When will the workbook be cancelled? Myths and truth about the abolition of work books

How to cancel paper work books Natalia Kovtun 2020-02-04 http://website/upload/iblock/acb/acb5714572547270a6a05aa63277eee4.jpg

Until February 17, 2020, all companies must submit the first reports on their employees as part of the abolition of paper work books and the transition to electronic reporting to the Pension Fund of the Russian Federation. The well-known Russian labor law expert Valentina Mitrofanova explains how to do it right.

The other day, the Pension Fund of Russia approved the form, procedure for filling out and the electronic format of the report on the labor activity of employees to replace paper ones that are fading into oblivion. work books. You will have to use the form called SZV-TD from February 17th.

Valentina Mitrofanova

Founder and head of the IPK Group group of companies (Professional Personnel Officer Institute, IPK Consulting). Over 20 years of experience. Practicing consultant in the field personnel office work and labor legislation, a leading Russian business coach. Has two higher professional education- economic and legal. PhD in Economics. Extensive experience in inspection checks conducted by the Labor Inspectorate, the Social Insurance Fund, the Pension Fund, the Tax Inspectorate, etc. Experience judicial practice on issues of labor conflicts both on the part of the employer and on the part of employees.

Let me remind you of the main steps that personnel officers should take in 2020 in connection with the transition from a paper work book to filing reports on the labor activity of employees in in electronic format. The new FZ-439, the so-called law on the abolition of work books, entered into force on January 1, 2020. It gives a roadmap that describes what personnel officers must do within the framework of this law.

First of all, it is necessary to revise local regulations. For many, these are internal regulations, which usually indicate what documents the employee presents when hiring, what documents the employer issues to him when the employment relationship is terminated, the provision on internal service, job descriptions for those who work with work books, etc. But there may be other local regulations. So they need to be corrected.

That is, all those local regulations that mention the procedure for working with a work book need to be reviewed and adjusted. If you are in regulations the work book is mentioned, then everywhere it will be necessary to make a technical correction similar to the one used in official documents: where the work book was written before, now either “and” or “or” should be written - this is important - information confirming labor activity according to Art. 66.1 TC. If your regulatory local acts do not need such an adjustment, then I recommend documenting this in the form memo or in the form of an act for inspection commissions.

The next step is to ensure the technical readiness of the company to submit reports to the Pension Fund on the length of service of employees in electronic form. The PF website contains requirements that will need to be met for technical support. I think that companies that already work with electronic reporting, should not occur.

One of the main responsibilities that is set for the employer this year is the issuance of notices to employees. In this case, we are not talking about a collective notification, but about a personal one. That is, each employee of the company must receive a notification from the HR department by June 30, 2020.

Important point of this notice - content. It is necessary not only to inform that by the end of the year the employee must decide whether he wants the employer to keep his work book in paper form or it is enough for the company to submit information about his work experience in electronic form, it is necessary, according to the law, to notify employees about all changes that occur in the legislation and are associated with the abolition of paper work books. That is, this notification should be informative so that people understand what is happening with the system, how it will work, how they will now confirm their experience, what will happen when the employee refuses to maintain a paper version. The law requires this so that the employee can make an informed decision regarding the maintenance or non-maintenance of a paper work book. We all understand that for people this is a situation of certain discomfort.

The country with a work book lived for more than 100 years, the first appeared in 1918. Until now, this has been the main document that confirms the seniority, preferential seniority, and the right to a pension. Experiencing a cancellation now is a pretty serious event for many people in the country, so personnel officers should remove these fears, clarify the situation in this very notice. The deadline for this is quite sparing, no one forbids starting issuing notifications today, not waiting for the end of June. I would recommend starting to do this now, simply because this topic will appear in the media and people will still come to personnel officers with questions about what is happening, asking for advice.

Whether it is necessary to register the issuance of such notices remains at the discretion of the company and depends on what kind of document management and registration system is already in operation in the company. If you think that you will protect your interests by issuing two notices - both signed by the employee and one you keep for yourself - you can do so.

Please note that in the notice we write not only that the legislation has changed, but most importantly, we tell the employee that he must make a choice: either refuse to maintain a paper work book, or notify the personnel department so that he continues to keep a work book in paper form. At the same time, the law is formulated in such a way that the employee does not make a choice in favor of a paper work book or electronic submission of data to the Pension Fund. In electronic form, data will be submitted for everyone, regardless of whether a paper version of the work book is maintained. That is, the choice of the employee is only whether to continue to keep the work book in paper form or the personnel department can return it to him.

As for the technical details. Be sure to tell people how they should apply for their choice, who in the company is responsible for making it. To simplify, I would even advise making forms for such applications, because people will still come and ask how to do it. The main thing is that employees understand the procedure, where to carry the application, to whom to give it, so that the procedural issue is resolved.

The employee has the right to submit such an application before the end of the year, and by law until December 31, 2020 inclusive. At the same time, not only the person who wants to abandon the work book, but also the one who wants it to continue to be kept, must write such statements. Human Resources does not have to collect all applications by December 31st. The law says that if the employee has not submitted an application before this date, the personnel department continues to paper version work book. So this is the default choice.

When receiving an application from an employee to refuse a paper work book or leave it, it is better for the personnel department to register it, because information about the choice will need to be provided to the PF, it will be recorded in the person’s electronic work book.

If an employee refuses a paper work book, then the personnel department issues it to him. Some controversy arises here when to issue if the application was written, for example, in February 2020, and according to the law, he can submit it before December 31. That is, to issue immediately or wait until the end of the year? There is no answer in the law, but I do not see this as a big problem. If an employee wrote that they no longer need to maintain a paper version, then he will not have a way back. That is, a person who has chosen to maintain a paper version can refuse it at any time, and if a person refuses a paper version, then he has no right to return everything back.

The initiators of the project believed that by 2021 more than 80% of workers would abandon the paper work book, I am a pessimist and I am inclined to believe that, on the contrary, 80% will choose the paper version due to both habit and fear of digital technologies, if anything - you you lose the document confirming your work experience.

From January 1, 2021, new paper work books will not be issued for people who are hired. But there will remain the institution of designing inserts in work books, so do not rush to throw them away. We still issue duplicate work books, if there is a loss, we cannot refuse the work book record keeping book, because even if everyone in your company refuses them, it may happen that in next year a person with a paper work book will come to you at work.

An employee to whom we issue a work book is recorded that he has submitted an application. I hope that the Ministry of Labor will give a form or explanation on how to do this, but even if it doesn’t, I recommend that you proceed in the same manner as you close the work book upon dismissal.

Also, personnel officers are waiting for a certificate form approved by the Ministry of Labor, which the company will have to issue to the employee upon dismissal. There is a project, but its approval is required.

In addition, this year begins the development of an algorithm for submitting information to the Pension Fund about the length of service of employees in electronic form. In fact, we enter information about our employees into the PFR information base. So, in 2020, until the 15th day of each month, we will submit information only for those employees for whom some changes occurred in the previous month.

Let me explain, as they say, on my fingers: in January 2020, a company employing 100 people hired Ivanov, fired Petrov and transferred Sidorov to another job. The first deadline for submitting information is until February 15, but since it is a weekend there, the deadline is shifted to February 17. We submit information only on three employees. But we serve specifically. On Ivanov, we submit information only about admission. According to Petrov, we provide all the information about what happened to him in our organization while he worked in it: that is, when he was hired, what transfers he had, including information that he was fired in January 2020. According to Sidorov - as well as to the dismissed one, all the information, starting with hiring. We will also indicate in this reporting the applications submitted by the employee, including whether he left the paper work book or refused it.

Thus, in 2020, submitting information every month, the majority of employees will be entered into the database. Nevertheless, if suddenly for 2020 some of your employees are not included in any of the monthly reports, then submit information about them - when they were hired, what were the transfers, etc. - will be required by February 15, 2021. And I would advise you to establish control over whether information on each employee was transferred to the Pension Fund or not, in order to understand who else will need to be reported before February 15, 2021.

The most interesting will begin in 2021. The Human Resources Department will continue to submit monthly reports until the 15th, but they will only include information on transfers and applications submitted, but information on hiring and dismissal will need to be submitted online, that is, the day after documented hired or fired. Interestingly, this project is under the auspices of simplification personnel work, and in fact only this year the volume of work will increase by 5-7% due to new form reporting, notifications, applications, and in 2021 - by 10-12%, because information about appointments will be submitted online, monthly about transfers, the story of maintaining work books for those who leave them will continue. You need to be ready for this.

In a nutshell, I will describe the logic of work new system. There is a single information base to be maintained by the FIU. Information from employers about admissions, transfers, dismissals, and assigned ranks will flow there. How, with a new employment, can an employee who does not keep a paper work book confirm his length of service? He will need to take a certificate (Article 66.1 of the Labor Code) from any of the three bodies that use the PFR database data: at the PFR itself, at any MFC, on the public services website. The difference is only in the form of the certificate: in the MFC it will be a paper certificate with a seal, in the Pension Fund the certificate can be both paper and electronic, on the website of public services - only electronic.

There is one more question that I really want to get an answer to, but it has not yet been received. Where will information about the previous work experience of an employee come from in a single PF database? As information about his current experience gets there, it is clear that the current employer will enter this information there. And who will make the previous ones? We hope that this year we will receive clarifications on this issue from the FIU.

Employment books in Russia in their current form are inconvenient for employers, the citizens themselves and the Pension Fund, said the head of Sberbank German Gref at the All-Russian Conference " Online cash desks new opportunities for growth."

“We live under the conditions of this absolutely chaotic legislation, which was written in the twenties of the last century. And this is inconvenient for employers, we incur huge expenses. it is inconvenient for the Pension Fund, which has to enter and calculate all this manually," RIA Novosti reports the words of the head of Sberbank.

“Today we spend hundreds of thousands of eco-hours filling out a work book, always with a blue pen, always with a blue seal and must be filled out by hand. If you accidentally lost it, you need to run around a huge number of organizations, and they have long been maybe it doesn’t and doesn’t exist, they have already closed, but it’s necessary to accrue a pension. This is a huge problem, ”complained Gref.

In the early 2010s, the idea of ​​abolishing work books was discussed, leaving a transitional period for those "who are used to them." However, in 2016, the head of the Ministry of Labor Maxim Topilin said that in the near future they would not refuse books, but a transition to an electronic version was possible.

However, the head of the Social Committee of the Federation Council, Valery Ryazansky, has already spoken out that he considers it premature to abandon work books in the Russian Federation in paper form.

This material is an excerpt from the literary processed transcript of the question and answer session after the seminar "For what the labor inspectorate fines" (lecturer - A.I. Dybov), which was held by the Glavnaya Kniga publishing house. A.V. answered some questions from the audience. Rymkevich.

A survey on the website www.glavbukh.ru showed that more than half of our readers are excited about the possible abolition of work books. Meanwhile, the upcoming changes in labor legislation are not limited to the abolition of labor. Alexander Safonov, Deputy Minister of Health and Social Development, told what to prepare for.

In this regard, Clerk.Ru conducted a survey "", according to the results of which 66% of respondents opposed the abolition of the work book and noted that this is the only document guaranteeing an old-age pension.

At the same time, 33% of respondents believe that the work book should be abolished, since this document has simply become obsolete.

Employment records will be cancelled. The plans for such a revolutionary change were recently announced by Deputy Minister of Health and Social Development Alexander Safonov. An official of the Ministry of Health and Social Development, a well-known personnel lecturer and chief accountant spoke in our editorial office about how to prepare for this event.

The Ministry of Health and Social Development has been planning work books since 2012. At the same time, the ministry is convinced that the work book has become an anachronism and often serves as a reason for violating the rights of its owner.

In this regard, Clerk.Ru decided to conduct a survey "" and invites its readers to express their own opinion on this issue.

Ministry of Health and social development The Russian Federation proposed to send it to the scrap from next year main document all workers. The department believes that the use of a work book today is absolutely ineffective.

First Deputy Chairman of the Federation Council Alexander Torshin declared the inadmissibility of mass and mandatory cancellation of work books, noting that such cancellation should be gradual and voluntary.

According to the press service of the Federation Council, in particular, Torshin said that citizens should have the right to demand that the employer issue a work book, since an automatic ban on work books will give rise to a lot of legal problems.

At the same time, the senator noted that now it will be necessary to analyze all current legislature and adopt appropriate amendments to those laws that in one way or another regulate the issues of registration of a work book.

Senators supported the abolition of work books. At the same time, a number of senators "pay attention to the need for reliable guarantees that citizens will not suffer when calculating the accrual of pensions in the event of changes in legislation or computer failures," the press service of the Federation Council reports.

Thus, in particular, Konstantin Titov, Deputy Chairman of the Federation Council Committee on Social Policy and Healthcare, noted: “From the point of view of market economy, a work book is an anachronism, so this system must be abandoned. However, a hasty departure from the practice of using work books is unacceptable. First, special documents should appear, which would describe in detail the new procedure for calculating the length of service for calculating a pension. Without them, there can be no question of the abolition of work books at all.

Amir Gallyamov, a member of the Federation Council Committee on Federation Affairs and Regional Policy, noted in this regard: “The idea of ​​the Ministry of Health and Social Development is close to me. The work book and modern youth are incompatible concepts. In addition, where there are work books, there is corruption, because they are forged, sold and bought. So I’m ready to give up my work book with ease.”

At the same time, it is premature to cancel the institution of work books from next year, the senator believes.

Premature liquidation of work books will not happen

The senators supported the initiative of the Ministry of Health and Social Development of Russia, which recommends starting the abolition of work books from 2012, leaving a 10-year transition period.

According to the press service of the Federation Council, according to Amir Gallyamov, a member of the Committee on Regional Policy, a work record and modern youth are incompatible concepts. In addition, books are forged, sold and bought.

“ I am ready to give up my work book with ease. At the same time, one should not condemn the older generation, to whom it is dear as a memory of a hard working life. The work book for them is not only their experience, but also the ups marked in labor thanks and encouragement. I believe that from next year it is premature to cancel the institution of work books. It is impossible to hurry with this, but in the future, of course, they should be abolished,” the senator noted.

Document flow will become easier, but employers will know less about candidates

The work book, which will celebrate its centenary in two years, may not live up to the anniversary. The idea of ​​its abolition has been in the air for a long time, and now it seems that the authorities have moved from talk to action. To begin with, small enterprises will be allowed to abandon the Soviet legacy. The government has already submitted the appropriate amendments to the Labor Code to the State Duma. If everything goes smoothly, paper work books will be completely eliminated, and they will be replaced by electronic databases.

We started with small companies, with a staff of no more than 15 people. Many businesses to avoid paperwork, are already being hired without labor - under a contract. The new bill only streamlines the existing practice. In this case, the main document becomes an employment contract. It may contain a clause that the book is kept at the employee's home. In it, the employer must make a record of the reason and date of dismissal of the employee.

Why is a workbook no longer needed? It is difficult for people who were hired thirty years ago to imagine that they can do without the usual green, gray or blue book - it's the same as without a passport. The older generation believes that without a piece of paper a person is not like a person. V Soviet time without a work book it was impossible to get a pension. However, since 2002, for the formation of a pension, the length of service does not matter, and only the period during which insurance premiums to the pension fund. All this fully applies to the calculation of sick leaves and benefits for pregnancy and childbirth.

However, if work books are eliminated, then something more universal should come to replace them. In the personnel department of MK, for example, they spoke in favor of changes. The absence of paper media relieves enterprises of the responsibility for their storage. The existing rules on this matter are quite strict: work books should be kept in a safe or iron cabinet under lock and key, without access by outsiders. On the other hand, specialists do not have confidence that employees and employers are fully prepared for the transition from paper to electronic media. “Theoretically, it is possible to digitize all work books, but then this information should be stored in some common base available to the employer and the employee," personnel officers argue.

There is such experience in Russia. Federal tax service has long kept its database in electronic form, abandoning paper. The number of users, the amount of information, the regularity of its updating is comparable to the work personnel services. Until the state has decided on the person responsible for storing and maintaining the relevant database of work books - it will be the Ministry of Labor, Rostrud, the Pension Fund or someone else. In any case, the portal will provide " personal accounts”, both employees and employers, who will only have access to their own information.

Now it is enough for an HR specialist to look into the work book, and the whole life of the applicant is in full view - at what age he found his first job, for what reasons he left the previous one, and so on. For example, a job that is too "chubby" with a large number of records can lead to a job denial. An employee who is in conflict with the employer may face a reprimand with entry into the labor force or dismissal under the "wolf" article. With the elimination of work books, perhaps all this will become a thing of the past. The same employment contract will help out those who do not want to "dirty" their work path with a dishonorable place of work. But it will be much more difficult for an employer to track an employee’s career. We will have to connect the security service, which will break through the applicant's work biography through its own channels.

“It is worrying that with the transition to electronic databases there is no guarantee of the reliability of this kind of media. If something happens to the online version of the work book, how then can the employee confirm his previous work experience? Look for witnesses?”, – argues the professor of the Department of Labor and social policy RANEPA Lyubov Khrapylina.

Ksenia Mikhailichenko, a lawyer with the Center for Social and Labor Rights, considers such fears unfounded: “Now it doesn’t cost anything for an employer to “dissolve” the office, as they say, until better times. And then look for the director already abroad, the office is closed, and with it the documents of employees. With the abolition of work books, such situations should no longer arise. ”

On the other hand, the rejection of paper work books should not be abrupt. The process will take several years.

Currently, in accordance with the labor legislation of the Russian Federation, a work book is the main document confirming the labor activity and length of service of an employee. In all organizations, work books are maintained for all employees working more than 5 days.

What you need to know about workbook

The work book has passed a difficult historical path.

For the first time, work books were introduced in 1918 by the Labor Code of the RSFSR, in which, in Art. 80 it was stated that every worker is obliged to have a work book, while this article had an appendix regulating the procedure for maintaining work books.

On April 20, 2016, the draft Federal Law N 1050405-6 “On Amendments to the Labor Code” was submitted to the State Duma. Russian Federation in terms of the peculiarities of labor regulation of persons working for employers - small businesses, which are classified as micro-enterprises.

In accordance with this draft law, a new chapter 48.1 “Features of labor regulation of persons working for employers - small businesses that are classified as micro-enterprises” is being introduced into the Labor Code of the Russian Federation.

At the stage of discussion of the bill, 5 revisions of the draft of the introduced Chapter 48.1 were considered: revision No. 1 of 10/09/2015, revision No. 2 of 04/20/2016, revision No. 3 of 05/13/2016, revision No. 4 of 06/14/2016, revision No. 5 of 06/22/2016. 2016.

Between themselves, they had significant differences. First of all, revisions No. 1 and 2 provided that, by agreement of the parties to the employment contract, employers - small businesses that are classified as micro-enterprises, information about work could not be entered in the work book of the employee, and when concluding an employment contract for the first time, the work book could not be issued to the employee . In these cases, an entry would be made in the employment contract on the date and grounds for termination of the employment contract. However, in subsequent editions No. 3, 4, 5 said provision was missing.

Is it possible to cancel work books in Russia in 2017?

On July 3, 2016, Federal Law No. 348-FZ “On Amending the Labor Code of the Russian Federation with regard to the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises” was adopted, which comes into force on January 1, 2017 .

In the newly introduced Chapter 48.1 of the Labor Code of the Russian Federation, there are no provisions establishing a different procedure for maintaining work books for small businesses, work books must be kept for all employees.

That is, for all employers general order maintenance of work books for all employees working more than 5 days, except for employers - individuals, which are not individual entrepreneurs.

Therefore, work books in Russia in 2017 will not be canceled.

Much controversy and concern have been caused by recent proposals to abolish work books. How now to take into account the length of service, display career ups and much, much more. To dispel the most common fears and doubts, we asked a specialist in labor law Elena Gerasimova.

Hello, Elena.

Hello.

It is possible that work books will be canceled next year, but so far this is an initiative. Let's first talk about what it is connected with and what are the main pros and cons?

In fact, not even next year, but after a longer time. That is, it is assumed that there will be such a transitional period when work books will not be mandatory, and in the future, somewhere in 12-15 years, the final abolition of work books will finally happen, by 2025 approximately. And in the interim, books will be kept at the request of the employee. At present, there are many technical issues, for example, in which the work book interferes, or at least it is very inconvenient to work with it labor Relations. For example, sometimes it happens that the employer, knowing that the work book is obligatory, threatens the employee, manipulates the employee, demanding something from him, threatens that, and I will make a bad record of dismissal under the article in the work book, like this we are called, that is, about dismissal on a guilty basis. With the disappearance of the work book, for example, such an opportunity will disappear.

And what will happen instead of a work book?

According to the Ministry of Health, for several years, work has been carried out to develop a single electronic system that would allow data to be combined together: and The Pension Fund, and the Social Insurance Fund, and the data, as far as I understand, the State tax office, which just has information about the size wages. And this integration into a single database will allow us to solve those issues for which a work book was needed.

Let's assume this is the situation. The employer, as often happens, has sunk into oblivion, and the person who worked for him cannot prove this fact in any way. What should he do?

If the question of how to prove an employment relationship arises after the cancellation of the work book, in fact, nothing will change for a person, because in the same way the obligation remains and will remain forever and, I hope, in Labor Code, the obligation to conclude an employment contract with an employee in two copies, one of which must be transferred to the employee, and draw up other documents on work: an order for employment, all orders that record changes in the status of an employee, an order for dismissal.

And how will they pay without work books sick leave, calculate pensions, calculate all kinds of allowances, and so on?

If it seems to be possible with pensions at the moment even under the current system, electronic system, with the current system of personalized pension accounting to calculate the amount of pensions, the situation with benefits today is more complicated. For now, these benefits are paid by the employer. Now, if a transition is made to this single electronic system, into which information from all public funds who keep records and receive reports from employers, if this information is accumulated in one place, then the Social Insurance Fund will be able to switch to calculating these benefits on its own.

Information about awards, titles, for example, "Veteran of Labour", is also entered into the work book. What will happen to this information?

You just have to confirm this with primary documents, what is called, yes. That is, if this is, say, some kind of bonus or declaration of gratitude, then an order to declare gratitude at the place of work, on the assignment of various titles, is also the relevant documents. Another thing is that you will need to collect these orders carefully enough all your life, employment contracts, orders about everything. About everything, about everything, it seems to be quite a difficult task. And the main recommendation is to keep your work book always even after they are canceled, they will become optional there for some quite a long time in the most unforeseen situations, it seems to me that the work book can still come in handy.