Rules of the labor book in Russia

The work book is one of the most important documents involved in the registration of the relationship between an employer and a hired employee. The norms of handling it are defined at the level of federal legal acts. The rules for keeping a work record are an example of fairly strict legislation. What is their specificity?

General facts about the management of labor books

The main legislative source that regulates the rules of conducting work books is the 225th Resolution of the Government of Russia, issued on April 16, 2003. It consistently outlines all the nuances concerning the correct handling of this document. Consider the general facts about the management of labor books, which are contained in the Resolution.

This legal act establishes that work-book is the main document reflecting information about the activity and experience of a citizen. The Resolution states that employers are obliged to establish work books (and also to continue operating) for each employee who has worked for more than 5 days in the organization (provided that this work is the main one).

It can be noted that in those rare cases when the employer is a natural person, labor book is not started - this is prohibited by law.

Key information that is reflected in the workbook: personal data about the employee, the nature of the work he performs, information on the transitions between different employers, facts about awards for various achievements. Any disciplinary penalties in the document do not fit, unless this is dismissal.

The work books are filled in Russian, and in the national Russian republics it is possible to use local languages that have the status of a state language.

Registration of books

The rules for keeping the work record book, we can begin to examine from the points reflecting the specifics of filling out the document. Let's list the most important facts concerning this process:

- If the employee is hired for the first time, the company-employer must issue a work order for him within a week after the person commences his labor activity ;

- information about an employee is entered in the document in question on the basis of a passport or other source of identity that is legally recognized;

- data on the education received by the employee, as well as on his specialties, occupations are taken from diplomas and other documents confirming the qualification;

As soon as the workbook is formalized, the employer undertakes to conduct it correctly. But as a matter of fact, everything that a company can do with a work record is to make entries in it and make adjustments. Therefore, it is extremely important to know how to correctly record in the relevant document.

Recording

The rules for keeping a work record book assume that all entries in it (for example, translations, qualifications, dismissals, awards, etc.) are made on the basis of an order that must be signed by a competent person from the management of the employer company. The introduction of information in the workbook should be carried out without the use of abbreviations. Records should be accompanied by a serial number. Whenever the personnel service of a firm corrects an employee's work record card, she must notify him of the changes to the signature.

If it is necessary to include information about the termination in the document, the formulations should fully correspond to those that are stipulated in the RF LC and other federal laws. If the employment contract is terminated in accordance with Article 77 of the RF Labor Code, then in the workbook it is necessary to refer to the necessary item from the first part of it. If a person leaves on the basis of the provisions of Article 81 of the Labor Code of the Russian Federation, it is also necessary to reflect the language prescribed by law. If the employment contract is terminated due to circumstances beyond the control of the employer and employee, then the reference should be to the provisions of Article 83 of the LC RF.

If the employee wishes, then information about part-time work (including dismissal from her) can be recorded in the workbook. But for this, the employee must submit to the personnel service a document that confirms his employment relationship with another employer.

Among other popular records that provide for the rules of keeping a work record are information about military service (and also about work in the internal affairs bodies and other state and security structures). Also in the document can be inscribed information, reflecting the fact that employees undergo advanced training courses.

In the workbook, as we noted above, information about the employee's awards due to his labor achievements is recorded. It can be information about state awards, honorary titles, the delivery of letters, badges, diplomas and other types of incentives, which are provided for by the laws of the Russian Federation and local legal acts of employers.

Changes and corrections

The rules for keeping the work record are also allowed to make changes and corrections to this document. How should they be produced? If it is a question of changing the name, date of birth, information about education, the actions of the personnel service should be supported by documents related to the facts being updated.

If it turns out that the personnel officer made a mistake in making a record in the workbook, then this can be corrected. At the same time, an appropriate adjustment can be made by the HR department also in the new work, if it has a confirming document from the previous employer.

If it is a question of corrections in sections reflecting facts about work or about awards, incorrect data can not be crossed out: one should make notes that they are invalid, and correct information is next.

A scenario is possible in which an organization that has made a mistake in the registration of a work record has changed its legal status. In this case, the company that became the legal successor of the company must make adjustments in the document. When an organization is liquidated, a new employer makes a change to the workbook. A similar scenario - if the employer is an IP, liquidating its status.

Issue of a duplicate of work-hard labor

Let's consider one more important aspect, which includes the rules of conducting work books. 225-th Resolution of the Government of the Russian Federation allows the issuance of their duplicates. There are several reasons for this procedure. Let's study the key that contains the rules for keeping the work book. What should the employee do if he, for example, accidentally lost the relevant document?

First of all, you need to report this fact to the employer. Under the law, the company must issue in this case a duplicate of hard labor for 15 days. When completing this document, the employer must add information reflecting the length of service (which is documented), as well as information on awards.

It is possible to issue a duplicate instead of a valid work record, which contains an invalid record of dismissal or the fact of transfer to another place of work. In this case, the new version of the document will contain all the necessary data, except for the incorrect ones.

The rules for maintaining and storing labor books assume that the employer must ensure their integrity, prevent damage, and must not lose the relevant documents. But it happens that due to various reasons the company still violates one of these rules. For example, because of an emergency. If it so happened that the work books were massively lost by the employer, then the work record of the employees fixed in them is established by a special commission. It consists of competent representatives of employers' companies, various trade union organizations and other authorized structures.

The commission studies the documents that the employee has - references, or, for example, those related to the activities of the union - tickets, registration cards, pay books. If there are no relevant sources for the employee, then the facts that he worked for such and such a company can be confirmed on the basis of the testimony of two or more people who were once colleagues for a person. After the work of the commission, duplicates of documents issued in accordance with the established procedure are issued to employees. It is also possible to connect ships to the process of establishing the length of service.

Issue of the book upon dismissal

There are several regulations that somehow correlate with the Regulation, which establishes the rules for keeping the work book. According to the Labor Code of the Russian Federation, in particular, the employer is obliged to give the employee the corresponding document on hands after dismissal. How is this done in practice?

In the process of dismissal of the record, which the personnel service of the employer contributed to the employee's work record, they must be certified in the established order. Also, the signature must be put by the employee himself. If the information in the workbook was not only in Russian, then the language is also certified in another language.

Decoration of liners

The workbook can also be accompanied with an insert in the established order. It has unique identifiers - series and number. It is applied if all or part of a page is filled in the workbook, as a result of which there is nowhere to write new information.

The insert is maintained according to the same rules as the work book, and without this document it is invalid. Whenever the personnel service prepares a loose leaf, it is necessary to put a stamp reflecting this fact in the workbook.

Keeping books

The 225th Resolution reflects not only the basic rules of the labor book. How to store these documents, as well as keep their records, there is also told. It can be noted that the employer must conduct the relevant procedures not only with regard to working labor books and inserts, but also forms.

To ensure the correct record of documents, the company must have several documents:

- income-expenditure book, which records information on forms of workbooks and loose leaves;

- the book of the account of movement of documents.

The forms of the relevant documents are determined in regulatory enactments issued by the executive bodies of the Russian Federation. Concerning the income-payment book, information about all procedures reflecting the receipt or consumption of the forms in question should be recorded in it. It is necessary, when registering, to indicate the series and number of each document. In the book of recording the movement of books and the inserts attached to them, it is necessary to register documents that are received from employees entering the workplace, as well as labor books and supplementary inserts. At dismissal the employee of the firm signs in both books.

Forms of workbooks and liners are subject to storage as documents of strict accountability. They are issued only to competent employees of the company on request. A specialist of the appropriate profile must submit to his accounting department a report on how things are with the number of forms, the money amounts that are received for labor books and inserts.

Aspects of manufacturing and purchasing labor books

The workbook is the most important document, and therefore it is manufactured in an order that is approved at the level of official authorities. Forms of work books, as well as liners have the appropriate elements of protection. The employing company must itself acquire the types of documents in question, but, at the same time, it has the right to assume compensation for the corresponding costs on the part of employees.

Labor book in Russia: the evolution of legislation

The most interesting facts reflect the evolution of legislation that establishes rules for the management of workbooks. Russia is a state with frequently changing laws in many spheres. According to many lawyers, the sphere of labor law and related industries is a vivid example of this.

First of all, we note that the rules for keeping the workbook until 2003 and those that are currently in place were regulated by fundamentally different regulatory acts. Despite the fact that by 2003 the modern Russian statehood had been completely fulfilled, the Soviet laws were in force in regulating the turnover of the workbooks. Thus, the procedure for filling in the relevant documents was regulated by Resolution No. 656 of 06.09.1973, issued by the USSR Council of Ministers, as well as by the All-Union Central Council of Trade Unions jointly - "On Labor Records of Workers and Employees". In accordance with this source of law, the Instruction was also issued, according to which the work of the books of the Soviet enterprises was to be accounted for. Approved this document was, in turn, the Decree of the State Committee of the USSR. One of the most accessible resources, with the help of which it is possible to find the Soviet rules for keeping the work book for reference - "Consultant". But this document is also found in other reference and legal systems.

What interesting facts do the Soviet rules of labor books contain? Has Russia changed much? In principle, many of the provisions of the legal act issued in the USSR were similar to those that we observe in modern legislation. So, for example, in one of the provisions of the Soviet document it is said that employees should get acquainted with the facts of making any changes to the workbook or an insert in it. Approximately the same wording, as we noted above, contains the rules for the maintenance of work books in 2014.

Also among the norms that have the character of being similar to the modern ones is the provision that with each record in the workbook reflecting the fact that a person is employed, dismissed or transferred to another place of performance of labor duties, the personnel service should familiarize the employee with the signature.

At the same time, at the level of the above-mentioned provisions, there are also significant differences between the Soviet and Russian approaches to the management of workbooks. So, for example, in legal acts published in the USSR, it was said that an employee should put signatures that certify those other adjustments in the document in special forms. While the rules for the maintenance of workbooks in 2014 admit that a person can also subscribe in the workbook itself.

Differences in versions

Another important historical aspect, reflecting the specifics of Russian workbooks is that they are issued in different series. Now there are 5 of them. The very first series was published the following year after the introduction of new rules for the maintenance of labor books of the Russian model, which replaced Soviet norms. The series received the TC index. In comparison with previous versions of the workbook, the form has slightly decreased, changed color.

Series TC is characterized by several degrees of protection. So, for example, on all pages of the workbooks there is the phrase "Workbook" visible in the ultraviolet rays , as well as watermarks in the form of abbreviations TC. The sheets of documents of the new series are sewn with the help of a thread "Bicolor", which consists of two colors.

As we noted above, since 2004 there have been 5 series of labor books. In 2004-2005, the TC was used, in 2006-2007 another sulfur was used - TK-I, from 2008 to June 2010 - the next, TK-II, then - TK-III, valid until 2012. In 2013, the newest series of workbooks - TK - IV.

What does this have practical significance? The fact is that the membership of the work-book of a particular series can affect, for example, the definition of its authenticity. If the 2012 series document contains data, even if all the rules for keeping the workbook, 2010, are observed, then it will be invalid. Perhaps, the employer simply could not trace the correspondence of the year of release of the book to the moment when it was filled, but the legislator can treat this as a fake document. It can also be noted that employers have to make sure that the work-books brought by employees from previous enterprises are genuine - and not only by checking the compliance of information reflected in the document with the year of its series.