What to do if there is a missing entry in the labor record? The work book is the main document of the employee; on its basis, the pension experience is formed and the amounts of pension payments are calculated. Therefore, the law obliges the employer to correctly make all entries in this document regarding the hiring and dismissal of an employee, as well as to correctly carry out corrections.
Employer's obligation
What to do if an entry is not made in the work book? It is worth worrying not only for the person in whose document the necessary lines are not filled in, but also for the employer. It is he who is obliged to make a note about the acceptance, transfer, and settlement of the employee. And the main document is the work book.
The obligation to fill out, enter data and resolve the situation, how to make a missing entry in the work book, is regulated by the Rules for maintaining work books, approved by the Government and the Instructions issued by the Ministry of Labor.
Filling out the form, including a new one, is also the responsibility of the person hiring you; nothing can be skipped. There are a number of filling rules that cannot be violated.
- The main page cannot contain errors, including strikethroughs and corrections.
- If the form is damaged by an incorrect entry, replacement is at the expense of the employer.
- Each new line of information has a serial number in turn.
- You cannot cross out entries: incorrect data is signed “invalid”, and the correct data is entered under it.
- If data is not entered (for example, about a transfer), and the following appears after it, the missing information is entered into the next line with the next serial number.
An employee often has a question about whether it is possible to enter information that was missed by HR staff. This must be done by the employer who discovered the error.
Filling out a work book
Any document is a legally made record approved by an authorized person. Filling out the work report is also responsible. There is a specially designated place for each information in the book. All sections are clearly regulated by the Labor Code of Russia.
Work with labor begins when the applicant comes to work at the company. A manager who is ready to hire a person for a vacant position requests a work book form from a personnel employee (another person). Subsequently, the employee pays the employer the amount for the document provided.
The workbook contains sections:
- personal data}
- job information}
- information about awards.
Initially, personal information is collected, which includes:
- last name, first name, patronymic}
- date, month, year of birth}
- education, specialty, profession.
At the end of the title page it is necessary to put the signature of the owner and the employee filling out the book. The seal also confirms all written information.
All main aspects are recorded on the following labor pages:
- reception}
- dismissal}
- translation}
- awards and so on.
There are special columns where data recording is entered:
- number}
- date of}
- name of company}
- information about work (awards)}
- indication of the document that serves as the basis.
It is advisable not to make mistakes in this document, but often inaccuracies, omissions, and omissions occur in a variety of situations.
Types of errors in an employee’s workbook
The existence and correction of errors made is stated in the rules and instructions. What types of mistakes can those filling out the work report make?
- incorrect spelling in title}
- incorrect spelling on other pages}
- missed entry (forgot to enter information).
No mistakes should be made on the main page where the employee’s data is written, since correction of such inaccuracies is prohibited by law. When a manager or a person authorized to perform these actions makes a mistake on the title page, the book form can be considered damaged. In this regard, an act is being drawn up, on the basis of which the illegal document is destroyed. The act itself is stored in a special file (folder) with the person responsible for these procedures. Next, a new form is issued for the employee. Clean labor costs are covered by the employer.
If an error occurred when writing information on other pages, then here the law allows you to make a certain type of change. But you cannot cross out entries (the only exception is the correction of personal data due to changed circumstances). Information recorded incorrectly must be invalidated. This happens by making a new entry below. All written data must be numbered one by one in any case. After recording the illegality of information, you must make a correct entry in accordance with all the rules.
The most difficult thing is to correct an error that is in the nature of a missing entry:
- omission of organization name}
- skipping transfer entry}
- skipping a category assignment entry}
- omission of an entry made in another organization, and others.
In these cases, if a person missed certain information, it is necessary to make an appropriate entry in the work book.
Transfer of an employee
Transferring an employee to another place of work is a change in functional responsibilities and, possibly, position. Translation can be internal or external. An external employee is transferred to another company, where the manager is another person. If the translation is internal, then it does not go beyond the organization.
Dismissal occurs in the first case. That is, to move from company to company, it is necessary to make all the procedures, including the corresponding entry in the employee’s book. Here you must write the reason for dismissal, that is, transfer. The head of the organization where the employee will work must send a written document indicating his desire to hire the person. After a meeting with this specialist, with his consent, the employer of this company sends a response confirmation. Only after this the employee is dismissed due to transfer to another company.
In the case of an internal transfer, it is necessary to make a special note indicating that the specialist is moving to another department. This is a requirement. The employee must also agree to this procedure. Here are the conditions that should contribute to these changes:
- after passing the scheduled certification, the employee was promoted or demoted,
- due to a medical examination, the employee needs to change his place of work,
- change of place of work due to the relocation of the manager himself.
This type of transfer of an employee should take place immediately after the vacancy at the enterprise becomes vacant. Of course, the employee has the right to refuse the transfer, but in this case there are certain articles in the Labor Code of Russia, based on which the employer can fire him. Also, an employee can be transferred for one month without his consent in special cases.
Common mistakes
The missing entry is entered into the work book at the company where it was made. The sample for entering data, even corrective ones, does not differ from the standard procedure.
To make a new mark, you cannot cross out existing ones. In this case, it is indicated that the data under serial number No. X is considered invalid. The most common mistakes when filling out the form:
- errors in writing the serial number;
- a typo in the date indicated in the second column;
- one of the options for inaccuracy is if the employer entered an incorrect wording of the reason for dismissal (this point must comply with the law and the article of the Labor Code);
- HR officers often “forget” to enter data regarding the transition from part-time work to a permanent basis;
- other typos, including grammatical errors.
How to make a missed transfer entry in the work book
If, when filling out information about the job, information about the transfer was missed, and the next entry is dated in advance, then the previous data cannot be recognized as incorrect (due to the correct spelling). A completely legal way is to write the missing information below under all the entries made so far.
The first column is filled in according to the rules, that is, the numbering is not confused in any case, the record number is entered in order. In the second column you must indicate the date, month, year in fact (today's date). The date of transfer and start of work at a new place (position) is written in the third column after the word “transferred”. Then it is written where and to what position the transfer was carried out. The document that is the basis for the changes must be indicated in the last column (name, number, date).
To avoid unpleasant consequences, the employee is given certain documentation confirming the length of service (certificate, copies of the order, and so on).
Skipping an appointment in another organization
If any information was omitted from the employment record by the current employer, then the correction of this error is made by him in this company. It is much more difficult if a specialist works in a company and an omission was noticed that was made by another manager.
There are two ways to correct a work book when an entry is missing where two different organizations are involved:
- information is recorded by the former employer when the owner of the book contacts him}
- the information is recorded by the employer upon the fact, if the corresponding document approved by the former manager was presented.
According to the law, in both cases, company managers cannot refuse the owner of the work book, since any important entry regarding information about the work must be recorded in this document.
The accuracy and correlation of the documents presented, which are the basis for the records, is the main condition for the authenticity of the information listed below. They will be the evidence base, and the testimony of eyewitnesses (in court proceedings) is just an addition to the specified document, unless there has been a massive destruction of documentation.
Recording of missing information occurs on the basis of the law. Approval of this type of records is made with the signature and seal of the manager or person authorized to perform such actions.
If information is not entered
We make an entry if it was missed - this is the only correct decision. The most common situations are as follows.
- There is a line about reception, but there is no line about payment. Upon dismissal, each person must control the entry of data: if they managed to miss it, you need to immediately contact the HR department.
- There is no information regarding transfer to another position. Since the book is not issued during the transfer process, this can only be found out upon dismissal, and if the corresponding point was missed, then it must be entered.
Important! Filling in the missing information is the task of the employer, regardless of whether he is former or new. The personnel department of the enterprise where the employee is employed can also enter data based on the order of dismissal from the previous place. This situation is possible only if it is impossible to do this in the previous place.
Regulatory regulation
According to Art. 66 of the Labor Code of the Russian Federation, the employer is obliged to make timely entries in the work book.
Labor Code of the Russian Federation Article 66. Work book
The work book of the established form is the main document about the employee’s work activity and length of service. The form, procedure for maintaining and storing work records, as well as the procedure for producing work record forms and providing them to employers are established by the federal executive body authorized by the Government of the Russian Federation. The employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. The work book contains information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work. Information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.
According to the law, an entry must be made in the work book if the new place is the main one for the employee and the employment period is from 5 days.
In addition, the procedure for making and editing entries is regulated by the following documents:
- Instruction of the Ministry of Labor No. 69 of 2003;
- a set of methodological recommendations and regulations approved. Government Decree No. 225 of 2003.
What to do if there are mistakes in the work book - watch this video:
Procedure for entering a missing mark
Missing data is entered in the next line after the completed one, regardless of how long ago the omission was made. In this case, there is no point in indicating that the previous entries are invalid, since then you will have to duplicate all these invalid rows.
All this is done in this order:
- item number;
- Date of entry;
- information about the event - transfer, dismissal, hiring;
- the last column is information about the date and number of the order on the basis of which the information is entered.
If the data is not entered before leaving a specific place of work, accounting is carried out according to the same rules, but a stamp is not placed after. Certification of all points for a specific place of work will be carried out with a seal at the time of dismissal.
The authenticity of the information entered, regardless of who writes it down and how long after the omission, is confirmed by documents - orders regarding such an action by the former or current employer.
How to recover a missed entry
Missing information is identified under various circumstances. The method for restoring missed moments of work comes down to one thing: a line is added with the following serial number and the current date in column 2 . Each situation has its own nuances of supplementing information.
Let’s say that information about a transfer to another position has not been entered. The omission was noticed on the last working day when receiving the main labor document. Information about the dismissal has already been entered.
The fix here is simple:
- once again put the full name of the organization in the title;
- a line about the transfer is entered with the date of dismissal (the day the line was written) in column 2, and the date of transfer is entered in column 3;
- the line is endorsed by the responsible specialist (employer) with a transcript of the signature and an indication of the position, sealed;
- The employee confirms in writing that the form is filled out correctly, signs and dates it.
An example of making a missing entry:
1 | 2 | 3 | 4 | ||
Joint Stock Company "Svet" | |||||
20 | 10 | 11 | 2005 | Accepted to the position of 1st category inspector | Order No. 74 dated November 10, 2005 |
21 | 10 | 05 | 2018 | Dismissed by agreement of the parties, paragraph 1 of Article 77 of the Labor Code of the Russian Federation | Order No. 30 dated May 10, 2018 |
Joint Stock Company "Svet" | |||||
22 | 10 | 05 | 2018 | Transferred from September 25, 2008 to the position of economist Signature director A. A. Ivanov Printing place Printing place Correct Signature L. A. Sterkhova | Order dated September 24, 2008 |
If the work book does not contain a record of dismissal from a previous place of work, a record of admission cannot be made in the new organization. In this case, there may be 3 options:
- The dismissal record must be made by the responsible specialist from the former place of work. If there is no record of hiring a new job, then the record of dismissal is added with the current date, and the day of dismissal is written in column 3. Column 4 contains the name of the document (order) and its details (date and number). The signature of the employer (specialist) with a transcript and indication of the position is certified by the main seal of the organization. If an appointment has already been made, then before adding the entry you need to put a stamp with the name of the organization or write the title by hand in column 3.
- If for some reason it is impossible to restore the line about dismissal at the old job, but there is a supporting document (order), then the new employer has the right to add the missing information. The important point is that oral evidence is not grounds for reinstatement of a record.
- If the organization is liquidated and there are no archives, then you will have to go to court to establish the fact of termination of the employment contract. The court decision must be included in the employment form as a replacement for the dismissal record.
Employee procedure
The right to keep work books of company employees and enter missing information is vested in a fairly narrow circle of specialists. As a rule, an employee of the human resources department or the chief accountant is responsible for mistakes made. But what to do if the owner of the book discovered the missing entry? So, he needs to take the following actions:
- Collect documents containing the necessary data;
- Write a statement asking for the missing information to be included;
- Submit an application for signature to the director of the company;
- Familiarize yourself with the order to make changes to the work book;
- Submit an application along with documents to the personnel service;
- Place your signature next to the new entry.
If a mistake was made at a previous place of work, then one more point is added to this instruction - submitting an application in the name of the former employer. It is drawn up in simple written form and must contain a request to enter the missing information into the book. It must be remembered that if this document does not contain the personal signature of the applicant, it will be considered invalid. An order drawn up on the basis of an application must have its own number and date of preparation - this information is also indicated in the document.
Every personnel officer needs to know the procedure for filling out work books. This will help to avoid mistakes and avoid misunderstandings when an employee applies to the Pension Fund. In addition, the following documents may be needed to make missing entries:
- Internal documents of the enterprise;
- Employee personal card;
- Labor Code of the Russian Federation;
- Rules for maintaining and storing work books.
All additions to the work book must be made on the basis of relevant orders and instructions of the company. If the organization in which the owner of the employment worked was liquidated or reorganized, and its head cannot provide the necessary papers, the current employer must make a request to provide extracts from the archive. Please note that witness testimony cannot serve as a basis for making any entries in the work book.
Responsibility for failure to make entries
In accordance with paragraph 45 of the rules for maintaining books, responsibility for errors when filling out a document lies with the employer, and he, in turn, by order assigns this responsibility to a specific official.
Responsibility arises under Art. 5.27 Code of Administrative Offenses of the Russian Federation and for officials. If a violation is committed for the first time, the fine is up to 5,000 rubles, and for a repeated violation - up to 20,000 rubles. For an employer, a primary violation will result in a fine of up to 50,000 rubles, and a repeated violation - up to 70,000 rubles.
In the same way, responsibility arises for an incorrect entry in the work book - the sanctions for an error are the same as for failure to enter information.
What to do if the entry is not made
What to do if the required entry was not registered in a timely manner? We need to bring it in. To do this, simply fill in the missing entry. It is entered after the last entries, if any. This information is indicated:
- Serial number.
- Date of.
- Basic information.
- Order number and date of issue.
The record contains current information about hiring and dismissal. What to do if a missing entry is discovered after the employee has started a new job? You must contact the HR department of the employer who did not enter the information. If the previous employer went into liquidation, the missing entry can be made in the personnel department of the new employer.
The procedure for action in case of errors is specified in section 3 of Rules No. 225. However, these are general recommendations. The procedure for working in the absence of a record is not established by the Rules. Therefore, in this case, you should be guided by the standard procedure for correcting errors.
Paragraph 27 of Rule No. 225 states that errors in the book must be corrected by the former employer. But sometimes this is not possible. In this case, the corrected entry can be made by the new employer. But this is done on the basis of documents from the previous place of work.
Paragraph 29 of Rules No. 225 states that entries in the book are made on the basis of documents such as an employment contract, an order from the manager on hiring/dismissal. The entries in the work book and the data in the papers must correspond to each other.
General rules for correcting errors made in work books
Important! You cannot make any corrections to the work report at your own discretion. To do this, special requirements must be met. And corrections without complying with these requirements can lead to undesirable consequences.
The general procedure for correcting errors in the work book is as follows:
- If an erroneous entry is contained on the title page, it must be crossed out.
- Incorrect information entered in the job information is considered invalid.
- Not only the employer who made it, but also the one who discovered the error can correct an error in the labor report.
- A forgotten entry can be added to the book, for example, about service in the army, about the reorganization of a company, about advanced training, about transfer, etc.
What to follow
The obligation to timely enter reliable information into work books rests with employers under the provisions of Art. 66 Labor Code of the Russian Federation.
A record of employment for a position must be generated if the person’s place of work is the main one, and the number of days worked is 5 days or more.
The regulation of procedures for reflecting new information and amendments in work books is laid down in the following legal acts:
- The Ministry of Labor has developed instructions, which were approved by Decree No. 69 dated October 10, 2003;
- The government reflected a set of methodological recommendations in Resolution No. 225 dated April 16, 2003.
Also see “Fixed-term employment contract: entries in the work book.”