Employment record - one of the most important documentsinvolved in the design of the relationship between the employer and the employee. The rules for handling it are defined at the level of federal legal acts. The rules for maintaining a workbook are a sample of fairly strict legislation. What is their specificity?
The main legislative sourceregulating the rules for maintaining workbooks - the 225th Decree of the Government of Russia, issued on April 16, 2003. It consistently outlines all the nuances regarding the correct handling of this document. Consider the general facts about the maintenance of labor books, which are contained in the Resolution.
This legal act states that a workbook is- This is the main document reflecting information about the activities and experience of a citizen. The Resolution states that employers are obliged to get employment records (and also continue to maintain existing ones) for each employee who has worked in the organization for more than 5 days (provided that this work is the main).
It can be noted that in those rather rare cases when the employer is a physical person, the workbook does not start - this is prohibited by law.
Key information that is reflected inworkbook: personal data about the employee, the nature of the work he performs, information about transitions between different employers, facts about awards for various achievements. Any disciplinary action in the document does not fit, unless it is not dismissal.
Employment records are filled out in Russian, and in the national Russian republics it is possible to use local languages that have the status of a state language.
We can start exploring the rules for maintaining a workbook with items reflecting the specifics of filling out the document. Here are the most important facts about this process:
- if an employee is hired for the first time, then the company-employer must issue a workbook for him within a week after the person begins his career;
- information about the employee fits into the document in question on the basis of a passport or other identification source recognized by law;
- data on the education received by the employee, as well as on his specialties, professions are taken from diplomas and other documents confirming the qualification;
Once the workbook is completed, the employerundertakes to conduct it correctly. But in essence, all that a company with a workbook can do is to make entries and make adjustments to it. Therefore, it is extremely important to know how to correctly make entries in the relevant document.
The rules for the employment record suggest thatAll entries to it (for example, concerning transfers, facts about qualifications, dismissals, awards, etc.) are made on the basis of an order that must be signed by a competent person from the management team of the employer. The entry of information into the workbook should be carried out without the use of abbreviations. Entries must be accompanied by a sequence number. Whenever the personnel service of the company adjusts the employee’s work record, she must notify him of the changes against the painting.
If information aboutdismissal, the wording must fully comply with those provided for in the Labor Code of the Russian Federation and other federal laws. If the employment contract is terminated in accordance with Article 77 of the Labor Code of the Russian Federation, then it is necessary to refer to the necessary item from its 1st part in the workbook. If a person is dismissed on the basis of the provisions of Article 81 of the Labor Code of the Russian Federation, then the document should also reflect the wording stipulated by law. If the employment contract is terminated due to circumstances beyond the control of the employer and employee, then the reference should be to the provisions of Article 83 of the Labor Code of the Russian Federation.
If the employee wishes, then in the workbook caninformation relating to part-time work (including dismissal from it) shall be recorded. But for this, the employee must provide the personnel department with a document confirming his employment relationship with another employer.
Among other popular entries thatprovide rules for the maintenance of the workbook - information about the military service (as well as about work in the internal affairs bodies and other state and law enforcement agencies). Also, the document may contain information reflecting the fact that employees have completed training courses.
In the workbook, as we noted above, are fixedinformation about employee awards due to his work achievements. This may be information about state awards, honorary titles, the presentation of certificates, badges, diplomas and other types of incentives that are provided for by the laws of the Russian Federation and local legal acts of employers.
Rules for maintaining a workbook also allowChanges and corrections to this document. How should they be produced? If we are talking about changing the name, date of birth, information about education, then the actions of the personnel service should be supported by documents related to updated facts.
If it so happens that the personnel officer made a mistake, introducingentry in the workbook, you can fix it. At the same time, the personnel service can also make the appropriate adjustment in the new job if it has a supporting document from the previous employer.
If we are talking about fixes in sections,reflecting facts about work or awards, incorrect data cannot be crossed out: you should make a note that they are invalid, and the correct information is entered next to it.
Possible scenario in which the organizationmade a mistake in the design of the workbook, changed the legal status. In this case, the corrections in the document must be made by the firm that has become the successor of the company. In the event of liquidation of an organization, a new employer makes changes to the workbook. A similar scenario - if the employer is the SP, who liquidated his status.
Consider another important aspect thatinclude rules for maintaining workbooks. The 225th Resolution of the Government of the Russian Federation allows for the issuance of duplicates. In this case, the reasons for this procedure may be several. We study the key that contain the rules for the maintenance of the workbook. What should the employee do if, for example, he accidentally lost the relevant document?
First you need to report this fact.to the employer. By law, the company must issue in this case a duplicate workbook within 15 days. Making this document, the employer must enter in it information reflecting the work experience (which is documented), as well as information about the awards.
It is possible to issue a duplicate insteada valid employment record that contains an invalid record of dismissal or a transfer to another place of work. In this case, the new version of the document will contain all the necessary data, with the exception of incorrect ones.
Rules for the maintenance and storage of employment recordsassume that the employer must ensure their integrity, prevent damage, must not lose the relevant documents. But it happens that for various reasons, the company still violates one of these rules. For example, because of an emergency. If it so happens that the workbooks are massively lost by the employer, then the work experience of the employees recorded in them is established by a special commission. It includes competent representatives of employing companies, various trade union organizations and other authorized bodies.
Commission examines documents that haveemployee - certificates or, for example, those that are related to the activities of the trade union - tickets, registration cards, payment books. If the employee does not have the relevant sources, then the facts that he worked in such a company can be confirmed on the basis of testimony from two or more people who once were colleagues for the person. After the commission’s work, duplicates of documents executed in accordance with the established procedure are issued to employees. It is also possible to connect the courts to the process of determining the length of seniority.
There are several regulations, eitherotherwise correlated with the Resolution, which establishes the rules for maintaining a workbook. According to the Labor Code of the Russian Federation, in particular, an employer is obliged to issue an appropriate document to an employee after his dismissal. How is this done in practice?
In the process of dismissing the recording, which personnelthe service of the employer contributed to the employee's workbook, must be certified in the prescribed manner. Also, the employee must put his signature. If the information in the workbook was entered not only in Russian, then the language is also certified in another language.
The work book can also be attacheddecorated in the prescribed manner. It has unique identifiers - a series and a number. It is used if the workbook contains all or related to any of the sections of the page, as a result of which there is no place to enter new information.
The liner is conducted according to the same rules asemployment record, and without this document it is invalid. Whenever the personnel office draws up the liner, it is necessary to put a stamp reflecting this fact in the workbook.
The 225th Resolution reflects not onlybasic rules for maintaining a workbook. How to store these documents, as well as keep their records, there is also told. It can be noted that the employer must conduct the relevant procedures not only with regard to existing workbooks and inserts, but also forms.
To ensure correct accounting of documents, the company must have several documents:
- the receipt and expenditure book, in which information is recorded on the forms of work-books and inserts;
- the book of the account of movement of documents.
Forms of relevant documents are defined inregulations issued by the executive authorities of the Russian Federation. Regarding the receipt and expenditure book - it should contain information about all the procedures reflecting the receipt or expenditure of the forms in question. It is necessary, while keeping records, to indicate the series and number of each document. In the book of accounting of the movement of books and attached to them inserts, it is necessary to register documents that are accepted from employees entering the work, as well as workbooks and supplementary inserts. At dismissal, an employee of the company signs in both books.
Forms of workbooks and inserts are subject to storage inas documents of strict accountability. They are issued only to the competent employees of the company upon request. The specialist of the appropriate profile should provide a report on the situation with the number of forms, the amounts of money received for workbooks and inserts.
Trudknizhka - the most important document, and thereforeit is made in the manner that is approved at the level of official authorities. Forms of workbooks, as well as liners have the appropriate security features. The company-employer must itself acquire the types of documents in question, but, at the same time, have the right to incur compensation for the corresponding costs on the part of the employees.
Interesting facts reflects the evolutionlegislation establishing the rules for maintaining workbooks. Russia is a state with frequently changing laws in many areas. According to many lawyers, the sphere of labor law and related industries is a vivid example.
First of all, we note that the rules of referencethe workbook until 2003 and those that are established now were regulated by fundamentally different regulatory acts. Despite the fact that by 2003 the modern Russian statehood had fully taken place, Soviet laws were in force in the sphere of regulating the turnover of workbooks. Thus, the procedure for filling in relevant documents was regulated by Resolution No. 656 of September 6, 1973, issued by the USSR Council of Ministers, as well as by the All-Union Central Council of Trade Unions jointly “On the employment records of workers and employees”. In accordance with this source of law, the Instruction was also issued, according to which the accounting of labor books at Soviet enterprises was to be carried out. This document was approved, in turn, by the Decree of the USSR Goskomtrud. One of the most accessible resources with the help of which you can find for reference the Soviet rules for maintaining a workbook - the “Consultant”. But this document is also found in other reference and legal systems.
What interesting facts contain the Soviet ruleskeeping workbooks? Has Russia greatly changed them? In principle, many of the provisions of a legal act issued in the USSR were similar to those that we observe in modern legislation. So, for example, in one of the provisions of the Soviet document it is stated that employees must become familiar with the facts of making any changes in the workbooks or the insert in it. Approximately the same wording, as we noted above, contain the rules for maintaining workbooks for 2014.
Also among the norms that have the character of similarity withmodern - the position that with each entry in the workbook, reflecting the fact of hiring a person, dismissal or transfer to another place of performance of labor duties, the personnel department should familiarize the employee against painting.
At the same time, at the level of the provisions indicated by usThere are also significant differences between the Soviet and Russian approach to the maintenance of workbooks. For example, in legal acts issued in the USSR, it was said that the employee should put signatures certifying those other corrections in the document in special forms. While the rules for maintaining workbooks in 2014 allow that a person can also sign in the workbook itself.
Another major historical aspect, reflectingThe specifics of Russian workbooks are that they are produced in different series. Now there are 5 of them. The very first series came out the next year after new rules for the maintenance of Russian-style workbooks were introduced, replacing Soviet norms. The series received the TK index. Compared with previous versions of workbooks, the form has decreased slightly, changed color.
The TK series is characterized by several degreesprotection. So, for example, on all pages of workbooks there is the phrase “Labor Book” visible in ultraviolet rays, as well as watermarks in the form of the acronym TC. Sheets of documents of the new series are stitched with the help of the “Bicolor” thread, which consists of two colors.
As we noted above, since 2004 there have been 5 episodes.labor books. In 2004-2005, the TK, in 2006 - 2007, another sery was used - TK - I, from 2008 to June 2010 - the next, TK - II, then - TK - III, which operated until 2012. In 2013, the newest series of workbooks, TK-IV, was released.
Какое это имеет практическое значение?The fact is that the belonging of a workbook of one or another series may influence, for example, the determination of its authenticity. If the document of the 2012 series contains data, even if all the rules for maintaining the employment record book of 2010 are followed, it will be invalid. Perhaps, the employer simply could not trace the correspondence of the year of issue of the book to the moment when it was filled in, but the legislator can interpret this as a fake document. You can also note the fact that employers are obliged to make sure that the workbooks brought by employees from previous enterprises are genuine - and not only by checking the compliance of the information reflected in the document with the year of its series.
