The main document confirming work experience is kept by the employer, so in situations where you need to present it to any authorities or organizations, first submit an application for a work book at your place of work.
When can such a situation objectively arise? A work record book is required when applying for a pension, obtaining a loan, taking advanced training courses, etc. But the employer is not always obliged to satisfy the request to hand over such a document. What are these cases, what to do when the law does not provide for the issuance of a work book - we will talk about this here.
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Application for issuance of a work book
The procedure for registering a work book
A work book is a document reflecting the work history of a citizen. When a person applies for an old-age pension, it is the work book that serves as official confirmation of his work experience.
Please note: a citizen does not have the right to fill out his work book on his own; this is the responsibility of the personnel officer or other representative of the employer. The law does not oblige a new employee to write an application for a work book for the first time, but a sample of it will be useful if such a document is provided for by the rules of the employing organization.
If an employee for whom a work book was opened at the first place of work gets a job in another company, a second book is not issued. In the second place of work, the citizen works part-time. The law leaves it to the discretion of the employee whether or not to include information about this work period in the work book. An appointment for a second place of work is made by the personnel officer at the main place; for this you need to present him with a supporting document (a certificate, or a copy of the order, or a copy of the employment contract).
This is important to know: Work record book for transfer to another position: sample 2021
If the personnel officer is the owner of the labor
When applying for a job in the HR department, a person should not fill out his own TC, since he always has alternative opportunities. In addition to the personnel officer, the employer can fill out any book. Labor HR will be no exception.
Accordingly, he can sign only in the place where the owner of the labor document signs, and below:
- signed by the employer;
- or a working (other) personnel officer;
- or a special authorized person.
The authorized person must be determined by a special order.
Among the negative reasons in this regard is the fact that a person without a work permit (see here) is not considered a full-fledged employee, even if there is an order and an employment contract. If we are talking about dismissal, the question can be posed somewhat differently.
Purchasing a work book
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
When figuring out how to get a work book for the first time, it is important not to make a mistake about who should purchase the document form - the employee himself in a bookstore (at the market, at a kiosk) or the employer.
It is not recommended to buy a work book form yourself, since there is a risk of buying a copy that does not meet current standards or was manufactured by an enterprise that does not have the right to produce such forms.
Important: the employer is obliged to purchase work books for staff, and he does not have the right to demand that the hired employee buy the form on his own.
The employer must also:
- maintain a special book for recording the issuance, storage and receipt and expenditure of work books, where documents of new employees are registered;
- store workers’ work books, being responsible for their safety;
- hand out a work book to the employee upon his dismissal, making an appropriate entry in the above book.
Does the application need to be certified?
Expert opinion
Davydov Alexander Yurievich
Civil law consultant with 20 years of practice. Author of numerous articles on legal topics
The application must be certified by the personal signature of the employee. Upon receipt, the employer's responsible person will need to record the date of receipt in the incoming correspondence log.
This is necessary for drawing up a report to the Pension Fund of the Russian Federation. The report form contains a line where you need to indicate the date of receipt of the application from the employee. And by the 15th of the next month, all information must be transferred to the Pension Fund.
For example, accountant P. submitted an application on March 18, 2021; her choice must be reflected in the report and sent to the Pension Fund by April 15.
If you choose to maintain a work record book only in digital form, the paper version is given to the employee. In this case, the last entry is made with the date of issue and the basis containing information that the work book was issued in accordance with the employee’s application and Art. 66.1 Labor Code of the Russian Federation.
Records of the current employer, as well as information about incentives, must be certified by a seal.
Storing the document and issuing it to the employee
A work record book stored in an organization cannot be handed over to an employee during the period when they are in an employment relationship with the employer. If an employee needs this document to be submitted to one or another authority, the citizen must contact the employer with an application for a copy of the work record book or an extract from it.
The employer is obliged to satisfy this application, and the authorities do not have the right to demand the original document from the person whose work book is kept at the main place of work.
conclusions
If the need arises, the employee can receive his work permit in hand. To do this, they prepare and submit a corresponding application to management.
The employer has no right to refuse to issue it. Even the absence of a reason to obtain a book is not a reason for refusal.
The manager is given 3 days from the date of receipt of the application to fulfill the employee’s request. This point is regulated by the current legislation of the Russian Federation, in particular, Article 66 of the Labor Code.
general information
Surely many have lost or heard from friends about the loss of a passport of a citizen of our country. Of course, the situation is not pleasant, but you must admit that the passport can be restored since all the information contained in it is stored in the FMS office.
the restoration of work records is different . If you have lost your work book, how can you get a new one and what entries should you make? How to correctly fill out a new work book if the old one is lost?
This means that if it is lost, it is almost impossible to properly restore all the information contained in them. As sad as it may be, such situations happen quite often.
Some people lose their work documents on their own, while others lose them in the organization’s archives.
One way or another, if such a situation occurs, a new work book is urgently needed to replace the lost one.
The question also often arises: if the work book has expired, how to start a new one? We will try to answer these questions in our article. So, how to properly issue a new work book?
Law on the transition to digital format of information about experience
The law on the introduction of electronic work books in Russia has already been adopted (Law dated December 16, 2019 No. 439-FZ). It came into force on January 1, 2021.
During 2021, there will be a gradual transition to electronic work books.
But is it necessary to switch to electronic work books? Yes, employers are now required to submit information about all their employees to the Pension Fund to generate information about their work activities in electronic form (Article 66.1 of the Labor Code of the Russian Federation).
But workers are not required to switch to electronic work books. They have the right to inform the employer that they want the work record to be kept on paper, as before.
Who buys and pays for the work book form
An employer does not have the right to require a new employee to buy an employment form himself. Work books are strict reporting forms produced by Goznak, which the employer must keep records of in a special income and expense book. Forms are purchased from their manufacturer or distributor on the basis of an agreement with him (clauses 3 and 4 of the Procedure for providing employers with forms, approved by Order of the Ministry of Finance dated December 22, 2003 No. 117n).
The employer cannot accept new employment forms from people applying for a job, since he has no way to verify their authenticity. In addition, Art. 65 of the Labor Code of the Russian Federation directly obliges the employer to draw up work books for employees, for which the enterprise must have a supply of blank book forms and inserts for them (clause 44 of the Rules for maintaining and storing work books).
The employer may charge the employee the cost of the work book, taking into account the costs of acquiring it. In practice, this means that the price may include not only the price of the form itself, but also, for example, transportation costs.
How to formulate a statement, features of the document
If you are reading this article, then you are probably faced with the task of drawing up a statement about the loss of your work book. Before providing you with a detailed description of the document, we will give some general information that is relevant to all such papers.
- First, keep in mind that almost any application today can be written in any form (with the exception of those submitted to government agencies - where you usually need to fill out unified forms). Of course, if the employer requires you to formulate an application using the template he provides, you should use this method.
- Secondly, a regular sheet of paper of any format convenient for you is suitable for the document - preferably A4 or A5. The application can be written manually or typed on a computer, but it is advisable to immediately check with the personnel department which option they need - printed forms are not accepted everywhere. If you have made an electronic text, you need to print it out in any case - this is necessary so that you can put your signature on it.
- Make the application in two copies - give one of them to the employer’s representative, keep the second for yourself, having previously secured a mark on it that you have received a copy. In the future, such a precaution may help you - for example, if an employee of the HR department states that there was no statement about the loss of employment and refuses to issue a duplicate.
SZV-M for individuals working under the GPA
Let’s say right away that there is no need to include self-employed performers under the GPA in SZV-M, because your company is not the insurer in relation to these persons (clause 1, article 7 of the Federal Law of December 15, 2001 No. 167-FZ, clause 1, article 419 of the Tax Code of the Russian Federation.)
Let us remind you that information about insured individuals working under the GPA must be reflected in the SZV-M for all periods of the contract, regardless of the signing of the act and payment.
Within the company, organize the document flow so that information about all transactions with individuals working under the GPA is available to the employee responsible for preparing and submitting the SZV-M.
Distant work. New rules apply from January 1, 2021
The amendments introduced by Federal Law dated December 8, 2020 No. 407-FZ to Ch. 49.1 of the Labor Code of the Russian Federation, we highlight the main points:
- now you can approve the procedure for remote work in a local regulation or employment contract;
- the time the employee interacts with the employer is considered working time;
- In addition to the general cases established by the Labor Code of the Russian Federation, you can dismiss a remote worker on two more grounds:
- does not contact for more than 2 working days in a row;
- cannot work under the same conditions due to moving to another area;
- an employment contract should be signed (amended, terminated) only with an enhanced qualified electronic signature (hereinafter referred to as ES), for an employee an enhanced unqualified (ES) is allowed;
- You can interact with an employee in any way, the main thing is to record the receipt of electronic documents; the specific procedure should be established in a local regulation or employment contract;
- the company will have to provide the employee with equipment and other facilities, he can also use his own (rented) property, but in this case he must be compensated for his expenses;
- Two types of temporary remote work are defined:
- continuous - for a period of no more than 6 months,
- periodic - when there is an alternation of work at home and in the office;
- Emergency remote work mode is introduced in two cases:
- based on a decision of a state authority or local government;
- in cases of a threat to life or normal living conditions, for example, an epidemic, industrial accident, fire, etc.
The emergency regime is introduced by the adoption of a local regulatory act; in this case, it is not necessary to obtain employee consent for the transfer and make changes to employment contracts.
If the company cannot switch to remote work due to its type of activity, the employee will have to pay the employee for downtime for reasons beyond the control of the parties in the amount of at least two-thirds of the salary (tariff rate).
For large companies, it will be more convenient to develop and approve the procedure for remote work in a local regulatory act, and, if necessary, make changes to the Internal Labor Regulations and Regulations on Remuneration, etc. If the organization is small, establish the procedure and conditions for remote work in employment contracts with employees.
At the beginning of the year, the HR officer needs to check the terms of employment contracts in terms of compliance with amendments to the Labor Code of the Russian Federation on remote work, and if necessary, make changes to them by concluding additional agreements with employees.
Legislative basis
Work books currently exist only on paper, but in 2021, as part of the implementation of the national project “Digital Economy”, an electronic version of the document will begin to circulate in Russia.
The employer’s obligation to maintain a work record book is regulated by Part 1 of Article 66 of the Labor Code of the Russian Federation. In accordance with it, if an employee has worked in an organization or with an individual entrepreneur for more than 5 days, a record of this must be in the work book.
The employer, represented by the employee appointed by the relevant administrative document, most often a human resources specialist, is responsible for the safety of work records during the entire time the employee works in the organization (in an enterprise, with an individual entrepreneur).
The form of work books is also established by law, namely by Government Decree No. 225 of April 16, 2003.
