ELCODE: Is it necessary to notify a new employee of the right to choose the method of maintaining a work record book if he has already made his choice with the previous employer?

What it is?

A work book is a document that includes information about the work activity and work experience of citizens. The new model was established by the Government Decree “On Work Books”, published on April 16, 2003 under No. 225.

The document has additional security measures. This is the inscription “Work book” glowing in ultraviolet light, a special seam holding the pages together. The sheets are created from special paper containing watermarks. The sale of legal documents is carried out by the official distributor under a sales agreement.

The new copy has a gray cover with the Russian coat of arms on it. It has a smaller format compared to the book that was valid previously. It has four additional pages.

Books are sold in:

trading companies selling office supplies;
wholesale trading companies that deal with direct deliveries;
sales departments of the Goznak association.

The employer may require the person hired to reimburse the expenses incurred for the purchase of the book. When an employee is hired for the first time, the document is drawn up within the working week.

Interaction with the Pension Fund of Russia

All employers, starting from 2021, are required to report to the Pension Fund of Russia by submitting the SZV-TD form, regulated by Resolution of the Board of the Pension Fund of December 25, 2019 No. 730p.

The report should be submitted by the 15th day of the month following the month in which the personnel event occurred or the employee submitted an application on the format of maintaining a work record book or on the provision of information on work activity.

If an employer submits information to the Pension Fund of the Russian Federation for the first time about a specific employee, he is also obliged to simultaneously transmit information about work activity as of 01/01/2020 with the same employer.

Important! If no personnel events take place for a specific employee in 2021, then by February 15, 2021, the employer is obliged to transfer to the Pension Fund information about his work activity as of January 1, 2021 with this employer.

From 2021, upon the occurrence of any personnel event, information will be provided no later than the 15th day of the month following the reporting month. When dismissing or hiring, such information will be transmitted no later than the next day after the issuance of the order on the hiring or dismissal of the employee.

Norms

The rules for maintaining the chronology of labor work are established by federal law. The Decree of the Government of the Russian Federation No. 225 and the Decree of the Ministry of Labor of the Russian Federation No. 69 are in force, which indicate the forms of the document and its samples. Filling out the work book for the first time is carried out according to the specified rules.

Clause 8 of Resolution No. 225 states that with initial employment, employers create a book at the expense of the enterprise. The document is issued for all employees who have begun their duties and have been performing them for at least a calendar week. Similar rules include Art. 66 of the Labor Code of the Russian Federation, which states that employment records are made no later than 5 working days.

Employees cannot independently enter any information into the work book. This is performed only by a specialist from the personnel department of the enterprise where the employment was registered under an employment contract.

How to get a work book for the first time?

In accordance with paragraph 3 of Resolution No. 225, each enterprise must purchase, at its own expense, book forms of the approved form, which are then used in the course of their work activities when hiring workers who are employed for the first time, or in the event of loss of an agreed document due to the fault of the company.

But since the book on the chronology of experience is not only a strict reporting form, but is also subject to registration in a special book for the movement of documents of this type, the specified document is not issued just like that, but only if certain conditions are met, namely, the provision of a certain package of documents, on the basis from which a book about labor can be obtained.

What documents are required for this?

In particular, in order to obtain a work book for the first time, you need to provide:

identification document, which may be a passport or birth certificate;
educational documents, which can be not only a diploma or certificate, but also a grade book or a certificate from a university if you have incomplete education (clause 2.1 of Resolution No. 69).

The above data is required for this. to fill out the title page of the work book.

But an application for the issuance of a labor book form is not required, since the specified document is issued to the employee on the basis of the law, and not at his personal request.

However, in some organizations, to confirm the use of book forms, applications are still issued, but only if the work book has been lost and a duplicate should be issued, and if the filing of the application is provided for by the local acts of the enterprise.

Providing documents that are not specified in the above list is not allowed, with the exception of confirming data on length of service if a book is lost or for making additional records of training or military service.

At what age can you start?

In accordance with the norms of the law, an employee can be hired by an enterprise from the moment he reaches the age of majority, that is, from the age of 18, however, in some situations, as an exception, the employment of minor employees is allowed, but only subject to the guarantees established for this category and the provision of certain package of documents.

Thus, the admission of minors is allowed from the age of 14 with written permission from parents and guardianship authorities on the basis of Article 63 of the Labor Code of the Russian Federation.

And taking into account the norms of Article 66 of the Labor Code of the Russian Federation on the mandatory establishment of a work book, the specified document must be drawn up when hiring an employee, regardless of whether he is an adult or not.

How to write a job application correctly? Read our article. How is admission processed by transfer from another organization? Find out here.

Where and how to buy?

As mentioned above, for the first time a labor book form is issued and registered at the enterprise upon first employment, as this is enshrined in the law, but the employee has the right to purchase a blank form recording the chronology of experience himself.

However, purchasing a book does not automatically issue it, so to the question of how to get a specified document, the answer is quite simple - you need to get a job.

Who fills it out?

An employee, even a self-purchased work book, does not have to fill out, not even the title page, since this responsibility is assigned only to the personnel employee of the enterprise on the basis of clause 8 of Resolution No. 69.

The newly hired employee is only required to provide documents on the basis of which the title page will be filled out in the presence of the employee, who will then confirm with his signature the correctness of the entered data.

Deadlines

In accordance with Article 66 of the Labor Code of the Russian Federation, the employer is obliged to make an entry in the labor book if the employee has worked at the enterprise for at least 5 days.

And in paragraph 8 of section 2 of Resolution No. 225 it is said that the entry is made no later than a week from the date of employment.

How to apply?

Hiring an employee begins not with making an entry in the work book, but with issuing an order and concluding a cooperation agreement (employment contract), which then serve as the basis for making an entry in the work book.

In addition to the order, you also need the above-described package of documents with the employee’s personal data, with which the actual filling out of the specified document begins.

How to fill out the title?

The procedure for filling out the title page of the labor book is regulated by Section 2 of Resolution No. 69, which stipulates the Rules for entering the following data:

surname, first name and patronymic of the employee (entered in full in accordance with identity documents);
date of birth (in Arabic numerals without abbreviations);
level of education (general secondary, higher professional, incomplete higher education);
specialty (in accordance with the qualifications specified in the diploma);
date of completion (corresponds to the date of the first employment record).

After filling out the main fields, the newly hired employee signs, confirming the accuracy of the entered data, and then the personnel employee signs as the responsible person.

After entering all the required data, the company seal is placed at the bottom of the title page.

Example of title page design:

Example of filling out the title page

How to make the first entry?

It should be noted that the first entry is not always proof of employment.

In some cases, this may be information about training or service in the army, because in the military registration and enlistment office or in the dean's office, as a rule, work books are not created and such entries are not made, therefore they are made already at the first employment by a personnel employee on the basis of the same military ID or diploma (clause 21 of Resolution No. 225).

And despite the fact that the first entry on employment may be made several years after training or military service, the date of entry is still indicated as the real one, and not the one that indicates the end of service or training.

Naturally, after making a record of training, the next record is made confirming the fact of employment.

What to do if the employer does not give the work book? Read our article. Electronic work book - what is it? Find out here.

What might an applicant's application form look like when applying for a job? See here.

The procedure for filling out information about work is specified in Section 3 of Resolution No. 69, which states that the full name of the organization without abbreviations is entered as a heading, even if they are specified in local acts.

Column 1 indicates the serial number of the entry, column 2 indicates the date in the following order, day, month, year, also in full, without abbreviations.

Then data on acceptance to a specific position is entered, indicating the structural unit, the rank, if assigned, and the conditions of the test, if applied (in particular, its duration).

And in column 4 the grounds for making an entry are given, which are an order or instruction. In the specified column, the name of the document is entered in full, without abbreviation, and its number and date of adoption are also indicated.

Example:

Example of making the first entry

What to do if the entry is entered incorrectly?

However, despite clear instructions for filling out a work book, mistakes do occur.

In this case, there are also rules for making corrections, specified in section 3 of Resolution No. 225. In particular, paragraph 27 states that if an inaccuracy is identified, corrections must be made by the organization’s personnel employee, who made the error, based on the employee’s statement.

If the organization has already been liquidated, then corrections are made by the successor enterprise or by a new employer, but only if there is a supporting document, that is, the same order or instruction.

If the main document is lost, other documents are used as grounds - the same employment contract and a certificate from the place of work, but not witness testimony, which can be used in other cases to confirm work experience.

The procedure for making corrections is specified in clause 30, according to which an incorrect entry cannot be crossed out, but an additional entry should be made indicating that, for example, entry No. 5 is considered invalid, which is confirmed by the signature of a personnel employee and the seal of the enterprise.

Example:

Sample of making entries when correcting inaccuracies

Then you need to make the correct entry based on the documents provided.

Where should the document be registered?

After the work book is completely filled out, it is also subject to registration in the book movement journal, where the employee’s data, series and number of the book, as well as the employee’s date of entry and position are entered.

The journal form is approved by Resolution No. 69; all columns indicated in the specified document must be completed.

You will find the procedure for recording work books on our website. How is an extract from the work book prepared? Find out here.

Order

The work book indicates the citizen’s work history. When a person applies for a pension, it is this document that serves as confirmation of length of service. Every employee once had a work book for the first time. You should not make mistakes in entering your passport details.

How to create a work book for the first time? The HR specialist of a company or individual entrepreneur fills out this document in the presence of the hired specialist, and then must check the correctness of the information indicated. If there is an error, the employee must request that the form be filled out again.

You cannot prepare a work book yourself for the first time. This should be done by a personnel officer or other representative of the employer. The law does not provide for the preparation of an application. But some employers require an application to open a work book for the first time.

If an employee for whom a record book is issued at the first job also gets a job in another company, there is no need to issue a second record book. In the second place, he will work part-time. It is up to the employee to decide whether to provide information about a given work period. The registration for admission to the second place is made by a personnel specialist at the main place. But for this you need to show him a supporting document.

Writers and Readers

What are the advantages of electronic labor? Neither the employer (which sometimes happens with paper books) nor the employee himself will lose it. At the same time, the employee can at any time control what entries his employer makes in the labor record. This can be done through your personal account on the Pension Fund website (it acts as the operator of electronic labor records), through the government services portal, or through the appropriate smartphone application.

All this is good and convenient, but at least five questions arise.

1 Is it possible to make sure that both the paper book remains and the electronic book appears?

Can. Each employee, until December 31, 2021 inclusive (with the exception of those who are, for example, on maternity leave or on sick leave due to a serious illness) must submit a written application in any form to their employer to maintain a work book in electronic form or to preserve a paper work record. . If a person finally decides to transfer his experience and work achievements into electronic format, then the HR department will hand over the paper book to him. If the employee still leaves the usual format, the employer will continue to enter information about his work activity into it. But at the same time, it will also maintain an electronic labor report for the employee. If a person does not make a choice during 2021, then the employer will continue to keep the work book on paper. But those people who will be applying for a job for the first time in 2021 will no longer be able to obtain a paper book. For them, only the option with electronic labor is provided.

2 The person only has an electronic work record left. Upon dismissal, will he be given information about his length of service and merits at his last and previous places of work? After all, during interviews it is important to have all the information about your experience with you. .

Upon dismissal, on the day of termination of the employment contract, the employee writes a statement to the employer to provide information about his work experience. The employer is obliged to provide such information, but only for the period of work with him. He cannot rewrite all previous entries and certify with his signature. Thus, the employee will receive only an extract from the work experience about the last period of work, either on paper signed by the employer, or in electronic form, if the employer has an enhanced qualified electronic signature. To obtain an extract of information about previous experience, if necessary, you will have to contact the Pension Fund. Well, keep a paper version of the work report, if you had one before. You can take him for an interview.

3 In many places, for example, in banks to obtain a loan, in embassies and consulates when issuing a visa, in social services when applying for benefits, in the courts when defending interests, copies of the employment record are required. Who can issue them from the electronic labor report?

If a person works, the employer is obliged to provide an extract from the employment record at the employee’s request within three working days. If a person is not employed, then an extract from the electronic labor record can be obtained from the Pension Fund client service.

4 Often, an employer does not want to immediately let go of an employee who has decided to quit. “Get your work permit in two weeks,” they say in the HR department. If there is electronic work, maybe we won’t be able to work these two weeks?

Will not work. It doesn’t matter what kind of work a person chooses in this case. It is important that the Labor Code, as emphasized by the Ministry of Labor, states that an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance. These two weeks begin the day after the employer receives the employee's resignation letter. “You can’t just pick up and leave. When a person resigns, a dismissal order is issued. Information about this is entered into the work book. If an employee has an electronic work record book, he also cannot leave immediately. Information about the order will be transmitted by the employer to the Pension Fund. And if the order is not issued, what will the employer transmit?” - explained the Ministry of Labor.

But if a person leaves of his own free will because he is enrolled in studies, retires, or because the employer violates labor laws, the employer must terminate the employment contract within the period specified in the employee’s application.

5 What if the employer messed something up when maintaining an electronic work record?

In general, this is completely unprofitable for employers, since they can be fined for providing incorrect information. Moreover, if the incorrect formulation of the grounds and (or) reasons for dismissal in the information about work activity prevented the employee from taking another job, then the court will oblige the employer to pay the employee the average salary for the entire period of forced downtime.

“Personally, I am inclined to keep the paper work record. The employer is still required to maintain an electronic one. Paper is somehow more familiar and reliable. And all the extensive work experience is at hand. Of course, the future lies with electronic formats, but for now, I believe, we still do not have all services and systems well-debugged in order to completely switch to electronic documents,” noted in an interview with RG a professor of the Department of Labor and Social Policy at the Institute of State service and management of RANEPA Lyubov Khrapylina.

Statement

How to create a work book? Sometimes employers require you to write a statement. It is drawn up on A4 sheet. It is written according to the following rules:

In the middle it says “Statement”.
Then you need to write about the need to draw up a book due to the conclusion of an employment contract and Part 4 of Art. 65 Labor Code of the Russian Federation.
Then the date and signature with a transcript are indicated.

This is a standard application form. But usually they don’t require it. The main thing is only the correct filling, maintenance of the document, as well as its storage and issuance.

Acquisition

The employer must have the required number of work book forms and inserts in it according to the law. He cannot demand that the employee buy the document himself. When issuing a book, the employer may charge a fee, the amount of which is determined by the amount of expenses for its purchase.

When considering the topic of how to create a work book for the first time, you should determine who needs to buy the form - the employee or the employer. It is not advisable to purchase a form yourself, as there is a risk of purchasing a copy that does not meet the standards, or created by an enterprise that does not have the right to do so.

The employer must buy the books. His responsibilities include:

maintaining a book on issuance, storage, receipts and expenses, registration of documents of new employees;
storage of books;
issuance of documents upon dismissal with a record.

After completing the document, the employer has the right to withhold the price of the work book from the employee’s salary. But this is done after the order is issued, which should be familiarized to the employee against signature. The amount cannot be calculated without the consent of the person.

Responsible storage of provided work records

It is the employer's responsibility to ensure the safety of the work records in his possession. For this purpose, the employer appoints an employee responsible for maintaining, responsible storage, documentary records and competent issuance of work books, and also provides conditions for their storage in order to eliminate the possibility of loss or damage to documents.

Most often, this function is assigned to the employer’s HR department. To ensure the proper level of security, employees' work records are stored in a safe or metal fireproof cabinet. There are also forms for new work books, as well as their inserts. Along with work books and forms of new documents, you should contain a book for recording the movement of work books and completed personal cards of employees, where HR employees duplicate all records from the work records.

The employer’s task is to ensure the safety of not only the work records of currently employed employees. Work books not received upon dismissal or in the event of the death of the owner must be stored by the employer for two years directly in the personnel service. After this period, they must be transferred to the archives of the organization and ensure their preservation for up to 50 years. After this period, work books must be destroyed.

Filling

How to create a work book for the first time? A blank form is filled out using three documents:

passport;
educational document;
order.

The work book is issued after signing the order. During the same time, records of admission/transfer to a position, awards, and advanced training are made. Information about dismissal must be submitted on the same day, and the document will be immediately provided. How to create a work book for the first time? This sample form will allow you to do this correctly:

On page 1 the full name is indicated. as in the passport, date of birth, education, profession, specialty.
After specifying this information, the personnel officer provides the book to the employee for verification and signature.

If the form is damaged, then the personnel officer must draw up a report and then write out the work book again. Corrections refer to changes in full name. employee (if the marriage was formalized) or education data. The correction rules are as follows:

Cross out the inscription with one line so that it is readable.
New data is recorded above.
Next to it is the name, number and date of the document, which is considered the basis for correction.
The entry is certified by the signature of the person who made the correction, as well as the seal of the enterprise.

Cross-outs and corrections of records of work and rewards are not allowed. When the first spread is completed, you need to turn the page and enter information about hiring, recording in the columns the number, date, and the phrase “hired for the position ...” indicating the name of the company’s division, if it is in the employment contract. The name, number and date of the decision are also recorded.

An employee who is issued a book for the first time may require records of studies at a permanent department of a university, service in the Armed Forces or another period included in the work experience. If the employee presented a document confirming military service, then after making a record of employment, you can enter data about this.

When is a work book created? This is done upon first official employment. Moreover, this can happen both from the age of 18 and later.

We looked at all the rules on how to open a work book for the first time. It is important to adhere to them in order for the document to be legally binding. In case of violations of its filling, urgent correction of all defects is required.

Electronic work book. What an employer needs to do in 2021

In 2021, significant changes were made to the Labor Code of the Russian Federation regarding the gradual transition from the usual paper work books to electronic ones.
This is reflected in the Federal Law of December 16, 2019 N 439-FZ “On amendments to the Labor Code of the Russian Federation regarding the generation of information about labor activity in electronic form,” which came into force on January 1, 2020. However, the coronavirus pandemic has made adjustments to this part of personnel work, and therefore the initial procedure for such a transition was changed. 1. Amendment to Article 65 of the Labor Code of the Russian Federation

The new version of Article 65 provides for an updated list of documents that the employee must provide to the employer to conclude an employment contract. Now, along with the work book, the employee has the right to provide the employer with information about his work activity when applying for a job.

Note!

The wording of the new edition of Article 65 of the Labor Code of the Russian Federation provides for the possibility for an employee to provide both a work book and information about work activity when hiring. In other words, from 2021, an employee can provide when applying for employment: - only a paper work record book; - only information about work activity; — work record book and information about work activities.

2. Introduction of a new article 66.1 into the Labor Code

New Article 66.1 establishes the concept, content and requirements for information about an employee’s work activity (or, more simply, for electronic work books).

In accordance with Article 66.1 of the Labor Code of the Russian Federation, information on labor activity is basic information about the labor activity and length of service of each employee, generated in electronic form, which the employer must provide for storage in the information resources of the Pension Fund of the Russian Federation (form SZV-TD). Information on labor activity includes information about the employee, his place of work, his labor function, the employee’s transfer to another permanent job, the employee’s dismissal, indicating the grounds and reasons for termination of the employment contract.

Article 66.1 also defines options for how an employee can obtain information about his work activities. He can receive them: - from the employer at the last place of work (for the period of work with this employer) on paper, duly certified, or in the form of an electronic document signed with an enhanced qualified electronic signature (if the employer has one); — in a multifunctional center for the provision of state and municipal services on paper, duly certified; — in the Pension Fund of the Russian Federation on paper, duly certified, or in the form of an electronic document signed with an enhanced qualified electronic signature; — using a single portal of state and municipal services in the form of an electronic document signed with an enhanced qualified electronic signature.

The employer is obliged to provide the employee with information about his work activity during the period of work for this employer in the manner specified in the employee’s application (on paper, duly certified, or in the form of an electronic document signed with an enhanced qualified electronic signature (if the employer has one): - during the period of work no later than three working days from the date of filing this application; - upon dismissal on the day of termination of the employment contract.

The form for providing such information is also determined (Form STD-R, established by Order of the Ministry of Labor of Russia dated January 20, 2020 N 23n).

3. The procedure for interaction with the Pension Fund of the Russian Federation

Starting from 2021, the employer must monthly, no later than the 15th day of the month following the month in which personnel activities were carried out or an application was submitted to continue maintaining the work record book or to provide information on labor activity, provide reporting to the Pension Fund of the Russian Federation in the form SZV-TD (approved by Resolution of the Board of the Pension Fund of the Russian Federation dated December 25, 2019 N 730p).

When submitting the specified information for the first time in relation to a registered person, the policyholder simultaneously submits information about his work activity as of January 1, 2020 with this policyholder.

If during 2021 the employee is not hired, fired or transferred to another position, i.e. If during 2021 the employer does not have grounds to submit reports to the Pension Fund of the Russian Federation in relation to this employee, information on the work activity of this employer as of January 1, 2021 for such an employee must be submitted no later than February 15, 2021.

Starting from 2021, in cases of transfer to another permanent job, an employee filing an application for the insurer (employer) to continue maintaining a work book in accordance with Article 66 of the Labor Code of the Russian Federation, or for the employer to provide information about work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation, the employer must will provide this information no later than the 15th day of the month following the month in which the transfer to another permanent job took place or the corresponding application was submitted. In cases of hiring and dismissal - no later than the working day following the day of issuance of the relevant order (instruction), other decisions or documents confirming the formalization of the employment relationship.

Important!

The procedure for filling out the SZV-TD form is specified in detail in Resolution of the Board of the Pension Fund of the Russian Federation dated December 25, 2019 N 730p “On approval of the form and format of information about the work activity of a registered person, as well as the procedure for filling out the forms of the specified information.” Be sure to read this document!

4. Amendment to Article 84.1 of the Labor Code of the Russian Federation

In addition to amending Article 65 and adding a new Article 66.1 to the Labor Code of the Russian Federation, changes were made to a number of other articles, including Article 84.1, which provides for the general procedure for formalizing the termination of an employment contract.

Thus, on the day of termination of the employment contract, the employer is obliged to issue the employee a work book or provide information about work activity

(from this employer) and make a settlement with him.

Entry into the work book and entering information into information about work activities

on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.

5. The procedure for switching to electronic work books

Another obligation of the employer is to notify employees about changes in legislation.

Initially, in accordance with Federal Law dated December 16, 2019 N 439-FZ, the employer was required to notify each employee in writing by June 30, 2021 about changes in labor legislation related to the generation of information about labor activity in electronic form, as well as about the employee’s rights by submitting an appropriate written application to the employer, make a choice between the employer continuing to maintain the work book in the usual form (on paper) or the employer providing him with information about work activity (or, more simply put, switching to an electronic work book).

However, unforeseen circumstances (the coronavirus pandemic) could prevent such an obligation from being fulfilled on time. In this regard, on the basis of Decree of the Government of the Russian Federation dated June 19, 2020 N 887, the notification period was postponed from June 30 to October 31, 2020 inclusive.

Important!

You must provide methods for notifying workers in your local regulations, taking into account the opinion of the representative body of workers (if there is such a representative body).

The notification must indicate that an application for the employer to continue maintaining a work book in accordance with Article 66 of the Labor Code of the Russian Federation or for the employer to provide the employee with information about work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation must be sent by the employee until December 31, 2021 inclusive . It is also recommended that the notification include information about where the application will need to be submitted and, if necessary, indicate a contact person to whom the application can be forwarded.

Important!

If the employee does not send you any of the specified applications by December 31, 2021, you continue to maintain his work book in accordance with Article 66 of the Labor Code of the Russian Federation - that is, in the usual form.

If an employee submits an application for the employer to provide him with information about his work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (that is, about the transition of the book to electronic form), you (the employer), starting from January 1, 2021, will have to issue him a work permit. book in hand.

In the work book itself, you will need to make a record of the employee filing the relevant application. The specific wording included in the work book has not been approved. The last entry that you will make in the work book of such employees will be a record that the employee sent an application to the employer to provide information about their work activities. If the employment contract with the employee is subsequently terminated, an entry about this will no longer be made in the work book. The fact of issuing a work book to an employee must be recorded in the book of registration of the movement of work books and inserts in them. After issuing the work book to the employee, the employer is released from responsibility for its maintenance and storage.

An employee who has submitted a written application for the employer to continue maintaining a work record book in accordance with Article 66 of the Labor Code of the Russian Federation (in the usual form) has the right to subsequently submit to the employer a written application for the employer to provide him with information about work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation ( electronic).

Note!

If after January 1, 2021, an employee comes to you for employment with a paper work book, you accept this work book, register it and make entries in it in the usual manner. If on January 1, 2021, an employee comes to you for employment, for whom this will be the first employment, such an employee does not need to draw up and maintain a work book.

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Storage and issue

The article indicates the nuances of how to obtain a work book for the first time since 18 years of age. It is from this age that official employment is permitted. But how to get a work book for the first time since you were 14 years old? Sometimes registration is allowed from this age, but with the permission of parents and guardianship authorities. In any case, you need to know how to open a work book, even if it is opened for a minor.

A document that is stored in an organization cannot be issued for the period when the employment relationship is formalized. If it is needed to be submitted to a certain authority, then an application must be made to the employer to provide a copy of the work record book or an extract from it.

The employer must comply with such a request. And authorities cannot require the original document to be provided if it is located at the main place of work.

What law introduced electronic work books?

The main regulatory act regulating the transition to electronic work books is Federal Law No. 439-FZ dated December 16, 2019 (hereinafter referred to as Law No. 439-FZ).
Let us immediately make a reservation that the term “electronic work book” is not used in this law - we are only talking about the possibility of refusing to maintain a paper work book, since all information about work will now be duplicated in electronic form and stored on the servers of the Pension Fund. In this regard, the legislator allowed the use of this information instead of a paper work record book both when applying for employment and when applying for a pension. It is this information that we will further call “electronic work book” or abbreviated “ETK”. Compose HR documents using ready-made templates for free

According to the provisions of Law No. 439-FZ, the process of abandoning the maintenance of paper work books will take at least a year. And although legislators have provided a fairly detailed algorithm that employers and employees must adhere to, ambiguities still remain. We have prepared a cheat sheet that tells you what, how and when to do to switch to ETC.

Loss

When considering the topic of how to create a new work book for the first time, you need to know the nuances regarding its loss. If this happened due to the fault of the company where the document was located, then the employer must restore the lost document:

extract of a duplicate;
restoration of data on length of service and other records - for this, requests are submitted to the necessary services and expenses are paid.

If the book is lost by the employee, a duplicate is provided by the employer upon application. But the restoration of information will be the concern of the person who caused the loss.

When a Trudovik is the owner of a labor

Even if a work book is opened for the first time by an employee of the HR department, he does not have to fill it out himself. In addition to the personnel officer, the employer is responsible for filling out the document. He has the right to sign only in the place where the owner of the work book is indicated. Below on the document:

the manager signs;
signed by another personnel officer or special person.

An authorized officer must be appointed by order. The negative reasons in this regard include the fact that a person without this document will not be a full-fledged employee, even if there is an order and an employment agreement.

Who buys the work book form

Each employer must have forms of work books and inserts for them. The employer does not have the right to require employees to buy their own. The employer should enter into an agreement with an association such as GOSZNAK or another accredited supplier. Such organizations provide employment forms.

After the employee is issued a work form, the fee for the book is deducted from him. The amount of the fee will be equal to the cost of purchasing the form. If suddenly the book form is accidentally damaged, money cannot be withheld from the employee. In addition, it is impossible to withhold money even if there has been a massive loss of work records, which was the fault of the employer. Such cases should be provided for in collective agreements as special conditions for the provision of free labor. And the employer compensates all costs in full.

Among other things, the employer must:

maintain a book of records of the movement of work books, in which their issuance, storage, receipts and expenses are recorded, as well as the registration of documents of new employees;
keep the records of your employees and be responsible for them;
in case of dismissal of an employee, issue him a work certificate, and make a corresponding entry in the Accounting Book.

Important! The employer has the right to withhold from the employee’s wages the cost of the work record book upon its initial registration. To do this, the employer is obliged to issue an appropriate order, which the employee must read and sign. Without the employee’s consent, the cost of the book cannot be deducted from the salary.

Order for registration

An order is an order from the employer to draw up a work book. This will be the final stage of the workflow. The order is certified by the signature of the head of the institution and the seal. It is issued to confirm the legality of acceptance or termination of a contract, as well as when a work ID is created for the first time or any entries are made on it.

Prepare the document by entering:

personal information about management and company name;
information about subordinates;
the reasons on which the registration took place;
date of entry into force of the act;
signatures of the parties.

All citizens who begin their professional activities must complete a work book. In order for this procedure to be completed, an appeal to the employees responsible for this work is required.

Amendment of Art. 84.1 Labor Code of the Russian Federation

Officials made changes to Art. 84.1 of the Labor Code of the Russian Federation, which concerns the procedure for formalizing the termination of an employment agreement. According to the amendments, on the day of termination of the relationship, the employer must not only issue the final payment, but also transfer to the employee his work book or information about his work activity (in this particular company).

When terminating an employment contract, entries in the documents (work book and information) about the reasons and grounds are made in strict accordance with labor legislation. At the same time, a reference to the rule of law on the basis of which the contract was terminated is also indicated.

Authentication

The new book is easier to check because it has many levels of protection. And older versions are easier to counterfeit. Verifying the authenticity of a record is complicated due to the fact that obtaining facts is not always possible. But it is permissible to use optimal verification methods:

It is necessary to check the date of issue of the document with its serial number. Data is identified using special sources that include a correspondence table.
An analysis is carried out of the correct completion of records that are entered in the required columns. They must be endorsed by the signature of an authorized employee and seal.
Communication is being established with the former management of enterprises if the employee was previously employed.

Is it required for foreigners?

Difficulties often arise in the activities of the personnel service when registering foreign citizens. Usually they are related to paperwork. They represent books filled out according to the rules of office work. There are no special differences in filling.

But in this case, the employer thinks about the legality of using documents used in other countries and the need to issue Russian books. Such a document is required for foreign citizens applying for work in Russia.

At enterprises in some countries, the establishment of books is not approved or they have a different form than in our country. Labor law norms do not establish the issue of foreigners opening a document, but some employers still issue one.

Now only 1 act is in force - Rostrud letter No. 908-6-1. It contains clarifications related to this issue. It was revealed that the employer must create a book created according to the Russian model if the employee being employed does not provide it. Moreover, it is important to work more than 5 working days, as indicated in Art. 66 Labor Code of the Russian Federation.

Personal information is filled out not only for the passport, but also for the driver’s license, international passport, and military ID. The employee must sign the work book on the title page, confirming the recorded data. An authorized person also signs. After this, the official seal is affixed.

Rules of conduct

Established rules are taken into account, since records must be reflected according to the model. Instructions have been developed indicating how to fill out the book correctly. All important points are reflected.

It talks about correctly filling out the title page and entering information about the organizations where the person worked and where he was transferred. All awards and terminations of employment relations are recorded. If the entries were declared invalid, this is reflected in the book.

Who is responsible?

The legislator establishes requirements regarding the organization of work with books. Documentation is expected to be reportable. The enterprise must have a responsible person who is responsible for handling the books.

A paper is issued for the appointment. Company management often appoints employees of the financial or personnel departments to be responsible. The order is issued in any form.

What data is entered?

The document may include information about part-time work performed, but this is not required. In the HR department, this entry is made upon request. If you want to have additional income, you do not have the right to issue a document. Only major employers fill it out.

The book may also include information about advanced training, category assignment, and other information. In addition, information is entered when renaming the institution. The entry is made with reference to the document that serves as the basis for this. This data is re-entered when there is a change in staffing levels, for example, with the renaming of a position.

Insert design

If all the free space is spent and there is nowhere to add new information, open the insert. It is often sewn into the end of the document, since there are no specific instructions about this in the instructions. A stamp indicating the issue of the insert indicating the series and number is placed on the title page.

Entering data into it is mandatory; the title page must also be filled out. Numbering continues after the number at which the work registration was completed. If errors appear while filling out the insert, it must be disposed of in the presence of the commission and a report must be drawn up. This also applies to rejected or outdated books.

Thus, work books are necessary for all citizens who have begun their working career. Upon dismissal, you must receive a document. It will later be presented when applying for a new job.