⭐ The employment record is invalid: how to fix it, sample

Responsibility for making entries in the book

Both companies and individual entrepreneurs are required to make entries in the books of their employees. Article 66 of the Labor Code of the Russian Federation states that the book is the key document on the basis of which the work experience of a specialist is recorded. On its basis, other information about the employee is also determined. Features of management are approved by these acts:

The rules established by Government Decree No. 225.
Instructions established by Resolution of the Ministry of Labor No. 69.

Paragraph 4 of Rules No. 225 indicates exactly what data needs to be entered in the book:

Information about the employee: position, specialty.
The work being performed.
Transfer to other positions.
Grounds for dismissal of an employee.
Awards.

A representative of the personnel service cannot either omit information or enter unnecessary data. Article 22 of the Labor Code of the Russian Federation states that the employer must comply with all provisions of the law. That is, when filling out the book, he cannot act at his own discretion.

Procedure for dismissal for absenteeism

The length of absence from the workplace is essential for dismissing an employee for absenteeism.

The positions of the legislator and the judiciary are based on the following circumstances:

Absence from the workplace during the entire working day (shift), regardless of its duration. This circumstance must be documented, that is, if necessary, a memo from the immediate supervisor is drawn up, and an absence from work report is drawn up, which is signed by several employees. If an employee is absent for several days, reports are drawn up every day of absence. These requirements are not mandatory, however, they will help the employer if the employee was absent on one of the days without good reason.
Absence of an employee from the workplace for more than 4 hours in a row without good reason. The key is the employee’s absence from the workplace without good reason for the entire established period, without interruption. That is, recording 4 hours and 1 minute is sufficient for dismissal on this basis.
Leaving the workplace until the expiration of the service period upon dismissal of one's own free will (2 weeks). An employee who intends to resign of his own free will may take a less responsible approach to fulfilling his job duties. Violation of labor discipline and the absence of an employee from the workplace during working hours will also allow the employer to fire him for absenteeism.
Leaving the workplace before the expiration of an employment contract concluded for a certain period, or before the expiration of the warning period for early termination of the employment contract.
Absence of an employee from the workplace due to unauthorized use of days off or vacation . According to the general rules, these days must be previously agreed upon with the employer (order, schedule, etc.). There are circumstances when such approval is not required. For example, those established by Article 186 of the Labor Code of the Russian Federation (for workers donating blood and its components).

Dismissal under an article for absenteeism always begins at the initiative of the employer by requesting a written explanation from the employee about the reasons for absence from the workplace.

The Labor Code does not establish the procedure for requesting such an explanation. The employer can confirm in writing his demand to the employee by drawing up an act requesting explanations from the employee about the reasons for absence from the workplace. This will save the employer from subsequently proving this fact.

Within 2 working days, the employee prepares a written explanation outlining the fact that the reasons for absence from work are valid.

If there are no valid reasons for an employee’s absence from the workplace, the employer has the right to subject him to disciplinary action, including by dismissal under the article for absenteeism.

The deadline for bringing to justice must also be taken into account, which is:

one month from the date of discovery of the offense . This period does not include the period the employee is on sick leave or on vacation, as well as the time required for the employee’s representative body to make a decision.
six months from the date of commission of the offense . And in the case of inspections of financial and economic activities, audits, audits - up to two years from the date of the offense. The specified period also does not include the time of criminal proceedings.

The most common violations when filling out a book

Responsibility for incorrectly filling out the book is imposed on the basis of Article 419 of the Labor Code of the Russian Federation. In order to avoid punishment, you must first check whether existing records comply with the law. Only then should new entries be made.

When filling out, they usually forget to enter this information:

Education.
Position and specialty.
Employee benefits, if any.
A record of termination of an agreement with an employee indicating the current date.
Changing the name of the company or department if this occurred during the employee’s employment.
Serial number of the record.
Date of entry.
Information about the assignment of qualifications.

The employer must check whether the information in the book is entered correctly, since it is he who is responsible for errors. However, the employee is recommended to check the information entered, as it may affect further employment and determination of length of service.

IMPORTANT! The employer may not simply forget to enter some information. He may not record at all that the employee worked for the company. This is a very serious offence. It is fraught for the employee.

Let's look at an example. A person has been working in a company for 5 years. Upon his dismissal, no entry was made in his Labor Code. Because of this, the employee will not be able to prove to the new employer that he held a certain position. In addition, the recorded length of service will be less than the actual one.

ATTENTION! There should be no erasures or strikethroughs in the work book.

Cancellation of data

In some cases , an entry made in the book regarding dismissal may be canceled. Is it possible:

Upon entry into force of a court decision by which the employee is reinstated to his previously held position.
When the employer himself cancels an erroneously made entry (for example, if the work books were simply mixed up, and the dismissal entry was made to the wrong employee).
The employee’s refusal to resign at his own request will be followed by the cancellation of the corresponding entry in the work book. The Labor Code of the Russian Federation allows an employee to refuse to terminate the contract at any time, up to the actual dismissal - however, personnel services often make notes in advance.

Regardless of the reason, the error can be overturned. To do this, under the next serial number indicated in column 1, it is written: “Record No. ... is invalid, reinstated at the previous job.”

The photo below shows an example of a canceled dismissal entry in a work book:

If a dismissal record is mistakenly made in the book and later cancelled, the employee has the right to demand that the employer issue him a duplicate work record. In this case, there should be no error in the duplicate.

What to do if the entry is not made

What to do if the required entry was not registered in a timely manner? We need to bring it in. To do this, simply fill in the missing entry. It is entered after the last entries, if any. This information is indicated:

Serial number.
Date of.
Basic information.
Order number and date of issue.

The record contains current information about hiring and dismissal. What to do if a missing entry is discovered after the employee has started a new job? You must contact the HR department of the employer who did not enter the information. If the previous employer went into liquidation, the missing entry can be made in the personnel department of the new employer.

The procedure for action in case of errors is specified in section 3 of Rules No. 225. However, these are general recommendations. The procedure for working in the absence of a record is not established by the Rules. Therefore, in this case, you should be guided by the standard procedure for correcting errors.

Paragraph 27 of Rule No. 225 states that errors in the book must be corrected by the former employer. But sometimes this is not possible. In this case, the corrected entry can be made by the new employer. But this is done on the basis of documents from the previous place of work.

Paragraph 29 of Rules No. 225 states that entries in the book are made on the basis of documents such as an employment contract, an order from the manager on hiring/dismissal. The entries in the work book and the data in the papers must correspond to each other.

How to make the missing entry in the work book if a dismissal entry has already been made in it?

The other day I was filling out documents for the dismissal of a pastry chef and, as expected, on her last day of work I began to issue a work book. But she didn’t sign and returned it back. She says that until there is an entry in her work book about her being awarded the 3rd category of confectioner, she will not take it! I've been working at a factory recently. And it turned out that the employee was indeed assigned a new rank a year ago, but my predecessor did not make an entry about this in the work book. The situation is complicated by the fact that I have already made a note of dismissal, put a stamp and my signature. Do we really have to cancel all this now and then re-enter it?

The situation is, of course, unpleasant, but this can happen to anyone, even a very experienced personnel officer. Unfortunately, no one is immune from mistakes. Therefore, let’s not waste time worrying, but let’s understand the current situation and correct the mistake so that the employee is satisfied, and you, as the person responsible for maintaining work records, fulfill your duty.

It should be?

First of all, you should remember that when maintaining and filling out work books and inserts in them, as well as duplicates of work books, you should be guided by the Rules for maintaining and storing work books, producing work book forms and providing them to employers (hereinafter referred to as the Rules), approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”, and the Instructions for filling out work books (hereinafter referred to as the Instructions), approved. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

IMPORTANT!

A record of qualifications must be made in the employee’s work book no later than a week.

So, according to clause 3.1 of the Instructions, if an employee was assigned a new rank (class, category, etc.) during the period of work, then an appropriate entry about this must be made in the work book.

Clause 10 of the Rules states that a record of qualifications must be made in the work book on the basis of the relevant order (instruction) of the employer no later than a week and exactly correspond to the text of the order (instruction).

To make an entry about the assignment of a rank, in column 1 of the “Work Information” section of the work book, enter the serial number of the entry being made, in column 2 the date of assignment of the new rank is indicated, in column 3 an entry is made about the assignment of the rank, in column 4 the date and number of the order are indicated ( orders) of the employer.

IT IS FORBIDDEN!

Cross out entries in the work book (except for entries on the title page)

Despite the fact that the procedure for maintaining and filling out work books is regulated in some detail in these regulations, in practice errors often occur. It happens that the employee responsible for maintaining work books, having already recorded his dismissal, putting his signature and the employer’s seal in the work book, finds out that during his work with this employer the necessary record was not made.

The question arises, how to correct the mistake made?

Please note that neither the Rules nor the Instructions define the procedure for making a missing entry. These documents reflect only the procedure for recognizing entries made with errors (incorrect or inaccurate) as invalid, and the procedure for changing the record of an employee’s dismissal (transfer to another job) in the event that the employer’s actions are declared illegal (dismissal (transfer) is declared illegal).

Nevertheless, the missing entry must be included in the work book. At the same time, it is important to prevent new mistakes.

It shouldn't be like this!

A personnel service employee, discovering that he has missed a necessary entry in the work book, must make it. Unfortunately, in practice, new mistakes are often made.

Error 1

The notice of dismissal is invalid. Then an entry is made about assigning the appropriate rank to the employee, and after that, a re-entry is made about the employee’s dismissal, which the HR inspector certifies with his signature and the employer’s seal (example 1).

MORE DETAILS

For information on canceling entries in the work book to make missing entries, see “Electronic Personnel System” “Typical Errors”.

You can get free access for one day by calling: 8 (495) 937-9082

However, this method of correcting a mistake is unacceptable. Please note: only an entry that contains an inaccuracy or error can be invalidated. However, the dismissal record was entered into the work book according to all the rules on a legal basis and without errors. This means that there are no legal grounds for recognizing the dismissal record as invalid (clause 30 of the Rules).

Error 2

The entry on dismissal is crossed out, after which an entry is made about assigning a new rank to the employee and an entry is made again about the dismissal of the employee, which the HR inspector certifies with his signature and the employer’s seal (example 2).

According to clause 30 of the Rules and clause 1.2 of the Instructions, crossing out entries in the work book (except for the title page) is not allowed.

Error 3

Some personnel officers even believe that entering missing entries into work books after a dismissal has been made is, in principle, impossible, since the procedure for action in such situations is not provided for either in the Instructions or in the Rules.

This is, of course, not true. You can and should make a missing entry in your work book even when you have already “closed” all the entries with your signature and seal.

YOU SHOULD KNOW THIS

Responsibility for maintaining, storing, recording and issuing work books lies with a specially authorized person appointed by order (instruction) of the employer (clause 45 of the Rules)

How to fix?

We figured out that the notice of dismissal can neither be canceled nor crossed out. And the mistake must be corrected. Because failure to make the necessary entry, for example, about assigning a qualification category to an employee, is a violation of the rules for maintaining work books.

IMPORTANT!

The seal of the organization and the signatures of the person responsible for maintaining work books and the employee himself certify not only the record of the employee’s dismissal, but all entries made in the work book during the time he worked for the employer

So, an entry about the dismissal has been made in the work book, all entries are certified by the signature of the person responsible for maintaining work books and the seal of the employer. This means that you need to start correcting errors and making the missing entry “from the beginning,” that is, by indicating the name of the organization in the third column of the work book.

To make a missing entry about the assignment of a new rank after a dismissal entry, you must perform the following steps in the “Work Information” section of the work book.

Step 1 Specify the name of the organization

In column 3 of the “Work Information” section of the work book, we indicate as a heading the full name of the organization and, if available, its abbreviated name.

Step 2 Put the serial number and date of entry

Under the heading in column 1 we put the serial number of the entry being made, and in column 2 - the date of making the missing entry.

Step 3 Enter the missing entry

In column 3 we enter the missing entry about the assignment of a new category. Since the procedure and deadlines for making such an entry were violated, here, in column 3, it is necessary to indicate the date of the “missed event.” In column 4 we indicate the date and number of the order (instruction) of the employer.

Step 4 We certify the missing entry with a signature and seal

After making the missing entry, it is necessary, by analogy with making a dismissal entry, to certify it with the signature of the person responsible for maintaining work books, the seal of the organization and the signature of the employee himself (example 3).

Of course, we are accustomed to the fact that a notice of dismissal closes all records of an employee’s work activity, but in life there are situations in which we have to “break” the rules. The main thing is to prevent new mistakes!

EXAMPLE 1

EXAMPLE 2

EXAMPLE 3

Magazine: Everything for the personnel officer, As of: 09.17.2012, Year: 2012, Number: No. 10 Author: Sokolova Oksana Sergeevna

Responsibility for missing an entry

Paragraph 45 of Rules No. 225 states that it is the employer who is responsible for filling out the books. Subparagraph “b” of paragraph 10 of the Regulation on Labor Supervision No. 875 of September 1, 2012 states that if an employer receives a complaint regarding violations in filling out the book, an unscheduled inspection awaits him. The result of control measures may be administrative liability on the basis of Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

In particular, this is either a warning or a fine:

1,000-5,000 rubles for officials and individual entrepreneurs.
30,000-50,000 rubles for legal entities.

If a repeated violation is detected, the fine will be increased.

Unlawful dismissal for absenteeism

There are many examples in judicial practice when a decision to dismiss an employee for absenteeism is considered illegal.

The key points in this matter are the following:

absence of an employee from the workplace without good reason;
the severity and circumstances of the offense committed;
compliance with the dismissal procedure.

The court , when making a decision to recognize the dismissal as illegal, takes into account all the circumstances of the case , gives them a proper assessment, and takes into account the practice of higher courts.

Let's try to analyze the main reasons for making such decisions :

There is no written explanation from the employee and the employer does not have evidence of their proper demand within the established time frame.
If a specific place of work is not assigned to an employee, but the latter was located on the employer’s premises, then dismissal for absenteeism may be considered illegal. An employee’s workplace is usually specified in an employment contract, indicating a specific location (office, office).
Continuous absence from work for more than 4 hours in a row. The key is the time period. If there were less than 4 hours left before the end of working hours and the employee left without a good reason, then this offense should not be followed by dismissal for absenteeism, but by another disciplinary sanction.
The employee was absent for a long time and the employer issued an order to terminate the employment relationship under paragraphs. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. However, it later turned out that the employee was on sick leave or absent for other valid reasons. In this case, it is more advisable to cancel the order. It is possible to terminate an employment relationship with an employee due to incapacity only upon the employee’s personal application.
The employer artificially restricts the employee’s access to the workplace (blocks the electronic pass, changes the lock code, etc.). A competent employee will record such circumstances (telegram, act, etc.) and without much difficulty will be restored by a court decision.

The examples given are not a complete list of circumstances under which the courts cancel an illegal order to dismiss an employee for absenteeism. Almost every business has individual characteristics.

Labor dispute lawyer. Challenge the dismissal. Tel.+7 (812) 989-47-47 Telephone consultation

General rules for registering activities

The duration of work, which is reflected in the work book, is taken into account when applying for employment and applying for a pension. The requirements for accurate registration of labor activity in documents establishing length of service are specified:

rules for maintaining work books, approved by Decree of the Government of the Russian Federation dated May 16, 2003 No. 225;
instructions for filling out labor documents, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

Detected errors and omissions of information about experience are eliminated in accordance with the same requirements. In the “Work Information” section, entries are numbered in the order in which they were made.

It should be borne in mind that correctly entered entries are not canceled, even if there are previously missed lines. If you notice a gap, you can enter information at any time. The mistake is corrected by the employer who made it.

If an entry about dismissal is missing, the work book in some cases can be filled out by another employer on the basis of supporting documents, for example, orders, employment contracts, acts. But this is difficult, so it is the employee who is most interested in fully entering data about his work.

How to correctly fill out a work book upon dismissal

The accuracy and correctness of the dismissal record is extremely important. The entry is valid only if, when written:

the serial number of the record is indicated;
the date of dismissal is indicated in the format “day, month, year”;
The full wording of the dismissal is indicated, which should include:

number of the article under which the employee was dismissed - in digital terms,
legal wording of the dismissal clause,
supplementary part to the main wording - indicated by the employee in the resignation letter (not a mandatory norm);

the details of the manager's order to dismiss the employee are indicated;
the record is certified by the signature of an official (HR employee or directly by the head of the enterprise) and the seal of the enterprise;
no corrections to what was written were allowed.

Each entry in the employment record of dismissal, in the writing of which text errors or blots were made, must have a corrective entry certified in the prescribed manner.

Making changes to the work book after dismissal if an error is discovered

If erroneous information is discovered after termination of the contract, regardless of whether this happened immediately or the citizen has already taken another job, corrections should be made to the document.

This is done as follows:

a new block opens;
number is put;
Date of entry;
in the information it is written “Record No. ... is invalid” and further information is correct;
the Order is entered;
The block is closed with the seal of the enterprise, paintings of the manager and former employee.