Why do you need a work book?
According to Art. 66 of the Labor Code of the Russian Federation, it is assigned the following functions:
- it reflects information about a person’s length of service and experience from the moment of his first employment until retirement;
- allows you to find out why a person left his previous job;
- contains information about the availability of awards for conscientious work
Only a HR specialist can make entries in it. The title page is completed in the presence of the owner of the document. To confirm the correctness of the entered data, he puts his signature.
So, to get this document, you need to get a job.
Where is it stored?
The method of storing a paper document on work experience depends on which option for maintaining a work record book is chosen by the employee:
- independently, if the application contains a method for generating only an electronic document. All responsibility for storage then lies with the citizen himself. The paper work book does not lose its relevance when confirming the work path until 2021. Records will be generated in the ETC starting in 2021;
- from the employer in accordance with the rules for maintaining and storing work books, if the employee has chosen to duplicate records in paper form. In this case, nothing changes, the book is in the custody of the employer and the entries are simultaneously entered into both the ETC and the paper version.
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At what age can you get a job?
According to Art. 63 of the Labor Code of the Russian Federation, an employee can be hired by an enterprise from the age of 18, but some positions are allowed to accept minor employees from the age of 14. This requires written permission from the teenager’s parents and guardianship authorities.
The text of the permit may read like this: “The guardianship and trusteeship authority agrees to conclude an employment contract between (full name of a minor citizen, date of birth, passport data) to perform duties (position, name of employer is indicated) in free time from the educational process for no more than 2.5 hours a day and no more than 12 hours a week.” Read more in the article “Concluding a contract with a minor.”
In any case, a form must be created for the employee.
To receive it, you need to write an application to issue a work book for the first time, sample: “In connection with the conclusion of an employment contract for the first time, in accordance with Part 4 of Article 65 of the Labor Code of the Russian Federation, I ask you to issue me a work book.”
Forms and samples of notifications and applications
The forms of notification and statements are not established . Each employer must approve them independently.
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We offer possible forms for applications from employees and notifications about the transition to electronic (digital) work books in 2021:
- Form 2021 notification of the transition to electronic work books: forms Sample 2021 of filling out an employee’s notification of the transition to electronic work books in 2021:
Expert opinion
Davydov Alexander Yurievich
Civil law consultant with 20 years of practice. Author of numerous articles on legal topics
To notify each employee in writing about the transition to electronic work books no later than October 31, 2021 , you can use the following notification:
- Form 2021 for an employee’s application to maintain a paper work book: forms Sample 2021 for an employee to fill out an application to maintain a paper work book: download an example
If an employee wants to continue to keep a paper work record book, he submits the following application:
- Form 2021 application for transition to an electronic work book: forms
- Sample 2021 for an employee to fill out an application to switch to an electronic work book: download example
To start generating information about work activities in electronic form and abandon the paper work book, you need to receive a special application from the employee about switching to digital. Here's a possible example:
ConsultantPlus has detailed step-by-step instructions on how an employer can prepare for the transition to electronic work books in 2021. Free 2 days when registering access to the K+ system.
Employees must submit applications by December 31, 2021. However, according to the law, you can submit an application after 2021 (Article 2 of Law No. 439-FZ dated December 16, 2019).
Where are the rules for registering labor?
You can learn how to correctly draw up a work book from the legislative acts of the Russian Federation regulating this issue. Let's list them:
- Art. 66 Labor Code of the Russian Federation;
— Decree of the Government of the Russian Federation dated April 16, 2003. No. 225 “On work books”;
— Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 “On approval of the Instructions for filling out work books.”
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.
What documents are needed to complete the form?
For initial registration, the following documents must be submitted to the HR department of the enterprise:
— passport or birth certificate;
— a diploma of education or a certificate from an educational institution, if the person is a student.
This data is indicated on the title page of the document.
How to apply for a work book for the first time, sample
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.
What information is included on the title page?
The title page contains the following information:
- FULL NAME;
- Date of Birth;
- education;
- speciality;
- Date of completion.
At the bottom of the title page is the company's seal and the signature of the HR department employee. As a sign of familiarization with the records, the employee also puts his signature in the space provided for this. On the next page, according to the rules for filling out forms, an entry is made confirming the fact of employment.
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.
In what order are entries about work entered into the document?
The correct execution of a work book looks like this: the first column contains the entry number in order, the second - the date. The following is information about acceptance to a specific position. The fourth column records the reasons for making the entry. For example, an order for employment.
It is a strict reporting form, therefore, after filling out, it is registered in the labor book movement journal. It indicates the number and series of the document and information about the employee. The form is kept in the HR department until the employee is dismissed.
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.
Deadline for making entries
As the Labor Code states (Article 66), it is mandatory to create a book or make entries in existing ones if the employee has worked in the company for more than five days, and this is his main job.
This comes into slight contradiction with Government Decree No. 225 “On work books”, paragraph 8 of the second section of which states that it is necessary to create a work record no later than after a week of work - that is, it allows you not to issue it a day longer. It is unlikely that any fines are possible for such a minor violation of Article 66 of the Labor Code, that is, if the employer slightly missed the deadline, but it is still better to focus on a shorter time period.
Where and how to buy the form?
The Labor Code of the Russian Federation, as well as the Instructions for filling out work books, approved by the Ministry of Labor of the Russian Federation, contains an indication that this document, during its initial registration, when it comes to the first employment, is issued by the employer from its own reserves or purchased for provision to the employee.
If for some reason the employer does not have work books in reserve, the employee can purchase the form at his own expense, but then write an application for reimbursement of costs , providing the employer with sales and cash receipts for the purchase of this document form.
If the form was damaged the first time it was filled out, even if it was purchased by the employee, it is the employer who is required to issue a new one as a replacement.
The cost of this document varies depending on the region and ranges from 180 to 250 rubles. In this case, you should purchase only those forms that are produced by Goznak and have the appropriate degrees of protection.
Otherwise, the employer may not accept this document for use and completion.
Filling out the labor
An employee authorized by the management of the enterprise to maintain labor records must complete this document for a new employee within the period established by law. If this is his first job at this enterprise, then the HR officer will first need to fill out a cover sheet for the work. As noted above, data entry is carried out on the basis of the documents provided.
After completing the first page, the new employee must be familiarized with it and sign on the title page. After this, the HR department employee proceeds to enter data on the implementation of labor activities.
First, information about obtaining education and military service is entered. After this, a record is made of the conclusion of an employment contract with this enterprise:
- The first column indicates the serial number of the entry;
- In the second - the date of hiring and actual start of work;
- The third column indicates the name of the enterprise and the position for which the employee was hired in accordance with the employment contract;
- In the fourth column, details of documents regulating employment are entered, indicating their date and number.
If an employee is hired to work in a specific department of the company and he is clearly indicated in the employment contract, then this should also be indicated in the third column.
This completes the procedure for registering a book for the employment of a new employee. Further in the process of work, information can be entered into it about transfer to another position, assignment of a title or rank, issuance of gratitude and termination of employment relations.
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.
Registration procedure
When an organization employs an employee without work experience and, accordingly, without a formalized employment record, the personnel officer or entrepreneur will need to not only purchase it, but also fill it out independently from scratch.
The first page of the book is the title page. It contains information about the owner of the document:
- His full name;
- Date of Birth;
- Specialty and education.
At the end of the work report, the date of its completion, the signature of the owner, the seal of the organization that issued the document and the signature of the person responsible for filling it out are placed. The company's seal can be replaced with a similar mark from the human resources department, if the company has one. It must be remembered that all data entered into the book must be based on official documents submitted by the employee.
In practice, there are often situations when employees, out of ignorance, independently fill out the title page of the work report or are obliged to perform this action by the management of the enterprise. This is a direct violation of current legislation, since only the employer must formalize the employment certificate.
After filling out the document, it is stored at the enterprise. The personnel officer or other authorized person is responsible for accounting and maintaining books. If the employer is an individual entrepreneur, then these responsibilities are assigned to him.
