Instructions: draw up an order appointing someone responsible for work records

When starting a job, each person hands over his work book along with the insert to the employer. As a result, the management of the enterprise has a need to organize the maintenance, storage and accounting of these documents. In order to assign this function to one of the employees, an order is drawn up appointing a person responsible for maintaining work records.

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How to write an order correctly

There is no unified form; the document is drawn up in any form.

Step 1. Complete it on the organization’s letterhead. If it is missing, please indicate the basic details at the top: name, location, registration codes.

Step 2. Enter the date, serial number and place of registration. Write the name - “Order”. On the next line is the reason-content “On the appointment of a person responsible for maintaining, storing, recording and issuing work books.”

Step 3. In the introductory part, make a link to the legal act regulating the content - clause 45 of the rules for maintaining the Labor Code (RF Government Decree No. 225 as amended on March 25, 2013).

Step 4. After the word “I order,” list the manager’s orders:

• appointment of an authorized employee - indicate the position, the basis for the introduction of authority (for example, a link to a clause in the employment contract or job description);
• appointment of an employee during the absence of the responsible person - indicate the position and conditions of performance (for example, the form and amount of monetary compensation);
• write who monitors execution.

Step 5. Enter space for the manager's signature.

Step 6. List the employees who are mentioned in the text - they will sign after reading the content.

What to pay attention to:

• in the content, if necessary, include those responsible for the entire organization as a whole and for individual structural units;
• Do not write down the operating rules or a detailed list of the duties of the authorized person. They are in the employment contract, job description or other local regulatory act (for example, in the regulation on the maintenance and storage of technical documentation).

This is what a sample order for maintaining work records and appointing a person in charge looks like:

State budgetary educational institution for additional education of children

specialized children's and youth sports school of Olympic reserve "Allur"

ORDER No. 45-LS

On the appointment of persons responsible for maintaining, storing, recording and issuing technical documentation

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

In pursuance of paragraph 45 of the Rules for maintaining and storing work books, producing forms and providing them to employers, approved by Government Decree No. 225 of April 16, 2003,

1. Appoint HR specialist V.V. Voloshin, and in her absence HR Manager S.S. Smirnov responsible for maintaining, storing, recording and issuing work books of employees.
2. Control over the execution of the order is entrusted to the head of the personnel department A.A. Alexandrov.

Director: Ivanov I.I.S.

The order has been reviewed by: Aleksandrova A.A.

And here is a sample order on the transition to electronic books and submission of information about work activities in electronic form. The main content is that a responsible person is appointed and new functions of the employee are determined in connection with the implementation of Federal Law-439 of December 16, 2019:

On the transition to electronic information on the labor activities of employees and the appointment of responsible persons for the period until December 31, 2021

1. Appoint the head of the HR department to A.A. Aleksandrova. responsible for:

• preparation of information on the activities of employees in the SZV-TD form and submission to the Pension Fund of Russia;
• preparation of information about activities in the SZI-TD form and issuing them to employees.

2. Appoint a HR specialist V.V. Voloshin responsible for:

• notification to employees of the organization about innovations in relation to electronic work books and about the possibility of choosing an option for maintaining them until 06/30/2020 (inclusive);
• collecting applications from employees to refuse or to continue maintaining a work record book on paper until December 31, 2020 (inclusive).

3. I reserve control over the execution of the order.

Responsible: necessity and order of appointment

To maintain, store, record and issue labor records in any organization, a special official must be appointed (clause 45 of the rules, approved by government decree No. 225 of April 16, 2003). This is not always a separate specialist; sometimes additional responsibilities are assigned to an employee by order. Requirements and responsibilities for the absence of a special order are given in the table.

IMPORTANT!

A separate authorized person is approved by the head (paragraph 2, clause 45 of government decree No. 225 as amended on March 25, 2013). The order on those responsible for maintaining work records is a mandatory document.

How and how much to store

The order on the appointment of the person(s) responsible for working with the technical complex refers to orders for the main activity. Such documents are stored not in the personnel service, but by office workers. Then - in the archive of the organization. Shelf life - 75 years (Article 19 of the list, approved by order of the Ministry of Culture No. 558 of August 25, 2010).

Document type: Order

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Document file size: 2.1 kb

Who writes the order

All orders issued in an organization are always written on behalf of the director, but the direct responsibility for drawing them up is usually assigned to the secretary, legal adviser or other employee close to the director who has an understanding of how to create this type of administrative papers.

However, in any case, regardless of who exactly is involved in drawing up the order, in order for the document to become legitimate (i.e. legal), one important condition must be met: submit the form to the director for signature.

Document form

Limited Liability Company "Luch" (LLC "Luch")

In accordance with the requirements of clause 45 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”, and the introduction of the position of HR specialist in the staffing table

1. Appoint HR specialist P.P. Petrov as responsible for maintaining, storing, recording and issuing work books.

2. In the absence of Petrova P.P. The person responsible for maintaining, storing, recording and issuing work books is appointed by order of the director.

3. I reserve control over the execution of the order.

• Order: samples (Full list of documents)
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• Order on the appointment of a customs officer to a new position while maintaining the salary for the previously held position and on the recalculation of the monthly salary bonus for the current position
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• Order on the appointment, amount and timing of payment of unemployment benefits
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• Order on the appointment of a person responsible for handling work books of enterprise employees
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• What an employer needs to do
• Transition to ETC: how to act correctly
• Order on the person responsible for maintaining ETC - sample
• Let's sum it up

The mandatory transition to electronic work books from 2021 was introduced by Law of December 16, 2019 No. 439-FZ “On Amendments to the Labor Code of the Russian Federation...”. The procedure is gradual, it will take the entire year 2021, and it consists of several mandatory actions on the part of each employer.

On refusal to receive technical documentation

On the day of dismissal, the employee is returned his Labor Code. The fact of transfer is recorded either by the recipient’s signature in the appropriate journal, or by the act of issuing the work book to the employee, but if for some reason he refuses to pick it up, then another document is drawn up, the task of which is to record the refusal. It is signed by an HR employee and two witnesses to the refusal. It indicates the employee’s full name, his position, the reason for dismissal and the fact that he was asked to receive a book from the personnel department of the enterprise. It is advisable to indicate the reasons for refusal to receive and the date of preparation: this is of great importance in the event of labor disputes.

If a citizen not only refuses to pick up the papers, but also does not show up at the enterprise on the day of dismissal, the employer is obliged to follow the procedure establishing how to formalize the transfer of the work book to the employee in such a situation. The employer sends the former employee a letter in which he invites him to come to the office for the document or give a written response agreeing to send the document by mail. In case of refusal, he has the right to draw up a document confirming refusal to receive a technical certificate.

What an employer needs to do

All innovations regarding the transition to personal electronic recording of labor activity and length of service of working citizens must be formalized in accordance with the norms of labor legislation.

In this regard, employers in 2021 must:

• By June 30, 2020, notify each employee in writing of the need to decide whether to continue recording their activities in paper form or switch to electronic ones.
• Until December 31, 2020, receive personal statements from employees addressed to the employer about the decision made and make an appropriate entry in the information for the Pension Fund.
• Prepare and submit personalized reports to the Pension Fund of the Russian Federation in the SZV-TD form (Article 66.1 of the Labor Code of the Russian Federation) before the 15th day of the month following the month in which personnel changes occurred.

• If an employee decides to keep a paper work record book, then records should be kept in two versions: electronic and paper.
• If the choice is made in favor of the ETC, you need to make a note in a paper book about receipt of the employee’s corresponding application and hand over the book.
• Make changes related to the introduction of digital personnel records to local regulations and job descriptions.

Transition to electronic accounting

Since 2021, electronic TCs have come into active use, for now voluntarily. Employers send notices to employees about the possibility of such a transition. Those who are ready for it are given paper work books, and all subsequent records of the citizen’s activities are kept in electronic form. It is important to remember that issued paper documents do not lose their validity - they continue to testify to the experience that was previously available, before the introduction of electronic records.

Upon issuance of the Labor Code to the employee, the employer draws up a document.

Subsequently, if necessary, employees of the HR department draw up a report on the absence of a work book in the HR department - this protocol will document that the Labor Code has been handed over to the employee.

Let's sum it up

• To carry out actions for the transition to electronic work books, it is necessary to appoint responsible persons.
• The order to appoint persons responsible does not have an approved form and can be drawn up in a free format.
• An order should be issued and the main executors should be identified as early as possible to ensure the implementation of all necessary measures for the transition to the ETC.

The law establishes that while an employee is employed under an employment contract, his work record must be kept at the enterprise that is his employer. Since this form is considered BSO, it is necessary to properly organize the accounting of the receipt of books, their storage, and issuance.

For this purpose, the management of the subject must issue an order appointing someone responsible for maintaining work records.

Order on the person responsible for maintaining ETC - sample

A unified form of order for the appointment of persons responsible for electronic books has not been approved. It can be drawn up in free form, indicating the employer’s details on a regular sheet of paper or letterhead.

Example of an order on responsible persons:

Sample order on the person responsible for electronic work books

Why is this order issued?

All labor entering the enterprise and working people must be stored in a place specially equipped for this purpose. For damage or loss of this form, the company, as well as its manager, bear appropriate responsibility. After all, these documents reflect all the necessary information to establish a pension for the employee in the future.

Therefore, the director of the organization will create all the conditions for proper work with labor at the enterprise. And since he has many other important matters besides this, the manager selects an official who, on the basis of the issued order, is charged with keeping records of labor forms.

In this case, responsibility remains with the manager, and the selected person is responsible for accounting for labor only within a specific business entity. He will be the one who will accept the employees’ work records, keep their records correctly, make entries corresponding to the supporting documents, and issue them to the company’s employees upon dismissal.

Why do you need an order?

By law, work books belong to strict reporting forms. This is due to the fact that they contain information that subsequently directly affects the level of pension of a particular employee, so work with them must be carried out in a certain order. This is especially true for large organizations, where there are a large number of hired personnel, and therefore a large flow of personnel documentation.

The head of the enterprise personally appoints an employee who is responsible for the safety of work records. This is usually an employee or head of the HR department.

The responsibilities of this specialist include not only receiving and issuing labor documents and inserts for them, but also filling them out, taking care of their contents and accounting.

In the event of loss or damage to the work document, the responsible employee will have to restore the document (or compensate for the costs of this procedure).

Is it possible to do without someone responsible?

The manager, in accordance with the law, must appoint someone responsible for the conduct of labor or take this responsibility upon himself. Such requirements are specified in the Rules for maintaining work books.

Thus, the need to establish the responsible person is enshrined in law.

If it is still not assigned, then in accordance with the Code of Administrative Offenses a fine will be imposed, the amount of which will reach 50 thousand rubles. Moreover, this punishment is imposed not on the official, but directly on the organization.

How to get a work book, who pays for it

The main regulatory act regulating the timing and scheme for issuing a labor register to a person who gets a job for the first time is Government Decree No. 225 of March 25, 2003. Paragraph 8 directly states that the opening of an employment document for an employee is the responsibility of the employer. Moreover, there is a certain period for this procedure - no more than five working days. The employer does not have the right to send the employee anywhere to get a work permit - it is he who must ensure its availability. To do this, both large and small enterprises purchase labor forms from Goznak in advance and maintain a register of these documents, reporting monthly on their use. This is reflected in the Labor Record Book.

There is no charge for issuing the book, but the employee must pay for the form itself; it is his property (see paragraph 47 of the said resolution). The only exceptions here are cases when the document is damaged or lost due to the fault of the employer. The cost of a work book form (as well as an insert for it) varies from 180 to 250 rubles, depending on the region. In Moscow and St. Petersburg it can reach up to 400 ₽.

A competent personnel officer will never offer a person to deduct the cost of the form from the first salary; this is illegal. You need to take money for the book immediately upon registration, and preferably through the receipt in cash. It is even permissible to lend money to a person if he does not have the funds for this at the moment.

How to get a work book for the first time

There are only 3 ways to purchase (receive) a work book:

1. The first employer (this may be a legal entity or an individual entrepreneur, but not an individual).
2. Independently in branches of Rospechat, in bookstores, stationery stores or at the post office (but this is a person’s right, not an obligation).
3. Some universities are now conducting a kind of PR campaign when they issue blank forms to their graduates along with their diploma. But this does not oblige you to anything.

In any case, it is prohibited to fill out the title sheet yourself; this can only be done by the first employer. Otherwise, the labor register will be declared invalid.

Documents for registration

When applying for a job and filling out the labor register, you need the following package of documents:

• passport of a citizen of the Russian Federation (substituting document);
• a document certifying information about education (diploma, certificate, etc.), a certificate of acquisition of special knowledge and skills, if required by the specifics of the job;
• for citizens liable for military service - military ID;
• pension insurance certificate - SNILS (if it has not yet been received, it is issued by the employer);
• certificates of additional training or diplomas from advanced training courses (if any, submitted at the request of the new employee);
• when hiring for certain positions - a certificate of no criminal record or a document stating that the person has not been prosecuted for the use of narcotic and psychotropic substances.

Based on the first two documents, the labor title card is filled out; the rest will be needed to enter personal information into the employee’s personal card.

A personnel employee does not have the right to enter any data into the labor register without familiarizing himself with the documents that confirm them. Filling out the form according to the employee is prohibited by labor law. The same applies to corrections.

The basis for making any entry in the book can only be the original documents of the employee. This is due to the fact that the information on the title page must be 100% correct, without grammatical errors. After all, an error in even one letter of the full name can lead to the cancellation of the entire document.

Examples of applications for obtaining a labor register - new and duplicate

There are several life situations when a worker has to write an application for a work book:

1. The first place of work - in this version, the legislative basis for its issuance is paragraph 4 of Article 65 of the Labor Code of the Russian Federation.
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   By applying for a work book, the employee confirms that this is his first place of employment.

2. Loss of an existing book, its damage, which does not allow the data to be read. Here you need to refer to paragraph 5 of this article. But the law provides for a mandatory indication of the reason.

   If the book is lost, only the length of service that is confirmed by documents will be restored.

Restoration of work record

If the book is lost, the employee must take into account the requirements of paragraph 31 of Resolution No. 225, which states that he must immediately notify the employer at his last place of work. He must, within 15 days from the date of receipt of the application, issue the applicant a duplicate work permit. Moreover, all records from previous places of work can be restored only if there are supporting documents for this, which the employee must submit, for example:

• originals of employment agreements;
• 2-NDFL certificates issued to a person for years of work;
• orders regarding labor activity (hiring, dismissal, etc.);
• monthly pay stubs, etc.

The full list of documents certifying the length of service is established in paragraph 11 of the Russian Government Decree No. 1015.

The employee pays for the work form (it is recommended to indicate this in the application).

If suddenly a lost book is found when its duplicate is already ready, it is necessary to destroy the duplicate document. Priority is set for the primary work record.

If the employment document is lost due to the fault of the employer, he independently, with the help of a special commission and, of course, at his own expense, restores the document. In this case, an application from the employee is not required.

Let us briefly examine one more point: in practice, it happens that an employee tries to get a second book, deliberately misleading his current employer. There are several reasons for this; as a rule, a person wants:

• eliminate data on previous places of employment (dismissal “under article”, inappropriate position, etc.);
• radically change the scope of activity;
• find a job in two places at the same time.

All of these are punishable acts, both parties need to know that the following liability is provided:

1. The violator can be fired under the article for providing false information when applying for a job.
2. If the work report was made for double employment, the employer has the right to recover through the court the personal income tax and contributions that were paid for him from the negligent employee.
3. The length of service indicated in the unauthorized work record will not be counted when forming a pension.
4. If during work a person took 2 certificates of incapacity for work and received compensation for both sick leave, this can be regarded as illegal enrichment.
5. Forgery of documents can also be prosecuted under the Criminal Code of the Russian Federation (Articles 159 and 327).

At what age can you get a work book?

The main document that regulates the issue of age for obtaining a labor register is Article 63 of the Labor Code of the Russian Federation. It states that there are variations:

1. 16 years is the first term established by law. After its execution, there are no restrictions or conditions for issuing a work book to a young man who wants to work.
2. At the age of 15, to obtain a labor register, a person must:
   either have already stopped their education, or studied by correspondence (full-time study does not imply employment);
3. I only took light work and only if the work did not interfere with my education.
4. 14 years is the age when you can also start working, but:
   it is necessary that the restrictive conditions for fifteen-year-olds be met;
5. Written permission from the applicant's parents will be required.
6. It is possible to officially employ minor children taking part in filming, concerts or sports programs, shows, etc. In this option, the work book is created by the employer, and the employment contract is signed by one of the parents. It must include the following points:
   the maximum permissible duration of daily work (each age has its own);
7. the condition that work activity should not harm the moral or psychological state of the child.

That is, when concluding an employment agreement, the employer must issue a work book to everyone, regardless of the employee’s age. The main thing here is not the fact of issuing the work permit itself, but the correct wording in the contract.

Is the order mandatory for every organization?

The rules for maintaining work books determine that the employer is obliged to ensure work with work books. At the same time, such a step should be taken by any business entity - both an entrepreneur with hired employees and a company.

In the case of an entrepreneur, he usually independently makes entries in work books. In companies, this responsibility is automatically assigned to the director, or he chooses one of the hired employees.

However, in any of these situations, the manager must clearly identify the responsible person, as required by the Rules. This can only be done by issuing the necessary order.

In what cases is a duplicate made?

The work book for each employee is the most important document. It relies on strict accounting forms; on its basis, the length of service is subsequently calculated and pension payments are calculated, and therefore it needs special treatment.

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Most of the time, the work book is kept by the employer and only during periods of absence from work – in the hands of its owner. However, it is in this short period of time that it can be lost or irreparably damaged. In this case, the owner will need to make a duplicate of it.

Who should be appointed responsible?

Typically, in a large organization, the personnel department is responsible for working with work books, and within it is the person responsible for work books or several specific specialists. In a small company such a department may not be formed. Therefore, the manager can appoint an accountant, secretary, and other officials as a responsible person.

The manager must formalize his decision in the form of an order.

If there is no one to entrust this process in the organization, then the manager himself is considered directly responsible for conducting labor.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The law establishes that the employer is obliged to organize the work of maintaining work records. At the same time, he must appoint by his order a person to perform such actions.

It follows from this that only an employee who is on the company’s staff can work with workers. Even if the maintenance of personnel records is outsourced, it is necessary to work with labor on your own within the company.

Important! If the responsible person changes, all available labor must be transferred according to the transfer and acceptance certificate. In this case, the document must indicate not just the number of documents, but list their owners by name.

We appoint a person responsible for the processing of personal data

In accordance with Art. 88 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), only specially authorized persons can have access to personal information of employees of an organization. In addition, Federal Law No. 152-FZ of July 27, 2006 “On Personal Data” (hereinafter referred to as Federal Law No. 152-FZ) requires that a business entity appoint a specialist who will be responsible for working with personal data (example 3).

The absence of such an order is equivalent to a violation of Federal Law No. 152-FZ. Sanctions Art. 13.11 of the Code of Administrative Offenses of the Russian Federation for violation of the legislation of the Russian Federation in the field of personal data provides for a warning or the imposition of an administrative fine:

• for officials - from 500 to 1 thousand rubles;
• for legal entities - from 5 thousand to 10 thousand rubles.

Why do you need a book of issue and accounting?

Clause 41 of the Rules stipulates that the book of work records, as well as the book of records of forms and inserts, must be certified by the signature of the head of the enterprise, then numbered and laced, after which they must be sealed or sealed. Such serious measures against falsification are fully justified, but they cause some difficulties in maintaining books. Therefore, in the practice of personnel services and accounting departments, the enterprise seal is used to certify all accounting forms.

The official working with work books must, first of all, accept all the employee books available in the personnel service, check the availability of a book for issuing and recording books, as well as the correctness of its completion. It is also mandatory to check the availability of work book forms and inserts. The required number of forms can be determined based on the organization’s labor needs, as well as taking into account the categories of people hired. For example, if an organization actively works with university graduates, more forms will be required.

If the inspection reveals the absence of individual work books, you need to identify the reason and then organize a search, the results of which are entered into the appropriate act describing all the activities carried out.

Rules for issuing a work book to an employee

• The issuance of a work book to a person who gets a job for the first time must be done no later than 5 days after the start of work, and in the presence of the employee himself.
• The labor personnel officer receives the form from the enterprise’s accounting department. However, despite the registration procedure provided for by law, there are often cases when an employee brings a form to the personnel department with a request to fill it out. It is worth emphasizing here that the law prohibits the acquisition of a work book form by the employee himself, therefore representatives of the personnel services of organizations are prohibited from drawing up and filling out such documents.
• Only those documents that were previously entered in the book of forms and inserts available in the accounting department of the enterprise should be entered into the journal for recording the movement of work books.
• Incorrect maintenance of work records can lead to an administrative fine that reaches 50 minimum wages. A fine is imposed on an official who violates the procedure for filling out a document.

Documents required for registration of labor

All persons applying for work are required to present the following documents to the manager:

1. Passport (any other identity document is acceptable).
2. Certificate of education, qualifications and special knowledge.
3. It is necessary to present a medical certificate.
4. Certificate of absence or existence of a criminal record, criminal prosecution or release.
5. Insurance certificate of pension insurance (if a person is getting a job for the first time, this document is not required).
6. A document confirming registration with the state tax office (you can present both the original document and a copy).
7. If a person has minor children, their birth certificates must be presented.
8. Persons liable for military service and persons subject to conscription must present military registration documents.

Consequences of incorrect registration of a work book

Due to incorrectly issued inserts and work books, an employee may encounter the following problems and difficulties:

1. If an incorrect reason for dismissal is indicated in the work book, the employee may face difficulties in finding a new job. A situation may arise in which an employee cannot verify employment in a position.
2. A serious consequence of errors in the work book may be the inability to prove your true work experience when the time comes to apply for a pension. In practice, there are many cases when. The pension fund refused to pay pensions to citizens only on the grounds that some of the data entered in the work book did not correspond to the employee’s passport data, from which it follows that this work book belonged to another person.
3. The most common situation is when the employee’s full name differs slightly from the entry in the passport, for example, in the name Natalya, instead of “b”, the letter “i” is indicated. To confirm that the work book belongs to this particular employee, he will have to obtain numerous archival certificates, but most often people restore the right to a pension through the court.

Errors in filling out work books spell problems not only for the employees themselves, but also for their employers, as well as for personnel department employees who are responsible for the procedure for maintaining books. Negligence of officials is punishable by law with administrative liability:

1. In case of violation of labor legislation, the employer will be subject to a huge administrative fine, the amount of which can range from 30,000 to 50,000 rubles. The fine may be replaced by suspension of the organization's activities for a period of 2 months.
2. If the employer delays issuing a work book to an employee upon dismissal, the employer is responsible for paying the employee compensation for each day of unjustified delay. Delay due to untimely correction of errors in records is also considered such.

You should pay attention to the following detail: it has already been said that when issuing a work book for an employee for the first time, the employer charges the employee a fee for its purchase. However, there are cases when it is prohibited to charge a fee:

• In cases of mass loss of work records, for example, in the event of disasters or any other emergency.
• If the work book was damaged due to the fault of the employer.
• If, due to the negligence of personnel service employees, the work book was initially filled out incorrectly.

Actions when an employee refuses to pick up a work book

The algorithm of steps in the case when an employee does not want to pick up his work book may be as follows:

1. If on the last working day a person flatly refuses to endorse HR document forms and receive a work permit, a report about this is drawn up. Two witnesses are enough to confirm this fact with their signatures.

   The act must be signed by the initiator and witnessed by two employees

2. The personnel officer must still send a notification to the employee with a reminder that the Labor Code of the Russian Federation obliges the employer to issue him a work book and that he has the right to pick up the document both in person and by mail, but this requires his consent. It is worth noting that after this notification, demands for payments for the delay of the book will no longer be valid.

   When notifying the employee about the need to obtain a book, give him options

3. After this, refusal marks are placed in internal documents.

Video instructions: issuing a work certificate upon dismissal