Checklist for switching to electronic work books: check yourself

In February 2021, for the first time, all employers will have to submit the SZV-TD form to the Pension Fund, containing information about the work activities of employees. The appearance of a new report is associated with the transition to electronic work books. Along with the new form, legislators provided for fines that the employer will pay if he is late in submitting the SZV-TD or provides incomplete or unreliable information in it. We will figure out how to fill out this report, in what form and within what time frame to submit it in order to avoid penalties.

Preparing for the transition to electronic work books

At the preparatory stage, employers had to adopt local regulations establishing the procedure for maintaining information about employees’ work activities in electronic form, as well as make appropriate changes to already existing local acts regulating the procedure for registering and storing work books (Clause 1, Part 1, Art. 2 of the Federal Law of December 16, 2019 No. 439-FZ).

In particular, changes should have been made to the Regulations on the maintenance and storage of work books, providing for the possibility of creating and maintaining electronic work books. Changes are being made to the internal labor regulations regarding the preparation of work books when hiring.

If employees have switched to electronic books, then the date of issue of paper work books to the employees is entered in the Book of Records of the Movement of Work Books, and their receipt of receipt of the work book is also entered.

If any collective agreements contained a procedure for maintaining work books, then they also stipulate the possibility of maintaining them electronically.

In addition, employers were required to ensure technical readiness to provide information about labor activity in electronic form, as well as to store this information in the information resources of the Pension Fund.

Actions of employers

To make the transition, company management must take the following actions:

1. Make changes to the company’s local regulations taking into account the position of the trade union, if they have such a body.
2. Prepare, including after discussion with the trade union, a collective agreement.
3. Conduct technical training for sending information to the Pension Fund, inform the personnel officer or employee who will be responsible for sending the data about the peculiarities of such work.
4. Notify each employee in writing by October 31, 2021 about upcoming innovations in labor legislation.

After a company or enterprise switches to electronic work books, all information about the state’s labor activities will need to be sent to the Pension Fund.

Notifying employees about changes in labor legislation

All employers, without exception, had to notify their employees about changes in labor legislation related to the abandonment of paper work books and the transition to the generation of information about labor activity in electronic form.

The notification informed employees of the right to choose the option of maintaining their work record - in paper or electronic form, as well as the procedure for exercising this right (clause 4, part 1, article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

This notice had to be sent in writing to each employee. This was initially required to be done before June 30, 2021 inclusive. But in the middle of the year, this deadline was postponed to October 31, 2021 inclusive (Resolution of the Government of the Russian Federation dated June 19, 2020 No. 887).

Law on the transition to digital format of information about experience

The law on the introduction of electronic work books in Russia has already been adopted (Law dated December 16, 2019 No. 439-FZ). It came into force on January 1, 2021.

During 2021, there will be a gradual transition to electronic work books.

But is it necessary to switch to electronic work books? Yes, employers are now required to submit information about all their employees to the Pension Fund to generate information about their work activities in electronic form (Article 66.1 of the Labor Code of the Russian Federation). But workers are not required to switch to electronic work books. They have the right to inform the employer that they want the work record to be kept on paper, as before.

Submission of applications by employees to choose the option of maintaining a work record book

Having received a notification from the employer about the need to choose the option of maintaining a work record book, employees had to submit to the employer one of the following statements:

• on the continuation of maintaining a work record book on paper;
• switching to an electronic work book.

Employees must submit the corresponding application before December 31, 2021 inclusive (Part 2, Article 2 of Federal Law No. 439-FZ of December 16, 2019).

Retaining the right to choose a work book

Employees who did not have the opportunity to submit an application to their employer before December 31 to choose the option of maintaining a work record book can do so at any time. This right is granted (Part 6, Article 2 of Federal Law No. 439-FZ dated December 16, 2019):

• employees who, as of December 31, 2021, were temporarily disabled;
• employees who were on vacation as of December 31, 2021;
• employees who, as of December 31, 2021, were suspended from work in cases provided for by the Labor Code of the Russian Federation;
• persons who have worked under a service contract, but as of December 31, 2021 were not in an official relationship.

All of the above employees can choose the option of maintaining their work records by sending a corresponding written application to the employer at any time convenient for them.

Continued maintenance of paper work records

Employers must continue to maintain paper work records for those employees who apply to retain a paper work record. Moreover, paper work records for such employees will be retained even in cases of subsequent employment with other employers (Part 4 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

For employees who, before December 31, had the opportunity, but did not submit an application to the employer to choose the option of maintaining a work record book, work record books on paper will also be retained. Accordingly, in relation to such employees, employers will have to continue to maintain and store paper work books (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

However, when employed by a new employer after December 31, 2021, employees who did not declare the choice of maintaining a work record book will not be able to count on retaining a paper work record book. New employers are not required to maintain paper work records for such employees.

Issuance of paper work books

If an employee requests in writing to switch to an electronic work book, then the employer will have to hand over to such employee a paper work book. A paper work book is issued on the day the employee submits the relevant application. From this moment on, the employer is released from responsibility for maintaining and storing a paper book (Part 3, Article 2 of Federal Law No. 439-FZ of December 16, 2019).

When issuing a paper work book, a record is made of the employee’s submission of an application to provide him with information about his work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation. 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 in the form SZV-TD (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

How to fill out: step-by-step instructions

The regulatory documents state that the form is prepared either on paper or electronically. In the latter case, the STD-R certificate (information about work activity) in 1C (or another program) is signed with an enhanced qualified signature. If there is none, the completed document is printed and certified in the traditional way - with the seal of the organization, the signature of the responsible person.

We offer step-by-step instructions on how to fill out a new form.

Step 1. Enter employee details

First, the employer provides the employee's details. Last name and first name are required fields, middle name is entered if available.

For SNILS, officials came up with 2 formats: XXX-XXX-XXX-XX or XXX-XXX-XXX XX. You cannot choose which one you like best: the rules for filling out a report using the STD-R form require that the certificate contain only data from the “green card” or a document confirming registration in the pension insurance system (issued from September 29, 2019).

Step 2. Provide employer details

There are no exceptions to this section. The registration number consists of 12 digits in the format XXX-XXX-XXXXXX, the TIN consists of 12 characters, and if there are 9 of them, like an individual entrepreneur, then dashes are placed in the remaining lines. If the employer does not have a checkpoint, he skips the field provided for this number.

As for the name, it is allowed to use the Russian and Latin alphabets when writing it. The employer's name should be entered in full, without abbreviations. For example:

• Limited Liability Company "Clubtk.ru";
• Individual entrepreneur Voronov Andrey Viktorovich;
• Lawyer Smirnova Valentina Fedorovna;
• Individual entrepreneur Head of the peasant (farm) enterprise Zapashnykh Igor Alekseevich.

Step 3. Clarify whether an application to switch to electronic labor has been submitted

The following two fields are provided to indicate the employee's decision:

• if he wants to save a paper document, fill in the first field;
• if you agree to electronic work – second.

In both cases, the date is entered in the format “day, month, year”.

Step 4. Enter information about the employee’s work activity

Let's move on to the tabular part. If you fill out the form using VLSI or Documents PU 6 - programs that are used to transfer data to the Pension Fund of Russia, the data will be entered automatically. If all documentation is kept on paper, copy information from orders, instructions, and other decisions on personnel events.

From the name of the column it is clear what information to enter.

Column 1 is the serial number of the entry in this certificate (1, 2, 3).

Column 2 - day, month, year of the personnel event.

Column 3 - name of the personnel event. According to officials, personnel activities are limited to five types. And for each of them a digital code was invented. You can use either these codes or write the name of the event in full.

Column 4 - position, profession, labor function of the employee in accordance with the employer’s staffing table, qualification directories, job registers.

Column 5 is the code of the function being performed. Enter only from 01/01/2021 and provided that the employer applies professional standards.

Column 6 - grounds for dismissal. If another personnel event is indicated, for example, transfer to another job, we do not fill out the column.

Column 7 - name of the document approving the personnel event. Only the name is indicated: order, decision, order.

In columns 8 and 9 enter the document details: date and number. There is a separate column for each attribute.

Column 10 is filled in only in one case: if the information is cancelled. If we draw an analogy with a traditional paper work book, using column 10 you cancel an unreliable entry. And in the next line you indicate the correct data, and column 10 is left blank.

Step 5. Sign

For a document to be valid, it must be certified by a seal (if any) and signed. If you are in doubt about who signs the STD-R certificate, look at the LNA who is responsible for maintaining personnel documentation. If this is the director, then he should sign. If this is the head of the HR department, he puts his signature.

Do not forget to indicate the position of the person in charge and the date the paper was prepared.

Submission of information according to the SZV-TD form

In order to submit data on employees’ work activities in electronic form, starting from 2021, employers are required to submit information to the Pension Fund of the Russian Federation in the SZV-TD form. The form and format of the information were approved by Resolution of the Pension Fund Board of December 25, 2019 No. 730p.

SZV-TD is presented in cases where an employee submits an application to continue maintaining a paper work book or switch to an electronic work book, as well as any personnel event is carried out in relation to the employee (hiring, transfer to another permanent job, dismissal, etc. ).

As a general rule, SZV-TD is submitted to the Pension Fund no later than the 15th day of the month following the month in which a personnel event was carried out in relation to the employee or he submitted an application to choose the option of maintaining a work record book (Clause 7 of Article 1 of the Federal Law of 16.12 .2019 No. 436-FZ).

But when hiring and dismissing employees, employers are required to submit the SZV-TD no later than the working day following the day the relevant order/instruction is issued (Resolution of the Government of the Russian Federation dated 04/08/2020 No. 460).

Procedure for filling out the report

The preparation of the report begins with entering information about the employer:

Similar information is entered into the SZV-M report, which is familiar to employers, so there should not be any difficulties when filling out this data in the SZV-TD form. Let us remind you where to get the data to fill out:

• Registration number in the Pension Fund of Russia

This is a 12-digit digital code that is assigned to each legal entity or individual entrepreneur upon registration with the Pension Fund and must be present on all reports sent to this fund. You can check whether it is filled out correctly, for example, on the Federal Tax Service website. To do this, download an extract from the register of legal entities/individual entrepreneurs and in the section “Information about the policyholder in the Pension Fund” you will find the registration number of the company in the Pension Fund of the Russian Federation.

• Name of organization/Individual entrepreneur

For a legal entity, it is taken from the constituent documents. If an entrepreneur reports, then the abbreviation “IP” is indicated before the full name.

• TIN and checkpoint

Take information about the Taxpayer Identification Number (TIN) and checkpoint from the certificate received from the Federal Tax Service. For a legal entity, a 10-digit TIN and a 9-digit checkpoint are used. For individual entrepreneurs, the identification number will be 12-digit, and the checkpoint will not apply.

• Reporting period

This column contains the reporting period code (month number in order from the beginning of the year) and the reporting year:

• Information about employees and their work activities.

The information is reflected in tabular form. In total, you need to fill out 13 columns:

• Serial number (column 1)

The order in which employees are included in the report does not matter. This can be alphabetical, chronological (according to the chronology established by the employer) or any other order.

• Last name First name Patronymic (columns 2-4)

We give it in the nominative case. Please indicate your middle name if available. The entry is made on the basis of a passport or other identification document: military ID, driver's license, foreign passport, etc. (clause 2.1 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

• SNILS (column 5)

We fill in on the basis of data on the individual insurance number in the pension insurance system.

• Date (day, month, year) of admission, transfer, suspension, dismissal (column 6)

Source:

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Postponement of submission of SZV-TD to 2021

If during 2021 no personnel activities are carried out in relation to the employee and he does not declare the choice of maintaining a work record book, then the first SZV-TD reporting for such an employee is postponed to 2021.

In these cases, employers will have to send the SZV-TD to the Pension Fund of the Russian Federation no later than February 15, 2021 (clause 2.5 of Article 11 of the Federal Law of April 1, 1996 No. 27-FZ). In this case, the first report must indicate information about the employee’s work activity (position, profession, specialty, qualification, structural unit where he works, as well as the type of work performed) as of January 1, 2021.

Form SZV-TD

The Pension Fund of Russia has already developed the SZV-TD form, but has not yet officially approved it. This will happen after legislators adopt amendments to Law No. 27-FZ, and the procedure for agreeing on the report form with the Russian Ministry of Labor is completed.

The blank form fits on one page and looks like this:

The title part of the report contains a minimum set of data about the employer providing information about its employees:

• registration number in the Pension Fund of Russia;
• name of organization/individual entrepreneur;
• TIN and checkpoint.

Then the reporting period code and an indication of the reporting year are entered. Personal information about employees is provided in tabular form. We will tell you more about filling out the SZV-TD below.

Providing employees with information about their work activities

At their request, employers are required to provide information about their work activities to all employees who have switched to an electronic work record book. Information about work activity is provided in the manner specified in the employee’s application - on paper or in the form of an electronic document signed with an enhanced qualified electronic signature. The form and format of the information were approved by Order of the Ministry of Labor dated January 20, 2020 No. 23n.

Information in the STD-R form must be provided to the employee no later than three working days from the date of submission of the application. When an employee is dismissed, information in the STD-R form is provided on the day of termination of the employment contract (Article 66.1 of the Labor Code of the Russian Federation). If a paper work record book is kept for an employee, the employer is not obliged to provide such employee with information about his work activities.

In what cases is a notice issued to an employee?

A work book is the most important document that officially confirms that a citizen has work experience. However, not all citizens collect it in a timely manner upon dismissal. Practice shows that this circumstance can be dictated by various reasons.

If a dismissed citizen does not come to collect his work book, the employer sends him a special notice - an official reminder. This rule is clearly stated in Part 6 of Art. 84.1 Labor Code of the Russian Federation.

This paper notifies the former employee of the company that he should come and pick up a personal document. The company's management is forced to remind the dismissed employee to obtain personal documentation from his former place of work in order to comply with legal requirements and avoid penalties.

After all, Part 4 of Art. 84.1 of the Labor Code of the Russian Federation stipulates that it is the employer who is obliged to ensure that the dismissed citizen receives a work book on time - directly on the day of termination of the employment relationship. The day of dismissal is considered the last day of a person’s activity in the organization, as established by Part 3 of Art. 84.1 Labor Code of the Russian Federation.

Part 6 art. 84.1 of the Labor Code of the Russian Federation defines the following:

1. The employer is forced to officially remind the dismissed employee of the need to obtain a work book if such employee did not come for it on the day of his dismissal or, alternatively, refused to receive it. To do this, the company management sends the person a corresponding notice. Having received a reminder of the need to receive it, the citizen must either come to the organization or provide permission to mail this book.
2. If the employer has sent such a reminder, he will no longer be held liable for failure to issue. From the day the relevant notice is sent to the former employee, the organization’s management is not responsible for the delay.
3. A citizen who, after dismissal, has not received a work book, must address this issue in writing to his former employer. In this case, the company must return this book to its owner - the former employee - within 3 working days, counted from the date of filing the appropriate request.

The best option is to send the notification by registered mail. Such a letter must contain a list of attachments and provide notification to the sender that it has been sent to the addressee.

Any employer should be prepared to document the fact that a reminder was sent. A notification from the mail is the best proof that the company’s management has fulfilled its responsibilities.

In certain cases, the work book can be collected not by its owner, but by an authorized representative of the dismissed citizen. This is practiced if the former employee is in custody or called up for military service. This representative must have a proper power of attorney to receive.

How to arrange, if necessary, to pick up a work book after dismissal?

A reminder to a former employee about the need to obtain personal documents is drawn up in any form. Strict requirements for the preparation of this paper are not established by law. It is only recommended to follow the general rules for document flow. If you have letterhead, you can use that.

The document should reflect the following information:

1. Name of the company, its details.
2. Serial (registration) number of the document.
3. The date this paper was issued.
4. Information about the former employee who is the recipient of the notification being sent. First of all, you need to indicate the full name of this recipient, his correct address, and other contacts.
5. The name of the paper, reflecting its semantic meaning.
6. The wording of the notification is a reminder that the dismissed recipient of this notification must receive a work book.
7. Date of dismissal.
8. The employer must offer postal delivery (as an option).
9. Information about the originator of this notification (full name, position), as well as his decrypted signature. This could be, for example, a company HR specialist.
10. Company seal (if used).

An important nuance - it is prohibited to send a work book along with this notification.

In other words, the employer must first send the individual a corresponding reminder. If the former employee gives written consent to receive the book by mail, you can use the postal option.

for receipt

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Submission of an application by the general director, who is the sole founder of the organization

The heads of organizations, who are also their sole founders, submit an application to choose the option of maintaining a work record book in the generally established manner. In essence, they are the same employees as all other employees, and Federal Law No. 439-FZ of December 16, 2019 does not provide for any special features regarding the filing of applications for them.

They write an application to continue maintaining a paper work book or to switch to an electronic book in free form addressed to the head of the organization. That is, in your own name. The application deadline is until December 31, 2021 inclusive.

FAQ: everything you need to remember about the STD-R form

When should I start issuing the STD-R form?

The order of the Ministry of Labor, which approved the certificate, comes into force on 03/07/2020. From this moment on, employers have the opportunity to use the form and the rules for filling it out. But only if the organization has already gone through a transition period: they have prepared the basis for electronic labor, notified employees about the reform in the field of generating information about experience, collected applications for the transition to an online format or the preservation of paper documents.

Is it necessary to enter information about changes in full name in STD-R? employee, and at the bottom include a certificate of change of personal data or a marriage certificate?

All data in the certificate is copied from the “green card” (SNILS) or a replacement document on registration in the personalized accounting system. It concerns only the employee’s work activity. For this reason, changes in personal data are not written in STD-R. But if a new SNILS has been issued or an updated full name is registered in it, the certificate is filled out taking into account the “fresh” data.

STD-R and SZV-TD: what is the difference?

Few people understand the differences between the new forms STD-R and SZV-TD, since the forms and information in them are almost identical. But the difference is very big: SZV-TD is a report for the Pension Fund, STD-R is a form that replaces a paper work book, and it is issued only to the employee. Additionally, there is no need to report that you have prepared such a document.

Why does an employee need such a certificate?

Since STD-R is an analogue of a paper document about work activity and length of service, employees present it at the place of request - to a new employer, to a bank, to government agencies.

The employee quit, but lost the certificate. Is the employer obliged to issue a new one?

In para. 4 tbsp. 66.1 of the Labor Code of the Russian Federation clearly states who should issue information about work activities to employees, and the employer at the last place of work is also indicated there. If a person changes several places in a year, then full information about his experience will be provided to him upon application to the Pension Fund or MFC. There is also the opportunity to request a certificate on the government services website.