Order on the appointment of someone responsible for maintaining work records

Why is this order issued?

All labor entering the enterprise and working people must be stored in a place specially equipped for this purpose.
For damage or loss of this form, the company, as well as its manager, bear appropriate responsibility. After all, these documents reflect all the necessary information to establish a pension for the employee in the future. Therefore, the director of the organization will create all the conditions for proper work with labor at the enterprise. And since he has many other important matters besides this, the manager selects an official who, on the basis of the issued order, is charged with keeping records of labor forms.

In this case, responsibility remains with the manager, and the selected person is responsible for accounting for labor only within a specific business entity. He will be the one who will accept the employees’ work records, keep their records correctly, make entries corresponding to the supporting documents, and issue them to the company’s employees upon dismissal.

Attention! If he fails to fulfill his duties or does not perform them in full, he will be responsible to the management of the company on the basis of an issued order appointing this employee responsible.

The right to sign primary documents: order or power of attorney?

Article 9 of the Federal Law “On Accounting” dated December 6, 2011 No. 402-FZ establishes that every fact of the economic life of an organization must be documented in a primary accounting document (agreement, invoice, invoice, cash order, act, etc.). At the same time, the Ministry of Finance of Russia, commenting on the provisions of this law in Information dated December 4, 2012 No. PZ-10/2012, expressed the opinion that each manager is obliged to approve the list of persons authorized to sign such documentation.

In the current legislation there is no rule that imperatively establishes a method for vesting employees with such powers, therefore, in this matter, one should focus on the established customs of document flow, according to which the authority to sign can be transferred:

by approving the relevant order;
using a power of attorney to sign the primary document.

The principle of distinguishing between these two approaches is that the effect of the order applies only to the employees of the organization, while the power of attorney applies to any persons specified in the paper. The preparation of these documents is regulated by different sources of law - in the first case it is the Labor Code of the Russian Federation, and in the second - the Civil Code.

The choice between two regulatory sources depends on the goals pursued by the manager: if it is assumed that it will be necessary to sign internal corporate documentation, then the optimal solution is to issue an order. If you plan to sign and transfer papers outside the company (for example, cover letters for the shipment of goods or invoices), then it is preferable to choose a power of attorney. For security purposes and protection of trade secrets, many are afraid to transfer such serious powers to third parties who are not employees of the company, so the practice of orders is the most common. However, in cases where the manager intends to entrust an employee with a number of small tasks and is not ready to give him the right to sign in a global sense, then he can also issue a power of attorney for him.

However, in both acts it is necessary to indicate:

personal data of the authorized person;
names of papers that it can sign.

Also, in both cases, the head of the company should certify a sample signature of the authorized person, which should be placed in a separate column of the form.

Is it possible to do without someone responsible?

The manager, in accordance with the law, must appoint someone responsible for the conduct of labor or take this responsibility upon himself. Such requirements are specified in the Rules for maintaining work books.

Thus, the need to establish the responsible person is enshrined in law.

If it is still not assigned, then in accordance with the Code of Administrative Offenses a fine will be imposed, the amount of which will reach 50 thousand rubles. Moreover, this punishment is imposed not on the official, but directly on the organization.

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

Is the order mandatory for every organization?

The rules for maintaining work books determine that the employer is obliged to ensure work with work books. At the same time, such a step should be taken by any business entity - both an entrepreneur with hired employees and a company.

In the case of an entrepreneur, he usually independently makes entries in work books. In companies, this responsibility is automatically assigned to the director, or he chooses one of the hired employees.

However, in any of these situations, the manager must clearly identify the responsible person, as required by the Rules. This can only be done by issuing the necessary order.

Attention! At the same time, it is necessary to draw up the document even in the case when the manager is the only employee of the company, and therefore automatically assumes the responsibility for drawing up the books. In this situation, he issues an order in which he indicates that he is taking over these functions.

In what cases is the right to sign granted?

Within the enterprise, not only the main boss has the right to sign official documents. Depending on the assigned functional responsibilities, other employees can prepare official papers and endorse them with their signatures. This applies to accountants, human resources workers, and officials working in the office of the company. If we are talking about the public service, then almost every employee can sign documents, but only within the framework of their official duties.

The right to sign is granted in the following cases:

employment;
adding a note on legal responsibility to the list of job responsibilities, which means signing the documentation yourself;
temporary delegation of powers by order (applies to cases when the manager goes on vacation, sick leave or on a long business trip);
preparation of a notarized power of attorney for representation.

Who should be appointed responsible?

Typically, in a large organization, the personnel department is responsible for working with work books, and within it is the person responsible for work books or several specific specialists. In a small company such a department may not be formed. Therefore, the manager can appoint an accountant, secretary, and other officials as a responsible person.

The manager must formalize his decision in the form of an order.

If there is no one to entrust this process in the organization, then the manager himself is considered directly responsible for conducting labor.

The law establishes that the employer is obliged to organize the work of maintaining work records. At the same time, he must appoint by his order a person to perform such actions.

It follows from this that only an employee who is on the company’s staff can work with workers. Even if the maintenance of personnel records is outsourced, it is necessary to work with labor on your own within the company.

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Important! If the responsible person changes, all available labor must be transferred according to the transfer and acceptance certificate. In this case, the document must indicate not just the number of documents, but list their owners by name.

Sample order granting signature rights

The manager can provide the opportunity for signing to the chief accountant, his deputy or another employee acting as the head of the preparation of tax, financial and legal papers. An order for the right to sign primary documents can be issued in free form, since the current legislation does not establish a unified form. However, according to established document management practice, the form should indicate:

company name, its details;
form details (number and date);
the legal basis for the transfer of the right to sign (Articles 7 and 9 of the Federal Law “On Accounting” dated December 6, 2011 No. 402-FZ);
Full name and position of the employees to whom the right to sign is transferred;
a list of documents that a person will have the right to sign for a manager;
sample signature of an authorized person and director.

Let's sum it up

To carry out actions for the transition to electronic work books, it is necessary to appoint responsible persons.
The order to appoint persons responsible does not have an approved form and can be drawn up in a free format.
An order should be issued and the main executors should be identified as early as possible to ensure the implementation of all necessary measures for the transition to the ETC.

The law establishes that while an employee is employed under an employment contract, his work record must be kept at the enterprise that is his employer. Since this form is considered BSO, it is necessary to properly organize the accounting of the receipt of books, their storage, and issuance.

For this purpose, the management of the subject must issue an order appointing someone responsible for maintaining work records.

Document form

Limited Liability Company "Luch" (LLC "Luch")

In accordance with the requirements of clause 45 of the 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 N 225 “On work books”, and the introduction of the position of HR specialist in the staffing table

1. Appoint HR specialist P.P. Petrov as responsible for maintaining, storing, recording and issuing work books.

2. In the absence of Petrova P.P. The person responsible for maintaining, storing, recording and issuing work books is appointed by order of the director.

3. I reserve control over the execution of the order.

Order: samples (Full list of documents)
Search for the phrase “Order” throughout the site
“Order on the appointment of a person responsible for maintaining, storing, recording and issuing work books (example).”doc

Order on the appointment of a customs officer to a new position while maintaining the salary for the previously held position and on the recalculation of the monthly salary bonus for the current position
Order on the appointment of a customs officer to a new position while maintaining the salary for the previously held position, as well as retaining the right to calculate a pension for long service based on the salary for the previously held position
Order on the appointment, amount and timing of payment of unemployment benefits
Order on the appointment, amount and terms of payment of scholarships paid to citizens during the period of professional training, retraining and advanced training in the direction of the employment service authorities
Order on the appointment, amount and timing of payment of financial assistance to unemployed citizens who have lost the right to unemployment benefits, as well as citizens during the period of professional training, retraining and advanced training in the direction of the employment service authorities
Order on the appointment of a person responsible for handling work books of enterprise employees
Order on the appointment of an inventory commission to carry out an inventory (example)
Order on the appointment of those responsible for electrical equipment in the electrical installations of the organization
Order on appointment as acting
Order on sending employees of internal affairs bodies in the Moscow region on a business trip

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What an employer needs to do
Transition to ETC: how to act correctly
Order on the person responsible for maintaining ETC - sample
Let's sum it up

The mandatory transition to electronic work books from 2021 was introduced by Law of December 16, 2019 No. 439-FZ “On Amendments to the Labor Code of the Russian Federation...”. The procedure is gradual, it will take the entire year 2021, and it consists of several mandatory actions on the part of each employer.

Basic Rules

A duplicate is a document identical to the original. It is a repeat copy without significant differences (clause 22 of section 3 of GOST R 7.0.8-2013 (Rosstandart order No. 1185-st dated 10/17/2013)). For production, the TC form is used, approved by paragraph 1 of Government Decree No. 225 of April 16, 2003.

Let us list the rules by which a duplicate work book is filled out:

it is not a copy, but contains data similar to the original;
exception - information that turns out to be unreliable is not included in the new version;
personal information about the employee is entered;
positions and positions held are listed;
internal transfers, renamings, awards and penalties are recorded;
information about local documents-bases for changing and terminating the employment relationship is entered.

The following data is not included in the new workbook:

which cannot be documented;
inaccurate, erroneous and unreliable.

Management is obliged to take all necessary actions and provide the employee with a new document within 15 days (clause 31 of the rules):

Prepare a new form.
Enter confirmed entries correctly.

Procedure for obtaining a duplicate

To obtain a duplicate work document, an employee of the enterprise must draw up a corresponding application. It can be written in any form, but must necessarily contain a reference to labor legislation.

After the application reaches the employer, he must consider it within a period not exceeding three days, and then decide to issue the required duplicate. In order to start the process of formalizing it, it is necessary that the director or employee temporarily performing his functions issue an order to this effect.