20.07.2019
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Stamping in the work book upon dismissal is an important component of the proper execution of the document, which has certain rules established by current legislation. An incorrectly affixed stamp is a serious violation, and the personnel employee is responsible for this. For a dismissed employee, this will mean the loss of legal significance of the record on which the incorrect stamp is placed.
Where to put a stamp in the work book upon dismissal
The procedure for dismissal and termination of an employment contract is complex and multifaceted.
Based on these changes, the Ministry of Labor also drew up a draft explanation of the Rules for maintaining and storing work books, producing their forms and providing them to employers. So far these documents are available only in the form of drafts.
This is necessary for one simple reason - without the appropriate stamp there will be no guarantee that the notice of dismissal is genuine. On this basis, the new employer may well refuse to employ you. So keep in mind - if when you receive your work book you do not find a seal, then you need to give it back to the HR department and file a corresponding claim.
Picking up a work permit without a stamp is a big mistake, and if you sign documents stating that you have no claims against the organization, then in the future they are unlikely to give you a stamp.
Quite an interesting question that is asked by both specialists and workers. The point is that the seal should not obscure important information and at the same time not be separate from the record itself.
Therefore, the most correct location of the seal is directly under the dismissal record in the left corner. At the same time, it is desirable that it captures a little text, but does not overlap it - this way it will not at the same time raise controversial issues and will not harm the text. In this case, there should be enough space to the right of the seal to allow two signatures.
Yes, such a need is spelled out in the Labor Code of the Russian Federation. Each seal must be confirmed with two signatures.
The first is put by the responsible employee who filled out the dismissal information. The second signature is placed by the owner of the work book himself after checking it and making sure that everything is in order with the documents. In addition, the responsible employee has every right to further protect the seal by gluing a sticker on it - a hologram produced by Gossznak.
Its presence is not necessary, but it is often used to protect seals, signatures and other important information from editing. Sometimes it happens that the seal is placed by mistake.
This can happen in several cases:
- The wrong seal was used;
- The seal certifies the wrong record;
- The dismissal record itself is erroneous.
This error can cause significant problems in the future and should be corrected immediately. But this is not so easy to do. First you need to draw up an act that will need to be submitted to management for review.
After this, based on the act, you will need to draw up an order to make an entry in the labor record. The next step will be to include a separate line in the labor document, canceling the item certified by the seal. This is the only way she will lose her power.
The main thing in such a record will be a reference to the current order, which gives the right to cancel the previously introduced dismissal clause. The last step will be to make a new edit in a separate paragraph containing up-to-date information and the correct seal of the organization.
What should it be like?
An organization can have from one to five stamps, which are used depending on their intended purpose.
But the most common types of seals are the general seal of the organization and the seal for documents . The latter, as a rule, is located by the personnel department employees. They are the ones who put this stamp on all incoming and outgoing documentation.
The general seal of the organization is usually kept by the employer. Only he puts it on all kinds of documents and forms that have official significance or are local regulations.
Many people wonder what kind of seal an employee of the HR department should have, is it possible to put a stamp on documents in the work book?
The answer to this question is simple - the work book is an official document, which means that the seal that is placed on the form must be the general seal of the organization . Printing for documents in this case is not suitable for printing.
If by mistake a document stamp was placed in the work book, this is a serious mistake and the entry must be redone.
We put a stamp in the work book
Let's figure out whether all organizations have the right to refuse to use stamps in work books? What do laws and regulations say about this? Why did they “press out” the round seal? On April 6, 2015, Federal Law No. 82 “On amendments to certain legislative acts of the Russian Federation regarding the abolition of the mandatory seal of business companies” was signed. The legal act came into force from the moment of publication, on April 7, 2015.
Its main message: from this date, organizations (JSC and LLC) can make independent decisions whether to have seals. Giving up the familiar is not easy psychologically; besides, printing, according to Russian laws, is mandatory for the circulation of strict reporting documents, including tax reports, etc.
Why is a stamp placed on the TC?
The seal is of great importance, and any record certified by the stamp of the organization acquires legal force. Since the seal is with the employer, it means that the acts certified by it were examined directly by the employer and were approved by it.
Documents certified by a seal automatically become local regulations and are required to be read and followed.
Thus, the whole point of putting a seal in a work book is that the entry certified in this way is truthful and exists as a fact.
Correct stamping in the work book
For example, if we are talking about putting a stamp on the title page, then we put the stamp in the lower right corner. We sign and date this seal.
This seal is considered correct. An employee of the HR department must either go and change the seal for a working one of the same type and type, or ask the employee to delay receiving the work seal and make a new seal. It often happens that HR department employees have several seals at their disposal. Sometimes, after thinking, employees put a completely wrong stamp on a document and don’t know what to do about it.
The worst option is to give it to an employee.
The correct option is to write a line below in the work report that this entry is not correct and, under the next serial number, duplicate the previously made entry, but with the correct seal.
Regulatory documents and acts
The legislator, through his articles, tries to regulate the issue of stamping, but, unfortunately, these articles are not grouped into one section, but are scattered across regulatory legal acts in the labor sphere.
Thus, the most important document that formalizes all labor relations and aspects relating to them, namely the labor code , does not contain a separate article devoted to the affixing of a seal.
The Labor Code contains several references to the fact that any entry in the labor record must be made properly, and what constitutes a proper image is the concern of other legislative acts.
The rules for maintaining and storing work books, developed specifically for personnel officers, explain a little the situation with the seal. Paragraph 35 talks about which seal should approve the entries in the work book.
Letter of the Ministry of Labor No. 69 dated October 10, 2003 in paragraph 2/2 tells us quite clearly how the seal is placed on the title page
All other information presented in this article is nothing more than the many years of experience gained by the personnel department employees, which has become a kind of rule for filling out work books.
HR staff have special instructions. Recently, a sample work book has appeared in them, where you can see the place for the correct stamp.
But there is no direct guidance on how to apply a stamp. We hope that in the near future the legislator will correct this misunderstanding, making life significantly easier for the citizens of our country and young employees of human resources departments in organizations.
An error occurred.
If the company has undergone reorganization or other structural changes, then you will need to obtain an additional certificate from them confirming this fact. If, when registering a work record, the company details were indicated incorrectly or an error was made in them, there are several options for solving the problem. If an incorrect seal was used, it is acceptable to place the correct mark next to it. If errors are made in the text, corrections are made and a stamp is placed next to them. However, in practice this is not enough, since such corrections may raise doubts among pension fund employees. To avoid problems, when making changes to a document, the enterprise issues a certificate stating that the specified employee has worked in this organization for a certain period of time. According to the rules for the preparation and maintenance of these documents, it is first necessary to make a record of the termination of the employment relationship, with references to an article of labor legislation, as well as an order of dismissal. After this, the personnel officer and the dismissed employee must sign the book. After this, the stamp is placed. It should be noted that if it is necessary to enter additional information into the labor report after the dismissal of a worker, this can be done
However, it is important to adhere to certain rules:
- First, indicate the full details of your company.
- After this, the necessary recording is made.
- At the end the signature and seal of the organization is affixed.
In this form, the record will have the necessary legal force. Rules for affixing a stamp in a labor document It should be understood that the rules for affixing a stamp directly depend on where it is placed. In other words, the essence of the position will not change, but the main conclusion will be that the manager has the right to make appropriate entries in the Labor Code. The reality is different. Today, it is rare to find a manager who personally deals with the issues of work records of his subordinates. The only exceptions are representatives of small businesses.
To get out of this situation, a common option is to appoint a person responsible for all work with the TC by issuing an appropriate order, certified by the manager. Let us note that the employer has the right to appoint any of his employees responsible for this issue, but most often such powers fall on the shoulders of the personnel officer, accountant or secretary. We will separately consider the option when the employee responsible for working with the technical complex went on sick leave or is on vacation.
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.
Stamping in the work book upon dismissal is a strict and important requirement established by Russian legislation. For failure to comply with this requirement and ignoring requests to put a stamp next to the dismissal record, the employee has the right to go to court.
Selecting printing depending on the type of document
So what seal should be used to certify entries in work books and other documents? Documents that are certified with stamps rather than round seals include:
- an employment contract concluded between an employer and an employee;
- orders issued by the head of the organization;
- various copies of documents from the personnel department;
- document on the professional activity of the employee.
Stamp affixed to the employment contract
Any employer and job seeker knows very well that the contract is required in two copies. Once it is drawn up and concluded, it should be certified not only by the signatures of both parties. However, the law does not regulate mandatory confirmation of the document. Accordingly, there are also no instructions on where to put the stamp in the work book.
All this can greatly complicate the situation not only of the employee, but also of the manager. A director’s signature not confirmed by a seal may lead to a host of questions in the future. The situation is aggravated if the contract was signed not by the employer himself, but by his representative, that is, an authorized representative.
If you think that this can be avoided by printing a simple version intended, for example, for the personnel department, then you are deeply mistaken. This is a gross violation.
Stamp affixed to an order issued by the director of an organization
Quite often, employers turn to specialists for help with questions about whether orders should be stamped. It is not necessary. This is due to the fact that this type of document is considered internal.
An order is issued regarding employment. After receiving the order, personnel department employees are engaged in creating a special timesheet to record the employee’s working time and making appropriate entries in his work book.
The employer must always remember that the employee has every right to demand a copy of the order or order issued in connection with his own hiring. This copy must be certified not by a seal, but by a stamp with the name of the organization and signatures.
Stamp placed on copies of HR department documents
Based on the Labor Code of the Russian Federation, the manager is obliged, before transferring copies to the employee, to certify them properly, namely:
- after the line indicating the details of the organization and the signature of the employer, the entry “Correct” is entered;
- then it is necessary to note the position of the employee who certified the copy;
- then the signature of the same employee is affixed with its obligatory decoding;
- the actual date is entered in the next line;
- a stamp is placed.
Stamp affixed to the work book
As for the document on the professional activity of the employee, all the exact information on carrying out any manipulations with it can be found in the Rules certified by the government. However, there are no clear instructions on what stamp to put in the work book. There are only a few rules.
So, in the case of drawing up a document about the professional activity of a citizen, the stamp should be placed on the first sheet, namely in the place provided for this, which is located at the very bottom of the page, in the corner. The same should be done on the inside cover of the document after any entries have been made.
Not all entries made in a document must be certified with a round seal or stamps. This is only necessary in the following cases:
- when preparing the main page of the work book, as well as the insert;
- when changing information on the main page of the document and insert;
- when entering any other information.
When dismissing an employee, the employer often does not know where to put a stamp in the work book. In this case, it is placed after the record of dismissal.
https://youtube.com/watch?v=UgjGFi6_h8A
Design rules and recommendations for correction
The procedure for filling out books is regulated by two main documents. These are the Rules of Maintenance, as well as the Instructions according to which the document is filled out. If you study in detail the information presented in the Instructions and Rules, you can conclude: the seals of the company and the personnel department are placed in the work book in three cases:
- when submitting a document during its first execution (on the first sheet)}
- when changing an employee's personal data (on the inside cover)}
- during the preparation of documents upon dismissal of an employee (in the “Work Information” column).
When an employee in an organization receives an insert, they are required to give it a stamp. This is a small rectangular print that is located either inside the book or on its title page.
Experts say that one of the most important problems associated with maintaining and filling out work books is incorrectly affixed stamps. The fact is that today there are no acts that would regulate this issue. Thus, even experienced personnel department employees sometimes have no idea what to do with this error, how to correct or cancel the entry made.
It is clear that it is impossible to leave an incorrect stamp in the book and not pay attention to it in the future. The fact is that in the future, when calculating pensions by employees of the Pension Fund, controversial issues may arise. Some experts suggest correcting such errors in the same way as incorrect job information, such as an employee's name or position.
The correction algorithm may be as follows. Next to the seal, a note is placed indicating that the seal was affixed incorrectly, and you must indicate the serial number behind the last seal. To prevent the employee from having problems with corrections in the future, it is recommended to request copies of documents at the place of work that confirm the legality of this correction.
Stamp in the work book
Update: December 16, 2021
Legal entities and individual entrepreneurs are required by law to store and maintain work records for their employees. A work book is a small multi-page document that includes a number of sections relating to certain events in the employee’s working life. In other words, the work book reflects the work history and length of service of working citizens.
The form and procedure for compiling such books are established:
- Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules);
- Instructions approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69 (hereinafter referred to as the Instructions).
These regulatory legal acts provide, among other things, for cases in which it is necessary to affix the employer's seal on the pages of the work book. The specified legal acts provide for three cases when a seal is affixed to the work book: For the first case, the Rules prescribe the use of the employer's seal.
For two other cases, the Instructions offer two printing options:
- or the seal of the organization (i.e. the employer);
- or the seal of the personnel department (if the employer has one).
The choice of printing option for these two cases remains with the employer, whose structure includes such a unit as the personnel service.
Both of these options are equivalent. Similar requirements apply to the title page of the work book insert. It should also include the seal of the organization (or the seal of the personnel department) that issued the corresponding insert.
At the same time, one should take into account the existence of judicial practice refuting this conclusion.
The employer, in turn, must remember responsibility for failure to comply with the provisions of labor legislation (Article 419 of the Labor Code of the Russian Federation). Part one of Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for the liability of organizations for the corresponding violation up to a fine of fifty thousand rubles.
Problems are possible
Often, various types of problems arise when setting up a seal. The information on the stamp was printed poorly, the print ended up in the wrong place by mistake, and some others.
Also, HR department employees who use a large number of stamps often confuse the stamps, and I can put one that is completely unrelated to filling out the work report.
We will also talk about what to do in such situations further.
The work book has the wrong stamp
It happens that an employee of the HR department makes a mistake and puts a completely unnecessary stamp under the entry in the labor record. The first thing to do in such a situation is not to panic, but rather to calm down and ask for advice from senior colleagues or refer to the information in the instructions for HR department employees.
An incorrect seal should not be crossed out. You simply put the next serial number and write the following phrase: “Record No. 1 is not correct . This phrase can also be written a little differently, there are a lot of variations. The most important thing is the sense that what was written earlier is not correct and plausible information.
Next, you need to enter the next serial number and rewrite the entry in which the invalid stamp was made. Place the stamp that should have been used when recording originally.
That’s it, the correction of the error is completed and the work can easily be sent to your personal file. The main thing is not to forget to first make an entry in the book of movement and storage of labor records that a mistake was made, but was immediately corrected.
See below for a sample print correction:
What if the seal is hard to see and unreadable?
If the seal you put is not readable, don’t be upset. There is always a way out. If there is practically no impression left at the place where the stamp was placed, then simply put ink on the stamp and print it again. No one will notice that the production was secondary.
If, nevertheless, the information from the first seal is visible and it is not possible to put the second one in the labor document without dirt, do not worry.
Soak the seal in paint and place the seal next to the unreadable one . Making an imprint with an unreadable seal is not considered an error, so rewriting the record is not necessary.
We put a stamp in the work book
Attention
How then to quit? The ideal option would be to make the entry personally by the manager. But another solution is also quite acceptable - appointment to
And. O. responsible for the work books of another employee. Note that in such a development of events, it is mandatory to issue an order containing the following information:
time interval for performing duties; the amount of the salary increase for the specified period.
Requirements for the signature of the responsible person Since we are talking about the concept of “signature,” let us turn for clarification of terminology to GOST 6.30 entitled “Unified system of organizational and administrative documents” (edition 2003).
Are stamps needed in work books?
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Is it possible to use a seal for documents in work books?
The purpose of such a company seal can be formulated as certifying the authenticity of the signature of a company official on documents. However, the legislation does not contain a requirement to certify all documents without exception in this way.
Rather, this arises in individual specific cases. At the same time, the legislation does not contain a ban on the use by an organization of additional seals in addition to the main one.
Additional seals can be of two types: - meeting the requirements for the main seal, but containing the additional inscription “Human Resources Department”, “For documents”, etc. Such seals can be affixed only if the law does not provide for the affixing of an organization’s seal, that is, the main seal, on a document.
What is the HR department seal and why is it needed?
I would like to pay special attention to the issue of using the seal of the personnel service to certify the signature of an official authorized to maintain work records.
As we have already written on our website, the number of seals that an organization can have in its arsenal is not established by law. According to their purpose, seals of organizations are divided into main and auxiliary. To optimize the work process, seals of structural units, in particular the HR department, can be used. The HR department seal, like any other seal of the organization, serves to certify the signature of an official on a document.
As you know, in March 2008, the Russian Government made some changes to the Rules for maintaining and storing work books, producing work book forms and providing them to employers. The changes, in particular, affected paragraph 35 of the Rules, in which the phrase “seal of the organization (HR service)” was replaced by the phrase “seal of the employer.” This amendment was adopted in connection with changes made to the Labor Code, according to which, after October 6, 2006, work books for employees are required to be maintained not only by employers - organizations, but also by employers - individual entrepreneurs. It was this replacement of words that gave rise to disputes among personnel officers about the possibility or impossibility of certifying a block of entries in work books when dismissing workers with the seal of the personnel service. In contrast to the previous edition of paragraph 35 of the Rules for maintaining work books, which was in force before the Decree of the Government of the Russian Federation of 03/01/2008 came into force. No. 132, the new edition does not establish identity between the concepts “seal of the employer” and “seal of the employer’s personnel service”, using only one of them. The changes and additions made to the Rules for Maintaining Labor Records are aimed at bringing the norms of the Rules for Maintaining Labor Records into compliance with the provisions of the Labor Code of the Russian Federation in terms of using the single concept of “employer” instead of the concept of “organization”. When making changes to paragraph 35 of the Rules, we proceeded from the fact that employers - individuals listed in paragraph 2 of part 5 of article 20 of the Labor Code of the Russian Federation (employers - individual entrepreneurs), as a rule, do not have a personnel service and the employer maintains work books independently or is done by a person specially authorized by him.
There is also an explanation from Rostrud on this issue - Letter dated November 24, 2008 No. 2607-6-1. “In accordance with paragraph 35 of 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 dated April 16, 2003. No. 225, upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself.”
In connection with the foregoing, we conclude that the current version of paragraph 35 of the Rules for maintaining work books does not provide the opportunity for employers - legal entities, when dismissing employees, to put the seal of their personnel service or the seal of the accounting department in their work books.
Remember that the seal does not certify the document itself, but the signature of an authorized person. But since the employer - a legal entity (organization) has the right to have several seals in use and all of them are seals of one organization (all indicate the full name of the legal entity, which makes it possible to determine their affiliation), it is logical to assume that the seal of the personnel department also has the right to be called employer's seal. Such a seal will be equivalent to the main seal of the organization when certifying only personnel documents if a number of mandatory conditions are met. Look at the name of the organization, which is included in the work book upon admission. It must match the name of the organization on the seal that you will put on the title page. Despite the fact that the branch is given the right to conclude a trade agreement, such a seal cannot be affixed. The employer’s seal must contain all the details: the full name of the organization, its location...
Kemerovo municipal district
The administration of the Kemerovo municipal district reports bank details for free transfers:
Recipient: UFK for the Kemerovo region (Administration of the Kemerovo municipal district)
OKTMO code 32607000
Payee account number: 401 018 104 000 000 100 07
Bank name: Kemerovo Region Branch of the Siberian Main Directorate of the Central Bank of the Russian Federation (Kemerovo Branch)
KBK 900 20710 180
Purpose of payment: Free transfers for events dedicated to the celebration of Victory Day
Correct stamping in the work book
Then a mention of this is made in the labor document and a corresponding stamp is placed with the new amended data.
Where is it installed? Depending on what kind of case the HR employee is faced with, we decide where to place the stamp.
For example, if we are talking about putting a stamp on the title page, then we put the stamp in the lower right corner. We sign and date this seal.
If we are talking about putting a seal on the form, then, as a rule, one half of it should go to information about the work, and the other to mention the order. This seal is considered correct. Also, the stamp on which the mark is placed in the work book must meet a number of features.
So she should not leave dirt behind. In addition, the seal must be clear enough so that the main signs and symbols on it are readable.
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.
Vote
Question Good afternoon! We want to “unload” the main seal of the company by introducing an auxiliary seal “For documents”. Is it permissible by order to legalize the affixing of this seal, including on copies of work books, certificates, employment forms and other documents signed by the head of the administrative and personnel service (we have a single service - secretariat + personnel). Or do you still need a stamp indicating the name of the structural unit? Employment contracts, orders for hiring, dismissal, etc. signed by the general director and the main seal is affixed. Answer The obligation of legal entities to have a seal is enshrined in special laws regulating the activities of firms of various organizational and legal forms.
Which organizations are required to have a seal?
To find out about the presence of a seal, you need to understand which organizations must have a seal. These organizations can be divided into two groups.
Organizations for which the requirement for a seal is established by law
.
For example, in accordance with Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”, a non-profit organization must have a seal with its full name in Russian. If the previous employer was a non-profit organization, and there is no seal in the employee’s work book, this is a violation.
The current employer is recommended to advise the employee to contact the previous employer with a request to affix a stamp. If the current employer has already accepted such a book, the employee should be asked for other documents confirming the period of work in the previous organization. This is necessary to count this period into the insurance period.
Organizations for which the requirement for a seal is established by the charter
.
These are organizations that, by force of law, may not have a seal, but have themselves established a requirement for a seal in the organization’s charter. In order not to make a mistake and not to find violations where there are none, refer to the organization’s charter.
If the organization’s charter does not provide for the presence of a seal in the organization, we recommend that the employee have in his hands a work book and a document that will confirm the legal fact that there is no seal in the book and on other documents from the employer. The presence of such a document will allow the current employer to verify that there is no violation, accept the employee’s work book and take into account the previous period of work in the insurance period.
Where is the correct place to put a stamp in the work book upon dismissal?
Info The changes were caused by the need to bring the Rules into maximum compliance with the current Labor Code, which uses a single term “employer”.
In other words, after these amendments come into force, certification of a dismissal record using the seal of the HR department is considered a gross violation of the procedure.
At the same time, in order to prevent any errors or inaccuracies, it is best to use one type of seal - the seal of the employing organization.
It is she who has greater legal force than the seal of personnel officers.
It is advisable to put it on documents such as copies of work books, educational documents, certificates issued by the personnel department, extracts from work books, etc.
Possible errors when printing
Sometimes dismissal or termination of a contract occurs in a short time, which can affect the quality of the record. The most common mistakes are:
- incorrect placement of the stamp on the page covering the dismissal record or signature;
- the seal of the HR department instead of the round stamp of the organization;
- employee's illegible handwriting.
If you discover such errors, you need to ask the person in charge to eliminate them. If the work book has a poorly stamped seal, the print is pale and difficult to read, you should refill the stamp, check it on the draft and place an additional one next to the first one.
Stamps for work books
Records about transfers within the organization, part-time work, assignment of an additional profession, etc. do not need to be certified with a seal and signatures. Keep in mind that each entry made in the work book must be familiarized with its owner against the signature in his personal card in form No. T-2, in which the entry made in the work book is repeated (clause 12
Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). The form of the personal card was approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004.
No. 1. Ivan Shklovets Deputy Head of the Federal Service for Labor and Employment Sample order on the introduction of seals in the organization "Alpha" INN 7708123456, KPP 770801001, OKPO 98756423 full name of the organization, identification codes (TIN, KPP, OKPO) ORDER No. 6 on the introduction and use of wax press of the city
Example 1
A.A. was hired as an accountant at Zarya OJSC on 02/06/2017. Ivanova. The entry in the work book is given below.
If an employee resigns, a record of this must be made directly on the day of dismissal. In other cases, information must be reflected in the work book within a week from the date of drawing up the order.
It should be noted that information about part-time work is entered into the work book only at the request of the employee.
The dismissal record is accompanied by a link to the article and clause of the Labor Code of the Russian Federation under which the employee is dismissed. It is certified by the seal of the organization (if any) and the signature of the employee who is responsible for maintaining work records.
If the organization does not have a seal, the entered information is certified by the signature of the employer or the person responsible for maintaining work records.
In addition, the employee himself must sign. Thus, he confirms that he has read and agrees with all the entries made in his work book during his work at the company.
Certification of the dismissal record in the work book, subtleties and pitfalls
So, the personal signature in the work book upon dismissal of the person responsible for the Labor Code (let it be an accountant) will look like this: In the case of an individual entrepreneur, whom Article No. 66 of the Labor Code was obliged to personally make entries in the document described, the signature will look like this : A lot of controversy arises over the question of the possibility or impossibility of reducing the words “individual entrepreneur” to two letters “IP”.
622 (St. Petersburg, Leningrad region); ext. 342 (Federal number). It's fast and free!
The only variability allowed is as follows: Of course, the last example does not fully meet the requirements of clause No. 3.22 of the above-mentioned standard (there is no job title), but in fairness it is worth saying that the Labor Code Rules do not indicate strict compliance with GOST requirements. In addition, the work book itself, with a big stretch, can be classified as documentation of an organizational and administrative nature.
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?