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Published: 06/19/2018
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A work book is a document containing all the basic information about a citizen’s work activity. This document serves both to confirm the professional qualifications and competence of a citizen for employment, and to determine the size of the labor pension upon reaching the appropriate age.
A work record book is created upon the first official employment of a citizen. Throughout his working career, all operations for maintaining and storing this document are carried out by authorized employees of the personnel services of the employing organizations in accordance with legally approved instructions and rules.
- Name of position and structural unit
- Entering information about the structural unit
- Entry on renaming a position in the work book
- Making a record of renaming a position
In accordance with current standards, not only entries are made into the work book confirming the facts of employment and subsequent dismissal of the employee, but also entries indicating personnel changes that in one way or another affect him (the employee) - both within a separate structural unit and within on an organization-wide scale. One of the cases that requires making a corresponding entry in the employee’s work book is the renaming of his position.
How to record a job title change
In the course of work, the head of the enterprise can change the staffing table at his own discretion. For example, when a company's activities expand, the names of positions occupied by employees change.
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- The employee does not want an electronic work record book
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For example, a person works as a sales consultant, and after the reorganization of the division he will become a sales department manager. A sample entry in his employment record about the renaming of a position necessarily reflects this change - the old and new title of the position in full.
Before recording a change in position in a sample work book, the employer is obliged to correctly formalize such renaming. This must be done in 3 stages:
1 | Draw up an additional agreement to the previously concluded employment contract. It must be signed by the employer and employee. |
2 | Issue an order specifying the new title of the employee’s position. The order must indicate why the renaming was carried out. For example, the reason may be a reduction in staff or another change in staffing. |
3 | Make appropriate changes to the employee’s personal card and other personnel documents. After this, the information is recorded in the work book. |
There is no single exact wording for this, so information can be entered in a conditionally free form. So, in the work book they put the date of change, the serial number of the entry, and in the 3rd column it is necessary to write that the title of the position has been changed. The last column indicates the number of the order due to which the renaming was carried out.
The following shows an example of renaming a position in a work book:
Entry no. | date | 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 | ||
number | month | year | |||
1 | 2 | 3 | 4 | ||
Limited Liability Company "Guru" (LLC "Guru") | |||||
1 | 17 | 08 | 2016 | Recruited to the Directorate for the position of Chief Lawyer | Order dated August 17, 2016 No. 08/16 |
2 | 25 | 09 | 2018 | The position of “Chief Lawyer” has been renamed to “Leading Lawyer-Deputy Director for Legal Affairs” | Order dated September 25, 2018 No. 39/18 |
A few words about job titles
There are many professions with obvious names: no one will have any questions about what to call an accountant, director or salesperson in the staff list. But it also happens differently: there is functionality, a list of responsibilities, but what to name the employee who will perform them is not clear
And does it matter? Why not call the cleaner a cleaning manager?
Whatever the reasons for which it is necessary to change the name, first of all you need to decide whether the employee’s functionality is changing - the algorithm of actions for these two situations will differ.
Let's remember two important rules when you need to approach the name with special attention:
The law provides for benefits and compensation (see Resolution of the Cabinet of Ministers of the USSR No. 10 of January 26, 1991) - example 1. There are restrictions (for example, Article 265 of the Labor Code of the Russian Federation, as well as Resolution of the Government of the Russian Federation of February 25, 2000 No. 163) - example 2.
In addition, sometimes it is necessary to rename due to changes in qualification reference books (previously it was “occupational safety engineer”, now it is “occupational safety specialist”).
Example 1. If a miner involved in surveying work is simply called a worker, the Pension Fund will not count the period of his work as a preferential period for granting an early pension. It is necessary that the name corresponds to that specified in the Unified Qualification Directory and lists approved by the Resolution of the Cabinet of Ministers.
Example 2. If you hire a minor as a loader, the labor inspectorate may have questions (a 17-year-old teenager should not lift more than 4 kg), which means it is better to name the position not “loader”, but, for example, “logistics department employee” .
How to reflect a department name change
When reorganizing an enterprise, you also have to make an entry in the work book about the renaming of the department. However, it is not always included: if the name of the department was not indicated when hiring, then you do not need to enter it during reorganization.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If it was not initially indicated that she would work in the cosmetics department, then when transferring to the food products department, no additional entries need to be made in the work book.
This is important to know: Filling out a work book for someone hired for the first time: sample 2021
If the name of the department is an essential condition for employment, then an entry in the employment record about renaming the department must be made. This is necessary if, after restructuring the company's structure, the old department was completely abolished, merged with another structural unit, or simply received a new name.
In this case, the date and serial number of the entry are entered in the work book, after which the information is recorded that the employee was hired in a specific department, indicating the position at the enterprise. In the fourth column indicate the number of the order according to which the old name of the unit was replaced with a new one.
A change in position should not be considered a transfer
Experts who are inclined to believe that the renaming of a position is not related to the transfer procedure rely on the fact that the employee’s labor function is preserved.
However, you should make entries in the necessary documents, as well as draw up and sign an agreement with the employee.
The procedure with this approach looks similar, only the order, additional agreement and work book will talk about renaming.
There is no need to make changes to the job description.
In general, approaching this issue from the point of view of renaming the position seems logically more justified, because the employee’s responsibilities remain the same. However, both options will not be considered incorrect.
Employment history
The Labor Code and some by-laws impose requirements on organizations and individual entrepreneurs to compulsorily record the work activities and length of service of their employees.
Based on the provisions of Article 66 of the Labor Code of the Russian Federation, the work book is the main document for such accounting.
The form and procedure for maintaining work books are approved in two regulatory legal acts:
- Rules of conduct approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules);
- Instructions for filling out, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instructions).
Need for renaming
Employers often strive to keep up with the times and rename positions. Now office managers work instead of secretaries, and sales managers work instead of salespeople. These are normal changes, but it is very important to reflect them in the employee’s personal documents, namely, to make an entry in the work book about the renaming of the position.
Important! The employer may, at its discretion, change the names and, accordingly, the staffing table.
In cases where the place is vacant, there will be no difficulties in changing its name - you just need to make adjustments to the staffing table. If the position is already taken, then you need to act differently. The general order looks like this:
- Preparation of justified reasons for changing the name. This is necessary to ensure that there are no legal conflicts or claims on the part of the employee. The problem is that in addition to renaming, making a new entry in the employment record, you need to re-sign the contract, which is the basis for performing the work. The position for which he was contracted no longer exists, which means that his conditions are also insignificant. You can’t just change the name like that; this requires a clear justification.
- The second important aspect is notification of upcoming adjustments to the employee, and this must be done no later than 2 months in advance. A letter is sent to the registration (residence) address, which is handed over against signature. If you do not comply with this requirement, you can challenge the employer’s actions and try to declare them illegal.
- Having received the employee’s consent, you need to sign an additional agreement regarding the name change and make changes to his work book.
Such actions must be carried out with all employees who will be affected by the change in staffing.
The employer is also obliged to:
- Issue an order to the company about the fact of renaming the position(s).
- Explain to the employee that changing the name of the position he occupies is not a mechanical demotion.
- Warn that changing the name may entail a change in responsibilities, salary, work schedule, etc.
Transfer or renaming of a position
The decisive point in reflecting changes made to the staffing table in personnel records is its relationship to the employee’s labor function. It is understood as a specific type of work specified in the employment contract to perform duties in a position/profession in accordance with the staffing table in accordance with the specified level of qualifications. The preparation of personnel documentation in this case will depend on whether this function has remained unchanged or not.
When, with a change in the name of a position in the staffing table, the employee’s labor functions are preserved, that is, the employee continues to perform the same duties as before, his transfer to a new position is not required. But the relevant information about the renaming must still be reflected in the additional agreement drawn up to the employment contract and in the work book entries.
If, with the renaming of a position (profession), the employee’s job functions have at least partially changed, for example, new responsibilities have been added or old ones have changed in some way, these innovations must be formalized through translation. In this case, the employee will undergo all procedures related to taking on a new position in full.
This is important to know: The employee does not want an electronic work book
How to make an entry in the work book about a transfer to another position due to a change in the staffing table?
When changing the name of a position in the staffing table we are talking specifically about transferring to another job, then this procedure includes the following operations:
- concluding an additional agreement with the employee to his employment contract>
- issuing an order to transfer him from one job to another>
- making a corresponding entry in the work book.
The wording of the entry in the book is usual for translation:
- in column 1 – record number in order>
- in column 2 – date of transfer>
- in column 3 – the text “Transferred to the position...”>
- in column 4 - a link to the details of the transfer order.
How to make an entry in the work book about a change in position according to the staffing table?
When a change in the name of a position/profession did not affect the list of duties performed by the employee, that is, his job function remained the same, there is no need to transfer to another job. However, any change in the title of a position, whether full or partial, requires the inclusion of corrective information in the employment contract. This involves doing the following:
- signing an order to amend the staffing table>
- concluding an additional agreement with the employee to the employment contract on renaming the position/specialty/profession>
- making a corresponding entry in the work book.
The procedure for making an entry in the book:
- in column 1 – record number>
- in column 2 – date of change in the name of the position/profession>
- in column 3 – text about renaming the position/profession>
- in column 4 - a link to the details of the order to amend the staffing table.
How to make an entry in the work book when changing the staffing table with the wording about renaming the position?
As for the wording of the text about renaming a position/profession entered in column 3, the Instructions for filling out work books do not say anything about this. But if we recall the entry made in the work book of a worker in the event of a change in the name of the enterprise (organization) where he works, then we can similarly reflect the renaming of his position (profession).
That is, the text of column 3 of the job information will be as follows: “The position ... (the previous one is indicated) from such and such a date (the start date of the staffing table) was renamed to the position ... (the new one is indicated).” This entry in the work book, like all others, must be familiarized with the owner’s signature.
Name of position and structural unit
In accordance with the current rules and instructions regarding the maintenance of work books, entering the name of his position in the work book of a new employee is mandatory under any conditions. The consequence of this circumstance is the mandatory nature of making appropriate entries in the book about any changes (subject to their availability) in relation to the titles of employee positions.
Thus, if an employee was registered in the position of “PC operator”, but due to a change in the organization’s staffing table (or for other reasons provided for by law) this position was renamed to “document flow operator”, then a record of the renaming must be made in the labor record. the book is a must.
An example of such an entry: The job title “PC operator” has been renamed “document flow operator” since June 13, 2018.
General rules for filling out a work book
There are a number of special requirements for how to fill out a work book. For this purpose, employees of the Ministry of Labor of the Russian Federation in their Resolution No. 69 of October 10, 2003. described the general legal requirements for the preparation of the documents in question. Also, as practice demonstrates, HR employees often draw up detailed samples for younger specialists, which reveal the nuances of filling out work books in accordance with legal requirements and extensive legal practice. In particular, the general requirements for the preparation of such documentation are:
- A mandatory aspect that must be included in the work book is a link to the original source of the labor relationship. It is assumed that the document in question will contain a link to the individual employment agreement with the subject (its number and date);
- marks in the labor report are made within 7 working days from the date of execution of the contract, in accordance with which the subject will carry out his professional activities.
- the text of the entry that is written in the employee’s document in question must correspond to the data taken from the manager’s order on accepting a new subordinate to the position;
- all dates in the book must be marked in Arabic numerals and written in the standard sequence: day, month, year;
- It is prohibited to shorten the entered information, including references to the provisions of legislative regulations). Abbreviations are allowed only if the specific abbreviation has previously been deciphered within the same entry;
- When recording any information in the book of an employed person, the subject must be informed about the data entered. Also, the information in question is duplicated in the subject’s personal card, with which he must be familiarized with his signature.
This is important to know: How to restore a work book if an employee loses it
Should written notice be provided to rename a position?
It's better to give a notice.
There are some controversial points here.
On the one hand, a number of employees involved in maintaining personnel document flow rightly indicate that the employee expresses consent by signing an addendum to the contract.
However, it is still recommended to play it safe and draw up a notice, since if the employee does not agree with the change in the wording of the position, the employer may put forward a proposal for a different form of employment. It is interesting that if the employee disagrees with alternative options, the employment contract is subject to termination (Article 74 of the Labor Code of the Russian Federation).
The notice should write that, for example, in order to improve the staffing structure, the position of “secretary” will be called “secretary-administrator”. You must be guided by the provisions of Article 74 of the Labor Code. On the notification, the employee must write the word “agree” and put the date, signature, and full name.
Please note that the legislation, however, does not provide clear requirements for the execution of such a document.
Features of entering information about renaming a structural unit
Renaming an entire department, as well as changing the job title of one employee, must be accompanied by the introduction of appropriate notes in all enterprise standards (including personal personnel cards and additional agreements for each individual contract).
The basic requirements of the instructions for registering a work book do not include the rules for registering the renaming of a company's structural unit. Practice shows that there are two options for recording such records:
- in conditions where only the name of the division is changing, it is appropriate to make the following entry: “The old name of the division “Sales Department” was changed to the new name “Marketing Department.” This is due to the fact that such name adjustments do not make significant changes to the working conditions of employees;
- in circumstances where, in addition to the name, any functions of the department or its purpose also change, then it is necessary to record in the work books records of the transfer of employees from one department to another.
Thus, a change in the title of a position in an employee’s work book must be documented. In view of this, the employer must take care in advance to ensure that a sample of the relevant Order is available in the personnel department, as well as to document explanations of the nuances of preparing personnel work books.
Renaming with a change in job responsibilities
If an employee’s position is actually changed temporarily or permanently (that is, his job responsibilities are adjusted), then the procedure falls under Article 70.1 of the Labor Code of the Russian Federation on transfer. This can only occur on the basis of an official order from an authorized official of the organization and with the consent (not notification) of the employee. In exchange for the latter, the legislator provides for one circumstance – emergency situations that threaten people’s lives.
Accordingly, the work book should reflect the following points:
- The basis for the transfer is the order of the director.
- An indication of the new position and the department in which it is provided for in the company’s staffing table.
It is important to know! In case the transfer is carried out to another organization (external), its full name must be indicated in accordance with the constituent documents.
Here, too, changes in the book will necessarily accompany the conclusion of an additional agreement to the employment contract and, optionally, adjustments to the staffing table. If the position to which the transfer is being made was established earlier, then the issuance of a separate order is not required.
If a department is renamed
To make an entry in the labor record about changing the name of a structural unit, you need to determine whether this is necessary at all. This is required to be done only if the condition of work in a certain department is considered essential according to the clauses of the contract.
The entry about the structural unit is indicated in column 3 of the form. Often this point is not indicated at all in the labor contract. For example, an employee is a specialist in the sales department, but there is no such clarification in the form. Only its affiliation with the retail department is noted. In this case, changing the name of the sales department will not affect the additional entry in the labor record.
If the name of the retail department changes, you need to make a corresponding note in the labor record. For example, if the retail department merged with the logistics department and became a retail logistics department.
Changing the name in documents
If the name of the position changes, then the corresponding mark will appear in the work record, there are no exceptions. An example from the same retail department. If a person previously worked as a senior salesperson, and as a result of changes in the staffing table, his position was renamed to senior sales manager, then this must be displayed in the next line after filling out the form.
Procedure for entering data:
- The first column is the serial number of the entry. This is definitely the next one.
- The second is the date the entry was made. Data cannot be entered before the change order takes effect. First the date is written, then the month, then the year.
- The third one is key. This is where the new position is indicated. With the wording: position “A” has been renamed to position “B”.
- The fourth is the basis for making such changes, that is, the number and date of the order.
What does the entry in the work book about a change of position sound like?
If the position simply changes its name, and there is no actual transfer to another place of work or to another department, then the entry reads: “Transferred to position ...}.” But first, an agreement between the parties to carry out this event is required, after which an order is issued, on the basis of which the position is changed.
In fact, such a change is a simple process performed by the HR employee and only takes a few minutes. It is worth paying attention to the correctness of filling out the labor form, so that no one will have problems later. Therefore, the employee must check the recording himself.
If you need to rename a position in the work book, you will need to make the following entry: “Position... renamed to...”. It turns out that a person was hired, for example, for the position of head of a department, but then quits as a manager.
Renaming positions due to changes in staffing
Due to changes in staffing, several positions were renamed, for example, “forwarding driver” became “car driver”. How to format this correctly? Is there a transfer of an employee from one position to another in this case?
Having considered the issue, we came to the following conclusion:
When renaming positions without changing the job function, transfer to another job does not occur. When renaming positions, it is necessary to make changes to the employment contract. staffing table. make an appropriate entry in the work book.
According to Art. 57 of the Labor Code of the Russian Federation, an element of an employment contract is the employee’s labor function - work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the employee.
As a rule, the title of the position changes simultaneously with the change in the scope of job responsibilities. In such a situation, the employee is transferred (Article 72.1 of the Labor Code of the Russian Federation).
However, in the situation under consideration, as follows from the question, the list of job responsibilities of employees, that is, the very content of the labor function, does not change; it is planned to change only the names of positions. We believe that in such a situation we are not talking about a change in the labor function of workers (Generalization of cassation and supervisory practice of the Irkutsk Regional Court on claims for reinstatement at work for 2007 and the first half of 2008).
However, both a complete change in the title of a position and a partial change, even if the content of the employee’s labor function remains unchanged, is a change in the terms of the employment contract.
By virtue of Art. 72 of the Labor Code of the Russian Federation, changes in the terms of an employment contract are allowed only by agreement of the parties in writing, with the exception of cases provided for by the Labor Code of the Russian Federation.
The Labor Code of the Russian Federation establishes exceptional cases when changes to the terms of an employment contract are allowed at the initiative of the employer. So, according to Art. 74 of the Labor Code of the Russian Federation, at the initiative of the employer, it is allowed to change any condition of the employment contract, except for the employee’s labor function, if the previous condition cannot be maintained for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons ). The employer is obliged to notify the employee in writing of the upcoming changes to the conditions of the employment contract determined by the parties, as well as the reasons that necessitated the need for such changes, no later than two months in advance (part two of Article 74 of the Labor Code of the Russian Federation).
Within the meaning of Art. 74 of the Labor Code of the Russian Federation there must be a cause-and-effect relationship between changes in organizational or technological working conditions and the need to change the terms of the employment contract.
In the event of a dispute, the employer is obliged to provide evidence confirming that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization of production, and did not worsen the employee’s position in comparison with the terms of the collective agreement or agreement (clause 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).
In our opinion, it is quite difficult to imagine such organizational or technological changes in working conditions under which the previous job title could not be retained. Therefore, if such circumstances do not exist, the employer should invite employees to enter into written agreements with him to amend the terms of the employment contract regarding the title of the position.
Changing the name of a position entails the need to make changes to the staffing table, the unified form of which was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 (hereinafter referred to as Resolution No. 1).
According to the Instructions for the use and completion of forms of primary accounting documentation for the accounting of labor and its payment, approved by Resolution No. 1, the staffing table is approved by an order (instruction) signed by the head of the organization or a person authorized by him to do so. Changes to the staffing table are also made in accordance with the order (instruction) of the head of the organization or a person authorized by him to do so. The effective date of the amended staffing table must coincide with the date specified in the notification (if the name of the position is changed in accordance with Article 74 of the Labor Code of the Russian Federation) or in the agreement of the parties (if the position is renamed in accordance with Article 72 of the Labor Code of the Russian Federation).
According to part four of Art. 66 of the Labor Code of the Russian Federation, information about the employee and the work he performs is entered into the employee’s work book. The procedure for maintaining work books is regulated by the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules). The procedure for filling out work books is established by the Instructions for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instructions).
In accordance with clause 10 of the Rules, all entries about the work performed, transfer to another permanent job are entered into the work book on the basis of the relevant order (instruction) no later than a week. Clause 3.1 of the Instructions stipulates that in column 3 of the “Information about work” section of the work book, the name of the position (work), specialty, profession with an indication of qualifications is indicated, as a rule, in accordance with the organization’s staffing table.