Rules for storing work books in 2021 and 2021

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Published: 06/20/2018

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The work record book is the only general document that contains information about a person’s work experience and places of work before 2002. In any case, it will be difficult and often impossible to recover information over a long period. In this regard, the safety of the book in an enterprise or organization (institution) is of utmost importance.

Legal regulation of the issue
Issuance of work books in hand

What is a work book

This is a document that characterizes the history of an individual’s work activity, contains data on length of service, places of work and duration. Providing a book is a mandatory condition when applying for a job.

If the employee does not have a book, it is issued by the employer, provided that the employee works for more than 5 days at the enterprise. The document records all information about the employer, employee and his position, as well as awards, incentives, transfers and dismissal.

It has existed in the Russian Federation since 1939, despite changes in the external form and cover, the essence has remained unchanged. Currently, the model established in 2004 by acts of the Government of the Russian Federation is used.

The requirement for compulsory establishment of a book is provided for in Art. 65 of the Labor Code of the Russian Federation. The employer must be an individual entrepreneur or a legal entity. Individuals who are hired as employees (maid, driver, housekeeper, nanny) are not required to record employee records.

It is especially relevant during the period of calculating total length of service in a situation where the employer has not provided data to the Pension Fund. The only proof of work activity is the book.

Order on the appointment of a person responsible for the Labor Code

In the absence of a HR specialist or HR manager, the manager has the right to:

Take the production of TC under your own responsibility.
Delegate responsibility for their maintenance and storage to one of the employees at your discretion.

The employee elected by the manager is appointed by order. The order indicates the surname, name and patronymic of the person, his position.

A copy of the order is signed by the employee indicating that he has read the order. Next, the order is registered in the order book on a general basis. From the date specified in the order, the resolution on responsibility for maintaining and storing the Labor Code comes into force.

If the manager performs the designated duties himself, an order will not be required; his responsibility for maintaining the Labor Code is provided on the basis of the general responsibility assigned to him for organizing production processes.

The order on the person responsible for maintaining work records can be found below. (form) order to appoint someone responsible for maintaining work records.

Purpose

When appointing a responsible person, the conditions under which the employee accepts authority are determined.

They can:

release him from other types of work;
provide certain compensation;
establish a surcharge;
carried out along with the main activity without provided compensation or additional payments.

When appointing, the manager reviews the staffing table and selects a suitable candidate. It is also appropriate to focus on a person known for his responsibility.

After a preliminary conversation and obtaining consent from the employee, an order is drawn up to transfer the designated powers to him.

He can begin to perform his duties after he has been briefed (against his signature), and also after he has been trained in working with personal data.

The list of potential authorized persons for this type of work is:

accountant;
secretaries and clerks;
personal secretaries;
office managers;
other employees.

When appointing a responsible person, the employer does not have the right to resort to coercion, except in cases where the assigned duty contains job descriptions (for example, for personnel officers).

Change of person in charge

The change of the authorized person, regardless of the reasons, is carried out by order. The leader issues an order:

on the release of the responsible person;
on the appointment of a responsible person.

The release of an authorized person and the appointment of a new one can be carried out by one order or two different ones. The situation depends on the simultaneity of the appointment or on the presence of a time period between appointments.

When changing the authorized person, he must also be instructed on the main provisions of the procedure for maintaining and storing the Labor Code.

Act of acceptance and transfer of responsibility

When a responsible person is appointed or changed, the right to dispose of work books passes to him only after their adoption by a special act.

The act is drawn up on the basis of an order on the acceptance of these powers, when creating a commission of disinterested persons.

The act establishes the date for the transfer of responsibility and determines the number of commission members, indicating:

their positions;
surnames and initials.

The following is a complete list of employee books, indicating the last name, initials and position of each of the owners of the trading company.

If there are a lot of documents, they need to be classified according to the departments where employees work, and placed in alphabetical order inside.

The act is drawn up on the basis of available books.

Those that are in the hands of employees and are properly executed are transferred separately at the end of the list, with the name of the available replacement document.

After drawing up, the document is signed by the members of the commission, and the person transferring authority is released from liability.

If a replacement is not found, the documents are transferred by deed to the manager. Subsequently, another act of transferring responsibility from the manager to the person appointed by him will be required.

(form) act of acceptance and transfer of work books

Who keeps

The responsibility for storing the book in a safe or other device, as well as the execution and maintenance of the document, rests with the personnel department employees. Its composition and scale depend primarily on the size of the company. If the company is small, or it is an individual entrepreneur, then as a rule an accountant or secretary works with the books.

If the company is large, then there is an authorized specialist in the HR department. In the event of a change in the employee responsible for work books, an acceptance and transfer certificate is signed. This is done so that there are no subsequent difficulties or misunderstandings with the documents themselves and the data inside them.

ATTENTION! The process of appointing an employee responsible for storing work records occurs on the basis of an Order issued by the head of an organization or an individual entrepreneur. The order is drawn up in free form.

Responsible persons

Work books in an organization (enterprise) are maintained by a special department responsible for personnel work or an authorized person.

Large enterprises must have a personnel department. Several specialists in charge of personnel records are divided into areas of responsibility.

In particular:

in sectors of nomenclature office work, where a specialist is responsible for conducting certain operations;
by departments assigned to the responsible specialist.

In medium and small organizations with less than 100 employees, such a department may not exist. The execution of work is delegated to one of the administrative or other authorized employees:

upon release from other types of work;
without one.

Organizations with fewer than 30 employees may not have an exempt HR specialist. Usually, work with labor records is assigned to the secretary and clerk, and in his absence, the head of the organization assumes responsibility. Often, personnel work is carried out by accounting employees.

Places and order of storage

In Russia there is a whole Government Decree dedicated to work books and the procedure for handling them. Among other things, it regulates where workers’ work books should be stored. Thus, clause 42 regulates that inserts from the book belong to strict reporting forms.

In this regard, the places where the document is stored should be such premises or devices that can ensure the safety, security and integrity of the book, and prevent facts of falsification and seizure.

ATTENTION! The completed book itself is not a strict reporting form under the law. But, the organization or entrepreneur is obliged to set aside a metal safe, a separate cabinet, a special room that could exclude the possibility of third parties having access to the papers.

The employer can independently determine the storage location, but safety is the main condition. In this regard, there are no specific requirements for a safe for storing labor records; if such a device is used, it is on the general principles of its operation. There are no special features in the process of storing books.

The process of receiving the book by the employer begins from the moment the citizen is hired; it must be taken by the personnel department employees. Then the person is registered and hired, and work begins with the parallel storage of work books in the organization.

According to the established rules, the document is returned to the owner. How to store the book during the period of employment? In most cases, employees remove it to a designated place or installation. They are taken out only if it is necessary to make an entry or issue a document.

Most of the time he should remain isolated; in no case should strangers be allowed to see the books and the information contained in them.

Upon dismissal

In the event of termination of an official relationship with an employee, the employer is obliged to issue him a work book on the last day of work of the subordinate. If the latter is absent from the workplace for a certain reason, the manager is obliged to send him a notice of receipt of the work permit or of consent to send this document by mail. This needs to be remembered.

When an employee is dismissed, the work book must be issued to the employee along with the final payment. That's how it's supposed to be by law.

Upon written request from an employee who has not received a work permit, the employer is obliged to issue it no later than three days from the date of the latter’s request. Otherwise, the employee may file a complaint with the prosecutor’s office and even the court.

Deadlines

How long does the employer have the document? Exactly throughout the entire period of a person’s working activity. There are some short-term exceptions when the book can be given away, but this will be discussed later.

At the end of the employment relationship, that is, upon dismissal, the document is issued only to the owner. In the event that the death of an employee occurs, relatives can pick up the document against signature.

If an employee has been fired, he must pick up the document from his previous place of work as quickly as possible. Employees put such a book aside from others and give the person 3 months to comply with the requirement. If the book is not collected, then the following actions are observed:

In the document itself, a note is made that the employee does not have a work permit; he did not collect it within the period prescribed by law.
In the personal account card that was previously opened for the employee, an entry is made that the document is not in the hands of the owner, the same entry is left in the registration journal.
Documents confirming the employer’s attempts to return the employee’s labor are included in the personal file.

After 3 months, the work book is considered unclaimed and must be stored along with all documents, only in a separate bundle. Can an employee pick it up? Of course, he must pick her up from the enterprise.

Note! Books recognized as unclaimed are stored for 2 years in the personnel department, then transferred to the archive for storage for at least 50 years.

Maintenance process

How to keep a work book? The work record book becomes the object of activity of personnel specialists after hiring an employee for permanent work and concluding an employment contract with him.

Since the acceptance of a person to a position is carried out by order, the corresponding order will play an important role in working with this document.

In general, the management process is based on the provisions of Article 66 of the Labor Code of the Russian Federation, it consists of:

in making appropriate entries reflecting the employee’s career progression within the organization;
in making entries on incentives or disciplinary sanctions on the basis of Article 191 of the Labor Code of the Russian Federation;
in proper storage and delivery;
in responsibility for the transfer to the employee after his dismissal.

After entering information about employment, the document is stored in a safe or other place, which must constitute a professional secret of the personnel service and not be subject to disclosure.

When a new entry is made, it is withdrawn while the information is being processed and returned to its place. Upon dismissal of an employee, the book is returned to the owner against signature, subject to registration of issue.

The entries made comply with the requirements of the established Rules (No. 225) and regulatory instructions, according to which they:

They are written in template, unified formulations.
They are entered without blots or errors and correspond to the wording of the order.
They rely on the foundations of articles of the Labor Code of the Russian Federation.
If the employee makes the first entry in the Labor Code, he puts his signature on the title page.

Please note that the signature of the person responsible for maintaining work books must be legible, namely it must indicate:

job title of the person who signed the document;
personal signature;
decryption of signature (initials, surname).

The employee’s right to maintain technical documentation

Who keeps work books for each employee? If the organization has a personnel department (HR department), employees are determined in accordance with job descriptions prescribed for certain positions. As a rule, in this case, the head of the department and persons on his orders have access to the documents.

If there is no such department, the person responsible for maintaining the TC’s office work is appointed by order of the director (manager). The existing employee books are transferred to him by deed. In small organizations, the manager keeps records personally.

An important aspect of the right to work is the responsibility imposed on the person authorized to work with personal data. Since employee books and the information entered in them relate to personal data, the employee must first undergo training and sign for familiarization with the work rules.

Is it possible to receive the document in hand?

In some exception cases, it is allowed to hand over the document to the owner . In all other situations, a citizen has the right to request a certified copy of a document or an extract from it. Government authorities are not authorized to request the originals of the document, so if you need it, then you can get by with a copy.

An employer can issue a document if:

The employee needs mandatory social security, for example, a pension, provided that the employment relationship has not been terminated. In this case, the employee writes a statement, picks up the work permit and undertakes to return it within 3 days. This period is calculated from the moment of receipt of the book from the social security authority.
Upon dismissal, as previously stated.

As you can see, there are not many options, this is due to the importance of the work record, as well as the possible liability of the employer for violating storage rules.

The entire process of moving the work book is recorded in the accounting book (journal). It makes a note about when the document was received by the enterprise; who, when and why took him, details; when a person was fired.

Some nuances

Very often, citizens wonder whether it is possible to receive a work permit in person without dismissal from work, if this document is necessary for assigning a pension? To answer this question, you need to refer to the stat. 62 TK. This norm clearly states that, upon a written application from an employee, the employer must issue the latter (no later than 3 working days from the date of submission of the application) a work book for the purpose of mandatory social benefits. employee insurance.

Thus, a subordinate has the right to demand the issuance of a work permit if he really needs it. There is nothing illegal here.

Responsibility for safety

Due to the fact that all data about the places and duration of a person’s work is concentrated in the work book, if it is lost, the possibility of recovery becomes more difficult. Currently, there is no common database that would store all the information about each employee of the Russian Federation, so the loss of a book is a rather problematic issue that it is advisable to avoid.

If a person is unemployed and not officially employed, then he himself is responsible for the integrity of the document. Throughout the employment, the employer becomes responsible for safety.

IMPORTANT! Article 13.25 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of the rules for storing and recording work books. A fine of 200,000 to 300,000 rubles may be imposed on organizations, and on officials from 2,500 to 5,000 rubles.

In some cases, criminal liability may arise, for example, if an employee is refused to issue a document, or if established rules are not followed, which resulted in loss.

Results

As a particularly important personal document of an employee, a work book requires careful treatment and safety. Failure to comply with legal requirements for storing personnel records may result in financial and criminal liability.

Sources:

Decree of the Government of the Russian Federation “On work books” dated April 16, 2003 No. 225
Labor Code of the Russian Federation
Code of Administrative Offenses
Criminal Code of the Russian Federation

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Employer's actions in case of loss

Despite the fact that in most cases the enterprise has a special storage or devices for work books, there are cases of their loss. What happens in this case and what features exist in different situations? The most common cases are:

Intentionally or through negligence, one of the HR department employees lost or damaged the document. A duplicate must be issued immediately. In this case, this responsibility is assigned to the employer; information about the period of work of the employee in this organization is indicated. In addition, a generalized note is made about past places of work.
A natural disaster or emergency , as a result of which all documents are irretrievably lost or damaged. In this case, a special commission is formed, which determines the work experience of each employee on the basis of the remaining documents, or the testimony of other employees, the employer.

In any case, if the work book was lost or damaged due to the fault of the employer, the responsibility for restoration rests with him . I would also like to draw your attention to the fact that if the book forms were damaged, then the employees do not simply throw them away, but create a write-off act and destroy them in the designated place.

Accounting Rules

Special Rules for maintaining work books have been established. Since the employees of an enterprise often change, some get hired, and some quit, it is necessary to keep records of work books.

For this purpose they are used:

receipt and expense books;
logbook for issuing and receiving TC.

The receipt and expenditure book records the forms received and used.

The responsible accounting employee enters the details of the forms in the book, as well as other information that relates to them.

An employee of the HR department is responsible for maintaining the accounting log, who deals with the procedure for registering new employees, as well as dismissal.

This document must contain information about all issued and issued books. In addition, it records the books that new employees submitted when registering.

Important! Both the receipt and expenditure book and the accounting journal must be stitched, the pages are numbered and certified with the company seal.

If a company has branches, employees’ technical records are still stored in one place - in the main office. Storage of technical documentation is also possible in branches, but this will require the creation of a unified personnel service. The director of the branch will draw up books and keep records of them only if such an order is received from the head of the enterprise. Such actions by the branch director without a corresponding order from management will be considered illegal.

To obtain the forms, the HR employee or responsible person needs to request them from the accounting department. At the end of the month, you will need to create a report on the availability of forms.

If the TC was damaged when filling it out, it must be destroyed, but only by order of the manager. Storing damaged documents is prohibited.

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Sometimes unclaimed technical equipment remains at the enterprise. This happens, for example, when an employee died and his relatives did not need this document. Such documentation must be stored for two years, and after that they are transferred to a special authority. archive of the enterprise, where they will be stored for up to 50 years. Only after this they must be destroyed.

The books of dismissed employees should not remain at the same place of work. They are issued immediately on the day of dismissal along with cash payments. In addition, the books of a deceased employee can be transferred to his relatives against signature. In case of refusal to receive a technical certificate, the employer sends it to the owner by mail.

Power of attorney to receive: why is it needed, how to draw it up?

A power of attorney allows an outsider to carry out some important actions for you, which are specified in the form itself.

For example, these actions may be associated with the submission or, conversely, with the collection of any documents. If an employee, for some reason, cannot pick up a work book, any other person can do this for him if he has a power of attorney.

The power of attorney must be properly executed by a notary. So, it must contain the seal and signature of the notary who heads the notary’s office, as well as the passport details of your trustee and yours.

Don't forget to write down the main functions that you allow the person you trust to do on your behalf, and the period during which the power of attorney is valid.

By presenting a power of attorney, your representative can easily pick up your work record book. Without resorting to your appearance at your former place of work.

Power of attorney to receive a work book upon dismissal - sample.

Liability order

The transfer of work books and cases related to them occurs after the signing of the liability order. In the matter of registration and storage of work books, the person responsible for them reports directly to the management of the enterprise in case of any changes. The responsible person may be temporarily relieved of his duties in the following cases:

illness}
going on vacation}
due to family circumstances.

The manager is obliged to appoint another employee in place of the absent person responsible for the work book. Along with his appointment, an order is issued, according to which this employee is temporarily responsible for the procedure for storing and processing labor records. The order is issued in each individual case, since it regulates the duties of employees in a particular activity.

Is it necessary to put some kind of entry in the work record indicating that it was issued?

Many employers unknowingly spoil employees' work books with incorrect and incorrect entries. Thus, many employers believe that the dismissal record must reflect the fact that a work book was issued. But, unfortunately, by doing this, they make a mistake.

It is impossible to mark the fact of receipt of a document in the TC.

Especially in this form. As a last resort, the employee himself can sign that he has read the order, which means he has received the work permit.