the work book. This follows from clause 4 of the Rules for maintaining and storing work books, according to which information about transfer to another permanent job is entered into the work book.

Therefore, even in the case of a temporary transfer that is important for the employee’s career growth (for example, fulfilling the duties of a temporary manager, formalized by the transfer), information about this is not entered into the work book. However, Art. 72.

2 of the Labor Code of the Russian Federation establishes that by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year.

Do I need to make a record of the performance of duties in my work book?

Is it necessary to enter information into the employee’s work book that he has been hired for the position of an employee who is on vacation? Answer: FEDERAL SERVICE FOR LABOR AND EMPLOYMENT LETTER dated April 6, 2010 N 937-6-1 The Legal Department of the Federal Service for Labor and Employment reviewed the letter.

We report the following.

In the case of hiring for the duration of the duties of an absent employee, whose place of work is retained in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, a fixed-term employment contract is concluded with the employee contract The term of the employment contract is determined upon its conclusion and is indicated in the employment contract. The work book does not record the term of the employment contract.

Is an entry made in the work book about the performance of duties?

In column 1 of the “Work Information” section of the work book, the serial number of the entry is entered, in column 2 the date of employment as a part-time worker is indicated, in column 3 an entry is made about acceptance or appointment as a part-time worker in a structural unit of the organization, indicating its specific name ( if the condition of working in a specific structural unit is included in the employment contract as an essential one), the name of the position, specialty, profession indicating qualifications, column 4 indicates the name of the document on the basis of which the entry was made with reference to its date and number. A record of dismissal from this job is made in the same manner.

Nina KovyazinaDeputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia Procedure for correcting incorrect information Fill out the correction of an incorrect or inaccurate entry in the employee’s work book in the following order.

In column 1, enter the serial number following the last entry.

If the order itself was issued with an error and then canceled, then in column 4 indicate the date and number of the order that canceled it.

If the entry in the work book is correct, but the details of the order are indicated incorrectly, reproduce the entry without changes, and in column 4 indicate the correct details.

Temporary appointment Appointment of temporary transfer to the position of director is possible in the absence of the director. Most often, these responsibilities are assigned to the deputy director.

Important If such a position is not provided in the company, then the director must assign the functions of a manager to an employee whose qualifications allow him to occupy such a position. In such a situation, an order is made that for a certain period this employee is acting. boss

An entry in the work book when appointing an acting director is not made, since he is not a permanent director. In some cases, in parallel with the employment contract, it is necessary to conclude an additional agreement on the performance of duties.

Attention: These cases occur if the director must be absent for a long period of time. It should also be clarified whether the employee is relieved of his duties for the period of performance of the acting function.

In this case, the algorithm for making an entry is as follows:

• the details of the order should indicate the name of the position of the person who signs the document}
• a personal signature is placed and its decoding in the form of surname and initials}
• instead of the acting title The documents should indicate the position held by the employee according to the staffing table.

If, when filling out an order, there is a discrepancy between the position, signature and its transcript, the document is considered invalid. There are cases when the charter prohibits transferring the powers of a director during his absence.

In this case, a power of attorney is issued, under which the official receives temporary control over the company. In order to accurately answer the question of whether to make an entry in the work book for the acting director, it should be clarified that this position is temporary.

From this point of view, there are some nuances that depend on the purpose of the appointment.

If the director went on vacation, and the acting is required only for the period of its replacement, then no entry is made. However, if the director was dismissed and a temporary one was appointed in his place on a probationary period, then an entry must be made, since this person can become a permanent full-fledged director after the expiration of the probationary period.

Who is the acting? To clarify when entries should be made in the work book, it is important to understand what the position “acting” means. From a legal point of view, the performance of duties is a temporary assignment that can last no more than one month.

Question Please tell me whether the entries in the work book are correct in the following situation: At the beginning of October, an order is received from the Regional Department to appoint a person to the position of acting head of the department, while the HR department employee makes an entry in the work book: “Appointed as acting head of the institution " A week later, an order is issued for appointment to the position of head of the department under a fixed-term contract, and an entry is made in the employment record “Appointed to the position of head under the terms of a fixed-term employment contract.”

Answer Answer to the question: Let's consider your questions: 1. An employee of the personnel department makes an entry in the work book “Appointed as acting head of the institution.” No, the entry was entered incorrectly.

For the example above, it will look like this: “Financial Director Personal signature of A.V. Glebova."

To confirm your authority to sign documents, next to the signature you can additionally make a link to the order, according to which the employee is temporarily instructed to replace another employee and perform his duties.

Source: https://buh-nds.ru/pishetsya-li-v-trudovoj-knizhke-vremennaya-dolzhnost-io/

Guide to HR issues. Work book (Part 2)

The employer needs to issue a new form of the work book (insert in it) to replace the damaged one. If an incorrect entry in the “Education” line is discovered later, corrections can be made to the title page of the employee’s work book.

Since such a procedure is not established by law, we recommend following clause 2.

3 Instructions for filling out work books: - on the title page of the work book in the line “Education”, incorrect information is crossed out with one line and new data is entered next to it; — on the inside cover of the work book the details of the document on the basis of which the changes were made are indicated.

Such a record is certified by the signature of the employer or the person responsible for maintaining work records and the seal of the organization (HR service). 4. The procedure for entering information about the employer into the work book Information about the employer is entered into the work book in column 3 of the section “Information about work” in the form of a heading (clause

3.1 Instructions for filling out work books)

How to correctly record an entry in a work book about temporary employment

rubles;

• suspension of the enterprise’s activities for a period of up to three months (90 days);
• compensation for material damage to an employee for the inability to start work in a new place on time.

Situations when it is necessary to attract an employee to work on a temporary basis can be very diverse.

Such situations include the following:

1. employee study while away from work;
2. illness and so on.
3. vacation;
4. a subordinate's trip on a long business trip;

The Labor Code of the Russian Federation explains how to correctly make an entry in the work book about temporary employment, and offers employers many options for replacing an absent employee:

1. part-time employment,
2. temporary transfer of another employee to an absentee position,
3. conclusion of a fixed-term or civil contract.
4. moving,

Do we need to indicate in the work book that the work is temporary if we hire an employee during the absence of another?

According to Art.

59 of the Labor Code of the Russian Federation, when hiring a newcomer, a fixed-term employment contract is concluded with the new employee for the duration of the duties of an absent employee, who retains his place of work. It is mandatory for such an agreement to indicate the duration of its validity and the circumstances (reasons) that served as the basis for concluding an agreement of this type (Art.

By virtue of clause 3.

1 of the Instructions in column 3, a record is made of acceptance or appointment to a structural unit of the organization, indicating its name (if the condition of working in a specific unit is included in the employment contract as essential), the name of the position (work), specialty, profession indicating qualifications, and Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

The Ministry of Labor also provides clarification on this issue in its Letter dated 04/06.

2010 N 937-6-1: the term of the employment contract is determined at its conclusion and is indicated in the employment contract, and no entry is made in the work book about the term of the employment contract.

And although many personnel officers often indicate an urgent nature in the work book, the labor inspectorate may recognize this as a violation during an inspection. Therefore, if such an entry was made, it is in accordance with paragraph.

1.2 The instructions should be declared invalid.

Please note that the fixed-term nature of the contract is indicated in the work book only upon dismissal of the employee. By virtue of clause 5.2 of the Instructions, upon termination of an employment contract on the grounds provided for in Art. 77 of the Labor Code of the Russian Federation, an entry about dismissal (termination of employment relations) is made in the work book with reference to the corresponding paragraph of this article.

The expiration of the employment contract as a basis for its termination is provided for in paragraph.

How to record: instructions

In order to work in another place, they must make an entry in the labor record. To do this, the personnel officer must first make sure that there is an appropriate order for this action. Only after this you can start filling out.

1. For this purpose, open a spread indicating the last place of work.
2. Then you need to indent one line.
3. After this, indicate the number on the page in Arabic numerals.
4. They write the date.
5. Next, fill out the information about hiring, and the transfer record looks like this: “Transferred to the position...”.
6. At the end, indicate information about the order with number and date.
7. The entry is signed and sealed.

In what cases are temporary transitions issued?

They can be temporary or permanent. Art. is dedicated to temporary 72.2 Labor Code of the Russian Federation. Frequently asked question: if a temporary transfer of an employee is issued, is an entry in the work book necessary or not? Let's talk about each case in more detail:

By agreement of the parties

On this basis, a citizen can be transferred to another job for a period of up to one year or until the occurrence of a certain event, for example, in order to replace a temporarily absent employee before the date of his return to service (Article 72.2 of the Labor Code of the Russian Federation). If you need to arrange a temporary transfer, an entry in the work book is not made in this case. If, after the expiration of the established period, the employee continues to work in this position, the nature of the transition to another position loses its force and becomes permanent. In this case, it is recorded in the work book.

Without agreement

In the event of force majeure circumstances, such as:

downtime due to natural disasters,

industrial accident, etc.

It is allowed for an employee to transfer without his consent for a period of up to one month in order to eliminate and prevent the consequences of a disaster.

An entry about a temporary transfer is not made in the employee’s work book.

For medical reasons

If, during a periodic medical examination, an employee is given a conclusion that the type of work in which he is employed is contraindicated for him, the employer is obliged to:

for some time, transfer to another position that is not contraindicated for medical reasons (Article 73 of the Labor Code of the Russian Federation) or offer such a person another available job that suits him will not be harmful.

if a person does not agree, he can be suspended from official duties (Article 76 of the Labor Code of the Russian Federation) for up to four months.

If a person agrees to these conditions, he begins to perform the labor function specified in the additional agreement.

If the period of suspension (for medical reasons) is more than four months and the employee is not satisfied with this, the working relationship is terminated on the grounds provided for in paragraph 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.

If the state of health requires a permanent transfer to another position and the employee is not against this, an additional agreement is concluded, an order is issued and an entry is made in the work book. For example, if an employee is accepted by transfer, the entry in the work book looks like this:

“Hired by way of transfer to a position... in the department...”