Everything about whether an entry is made in the work book for a fixed-term employment contract. Sample document

In addition, the test period is not rubber-stamp and its scope is clearly indicated in the same article of the Labor Code of the Russian Federation:

• No more than six months for managers, chief accountants and their deputies.
• Three months for ordinary workers.
• A different period for civil servants and other categories in accordance with certain federal laws.

For persons who have signed an employment contract for several months - from two to six - the maximum probationary period is two weeks. If, during the period allotted for the test, the employee falls ill, this stops its progress, but is not the basis for a decision on its failure. The probationary period does not affect the term or payment in any way. sick leave. Possible results The test can be compared to a competition that a candidate who wants to enter the civil service must undergo, and here, too, perhaps there are only two results: he passed it or not.

The nuances of making an entry in the work book during the probationary period

Before making a correct entry in the work book after the end of the probationary period, it should be noted that the basis for recording such data is solely the order of the employer. The entered data must strictly comply with the wording of the order, and are made only after the publication of the administrative document.

Data entry must be completed within a week. When preparing documents related to dismissal, information must be entered on the last working day.

Preparation of records related to probationary period Based on the requirements of the Rules, information that a preliminary period was established when accepting a new employee should not be entered. An entry in the employment record that the employee has not completed the probationary period is made upon dismissal for the specified reason.

Probationary period: we write it down in the work book

If you need to terminate a contract with a recently hired employee, two questions arise: how to correctly complete all the formalities. and are there features that help prevent conflict situations further. The answers to them are discussed in this article. What does Russian legislation say? A probationary period is assigned when a new employee starts working.

During this period, it is determined whether the candidate is suitable for the proposed position and whether he has a sufficient level of qualifications. He also takes a closer look at the employer, working conditions, and team and makes a decision: is it worth continuing to work here.
Maximum test duration, based on Art.

Dismissal for failure to complete probationary period

Attention

If the probationary period has expired during periods of incapacity or vacation, then upon returning to work, the probationary period for the employee must be extended for the period during which he was actually absent from work (Part 7 of Article 70 of the Labor Code of the Russian Federation). If an employee realizes before the expiration of the probation period that the working conditions are not suitable for him, he has the opportunity to resign. at will with prior warning to the employer writing, made three days before dismissal (Part 4 of Article 71 of the Labor Code of the Russian Federation).

Calculation and dismissal of an employee who has not completed the probationary period After the employee is warned of the upcoming dismissal as having not completed the probationary period, the employer, in accordance with Part 1 of Article 84.1 of the Labor Code of the Russian Federation, must issue a dismissal order and familiarize the employee with it against signature.

Dismissal for failure to complete probationary period

Info

In two different cases Records of reasons for dismissal during probation may vary:

• the employee decided to resign of his own free will;

In this case, he will need to undergo work within 3 days from the date of submitting the appropriate application to the manager, which indicates the reason for his desire to quit.

• the employer himself decided to dismiss a subordinate for some gross violation;

The employer can put the phrase “unsatisfactory result” in the appropriate box and provide links to documents confirming this fact. Without documentary evidence, such recording is not allowed.

In general, most often, both parties come to an agreement, and the employee’s work book indicates dismissal at his own request, which will not entail any complications for both parties.

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And, even if the work turns out to be beyond his strength, or the employer decides to terminate the relationship, whether an entry will appear in the employment record that the employee has not completed the probationary period will depend on the subject himself.

• Firstly, a person also has the right to evaluate a company. And if he is not satisfied with it, he terminates the contract on his own initiative and receives a note that he resigned of his own free will.
• Secondly, if the employer decides that the newcomer is not suitable for the position and wants to fire him with a mention in the employment report of unsatisfactory results, the company must have very compelling reasons and documented facts to do just that.

Usually, both parties, having come to the conclusion that it is necessary to terminate the employment contract, want to resolve the problem peacefully and in a civilized manner.

Entry in the work book during the probationary period

According to the law Russian Federation, when concluding an employment agreement or contract, it is possible to provide trial period. This is regulated by the seventieth article of the Code and is applied in practice only with mutual consent between the employer and the new employee.

But sometimes doubts arise about whether an entry is made in the work book during the probationary period. Content

• 1 Why do you need to make a recording?
• 2 How to avoid an “unpleasant” recording
  • 2.1 Statement of reason
• 3 Grounds for recording an unsuccessful check completion
• 4 Dismissal rules
  • 4.1 What can serve as evidence of non-compliance

Why do you need to record? It is mandatory to prepare a work permit for all newly arrived employees.

Is an entry made into the employment record if you leave during a probationary period*?

To do this you must comply with:

• written form of warning;
• notice period - no later than three days before dismissal;
• the need to indicate the reasons for dismissal - in connection with an unsatisfactory assessment of the test results.

A sample notice of dismissal due to failure to pass the test is given below. Important: When warning an employee about upcoming dismissal, the period of such warning includes non-working days (Part 3 of Article 14, Part 1 of Article 71 of the Labor Code of the Russian Federation).

The employer does not have the right to decide that new employee has not passed the probationary period, and dismiss him on the basis of Part 1 of Article 71 of the Labor Code of the Russian Federation at a time when the employee is on sick leave or on vacation, because such actions are prohibited by part 6 of article 81 of the Labor Code of the Russian Federation.
In this case, the employee is not even paid severance pay. Dismissal as someone who has not completed the probationary period Reasons Today, almost all employers include a probationary period in their employment contracts, as this guarantees him the opportunity to dismiss an employee who is unfit for work in a simplified manner.

Such a period does not provide any other advantages to the employer. The law specifies a very vague wording - an unsatisfactory test result.

There are no clarifying criteria, so employers have to play it safe and, upon dismissal from the probationary period, draw up documents confirming this. Among the most common reasons can be attributed:

• Violation of labor discipline.

Is an entry made into the labor record if the probationary period has not passed?

She cannot be fired with the wording as not tested, but only in general procedure. It is impossible to dismiss with reference to Article 71 of the Labor Code of the Russian Federation:

1. minors;
2. persons with whom an employment contract was concluded for only two months;
3. employees transferred to another employer by agreement with the previous one;
4. a citizen elected by the people to a paid position;
5. students who first entered work within a year from the date of receiving a diploma of secondary or higher education in accredited educational institutions;
6. employees who, before receiving a job, passed the appropriate competition in accordance with the Labor Code of the Russian Federation or other legal regulations.

Controversial aspects of the procedure and arbitrage practice In vain, many employers believe that they should not motivate the dismissal of a person from a probationary period.
If we are talking specifically about how to correctly make an entry in work book about dismissal at the end of the probationary period, you should primarily follow clause 5.3 of the Instructions. This paragraph regulates the procedure for entering information about dismissal at the initiative of the employer. For example, the relevant data may look like this: “)Dismissed due to unsatisfactory test results, part 1 of article 71 of the Labor Code of the Russian Federation.” Peculiarities of entering information about dismissal and acceptance upon transfer In accordance with Section 6 of the Instructions, an entry in the work book of employment in connection with a transfer from another organization must necessarily contain information in what order the transfer was carried out. Column three includes information about whether the transfer was made at the employee’s request, or whether the employee agreed to the employer’s offer. In p.

Kolonutov Mikhail

At the institute, by the same order in 1989, the department of “Industrial Energy” was created and I, having previously been an associate professor of the department of mechanical engineering, was appointed acting. the head of this new department. Naturally, from the time the order was issued, I ceased performing my duties in my previous position (associate professor of the Department of Automatic Engineering), and acted only as the head of the department.

Currently, upon my dismissal from the institute, the personnel department refuses to enter information about my appointment as acting. manager, referring to the allegedly temporary nature of the acting status.

Do I or my opponents have any legal grounds for a legally competent solution to the issue? Neither in the Labor Code of the Russian Federation, nor in the Instructions for filling out work books, I was unable to find a clear answer to the question that arose.

Please, help.

Lawyers' answers 1

Hello, Mikhail Kolonutov.

During a temporary transfer, entries about this are not made in the work book. This follows from clause 4 of the Rules for maintaining and storing work books, according to which information about transfer to another is entered into the work book permanent job. Therefore, even in the case of a temporary transfer that is important for career growth employee (for example, performing the duties of a temporary manager, formalized by transfer), information about this is not entered into the work book.

However, Art. 72.2 of the Labor Code of the Russian Federation establishes that by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

Thus, you must insist that the transfer ceased to be temporary in 1990.

Art. 66 of the Labor Code of the Russian Federation and the Rules for maintaining and storing work books provides for entering into the work book information about transfers to another permanent job.

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Good afternoon Tell me, please, I have registered an individual entrepreneur, I made a note about this in my work book, now I found out that this cannot be done, where do I now need to go to correct it. Or is my book now considered invalid, then what should I do with all the previous entries in my work record?

A person at enterprise “A” went on vacation from July 1 to July 30, followed by dismissal. From July 25, he got a job at enterprise “B” with the condition that he would bring the work book after July 30. An entry in the work book about the end of work at enterprise “A” dated July 30. Is it possible to make the following entry into the work book about employment at enterprise "B" dated July 25?

The husband is a military man. He is transferred to a new duty station. How correctly should I make an entry in the work book about my dismissal so that my work experience is not disrupted, and how much time (if there is such an entry) can I spend looking for a job in a new place, again, without compromising my length of service? Thank you!

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 dismissed and a temporary one was appointed in his place on a probationary period, then an entry must be made, since this person can become a permanent full-fledged director after the expiration of the probationary period.

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. IN Labor Code the rules are clearly stated according to which, after the expiration of 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.

Can be done temporary transfer, 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 order to accurately answer the question of whether to make an entry in the work book for 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 dismissed and a temporary one was appointed in his place on a probationary period, then an entry must be made, since this person can become a permanent full-fledged director after the expiration of the probationary period.

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 the job is unavailable, 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 for a long period of time. 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 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, under which the official receives temporary control over 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 entry 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 should be in every organization in mandatory. 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 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 transfer of an employee in the same organization to another workplace, to another structural unit in the same area, assignment of work on a different mechanism, if not changed labor function employee are not considered a transfer 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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