Recently, Order of the Ministry of Labor No. 320n dated May 19, 2021 was published, which introduces a new procedure for maintaining paper work books, as well as a new form of work record.
At the same time, the current Instruction No. 69 dated October 10, 2003 will be cancelled.
The new rules will come into effect on September 1, 2021 and will be valid until September 1, 2027.
Let us note that the new order was presented for public discussion in January of this year. Then in March the project was changed. We wrote about this.
Meanwhile, the order already adopted differs from that draft. Therefore, this material contains an overview of the new rules that are registered with the Ministry of Justice.
And by the way, we found some oddities in the text.
The form of the work book and its insert are changing
The changes are insignificant. In particular, the number of spreads allocated for information about work and spreads to reflect awards is changing.
At the same time, you can safely use old work forms and inserts if the employer has a supply of them.
Previously, the Ministry of Labor explained that the new labor standards will be applied from 2023. However, the adopted Order makes no mention of this. It comes into force on September 1, 2021.
Duplicate work book
A duplicate is issued if the work document is lost or damaged. If at this time the document was in the employee’s possession, then to restore it, you should contact the last employer. To obtain a duplicate, submit a corresponding application, which will be reviewed within no more than 15 days. Additionally, the employee will be asked for documents indicating his previous places of work.
In the new work report, on the title page, the inscription “Duplicate” is written at the top. Further filling occurs as standard. All information about previous places of work is indicated on the basis of documents submitted by the employee.
If the loss or damage occurred due to the fault of the employer, then all work to restore the information falls on him.
The rules for making entries about part-time jobs have been clarified
It will still be the primary employer who makes the record. But if an employee needs to make an entry about part-time work and he does not carry out labor activities, to make such an entry, he has the right to contact the employer for whom he previously carried out part-time work.
Entries about part-time employment and dismissal can be entered into the work book both in chronological order and in blocks (simultaneously about hiring and dismissal) after dismissal from each organization.
At the same time, a record of part-time work is also made in cases where part-time work took place before employment with the employer whose work is the main one for the employee.
Sample of filling out a work book
The work book form was approved by government decree No. 225 of April 16, 2003.
Let's look at how to fill out a document section by section and what the title page should look like.
The document consists of three parts:
- title page containing basic information about the employee;
- information about work - information about hiring, transfer and dismissal;
- information about awards.
Let's look at how to draw up a work book, step by step.
The rules for correcting entries in the work book were not completed
In sections of the work book containing information about work or information about awards, crossing out inaccurate or incorrect entries is not allowed. This rule will exist now, and it was the same before.
But, surprisingly, in the new order after this phrase there is the following paragraph:
In the same manner, a record of dismissal or transfer to another permanent job is invalidated if the dismissal or transfer is recognized as illegal by the employer, the control and supervisory body, the labor dispute resolution body or the court and reinstatement to the previous job or the wording of the reason for dismissal is changed.
A reasonable question arises: in what order? After all, no order is described.
And the whole point is that between these two paragraphs there should be one more (it was in the project). Here he is:
For example, if it is necessary to change a specific employment record in the “Job Details” section, after the corresponding last record in this section, the subsequent serial number and the date the record was made are indicated, in column 3 the entry is made: “The record with such and such a number is invalid.” After this, the correct entry is made: “Accepted in such and such a profession (position)” from such and such a date and in column 4 the date and number of the order (instruction) or other decision of the employer, the entry from which was incorrectly entered into the work book, is repeated, or the date and number of the order (instruction) or other decision of the employer, on the basis of which the correct entry is made.
But this paragraph was not included in the Order of the Ministry of Labor.
Rules for filling out a work book in 2021
The rules establish the following responsibilities of the employer:
- fill out a form upon first employment;
- make entries within a strictly established (weekly) period, and in case of dismissal - on the day of dismissal;
- duplicate entries in the employee’s personal card under his signature;
- use exact wording from the Labor Code of the Russian Federation or federal laws with reference to them;
- enter information about incentives for merit in work (state awards, titles, badges, diplomas);
- return the book to the owner upon dismissal, and if the form has become unusable, issue a duplicate;
- certify the records with the signature of the responsible person, the seal of the organization (if any) and the signature of the employee himself;
- notify the employee of the need to pick up the TC if for some reason the employee was unable to receive it on the day of dismissal (otherwise the employer will be held responsible for the delay in issuing);
- supplement the TC with an insert if the pages run out;
- keep mandatory records of the movement of books and inserts.
For violation of the procedure for maintaining, recording, storing and issuing forms, officials are liable under Art. 5.27 and art. 13.20 Code of Administrative Offenses of the Russian Federation.
The filling instructions contain the following rules for making entries:
- dates are entered in Arabic numerals in the format DD.MM.YYYY;
- use a fountain, gel or ballpoint pen in black, blue or purple;
- do not use abbreviations;
- do not cross out entries when correcting them (this does not apply to the title page), under the incorrect entry they write “Entry number __ is invalid”, and enter the correct one below;
- Full name is written, without replacing with initials, date of birth - based on the passport;
- information about profession and education is indicated on the basis of relevant documents;
- The employee's signature must certify the information.
The rules for recording voluntary resignation are changing.
According to the new rules, in case of dismissal, it will be necessary to indicate not only the article and paragraph, but also part of it.
In addition, there will now be no discrepancies regarding the wording of the notice of dismissal. The fact is that the current rules, on the one hand, indicate that the wording of the records must correspond to the wording of the Labor Code, and on the other hand, the specific wording of dismissal under clause 3 of Art. 77, which does not correspond to the one stated in the Labor Code.
Because of this, HR officers are at a loss as to what to write: “dismissed at his own request” or “the employment contract was terminated at the initiative of the employee.”
By the way, we conducted a survey on this topic. The leading wording is from the Labor Code.
So, in the new rules, the example of voluntary dismissal was completely removed. Although this phrase was in the project.
Section "Information about awards"
Another section of the Labor Code that must be completed is the section on awards. This includes information about the following events:
- presentation of state awards, conferment of honorary titles;
- awarding diplomas, certificates, medals, orders, insignia;
- incentives specified in the Labor Code of the Russian Federation or in the internal regulations of the organization.
The section of the book is filled out similarly to the previous one:
- Column 1 - serial number of the entry;
- 2 columns - date of award;
- 3 columns - company name, position and type of award;
- 4 columns - details of the order on the basis of which the award took place.
How to write about a profession
In this line, the entry must be made based on data from the certificate or diploma. Despite the entry being made, copies of education documents should be kept in the employee’s personal file.
Graduates of all institutions are assigned a qualification and specialty, which is stated in the certificate or diploma. It happens that a specialty without qualification is indicated, so this line can be left unfilled.
This event will not be considered a violation of the regulatory framework. The title is intentionally longer than the qualification titles. In this regard, the latter name is indicated more often.
If it is necessary to record the assignment of qualifications to an employee, then this information is also recorded on the title page. But at the same time, if the employee’s qualifications are not indicated, this will not be considered a violation.
Error correction
There are two options for correcting errors. If the work book is issued for the first time, then the easiest way is to liquidate it. This option is most suitable when mistakes were made when filling out the front page of the work book.
Another option involves correcting errors without liquidating the work book . The manipulations described below can only be carried out with an incorrectly specified first name, last name, patronymic and date of birth.
If an error was made in one of these entries, the incorrect entry can be crossed out with a thin line and the correct entry indicated above them. On the back of the title page you need to place links to the documents according to which amendments were made on the title page of the work book.
It is worth noting that the second method of correcting errors is applicable to situations where the subject who is the owner of the work book, after a certain period of time, for example, changes his last name.
Partial corrections, for example, one letter in the surname or one number in the date of birth, are unacceptable. Employers or various government agencies, for example a pension fund, may consider a work book with partially crossed out entries on the title page unreliable.
In this case, you will have to prepare for litigation , which will take up extra time. Therefore, it is better to avoid this situation in advance by correcting the entire invalid entry.
For more information about what to do in case of an erroneous entry, read the link.
How to record education data
To avoid making a mistake in how to fill out education in the work book, refer to Art. 10 Federal Law No. 273. There are several types of education:
- basic general;
- average general;
- secondary vocational;
- higher (with some nuances).
Basic general is written after finishing 9 grades, secondary general - after 11 grades. And if a person graduated from college, vocational school, or technical school, what kind of education should be written in the work book - secondary vocational, and not secondary specialized, as indicated earlier.
There are some subtleties in the levels that are indicated after studying at universities. The level must be recorded along with the degree awarded to the graduate. Here's how to do it:
- higher specialty (if you have received a specialist degree);
- higher bachelor's degree (bachelor);
- higher magistracy (master's degree);
- higher training of highly qualified personnel (if you have completed graduate school, residency, or assistantship).
If the studies were completed before the reform of the educational system, then indicate information from the diploma, for example, “higher professional.” Previously, these degrees were not the level of vocational education, but its steps, and they were not indicated on the first page. Now the rules are different; this is a mandatory attribute when making entries. After filling out this data, indicate the profession and specialty as in the documents on completion of studies.
IMPORTANT!
The employer is not obliged to request information about a future subordinate; he provides it himself (clause 3 of Article 86 of the Labor Code of the Russian Federation).
The same applies to the authenticity of educational documents provided to the employer. He is not obliged to check them. Only if a person is not hired by the Ministry of Internal Affairs, the military and space industries, or state security structures. But be sure to make a copy of the documents so that there are no difficulties with the inspection authorities in the future. If management decides to check how reliable the diploma is, then written permission from the employee will be required.
ConsultantPlus experts analyzed what level of education education received in college is equated to. Use these instructions for free.
What are the rules when filling out
The title page of the work book is filled out on behalf of the employer. You need to know that the document should be drawn up when the employee has been accepted into the organizational structure and has worked for a week. It happens that the execution of a document raises questions and becomes prone to errors; blots and corrections are allowed in its content.
The human factor is to blame. The personnel officer could have been distracted, or he was distracted himself and therefore made inaccuracy. To avoid such situations, just use the following rules:
- Decide what color of ink will be used to make entries. You can choose purple, black or blue.
- Abbreviations of words should not be allowed when making entries. It is necessary to write in legible handwriting, taking into account the compactness of the letter.
- The title page must include the employee's last name and initials in full context. This information is written in the passport or other identity document.
- Birth information is clearly written in Arabic numerals; there should be no Roman numerals at all. The date and month are written in two digits, and information on the year of birth is written in four.
- From the diploma of the educational institution, you need to fill out a line about the employee’s education. In the same place it is indicated what education.
- Where the profession line is located, the employee’s specialty indicated in the diploma is written down.
- On the title page at the bottom, space is reserved for the signature of its owner; the transcript of the signature, date and seal of the company are also indicated here.
Is information about studies indicated in the electronic work book?
The Russian Pension Fund maintains a digital database of books. To enter current employment information, the employer submits it to the Pension Fund in the prescribed manner. As for studying, whether to transmit information or not depends on when it took place. If before the start of official work, then you will not need to notify the Pension Fund about it. If during the working period in the organization an employee studied at the same time and received a new specialty or improved his qualifications, then he will have to provide a SZV-TD report. The Pension Fund will enter new data into the digital system.
How to certify a copy
A copy of the work record book is issued to the employee based on his written application. This must be done within three working days after receipt of the application (Article of the Labor Code of the Russian Federation).
The copy is formatted as follows. All completed pages of the work book are photocopied, starting from the inside cover. In this case, on each page of the copy an inscription is made (or a stamp is affixed) indicating the accuracy of the copy (“Copy is correct” or “Correct”). This inscription is certified by the signature of the employer or his authorized person indicating the full name, position and date.
On the copy of the page containing the last entry in the work book, immediately after this line the phrase “Works to date” is entered. This record is also certified by the signature of the employer or his authorized person indicating the full name, position and date.
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If the letter "ё" is present
When there is a letter E in the initials or surname, and if it is written as E, then this can definitely cause difficulties when applying for a pension. Other supporting documents may be required to show how these words are spelled correctly. It turns out that the letter E must be written the way it sounds. It doesn’t matter in the surname, patronymic or first name.
For example, the letter E is written on a driver’s license, and the letter E is written in the employee’s work record book. At the trial, it was found that the second letter does not have a double meaning, and it turns out that, in general, it does not have any influence on the definition of an individual. The meaning as a whole is not lost and the Pension Fund is obliged to accrue the pension without questions.
Dismissal
We enter data according to the same scheme. Here are the nuances:
- The information is certified by the signature of the responsible person and the seal of the organization (if there is one). Without them, the data risks causing suspicion and difficulties for the book owner in the future.
- All records made by the personnel officer must be read and signed by the employee. They plan to cancel this rule, but for now it is in effect.
- When indicating the grounds for dismissal, not only the paragraph of the article, but also its part is indicated (Article 84.1 of the Labor Code of the Russian Federation).
Here is what a sample of filling out a work book looks like in this case:
If you change employers frequently, sooner or later the “Information about work” section will end, and we will end up in the “Information about awards” section. You cannot enter job information here. What to do? Prepare an insert in the work book and continue making entries in it. Read more “Instructions: filling out the insert in the work book”
Date of completion
The “Date of Completion” item, which records the day on which the work book was completed, is also located on its title page, but mention of it was removed from the instructions in a separate subsection.
This aspect receives special attention, because an organization can open a work book for a new employee not within five days, as required by the Instructions, but after a long period of time . For example, there were no forms in the organization at that time, and when they appeared, they decided to put this date on them “retroactively.”
In this case, it should be remembered that each work book, like any other document, has a series and number, which directly depend on the date of its issue.
Thus, an anachronistic discrepancy may arise if the date of issue of the work book is later than the date of its completion. Remember, the date of completion is as important as the entry in the work book about acceptance of the position.