Since 2021, all employees have the opportunity to issue an electronic work book . Everyone decides for themselves whether to switch to a new format or not. You must inform your employer of any decision you make by December 31, 2020 . At the same time, the book will not be transferred into electronic format without the employee’s consent.
Starting in 2021, new paper books will no longer be issued. A person who gets a job for the first time in 2021 and later will only be able to obtain an electronic work record book. What are its advantages and how to use it - in the mos.ru material.
How to register a “labor” document for the first time
Traditionally, the “labor” is issued by the employer , along with the conclusion and signing of the contract at the first job.
Therefore, the employee does not need to worry about where to get the “book”. According to the law, for an employee who does not have a “book”, the employer must issue one within 5 working days. Registration and filling out occurs with the obligatory presence of its potential owner. You should be very careful and carefully check the correctness of writing all information about the employee, because the “employment record” is a document that in the future will be the only confirmation of work experience.
Many lawyers specializing in labor relations advise not to neglect the moment of filling out the document for the first time, due to the fact that in the future, when applying for a pension or various benefits, any information entered in the “book” is subject to careful checking for the correspondence of the records. The presence of typos or inaccuracies in it may create certain difficulties for its owner.
If before being hired, the employee was in military service, received higher education or took qualification courses, then this information can be entered into the “labor” record.
Information that must be present in the labor report:
- Date of Birth;
- type of work performed;
- information about transfer or retraining;
- information about the reasons for dismissal;
- information about awards and incentives;
- Name;
- surname;
- surname;
Information about the employee’s personal data should be copied exclusively from the passport, and not by ear.
If an employee loses his or her work permit, he or she will be responsible for paying for a new form.
What it is?
A work book is a document that includes information about the work activity and work experience of citizens. The new model was established by the Government Decree “On Work Books”, published on April 16, 2003 under No. 225.
The document has additional security measures. This is the inscription “Work book” glowing in ultraviolet light, a special seam holding the pages together. The sheets are created from special paper containing watermarks. The sale of legal documents is carried out by the official distributor under a sales agreement.
The new copy has a gray cover with the Russian coat of arms on it. It has a smaller format compared to the book that was valid previously. It has four additional pages.
Books are sold in:
- trading companies selling office supplies;
- wholesale trading companies that deal with direct deliveries;
- sales departments of the Goznak association.
The employer may require the person hired to reimburse the expenses incurred for the purchase of the book. When an employee is hired for the first time, the document is drawn up within the working week.
How to get a “labor” employee
According to labor legislation, the “book” is issued back to the employee only in the event of his dismissal . However, sometimes situations arise when an employee needs to provide information contained in the “labor” to certain organizations. For example, to a foreign embassy. At his request, the employer is obliged to provide so-called “certified statements”.
It is worth noting that if the “book” is lost, the employee has the opportunity to contact his last employer. Fifteen days after the application, the employer gives the employee a duplicate or insert of the established form.
Storage and issue
The article indicates the nuances of how to obtain a work book for the first time since 18 years of age. It is from this age that official employment is permitted. But how to get a work book for the first time since you were 14 years old? Sometimes registration is allowed from this age, but with the permission of parents and guardianship authorities. In any case, you need to know how to open a work book, even if it is opened for a minor.
A document that is stored in an organization cannot be issued for the period when the employment relationship is formalized. If it is needed to be submitted to a certain authority, then an application must be made to the employer to provide a copy of the work record book or an extract from it.
The employer must comply with such a request. And authorities cannot require the original document to be provided if it is located at the main place of work.
Notification of the need to obtain a “labor”
When terminating an employment contract with an employee, the employer must correctly follow the dismissal procedure. His main duty in such a situation is to give the “labor” to the employee on the same day when he quits.
According to the law, after receiving the “work record”, the employee must personally sign the book for recording the movement of work records . If an employee is absent on the day when he quits, refuses or avoids receiving his “labor”, a registered letter is sent to the employee’s address. It contains a notification about the need to obtain a work book. This stage of the dismissal procedure is intended to free the employer from the obligation to pay compensation for delays in providing labor.
It is worth noting that the Labor Code does not provide for a single form of notification. In practice, HR employees formalize it arbitrarily on the institution’s letterhead.
The notice of the need to obtain a work book contains the following information:
- date and document number;
- the address where you need to pick up the “labor”;
- position, full name of the employee;
- operating hours of the service responsible for the safety and issuance of the document;
If the employee does not pick up the “work book” and has not given his written agreement to send the document by mail, the employer must keep the “book” until required.
This document is used in the following cases:
- Dismissal of an employee due to reduction.
- Dismissal of an employee on probation at the initiative of the employer.
- Dismissal due to cessation of the institution's activities.
- Dismissal due to inadequacy of the position held by the employee due to his insufficient qualifications.
- Making a transfer to another employer.
Statement
How to create a work book? Sometimes employers require you to write a statement. It is drawn up on A4 sheet. It is written according to the following rules:
- In the middle it says “Statement”.
- Then you need to write about the need to draw up a book due to the conclusion of an employment contract and Part 4 of Art. 65 Labor Code of the Russian Federation.
- Then the date and signature with a transcript are indicated.
This is a standard application form. But usually they don’t require it. The main thing is only the correct filling, maintenance of the document, as well as its storage and issuance.
Employer's work record
“Labor” of the manager
According to the law, an employment contract with a person who is the head of an enterprise is signed after he is elected or appointed by a general meeting of participants to a leadership position, for a period determined by the charter of the company. The signature on an employment contract from an enterprise is usually placed by the chairman of the meeting where the leader was elected or appointed.
Labor law does not contain rules regulating the procedure for entering information into the “book” when appointing or accepting managerial positions.
What happens in practice:
- The first internal order of a newly elected or appointed leader will be an internal order to occupy the corresponding position.
- The legal basis for this order is the decision of a general meeting of members of the society and the signed employment contract. According to the law, the employer, on the basis of an internal order, is responsible for drawing up “labor” documents and recording information in them.
- An entry will be made in the manager’s “book” that he has been accepted or appointed to work - a legal argument, in this case the minutes of the general meeting.
“Labor” of an individual entrepreneur
Very often, many individual entrepreneurs ask the question about the need for a “labor” establishment. By concluding an employment contract with its employees, if any, an individual entrepreneur acquires the status of an employer. Accordingly, he must issue or store “labor records” of employees working for him.
It is important that he does not have the right to create his own “book” for himself, just as he does not have the right to sign an employment contract with himself. In the future, a document confirming his work experience will be a certificate of his state registration as an individual entrepreneur.
Order for registration
An order is an order from the employer to draw up a work book. This will be the final stage of the workflow. The order is certified by the signature of the head of the institution and the seal. It is issued to confirm the legality of acceptance or termination of a contract, as well as when a work ID is created for the first time or any entries are made on it.
Prepare the document by entering:
- personal information about management and company name;
- information about subordinates;
- the reasons on which the registration took place;
- date of entry into force of the act;
- signatures of the parties.
All citizens who begin their professional activities must complete a work book. In order for this procedure to be completed, an appeal to the employees responsible for this work is required.
How to get a work book instead of an employee
According to civil law, an employee has the right to authorize the receipt of a “book” by issuing a power of attorney. A power of attorney cannot be valid for more than three years, and if the period is not specified in it, then the general rule applies - 1 year.
The nuance is that, according to labor legal standards, the “labor document” is given to the employee only on the day the dismissal occurs. Until this moment, neither the employee nor anyone else has the right to take away the “labor”. Immediately after dismissal, any person for whom a power of attorney has been issued can pick up the “book”.
Obtaining a work book is an abuse
In practice, very often, employees abuse the right granted to them for monetary compensation from the employer, deliberately not taking away the work book. Thus, they refer to the fact that the employer did not comply with the statutory dismissal procedure.
However, if it has been fully complied with, then the employee has no opportunity to abuse his rights. The fact is that the Labor Code of the Russian Federation did not contain a legal norm that would protect the employer from abuse of this labor right, as a result of which such cases occurred all the time.
However, the Labor Code of the Russian Federation took into account such abuse on the part of employees, and clearly regulates that if the employer fully complies with the dismissal procedure, he is exempt from liability.
Subsequent employment
In order to get a new job, a person must provide his work book to the HR department along with other documents required for admission. He needs to get it from his previous employer upon dismissal. If the employer has not issued the document, you can safely contact the labor inspectorate or court and demand compensation. If the employer issued it, the document must be properly stored until the next employment.
There is a certain list of workers who may not have a work permit, these include part-time workers and freelancers. When applying for a job after such a position, it will not be easy to prove your existing length of service and work experience; references from a previous employer can help with this.
What to do if an employee refuses to receive a work book
If an employee refuses to receive a “book”, it is necessary:
- Draw up an act about this and declare the fact of refusal.
- After this, the organization is obliged to send the employee a notice of the need to appear for a work book.
From the day such a notice is sent by mail, the employer is deprived of liability.
What does the notification of receipt of a work book and the act of an employee’s refusal to receive a work book look like?
Typical samples of these documents:
The procedure for entering information about the award
The principle of entering information in this section - “Information about awards” - is similar to the previous section. That is, first, the full name of the organization is written in the form of a heading, then the serial number of the entry, the date of award, by whom, what and for what merits the employee was awarded are indicated in the corresponding columns. The last column records the number of the award order and the date of its signing.
After dismissal, all entries made in the work book while working for one employer are certified with his seal. The same rule applies to information about remuneration.
Currently, awards and incentives are combined into one section of the work book, whereas in the old-style document they were distinguished. There is no specific rule regarding what types of incentives cannot be entered into the book. Therefore, in addition to state awards, titles, badges, diplomas, the owner of the work may require to make a record of any encouragement, even a certificate of honor and gratitude.
