Legislative framework for correct maintenance of labor documentation
The Ministry of Labor and Social Development of the Russian Federation has prescribed clear instructions for filling out all fields in the work books of enterprise employees.
The Government of the Russian Federation has developed and approved Rules for their maintenance and storage. The Instructions and Rules must be strictly followed by the HR department of each employer.
All entries in labor documents (books) are made in accordance with the Labor Code of the Russian Federation.
Article 66 The Labor Code of the Russian Federation obliges the employer to create a work book for each employee if he has worked for him for more than 5 days, and this position is the main one. The exception is employers - individuals who do not conduct individual entrepreneurial activities.
See the full text of Article 66 of the Labor Code of the Russian Federation below:
Is the document handed to the employee or transferred to the organization?
The rules established by the Labor Code of the Russian Federation stipulate that the work book must be among the documents that are issued to the employee upon dismissal (in fact, it is the only mandatory one from their package - all other documents can be issued at the request of the resigning employee, but if he will not be required, they will not be specially compiled). But is it possible that the book is not handed out, but sent directly to the new employer?
It should be noted that labor law provides only one option for dismissal: transferring the book and other documents directly into the hands of the resigning employee. However, this does not mean that sending a work book (by mail, courier delivery service or with the help of third parties) directly to a new employer is prohibited.
However, any other option, other than receiving the document directly by the employee, must be agreed upon with the resigning person and carried out only with his written consent . Otherwise, a situation may arise in which it turns out that the employer has not fulfilled its obligations to the former employee.
In this case, the previous organization where the resigning employee previously worked may bear administrative and civil liability for violation of the law. It is precisely in order to avoid this that written consent from the former employee is required.
Information displayed in work books
According to part 4 of the Labor Code of the Russian Federation and 4p. Rules, data in the books must contain information about the employee, his position, transfers to other positions, dismissals, grounds for termination of working relationships, data on the employee’s successes, incentives, awards and punishments.
Information about official salary, bonus payments, allowances is not displayed in the work book . All cash payments are included in the collective agreement or labor acts, collective agreements. Entering information about wages and other payments is illegal.
Records of the employee’s temporary movements are not included in the labor document. They are registered in the employee’s personal card (No. T-2).
What payments are given to the employee?
Based on the provisions of Art. 84 of the Labor Code, when transferring on the day when the contract between the employer and employee is actually terminated, the employee is paid a salary for the period of time worked. If he has unused vacation, he is additionally awarded compensation for it.
In Art. 149 of the Labor Code contains information that if a specialist is absent from work on the day of actual dismissal, then in order to receive payments he will have to draw up a corresponding application in the future. If a citizen is on sick leave during the period of dismissal, then this period is paid for by the current employer.
In Art. 236 of the Labor Code states that if the employer, through his own fault, does not transfer the necessary payments to the employee, then the specialist may demand compensation. If compensation is not paid, the employee can file a complaint with the labor inspectorate or court.
Change of labor obligations without changing department
Data on transfer to fill another vacant position in the previous structural unit must contain:
- serial number of the record itself;
- date of entry in the work book;
- entry “Transferred to position ___”, reason – paragraph of Article No. 72 of the Labor Code of the Russian Federation;
- registration data of the transfer order (number and date), seal (stamp) of the enterprise.
Changes in both labor obligations and structural unit
In the event of a change of employer and position, written approvals must be made. Recommended procedure if the initiator of the transfer is the employer:
- the manager of the host party sends a written request to the current employer. The request must contain information about the position being provided and the date of the proposed transfer;
- the current employer, having reviewed the request, must obtain confirmation from the employee;
- upon receipt of consent from the employee, the process of drawing up a confirmatory application for transfer is underway and sent to the personnel department of the employer enterprise;
- the corresponding fields in the work book regarding the termination of the working relationship are filled in, indicating the reason.
Recommended procedure in case the initiator of the transfer is an employee:
- a letter of resignation is written with the obligatory indication of its reason “In connection with the transfer to (name of enterprise) _____ to the position of ___”;
- the current manager must send a request to the receiving unit indicating the wishes of his employee;
- After confirmation, appropriate entries are made into the employment document regarding the employee’s dismissal.
The employee’s labor document must contain the following records of transfer (movement) to another position in another department:
- number in order of the entry itself;
- date of making entries in the work book;
- the entry itself “Dismissed due to transfer to (name of enterprise) position ___”;
- reason - paragraph 5, 77 of article “Labor Code of the Russian Federation”;
- number and date of the transfer order;
- seal (stamp) of the enterprise.
Dismissal by transfer, entry in the work book:
What to do if they do not issue a work book upon dismissal, and who should sign the work book upon dismissal - read here.
Nuances of drawing up an invitation
Every company manager is interested in having experienced, qualified and professional employees working for him. Therefore, there is often a need to hire specialists from other organizations. For this purpose, the management of the enterprise draws up a special invitation in writing.
Such a document must include the following information:
- the date when the specialist will be hired for a new job;
- the position proposed for him at the enterprise;
- assigned salary;
- other information important for every specialist.
Usually the invitation is accompanied by a sample agreement that will be concluded between the two parties. This will allow you to assess the feasibility of dismissal by transfer for a specialist.
The issue of such a transition must be agreed upon with the current employer. Based on Art. 72 of the Labor Code requires consent to the procedure from the employee himself, so he is obliged to write a special statement. It is considered simple to compile. Below is a sample of it. Dismissal by transfer assumes that, on the basis of such an application, the current employer will send written consent to the procedure to the future manager.
Changing a structural unit without changing job responsibilities
The transfer of an employee from one employer to another must be formalized as a dismissal by transfer, but not as a transfer. The work book must contain a record from the HR department about the dismissal of an employee from one organization and a record about hiring for a position in the order of transfer to another department.
A transfer (relocation) to the same position in another unit is completed as follows:
- serial number of the record,
- date of filling out the work book,
- the entry itself is “Dismissed due to transfer to department ___ for position ___”, the reason is paragraph 5, article 77 of the Labor Code of the Russian Federation,
- number and date of the transfer order,
- seal (stamp) of the enterprise.
Sample entry in the work book about dismissal in the order of transfer:
Entry in the work book about transfer to another organization - sample:
If an insert was used to make entries in the work record, then this should be reflected in the receipt and expenditure book for recording forms of work books and inserts.
Advantages of dismissal by transfer
Obtaining a new job as a result of a transfer to another organization is more beneficial to the employee due to the fact that:
- if there is a written invitation, the citizen is guaranteed to get a job in a new company within 30 days after leaving his previous place, but it should be noted that the period is not extended during the illness of the invitee, since the Labor Code of the Russian Federation does not indicate actions for such a reason;
- the new place of employment does not provide for the use of a trial period in relation to a new specialist (Article 70 of the Labor Code of the Russian Federation);
- by agreement with the management, the 2-week period of compulsory service at the old place can be canceled;
- expenses for relocation of a citizen and his family members, as well as transportation of property, are reimbursed if the new employer is located in a different area;
- Some categories of employees may be granted leave at a new place for 6 months previously worked (those going on maternity leave, immediately after leaving maternity leave, persons under 18 years of age).
For an organization, the transition of a citizen to a new place can be beneficial in a situation with staff reduction or liquidation of an enterprise - you will not have to pay severance pay.
Responsibility of employers and employers for violation of rules
According to the articles of the Labor Code of the Russian Federation, it is prohibited to refuse an employee to conclude a new employment agreement (contract) if he was invited to transfer. The ban is valid for one month from the date of dismissal (Article 64 of the Labor Code of the Russian Federation).
For refusal of employment, the Code of Administrative Offenses of the Russian Federation provides for a fine ( from 500 to 5 thousand rubles ) and possible disqualification of the head of the enterprise.
The previous employer is also responsible. An employee has the right to appeal violations in court and reinstate him to his previous position ( Article 394 of the Labor Code of the Russian Federation ).
No abbreviations or acronyms are allowed when filling out fields in the work book. All records are made only by authorized officials, certified by seals (stamps), signatures of the company’s managers and the signature of the employee himself. A record of an employee’s dismissal is made directly on the last working day. Remember, the period for issuing a work book upon dismissal is limited. You also need to know what to do if an employee does not come for a work book.
