Who should sign the work book upon dismissal?

The organization of work on maintaining work books begins with the appointment of someone responsible for this work. In paragraph 45 of the Government of the Russian Federation of April 16, 2003 No. 225, it is clarified that responsibility for organizing the work of maintaining, storing, recording and issuing work books and inserts in them rests with the employer represented by the general director. He must, by order, drawn up in any form, appoint a specially authorized person. At the same time, it is important to indicate in the order who will keep work books in the absence of an authorized person. Some employers resort to the wording that if such a situation arises, an additional responsible person will be appointed by a separate order of the employer. But one order is not enough. Otherwise, such an action will conflict with Art. 4 of the Labor Code of the Russian Federation, prohibiting forced labor.

HR specialists are required to maintain work records in their job description. But often this functionality is entrusted to the chief accountant, office manager - those whose labor functions are not related to maintaining work books. To do this legally, in addition to the order, you must draw up an additional agreement to the employment contract or additionally make changes to the job description.

The second important issue related to work books concerns the acquisition of forms. Often, the employee himself brings the work book form to the employer. However, the employer cannot take such a form. According to clause 44 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225, the employer is obliged to constantly have in stock the required number of work book forms and inserts in it. He can purchase these forms directly from the manufacturer or from official distributors.

The employer is also responsible for keeping track of work books, as well as work book forms and inserts in it. For this purpose, he must keep a receipt and expenditure book for recording the forms of the work book and the inserts in it, and in addition - a book for recording the movement of work books and inserts in them. The most important thing is to entrust the work to those who should do it.

For example, an employer often makes the mistake of delegating the maintenance of the income and expense book to the human resources department rather than the accounting department. But the HR department or the person responsible for maintaining labor books should be responsible for keeping track of all work books and inserts in them in the book of accounting for the movement of work books.

In paragraph 41 of the Government of the Russian Federation of April 16, 2003 No. 225, it is specified that the receipt and expenditure book for recording the forms of the work book and the insert in it and the book for recording the movement of work books and inserts in them must be numbered, laced, certified by the signature of the head of the organization, and also sealed with a wax seal.

Registration of labor: how to make notes

The rules for maintaining work books are prescribed in Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 (Instruction No. 69). In particular, it makes clear that dates should be indicated in Arabic numerals.

In addition, there are certain standards for the use of pen and ink for making notes:

  • You can use a fountain or gel pen, a rollerball pen (including a ballpoint pen);
  • the ink (paste, gel) must be light-resistant, and the color must be black, blue or purple.

Please note that any abbreviations in the entries are not allowed, as there is a warning about in clause 11 of the Rules of Government Decree No. 225. Employers often ask the question: is it possible to use a stamp of the name of the organization to simplify the procedure for making entries in the work book? If we take a literal approach to compliance with the rules, then this approach does not meet the requirements for recording entries in the work book. But, as a rule, state labor inspectorates do not hold employers accountable if the name of the organization is stamped. However, it is important that the stamp is affixed correctly: horizontally, without covering extra columns (in column 3), etc.

Clause 11 of the Rules of Government Decree No. 225 contains a warning that each entry has its own serial number within the corresponding section. And this norm conflicts with the Resolution of the Ministry of Labor No. 69, which states that there is no need to number records when renaming an organization and in the case when you draw up a duplicate, you do not need to number records about the total length of service. What is the right thing to do in this case and what document to rely on?

When contradictions arise in legal acts, then from a legal point of view it is more correct to be guided by the provisions of a higher legal act. In this case, by Government Decree No. 225, which says that numbering is still needed.

What is a work book

A work record book is issued by the employer for each employee at the start of their working career and is maintained throughout their entire life. The work book records each employee’s labor movement, both between employers and within the same company. Upon reaching retirement age, the work book, at least until now, is the mandatory and only document on the basis of which the length of service is calculated to determine the amount of the pension.

The form of the work book, as well as the procedure for registration and storage, were approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225. Instructions for filling out the document were approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69.

A paper document loses its meaning. The main task of a work book is to determine length of service for pension purposes. Information about the place and periods of work is now concentrated in the Pension Fund. Each employer regularly reports on its employees and provides all the information necessary for calculating pensions. The question of the final transition to an electronic analogue of the work book has arisen more than once. It was planned to introduce the e-book from 01/01/2018. Now the dates are 01/01/2019 and 01/01/2020, but there is no final certainty about the timing.

Information about employment in the work book

Entering information about employment has its own characteristics that you need to remember. So, for example, filling out this part of the labor report begins with column 3, where the name of the organization is indicated in accordance with the constituent documents.

In the line below, in column 1, indicate the serial number.

In column 2, enter the date of employment - in accordance with the order of employment.

Opposite the date of hiring, in column 3, the following entry is made according to the template: “Hired to <structural unit> <name of position, profession, specialty indicating qualifications>.” For example, “Hired to the HR department as a personnel officer.”

The structural unit is indicated if it is included in the employment contract.

Column 4 contains the order on the basis of which the employee was hired. When making an entry, it is better to adhere to the following sequence: type of document, date, number. For example, “Order No. 28-k dated December 16, 2008.”

At the stage of filling out information about employment, no records need to be certified with seals.

  • Information about transfers

You should also pay attention to the fact that only permanent transfers are recorded in the work book. No temporary transfers are included in it.

When making a transfer, you should be guided by the following algorithm:

In column 1 (“Record number”) we indicate the serial number.

In column 2 - the date of transfer.

In column 3, we make an entry: “Transferred <where and by whom>”. For example, “Transferred to the legal department as a lawyer.”

In column 4 - indicate the transfer order (type of document, date, number).

  • Record of military service time

A record of the time of military service is also made in the “Employment Information...” section. In this case, column 2 indicates the date the entry was made.

In column 3, the following entry is made: “Service in the Armed Forces of the Russian Federation from 01/01/2017 to 01/01/2018.”

In column 4 we indicate your military ID. For example, “Military ID GT No. 111112.”

In the same way, entries about part-time work are made, but at the request of the employee and if there is a corresponding application from him. In addition, in accordance with clause 21 of Government Decree No. 225, information about the time spent studying in courses and schools for advanced training, retraining and training can be entered into the work book.

General design requirements

First you need to understand where to make an entry in the work book. Also, its maintenance requires attention to detail and strict adherence to the smallest detail of the requirements that have been enshrined in law.

First of all, any sample entry in the work book must be legitimate. The title page should be filled out only with documentary evidence of the information: the new employee must provide a passport and an education document giving the right to occupy a certain position.

If errors are made on the title page, the employee will have to go to court to prove the ownership of the work book. Therefore, the utmost attention is required from the personnel officer.

There are general rules for making entries in the work book:

  • any entries must be made only in black, blue or purple ink with maximum accuracy;
  • records are numbered, the serial number is placed in a specially designated column;
  • When entering any information, abbreviations are unacceptable: it is necessary to enter the words in full: not “item”, but “point”, not “order”, but “order”;
  • dates are entered only in numbers in the format dd.mm.yyyy. For example, the employee’s hiring date will look like “09/25/2018”.

All wording must comply with regulations. They are regulated by rules and special instructions published by the Ministry of Labor in 2003.

Also see “Rules for filling out work books in 2021.”

Record of dismissal

The information about hiring also includes information about dismissal. The general rules on how to do this correctly are formulated in Resolution of the Ministry of Labor No. 69:

  • Column 1 contains the serial number of the entry;
  • Column 2 indicates the date of dismissal (termination of the employment contract);
  • in column 3 a record is made of the reason for dismissal;
  • Column 4 names the document on the basis of which the entry was made - an order (instruction) or other decision of the employer, its date and number.

What are the deadlines for making entries in the work book?

After official hiring, an entry in the work book is made within 5 days .

If an employee is officially employed for the first time, he must purchase a work book and submit it to the employer’s human resources department for completion. The necessary data will be entered into it within 5 days, with the first day of work being the day the employment order is published.

Information about a transfer to another position or transfer to another department must be recorded in the work book within 1 week from the publication of the order.

If an employee resigns, an entry about this must be made in the book on the day of dismissal , after which it is handed over to the employee.

During the period of employment, the employee’s record book is kept in the personnel service of the organization and is not handed out. If an employee needs to confirm the availability of official work - for example, to obtain a loan from a bank - he must write an application to provide a certified copy.

Also see: “Is the employer obligated to give the employee an original work record book to apply for a pension?”

Translation processing

There is another option for dismissal - not at will, but in connection with a transfer to another company.

An employee may resign and transfer to a new place of work if he has received a written invitation from the new employer. As a rule, such invitations are delivered in two ways: they are brought by a courier or sent by mail. The document must include the following information:

  • Full name of the person invited}
  • name of the position he is offered}
  • full name of the inviting company}
  • seal of this enterprise}
  • Full name of the official who is responsible for this invitation.

Also, the invitation often contains information about the proposed salary, future work schedule and other information that the employee needs to know.

After an employee of an enterprise has received an invitation from another company, the procedure for his transfer begins. First, the employee needs to write a request for his transfer, which is drawn up in the name of his current employer. Such a statement indicates such information as the full name of the organization where the employee is moving, the date of termination of the current contract, as well as full name, date of preparation and signature. Upon receipt of such an application, the director of the enterprise must issue an order for the transfer.

After all previous procedures have been completed, the HR specialist makes the necessary entries in the work book. In this case, the entry must be drawn up in accordance with the law and in accordance with all the rules, and not at the request of the employee, who can offer his own wording.

Upon termination of the contract between an employee and his employer, the latter is obliged to pay money for unused vacation by the former employee, which is provided for by the Labor Code. According to the law, today there are no restrictions or exceptions regarding workers who are transferred to a new location.

To properly process the transfer, the HR department employee must receive a set of documents, which includes:

  • passport}
  • employment history}
  • invitation to a new place in writing}
  • order from the employer to terminate the current employment contract}
  • personal card.

As soon as the personnel officer examines the papers provided to him, he must make a new entry in the work book, namely in the third column entitled “Information about work,” about the termination of the current contract between the employer and the resigning employee. Here you must indicate the number of this agreement, the number and date of the dismissal order issued, as well as the reason (in this case, transfer to a new company). An entry in the work book at the employee’s request for transfer to another place of work must also contain the full name of the enterprise to which he is transferring. Moreover, it is necessary to provide a link to the number of the article of the Labor Code of the Russian Federation, according to which this translation takes place.

The last step in preparing this entry is to enter the seal of the enterprise where this entry is made. After this, the employment relationship is considered fully completed, the contract is terminated, and the employee is given his work book. Having received this document in hand, the quitter signs in the labor register.

Employee consent

The employee must sign the work book upon dismissal, since this person confirms his agreement with the entry made and with the fact that he received the work book.

The legislation does not establish what type of signature this signature should be. Because of this, there are many different variations among employers. But the most correct and popular option is: “I have read the records (employee position, surname and initials).”

There are many violations related to an employee’s personal signature. The most common and rude of them is the lack of decoding, that is, the surname and initials. This is recognized as a mistake, since very often the signature itself does not reflect the person’s true surname, but contains only the first letters and some other symbols.

Other cases of recording at the request of the employee

There are many other situations when an employee can contact his superiors with a request to make a certain entry in the work book. For example, if an employee wants to get a part-time job. As a rule, if a person combines several jobs, then the main place is indicated in the book, and other activities are documented in accordance with the employment contract. It is worth remembering that labor legislation does not prohibit making entries in the work book about combining several jobs.

If a person works at one enterprise in two positions at once, he must draw up an application addressed to the director with a request to make an entry in his work book about internal part-time work. The application must also contain his signature and date of writing.

Based on this application, the head of the company issues an order, according to which the HR department employee makes an entry in the work book that this employee has been hired for an additional position. It goes like this. The personnel officer writes a new serial number under the last entry. Then he indicates the date the part-time worker was hired and his new position, as well as the structural unit in which he will work. It is immediately indicated that this activity is not his main one, but a combined one.

An employee may express a desire to become a part-time worker at another enterprise. That is, after completing the relevant documents, he will work in two companies: during regular working hours in his main position, and in his free time in an additional position. In this case, the employee must pick up from his additional place of work a copy of the order signed by the director, according to which he was accepted as a part-time worker. He is also required to provide his new employment contract or a certificate drawn up on company letterhead, which confirms that the employee is working at this place of work.

After all the necessary documents are provided to the employer from the main enterprise, the HR department employee must make an entry in the work book at the request of the employee that he is employed there. This entry, like other similar ones about part-time work, will be taken into account in the Pension Fund when calculating the employee’s pension. The entry indicates the full name of the organization and department in which the part-time worker works, as well as his position.

Nuances when making an entry at the request of an employee

There are different cases when a HR specialist can satisfy a request to enter any information into the work book at the request of an employee or refuse him. For example, if an employee’s dismissal occurs for reasons such as caring for a child under 14 years of age or moving to another city, then the personnel officer enters this data in the “Work Information” column.

If these entries are made in the work book, the employee retains continuous work experience when he gets a new job. Moreover, the wording of the record states that the employee resigned of his own free will, after which the specific reason for the dismissal is indicated. Both reasons mentioned above are valid and are provided for in the labor legislation of the Russian Federation.

There are times when an HR specialist may refuse to make an employee's requests for records. One of the most common cases is the loss of a work book by an employee due to his fault. After the loss, he can buy a new one and maintain it, and after a while find the first one. In this case, personnel officers are often asked to transfer all entries from the new book to the old one.

This cannot be done, since such actions would be a direct violation of labor laws. However, having two or more work books is not a violation. Many are worried because their work experience according to the old work book may not be taken into account, but since labor legislation allows for more than one such document, the pension will be calculated in the future based on all entries in all available books.

Rules for adjusting records

The maintenance rules prohibit crossing out incorrect, inaccurate, invalid entries, with the exception of the text on page No. 1.

Changes are made in the following order:

  • the adjusted data remains unchanged;
  • The next number in sequence records the actual information.

Example: “Record number ... is invalid.” The fourth column shows a document from which information is entered incorrectly, or an indication of an order that changes the incorrect information.

Replacement of personal data about the owner is carried out taking into account documents confirming the change.

Outdated text is crossed out with one line . Then clarifying information is entered. The information that served as the basis for the changes is written on the inside of the cover, certified by the signature of a personnel service employee and the seal of the enterprise.

Changed messages about profession or education on the first page are supplemented with updated information without crossing out the previous one.

Basic mistakes to avoid

When answering the question about who makes the entry in the work book, we need to note the most common mistakes. They can cause significant problems, including declaring the entry invalid, and therefore writing off the length of service. Of course, it is possible to solve such problems, but it may require a lot of effort, time and money.

The most common mistake is that a personnel employee, chief accountant, or the director of the company himself uses abbreviations when making entries. Such an entry is considered invalid, since this is strictly prohibited in the rules for maintaining and processing work books of the Russian Federation and in the Labor Code. That is why, when reading the record, the employee must pay attention to this nuance and notify the employer.

Very often, personnel officers misinterpret the requirements for the accuracy of entering information into the work book. Each entry in a labor document must be made on the basis of an order. And although the instructions for maintaining work books require accurate display of data from the order, only the most important information should be taken from there. Unlike an order, a work record must contain information about where, by whom and when the person was hired. All other details should be omitted, since this may also cause the entry to be invalidated.

The employer will be able to partially solve the problem by using a special stamp, the imprint of which can completely replace the name of the organization and its abbreviation, which can serve as a replacement for manual entry. It is also possible to correct the error by invalidating the entry and adding new information with a new serial number to the work record. This is done in accordance with the requirements for invalidating an entry, which are fully described in the Labor Code of the Russian Federation and the Rules for maintaining and registering work books.

Design rules

How are dates recorded?

Official papers cannot do without footnotes for the time when the event occurs. The day and month of the year are indicated by two familiar signs, the year by four. Writing is done using the generally accepted decimal system numerals, called Arabic.

For example, when filling out the title page of a work book, the year of birth of the book owner is November 25, 1980, the entry is made with a digital value such as November 25, 1980.

How are records made?

Fountain, gel and ballpoint pens equipped with light-resistant writing filler are used as writing instruments. Entries are allowed in only three colors: black, blue, purple.

About the completeness of information

Abbreviating words when filling out is prohibited. For example, the spelling of the word “Order” is written in full and is not shortened to two letters – “Pr.”. The accounting rule is accuracy and completeness, excluding double interpretation.

To cross out or not?

During life, events occur that change a person’s information field. Changing your last name, obtaining an education or a new specialty, moving to a newly chosen job, etc. Everything must be taken into account scrupulously. What to do with the information already entered?

The rules established the following. Crossing out is allowed only on the first page , and even then, only information that changes irrevocably. For example, changing your last name or first name. In other sections, blots in the work book are prohibited, no matter what changes occur to the owner.

Deadlines for entering information

The rules for registering a book establish a seven-day period for recording information related to employment, relocation, improvement of qualifications, and awards.

The fact of the end of the working relationship is recorded on the last day of work in accordance with the text of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) . Each entry is duplicated in a personal card, of which the employee is notified with his signature confirming familiarization.

Entering information about work

The most important is the 3rd section. It is here that information about employment, position, transfer to a new job or dismissal is entered.

There are several rules when filling out section 3:

  • the first entry in it when applying for employment is the full name of the organization (the full name must be indicated);
  • an entry is made in the column that the employee has been hired, the structural unit and position are indicated (the department is not always indicated: it must be entered only if it is an essential condition of the employment contract);
  • if an employee is transferred to a new position or permanently moves to another department, information about this must also be reflected;
  • if an employee resigns, entries in the work book reflect the fact and reason for dismissal, as well as the relevant article of the Labor Code.

Also see “Entry in the work book about the appointment of the general director: sample.”

Each entry in the 3rd column is justified by an entry in the fourth. It must indicate the numbers of orders, instructions and other documents on the basis of which the employee was hired, transferred, fired, etc.

If errors were made when filling out, you must enter the invalidity of the entry indicating its number, and then enter the correct information.

Also see “The entry in the work record is invalid: how to correct it (sample).”

In conclusion, we note that on the Internet you can find a lot of real photos of work record entries. However, we do not recommend mindlessly copying them: follow the general regulatory requirements, the main ones of which we have reflected in this article.

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31.08.2018

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