Decor
For a citizen who works a lot, it may happen that the pages in the work book where information about work is indicated run out very quickly. This happens for various reasons, including the following:
- change of place of work;
- career growth;
- many incentives included in the document.
To avoid starting a new book, use a special insert that is protected from counterfeiting. In this case, the following rules are adhered to.
- An employer who has run out of a section must create an insert.
- The title is filled in with the date it is created, that is, different from the date the work book was created.
- The insert contains information about the employee that is currently valid.
- The title is signed by the personnel officer who keeps the record, and the organization’s seal is affixed.
- The number of inserts can be as many as needed. Their form and sections are determined by Government Decrees. The document is maintained in the same order as the book. Moreover, separately from the latter, it is considered invalid.
Nuances of management by the employer
If an employee who does not have a work book comes to the enterprise, he is issued one only after he has worked for five days. He must reimburse the cost of the form to the company.
Usually, when an employee gets a new job, the full name of the company is written in the work book in the third column without a number, and the short name is written below in brackets. When keeping records, the use of abbreviations of words is expressly prohibited by law. For example, the Labor Code of the Russian Federation cannot be written. Instead, indicate the Labor Code of the Russian Federation.
After a block of information related to a given enterprise is opened, a record of hiring is made. Its text must correspond to the wording of the order. When indicating a document in the fourth column, it is unacceptable to write “Ex.” You should always write “Order” here.
Further, records may be indicated that transfers of the employee from one position to another were made.
Upon dismissal, the seal of the enterprise and the signature of the manager with a transcript are affixed.
If a mistake has been made while keeping records, it is not allowed to be corrected or erased. For that. To enter the correct information, do the following:
- The incorrect entry remains without any changes.
- An entry is made under the following number. It records the fact that the previously made entry is erroneous and provides the correct version.
After this, the correction is considered to have been made.
Sewing
In addition to how to make a recording, you also need to know about sewing.
It begins when the job information and/or awards sections end. There are no special legal acts regulating the rules for sewing in a document. There are also no instructions about the place where the document should be located, what thread is used to sew it in, and how many punctures are needed for this. The control authorities will not find fault with these details. If we approach the issue from the technical side, then it is more convenient to sew it in the middle. However, in this case some records will be separated. Therefore, more often the insert into the work book is sewn at the end, making 4 to 5 punctures between the cover and the last page of the document.
Fastening should be done using sewing. Simply investing will not be enough. Gluing, fixing with a stapler or other methods is also incorrect, since all of them will not preserve the document in the same way that sewing can do.
By law, each company must have its own stamp. And if it is missing, then you need to order it. As in the case of labor, the insert is issued for a fee. The employee can pay for it through the cash register or transfer money. But, in addition, these papers can be issued free of charge, if such a procedure is provided for in the relevant legal act.
Legislation regulating the procedure for filling out the insert in the work book
An insert in the work book is a personnel document necessary when the place in the book has run out and entries need to be made in it. The procedure for filling out the insert is regulated by the following regulations:
- Labor Code of the Russian Federation. It does not directly regulate the procedure for using the insert, but it contains information relating, in particular, to the procedure for making entries about the dismissal of an employee.
- Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225. This document reveals questions about in what cases the insert is used and describes the general principles of filling it out.
- Instructions approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69. The document reveals the procedure for filling out work books, which, by analogy, applies to inserts.
The main problem when filling out inserts is the lack of clear and detailed regulation of the procedure. In this regard, personnel workers, when controversial issues arise, are forced to turn to the clarification of the Ministry of Labor of the Russian Federation, as well as apply the established practice of personnel document flow.
Possible mistakes
Sometimes it happens that those employees who fill out the relevant documents make mistakes. Corrections are then unacceptable. If we are talking about the liner, then it is better to recycle it. Since there is a unique number, it is cut out and pasted into the logbook. A common mistake is observed when they decide to make an entry in the “Information about awards”, instead of entering it in the data about the work.
This mistake is made when the “Job Information” is completely filled out, and the HR department was too inattentive. Then, according to special Rules, strikethroughs are allowed on the pages. The correct entry with the next serial number will be made in the insert. At the same time it is prohibited:
- using a new book form instead of filling out the insert;
- crossing out a word in the phrase in the “Information about awards” section to replace it with “work”;
- fixing blank sheets in different ways.
When filling out the insert, you should adhere to the following points:
- the document continues to be maintained, just like the book;
- he does not have a legal entity. force without presentation of labor force;
- if an employee’s name has changed during the course of his work, then this information is reflected both in the work document and in the insert.
When there is no space left on the page, and the recording has not yet ended, it is transferred to the insert, starting from the place where it had to be broken off.
If the insert did not start and the seal was not affixed, but the employee works on a permanent basis, he should contact the employer with a request that the insert be maintained properly.
Sewing the liner
A stamp with details to indicate the fact of establishing the insert is affixed to the first sheet of the main labor document. It is placed in such a way that the imprint does not overlap other entries made in the margins of the book.
To comply with the above requirement, the stamp is placed at the top of the sheet or on its inside.
Not every organization or enterprise has its own stamp, and the law in such cases does not prohibit making a handwritten entry by an authorized personnel department employee.
Legislation and document flow rules do not establish clear regulations that guide HR department employees, for example, when choosing where to sew in the liner.
In practice, the additional document is placed at the end of the TC - in front of the back cover.
Sew-in is the only way to attach the insert to the main document. In other words, it cannot be glued, stapled or otherwise attached to prevent the possibility of removing the addition and then returning it to its place without visual differences from the original appearance after flashing.
It is recommended to use nylon thread. In place of the knot, a small piece of paper is glued, on which a stamp, date and signature of an authorized person are placed, as well as the word “stitched”.
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Rules for certifying a copy of a work record book
Separately from the TC, the insert has no legal force and its use is impossible.
There should be no difficulties at the page numbering stage. The main rule is to follow the numbering sequence.
If a mistake is made while filling out a document, it is prohibited to cross out, correct, use a proofreader or other means. The next line indicates that the above entry is erroneous, and the correct one is entered in its place.
Last name change
The employer should inform the employee about the nuances that must be taken into account when changing his full name. The rules are stored in the relevant personnel and accounting documents. An employee with a changed surname has the right to come to the director with a corresponding application, indicating the change in surname. Then the following is done:
- the manager endorses the employee’s application;
- on the basis of this document, the personnel officer makes a corresponding entry on the work sheets;
- after this, an order is issued to change the surname;
- At the end, the change worker performs the remaining actions.
The surname on the title is changed. To do this, cross out the one that was there and write in another. Recording is done on the inside. side, usually on the cover, and indicate links to other papers. Certificate of completion of this action is the signature and seal of the company. Changes are made to the employee’s personal card in a similar manner.
Is it possible to get a new work book if you have an old one?
Currently, there is a positive trend in the development of financial and legal literacy of employees. Citizens carefully study the legislation in an effort to protect their rights.
Therefore, the question of whether it is possible to create a second work record book is being asked more and more often.
The legislation of the Russian Federation does not contain a specific answer to this question, which leads to a certain ambiguity and an attempt to figure out how to act correctly.
What is a work book
A work book is an official document in which information about a worker’s employment and length of service is entered. This document is drawn up and stored in the human resources department of the employing enterprise. Any organization is required to maintain books for all employees who work under an employment contract for more than five days.
The work book contains information about the employee:
- Full name according to passport data
- age information
- information about education is recorded on the basis of a diploma or certificate
- full and abbreviated name of the enterprises with which the employee has an employment contract
- position/specialty of the employee, assignment of rank
- data from the order or other document on the basis of which the employee was hired by the organization
When a worker is dismissed, the HR department enters into the work book information about the reason and the date from which the employee does not work in the organization. In addition, the order according to which the employee was dismissed is indicated.
Records of acceptance and dismissal must be certified by the personal signatures of the employee and the personnel officer. On the day the employment contract ends, the citizen is required to provide a work book.
Is it legal to have several work books?
A work record is the most important evidence of an employee’s work experience. The reasons why a citizen re-issues a work book can be different:
Two or more books
- loss of a work form and discovery of the original book only after the creation of a new one
- hiding another place of work from the management of the enterprise
- desire to conceal the fact of dismissal from a previous job “under article”
- the employee wants to start his career with a “clean slate” and hide information about previous undesirable qualifications
- physical damage to the first book
Each employee has the right to work in several enterprises. However, the work book must be kept by the main employer (in accordance with Article 66 of the Labor Code of the Russian Federation). Activities in other organizations in this case are considered combination. If the employee wishes, information about the second job can be entered into the work book, based on an order for employment in another company.
Therefore, an employee should not have several work books. If you lose your book, you must notify the HR department and a duplicate will be issued.
However, there is no clear prohibition on owning several work books in the Labor Code. An employee working in two organizations at once and keeping work books in duplicate does not bear direct responsibility before the law. But sometimes situations arise when working on two books is illegal.
For example, a woman receives child care benefits under both books. In another case, the girl starts a new job without stopping maternity leave, and gets another work book in order to continue receiving benefits in the future.
These situations can end disastrously, since the employee may be forced to return the excess funds through the court or accused of fraud.
Thus, to avoid problems in the future, it is advisable to carry out work activities using a work book in a single copy.
What to do with deductions if you have two employees?
An employee, when joining an organization, must inform the employer about the availability of a work book in two copies. At the legislative level, an employee cannot be denied employment.
However, the employer will wonder why length of service is not taken into account in one work report, even if there is a second part-time job. In this case, the employer will ask the employee to decide on the main place of work in order not to violate the implementation of the articles of the Tax Code of the Russian Federation.
After all, an employee can only claim tax deductions at one place of work.
The worker is required to choose his main place of work and submit a statement to another organization that the deductions have already been received. You should not claim tax deductions at both jobs. If tax officials find out about this fact, the violator will pay a fine under Article 122 of the Tax Code of the Russian Federation.
The issue of tax deduction is also important for the employer. Therefore, the boss must be aware of whether the employee works in the organization at his main place of work or combines this work with another.
After all, if, during an annual audit, tax officials discover inconsistencies, the employer will also have to pay fines and penalties in accordance with Art. 123 Tax Code of the Russian Federation.
For a hired worker, this situation is fraught with dismissal.
Thus, owners of two work books do not need to claim tax deductions for several places of work at once. This also applies to other guarantees from the main place of work. When an employee takes leave during a study session, only one employer needs to demand payment for it. In the second organization you need to apply for free leave.
Registration of a pension if you have two work books
Owners of work books in duplicate when applying for a pension, submitting documents to the Pension Fund, tried to submit both books with a package of documents in order to increase the total length of service. However, pension fund employees do not accept multiple work records. Only one copy can be provided to the Pension Fund.
In the near future, they plan to abolish the requirement for workers to have a work book. With the introduction of personalized accounting in pension insurance, the meaning of the book as a storage device for recording work experience was lost.
Individual records for each employee in the pension fund include all information about the length of service of the future pensioner. In addition, after the pension reform, the amount of the pension is also affected by contributions to an individual PF account.
Therefore, people with several work books need to keep in mind that they can only attach one “profitable” book to their pension application.
Benefits and experience
Holders of work books in original copies are often concerned with the question of how the insurance period is calculated and benefits are calculated. The insurance period consists of the following periods of work:
- civil service
- municipal service
- under an employment contract
- other activities during which the employee was insured
Benefits are paid in case of sick leave due to:
Confirmation for calculating the length of service and the amount of benefits in accordance with the law is the work book. Consequently, in order to register and receive cash payments, the employee must indicate only one main place of work.
Benefits received in connection with pregnancy and the postpartum period, or illness, are accrued according to one of the work books.
If an employee wants to receive these payments for two places of work, he can be accused of fraud.
When applying for sick leave for pregnancy, girls should definitely indicate their main place of employment. It is impossible to obtain two sick leaves for different organizations.
Thus, there is no prohibition in the legislation of the Russian Federation for an employee to have several work books. However, it is worth understanding that the presence of books in two copies contributes to problems when contacting tax and pension authorities.
It seems to me that now it is difficult to outwit enterprises with two work books. Every large enterprise has a work book, and if you were fired under an article, it will still become obvious.
I didn’t even know that it was possible to have two work books until I heard a corresponding conversation at my former job. In general, this is convenient, but there are different cases, for example, if it is not possible to provide the main book.
Source: https://zakonosfera.ru/cat-num-4/mozhno-li-zavesti-novuyu-trudovuyu-knizhku-esli-est-staraya.php
If the work book has expired, is it possible to get a new one?
However, there are several scenarios in which it becomes necessary to acquire a new document. It could be:
- loss of work record;
- desire to hide information about previous work from the new employer;
- moving to a new place of residence when documents are left at the previous place of work.
In case of loss, the work book can be opened at a new place of work if the employee writes a statement about the loss of the first document. However, the HR specialist has no right to make any duplicate entries based on the employee’s words or any certificates.
Government Decree No. 225 of April 16, 2003 defines the Rules for maintaining and storing work books, which are mandatory for employers, be it an individual entrepreneur or a large company.
How to get a work book
- 1 What is a work book
- 2 Is it legal to have several work books?
- 3 What to do with deductions if you have two employees?
- 4 Registration of a pension if you have two work books
- 5 Benefits and experience
What is a work book? A work book is an official document in which information about a worker’s employment and length of service is entered. This document is drawn up and stored in the human resources department of the employing enterprise. Any organization is required to maintain books for all employees who work under an employment contract for more than five days.
If the work book has expired, is it possible to get a new one? However, there are several scenarios in which it becomes necessary to acquire a new document.
Is it possible to get a second work book?
- Compensation payments that he received on sick leave may be forcibly collected from a citizen, because temporary disability benefits can only be received at one place of work. Attempting to receive benefits in two places at once can be regarded as illegal enrichment.
- A person can be brought to criminal liability under Articles 159 and 327 of the Criminal Code of the Russian Federation. Of course, it is difficult to call the second form fictitious if entries were made in it according to all the rules by employees of the HR department. But the fact that it is a second document acting as the first is illegal.
Second work book or insert?
The correct entry with the next serial number will be made in the insert. At the same time it is prohibited:
- using a new book form instead of filling out the insert;
- crossing out a word in the phrase in the “Information about awards” section to replace it with “work”;
- fixing blank sheets in different ways.
When filling out the insert, you should adhere to the following points:
- the document continues to be maintained, just like the book;
- he does not have a legal entity. force without presentation of labor force;
- if an employee’s name has changed during the course of his work, then this information is reflected both in the work document and in the insert.
When there is no space left on the page, and the recording has not yet ended, it is transferred to the insert, starting from the place where it had to be broken off.
How to make an entry in a work book if you run out of blank pages
Is it beneficial to have a second work book? The law does not prohibit having a second work book, but it should be remembered that parallel length of service does not exist when calculating pensions or other payments.
Therefore, for all calculations, only the length of service required is when the employer makes contributions and all taxes are paid to the country’s budget on time.
A parallel work book with marks at other enterprises can be considered a document to reflect part-time work, although there is no need for such actions.
All marks can be made in one document on the basis of Russian legislation. The same benefits received at several places of work should not occur. Benefits must be received only on the basis of one document, a single database. Otherwise, the employee’s actions may be regarded as an attempt to enrich himself through illegal means.
Is it possible to get a new work book if you have an old one?
Is it possible to have a second work book With the introduction of personalized accounting in pension insurance, the meaning of the book as a storage device for recording work experience has been lost. Individual records for each employee in the pension fund include all information about the length of service of the future pensioner.
In addition, after the pension reform, the amount of the pension is also affected by contributions to an individual PF account. Therefore, people with several work books need to keep in mind that they can only attach one “profitable” book to their pension application.
Benefits and length of service Holders of work books in duplicate are often concerned with the question of how the insurance period is calculated and benefits are calculated.
If the insert did not start and the seal was not affixed, but the employee works on a permanent basis, he should contact the employer with a request that the insert be maintained properly. Changing the last name The employer should inform the employee about the nuances that must be taken into account when changing the full name. The rules are stored in the relevant personnel and accounting documents.
An employee with a changed surname has the right to come to the director with a corresponding application, indicating the change in surname. Then the following is done:
- the manager endorses the employee’s application;
- on the basis of this document, the personnel officer makes a corresponding entry on the work sheets;
- after this, an order is issued to change the surname;
- At the end, the change worker performs the remaining actions.
Source: https://pbcns.ru/esli-zakonchilas-trudovaya-knizhka-mozhno-li-zavesti-novuyu/
Numbering
The insert continues the numbering that ended the entries in the work record. That is, if the last number on the work sheet was “11”, then the insert should contain “12”. A stamp is made in the work book stating that “Insert has been issued” and its number and series are indicated. In this case, it can be placed on the title or on the inside cover of the document.
Having information about what and how to do if the work book has run out, and how to continue recording correctly, it will be much easier to change your last name and make entries, both in it and in the insert. It will also be easier to avoid initial design mistakes.
Create a new book or insert
The work book has expired and how to start a new one is a situation that a personnel employee of an enterprise often encounters. The main reason why there may not be enough space in the Labor Code is the current legal requirements for registration, filling out and maintaining a book.
Information is entered without abbreviations or transfers to adjacent fields for ease of reading the displayed information. Therefore, the allotted sections for filling out can quickly run out, and subsequently a dilemma arises - the work book has ended and what to do next to enter data on the employee. You can create a new labor code and not look for ways to solve the problem with the lack of fields in the completed document, but in this In this case, an employee who often changes places of employment would have to have 2 or more copies, which is extremely inconvenient and impractical.
As an alternative, an insert is purchased in which subsequent information is entered, especially since the law clearly regulates the requirement for the presence of one labor document.
Pasting or otherwise adding blank pages to the TC is strictly prohibited.
Stages of completing the add-on:
- The personnel officer sends a request to the head of the enterprise or organization;
- the authorized person prepares the corresponding order;
- the employee receives an insert.
The issuance of the supplement is not free of charge, and the employee will have to compensate the employer for the costs incurred associated with the issuance of the additional document.
The calculation is made by:
- depositing cash into the company's cash desk;
- carrying out a non-cash transfer to the provided bank account of the organization;
- deductions from salary.
Local documents may provide for the free provision of additions to the Labor Code if necessary. If damage to the employment document occurred due to the fault of the employer, then the issuance of a new one is carried out at his expense.