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Published: 06/20/2018
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The work record book is the only general document that contains information about a person’s work experience and places of work before 2002. In any case, it will be difficult and often impossible to recover information over a long period. In this regard, the safety of the book in an enterprise or organization (institution) is of utmost importance.
- Legal regulation of the issue
- Issuance of work books in hand
What is a work book
This is a document that characterizes the history of an individual’s work activity, contains data on length of service, places of work and duration. Providing a book is a mandatory condition when applying for a job.
If the employee does not have a book, it is issued by the employer, provided that the employee works for more than 5 days at the enterprise. The document records all information about the employer, employee and his position, as well as awards, incentives, transfers and dismissal.
It has existed in the Russian Federation since 1939, despite changes in the external form and cover, the essence has remained unchanged. Currently, the model established in 2004 by acts of the Government of the Russian Federation is used.
The requirement for compulsory establishment of a book is provided for in Art. 65 of the Labor Code of the Russian Federation. The employer must be an individual entrepreneur or a legal entity. Individuals who are hired as employees (maid, driver, housekeeper, nanny) are not required to record employee records.
It is especially relevant during the period of calculating total length of service in a situation where the employer has not provided data to the Pension Fund. The only proof of work activity is the book.
Proper storage procedure
The main rule of storage is the procedure for monitoring the safety of personnel documents.
Work books, according to the general provision established by the Labor Code in Article 66, must be kept by the employer throughout the person’s working life. On the day of dismissal, the employer or person in charge hands it over, against signature.
It is issued to an employee accepted under the main employment contract no later than 5 working days, guided by part 4 of article 66 of the Labor Code of the Russian Federation .
Filling out the Labor Code is carried out based on the legal basis of the Labor Code, using standard filling wording, in accordance with the established regulations. The entries must be in perfect appearance and made without blots or corrections.
After filling out the information about hiring, the documents are registered in the corresponding accounting journals. After registration, the documentation is placed in the designated areas.
Organization of storage space
Where should workers' work books be kept and how should work books be stored?
The conditions for storing work books are regulated by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books” .
It determines that this document belongs to the status of documentation subject to the strictest accounting and control. For this reason, the storage location must be provided with appropriate maximum protection .
Almost every employer understands that the absence of direct instructions does not negate the reinsurance of storing work records in a safe or fireproof cabinet of special strength . In emergency situations, a report on the security measures taken will be required from him.
Storing these documents on open shelves in places of easy access is unacceptable. This information is considered personal data, and its loss is fraught with complex legal consequences.
Places for storing TC forms
Newly arrived employees are provided with a work book after being hired. It is started directly at the enterprise, on a new, clean, previously unused form.
The Labor Code form is the basis of an employee’s book, which, however, does not have the same value. Accordingly, its storage is not associated with certain conditions.
Where are blank work record forms stored? Forms can be stored in a place provided by a personnel officer or directly by the manager.
If the forms are damaged, the organization will suffer minor material damage, limited to the purchase of new copies.
However, a conscientious employee is obliged to keep them clean and not leave them in an accessible place, trying to limit them from theft.
Improper storage of forms can provoke criminal intent among morally unreliable persons. Although in many regions TC forms are freely available.
Damaged forms are written off by a special act and destroyed.
Who keeps
The responsibility for storing the book in a safe or other device, as well as the execution and maintenance of the document, rests with the personnel department employees. Its composition and scale depend primarily on the size of the company. If the company is small, or it is an individual entrepreneur, then as a rule an accountant or secretary works with the books.
If the company is large, then there is an authorized specialist in the HR department. In the event of a change in the employee responsible for work books, an acceptance and transfer certificate is signed. This is done so that there are no subsequent difficulties or misunderstandings with the documents themselves and the data inside them.
ATTENTION! The process of appointing an employee responsible for storing work records occurs on the basis of an Order issued by the head of an organization or an individual entrepreneur. The order is drawn up in free form.
Liability order
The transfer of work books and cases related to them occurs after the signing of the liability order. In the matter of registration and storage of work books, the person responsible for them reports directly to the management of the enterprise in case of any changes. The responsible person may be temporarily relieved of his duties in the following cases:
- illness}
- going on vacation}
- due to family circumstances.
The manager is obliged to appoint another employee in place of the absent person responsible for the work book. Along with his appointment, an order is issued, according to which this employee is temporarily responsible for the procedure for storing and processing labor records. The order is issued in each individual case, since it regulates the duties of employees in a particular activity.
https://youtu.be/UgjGFi6_h8A
Places and order of storage
In Russia there is a whole Government Decree dedicated to work books and the procedure for handling them. Among other things, it regulates where workers’ work books should be stored. Thus, clause 42 regulates that inserts from the book belong to strict reporting forms.
In this regard, the places where the document is stored should be such premises or devices that can ensure the safety, security and integrity of the book, and prevent facts of falsification and seizure.
ATTENTION! The completed book itself is not a strict reporting form under the law. But, the organization or entrepreneur is obliged to set aside a metal safe, a separate cabinet, a special room that could exclude the possibility of third parties having access to the papers.
The employer can independently determine the storage location, but safety is the main condition. In this regard, there are no specific requirements for a safe for storing labor records; if such a device is used, it is on the general principles of its operation. There are no special features in the process of storing books.
The process of receiving the book by the employer begins from the moment the citizen is hired; it must be taken by the personnel department employees. Then the person is registered and hired, and work begins with the parallel storage of work books in the organization.
According to the established rules, the document is returned to the owner. How to store the book during the period of employment? In most cases, employees remove it to a designated place or installation. They are taken out only if it is necessary to make an entry or issue a document.
Most of the time he should remain isolated; in no case should strangers be allowed to see the books and the information contained in them.
Where and how should they be stored?
The responsibility for storing workers’ personal books, as well as forms and inserts, rests with the employer (Government Decree “On Work Books”, issued on April 16, 2003 No. 225) (hereinafter referred to as the Labor Code Regulations).
According to clause 42 of this Regulation, book forms refer to strict reporting forms (SSR).
How to store them correctly is indicated in Government Decree No. 359 of May 6, 2008. Paragraph 16 of this resolution states that BSO are stored in metal safes or cabinets, as well as specially equipped rooms. The main condition of the storage location is that it cannot be damaged and documents cannot be stolen from it.
It should be noted that in the regulations on the Labor Code there is no specific indication regarding the classification of issued books as BSO. Thus, the management of the enterprise has the right to independently determine the place for storing such documentation. It is important that this is a safe place in all respects.
Since the books are stored at the enterprise as long as the employment relationship between the employee and the employer is in effect, the latter is responsible for them.
The document is returned to the employee on the day of his dismissal. If an employee has died, his relatives can receive the document against receipt (clause 37 of the Labor Code Regulations).
Watch the video. 10 questions about the work book:
Deadlines
How long does the employer have the document? Exactly throughout the entire period of a person’s working activity. There are some short-term exceptions when the book can be given away, but this will be discussed later.
At the end of the employment relationship, that is, upon dismissal, the document is issued only to the owner. In the event that the death of an employee occurs, relatives can pick up the document against signature.
If an employee has been fired, he must pick up the document from his previous place of work as quickly as possible. Employees put such a book aside from others and give the person 3 months to comply with the requirement. If the book is not collected, then the following actions are observed:
- In the document itself, a note is made that the employee does not have a work permit; he did not collect it within the period prescribed by law.
- In the personal account card that was previously opened for the employee, an entry is made that the document is not in the hands of the owner, the same entry is left in the registration journal.
- Documents confirming the employer’s attempts to return the employee’s labor are included in the personal file.
After 3 months, the work book is considered unclaimed and must be stored along with all documents, only in a separate bundle. Can an employee pick it up? Of course, he must pick her up from the enterprise.
Note! Books recognized as unclaimed are stored for 2 years in the personnel department, then transferred to the archive for storage for at least 50 years.
general information
A work book is a document confirming that a citizen carries out his work activities. Based on the information specified in the Labor Code, the pension is calculated. Therefore, the safety of the document is very important. The work book is kept either by the employee, if he is not employed, or by the employer.
Document forms and inserts for them are subject to strict reporting, so there are certain rules for their storage. Labor management at an enterprise can be carried out by personnel department employees, managers, secretaries or the manager himself, depending on his orders. To do this, he is obliged to issue an appropriate order.
All organizational issues boil down to the following actions:
- appointment of a responsible person;
- purchasing the required number of TC forms and inserts;
- maintaining appropriate records;
- determining the procedure for processing and issuing documents.
Individual entrepreneurs are required to organize the maintenance and storage of technical documentation on their own. They are subject to the same rules as large organizations.
Is it possible to receive the document in hand?
In some exception cases, it is allowed to hand over the document to the owner . In all other situations, a citizen has the right to request a certified copy of a document or an extract from it. Government authorities are not authorized to request the originals of the document, so if you need it, then you can get by with a copy.
An employer can issue a document if:
- The employee needs mandatory social security, for example, a pension, provided that the employment relationship has not been terminated. In this case, the employee writes a statement, picks up the work permit and undertakes to return it within 3 days. This period is calculated from the moment of receipt of the book from the social security authority.
- Upon dismissal, as previously stated.
As you can see, there are not many options, this is due to the importance of the work record, as well as the possible liability of the employer for violating storage rules.
The entire process of moving the work book is recorded in the accounting book (journal). It makes a note about when the document was received by the enterprise; who, when and why took him, details; when a person was fired.
Accounting Rules
Special Rules for maintaining work books have been established. Since the employees of an enterprise often change, some get hired, and some quit, it is necessary to keep records of work books.
For this purpose they are used:
- receipt and expense books;
- logbook for issuing and receiving TC.
The receipt and expenditure book records the forms received and used.
The responsible accounting employee enters the details of the forms in the book, as well as other information that relates to them.
An employee of the HR department is responsible for maintaining the accounting log, who deals with the procedure for registering new employees, as well as dismissal.
This document must contain information about all issued and issued books. In addition, it records the books that new employees submitted when registering.
Important! Both the receipt and expenditure book and the accounting journal must be stitched, the pages are numbered and certified with the company seal.
If a company has branches, employees’ technical records are still stored in one place - in the main office. Storage of technical documentation is also possible in branches, but this will require the creation of a unified personnel service. The director of the branch will draw up books and keep records of them only if such an order is received from the head of the enterprise. Such actions by the branch director without a corresponding order from management will be considered illegal.
To obtain the forms, the HR employee or responsible person needs to request them from the accounting department. At the end of the month, you will need to create a report on the availability of forms.
If the TC was damaged when filling it out, it must be destroyed, but only by order of the manager. Storing damaged documents is prohibited.
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Sometimes unclaimed technical equipment remains at the enterprise. This happens, for example, when an employee died and his relatives did not need this document. Such documentation must be stored for two years, and after that they are transferred to a special authority. archive of the enterprise, where they will be stored for up to 50 years. Only after this they must be destroyed.
The books of dismissed employees should not remain at the same place of work. They are issued immediately on the day of dismissal along with cash payments. In addition, the books of a deceased employee can be transferred to his relatives against signature. In case of refusal to receive a technical certificate, the employer sends it to the owner by mail.
Responsibility for safety
Due to the fact that all data about the places and duration of a person’s work is concentrated in the work book, if it is lost, the possibility of recovery becomes more difficult. Currently, there is no common database that would store all the information about each employee of the Russian Federation, so the loss of a book is a rather problematic issue that it is advisable to avoid.
If a person is unemployed and not officially employed, then he himself is responsible for the integrity of the document. Throughout the employment, the employer becomes responsible for safety.
IMPORTANT! Article 13.25 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of the rules for storing and recording work books. A fine of 200,000 to 300,000 rubles may be imposed on organizations, and on officials from 2,500 to 5,000 rubles.
In some cases, criminal liability may arise, for example, if an employee is refused to issue a document, or if established rules are not followed, which resulted in loss.
Storage
Such important documentation as work records must be stored in a fireproof safe. If this is not possible, you should use a secure cabinet that can be locked with a key. Blank forms should also be stored here and issued to the person responsible for their maintenance upon an application drawn up in any form.
At the end of each month, the personnel officer responsible for work books submits a report to the accounting department, which contains information about the current availability of blank forms and the amounts received for registration, if any. This also applies to earbuds. An invoice containing information about the amounts received for issuing forms and inserts can be drawn up in any form.
If the work book was not received by the employee upon his dismissal due to his refusal, it must be stored in the archives of the enterprise for 50 years. During this period of time, all records are valid, and if the document is issued to its owner, it will be current. Therefore, no matter how long the work book is kept, a pension can be calculated from it, provided it is properly completed.
As for the work record book, if a new one is issued, the old one should also be kept in the archives for 50 years. Thus, if necessary, all archival records about a specific work book will help to find it. For convenience, some businesses create an electronic copy of the log stored on a server or hard drive.
Nuances when preparing and storing work books
There are times when a company does not have a wax seal. In this case, it is advisable to seal the accounting book. The process of making a filling is simple. The ends of the thread holding the book together should be brought to the inside of the cover. There, both ends are glued together with two paper squares. The resulting seal is then secured inside the book to the cover and the company's usual seal is placed on it. It is also possible to affix the personnel service seal. In this case, part of the print should extend beyond the edges of the cover. The last step is to enter the number of pages in the laced book, the date and signature.
There are also various situations in which an employee can request the original work book before his dismissal. It is prohibited to hand out forms while a person is an employee of the company. An exception is the issuance of the original work report in the event that the employee receives a pension in connection with reaching a certain age. The book is issued only against the signature of its owner, who removes all responsibility for its safety from personnel officers for the period specified in the request for issue.
A work record book may also be required when applying for an early pension. But this situation does not imply the issuance of the original form. The employee must be given an extract from the employment record or a copy thereof within three days from the date of submission of the written request. Such issues are discussed in the Labor Rules and the above decisions are legal.
If the work permit is issued without a receipt, the personnel officer will bear all responsibility for its loss. It should be noted that even if a receipt is submitted, this HR department employee will be punished if the reason for issuing the book was not valid.
Employer's actions in case of loss
Despite the fact that in most cases the enterprise has a special storage or devices for work books, there are cases of their loss. What happens in this case and what features exist in different situations? The most common cases are:
- Intentionally or through negligence, one of the HR department employees lost or damaged the document. A duplicate must be issued immediately. In this case, this responsibility is assigned to the employer; information about the period of work of the employee in this organization is indicated. In addition, a generalized note is made about past places of work.
- A natural disaster or emergency , as a result of which all documents are irretrievably lost or damaged. In this case, a special commission is formed, which determines the work experience of each employee on the basis of the remaining documents, or the testimony of other employees, the employer.
In any case, if the work book was lost or damaged due to the fault of the employer, the responsibility for restoration rests with him . I would also like to draw your attention to the fact that if the book forms were damaged, then the employees do not simply throw them away, but create a write-off act and destroy them in the designated place.
Maintenance process
How to keep a work book? The work record book becomes the object of activity of personnel specialists after hiring an employee for permanent work and concluding an employment contract with him.
Since the acceptance of a person to a position is carried out by order, the corresponding order will play an important role in working with this document.
In general, the management process is based on the provisions of Article 66 of the Labor Code of the Russian Federation , it consists of:
- in making appropriate entries reflecting the employee’s career progression within the organization;
- in making entries on incentives or disciplinary sanctions on the basis of Article 191 of the Labor Code of the Russian Federation;
- in proper storage and delivery;
- in responsibility for the transfer to the employee after his dismissal.
After entering information about employment, the document is stored in a safe or other place, which must constitute a professional secret of the personnel service and not be subject to disclosure.
When a new entry is made, it is withdrawn while the information is being processed and returned to its place. Upon dismissal of an employee, the book is returned to the owner against signature, subject to registration of issue .
The entries made comply with the requirements of the established Rules (No. 225) and regulatory instructions, according to which they:
- They are written in template, unified formulations.
- They are entered without blots or errors and correspond to the wording of the order.
- They rely on the foundations of articles of the Labor Code of the Russian Federation.
- If the employee makes the first entry in the Labor Code, he puts his signature on the title page.
Please note that the signature of the person responsible for maintaining work books must be legible, namely it must indicate:
- job title of the person who signed the document;
- personal signature;
- decryption of signature (initials, surname).
Article 66 of the Labor Code of the Russian Federation. Employment history. The work book of the established form is the main document about the employee’s work activity and length of service.
The form, procedure for maintaining and storing work records, as well as the procedure for producing work record forms and providing them to employers are established by the federal executive body authorized by the Government of the Russian Federation.
The employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee.
The work book contains information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work. Information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.
At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.
Part six is no longer valid.
The employee’s right to maintain technical documentation
Who keeps work books for each employee? If the organization has a personnel department (HR department), employees are determined in accordance with job descriptions prescribed for certain positions. As a rule, in this case, the head of the department and persons on his orders have access to the documents.
If there is no such department, the person responsible for maintaining the TC’s office work is appointed by order of the director (manager). The existing employee books are transferred to him by deed. In small organizations, the manager keeps records personally.
An important aspect of the right to work is the responsibility imposed on the person authorized to work with personal data. Since employee books and the information entered in them relate to personal data, the employee must first undergo training and sign for familiarization with the work rules.