About dismissal (termination of the employment contract). Record of dismissal in the work book Work book of one's own free will sample

Recording in work book about dismissal: 3 rules for entering information + 5 components of the record + 5 most common reasons for dismissal, in addition to one's own desire.

The work of an HR officer is complex and responsible.

The price of an error made in the personal documents of the members of the team is high, not only for the owner of the papers themselves, but also for the personnel officer, who can be punished with fines.

Very often, the personnel department has to make an entry in the work book about dismissal.

Every good specialist should know about the main types of wording, about the acceptable form of making changes, about the articles of the Labor Code of the Russian Federation that correspond to each type of termination of the contract.

General rules for making an entry in the work book about dismissal

An officially registered employee must have a work book, which is stored in the personnel department and in which the responsible person makes entries about hiring, promotion, and termination of the contract.

1. What should you know about the rules for filling out work books?

The procedure for dismissal, provided for by the legislation of the Russian Federation, is quite simple, especially if the mercenary decided to change his place of work on his own initiative, and is not expelled by management for some kind of misconduct.

And yet there are a number of rules, and first of all they relate to the preparation of relevant documentation and making entries that cannot be violated.

The day of dismissal is identical to the last day the specialist was at the workplace. If, after writing, the employee worked for another 2 weeks, then the day of his calculation is the 14th day after revealing his desire in writing.

It is on the day of his dismissal that the employee must receive:

• calculation (salary for the time worked by him);
• certificates (on work activities, paid contributions, etc.);
• a work book with a text on the termination of the contract drawn up in accordance with all the rules.

It is impossible to make an entry in the labor without drawing up an order from the management that the contract is terminated with a specific employee.

Not only the personnel department, but also the person leaving should be familiar with this order.

When making an entry in the work book about the termination of the contract, the personnel officer must remember that:

1. Information about the dismissal must be preceded by a record of hiring the employee.
2. All data must be recorded with the signatures of the management and the seal of the company.
3. The dismissed person himself must make sure that all the data in the labor record is entered correctly and confirm this with his signature.

The dismissed person is not obliged to personally collect his documents if he does not have such an opportunity. You can send him the entire package of papers by mail or send it by courier.

2. The main components of the entry in the work book upon dismissal.

The record of dismissal in the work book, which is made by the specialist, must be:

• truthful (it is impossible, for example, to falsify the dates of the duration of the contract);
• correct (formatted according to all the rules and without errors).

It is this text that will not cause claims from the inspection authorities.

The notice of termination must contain the following information:

1.	Sequence number of the entry
2.	Date of changes to the labor
3.	Termination information employment contract based on one of the articles of the Labor Code of the Russian Federation
4.	Details of the issued termination order labor relations
5.	Signatures of the personnel officer (head of the company) and former employee, which indicates that the generated records are recognized as correct

If you follow the general rules for filling out work books, you will never encounter claims from either the tax office, or the inspectorate, or the dismissed person himself, who may have problems due to the fact that you entered the data incorrectly.

Why does an employee decide to quit and how to properly arrange everything in a work book?

The most common reason for the change of place of work of workers throughout the country is their own desire to leave for another employer.

The legal right of an adult to seek the most comfortable place of work for himself.

The duty of the personnel officer is to correctly make an entry in the labor, indicating the reason for the calculation:

1. Retirement for old age.
2. The initiative of the hiring party in connection with:
   • violation of discipline;
   • drunkenness;
   • poor performance of duties;
   • downsizing;
   • financial difficulties of the company, etc.
3. (when neither the employer nor the employee has anything against the bilateral termination of the contract).
4. Circumstances beyond the control of the parties, for example, the recruitment of a specialist into the ranks of the Russian army.
5. Any good reason:
   • admission to an educational institution;
   • Moving to another city;
   • the need to follow the husband / wife on a long business trip, etc.

To do this, you should carefully study articles 71, 77, 81 and 83 of the Labor Code of the Russian Federation.

It happens that the employee himself demands not only to write “fired own will”, and indicate the reason that caused this desire.

Here the personnel officer should act at his discretion.

If there is a document confirming this good reason (certificate from the university, pension certificate, certificate from the husband / wife's place of work on a business trip, etc.), then the corresponding entry can be made.

If the whole thing is the whim of a disgruntled mercenary, it is better to refuse.

Oksana Ivanovna was an excellent accountant, but she had a very complex character, which deteriorated even more with the arrival of a new director in the company.

It was difficult for the management to find a common language with the chief accountant, and, nevertheless, the director did not dismiss Oksana Ivanovna, marking her as a good specialist.

After another conflict, Oksana Ivanovna wrote a letter of resignation. The leadership, tired of the tense situation, signed it and ordered to issue an appropriate order.

A new round of conflict began when the former chief accountant began to demand from the personnel officer to write in the labor: "Fired on her own initiative, because it is impossible to work with such a bad director."

Naturally, the employee of the personnel department refused to make such an entry, referring to the absence of such a clause in the Labor Code of the Russian Federation.
And she did exactly the right thing.

How to make an entry in the work book about dismissal of one's own free will?

The reason for dismissal, which occurs most often, is of one's own free will.

Such a wording is a compromise that both employers and employees agree to, even when the real reason is a conflict of parties, pressure from the hiring party, errors in the work of an employee, or something else.

Voluntary dismissal is an opportunity to save face for an employee, which greatly simplifies the work of personnel officers.

The Human Resources department can choose one of two valid wordings:

Both are true and have the same legal force.

Just do not forget to write down in the labor work which part of Article 77 of the Labor Code of the Russian Federation became the basis for creating the entry.

If the specialist is of his own free will, then the entry in the work book will look like this:

Sample work book.

How to make an entry in the work book?
Dismissal of an employee.

An entry in the employment record about dismissal: the most common samples

There are two main forms of entering data into the book, which indicate the calculation of the specialist: "Fired ..." and "Labor contract terminated ...".

Both options are considered valid and can be used to make changes to the documentation.

To correctly, pointing to the basis, formulate the text, use the following table:

Base for dismissal	Article of the Labor Code of the Russian Federation	Record Sample about dismissal № 1	Record Sample about dismissal № 2
By agreement of the parties	Art. 77, part 1, item 1		Dismissed by agreement of the parties, paragraph 1 of the first part of Article 77 Labor Code Russian Federation
Dismissed by agreement of the parties, paragraph 1 of the first part of Article 77 of the Labor Code of the Russian Federation	Art. 77, part 1, item 2	Dismissed due to the expiration of the employment contract, paragraph 2 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to the expiration of the employment contract, paragraph 2 of the first part of Article 77 of the Labor Code of the Russian Federation
Of your own accord	Art. 77, part 1, item 3	Dismissed of his own free will, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated at the employee's own request, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation
In the order of transfer at the request of the employee	Art. 77, part 1, item 5	Dismissed by way of transfer to the Sea Limited Liability Company at the request of the employee, paragraph 5 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated in the order of transfer to the Limited Liability Company "More" at the request of the employee, paragraph 5 of the first part of Article 77 of the Labor Code of the Russian Federation
In the order of transfer with the consent of the employee	Art. 77, part 1, item 5		Dismissed by way of transfer to the Sea Limited Liability Company with the consent of the employee, paragraph 5 of the first part of Article 77 of the Labor Code of the Russian Federation
Refusal to continue work due to change of ownership of property	Art. 77, part 1, item 6		The employment contract was terminated due to the refusal to continue work in connection with the change of ownership of the organization's property, paragraph 6 of the first part of Article 77 of the Labor Code of the Russian Federation
Refusal to continue work due to a change in the jurisdiction of the organization	Art. 77, part 1, item 6	Dismissed due to refusal to continue work in connection with a change in the jurisdiction of the organization, paragraph 6 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to the refusal to continue work due to a change in the jurisdiction of the organization, paragraph 6 of the first part of Article 77 of the Labor Code of the Russian Federation
Refusal to continue work in connection with the reorganization of the enterprise	Art. 77, part 1, item 6	Dismissed due to refusal to continue work in connection with the reorganization of the organization, paragraph 6 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to the refusal to continue work in connection with the reorganization of the organization, paragraph 6 of the first part of Article 77 of the Labor Code of the Russian Federation
Refusal to continue work due to changes in the terms of the employment contract	Art. 77, part 1, item 7	Dismissed due to refusal to continue work in connection with a change in the terms of the employment contract determined by the parties, paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to the refusal to continue work in connection with a change in the terms of the employment contract determined by the parties, paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation
Refusal to transfer to another job required for medical reasons	Art. 77, part 1, item 8	Dismissed in connection with the refusal to transfer to another job, necessary in accordance with the medical report, paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to the refusal to transfer to another job, necessary in accordance with the medical report, paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation
The absence of the employer's work required by the employee for medical reasons	Art. 77, part 1, item 8	Dismissed due to the employer's lack of work necessary for the employee in accordance with the medical report, paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to the employer's lack of work required by the employee in accordance with the medical report, paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation
Refusal to transfer to another job in another area together with the employer	Art. 77, part 1, item 9	Dismissed due to refusal to transfer to work in another locality together with the employer, paragraph 9 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to the refusal to transfer to work in another locality together with the employer, paragraph 9 of the first part of Article 77 of the Labor Code of the Russian Federation
Violation of the established rules for concluding an employment contract	Art. 77, part 1, item 11	Dismissed due to violation of the established (Labor Code of the Russian Federation) rules for concluding an employment contract, paragraph 11 of the first part of Article 77 of the Labor Code of the Russian Federation	The employment contract was terminated due to violation of the established (Labor Code of the Russian Federation) rules for concluding an employment contract, paragraph 11 of the first part of Article 77 of the Labor Code of the Russian Federation

The contract can also be terminated at the initiative of the employer, not the employee.

Then, when entering data into the labor one, you need to refer to Article 81 of the Labor Code of the Russian Federation:

Having made an entry in the work book about the dismissal and securing it with signatures with a seal, give the document into the hands of the dismissed specialist. You are no longer responsible for his book.

The obligation of the employer to make an entry about the dismissal in the work book upon termination of the employment contract with the employee is established by the requirements of articles 66 and 84.1 of the Labor Code of the Russian Federation, as well as the "Instruction on the procedure for maintaining work books at enterprises, institutions and organizations", approved by the Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 city ​​No. 69.

The procedure for filling out a work book upon dismissal

The main guide for HR specialists, which regulates the execution of a work book upon dismissal in the most detail, is the “Instruction” of the Ministry of Labor, which establishes the requirements according to which the work book must be filled out upon dismissal, sample 2018 according to the wording and confirmation of the record.

• the procedure for making entries and their wording;
• reflection in the record of credentials;
• a link to the administrative document, according to which the employee was fired.

Each mark in the dismissal work book must be made in accordance with the requirements of the Instruction and the wording specified in the dismissal order.

How to fill out a work book upon dismissal

The correctness and correct execution of the notice of dismissal is extremely important. An entry is only valid if, when written:

• affixed serial number records;
• the date of dismissal is indicated in the format "day, month, year";
• the full wording of the dismissal is indicated, which should include:

• the number of the article under which the employee was dismissed - in numerical terms,
• legal wording of the dismissal clause,
• supplementary part to the main wording - indicated by the employee in the letter of resignation (not a mandatory norm);

• the data of the order of the head on the dismissal of the employee are indicated;
• the record is certified by the signature of an official (an employee of the personnel department or directly by the head of the enterprise) and the seal of the enterprise;
• no corrections were made to what was written.

Each entry in the labor dismissal, during the writing of which textual errors or blots were made, must have a corrective entrycertified in the prescribed manner.

Filling out a work book upon dismissal

Making an entry in the work book on dismissal and other entries on changes in the accounting and qualification data of an employee has the right to make only an official whose duties include maintaining accounting and personnel documentation. This could be as regular worker the personnel department, and the person designated by the administrative order (in cases where the enterprise does not have a dedicated personnel service).

Making an entry has a certain sequence.

When making a record of dismissal, the specialist fills in four information blocks:

1. Sequence number of the entry
2. date of dismissal

• in three columns of this block, in Arabic numerals in the format “00.00.0000”, the date from which the employee is considered dismissed is entered;

1. The textual wording of the dismissal specified in the order;
2. Number and date of issue of the order.

After the work with entering the data is fully completed, the official who performed it certifies it with a personal signature.

Termination of an employment contract with a part-time worker can be either at the initiative of the employee or at the initiative of the employer. In this case, an additional ground for dismissal under Art. 288 of the Labor Code of the Russian Federation - hiring an employee for whom this work will be the main one.

Upon dismissal internal part-time, the entry in the workbook looks like this.

Introducing ready samples filling out work books in 2020, which are prepared in strict accordance with the Labor Code of the Russian Federation.

The Trudoviks began to fine accountants and personnel officers for mistakes in filling out work books. The "Simplification" magazine will help you correct errors without penalties:

Rules for filling out a work book in 2020

Instructions for filling out work books were approved by the Ministry of Labor and Social Development of the Russian Federation dated October 10, 2003 No. 69.

According to the instructions:

• records of dates in all sections should be made in Arabic numerals (day and month - two-digit, year - four-digit).

For example, if an employee is hired on December 25, 2020, an entry is made in the work book: "12/25/2020"

• for making entries, use a fountain, gel or ballpoint pen in black, blue or purple
• abbreviations are not allowed

For example, "pr." instead of "order", etc.

• in the sections "Information about the work" and "Information about the award" it is not allowed to cross out entries made earlier (even if they are invalid)

Even a small typo in the labor is a reason for the FIU not to count the worker's length of service, see what mistakes can be dangerous in the article.

How to correct a mistake in a workbook

If it is necessary to change any entry, it is necessary to indicate after the last of them the subsequent serial number, the date of the new entry, and then in column 3 write: "The entry for the number such and such is invalid."

After that, you need to enter the data as required. For example: "Accepted by such and such a profession (position)." Then, column 4 repeats the date and number of the order (instruction) or other decision of the employer, the entry from which was incorrectly entered in the work book, or the date and number of the order (instruction) or other decision of the employer, on the basis of which the correct entry is made.

In the same manner, an entry on transfer to another job, etc., is invalidated.

If the record of dismissal in the work book is invalid

If there is an entry in the work book about dismissal or transfer to another permanent job, subsequently declared invalid, at the written request of the employee, a duplicate of the work book is issued without making an entry in it that was declared invalid.

At the same time, in the upper right corner of the first page of the duplicate work book, an inscription is made: "Duplicate".

On the first page (title page) of the previous work book, it is written: "A duplicate was issued instead" indicating its series and number.

Electronic work books

The idea of ​​switching to electronic work books was discussed for a long time, because it is obvious that a paper work book is inconvenient for both the employee and the employer. Moreover, the Pension Fund of the Russian Federation annually spends a huge amount of time in order to transfer information from labor and process it. Based on the above, we came to the conclusion that the electronic document is really a good solution.

The Government of the Russian Federation intends to allow the use of both "regular" and electronic work books. In any case, the transition will be made gradually, and filling out work books on paper still remains an urgent issue in 2020.

Samples of filling out a work book in 2020

The seal in the labor is put only if available.

How to write wording in a work book

RIGHT: Dismissed due to the reduction in the staff of the organization, clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation

WRONG: Dismissed due to the reduction of the staff of the organization, paragraph 2, part 1, art. 81 of the Labor Code of the Russian Federation

Title page layout

The title page is filled in by the organization (IP), the work in which for the employee was the first in life. On the title page, you need to write the name of the employee, date of birth, education, profession, date of filling out the work book, the signature of the employee and the signature of the person who maintains personnel records in the company (personnel officer, accountant, manager or individual entrepreneur).

Making changes to the title page

To make changes on the title page, cross out the wrong one and write the correct inscription on the right according to our sample. Date and sign.

Recruitment

The hiring process goes like this. In the left column, put the record number and date. In the column "information about hiring ..." write the full name and abbreviated organization or individual entrepreneur.

Example:

• Alfa Limited Liability Company (Alfa LLC)
• Individual entrepreneur A.A. Petrov (IP A.A. Petrov)

Transfer to another position

Transfer to another position is issued by order. See a sample book below.

Dismissal at the employee's own request

Dismissal is issued in strict accordance with the Labor Code of the Russian Federation. At the same time, it is necessary to write on the basis of which article of the Labor Code of the Russian Federation the employee was dismissed. If you make a mistake here, then the employee can challenge the dismissal in court. You can not shorten the inscription.

The wording should be as follows: The employment contract was terminated at the initiative of the employee, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation.

Below this inscription is the signature of the personnel officer and the signature of the employee.

Please note that upon dismissal, the signature of the personnel officer and employee is put in the book.

Dismissal due to downsizing

For dismissal due to staff reduction, the wording should be as follows: Dismissed due to the reduction in the staff of the organization, clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation

Error in company name

In the work book, you indicate the full and abbreviated name of the company in the form of a heading - before the employment record (Instructions No. 69). Inconsistencies in the title must be corrected so that the PFR does not deprive the employee of the length of service in your company. The name in the book may differ from the charter if the company has made changes to the Unified State Register of Legal Entities or incorrectly written information.

The company has changed its name. Write that the organization has been renamed, and indicate the details of the document on the basis of which the company changed its name.

You made a mistake in the title. If you filled out the wrong name before the job entry, then cancel the entry. To do this, make a note without a number that a mistake was made in the name (see sample 6 below). The wrong name cannot be crossed out.

An entry in the work book about dismissal of one's own free will is one of those working moments in which it is most important to comply with all the requirements of the law and take into account the nuances. After all, the error made in the design of this personnel document may result in serious legal liability. Let's try to figure out which wording of entries is approved by law and what is the procedure for making them. We will analyze how to make an entry in the labor record about dismissal of one's own free will, using examples.

Consider another sample: how to make an entry in the work book about the dismissal of 2020 if the employee leaves for a new transfer job? Then the dismissal is issued in the order of transfer: the entry in the labor is formulated as "the contract is terminated."

However, there are other circumstances, often painful for both parties, when the initiative is taken not by the employee, but by the employer. The following is a sample of dismissal in the 2020 work book with a reduction in staff: in this case, it is most appropriate to use the wording:

Dismissed at the initiative of the employer in connection with the reduction in the number of employees of the organization ...

When making notes about the dismissal of an employee, you can use various wordings provided for by existing legislation. Nevertheless, it is worth giving preference to the grounds that have already been formulated in the Labor Code of the Russian Federation.

Thus, we examined how the work book is filled out upon dismissal of one's own free will 2020, as well as at the initiative of the employer.

It remains to find out what is the responsibility of the employer and the official (employee of the personnel department) in case of errors in the preparation of personnel documentation.

Responsibility

In case of violations of the rules for maintaining, storing and accounting for personnel documentation, liability arises according to Article 5.27 of the Code of Administrative Offenses of the Russian Federation:

• for officials and IP - a warning and a fine from 1000 to 5000 rubles;
• for legal entities - from 30,000 to 50,000 rubles.

The penalties for repeat offenses are even more severe:

• for personnel officers and individual entrepreneurs - up to 20,000;
• for legal entities - up to 70,000.

In the previous publication of the cycle we announced, you learned how to start a work book and what entries must be made when it is drawn up on the title page. In the article brought to your attention, we decided to highlight the basic rules for making entries in the work book when filling out the sections "Information about the work" and "Information about the award".

General rules for making entries

Before proceeding to the characteristics of specific entries in the work book, we note the most general rules that are established by two normative legal acts already known to you - the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by the Decree of the Government of the Russian Federation of 16.04. 2003 No. 225 (hereinafter referred to as the "Rules") and Instructions for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 (hereinafter referred to as the "Instruction"):

Rules for entering information about work in the work book

Job details for an organization start with hiring data. Consider the basic rules for entering this information.

What information is included when applying for a job?

When an employee enters the main place of work for a period of more than 5 days, the employer is obliged to make an employment record in his work book (submitted by the employee or drawn up by the same employer when hiring an employee for whom this main place of work is the first).

When applying for a job, you must adhere to such a sequence:

1. First, in the 3rd column of the section "Information about the work" in the form of a heading (without indicating the serial number and date of entry), the full name of the organization, as well as the abbreviated name of company (if any) in accordance with its constituent documents (charter, memorandum of association, regulations).

In large companies, the following approach is often used to facilitate the job of making multiple entries for a job. A special stamp is ordered with typesetting text containing the name - full and abbreviated - of the organization. The imprint of such a stamp in the work book replaces the entry made by hand. It is also advisable to do this in cases where the indication in the work book of two options for the name of the organization (full and abbreviated) by hand takes up many lines.

2. Under the above heading in the 1st column is put by hand (hereinafter all entries are made only by hand) the sequence number of the entry being made . For example, if the last (previous) number of the dismissal record was "31", then the next serial number is assigned - "32" upon subsequent employment.

4. Then in the 3rd column is done a record of acceptance or appointment to a structural unit of the organization indicating it, the name of the position (job), specialty, profession, indicating qualifications .

Usually, title of position (job), specialty, profession with indication of qualifications produced in accordance with staffing- a document that must be in every organization without fail. However, if, in accordance with federal law, the provision of benefits or the presence of restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements to them must comply with the names and requirements provided for by the relevant qualification guides approved in the manner prescribed by the Government of the Russian Federation. Currently operating:

• Qualification directory of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37, and
• The Unified Tariff and Qualification Handbook of Works and Professions of Workers, separate issues of which were previously approved at different times by resolutions of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions, and general provisions were approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated January 31, 1985 No. 31 / 3-30.

Note! If these rules are ignored, the employee may have difficulties in assigning a pension, including with regard to offsetting the period of work in positions (by profession or specialty) associated with harmfulness: employees of the territorial branch of the pension fund may refuse to offset the corresponding period as a preferential referring to the fact that in the lists of positions, specialties and professions, according to which they grant the right to preferential accrual, this position (specialty or profession) is not.

In addition, in practice it is important to understand which names refer to positions and which to professions. Unfortunately, often the persons responsible for maintaining work books do not distinguish between work by position and profession and make, for example, the entry: “A locksmith has been hired,” although a locksmith is a profession, not a position. The correct entry would be: "Accepted by a locksmith." In order to accurately determine which name is correctly attributed to the position, and which to the profession, you can use the above directories, as well as All-Russian classifier professions of workers, positions of employees and tariff categories(OKPDTR), approved by the Decree of the State Standard of Russia dated December 26, 1994 No. 367. These documents will help to avoid errors not only when making entries in work books, but also when concluding employment contracts with employees, when issuing orders (instructions) for employment.

Another common practice mistake made when making entries in work books is misuse of the words "accepted" or "appointed". The fact is that appointment to a position can take place in strictly defined cases, namely, only when it is provided for by regulatory legal acts or the charter (regulation) of the organization, for example, heads of branches and representative offices legal entity. In all other cases, it is illegal to indicate the appointment to the position. Equally incorrect is the wording "enlisted".

By the way, if the work book belongs to a woman, then the corresponding verbs must be written in the feminine gender: “accepted”, “appointed”.

When making entries in the employment record book, they often misinterpret the requirement that the employment records exactly match the order (instruction) of the employer, reproducing the text of the order (instruction) in the employment record indicating, for example:

• the urgent nature of the contract (“Accepted to the position of assistant secretary under a fixed-term employment contract” or “Accepted to the position of an accountant for a period from 02/01/2010 to 01/31/2011”);
• conditions on the presence of a probationary period (“Accepted to the position of assistant manager with probationary period three months”), etc.

Despite the fact that all these details are indeed established by the order (instruction) for employment, their indication in the work book is unacceptable, since it contradicts the Instructions and means a violation of the rules for making entries in the work book. An analysis of the text of the Instructions allows us to conclude that the entry in the work book on employment should only include an indication of where and by whom the person was hired, excluding the features of the nature of the work and other conditions of employment with this employer.

5. Finally, the 4th column indicates the name of the organizational and administrative document, on the basis of which an entry was made in the work book about hiring - an order (instruction) or other decision of the employer - indicating its date (first) and number (after the date ).

Example 1

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Semenova E.M. was accepted into LLC Nagatinskaya Zastava as an assistant to the head, which is reflected in the order for employment dated February 11, 2010 No. 023-ls / p. It is necessary to make the following entry in the work book of Semenova E.M.:

What to do with the work book of the old sample?

What if a person comes to your work and brings a work book in a form that was approved earlier than the form that is now used? You will find the answer to this question in Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, in paragraph 2 of which it is established that work books of a new sample come into effect from 01/01/2004, and work books available to employees of a previously established samples are valid and cannot be exchanged for new ones.

This means that work books issued on the old forms of 1973 are recognized as valid, provided that the employee is hired for the first main job in the period from 01/01/1975 to 01/01/2004. If your employee's work book was entered before 01/01/2004, it is necessary to make entries in it, and not draw up a new work book according to the current form, if there are free lines in the "Information about work" section. When the free space runs out, you should draw up an insert in the same work book, but already on the 2004 form, and further information about the work is subsequently entered into it.

However, making a job entry is only the very beginning of filling out the “Job Information” section of the work book when working in this organization.

What information is entered during the period of labor activity of the employee in the organization?

In the period from the date of employment to the date of dismissal, a number of entries may be made in the "Information about work" section of the employee's work book. Let's consider them in detail.

1. During the period of work in the organization, an employee may be assigned a new category (class or category) . Then, on the basis of the order (instruction) of the employer, it is necessary to make an appropriate entry in his work book (clause 3.1 of the Instruction).

Example 2

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Evseeva E.P. works as a laboratory assistant for assay analysis of the 3rd category at Semeyniy Vrach LLC. By order of February 18, 2010 No. 043-a, she was assigned the 4th category, which was confirmed by the following entry in the “Information about work” section of the work book of Evseeva E.P.:

It is also noted establishing a second and subsequent profession, specialty or other qualification for an employee, indicating the relevant categories of these professions, specialties or skill levels .

Example 3

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A 3rd category car repairman, P.S. Sergeev, who works at Avtostan CJSC, has been assigned a second profession - an engine tester with the assignment of the 6th category. In the "Information about work" section of the work book, this will be reflected as follows:

2. In the work book records are made of the transfer of an employee to another permanent job with the same employer . Let's see what situations are meant by such a transfer and how to correctly make entries in the work book. According to Part 1 of Art. 72 of the Labor Code of the Russian Federation, the transfer of an employee to another permanent job with the same employer can take place in three cases:

a) when changing the labor function employee (i.e. change of position, profession, specialty, indicating qualifications; assignment of a different type of work). For example, a transfer to another job with the same employer will be an employee promotion;

Example 4

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Legal Counsel of OAO Kiparis Arkadiev V.V. promoted, transferred to vacant position deputy head of the legal department. This is reflected in the workbook as follows:

b) when it changes structural unit;

Example 5

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Accountant of the Accounting and Auditing Department of Uliss LLC Sukhanov A.P. transferred to the labor department wages for a similar position.

in) when changing both the labor function and the structural unit.

Example 6

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Chinareva S.S. hired in the office of Saratsin LLC as a secretary. Subsequently, she was transferred to the Human Resources Department as an Inspector.

Note! If the transfer is temporary, an entry in the employee's work book about such a transfer is not made.

In itself, a change in the salary of an employee, a change in the mode of his work, as well as the transfer of an employee in the same organization to another workplace, to another structural unit in the same locality, an assignment to work on another mechanism, if the employee's labor function does not change, is not considered a transfer and does not require changes to the work book.

3. In case company name changes an appropriate entry must be made in the work book of employees. The fact is that if it is not entered, then a paradoxical situation will result - the employee is accepted into one organization, and when making a record of dismissal, an imprint of the organization's seal will be affixed with a different name. This will allow later, when applying for a pension, to doubt the legitimacy of including the time of work in such an organization in the relevant length of service, as a result of which the employee will most likely be required to submit additional supporting documents - certificates from the place of work, from the state archive, etc. So that such doubts do not arise, it is important to correctly record the renaming of the organization in the work books of all employees in the "Job Information" section:

• in the 3rd column, an entry is made: "Organization such and such has been renamed to such and such since such and such a date." The specified information in this column can also be entered by affixing an imprint of a typesetting stamp containing the corresponding text;
• the 4th column indicates the reason for the renaming - "an order (instruction) or other decision of the employer, its date and number."

We emphasize that changing the name of the organization in itself is not a reason (reason) for terminating employment contracts with employees, therefore, in such a situation, it is impossible to make a record of dismissal!

Example 7

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According to the decision general meeting of participants, drawn up by protocol No. 02 dated 10.02.2010, Limited Liability Company "Premier Consult" from 17.02.2010 was renamed into Limited Liability Company "Consulting Company "Premier". Considering that the organization employs more than 1000 employees, the personnel department ordered a stamp in advance, with the help of which an appropriate entry was made in the work books of employees (see sample on the next page).

Note! The imprint of the stamp, as well as the entry made manually, must fully fit in the 3rd column of the "Information about the work" section, without affecting the 4th column; otherwise, the entry will be entered incorrectly.

When reorganizing an organization Civil Code The Russian Federation provides for 5 forms of reorganization: merger, accession, division, separation, transformation), change of ownership of its property (for example, in the case of transfer of property of a municipal enterprise to state ownership) or change in the jurisdiction / subordination of an organization (for example, in relation to a research institute, when the department to which the institute is subordinate changes), this information is also reflected in the work books of employees, if this affects the name of the organization.

According to Part 1 of Art. 75 of the Labor Code of the Russian Federation, when the owner of the property of an organization changes, the new owner has the right, no later than three months from the date of the acquisition of his right of ownership, to terminate employment contracts only with the head of the organization, his deputies and the chief accountant (clause 4, part 1, article 81 of the Labor Code of the Russian Federation). With the rest of the employees, the new owner, on his own initiative, cannot terminate employment contracts.

By virtue of h. 5 Article. 75 of the Labor Code of the Russian Federation, when reorganizing or changing the jurisdiction / subordination of the organization, labor contracts with employees are not terminated.

In all of the above cases, the employment contract may be terminated due to the refusal of employees to continue working (clause 6, part 1, article 77 of the Labor Code of the Russian Federation).

For the employees who remained at work, entries are made in the work books, made by analogy with the entry made in connection with the renaming of the organization (see Example 7).

4. Entry in the employee's work book about changing the name of the position (profession) or structural unit entered in the same way. The basis for making such entries will be an order (instruction) or other decision of the employer on the corresponding renaming.

5. Entries are also made in the work book about military service in accordance with the Federal Law of March 28, 1998 No. 53-FZ “On military service and military service", as well as the time of service in internal affairs bodies, State fire service of the Ministry of Emergency Situations, institutions and bodies penitentiary system, organs tax police, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities; on the time of study at courses and schools for advanced training, retraining and training of personnel .

Example 8

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Head of the Legal Department of Status LLC Lapina L.I. was sent by the employer for advanced training to the State Academy for Professional Retraining and Advanced Training of Managers and Investment Specialists under the program “ Effective work legal service of the organization. Upon completion of the training, she was issued a certificate of advanced training dated February 15, 2010 No. 290.

Example 9

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The article is continued in the next issue of the journal: we will explain what information is entered in the work book upon termination of the employment contract, how to reflect information about the award, part-time work. After that, we will move on to a new task - correcting the mistakes made when filling out the work book and making other changes to the records.

Footnotes

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