Why do you need an entry in the work book?
When an employee gets a job, he is presented with a fairly significant number of documents to his employer. One of them is a work book. If an employee gets a job for the first time, the employer himself will see his work record. In addition to indicating all the applicant’s places of work and merits in the resume, some kind of confirmation will be required. The only evidence of the above can be a work record book. Thus, for each employee, the work book is a very important document that allows confirming not only his work experience, but also the positions he holds. In addition, this document will be simply necessary upon retirement (
The main difference between a fixed-term and a regular employment contract
Of course, we will talk about the validity period of the documents. If an open-ended contract does not have a clear period during which it is valid, then certain restrictions are imposed on a fixed-term contract.
First of all, the document must indicate the specific period for which the person is hired, otherwise the agreement immediately changes its type. The expiration date may be the occurrence of certain circumstances, for example, an employee returning from vacation, the end of seasonal work, or the arrival of a specific date.
A fixed-term contract, according to the Labor Code of the Russian Federation ( Article 59 ), can be concluded for a maximum of 5 years , while the minimum period is not regulated in any way by law. Therefore, an employer can hire a person for a month, a week or even a day. In the latter case, he will have to justify his decision, because in such situations it is easier to conclude civil contracts (contracts).
Important! Repeated re-issuance of a fixed-term contract made to perform the same work is a reason for its reclassification into an open-ended one.
Fixed-term contract
As noted above, when an employee gets a job, the personnel service makes a record of employment in his work book. In this case, an employment contract is concluded with the employee. However, the type of contract concluded may be different. For example, it can be urgent or indefinite. This means that you should also understand whether the entries in work books will differ when concluding different types of employment contracts.
Important! A fixed-term employment contract is an agreement between an employee and an employer, which is concluded for a fairly short period. Typically, the term of such an agreement does not exceed 5 years.
A fixed-term contract can be used when hiring a temporary employee for the period of replacing an absent employee. For example, an employee is on leave for employment or child care. In this case, the employer knows the timing of the return of the main employee, so he can determine the duration of the employment contract.
In addition, fixed-term contracts are also concluded when hiring seasonal workers for a certain period of time. In this case, the contract clearly states the reason for this nature of the work. An order for hiring and making an entry in the work book is issued on the basis of a contract. The employment form is filled out taking into account the fact that the employee is hired not part-time, but full-time.
Special situations
A specific case is considered to be the situation when a pregnant employee has to be fired.
The law provides for the impossibility of carrying out such a procedure even after the expiration of the temporary agreement. The employer is obliged to extend the contract with her for the entire period of pregnancy. To do this, a woman must write an application and attach medical documents confirming her situation. The settlement date will be considered:
- the day the maternity leave ends (if it was granted to her);
- if leave was not provided, then within 7 days after the employer received information that the woman had already become a mother.
All benefits due to her by law are required to be paid. Acceptable cases of dismissal of pregnant employees are only those specified in Article 261, Part 3 of the Labor Code, namely:
- the temporary agreement was concluded for the period of replacement of a permanent employee;
- complete liquidation of the enterprise.
But even in these cases, the manager must first offer the employee several vacancies in her specialty, and in their absence, a lower or less paid position, but taking into account the health status of the expectant mother. Only in case of refusal does he have the right to dismiss the pregnant employee.
Registration in the labor register for a fixed-term employment contract
Various changes may occur in the work process over time. For example, management may decide to change the nature of the relationship with an employee. For example, offer an employee a transfer to a permanent job.
The opposite situation may also arise when the employee himself wants to quit before the end of the period specified in his fixed-term employment contract. In this case, the dismissal date that was set upon hiring will no longer be relevant.
If, already during employment, it becomes clear that the employee will be dismissed within a certain period, then the corresponding entry is made in the work book. Moreover, this must be done within 5 days from the date of hiring the employee. Thus, the procedure will be as follows. First, a fixed-term employment contract is concluded with the employee. Based on this agreement, the manager issues an order to make an entry in the work book. It should be remembered that the order does not indicate that a fixed-term employment contract has been concluded with the employee.
All entries in work books must be regulated by internal regulations. There are no special rules for filling out employment records for accepting a job under a fixed-term employment contract, therefore the entry for accepting a job for a fixed-term employee should not differ from the entry for hiring an employee under an open-ended employment contract (
Documenting
The procedure for filling out the book is similar to any other case. But the very moment of termination of cooperation between the employer and subordinate under a fixed-term agreement may differ:
- If the agreement was concluded for a time to carry out certain work, then its completion must be confirmed documented, for example, by a corresponding act.
- In case of temporary replacement of a permanent specialist, the date of termination of the employment relationship will be the date of this employee’s return to work.
- End of term. This could be a specific calendar date or the onset of constant cold (heat) if the person was hired to perform seasonal work.
The form is filled out directly on the day the employee is paid. The entry in the work book about dismissal at the end of a fixed-term contract must contain the following information:
- serial number;
- Date of completion;
- basis for calculation: order number and reference to the regulatory document (Article 77, part 1, paragraph 2 of the Labor Code of Russia);
- company seal;
- Full name, position and signature of the HR employee who fills out the book;
- employee signature.
But there are situations when the contract is canceled ahead of schedule. The wording of the grounds for dismissal must refer to the real reason:
- agreement of the parties;
- termination on the personal initiative of one of the parties;
- transfer of an employee to another organization;
- refusal to perform work due to changed working conditions;
- other reasons for termination of the contract established by law.
That is, the fact that the agreement was urgent does not affect the entry in the employment record.
Sample entry in a work book
When filling out a work book, the employer should take into account some design features:
- the first column must contain the serial number of the record;
- the date of hire is entered in Arabic numerals (this column is divided into 3 parts so that you can separately indicate the date, month and year of admission);
- when making a record of employment, the position is indicated, as well as the name of the structural unit to which the employee is being hired;
- Next, the details of the employment order are entered, on the basis of which the entry is indicated (the date and number of the fixed-term employment contract are recorded, but the fact that the fixed-term contract is not indicated);
- The entry made is endorsed by the responsible person, who signs and deciphers it.
Important! There is no need to put a stamp when making an entry for employment.
An example of an employment record entry
Application procedure
Making an entry in the book is regulated by Article 65 of the Labor Code of the Russian Federation.
It is paid within the first 5 days after the citizen takes office.
An employment contract is prepared in advance, which sets the validity period.
Next, an order is issued, which indicates only the date of acceptance of the employee and the unit into which he is accepted. It should not indicate here that he is accepted under a fixed-term employment contract.
IMPORTANT: The entries in the book must exactly correspond to the information specified in the employment order.
First of all, the column with the serial number is filled in . It must be one more than the one corresponding to the previous entry.
The next column contains information about the date when the employee began work duties. The date is entered in Arabic numerals .
The column is divided into three columns for separate recording of the day, month and year. The day and month are written with two digits, and the year with four. It is not permissible to put dots or write letters in these columns.
REFERENCE: The date indicated in the employment (dismissal) record may not coincide with the moment the entry was made in the book .
The third column indicates the fact of hiring with the name of the position and department. For example, they formulate: “Hired as a teacher of additional education in the department of the Lisichka theater studio.”
If there are no divisions, the structure that is regulated for official records is indicated. For example, an individual entrepreneur has the right to indicate the name of an organization, retail outlet, etc. as a subdivision.
In the fourth column, reference is made to the order on the basis of which the person began work. That is, complete information is provided about the order on the basis of which the entry is made (about a fixed-term employment contract). After the name of the document “Order”, enter its number and the date of its release.
Only the employer represented by:
- individual entrepreneur;
- manager;
- an authorized person from among the employees appointed by order.
The entry is endorsed by the person who entered information about the work, the signature is deciphered by the surname.
When entering information about employment, a stamp is not affixed.
Sample entry in the work book about a fixed-term employment contract:
Entry in the work book about dismissal
When dismissing an employee, as well as when hiring him, it is necessary to issue an order. The order indicates the date and reason for the employee’s dismissal. In our case, a fixed-term employee is leaving due to the fact that the contract has expired.
When making an entry in the work book, you should put a date that corresponds to the date specified in the fixed-term employment contract and in the dismissal order. After this, information about dismissal is entered. The remaining entries in the book correspond to those made when applying for a job. The main difference will be that when making a record of dismissal, the seal of the employing company is affixed. This confirms that the employee’s work activity in this company is completed.
Important! The work record book should be issued to the employee on the day of dismissal (last working day) against signature.
An example of a dismissal entry in a work book
Dismissal at the end of the employment contract
Detailed dismissal procedure.
Let's consider this procedure in detail.
- The contractor should be notified in writing, except in the case where an employee hired under a fixed-term contract replaces the main one. No written notice is required here. The notification does not have a specific form, but there must be 2 copies (for the employee and the employer) indicating the date of dismissal;
- Signing of the notice by the CEO/president of the company;
- The document is registered with the obligatory assignment of a number;
- Provide the employee with written acquaintance three days in advance with the completed notice and hand over one copy to him. It is recommended to make a note on the notification that the employee received this document;
- The notice is filed in a special folder or attached to a personal file;
- Drawing up an order. The document indicates that the employment contract loses its force due to the expiration of the term (clause 2, part one of Article 77 of the Labor Code of the Russian Federation) with an indication of the documents that served as the basis (contract, signed notice, employee statement);
- The order is sent for signature by the manager, and then it should be registered;
- Familiarization of the employee with the order (based on Part 2 of Article 841 of the Labor Code of the Russian Federation);
- Sending the order for storage, noting its presence in the personal file (you can make a copy and store it in the personal file of the dismissed employee);
- Entering data into the employee’s personal card (see order data);
- Written familiarization of the employee with all dismissal documents;
- Transfer of information for cash payment to the accounting department;
- Entering information about dismissal into the labor record with mandatory certification by the person responsible for document flow;
- Familiarization of the employee with the mark in the work book, handing over the document.
The employee must sign for receipt.
Features of termination of labor relations with certain categories of workers
You can terminate a contract with a pregnant woman only in special cases.
We will initially talk about pregnant women and women who are on maternity leave, since motherhood and childhood are under special protection of the state. Let's look into this issue.
Work outside the normal course of business of the employer
The next legal basis for concluding a fixed-term employment contract is the performance of work beyond the normal activities of the organization.
Features of concluding a fixed-term contract
Directly in the article of the Labor Code of the Russian Federation, only an approximate list of such works is given. This includes reconstruction, installation, commissioning and other similar work. When using such a basis for concluding a fixed-term employment contract, it is important that the type of work really goes beyond the normal activities of the organization. In other words, it must be some kind of irregular work that is unusual for the company. That is why reconstruction, installation and commissioning work are given as examples of such work, that is, those works that are performed from time to time and not constantly.
On this basis, a fixed-term employment contract can be drawn up for a period not exceeding five years (clause 2, part 1, article of the Labor Code of the Russian Federation). The one-year limit established in paragraph 6 of part 1 of article of the Labor Code of the Russian Federation applies to employment contracts that are concluded in connection with a temporary expansion of production or the volume of services.
What to write in the contract and in form No. T-1
The employment contract reflects the temporary nature of the work, the date of its end or the event with which the end of the work is associated, as well as the content of the work or the employee’s labor function. Accordingly, the following formulation can be used:
“In accordance with Part 1 of Art. of the Labor Code of the Russian Federation, this employment contract is a fixed-term one and was concluded to perform obviously temporary work on the reconstruction of the premises of workshop No. 3, beyond the scope of the employer’s normal activities.”
In the order for employment (form No. T-1), the nature of the work is indicated: “to carry out work on the reconstruction of the premises of workshop No. 3.” In the “by” column of this order, the date of termination of the employment relationship is indicated or the event with which the completion of the work is associated is displayed (for example, “before the completion of the reconstruction of the premises of workshop No. 3”).
general information
Every able-bodied citizen must have a work book, otherwise, if necessary, he will not be able to prove information about his work experience. It is provided to the employer upon admission to work and is issued after dismissal. The form of the document is approved by regulations. If a document is lost, it must be restored.
The manager is obliged to enter into the labor code of the subordinate all the necessary information about his work activities. This also applies to cases when he carries out it under a fixed-term contract - he performs functions for a limited period.
When concluding such a contract, the following features must be taken into account:
- the agreement is concluded for a period of up to 5 years;
- the employer cannot establish a probationary period if the total period of the contract is 2 months;
- For contracts of up to 6 months, the trial period is no more than 2 weeks.
Such an agreement is drawn up often. For example, an employer does not have the opportunity to hire a suitable specialist for a permanent job. This could be replacing an absent subordinate, a business trip abroad, seasonal work, or acting in an elective position. An employee can be a part-time worker, that is, have a permanent place of work.
The period of employment contains an agreement and an order for employment. The employee must be familiarized with the contents of the order, although in practice this rarely happens. If he demands a copy, the employer has no right to refuse him.
If it is not possible to specify the end date of work, a specific event is indicated - a permanent employee returning from vacation, etc. After the order is issued in the subordinate’s Labor Code, an entry is made in the work book.
Temporary contract
Any labor relations between employees and employers must be recorded. Their presence is generally confirmed by the contract, as well as an entry in the employment contract - in case of a fixed-term employment contract or an open-ended one. If the execution of this document accompanies the establishment of a specific period during which the employee must perform his labor functions, then such a contract is considered urgent.
This definition includes:
- seasonal work;
- temporary work;
- implementation of reconstruction;
- commissioning works;
- activities of persons holding elected positions;
- civilian alternative service.
Derivatives contracts are usually concluded in the presence of one or more factors:
- the need to replace a temporarily absent employee;
- inability to provide a workplace for an indefinite period due to the nature of the duties performed.
Also see “How to register a replacement during sick leave.” and “We draw up a fixed-term employment contract for the duration of maternity leave.”
Please note: the maximum period for a fixed-term contract cannot exceed 5 years. Otherwise, the contract is classified as open-ended.
Also see “Standard employment contract: who, why and when can conclude it.”
Step-by-step instruction
The employee work book is filled out in accordance with the law and relevant instructions. If a subordinate does not have a completed document, it is the responsibility of the personnel employee to draw it up. Appropriate entries are made on the title page of the TC. Next, the official must:
- indicate the entry number;
- set the date for filling out the TC;
- indicate the name of the organization and information about the document owner’s employment;
- the last column must contain the details of the order on the basis of which the specialist was hired.
