Publication date 01/28/2020
In accordance with the amendments made to the Labor Code of the Russian Federation by Federal Law No. 439-FZ of December 16, 2019, starting from 2021, employers received the right to issue employee work books in electronic form (Article 66.1 of the Labor Code of the Russian Federation).
This format has a number of advantages over the traditional paper version. Firstly, it is impossible to lose an e-book.
The information will be stored on a server, and the employee or employer will be able to access it online. In addition, employers are freed from the need to purchase, register, maintain and store paper work books.
Time frame for switching to an electronic work record book
The start date for the transition to electronic work books is set at January 1, 2021. Throughout 2021, the transition to an electronic work record book will be voluntary. Citizens already employed and hired during 2021 will be able to independently choose whether to continue using the paper version of the book or switch to an electronic one. Those who get a job for the first time from the beginning of 2021 will no longer have such a choice. Their work records will immediately be maintained electronically.
Articles on the topic (click to view)
- What should an employee do if the employer has lost his work book?
- Work book for transfer to another position: sample 2021
- Work book certified by the employer for the bank: sample 2021
- Validity period for a copy of a work book for a bank
- Information about disciplinary sanctions in the work book
- The employee does not want an electronic work record book
- Example and procedure for filling out an electronic work book
What information will be in the electronic work book?
The electronic work book must contain the entire list of information that is entered into its paper version, namely:
- FULL NAME. employee;
- place of work;
- work periods;
- position (profession, specialty);
- qualification (rank, class, category, skill level);
- dates of hiring, dismissal, transfer to another job;
- grounds for dismissal.
How can an employee obtain information from a work record book?
The employee periodically needs information from his work record book. For example, to get a loan, to pass an interview, etc. If, in the case of a paper version of a work book, an employee needs to request an extract from it from the employer, forcing him to do additional paper work, in the case of an electronic document, this process has become simpler. Information from the electronic book can be obtained (Article 66.1 of the Labor Code of the Russian Federation):
- at the last employer;
- upon request to the Pension Fund or MFC;
- in your personal account on the Pension Fund website or the State Services portal.
Upon employment, the employee will be able to present the employer with an electronic work book either in printed form or in electronic form with a digital signature. The issue of providing an electronic work record book to other organizations (banks, consulates, etc.) remains unresolved today. We believe that this issue will be resolved by amending the regulations, or employers will have to submit copies in electronic form (signed with the employer’s electronic signature) or printed on paper.
How to switch to using an electronic work book?
To switch to electronic work books, the employer must take a number of actions and make changes to some local documents. Let's look at these actions in more detail.
Notify employees about the introduction of electronic work books
First of all, it is necessary to convey to employees information about the possibility of transferring information from a paper work book to an electronic one, as well as their right to keep a paper work book. To do this, an appropriate document (for example, a notice) should be issued and all employees should be familiar with it. This can be done in accordance with the general procedure established for familiarizing workers with local regulations. Each employee who has read the text of the notification must confirm this by affixing a signature either on the notification itself or on the notification sheet. The deadline is June 30, 2021 inclusive (Clause 4, Part 1, Article 2 of Federal Law No. 439-FZ of December 16, 2019).
Receive an application from the employee to save a paper work book or to maintain an electronic work book
No later than December 31, 2021, employees must write to the employer an application to retain a paper work book or to switch to an electronic work book. 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 (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).
The application is drawn up in any form, which the employer can develop independently.
If the employer has received such a statement from the employee, he is obliged to maintain his paper work book according to the old rules, as well as an electronic work book. The employee’s right to maintain a paper work book will remain with him even when moving to other employers, while he retains the right to refuse it and switch to an electronic work book (Parts 4, 5, Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).
Employees who want to completely switch to an electronic work book must also contact their employer with a corresponding application.
This is important to know: sample statement about the absence of a work book
Electronic work books are maintained from the date of application. In this case, a paper work book is handed over to the employee. It is necessary to make an entry in the paper work book that the employee has submitted an application for the employer to provide him with information about his work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 3 of Article 2 of Federal Law No. 439-FZ of December 16, 2019).
The procedure for making such an entry is not established by law. In our opinion, the entry might look like this:
Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)
Name, date and number of the document on the basis of which the entry was made
Closed Joint Stock Company "Magnit" (ZAO "Magnit")
Recruited to the legal department as a lawyer
Order dated October 7, 2019 No. 358
An application was submitted to provide information about labor activity in accordance with Article 66.1 of the Labor Code of the Russian Federation.
Statement dated 01/31/2020
HR specialist Perova M.I. Perova
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
If during 2021 the employee did not submit any of these applications, his work record book should be kept on paper simultaneously with the electronic form (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).
Employees who did not have the opportunity to contact their employer with these applications before 12/31/2020 can do so at any other time after this date. Such employees include:
- employees who, as of December 31, 2020, were not fulfilling their job duties, but they retained their place of work, including for the period of: temporary disability;
- vacations;
- suspension from work in cases provided for by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation;
For employees starting work for the first time, starting from 01/01/2021, paper work books will not be issued. Information on the labor activities of such employees is maintained exclusively in electronic form (Part 8 of Article 2 of Federal Law No. 439-FZ of December 16, 2019).
Make changes to local regulations, collective and labor agreements
First of all, an audit of internal documents, local regulations, collective and labor agreements that regulate the procedure for registration, maintenance and storage of employee work books should be carried out. If necessary, changes should be made to such documents to allow work records to be kept not only in paper, but also in electronic form.
In particular, changes may require:
- Book of accounting of the movement of work books, their forms and inserts. If an employee refuses to use a paper work book, there will be no need to keep records of it. After the paper book is issued to the employee, the date of issue of the work book to the employee, as well as the employee’s receipt of the work book, must be entered in the Book of Records of the Movement of Work Books.
- Regulations on the maintenance and storage of work books. Some organizations formalize the procedure for filling out, maintaining and storing work books in the form of an independent local regulatory act. This document is optional and can have any name. However, if the organization has such a document and it provides for the possibility of maintaining work books only on paper, changes should be made to it, according to which the work book can also be electronic.
- Labor and collective agreements. Including conditions on the procedure for maintaining work records in the text of an employment contract is practically not practiced. However, if the contract still contains such a condition, you should check whether it contradicts the new rules for drawing up work books and, if necessary, change it. Read more about how to make changes to an employment contract here. The procedure for changing the terms of a collective agreement can be found in this article.
- Other local regulations and documents containing rules for drawing up work books. The conditions contained in such documents must be brought into line with the new rules for issuing electronic work books.
Changes to a local regulatory act are made in the same order in which it was adopted. For example, if, in order to adopt a local act, the head of the organization issued a corresponding order, signed it, after which the employees were familiarized with its text, changes are made in the same order: 1) issuing an order to amend the local normative act; 2) signing of the order by the manager; 3) familiarization of employees with the text of the order to make changes.
If, in order to adopt a local act to which changes are made, taking into account the opinion of the representative body of workers (trade union) is mandatory, changes to it can also only be made in compliance with the procedure for taking into account the opinion of the trade union (Part 2 of Article 8, Article 372 of the Labor Code of the Russian Federation).
Transfer employee data to the Pension Fund
In connection with the introduction of electronic work books, employers are required, from 01/01/2020, to submit information about the labor activities of employees to the Pension Fund of Russia. The corresponding changes were made to Article 11 of the Federal Law of April 1, 1996 No. 27-FZ on persuance accounting by the Federal Law of December 16, 2019 No. 436-FZ.
This is important to know: Work record book for transfer to another position: sample 2021
Reporting must be submitted in the form SZV-TD, approved. by resolution of the Pension Fund Board of December 25, 2019 No. 730p.
If the number of employees for the previous reporting period (month) does not exceed 24 people, information can be submitted to the Pension Fund either on paper or in the form of an electronic document signed with an enhanced qualified electronic signature. If there are 25 or more employees - only in electronic form with an enhanced qualified electronic signature (clause 2.6 of Article 11 of the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system (hereinafter referred to as Law No. 27 -FZ)).
From 01/01/2020, information must be submitted to the Pension Fund no later than the 15th day of the month following the month in which any of the following events took place (clause 1, clause 2.5, article 11 of Law No. 27-FZ).
- recruitment;
- transfer to another permanent job;
- dismissal;
- the employee submits a statement that he asks to continue to keep a paper work record book for him;
- an employee’s application to provide him with information about his work activity.
Thus, information must be submitted to the Pension Fund for the first time no later than February 15, 2021 for January 2021.
From 01.01.2021, a personal reporting form will need to be sent to the Pension Fund (clause 2, clause 2.5, article 11 of Law No. 27-FZ):
- in the case of filing an application to continue maintaining a paper work book or an application to provide information about labor activity (switching to maintaining an electronic work book), as well as in the case of transfer to another permanent job - no later than the 15th day of the month following the month in which you had place of transfer to another permanent job or submission of an appropriate application;
- in case of hiring or dismissal - no later than the working day following the day of issuance of the relevant order (instruction), as well as other decisions or documents confirming the formalization of the employment relationship.
In addition to submitting information to the pension fund, the employer is also responsible for providing information about the employee’s work activities. In addition, the employee has the right to request such information from the database of the Pension Fund of the Russian Federation. Information about the employee’s work activity is provided upon request using a separate form. Initially it was planned that this would be the SZI-TD form, the draft of which the Pension Fund had previously published on its website, but later the Ministry of Labor published a draft order approving other forms:
- for filling out by the employer - form STD-R “Information on labor activity provided to the employee by the employer”;
- for filling out by the Pension Fund of Russia - form STD-PFR “Information on labor activity provided from the information resources of the Pension Fund of the Russian Federation.”
At the moment, the forms have not been officially approved.
What punishment is provided for failure to provide information about work activity or its unreliability?
Failure to provide information about labor activity or submitting it in violation of the deadline threatens to bring administrative liability for violation of labor legislation, that is, under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (clause 9 of Article 1 of the Federal Law of December 16, 2019 No. 436-FZ).
In addition, the draft amendments to the Code of Administrative Offenses of the Russian Federation provide for the responsibility of the employer for repeated (twice or more times during the year) violation of the deadlines for submitting information about work activity to the Pension Fund of the Russian Federation in the form of a warning to the official.
The procedure for registering a work book
A work book is a document reflecting the work history of a citizen. When a person applies for an old-age pension, it is the work book that serves as official confirmation of his work experience.
Please note: a citizen does not have the right to fill out his work book on his own; this is the responsibility of the personnel officer or other representative of the employer. The law does not oblige a new employee to write an application for a work book for the first time, but a sample of it will be useful if such a document is provided for by the rules of the employing organization.
If an employee for whom a work book was opened at the first place of work gets a job in another company, a second book is not issued. In the second place of work, the citizen works part-time. The law leaves it to the discretion of the employee whether or not to include information about this work period in the work book. An appointment for a second place of work is made by the personnel officer at the main place; for this you need to present him with a supporting document (a certificate, or a copy of the order, or a copy of the employment contract).
This is important to know: The employee does not want an electronic work book
How to write an application
There are no standardized forms in this case. But in order to determine how to correctly draw up an application for a certificate of employment, it is enough to draw it up according to the general rules of office work. Draw up on A4 sheet on the computer or in handwritten text.
Compile it in writing, indicating the following information:
- to whom - addressed to the head of the company (full name and position);
- from whom - personal data of the applicant;
- Title of the document;
- please provide references (list them);
- date of the request and signature of the citizen.
In the main part of the text, state the basis, for example, in connection with “retirement” or “in connection with dismissal”, then a request for the issuance of the necessary papers and a link to Art. 62 and 84.1 of the Labor Code of the Russian Federation, which allow this to be done. You must sign in person, with a ballpoint pen, even if the request text is printed electronically.
ConsultantPlus experts have sorted out what documents and within what time frame must be given to an employee upon dismissal. Use these instructions for free.
Sample application
This is an example of an application form for the provision of character references and salary certificates upon dismissal.
And this is a sample request for a certificate upon retirement.
| to CEO LLC "Ppt.ru" Petrov P.P. From a senior lawyer Sidorova S.S. Statement I ask you to dismiss me due to my retirement due to age on 05/17/2021. Based on Art. 62 of the Labor Code of the Russian Federation, I ask you to issue me the following documents related to work:
16.05.2021 Sidorov VX No. 07/07-21 dated 05/16/2021 Head of HR Department: Romanov Romanov Roman Romanovich |
Purchasing a work book
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
When figuring out how to get a work book for the first time, it is important not to make a mistake about who should purchase the document form - the employee himself in a bookstore (at the market, at a kiosk) or the employer.
It is not recommended to buy a work book form yourself, since there is a risk of buying a copy that does not meet current standards or was manufactured by an enterprise that does not have the right to produce such forms.
Important: the employer is obliged to purchase work books for staff, and he does not have the right to demand that the hired employee buy the form on his own.
The employer must also:
- maintain a special book for recording the issuance, storage and receipt and expenditure of work books, where documents of new employees are registered;
- store workers’ work books, being responsible for their safety;
- hand out a work book to the employee upon his dismissal, making an appropriate entry in the above book.
Legislative basis
Work books currently exist only on paper, but in 2021, as part of the implementation of the national project “Digital Economy”, an electronic version of the document will begin to circulate in Russia.
The employer’s obligation to maintain a work record book is regulated by Part 1 of Article 66 of the Labor Code of the Russian Federation. In accordance with it, if an employee has worked in an organization or with an individual entrepreneur for more than 5 days, a record of this must be in the work book.
The employer, represented by the employee appointed by the relevant administrative document, most often a human resources specialist, is responsible for the safety of work records during the entire time the employee works in the organization (in an enterprise, with an individual entrepreneur).
The form of work books is also established by law, namely by Government Decree No. 225 of April 16, 2003.
Storing the document and issuing it to the employee
A work record book stored in an organization cannot be handed over to an employee during the period when they are in an employment relationship with the employer. If an employee needs this document to be submitted to one or another authority, the citizen must contact the employer with an application for a copy of the work record book or an extract from it.
The employer is obliged to satisfy this application, and the authorities do not have the right to demand the original document from the person whose work book is kept at the main place of work.
How and when to submit an application
An employee has the right to receive documents about his work activity at any time: on vacation, on sick leave, but most often upon dismissal. If it is not possible to submit an application to request documents from the employer in person, he has the right to send it by registered mail with notification. In any case, when submitting to the name of the manager, it is necessary to register the application in the order of office work. To do this, the HR officer indicates the number on the request and records it in the incoming documentation log. It is necessary to write the application in two copies so that one remains with the company and the other (with registration number) with the employee. All documents upon dismissal are issued on the employee’s last working day.
general information
Surely many have lost or heard from friends about the loss of a passport of a citizen of our country. Of course, the situation is not pleasant, but you must admit that the passport can be restored since all the information contained in it is stored in the FMS office.
the restoration of work records is different . If you have lost your work book, how can you get a new one and what entries should you make? How to correctly fill out a new work book if the old one is lost?
This means that if it is lost, it is almost impossible to properly restore all the information contained in them. As sad as it may be, such situations happen quite often.
Some people lose their work documents on their own, while others lose them in the organization’s archives.
One way or another, if such a situation occurs, a new work book is urgently needed to replace the lost one.
The question also often arises: if the work book has expired, how to start a new one? We will try to answer these questions in our article. So, how to properly issue a new work book?
When applying for a job
When applying for a job, the future employee provides the organization/employer-individual entrepreneur with a work book to enter information about his work there. But if the employee does not have a book, the employer is obliged to issue one.
Article 65 of the Labor Code of the Russian Federation stipulates the employer’s obligation not only to issue a work book for an employee who has not worked anywhere before, but also to issue a new one if the old book is lost or damaged so that it cannot be restored.
To obtain a work book, the employee will need to fill out an application addressed to the employer, in which he must write something like the following: “In connection with employment (due to loss or damage to the work book), I ask you to issue me a work book.”
In this case, however, the work book is not issued to the employee. He puts his signature on the document and returns it to the HR employee.
Who buys and pays for the work book form
An employer does not have the right to require a new employee to buy an employment form himself. Work books are strict reporting forms produced by Goznak, which the employer must keep records of in a special income and expense book. Forms are purchased from their manufacturer or distributor on the basis of an agreement with him (clauses 3 and 4 of the Procedure for providing employers with forms, approved by Order of the Ministry of Finance dated December 22, 2003 No. 117n).
The employer cannot accept new employment forms from people applying for a job, since he has no way to verify their authenticity. In addition, Art. 65 of the Labor Code of the Russian Federation directly obliges the employer to draw up work books for employees, for which the enterprise must have a supply of blank book forms and inserts for them (clause 44 of the Rules for maintaining and storing work books).
The employer may charge the employee the cost of the work book, taking into account the costs of acquiring it. In practice, this means that the price may include not only the price of the form itself, but also, for example, transportation costs.
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| Anton (guest) [email protected] | |
| Hello! I came to work after college and have no work book. A young girl works in the personnel, she said that she needs to write an application for the issuance of a work book, but she doesn’t know how to write it. Please tell me the text, maybe it should be some specific (typical). Thank you in advance. | |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| Inna (guest) [email protected] | #2[118544] October 3, 2009, 13:44 |
Notification is being sent...
| Allegra" [email hidden] , Wrote 26284 messages Write a private message Reputation: 3478 | #3[118545] October 3, 2009, 2:13 pm |
the employer fills out a work book of the approved sample of the republican work book of 2005. The Instructions do not say that an employee entering work for the first time must write an application for the issuance of a work book, or an application for payment of its cost. Consequently, there is no need to write an application from an employee entering work for the first time with a request to issue a work book. In addition, it is necessary to take into account that there is an exhaustive list of documents that the employer is obliged to require and the employee is obliged to provide, see the same article. 26 Labor Code of the Republic of Belarus:
Scroll: Article 26. Documents presented when concluding an employment contract
When concluding an employment contract, the employer is obliged to demand, and the citizen must present to the employer: 1) a passport or other identification document; military registration documents (for those liable for military service and persons subject to conscription for military service); 2) work book, with the exception of those entering work for the first time and part-time workers; 3) a diploma or other document on education and professional training confirming the right to perform this work; 4) assignment to work on account of reservation for certain categories of workers in accordance with the law; 5) conclusion of the medical and rehabilitation expert commission (MREC) on the state of health (for people with disabilities); 6) a declaration of income and property, an insurance certificate, a medical report on the state of health and other documents confirming other circumstances related to work, if their presentation is provided for by legislative acts. Hiring without the specified documents is not permitted. It is prohibited to require documents not provided for by law when concluding an employment contract.
Consequently, it is unlawful to demand any other documents from the employee, incl. and an application for the issuance of a work book. At the same time, I would like to note that the forms of work books and inserts for them, like BSO, must be stored in the accounting department of the organization and must be issued by the accounting department to the person responsible for maintaining work books, upon his application.
I want to draw the moderator's attention to this message because:Notification is being sent...
I do not give advice in private messages. Please ask all questions on the forum.| Honya [email protected] Belarus, Minsk Wrote 183 messages Write a private message Reputation: | #4[118556] October 3, 2009, 5:38 pm |
Notification is being sent...
| Allegra" [email hidden] , Wrote 26284 messages Write a private message Reputation: 3478 | #5[118560] October 3, 2009, 6:32 pm |
". But there is no need to appeal to the fact that paragraph 55 speaks of the need for the organization’s cash desk to go only to “state bodies financed from the republican and local budgets, incl. local executive and administrative bodies..." and further in the text of this paragraph of the Instructions. The work book for an employee entering work for the first time is carried out
no later than one week from the date of hiring
. The employee receives a salary
after a month of work
(roughly speaking), according to paragraph 55 “
upon issuance
work book (duplicate), as well as an insert in the work book, the employee pays its (his) cost in the amount spent by the employer on their acquisition.” I want to draw the moderator's attention to this message because:
Notification is being sent...
I do not give advice in private messages. Please ask all questions on the forum.| Olga [email hidden] Belarus, Minsk Wrote 406 messages Write a private message Reputation: | #6[344627] February 9, 2012, 15:56 |
Notification is being sent...
| Scorpion_grass [email hidden] Minsk is my life’s residence! Wrote 19867 messages Write a private message Reputation: 4020 | #7[344633] February 9, 2012, 16:08 |
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- Dad, tell me how to live without getting tired? “Live like a person, white Rio de Janeiro,” this is the crystal dream of my childhood, don’t touch it with your paws. (c) I'm not afraid to stand out from the crowd, I'm afraid to be one.| vik [email hidden] Belarus, Minsk Wrote 431 messages Write a private message Reputation: | #8[344634] February 9, 2012, 16:15 |
Quote:
In addition, it is necessary to take into account that there is an exhaustive list of documents that the employer is obliged to require and the employee is obliged to provide, see the same article. 26 Labor Code of the Republic of Belarus:
but the list doesn’t even include a job application, but it should be... They write me the following application with approximate content: I ask you to give me a work book due to the fact that I have not previously worked under an employment contract.
I want to draw the moderator's attention to this message because:Notification is being sent...
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During the work process
Since the employer is responsible for the safety of the employee’s work book, it is not beneficial for him to hand over the original to the employee. The legislation provides for one case when the employee is given the original book - Article 62 of the Labor Code of the Russian Federation determines that for the purpose of compulsory pension insurance (for applying to the Pension Fund), the employee can, upon written application, receive the original.
In other cases, the employer, also upon a written application from the employee, may provide a duly certified copy of the work record book.
A copy or original of the document is issued by the employer within 3 days after receiving the application. Issuing a work book after this period is a violation of the law.
In case the employee is nevertheless issued the original work book, labor legislation, protecting the interests of the employer, obliges the employee to return the work book no later than three days after the Pension Fund returned it to the employee.
The fact of issuing the original book to the employee must be recorded in the Journal of Accounting and Movement of Work Books or by means of a receipt in which the employee indicates the date of receipt of the work book. Thus, if the book is lost during this period, the employer will not be held responsible for it.
Let us note that in addition to the above-mentioned grounds for issuing the original work book, the employer does not have the right, therefore, the employee also does not have the right to demand its original.
