Law on the transition to digital format of information about experience
The law on the introduction of electronic work books in Russia has already been adopted (Law dated December 16, 2019 No. 439-FZ). It came into force on January 1, 2021.
During 2021, there will be a gradual transition to electronic work books.
But is it necessary to switch to electronic work books? Yes, employers are now required to submit information about all their employees to the Pension Fund to generate information about their work activities in electronic form (Article 66.1 of the Labor Code of the Russian Federation).
But workers are not required to switch to electronic work books. They have the right to inform the employer that they want the work record to be kept on paper, as before.
Notice of the transition to electronic work books in 2021
It is the responsibility of all employers to notify employees about the introduction of electronic work books. You also need to notify about the need to make a choice in what form the employee’s work record book will be kept.
KEEP IN MIND!
Written notifications must be issued to employees no later than October 31, 2020 (Resolution of the Government of the Russian Federation dated June 19, 2020 No. 887).
If an employee is on a long vacation, business trip, maternity leave or parental leave, you can send him such a notice by mail.
In response, the employee must convey to the employer one of two things:
- application for transition to an electronic work book;
- an application with a request to continue keeping a work book on paper.
Until December 31, 2021 inclusive, it is necessary to collect statements from employees about their choice of work book form. The specified information is included in the SZV-TD report submitted based on the results of the past month .
If the employer refuses to keep a work record book on paper, it must be handed over to the employee. does not provide for the possibility of subsequently returning to maintaining a work book on paper .
Forms and samples of notifications and applications
The forms of notification and statements are not established . Each employer must approve them independently.
This is important to know: 229 Federal Law “On Enforcement Proceedings”: 2021 edition
We offer possible forms for applications from employees and notifications about the transition to electronic (digital) work books in 2021:
- Form 2021 notification of the transition to electronic work books: forms Sample 2021 of filling out an employee’s notification of the transition to electronic work books in 2021:
Expert opinion
Davydov Alexander Yurievich
Civil law consultant with 20 years of practice. Author of numerous articles on legal topics
To notify each employee in writing about the transition to electronic work books no later than October 31, 2021 , you can use the following notification:
- Form 2021 for an employee’s application to maintain a paper work book: forms Sample 2021 for an employee to fill out an application to maintain a paper work book: download an example
If an employee wants to continue to keep a paper work record book, he submits the following application:
- Form 2021 application for transition to an electronic work book: forms
- Sample 2021 for an employee to fill out an application to switch to an electronic work book: download example
To start generating information about work activities in electronic form and abandon the paper work book, you need to receive a special application from the employee about switching to digital. Here's a possible example:
ConsultantPlus has detailed step-by-step instructions on how an employer can prepare for the transition to electronic work books in 2021. Free 2 days when registering access to the K+ system.
Employees must submit applications by December 31, 2021. However, according to the law, you can submit an application after 2021 (Article 2 of Law No. 439-FZ dated December 16, 2019).
Electronic work books and new reporting forms
When you mention the term “electronic work book,” you might think that a special file will be created for each employee, which will be stored on a flash drive in the human resources department or on the company server.
But that's not true. Now all information about work activity will immediately go into the Pension Fund database and be stored there. The employer’s obligation to generate this data in electronic form is provided for in the new Article 66.1 of the Labor Code of the Russian Federation. Businessmen will be required to regularly provide the Pension Fund with information about all changes in personnel. For this purpose, a new report has been introduced in 2021 - SZV-TD.
The report form was approved by Resolution of the Pension Fund of December 25, 2019 No. 730p and includes:
- Information about the employer: name, TIN, KPP and registration number in the Pension Fund.
- Full name and SNILS of the employee.
- Information about work activity:
— hiring an employee;
— labor function;
- transfer to another permanent job;
- dismissal;
— details of orders on personnel movements.
- An employee’s choice between an electronic and paper work book.
- An employee’s request to provide information about their work activities.
The report must be submitted electronically if the number of employees exceeds 25 people. Smaller companies with fewer employees can use the paper format.
The deadline for submitting the SZV-TD depends on the year. During the “transitional” year of 2020, the form must be submitted monthly, by the 15th, if the events listed above in paragraphs 3 - 5 occurred in the current month. If there were no “movements” regarding personnel in the past month, then the SZV-TD may not be submitted.
From 2021, the requirements will become stricter. Information about hiring and dismissal will need to be provided to the Pension Fund no later than the next working day. And you can still report on transfers to another job, choosing an option to use a work book and issuing statements - until the 15th of the next month.
By February 15, 2021, everyone will have to submit the SZV-TD, even if there have been no personnel movements. No later than this date, each employer must provide information on the work activities of all its employees as of 01/01/2020 (Clause 2.5 of Article 11 of Law No. 27-FZ).
In addition to SZV-TD, new forms STD-R and STD-PFR will be introduced from 2021.
According to the STD-R form, the employer must provide the employee with information about his work activity:
- at any time within three working days after the request;
- on the day of dismissal.
Also, the employee will be able to receive an extract about his work experience in the STD-PFR form directly at the Pension Fund branch, or through the MFC or the State Services portal.
The STD-R and STD-PFR formats have not yet been approved, but in general they contain the same information as the SZV-TD report. The drafts of these two forms are posted on the Pension Fund website.
How to get a work book
The question of how to obtain a work book for the first time is regulated by the Labor Code of the Russian Federation and the Rules for maintaining and storing work books - it must be issued by the employer (approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).
An organization or individual employer issues a new employment form for an employee within a week in the following cases (Articles 65, 66 of the Labor Code of the Russian Federation, clause 8 of the Rules):
In any of these cases, you need to write an application requesting a new work book.
If the employee did not provide such an application upon admission, the employer requests his employment record. In its absence, he must create a new form, since the legislator obliges all employers to keep work books for employees when (Part 3 of Article 66 of the Labor Code of the Russian Federation):
- for the employee, work activity at this enterprise is the main one;
- the employee worked more than 5 days.
Sanctions for violating the procedure for maintaining electronic work books
When the new SZV-M form was introduced in 2021, special sanctions were provided for violations of the procedure for submitting it - 500 rubles for each employee included in the report.
The law does not provide for special penalties for the SZV-TD and STD-R forms. For violations of the procedure for filling out and submitting them, the employer or the guilty person may be punished under the “general labor” Article 5.27 of the Code of Administrative Offenses of the Russian Federation. The maximum sanctions for it (in case of repeated violation) reach 20 thousand rubles. for an official or individual entrepreneur, or 70 thousand rubles. - for the organization.
No. 748758-7 is currently being considered in the State Duma . If it is adopted without changes, then the punishment for violating the procedure for submitting the SZV-TD form to the Pension Fund will be limited to a warning.
As for issuing the STD-R form to an employee, this operation essentially corresponds to issuing a “regular” work book. Therefore, there is unlikely to be any mitigation of sanctions compared to the current version of Article 5.27 of the Code of Administrative Offences.
Application for registration of a work book for the first time: sample
An application for registration of a work permit for initial employment is written in free form. It must include the following details and information:
- Full name and position of the head of the company.
- Full name of the person being employed.
- The text of the application must indicate that the person is entering work for the first time.
- Date and signature.
The application can be written by hand or typed on a computer. It is stored either in the employee’s personal file or in the work book.
Does the application need to be certified?
Expert opinion
Davydov Alexander Yurievich
Civil law consultant with 20 years of practice. Author of numerous articles on legal topics
The application must be certified by the personal signature of the employee. Upon receipt, the employer's responsible person will need to record the date of receipt in the incoming correspondence log.
This is necessary for drawing up a report to the Pension Fund of the Russian Federation. The report form contains a line where you need to indicate the date of receipt of the application from the employee. And by the 15th of the next month, all information must be transferred to the Pension Fund.
For example, accountant P. submitted an application on March 18, 2021; her choice must be reflected in the report and sent to the Pension Fund by April 15.
If you choose to maintain a work record book only in digital form, the paper version is given to the employee. In this case, the last entry is made with the date of issue and the basis containing information that the work book was issued in accordance with the employee’s application and Art. 66.1 Labor Code of the Russian Federation.
Records of the current employer, as well as information about incentives, must be certified by a seal.
Are employers liable for failure to submit statements?
The legislation provides for punishment for untimely informing staff about the upcoming transition to an electronic format and the right to choose the form of the work book, as well as for issuing work books without appropriate applications. The amounts of fines are provided for in Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. In accordance with this article, heads of organizations and individual entrepreneurs will have to pay a fine of 1000-5000 rubles. Larger fines are provided for legal entities: from 30 to 50 thousand rubles.
Where is it stored?
The method of storing a paper document on work experience depends on which option for maintaining a work record book is chosen by the employee:
- independently, if the application contains a method for generating only an electronic document. All responsibility for storage then lies with the citizen himself. The paper work book does not lose its relevance when confirming the work path until 2021. Records will be generated in the ETC starting in 2021;
- from the employer in accordance with the rules for maintaining and storing work books, if the employee has chosen to duplicate records in paper form. In this case, nothing changes, the book is in the custody of the employer and the entries are simultaneously entered into both the ETC and the paper version.
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