Is it necessary to make an entry in the work book about a student agreement (Chapter 32 of the Labor Code)., Rybinsk

Legislators have been threatening to rid us of work records for several years now. But when else will this happen? For now, maintaining these documents for each employee is a “headache” for personnel records management. The fact is that errors make entries in the work book invalid and require correction by rewriting, and sometimes by issuing a duplicate. In addition, regulating the procedure for registering work books, Cabinet Resolution No. 225 “On Work Books” and Resolution No. 69 signed by the Minister of Labor, approving the relevant instructions, contain some contradictions, which personnel officers have to resolve by referring to the text of the Labor Code.

Most entrepreneurs manage their staff on their own; they do not always understand the nuances of labor legislation and have no idea how to fill out a work book correctly.

Legislative regulation of filling out a work book

When filling out a work book regarding education, the employer must take into account the following provisions of the law:

Art. 65, 66 Labor Code ;
Part 4, 5 Art. 10, part 1, 6, 7, 9 art. 60 273-FZ ;
pp. “6” clause 9 of the Rules approved by Government Decree No. 225 ;
clause 2.1 of the Ministry of Labor Instructions No. 69 on filling out work books.

Information about the employee’s education is on the title page of the work book after his last name, first name, and patronymic.

Education information is entered into the work book by a HR specialist based on the document provided by the employee. Errors made on the title page of the work book, which contains a record of education, can make it invalid.

If a mistake was made when filling out a new work record book, then the employer should cancel the form and draw up a report about it and issue the employee a new work record book with the correct record of the level of education.

If the employer does not record education in the work book based on the documents provided, then he is violating the law. In this case, it is possible to hold him accountable under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

At the same time, it is believed that failure to make an entry, provided that the work does not require special knowledge and skills from the employee, is not a violation of the law, since it does not infringe on his rights. But during the inspection, the labor inspector may require the employer to write down the specified information in the work book.

Rules for registering work books

Work books in the personnel department of the organization are maintained for all employees of the following categories:

registered for permanent work;
hired under a temporary employment contract;
seasonal workers, if this work is their main job;
freelancers subject to social insurance;
They are not issued for external part-time workers.

Employees who already have work experience with official employment must have a book in hand when applying for a job and submit it to the personnel department. The personnel employee evaluates the document for authenticity and validity: checks the owner’s passport data, checks that the first page is filled out correctly, the presence of the necessary details, signatures and seals, and records of dismissal from the previous place of work. If the new employee does not have a work book, the employer creates a new one for him.

To prepare the document, there is a special typographic form related to strict reporting forms. A work book with a unique number is created per person for life, and when it ends, an insert is filled out.

The form consists of 3 sections:

Data of the owner of the book, containing his full name and date of birth, name of specialty, information about education. The title page must be certified by the signatures of the employee and personnel specialist, as well as the seal of the organization in which the book was created.
Information about the work includes data on each employer, hiring, all transfers of the employee, dismissals, recorded in separate records indicating the details of the orders and grounds for personnel movement. Each entry in the section on work activity must begin with a serial number, a date in the format XX.XX.XXXX. Numbering throughout the document is continuous; abbreviations are not allowed. The last entry of each employer is certified by a seal.
Awards and incentives are entered into the work book indicating the date and number of the confirming order.

Basis for entering a mark on education

According to Instruction No. 69 of 2003, Art. 2.1, the educational mark is entered on the basis of:

Original diploma.
Its certified copy.

A record of a completed educational stage can be made on the basis of a grade book, student card or copies thereof. But it is strictly forbidden to make a note about education based on the employee’s oral evidence.

As noted, a record of education is made on the basis of one of the duly certified documents received at the educational institution. Such a document can be:

Certificate of basic general education – basic general education.
Certificate of secondary general education – general secondary education.
Diploma of secondary vocational education – vocational (secondary).
Bachelor's degree - higher education with a bachelor's degree.
Specialist diploma – higher with a specialist degree.
Master's degree - higher education with a master's degree.
Diploma of completion of postgraduate study , postgraduate study, residency, assistantship-internship, diploma of candidate of sciences.

It is worth considering that modern education should be indicated along with its level (specialist or bachelor). Recent changes in legislation are not a basis for correcting the entry on higher education in the work book (meaning the allocation of new levels of education), in particular, in order to make new or additional entries in this document.

The employer does not need to check the authenticity of the diploma provided by the employee. This is not his responsibility. But the employer should make a copy of the employee’s education document provided so that there are no problems with regulatory authorities.

When an applicant for a position is still continuing his studies, it is allowed not to include anything in the education column and this will not constitute a violation.

But it is also possible to enter a record of incomplete education in this column . For example, “incomplete secondary vocational”, “incomplete higher-bachelor’s degree”. Such an entry is made in the work book at the request of the employee upon presentation of a student card, grade book or certificate from an educational organization about training.

Until 2007, students were issued diplomas of incomplete higher education, provided that they managed to study for at least 2 years (according to paragraph 3 of Article 6 of Federal Law No. 125, which has become invalid). If the employee brought such a diploma, then despite the fact that now the concept of “incomplete higher education” does not exist, then in the work book you can still make the entry “incomplete higher education” in the “education” column.

After all, the entry is made in accordance with the document that confirms the training, so the employer will follow the requirements of the law.

What to do if your work is over?

There are times when an employee no longer has free space in one of the sections of the work book. To solve this problem, there is an insert, which is maintained in the same order as the main book. The instructions for maintaining work books do not indicate exactly where the insert is sewn, but logically this is done after the last page.

The insert has a series and number, which must be indicated on the title page or cover of the main book on the “Insert issued” stamp. The insert registered in this way is an integral part of the work, it is filled out in the same way (including the title page), the numbering of records continues.

If the insert form is damaged during initial filling, it is destroyed according to the rules for the disposal of strict reporting forms: in the presence of a commission with the execution of the corresponding act. The same applies to damaged and outdated work record forms.

How to make a mark

An empty line in the work book form is filled in on the basis of a properly executed document in the following cases:

It was not filled out by the previous employer.
An employee gets a job for the first time in his life.

When filling out a work book, there are certain rules that apply to the method of entering information into it. Various corrections, crossing out and covering up are strictly prohibited.

Entries in the work book are made by hand, typesetting is not used. To write notes, the employer should use black or blue ink and preferably a ballpoint pen. Abbreviations on the title page are not allowed.

Information about education is entered into the employment record strictly according to the document provided by the employee. If an employee brought a diploma that was received before the reform of the education system, then the level of education according to the diploma is recorded in the work book. For example, “higher professional”. This rule applies even if that level of education has been abolished and is no longer valid.

Since 2013, records of higher education are written with a dash as “higher education-bachelor’s degree”, “higher education-master’s degree”, “higher education-specialist”. You do not need to enter details of your education document into your employment record.

In some cases, information about training is entered in the “Work Information” section. This is necessary if the employee completed his studies at an educational institution during the period of employment with the employer under consideration. For example, received a second higher education, completed training courses or at a school for advanced training, at a school for retraining personnel.

As a result of such training, an employee could receive a second and subsequent profession, specialty, class, category or rank. The basis for making such entries may be the same documents as on the title page of the work book. This is, for example, a certificate of profession of a worker or employee (based on the results of advanced training during vocational training), a certificate of advanced training, etc.

The procedure for filling out an educational record in the work section is established in paragraph 3.1 of Instruction No. 69, paragraphs. “b” clause 21 of Rules No. 225:

Column 1 contains the serial number of the entry.
In column 2, the date of issue of the document conferring a new profession, specialty or qualification, the date of making the entry (i.e., the day the employee brought the documents) - when the employee undergoes retraining or advanced training courses.
Column 3 indicates the name of the specialty (for example, the profession “electrician with the assignment of 3rd category” is established) or the place of retraining and the period of retraining.
Column 4 contains the name, date and number of the document on education, training and qualifications.

Information about the profession and specialty is also entered on the basis of the employee’s diploma. Employers often make mistakes in this line. For example, the diploma indicates the qualification “economist” with a specialty in “finance and credit”. In the line with the profession you need to write down exactly “finance and credit”.

Although Rostrud believes that indicating qualifications instead of specialty will not be considered a gross violation and cannot be corrected.

The education section in the work book does not need to be filled out in the following cases:

If the employee has received only primary training of grade 3.
If the employee did not provide a document that would confirm the level of his qualifications.
If the employee is a student and does not insist on making a record of incomplete education.

A sample record of education in a work book can be viewed here.

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Labor disputes » About filling out information about bachelor's, master's, and profession in the work book

We have an employee who, in parallel with his work activity, studied at a higher educational institution. According to his diploma, he has a bachelor's degree in construction.

Question

How to fill out the lines “Education” and “Profession, specialty”?

Lawyer's answer.

Labor legislation does not provide for how to enter information about education if the employee has a bachelor's or master's degree. In our opinion, the “Education” line of the title page of the work book should be filled out as follows:

- if the employee has a bachelor’s degree – “higher – bachelor’s degree”;

- if the employee has a master's degree - “higher - master's degree”.

Due to the fact that currently both master’s and bachelor’s diplomas do not contain information about the profession or specialty, we believe that this line can be left blank or the name of the assigned qualification can be indicated in it.

Based on clause 9 of 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), when filling out a work book, information about education, profession, the employee’s specialty based on documents on education, qualifications or special knowledge.

This rule is specified in 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 N 69 (hereinafter referred to as the Instructions), according to which the record of education (basic general, secondary general, primary vocational, secondary vocational, higher professional and postgraduate professional) of an employee is carried out on the basis of relevant documents (certificate, certificate, diploma, etc.). In this case, a record of incomplete education at the appropriate level can be made on the basis of submitted properly certified documents (student card, grade book, certificate from an educational institution, etc.). An entry about a profession and (or) specialty is made on the basis of documents on education, qualifications or special knowledge.

Neither the Instructions nor the Rules specify how to enter information about education if the employee has a bachelor's or master's degree.

Based on Part 5 of Art. 10 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” the following levels of professional education are established in the Russian Federation:

1) secondary vocational education;

2) higher education - bachelor's degree;

3) higher education - specialty, master's degree;

4) higher education - training of highly qualified personnel.

In this regard, we believe that the “Education” line of the title page of the work book should be filled out as follows:

- if the employee has a bachelor's degree - “higher - bachelor's degree”;

- if the employee has a master's degree - "higher - master's degree."

Regarding filling out the line “Profession, specialty”, the following must be noted.

Based on the above norms of the Instructions and Rules, information in this line is entered in accordance with educational documents.

Based on Part 7 of Art. 60 of Federal Law N 273-FZ, upon receipt of higher education, a qualification is assigned in a specialty or area of training.

The forms of master's and bachelor's diplomas are approved by Order of the Ministry of Education and Science of Russia dated October 1, 2013 N 1100. In the approved forms of master's and bachelor's diplomas there is no line “Profession, specialty,” but there is a line “By decision of the State Examination Commission, qualification was assigned.” After this line in accordance with paragraphs. 3 clause 6.2 of the Procedure for filling out, recording and issuing documents on higher education and qualifications and their duplicates, approved by Order of the Ministry of Education and Science of Russia dated February 13, 2014 N 112, the name of the assigned qualification is indicated.

Indicating the details of the document on the basis of which information about the employee’s education is indicated in the work book is not provided for by either the Rules or the Instructions, therefore, this is not mandatory.

{Question: ...How are the lines “Education” and “Profession, specialty” filled out on the title page of the work book if the employee has a higher education in a bachelor’s or master’s degree program? Do I need to provide information about my diploma? (Expert Consultation, 2017) {ConsultantPlus}}

The explanation was given by Igor Borisovich Makshakov, legal consultant of LLC NTVP Kedr-Consultant, August 2017.

When preparing the answer, SPS ConsultantPlus was used.

This clarification is not official and does not entail legal consequences; it is provided in accordance with the Regulations of the CONSULTATION LINE ().

This consultation has passed quality control:

Reviewer: Nadezhda Pavlovna Shaikhutinova, Candidate of Legal Sciences, Associate Professor of the Department of Labor Law and Fundamentals of Law, Udmurt State University

How to make changes to education information?

An entry in the work book about a change in education may be required if a person already had a diploma, but during his work he continued to study and increased the level of his knowledge. The previous mark is not crossed out, but a comma is placed after it. Current information is indicated after the decimal point. Next, the series and number of the document are entered, and the date of the changes is set.

Sample of a corrected entry on education in a work book

The employee confirms the data entered on the title page with his signature. Below, the HR department employee puts the organization’s seal and signs, confirming by these actions the relevance of the information specified.