Responsibility for failure to make an entry in the work book about employment

The specifics of maintaining work books and personnel documents are regulated by labor law. When hiring an employee for a full-time position, he must sign an employment contract. To legally formalize the labor relationship, the employer issues an order to appoint a person to a vacant position, and after the actual start of work, they make entries in the work book. But if the employer did not make an entry in the work book about hiring, transfer or dismissal, this is considered a gross mistake for which one must be held accountable.

Employer's liability

A work book is the main document of an employee, which records information about the employee’s length of service, as well as what professional activities the employee was engaged in during his working life . In addition, the book can tell you how successful his work activity was. This can be judged by the section of the employee’s rewards book, as well as data on his career growth.

Important! If some entries are not made in the work book, this leads to a reduction in his work experience.

For incorrect maintenance of work books, administrative liability is provided, both for the company as a whole and for officials required to maintain work books. This is stated in the Rules for maintaining work books (Resolution 225 of April 16, 2003).

For the fact that the employer did not make an entry about the work in the work book, he faces liability established by Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (clause 1 and clause 2), and the following penalties are provided:

• warning;
• fine for officials and individual entrepreneurs from 1000 to 5000 rubles;
• fine for organization - 30,000 - 50,000 rubles.

The amount of penalties will increase if the violator has previously been subject to administrative punishment for a similar violation. The maximum fine for repeated violations for companies increases to 70,000 rubles, and for individual entrepreneurs – to 20,000 rubles. An official may also be disqualified for a period of one to three years.

Work books. Promotion records

On the eve of the New Year, we want to draw up orders for awards for the long-term work of our employees who have worked for over 5 years, but the situation is complicated by the fact that in the work book one employee was registered in different individual entrepreneurs and LLCs (but in the same organization).

How to correctly make an entry in a work book, and in general, are these entries subject to verification?

According to Art. 66 Labor Code of the Russian Federation

The work book contains information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work.

Rules for maintaining and storing work books

, production of work book forms and provision of them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 255, specifies this norm of the Labor Code of the Russian Federation.

In accordance with clause 24 of the Rules... the following information about rewards (incentives) for labor merits is entered into the work book

:

a) on the awarding of state awards, including the conferment of state honorary titles, on the basis of relevant decrees and other decisions;

b) on awarding diplomas, conferring titles and awarding badges, badges, diplomas, certificates of honor by organizations;

c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations of the organization, charters and regulations on discipline.

At the same time, entries about bonuses provided for by the remuneration system or paid on a regular basis are not entered

.

Therefore, making entries in the work book about the employee’s awards is the responsibility of the employer.

.

Thus, failure to make entries in the work book about awards to employees can be regarded as a violation of labor and labor protection legislation, for which Art. 5.27 of the Code of the Russian Federation on Administrative Offenses

administrative liability is provided in the form of an administrative fine
for officials
in the amount of five to fifty times the minimum wage;
for persons carrying out entrepreneurial activities without forming a legal entity
- from five to fifty times the minimum wage or administrative suspension of activities for up to ninety days;
for legal entities
- from three hundred to five hundred minimum wages or administrative suspension of activities for up to ninety days.

A violation of labor and labor protection legislation by an official who was previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years.

State supervision and control over compliance with labor legislation is carried out by state labor inspectors

.

When carrying out state supervision and control, state labor inspectors in accordance with Art. 357 of the Labor Code of the Russian Federation have the right, in particular

:

– in the manner established by federal laws and other regulatory legal acts of the Russian Federation, freely at any time of the day

if you have a standard certificate,
visit
organizations of all organizational and legal forms and forms of ownership, employers - individuals, for the purpose of conducting an inspection;

– present employers and their representatives with binding orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;

– draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and the court other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation.

Note!

During an inspection, the state labor inspector may notify the employer or his representative of his presence, unless he considers that such notification may harm the effectiveness of control.

Thus, inspections of compliance with labor laws can be carried out without restrictions on their number and timing.

To ensure that the state labor inspector does not have unnecessary questions when checking the procedure for maintaining work records in your situation, it is easier for you to issue an order to reward the “controversial” employee on a different basis, that is, not for many years of work, but for some specific achievement.

The procedure for entering information about awards into the work book is established in clause 4 of the Instructions for filling out work books

, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

In column 3 of the section “Information about the award”

the work book contains the full name of the organization as a heading, as well as the abbreviated name of the organization (if any);
below in column 1
the serial number of the entry is entered (numbering increasing throughout the entire period of the employee’s work activity);
Column 2
indicates the date of award;
Column 3
records who awarded the employee, for what achievements and with what award;
Column 4
indicates the name of the document on the basis of which the entry was made, with reference to its date and number.

What should an employee do if the employer does not make an entry in his work book?

If the employee himself notices that there is no record of current or previous work in his work book, then he has the right to demand that this error be corrected. Employers, as a rule, do not refuse to do this and make the missing entry in the work book properly. Both the current employer of the individual and the employer who made this mistake can make a missing entry. In order for a current employer to make a record of past work, he will need to provide a document confirming the hiring and dismissal of the employee. Such documents may include an employment contract and a certified copy of the order . The employee can request all these documents from his former employer.

Important! Entering information about work into the work book based on the testimony of witnesses or the employee himself is not allowed. Documentary evidence of work is required.

But employers do not always accommodate employees (especially former employees) and provide the opportunity to restore a missed entry in the book. In this case, the employee has the right to file a complaint against the former employer with the labor inspectorate or even go to court (Read also the article ⇒ How to open a work book for the first time).

What to do if the entry in your work book is made incorrectly?

On the contrary, on the basis of Article 22 of the Code of the Russian Federation, the employer is obliged to strictly adhere to the requirements of labor legislation and strictly comply with them.
The procedure for correcting errors in the book is set out in Section III of the Rules. However, neither this section nor the legislation in general has established the procedure for making up for missed ones. From this we conclude that in this case it is necessary to use the general procedure for making entries in the book and correcting errors.

2. Or the second option: the employee provided a blank work book and a copy of the old work book for recording temporary work, saying that the main one was lost. What is the best way to proceed in this case.

Is it possible to accept, fill out and make a new entry?

In this case, if the employee does not have a book, the employer is obliged to issue him a new book. However, do not draw up work books on forms that the employees themselves brought.

You explain to the employee that you may not contribute something, but what about compliance with Article 66 of the Labor Code of the Russian Federation? You read this phrase incorrectly, you took it out of context, the main point of my entire story is that, well, it is not possible to hide the data that you worked, especially since now every three months a report is submitted to the Pension Fund of the Russian Federation, therefore, make an entry or not to make an entry, the result will be, whoever needs it will find out where and how the employee worked.

Of course, if for any reason an entry in the Labor Code was not made (for example, about transfer to another position, hiring, dismissal, etc.), then one cannot turn a blind eye to this, since otherwise the citizen will have problems with the size of the pension and determination of length of service. The options for resolving this issue are:

• contact the previous management with a request (or legal requirement) to correct the error and make an entry in the document;
• It happens that there is nowhere to turn, because... the company was liquidated - in this case, you should contact the new employer and provide papers confirming your previous place of work.

However, the new management may refuse to make an entry, because they have nothing to do with the previous organization. In this case, you should file a complaint with the labor inspectorate. But, you should remember that in order for the complaint to be accepted, you must confirm that you actually worked in the previous organization.

Even in cases where there is no record (and along with it there is no employment contract), it should be understood that the citizen is still protected by laws, in particular the Labor Code of the Russian Federation. If the issue cannot be resolved otherwise, it should be considered in court. Practice shows that citizens almost always win lawsuits and receive the missing recording.

If errors are found in the employee’s work record that were made by his previous employer, they need to be corrected. This is done on the basis of documents and their copies presented from the person’s previous place of work.

within the framework of cooperation between HRMaximum and the magazine “Actual Accounting”.

Errors in the work record made at a person’s previous places of work need to be corrected. There are two options for making corrections. Or the employee independently contacts the previous employer, and there the error is corrected in accordance with the established procedure. Or the company where the employee currently works sends a request to his old place of work and corrects the error based on the official response.

It is impossible to make corrective entries in the work book based on the employee’s words. To correct mistakes, you need to obtain the necessary documents from your previous employer (clause 27 of the Rules, approved by the Russian Government of the Russian Federation dated April 16, 2003 No. 225 (hereinafter referred to as the Rules)). These may be copies of orders for employment, transfer and dismissal, or the cancellation of these orders, as well as certificates and extracts from documents in which these orders are mentioned (personal card, personal account, order registration book, etc.).

Let us remind you that in the sections “Information about work” and “Information about awards” it is not allowed to cross out or correct entries using corrective means. Incorrect entries must be declared invalid (clause 30 of the Rules). All detected errors (including grammatical ones) must be corrected. To correct errors, see

The employee has been working at Aktiv LLC as an accountant since December 23, 2011. In her work book, an incorrect entry was found in the “Work Information” section, which was made by her previous employer, Passive CJSC. When applying for a job, the position “office manager” was incorrectly indicated, which does not correspond to the Classifier of Occupations.

Instead, you need to write “manager’s secretary.” The HR manager of Aktiv LLC sent a request to Passiv JSC with a request to provide documents confirming the employee’s hiring. The personnel service of JSC Passiv sent a copy of the employment order, on the basis of which a correction was made to the work book on January 18, 2012 (see Fig. 1).

If a company that made an incorrect or inaccurate entry in the work book was reorganized, an entry about the correction is made by its successor (or the current employer sends a request to the successor for documents to make corrections) (clause 28 of the Rules). If the previous employer is liquidated, corrections must be made to the employee’s new place of work on the basis of an official document (for example, an extract from the Unified State Register of Legal Entities).

The article of the Labor Code is indicated incorrectly (instead of clause 3, part 1, article 77 of the Labor Code of the Russian Federation, article 78 of the Code is indicated). In 2011, Aktiv CJSC was reorganized (merged into Alfa OJSC). A HR specialist from Passiv LLC made a request to the legal successor, Alfa OJSC, to obtain supporting documents regarding the dismissal.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

You cannot hand out a work book

The issuance of a work book to an employee is provided only in the event of his dismissal. If during the period of work an employee needs a work book, he can only receive a certified copy or an extract from the work book. The fact is that responsibility for organizing the work of maintaining and storing work books rests with the employing company, and not with the employee.

Even if the employee writes a statement or receipt stating that he took the work book for certain purposes, if the document is lost, the employer or the person responsible for maintaining and storing work books will be found guilty. If a person does not get a new job, and the work book in which an error is found is in his hands, he can independently apply to his previous place of work and the erroneous entry will be corrected there.

If the work record book is given to the personnel service at the new place of work, the employee can contact the former employer with an application to issue him a document indicating an incorrect entry, present it to his current employer, who will make corrections. The correction must be made in the manner prescribed by paragraph 1.2 of the Instructions for filling out work books.

Irina Shcherbinina, leading legal consultant of the general legal department of the Legal Department of GazpromNeftekhim Salavat

If the previous employer is liquidated

In the event of liquidation of a company that made errors in the work book entries, corrections will have to be made by the personnel officers of the company in which the person currently works. In this case, it is better for the new employer to obtain a statement from the employee. The application must indicate that the previous employer has been liquidated, so the employee asks the current employer to make corrections to his work book.

The text of the application may, for example, be as follows: “I ask you to make corrections to entry No. in my work book, indicating the correct entry. Romashka LLC has been liquidated since In this case, the employee attaches to it an extract from the Unified State Register of Legal Entities (it will confirm the liquidation of the previous employer), as well as documents proving the errors of the entries made (if any).

An employee can obtain an extract from the state register himself by contacting the tax office with which his previous employer was registered. This application from the employee and an extract from the Unified State Register of Legal Entities will be the basis for the current employer to issue a corresponding order, the details of which the personnel officer will subsequently indicate in the employee’s work book when correcting erroneous information and making correct entries.

April 20, 2013

Ekaterina Stepina, expert on financial legislation

It is clear that personnel officers will not be happy if they see that she lasted only a few days in last place. But can this be avoided? Oksana Grigorievna decided to consult a lawyer on labor law. — I was given a month of probation. During what period can I change my mind about working at the company and pick up the book without registration?

- Oksana Grigorievna ended her story with this question.

book or write him a new one (then he will throw it away) If he is a part-time worker, he has every right to do so.

if he is a part-time worker, then his lies elsewhere. That doesn’t stop him from bringing it and bringing in the part-time job if he wants to.

categorically interferes :)) about part-time work is entered at the MAIN place of work :)) yeah. it still won’t help :)) this is from the series “and I WILL write garbage! WILL! I WILL!”:)) a person does NOT bring it to the company where he works part-time.

How to make a missed work entry in the work book

If necessary, labor legislation does not prohibit making missing entries in the work book. There is no special procedure provided for this, so you can use the general approved procedure for making entries in the work record and correcting errors in it.

The missing entry is made as the next entry in the book, after the final one. In this case, the same procedure is applied as provided for by the Labor Rules and the Instructions. When making an entry in this way, both the deadline for making an entry and the chronological order of all entries are violated. But there is no other procedure for making a missed entry in the labor record (

Late entry into the labor record book

If the employer does not timely make an entry in the work book record book indicating that the work record was received from the employee, then this entails administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). However, if the inspection reveals only such a violation, the employer may be released from liability due to the insignificance of the offense.

The work record book is an important and mandatory document. If the company does not have such a document, then it must be created and filled out. The registration procedure must be followed as follows:

Responsibility for failure to make an entry in the work book

The rules for maintaining the Labor Code, namely paragraph 45 of these rules, state that the employer is solely responsible for filling out the Labor Code. Clause No. 10 states that when a complaint is received against an employer regarding incorrect filling, an unscheduled inspection awaits him. As a result of such an inspection, the manager, as a rule, faces administrative liability on the basis of Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Often, such responsibility turns into either a warning or a fine:

• up to 5,000 rubles, if we are talking about officials and entrepreneurs;
• up to 50,000 rubles, in the case of legal entities.

If the violation occurs again, the fine will be increased. That is why lawyers and jurists strongly advise that you pay attention to the procedure for filling out an employee’s Work Book.

If there has already been a failure to make an entry in the Labor Code, then it should be entered. To do this, you need to follow a simple procedure - enter the objective missing information. You should not try to fit it between entries in order to complete the chronological order. It is entered after all previous entries.

• It is necessary to indicate: serial number of the record;
• correct recording date;
• all required basic information;
• order numbers.

A work book is the main document accompanying the labor relationship between an employee and an employer. On its basis, recruitment to a new position is carried out. The pension is calculated based on the information from the book.

The law imposes strict requirements for its completion. One of these requirements is the mandatory inclusion of information in the document upon dismissal of an employee.

On the day of dismissal, the employee must be given a book with all the necessary records.

Both companies and individual entrepreneurs are required to make entries in the books of their employees. Article 66 of the Labor Code of the Russian Federation states that the book is the key document on the basis of which the work experience of a specialist is recorded. On its basis, other information about the employee is also determined. Features of management are approved by these acts:

• The rules established by Government Decree No. 225.
• Instructions established by Resolution of the Ministry of Labor No. 69.

Paragraph 4 of Rules No. 225 indicates exactly what data needs to be entered in the book:

• Information about the employee: position, specialty.
• The work being performed.
• Transfer to other positions.
• Grounds for dismissal of an employee.
• Awards.

A representative of the personnel service cannot either omit information or enter unnecessary data. Article 22 of the Labor Code of the Russian Federation states that the employer must comply with all provisions of the law. That is, when filling out the book, he cannot act at his own discretion.

Responsibility for incorrectly filling out the book is imposed on the basis of Article 419 of the Labor Code of the Russian Federation. In order to avoid punishment, you must first check whether existing records comply with the law. Only then should new entries be made.

When filling out, they usually forget to enter this information:

• Education.
• Position and specialty.
• Employee benefits, if any.
• A record of termination of an agreement with an employee indicating the current date.
• Changing the name of the company or department if this occurred during the employee’s employment.
• Serial number of the record.
• Date of entry.
• Information about the assignment of qualifications.

The employer must check whether the information in the book is entered correctly, since it is he who is responsible for errors. However, the employee is recommended to check the information entered, as it may affect further employment and determination of length of service.

IMPORTANT! The employer may not simply forget to enter some information. He may not record at all that the employee worked for the company. This is a very serious offence. It is fraught for the employee.

Let's look at an example. A person has been working in a company for 5 years. Upon his dismissal, no entry was made in his Labor Code. Because of this, the employee will not be able to prove to the new employer that he held a certain position. In addition, the recorded length of service will be less than the actual one.

ATTENTION! There should be no erasures or strikethroughs in the work book.

What to do if the required entry was not registered in a timely manner? We need to bring it in. To do this, simply fill in the missing entry. It is entered after the last entries, if any. This information is indicated:

• Serial number.
• Date of.
• Basic information.
• Order number and date of issue.

The record contains current information about hiring and dismissal. What to do if a missing entry is discovered after the employee has started a new job? You must contact the HR department of the employer who did not enter the information. If the previous employer went into liquidation, the missing entry can be made in the personnel department of the new employer.

The procedure for action in case of errors is specified in section 3 of Rules No. 225. However, these are general recommendations. The procedure for working in the absence of a record is not established by the Rules. Therefore, in this case, you should be guided by the standard procedure for correcting errors.

Paragraph 29 of Rules No. 225 states that entries in the book are made on the basis of documents such as an employment contract, an order from the manager on hiring/dismissal. The entries in the work book and the data in the papers must correspond to each other.

Paragraph 45 of Rules No. 225 states that it is the employer who is responsible for filling out the books.

Subparagraph “b” of paragraph 10 of the Regulation on Labor Supervision No. 875 of September 1, 2012 states that if an employer receives a complaint regarding violations in filling out the book, an unscheduled inspection awaits him.

The result of control measures may be administrative liability on the basis of Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

In particular, this is either a warning or a fine:

• 1,000-5,000 rubles for officials and individual entrepreneurs.
• 30,000-50,000 rubles for legal entities.

If a repeated violation is detected, the fine will be increased.

Lack of recording is always a problem for an employee. Even if the new employer did not notice the missing entry, difficulties will arise in determining the length of service when establishing the amount of the pension. Therefore, this miscalculation can and should be paid attention to.

The employee has the following options:

• The main option is to contact your former employer with a request to make the missing entry.
• If your previous place of work was liquidated, then it makes sense to contact your current employer. He needs to provide all documents confirming that the employee actually worked for the company. For example, this could be an employment contract.

Let's consider another situation. The former employer refuses to make the entry. In this case, it makes sense for the employee to send a complaint to the labor inspectorate. But here a new problem arises - in order to file a complaint, a person needs to confirm that he actually worked for the company.

How can he do this if there is no entry in the book and no employment contract? Even in this case, the worker is protected by law. There are relevant precedents. For example, this is the decision of the board of the Khabarovsk Regional Court.

The board considered the following case: an employee was hired by the personnel department. They did not sign an employment agreement with him. His book was accepted, but no entries were made in it. The book was given back without any notes.

The worker filed a lawsuit. The first claims were rejected on the grounds that there was no evidence of employment with the company. However, the claim was subsequently accepted. During the court hearings, it was possible to prove that the employee worked for the company.

That is, even if there are no documents, this does not mean the absence of labor relations. The plaintiff managed to win the case.

Answers to common questions

Question: An employee needs to make an entry in the work record about missed work, but there is no more space in the record book, what should be done in this case?

Answer: In this case, an insert is added to the labor document and the necessary information is entered into it. After this, the insert is filed to the work book. This insert is a continuation of the workbook, so for convenience it is recommended to attach it at the end of the book. This way, the chronological order of the entries in both the book and the insert will be maintained. The most reliable way is to sew the form into a book.