The procedure for issuing a work book to an employee who continues to work

How to issue a work book in 2020 - 2021

Due to the introduction of electronic work books in 2021, paper formats are gradually losing relevance.
Now, if an employee writes you an application to switch to an electronic work record book and issue a paper document in person, you do not have the right to refuse him. Moreover, you will no longer be responsible for maintaining and storing the form. How to arrange the issuance of a paper work book when switching to an electronic format?

1. Receive an application from the employee to switch to an electronic version of maintaining a work record book. A sample application can be found here.
2. Enter into the paper work record the issue of the work book. For a sample of such a record, see this material .
3. Give the paper document to the employee.
4. At the request of the employee or upon his dismissal, provide him with information about his work activity in the STD-R form.

Let's consider the procedure for issuing a paper work record to an employee in periods before 2021 or in the case when an employee asks to continue maintaining a paper work record, but for some reason wants to pick up the document for a short period of time.

If an employee asks to be given a work book

Updated HR Communities: hr.superjob.ru

HR department - exchange of experience

| 22.09.2010 10:57

Natalie Piterskaya

Well, actually, this is an educational program for beginners. This question has come up here all the time and is causing a lot of controversy. Once I was even indignant and cited a fragment of an article from the journal “Office Management and Document Flow of an Enterprise”, where they simply advised issuing a work book, taking from the employee an application and a receipt that he received it in his hands. Well, now the magazine’s opinion has changed somewhat. I quote part of the article “Accounting and storage of work books” by M. V. Smolyaninov, deputy head of the legal department of SPAR RETAIL CJSC. However, I personally still don’t understand: How will an employee provide a notarized copy of the work book if he does not first provide the notary with the work book itself to receive a certified copy? (And things are still there!) I have never seen in the functions of a personnel service employee the obligation to go with someone else’s work book to the Pension Fund and present it there and, again, bear responsibility for it. I’ll paraphrase: “Think for yourself, decide for yourself: to give or not to give.” So the article: If an employee asks to be given a work book before dismissal

Often, those responsible for storing work records in an organization are faced with the following problem. The employee asks to hand over the original work book, citing, for example, the need to present it to the territorial division of the Russian Pension Fund and to the internal affairs bodies in order to obtain a foreign passport. Letter of the Pension Fund of Russia dated December 29, 2005 No. 25-19/14554 “On provision of the original work book” provides the following explanations. When submitting documents for registration of a pension to the Pension Fund, it is indeed necessary to submit either the original work record book or its copy certified by a notary. You can also submit an uncertified copy of the work book along with the original - then the fund employees themselves will certify the copy of the work book. It is clear that not every employee will want to pay for notarization of a work record book, and not every employer will agree to bear these costs and generally contact notaries on such issues. Taking into account the above, officials responsible for maintaining work books in the company prefer to take a receipt from the employee and/or make a special note in the book for recording the movement of work books and inserts in them, signed by the employee, stating that he received the original work book for the purpose of presenting to the territorial division of the Russian Pension Fund and subsequently the employee undertakes to return it. However, Rostrud, in letter No. 656-6-0 dated March 18, 2008, clearly places responsibility for the loss of a work book in any case on the official of the organization who is entrusted with maintaining, storing and recording work books. Therefore, a more reliable way is to submit the original employee’s work record book to the territorial division of the Russian Pension Fund directly by the person responsible for the safety of work records in the company. Although this is associated with additional labor and time costs, nevertheless, one should not forget that neither the Rules nor the Instructions provide for the possibility of an employee receiving an original work record book, except upon dismissal from the organization. And in cases where there is a need to confirm work experience, the employer, in accordance with clause 7 of the Rules, is obliged, upon a written application from the employee, no later than three working days from the date of its submission, to give the employee a copy of the work book or an extract from the work book certified in the prescribed manner. As for the transfer of the original work book for the purpose of registration and issuance of a foreign passport, the following should be noted. In accordance with clause 37 of the Administrative Regulations of the Federal Migration Service for the provision of public services for the registration and issuance of passports of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation outside the territory of the Russian Federation, and for the performance of the state function of registering them (approved by order of the Federal Migration Service of the Russian Federation dated 03.02 .2010 No. 16) information about labor activity indicated in the application for a passport (Appendix No. 1 to the specified Administrative Regulations), annex to the application, is certified by the heads of organizations or their personnel departments (bodies) at the main place of work (service, study) of the applicant . When submitting an application at the place of residence that is not certified at the main place of work (service, study), the applicant provides an extract from the work book about labor activity for the last 10 years. In this case, in the application, the employee authorized to accept documents writes: “Information on work activity has been verified with the extract.” Consequently, the person responsible for maintaining work books has the full right to refuse to provide an employee with an original work book for the specified purposes, however, he should carry out a number of other actions indicated above. If the original work book was nevertheless handed over to the work and as a result was lost, then you will also have to draw up a duplicate of the work book.

Source: www.delo-press.ru/magazines/documents/issue/2010/8/

When is it possible to issue a work book in person?

The legislation mentions 2 “legal” cases of issuing a work book to an employee:

• Return of the book to the person resigning on the last day of work (Article 84.1 of the Labor Code of the Russian Federation). The main working document is issued along with other mandatory papers and certificates on the same day when the settlement with the employee is made.

Is it possible to send a work book by mail? Read this article.

And about what happens if the book is not given to the employee, find out from the material “They did not issue the work permit to the dismissed employee on time - will you have to pay?”

• At the request of the employee for the issuance of a work book in person (Article 62 of the Labor Code of the Russian Federation), if the original is required to be presented to the compulsory social insurance authority (usually for registration of an old-age insurance pension). To apply for a pension, the employee needs the original work book. This is the main document that confirms the period of work under an employment contract (clause 11 of the Rules approved by Decree of the Government of the Russian Federation dated October 2, 2014 No. 1015). The HR officer is obliged to issue a work permit within 3 working days from the date of receipt of a free-form request from the employee. The same 3 days are given for returning the book to the employer - they are counted from the date on which the Pension Fund returns it to the employee.

Neither the Labor Code of the Russian Federation nor any other legal acts mention other cases of issuing a work book.

Personnel document flow is undergoing serious changes. This publication will tell you whether electronic labor will be introduced in the near future.

Innovations

Starting next year, the employer is obliged, no later than three working days from the date of filing the relevant application, to issue the employee a work book for the purpose of his compulsory social insurance (security). This is what pp. says. "b" clause 1 art. 18 of the Federal Law of July 21, 2014 N 216-FZ “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation in connection with the adoption of the federal laws “On insurance pensions” and “On funded pensions” pensions" (hereinafter referred to as Law No. 216-FZ).

What are we talking about here? For example, about the assignment and recalculation of pensions. The employee draws up an application for the issuance of a work book in his own hand in any form.

We advise you to take a receipt from the employee indicating that he has received the work book.

We also note that the employee must, no later than three working days from the date of receipt of the work book from the body that carries out compulsory social insurance (security), return it to the employer (clause “c” of paragraph 1 of Article 18 of Law No. 216-FZ).

What happens if you hand over a work book based on an application?

The employee really needs the original work book, but he is not resigning and does not intend to apply for a pension. Should we meet him halfway? There is no clear answer in the legislation. This means that there is neither permission nor direct prohibitions on the issuance of a work book at the request of an employee in situations not listed in Art. 62, 84.1 Labor Code of the Russian Federation.

However, it is worth clearly understanding: if you give a work book to an employee, it will not be he who is responsible for its safety, but the one who is authorized by order to maintain and store work books (clause 45 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, letter from Rostrud dated 03/18/2008 No. 656-6-0). Even if the HR department has a receipt from the employee. In other words, issuing a work permit, especially in cases not prescribed in the Labor Code of the Russian Federation, is a risk.

If you need to appoint someone responsible for maintaining work records, use the sample order from ConsultantPlus. Trial access to the legal system is free.

Read about the employer's liability for the loss of a work book here.

Current rules

The work book is the main document about the employee’s work activity and length of service. This follows from clause 2 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules).

Most often, the need for a work book arises when an employee applies to the Pension Fund of the Russian Federation for assignment or recalculation of a pension.

Rostrud in Letter dated March 18, 2008 N 656-6-0 (hereinafter referred to as Letter N 656-6-0) noted that the legislation does not contain a prohibition on issuing an original work book to an employee at his request during the period of validity of the employment contract.

At the same time, it should be borne in mind that responsibility for storing work books and inserts in them rests with the employer. As a rule, the employer, by order, appoints a specially authorized person for this purpose (clause 45 of the Rules). Thus, responsibility for the loss of a work book in the event that an employee is given a work book under his personal signature for a short period of time will be borne by the specified official and the employing organization.

Moreover, administrative liability has been established for violation of the rules for storing work records (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

— employer officials may be fined in the amount of 1,000 to 5,000 rubles;

- individual entrepreneurs - for a similar amount or they may be subject to administrative suspension of activities for up to 90 days;

- legal entities will be subject to a fine of 30,000 - 50,000 rubles. or administrative suspension of activities for up to 90 days.

Moreover, if an official is “caught” in the same violation again, then he can be disqualified for a period of one to three years (Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The employer is obliged to give the employee his work book only on the day of dismissal (the last day of work) with a note of dismissal included in it (clause 35 of the Rules). Thus, the responsibility for the loss of a work book issued to an employee with a personal signature will be borne by the specified official (Letter N 656-6-0).

Let us note that in confirmation of length of service, both the employee’s work record book and its notarized copy can be submitted to the territorial bodies of the Pension Fund of the Russian Federation (Letter of the Pension Fund of the Russian Federation dated December 29, 2005 N 25-19/14554). At the same time, the work book is the main, but not the only document confirming work experience (Letter N 656-6-0).

An application for issuing a work permit has been received - how to issue a book?

The legislation does not explain how to document the temporary issuance of work books, including for the case permitted by Art. 62 of the Labor Code of the Russian Federation (for presentation to the social insurance authority). In order to justify the legality of temporary issuance, we recommend obtaining a supporting document from the employee. For example, a receipt drawn up in free form.

The wording could be like this:

Insert the received receipt into the workbook movement book.

Is there a mistake in the book? This is what the Ministry of Labor advises in this case.

In order not to “hoard” receipts, you can create a separate journal in which cases of temporary issuance of work books will be recorded: the employee will sign in it upon receipt of the book, and the personnel officer will sign when it is returned.

IMPORTANT! When handing over the labor document, keep a copy for yourself. If an employee loses the original, it will be much easier to collect paperwork to obtain a duplicate. And if you decide to issue books in cases not provided for by law, be sure to write down the return deadlines in local documents.

Read more about this and other issues related to the rules for maintaining and recording work books in our special section. You will find the latest news, detailed instructions, explanations from officials and advice from experienced experts.

Compilation rules

If a work book is issued to an employee against signature, it is recommended to adhere to the following rules. First of all, you need to make copies of every page of the document. You should also obtain confirmation from the employee that the employer has fulfilled its obligation and delivered the requested papers to him at his request.

In order for the receipt certificate to be complete, the employee must write the following information on it:

• Date of preparation;
• text that necessarily contains the details of the document requested for issuance;
• the reason why the employee is asking for the form;
• the period during which he undertakes to return it (three days);
• recipient's signature and decryption of the signature.

Receipt for receipt of work book for registration of pension

The book is issued for a certain period, which is negotiated with a member of the HR department. Upon completion of work with the document, it must be returned to the HR department of the enterprise within three days. After this, the receipt is canceled and transferred for storage; additionally, confirmation of the return of the original to the organization is drawn up.

Results

Electronic work books have been introduced since 2021.
Employees have the right to choose the document format: electronic or paper only. In the first case, make a corresponding entry in the paper work record and give it to the employee. From this time on, you are no longer responsible for its maintenance and storage. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Can they refuse to provide a pension if you bring a work book to the Pension Fund of the Russian Federation?

You will be surprised, but even if you have a work record book, it is not so easy to prove your right to payment of an insurance pension. Even if you bought this document many years ago, and throughout your working life you carefully monitored its condition and required information to be included inside, various hiccups may occur.

So, for example, the Pension Fund of our country may give you an official refusal to issue financial support payments if it finds in your work book:

• erroneous information;
• typo;
• lack of information.

In this case, nothing can be done; you will have to take the incorrectly filled out document and go to court with it, file an application, and challenge the verdict of the Pension Fund of the Russian Federation .

Let's sum it up

Registration of an insurance pension is possible directly without using a work book

It is possible to apply for an insurance pension without a work book, however, only if it has been lost irretrievably and you cannot collect information to restore it. In this case, you will have to provide the Pension Fund with other documents that will prove that you worked for specific organizations at a certain time. However, it is worth remembering that if you do not collect all the papers reflecting information about your work experience at one time or another in your life, when applying for a Pension, the missing periods will simply not be taken into account according to your words. Remember that it is better to do everything you can and confirm your experience than to lose a significant part of your pension financial support. Look for papers, witnesses, data in a different format, but restore your right to the full amount of old-age benefits. We are confident that you will succeed.

How to fire an employee from work due to retirement?

An employer does not have the right to fire an employee simply because he has retired. Clause 3 of Article No. 77 of the Labor Code of the Russian Federation states that a pensioner can work until he wishes to resign. However, according to Article 81 of the Labor Code of the Russian Federation, when a pensioner is dismissed without his consent at the initiative of the employer, the elderly person is provided with some guarantees.

For example, severance pay and the average monthly salary valid for 2 months. When a pensioner decides to resign of his own free will, he writes a statement.

The statement states:

• position and full name employer;
• your position and full name;
• a request to dismiss with a dismissal date;
• date of application and signature.

With all this, a pensioner, in accordance with Article 80 of the Labor Code of the Russian Federation, can resign at will without two weeks of service.