The labor legislation of our country provides for various ways to employ citizens. This may be registration for a permanent position or attracting labor for a certain period of time. In the second case, the manager needs to know how to correctly record an entry in the temporary worker’s work book so as not to violate the law. Let's consider this issue in more detail.

General requirements for filling out work books

The columns of employee work books are strictly in accordance with the Labor Code of the Russian Federation. There are a number of rules that must be followed by the employer when registering them:

• The document that serves as the basis for making a new entry must be an issued order. It is signed no later than five days from the moment the employee is hired.
• The data must completely coincide with those in the issued order.
• It is prohibited to make abbreviations both when writing and when recording basic information.
• All dates must be written in Arabic numbers. In this case, the day and month of hiring are indicated by two numbers, the year – by four.
• Entries are made in Russian. The exception is its implementation in certain regions of Russia. Then the work book is filled out in two languages ​​simultaneously: the recognized state language at the local level and Russian.

The information entered into the work book may reflect information about the employee’s hiring, transfer to another place, or dismissal.

How is temporary employment reflected in the work book?

The Labor Code of the Russian Federation provides for several options for employing citizens on temporary terms. The first step is the employee’s application with a request to legalize his work activity for a certain period. When hiring a temporary employee, a HR specialist makes an appropriate entry in the work book and creates a personal card for the new employee. The record may reflect (for example, from one object to another), a transfer (when an employee occupies two positions at once, one of which is limited in time), movement or employment under a fixed-term employment contract (for example, for a period of seasonal work).

To properly comply with the relevant requirements, the following recommendations must be adhered to:

• After the last entry in the work book, you must handwrite the name of the enterprise where the employee is employed, or put a stamp of the organization, if available.
• In the first column “Record number” a serial number is entered according to the established order.
• In the “Date” section, you must indicate the date the employee was hired - the number that appears in the order.
• In the “Employment Information” section, it is necessary to note in which division of the organization the employee was accepted, as well as in what position his work activity will be organized. There is no need to indicate that the employee is hired temporarily.
• The last column will indicate the basis for hiring the employee, indicating the date and order number.

There is no need to indicate in the work book that the employee was hired temporarily.

The end date of a fixed-term contract may be a certain date or event, after which the employee ceases his employment. The HR department must prepare the contract, and the employee must read it carefully. The contract must be an employment contract, not a contract. In this case, it is worth paying attention to the correct indication of the date of conclusion of the contract, filling out personal data, indicating the validity period, the working conditions of the employee, the amount of his salary and the established work schedule.

Dismissal under a fixed-term contract is possible in the following cases:

• Expiration of the employment contract ().
• Return to work of an absent permanent employee.
• Employee initiative ().
• The employer's initiative in some cases ().
• On agreement of the parties ().

When dismissing an employee under a fixed-term employment contract, the employer must notify him 14 days before the planned departure. In addition, it is necessary to issue an order regarding the upcoming termination of the contract and familiarize the employee with it. Payment must be made on the day of dismissal. And, finally, it is necessary to carry out proper registration of the work book with the appropriate entry on the termination of the employment relationship.

A sample entry in the work book of a temporary employee about hiring and subsequent dismissal due to the expiration of the contract can be viewed.

Correctly completed documents in a company are always an important and relevant point that every manager should keep under control. Maintaining the work record of employees, including temporary ones, is an indicator of their work activity, and for the employer it is a reason to consider their team integral and united in the desire to achieve a positive result.

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 on the 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 description of specific entries in the work book, we note the most general rules that are established by two normative legal acts already known to you - the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by the Decree of the Government of the Russian Federation of April 16. 2003 No. 225 (hereinafter referred to as the “Rules”) and the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 (hereinafter referred to as the “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 large companies, the following approach is often used to facilitate the work of repeatedly entering employment 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 of the entry being 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 is carried out in accordance with the staffing table - a document that every organization must have. 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 names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements provided for in the relevant qualification reference books approved in in accordance with the procedure 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
• A unified tariff and qualification directory of works and professions of workers, individual issues of which were previously approved at different times by resolutions of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions, and the general provisions were approved by resolution 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 branch of the pension fund may refuse to count the corresponding period as a benefit to the employee. with reference to the fact that in the lists of positions, specialties and professions, according to which the right to preferential accrual is granted, this position (specialty or profession) is not present.

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, an 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 Classes (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 incorrect use of the words "accepted" or "assigned". 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 of a 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 must be written in the feminine gender: “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 the free space runs out, you should fill out an insert in the same work book, but on the 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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Accountant of the accounting and audit department of Ulysses LLC Sukhanov A.P. transferred to the labor and wages department to 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 movement of an employee in the same organization to another workplace, to another structural unit in the same area, the assignment of work on another mechanism, if the employee’s labor function does not change, are not considered translation 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 of the general meeting of participants, documented in Minutes No. 02 dated February 10, 2010, the Limited Liability Company Premier Consult was renamed the Limited Liability Company Premier Consulting Company from February 17, 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 transferring the property of a municipal enterprise into state ownership) or changing the jurisdiction/subordination of the organization (for example, in 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 the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”, as well as on the time of service 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 to improve her qualifications at the State Academy of Professional Retraining and Advanced Training for Managers and Investment Sector Specialists under the program “Effective Work of the Organization’s Legal Service.” 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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A work book is a document that reflects the entire work history of an employee. Despite long-standing talk about its cancellation, this has not yet happened.

No document, or even the information available in the Pension Fund about the period of work and deductions made during this time, can fully replace the entry contained in the work book.

How are work records regulated?

Regulatory acts speak about work books, the rules for maintaining and filling them out.

The main rules about this are contained in Article 66 of the Labor Code of the Russian Federation, part 4 of which states that the following information about the employee and his work is entered into this document:

• about the work he performs (hiring for a specific position (profession) in a specific department);
• about transfers to another permanent job within the organization;
• on the dismissal of an employee, indicating as a basis the clause and article of the Labor Code of the Russian Federation;
• about awards and incentives for success in work.

Information about disciplinary sanctions imposed on an employee is not entered into the work book, unless this penalty is dismissal (Part 1 of Article 192 of the Labor Code of the Russian Federation).

General rules for making entries in the work book

Entering information into work books is strictly regulated by the Rules and Instructions.

It must be entered in the appropriate section of the work book form, and its wording itself must comply with the law and the order (instruction) of the employer.

There are general rules for all sections of the work book:

• dates are written in Arabic numerals (day and month - two digits, year - four digits). So, if an employee was hired on November 21, 2016, the employment record says: “11/21/2016”;
• all entries must be made carefully, using pen or ink of the established colors (black, blue or purple);
• any abbreviations are unacceptable (for example, it is forbidden to write “pr.” instead of “order”, “dispatch.” instead of “instruction”, etc.);
• records must have a serial number (within their section);
• Crossing out inaccurate, incorrect or other invalid entries in the employment record is unacceptable, with the exception of the “Employee Information” section.

Title page of the work book

The first page of the work, or title page, contains information about the owner of the document. It is filled out only on the basis of the employee’s personal documents (passport, ID, diploma, certificate, etc.).

Filling out the title page incorrectly threatens the employee with big problems in the future (including going to court to establish the fact of ownership of the document), so extreme care must be taken here.

Issues of entries on the title page are addressed in paragraph 9 of the Rules and section 2 of the Instructions.

Filling out the “Job Information” section

Traditionally, this is the most used section, because this is where important information about work experience is entered.

The first entry in the work book is almost always the name of the employer. It is carried out in this way: in column 3 the heading indicates the full, as well as abbreviated (if any) name of the organization; no serial number is given (clause 3.1 of the Instructions).

To do this, in column three of the document, information about admission to a structural unit of the organization is indicated, indicating its specific name (if such a condition is included in the employment contract), the name of the position (job), specialty, profession and qualifications. Column four records the date and number of the order (instruction) under which the employee was employed.

In the same section, entries are made about permanent transfers of the employee within the organization, changes in the name of the employer, assigning a new rank (class, category) to the employee, a record of part-time work (at the request of the employee) and a record of dismissal at the end of the period of work with this employer.

Sample wording for entries in the work book

Guide to HR issues. Work book (Part 2)

3. The procedure for entering information about an employee into the work book

Information about the employee is entered into his work book in accordance with the Rules for maintaining and storing work books, as well as the Instructions for filling out work books.

Information about the employee is entered into his work book when drawing up a title page, which is filled out in the following cases:

Registration of a work book when concluding an employment contract for the first time;

Registration of a new work book, if an employee is hired who has lost it, or the book has been damaged, etc.;

Registration of a duplicate of the work book;

Making an insert in the work book.

According to clause 8 of the Rules for maintaining and storing work books, the registration of a work book for an employee hired for the first time is carried out in the presence of the employee no later than a week from the date of hiring.

Filling out and issuing a duplicate work book is carried out by the employer no later than 15 days from the date of the employee’s application, and the insert is drawn up as necessary, if there are no free sheets left in the appropriate section (“Information about work”, “Information about awards, incentives”) or on the internal There is no free space left on the side of the cover. For more information about this, see the “Duplicate work book” section of this material.

Information about the employee in the work book is entered without abbreviations on the basis of documents provided when concluding an employment contract (passport or other identification document), educational documents (diploma, certificate or student card, certificate if the level of education has not yet been completed).

Entries on the title page of the work book must be certified by the employee himself and the person responsible for maintaining work books. Signatures certify the authenticity of the information entered. Then the stamp of the organization or personnel service is affixed.

According to clause 1.1 of the Instructions for filling out work books, dates in all sections of the work book are entered in Arabic numerals. However, in connection with the established practice of document preparation, the date of filling out the work book is recorded in a mixed alphanumeric way, since in this column the place for putting the number is indicated by quotation marks and the year is abbreviated. Such a contradiction is not regulated by regulations, and the employer does not bear any risks when filling out this column using one of these methods.

3.1. The procedure for making changes to employee information in the work book

If necessary, information about the employee on the first page (title page) can be changed (for example, upon marriage, the last name may change). Clauses 2.3, 2.4 sections. 2 Instructions for filling out work books provide for the procedure for making changes on the first page of the work book.

Changes to the employee's full name and date of birth are made by crossing out the previous data with one line, and then entering new ones. Details of the documents on the basis of which changes were made are indicated on the inside cover of the work book and certified by the signature and seal of the employer (or the seal of the personnel service).

If there is no information on the first page of the work book about the education, profession, or specialty of the employee, this information is entered into the corresponding lines of the work book. Data on new education and (or) qualifications received by the employee are entered by supplementing the education records existing in the work book. In this case, the previously specified information about education is not crossed out (clause 2.4 of the Instructions for filling out work books).

Please note that if information about the employee was entered incorrectly when initially filling out the title page, the damaged form must be destroyed and the corresponding act must be drawn up (clause 42 of the Rules for maintaining and storing work books). The filling instructions do not provide for making corrections in this case. For more information about the destruction of damaged forms, see paragraph 6 of this material.

3.2. How to correct a mistake made in the “Education” line on the title page of the work book?

If, when filling out the work book form (the insert in it), the line “Education” is filled out incorrectly, then such a form is considered damaged and must be destroyed with the drawing up of the appropriate act (clause 42 of the Rules for maintaining and storing work books). The employer needs to issue a new form of the work book (insert in it) to replace the damaged one.

If an incorrect entry in the “Education” line is discovered later, corrections can be made to the title page of the employee’s work book. Since such a procedure is not established by law, we recommend following clause 2.3 of the Instructions for filling out work books:

On the title page of the work book, in the line “Education”, incorrect information is crossed out with one line and new data is entered next to it;

On the inside cover of the work book, details of the document on the basis of which the changes were made are indicated. Such a record is certified by the signature of the employer or the person responsible for maintaining work records and the seal of the organization (HR service).

4. The procedure for entering information about the employer into the work book

Information about the employer is entered into the work book in column 3 of the “Information about work” section as a heading (clause 3.1 of the Instructions for filling out work books). The person responsible for maintaining work records must indicate the full and, if available, abbreviated name of the organization.

An entry on the name of the employer is made with a pen or light-resistant ink in black, blue or purple, without abbreviations or strikethroughs (clause 1.1 of the Instructions for filling out work books).

In this case, the serial number of the record is not assigned.

Situation from practice. Does the employer have the right to indicate the name of the organization in the work book by affixing a stamp?

The use of a stamp when entering information about the name of the employer into the work book is not regulated by the Rules for maintaining and storing work books and the Instructions for filling out work books.

A direct indication of the use of a stamp by the employer is provided only in one case - when issuing an insert for a work book (clause 39 of the Rules for maintaining and storing work books).

However, clause 1.1 of the Instructions for filling out work books gives reason to believe that the employer has the right to enter information about the organization by affixing a stamp.

Firstly, the mentioned paragraph does not contain restrictions on the use of any other means of making entries in the work book, except for pens.

Secondly, the indication of the need to use light-resistant ink of black, blue or violet when filling out work books allows us to talk about the employer’s right to use them when entering information about the organization using not only a pen, but also a stamp filled with such ink.

Thus, entering information about the employer by affixing a stamp using ink will not contradict the Instructions for filling out work books, provided that the stamp in accordance with clause 3.1 of the said Instructions contains the full and abbreviated name of the organization.

4.1. The procedure for making changes to information about the employer in the work book

If the name of the employer has changed, then this fact must be reflected in the workers’ work books.

The procedure for making an entry about renaming is as follows (clause 3.2 of the Instructions for filling out work books):

The entry must be made on a separate line;

An entry indicating the date is made in column 3 of the “Work Information” section;

The basis for the renaming (order or other decision, date, number) is indicated in column 4 of the “Work Information” section.

Important! There is no need to number the entry on the renaming of the employer, since this is not provided for in the Instructions for filling out work books. Indicate the date of change in the text, not in column 2.

The organization (employer) can be reorganized (in the form of merger, accession, division, separation, transformation (Part 5 of Article 75 of the Labor Code of the Russian Federation)).

The instructions for filling out work books do not establish the procedure for making such an entry, but it should be made.

Such a record is needed to ensure that all the information in the work book corresponds to each other. Otherwise, there will be a discrepancy in the information about the employer specified when hiring and at the end of the records (on the seal imprint upon dismissal).

It seems that when making an entry about the reorganization, it is necessary to apply the rules of clause 3.2 of the Instructions for filling out work books.

If, after reorganization, an employee is transferred to another position, a corresponding record of the transfer is made.

5. The procedure for entering information about hiring into the work book

After entering information about the employer, a record of hiring is made in the work book. This entry is made on the basis of the corresponding order in the unified form N T-1 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1).

The procedure for entering information about work is defined in Section. 3 Instructions for filling out work books.

It should be noted that not all conditions and information specified in the employment order are entered into the employee’s work book, but only the structural unit (if the condition about it was included in the employment contract), the name of the position (specialty, profession, indicating qualifications) and details of the order (instruction) in accordance with which the employee was hired. Other conditions, including the probationary period, as well as the nature of the work are not indicated in the work book.

5.1. The procedure for entering information about part-time employment into the work book

Part 5 of Art. 66 of the Labor Code of the Russian Federation provides for the entry of information about part-time work. Such an entry may be made subject to the following conditions:

The entry is made only by the employer at the main place of work;

The employee must express a desire (orally or in writing);

An entry is made only on the basis of a document confirming part-time work (a duly certified copy of the order, certificate).

The instructions for filling out work books contain clear rules for making entries about part-time work in the employee’s work book (paragraph 7, clause 3.1, section 3 of the Instructions for filling out work books). The difference between the employment record at the main place of work and at a part-time job is the mandatory indication in column 3 of the work book that the employee was hired or appointed as a part-time worker. When hiring for your main place of work, you do not need to make a record of your main place of work.

Please note that the Instructions for filling out work books do not provide for entering the name of the employer in the record of part-time work. But due to the fact that the name of the organization is a mandatory detail when filling out a work book at the main place of work, it is advisable to reflect such a name when making an entry about part-time work.

An entry about part-time work may not appear in the work book in chronological order after the entry about employment at the main place of work. This is due to the fact that the employee could start working part-time earlier than an employment contract was concluded with him at his main place of work with this employer. For example, the previous employer at the main place of work did not make a record of part-time work, the employee quit and was hired by another employer, but all this time he worked part-time in another organization.

5.2. The procedure for entering information about employment on a rotational basis into the work book

Filling out the work book of an employee hired to perform work on a rotational basis has its own characteristics.

In accordance with clause 2.4 of the Basic Provisions on the rotation method of organizing work, approved by the Decree of the State Labor Committee of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the USSR Ministry of Health dated December 31, 1987 N 794/33-82, when performing work on a rotation basis, the employee’s work book indicates that the work is performed on a rotation basis method.

5.3. The procedure for entering information about employment under an employment contract on remote work into the work book

The Labor Code of the Russian Federation allows not to make an entry about remote work in the work book and not even to draw up a work book if a remote worker gets a job for the first time (Part 6 of Article 312.2 of the Labor Code of the Russian Federation). However, by virtue of this rule, this is permissible only if there is an appropriate agreement between the employee and the employer.

The form of the agreement on refusal to draw up a work book and/or fill it out is not established by law. Nevertheless, it is advisable to formalize it in writing, either by specifying it in the terms of the employment contract or by drawing up a separate document (for example, a statement written by the employee and endorsed by the employer). This will help subsequently avoid possible claims from the employee regarding the fact that the period of his remote work is not reflected in the work book, and will also protect the employer from being held liable for untimely execution of this document.

For example, in an employment contract, the corresponding condition may be formulated as follows: “The parties agreed not to make an entry about remote work in the employee’s work book.”

The employee’s application may contain the following text: “I, Olga Ivanovna Rybakova, applying to Sigma LLC to work remotely as a proofreader, please do not enter information about this in my work book.” The application must be marked with the visa of the head of the organization: “I agree.”

In this case, the main document confirming the employee’s length of service will be his copy of the employment contract (Part 2, 6, Article 312.2 of the Labor Code of the Russian Federation). Additional confirmation may be copies of orders for admission to remote work and dismissal, duly executed by the employer. This conclusion can be drawn from an analysis of the provisions of Part 5 of Art. 312.1, part 2 art. 312.5 Labor Code of the Russian Federation.

If there is no such agreement or subsequently there is a need to enter information about remote work into the work book, the employee must present it in person or send it by registered mail with notification (Part 7 of Article 312.2 of the Labor Code of the Russian Federation). For those who start work for the first time, the employer must issue a work record book (clause 8 of the Rules for maintaining and storing work records). In this case, it is filled out according to the general rules. For more information about this, see paragraph 2 of this material.

Making an entry in the work book about the remote nature of work is not provided for by the Instructions for filling out work books. Therefore, the employment record should be completed in the general manner (clause 3.1 of the Instructions for filling out work books). For more information about this, see paragraph 5 of this material.

The discovery by the inspection authorities of an entry in the work book that is not provided for in the Instructions for filling out the work book may result in the employer being brought to administrative liability under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, and if such a violation is committed repeatedly - under Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. In addition, the employer will be issued an order to eliminate the violation. For failure to comply, an administrative fine is provided in accordance with Part 23 of Art. 19.5 Code of Administrative Offenses of the Russian Federation.

6. The procedure for entering information about changes in the employee’s labor activity into the work book

6.1. The procedure for entering information about changes in the terms of the employment contract into the work book

Labor law norms do not provide for entering into the employee’s work book information about changes in the terms of the employment contract that occur during the course of work (for example, working hours, wages, etc.).

Changes must be made to the employee’s work book regarding his job function, structural unit, new category or other qualifications, as well as awards or incentives. For more information about this, see the section “Information entered in work books” of this material.

6.2. The procedure for making an entry in the work book about transfer to another position

Clause 4 of the Rules for maintaining and storing work books establishes that records of transfer to another permanent job are entered into the workers’ work books. The instructions for filling out work books do not provide an example of such an entry, but in paragraph. 4 clause 3.1 states that changes and additions made to qualification reference books and staffing tables are brought to the attention of employees, after which appropriate changes and additions are made to their work books on the basis of an order (instruction).

Due to the fact that changes in the staffing table may entail a change in the terms of the employment contract in relation to the position, it is necessary to conclude an additional agreement on transfer to another job (Article 72 of the Labor Code of the Russian Federation). Then an order is issued in the unified form N T-5 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1) and on the basis of it a corresponding entry is made in the employee’s work book.

6.3. The procedure for making an entry in the work book about a transfer to another structural unit

Part 1 of Art. 72.1 of the Labor Code of the Russian Federation, transfer is defined as a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract).

If the employment contract did not include a clause on a structural unit, then when the staffing table of the organization (enterprise) in terms of departments is changed, no entry is made in the work book.

When including a clause on a structural unit in an employment contract, any changes must be formalized properly, i.e. it is necessary to conclude an additional agreement (Article 72 of the Labor Code of the Russian Federation).

Please note that if an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another location, indication of the separate structural unit and its location is mandatory for inclusion in the employment contract. Therefore, when transferring an employee of a branch (representative office), making such an entry in his work book is mandatory.

Clause 4 of the Rules for maintaining and storing work books provides for making entries in the work books of employees only about permanent transfers. In the case of a temporary transfer of an employee, no entry about this is made in the work book. If the condition on the temporary nature of the transfer is no longer valid and the transfer becomes permanent, then an entry about the permanent transfer is made in the work book, and the date of transfer indicated in column 2 will be the start date of the temporary transfer.

A practical situation. How to make an entry in the work book if the temporary transfer has become permanent?

In accordance with the Labor Code of the Russian Federation and clause 10 of the Rules for maintaining and storing work books, the employer is obliged to make an entry in the employee’s work book about the transfer to another permanent job no later than a week.

However, the procedure for making such an entry when transforming a temporary transfer into a permanent one is not defined.

There is no consensus on this issue in law enforcement practice, and there are several approaches to solving it.

According to one point of view, after making a decision that the temporary transfer has become permanent, it is necessary to make an entry as follows: in column 1 the following serial number is entered, in column 2 the start date of the temporary transfer is indicated, in column 3 - “Transferred to the department ... for a position...", column 4 indicates the details of the order (instruction). It seems that this method of making an entry is most consistent with the Labor Code of the Russian Federation and the Rules. In this case, the employer enters the necessary information on the basis of the order in a unified form in strict accordance with its text and correctly reflects the actual start date of the transfer. This is especially important when working in hazardous working conditions or in jobs associated with preferential calculation of length of service.

In accordance with another position, it is necessary to conclude an additional agreement to the employment contract stating that the condition of the temporary transfer has lost force and the transfer has become permanent. Based on this agreement, an order must be issued to transfer the employee to another permanent job and an entry must be made in the work book. It is proposed to make an entry in this way: in column 1 the following serial number is indicated, in column 2 the start date of the permanent transfer is indicated, in column 3 - “Transferred to the department... to the position...”, in column 4 the details of the order (instruction) are indicated. about transfer to another permanent job. When applying this approach, doubt arises from the need to issue an order to transfer the employee to another permanent job, when in fact there has already been an order to transfer (temporary). Then there is uncertainty about the start date of the transfer. The example entry indicates that the date of the permanent transfer must be entered. This meets the requirements of the Rules, but under such conditions, the employee’s work book will incorrectly reflect the length of service in a certain position: it will be less than the period of actual work.

There is also a third opinion: the employer is recommended to enter into an additional agreement with the employment contract stating that the condition on the temporary transfer has lost force and the transfer is considered permanent. Based on the agreement, issue an order in free form and indicate in it that the condition on the temporary nature of the transfer has lost force. This order will be the basis for making an entry about the transfer in the employee’s work book. The entry is made as follows: in column 1 the following serial number is entered, in column 2 the start date of the permanent transfer is indicated, in column 3 - “Transferred to the department... to the position... from... (indicate the start date of the temporary transfer)" , in column 4 the details of two orders are indicated: on a temporary transfer and the one in accordance with which the condition of a temporary nature has lost force. In this case, it turns out that the entry in the work book does not correspond to the text of the order, and according to clause 10 of the Rules, all entries are entered in the work book in strict accordance with the text of the employer’s order.

6.4. The procedure for making an entry in the work book about renaming a position

The name of the employee's position refers to the mandatory conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation). In this case, the position must be provided for in the organization’s staffing table.

Renaming a position is possible only when the employee performing certain duties does not change his job functions. It is important to take into account that renaming a position is allowed only by agreement of the parties to the employment contract and is documented in writing (Article 72 of the Labor Code of the Russian Federation). The renaming of the position must also be reflected in the staffing table.

The procedure for making a record of renaming a position is not defined. According to para. 4 clause 3.1 Instructions for filling out work books, changes and additions made in the prescribed manner to qualification directories and the organization’s staffing table are brought to the attention of employees. After this, appropriate changes and additions are made to their work books on the basis of an order (instruction) or other decision of the employer. Therefore, the employer must enter information about the renaming of the position in the employee’s work book.

In addition, information about the renaming of the position is also entered into the personal card (unified form N T-2) and is brought to the attention of the employee against signature. The entry in the employee’s personal card repeats the entry made in his work book (clause 12 of the Rules for maintaining and storing work books).

6.5. The procedure for making an entry in the work book about the assignment of a new category

Clause 3.1 of the Instructions for filling out work books provides for the entry into work books of information relating to the establishment of ranks, classes, categories, etc. The entry on the assignment of a rank (class, etc.) is made on the basis of an order (instruction) of the employer and must exactly correspond to the text of the document (clause 10 of the Rules for maintaining and storing work books, clause 3.1 Instructions for filling out work books).

6.6. The procedure for making an entry in the work book about establishing another qualification

If a second and subsequent profession, specialty or other qualification is established for an employee, the employer is obliged to make an entry about this in the work book (clause 10 of the Rules for maintaining and storing work books, clause 3.1 of the Instructions for filling out work books).

If a different qualification is established with the assignment of a rank (class), then an entry is made in the work book indicating this.

According to clause 2.4 of the Instructions for filling out work books, when a worker is assigned a different profession, entries are made on the title page of his work book by adding to the existing ones (without crossing out). For more information about this, see paragraph 3.1 of this material.

6.7. The procedure for making an entry in the work book about combining professions

The rules for maintaining and storing work books and the Instructions for filling out work books do not provide for making an entry in the work book about combining professions (additional work in another profession (position)).

6.8. The procedure for making an entry in the work book about expanding service areas or increasing the scope of work

Making an entry in the work book of employees about expanding service areas or increasing the volume of work in connection with the appearance of additional work in the same profession (position) is not provided for by the Rules for maintaining and storing work books and the Instructions for filling out work books.

6.9. The procedure for making an entry in the work book about the performance of duties of a temporarily absent employee

The performance of the duties of a temporarily absent employee without release from work specified in the employment contract can be formalized in an additional agreement and the subsequent issuance of an order, but an entry about this is not made in the work book, since it is not provided for by the Rules for maintaining and storing work books and the Instructions for filling work books.

Please note that when concluding a fixed-term employment contract for the duration of the duties of an absent employee, a record of hiring must be made in the employee’s work book. It is carried out in accordance with the Rules for maintaining and storing work books and the Instructions for filling out work books without indicating the fixed-term nature of the employment contract (letter of Rostrud dated 04/06/2010 N 937-6-1). For more information about this, see paragraph 5 of this material.

7. The procedure for entering information about awards into the work book

Information about awards (promotions) is entered into the work book in accordance with Part 4 of Art. 66 of the Labor Code of the Russian Federation, clause 10 of the Rules for maintaining and storing work books and sect. 4 Instructions for filling out work books.

Information about awards (incentives) includes information (clause 24 of the Rules for maintaining and storing work books):

On awarding state awards;

Awarding state honorary titles;

Awarding certificates of honor;

Assignment of titles;

Awarding with badges, badges, diplomas, certificates of honor;

Other types of incentives.

An entry about the award is made in the employee’s work book on the basis of the relevant document (decree, order (instruction) of the employer, etc.). Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1 approved forms N T-11 and N T-11a on encouraging an employee or a team of workers.

Please note that employees’ work books do not contain information about bonuses provided for by the remuneration system or paid on a regular basis (clause 25 of the Rules for maintaining and storing work books).

Work books of the previously approved sample (1973) have two sections “Information on awards” and “Information on incentives”.

See also:

Expert consultation: Are entries made in the work book about incentives applied by the employer, or only entries about rewards for success at work?

8. Entering information about penalties into the work book

Information about disciplinary sanctions is not entered into employees’ work books.

The only exception is disciplinary action in the form of dismissal. This conclusion follows from the contents of Part 4 of Art. 66 of the Labor Code of the Russian Federation and clause 5 of the Rules for maintaining and storing work books. For more information about this, see paragraph 9 of this material.

Regulatory requirements and concepts have been developed that every employer must rely on. The Labor Code has legal force provided that the specified requirements are met. The main resolutions are defined in Ch. 10 and 11 of the Labor Code of the Russian Federation, and Art. 66 defines the basics of labor.

Important are the Rules and Instructions, which define the requirements for maintaining and storing books, as well as the literal standards for filling out and making entries in them.

Sample of filling out a work book for employment:

If a young specialist gets a job after studying at a university or after graduating from a college or technical school, registration is carried out upon presentation of a diploma in the same way.

To directly include job details, you need to build the following legal chain:

1. The person seeking employment writes an application to the employer, which he signs.
2. An order is drawn up based on the signed application.
3. Based on the order, an entry is made into the labor record.

The indicated information is alternately entered into four columns, each of which constitutes an independent group of data. The information entered should not differ in any way during the initial hire and for persons who previously worked. The primacy of the entry is determined only by the serial number of the information entered.

Filling out a work book when applying for a job - sample:

When hiring, the name of the organization is entered before making an appointment; no stamp is placed. The absence of a stamp on the admission information is dictated by reliance on the provisions of the Instructions (No. 69), indicated in paragraph 3.1.

1. In the first column, enter the serial number of the entry. Carefully check that he continues the numbering, starting from the previous entry.
2. In the second, enter the date.
3. The third column contains the main base record. Here, enter information about where (in which division of the enterprise) the arrival is registered, with the name of the position. The entry is made concisely and clearly, using the wording adopted in the Instructions (clause 3.1). The position must strictly coincide with the official name.
4. In the last, fourth column, enter the name of the document “order” and its outgoing data: number and date of issue. With this order, the person was employed in the position postulated by the entry.

Read what to do if your organization is renamed.

Keep in mind that The date of hire must be entered, that is, indicate the day on which the employee will begin his duties on the basis of the order. Do not confuse it with the day the entry was made in the book.


The date of entry into the book will be indicated on the title page if the employment record is started for the first time, but in the information about the work - only the day of release (Appendix 3 of the Rules).

The hiring date indicated in the second column of the employment record always coincides with the information in this regard:

• in the order,
• in the employment contract.

The slightest discrepancy in this regard can become a problem for both the owner of the work document and the person who made the mistake. However, any mistake made must be corrected immediately. At the same time, do not cross out an erroneous entry or correct the date in any other way; this is a serious offense. Proceed as follows:

1. Enter the next serial number.
2. Indicate that the entry under the corresponding number is invalid and here, under the same number, enter the correct information.

For example:

• “Record number 45 is invalid
• Accepted for the position of 3rd category cook from 11/11/2011.”
• Enter the order for the correct entry.

Pay attention to the most important nuances:

1. The name of the organization is entered before entering the serial number and date, that is, the entry ends with a line higher than the basic information is entered.
2. In numbering, a “0” is not placed before the current number of the serial number.
3. All information and wording must coincide with the data from the order by which the person is hired. But in labor they have a more concise presentation (clause 10 of the Rules).
4. When making an entry in a book, punctuation marks are not used: periods and commas.
5. Information not provided for in the Instructions is not included in the TC.
6. When recording, only Arabic numerals are used.

Shift work

When working in shifts or on a rotational basis, as well as in other cases, the employee’s first working day may occur on the day off of the person authorized to register the work. This point shouldn't bother you. In accordance with the regulations, making an entry in the labor record can come true within a week, but not later.

So in this case, do not rush to make an entry in advance; it is better to formalize everything in a calm atmosphere after the day off, and at this time the employee will establish himself in the workplace.

According to the situation, an employee who has worked for less than 5 days is not required to make an entry in the employment record.

If your new employee, after making an entry and registering for work, still does not show up to the workplace, both the contract and the entered information can be cancelled. In order for an annulment to have the status of a legal precedent, You need to collect documents confirming this fact, which can be:

• certificate of absence from work;
• memorandum from the head of the department.

Cancel hiring can be done by a separate order, within 5 working days from the date of hiring the unscrupulous worker. In this case:

1. A new serial number is placed in the first column, for example 7.
2. The second column contains the date that corresponds to the date in the order to cancel the employment contract. It coincides with the first planned but never completed release day.
3. In the next column you write: “entry number 6 is considered invalid due to the cancellation of the employment contract.”
4. In the last column, enter the outgoing data of the order that canceled the employment contract.

What is the deadline for making an entry in the work book about hiring? In accordance with clause 10 of the Rules, information about work is entered into the Labor Code no later than 7 days from the date of hiring. In this case, the date on the title page of the book may be later than in the information about the work. This is normal, don’t let this disagreement bother you. If a person is employed for the first time, then, based on clause 8 of the Rules, enter the information in his presence.

The entry made into the Labor Code has some features, if admission is carried out in the order of transfer. When hiring, the data you entered must be preceded by an accurate record of dismissal with a link to the transfer to your organization.

These entries are made on the basis of applications that are registered by employers, one of which dismisses the employee, and the other accepts him.

Based on the applications, orders are drawn up, which include the facts of dismissal and hiring in the order of transfer. Based on them, the following entry is made:

1. Your company name.
2. The serial number of the record following the previous one.
3. The date of hiring, which coincides with the date of dismissal from the previous place of work with a difference of 1 day, except in cases of weekends, which can determine the difference of 2-3 days.
4. Information about hiring, indicating that the hiring is carried out in the order of transfer from an organization (enterprise), the name of which must be entered in full. The position, rank and other necessary data are also indicated here.
5. Link to the order hiring in the order of transfer.

Keep in mind that under no circumstances should you enter an employment record if there is no record of dismissal. If the organization in which the subject worked collapsed without making the appropriate entries, he has the opportunity to restore the legal content of the Labor Code by carrying out procedures for recognizing the right to make an entry, but this is not within the competence of the employer.

Conclusion

Drawing up a technical documentation is a responsible job that relies on a variety of nuances. The employer and the authorized person are obliged to know them sufficiently so as not to ruin the employee’s work career, and not to get into a cycle of litigation.

Mistakes made must be avoided by all available means. And if they occur, it is necessary to correct them in all permitted ways, without leaving behind unresolved situations.

Keep in mind that the entry in the Labor Code will be accompanied by your signature, which will not relieve you of responsibility throughout the employee’s entire career.