Everything you wanted to know about work records, but were embarrassed to ask

Many workers mistakenly believe that there is nothing complicated about making an entry in the labor record.
It would seem that it could be difficult to write the date of hiring and dismissal on the form. But in fact, a personnel department employee or an employer must know many nuances that relate to making each entry. The type of entry itself will depend on the position of the employee and on many other factors that in one way or another affect the entry made.

The work of an HR department employee cannot be underestimated, therefore, to help novice HR officers, as well as for the general education of workers, in this article we consider different situations of making an entry in the work book.

Basic rules for filling out a work book

Since this form is considered one of the main documents today, it is very important to understand how to correctly make an entry in the work book.

The information contained in it is necessary for calculating pensions, confirming length of service when calculating sick leave, etc.

Therefore, the basic rules for registering labor documents are established by the provisions of the Labor Code of the Russian Federation and Resolutions of government agencies.

According to these standards, the personnel officer or responsible specialist must mark the employee’s entry to work at the business entity without fail if he performed labor functions for more than five days. If the company is his main employer.

If an employee is hired part-time, then an entry in the work book needs to be made only at the request of the employee himself. Moreover, an entry in the part-time work book is made on the basis of a certificate from the second place by the personnel inspector of the main employer.

The general rules for filling out a work book are as follows:

• All marks are made by hand by the HR specialist using a black, blue or purple pen.
• All notes entered into labor records are subject to mandatory numbering, which is carried out in ascending order. Numbers must not be repeated. Only Arabic numerals are used. Separate cells are provided for recording the date. First, the date is indicated in the cell with two digits, then the next month is indicated with two digits, and the year is indicated with four digits.
• The first sheet of the work report should reflect the employee’s personal data, which is entered in strict accordance with the document presented by him, which is an identity card (passport). In the future, at a new place of work, the personnel inspector will check the authenticity of the employment record using this information, comparing it with a passport or other identification.
• The first page of the employment contract must be certified by the signature of the personnel inspector who first opened it, as well as the seal of the business entity that issued this document. Their absence may lead to the document being declared invalid.
• The entry in the work book about hiring must be closed with a corresponding notice of dismissal. If a new employee comes to work, and he has an open appointment, but there is no dismissal, then before hiring him he must be sent to his previous place of work so that the person in charge there makes the appropriate mark. You cannot open a new one without this, or immediately warn the employee that this job will be considered a part-time job.
• It is impossible to make entries in the labor record about bringing an employee to disciplinary sanctions for labor offenses committed by him. The only exception is punishment in the form of dismissal.
• All notes included in the work report are made on the basis of relevant instructions from management. When entering data, they should be reflected in full, without any reduction. This is prohibited by law.
• It is allowed to note in the labor record information about continuous length of service or information about the non-inclusion of certain periods in the length of service for calculating a pension.
• No corrections or cross-outs are permitted in this document. Corrections are only possible on the first page with personal data, for example, when changing your last name.
• Corrective entries can be made using separate new entries.

You may be interested in:
Dismissal for repeated failure by an employee to fulfill his job duties: step-by-step instructions

See How to correctly make an entry in the labor report about the dismissal of employees.

Keepers of labor chronicles

A work book is an important official document, so its storage and recording is a responsible and serious matter. So responsible that two structural divisions of enterprises are involved in it: human resources and accounting.

Since work books and their forms are strictly accountable documents, they are required to be stored in a safe or a separate room to ensure safety. Such documents are issued only upon application.

Accounting for work book forms, the books themselves and inserts is carried out using two documents:

• receipt and expenditure book for accounting of work book forms and inserts in it;
• books for recording the movement of work books and inserts in them.

Moreover, the first book is kept in the accounting department of the enterprise, and the second in its personnel department.

In the income and expenditure book, the accountant takes into account the receipt of the relevant forms at the enterprise and their transfer to the personnel service at its request. In the accounting book, the HR specialist records the work books of hired employees and work books that were first opened at the enterprise (their receipt, establishment and delivery).

Both books must be:

• numbered;
• laced;
• sealed;
• certified by the signature of the head.

Photo gallery: storage and accounting of work books, their forms and inserts

And although in 2021 it is planned to transfer work books of Russian citizens into electronic form, for some time, along with them, paper documents familiar to everyone will be used. And, accordingly, the order of their recording and storage will continue.

On the basis of what documents is an employment entry made?

A personnel specialist can make an acceptance note only on the basis of an order issued by the company’s management, which is an order to hire an employee. His details must be indicated in the appropriate labor column.

If an employee goes to work for an entrepreneur, then the basis in this case for making a note about employment is the employment contract concluded with him.

When hiring on a part-time basis, a record of this is made by the personnel inspector for the main job on the basis of a certificate submitted by the employee from his second place of work.

Sometimes, when a previously lost book is being restored, all entries that previously existed in the previous one are made by the inspector at the last place of work based on certified certificates from previous places of work submitted by the employee.

Attention! Other documents, for example, a job application, cannot be considered as a basis for making an entry in the employment record.

Spitting copy

There are situations in life in which an employee may need a copy of his work record. This is normal practice, and, in accordance with Article 62 of the Labor Code, the employer must provide the requested document within three days.

When do you need a copy of your work record?

There are actually quite a lot of cases when a person may need a copy of his work record:

• when applying for a loan of any type in a banking institution;
• to restore a lost work book (if you have a certified copy, this is much easier to do);
• for writing a resume;
• for presentation to the pension fund;
• to obtain a passport;
• to obtain a business or work visa.

Or, for example, when a person is looking for a new job without quitting his old one, and wants to confirm his work experience to a potential employer. In general, there are a lot of options.

Copy of copy of discord

In order for an official institution to accept a copy of a work book for consideration, this copy must meet the requirements for the preparation of such documents. And in order for a copy of the work book to be regarded as a correctly executed document, it is not enough to simply make copies of its completed pages. These copies need to be properly certified.

There are two possible procedures for certifying a copy, and the choice of the appropriate one depends on the current location of the work book:

• at the employer at the place of main work;
• in the hands of a temporarily unemployed owner.

If the book is located at the enterprise, copies of its facing pages will be taken by a personnel service employee. He will fasten them and put the company’s seal on each one in such a way as not to cover the text. Next to the seal will be placed:

• the inscription “Copy is correct”;
• the job title of the employee who filled out the copy;
• signature of this employee;
• date of completion of the copy.

At his request, a copy of the employee’s work book is prepared by the inspector of the HR department, certifying it with the seal of the enterprise and his signature

If the owner of the book is temporarily unemployed and the book is in his hands, he will have to contact a notary office to certify its copy.

In what case can an employee work without being recorded in the work book?

The instructions require making a record of the employee's employment with the main employer if he has worked for the company for five or more days. When the period of work in the company is less than the established period, you do not need to make any employment records.

Notes on employment are not made in the labor office if the employee is hired part-time. Such entries are included in this form only if the employee submits a corresponding application.

Attention! It is also possible not to make an entry in the work book about hiring if the employee works on the basis of a civil law contract. In some cases, it is beneficial for both employees and the employer to enter into it.

We don’t need someone else’s, we would like to take our own

It just so happens that in modern times, rarely anyone manages to work their entire life in one place. People change jobs for various reasons: some are looking for career growth, some are looking for decent pay, while others simply can’t sit still.

Upon resigning, on the last day of work the employee must receive the salary due to him and pick up his work book. Moreover, the book must be issued even if this employee:

• did not hand over material assets or special clothing;
• did not submit the bypass sheet;
• is a financially responsible person, and through his fault, damage was caused to the employer.

But this is in theory. In practice, there are often cases when an employer tries in every possible way to delay the issuance of a work book to an employee, pursuing some of his own goals. In such a situation, how can you explain to your former boss that he is very wrong?

It is worth reminding him that when dismissing an employee, the legislator allows not to issue a work book only in two cases:

• if the employee does not show up for work;
• if the employee refuses to collect the documents.

In the first case, the book is sent to the owner by mail. In the second, the employee is sent a special notification about the need to pick up the document. From the moment such notification is sent, officials of the enterprise are not responsible for violating the deadlines for issuing the book.

An employer who unreasonably refuses to issue a work book in a timely manner deprives the employee of the opportunity to get another job and, thus, violates his right to work. And responsibility for such a violation lies not only with management, but with the entire enterprise as a whole.

Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code, entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles;
for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles. Art.
5.27 Code of Administrative Offenses of the Russian Federation (as amended by Federal Law dated July 3, 2016 N 272-FZ) https://www.consultant.ru/document/cons_doc_LAW_34661/7ff50b874c8cbce814266fd45eb5fff8b30449b6/

In addition, if a person was unable to work for some time due to the lack of a work book due to the fault of a former employer, such a person is entitled to compensation for the entire period of forced downtime at the expense of this employer. This is what the Labor Code says.

If a simple reminder of the rules of the law and responsibility for violating them does not seem convincing enough to the former employer, the work book will have to be retrieved with the involvement of a third party: the labor inspectorate or the court.

If an employer does not hand over a work book when dismissing an employee, you can go to court to protect your interests.

Moreover, contacting Rostrud is even preferable, since the labor inspectorate in this case can conduct a full inspection of the enterprise. And few people dream about this, in fact.

In any case - by persuasion, with the help of the labor inspectorate or through the court - the employee has every opportunity to defend his rights and take back his work book. Yes, and receive the required financial compensation.

At what point is an entry made in the work book?

The Labor Code establishes that the employer must issue a work report for each employee who has worked for him for more than five days. If a job opening for this employee is opened for the first time, then this must be done within a week from the date of admission.

Thus, if the person responsible for maintaining labor records did not make an appointment record within the first five days, and the employee during the same time decided to dismiss, then the absence of an appointment record will not constitute a violation of the established standards.

On the other hand, if an entry was made, then this will also not be considered a violation, since according to the Labor Rules, all information about hiring and dismissal must be entered into the document. Therefore, if an employee decides to quit, he will generally need to make a notice of dismissal.

How to correctly make an entry in a work book about employment 2021 sample

Sample letter for hiring director of LLC

When making a mark on the labor director’s form, there are several features. Its basis can be not only an order of acceptance, but also a decision of the owners, minutes of a meeting of founders, a decision of the sole owner, etc.

Also, the wording of the entry must exactly match the line in the specified document. As a result, it can be formulated not only as “Hired,” but also, for example, “Elected to a position,” etc.

You might be interested in:

Dismissal of the director of an LLC at his own request: features, step-by-step instructions for registration

Application for main job

Typically, an employee’s entry note must include information about the department, position, and order details.

Entrepreneurs are also responsible for maintaining the records of their employees and making timely entries in them. But he is not obliged to draw up orders and instructions, so he can make a note about the receipt on the basis of the concluded employment agreement.

Recruitment by transfer order sample

An entry in the employment record stating that the employee was hired by way of transfer can only be made if the notice of dismissal from his previous place states that he left by way of transfer. It should also contain a link to the required article of the Labor Code of the Russian Federation.

The formatting of the entry, in general, does not differ from the standard case, with the exception of the mention of transfer from another place.

When registering a part-time employee

When an employee comes to work part-time, his work record is kept by the main employer. The personnel officer from the main company can make a note about part-time work in it upon presentation of a certificate or extract from the order from the second organization.

Hiring an employee during vacation

When an employee is registered for the period of vacation of another, or for another reason that implies the conclusion of an employment agreement for a certain period, the entry in the work book about employment is made according to standard rules. According to the position of Rostrud, there should be no mention in the labor contract that the employee was hired under a fixed-term contract.

Regulatory documents defining the procedure for filling out

In order to avoid disagreements about how incentives are recorded in the work book, regulatory requirements and concepts have been developed that every employer must rely on. The Labor Code has legal force provided that the specified requirements are met. The main resolutions are defined in Chap. 10 and 11 of the Labor Code of the Russian Federation, and Article 66 defines the labor principles.

Important are the Rules and Instructions, which define the requirements for maintaining and storing books, as well as the literal standards for filling out and making entries in them.

The rules for maintaining, filling out the title work book, as well as storing the Labor Code were adopted by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. The rules are indicated by paragraphs that set out aspects of filling out work books for employment and the general provisions for working with them. Instructions for filling them out were developed by the Ministry of Labor and Social Development of the Russian Federation on October 10, 2003, No. 69.

An important role in a particular situation for each specific employee is played by:

• nomenclature office work;
• local acts;
• orders;
• accounting documents on which the maintenance of technical documentation is based.

They are contextually determined by the provisions adopted by the State Statistics Committee of the Russian Federation on January 5, 2004 No. 1. Of course, it is important to rely on documentary evidence provided by the applicant for the position (Article 65 of the Labor Code of the Russian Federation), which consists of information:

• about education;
• qualifications received;
• about work experience, etc.

Responsibility for incorrectly filling out the book

Current legislation implies several types of liability for errors in maintaining work records.

But in each case, the punishment falls on the responsible official, or on the organization itself:

• Disciplinary responsibility. It can be imposed on an employee for dishonest performance of his duties. At the same time, the enterprise must have an order or other document that assigns responsibilities for maintaining books to a specific employee, and he must be familiar with it. The application of punishment and its degree are determined solely by the company administration. This, first of all, should depend on the severity of the offense.
• Material liability. It arises due to the infliction of losses by the responsible person on the employee due to an incorrect entry in the work record. If by mistake an entry was made with incorrect wording, and this deprived the citizen of the opportunity to work, then the responsible person is obliged to independently compensate him for downtime based on average earnings.
• Criminal liability. This type of liability is imposed quite rarely. It can occur, in particular, for making an initially false entry, or making corrections to a document for personal gain. In this case, the perpetrator may be subject to various penalties, including imprisonment for up to two years.