Rules for maintaining work records will be simplified in 2021
The Russian Ministry of Labor has decided to update the paper work book form and the procedure for its registration. The draft order, posted on a single portal for publishing draft legal acts, contains updated instructions for filling out a work book in 2021 and sample sections. They decided to make the book more voluminous - the updated version contains not 10 spreads, as now, but as many as 14. The general content and sections have not changed.
There are significant innovations in the design rules:
- Entries will be allowed to be made using technical means, stamps (seals) that leave an impression or transfer dye.
- Information about part-time work will be allowed to be entered both in chronological order and in blocks, i.e., immediately about admission and about dismissal.
- It will be allowed not to certify the dismissal record with the employee’s signature.
The Ministry of Labor has determined the deadline for returning the document to an employee who refused to keep a paper record book - no later than 3 business days from the date of submission of the application. Until now, the Ministry of Labor has indicated in its clarifications that the document should be issued on the day the application for switching to electronic format is received.
ConsultantPlus experts discussed how to issue a new work record book. Use these instructions for free.
What regulations should you follow?
First of all, it is necessary to mention that filling out work books is regulated by Article 66 of the Labor Code of the Russian Federation. In addition, two other fundamental documents are in force:
- The sample and rules for filling out a work book were approved by Resolution of the Ministry of Labor No. 69 of October 10, 2003. It details the nuances of entering information into a document and correcting incorrect entries.
- Rules for maintaining and storing work books, approved by Government Decree No. 225 of April 16, 2003.
The legislative framework
- Decree of the Government of the Russian Federation N 225 - rules for maintaining and storing work books.
- Resolution of the Ministry of Labor of the Russian Federation N 69 - requirements for filling out documents recording the areas of activity of citizens.
- Labor Code: Art. 66 - work book (LC), features; Art. 192 – 193 – liability for failure to comply with the procedure for maintaining the Labor Code; Art. 83 – termination of the contract due to circumstances beyond the control of both parties.
- Letter of Rostrud from N 656-6-0 – responsibility for storage of Labor Code.
- Art. 5.27 of the Code of Administrative Offenses – consequences of non-compliance with the legislation regarding the maintenance, recording and storage of books.
You can view the documents here:
Labor Code of the Russian Federation
Decree of the Government of the Russian Federation of April 16, 2003 N 225
Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69
Article 5.27 of the Code of Administrative Offenses of the Russian Federation
Letter of Rostrud dated March 18, 2008 N 656-6-0
Who is responsible for the correct design
According to Art. 66 of the Labor Code of the Russian Federation, the work book has a prescribed form, mandatory for all working citizens, and is the main document on work activities. After creating the form, the first entry in the work book is made in the organization where the person got a job.
Errors in the entries made on this form will interfere with the employee’s employment and registration of a pension. The employer who made them, or the current employer, will have to correct the inaccuracies based on documents from the organization that made these errors. It is important to enter information into the document in accordance with established rules and avoid grammatical errors.
The employer is responsible for the maintenance and safety of the document; he is obliged to create it upon first employment. The manager has the right to fill it out himself or assign these powers by order to a HR specialist or other employee.
Confused about the new rules on work books? Use the free guide from ConsultantPlus to do everything right. Experts have discussed how to now work with paper and electronic versions.
Hiring for an individual entrepreneur
How to correctly fill out a work book when applying for a job with an individual entrepreneur? If you are applying for a job with an individual entrepreneur , you first need to ask whether he has any experience in preparing employment documents. Be sure to look at the labor report after filling it out. Filling out a work book in an organization and an individual entrepreneur should not differ, except for the name of the place of work.
An example (sample) of making an entry in a work book when hiring for an individual entrepreneur.
Rules for filling out a work book in 2021
The rules establish the following responsibilities of the employer:
- fill out a form upon first employment;
- make entries within a strictly established (weekly) period, and in case of dismissal - on the day of dismissal;
- duplicate entries in the employee’s personal card under his signature;
- use exact wording from the Labor Code of the Russian Federation or federal laws with reference to them;
- enter information about incentives for merit in work (state awards, titles, badges, diplomas);
- return the book to the owner upon dismissal, and if the form has become unusable, issue a duplicate;
- certify the records with the signature of the responsible person, the seal of the organization (if any) and the signature of the employee himself;
- notify the employee of the need to pick up the TC if for some reason the employee was unable to receive it on the day of dismissal (otherwise the employer will be held responsible for the delay in issuing);
- supplement the TC with an insert if the pages run out;
- keep mandatory records of the movement of books and inserts.
For violation of the procedure for maintaining, recording, storing and issuing forms, officials are liable under Art. 5.27 and art. 13.20 Code of Administrative Offenses of the Russian Federation.
The filling instructions contain the following rules for making entries:
- dates are entered in Arabic numerals in the format DD.MM.YYYY;
- use a fountain, gel or ballpoint pen in black, blue or purple;
- do not use abbreviations;
- do not cross out entries when correcting them (this does not apply to the title page), under the incorrect entry they write “Entry number __ is invalid”, and enter the correct one below;
- Full name is written, without replacing with initials, date of birth - based on the passport;
- information about profession and education is indicated on the basis of relevant documents;
- The employee's signature must certify the information.
Additional questions
Is it possible to skip lines in TC
Inscriptions must be made without skipping lines. However, if there is a stamp on the previous entry that takes up one or two lines, then they need to be skipped.
It is unacceptable to enter information about your organization on someone else’s seal.
What pen should I use to fill out a work book?
When entering information about work into a book or insert, as well as when filling out the title page, entries must be made carefully, without any erasures. To do this, the personnel officer should have a blue, purple or black ballpoint pen that does not smear and is not too pale.
The recording must last a long time and be clear. If it gets smeared, it will have to be restored. They can rewrite the entry and declare it invalid even if the color of the information text is excessively dull, which makes it difficult to read.
The instructions also cover the use of ink. Currently, this permission is actively neglected by personnel officers, since there are practically no specialists left who master calligraphy, which requires the use of ink. If an ink blot is created when using them, the book may be considered damaged.
Is it possible to fill out a work book with a gel pen? Regarding helium pens, there are no direct instructions prohibiting their use. At the same time, their use is strictly not recommended:
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- Their use can lead to damage to the work page, where entries have already been made on the reverse side. Helium paste can damage them, making the text illegible.
- Helium paste does not always make the recording legible, as it leaves a wider groove.
- Gel pastes are more easily smeared and even erased, which can ultimately render the TC unusable.
This is also important to know:
In what cases is the day of dismissal considered a working day?
If the pen is used improperly or if smudged or poor-quality entries are made, the labor inspectorate may impose a fine.
How to certify a copy of a work record book
There are often cases when an employee requires a copy of the employment document. To receive it, you need to write an application addressed to the employer. The application form is not established, but it is advisable to adhere to the established rules of execution:
- in the upper right corner of the sheet - data of the manager and employee;
- By ;
- then the text of the petition itself (in our case, the text may be as follows: “On the basis of Article 62 of the Labor Code of the Russian Federation, I ask you to give me a copy of the work book, certified in the prescribed manner”);
- date and signature.
After acceptance of the application, a certified copy of the work report must be prepared and issued within three days.
IMPORTANT! It is important to remember that as of July 1, 2018, the new GOST R 7.0.97-2016 “National Standard of the Russian Federation” came into force. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Requirements for document preparation”, which made minor changes to the procedure for certifying a copy of the work book.
To do everything right, you need to adhere to a certain algorithm:
- Make copies of all completed sheets. In this case, copies must be single-sided.
- Number and stitch the sheets. On the back of the last sheet, you need to seal the ends of the threads with a paper sticker, on which you write how many sheets there are.
- Each copied page must be certified (if not stapled into one file). This must be done by a person who is granted such a right by local regulations. If there is no such person, then the general director must certify the copies.
- Then the person certifying the document writes “True”, puts down his position, signature with transcript and date. You can put the seal of the organization (if there is one), but the law does not oblige you to do this.
- You also need to add one more entry regarding the original work report: “The original document is located in (name of organization) in file No. ___ for ___ year” (this is written when the employee needs a copy to provide it to a third-party organization).
- Sometimes an employee asks to add “Currently working.” This is not prohibited by law (banks usually ask).
What to do if an entry is missed
Entries must not violate serial numbers. If this happens, making an entry should be based on the general error correction algorithm in the TC. That is, under the next serial number you need to make an entry stating that an error was made (an entry was missed), and under the next serial number you need to make it.
But such actions cannot be carried out arbitrarily. In order for such an error to be corrected, a special order and grounds for correction are required. If the entry was missed by another employer, you must:
- Make a request regarding an error.
- Receive the necessary documents from the person responsible for the error.
- Force him to correct his mistake.
Keep in mind that the mistake must be corrected by the employer who made it. In some difficult cases, it is necessary to seek correction of the error through the courts. Arbitrary interference is unacceptable.
This is very important because a missing entry can appear in two cases:
- By mistake of one of the employers.
- In case of fraudulent transactions with the work book on the part of the employee himself.
In both cases, vigilance and caution must be exercised.
When can you use the letter “ё” in writing your full name?
Many people are concerned about the question of whether it is possible to use the letter “е” in writing a first or last name.
Refer to the employee's passport.
If this letter is written in your passport, then you can safely put it.
If “e” is written in your passport, then you should not deviate from the passport data. Everything is extremely simple.
Sample of filling out a work book
The work book form was approved by government decree No. 225 of April 16, 2003.
Let's look at how to fill out a document section by section and what the title page should look like.
The document consists of three parts:
- title page containing basic information about the employee;
- information about work - information about hiring, transfer and dismissal;
- information about awards.
Let's look at how to draw up a work book, step by step.
Filling out the title page
We draw up the title page especially carefully. Any blots or inaccuracies render the form unusable.
This page should contain the following information:
- Owner's full name;
- date of his birth;
- education (secondary, specialized secondary, higher);
- name of the profession, as in the diploma;
- date of opening of the book;
- signature of the person filling out the form;
- seal of the organization (if any).
This page is filled out only on the basis of the documents submitted by the employee: passport, SNILS, education document (usually a diploma), marriage certificate (divorce).
This is what a sample of filling out the title page of a work book looks like:
Responsibility for errors
As in any activity, errors when filling out the cover pages of work books lead to negative consequences. Their suppression is carried out using the following sanctions measures:
- Officials in case of a primary violation of the rules for filling out work books are liable in the amount of 5 to 50 minimum wages, and in case of a secondary violation they are disqualified for 1-3 years.
- For the first violation, legal entities are fined 300-500 minimum wages, and in the event of a repeat violation they may be completely suspended from their activities.
This is also important to know:
Severance pay upon dismissal: amount of benefits and when it is due
All penalties from the above entities are carried out by the Labor Inspectorate.
Section "Job Information"
Each page of this section consists of 4 columns:
- Serial number of the current record.
- Date of hiring, firing, awards and other events.
- Information about the organization, job title and department. The facts of hiring, dismissal, and transfer to another position are also recorded here.
- Confirmation of the entry made - the name, date and number of the order according to which the entry was made.
Information in this section is included within 7 days from the date of issuance of the order on hiring, transfer to another position, awards, incentives, etc.
The reorganization of the enterprise is reflected in this section of the work book. These records will help explain the different stamps upon hiring and dismissal, and the size of the employee’s future pension and other social benefits depends on the correct completion of the work book.
When transferring
The transition from one position to another is reflected in the “Job Information” section.
There are two types of translations:
- internal - an employee changes position while in the same organization;
- external - the employer changes, the previous contract is terminated, a new one is concluded.
When transferring internally, in the third column of the book they write “Transferred to position...” and indicate the new position and the name of the department, if it has changed.
When transferring externally, the number and date of the order for dismissal from one organization and the number and date of the order for employment in another organization are indicated. In both cases, we indicate the position of the employee.
When working part-time
Information about part-time work is also included here. The registration is made on the basis of submitted documents from another organization, i.e. the employee brings a certificate to the main place of work, which must contain:
- full and abbreviated name of the organization;
- name of the employee's position;
- date of hire;
- organization details.
Along with the certificate, the employee submits an application written in free form and a certified copy of an order from another organization confirming that he has been hired. If these documents are completed correctly, the head of the enterprise, which is the main place of work, issues an order to make an additional entry in the book.
An example of filling out a work book upon dismissal
This section of the book is filled out in the same way upon dismissal.
The third column indicates the grounds for dismissal, and the fourth contains the details of the order on the basis of which the contract was terminated.
These entries in the work book are certified with the seal (if any) and signature of the HR department employee. If the enterprise does not have a personnel department or someone responsible for preparing and maintaining work books, then this is done personally by the head of the organization.
How to make an entry in a work book
When filling out the work book for the first time, the following entries are made on the title page:
- FULL NAME}
- Date of Birth}
- education, specialty, qualification level}
- employment date}
- signature of the responsible HR department and the employee himself}
- official seal of the organization/enterprise.
At the beginning of the “Work Information” column, basic information about the enterprise where the employee works is written down: name, form of ownership, etc. Today, the “manual” method is not as popular as it used to be. The fact is that in order to reduce the time and money required to fill out information about an enterprise, special stamps are made that reflect all the necessary information. But this is not a fundamental question. Further along the columns:
- The first column is the serial number. Every entry in the work book has its own serial number, except for a few cases provided for by law. The number is placed at the beginning of the line under the organization's stamp. This record can only exist in handwritten form.
- Column 2 – date of employment. It does not matter at all on what day of the week the data is entered into the work book. The main thing is that they are indicated in Arabic numerals and fully correspond to the dates specified in the employment contract.
- The third column is one of the most information-intensive. This is due to the fact that making an entry in the work book in this column means reflecting an important moment in a person’s work activity. For example, make a record of hiring or dismissal due to dismissal or promotion.
- The fourth column indicates the name, number and date of the local act, on the basis of which entries were made in the previous column.
Selected moments
There are exceptions to any rule, but there are many more errors. Often, HR officers or accountants responsible for filling out and storing employee work books miss many important points. Such negligence is considered a mistake. If incorrect entries are discovered literally immediately, then you can fill out a new work book correctly “on the spot.” If errors were identified after a certain period of time, then you will have to tinker here. Such errors in the future may lead to the loss of the employee’s insurance and work experience.
Registration of university students also causes great difficulties. Indeed, it is impossible to record educational data while a person is still studying. Experts recommend not entering information about education until the student receives a full-fledged diploma of completed higher education.
Often, personnel department employees make mistakes in cases with soldiers who have just returned from the army. The work record book is empty, and the question arises about what to put first: a record of military service or a record of employment. According to the provisions of the rules for maintaining and storing work record forms, the length of service in the army must be indicated directly at the employee’s place of work. Therefore, it is advisable to write down the length of service in the army, and then indicate the record of employment.
The last important question: what to do with the work record of an employee who is working on a probationary period. Many managers make the mistake of not creating work records for people who are assigned to a probationary period. This is a gross violation. After all, the employer is obliged to open a work book after the employee has worked for five days at his workplace. The exception is part-time work. Information that the employee has been assigned to a probationary period does not need to be indicated in the work book.
Section "Information about awards"
Another section of the Labor Code that must be completed is the section on awards. This includes information about the following events:
- presentation of state awards, conferment of honorary titles;
- awarding diplomas, certificates, medals, orders, insignia;
- incentives specified in the Labor Code of the Russian Federation or in the internal regulations of the organization.
The section of the book is filled out similarly to the previous one:
- Column 1 - serial number of the entry;
- 2 columns - date of award;
- 3 columns - company name, position and type of award;
- 4 columns - details of the order on the basis of which the award took place.
Making corrections
Over time, the data specified in the work book changes. For example, a woman will get married and change her last name, or an employee will receive additional education. How to make changes to the book?
If there is a change in last name, first name, patronymic, then the existing entry is crossed out with one line, and new information is entered on the left. Its accuracy is confirmed by the name and number of the document that was the basis for the changes (for example, a marriage certificate). New data is certified by the signature of the responsible employee who made the correction, a transcript of the signature and the seal of the organization (if any).
When assigning a new classification in education, the existing entry is crossed out with one line, and a new one is written above.
When renaming an organization, corrections are made as follows:
- Columns 1 and 2 remain empty.
- Column 3 records the change in the name of the organization. The previous and new names are indicated in full and short form.
- Column 4 contains the details of the document on the basis of which the name was changed.
If a mistake was made or an incorrect entry was made while filling out the work book, it cannot be crossed out.
After an incorrect entry, the number of the next one in order is placed. In column 2 the date of amendments is indicated. Column 3 indicates “Record No.... shall be considered invalid.” This must be followed by the correct entry.
There are two options for filling out column 4:
- re-indicate the date and number of the order that became the basis for the invalid entry;
- indicate the number and date of the order issued to make the corrections.
How can I correct an erroneous entry?
Often, when entering information into one of the columns, an error is made. What if, for example, the date of employment is incorrectly indicated in the work book? How to correct an entry in the work book about hiring and do it correctly and in accordance with all the rules?
IMPORTANT! Simply crossing out incorrectly specified information is not allowed!
An erroneous entry in the employment record book can be corrected as follows. After the entry that needs to be corrected, in the line below, put the next entry number in order, the date it was made and in gr. 3 o.
Next, write the correct name of the position, department and, once again, an indication of the document on employment. If you messed up the date of employment, then you can indicate the correct one here.
For example, like this: “Hired to a certain position from a certain date.”
You cannot correct your employment record in any other way.
If you enter an incorrect entry number, you can correct the error in the same way . Below, an entry is made with the correct number and it is noted that the previous “Entry with a certain number is not valid.” And it is re-marked where and for what vacant position the employee is taken, as well as the basis document.
Of course, when entering information into a work report, making mistakes is not advisable, but even if this happens, everything can be corrected. You now know how to correct an incorrect entry in a work book about employment.
Often, when an employee gets a job in an organization, he discovers inaccuracies in the data entered at previous places of work, since not all OK employees know how to correctly make an entry in the work book about hiring. When documented, the personnel officer is obliged to correct them.
For violation of the labor registration rules, the hiring organization bears administrative and financial responsibility. Namely, it is possible to impose a fine of 30 to 50 thousand rubles. or suspension of the organization's work for a period of up to 90 days.
Sample correction of an entry in a work book about employment:
To make it more clear to you what a correctly completed work record looks like, we bring to your attention a photo of a work record book - a sample of how to fill it out when applying for a job:
Liner
After all the blank pages of the Labor Code have been filled out, the data will be entered on an insert form, which the employee will additionally purchase. The insert is filled out by the employer in the same way as the labor document:
- the employee’s personal information is filled in;
- the date is entered;
- current information regarding the employee is filled in;
- records are certified by the signature and seal of the organization.
The form is sewn at the end of the completed work book. A stamp indicating the issue of the insert indicating its series and number is placed on the title page of the main document.
The number of inserts for one document is not established by law.
Like the TC, there are also separate requirements for the design of the insert:
- the cover must be intact;
- error correction is unacceptable;
- the insert has no legal force without the labor itself;
- if changes are made to the labor document, they are included in each inserted form insert.
Duplicate work book
A duplicate is issued if the work document is lost or damaged. If at this time the document was in the employee’s possession, then to restore it, you should contact the last employer. To obtain a duplicate, submit a corresponding application, which will be reviewed within no more than 15 days. Additionally, the employee will be asked for documents indicating his previous places of work.
In the new work report, on the title page, the inscription “Duplicate” is written at the top. Further filling occurs as standard. All information about previous places of work is indicated on the basis of documents submitted by the employee.
If the loss or damage occurred due to the fault of the employer, then all work to restore the information falls on him.