How to get a work book - nuances of transfer and legal norms

It is the employer's responsibility to correctly fill out work books and store them. Therefore, it is necessary to carry out checks from time to time to ensure that all conditions are properly met. It is also recommended to do this when changing the official whose responsibility includes working with these documents. If this happens, then an act of transfer of work records is drawn up. The sample that you will find at the link at the end of this article will help you prepare it correctly. In addition, this act may be needed in some other situations, so it is worth understanding all the intricacies of its execution.

Reasons for compilation

The purpose of this document is to record the movement of a large number of books. If necessary, the employer will be able to use it in the future to confirm this fact. Therefore, drawing up an act of acceptance and transfer of work books according to the model we offer will not be superfluous: everything must be done correctly and without errors.

Such a need may arise in the following situations:

• when changing an employee whose responsibility includes working with books;
• during a company reorganization, if a new structure is separated or an enterprise is acquired;
• when transferring a certain part of the books to individual departments.

There are other possible reasons. The act of acceptance and transfer of work books is necessary in any case, except for issuing the book directly to its owner.

Also see “How to correctly write an application for the issuance of a work book?”.

What the law says

According to the law, when registering for the main place of work, the work book is transferred to the employer. From this moment, responsibility for its maintenance and storage falls on the personnel officer, who is assigned the specified duties by order. The procedure is enshrined in the Labor Code of the Russian Federation and is set out in detail in Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.

Workbooks are strict reporting forms and must be stored in organizations in special metal cabinets (safes) or separate locked rooms that prevent access to them by third parties. Their distribution is strictly limited. A work permit against receipt, according to regulations, is issued only for two reasons:

1. If an employee is dismissed - on the last working day (clause 41 of the Resolution);
2. For the purposes of compulsory social insurance (security), for example, when applying for a pension, social benefits, etc. - upon the personal application of the employee within three working days (Article 62 of the Labor Code of the Russian Federation).

In other cases, the Labor Code of the Russian Federation requires the issuance of extracts or certified copies of the work book.

But in practice, original documents confirming work experience are required by both banks from clients who plan to take out a loan, and government agencies, such as the Federal Migration Service, when applying for foreign passports or applying for a visa to another country. Such a requirement is illegal, but it is not advisable to argue with these organizations, as you will drag out the issue for a very long time.

Compilation and filling

At the end of this article you will be able to document the acceptance and transfer of work records in order to draw it up correctly. In any case, this should be done by more than one person: a commission is appointed, which can consist of 3 or more persons. To do this, prepare an appropriate order, which is issued by the organization.

ATTENTION

The commission cannot include the employee who hands over the forms and the one who will accept them.

The members of the convened commission must select a chairman who will lead the process.

The act is signed by the members of the commission. This document must also be approved by the head of the organization.

If the books are transferred to another company, then any of the managers can approve the act for performing this action.

If necessary, we offer an act of transfer of work books and use it to fill out. The fact is that there is no officially approved version for this document, so many organizations use ready-made samples or develop their own versions, if necessary.

The act must contain the following points:

• the full name of the organization (you can use the company’s official letterhead to draw up the document);
• Date of preparation;
• approval stamp and seal (if any);
• indicate the full composition of the commission and the immediate reason why the books are being transferred;
• information about the books is entered into the table, as well as their number;
• signatures.

Despite the fact that there is no established form and you can use a sample act of checking work records or develop your own version, there are some general requirements for this document:

• it can be in writing, on a computer or by hand;
• there should be no corrections in it, no blots are allowed (the handwritten version must be easy to read);
• signatures must be put personally by the owners;
• If the document has several pages, then they are numbered in order and stitched together.

All this matters when checking work records. After all, if the documentation is prepared incorrectly, it will not have legal force.

Also see “Book (journal) of labor records”.

From our website, you can use the direct link below for a free certificate of acceptance and transfer of work books.

Read also

07.09.2017

How to draw up an act of acceptance and transfer of work books

You must start filling out the document from the “header”.
The full name of the enterprise and its legal form are indicated here. The name of the document to which a number is assigned is written down. The date of signing and the city of execution of the act are noted. On the right or left side of the document you need to write a few lines about which of the managers approves this act. The name and position are written down. The confirmation date is indicated. Below is information about the responsible persons. It is noted who exactly transfers the work books, and which of the employees receives them, becoming the new responsible person. Below is the main part of the document. Of course, anyone can design it in a free style. However, for greater convenience, it is recommended to use a table here. This is where the basic information will be entered. So, here the full names of the owners of the books, their numbers and series, and inserts are indicated. If responsible persons consider it necessary to provide additional information, you can use the “Notes” column for this. For example, here you can enter information about the status of the book. If there are any entries missing, this should also be noted. Below the table is written the total number of books included in the document. If forms are available, information about them is entered in a separate table. Here it is indicated which form it is, the series with the number.

At the bottom of the document information about the donor and the recipient is written. These employees sign the transcripts. Below is a list of all members of the review team. At the final stage, all employees who are directly related to this procedure sign autographs.

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 F.

AND ABOUT.

the employee, his position, the reason for dismissal and the fact that he was asked to receive a book from the HR 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.

about the employee’s refusal to receive a work book due to dismissal

A commission consisting of: Chairman: Head of the HR Department Sociable O.O. Members:

1. Chief specialist Ivanov I.I.
2. Leading specialist Petrov P.P.

this act has been drawn up stating that on March 27, 2021, the senior sales manager of the sales department of the Limited Liability Company "PION" Independent Sergey Semenovich, in the presence of the commission, refused to receive a work book in connection with his dismissal and to familiarize himself with the order on his dismissal. He also refused to give a written explanation of the reasons for refusing to obtain a work book.

The contents of the dismissal order No. 123-k dated March 27, 2021 were announced to Independent S.S. orally by his immediate supervisor (head of the sales department, Chief G.G.) in the presence of members of the commission.

At the same time, Independent S.S. it was announced that he would be sent a notification by mail about the need to appear for a work book at any convenient time or to give written consent to send the work book by mail in a valuable letter with an attachment with the obligatory notification of the relevant address to the employer.

Appendix: 1. Notification dated March 27, 2021 Ref. No. 456 (copy - 1 copy).

Chairman of the commission: ______________ Head of HR Department Sociable O.O.

Members of the commission: _________________ ______________________________ (signature) (position, surname, initials) _________________ ______________________________ (signature) (position, surname, initials)

Why and in what cases is it required?

As a rule, the maintenance of specified journals, as well as the storage and accounting of work books, is carried out by a personnel employee who is authorized to perform such actions by order of the enterprise.

But an employee may get sick or quit, the enterprise may be reorganized in the form of a merger and, accordingly, maintaining books with the chronology of experience will be entrusted to another person.

And in such a situation, given that work books are strict reporting forms that are under the personal control of an authorized employee, a new order to assign responsibilities for conducting personnel work to another employee will not be enough. It will also be necessary to draw up an act on the acceptance and transfer of the agreed documents, using the ledger for recording the movement of books as a basis.

Both parties, the transmitting and the receiving, are interested in such verification of the availability of all documents, as well as the accuracy of the entered data.

In accordance with the order of the enterprise, they are responsible for the safety of work books and additional inserts for them, and in case of improper storage or loss, administrative liability is possible under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

That is why both parties must check the quantitative availability of work books with the data entered in the movement log in order to avoid the loss of some documents and liability.

Delivery option: send by mail

If an employee cannot be personally present at his former place of work to receive documents upon dismissal, it is not at all necessary to look for a representative. It is enough to ask the employer to send the documents by mail. In accordance with Article 84.1 of the Labor Code, this is possible and permitted by law.

The employer must send a notification letter to the actual residence address of the employee. If the outcome is favorable, the employee is obliged to notify the employer that the documents have arrived safely and securely at the place of receipt.

About writing off damaged forms

Forms and inserts damaged during filling out must be destroyed and a corresponding report must be drawn up. In order to write off damaged documents, the manager must issue an order that would authorize the creation of a commission to carry out the write-off. The formed commission is presented with damaged forms. An act for writing off work books is drawn up; see the sample filling below. It indicates the book numbers, their quantity, and reasons for write-off. Then they are destroyed.

Can an employer refuse to issue documents?

In the event of termination of the working relationship, the employer is obliged to issue to the subordinate all required documents on the day of dismissal (parts 4-6 of article 84.1 of the Labor Code of the Russian Federation, paragraph 35 of the Resolution). Otherwise, the organization must reimburse the employee the average earnings for all days of delay. To do this, it is necessary to issue a new dismissal order and make another entry in the work book indicating the date on which the official papers were actually issued.

In other cases, except for the above and those given in Art. 62 of the Labor Code of the Russian Federation, the employer has the right to refuse to issue papers.

Duplicate

Issuance of a duplicate is possible in two cases:

1. Making erroneous entries.
2. Lost document.

By law, personnel officers can correct errors made when filling out an employee’s book. erroneous information . But the employee may, if desired, request that a document with erroneous entries be replaced. To do this, he writes a statement requesting the replacement of a document containing invalid entries.

The employee does not pay the cost of the new form. All information from the old work book must be thoroughly transferred to the new document, taking into account the correction of invalid entries in the old document.

In case of loss of a document after dismissal from the old place of work and before taking a new job, the employee has the opportunity to send an application to the previous employer with a request to issue a duplicate of the lost document .

The former employer must comply with this request within 15 days

The duplicate must correspond to the lost document; no additions or corrections are allowed.

When receiving a duplicate due to loss of a document, the employee personally pays for a new form. If you are interested in learning more about how to restore a lost or damaged work book, then you can read this article.

In any case, it is necessary to obtain confirmation that the employee has received a duplicate, certified by his signature. You can make a similar entry directly on the application requesting a duplicate (below, on the reverse side).

When issuing a duplicate, instead of a document with erroneous entries, the citizen is given not only a duplicate, but also an old work book . This point is also recorded in writing and confirmed by the employee’s signature.

Sample of filling out an application for the issuance of a duplicate work permit.

new document

The need to issue a new book arises when a person is employed without this document, which may be missing for the following reasons:

1. Primary employment.
2. Lost previous document.
3. Damage to a previous document.

When hiring a citizen who has no work experience, the employer to issue a work permit for him within a week This procedure is not difficult for employees of the enterprise’s personnel department, since it is spelled out in detail in the legislation.

Difficulties may arise if it is necessary to issue a new work book to an employee who already had one, but it was lost or damaged . If desired, the employee has the right to contact his previous employer in order to obtain a duplicate, with which he then comes to his new place of work.

But a situation often arises when an employee, for various reasons, does not want or cannot receive a duplicate.

In such a case, by law, the employer must receive from the new employee a written statement in which the employee asks to issue a new document, indicating the reason for the absence of the old work book (loss, damage).

The presence of an application signed personally by the employee will be evidence of the issuance of a new document at the initiative of the employee himself.

In this case, further claims of the employee, if he finds his old work record and wants to combine data on past and current work experience in one document, can be reflected by the employer by presenting the employee with his own statement. According to the law, the issuance of a new work book upon such an application automatically cancels the old book .

Having several employment certificates does not have any consequences for the employee, since when calculating the pension, all data will be summed up. In this case, it is enough for the employer to give the employee a copy of his application, which can be presented in the future to justify the presence of several work books .

Registration requirements

For registration, a form developed by the company or an approved form is used.

The following details must be provided:

• Company name;
• Name;
• date of signing and number;
• place of compilation;
• title;
• signature of the manager and those responsible for compilation.

The work book contains information about the employee, the work he performs, transfers to another permanent job and dismissal, as well as the grounds for termination of the employment contract and information about awards for success in work (part 4 of article 66 of the Labor Code of the Russian Federation, clause 4 of the Rules, approved by Government Decree dated April 16, 2003 No. 225).

When starting a job, the employee must hand over the work book to his employer (Part 1 of Article 65 of the Labor Code of the Russian Federation). And the employer will be responsible for its safety in the future. Of course, if an employment contract is concluded for the first time, the employer himself creates a work book. Also, the work book is not presented if the employee gets a part-time job.

And in what cases an act of acceptance and transfer of work books is drawn up and in what form, we will tell you in our consultation. An approximate form of the act of acceptance and transfer of work books (form) can be downloaded from the link given at the end of our material.

Is it possible to buy?

They are manufactured at Goznak of the Ministry of Finance of the Russian Federation and go on retail sale through specialized companies authorized to distribute them, which have the appropriate license and power of attorney for their sale.

This type of power of attorney must indicate the series and numbers of the books presented to the intermediary for sale. This document is necessary as a security guarantee for the safety of forms and to avoid their unrecorded and uncontrolled sale. The TC form is protected by:

• watermark;
• special fiber;
• chemical protection;
• guilloche mesh;
• ultra paint;
• magnetic number;
• special thread.

The presence of security marks makes it easy to establish the authenticity of the form. Due to the increased degree of protection, the acquisition of forms is only permissible if there is a power of attorney for their acquisition. The power of attorney is issued to the person responsible for the acquisition, appointed by order of the manager.

From him comes permission to purchase, that is, the issuance of a power of attorney. This document may have a standard form developed at the relevant enterprise, which is unified.

At the discretion of management and in accordance with local regulations and regulations, the form may be specific. But in any case, it should reflect:

• name of company;
• surname, name, patronymic of the authorized person;
• the fact of permission to purchase the TC;
• validity.