Then it is written down by whom, for what and with what reward the employee is awarded. The number and series of documentation (the basis for recording in the book) must be indicated. What entries are made in the work information section? In addition to the basic information about the owner of the book on the first page, a lot is also written in the work section:
- reception)
- translation)
- dismissal.
There are also several aspects of making entries that the employee and manager need to know.
- part-time)
- service and training)
- advanced training, rank.
An employee who has two jobs (main and part-time), at his own discretion, may ask to record this information your main leader.
When working under a contract, can I count on an entry in the work book?
To make an entry in the work book about employment in mandatory must have employment contract, concluded between the employer and the employee in accordance with the norms of the Labor Code, as well as the issuance of the corresponding order. The approximate form of an employment contract was approved by a resolution of the Ministry of Labor dated December 27, 1999. N 155. Recording in work book is entered on the basis of an order. Perhaps you meant a record of part-time work? Here it is done just at the request of the employee Scroll: INSTRUCTIONS ON THE PROCEDURE FOR MAINTAINING EMPLOYEES’ EMPLOYEE RECORDS 4.
For a person entering work for the first time, on the basis of an order for employment, the employer fills out a work book of the approved sample of the republican work book of 1995.5.
Entry into the work book
The work record book of any employee is a carrier of information indicating accumulated experience and other work issues. All entries in this document are important to its owner and employer. Accordingly, there are certain rules and instructions for filling out books.
The question of whether it is necessary to enter contract agreements into the work book requires a specific and reliable answer. Sections of the work book The work book of an organization’s employee includes several main pages that are filled out according to certain rules:
- title (information about the employee))
- information about the employee's activities)
- information about awards.
Title page The first sheet differs significantly from the rest in that it is filled out when the work permit is being processed.
Enter the site
Here are the main aspects related to changes in the employee’s work:
- company name (full and abbreviation))
- serial number}
- date of)
- record of placement, transfer, dismissal, change of company name or position)
- document number and date (reason for entry))
- signature and seal.
Each recorded information in a document has a specific place (column). It is allowed in this section to correct incorrect entries by declaring them invalid. Information about awards As a rule, major state awards are indicated in the labor report.
But if the employee wishes, you can also include incentives such as a certificate, a letter of commendation, and so on.
Entry in the labor contract about the contract. what to do?
Everything is recorded here necessary information about a person who came to apply for a job at a company:
- Full name, date of birth)
- education (including incomplete))
- specialty, profession.
The date of the entries is written below and the owner’s signature is placed as a sign of confirmation of the correctness of what was written down, as well as the signature of the person filling it out and a seal. All information is entered based on documents confirming the accuracy of the data. Correcting erroneous entries on the first sheet is illegal.
It is allowed to supplement records and correct the first two paragraphs due to changes. Information about activities In the book, this section is called “Information about work.”
When working under a contract, is an entry made in the employment record?
Important
An entry in the work book is made if the employee is hired under an employment contract. If a civil contract is concluded to fulfill certain work, then no recording is made, because Civil legal relations are not regulated by the Labor Code. However, no matter what agreement is concluded with an individual(labor or civil law), the employer is obliged to pay insurance contributions to the pension fund from the amount of remuneration accrued to the employee.
To find out whether there were contributions from a specific employer, the employee needs to contact the Pension Fund. There they will give you a certificate of accruals and contributions paid by the employers for whom you worked. Those. an employee working under a civil contract essentially loses nothing except an entry in the work book.
Is an entry made in the work book under a contract?
Attention
His mission is to perform a certain job and deliver the labor. The customer is the person who is the second party to the contract. Its functions include accepting and paying for the work done.
The Civil Code defines this agreement as follows:
- consensual)
- bilateral)
- compensated.
This type of contract differs from others in many aspects. And also he has certain conditions. Here the parties to the contract are clearly defined, that is, which persons may be related to it:
- physical)
- legal.
If we talk about an agreement that stipulates household services, then the customer must be an ordinary civilian, and if we talk about construction services, then the contractor must first obtain a license allowing him to carry out this work.
In addition, with each such entry (about work performed, transfer to another permanent job and dismissal), the employer is obliged to inform its owner against a receipt in his personal card, which repeats the entry made in the work book (from January 1, 2004). The difference between civil law relations and labor relations is that the former are focused on performing one-time work and their subject is the achievement of a certain result (drawing up a consultation, repairing a premises, etc.); and the second - for regular execution of the same labor responsibilities, and their subject is the performance of the labor function, the very process of the employee’s participation in production process when complying with labor regulations (answering customer calls, transporting goods using employer-owned vehicles).
Resolution of the State Statistics Committee dated 04/06/2001 N 26 “On approval unified forms primary accounting documentation for accounting of labor and its payment” approved the form of the Order (instruction) on termination of the employment agreement (contract) with the employee (Form T-8). — Upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (except for cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (clauses 4 and 10 of this article), a record of dismissal is made in the work book (termination of an employment contract) with reference to the corresponding paragraph of this article. - When terminating an employment contract at the initiative of the employer, an entry about dismissal (termination of the employment contract) is made in the work book with reference to the corresponding paragraph of Article 81 of the Labor Code of the Russian Federation.
Do they make an entry in the work book under a contract?
Exception: incomplete education can be indicated on the title card, and the information is subsequently supplemented. Contract agreement In the Rules, Instructions or Labor Code nothing is said about the work contract, which must be recorded in the work book. To understand the reasons for this, it is necessary to consider what a contract is.
This kind of agreement is legal (according to the Civil Code of Russia) and includes written obligations to work for a certain period. This may include:
- scientific, research activities)
- design)
- technological.
The regulations on this activity have the following sections of contracts:
- domestic)
- building)
- design, survey)
- state.
The contractor is the appointed person who is one of the parties to the contract.
If you obeyed your inner labor regulations organizations, if they did the work personally, if this work is done in the organization constantly, this is in short. Not enough information. If the contract is recognized as a labor contract, the court will oblige the organization to make an appropriate entry in your work book. #2 IP/Host: 195.133.144. Re: Work under a contract (reflected in the work book) Absolutely true, you couldn’t write it better.
#3 IP/Host: .0.radio.tascom.ru Re: Work under a work contract (reflected in the work book) In one of the work books I saw an entry where in the column (where should the order be?...) it was indicated “work contract ?... from...". #4 IP/Host: .helios-net.ru Re: Work under a contract (reflected in the work book) It seems to me that any work activity should be reflected in the work book with a corresponding entry. This is what I wanted to find out.
Currently, the Government of the Russian Federation Resolution No. 225 dated April 16, 2003 “On work books” is in force, which approves the “Rules for maintaining and storing work books, producing work book forms and providing them to employers” (hereinafter referred to as the Rules). According to clause 10 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, “all entries about the work performed are entered into the work book on the basis of the relevant order (instruction) of the employer not later than a week” (in our case, it is advisable to make an entry within a week from the date of actual admission to work).
Who can earn extra money Legislation in general does not oblige an employee to inform his main employer about the fact of his employment with another employer on a part-time basis, however, for some categories of employees certain restrictions and prohibitions are established, for example for:
- heads of organizations;
- vehicle drivers;
- minors;
- athletes and coaches;
- workers in hazardous and hazardous industries.
Managers and athletes can earn extra money, but only with the permission of the main employer. Minors are not allowed at all. Drivers and workers in hazardous industries can earn extra money, but not in the specialty or type of work they perform at their main place.
We arrange part-time work: entry in the work book
Entry in the work book about hiring a part-time director: In hindsight - is it possible? Making entries retroactively is an offense that is subject to administrative responsibility. Judging by the practice of such offenses, in some cases personnel officers received the article “forgery of documents,” so you cannot take risks with such actions.
It is possible to register something in a work book retroactively only if the employee has died outside the enterprise or organization. All other cases prohibit such action. But, unfortunately, in pursuit of profit, many personnel officers spit on such legislative advice and receive fines ranging from three hundred to three thousand rubles.
Conclusion Part-time work is an excellent solution for those who need cash or simply wants to make good use of his free time.
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Also, the combination rule established by personnel officers says that the position that comes first is the main job. The subsequent one is a part-time job and is formalized accordingly.
It is also important to remember that you can make any note in the work book, but keeping in mind the basis in the form of a corresponding order. IN in this case there is a place to talk about an order, about accepting a citizen for a part-time job.
Important
Step-by-step instruction Of course, part-time work is not such a common case, and not every personnel officer knows how to correctly make such an entry in the work book. This is especially true if there is a division into internal and external part-time work.
Let's look at each of the above cases in detail in order to avoid making mistakes in the future.
Entering a part-time job entry into the work book (sample)
The process for registering a part-time worker is as follows:
- Conducting an interview.
- The applicant writes an application for combined admission.
- Presentation of regulatory documents to the applicant for review.
- Drawing up and signing labor agreement(here the main difference from a regular contract is that it is necessary to indicate that the employee will work part-time).
- Issuance of an order for admission to a combined position.
- Filling out the work record (a sample entry in the part-time work book can be presented to the employee before filling out the form).
- Registration of an employee’s personal file.
An employer may require a new employee to provide a certificate of first place of employment, which is the basis for accepting the employee as a part-time worker. Otherwise, the manager has the right to refuse employment.
Entries in the work book of a part-time worker
This is due to the fact that, on the one hand, regulatory documents there is no provision for the need to make a separate entry about the name of the employer when performing part-time work; however, on the other hand, the law stipulates that the name legal entity is a mandatory requirement when filling out a document about labor activity and employee experience. The employer's name is indicated in full. Step 4.
Attention
We indicate the details of the document. The next section indicates the number and date of the document (order or other instruction) on the basis of which the employee was hired for the position. Information about dismissal is entered in the same order. Sample entry in the work book for part-time dismissal IMPORTANT! Entries in the employee’s work book when working part-time may not be recorded in chronological order.
This is not a design error, it is a design feature.
Entry in the work book about part-time work
For example, LLC Firefly.
- On the next line write the above-mentioned phrase: “Hired part-time for such and such a position.”
- Don’t forget to indicate in the fourth column the number and date of the order, as well as the employer’s signature and seal. It would seem that there is nothing complicated in filling out, but many personnel officers manage to make a bunch of mistakes in such a simple task. To better understand how to make a part-time entry in a work book, a sample will help you.
Entry in a part-time work book - sample: On what basis are such entries made? The basis for making such entries in the labor record is the conclusion of an employment contract and, as a consequence, the issuance of an order in this regard by the organization.
Forum
To avoid similar shortcomings It is worth constantly checking the work of personnel officers, both employers and employees themselves. Gene. Part-time director In the case of the general director, he, like other employees, is allowed to work part-time.
True, the entry in the labor record will be different from the above. In the work book general director, in addition to the number, date and order, there must be the following entry: “appointed part-time to the position of General Director of Romashka LLC.” Despite job responsibilities and the position, in principle, the fact of part-time work must be reflected in the employee’s work book. The full rules for filling out a director’s work book can be found here.
Is an entry made in the work book about internal part-time work?
It's fast and free! Table of contents:
- Regulatory documents
- Is an entry (needed) to be made in the work book when working part-time?
- Basic Rules
- Step-by-step instruction
- On what basis are such entries made?
- Features and nuances
- Conclusion
Many people recklessly believe that the most a big problem- this is to find this very income. But in reality, it is much more difficult to ensure that your documents are prepared properly. In old age, your accumulated experience will bring you income and every year you work in one place or another is valuable, regardless of whether it is your main place of work or an additional one. One way or another, many HR department employees make numerous mistakes in maintaining books of part-time employees.
Is an entry made in the work book about the combination?
After the certificate is submitted, we can talk about filling out a work book when working part-time. We will consider the features of its filling below. Making entries about part-time work is no different from filling out a labor report for your main place of work.
All columns must be filled in indicating the serial number of the entry, date of hire, indication full name the employee’s position and information about the document on the basis of which the employee received a part-time job. There is a significant difference when filling out the document only in the types of part-time jobs. With internal combination, the organization that hires the employee for the position is not indicated, but with external combination, it is indicated.
Is an entry made in the work book about combining positions?
Features of registration of internal part-time work Before writing an application for internal part-time work, it is necessary to solve the problem with the time that the employee will spend on additional work by establishing a schedule. New duties in this case will be performed on weekends, breaks, during vacations and holidays.
Moreover, the employee is subject to all the norms of the Labor Code when performing both the main job and combined work. Many are worried about whether an entry is made in the work book for internal part-time work, and whether this is a mistake.
The information entered is not an error, it looks like this. The last entry is marked with the next number and date.
Then there is data that the employee was accepted for this workplace(department) part-time. IN last resort record the document number on the basis of which the employee was hired for this position.
Unified form No. T-5 Approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 No. Form according to OKUD 0301004 “Alpha” according to OKPO 00000000 (name of organization) Document number Date of preparation ORDER 23 02/08/2013 (order) on the transfer of an employee to another job Date Translate to other work from 02/11/2013 to 03/01/2013 Personnel number of Alexey Vladimirovich Lampochkin 112 (last name, first name, patronymic) temporarily (type of transfer (permanent, temporary)) Previous place of work manufacturing facility(structural unit) electrician (position (specialty, profession), rank, class (category) of qualifications) replacement of a temporarily absent employee caused by a long-term illness of the main employee (reason for transfer) New place of work warehouse (structural unit) electrician (position (specialty, profession ), rank, class (category) qualification) tariff rate (salary) 10,500 rub.
We fill out the employment form upon admission to temporary work and for a probationary period
Important
If you need to issue temporary transfer, an entry in the work book is not made in this case. If, after the expiration of the established period, the employee continues to work in this position, the nature of the transition to another position loses its force and becomes permanent.
In this case, it is recorded in the work book. Without consent If force majeure occurs, such as:
- disasters;
- downtime due to natural disasters;
- industrial accident, etc.
It is allowed for an employee to transfer without his consent for a period of up to one month in order to eliminate and prevent the consequences of a disaster. IMPORTANT! The transfer of people in connection with the specified circumstances to jobs that require lower qualifications is possible only with their written consent (Article 72.2 of the Labor Code of the Russian Federation).
An entry about a temporary transfer is not made in the employee’s work book.
Making an entry about the employee's position in the work book
About the time of military service, about the time of service in internal affairs bodies, the State Fire Service of the Ministry Russian Federation for civil defense matters, emergency situations and disaster relief, institutions and bodies of the penal system, tax police authorities, authorities for control of the circulation of narcotic drugs and psychotropic substances and customs authorities. 2. About the time of training in courses and schools for advanced training, retraining and training.
Is information about temporary transfer included in the work book? From the above norms it is clear that an entry about the temporary transfer of an employee to another job is not made in the work book.
When a temporary transfer is entered into the work book
Among the temporary transfers we can conditionally highlight: In addition, the temporary transfer of professional athletes has its own characteristics (Article 348.4 of the Labor Code of the Russian Federation). Temporary transfer by written agreement By written agreement of the parties, an employee can be temporarily transferred to any other job.
The maximum duration of such a transfer is one year. In cases where an employee replaces another temporarily absent employee, the transfer may last longer - until the other employee starts work again.
Upon expiration of the temporary transfer period, the employee must be given his previous job. If at the end of the transfer period the employee does not return to his previous job, then the temporary transfer, by written agreement of the parties, becomes permanent.
This is stated in Part 1 of Article 72.2 of the Labor Code of the Russian Federation.
Is a temporary transfer recorded in the work book?
Attention
There is an indication of this in Art. 72.2 Labor Code of the Russian Federation. The transfer is different in that it does not entail a change in the work function and therefore does not require the employee’s consent. In this case, the employee continues to perform the labor function stipulated by the contract and no terms of the contract established by agreement of the parties change (example: moving from one premises to another).
In what cases are temporary transitions issued? They can be temporary or permanent. Art. is dedicated to temporary 72.2 Labor Code of the Russian Federation. Frequently asked question: if a temporary transfer of an employee is issued, is an entry in the work book necessary or not? Let's talk about each case in more detail: By agreement of the parties On this basis, a citizen can be transferred to another job for a period of up to one year or until the occurrence of a certain event, for example, in order to replace a temporarily absent employee before the date of his return to service (Article 72.2 of the Labor Code of the Russian Federation) .
Is a temporary transfer to another position entered in the work book?
A situation where one employee at will or at the initiative of the employer is transferred from one workplace to another, is not uncommon today. However, both parties often have no idea whether an entry is made in the work book during a temporary transfer.
As a rule, the transfer of an employee occurs at a time when the main employee, for some reason, is unable to perform job functions. Based on the general rules and requirements in accordance with which the maintenance and storage of documents on professional activity, information related to the transfer, which is temporary in nature, is not provided.
Moreover, making such entries is a violation. But the work book continues to be valid.
Is a temporary transfer recorded in the work book?
Reason: amendment to the employment contract dated February 08, 2013 No. 3; or other document (document (application, medical report, etc.)) Head of the organization director A.V. Lvov (position) (personal signature) (signature transcript) The employee was familiarized with the order (instruction) on February 8, 2013.
(personal signature) “Alpha” INN 7708123456, KPP 770801001, OKPO 98756423 full name of the organization, identification codes (TIN, KPP, OKPO) ORDER No. 56-k, Moscow 06/04/2012 On the expiration of the transfer period of Ivanova E.V.
Due to the expiration of the temporary transfer of Ivanova E.V. to the HR department for the position of HR inspector (agreement dated 05/16/2012 No. 28/12-15/02) I ORDER: 1. Elena Vladimirovna Ivanova to begin work stipulated by the employment contract dated 04/12/2002 No. 15/02, as a secretary with 06/07/2012.
2. Chief accountant Glebova A.S.
Information about a temporary transfer to another job is reflected only in section III of the employee’s personal card (Form No. T-2). Making an entry in the work book about a temporary transfer is a violation of the rules for drawing up work books; such an entry is incorrect and must be corrected in the manner prescribed by Section III of the Rules.
According to clause 30 of the Rules, clause 1.2 of the Instructions, changes in inaccurate and incorrect entries in sections of the work book containing information about work are made by declaring them invalid and then making correct entries. In accordance with paragraph 27 of the Rules, if an incorrect or inaccurate entry is identified in the work book, it is corrected at the place of work where the corresponding entry was made, or by the employer at the new place of work on the basis of an official document of the employer who made the error.
In the event of a reorganization of an organization that has made an incorrect or inaccurate entry, the correction is made by its legal successor, and in the event of liquidation of the organization - by the employer at the new place of work on the basis of the relevant document (clause 28 of the Rules). As follows from clause 1.2 of the Instructions, in the case under consideration, in the “Work Information” section, you need to indicate the following serial number, the date the entry was made, in column 3, make an entry: “The entry with the number such and such is invalid, the transfer was temporary,” in the column 4 repeats the date and number of the temporary transfer order.
In any case, errors in individual entries and presence in the work book unnecessary information, not provided for by the Rules and Instructions, do not entail the invalidity of the work book as a whole. for Electronic subscription for 8400 rub.
Is an entry made in the work book if temporarily transferred to a position?
If, out of ignorance, such information was entered, it should be immediately corrected in accordance with the rules. Procedure for registering a temporary transfer Before an employee moves from one work post to another, this action must be properly formalized.
This is done necessarily on the basis of the intended translation and the subsequent agreement concluded between both parties. It must be certified by signatures. The Labor Code of the Russian Federation regulates not only the relationship between employer and employee. Together with certain rules it dictates the standards according to which it is necessary to carry out registration of this kind.
It is enough for you to put the date of the day the entry was made and write the following phrase: “The position such and such has been renamed to such and such.” Do not forget to indicate in accordance with which order you decided to make such conclusions and enter its date and immediate number.
When changing If an employee is transferred to another position, then this action looks nothing more than internal transfer. According to the rules of the Labor Code, internal transfer is also reflected in the work book.
The entry is made as follows: “Transferred to position such and such.” Also, don’t forget about writing an order. Is the probationary period recorded in the work book? The probationary period is also the period of performance of the labor function, which means, according to all the rules and with the general work experience. Drawing conclusions, we can say that such a period takes place to be reflected in the labor contract.
The wording can be completely different, the main thing is the fact that the employee replaces someone for a certain period. The entry is made in the work book of the temporary worker in compliance with all the rules for making entries in the work book.
Many people mistakenly believe that there is a separate column for entering data for temporary workers. This is all wrong. In fact, temporary worker must see that a record of his work, albeit temporary, is included in the column of general data about the work being carried out.
Wording of the entry The entry must be worded accordingly. A temporary job entry should look like this: “Temporarily hired for such and such a position.” As usual, we do not forget that the HR department employee must have an order that allows the employee to take up the position temporarily.
entry in the work book of the acting director, it should be clarified that this position is temporary. From this point of view, there are some nuances that depend on the purpose of the appointment. If the director went on vacation, and the acting is required only for the period of its replacement, then no entry is made. However, if the director was fired and a temporary one was put in his place probationary period, then the entry must be made, since this person can, after the expiration of the probationary period, become a permanent full-fledged director.
Who is the acting?
To clarify when entries should be made in the work book, it is important to understand what the position “acting” means. From a legal point of view, the performance of duties is a temporary assignment that can last no more than one month. During this period, the employee’s payment increases in accordance with the increase in responsibilities, which occurs on the basis of an issued order. The Labor Code clearly states the rules according to which, after the specified period, the employee must be returned to his previous position or transferred to permanent work as a director.
The exception is when a special agreement was concluded between the employee and the employer, which specified other deadlines for the performance of duties. If the employee refuses the offer or this work is absent, he should be released from work in the manner prescribed by law. Such an entry stating that the employee is an acting employee cannot be entered into the work book. According to the Labor Code, duties cannot be performed as a vacant position unless an official transfer is provided.
Temporary appointment
An appointment for temporary transfer to the position of director is possible in the absence of the director. Most often, these responsibilities are assigned to the deputy director. If such a position is not provided for in the company, then the director must assign the functions of a manager to an employee whose qualifications allow him to occupy such a position.
In such a situation, an order is made that for a certain period this employee is acting boss An entry in the work book when appointing an acting director is not made, since he is not a permanent director.
In some cases, in parallel with the employment contract, it is necessary to conclude an additional agreement on the performance of duties. These cases occur if the director must be absent long term. It should also be clarified whether the employee is relieved of his duties for the period of performance of the acting function. If yes, then it is necessary to draw up an additional agreement in which all responsibilities should be spelled out. Based on this document, the amount of additional payment is determined and the replacement period is established.
A temporary transfer can be made, as a result of which the employee will be transferred to the position of director for the period of his absence. This procedure occurs on the basis of agreement of the parties: a special agreement is concluded. Instead of specific deadlines, the instruction is indicated: “Before the official director goes to work.” In this case, the acting director also does not receive an entry in the work book.
And about. the director is obliged to sign documentation on his own behalf, since he has such authority. In this case, the algorithm for making an entry is as follows:
- the details of the order should indicate the name of the position of the person who signs the document;
- a personal signature is placed and its decoding in the form of a surname and initials;
- instead of the acting title The documents should indicate the position held by the employee according to the staffing table.
If, when filling out an order, there is a discrepancy between the position, signature and its transcript, the document is considered invalid.
There are cases when the charter prohibits transferring the powers of a director during his absence. In this case, a power of attorney is issued, according to which executive gains temporary control of the company.
In the previous publication of the series we announced, you learned how to create a work book and what entries need to be made when registering it for title page. In the article we bring to your attention, we decided to highlight the basic rules for making entries in the work book when filling out the sections “Information about work” and “Information about awards”.
General rules for making entries
Before moving on to the characteristics of specific entries in the work book, we note the most general rules, which are established by two normative standards already known to you legal acts- Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 (hereinafter referred to as the “Rules”) and Instructions for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation dated October 10. 2003 No. 69 (hereinafter referred to as “Instructions”):
Rules for entering information about work into the work book
Information about work in a particular organization begins with information about hiring. Let's look at the basic rules for entering this information.
What information is required when applying for a job?
When an employee enters the main place of work for a period of more than 5 days, the employer is obliged to make a record of employment in his work book (submitted by the employee or issued by the same employer when hiring an employee for whom this main place of work is the first).
When making a job entry, you must adhere to such a sequence:
1. First, in the 3rd column of the “Work Information” section, the full name of the organization, as well as the abbreviated name, is indicated as a heading (without indicating the serial number and date of entry). name of company (if any) in accordance with its constituent documents (charter, constituent agreement, regulations).
IN big companies The following approach is often used to make it easier to enter multiple hiring records. A special stamp with typesetting text containing the name - full and abbreviated - of the organization is ordered. The imprint of such a stamp in the work book replaces the entry made by hand. It is also advisable to do this in cases where indicating in the work book two versions of the name of the organization (full and abbreviated) by hand takes up many lines.
2. Under the above heading in the 1st column, put by hand (further all entries are made only by hand) serial number of the entry being made . For example, if the last (previous) number of the dismissal record was “31”, then upon subsequent hiring, the next serial number is assigned - “32”.
4. Then in the 3rd column it is done a record of acceptance or appointment to a structural unit of the organization, indicating its position, job title, specialty, profession, indicating qualifications .
Usually, name of position (work), specialty, profession indicating qualifications produced in accordance with staffing table- a document that every organization must have. However, if, in accordance with federal law, the performance of work in certain positions, specialties or professions is associated with the provision of benefits or the presence of restrictions, then the name of these positions, specialties or professions and qualification requirements they must comply with the names and requirements provided for by the relevant qualification reference books, approved in the manner established by the Government of the Russian Federation. Currently in effect:
- Qualification reference book for positions of managers, specialists and other employees, approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37, and
- Unified Tariff and Qualification Directory of Works and Professions of Workers, separate issues of which were previously published in different time were approved by resolutions of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions, and general provisions were approved by Decree of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated January 31, 1985 No. 31/3-30.
Note! If these rules are ignored, the employee may have difficulties when assigning a pension, including with regard to crediting the period of work in positions (in professions or specialties) associated with harmfulness: employees of the territorial department pension fund may refuse to count the relevant period as a preferential period to an employee with reference to the fact that this position (specialty or profession) is not included in the lists of positions, specialties and professions according to which the right to preferential accrual is granted.
In addition, in practice, it is important to understand which titles refer to positions and which to professions. Unfortunately, often those responsible for maintaining work records do not distinguish between work by position and profession and make, for example, the entry: “A mechanic has been hired for the position,” although a mechanic is a profession, not a position. The correct entry would be: “Accepted by a mechanic.” In order to accurately determine which name is correctly attributed to a position and which to a profession, you can use the above reference books, as well as the All-Russian Classifier of Worker Professions, Employee Positions and tariff categories(OKPDTR), approved by Decree of the State Standard of Russia dated December 26, 1994 No. 367. These documents will help to avoid mistakes not only when making entries in work books, but also when concluding employment contracts with employees, when issuing orders (instructions) on hiring.
Another common mistake made in practice when making entries in work books is misuse the words "accepted" or "appointed". The fact is that appointment to a position can take place in strictly defined cases, namely, only in cases where this is provided for by regulatory legal acts or the charter (regulations) of the organization, for example, heads of branches and representative offices of a legal entity. In all other cases, it is unlawful to indicate appointment to a position. The wording “enrolled in a position” is equally incorrect.
By the way, if the work book belongs to a woman, then the corresponding verbs need to be written in feminine: “accepted”, “appointed”.
When making entries in the work book about hiring, the requirement that the employment records exactly correspond to the order (instruction) of the employer is often incorrectly interpreted, reproducing the text of the order (instruction) in the work book indicating, for example:
- the fixed-term nature of the contract (“Accepted as a secretary-assistant under a fixed-term employment contract” or “Accepted as an accountant for the period from 02/01/2010 to 01/31/2011”);
- conditions for the presence of a probationary period (“Accepted to the position of assistant manager with a probationary period of three months”), etc.
Despite the fact that all these details are indeed established by the order (instruction) on hiring, their indication in the work book is unacceptable, since it contradicts the Instructions and means a violation of the rules for making entries in the work book. Analysis of the text of the Instructions allows us to conclude that the entry in the work book about hiring should only include an indication of where and by whom the person was hired, excluding the specific nature of the work and other conditions of employment with this employer.
5. Finally, in the 4th column the name of the organizational and administrative document is indicated on the basis of which the employment record is entered into the work book - an order (instruction) or other decision of the employer - indicating its date (first) and number (after the date ).
Example 1
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Semenova E.M. accepted into Nagatinskaya Zastava LLC as an assistant manager, which is reflected in the hiring order No. 023-ls/p dated 02/11/2010. It is necessary to make the following entry in the work book of Semenova E.M.:
What to do with an old-style work book?
What if a person comes to your work and brings a work book in a form that was approved earlier than the form that is used now? You will find the answer to this question in the Decree of the Government of the Russian Federation dated 04/16/2003 No. 225 “On work books”, in paragraph 2 of which it is established that work books of the new sample will be put into effect from 01/01/2004, and work books available to employees of the previously established samples are valid and cannot be exchanged for new ones.
This means that work books issued on old forms from 1973 are recognized as valid provided that the employee was hired at the first main place of work in the period from 01/01/1975 to 01/01/2004. If your employee’s work book was opened before 01/01/2004, it is necessary to make entries in it, and not to draw up a new work book according to the currently valid form, if there are free lines in the “Work Information” section. When free place ends, you should fill out an insert in the same work book, but on a 2004 form, and further information about the work will be entered into it later.
However, making an entry for employment is only the very beginning of filling out the “Work Information” section of the work book when working in a given organization.
What information is entered during the employee’s working life in the organization?
During the period from the date of hiring to the date of dismissal, a number of entries can be made in the “Work Information” section of the employee’s work book. Let's look at them in detail.
1. During the period of work in the organization, an employee may be assigned a new rank (class or category) . Then, on the basis of the order (instruction) of the employer, it is necessary to make a corresponding entry in his work book (clause 3.1 of the Instructions).
Example 2
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Evseeva E.P. works as a 3rd category assay laboratory assistant at Family Doctor LLC. By Order No. 043-a of February 18, 2010, she was assigned the 4th category, about which the following entry was made in the “Work Information” section of Evseeva E.P.’s work book:
It is also noted establishing a second and subsequent profession, specialty or other qualification for an employee, indicating the relevant categories of these professions, specialties or qualification levels .
Example 3
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A 3rd category car repair mechanic, P.S. Sergeev, working at Avtostan CJSC, has been given a second profession - engine tester with a 6th category. In the “Work Information” section of the work book, this will be reflected as follows:
2. In the work book entries are made about the employee’s transfer to another permanent job with the same employer . Let's figure out what situations are meant by such a transfer and how to correctly make entries in the work book. According to Part 1 of Art. 72 of the Labor Code of the Russian Federation, the transfer of an employee to another permanent job with the same employer can take place in three cases:
A) when a job function changes employee (i.e. change of position, profession, specialty indicating qualifications; assignment of a different type of work). For example, a transfer to another job with the same employer will result in the employee being promoted;
Example 4
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Legal Adviser of OJSC "Cypress" Arkadyev V.V. promoted to the vacant position of deputy head of the legal department. This is reflected in the work book as follows:
b) when a structural unit changes;
Example 5
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Department accountant accounting and audit of Ulysses LLC to Sukhanov A.P. transferred to the labor department and wages for a similar position.
V) when changing both the labor function and the structural unit.
Example 6
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Chinareva S.S. hired by the office of Saracen LLC as a secretary. She was subsequently transferred to the HR department as an inspector.
Note! If the transfer is temporary, an entry in the employee’s work book about such a transfer is not made.
In itself, a change in an employee’s wages, a change in his work regime, as well as the movement of an employee in the same organization to another workplace, to another structural unit in the same area, the assignment of work on another mechanism, if the employee’s labor function does not change, are not considered translation and do not require changes to the work book.
3. In case company name changes An appropriate entry must be made in the workers’ work book. The fact is that if you do not enter it, you will get a paradoxical situation - the employee is accepted into one organization, and when making a record of dismissal, the seal of the organization will be affixed with a different name. This will make it possible in the future, when applying for a pension, to doubt the legality of including time worked in such an organization in the relevant length of service, as a result of which the employee will most likely be required to submit additional supporting documents - certificates from the place of work, from the state archive, etc. To prevent such doubts from arising, it is important to correctly make an entry about the renaming of the organization in the work books of all employees in the “Work Information” section:
- in the 3rd column an entry is made: “Organization such and such has been renamed to such and such as of such and such date.” The specified information in this column can also be entered by affixing an imprint of a typesetting stamp containing the corresponding text;
- in the 4th column the basis for the renaming is indicated - “order (instruction) or other decision of the employer, its date and number.”
We emphasize that a change in the name of an organization in itself is not a reason (ground) for terminating employment contracts with employees, therefore, in such a situation, it is impossible to record a dismissal!
Example 7
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According to the decision general meeting participants, drawn up by Minutes No. 02 dated 10.02.2010, the Limited Liability Company "Premier-Consult" was renamed the Limited Liability Company "Consulting Company "Premier" from 17.02.2010. Considering that the organization employs more than 1,000 workers, the HR department ordered a typesetting stamp in advance, with the help of which the corresponding entry was made in the workers’ work books (see sample on the next page).
Note! The stamp imprint, like the entry made manually, must completely fit in the 3rd column of the “Information about the work” section, without affecting the 4th column; otherwise, the entry will be entered incorrectly.
When reorganizing an organization (the Civil Code of the Russian Federation provides for 5 forms of reorganization: merger, accession, division, separation, transformation), changing the owner of its property (for example, in the case of transfer of property municipal enterprise into state ownership) or a change in the jurisdiction/subordination of an organization (for example, in relation to a research institute, when the department to which the institute is subordinate changes), this information is also reflected in the work books of employees if this affects the name of the organization.
According to Part 1 of Art. 75 of the Labor Code of the Russian Federation, when the owner of the organization’s property changes, the new owner has the right, no later than three months from the date on which his ownership rights arise, to terminate employment contracts only with the head of the organization, his deputies and the chief accountant (Clause 4, Part 1, Article 81 of the Labor Code of the Russian Federation). The new owner cannot terminate employment contracts with the remaining employees on his own initiative.
By virtue of Part 5 of Art. 75 of the Labor Code of the Russian Federation, when reorganizing or changing the jurisdiction/subordination of an organization, employment contracts with employees are not terminated.
In all of the above cases, the employment contract may be terminated due to the employees’ refusal to continue working (clause 6, part 1, article 77 of the Labor Code of the Russian Federation).
For the employees who remain at work, entries are made in their work books in a manner similar to the entry made in connection with the renaming of the organization (see Example 7).
4. Entry into the employee’s work book on changing the name of a position (profession) or structural unit are entered in the same way. The basis for making such entries will be an order (instruction) or other decision of the employer on the appropriate renaming.
5. Entries are also made in the work book about the time of military service in accordance with Federal law dated March 28, 1998 No. 53-FZ “On military duty and military service", as well as about the service time in internal affairs bodies, State fire service of the Ministry of Emergency Situations, institutions and bodies penal system, organs tax police, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities; about the time of training in courses and schools for advanced training, retraining and training .
Example 8
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Head of the legal department of Status LLC Lapina L.I. was sent by the employer for advanced training at the State Academy of Professional Retraining and Advanced Training for Managers and Investment Sector Specialists under the program “ Effective work legal service of the organization." Upon completion of training, she was issued a certificate of advanced training dated February 15, 2010 No. 290.
Example 9
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The article will be continued in the next issue of the magazine: we will explain what information is entered into the work book upon termination of an employment contract, and how to reflect information about awards and part-time work. After this, we will move on to a new task - correcting mistakes made when filling out the work book and making other changes to the records.
Footnotes
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