Stamp in the work book upon dismissal in 2021

When is a seal required in a work book?

All entries made in the labor record do not need to be certified with a seal; the law does not require this. However, in some cases it is required.

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

In addition to the above, a seal will be required if there was an omission in the records. For example, an employee was transferred within the organization, but no entry was made in the book.

After an application from the employee, such an entry can be added to the book. It is entered after the dismissal of the employee and the corresponding entry.

Such a record must be certified by a seal (

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Where is the labor document stamped?

To begin with, we note that the work book can be stamped by both the organization and the personnel department. However, you need to take into account the fact that the signature of a personnel specialist cannot be certified with the company’s seal; it can only be certified with a personnel stamp.

The seal also needs to be placed in a certain way in the book. In the event of violations, doubts may arise about the reliability of the certified information. In this case, the employee will need to provide additional confirmation, for example, an employment contract, orders.

The title page (first page) has a special place for printing, so there should not be any difficulties. It is located at the bottom left. It is better that the imprint goes over the signature. When changes are made to this page, the seal is placed on the inside cover.

When putting a seal on the dismissal record, you should capture part of the signature of the certifier, as well as part of the name of his position. In addition, the employee’s signature must be visible.

Regulations

Although the legislation of the Russian Federation is trying to regulate the issue of stamping work books, this is still not being done to the extent that we would like.

The Labor Code of the Russian Federation includes only clauses that contain the need to affix a seal to work books.

The issue of stamping is regulated to a greater extent by:

• Rules for accounting and storage of labor books, approved by Resolution No. 225.
• Instructions for filling them out, approved by Resolution of the Ministry of Labor No. 69 of October 2003.

Documents can be downloaded here:

Decree of the Government of the Russian Federation of April 16, 2003 N 225

Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69

What should the seal be like?

For workers, the official seal of the organization is not necessary. You can use a special stamp for the personnel service. But quite often the use of such a stamp leads to questions from the Pension Fund or other companies.

There are not many requirements for the seal itself: the print must be readable and contain the full name of the company, and the name must match what was indicated upon acceptance. If the seal is difficult to read, then placing a second one next to it is not prohibited. There is no need to cross it out.

If the details of the company upon hiring do not match the details of the seal upon dismissal, this indicates that a reorganization of the company has occurred, and an entry in the book was not made or a different seal was mistakenly affixed.

The work book is the official main document confirming the professional experience and work activity of the employee. The document contains strict filling rules established by the legislation of the Russian Federation. The correct, correct affixing of a stamp in the work book upon dismissal plays a significant role and has certain specifics.

• 1 Do I need to bet?
• 2 Rules and procedure for making a print 2.1 What should it be?
• 2.2 When and where is it installed?

Further possible changes in labor legislation

The legislation of the Russian Federation is constantly changing and adapting to the surrounding realities. This applies to all areas of activity, including labor. In the near future, the country's authorities are considering the possibility of abolishing stamps, and also, quite possibly, work books in general.

Today, the project is being handled by the Ministry of Economic Development, which proposes that all commercial enterprises refuse to affix stamps in work books. Thus, it is expected that in future the registration procedure of any private company will be reduced and also become cheaper.

As a result, the activities of all HR departments can be completely reorganized. At the same time, the project plan provides for this innovation regarding LLCs and JSCs. The problem is that in this case it is necessary to carry out a complete modernization of labor legislation, since the work book will cease to be a document recording the employee’s work experience. After all, this employee can become an employee of both a private joint stock company and an organization in which the document will be maintained at the same time. As a result, the essence of the work book will be lost, and to record work experience, a completely different system will have to be developed.

Should I bet?

An entry in the work book about the dismissal of an employee, either at his own request or at the initiative of the organization’s management, must be sealed with the seal of the enterprise. The HR specialist needs to prepare a dismissal order and make a corresponding note in the work book of the dismissed employee.

This note will not have legal force unless it is certified by the organization's stamp. This is a mandatory requirement for all employers who have the seal provided for by the Charter of the enterprise.

The main records that are subject to mandatory stamping include:

• about dismissal;
• about transfer to another position;
• about remuneration;
• entry on the insert sewn into the work book;
• entry on the title page of the work book.

The HR department is responsible for the correct entry of data into employee work books and the correct sealing. If there is no stamp on the above records, especially on the dismissal record, the employee must urgently contact the personnel department.

In order to avoid serious problems when applying for a new job, it is better not to delay such a visit.

Abolition of seals in labor relations: amendments to regulatory legal acts

Let us remind you that on February 26, 2018, Decree No. 7, sub. 3.11 clause 3 of which it is established that business entities have the right not to use seals (except for cases provided for by international treaties of the Republic of Belarus).

In order to implement the provisions of Decree No. 7, the Government of the Republic of Belarus took measures to adjust the regulatory legal acts establishing the mandatory use of the seal by business entities.

Thus, Resolution No. 396, which came into force on June 7, 2018, amended the following regulatory legal acts: - Rules No. 837; — Regulation No. 777; — an approximate form of a contract for the head of a government agency; — an approximate form of a contract with a civil servant; — an approximate form of a contract with a temporary manager; — an approximate form of a contract with an anti-crisis manager; — sample contract No. 764.

The Ministry of Labor and other republican government bodies also carried out work to determine uniform approaches to affixing the seal of the employer (legal entity) on documents related to labor relations.

In order to implement sub. 3.11 clause 3 of Decree No. 7, the following resolutions of the republican government bodies regulating labor relations were adopted: - Resolution No. 155; - Resolution No. 87; - Resolution No. 73/102; - Resolution No. 40; - Resolution No. 148; - Resolution No. 175; - Resolution No. 140; - Resolution No. 116/119.

Placing stamps on employment agreements and contracts is excluded

Resolution No. 396 introduced changes regarding the exclusion of the requisite “M.P.” from 06/07/2018 from the following sample contract forms: - sample contract form for the head of a government agency; — an approximate form of a contract with a civil servant; — an approximate form of a contract with a temporary manager; — an approximate form of a contract with an anti-crisis manager.

It should be noted that Resolution No. 21 introduced changes to the sample form of an employment contract and the sample form of a contract with the head of a government organization in terms of excluding the “M.P.” requisite. Resolution No. 21 came into force on March 17, 2021.

In turn, Resolution No. 15/22 excluded the details of “M.P.” from appendices 1 and 2 to resolution N 73/102, i.e. from sample forms of contracts with an athlete-instructor of the national team of the Republic of Belarus in a sport and with a coach of the national team of the Republic of Belarus in a sport. Resolution No. 15/22 came into force on March 21, 2021.

Thus, these resolutions provide for the elimination of the need for employers to use seals.

The procedure for placing stamps on certificates issued by employers has been changed.

Resolution No. 32 introduced amendments and additions to the appendix to decree No. 148. Taking into account the new edition of paragraph 7 of the appendix to decree No. 148, the earnings certificate is certified by the signature and seal of the employer, the organization that has custody of the accounting documents, accounting (financial) reporting. At the same time, the earnings certificate may not be certified by a seal in cases where it is issued by an employer or organization that, in accordance with legislative acts, has the right not to use a seal. A certificate of earnings of a domestic worker is certified by the signature of the employer and the seal of the local executive and administrative body that registered the employment contract between the individual and the employee.

Thus, from April 16, 2021, the requirements for issuing this certificate are brought into compliance with subparagraph. 3.11 clause 3 of Decree No. 7, according to which the certificate may not be certified by the seal of a legal entity if the employer or organization does not use it.

Resolution No. 42 amended Resolution No. 140, which eliminates the requirement to affix the organization's seal on the following certificates: - about the place of work, service and position held; - about the period of work, service; — about going back to work or service before the expiration of parental leave for a child under 3 years of age and termination of benefits; - about the child’s insecurity this year with a trip at the expense of state social insurance funds to a camp with round-the-clock stay; — about the non-allocation of vouchers for children for sanatorium treatment and rehabilitation this year; - about being on parental leave until the child reaches the age of 3 years; — about the period for which maternity benefits were paid; — on the amount of wages (salary, monthly allowance); — about the amount of child benefit and the period of its payment.

The stamp must be affixed on the following certificates: - on the amount of pension; — about non-receipt of a pension; - about the amount (non-receipt) of benefits for caring for a disabled person of group I or a person who has reached the age of 80; - on the amount of time-based payments to compensate for harm caused to the life or health of an individual not related to the performance of his labor duties assigned in connection with the liquidation of a legal entity or termination of the activities of an individual entrepreneur responsible for the harm due to their recognition as economically insolvent (bankrupt); - about the amount of monthly salary; — on the payment of compulsory insurance contributions to the budget of the state extra-budgetary fund for social protection of the population of the Republic of Belarus on time and on the income from which they are calculated, to persons paying compulsory insurance contributions on their own; - about referral to alternative service.

Placing a stamp in work books is excluded

It should be noted that the Ministry of Labor approves a sample work book and determines the procedure for filling out, issuing work books (inserts for them), duplicates of work books, payments for work books (inserts for them), recording them and the procedure for storing them by the employer, as well as other information subject to entry into the work book <*>.

These issues regarding the maintenance of work records are also enshrined in subparagraph. 7.1.11 clause 7 of Regulations No. 1589.

In order to implement the norms of Decree No. 7 regarding the abolition of the mandatory use by business entities of the seals of the Ministry of Labor, corresponding changes have been made to Instruction No. 40 in terms of excluding from Instruction No. 40 the norms providing for the need to affix the employer's seal in work books (inserts to them), duplicates of work books by all employers, including those who are individual entrepreneurs or individuals.

Also, from the appendix to Resolution No. 40, which established a sample work book, the attribute “M.P.” was excluded.

Thus, the employer’s seal is not affixed to the work book: - on the first page (title page); - on the inside cover, where a link to the document is indicated, in accordance with which changes (additions) were made to the work book about the employee’s full name, date of birth, education, profession, specialty; — when making an entry about the dismissal of an employee (termination of an employment agreement (contract)); - when making a missing entry; — when making entries about work, awards and incentives when filling out a duplicate work book.

In addition, the seal is not affixed to the receipt of receipt of the work book by the employer, issued to the employee, as well as to the book recording the movement of work books and inserts for them when it is sealed <*>.

According to the norms of the previously effective version of Instruction No. 40, information and entries entered by employers into workers’ work books were certified by the signature of the employer, another person authorized to make entries in work books, and the seal of the employer (representative office of a foreign organization), an individual entrepreneur. If the individual entrepreneur does not have a seal, the first page (title page) was certified with the seal of the registering authority at the place of state registration of the individual entrepreneur. Currently, stamp certification is not required.

Resolution No. 34 excluded from Instruction No. 40 the norms that provided for the need to affix a seal in the work books of workers at the place of state registration of the individual entrepreneur (if the individual entrepreneur does not have one), as well as by the local executive and administrative body that registered the employment agreement (contract) with the household employee.

Consequently, an individual entrepreneur also does not have the obligation to submit the employee’s work book for stamping to the registration authority at the place of state registration of the individual entrepreneur.

Thus, from 04/04/2018, affixing the seal of the employer (representative office of a foreign organization) in the work books (inserts to them) of employees and duplicate work books, as well as in the receipt for the receipt of the work book and the book of accounting for the movement of work books is not required.

Entries made in the work book are certified only by the signature of the employer or the person responsible for issuing the work book, authorized by the employer (the person authorized to make entries in the work book). Placing the employer's seal in work books (inserts to them) will contradict the norms of Instruction No. 40.

Resolution No. 34 specifies the person who certifies the information entered in the employee’s work book. Thus, the first page (title page) is certified by the signature of the employer (the person responsible for issuing the work book, authorized by the employer) <*>. Further in the text of Instruction No. 40, appropriate changes are made to the paragraphs providing for certification by the signature of the employer or a person authorized to make entries in work books <*>.

Let us note that an employer is a legal or natural person who is granted by law the right to conclude and terminate an employment contract with an employee.

Consequently, employers who are individuals (individual entrepreneurs, notaries, lawyers, agroecotourism entities) affix their own signature.

In relation to employers - legal entities, there is a need to determine the authorized official of the employer, who in most cases is the head of the organization or in accordance with paragraph. 7 hours 1 tbsp. 1 of the Labor Code, any authorized official of the employer can act on behalf of the employer, a legal entity. As a rule, such powers are granted to an employee of an organization on the basis of an order from the employer assigning responsibilities for registration, issuance, entry and certification of entries made in the work book of the organization's employees. These powers are also enshrined in the job description of the relevant specialist.

Paragraph 2 of Resolution No. 34 establishes a transitional provision, which provides for the possibility of using, after the entry into force of Resolution No. 34, the forms of work books and inserts available to employers until they are fully used. Therefore, if the employer has forms of work books and inserts for them of the sample established in 2014, then there is no need to change them. They are valid until fully used.

Otherwise, the procedure for filling out and registering work books remains the same.

Resolution No. 34 came into force on April 4, 2018.

Exclusion of printing on other documents used by employers in labor relations

Resolution No. 396 from 06/07/2018 on sample agreement No. 764 and on paper documents attached to personalized accounting documents submitted in electronic format <*>.

Also, the requirement to affix the organization’s seal to the pre-shift (before starting work, shift) medical examination of workers (the form is set out in the appendix to the Instructions on conducting a pre-shift medical examination). These changes were made by Resolution No. 27/23, which came into force on March 23, 2018.

In accordance with Resolution No. 396, from 06/07/2018, the procedure for certifying documents for an employee’s retirement has been changed. Thus, according to paragraph 5 of Regulation No. 777, as amended, in documents issued to confirm periods of work, other activities and other periods counted in the length of service, the number and date of issue, surname, proper name, patronymic (if any) must be indicated available) the person to whom the document is issued, place of work, period of work, profession (position), period of other activities, information about other periods counted in the length of service, grounds for issuing them. These documents must be certified by the signature of the head and the seal of the organization (archival institution), with the exception of organizations that, in accordance with legislative acts, have the right not to use seals .

It should also be noted that Resolution No. 28, which entered into force on March 23, 2018, amended clause 62 and Appendix 2 of Instruction No. 175 regarding the abolition of the sealing of the organization’s logbooks for registration of introductory briefing on labor protection, registration of briefing on labor protection, registration targeted instruction on labor protection, as well as affixing a seal on the labor protection certificate.

Rules and procedure for making an impression

When making an entry about the dismissal of an employee in his work record, you need to know the basic rules for making an imprint. The imprint should be positioned so that it slightly overlaps the title of the position of the employee who signs the entry.

The seal must be placed straight; the print must not be applied sideways or upside down. If the printed impression is illegible and pale, this is not a serious violation.

In this case, there is no need to correct the dismissal record; it is enough to make a new clear imprint next to the old one. The imprint is placed last, after making the appropriate entry, signature of the head of the enterprise and the employee himself.

Each employee who is entrusted with personnel work is required to know the above requirements for making a print. Failure to comply with these requirements entails the loss of the legal significance of the record on which the incorrect imprint is placed.

What should it be like?

Almost every organization has two types of seal:

• main, round seal of the company;
• HR department seal.

When dismissing an employee, it is necessary to certify the entry with the round seal of the founder. Since the HR department stamp is not the main one, it is better to use it only near the signature of the employee who made the entry. This will be legally correct and certainly will not raise any unnecessary questions or doubts about the authenticity of the mark.

Most organizations, in order to save space, put only the founder’s stamp on the labor record and do not use the personnel stamp when making entries. Since the space in the margins of the work book is limited, applying two imprints can cover important information necessary for the further employment of the employee.

It is enough to certify the entry with one seal of the founder.

When and where is it placed?

The seal should not be applied to the notice of dismissal. Information about dismissal must be clearly visible and not covered by the print. It is advisable to place the seal on the left, under the dismissal mark and partially overlapping the names of the positions held by employees who need to sign the employment document.

After agreeing on the dismissal order, the personnel employee enters the necessary data into the employment record of the dismissed employee and gives it to an authorized person of the enterprise for signature. Next, the employee himself signs under the signature of the authorized person. Only after this, as a last resort, is this record sealed with the stamp of the organization.

Not only HR employees, but also employees in other areas need to learn to understand such an important issue. Such knowledge will be useful and will help to avoid unpleasant consequences in the labor sphere.

All about the work book

A work book is a document containing information about a person’s work . It indicates the length of service, the period of work at a certain place, achievements, awards, penalties. The form of the document, the procedure for filling out and storage rules are established by Government Decree No. 225 dated April 16, 2003. There are three types of documents on the territory of Russia (1938, 1973 and 2003).

All of them are recognized as valid. Modern forms are more difficult to counterfeit. They have an innovative level of protection - a hologram, ultraviolet inscription, watermarks on the pages, and a special seam for fastening. Old-style documents that have primitive protection are often the objects of criminal cases of fraud (Article 159 of the Criminal Code of the Russian Federation).

The responsibility for filling out, maintaining, storing, and recording work books lies with the employer (clause 45 of Resolution No. 225). When filling out the document, employers and personnel department employees must be guided by Resolution of the Ministry of Labor dated October 10, 2003 No. 69.

The document establishes that:

• if a citizen gets a job for the first time, the employer fills out, in addition to information about the place of work, a title page. It contains the employee’s full name, education information, and special instructions;
• during initial registration, the book is filled out no later than 5 working days;
• when a person works for more than this period, the presence of a document becomes mandatory;
• When an employee independently purchases a book, the employer’s responsibility is to reimburse material costs.

It is prohibited to put stickers, drawings or inscriptions on the document.

On video: How to issue a work book for an employee for the first time - Elena A. Ponomareva

Sample

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

Below is an example of the correct placement of a round seal on a dismissal record that meets all of the above requirements.

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Cancel printing: the essence of innovations

Which organizations are required to have a seal in 2021

Having established the presence of a seal in the charter, the organization will be required to use it when drawing up certain types of documents, if such a requirement is expressly provided for by the legislator, for example, when drawing up powers of attorney for the court or reports of industrial accidents. The shape of the seal used can be any, even square or triangular; it is also possible to replace traditional seals with holographic analogues, electronic signatures, special forms, etc. (clause 7 of article 2 of Law No. 208-FZ, clause 5 of article 2 of the Law No. 14-FZ).

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