Decree 225 on the rules for maintaining work books. All about work books
(10 spreads)
|
N |
Information about hiring, transfer to another permanent job, qualifications, dismissals (indicating the reasons and referring to the article, paragraph of the law) |
||||
Information about the award
|
Series and number |
(10 spreads) |
|
N |
Information about the award (encouragement) |
Name, date and number of the document on the basis of which the entry was made |
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_____________________________
* The series and number are indicated on one of the four pages of each expanded sheet of the work book.
Approved
Government Decree
Russian Federation
dated April 16, 2003 N 225
Form of insert in the work book
Insert in the work book
(not valid without work book)
Coat of arms
Russian Federation
Surname ________________________________________________________________ First name _________________________________________________________________ Middle name _______________________________________________________________ Date of birth ________________________________________________________________ (day, month, year) Education ____________________________________________________________ Occupation, specialty ________________________________________________________________ _________________________________________________________________ Date of completion ______________________________________________________________ (day, month, year) Signature of the owner of the book _______________________________________________ Signature of the person responsible for maintaining work books ________________________________________ (clearly)
The insert in the work book is made according to the approved form of the work book. Insert size: "Information about work" - 9 spreads, "Information about awards" - 8 spreads.
Rules
maintenance and storage of work books, production of work book forms and providing them to employers
(approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225)
With changes and additions from:
I. General provisions
1. These Rules establish the procedure for maintaining and storing work books, as well as the procedure for preparing work book forms and providing employers with them.
2. The work book is the main document about labor activity and work experience of the employee.
3. The employer (with the exception of employers - individuals who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, if the work this employer is essential for the worker.
An employer is an individual who is individual entrepreneur, is obliged to keep work books for each employee in the manner prescribed by the Labor Code of the Russian Federation and other regulatory legal acts Russian Federation.
An employer - an individual who is not an individual entrepreneur, does not have the right to make entries in the work books of employees and draw up work books for employees hired for the first time.
4. Information about the employee, the work performed by him, the transfer to another permanent job and the dismissal of the employee, as well as the grounds for termination employment contract and information about awards for success in work.
5. Information about penalties in the work book is not entered, except in cases where disciplinary action is dismissal.
6. Labor books are maintained in the state language of the Russian Federation, and on the territory of a republic within the Russian Federation that has established its own state language, work books may be drawn up, along with the state language of the Russian Federation, in the state language of this republic.
7. The employer is obliged, upon a written application of the employee, not later than three working days from the date of its submission, to issue to the employee a copy of the work book or an extract from the work book certified in the prescribed manner.
II. Maintenance of work books
8. Registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of employment.
9. The following information about the employee is entered into the work book during its execution:
a) last name, first name, patronymic, date of birth (day, month, year) - on the basis of a passport or other identification document;
b) education, profession, specialty - on the basis of documents on education, qualifications or the availability of special knowledge (when applying for a job that requires special knowledge or special training).
10. All entries about the work performed, transfer to another permanent job, qualifications, dismissal, as well as about the award made by the employer, are entered in the work book on the basis of the relevant order (instruction) of the employer no later than a week, and upon dismissal - on the day of dismissal and must exactly match the text of the order (instruction).
11. All entries in the work book are made without any abbreviations and have their own serial number within the corresponding section.
12. With each entry made in the work book about the work performed, transfer to another permanent job and dismissal, the employer is obliged to familiarize its owner against signature in his personal card, in which the entry made in the work book is repeated.
Personal card form is approved Federal Service state statistics.
14. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code
15. Upon termination of the employment contract on the grounds provided for in Article 77 Labor Code of the Russian Federation (with the exception of cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (paragraphs 4 and this article), an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the corresponding paragraph of the first part of this article .
16. Upon termination of the employment contract at the initiative of the employer, an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the relevant paragraph of Article 81
17. Upon termination of an employment contract due to circumstances beyond the control of the parties, an entry is made in the work book on the grounds for termination of the employment contract with reference to the relevant paragraph of Article 83 of the Labor Code of the Russian Federation.
18. Upon termination of an employment contract on other grounds provided for by the Labor Code of the Russian Federation or other federal laws, an entry is made in the employment record book about the dismissal (termination of the employment contract) with reference to the relevant article, paragraph of the Labor Code of the Russian Federation or other federal law.
19. Upon termination of an employment contract with an employee convicted in accordance with a court sentence to deprivation of the right to occupy certain positions or engage in certain activities and those who have not served their sentence, an entry is made in the work book on the basis on which, for how long and what position he is deprived of the right to occupy (what activity he is deprived of the right to engage in).
20. Information about part-time work (about dismissal from this job), at the request of the employee, is entered at the place of main work in the work book on the basis of a document confirming part-time work.
21. An entry is also made in the work book at the place of work, indicating the relevant documents:
a) on the time of military service in accordance with the Federal Law "On military duty and military service", as well as on the time of service in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, emergencies and liquidation of consequences of natural disasters, institutions and bodies of the penitentiary system, bodies of the tax police, bodies for control over the circulation of narcotic drugs and psychotropic substances and customs authorities;
22. Corresponding entries made in the work book of persons released from work (position) in connection with unlawful conviction or removed from office in connection with illegal involvement in criminal liability, established respectively by a verdict of not guilty or a resolution (determination) on the termination of a criminal case due to the absence of an event of a crime, due to the absence of corpus delicti in the act or due to the failure to prove their participation in the commission of a crime, are recognized as invalid. The employer, at the written request of the employee, issues to him a duplicate of the work book without an entry declared invalid. A duplicate of the work book is issued to the specified persons in the manner prescribed by these Rules.
In the work books of persons who have served correctional labor without deprivation of liberty, an entry is made at the place of work that the time of work during this period is not counted in the continuous length of service. The specified entry is made in the work books at the end of the actual period of serving the sentence, which is established according to the certificates of the internal affairs bodies.
When a convict is dismissed from work in accordance with the established procedure and he enters a new place of work, the relevant entries are made in the work book in the organization to which he was accepted or sent.
23. Upon restoration in accordance with the established procedure of continuous work experience, the employee’s work book is entered according to last place work, a record of the restoration of continuous work experience, indicating the relevant document.
24. The following information about the award (encouragement) for labor merits is entered in the work book:
a) on the awarding of state awards, including the assignment of state honorary titles, on the basis of relevant decrees and other decisions;
b) on awarding certificates of honor, awarding titles and awarding badges, badges, diplomas, certificates of honor, produced by employers;
c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations, charters and regulations on discipline.
25. Bonuses provided by the wage system or paid on a regular basis are not recorded in work books.
III. Making changes and corrections to the work book.
Duplicate work book
26. Changing records of the last name, first name, patronymic and date of birth, as well as education, profession and specialty of the employee is carried out by the employer at the last place of work on the basis of a passport, birth certificate, marriage, divorce, change of last name, first name, patronymic and other documents.
27. If an incorrect or inaccurate entry in the work book is found, it is corrected at the place of work where the corresponding entry was made, or by the employer at the new place of work on the basis of an official document of the employer that made the mistake. In this case, the employer is obliged to provide the employee with the necessary assistance upon his request.
28. If the organization that made an incorrect or inaccurate entry is reorganized, the correction is made by its legal successor, and in the event of liquidation of the organization - by the employer at the new place of work on the basis of the relevant document.
If an incorrect or inaccurate entry in the work book is made by an employer - an individual who is an individual entrepreneur, and his activity is terminated in the prescribed manner, the correction is made by the employer at the new place of work on the basis of the relevant document.
29. Corrected information must fully comply with the document on the basis of which they were corrected. In the event of the loss of such a document or its inconsistency with the actual work performed, the correction of information about the work is carried out on the basis of other documents confirming the performance of work not specified in the work book.
Witness testimony cannot serve as a basis for correcting entries made earlier, with the exception of entries in respect of which there is a court decision, as well as cases provided for in paragraph 34 of these Rules.
30. In sections of the work book containing information about work or information about awards, it is not allowed to cross out inaccurate or incorrect entries.
Changes to entries are made by invalidating them and making correct entries.
In the same manner, a change in the record of the employee's dismissal (transfer to another permanent job) is made if the dismissal (transfer) is recognized as illegal.
31. A person who has lost a work book is obliged to immediately report this to the employer at the last place of work. The employer issues a duplicate of the work book to the employee no later than 15 days from the date the employee submitted the application.
32. When issuing a duplicate of a work book, carried out in accordance with these Rules, the following shall be entered into it:
a) information about the total and (or) continuous work experience of the employee before joining this employer, confirmed by the relevant documents;
b) information about work and rewards (encouragement), which were entered in the work book at the last place of work.
The total work experience is recorded in total, that is, it is indicated total years, months, days of work without specifying the employer, periods of work and positions of the employee.
If the documents on the basis of which entries were made in the work book do not contain complete information about work in the past, only the information available in these documents is entered into the duplicate of the work book.
33. If there is an entry in the work book about dismissal or transfer to another job, recognized as invalid, the employee, upon his written application, is issued a duplicate of the work book at the last place of work, into which all entries made in the work book are transferred, with the exception of the entry declared invalid.
The work book is issued in the prescribed manner and returned to its owner.
In the same order, a duplicate of the work book is issued if the work book (insert) has become unusable (burned, torn, soiled, etc.).
34. In case of mass loss by the employer of work books of employees as a result of emergency situations (environmental and man-made disasters, natural disasters, mass riots and other emergency circumstances), the seniority of these employees is established by the seniority commission established by the executive authorities of the constituent entities of the Russian Federation. The composition of such a commission includes representatives of employers, trade unions or other representative bodies authorized by employees, as well as other interested organizations.
Establishing the fact of work, information about the profession (position) and periods of work with this employer is carried out by the commission on the basis of the documents available to the employee (certificate, trade union card, registration card of a trade union member, pay book, etc.), and in case of their absence based on the testimony of two or more witnesses, knowledgeable worker on joint activities with him at the same employer or in the same system.
If the employee has already worked before joining this employer, the commission takes measures to obtain documents confirming this fact.
Based on the results of the work of the commission, an act is drawn up, which indicates the periods of work, the profession (position) and the duration of the work experience of the employee.
The employer, on the basis of the act of the commission, issues a duplicate of the work book to the employee.
If the documents have not been preserved, the length of service, including that established on the basis of testimonies, can be confirmed in court.
IV. Issuance of a work book upon dismissal
(termination of employment contract)
35. Upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself (except for the cases specified in paragraph 36 of these Rules).
If the work book was filled out in the state language of the Russian Federation and in the state language of a republic within the Russian Federation, both texts are certified.
The employer is obliged to issue to the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it.
In the event of a delay in the issuance of a work book to an employee due to the fault of the employer, an incorrect or inconsistent wording of the reason for the dismissal of the employee in the work book, the employer is obliged to compensate the employee for the earnings that he did not receive for the entire time of the delay. The day of dismissal (termination of the employment contract) in this case is the day of issuance of the work book. An order (instruction) of the employer is issued on the new day of dismissal of the employee (termination of the employment contract), and an entry is made in the work book. An earlier entry on the day of dismissal is recognized as invalid in the manner prescribed by these Rules.
36. If on the day of the employee’s dismissal (termination of the employment contract) it is impossible to issue a work book due to the absence of the employee or his refusal to receive the work book in his hands, the employer sends the employee a notification about the need to appear for the work book or agree to send it by mail. Sending a work book by mail specified by the employee address is allowed only with his consent.
From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book to the employee.
37. In the event of the death of an employee, the work book, after making an appropriate entry on the termination of the employment contract, is handed over to one of his relatives against receipt or sent by mail upon a written application from one of the relatives.
b) a book of accounting for the movement of work books and inserts in them.
The forms of these books are approved by the Ministry of Labor and social protection Russian Federation.
41. In the income and expense book for accounting for the forms of the work book and the insert in it, which is maintained by the accounting department of the organization, information is entered on all operations related to the receipt and expenditure of forms of the work book and the insert in it, indicating the series and number of each form.
In the book of accounting for the movement of work books and inserts in them, which is maintained personnel service or another division of the organization that draws up the hiring and dismissal of employees, registers all work books accepted from employees upon admission to work, as well as work books and inserts in them indicating the series and numbers issued to employees again.
Upon receipt of a work book in connection with the dismissal, the employee signs in a personal card and in the book of accounting for the movement of work books and inserts in them.
The income and expense book for accounting for the forms of the work book and the insert in it and the book for accounting for the movement of work books and inserts in them must be numbered, laced, certified by the signature of the head of the organization, and also sealed with a wax seal or sealed.
42. Forms of the work book and its insert are stored in the organization as documents strict accountability and are issued to the person responsible for maintaining work books, at his request.
At the end of each month, the person responsible for maintaining work books is obliged to submit to the accounting department of the organization a report on the availability of forms of the work book and an insert in it and on the amounts received for the completed work books and inserts in them, with the organization's cash receipt order attached. The forms of the work book and the insert in it spoiled during filling are subject to destruction with the drawing up of the corresponding act.
43. Labor books and duplicates of labor books not received by employees upon dismissal or in the event of the death of an employee by his next of kin are stored on demand with the employer (in the organization or individual, which is an individual entrepreneur) in accordance with the requirements for their storage established by the legislation of the Russian Federation on archiving.
44. The employer is obliged to always have the required number of work book forms and inserts in it.
VII. Responsibility for compliance with the procedure for maintaining work books
45. Responsibility for organizing work on maintaining, storing, recording and issuing work books and inserts in them rests with the employer.
Responsibility for the maintenance, storage, accounting and issuance of work books is borne by a specially authorized person appointed by order (instruction) of the employer.
For violation of the procedure established by these Rules for maintaining, accounting, storing and issuing work books, officials shall bear responsibility established by the legislation of the Russian Federation.
VIII. Production of work book forms and provision of employers with them
46. Production of work book forms and an insert in it and providing employers with them for paid basis carried out in the manner approved by the Ministry of Finance of the Russian Federation.
Forms of the work book and its insert have an appropriate degree of protection.
47. When issuing a work book or an insert to it to an employee, the employer charges him a fee, the amount of which is determined by the amount of expenses for their acquisition, except for the cases provided for in paragraphs 34 and these Rules.
48. In case of wrong initial filling the work book or its insert, as well as in case of damage through no fault of the employee, the cost of the damaged form is paid by the employer.
The work book reflects the entire work biography of a person. Making entries in it, as well as storing and issuing it to an employee upon dismissal, is strictly regulated by the legislation of the Russian Federation in 2016, and it is necessary to follow these rules for maintaining work books.
Legislative regulation of issues of work books
A novice personnel officer or accountant, who first encountered work books of employees, certainly needs to know what rules of law govern their handling.
The work book is a form of the form established by the Rules with the appropriate degrees of protection indicating the series and number of 20 spreads, the pages of which are numbered and have sections where records of the appropriate type are entered (information about the employee (the so-called title page), information about work, information about awards).
If the sections "Information about work" or "Information about awards" are over, then an insert is made in the work book. Its form, form and maintenance are subject to requirements similar to the requirements for the work book itself.
The employer is obliged to have a constant supply of the required number of forms of work books and inserts in them (clause 44 of the Rules).
Forms of work books and inserts must be purchased by the employer centrally from official distributors authorized by GOZNAK (their list is published on the GOZNAK website).
Similar forms can be found in stationery stores and kiosks selling printed matter for the public, but such sale is not legal. Since there are no guarantees of their authenticity and compliance with the requirements of regulatory enactments, the employer does not have the right to require the newly hired employee to have the form purchased at the kiosk on hand. Moreover, it is illegal to accept it from an employee for further filling, and we do not recommend doing this in order to avoid further problems.
The form of the work book can be checked for authenticity by comparing the correspondence of the series and number to the year of issue, as well as the form established by the same Government Decree that approved the Rules.
Employment book - strict reporting form
Both work books received from employees and their blank forms and inserts are subject to strict accounting when stored with the employer (this is indicated by section six of the Rules).
For these purposes, registers must be kept for established forms:
- income and expense book for accounting forms of the work book and an insert in it;
- book of accounting for the movement of work books and inserts in them.
Both of these books must be necessarily laced and numbered, certified by the signature of the head of the organization and sealed with a wax seal (sealed) - this is stated in paragraph 41 of the Rules.
The income and expense book for accounting for forms is maintained by the accounting department of the organization, and it reflects all operations for receiving and spending forms of the work book (insert in it) indicating the series and number of the form.
The book of accounting for the movement of work books is maintained by personnel officers. It records information on the acceptance and issuance upon dismissal of all work books of employees and inserts in them, both accepted from employees upon admission to work, and issued to employees again. At the same time, their series and number must be indicated in the accounting book, and the employee’s signature is affixed to receive the work book in his hands upon dismissal.
The official of the organization responsible for work books
The law directly obliges the employer to properly organize work with work books.
Strict accounting of these documents in the organization requires the presence of a specially authorized official - the person responsible for maintaining, storing, recording and issuing work books.
Such a person is appointed by order or order of the employer. Usually, such responsibility is assigned to a specific employee of the personnel service or an accountant directly involved in work books.
The order is issued in an arbitrary form, its wording may look, for example, as follows: "To appoint the inspector of the personnel department Anna Nikolaevna Petrova as the person responsible for maintaining, storing, accounting and issuing work books." The order number, date, as well as full name, position and, of course, the signature of the head are affixed.
The procedure for maintaining work books
The procedure for making entries in the work books of employees is of great importance, so they must be made strictly according to the established rules.
The above-mentioned Instruction containing the norms for maintaining work books is devoted to the procedure for maintaining work books.
The Instructions regulate all possible stages of filling out this document, starting with how to correctly enter information about the employee (on the title page), records of work and transfers, awards and incentives, dismissal, invalidation of the record, and ending with the issues of issuing a duplicate.
It should be noted that no fundamental changes have been made to it since the publication of the Instruction. Therefore, the Instruction for maintaining work books in 2015-2016 does not differ in any features compared to previous periods.
How to keep a workbook
Since the form of the work book is a document of strict accountability, and the completed work book also contains the personal data of the employee, the law imposes on the employer the obligation to store it correctly.
We talked about accounting for work books in special books above, now let's talk, in fact, about their storage.
Neither the Labor Code of the Russian Federation, nor the Rules, nor the Instructions contain rules on where work books should be stored. That is, there are no special storage rules for work books.
Therefore, one should refer to the norms on document circulation (see Regulations on documents and document circulation in accounting, approved by the USSR Ministry of Finance on 07/29/1983 N 105).
It stipulates that strict reporting forms should be stored in safes, metal cabinets or special rooms to ensure their safety (clause 6.2). It is silent about whether such a safe should be fireproof and whether grilles should be installed on the windows of the room.
Thus, the storage of work books should be carried out in a way that ensures their safety and prevents unauthorized persons from accessing them.
Shelf life of work books
The employer keeps the employment records of all full-time employees except for collaborators.
They are handed out only upon dismissal of the employee (termination of the employment contract with him for any reason), or for a while for submission to the social insurance (security) bodies in accordance with Art. 62 of the Labor Code of the Russian Federation at the written request of the employee.
There may be situations when the work books of deceased employees remain with the employer.
According to paragraph 37 of the Rules, in the event of the death of an employee, a work book (with an entry made in it about the termination of the employment contract under paragraph 6 of part 1 of article 83 of the Labor Code of the Russian Federation) is issued into the hands of one of his relatives against receipt in the book of accounting for the movement of work books or sent by mail at the written request of one of the relatives.
That is, the employer should notify the relatives of such an employee about the need to receive his work book or agree to send it by mail.
If, for some reason, the work book of the deceased employee remained with the employer, then it must be kept in the organization permanently until it can be demanded by relatives.
The shelf life of work books that were not in demand is 75 years (clause 664 of the List of typical managerial archival documents generated in the course of activities government agencies, local authorities and organizations, indicating the terms of storage, approved. Order of the Ministry of Culture of Russia dated August 25, 2010 N 558).
In accordance with Article 66 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached:
the form of the work book and the form of an insert in the work book;
Rules for maintaining and storing work books, preparing work book forms and providing employers with them.
Work books of a previously established form that employees have are valid and cannot be exchanged for new ones.
3. To the Ministry of Finance of the Russian Federation:
a) approve the samples of the work book and its insert, as well as technical requirements to the production of their forms;
b) ensure that subordinate enterprises produce the forms of the work book and the insert in it according to a single model;
c) approve the procedure for providing employers with work book forms and an insert in it.
4. Ministry of Labor and social development Russian Federation:
a) approve the instructions for filling out work books;
b) ensure proper control over the timely and correct maintenance and storage of work books;
c) give explanations on the application of the Rules approved by this resolution.
5. Executive authorities of the constituent entities of the Russian Federation to carry out the necessary work to introduce in organizations located on their territory, work books and inserts in them of a new sample.
Prime Minister
Russian Federation
M.KASYANOV
APPROVED
Government Decree
Russian Federation
April 16, 2003
N 225
FORM OF THE WORK BOOK (Cover) Coat of arms of the Russian Federation WORK BOOK (Title page) Coat of arms of the Russian Federation WORK BOOK Surname __________________________________________________________ First name ______________________________________________________________ Patronymic ______________________________________________________________ Date of birth __________________________________________________________ (day, month, year) Education ____________________________________________________________ _________________________________________________________________ Profession, specialty _______________________________________ Date of completion __________________________________________________ (day, month , year) Signature of the owner of the book _________________________________________ L. P. Signature of the person responsible for maintaining work books ____________________________________ (legible) Information about the work Series and number * (10 spreads)
| N records | the date | Intelligence about admission to work, translation to another permanent jobs, qualifications, layoffs (indicating reasons and reference to the article clause of law) | Name, date and number document, based which entry |
||
| number | month | year | |||
| 1 | 2 | 3 | 4 | ||
Award information Series and number (10 spreads)
| N records | the date | Intelligence about the award (encouragement) | Name, date and number document, based whom entry made |
||
| number | month | year | |||
| 1 | 2 | 3 | 4 | ||
"About work books"
Edition of 03/25/2013 - Valid from 04/06/2013
Show changes
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated April 16, 2003 N 225
ABOUT WORK BOOK
dated 02/06/2004 N 51, dated 03/01/2008 N 132, dated 05/19/2008 N 373, dated 03/25/2013 N 257)
Rules for maintaining and storing work books, preparing work book forms and providing employers with them.
Work books of a previously established form that employees have are valid and cannot be exchanged for new ones.
3. To the Ministry of Finance of the Russian Federation:
a) approve the samples of the work book and its insert, as well as the technical requirements for the production of their forms;
b) ensure that subordinate enterprises produce the forms of the work book and the insert in it according to a single model;
c) approve the procedure for providing employers with work book forms and an insert in it.
4. To the Ministry of Labor and Social Protection of the Russian Federation: dated 25.03.2013 N 257)
a) approve the instructions for filling out work books;
b) give explanations on the application of the Rules approved by this resolution. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
5. Executive authorities of the constituent entities of the Russian Federation to carry out the necessary work to introduce in organizations located on their territory, work books and inserts in them of a new sample.
Prime Minister
Russian Federation
M.KASYANOV
APPROVED
Government Decree
Russian Federation
April 16, 2003
N 225
FORM OF THE WORK BOOK (Cover) Coat of arms of the Russian Federation WORK BOOK (Title page) Coat of arms of the Russian Federation WORK BOOK Surname __________________________________________________________ First name ______________________________________________________________ Patronymic ______________________________________________________________ Date of birth __________________________________________________________ (day, month, year) Education ____________________________________________________________ _________________________________________________________________ Profession, specialty _______________________________________ Date of completion __________________________________________________ (day, month , year) Signature of the owner of the book _________________________________________ L. P. Signature of the person responsible for maintaining work books ____________________________________ (legible) Information about the work Series and number * (10 spreads)
| N records | the date | Intelligence about admission to work, translation to another permanent jobs, qualifications, layoffs (indicating reasons and reference to the article clause of law) | Name, date and number document, based which entry |
||
| number | month | year | |||
| 1 | 2 | 3 | 4 | ||
FORM OF THE INSERT IN THE WORK BOOK INSIDE IN THE WORK BOOK (not valid without a work book) Coat of arms of the Russian Federation ) Signature of the owner of the book _________________________________________ Signature of the person responsible for maintaining work books MP ______________________________________ (legible) The insert in the work book is made according to the approved form of the work book. Insert size: "Information about work" - 9 spreads, "Information about awards" - 8 spreads.
APPROVED
Government Decree
Russian Federation
April 16, 2003
N 225
REGULATIONS
MAINTENANCE AND STORAGE OF WORK RECORDS, PRODUCTION OF WORK RECORDS FORMS AND PROVISION OF EMPLOYERS WITH THEM
(as amended by Decrees of the Government of the Russian Federation of 02/06/2004 N 51, of 03/01/2008 N 132, of 05/19/2008 N 373, of 03/25/2013 N 257)
I. General provisions
1. These Rules establish the procedure for maintaining and storing work books, as well as the procedure for preparing work book forms and providing employers with them.
2. The work book is the main document on the work activity and work experience of the employee.
3. An employer (with the exception of employers who are natural persons who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, if the work for this employer is the main one for the employee.
The employer - an individual who is an individual entrepreneur, is obliged to keep work books for each employee in the manner established by the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation.
An employer - an individual who is not an individual entrepreneur, does not have the right to make entries in the work books of employees and draw up work books for employees hired for the first time. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
4. Information about the employee, the work performed by him, transfer to another permanent job and dismissal of the employee, as well as the grounds for terminating the employment contract and information about rewards for success in work are entered in the work book.
5. Information about penalties in the work book is not entered, except in cases where dismissal is a disciplinary sanction.
6. Labor books are maintained in the state language of the Russian Federation, and on the territory of a republic within the Russian Federation that has established its own state language, work books may be drawn up, along with the state language of the Russian Federation, in the state language of this republic.
7. The employer is obliged, upon a written application of the employee, not later than three working days from the date of its submission, to issue to the employee a copy of the work book or an extract from the work book certified in the prescribed manner. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
II. Maintenance of work books
8. Registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of employment.
9. The following information about the employee is entered into the work book during its execution:
a) last name, first name, patronymic, date of birth (day, month, year) - on the basis of a passport or other identity document;
b) education, profession, specialty - on the basis of documents on education, qualifications or the availability of special knowledge (when applying for a job that requires special knowledge or special training).
10. All entries about the work performed, transfer to another permanent job, qualifications, dismissal, as well as about the award made by the employer, are entered in the work book on the basis of the relevant order (instruction) of the employer no later than a week, and upon dismissal - on the day of dismissal and must exactly match the text of the order (instruction).
11. All entries in the work book are made without any abbreviations and have their own serial number within the corresponding section.
12. With each entry made in the work book about the work performed, transfer to another permanent job and dismissal, the employer is obliged to familiarize its owner against signature in his personal card, in which the entry made in the work book is repeated. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
The form of a personal card is approved by the Federal State Statistics Service. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
13. The work book is filled in in the manner approved by the Ministry of Labor and Social Protection of the Russian Federation. (As amended by Decrees of the Government of the Russian Federation of March 1, 2008 N 132, of March 25, 2013 N 257)
14. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law.
15. Upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (with the exception of cases of termination of an employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (clauses and this article), an entry on dismissal is made in the work book ( termination of the employment contract) with reference to the relevant paragraph of the first part of this article. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
16. Upon termination of the employment contract at the initiative of the employer, an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the relevant paragraph of Article 81
17. Upon termination of an employment contract due to circumstances beyond the control of the parties, an entry is made in the work book on the grounds for termination of the employment contract with reference to the relevant paragraph of Article 83 of the Labor Code of the Russian Federation.
18. Upon termination of an employment contract on other grounds provided for by the Labor Code of the Russian Federation or other federal laws, an entry is made in the employment record book about the dismissal (termination of the employment contract) with reference to the relevant article, paragraph of the Labor Code of the Russian Federation or other federal law.
19. Upon termination of an employment contract with an employee convicted in accordance with a court sentence to deprivation of the right to occupy certain positions or engage in certain activities and who has not served the sentence, an entry is made in the work book on the grounds, for what period and what position he is deprived of the right to occupy (what activity is deprived of the right to engage in).
20. Information about part-time work (about dismissal from this job), at the request of the employee, is entered at the place of main work in the work book on the basis of a document confirming part-time work.
21. An entry is also made in the work book at the place of work, indicating the relevant documents:
a) on the time of military service in accordance with the Federal Law "On military duty and military service", as well as on the time of service in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, institutions and bodies of the penitentiary system, bodies of the tax police, bodies for the control of the circulation of narcotic drugs and psychotropic substances and customs bodies; (As amended by Decree of the Government of the Russian Federation of May 19, 2008 N 373)
b) about the time of study at courses and schools for advanced training, retraining and training of personnel.
22. Corresponding entries made in the work book of persons released from work (position) in connection with unlawful conviction or removed from office in connection with unlawful criminal prosecution, established respectively by an acquittal or a resolution (determination) on the termination of a criminal case in the absence of the events of a crime, due to the absence of corpus delicti in the act or due to the failure to prove their participation in the commission of a crime, are recognized as invalid. The employer, at the written request of the employee, issues to him a duplicate of the work book without an entry declared invalid. A duplicate of the work book is issued to the specified persons in the manner prescribed by these Rules.
In the work books of persons who have served correctional labor without deprivation of liberty, an entry is made at the place of work that the time of work during this period is not counted in the continuous length of service. The specified entry is made in the work books at the end of the actual period of serving the sentence, which is established according to the certificates of the internal affairs bodies.
When a convict is dismissed from work in accordance with the established procedure and he enters a new place of work, the relevant entries are made in the work book in the organization to which he was accepted or sent.
23. When restoring continuous work experience in accordance with the established procedure, an entry on the restoration of continuous work experience is entered in the work book of the employee at the last place of work, indicating the relevant document.
24. The following information about the award (encouragement) for labor merits is entered in the work book:
a) on the awarding of state awards, including the assignment of state honorary titles, on the basis of relevant decrees and other decisions;
b) on awarding certificates of honor, conferring titles and awarding badges, badges, diplomas, certificates of honor, produced by employers; (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations, charters and regulations on discipline. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
25. Bonuses provided for by the wage system or paid on a regular basis are not recorded in work books.
III. Making changes and corrections to the work book. Duplicate work book
26. Changing records of the last name, first name, patronymic and date of birth, as well as education, profession and specialty of the employee is carried out by the employer at the last place of work on the basis of a passport, birth certificate, marriage, divorce, change of last name, first name, patronymic and other documents.
27. If an incorrect or inaccurate entry in the work book is found, it is corrected at the place of work where the corresponding entry was made, or by the employer at the new place of work on the basis of an official document of the employer that made the mistake. In this case, the employer is obliged to provide the employee with the necessary assistance upon his request.
28. If the organization that made an incorrect or inaccurate entry is reorganized, the correction is made by its legal successor, and in the event of liquidation of the organization - by the employer at the new place of work on the basis of the relevant document.
If an incorrect or inaccurate entry in the work book is made by an employer - an individual who is an individual entrepreneur, and his activity is terminated in the prescribed manner, the correction is made by the employer at the new place of work on the basis of the relevant document. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
29. Corrected information must fully comply with the document on the basis of which they were corrected. In the event of the loss of such a document or its inconsistency with the actual work performed, the correction of information about the work is carried out on the basis of other documents confirming the performance of work not specified in the work book.
Witness testimony cannot serve as a basis for correcting entries made earlier, with the exception of entries in respect of which there is a court decision, as well as cases provided for in paragraph 34 of these Rules.
30. In sections of the work book containing information about work or information about awards, it is not allowed to cross out inaccurate or incorrect entries.
Changes to entries are made by invalidating them and making correct entries.
In the same manner, a change in the record of the employee's dismissal (transfer to another permanent job) is made if the dismissal (transfer) is recognized as illegal.
31. A person who has lost a work book is obliged to immediately report this to the employer at the last place of work. The employer issues a duplicate of the work book to the employee no later than 15 days from the date the employee submitted the application.
32. When issuing a duplicate of a work book, carried out in accordance with these Rules, the following shall be entered into it:
a) information about the total and (or) continuous work experience of the employee before joining this employer, confirmed by the relevant documents; (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
b) information about work and rewards (encouragement), which were entered in the work book at the last place of work.
The total length of service is recorded in total, that is, the total number of years, months, days of work is indicated without specifying the employer, periods of work and positions of the employee. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
If the documents on the basis of which entries were made in the work book do not contain complete information about work in the past, only the information available in these documents is entered into the duplicate of the work book.
33. If there is an entry in the work book about dismissal or transfer to another job, recognized as invalid, the employee, upon his written application, is issued a duplicate of the work book at the last place of work, into which all entries made in the work book are transferred, with the exception of the entry declared invalid.
The work book is issued in the prescribed manner and returned to its owner.
In the same order, a duplicate of the work book is issued if the work book (insert) has become unusable (burned, torn, soiled, etc.).
Establishing the fact of work, information about the profession (position) and periods of work with this employer is carried out by the commission on the basis of documents available to the employee (certificate, trade union card, registration card of a trade union member, pay book, etc.), and in case of their absence - based on the testimony of two or more witnesses who know the employee through joint activities with him at the same employer or in the same system. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
If the employee has already worked before joining this employer, the commission takes measures to obtain documents confirming this fact. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
Based on the results of the work of the commission, an act is drawn up, which indicates the periods of work, the profession (position) and the duration of the work experience of the employee.
The employer, on the basis of the act of the commission, issues a duplicate of the work book to the employee.
If the documents have not been preserved, the length of service, including that established on the basis of testimonies, can be confirmed in court.
IV. Issuance of a work book upon dismissal (termination of an employment contract)
35. Upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself (except for the cases specified in paragraph 36 of these Rules). (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
If the work book was filled out in the state language of the Russian Federation and in the state language of a republic within the Russian Federation, both texts are certified.
The employer is obliged to issue to the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it.
In the event of a delay in the issuance of a work book to an employee due to the fault of the employer, an incorrect or inconsistent wording of the reason for the dismissal of the employee in the work book, the employer is obliged to compensate the employee for the earnings that he did not receive for the entire time of the delay. The day of dismissal (termination of the employment contract) in this case is the day of issuance of the work book. An order (instruction) of the employer is issued on the new day of dismissal of the employee (termination of the employment contract), and an entry is made in the work book. An earlier entry on the day of dismissal is recognized as invalid in the manner prescribed by these Rules.
36. If on the day of the employee’s dismissal (termination of the employment contract) it is impossible to issue a work book due to the absence of the employee or his refusal to receive the work book in his hands, the employer sends the employee a notification about the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address indicated by the employee is allowed only with his consent.
From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book to the employee.
37. In the event of the death of an employee, the work book, after making an appropriate entry on the termination of the employment contract, is handed over to one of his relatives against receipt or sent by mail upon a written application from one of the relatives.
b) a book of accounting for the movement of work books and inserts in them.
The forms of these books are approved by the Ministry of Labor and Social Protection of the Russian Federation. (As amended by Decrees of the Government of the Russian Federation of March 1, 2008 N 132, of March 25, 2013 N 257)
41. In the income and expense book for accounting for the forms of the work book and the insert in it, which is maintained by the accounting department of the organization, information is entered on all operations related to the receipt and expenditure of forms of the work book and the insert in it, indicating the series and number of each form.
In the book of accounting for the movement of work books and inserts in them, which is maintained by the personnel service or other division of the organization that processes the hiring and dismissal of employees, all work books accepted from employees upon admission to work, as well as work books and inserts in them, indicating the series and numbers issued to employees again.
Upon receipt of a work book in connection with the dismissal, the employee signs in a personal card and in the book of accounting for the movement of work books and inserts in them.
The income and expense book for accounting for the forms of the work book and the insert in it and the book for accounting for the movement of work books and inserts in them must be numbered, laced, certified by the signature of the head of the organization, and also sealed with a wax seal or sealed.
42. Forms of the work book and its insert are stored in the organization as documents of strict accountability and are issued to the person responsible for maintaining work books, at his request.
At the end of each month, the person responsible for maintaining work books is obliged to submit to the accounting department of the organization a report on the availability of forms of the work book and an insert in it and on the amounts received for the completed work books and inserts in them, with the organization's cash receipt order attached. The forms of the work book and the insert in it spoiled during filling are subject to destruction with the drawing up of the corresponding act.
43. Labor books and duplicates of labor books not received by employees upon dismissal or in the event of the death of an employee by his closest relatives are stored on demand with the employer (in an organization or with an individual who is an individual entrepreneur) in accordance with the requirements for their storage established by law Russian Federation on archiving. (As amended by Decree of the Government of the Russian Federation of March 1, 2008 N 132)
44. The employer must always have the required number of work book forms and inserts in it.
VII. Responsibility for compliance with the procedure for maintaining work books
45. Responsibility for organizing work on maintaining, storing, recording and issuing work books and inserts in them rests with the employer.
Responsibility for the maintenance, storage, accounting and issuance of work books is borne by a specially authorized person appointed by order (instruction) of the employer.
For violation of the procedure established by these Rules for maintaining, accounting, storing and issuing work books, officials are liable, established by law Russian Federation.
VIII. Production of work book forms and provision of employers with them
46. The production of forms of the work book and its insert and the provision of them to employers on a paid basis are carried out in the manner approved by the Ministry of Finance of the Russian Federation.
Forms of the work book and its insert have an appropriate degree of protection.
47. When issuing a work book or an insert to it to an employee, the employer charges him a fee, the amount of which is determined by the amount of expenses for their acquisition, except for the cases provided for in paragraphs 34 and 48 of these Rules.
48. In case of incorrect initial filling of the work book or an insert in it, as well as in case of damage through no fault of the employee, the cost of the damaged form is paid by the employer.
8. Registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of employment.
9. The following information about the employee is entered into the work book during its execution:
a) last name, first name, patronymic, date of birth (day, month, year) - on the basis of a passport or other identification document;
b) education, profession, specialty - on the basis of documents on education, qualifications or the availability of special knowledge (when applying for a job that requires special knowledge or special training).
10. All entries about the work performed, transfer to another permanent job, qualifications, dismissal, as well as about the award made by the employer, are entered in the work book on the basis of the relevant order (instruction) of the employer no later than a week, and upon dismissal - on the day of dismissal and must exactly match the text of the order (instruction).
11. All entries in the work book are made without any abbreviations and have their own serial number within the corresponding section.
12. With each entry made in the work book about the work performed, transfer to another permanent job and dismissal, the employer is obliged to familiarize its owner against a receipt in his personal card, in which the entry made in the work book is repeated.
Personal card form is approved State Committee Russian Federation on statistics.
13. The work book is filled in in the manner approved by the Ministry of Labor and Social Development of the Russian Federation.
14. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law.
15. Upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (with the exception of cases of termination of an employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (paragraphs 4 and 10 of this article), an entry is made in the work book about dismissal (termination of the employment contract) with reference to the relevant paragraph of this article.
16. Upon termination of the employment contract at the initiative of the employer, an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the relevant paragraph of Article 81
17. Upon termination of an employment contract due to circumstances beyond the control of the parties, an entry is made in the work book on the grounds for termination of the employment contract with reference to the relevant paragraph of Article 83 of the Labor Code of the Russian Federation.
18. Upon termination of an employment contract on other grounds provided for by the Labor Code of the Russian Federation or other federal laws, an entry is made in the employment record book about the dismissal (termination of the employment contract) with reference to the relevant article, paragraph of the Labor Code of the Russian Federation or other federal law.
19. Upon termination of an employment contract with an employee convicted in accordance with a court sentence to deprivation of the right to occupy certain positions or engage in certain activities and who has not served the sentence, an entry is made in the work book on the grounds, for what period and what position he is deprived of the right to occupy (what activity is deprived of the right to engage in).
20. Information about part-time work (about dismissal from this job), at the request of the employee, is entered at the place of main work in the work book on the basis of a document confirming part-time work.
21. An entry is also made in the work book at the place of work, indicating the relevant documents:
a) about the time of military service in accordance with the Federal Law "On military duty and military service", as well as about the time of service in the internal affairs bodies and customs authorities;
b) about the time of study at courses and schools for advanced training, retraining and training of personnel.
22. Corresponding entries made in the work book of persons released from work (position) in connection with unlawful conviction or removed from office in connection with unlawful criminal prosecution, established respectively by an acquittal or a resolution (determination) on the termination of a criminal case in the absence of the events of a crime, due to the absence of corpus delicti in the act or due to the failure to prove their participation in the commission of a crime, are recognized as invalid. The employer, at the written request of the employee, issues to him a duplicate of the work book without an entry declared invalid. A duplicate of the work book is issued to the specified persons in the manner prescribed by these Rules.
In the work books of persons who have served correctional labor without deprivation of liberty, an entry is made at the place of work that the time of work during this period is not counted in the continuous length of service. The specified entry is made in the work books at the end of the actual period of serving the sentence, which is established according to the certificates of the internal affairs bodies.
When a convict is dismissed from work in accordance with the established procedure and he enters a new place of work, the relevant entries are made in the work book in the organization to which he was accepted or sent.
23. When restoring continuous work experience in accordance with the established procedure, an entry on the restoration of continuous work experience is entered in the work book of the employee at the last place of work, indicating the relevant document.
24. The following information about the award (encouragement) for labor merits is entered in the work book:
a) on the awarding of state awards, including the assignment of state honorary titles, on the basis of relevant decrees and other decisions;
b) on awarding certificates of honor, awarding titles and awarding badges, badges, diplomas, certificates of honor, produced by organizations;
c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations of the organization, charters and regulations on discipline.
25. Bonuses provided by the wage system or paid on a regular basis are not recorded in work books.
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