Rules for maintaining a work book in Russia

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Employment book - one of the most important documents involved in the formalization of relations between the employer and the employee. The norms for handling it are determined at the level of federal legal acts. The rules for maintaining a work book are an example of fairly strict legislation. What are their specifics?

General facts about work record keeping

The main legislative source regulating the rules for maintaining work books is the 225th Decree of the Government of Russia, issued on April 16, 2003. It consistently outlines all the nuances regarding the correct handling of this document. Consider the general facts about the maintenance of work books, which are contained in the Resolution.

This legal act establishes that the workbook is the main document reflecting information about the activities and experience of a citizen. The Decree says that employers are required to start work books (as well as continue maintaining existing ones) for each employee who has worked in the organization for more than 5 days (provided that this work is the main one).

It can be noted that there are enoughin rare cases, when the employer is an individual, the workbook does not start - this is prohibited by law.

Key information that is reflected in the workbook: personal data about the employee, the nature of the work performed by him, information about transitions between different employers, facts about awards for various achievements. Any disciplinary action is not included in the document, unless it is a dismissal.

Employment books are filled in Russian, and in the national Russian republics it is possible to use local languages that have the status of the state.

Book design

We can start to explore the rules for maintaining a work book from points reflecting the features of filling out a document. Here are the most important facts about this process:

- if the employee is hired for the first time, then the employing company must issue a work book for him within a week after the person begins his career;

- information about the employee is entered into the document in question on the basis of a passport or other legally recognized source of identification;

- data on the education received by the employee, as well as on his speci alties, professions are taken from diplomas and other documents confirming qualifications;

As soon as the workbook is issued, the employer undertakes to properly maintain it. But in fact, all that a company can do with a work book is to make entries in it and make adjustments. Therefore, it is extremely important to know how to correctly enter into the appropriaterecord document.

Entries

The rules for maintaining a work book assume that all entries in it (for example, regarding transfers, facts about qualifications, dismissals, awards, etc.) are made on the basis of an order that must be signed by a competent person from the management of the company- employer. Entering information into the workbook should be carried out without the use of abbreviations. Entries must be followed by a serial number. Whenever the personnel department of the company corrects the employee's work book, she must notify him of the changes against signature.

If information about dismissal is to be entered into the document, then the wording must fully comply with those provided for in the Labor Code of the Russian Federation and other federal laws. If the employment contract is terminated in accordance with Article 77 of the Labor Code of the Russian Federation, then in the workbook it is necessary to refer to the necessary paragraph from its 1st part. If a person is dismissed on the basis of the provisions of Article 81 of the Labor Code of the Russian Federation, then the document must also reflect the wording provided by law. If the employment contract is terminated due to circumstances beyond the control of the employer and employee, then the reference should be to the provisions of Article 83 of the Labor Code of the Russian Federation.

If the employee wishes, then the workbook can record information related to part-time work (including dismissal from it). But for this, the employee must provide the personnel service with a document that confirms his employment relationship with another employer.

Includingother popular records that provide for the rules for maintaining a work book - information about military service (as well as work in internal affairs bodies and other state and law enforcement agencies). Also, information reflecting the fact that employees have completed advanced training courses can be entered in the document.

In the workbook, as we noted above, information about the employee's awards is recorded due to his labor achievements. This may be information about state awards, honorary titles, presentation of diplomas, badges, diplomas and other types of incentives that are provided for by the laws of the Russian Federation and local legal acts of employers.

Changes and fixes

The rules for maintaining a work book also allow for changes and corrections to this document. How should they be produced? If we are talking about changing the full name, date of birth, information about education, then the actions of the personnel service must be confirmed by documents related to the updated facts.

If it so happens that the personnel officer made a mistake when making an entry in the workbook, then this can be corrected. At the same time, the personnel department can also make an appropriate adjustment at the new job, if it has a supporting document from the previous employer.

If we are talking about corrections in sections reflecting facts about work or about awards, then incorrect data cannot be crossed out: notes should be made thatthey are invalid, and the correct information is entered next.

A scenario is possible in which an organization that made a mistake in preparing a work book changed its legal status. In this case, adjustments in the document must be made by the company that has become the successor of the company. When the organization is liquidated, the new employer makes changes to the workbook. A similar scenario - if the employer is an individual entrepreneur who has liquidated his status.

Issuance of a duplicate workbook

Let's consider another important aspect, which includes the rules for maintaining work books. The 225th Decree of the Government of the Russian Federation allows the issuance of their duplicates. There may be several reasons for this procedure. Let's study the key things that contain the rules for maintaining a work book. What should an employee do if, for example, he accidentally lost the relevant document?

First of all, you need to inform your employer about this fact. By law, the company must issue a duplicate workbook in this case within 15 days. When issuing this document, the employer must enter into it information reflecting the length of service (which is documented), as well as information about awards.

It is possible to issue a duplicate instead of a valid work book, which contains an invalid record of dismissal or the fact of transfer to another job. In this case, the new version of the document will contain all the necessary data, except for incorrect ones.

The rules for maintaining, storing work books suggest that the employer must provide themintegrity, prevent damage, must not lose the relevant documents. But it happens that, for various reasons, the company still violates one of these rules. For example, due to an emergency. If it so happened that work books were lost en masse by the employer, then the length of service of employees recorded in them is established by a special commission. It consists of competent representatives of employer companies, various trade union organizations and other authorized structures.

The commission examines the documents that the employee has - certificates or, for example, those related to the activities of the trade union - tickets, registration cards, pay books. If the employee does not have relevant sources available, then the facts that he worked in such and such a company can be confirmed on the basis of the testimony of two or more people who were once colleagues for a person. After the work of the commission, duplicate documents, drawn up in the prescribed manner, are issued to employees. It is also possible to involve the courts in the process of establishing the length of service.

Issuance of a book upon dismissal

There are several regulations that somehow correlate with the Resolution, which establishes the rules for maintaining a work book. According to the Labor Code of the Russian Federation, in particular, the employer is obliged to give the employee the appropriate document in his hands after dismissal. How does this work in practice?

In the process of dismissal, the entries that the employer's personnel department made in the employee's workbook shouldbe duly certified. Also, the employee himself must put his signature. If the information in the workbook was entered not only in Russian, then the wording is also certified in another language.

Design inserts

A duly executed insert may also be attached to the work book. It has unique identifiers - a series and a number. It is used if all or related to any of the sections of the page are filled in the workbook, as a result of which there is nowhere to enter new information.

The insert is maintained according to the same rules as the work book, and without this document it is invalid. Whenever the personnel department issues an insert, it is necessary to put a stamp reflecting this fact in the workbook.

Storage of books

The 225th Resolution reflects not only the basic rules for maintaining a work book. How to store these documents, as well as keep records of them, is also described there. It can be noted that the employer must conduct the appropriate procedures not only with respect to valid work books and inserts, but also forms.

To ensure the correct accounting of documents, the company must have several documents:

- income and expense book, which records information on the forms of work books and inserts;

- book of accounting for the movement of documents.

The forms of the relevant documents are determined in the regulations issued by the executive authorities of the Russian Federation. Regarding the income and expense book - init should record information about all procedures reflecting the receipt or consumption of the forms in question. It is necessary, when accounting, to indicate the series and number of each document. In the book of accounting for the movement of books and the inserts attached to them, it is necessary to register documents that are accepted from employees entering work, as well as work books and inserts supplementing them. Upon dismissal, an employee of the company signs both books.

Forms of workbooks and inserts are subject to storage as documents of strict accountability. They are issued only to competent employees of the company upon request. A specialist of the appropriate profile must submit to his accounting department a report on how things are with the number of forms, on the amounts of money received for work books and inserts.

Aspects of production and acquisition of work books

The workbook is the most important document, and therefore it is produced in the manner approved at the level of official authorities. Forms of work books, as well as inserts, have the appropriate security features. The employing company must itself acquire the types of documents in question, but, at the same time, has the right to incur compensation for the corresponding costs from the employees.

Workbooks in Russia: evolution of legislation

The most interesting facts reflect the evolution of legislation that establishes the rules for maintaining work books. Russia is a state with frequently changing laws in many areas. According to many lawyers, the scope of labor law and related industries -a prime example of this.

First of all, we note that the rules for maintaining a work book before 2003 and those established now were regulated by fundamentally different regulations. Despite the fact that by 2003 the modern Russian statehood had fully taken place, Soviet laws were in force in the sphere of regulating the circulation of work books. So, the procedure for filling out the relevant documents was regulated by Decree No. 656 of 1973-06-09, issued by the Council of Ministers of the USSR, as well as the All-Union Central Council of Trade Unions jointly - “On work books for workers and employees”. In accordance with this source of law, an Instruction was also issued, according to which the accounting of work books at Soviet enterprises was to be carried out. This document was approved, in turn, by the Decree of the USSR State Committee for Labor. One of the most accessible resources with which you can find the Soviet rules for maintaining a work book for reference is "Consultant". But this document is also found in other legal reference systems.

What interesting facts do the Soviet rules for maintaining work books contain? Has Russia changed them a lot? In principle, many of the provisions of the legal act issued in the USSR were similar to those that we observe in modern legislation. So, for example, one of the provisions of the Soviet document says that employees should get acquainted with the facts of making any changes to the workbook or an insert in it. Approximately the same wording, as we noted above, contains the rules for maintaining work books 2014year.

Also among the norms that are similar to modern ones is the provision that with each entry in the workbook reflecting the fact of hiring a person, dismissal or transfer to another place of performance of labor duties, the personnel department must familiarize the employee under painting.

At the same time, at the level of the provisions we have indicated, there are also significant differences between the Soviet and Russian approaches to maintaining work books. So, for example, in the legal acts issued in the USSR, it was said that the employee must sign, certifying those other adjustments to the document, in special forms. While the 2014 rules for maintaining work books allow that a person can also sign in the work book itself.

Differences in versions

Another important historical aspect that reflects the specifics of Russian workbooks is that they are issued in different series. Now there are 5 of them. The very first series came out the following year after new rules for maintaining Russian-style work books were introduced, replacing Soviet norms. The series received the TK index. In comparison with previous versions of workbooks, the form has slightly decreased, changed color.

TK series is characterized by several degrees of protection. So, for example, on all pages of workbooks there is the phrase “Workbook” visible in ultraviolet rays, as well as watermarks in the form of the abbreviation TK. Sheets of documents of the new series are sewn using the Bicolor thread, which consists of two colors.

As we noted above, since 20045 series of work books were published. In 2004-2005 - TK, in 2006 - 2007 another series was used - TK - I, from 2008 to June 2010 - the next, TK - II, then - TK - III, which operated until 2012. In 2013, the newest series of workbooks - TK - IV.

What practical significance does this have? The fact is that the belonging of a workbook to a particular series can affect, for example, the determination of its authenticity. If a document of the 2012 series contains data, even if all the rules for maintaining a work book, 2010, are followed, then it will be invalid. Perhaps the employer simply could not trace the year of issue of the book to the moment when it was filled out, but the legislator can interpret this as a forgery of the document. You can also note the fact that employers are required to make sure that work books brought by employees from previous enterprises are genuine - and not only by checking that the information reflected in the document corresponds to the year of issue of its series.