Options for correctly filling out a work book about dismissal in 2021


Regulatory framework for making an entry in the Labor Code

Like all entries made as information about ongoing processes related to a person’s professional activities, an entry in the Labor Code is based on a nomenclature base of legal content.

The corresponding article 84.1 of the Labor Code of the Russian Federation determines the need to enter data reflecting the general picture of the employee’s migration. It refers to another regulatory source, which determines the reason for the cancellation of an employment contract in the context of clause 3, part 1, article 77 of the Labor Code of the Russian Federation.

Reliability will also be based on the instructions for filling out the Labor Code dated October 10, 2003 No. 69. It was developed and approved by the Ministry of Labor of the Russian Federation. In this model, an entry is made based on clause 3 of Article 77 of the Labor Code of the Russian Federation.

The legal framework cannot be ignored. All of these sources determine the legality of the employer’s actions , confirming his adherence to the letter of the law. The slightest inattention when entering data can cause huge problems for both parties. To avoid them, you need to carefully prepare for the procedure of working with TC.

Normative base

The rules for filling out work books are described in the instructions approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69. It was adopted in accordance with paragraph 13 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, adopted by the Decree of the Government of the Russian Federation dated April 16, 2003 N 225 “On work books”.

Instructions for filling out work books (as amended by Order of the Ministry of Labor dated October 31, 2021 N 588n)

Basic Rules

There is a whole set of rules and they have to be followed when working with such specific documentation material as technical documentation. The problem is that the information data reflected here will serve as confirmation of the accumulated work experience. Unfortunately, mistakes made by illiterate personnel officers are not uncommon nowadays.

The slightest omission on your part will deprive your former employee of the opportunity to confirm the period spent in your production as work experience. The legal consequences will not be long in coming in the form of legal proceedings and the fair desire of the former employee to get even with the negligent personnel employee.

If you are a personnel employee or the head of a small organization who makes entries in the Labor Code with your own hand, keep in mind that compliance with the dismissal rules is a guarantee of your peace of mind. Such rules include segments of actions that, as a whole, add up to a single line of leading the person who wishes to resign into a new field of activity.

The dismissal rules determine the procedure algorithm in the following order:

  1. Manifestation of activity on the part of an employee leaving production (organization) in the form of a submitted application.
  2. His signature by the head of the organization (enterprise).
  3. On its basis, the issuance of an order with corresponding registration in the book of orders.
  4. Familiarization with it of the resigning person against signature.
  5. Based on the order you issued, write it down in the TC.
  6. Check the identity of the entry in the Labor Code with the wording in the order.

Being the last link in the chain, an entry in the Labor Code is based on preliminary actions, without which it will not be valid. How long does it take for an employer to issue a work book? Read here. The issuance of a work permit is confirmed by an entry in the work record book.

Filling out job information

3.1. In column 3 of the “Work Information” section of the work book, the full name of the organization is indicated as a heading, as well as the abbreviated name of the organization (if any). Under this heading in column 1 the serial number of the entry being made is indicated, in column 2 the date of employment is indicated.

In column 3, an entry is made about acceptance or appointment to a structural unit of the organization, indicating its specific name (if the condition of working in a specific structural unit is included in the employment contract as an essential one), the name of the position (job), specialty, profession indicating qualifications, and Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired. Records of the name of a position (job), specialty, profession indicating qualifications are made, as a rule, in accordance with the organization’s staffing table. If, in accordance with federal laws, the performance of work in certain positions, specialties or professions is associated with the provision of benefits or the presence of restrictions, then the names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements provided for in the relevant qualification reference books. Changes and additions made in the prescribed manner to qualification reference books and the organization's staffing table are brought to the attention of employees, after which appropriate changes and additions are made to their work books on the basis of an order (instruction) or other decision of the employer.

If an employee is assigned a new rank (class, category, etc.) during the period of work, then a corresponding entry is made about this in the prescribed manner.

The establishment of a second and subsequent profession, specialty or other qualification for an employee is noted in the work book indicating the ranks, classes or other categories of these professions, specialties or skill levels. For example, a repairman was assigned the second profession “Electric and gas welder” with the assignment of 3rd category. In this case, in the work book in column 1 of the section “Information about work” the serial number of the entry is indicated, in column 2 the date of establishment of the second profession is indicated, in column 3 the entry is made: “The second profession “Electric and gas welder” has been established with the assignment of 3rd category”, in column 4 indicates the relevant certificate, its number and date.

At the request of the employee, information about part-time work is recorded in the work book at the place of main work on the basis of a document confirming part-time work. In column 1 of the “Work Information” section of the work book, the serial number of the entry is entered, in column 2 the date of employment as a part-time worker is indicated, in column 3 an entry is made about acceptance or appointment as a part-time worker in a structural unit of the organization, indicating its specific name ( if the condition of working in a specific structural unit is included in the employment contract as an essential one), the name of the position, specialty, profession indicating qualifications, column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number. A record of dismissal from this job is made in the same manner.

3.2. If during the employee’s work the name of the organization changes, then a separate line in column 3 of the “Information about work” section of the work book is made: “Organization A has been renamed to B since such and such a date,” and in column 4 the basis for the renaming is entered - an order (order) or other decision of the employer, its date and number.

3.3. In the work books of persons who have served a sentence in the form of correctional labor, an entry about the non-inclusion of work time during the period of serving the sentence in the continuous work experience is made as follows. In the “Information about work” section of the work book, in column 1 the serial number of the entry is entered, in column 2 - the date of entry, in column 3 the entry is made: “Work time from such and such a date (day, month, year) to such and such date (day, month, year) is not counted towards continuous work experience.” Column 4 indicates the basis for making an entry in the work book - an order (instruction) or other decision of the employer (issued in accordance with the court verdict), its date and number.

3.4. When continuous work experience is restored in accordance with the established procedure, the following entry is made in the employee’s work book at the last place of work in column 3 of the section “Information about work”: “Continuous work experience was restored from such and such a date, month, year”, in column 4 a reference is made to the corresponding name of the document on the basis of which the entry was made, with reference to its date and number.

Step-by-step instruction

If you have completed all the preliminary steps:

  • the application has been submitted,
  • signed,
  • the order was issued
  • registered,
  • You can begin the procedure for properly completing the entry.

Take the order and focus on its wording, as well as the date of dismissal, in order to avoid mistakes.

Open the document (TC) in the place where the last entry was made. After it, an entry must be made by you, in accordance with the order that was drawn up and approved.

On the open page you will see 4 columns:

  1. The number of the entry made in order.
  2. Dates of hiring (dismissal).
  3. Information about the work, which includes all the movements of the owner of the document, taking into account the grounds for dismissal, articles of the Labor Code.
  4. Order on hiring (dismissal).

Take the time to check that the employment record has been made in advance so that an awkward situation does not occur. Enter the next entry number. This will be an entry that you will make directly. Accordingly, it will go with the next number, it is one more than the previous one.

In the next column you must indicate the date. It must correspond to the day from which the dismissed subject ceases to perform his duties. In this case, the designated date must correspond to:

  • date on the application
  • date in the order.

What stamp is put in the work book upon dismissal - read here.

The third column is the main one; in it you need to write information about the cancellation of industrial relations on the basis of legitimate articles from the Labor Code of the Russian Federation. There are two options, which are recommended by different sources of labor law. Literally they are written as follows:

  1. Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
  2. The employment contract was terminated at the initiative of the employee, clause 3, part 1, article 77 of the Labor Code of the Russian Federation.

Lawyers in the field of labor law tend to believe that the link given to the first part of the article is required. But personnel officers with extensive experience prefer to use the traditional formulation, which, in their opinion, accurately reflects the circumstances of the case.

In the last fourth column you must enter the reasons for dismissal. That is, provide a link to the order containing information:

  • name of the document (order);
  • date (from what date);
  • number (by serial number).

Upon completion of the procedure, you must put your own signature, indicating:

  • positions,
  • surnames and initials.

The work can be considered completed.

When handing over the Labor Code to the person who has resigned, invite him to put his own signature under yours. This will mean that he had no complaints about the entry made by the personnel officer, secretary or manager.

Now you know what the entry should be. See the example more clearly:

Sample entry in the work book about voluntary dismissal.

Dismissal by agreement of the parties is documented in the work book in a similar way.

General provisions

1.1. Entries of dates in all sections of work books are made in Arabic numerals (day and month - two digits, year - four digits). For example, if an employee was hired on September 5, 2003, an entry is made in the work book: “09/05/2003”.

Entries are made carefully, using a fountain or gel pen, a rollerball pen (including a ballpoint pen), light-resistant ink (paste, gel) in black, blue or purple, and without any abbreviations. For example, it is not allowed to write “pr.” instead of “order”, “order” instead of “order”, “trans.” instead of “translated”, etc.

1.2. In the sections “Information about work” and “Information about awards” of the work book, crossing out previously made inaccurate, incorrect or other invalid entries is not allowed.

For example, if it is necessary to change a specific employment record in the “Job Details” section, after the corresponding last record in this section, the subsequent serial number and the date the record was made are indicated, in column 3 the entry is made: “The record with such and such a number is invalid.” After this, the correct entry is made: “Accepted in such and such a profession (position)” and in column 4 the date and number of the order (instruction) or other decision of the employer, the entry from which was incorrectly entered into the work book, is repeated, or the date and number of the order is indicated ( order) or other decision of the employer, on the basis of which the correct entry is made.

In the same manner, a record of dismissal or transfer to another permanent job is invalidated if the dismissal or transfer is recognized as illegal by the employer, the control and supervisory body, the labor dispute resolution body or the court and reinstatement to the previous job or the wording of the reason for dismissal is changed. For example: “The entry for number so-and-so is invalid, reinstated to previous job.” If the wording of the reason for dismissal is changed, an entry is made: “The entry for number so-and-so is invalid, dismissed (new wording is indicated).” Column 4 makes reference to the order (instruction) or other decision of the employer on reinstatement or changing the wording of the reason for dismissal.

If there is an entry in the work book about dismissal or transfer to another permanent job, which is subsequently declared invalid, upon the written application of the employee, a duplicate work book is issued without making an entry declared invalid. In this case, in the upper right corner of the first page of the duplicate work book the inscription is made: “Duplicate”. On the first page (title page) of the previous work book it is written: “Instead, a duplicate was issued,” indicating its series and number.

Entry in the work book about dismissal due to retirement

In general, the provisions of labor legislation do not include any special conditions for dismissal upon reaching retirement age. However, it is not reprehensible to enter information that a person has retired.

In general, the procedure is the same for everyone. Only a few nuances have been identified . For example, when the retirement date arrives, the employer does not have the right to demand a two-week period of work. Cancellation of employment conditions occurs from the moment at the request of the applicant.

If your employee retires, you do not have the right to fire him for special reasons other than his own desire in this regard. The legal basis will be the same as a normal contract termination. But the wording may indicate the reason: “retirement.”

If the retiring applicant evades the work stipulated for other categories of persons , an indication of retirement must be mandatory. It reflects the legal conditions for the absence of a working period.

Literally, the wording that needs to be filled out will be similar: “The employment contract was terminated at the initiative of the employee in connection with retirement, clause 3, part 1, article 77 of the Labor Code of the Russian Federation.”

This wording is acceptable:

  1. When a person is released from office, on the day of retirement.
  2. Provided that his work at the enterprise is completed simultaneously with the date of reaching retirement age.

In other cases, if a working pensioner resigns, the reference “due to retirement” is unacceptable.

How to reflect dismissal in SZV-TD

Due to the presence of formal differences in the SZV-TD form, a record of dismissal is made in it in strict accordance with a special procedure (see Resolution of the Pension Fund of the Russian Federation Board of December 25, 2019 No. 730p).

In addition to information about the employer and employee, you need to fill out the section “Information about the work activity of the registered person” (subclauses 2.5.1 - 2.5.9 of the Procedure for filling out the SZV-TD form). It looks like a table with columns, reminiscent of a paper work book form.

HOW TO FILL OUT SZV-TD WHEN DISMISSAL: TABLE

Below is a sample 2021 notice of dismissal in the SZV-TD form.

By agreement of the parties

Either side of the relationship can take the initiative. At any time, the parties can decide to terminate the relationship by entering into an agreement. For the employee, the advantages of this option of leaving are the absence of “working off”, and for the employer, the employee does not have the right to change his mind about leaving.

You need to fill it out in the same way as if you are filling out a work book upon dismissal of your own free will in 2021. The only significant difference is that you need to refer not to paragraph 3, but to paragraph 1 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Filling out the title page

When filling out the title page of the document, you need to consider the following rules:

  1. The color of ink used to make entries is blue, purple or black. The use of other colors is not permitted.
  2. All information is entered without abbreviations , in legible and compact handwriting.
  3. Last name, first name, patronymic are entered in full.
  4. The date of birth is entered in Arabic numerals without using words. The day and month are two digits, the year is four digits.
  5. The education line indicates the level of education received at the educational institution (higher, secondary).
  6. When indicating a specialty, it is necessary to indicate the name of the profession in accordance with the diploma.
  7. The date of filling out the document is the day the work book was created. If it is impossible to comply with the established deadline of 7 days from the date of conclusion of the employment contract, it is possible to enter a suitable date retroactively. This situation may arise, for example, if the organization does not have the necessary forms at the time of hiring a new employee and the employee is unwilling to purchase the document on his own.

At the very end of the title page is the signature of the owner of the book, the signature of the responsible employee of the organization, and the seal of the organization. A sample of a completed work book cover page can be viewed here.

Upon dismissal at the initiative of the employer

We will also provide a sample of how to make an entry in the work book about dismissal in 2021 if the employment contract is terminated at the initiative of the employer. The wording option depends on the grounds for dismissal: intoxication, absenteeism, disclosure of trade secrets, repeated failure to perform duties. Unlike the situation when you need to make an entry for voluntary dismissal in the work book 2021, in case of absenteeism, the HR specialist will refer to Article 81 of the Labor Code of the Russian Federation.

If you are fired for absenteeism, the sample dismissal in the 2020 work book will be as follows:

How to calculate northern experience

If there are entries in the work book confirming labor activity in the territories of the Far North and equivalent territories, citizens have the right to receive an increased northern pension.

To apply for an increased pension, it is necessary to have information in the work book confirming the location of these organizations in the northern regions. A sample of such a recording can be viewed here.

In the absence of reliable data, it is necessary to attach supporting certificates received upon request to the document.

Men and women are eligible to receive northern experience if they meet the following criteria:

  • age of men – 55 years;
  • women's age – 50 years;
  • total insurance experience – 25 years (for men);
  • total insurance experience – 20 years (for women);
  • work experience - 12 years in the Far North, 17 years in areas equivalent to them.

When calculating northern length of service according to a work book, the following are not taken into account:

  • periods of being registered with the employment center and receiving benefits;
  • maternity leave for children up to 1.5 to 3 years (prenatal and postnatal leave is taken into account);
  • part-time work.

The maximum amount of payments cannot ultimately exceed three established minimum pension amounts.

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