Subtleties and pitfalls of signing a dismissal record in a work book

Who signs

The notice of dismissal ends the employment relationship of the parties. Clause 35 of the Rules specifies the design algorithm. When a specialist leaves, the record is certified by the manager, the personnel officer and the employee himself. It seems that it is clear who certifies the records when an employee is dismissed. Still, problems arise.

2 problems when registering a work book:

1. The director of the company cannot personally certify every work record.

It is not possible to sign each form, since many specialists are hired and fired. Therefore, it is necessary to transfer the authority to certify information about dismissal in the work book. An order is issued according to which the powers are assigned to the personnel service specialist.

1. The responsible employee takes sick leave.

Then the order is written again. It says who certifies the forms during the personnel officer’s illness.

The employee’s signature is placed in the work book when the person is present at work. A signature is not made when a person is absent from work or refuses to read the record.

If a person resigns from an individual entrepreneur, then the signature is signed by the private entrepreneur himself.

Why is it so important to verify all data?

As a rule, a person pays attention to incorrect entries or their completeness only when retiring, when applying for a foreign passport to travel abroad, or when collecting the necessary documentation to obtain a bank loan. Incorrect completion of a person’s main employment document may lead to negative consequences that must be eliminated immediately. However, it is not always possible to do this quickly and without significant time expenditure, because the organization - the former employer may be reorganized, change its actual location, change its manager, or even be liquidated. In this case, it will take more than one day to restore the correct entry in the work book.

That is why it is so important, before you personally endorse the available information about your work activity, to familiarize yourself with it and carefully check all the data.

How to properly certify a record

The rules stipulate that the employee signs after the entry is made.

Traditional design scheme:

• The HR specialist indicates his position.
• signs.
• does the decoding. For example, he writes: Ivanov A.L.

There is one important point here.
The rules prohibit abbreviations on the form. It turns out that putting initials instead of the full name and patronymic is incorrect. Therefore, there is a second assurance option. Sample: Ivanov Alexey Leonidovich. Another question arises: to indicate the position of a specialist or not. When the official receives the document on the last working day, the position is indicated. If a person has already quit and takes the form, then the position is not written.

Writing the words “I assure” and “I have become familiar” also makes no sense. The law does not establish an obligation to write additional words for those who sign the work book upon dismissal.

Important! The specialist must sign not only the book, but also the personal card. Personal cards must be kept in paper form; registration using a computer is not allowed.

So, there are several options for how to fill out the documents. You just need to choose the appropriate option and follow the requirements of the Rules and Instructions for filling out the books.

Work books. Certification of dismissal records.

An example of a similar design of the signature of a dismissed employee and the signature of the person responsible for maintaining work records

Option 1 (4.7.5) (the employee worked as a freight forwarder)

When the job title is too long, it is often proposed to replace it with the word “employee”.

Option 2 (4.7.6)

This position is justified as follows. According to clause 3.22 of GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents” the “signature” requisite includes:

— name of the position of the person who signed the document;

— personal signature;

— decoding of the signature (initials, surname).

Of course, the Rules and Instructions do not directly indicate the need to be guided by GOST when working with a work book, and the work book itself, strictly speaking, does not relate to organizational and administrative documentation. However, it is quite acceptable to focus on the specified standard, since this does not contradict the general procedure for maintaining and filling out work books and is consistent with established practice.

The signature of the person responsible for maintaining work records, which is made under the dismissal record, traditionally complies with the requirements of GOST and is carried out according to the scheme: “Position. Signature. Full name". It is logical that the signature of the person responsible for maintaining work records and the signature of the employee should be made according to the same rules, because clause 35 of the Rules does not differentiate between them.

At the same time, there is one caveat.

Sometimes an argument is made against indicating the position in the employee’s signature in the work book, namely, some experts argue that the resigning employee is no longer an employee and he no longer has any position. Let us remember that the day of dismissal is usually the last working day, and the employee still holds his position. It’s another matter when an employee receives his book not on time, but after dismissal. Then the position can no longer be indicated. And the word “employee” would not be appropriate.

Regarding some additional words in the employee’s signature, we note the following: almost all experts believe that there is no need to write the words “agree” or “acquainted”. Neither the Labor Code of the Russian Federation, nor the Rules, nor the Instructions require this. However, sometimes there is an opinion that the word “I certify” can be written before the signatures, since paragraph 35 of the Rules talks about certifying with signatures the entries made in his work book. We think all these extra words are unnecessary. The employee's signature is sufficient.

Thus, in practice, there are various options for registering signatures on a notice of dismissal. This is due to the ambiguity of the current legislation.

About the employer's seal

As noted above, according to clause 35 of the Rules, when an employee is dismissed, the entries made in his work book are certified by the employer’s seal.

In Chapter 3, we already talked about the fact that not all organizations should have a seal; some have the right not to have a seal. Employers - individual entrepreneurs can also work without a seal.

Below we will talk about cases when the employer has a seal.

Let's compare clause 35 of the Rules.

As you can see, the possibility of certifying entries in the work book with the seal of the personnel service was excluded from the Rules.

Explanations from Rostrud

The editors of the electronic library "Package Personnel" addressed the Federal Service for Labor and Employment (Rostrud) with a request to provide official clarification on the questions of its users:

“When dismissing an employee, can all entries made in his work book during his time working for this employer be certified with the seal of the employer’s HR department? Or do I need to put the organization's stamp?

According to the previous edition of the Rules for maintaining labor books: “35. When an employee is dismissed (termination of an employment contract), all entries made in his work book during his work in this organization are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the organization (personnel service) and the signature of the employee himself (except in cases specified in paragraph 36 of these Rules)..." The wording of the resolution of the Government of the Russian Federation of March 1, 2008 no longer refers to the seal of the personnel service, but refers to the seal of the employer. Is the HR department’s seal one of the employer’s seals?”

We received the following clarifications from Rostrud (letter dated November 24, 2008 No. 2607-6-1) on this issue.

“In accordance with paragraph 35 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 No. 225 (hereinafter referred to as the Rules for maintaining work books), upon dismissal of an employee (termination of employment contract) all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself (except for the cases specified in paragraph 36 of the Rules).

Unlike the previous edition of the specified paragraph of the Rules for maintaining work books, which was in force before the Decree of the Government of the Russian Federation dated March 1, 2008 No. 132 came into force, the new edition does not establish identity between the concepts “seal of the employer” and “seal of the employer’s personnel service”, using just one of them. Based on the nature of the changes and additions made to the Rules for maintaining labor books by the said Decree of the Government of the Russian Federation, they are aimed at bringing the norms of the Rules for maintaining labor books into conformity with the provisions of the Labor Code of the Russian Federation regarding the use of a single concept of “employer” instead of the concept of “organization”.

When making changes to paragraph 35 of the Rules for maintaining work books, it was obviously based on the fact that employers - individuals listed in paragraph. 2 hours 5 tbsp. 20 of the Labor Code of the Russian Federation (employers are individual entrepreneurs), as a rule, there is no personnel service and the employer maintains work books independently or by a person specially authorized by him.

In other words, it can be assumed that the exclusion from this paragraph of the provision that allowed employers - individuals, when dismissing employees, to affix both the official seal of the organization and the seal of the personnel service to their work books, was of a deliberate nature.

In this regard, in our opinion, the current version of the specified paragraph of the Rules for maintaining work books does not provide the opportunity for employers - legal entities, when dismissing employees, to put the seal of their personnel service in their work books.”

Now let's start looking at examples of the dismissal records themselves.

>> Chapter 4.7. Records of the dismissal of an employee on general grounds (Article 77 of the Labor Code of the Russian Federation) <

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Certification with a seal

Sometimes the question arises, what kind of stamp to put on. The seal of the manager and the personnel department are different concepts. Clause 35 of the Rules establishes the procedure for office work. It is the seal of the manager that is used, not the HR department. The law does not oblige a company to have a seal, so some companies do not have one. If there is no stamp, then the manager’s signature is sufficient to certify the entry. A person authorized to certify work books can also sign.

If there is a seal, then you need to put the print correctly.

7 basic rules for stamping:

• place carefully;
• do not cover adjacent records and paintings of other persons;
• leave document details visible;
• the seal should slightly cover the job title of the person being dismissed;
• leave open the date of termination of the employment relationship when the seal is affixed;
• put the stamp clearly so that the name of the organization is clearly readable;
• You can print the bottom lines.

If the HR officer puts the HR stamp, this will be considered a serious violation.

Extract from the employment record: sample of filling out the book

The column “Information about work” is the extract. Most often, employees ask to make a photocopy of several pages from it, and it contains the following information:

• Date and number of entry in numbers.
• Information about admission, dismissal, etc. For example: LLC "Mercury", accepted into the planning department for the position of economist.
• What is the reason for such an entry: it is usually served by the publication of the Executive Order. Example: Order No. 762 dated 10/11/2015.

What documents are signed when terminating a contract?

The specialist must sign his autograph not only in the book. You must also sign on other documents.

5 documents where signature is placed:

• personal card;
• book movement of books;
• employment history;
• order.

Therefore, the personnel officer carries out serious work and prepares the listed documents for each case.

Persons responsible for maintaining work records

Upon reaching the legal age, it is used to register and calculate a pension. The employer needs the books of his subordinates to calculate various payments, so it is very important to fill out everything correctly.

Regardless of what actions are taken in relation to an employee, changes are made in a company by an individual entrepreneur or in an enterprise by a specialist in the personnel department, accounting department, or the director himself. The rules for filling out a work book in 2015-2016 and samples for individual entrepreneurs and legal entities are the same.

It is worth noting that an individual entrepreneur or LLC represented by a director should not create this document for themselves: in Art. 66 of the Labor Code of the Russian Federation establishes that only employees can have a book, because The length of service of an entrepreneur is counted from the moment of registration with the Tax Service and thanks to cash receipts into the Pension Fund.

The book must be completed no later than a week from the first day of employment, and only if the employee has worked for 5 days or more, and this is his main job. If he only plans to combine, then entries are made at his request and on the basis of a document that is an official confirmation of his activities in another company.

What should be reflected in the book:

• Information about hiring.
• Receiving a transfer to another company or to another position.
• Change of full name in connection with certain events.
• Serving in the ranks of the Russian Army, the Ministry of Emergency Situations, the Ministry of Internal Affairs, the Federal Drug Control Service and other government agencies.
• Advanced training or receiving awards.
• Dismissal of an employee.

Decree of the Government of the Russian Federation dated April 16. 2005 No. 225 established individual rules for making changes to books:

• Any entries are made in black or blue ink in great detail; abbreviations are not allowed. The information is assigned a specific serial number according to the section.
• The employee's passport details are indicated exclusively on the title page.
• Further changes in the business process must be reflected no later than seven days from the date of issuance of the Director’s Order. If the employee resigns, then the information is entered on the same day taking into account the text of the Order, as well as referring to the article of the Labor Code of the Russian Federation.

You cannot indicate in the document information about regular bonuses, which are usually paid every month.

Design nuances

Personnel records management is carried out in a standard manner. But situations arise that require a separate solution.

Table with questions on personnel records management

Filling out work books when transferring to another position in examples

The document, which is very necessary for a specialist, includes adjustments even when he was transferred to another position:

• Mandatory entry number in order of priority.
• Date of official translation in simple numbers.
• In the third column, designated as “Information...”, the data where the transfer was made and to what specific position is entered.
• Reasons for transfer. The Order data is entered here.

Resolution of controversial situations

If everything goes well, the employee will have no problem signing his autograph upon dismissal. A completely different situation is when a person leaves with a scandal and refuses to certify the document. The employer needs to protect itself from blackmail and resolve the issue: whether the employee must sign the work book upon dismissal. The guidelines for action are enshrined in Article 193 of the Labor Code. The act must be signed by two, or even better, three employees, preferably not related to the job responsibilities of the dismissed specialist.

The act must be completed or you will have to pay fines. Failure to provide an autograph from a fired employee is a serious violation.

Labor law requirements must be strictly observed to avoid sanctions. The punishment is established by Article 5.27 of the Code of Administrative Offences. The violator pays fines. The manager risks receiving a fine of up to five thousand rubles. The company is subject to a penalty of thirty to fifty thousand rubles. Fines increase if repeated violations are discovered.

When must an employee put a personal signature on the work contract?

Domestic legislation provides for several cases when an employee is required to sign the main document about his work activity and professional experience. Among them are the following:

1. on the title page of the work book after the person responsible for its maintenance and storage fills out all the basic information about a specific employee (last name, first name, patronymic, day, month and city of birth, records of education received (complete or incomplete), profession, specialty or specialization indicating the level of qualification)}
2. on the title page after making all the entries reflected in paragraph 1, when issuing a duplicate work book to the employee}
3. when issuing an insert for the work book, the signature is also placed on the title page, after filling out all the necessary fields (the insert has legal force only in conjunction with the work book)}
4. after reading all the entries and details entered into the work book, as well as after checking the presence of the signature and seal of the employing organization or an authorized person.

Each new entry made by an employee of the HR department in the work book or in its insert related to a transfer to another unit, appointment to another position, or dismissal of an employee must be accompanied by a notification to the employee. In this case, the person in respect of whom the corresponding changes were made must sign on his personal card stating that he is familiar with this fact.

For example, in the event of dismissal, when handing over a document on employment to an employee in person, the employee signs in the work book, as well as in two other documents, in particular:

}

• in your personal card}
• in the book of accounting for the movement of work books.

A personal card is a standard document that must be issued for each employee employed in a specific organization. It consists of 11 sections, including general information, information about military registration, hiring and related transfers, certification, completion of advanced training courses, and retraining.

The accounting book is a comprehensive document that records any movement of work books inside and outside the employing organization.

There is one clause in the law, according to which the employee’s signature is not affixed in the case when it is impossible to issue a work book on the day of termination of the legal validity of the employment contract. This may be due to the fact that the employee is absent or refuses to receive it. In this regard, the employer’s representative must send him a corresponding notice, which contains an offer to pick up the work in person or give written consent to send it via postal services.

Errors during registration

Violations in personnel work are often allowed. There are both minor shortcomings and major violations for which fines are provided. 7 examples of errors when making records

1. The employee's initials are not indicated.

For example, they write: Kuznetsov instead of A.K. Kuznetsov.

1. Extra entries are added.

For example, a personnel officer confirms an already known fact with the words: “I have read the recording.” A simple signature is enough. The employee's autograph is proof.

1. The signature is not decipherable at all.

This is indeed a problem. After all, some people have such an incomprehensible painting that it is difficult to say who it belongs to. Therefore, decryption is required.

1. The HR service stamp is affixed. The HR service stamp cannot be affixed; the document is certified only by the signature of the manager.
2. They put a stamp on it in a sweeping manner.

The seal must be used carefully. Signatures and order details must be read.

1. The secretary fills out personnel documents, but there is no order on the transfer of authority.

An order is definitely needed. If there is no order, then the documents must be filled out by the manager or private entrepreneur.

1. They forget to indicate the position of the specialist.

It is necessary to indicate the position, since the document is submitted on the last working day. This means that the specialist is still performing his duties, and the position must be indicated.

How to correctly fill out a work report when dismissing an employee?

The filling rules are based on Instruction No. 225, which provides detailed instructions on the rules for making entries. According to them, it is required:

1. enter the serial number of the entry being made.
2. Indicate the date: day, month, year when the owner of the book was fired.
3. Make a record of the termination of work, indicating the reason and with reference to the relevant article of the Labor Code.
4. Indicate the reasons for making the entry (order details).

After filling out the form, certify the entered information with a signature and stamp.

Summary

1. The books must be kept by the head of the company.
2. Powers can be delegated to a secretary or personnel officer. To do this you need to issue an order.
3. There is no need to write extra words next to the employee’s signature on the work report. A specialist's painting is enough.
4. If the job title is long, you can replace it with the word employee.
5. The rules must be strictly followed, otherwise you will have to pay fines.
6. The specialist signs after the personnel officer. You cannot skip columns.
7. The employee must sign his autograph not only in the work book, but also in other documents. The signature certifies the personal card, the labor book and the order.

In progress

According to government decree No. 225 dated April 16, 2003, the employer is obliged to familiarize the employee with the information entered in his work experience document. Information about each new entry made in the employee’s work book is recorded in his personal card. Here in the personal card the employee puts his signature on familiarization.

It happens that the structural divisions of an organization are located in different cities. Then the relevant information and information is provided in absentia, a notice is sent to the employee, followed by a note about this in the personal card. When conducting inspections, this method of familiarization raises questions, so we recommend pinning a receipt from the employee to the personal card, in which he writes that he has read the entries in the work book.

This is not a very common method, but it does not contradict the law. The legislation does not indicate how the familiarization process should be organized, therefore the electronic method of exchanging information is suitable, but for this method of interaction the staff must have electronic signatures.