Filling out a work book: registration rules and a sample notice of dismissal


Normative base

Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”
Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On Work Books” (together with the “Rules for maintaining and storing work books, producing work book forms and providing them with employers")

Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 “On approval of the Instructions for filling out work books”

Contents and design of the document

An order in the established form T-8 is an internal document drawn up upon termination of an open-ended employment contract or at the end of the stipulated period. If an employee resigns on his own initiative, the basis for drawing up documentation is a statement drawn up and signed by the resigning person.

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According to established practice, the number indicated on the form will be the last working day of the resigning person . Guided by this document, the responsible person writes in the work book that the employee is fired, with the obligatory indication of the reason, month, date and year. But there are exceptions when the date of the dismissal order and the date of dismissal may not coincide. This circumstance alone is not enough to speak of a violation of the law, although many citizens think otherwise.

Until January 1, 2013, T-8 forms were filled out and issued in accordance with the approved resolution of the State Statistics Committee. It is called “On approval of document forms” and was published on January 5, 2004. Since this act was abolished, T-8 forms have ceased to be mandatory. In particular, a dismissal order can be issued before the day of dismissal , and sometimes the head of the company is obliged to do this.

Currently, enterprises are not required to use unified forms, but have the right to develop their own, as well as create documentation in free form. However, there is a list of information that must be present:

  • name of the company, institution or individual entrepreneur;
  • the basis on which the worker or employee is considered dismissed, indicating Art. TK;
  • Full name and position of the employee;
  • signature of an authorized person or director;
  • signature of the person who is about to resign;
  • date of preparation and document number.

The name and legal status of the employer is usually indicated at the top of the document. Here, the HR department employee puts down the date and serial number. The number of the employment contract and the date of its preparation are indicated below in a special line. It also contains information about the termination or termination of the contract.

Information about an employee is usually written out from his personal card. In addition to the full name and position, the contract may indicate the number assigned to the employee on the timesheet and the department in which he worked. The reason for termination of the employment relationship is stated in the “Grounds” column. The employee is required to sign the completed form, unless this is impossible. If he does not want to sign, the employer draws up an act of refusal.

Which legal acts establish the rules?

The procedure for terminating a working relationship is regulated by Chapter 13 of the Labor Code of the Russian Federation. The grounds for termination of the contract are provided in the following legislative acts:

  • The articles of the Labor Code of the Russian Federation (Articles 77 - 84.1 of the Labor Code of the Russian Federation) contain information on termination of the contract. Termination of its validity and registration of a work book upon dismissal at the employee’s own request is considered in Article 80, at the initiative of the employer - in Article 81. The grounds are presented in Article 77 of the Labor Code of the Russian Federation;
  • in federal laws. For example, for civil servants the issue of dismissal is regulated by law dated July 27, 2004 No. 79-FZ.

It should be remembered that for certain categories of employees, for example:

  • Foreigners;
  • athletes;
  • scientists -

The grounds for termination of labor relations are provided for in separate provisions of the Labor Code of the Russian Federation.

Rules for issuing an order

The order can be drawn up in any form or according to a standard template developed by Goskomstat. The order is a key document regulating the procedure for terminating a contract with an employee. On its basis, accruals are made for the final payment of an individual and a work book is drawn up.

The structure of the document must provide fields for the following information:

  • company name;
  • number of the order and date of its issue;
  • content - the essence of the regulated procedure, the reasons for termination of the contract (indicating the details of this agreement), a link to the article of the Labor Code of the Russian Federation, information about the employee from his personal card, the date of dismissal.

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The document is certified by the handwritten signature of the head of the organization. If the company has a seal, its imprint must be affixed to the form. After registering the order in the journal of issued orders, the dismissed employee must be familiarized with the text of the document.

The fact of reading is recorded by the signature of the specialist leaving the position. If the order concerns several employees, each of them must sign at the bottom of the sheet on which the order is printed.

Grounds for dismissal

The most popular grounds for dismissal are:

  • at your own request;
  • in order of translation;
  • due to staff reduction;
  • in connection with retirement;
  • in connection with conscription for military service;
  • due to violation of labor laws.

In different cases, entries in the work book are made differently. We have prepared a sample entry in the employment record for voluntary dismissal for 2021. But we will still describe in detail how to make the correct entry in the work book upon dismissal, what and how to write in each column.

What date should the order be registered?

In standard situations, the order is registered on the day of the employee’s dismissal. This allows you to minimize the risks of incorrect execution of personnel documentation.

A problem may arise if the dismissed official, on the eve of termination of the contract, changes his mind about leaving the company, withdraws his application, and by that time the order has already been issued. In such a situation, the employer will have to issue a new order canceling the dismissal order.

There is no legal prohibition on the early issuance of an order to terminate an employment contract. Each employer independently determines what date to register the administrative form, taking into account external circumstances. It may be necessary to draw up and register a dismissal order in advance in the following cases:

  • the order is needed to initiate the reporting verification procedure;
  • it is necessary to justify the unscheduled appointment of an internal audit aimed at checking the quality of work of the dismissed employee;
  • the order is necessary to create conditions for the transfer of cases under the act;
  • a financially responsible person resigns, which necessitates an inventory of the material assets entrusted to him.

After the actual date of dismissal, the order can be registered in the only case - the official did not show up for work, the employer could not contact the person to find out the reasons for the absence.

As time passes, the employer is notified of the employee’s death. In such a situation, the head of the company issues an order on the date on which he has documentary grounds for terminating the employment contract. In the text of the order, the day of death and the day of termination of cooperation must be identical.

On the last work shift, the dismissed official must not only be familiarized with the order, on this day the employee receives the final payroll and compensation accruals. No later than this date, the employer must ensure that the work book is issued to its owner. The fact of receipt of the form is certified by the signature of the owner of the document.

Rules for making an entry

According to the Rules for maintaining and storing books, all entries in the columns of the form must be made on the basis of the order of the employer. This rule also applies to information about termination of the contract. The content of the entries in the columns must repeat the wording from the order (clause 14 of the Rules). Information about the termination of the contract is entered into the form of the dismissed employee on the day of his departure from the organization.

The procedure for making entries in the form is discussed in detail in the Instructions for filling out books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69. Let's consider the sequence in which the entry on the termination of a working relationship should be made in the form (clauses 5.1-5.6 of the Instructions):

  1. In the first column of the “Work Information” section, the entry number is entered in order (you can use the sample work book below with a record of voluntary dismissal).
  2. In the second, the date (day, month, year) of entering information about the termination of the contract is indicated in Arabic numerals.
  3. The third indicates the basis for termination of the contract with reference to an article of the Labor Code of the Russian Federation. An example of an entry in a work book about voluntary dismissal reads as follows: “Dismissed of my own free will, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.”
  4. In the fourth, it is necessary to indicate the details of the order to terminate the working relationship.
  5. Information entered into the employee’s form during his work in the organization is certified by the signature of the responsible person and the seal of the organization (if there is one).
  6. As a sign of familiarization with the record, the employee puts his signature and indicates his last name with initials.

Based on the example of a dismissal entry in the work book, you can make the correct entry on the employee’s form.

Document delay

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Although the employer must issue the work permit on the last day of work, there may be a delay in its issuance. Due to some serious circumstances, it may be issued a little later.

Such reasons may be the worker’s absence from work that day (if, for example, he is sick or skips work). Then the employee is obliged to write a written statement asking to return the book.

This is important to know: What is the employer obliged to give the employee on the day of dismissal?

If delivery in person is not possible, it is sent by mail to your home. In this case, the basis for such actions must also be a written request from a subordinate.

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In other cases, the employer does not have the right to delay delivery. If this happens - documents were issued untimely or not issued at all, management must be held accountable for such unlawful actions.

They will also be guilty if entries are made incorrectly.

It is very important for both the employer and the employee to know the reasons for termination of the agreement, how the pages are filled out correctly, as well as information about the delay in issuing the work permit.

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Dismissal by transfer: entry in the labor record

An employment contract with an employee is sometimes terminated due to his transfer to work for another employer (clause 5, part 1, article 77 of the Labor Code of the Russian Federation). An employee can transfer to work for another employer:

  • at your own request;
  • at the initiative of the employer (both current and potential), in this case, dismissal by transfer is formalized only with the written consent of the employee.

We offer an example of how to make an entry in the work book about dismissal when transferring to another place of work:

Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

Clause 5.3 of the Instructions, when terminating an employment contract at the initiative of the employer, recommends making a record of dismissal (termination of the employment contract) in the work book with reference to the corresponding paragraph of Art. 81 of the Labor Code of the Russian Federation or other grounds for termination of an employment contract at the initiative of the employer, provided for by law. Similar requirements are contained in clause 16 of the Rules for maintaining and storing work books.

Since labor disputes between employees and employers most often arise precisely when an employment contract is terminated at the initiative of the employer, it is extremely important to correctly formulate the reason and enter it into the work book. Of course, this is not the main condition for the employer to successfully resolve a dispute, but it is not the last.

BaseFormulation
Liquidation of an organization, termination of activities by an individual entrepreneurThe employment contract was terminated due to the liquidation of the organization, paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation
Reduction in headcount or staffThe employment contract was terminated due to a reduction in the number of employees of the organization, paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation
Inconsistency with the position heldThe employment contract was terminated due to the employee’s inadequacy for the position held due to insufficient qualifications confirmed by certification results, paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation
Change of owner of the organization’s property (in relation to the manager and chief accountant)The employment contract was terminated due to a change in the owner of the organization’s property, paragraph 4 of part one of Article 81 of the Labor Code of the Russian Federation
Repeated failure to fulfill job dutiesThe employment contract was terminated due to repeated failure to fulfill labor duties without good reason, paragraph 5 of part one of Article 81 of the Labor Code of the Russian Federation
AbsenteeismThe employment contract was terminated at the initiative of the employer in connection with a one-time gross violation of labor duties by the employee - absenteeism, subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Showing up at work while intoxicatedThe employment contract was terminated at the initiative of the employer due to a one-time gross violation of labor duties by the employee - appearing at work in a state of intoxication, subparagraph "b" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Disclosure of secrets protected by lawThe employment contract was terminated at the initiative of the employer in connection with a one-time gross violation of labor duties by the employee - disclosure of a trade secret that became known to the employee in connection with the performance of his labor duties, subparagraph “c” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Committing theft at the place of workThe employment contract was terminated at the initiative of the employer in connection with a one-time gross violation of labor duties by the employee - theft of someone else’s property at the place of work, established by a court verdict that entered into legal force, subparagraph “d” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Violation of labor protection requirements resulting in serious consequencesThe employment contract was terminated at the initiative of the employer in connection with a one-time gross violation of labor duties by the employee - a violation of labor protection requirements established by the labor protection commission, which resulted in an accident at work, subparagraph "d" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Loss of trustThe employment contract was terminated due to the commission of guilty actions by an employee directly servicing commodity assets, giving grounds for loss of confidence in him on the part of the employer, paragraph 7 of part one of Article 81 of the Labor Code of the Russian Federation
Committing an immoral actThe employment contract was terminated at the initiative of the employer in connection with the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work, paragraph 8 of part one of Article 81 of the Labor Code of the Russian Federation
Making an unreasonable decision by the manager or chief accountant (their deputies)The employment contract was terminated at the initiative of the employer in connection with the adoption of an unfounded decision that resulted in the unlawful use of the organization’s property, paragraph 9 of part one of Article 81 of the Labor Code of the Russian Federation
Violation of labor duties by the manager (his deputy)The employment contract was terminated at the initiative of the employer due to a one-time gross violation by the employee of his labor duties, paragraph 10 of part one of Article 81 of the Labor Code of the Russian Federation
Submitting false documents when applying for a jobThe employment contract was terminated at the initiative of the employer due to the provision by the employee of forged documents when concluding the employment contract, paragraph 11 of part one of Article 81 of the Labor Code of the Russian Federation

How to dismiss on the initiative of an employee

Filling out a work book when leaving voluntarily in 2021 has a number of nuances. When it is necessary to make an entry in the work book upon dismissal of one’s own free will, the wording in column 3 “terminated employment contract” and not “dismissed of one’s own free will” is appropriate. Some lawyers recommend that when recording voluntary dismissal in the work book, write: “at the initiative of the employee,” since it corresponds to the wording given in the law. We offer you to look at several examples of filling out a work book when leaving at your own request.

Guide to filling out a work book

Labor legislation obliges an employer - an organization or an individual entrepreneur - to maintain work books for each employee who has worked for more than five days, if the work for this employer is the main one for the employee (Articles 66 and 309 of the Labor Code of the Russian Federation). All entries in the work book are made in blue, purple or black ink. And without any abbreviations. The employee presents the work book when concluding an employment contract. There are two cases when presenting a work book is not necessary:

  1. when applying for a part-time job in an organization (Article 283 of the Labor Code of the Russian Federation);
  2. when applying for a job for the first time (Article 65 of the Labor Code of the Russian Federation).

How to fill out the very first one - the title page of the book.

  1. The employee's last name, first name and patronymic are indicated in full. The data can be taken from a passport or other identity document. For example, a driver's license, military ID or foreign passport. Do not replace your first and middle names with initials.
  2. The date of birth is written in Arabic numerals. The date and month are indicated by two-digit codes. And the year is a four-digit code. You should not write the month in words.
  3. Education. The data in this line is entered on the basis of a certificate, certificate or diploma. Here you can indicate “higher professional”, “secondary general”, “secondary vocational education”, etc. You can also indicate here incomplete education of one level or another.
  4. Profession, specialty. Data is also indicated based on educational documents.
  5. Date of completion. Enter the current date on which you are registering the work book. The month can be indicated either in numbers or in words. It won't be a mistake.
  6. Signature of the owner of the book. The employee must sign this column.
  7. Signature of the person responsible for maintaining work records. It is set by the person who actually draws up the document. This is usually the head of the HR department. But since personnel work is often performed by an accountant, his signature may also appear here.
  8. Place for printing. The company seal is affixed. You can also put the seal of the personnel service, if there is one.

All employees who have worked for the company for more than five days must make an entry in the work book. This only applies to your main place of work.

Recruitment

  1. Enter information about the organization in column 3 of the “Work Information” section. Enter the full name of the organization here. And also an abbreviated one, if there is one.
  2. In the “Record No.” column, enter the serial number. Accordingly, if this is the first entry, the column will contain “1”.
  3. Date of. Enter the hire date in Arabic numerals.
  4. At the same level as the date of admission in column 3, enter a record of employment. If you are hiring a person for a specific structural unit, then indicate its name. Here, indicate the name of the employee’s position, according to the staffing table.
  5. In column 4, indicate the number and date of the document on the basis of which the employee was accepted into the organization. As a rule, this is an order for employment.

Part-time hiring

An entry about part-time work is made in the work book at the request of the employee. That is, if the employee does not ask you to do so, you do not need to make an entry. There is no violation in this. But if the employee asked you about this, then enter the data in the same way as your main place of work under the next serial number. The entry is made by the employer at the main place of work on the basis of a certified copy of the employment order or a certificate from the place of part-time work.

Transfer of an employee to another department or to a new position.

If you hired an employee and are now transferring him to another department or to another position, then this must be reflected in the work book. To do this, you need to make a record of the transfer.

  1. In the “Record No.” column, enter the serial number of the record.
  2. Date of. Indicate the transfer date in Arabic numerals.
  3. In column 3, record the transfer. Indicate the department and position in which the employee will now work.
  4. In column 4, indicate the number and date of the document on the basis of which the employee was transferred to a new position or to another department.

Dismissal

When parting with an employee, it is necessary to enter a notice of dismissal in the work book. This must be done in a timely manner. Since on the last working day the work book must be returned to the owner. Otherwise, the company may face fines from the labor inspectorate. And the former employee will have to pay compensation. The most common reason for dismissal is voluntary dismissal.

  1. In the “Record No.” column, enter the serial number of the record.
  2. Date of. The date of dismissal is indicated in Arabic numerals. The date of dismissal is considered to be the employee's last working day.
  3. Column 3 contains a record of dismissal indicating the reasons. A link to the article of the Labor Code on the basis of which the employee was dismissed is also indicated. For example, when dismissing at your own request, you need to refer to paragraph 3 of Article 77 of the Labor Code. If by agreement of the parties, then the reference will be to paragraph 1 of Article 77 of the Labor Code.
  4. Column 4 indicates the number and date of the document on the basis of which the employee was fired. This is usually an order to terminate the employment contract.
  5. When dismissing an employee, all records made during the employee’s work in the company are certified by the company’s seal and the signature of the manager or other person authorized to do so. Ask the employee to sign all entries.

Suppose an incorrect entry is found in the work book and now it needs to be corrected. But do not rush to cross out or cover up erroneous data. The rules for filling out work books prohibit this. The only possible option is to invalidate the entry. And only after that add a new one.

  1. In the “Record No.” column, enter the serial number of the record.
  2. Date of. Indicate the date on which you recognize the erroneous entry as invalid. That is, the date when you make corrections.
  3. In column 3, write “Record No. ___ is invalid.”
  4. In column 2, indicate the date of the new, now correct, entry.
  5. Enter the correct entry in column 3.
  6. In column 4, indicate the number and date of the document on the basis of which you entered the correct data.

on this topic:

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When documents are issued to an employee

A frequent question from employees: when should they hand over their work book upon dismissal? The deadline for issuing a work book to a dismissed employee is clearly established: after a record of dismissal is made in the work record (at his own request or not, it doesn’t matter), the employer is obliged to hand over the form to the citizen on the last day of work.

Sending a work book by mail upon termination of an employment relationship is possible only with the consent of its owner, which must be in writing. This is practiced if the employee warns the employer in advance that he will not be able to be present at the workplace on the day of termination of the contract. This is used if the company's main office is located at a considerable distance from the department in which the person works.

The form must be returned to the owner on time. What to do if a dismissed employee does not show up for him on time? Failure to issue a work book upon dismissal threatens the employer with trouble in the form of a fine of up to 50,000 rubles. To protect himself, the head of the company should send a notice to the former employee by mail asking him to pick up the form from the company’s human resources department or agree to have it sent by mail. This must be done on the last working day of the departing employee.

If the employee does not appear for the form on his own, he has the right to turn for help to a person he trusts - a close relative or co-worker. After registering a power of attorney with a notary, your friend will be able to receive his document from the HR department.

Only after the dismissed employee has received his work book with a notice of dismissal in the appropriate column is this difficult matter put to rest.

When and how it is carried out

A record of dismissal is made on the day of termination of the contract by the employee, or with the issuance of an order from the entrepreneur to this effect.

But in exceptional cases, information can be entered on another day if the day of dismissal does not correspond to the day on which the employee last worked. But this is an exception that is prescribed by the Labor Code or the drawn up agreement.

The registration of a work book according to the Labor Code of the Russian Federation must be carried out properly. The main criterion should be the blue, purple or black color of the pen with any base (gel or paste) with which records are taken.

Also, abbreviations should not be used, and the text should be concise and to the point.

The information recorded in it must correspond to what is written in the order. It is mandatory to indicate the article of the Labor Code that reflects the reason for the break.

The resigning employee is obliged to check the correct contents of his document, and if there are errors, he must indicate and then correct the information.

After such a check, the records are confirmed with the seal of the enterprise, and the personnel officer and employee put their signatures. If the owner does this, then he indicates the agreement and validity of the recorded facts.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

On the last working day upon dismissal, the hirer must receive a work report with all the relevant information correctly entered, which must contain the necessary seals and signatures.

On the day of his dismissal, unless otherwise specified in the contract, the document must be handed over. In other cases, if the employee is absent, it can be transferred by mail or by an interested person.

This is important to know: The employer does not accept a letter of resignation

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