What standards to follow
The procedure for maintaining, filling and storing is discussed in detail in the following documents:
- Art. 66 Labor Code of the Russian Federation.
- Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.
- Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.
- The procedure for providing employers with work book forms and inserts in the work book, approved by Order of the Ministry of Finance of the Russian Federation dated December 22, 2003 No. 117n.
Legislation
The procedure for maintaining and registration is established for work books in accordance with government decree number 225, issued in April 2003.
When drawing up this regulatory document, the Government of the Russian Federation relied on the provisions of Article 66 of the Labor Code.
The said resolution approves the form of the document and its insert, as well as the rules for maintenance and storage. In particular, from the beginning of 2004, a new book form was introduced into the document flow. However, the old forms remained valid and could not be replaced.
Based on the government decree, the Ministry of Labor and Social Development has developed separate instructions for personnel department employees and other authorized persons, which they use when filling out and storing books.
The maintenance of this document and its storage is secured by several regulatory documents:
- The Labor Code defines the document and lists the main responsibilities of the employer for storing and filling out the document.
- The Code of Administrative Offenses establishes the procedure for administrative punishment for violations in the field of office work related to work records (article number 5.27).
- The above-mentioned government decree number 225 helps determine the rules for filling out and storing, and also establishes a uniform form of the form.
- Resolution of the Ministry of Labor and Social Development No. 69, which establishes instructions for filling out books, clearly defines what information employees of the personnel department must enter and how mistakes are corrected.
Registration procedure for employment
In accordance with Art. 66 of the Labor Code of the Russian Federation, clause 3 of the Rules, the employer is obliged to maintain a Labor Code for each employee with whom an agreement has been concluded. A record of this must be made within 5 days after the new employee starts work. If a citizen is employed for the first time, the employer must give him the form. Before this, you need to receive a written application from the person applying for a job to open a work record book, indicating the reason for its absence. When issuing a TC to an employee, the manager charges him a fee equal to the cost of its acquisition.
Application for opening a work book, sample
What information must be included in the work book?
General requirements
| Requirements | Contents and rules |
| Numbering of sections is continuous | Each entry has its own sequential number; violation of the sequence is considered an error and changes must be made. |
| Date format is fixed | Only Arabic numerals in the day, month, year format are allowed (05/12/2019 is correct, May 12, 2021 is incorrect). |
| By what means to deposit | Information is entered only with pens with black, purple or blue ink; the pen can only be ballpoint, gel or fountain pen. |
| Is the use of stamps and seals allowed? | Allowed when using a stamp with the name of the organization. In general, this issue is not regulated at the legal level, except in the case of issuing an insert in the labor report. |
| In what language is the information entered? | The official language is Russian, but in national republics it is allowed to make accompanying entries in their own language. |
| Deadlines for entering information | No later than 7 days after the start of work, and a work record is opened for each employee who has worked for more than five days. |
| How to introduce records | All employee records must be familiarized with a signature on a personal card, where the records are duplicated. The employee signs the document only upon dismissal. |
| How to fix errors | Depends on the section. On the title page, corrections are made through strikethroughs; in the “Information about the work” section, strikethroughs are prohibited; here the entry is considered invalid. |
Front page
This includes the personal data of the owner of the work book:
- FULL NAME.;
- date of birth;
- information about education;
- profession;
- speciality.
All information is entered based on the documents provided by the employee. The instructions for maintaining work books for 2021 did not add any new information. Information from the employee's words is not entered. After filling out, the personnel employee who entered the information puts his signature and gives it to the labor employee so that he can check whether everything is entered correctly. If everything is correct, the employee signs. If errors or inaccuracies are made, the form must be destroyed. In this case, a new employment form will be created, but the employee will no longer pay anything for it, because the mistake was made by the employer.
Job details
This section provides information:
- about hiring;
- promotion;
- translations (permanent);
- assignment of ranks;
- about dismissal.
All information is entered in strict accordance with the wording specified in the employee’s employment contract and the corresponding order. The employer is obliged to familiarize each entry made about work activity, transfer and dismissal to its owner against the signature in his personal card.
Information about awards
In essence, it is not much different from the previous section, but there are some nuances. This section contains information about the award:
- state awards;
- certificates of honor, badges, badges, diplomas;
- other types of incentives provided by a particular employer.
Information about cash bonuses, which are of a regular nature, is not included in this section.
Categories
As before, information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.
How to issue a work book for an employee hired for the first time?
The registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of hiring (clause 8 of the Rules).
In accordance with Art. 20 of the Labor Code of the Russian Federation, an employer is an organization (legal entity) with which an employee enters into an employment contract. It is clear that a legal entity itself cannot issue a work book. A representative of a legal entity prepares a work book. The representative of a legal entity is its head, usually holding the position of general director. A person authorized by the manager can also issue a work book (based on a job description or power of attorney). At the same time, the head of the legal entity - the employer - still bears responsibility for the correct execution of the work book.
Please note that the employee himself must be present during the initial registration of the work book.
When registering for the first time, information about the employee is entered into it.
How to register information about an employee?
According to clause 9 of the Rules, clause 2 of the Instructions, information about the employee is indicated on the first page (title page) of the work book. The following information about the employee is entered into the work book:
1. Last name, first name, patronymic, date of birth (day, month, year), education, profession, specialty.
The surname, first name and patronymic are indicated in full, without abbreviation or replacement of the first and patronymic with initials, the date of birth is recorded in full (day, month, year) on the basis of a passport or other identification document (for example, a military ID, foreign passport, driver’s license, etc. .).
2. Education, profession, specialty.
Registration of education (basic general, secondary general, primary vocational, secondary vocational, higher vocational and postgraduate vocational) is carried out only on the basis of properly certified documents (certificate, certificate, diploma, etc.).
A record of incomplete education at the appropriate level can be made on the basis of submitted duly certified documents (student card, grade book, certificate from an educational institution, etc.).
Profession and (or) specialty are indicated on the basis of documents on education, qualifications or the presence of special knowledge (when applying for a job that requires special knowledge or special training) or other properly executed documents.
After indicating the date of filling out the work book, the employee certifies with his signature the correctness of the information entered (paragraph 1, clause 2.2 of the Instructions).
The first page (title page) of the work book is also signed by the person responsible for issuing work books, and after this the seal of the organization (or the seal of the personnel department) is affixed where the work book was first filled out (paragraph 2, clause 2.2 of the Instructions).
What does “duly certified” or “duly executed” documents mean?
The Instruction itself, unfortunately, does not explain this, so you need to use general rules. Usually the data is taken from the original documents. If the originals are lost, duplicates or copies can be used. Duplicates are issued, as a rule, by the same bodies (institutions, organizations) that have the right to issue original documents.
Copies can be certified by a notary or another person in accordance with the Fundamentals of Legislation on Notaries dated February 11, 1993 No. 4462-I (as amended on December 23, 2003). For example, in accordance with Art. 37 of the Fundamentals of Legislation on Notaries, in the absence of a notary in the locality, officials of executive authorities attest to the accuracy of copies of documents and extracts from them. In accordance with paragraph 2 of the Instruction on the procedure for performing notarial actions by officials of executive authorities, approved by the Ministry of Justice of the Russian Federation on March 19, 1996, the obligation to perform notarial actions is assigned by a decision of the executive authority (or by order of its head) to one of the officials of the apparatus of the executive authority authorities. That is, in order to be sure whether a given executive body official could attest to the accuracy of the copy, the number and date of the decision (order) conferring such a right on him are necessary.
Some consultations suggest that you also believe copies of documents certified by the organization to which the employee submitted the original documents. It seems to us that such copies are not considered flawless, because if, for example, an employee had an original education diploma, he will be able to receive a duplicate of it, moreover, he is even interested in receiving a duplicate. If he cannot get a duplicate at the university where he studied, it means that the data about such a student has not been preserved in the archive. This means that he did not study there.
If a student ID is lost, it will not be restored to the student, but the university will issue a certificate stating that the citizen studied at a given institution during a certain period.
Difficulties may arise only with the restoration of documents confirming studies in short courses (up to 72 hours), in which the student was not enrolled in a university. As for advanced training courses related to the assignment of a certain category or confirmation of qualifications (for example, auditors must improve their qualifications every year in order for the Ministry of Finance of the Russian Federation to renew their auditor certificate), then universities usually enroll students’ data by order and information about this is stored in records management university for a long time.
To avoid various kinds of difficulties, it is better to make notarized copies of all documents important to you.
When drawing up and accepting documents, it is advisable to adhere to the requirements of current GOSTs and technical regulations, for example, GOST R6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents" (adopted and put into effect by Decree of the State Standard of the Russian Federation dated March 3, 2003 No. 65-st). In any case, it should be clear from the certificate (or other document) which organization compiled it, for whom and for what purposes.
In addition to the text, the document must have the following details:
General procedure for maintenance and storage
According to the rules, responsibility for the safety of employment forms lies with the employer. He also appoints an employee responsible for maintaining the forms (at least two, so that there is the possibility of replacement). Such a decision is formalized by order.
Order on maintaining work records, sample
Each organization for its own purposes must purchase clean documents. They can be stored in the personnel department and are issued when registering employees who are employed for the first time, as well as if it is necessary to issue a duplicate. All forms are subject to strict records and are stored in accordance with the rules.
To record TC, you need to keep two books:
- a receipt and expenditure book for accounting for TCs and inserts in them (maintained by the company’s accounting department). It contains information regarding the use of forms, indicating the series and number of each document;
- a book for recording the movement of work books and inserts in them (it is maintained by the personnel service). It records all documents accepted for storage from employees upon employment and dismissal, indicating the series and number.
Employee books and inserts should be kept in a safe in the Human Resources department to ensure their safety.
The technical documentation is kept by the manager until the day the contract with the employee is terminated. In some cases, a work book is issued to the citizen for presentation to the Pension Fund or social security authorities. The owner is responsible for its storage during this time.
Basic storage rules
Work books are strict accounting documents.
Employers assume full responsibility for their safety during the working period of employees. For this reason, the original form is provided to the employee only upon dismissal, and in other cases a copy certified by the manager or responsible person is issued. To record the movement of work books, an enterprise (organization, institution, company) opens a special book for recording the movement of work books, in which the employee signs when receiving the original in hand. And for storing documents of this type, a separate safe is allocated in the personnel department, which is necessarily locked with a key to prevent loss of documents.
After the dismissal of an employee, a book that is not received by him remains in a reserved state for three months. After which it is stored in the safe of the personnel department for another two years and only after this period is transferred to the archive. The archival storage period is 75 years.
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