Responsibility for failure to make an entry in the work book

It reflects the length of service - it is necessary to determine the insurance period. Two types of the latter are taken into account for calculating pensions and benefits.

The following are required to be included in the work book:

Information about the employee.
Characteristics of the work performed during a given period.
Records of transfers to another job.
Information about dismissals indicating the grounds in accordance with the law.
Records of awards and incentives.
Information about promotion.

If a hired employee is just starting to work or has lost his book, then a new one is issued and the first entry is made in it.

Types of violations

The law does not allow you to enter information selectively or omit any detailed explanations. The liability of employers arising in accordance with Art. 419 of the Labor Code of the Russian Federation, encourages them to correctly maintain labor documents. Of course, it is necessary to check the compliance of the work record with the established state standard before supplementing it with new entries. Needless to say, there should be no erasures or corrections in the book.

What is most often forgotten when filling out documents?

Please indicate your education.
Enter your specialty, profession.
Reflect awards that can raise the employee's rating during subsequent employment.
Enter a notice of dismissal with the actual date.
Indicate a change in the name of the organization or department.
Check the serial number of the entry and date.
Precisely indicate the document number on the basis of which the entry is made in the labor record.
Display qualification information.

In practice, it sometimes turns out that, despite the responsibility, a violation still occurred, and the entry in the work book was not made in a timely manner. In this case, it is necessary for the most recent entry made:

Enter the next serial number.
Enter the date.
In the third column, write down basic information.
In the fourth column, enter the order number and the date it was issued.

If the error is noticed when the employee has already got a job in another company, it is enough to contact the personnel department at the previous place of work. If the organization has already been liquidated, the new employer also has the right to make entries.

Results

Today, such a significant resource as qualified workers is highly valued by the state. This is why it is so important to fully realize the rights of all people employed. An employer may face a particularly large number of problems in connection with the illegal dismissal of an employee. In addition to administrative penalties, the fine for individual entrepreneurs ranges from 1 to 5 thousand rubles, and a legal entity will have to pay over 30 thousand rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

As a rule, errors can be corrected before the employee files a lawsuit and his claims are satisfied. Law practice shows that it is enough for the employer to enter information in the work book to avoid possible lengthy litigation.

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Work records and employer obligations

Legal entities and individual entrepreneurs are required by labor law to fill out work books for all hired employees. This form is a document that systematizes data on a person’s labor activity for all years.

Legislative regulation of the nuances of registration of work books is expressed through:

Labor Code of the Russian Federation;
Rules issued by the Government of the Russian Federation as part of Resolution No. 225 dated April 16, 2003;
Instructional collections prepared by the Ministry of Labor and systematized in Decree No. 69 dated October 10, 2003.

In the work book, the employer must reflect the following set of information about the work activities of the owner of the form:

information identifying the employee;
information about the assigned work (the name of the position for which the person was hired, indicating the period of stay in it);
facts of internal and external transfers;
reasons for dismissals;
non-material types of incentives.

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

The employer is not authorized to decide in whose books information about employment is entered and whose forms are ignored.

If an error was made while filling out the form, the entry must be invalidated, after which the correct data is entered. Responsibility for failure to make an entry in the work book is provided for by the Code of Administrative Offenses of the Russian Federation in Art. 5.27 (fine - up to 50,000 rubles).

Labor control and supervision bodies receive information from complaints and statements from employers affected by negligence about the infringement of their rights regarding the reflection of their accumulated experience in work books.

The norms of Regulation No. 875 dated September 1, 2012 provide for the initiation of an unscheduled inspection of the employer upon receipt of a signal of an offense. If suspicions are confirmed that an enterprise or individual entrepreneur has failed to fulfill the full range of obligations as an employer, administrative measures are applied to them.

Also see “Gratitude in the work book: sample and what it gives.”

Criminal liability

Criminal penalties for violations of the rules for maintaining and filling out work books are extremely rare. Criminal liability may arise for the following acts:

Illegal refusal to provide information to an employee, as well as provision of deliberately false data. If this action violated the rights and interests of the employee, which are provided for by law, then the punishment may be as follows:

fine in the amount determined by the court}
removal of the offender from his position or restriction of the ability to perform labor duties for a period of two to five years.

Fraud during the performance of official duties. This could be entering deliberately false information into the work book or making corrections for selfish purposes. In this case, the following measures may be applied to the authorized person who committed the violation:

fine}
compulsory work for a period of 180-240 hours}
correctional labor for a period of one to two years}
arrest for three to six months}
imprisonment for up to two years.

Theft or damage to documents or seals, including theft of a work book or insert:

fine}
compulsory work, the duration of which is established by the court}
corrective labor for a period of up to one year}
arrest up to three months.

As you can see, serious responsibility is imposed for incorrectly maintaining a work book. Therefore, you need to carefully understand the rules for filling out this document and make all entries according to the requirements.

How to recover missed entries in your work record

Omission of an entry in the work book about a change in the nature of a citizen’s work activity or his work status is recognized as an employer’s mistake. The employer due to whose fault the form reflected incomplete information about a person’s employment is obligated to correct the deficiency.

If the employer has not made an entry in the work book, the basis for making changes to it cannot be oral testimony of officials.
In addition, for each case of correction of errors, it is necessary to issue an internal order from the head of the company.

When, at the time of discovery of a gap in the records, a person is employed by another employer, the current employer must reflect the missing data. To do this, he needs documentary support for the information entered from the previous employer who made the mistake.

The missing entry is reflected in the following sequence:

data is entered in the empty lines after the last entry;
enter the next sequential record number;
the date should reflect the actual period of relevance of the missing entry.

As a result, the omission is eliminated, but with the simultaneous appearance of an inaccuracy in the form of a violation of the chronological order of making entries.

Also see “Employment agreement without a work book.”

Procedure for entering a missing mark

Missing data is entered in the next line after the completed one, regardless of how long ago the omission was made. In this case, there is no point in indicating that the previous entries are invalid, since then you will have to duplicate all these invalid rows.

All this is done in this order:

item number;
Date of entry;
information about the event - transfer, dismissal, hiring;
the last column is information about the date and number of the order on the basis of which the information is entered.

If the data is not entered before leaving a specific place of work, accounting is carried out according to the same rules, but a stamp is not placed after. Certification of all points for a specific place of work will be carried out with a seal at the time of dismissal.

The authenticity of the information entered, regardless of who writes it down and how long after the omission, is confirmed by documents - orders regarding such an action by the former or current employer.

Checking our documentation

Review personnel papers. Your organization must have the following documents and forms available.

It includes: provisions on the protection of personal data of employees, internal labor regulations, instructions on labor protection. In any form, you can prepare, for example, a statement for each act, in which employees will sign that they are familiar with the contents of the document. 22, part 3 art. 68, articles 87, 135, 212 of the Labor Code of the Russian Federation.

Pay slip

You must develop and approve its form yourself. He notifies about the components of wages and deductions from wages. 136 Labor Code of the Russian Federation. If wages are transferred to bank cards, the procedure for issuing pay slips to employees is determined in the local act of Rostrud Letter No. 739-6-1 dated March 18, 2010. Let us remind you that the payslip must be issued with one of the payroll parts. 136 Labor Code of the Russian Federation.

The book of accounting for the movement of work books and inserts in them is kept by personnel officers, if there is such a department, and the receipt and expenditure book - as a rule, by the accounting department. Both books must be laced, numbered, certified by the signature of the head of the organization and sealed with a wax seal or sealed. For this, purchase a separate metal seal and sealing wax or sealing wax. 41 Rules

We invite you to read: Responsibility of an individual entrepreneur

They have a unified form No. T-2. You will have to give a personal card to the employee for signature not only upon hiring, but also with each new entry in his work book (for example, in connection with a change of position or advanced training). Therefore, keep in mind that personal cards are kept on paper. 12 Rules.

ADVICE

Prepare a template of the employment contract in advance, including in it all the requirements established by Art. 57 of the Labor Code of the Russian Federation, mandatory information. And do not forget to include a line in it for the employee’s signature indicating that he has received his copy of the document. 67 Labor Code of the Russian Federation.

The time worked by employees must be taken into account according to unified forms No. T-12 or T-13st. 91 Labor Code of the Russian Federation. It is these completed forms that the accountant receives as primary accounting documents for accounting and tax accounting purposes, on the basis of which he will calculate wages, reflect them in expenses, and fill out payslips for employees.

Vacation schedule

It is approved 2 weeks before the start of the year for which the vacations are planned, according to the unified form No. T-7st. 123 Labor Code of the Russian Federation.

ADVICE

In the local regulations, state that vacation dates can be postponed by agreement of the parties. Without such a clause, the inspector may consider even your written agreements with the employee to change the periods of his vacations to be a violation of Art. 124 Labor Code of the Russian Federation.

Remember that without the employee's written consent, you cannot change the start date of his leave (for example, ask him to go on leave later), nor the end date. If you need the employee to take leave early, ask them for a written statement agreeing to the withdrawal and determining when they are ready to use their remaining vacation days.

The essence of the dispute

As part of the insolvency case of a limited liability company, the arbitration manager filed an application to recover from the debtor the amount of remuneration and the amount of compensation for expenses incurred in the bankruptcy case. Among these expenses, the manager named the following costs:

fare;
expenses for publishing information in the media and in the EFRSB;
postage;
expenses for inserts for the work book.

All expenses, except the last one, were confirmed by documents and receipts.

We follow procedures

Make sure that the employee signs your copy twice: as a sign of agreement with the terms of the contract and confirmation that he received his copy of the document.

Then familiarize the employee, against signature, with the order of his employment. 68 Labor Code of the Russian Federation. The document has a unified form No. T-1. Do not forget to duplicate the probationary period clause in the order, if it is included in the employment contracts with employees. Inspectors consider forgetfulness in this matter as a violation of the Decision of the Voronezh Regional Court dated February 3, 2009 No. 77-9AP.

Get a personal card for the new employee, enter information about him, his position, qualifications and give it to the employee so that he can sign it, make a record of hiring in the employee’s work book.

Familiarize the employee with the local regulations against signature. 68 Labor Code of the Russian Federation. Such a signature can be placed on a separate line in an employment contract, in a special journal, in a separate statement for each act, in any other document that you yourself invent to collect such signatures.

In this case you must:

draw up a dismissal order and familiarize it with the employee’s signature. Keep in mind that a dismissal order must also be issued when an employee quits of his own free will, notifying him 2 weeks in advance. The employment contract will not automatically cease to be valid. 6 tbsp. 80 Labor Code of the Russian Federation; Determination of the Moscow City Court dated July 26, 2011 No. 4g/2-6447/11;
fill out a calculation note using the unified form No. T-61, which should reflect the salary for the time worked by the day of dismissal and compensation for unused vacation;
give the employee a work book on the day of dismissal.

ADVICE

If the employee does not show up for the work book even after your written notification of the need to pick it up, draw up a statement stating that it is impossible to issue the book on the day of dismissal, and send it to the employee by mail with a list of the attachments. Decree of the Supreme Court of the Republic of Karelia dated October 18, 2011 No. 33- 3072/2011. This way, in the event of a claim against you from a dismissed person, you will be able to confirm that you are not withholding your work record book. 84.1 Labor Code of the Russian Federation.

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We invite you to familiarize yourself with: A copy of the work record book certified by the employer Sample document

At the written request of the resigning employee, you must provide him with copies of personnel documents related to the work, in particular. 84.1 Labor Code of the Russian Federation:

orders for hiring and dismissal;
incentive orders.

You must also give him a certificate of the amount of salary for the current year and the 2 previous years, which he will need to assign sickness benefits to the new employer. By Order of the Ministry of Health and Social Development dated January 17, 2011 No. 4n.

Pay your salary at least twice a month and vacation pay no later than 3 days before the start of your vacation. Set specific dates for salary payments in employment contracts or in a separate local regulatory act. 135 Labor Code of the Russian Federation.

Provide written consent from the employee to work overtime or work on weekends. Upon receiving consent, ask him to immediately indicate how to compensate for his work “outside the schedule” - with money or time off (for example, a day of rest for working on a day off, Article 153 of the Labor Code of the Russian Federation).

Do not forget that you must carry out certification of workplaces for working conditions at least every 5 years, and also take care of the condition of workwear - wash, dry, repair Articles 212, 221 of the Labor Code of the Russian Federation; clause 8 of the Order of the Ministry of Health and Social Development dated April 26, 2011 No. 342n.

Follow the disciplinary and sanctioning procedures. Make sure that your employee is not fired, for example, for absenteeism, for which he has already been reprimanded. You will then be able to be fined for applying two penalties for one offense. In addition, for example, when absenteeism, you must first ask the employee for written explanations; if he does not give them, draw up a report and only then make a decision on the penalty.

As you can see, there really are a lot of personnel documents and procedures. And even if you learn about the labor inspection inspection in advance, you will not physically have time to “patch up the holes” by hastily eliminating violations. Therefore, it is better to comply with everything, fill out and sign step by step, at each stage, without delaying until later.

In addition, try to maintain loyal relationships with employees in order to, if possible, eliminate unscheduled inspections by the labor inspectorate based on complaints from both current and especially former employees. After all, inspectors may not get around to a scheduled inspection once every 3 years, but the labor inspectorate responds faster to employee complaints.

Title page of the work book

The first page of the work, or title page, contains information about the owner of the document. It is filled out only on the basis of the employee’s personal documents (passport, ID, diploma, certificate, etc.).

Filling out the title page incorrectly threatens the employee with big problems in the future (including going to court to establish the fact of ownership of the document), so extreme care must be taken here.

Issues of entries on the title page are addressed in paragraph 9 of the Rules and section 2 of the Instructions.