Regulatory framework for making an entry in the Labor Code
Like all entries made as information about ongoing processes related to a person’s professional activities, an entry in the Labor Code is based on a nomenclature base of legal content.
The corresponding article 84.1 of the Labor Code of the Russian Federation determines the need to enter data reflecting the general picture of the employee’s migration. It refers to another regulatory source, which determines the reason for the cancellation of an employment contract in the context of clause 3, part 1, article 77 of the Labor Code of the Russian Federation.
Reliability will also be based on the instructions for filling out the Labor Code dated October 10, 2003 No. 69. It was developed and approved by the Ministry of Labor of the Russian Federation. In this model, an entry is made based on clause 3 of Article 77 of the Labor Code of the Russian Federation.
The legal framework cannot be ignored. All of these sources determine the legality of the employer’s actions , confirming his adherence to the letter of the law.
The slightest inattention when entering data can cause huge problems for both parties. To avoid them, you need to carefully prepare for the procedure of working with TC.
Samples of unified forms
- Receipt and expense book for accounting of work book forms and inserts in it
- Book of movement of work books and inserts in them
Source: Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69 “On approval of instructions for filling out work books” (as amended by Order of the Ministry of Labor dated October 31, 2021 N 588n)
Information on document execution is presented on the basis of the legislation and regulations of the Russian Federation in force in 2017
Basic Rules
There is a whole set of rules and they have to be followed when working with such specific documentation material as technical documentation. The problem is that the information data reflected here will serve as confirmation of the accumulated work experience. Unfortunately, mistakes made by illiterate personnel officers are not uncommon nowadays.
The slightest omission on your part will deprive your former employee of the opportunity to confirm the period spent in your production as work experience. The legal consequences will not be long in coming in the form of legal proceedings and the fair desire of the former employee to get even with the negligent personnel employee.
If you are a personnel employee or the head of a small organization who makes entries in the Labor Code with your own hand, keep in mind that compliance with the dismissal rules is a guarantee of your peace of mind. Such rules include segments of actions that, as a whole, add up to a single line of leading the person who wishes to resign into a new field of activity.
The dismissal rules determine the procedure algorithm in the following order:
- Manifestation of activity on the part of an employee leaving production (organization) in the form of a submitted application.
- His signature by the head of the organization (enterprise).
- On its basis, the issuance of an order with corresponding registration in the book of orders.
- Familiarization with it of the resigning person against signature.
- Based on the order you issued, write it down in the TC.
- Check the identity of the entry in the Labor Code with the wording in the order.
Being the last link in the chain, an entry in the Labor Code is based on preliminary actions, without which it will not be valid. How long does it take for an employer to issue a work book? Read here. The issuance of a work permit is confirmed by an entry in the work record book.
Results
The fact of dismissal of an employee registered at the enterprise (or individual entrepreneur) is displayed as an entry in the work book. The entry is usually made by a personnel employee, certified by the signature of the employee responsible for maintaining the books (usually the manager), the seal of the company (if any) and the signature of the person being dismissed (clause 35 of Resolution No. 225).
Read about the rules for maintaining personnel records in our article “The procedure for maintaining personnel records in an enterprise .
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Step-by-step instruction
If you have completed all the preliminary steps:
- the application has been submitted,
- signed,
- the order was issued
- registered,
- You can begin the procedure for properly completing the entry.
Take the order and focus on its wording, as well as the date of dismissal, in order to avoid mistakes.
Open the document (TC) in the place where the last entry was made. After it, an entry must be made by you, in accordance with the order that was drawn up and approved.
On the open page you will see 4 columns:
- The number of the entry made in order.
- Dates of hiring (dismissal).
- Information about the work, which includes all the movements of the owner of the document, taking into account the grounds for dismissal, articles of the Labor Code.
- Order on hiring (dismissal).
Take the time to check that the employment record has been made in advance so that an awkward situation does not occur. Enter the next entry number. This will be an entry that you will make directly. Accordingly, it will go with the next number, it is one more than the previous one.
In the next column you must indicate the date. It must correspond to the day from which the dismissed subject ceases to perform his duties. In this case, the designated date must correspond to:
- date on the application
- date in the order.
What stamp is put in the work book upon dismissal - read here.
The third column is the main one; in it you need to write information about the cancellation of industrial relations on the basis of legitimate articles from the Labor Code of the Russian Federation. There are two options, which are recommended by different sources of labor law. Literally they are written as follows:
- Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
- The employment contract was terminated at the initiative of the employee, clause 3, part 1, article 77 of the Labor Code of the Russian Federation.
Lawyers in the field of labor law tend to believe that the link given to the first part of the article is required. But personnel officers with extensive experience prefer to use the traditional formulation, which, in their opinion, accurately reflects the circumstances of the case.
In the last fourth column you must enter the reasons for dismissal. That is, provide a link to the order containing information:
- name of the document (order);
- date (from what date);
- number (by serial number).
Upon completion of the procedure, you must put your own signature, indicating:
- positions,
- surnames and initials.
The work can be considered completed.
When handing over the Labor Code to the person who has resigned, invite him to put his own signature under yours. This will mean that he had no complaints about the entry made by the personnel officer, secretary or manager.
Now you know what the entry should be. See the example more clearly:
Sample entry in the work book about voluntary dismissal.
Dismissal by agreement of the parties is documented in the work book in a similar way.
Entering information about part-time work
Sometimes it happens that an employee performs certain duties, combining them with his main job. Information about such a labor initiative is recorded only at the request of the employee. If he has a desire and he asked to make a note in the book, then the procedure for entering data will be similar to that described earlier, only the name of the organization does not need to be written a second time.
Entry in the work book about dismissal due to retirement
In general, the provisions of labor legislation do not include any special conditions for dismissal upon reaching retirement age. However, it is not reprehensible to enter information that a person has retired.
In general, the procedure is the same for everyone. Only a few nuances have been identified . For example, when the retirement date arrives, the employer does not have the right to demand a two-week period of work. Cancellation of employment conditions occurs from the moment at the request of the applicant.
If your employee retires, you do not have the right to fire him for special reasons other than his own desire in this regard. The legal basis will be the same as a normal contract termination. But the wording may indicate the reason: “retirement.”
If the retiring applicant evades the work stipulated for other categories of persons , an indication of retirement must be mandatory. It reflects the legal conditions for the absence of a working period.
Literally, the wording that needs to be filled out will be similar: “The employment contract was terminated at the initiative of the employee in connection with retirement, clause 3, part 1, article 77 of the Labor Code of the Russian Federation.”
This wording is acceptable:
- When a person is released from office, on the day of retirement.
- Provided that his work at the enterprise is completed simultaneously with the date of reaching retirement age.
In other cases, if a working pensioner resigns, the reference “due to retirement” is unacceptable.
Transfer to another department or change of position
It happens that an employee is transferred for further work to another department or changes position. Naturally, such changes in his career path must be recorded in the labor report.
- Record number. A new milestone in labor is marked, of course, with a new number.
- Date of. The date of the official translation is written in Arabic numerals.
- A record of transfer or taking up a new position. In the third column, write the name of the unit to which the owner of the work was transferred and his new position.
- Basis of translation. The last column of the table records the transfer order data.
Who issues
Work books can be obtained in two ways:
- Issued by the employer upon employment in the organization. When registering a new employee who does not have official work experience, the organization’s personnel service can independently issue him a new document. The cost of the work book form is deducted from the employee’s first salary.
- Issued by the educational institution upon receipt of a diploma. Some educational institutions of secondary and higher vocational education issue work books to their graduates as a diploma supplement. The presence of the form does not make it easier for young professionals to find a job, but it allows them to come to the organization with a full package of necessary documents.
You can obtain the document yourself by purchasing it at any office supply store or newsstand. In this case, the organization's human resources department will not deduct the cost of the form from the new employee's first salary.
