The features of maintaining a work book, as well as the procedure for making changes and edits to it, are determined by:
- Instructions for filling out labor documents (development and its approval in Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003). Further in the text - Instructions.
- Rules for maintaining and storing labor records (introduced by government decree No. 225 of April 16, 2003). Further in the text - Rules.
Inaccuracies and errors can be noticed by both the HR specialist and the dismissed employee himself.
Typical situations in which errors in the date of dismissal must be corrected | Procedure for adjusting the date of dismissal |
The error was detected by an employee. The adjustment is made by the organization where the error was made. | The sequence of actions is as follows: · the employee writes a statement addressed to the employer describing the error and requesting that it be eliminated, citing the relevant documents; · the employer issues an order to amend the labor contract; · HR department specialist (other authorized person) makes edits |
An employee quit one organization, took a new job, and discovered an error in the dismissal record made at the old place of work. | The adjustment can be made in a similar way at a new job, provided proper supporting documents are provided |
At the time the error was discovered, the organization where the erroneous dismissal record was made was liquidated | Edits are made at the last place of work. But this requires a basis - documentary evidence. An employee can receive it when contacting the archive |
An erroneous entry was made in the organization that is the first place of work of the dismissed person | Allowed actions: recognize the work as damaged by drawing up the appropriate act; start a new job; make the necessary correct entries |
In all cases, inaccurate entries are subject to adjustment taking into account the procedure prescribed in paragraphs 27-29 of section 3 of the Rules.
Basic filling rules
Inaccuracies in documentation usually arise due to insufficient experience or inattention of the personnel officer. They may also appear due to the clarification of the date of termination of the contract.
If an incorrect entry was made in the work book upon dismissal, it must be corrected in accordance with paragraph 1.2 of the Instructions. You need to do this as follows:
1 | In the line following the last line you need to put the serial number and the date the entry was made |
2 | In the “Work Information” column, you must enter the wording “The entry behind the number (enter the number) is considered invalid.” After this, the incorrect entry in the work book about dismissal becomes invalid. |
3 | Next, in the 3rd column, enter the correct information about the date and reason for dismissal |
4 | In the last column you need to duplicate information about the grounds for dismissal. Here you can also enter the details of other documents according to which the employee was dismissed from the organization. |
5 | They put the signature of the personnel officer or the head of the company, as well as the signature of the employee. She confirms that he was familiar with the changes made. |
Please note that you cannot correct entries in the work book after dismissal by any other means. In particular, it is unacceptable:
- making corrections to the text;
- crossing out words and numbers;
- covering with concealer.
Also see “The entry in the work record is invalid: how to correct it (sample).”
Incorrect entry in the work book upon dismissal
The easiest way to correct an incorrect dismissal date is if an error was made at the last place of work from which the citizen left. This usually happens due to the inattention or insufficient qualifications of a personnel specialist.
For example, when the date, month or year is incorrectly indicated. It also happens that an employee, at the initiative of management, is fired during vacation or illness, which is not allowed by the Labor Code (81st Article of the Labor Code of the Russian Federation), except in the case of liquidation of the company - such a dismissal date is also incorrect.
Having noticed an error in the date of dismissal, the employee must bring it to the attention of the personnel service and ask it to be corrected. Before this is done, he should not sign a document stating that he agrees with all the entries made in the work book. Otherwise, you will have to act according to a more complex scheme.
Articles on the topic (click to view)
- What to do and where to go if you are not paid upon dismissal
- What to do if you are laid off at work
- What to do if the employer does not want to fire at his own request
- What to do if the date of the dismissal order is later than the date of dismissal
- What to do if the employer does not give the work book after dismissal
- What to do if you didn’t work officially, you were fired, you didn’t get paid
- What is the employer obliged to give the employee on the day of dismissal?
Correction of the dismissal entry in the work book is carried out in the following order:
in column 1 the next serial number of the entry is entered (the numbering sequence should not be violated);
Column 2 records the date of changes;
in column 3 it is first written that the entry under a certain number is invalid, followed by the correct, corrected text;
Column 4 indicates the basis for changing the entry (usually the details of the original or newly issued order that made the changes, or a court decision are written here).
Detailed information on the procedure for correcting entries in work books is contained in the Instructions for filling them out (Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003). Section 3 of the Rules for Maintaining Labor Records (Resolution of the Government of the Russian Federation No. 225 of April 16, 2003) is also devoted to this issue.
What threatens the employer if there is inaccuracy?
Failure to correct the dismissal entry in the work book on time often leads to negative consequences for the head of the organization. If because of this the employee was unable to re-employ, the employer will have to not only make changes to the documentation, but also pay compensation for those days when the former employee was deprived of the opportunity to earn money.
It is equally important to correctly make an entry in the employment record about the cancellation of dismissal. In a similar way: first you need to indicate the invalidity of the entry, and then write that the employee has been reinstated to his previous job.
The following is an example of correcting the date of dismissal in the work book:
Entry no. | date | Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law) | Name, date and number of the document on the basis of which the entry was made | ||
number | month | year | |||
1 | 2 | 3 | 4 | ||
8 | 26 | 09 | 2028 | The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation | Order No. 18-U dated September 26, 2018 |
9 | 26 | 09 | 2018 | Entry number 8 is invalid. The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation. General Director Krasnov V.V. Krasnov SEAL Korepin | Order No. 18-U dated September 26, 2018 |
Also see “Entry in the work book about dismissal in 2021.”
Read also
29.09.2018
Correcting entries in the work book after dismissal
However, often the presence of an error in the date of dismissal becomes known after the employee ceases to work for the inattentive employer. An employee does not always notice an incorrect entry in a timely manner, or documents are sent to him by mail, preventing him from reporting the error in time.
If you discover an inaccuracy after dismissal, you should contact the personnel department or the official responsible for maintaining work records with a request to correct it. The request is stated in a statement addressed to the director of the company. If necessary, the manager issues an order to make changes, the details of which are then entered in column 4. The personnel officer corrects the incorrect entry in the above order. At the same time, he again enters the details of the initial dismissal order (if the correct date is indicated in it), or indicates a new order that corrects the error in the previous order.
If the company that made the mistake no longer exists, its legal successor or the last employer of the book owner has the right to correct the date of dismissal. However, he will do this only if he has documentary evidence of the date distortion. The employee is obliged to provide him with:
or a certified copy of the dismissal order, which he stocked up on in advance;
or an archival certificate confirming his words.
Witness testimony is taken into account only in cases where there has been a massive loss of work records (for example, due to a natural disaster) or in relation to records on which a court decision has been made (clause 29 of the Rules for maintaining work records).
This is important to know: Help when quitting your job
Is it possible to correct the entry in the labor record?
The work book is the main document confirming the employee’s work experience.
Erroneous entries can significantly hinder you in the future, especially if you often change jobs during your career.
When assigning a pension, if errors are found in several entries, he will have to run a lot to restore the true dates of admission, dismissal, or even confirm that the work book belongs to him if there are errors in the spelling of the first name, patronymic, and last name.
All corrections in the work book are permissible, according to Art. 66 of the Labor Code of the Russian Federation, current Rules and Instructions.
If any errors are detected by an employee or specialist responsible for maintaining work records at the enterprise, they should be corrected in accordance with clause 24 and clause 28 of the Rules.
In no case is it allowed to cross out incorrect entries, use a stroke, correct by wiping with an eraser, or point a pen at other numbers or make other changes to an incorrect entry.
According to clause 30 of the rules, an entry can be changed only by declaring it invalid and making a correct new entry.
Let's consider situations when you need to make changes to a work book entry.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
1. If an employee discovers an inaccuracy or error in an entry, he must write a statement addressed to the head of the enterprise with a request to make changes to the work book, referring to the documents on the basis of which this entry was made.
Such documents include: passport, diploma, marriage or divorce certificate, orders or extracts from them on admission, transfer, dismissal.
2. Based on the submitted application, the head of the enterprise (organization) issues an order to make appropriate changes to the employee’s work book.
The legislation nowhere mentions specific officials who should be responsible for maintaining work records at the enterprise. Typically, in organizations, HR department specialists are responsible for filling out all changes in the work process and making clarifications if errors are identified in the records.
If the company is quite small and there is no personnel service, an official authorized by order of the manager (maybe an accountant, secretary, etc.) is responsible for maintaining work books.
3. The correction must be made to the enterprise where the error was made.
In cases where a person has already left there and is working in a new organization, upon provision of documents confirming the errors made in the entry in the work book, changes can be made by the personnel service of the organization in which he works.
4. In the case when the work book is just being opened, that is, the person has not previously been officially employed anywhere, in case of any clerical error or mistake:
- in filling out employee information;
- in the employment record,
It is best to cancel such a book immediately and write out a new one without any marks or changes made.
5. When making changes after erroneously entered data, the employee has the right to apply for a duplicate work book.
All entries except the one that was declared invalid will be transferred to the re-issued work book, which indicates that it is a duplicate.
This is especially true in cases where a person is illegally fired and is reinstated by a court decision.
6. If, at the time of identifying errors, the enterprise where they were made does not exist as a legal entity (reorganized or liquidated), you must contact the archive for documents confirming work in the liquidated organization.
Based on the documentation provided, changes will be made at the last work location.
7. When a person’s personal data (last name, first name, patronymic) is incorrectly indicated in the work book, you can help restore the work book to this particular person through the court by presenting identification documents and, if necessary, on the basis of which it was changed, for example, the surname (certificate on marriage or divorce).
The procedure for maintaining a work record book
In the work book of each employee, employers record information about work activity and length of service. Such information is strictly regulated on the basis of labor legislation and regulations.
The form and procedure for compiling work books are approved in two regulatory legal acts:
- Rules of April 16, 2003 N 225 (hereinafter referred to as the Rules);
- Instructions No. 69 dated October 10, 2003 (hereinafter referred to as the Instructions).
The rules for correcting entries in the work book (including after dismissal) and the procedure for filling out this document upon dismissal are also established by the specified by-laws.
It is their provisions and recommendations that must be applied in this situation.