Sample application for transfer to an electronic work book in 2021 and 2021

Publication date 01/28/2020

In accordance with the amendments made to the Labor Code of the Russian Federation by Federal Law No. 439-FZ of December 16, 2019, starting from 2021, employers received the right to issue employee work books in electronic form (Article 66.1 of the Labor Code of the Russian Federation).

This format has a number of advantages over the traditional paper version. Firstly, it is impossible to lose an e-book.

The information will be stored on a server, and the employee or employer will be able to access it online. In addition, employers are freed from the need to purchase, register, maintain and store paper work books.

Time frame for switching to an electronic work record book

The start date for the transition to electronic work books is set at January 1, 2021. Throughout 2021, the transition to an electronic work record book will be voluntary. Citizens already employed and hired during 2021 will be able to independently choose whether to continue using the paper version of the book or switch to an electronic one. Those who get a job for the first time from the beginning of 2021 will no longer have such a choice. Their work records will immediately be maintained electronically.

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The employee does not want an electronic work record book
Example and procedure for filling out an electronic work book

What information will be in the electronic work book?

The electronic work book must contain the entire list of information that is entered into its paper version, namely:

FULL NAME. employee;
place of work;
work periods;
position (profession, specialty);
qualification (rank, class, category, skill level);
dates of hiring, dismissal, transfer to another job;
grounds for dismissal.

How can an employee obtain information from a work record book?

The employee periodically needs information from his work record book. For example, to get a loan, to pass an interview, etc. If, in the case of a paper version of a work book, an employee needs to request an extract from it from the employer, forcing him to do additional paper work, in the case of an electronic document, this process has become simpler. Information from the electronic book can be obtained (Article 66.1 of the Labor Code of the Russian Federation):

at the last employer;
upon request to the Pension Fund or MFC;
in your personal account on the Pension Fund website or the State Services portal.

Upon employment, the employee will be able to present the employer with an electronic work book either in printed form or in electronic form with a digital signature. The issue of providing an electronic work record book to other organizations (banks, consulates, etc.) remains unresolved today. We believe that this issue will be resolved by amending the regulations, or employers will have to submit copies in electronic form (signed with the employer’s electronic signature) or printed on paper.

How to switch to using an electronic work book?

To switch to electronic work books, the employer must take a number of actions and make changes to some local documents. Let's look at these actions in more detail.

Notify employees about the introduction of electronic work books

First of all, it is necessary to convey to employees information about the possibility of transferring information from a paper work book to an electronic one, as well as their right to keep a paper work book. To do this, an appropriate document (for example, a notice) should be issued and all employees should be familiar with it. This can be done in accordance with the general procedure established for familiarizing workers with local regulations. Each employee who has read the text of the notification must confirm this by affixing a signature either on the notification itself or on the notification sheet. The deadline is June 30, 2021 inclusive (Clause 4, Part 1, Article 2 of Federal Law No. 439-FZ of December 16, 2019).

Receive an application from the employee to save a paper work book or to maintain an electronic work book

No later than December 31, 2021, employees must write to the employer an application to retain a paper work book or to switch to an electronic work book. Information about the application submitted by the employee is included in the information about his work activity transmitted to the Pension Fund of the Russian Federation (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

The application is drawn up in any form, which the employer can develop independently.

If the employer has received such a statement from the employee, he is obliged to maintain his paper work book according to the old rules, as well as an electronic work book. The employee’s right to maintain a paper work book will remain with him even when moving to other employers, while he retains the right to refuse it and switch to an electronic work book (Parts 4, 5, Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

Employees who want to completely switch to an electronic work book must also contact their employer with a corresponding application.

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Electronic work books are maintained from the date of application. In this case, a paper work book is handed over to the employee. It is necessary to make an entry in the paper work book that the employee has submitted an application for the employer to provide him with information about his work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 3 of Article 2 of Federal Law No. 439-FZ of December 16, 2019).

The procedure for making such an entry is not established by law. In our opinion, the entry might look like this:

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)

Name, date and number of the document on the basis of which the entry was made

Closed Joint Stock Company "Magnit" (ZAO "Magnit")

Recruited to the legal department as a lawyer

Order dated October 7, 2019 No. 358

An application was submitted to provide information about labor activity in accordance with Article 66.1 of the Labor Code of the Russian Federation.

Statement dated 01/31/2020

HR specialist Perova M.I. Perova

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

If during 2021 the employee did not submit any of these applications, his work record book should be kept on paper simultaneously with the electronic form (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

Employees who did not have the opportunity to contact their employer with these applications before 12/31/2020 can do so at any other time after this date. Such employees include:

employees who, as of December 31, 2020, were not fulfilling their job duties, but they retained their place of work, including for the period of: temporary disability;
vacations;
suspension from work in cases provided for by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation;

persons who have work experience under an employment contract (service contract), but as of December 31, 2020 were not in an employment (service) relationship.

For employees starting work for the first time, starting from 01/01/2021, paper work books will not be issued. Information on the labor activities of such employees is maintained exclusively in electronic form (Part 8 of Article 2 of Federal Law No. 439-FZ of December 16, 2019).

Make changes to local regulations, collective and labor agreements

First of all, an audit of internal documents, local regulations, collective and labor agreements that regulate the procedure for registration, maintenance and storage of employee work books should be carried out. If necessary, changes should be made to such documents to allow work records to be kept not only in paper, but also in electronic form.

In particular, changes may require:

Book of accounting of the movement of work books, their forms and inserts. If an employee refuses to use a paper work book, there will be no need to keep records of it. After the paper book is issued to the employee, the date of issue of the work book to the employee, as well as the employee’s receipt of the work book, must be entered in the Book of Records of the Movement of Work Books.
Regulations on the maintenance and storage of work books. Some organizations formalize the procedure for filling out, maintaining and storing work books in the form of an independent local regulatory act. This document is optional and can have any name. However, if the organization has such a document and it provides for the possibility of maintaining work books only on paper, changes should be made to it, according to which the work book can also be electronic.
Labor and collective agreements. Including conditions on the procedure for maintaining work records in the text of an employment contract is practically not practiced. However, if the contract still contains such a condition, you should check whether it contradicts the new rules for drawing up work books and, if necessary, change it. Read more about how to make changes to an employment contract here. The procedure for changing the terms of a collective agreement can be found in this article.
Other local regulations and documents containing rules for drawing up work books. The conditions contained in such documents must be brought into line with the new rules for issuing electronic work books.

Changes to a local regulatory act are made in the same order in which it was adopted. For example, if, in order to adopt a local act, the head of the organization issued a corresponding order, signed it, after which the employees were familiarized with its text, changes are made in the same order: 1) issuing an order to amend the local normative act; 2) signing of the order by the manager; 3) familiarization of employees with the text of the order to make changes.

If, in order to adopt a local act to which changes are made, taking into account the opinion of the representative body of workers (trade union) is mandatory, changes to it can also only be made in compliance with the procedure for taking into account the opinion of the trade union (Part 2 of Article 8, Article 372 of the Labor Code of the Russian Federation).

Transfer employee data to the Pension Fund

In connection with the introduction of electronic work books, employers are required, from 01/01/2020, to submit information about the labor activities of employees to the Pension Fund of Russia. The corresponding changes were made to Article 11 of the Federal Law of April 1, 1996 No. 27-FZ on persuance accounting by the Federal Law of December 16, 2019 No. 436-FZ.

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Reporting must be submitted in the form SZV-TD, approved. by resolution of the Pension Fund Board of December 25, 2019 No. 730p.

If the number of employees for the previous reporting period (month) does not exceed 24 people, information can be submitted to the Pension Fund either on paper or in the form of an electronic document signed with an enhanced qualified electronic signature. If there are 25 or more employees - only in electronic form with an enhanced qualified electronic signature (clause 2.6 of Article 11 of the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system (hereinafter referred to as Law No. 27 -FZ)).

From 01/01/2020, information must be submitted to the Pension Fund no later than the 15th day of the month following the month in which any of the following events took place (clause 1, clause 2.5, article 11 of Law No. 27-FZ).

recruitment;
transfer to another permanent job;
dismissal;
the employee submits a statement that he asks to continue to keep a paper work record book for him;
an employee’s application to provide him with information about his work activity.

Thus, information must be submitted to the Pension Fund for the first time no later than February 15, 2021 for January 2021.

From 01.01.2021, a personal reporting form will need to be sent to the Pension Fund (clause 2, clause 2.5, article 11 of Law No. 27-FZ):

in the case of filing an application to continue maintaining a paper work book or an application to provide information about labor activity (switching to maintaining an electronic work book), as well as in the case of transfer to another permanent job - no later than the 15th day of the month following the month in which you had place of transfer to another permanent job or submission of an appropriate application;
in case of hiring or dismissal - no later than the working day following the day of issuance of the relevant order (instruction), as well as other decisions or documents confirming the formalization of the employment relationship.

In addition to submitting information to the pension fund, the employer is also responsible for providing information about the employee’s work activities. In addition, the employee has the right to request such information from the database of the Pension Fund of the Russian Federation. Information about the employee’s work activity is provided upon request using a separate form. Initially it was planned that this would be the SZI-TD form, the draft of which the Pension Fund had previously published on its website, but later the Ministry of Labor published a draft order approving other forms:

for filling out by the employer - form STD-R “Information on labor activity provided to the employee by the employer”;
for filling out by the Pension Fund of Russia - form STD-PFR “Information on labor activity provided from the information resources of the Pension Fund of the Russian Federation.”

At the moment, the forms have not been officially approved.

What punishment is provided for failure to provide information about work activity or its unreliability?

Failure to provide information about labor activity or submitting it in violation of the deadline threatens to bring administrative liability for violation of labor legislation, that is, under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (clause 9 of Article 1 of the Federal Law of December 16, 2019 No. 436-FZ).

In addition, the draft amendments to the Code of Administrative Offenses of the Russian Federation provide for the responsibility of the employer for repeated (twice or more times during the year) violation of the deadlines for submitting information about work activity to the Pension Fund of the Russian Federation in the form of a warning to the official.

The procedure for registering a work book

A work book is a document reflecting the work history of a citizen. When a person applies for an old-age pension, it is the work book that serves as official confirmation of his work experience.

Please note: a citizen does not have the right to fill out his work book on his own; this is the responsibility of the personnel officer or other representative of the employer. The law does not oblige a new employee to write an application for a work book for the first time, but a sample of it will be useful if such a document is provided for by the rules of the employing organization.

If an employee for whom a work book was opened at the first place of work gets a job in another company, a second book is not issued. In the second place of work, the citizen works part-time. The law leaves it to the discretion of the employee whether or not to include information about this work period in the work book. An appointment for a second place of work is made by the personnel officer at the main place; for this you need to present him with a supporting document (a certificate, or a copy of the order, or a copy of the employment contract).

This is important to know: Changing the position in the work book: sample 2021

Forms and samples of notifications and applications

The forms of notification and statements are not established . Each employer must approve them independently.

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We offer possible forms for applications from employees and notifications about the transition to electronic (digital) work books in 2021:

Form 2021 notification of the transition to electronic work books: forms

Sample 2021 of filling out an employee’s notification of the transition to electronic work books in 2021:

Expert opinion

Davydov Alexander Yurievich

Civil law consultant with 20 years of practice. Author of numerous articles on legal topics

To notify each employee in writing about the transition to electronic work books no later than October 31, 2021 , you can use the following notification:

Form 2021 for an employee’s application to maintain a paper work book: forms

Sample 2021 for an employee to fill out an application to maintain a paper work book: download an example

If an employee wants to continue to keep a paper work record book, he submits the following application:

Form 2021 application for transition to an electronic work book: forms
Sample 2021 for an employee to fill out an application to switch to an electronic work book: download example

To start generating information about work activities in electronic form and abandon the paper work book, you need to receive a special application from the employee about switching to digital. Here's a possible example:

ConsultantPlus has detailed step-by-step instructions on how an employer can prepare for the transition to electronic work books in 2021. Free 2 days when registering access to the K+ system.

Employees must submit applications by December 31, 2021. However, according to the law, you can submit an application after 2021 (Article 2 of Law No. 439-FZ dated December 16, 2019).

Purchasing a work book

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

When figuring out how to get a work book for the first time, it is important not to make a mistake about who should purchase the document form - the employee himself in a bookstore (at the market, at a kiosk) or the employer.

It is not recommended to buy a work book form yourself, since there is a risk of buying a copy that does not meet current standards or was manufactured by an enterprise that does not have the right to produce such forms.

Important: the employer is obliged to purchase work books for staff, and he does not have the right to demand that the hired employee buy the form on his own.

The employer must also:

maintain a special book for recording the issuance, storage and receipt and expenditure of work books, where documents of new employees are registered;
store workers’ work books, being responsible for their safety;
hand out a work book to the employee upon his dismissal, making an appropriate entry in the above book.

Types of applications for transition to an electronic work book

The choice is as follows:

the employee submits an application asking to continue to keep his work record book in paper form. The employer draws up an electronic version of the document,, if necessary, subsequently maintains the ETC, duplicates entries in a paper book and adheres to the rules for its storage in accordance with the law;
the employee submits an application about the desire to digitize information about his work experience and store it only in electronic form. Then the employer creates an electronic document format and hands the paper one to the employee.

The paper work record book must be kept by the employee independently. It is still a necessary document for assigning a pension, since information will begin to accumulate in electronic format from 2021.

Storing the document and issuing it to the employee

A work record book stored in an organization cannot be handed over to an employee during the period when they are in an employment relationship with the employer. If an employee needs this document to be submitted to one or another authority, the citizen must contact the employer with an application for a copy of the work record book or an extract from it.

The employer is obliged to satisfy this application, and the authorities do not have the right to demand the original document from the person whose work book is kept at the main place of work.

Contents of the statement

An application for the issuance of a work book is always made in writing. And this, first of all, is necessary for the employer to properly maintain personnel documentation. The form of the document has not been approved, so if the organization does not have a sample or form approved by local regulations, we recommend using the example posted on the website.

The statement reflects:

position, full name head of an organization or individual entrepreneur;
full name, position, department of the applicant;
please provide a work record book and purpose: to apply for a pension;
notification of the employee’s obligation to return the document within 3 days;
date and signature.

If the employer does not keep a log of the issuance of work books, then we recommend writing in the text of the application when the document was actually received in person, or issuing a receipt for receipt.

A third party has the right to receive a work book in relation to an employee only upon presentation of a notarized power of attorney to sign documents (for an application for the issuance of a work book) and to receive documents or a general power of attorney.

Clarifying questions on the topic

How is a work book issued? What type of application is needed?

A work book is a document that stores information about a person’s work activity throughout his life. First of all, this information is necessary to assign a pension.

On January 1, 2021, amendments to the Labor Code came into force, giving rise to the transition of work books to a digital format, which will ultimately make it possible to get rid of paper media and store information in the database of the Pension Fund of the Russian Federation. To make the transition to digitalization of work experience, each employee must submit an application to the employer to choose the method of maintaining a work record.

The application deadline is December 31, 2021.

general information

Surely many have lost or heard from friends about the loss of a passport of a citizen of our country. Of course, the situation is not pleasant, but you must admit that the passport can be restored since all the information contained in it is stored in the FMS office.

the restoration of work records is different . If you have lost your work book, how can you get a new one and what entries should you make? How to correctly fill out a new work book if the old one is lost?

This means that if it is lost, it is almost impossible to properly restore all the information contained in them. As sad as it may be, such situations happen quite often.

Some people lose their work documents on their own, while others lose them in the organization’s archives.

One way or another, if such a situation occurs, a new work book is urgently needed to replace the lost one.

The question also often arises: if the work book has expired, how to start a new one? We will try to answer these questions in our article. So, how to properly issue a new work book?

How to correctly write an application for the transition to an electronic work book?

All applications addressed to the employer are drawn up in a free format. The following details are required:

information about the addressee (full name of the head and name of the organization);
information about who is sending the application (position and full name of the employee);
the contents of the application indicating how information about work activities will subsequently be generated;
personal signature and date of application.

The form can be developed by the employer himself and offered for completion. It is permissible to attach it when sending a notification about the transition to the ETC.

Who buys and pays for the work book form

An employer does not have the right to require a new employee to buy an employment form himself. Work books are strict reporting forms produced by Goznak, which the employer must keep records of in a special income and expense book. Forms are purchased from their manufacturer or distributor on the basis of an agreement with him (clauses 3 and 4 of the Procedure for providing employers with forms, approved by Order of the Ministry of Finance dated December 22, 2003 No. 117n).

The employer cannot accept new employment forms from people applying for a job, since he has no way to verify their authenticity. In addition, Art. 65 of the Labor Code of the Russian Federation directly obliges the employer to draw up work books for employees, for which the enterprise must have a supply of blank book forms and inserts for them (clause 44 of the Rules for maintaining and storing work books).

The employer may charge the employee the cost of the work book, taking into account the costs of acquiring it. In practice, this means that the price may include not only the price of the form itself, but also, for example, transportation costs.

Where is it stored?

The method of storing a paper document on work experience depends on which option for maintaining a work record book is chosen by the employee:

independently, if the application contains a method for generating only an electronic document. All responsibility for storage then lies with the citizen himself. The paper work book does not lose its relevance when confirming the work path until 2021. Records will be generated in the ETC starting in 2021;
from the employer in accordance with the rules for maintaining and storing work books, if the employee has chosen to duplicate records in paper form. In this case, nothing changes, the book is in the custody of the employer and the entries are simultaneously entered into both the ETC and the paper version.

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