Application for registration of a work book for the first time (sample)

How to get a work book, who pays for it

The main regulatory act regulating the timing and scheme for issuing a labor register to a person who gets a job for the first time is Government Decree No. 225 of March 25, 2003. Paragraph 8 directly states that the opening of an employment document for an employee is the responsibility of the employer. Moreover, there is a certain period for this procedure - no more than five working days. The employer does not have the right to send the employee anywhere to get a work permit - it is he who must ensure its availability. To do this, both large and small enterprises purchase labor forms from Goznak in advance and maintain a register of these documents, reporting monthly on their use. This is reflected in the Labor Record Book.

There is no charge for issuing the book, but the employee must pay for the form itself; it is his property (see paragraph 47 of the said resolution). The only exceptions here are cases when the document is damaged or lost due to the fault of the employer. The cost of a work book form (as well as an insert for it) varies from 180 to 250 rubles, depending on the region. In Moscow and St. Petersburg it can reach up to 400 ₽.

A competent personnel officer will never offer a person to deduct the cost of the form from the first salary; this is illegal. You need to take money for the book immediately upon registration, and preferably through the receipt in cash. It is even permissible to lend money to a person if he does not have the funds for this at the moment.

How to get a work book for the first time

There are only 3 ways to purchase (receive) a work book:

The first employer (this may be a legal entity or an individual entrepreneur, but not an individual).
Independently in branches of Rospechat, in bookstores, stationery stores or at the post office (but this is a person’s right, not an obligation).
Some universities are now conducting a kind of PR campaign when they issue blank forms to their graduates along with their diploma. But this does not oblige you to anything.

In any case, it is prohibited to fill out the title sheet yourself; this can only be done by the first employer. Otherwise, the labor register will be declared invalid.

Documents for registration

When applying for a job and filling out the labor register, you need the following package of documents:

passport of a citizen of the Russian Federation (substituting document);
a document certifying information about education (diploma, certificate, etc.), a certificate of acquisition of special knowledge and skills, if required by the specifics of the job;
for citizens liable for military service - military ID;
pension insurance certificate - SNILS (if it has not yet been received, it is issued by the employer);
certificates of additional training or diplomas from advanced training courses (if any, submitted at the request of the new employee);
when hiring for certain positions - a certificate of no criminal record or a document stating that the person has not been prosecuted for the use of narcotic and psychotropic substances.

Based on the first two documents, the labor title card is filled out; the rest will be needed to enter personal information into the employee’s personal card.

A personnel employee does not have the right to enter any data into the labor register without familiarizing himself with the documents that confirm them. Filling out the form according to the employee is prohibited by labor law. The same applies to corrections.

The basis for making any entry in the book can only be the original documents of the employee. This is due to the fact that the information on the title page must be 100% correct, without grammatical errors. After all, an error in even one letter of the full name can lead to the cancellation of the entire document.

Examples of applications for obtaining a labor register - new and duplicate

There are several life situations when a worker has to write an application for a work book:

The first place of work - in this version, the legislative basis for its issuance is paragraph 4 of Article 65 of the Labor Code of the Russian Federation.
By applying for a work book, the employee confirms that this is his first place of employment.
Loss of an existing book, its damage, which does not allow the data to be read. Here you need to refer to paragraph 5 of this article. But the law provides for a mandatory indication of the reason.
If the book is lost, only the length of service that is confirmed by documents will be restored.

Restoration of work record

If the book is lost, the employee must take into account the requirements of paragraph 31 of Resolution No. 225, which states that he must immediately notify the employer at his last place of work. He must, within 15 days from the date of receipt of the application, issue the applicant a duplicate work permit. Moreover, all records from previous places of work can be restored only if there are supporting documents for this, which the employee must submit, for example:

originals of employment agreements;
2-NDFL certificates issued to a person for years of work;
orders regarding labor activity (hiring, dismissal, etc.);
monthly pay stubs, etc.

The full list of documents certifying the length of service is established in paragraph 11 of the Russian Government Decree No. 1015.

The employee pays for the work form (it is recommended to indicate this in the application).

If suddenly a lost book is found when its duplicate is already ready, it is necessary to destroy the duplicate document. Priority is set for the primary work record.

If the employment document is lost due to the fault of the employer, he independently, with the help of a special commission and, of course, at his own expense, restores the document. In this case, an application from the employee is not required.

Let us briefly examine one more point: in practice, it happens that an employee tries to get a second book, deliberately misleading his current employer. There are several reasons for this; as a rule, a person wants:

eliminate data on previous places of employment (dismissal “under article”, inappropriate position, etc.);
radically change the scope of activity;
find a job in two places at the same time.

All of these are punishable acts, both parties need to know that the following liability is provided:

The violator can be fired under the article for providing false information when applying for a job.
If the work report was made for double employment, the employer has the right to recover through the court the personal income tax and contributions that were paid for him from the negligent employee.
The length of service indicated in the unauthorized work record will not be counted when forming a pension.
If during work a person took 2 certificates of incapacity for work and received compensation for both sick leave, this can be regarded as illegal enrichment.
Forgery of documents can also be prosecuted under the Criminal Code of the Russian Federation (Articles 159 and 327).

At what age can you get a work book?

The main document that regulates the issue of age for obtaining a labor register is Article 63 of the Labor Code of the Russian Federation. It states that there are variations:

16 years is the first term established by law. After its execution, there are no restrictions or conditions for issuing a work book to a young man who wants to work.
At the age of 15, to obtain a labor register, a person must:
I only took light work and only if the work did not interfere with my education.
14 years is the age when you can also start working, but:
Written permission from the applicant's parents will be required.
It is possible to officially employ minor children taking part in filming, concerts or sports programs, shows, etc. In this option, the work book is created by the employer, and the employment contract is signed by one of the parents. It must include the following points:
the condition that work activity should not harm the moral or psychological state of the child.

That is, when concluding an employment agreement, the employer must issue a work book to everyone, regardless of the employee’s age. The main thing here is not the fact of issuing the work permit itself, but the correct wording in the contract.

Why do you need a work book?

According to Art. 66 of the Labor Code of the Russian Federation, it is assigned the following functions:

it reflects information about a person’s length of service and experience from the moment of his first employment until retirement;
allows you to find out why a person left his previous job;
contains information about the availability of awards for conscientious work

Only a HR specialist can make entries in it. The title page is completed in the presence of the owner of the document. To confirm the correctness of the entered data, he puts his signature.

So, to get this document, you need to get a job.

When can a work book be issued to an employee?

During the period when the employee is registered at the enterprise at his main place of work, the labor record is stored in the personnel management service (in personnel). Part-time workers register their employment at their main place.

In fact, there is only one option when a labor register is issued to an employee - dismissal. In all other life situations, as a rule, an official extract (certified by the employer’s seal) or a notarized copy of the original is prepared. One of these documents must be provided to the employee within three days after his written application.

The Labor Code does not contain a direct ban on the issuance of work books to employees. But when considering this issue, one must rely on Resolution No. 225, which determines that while a person is registered at the enterprise, the employer bears full responsibility for organizing the work of maintaining, storing, recording and issuing work books. Or rather, an official appointed by order for the enterprise. Therefore, if the work document is lost or damaged during this period, all responsibility will be assigned to the personnel officer. Even if the employee signed in the logbook that he received it. That is, the personnel officer can issue a book, but it is safer to make a copy of it (see Rostrud notification No. 656–6-0).

For the Pension Fund you need to make a complete copy of the labor register. And for other institutions a simple extract from the employment record will be enough; it may be needed:

when contacting a credit institution;
for submission to the FSSP, for example, bailiffs may require it when assigning alimony;
upon receipt of a passport or visa;
if the employee needs to confirm qualifications.

The employee does not return the borrowed work

An employer may find itself in a difficult situation if an employee asks for a work permit and does not return it. It is even more unpleasant when the work permit is issued on a legal basis, for example, to apply for a pension: the Pension Fund of the Russian Federation is required to provide the original of the Labor Code of the Russian Federation in Art. 62 allows and even orders such extradition. The legislation does not indicate what the employer should do and what the employee may face for this.

An employer cannot bring a negligent employee to disciplinary liability, because failure to return work is not included in the list of offenses for which it is provided for (Article 21 of the Labor Code of the Russian Federation). If the work permit was issued on parole, the employer may be punished by control authorities, since responsibility for storing these documents rests with him. But if the issuance was on a legal basis, the employer is not guilty of the absence of labor on site. To protect yourself, you should ask the employee for an explanation of the reason for the delay in return,

support it with a request to the Pension Fund. If an employee has lost his or her work record before or after using it to apply for a pension, the employer must issue a duplicate within 15 days.

Methods of transferring a work book to an employee

The employer must hand over to the employee his work book only on the last day of his work at the enterprise with a notice of dismissal included in it. The exception here is when the employee first goes on vacation and quits without going to work. Then the work permit is issued on the first day of the registered vacation.

Both the employer and the employee should remember that if the labor register is not issued on time, the dismissed person has the right to compensation. Labor law regards such a delay as an obstacle to a person’s employment. Compensation will be calculated for each day of delay.

Registration of a work book provides for the affixing of a seal only in the event of dismissal (or reorganization). There is no stamp placed upon hiring.

The second way to issue a labor document when a person has left and does not come for the document is to send a notification to the address indicated in the personal file that he should receive his labor register. It indicates the outgoing number of the document flow letter, the date of sending, and then outlines the essence of the matter. The document is endorsed by the general director of the enterprise.

The notification is drawn up in free form; you need company details and a statement of the essence

It may be noted here that a former employee can consent to the sending of his document by post, but only by stating this in writing (indicating the exact address). The register must be sent by registered mail with a list of the contents and a receipt. An employee of the personnel service has the right to put down all the marks and entries required by law in the book for recording the movement of work records. The fact is recorded by a postal receipt of dispatch and a subsequent notification of delivery. Accordingly, all records provide a link to postal documents.

Please note: in a labor dispute, the court sides with the employer if the company’s internal regulations state that the employee is obliged to promptly (indicating the time frame) inform the personnel officer responsible for document flow information when changing the address of residence. Then any argument (like “I didn’t receive a notification because I don’t live there”) is invalid.

Often HR officers have a question: is it possible to issue a document to a person who came with a power of attorney issued by the owner of the book. The Labor Code of the Russian Federation, as well as other normative acts of labor law, do not provide for such a procedure. And this is logical, since as long as there is an employment relationship between the employer and the employee, the labor register must be kept in the company, and can only be issued on the day of dismissal. This is regulated by Article 841 of the Labor Code of the Russian Federation. But the day after dismissal, all relations with the former employee are regulated not by labor law, but by civil law. And it follows from this that, based on Article 185 of the Civil Code of the Russian Federation, a person has the right to appoint a proxy to receive the document. The former employer must issue him a work book, but only if all the conditions are met:

the power of attorney is certified by a notary (in accordance with Article 185 of the Civil Code of the Russian Federation);
the power of attorney contains complete information about both parties - full name, passport details and address of residence;
the authorized representative presented the original passport for identification;
the power of attorney indicates the specific actions for which it was issued (in our case - to obtain a work permit from a specific company, sign for receipt in a journal, a T-2 card, make sure that it is correctly executed, etc.);
The power of attorney contains the date of issue and its validity period. Without the first requisite, the paper is invalid (see Article 186 of the Civil Code of the Russian Federation). If a specific period is not specified, it is valid for one year (the maximum validity period of a power of attorney is 3 years).

The main thing is that the power of attorney is properly executed

Plus, in this case, it is necessary to take a receipt from the recipient for receiving the labor document, where it should be noted that there are no claims on his part regarding the registration of the book.

The HR employee must check all documents from the recipient, record his passport details and endorse the receipt

At what age is a work book issued?

Labor legal relations are formalized no earlier than when the employee reaches the age of eighteen. In this regard, the registration of work books to record the official place of work begins at the age of eighteen.

In exceptional cases, an employer can formalize an employment relationship by filling out a work book form with an employee who has reached the age of fourteen years, but only if the conclusion of this type of employment relationship has the written consent of the parents or legal representatives of such an employee, as well as the guardianship authorities and trustee. In addition, when drawing up an employment contract and work book for such an employee, it should be remembered that for such an employee special attention should be paid to compliance with his rights and obligations, and the work he performs should not have a negative impact on the education he receives (if such an employee combines the receipt of general education within a school or other educational institution at the general educational level and official employment under an employment contract).

Actions when an employee refuses to pick up a work book

The algorithm of steps in the case when an employee does not want to pick up his work book may be as follows:

If on the last working day a person flatly refuses to endorse HR document forms and receive a work permit, a report about this is drawn up. Two witnesses are enough to confirm this fact with their signatures.
The act must be signed by the initiator and witnessed by two employees
The personnel officer must still send a notification to the employee with a reminder that the Labor Code of the Russian Federation obliges the employer to issue him a work book and that he has the right to pick up the document both in person and by mail, but this requires his consent. It is worth noting that after this notification, demands for payments for the delay of the book will no longer be valid.
When notifying the employee about the need to obtain a book, give him options
After this, refusal marks are placed in internal documents.

Video instructions: issuing a work certificate upon dismissal

Where and how to buy the form?

The Labor Code of the Russian Federation, as well as the Instructions for filling out work books, approved by the Ministry of Labor of the Russian Federation, contains an indication that this document, during its initial registration, when it comes to the first employment, is issued by the employer from its own reserves or purchased for provision to the employee.

If for some reason the employer does not have work books in reserve, the employee can purchase the form at his own expense, but then write an application for reimbursement of costs , providing the employer with sales and cash receipts for the purchase of this document form.

If the form was damaged the first time it was filled out, even if it was purchased by the employee, it is the employer who is required to issue a new one as a replacement.

The cost of this document varies depending on the region and ranges from 180 to 250 rubles. In this case, you should purchase only those forms that are produced by Goznak and have the appropriate degrees of protection.

Otherwise, the employer may not accept this document for use and completion.

How and to whom is a work book issued in the event of the death of an employee?

Issuing a work permit to the relatives of a deceased employee is an important issue, since this is the basis for compensation payments from the enterprise, the relatives receiving a part of the funded pension, etc.

Here one should rely on the Labor Code, where Article 83 states that the death of an employee is one of the grounds for unilateral termination of an employment contract. To issue an appropriate order, you need a person’s death certificate or a court decision according to which he is declared missing or dead. Only original documents can be accepted.

For the order, only form No. T-8 is used; you can download the document using the hyperlink. The order must contain the following information:

Company name (full).
The serial number of the order (according to the numbering adopted by the company) and the date of its preparation.
The period of validity of the employment contract is from the moment of conclusion to the day indicated on the death certificate.
A note indicating that this is precisely the termination of the employment contract. In this case, the wording “dismiss” should be crossed out with a thin line.
Basic data of the former employee - full name, personnel number, department where he was registered, position, etc.
The basis for termination of the contract is clause 6 of part 1 of Article 83 of the Labor Code of the Russian Federation.
Details of a person's death certificate.
Director's visa with transcript.

The order on form T-8 is slightly different from the standard dismissal order

After issuing and registering the order, the personnel employee begins to draw up the work book, transferring its details and wording to the register. The entry is formulated as follows: “The employment contract was terminated due to the death of the employee.”

The regulatory regulations for issuing a work book for a deceased employee are enshrined in Part 37 of Section IV of the Decree of the Government of the Russian Federation “On Work Books”. It states here that the work permit can only be issued to a relative of a deceased employee. His identity must be identified. For example, if a wife receives a work permit, in addition to her passport, a marriage registration certificate must be presented. For children, parents, sisters or brothers, you will need a passport and birth certificate. This norm is also specified in the instructions of the Ministry of Labor, which regulates the rules for filling out and storing labor registers.

The same issuance methods apply here:

Handover personally into the hands of one of the relatives. In this option, the recipient must write a receipt confirming that the work book has been issued to him. It is compiled in any form, but in compliance with standard document flow rules. That is, the document must contain:
recipient's identification data (passport and residential address);
details of the work book in whose name it is written out;
information about the relationship of the deceased recipient;
recording the refusal of claims against the employer regarding registration of the book.
The personnel officer must record at the bottom of the receipt the details of the documents that were presented by the recipient
Direction by mail to the address of one of the relatives. Here you need to first obtain a statement from a relative indicating his full address of residence (with zip code). As with the standard sending of labor, in this option an inventory of the attachment is drawn up, the letter is sent by registered mail with delivery notification.

Please note that the transfer of the labor register to a relative must comply with all other procedural points, including:

familiarization with the order to terminate the contract (with the deceased);
endorsement of the fact of receipt of the book in the accounting journal;
providing a receipt for receipt.

If several relatives are applying for a work record book (and compensation), it should be noted that the personnel officer is not required to understand the degrees of relationship. It is recommended to simply issue the register to the first person who comes and registers their right accordingly. Subsequent applicants for obtaining a work record are simply issued a certificate indicating: the date, full name of the person who received the document, and the reasons for which the work record was issued to him.

Results

To obtain a work book for the first time, you must:

get officially employed;
contact the employer orally with a request to issue a work book;
wait for the hiring order to be issued, receive a copy of it and read it against your signature;
make sure that the HR department employee has made the appropriate entry in the book, and the book itself has been properly registered.

The employer is given 5 days to complete the book correctly. He will be fined for violating the deadlines.

Procedure for issuance upon dismissal

Termination of the employment agreement is accompanied by the issuance of a book. Based on the dismissal order, certain information is entered into the document:

date of departure;
reason for termination of the agreement.

The book is issued on the last day of the citizen’s presence along with full payment. Gratitude and probationary period are not indicated in it. A delay in the employee receiving the document threatens management with a financial fine, as well as the need to pay compensation to the employee for all days of illegal deduction.

If on the last day specified in the order the employee did not pick up the book, then the employer sends a notification by mail about the need to receive the document. After sending such a letter, regardless of whether the person came, the company ceases to be responsible for the retention.

Clarifying how to obtain a work book in the event of the death of a citizen, we note that it is issued to one of the relatives or sent by mail. The second option requires a written request from the receiving party.