A list of situations is given when such conclusions are allowed.

IMPORTANT: It is permissible to conclude a fixed-term contract with employees only when there is official confirmation that it is impossible to conclude a permanent, open-ended contract.

In this case, the period of work may be limited to different durations. It can be less than two months for temporary or seasonal work.

Accordingly, it is not advisable to hire workers for such a period. However, according to the norms of Article 65 of the Labor Code of the Russian Federation, an entry is made whenever the employee claims to make it.

If a person is hired as a deputy for a temporary vacancy, the period of his work may be quite long.

For example, absence from maternity leave and further leave to care for a child until the child is three years old can open up a vacancy for 3 or more years.

The same applies to university teachers and other specialists who are elected by competition for a 5-year term. In this case, keeping the book with the employer, with information about the position filled in, is extremely advisable.

Therefore, according to the regulations, the legality of making an entry is as follows:

1. for short-term employment relationships - up to three months, including when registering seasonal workers, the employment contract is issued at the request of its owner.
2. When replacing during maternity leave, in elective positions for a period of 4-5 years, the document must be submitted or issued at the place of work for first-time employed persons.

The registration of information in the labor office has minor differences with open-ended types of employment.

However, the employer is obliged to follow them in order to avoid violations of personnel records, focusing on the provisions of Article 66 of the Labor Code of the Russian Federation.

The specifics of the design are as follows:

• the entry into office is identical to that made in the case of permanent employment;
• the dismissal record differs in the grounds for termination of work;
• the remaining provisions are also unified and based on basic norms.

Procedure for creating an employment record

The book is filled out by the employer, a personnel specialist or a special authorized person responsible for maintaining and storing the books. Such powers can be transferred to employees if the entrepreneur or company does not have a specially dedicated personnel production.

The assignment of responsibility is formalized by a special order, indicating the position and personal data of the person assigned to the work.

After which third parties do not have the right to access personnel documentation.

The entry into office is made no later than 5 days after the appointment. A fixed-term employment contract and an order for employment are preliminarily prepared, executed and signed by the parties (Article 65 of the Labor Code).

The contract and order must indicate the reason for the upcoming dismissal or its date, otherwise it will be regarded as concluded for an indefinite period and the dismissal will be illegal.

Entering information according to the sample

At the top of the sheet, without indicating the serial number and date, the name of the company or individual entrepreneur is indicated. The line below in the first column contains the serial number following the previous entry. For the first time, employed persons are given 1, without the symbol No.

In the second column, where you should enter the date of hiring, there are 3 columns.

They are entered in turn:

• number;
• month;
• year of employment.

The entered date must correspond to the first working day specified in the application for admission, contract and relevant order.

The third column contains information about what position the temporary worker or deputy is taking.

The recording is made concisely. For example: “Accept the position of salesperson in the office supplies department.”

There is no need to indicate here that the main employee is being replaced or the person is employed temporarily for other reasons. This information must be present in the order and employment contract.

The fourth column contains the grounds for employment. These are the employment orders. Enter the name of the document “order” and its output data: number and date of issue.

The entered information about taking up a position is not endorsed or certified by a seal. They remain in this form until they are fired. The legal capacity of a record is based on an order and an agreement.

Hiring under a fixed-term employment contract; entry in the employment record:

Redundant information in the employment record is highlighted in orange:

The procedure for indicating information about dismissal

Dismissal is governed by the norms of the contract, which loses legal force on the day appointed upon its conclusion.

If we are talking about a deputy, it is due to the departure of the main employee. Its early termination is also allowed, at the initiative of one of the counterparties.

Before filling out the employment form, a dismissal order is drawn up. The date of dismissal must coincide with the information entered in the book and the day of termination of the contract specified at its conclusion.

If a deputy was accepted, then the order indicates the reason: “in connection with the release of Ivanova I.I.” In this case, the day of departure of the deputy must be indicated as the day preceding the departure of the main employee.

Entering information according to the regulations

There is no longer any need to indicate the company name. The serial number following the previous one is immediately placed. Next, using a similar principle, the date of dismissal corresponding to the last working day is entered.

The information about the work indicates the basic wording, which should reflect the norms for terminating the employment relationship for fixed-term contracts.

The wording provides the following entry:“Dismissed due to termination of the employment contract”, then there is a mandatory reference to the norms of legislation: “based on paragraph 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

Abbreviations such as the Labor Code of the Russian Federation are not allowed in the name of a legislative document.

If termination occurs early, other articles of legislation are indicated, according to the initiative taken by the employee or employer. Then the norms for entering information will not differ in any way from permanent, open-ended employment relationships.

After making an entry, the visa of the employer (IP) or the authorized person who made the entry is issued.

At the same time, his position and surname with initials are entered. When transferring the document into the hands of the owner, he also puts his signature a line lower than the person responsible for entering the information.

After the entered data is certified by the signature of an authorized employee, a stamp is affixed. Here, a round seal of the organization is used, which cannot be replaced with a personnel seal.

Its location must comply with basic standards:

1. horizontally - in the middle of the sheet;
2. vertically – two lines below the employer’s signature.

The completed document is issued personally to the resigning temporary worker on the last working day. Information about the issue must be entered in the issue journal, signed by the responsible person and the owner of the document.

An example of making a notice of dismissal under a fixed-term employment contract:

Conclusion

If employment information is entered into a temporary worker’s work book, it must comply with the nuances provided for by law.

First of all, you need to pay attention to the specifics of dismissal, when hiring leaves reliance on basic unified requirements.

E.A. answered questions. Shapoval, lawyer, PhD. n.

We make correct entries in the work book

If you have to deal with personnel records and fill out work books, then you may be interested in some situations that cause difficulties when making entries when hiring, issuing a duplicate work book, as well as correcting erroneous entries in work books.

You cannot write over the seal of your previous employer.

M.A. Sokolova, Tver

In the work book of the employee being hired, there is a seal of the previous employing organization, which occupies almost all the remaining empty lines in the “Work Information” section. Is it possible to make a new entry over this seal?

: No you can not. The seal certified the entries made in the employee’s work book by the previous employer. (hereinafter referred to as the Rules). Therefore, you need to enter the full and abbreviated name of your organization in column 3 “Information about hiring ...” of the “Information about work” section of the work book below on the free lines not occupied by the seal of the previous employer clause 3.1 of the Instructions, approved. Resolution of the Ministry of Labor dated October 10, 2003 No. 69 (hereinafter referred to as the Instructions).

If the empty lines on the last page of the “Job Information” section are not enough to make a record of hiring, you need to sew an insert into the employee’s work book. Then at the top of the title page of the work book you must put a stamp with the inscription “Insert issued” and indicate the series and number of the insert pp. 38, 39 Rules.

There is an error - make a correction

Yu.M. Deserted, Tver

We incorrectly indicated the date of the order in the employment record. How can I fix this error?

: Inaccurate or incorrect entries, including the incorrectly indicated date of the employment order, are prohibited from crossing out in the “Work Information” section of the work book. To make a correction, you must invalidate the employment record and make the correct entry clause 1.2 Instructions. It will look like this.

(1) Do not cross out the incorrectly indicated date of the order.

(2) Make a single entry regarding the invalidation of the incorrect entry and the hiring with the correct date of the employment order.

An employee who has lost his work book must be issued a new book.

A.E. Smirnova, Kazan

We are hiring a new employee. He wrote a statement that he had lost his work book and provided us with certificates from his previous places of work to fill out a duplicate of the work book. How to correctly make entries in a duplicate work book?

: In such a situation, you should not issue the employee a duplicate work book and restore the entries that were in the lost work book. The fact is that the list of cases when an employer is obliged to issue a duplicate work book to an employee is exhaustive. It includes the following situations and pp. 31, 33, 34 Rules:

• the work book was lost by a former employee who has not yet found a new job;
• the work book was lost by the employer;
• the work book has become unusable (burnt, torn, stained, etc.);
• the work book contains a record of dismissal or transfer to another job, which is declared invalid if the employee submits a written application for the issuance of a duplicate work book.

You need, at the request of the employee, to issue him a new work book from Art. 65 Labor Code of the Russian Federation, in which the first job entry is to indicate work in your organization. You do not need to make records of working for other employers. This was confirmed to us by Rostrud.

From authoritative sources

Deputy Head of the Federal Service for Labor and Employment

“ If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application from this person, to issue a new work book from Art. 65 Labor Code of the Russian Federation. In this case, the new employer is only responsible for issuing a new work book for the employee.

In case of its loss, a duplicate of the work book is issued by the employer at the last place of work before the loss of the work book, including in the case when the employee has already taken a new job.

That is, if an employee is interested in restoring entries in the work book, it makes sense for him to contact his previous employer for a duplicate. If you have already issued him a new work book, and he brought you a duplicate from the previous employer, then make a record of work in your organization in it, and destroy the new work book issued to him. clause 42 of the Rules.

You cannot “supplement” documents on the basis of which a duplicate is issued.

I.N. Dolgikh, Ryazan

The work record book of one of our employees was damaged, and not all entries in it can be read. To issue a duplicate, he brought us certificates from previous places of work. These certificates indicate periods of work, positions held, numbers and dates of hiring and dismissal orders, but do not indicate the grounds for dismissal. How can we fill out column 3 of the “Work Information” section of the duplicate work book? Do we need to certify the restored records of previous places of work with the seal of our organization?

: First, you must indicate in column 3 “Information about employment...” of the section “Information about work” of the duplicate work book, the employee’s documented length of service before joining your organization in total, without breakdown by individual employer. clause 32 of the Rules; clause 7.2 Instructions. After this, transfer individual periods of work with other employers to the duplicate in accordance with the entries in the work book, in exchange for which you are issuing a duplicate, and the certificates submitted by the employee.

Issuing a duplicate involves restoring all entries contained in the work book, but if the certificates of work submitted by the employee from previous employers contain incomplete data (in your case there is no information about the basis for dismissal), then you do not need to enter additional information from the employee’s words when filling out the duplicate O clause 32 of the Rules; clause 7.2 Instructions.

Then enter information about hiring in your organization and transfers (if any).

Additionally, there is no need to certify the recovered records with the seal of your organization.

You will put your stamp only after the employee resigns. clause 35 of the Rules, approved. Government Decree No. 225 dated April 16, 2003 (hereinafter referred to as the Rules). Then you will certify all the entries made in the work book by your organization, including restored ones.

The entries in the work book will look like this.

(1) You do not number recovery records.

(2) If the reason for dismissal is not indicated in the certificate submitted by the employee, then you do not indicate it either.

(3) If you are making a recovery entry based on a certificate submitted by an employee, indicate its details once opposite the dismissal entry, since the certificate simultaneously contains information about hiring and dismissal and clause 7.2 Instructions.

(4) Indicate the full and abbreviated name of your organization.

(5) Place the serial number “1” next to the entry for employment in your organization clause 7.2 Instructions

A record of work as an entrepreneur is not entered in the work book.

A.I. Sinitsyna, Bryansk

We are hiring an employee whose work book contains a record of working as an individual entrepreneur since 2009. What should we do?

: The work book reflects only periods of work under the employment contract Art. 66 Labor Code of the Russian Federation. An entrepreneur cannot make an entry in his work book about conducting business activities.

Rostrud explained to us how to correct an incorrect entry in such a situation.

From authoritative sources

“An entry in a work book can be declared invalid, but not the work book itself. Correction of incorrect entries is possible, but only on the basis of the relevant document clause 27 of the Rules.

If an entrepreneur has entered into his work book information about the period of his entrepreneurial activity, then in this case there is no document on the basis of which a correction can be made.

The new employer may continue to maintain such a work record.

In addition, if an entrepreneur was employed before starting entrepreneurial activity, he can apply to his previous place of work with an application to issue him a duplicate work book and “.

Rostrud

Therefore, make a record of this employee's employment in your organization as a matter of routine.

The branch must have a person responsible for work books

E.V. Kryukova, Volgograd

Our company opens a branch in another city. Where should we store the work books of branch employees if it does not have a personnel department?

: Work books for all employees are required to be kept and kept by the employer Art. 66 Labor Code of the Russian Federation. The branch is not the employer Art. 20 Labor Code of the Russian Federation. However, it is not advisable to store all work books in the personnel department or in the accounting department of the parent organization. The fact is that situations may arise when an employee needs to be fired without working off. This means that a work book must be issued to him on the day of dismissal (for example, when an employee who previously performed this work is dismissed due to reinstatement, by decision of the state labor inspectorate or court clause 2, part 1, art. 83 Labor Code of the Russian Federation). It is unlikely that this can be done if work books are stored at the organization’s head office in another city.

Since your branch does not have a personnel service or accounting department, the head of your organization needs to appoint by order one of the branch employees responsible for maintaining and storing the work books of the branch employees (for example, the office manager of the branch) clause 42 of the Rules.

He will certify with his signature the entries in the work books upon dismissal of the employee.

Rostrud explained to us what kind of seal can be used to certify entries in the work books of branch employees in such a situation.

From authoritative sources

“In the case where personnel records are carried out in a separate structural unit, it is allowed to certify the records with the seal of a separate structural unit, provided that the name of the organization itself is also indicated in the seal.”

Rostrud

A record of military service time can be made after a record of employment

I.N. Belousova, Perm

We hired a demobilized employee who had never worked anywhere before serving in the army, but we did not record his military service in his work book. Can we make this entry after the hiring entry?

: Yes, you can. Unlike the Soviet Instructions for maintaining labor records, clause 2.17 of the Instructions, approved. Resolution of the State Committee for Labor dated June 20, 1974 No. 162 (lost force) There is no requirement in the current Rules that a record of military service must be made before making a record of employment with subp. “a” clause 21 of the Rules. The fact that the chronology of the records will be disrupted will not in any way affect their correctness. Rostrud also agrees with this.

From authoritative sources

“ Information about the time of military service, in accordance with Federal Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service,” is entered into the work book at the place of work. Since the Rules for maintaining work books do not provide for a strict sequence for making such entries, they can be entered into the work book at any time before the dismissal of the employee and by any employer.

Thus, a record of military service can be made even after a record of employment with ".

Rostrud

Soviet labor books issued in the CIS countries are valid in Russia

Yu.I. Pesotskaya, Voronezh

We hired an employee - a citizen of the Russian Federation, who was previously a citizen of the Republic of Belarus. He presented us with a work book issued in this country, with work records in Russian. This is his first time getting a job in Russia. Can we continue the entries in the work book presented to him or should we get him a Russian work book and transfer into it information from a work book issued in a foreign country?

: It all depends on whether the document presented to you is a work book under Russian law.

This can be either a Soviet-style work book for an employee (for example, approved by Resolution of the USSR Council of Ministers dated April 21, 1975 No. 310), or a new-style work book approved in this CIS country after the collapse of the USSR. If this is a Soviet work book, feel free to make entries about work in it, since these books continue to be valid on the territory of the Russian Federation. If this is a work book of a sample approved by the Republic of Belarus, then it is a foreign work book and is not recognized on the territory of the Russian Federation. Then the employee needs to have a Russian work book. This was confirmed to us by Rostrud.

From authoritative sources

“In the Russian Federation, when applying for a job, work books of the Russian standard are drawn up and maintained, or work books of the Union standard continue to be maintained. clause 2 of Government Decree No. 225 of April 16, 2003.

Maintaining work books of a foreign type, including the type approved by the Republic of Belarus, is not allowed. An employee hired in Russia must have a Russian-style work book issued.”

Rostrud

An employee’s Russian work book does not need to indicate information about work experience in a foreign country. That is, there is no need to transfer entries from a foreign work book to a Russian work book. Letter of Rostrud dated June 15, 2005 No. 908-6-1.

Education information can be entered at any time

Z.I. Bunchuk, Stavropol

This year we hired an employee whose work record did not indicate his education. He was awarded a higher education diploma in 2010, when he was still working in another organization. Can we make a record of education on the title page of his work record book now?

: Yes, you can. In principle, a record of education on the title page of the work book is made when an employee enters work for the first time in the presence of a document on education and subp. “b” clause 9 of the Rules; clause 2.1 Instructions.

But since the employee presented a diploma when joining your organization, you need to fill out the “Education” column on the title page of his work record book, indicating “higher professional education” there. Also, based on the diploma, you need to indicate the profession and specialty received by the employee. If the column “Profession, specialty” on the title page of the work book was filled out by the previous employer, and the employee received a new profession, specialty, then this column must be supplemented without crossing out the previously made entry and pp. 2.1, 2.4 Instructions. Do not forget to attach a copy of the diploma to the employee’s personal file.

In the previous publication of the series we announced, you learned how to create a work book and what entries need to be made when registering it on the title page. In the article we bring to your attention, we decided to highlight the basic rules for making entries in the work book when filling out the sections “Information about work” and “Information about awards”.

General rules for making entries

Before moving on to the description of specific entries in the work book, we note the most general rules that are established by two normative legal acts already known to you - the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by the Decree of the Government of the Russian Federation of April 16. 2003 No. 225 (hereinafter referred to as the “Rules”) and the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 (hereinafter referred to as the “Instructions”):

Rules for entering information about work into the work book

Information about work in a particular organization begins with information about hiring. Let's look at the basic rules for entering this information.

What information is required when applying for a job?

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

When making a job entry, you must adhere to such a sequence:

1. First, in the 3rd column of the “Work Information” section, the full name of the organization, as well as the abbreviated name, is indicated as a heading (without indicating the serial number and date of entry). name of company (if any) in accordance with its constituent documents (charter, constituent agreement, regulations).

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

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

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

Usually, name of position (work), specialty, profession indicating qualifications is carried out in accordance with the staffing table - a document that every organization must have. However, if, in accordance with federal law, the performance of work in certain positions, specialties or professions is associated with the provision of benefits or the presence of restrictions, then the names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements provided for in the relevant qualification reference books approved in in accordance with the procedure established by the Government of the Russian Federation. Currently in effect:

• Qualification reference book for positions of managers, specialists and other employees, approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37, and
• A unified tariff and qualification directory of works and professions of workers, individual issues of which were previously approved at different times by resolutions of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions, and the general provisions were approved by resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated January 31, 1985 No. 31/3-30.

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

In addition, in practice, it is important to understand which titles refer to positions and which to professions. Unfortunately, often those responsible for maintaining work records do not distinguish between work by position and profession and make, for example, the entry: “A mechanic has been hired for the position,” although a mechanic is a profession, not a position. The correct entry would be: “Accepted by a mechanic.” In order to accurately determine which name is correctly attributed to a position and which to a profession, you can use the above reference books, as well as the All-Russian Classifier of Worker Professions, Employee Positions and Tariff Classes (OKPDTR), approved by Decree of the State Standard of Russia dated December 26, 1994 No. 367. These documents will help to avoid mistakes not only when making entries in work books, but also when concluding employment contracts with employees, when issuing orders (instructions) on hiring.

Another common mistake made in practice when making entries in work books is incorrect use of the words "accepted" or "assigned". The fact is that appointment to a position can take place in strictly defined cases, namely, only in cases where this is provided for by regulatory legal acts or the charter (regulations) of the organization, for example, heads of branches and representative offices of a legal entity. In all other cases, it is unlawful to indicate appointment to a position. The wording “enrolled in a position” is equally incorrect.

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

When making entries in the work book about hiring, the requirement that the employment records exactly correspond to the order (instruction) of the employer is often incorrectly interpreted, reproducing the text of the order (instruction) in the work book indicating, for example:

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

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

5. Finally, in the 4th column the name of the organizational and administrative document is indicated on the basis of which the employment record is entered into the work book - an order (instruction) or other decision of the employer - indicating its date (first) and number (after the date ).

Example 1

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Semenova E.M. accepted into Nagatinskaya Zastava LLC as an assistant manager, which is reflected in the hiring order No. 023-ls/p dated 02/11/2010. It is necessary to make the following entry in the work book of Semenova E.M.:

What to do with an old-style work book?

What if a person comes to your work and brings a work book in a form that was approved earlier than the form that is used now? You will find the answer to this question in the Decree of the Government of the Russian Federation dated 04/16/2003 No. 225 “On work books”, in paragraph 2 of which it is established that work books of the new sample will be put into effect from 01/01/2004, and work books available to employees of the previously established samples are valid and cannot be exchanged for new ones.

This means that work books issued on old forms from 1973 are recognized as valid provided that the employee was hired at the first main place of work in the period from 01/01/1975 to 01/01/2004. If your employee’s work book was opened before 01/01/2004, it is necessary to make entries in it, and not to draw up a new work book according to the currently valid form, if there are free lines in the “Work Information” section. When the free space runs out, you should fill out an insert in the same work book, but on the 2004 form, and further information about the work will be entered into it later.

However, making an entry for employment is only the very beginning of filling out the “Work Information” section of the work book when working in a given organization.

What information is entered during the employee’s working life in the organization?

During the period from the date of hiring to the date of dismissal, a number of entries can be made in the “Work Information” section of the employee’s work book. Let's look at them in detail.

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

Example 2

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Evseeva E.P. works as a 3rd category assay laboratory assistant at Family Doctor LLC. By Order No. 043-a of February 18, 2010, she was assigned the 4th category, about which the following entry was made in the “Work Information” section of Evseeva E.P.’s work book:

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

Example 3

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A 3rd category car repair mechanic, P.S. Sergeev, working at Avtostan CJSC, has been given a second profession - engine tester with a 6th category. In the “Work Information” section of the work book, this will be reflected as follows:

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

A) when a job function changes employee (i.e. change of position, profession, specialty indicating qualifications; assignment of a different type of work). For example, a transfer to another job with the same employer will result in the employee being promoted;

Example 4

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Legal Adviser of OJSC "Cypress" Arkadyev V.V. promoted to the vacant position of deputy head of the legal department. This is reflected in the work book as follows:

b) when a structural unit changes;

Example 5

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Accountant of the accounting and audit department of Ulysses LLC Sukhanov A.P. transferred to the labor and wages department to a similar position.

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

Example 6

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Chinareva S.S. hired by the office of Saracen LLC as a secretary. She was subsequently transferred to the HR department as an inspector.

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

In itself, a change in an employee’s wages, a change in his work regime, as well as the movement of an employee in the same organization to another workplace, to another structural unit in the same area, the assignment of work on another mechanism, if the employee’s labor function does not change, are not considered translation and do not require changes to the work book.

3. In case company name changes An appropriate entry must be made in the workers’ work book. The fact is that if you do not enter it, you will get a paradoxical situation - the employee is accepted into one organization, and when making a record of dismissal, the seal of the organization will be affixed with a different name. This will make it possible in the future, when applying for a pension, to doubt the legality of including time worked in such an organization in the relevant length of service, as a result of which the employee will most likely be required to submit additional supporting documents - certificates from the place of work, from the state archive, etc. To prevent such doubts from arising, it is important to correctly make an entry about the renaming of the organization in the work books of all employees in the “Work Information” section:

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

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

Example 7

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According to the decision of the general meeting of participants, documented in Minutes No. 02 dated 02/10/2010, the Premier Consult Limited Liability Company was renamed into the Premier Consulting Company Limited Liability Company from 02/17/2010. Considering that the organization employs more than 1,000 workers, the HR department ordered a typesetting stamp in advance, with the help of which the corresponding entry was made in the workers’ work books (see sample on the next page).

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

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

According to Part 1 of Art. 75 of the Labor Code of the Russian Federation, when the owner of the organization’s property changes, the new owner has the right, no later than three months from the date on which his ownership rights arise, to terminate employment contracts only with the head of the organization, his deputies and the chief accountant (Clause 4, Part 1, Article 81 of the Labor Code of the Russian Federation). The new owner cannot terminate employment contracts with the remaining employees on his own initiative.

By virtue of Part 5 of Art. 75 of the Labor Code of the Russian Federation, when reorganizing or changing the jurisdiction/subordination of an organization, employment contracts with employees are not terminated.

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

For the employees who remain at work, entries are made in their work books in a manner similar to the entry made in connection with the renaming of the organization (see Example 7).

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

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

Example 8

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Head of the legal department of Status LLC Lapina L.I. was sent by the employer to improve her qualifications at the State Academy of Professional Retraining and Advanced Training for Managers and Investment Sector Specialists under the program “Effective Work of the Organization’s Legal Service.” Upon completion of training, she was issued a certificate of advanced training dated February 15, 2010 No. 290.

Example 9

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

Footnotes

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In order to accurately answer the question of whether to make an entry in the work book for the acting director, it should be clarified that this position is temporary. From this point of view, there are some nuances that depend on the purpose of the appointment. If the director went on vacation, and the acting is required only for the period of its replacement, then no entry is made. However, if the director was dismissed and a temporary one was appointed in his place on a probationary period, then an entry must be made, since this person can become a permanent full-fledged director after the expiration of the probationary period.

Who is the acting?

To clarify when entries should be made in the work book, it is important to understand what the position “acting” means. From a legal point of view, the performance of duties is a temporary assignment that can last no more than one month. During this period, the employee’s payment increases in accordance with the increase in responsibilities, which occurs on the basis of an issued order. The Labor Code clearly states the rules according to which, after the specified period, the employee must be returned to his previous position or transferred to permanent work as a director.

The exception is when a special agreement was concluded between the employee and the employer, which specified other deadlines for the performance of duties. If the employee refuses the offer or the job is unavailable, he should be released from work in the manner prescribed by law. Such an entry stating that the employee is an acting employee cannot be entered into the work book. According to the Labor Code, duties cannot be performed as a vacant position unless an official transfer is provided.

Temporary appointment

An appointment for temporary transfer to the position of director is possible in the absence of the director. Most often, these responsibilities are assigned to the deputy director. If such a position is not provided for in the company, then the director must assign the functions of a manager to an employee whose qualifications allow him to occupy such a position.

In such a situation, an order is made that for a certain period this employee is acting. boss An entry in the work book when appointing an acting director is not made, since he is not a permanent director.

In some cases, in parallel with the employment contract, it is necessary to conclude an additional agreement on the performance of duties. These cases occur if the director must be absent for a long period of time. It should also be clarified whether the employee is relieved of his duties for the period of performance of the acting function. If yes, then it is necessary to draw up an additional agreement in which all responsibilities should be spelled out. Based on this document, the amount of additional payment is determined and the replacement period is established.

A temporary transfer can be made, as a result of which the employee will be transferred to the position of director for the period of his absence. This procedure occurs on the basis of agreement of the parties: a special agreement is concluded. Instead of specific deadlines, the instruction is indicated: “Before the official director goes to work.” In this case, the acting director also does not receive an entry in the work book.

And about. the director is obliged to sign documentation on his own behalf, since he has such authority. In this case, the algorithm for making an entry is as follows:

• the details of the order should indicate the name of the position of the person who signs the document)
• a personal signature is placed and its decoding in the form of surname and initials)
• instead of the acting title The documents should indicate the position held by the employee according to the staffing table.

If, when filling out an order, there is a discrepancy between the position, signature and its transcript, the document is considered invalid.

There are cases when the charter prohibits transferring the powers of a director during his absence. In this case, a power of attorney is issued, under which the official receives temporary control over the company.

A work book is a document about an employee’s work activity and length of service. The obligation and procedure for drawing up this document are strictly regulated by the provisions of labor legislation. It is an offense to depart from these provisions. However, in practice, situations often arise when, for one reason or another, the employer did not make an entry in the work book. We will consider the procedure in such a situation below.

Obligation to make entries in the work book

Labor legislation requires organizations and individual entrepreneurs to compulsorily fill out work books for their employees.

Based on the provisions of Article 66 of the Labor Code of the Russian Federation, this document is the main document for recording the employee’s work experience, as well as other information about his work activity.

The form and procedure for maintaining work books are approved in two regulatory legal acts:

• Rules of conduct approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules);
• Instructions for filling out, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instructions).