When may you need to obtain a work book?
A work book is an important document confirming a person’s work activity
. According to the Labor Code, a work book is needed when calculating length of service when applying for a pension. Therefore, almost all employees have it. The exception is citizens working for a private owner without an official device.
In addition to the original document, a copy of it is often used. It may also be necessary in different situations. Most often for:
- Devices for another job. The owner of the book has the right to take the document from the personnel department and make a copy of it, returning it again. At the same time, the law does not require an explanation of the reason on the part of the employee. A citizen does not have the opportunity to simultaneously work two jobs and at the same time be officially employed in them. A copy of the document is often required to ensure that the second employer is convinced that there are no dismissals due to drunkenness, theft or other illegal actions of the Pension Fund. Using the provided copy of the document, the insurance period is calculated, which directly affects the amount of the pension.
- Restoring the original document. Having a photocopy of a document in the possession of a citizen makes it possible to restore the original document.
- Applying for a loan from a bank. It is necessary to confirm the fact of solvency. Those who are currently officially employed have a higher chance of getting a loan. Its size also directly depends on the position and salary. obtaining a visa. Providing a document here is also required to confirm the citizen’s solvency. Also, previously a copy was required when applying for a foreign passport. At the moment, this document has been removed from the list of required ones.
Prospects for using work books
The state is gradually expanding the opportunities for employees to confirm their work experience, making work books no longer the value they were 25 years ago. However, this document has not completely gone out of circulation and employers are subject to legal requirements regarding the maintenance of work records.
In addition, there is a certain category of employers who like to look at the work record book, and not at the resume, believing that anything can be written in the latter. On the one hand, this is even true: the resume is confirmed only by the signature of the author, and the work book bears the seal of the enterprise, which means there is a high level of responsibility. On the other hand, the fact that an employee has worked in a position for a certain amount of time does not indicate a high level of his abilities.
With the development of electronic document management, the importance of work records is becoming less and less. True, a loophole has appeared for punitive authorities in the form of a discrepancy between the work book data and the records of the Social Insurance Fund and the Pension Fund: there is a reason to conduct an audit, as a result of which both the employee and the employer may suffer financially. In addition, electronic document management is too big an innovation for the country to take root immediately. Many simply deny the electronic document as such, and the state has not yet approved a regulatory framework prohibiting not accepting them.
In any case, an error when making an entry in the work book has ceased to be a tragedy, as it was before. If an error in the recording affects any circumstances, it will be insignificant - you will just have to correct it, perhaps by correcting other documents. However, the latter may also become a relic of the past very soon, because bills to abolish work books appear regularly.
Main methods of obtaining
You can obtain a work book in three ways:
- This document is issued at the first job where the citizen was officially employed. This option is the most common. But if the employer for some reason refuses to do this, the citizen should seek help from the court. After graduating from an educational institution, usually an institute or university, a work book is also issued along with the graduation diploma. But this option is not very common, so not all higher education institutions do this.
- You can also purchase a work book yourself. They can often be easily found in office supply stores. But before purchasing, you should pay attention to the authenticity of the future document. There should be a coat of arms, a characteristic luminous inscription and a seam. According to the law, in this case, the employer cannot require the purchase of a new document, but can only issue a form from licensed suppliers.
Self-purchase is possible if you need to get rid of unwanted records made by your previous employer.
In what cases can the work book of the individual entrepreneur himself be filled out?
At the same time, Russian law does not prohibit private businessmen from combining business and work activities, which means that the individual entrepreneur himself can be an employee in another organization, with the exception of the public service sector.
In this case, he will be a party whose legal relations are regulated precisely by labor legislation without taking into account his business activities: such an employee is entitled to a salary, vacation, sick leave, as well as a work book, where a record of being in a hired position in one or another must be entered. another company.
How to get a job for the first time?
To receive a document for the first time, you can use the options described above. But in order for it to be valid, it is necessary to provide additional documents and fill out the necessary paperwork. This process also requires a specific algorithm, which will be described below.
Where to apply
The document is drawn up at the place of new work. Basically, their establishment and filling is carried out by the HR department employee. Sometimes this role is played by the leader himself.
The first place of work requires the presence of a new and blank form, which is filled out according to certain rules. If this is not the first job, the employee comes to the employer with a work book from his previous place of work.
Even if the employee had a submitted document, the law does not prohibit him from not providing it, replacing it with a new one. This happens if a citizen is not satisfied with his previous place of work. In turn, the employer is not obliged to check the accuracy of what is said and the existence of a previous employment record.
Despite the fact that an employee can independently purchase a work permit, it is better to prefer the option of preparing the document at work. Moreover, there is no specific law that would require you to do this yourself.
What documents are needed
In order to register a work book, you must have a passport with a diploma that confirms the person’s competence in the job for which he is applying. If this place of work does not require special skills and there is no need to have appropriate education, it is not necessary to provide it.
Men who served in the army, as well as former military personnel, should take their military ID with them. If a citizen has been in prison, it is worth having a certificate of release with you.
Registration process
In order to receive the long-awaited document, you should contact your employer or the HR department directly. Take the list of documents listed above with you and give them along with a new book, if you purchased one. If it is not there, the employer is obliged to provide it. The cost of the books will then be deducted from the salary of the future employee.
Before this, the employer is obliged to issue an order to hire a citizen. The deadline for completing the document varies depending on the situation. If we are talking about hiring, the appropriate notes are placed no later than a week later. If this is a dismissal, the mark is placed on the same day when the employee wrote his letter of resignation.
It is worth noting that the entry in the book must fully comply with the text of the order that was issued earlier. Each entry must be reviewed by the owner of the work and confirmed with a personal signature.
The details of the attached documents must be recorded in the book. If the citizen was previously a military serviceman, it is worth writing this down before a note is made about starting work in a new place.
How to fill it out correctly?
The document is filled out by an employee of the HR department. There is nothing complicated in this process, since the labor document contains a minimum of information. Each line indicates exactly what needs to be filled out.
The first name with last name and patronymic must be written down exactly as in the passport. The date of birth must also match. There should not be a single mistake, the handwriting should be legible, and a signature should be placed at the end.
As for making other entries, the citizen does not have the authority to do so. Everything regarding the place of work, deadline, and making additional notes is done by the HR department employee.
It is also important to make entries in documents in the state language. Notes are made in pen. All marks are made by hand, use typewriters and printers. There are no special restrictions regarding color. The filling employee should choose one of three options: blue, purple or black.
Electronic work books. Clear instructions on what to do in 2020
The entirety of 2021 will be a period of transition during which employers and employees must prepare for new realities.
On December 16, 2021, a law on maintaining electronic books was adopted (Article 2 of the Federal Law of December 16, 2021 N 439-FZ).
- Select an employee in your team who will be responsible for providing the Pension Fund with information about the work activities of employees and generating documents for them in electronic form.
- Information about the labor activities of employees will be compiled in the Pension Fund database. Check the information system in which the organization's personnel records are maintained. If reports to the Pension Fund of the Russian Federation are generated in these databases, then the names of positions and structural units in them must exactly correspond to employment contracts and employment orders. The names of positions and structural units should not contain Latin letters.
This work must begin in January 2021, since the new SZV-TD report will need to be submitted no later than February 15, 2021. When hiring workers in January 2021, transferring to another job or dismissing, you need to ensure that the job title and/or structural unit with the data specified in the employee’s TD and the employment order, so that incorrect data is not automatically uploaded to the report from the information system.
Check whether the order numbers in the 1C database correspond to the original orders on paper.
