Legislation on work books
Labor legislation specifies what documents are required to be presented when drawing up an agreement with an employer. There is a ban on requiring candidates to submit papers that are not included in the list. The list may be supplemented by by-laws.
Among the acts, work books are distinguished. This is a special act that contains information regarding a person’s work. The government has developed regulations regarding the form of this document. The book is protected.
In 2004, acts of a new type began to be applied. The color scheme of the cover has changed and the coat of arms has been added to the cover. From this point on, qualifications are reflected in the section related to job information. The legislator establishes that there is no need to replace old documents. The papers will be valid after the new regulations come into force.
Books settled:
- Labor Code of the Russian Federation;
- Government Decree No. 225;
- Resolution of the Ministry of Labor No. 69;
- Order of the Ministry of Finance of 2003 No. 117.
Acts have been developed to regulate the activities of maintaining books.
How will it work and what does SZV-TD have to do with it?
The electronic book will not have a physical medium, except for an extract from it, an ordinary piece of paper. The electronic book itself will be generated by the Pension Fund. So that the Pension Fund of Russia has data for this, they came up with a new report - SZV-TD. Any entry that would have been in the work book will now be in this report. It is monthly and not very complicated, its graphs speak for themselves:
The filing deadline is no later than the next business day after the employee is hired or dismissed; for other personnel events - until the 15th of the next month. Other personnel events are a transfer or filing an application to choose the form of a work record book. Less common: renaming the employer; assigning a new profession, specialty or qualification to an employee; injunction to hold a particular position. What is also important: the very first time you submit a report for any employee, you must also show information as of January 1, 2021. And the status as of January 1, 2021 is the last personnel event that happened to the employee on this date.
In January 2021, entrepreneur Denis promoted his assistant Alice to the position of “senior assistant”. Now he must send the SZV-TD by February 15, 2021. In the report he will indicate:
— information about Alice’s translation,
- her last personnel event for the beginning of 2021, which was her hiring in 2021.
If during the entire 2021 you have not had a single personnel event, then the SZV-TD still needs to be submitted in 2021 - before February 15. It shows each employee's most recent personnel event as of January 1, 2021.
What do the rules on work books regulate?
Government Decree No. 225 contains rules and recommendations regarding the form and maintenance of books. It is provided that the organization must take into account the provisions of the law when making records and storing the document.
Enterprises must have special safes in which books are stored. It is necessary to organize their protection and not allow third parties near the safes. As necessary, information about the person’s work is entered into the book. If the rules are violated, the culprit bears responsibility.
Pros and cons of cancellation
Many countries do not use carnets. The international standard is to use a single database for employers. The system has been tested for a considerable time.
With the introduction of this program, it will be possible to reduce the costs of enterprises for maintaining documentation. Rules
document flow will become easier. Working hours are reduced due to the fact that employers will only need to transfer funds to the fiscal authorities. The reports are prepared by the management of the company.
The information reflected in the labor report is not taken into account upon retirement. However, you will need to have a document when applying for a job. Previously, the organization's management could find out information about an employee from records. We are talking about awards and former places of work. Currently, data can only be obtained from letters of recommendation and resumes.
Today there is no clear answer regarding the cancellation of books. The law canceling the document for enterprises with fewer than 15 employees is not valid.
Features of hiring an employee with ETC
When applying for a job, a citizen provides the new employer with information about his career activities. This information is contained in the work book, and if the citizen has switched to the ETC, then in the electronic register of the pension fund.
When accepting such an employee, the personnel officer must ask him (Article 65 of the Labor Code of the Russian Federation):
- passport;
- work book or information about work activity (form STD-R);
- document on registration in the personalized accounting system (ADI-REG) in paper or electronic form - can be obtained at the Pension Fund branch or personal account;
- military registration document;
- educational documents.
Based on the specifics of the activity, the employer may also require a certificate of no criminal record, drug addiction, or mental illness.
An employee who has switched to an electronic book provides information about the labor movement in the form of a STD-R certificate. It is issued by the previous employer on the day of dismissal. The document is printed and signed by the director of the enterprise or sent as an electronic file certified with an electronic signature.
But the certificate reflects the period of work only in the last place, and the personnel officer needs to calculate the citizen’s insurance length for his entire life. Therefore, the candidate will also have to provide regular employment or pension fund information.
Rules of conduct
Established rules are taken into account, since records must be reflected according to the model. Instructions have been developed indicating how to fill out the book correctly. All important points are reflected.
It talks about correctly filling out the title page and entering information about the organizations where the person worked and where he was transferred. All awards and terminations of employment relations are recorded. If the entries were declared invalid, this is reflected in the book.
Who is responsible?
The legislator establishes requirements regarding the organization of work with books. Documentation is expected to be reportable. The enterprise must have a responsible person who is responsible for handling the books.
A paper is issued for the appointment. Company management often appoints employees of the financial or personnel departments to be responsible. The order is issued in any form.
Alteration
You can change sections in the book. For example, when a section that includes information about an employee is adjusted, the rules are taken into account. The procedure for making changes in this case is reflected in the Instructions. The employee must provide a document indicating the change in personal data.
Last name or initials can be changed. The reasons are:
- the act by which a person’s identity is verified;
- certificate confirming birth;
- a document reflecting the conclusion of marriage;
You can also change the information reflected on the title page of the book. You will need to cross out the previously specified information with one line. New data is indicated above it.
You must refer to the paper number and publication date, which serves as the basis for the change. This information is indicated on the inside cover. In the same place, the responsible person puts the signature and seal of the company.
Personal and biographical information may be corrected. When a HR employee makes a mistake when filling out information about a newly hired employee, the document will need to be destroyed in accordance with established rules.
This applies to data such as last name, initials and the day the person was born. Then fill out a new copy of the book. If you had to destroy the work form, you will need to create a special form.
When an error in this data is identified after filling out the entire book, they must be corrected in accordance with the developed rules. They are specified in paragraph 27 of the Rules. The legislator establishes that it will be necessary to cross out the incorrect entry and enter the correct information about the employee.
On the inside cover of the act, information about the document is written down, which is the basis for correcting inaccuracies. In the same place, the HR department employee signs and stamps. It is permissible to use the seal of the specified department or the organization as a whole.
Information regarding the education received and the current specialty may be changed. When a person works, he has the right to receive additional education or learn another profession. The facts will need to be reflected in the labor report. In this case, the procedure reflected in the Instructions applies.
Electronic work book. What an employer needs to do in 2021
In 2021, significant changes were made to the Labor Code of the Russian Federation regarding the gradual transition from the usual paper work books to electronic ones.
This is reflected in the Federal Law of December 16, 2019 N 439-FZ “On amendments to the Labor Code of the Russian Federation regarding the generation of information about labor activity in electronic form,” which came into force on January 1, 2020. However, the coronavirus pandemic has made adjustments to this part of personnel work, and therefore the initial procedure for such a transition was changed. 1. Amendment to Article 65 of the Labor Code of the Russian Federation
The new version of Article 65 provides for an updated list of documents that the employee must provide to the employer to conclude an employment contract. Now, along with the work book, the employee has the right to provide the employer with information about his work activity when applying for a job.
Note!
The wording of the new edition of Article 65 of the Labor Code of the Russian Federation provides for the possibility for an employee to provide both a work book and information about work activity when hiring. In other words, from 2021, an employee can provide when applying for employment: - only a paper work record book; - only information about work activity; — work record book and information about work activities.
2. Introduction of a new article 66.1 into the Labor Code
New Article 66.1 establishes the concept, content and requirements for information about an employee’s work activity (or, more simply, for electronic work books).
In accordance with Article 66.1 of the Labor Code of the Russian Federation, information on labor activity is basic information about the labor activity and length of service of each employee, generated in electronic form, which the employer must provide for storage in the information resources of the Pension Fund of the Russian Federation (form SZV-TD). Information on labor activity includes information about the employee, his place of work, his labor function, the employee’s transfer to another permanent job, the employee’s dismissal, indicating the grounds and reasons for termination of the employment contract.
Article 66.1 also defines options for how an employee can obtain information about his work activities. He can receive them: - from the employer at the last place of work (for the period of work with this employer) on paper, duly certified, or in the form of an electronic document signed with an enhanced qualified electronic signature (if the employer has one); — in a multifunctional center for the provision of state and municipal services on paper, duly certified; — in the Pension Fund of the Russian Federation on paper, duly certified, or in the form of an electronic document signed with an enhanced qualified electronic signature; — using a single portal of state and municipal services in the form of an electronic document signed with an enhanced qualified electronic signature.
The employer is obliged to provide the employee with information about his work activity during the period of work for this employer in the manner specified in the employee’s application (on paper, duly certified, or in the form of an electronic document signed with an enhanced qualified electronic signature (if the employer has one): - during the period of work no later than three working days from the date of filing this application; - upon dismissal on the day of termination of the employment contract.
The form for providing such information is also determined (Form STD-R, established by Order of the Ministry of Labor of Russia dated January 20, 2020 N 23n).
3. The procedure for interaction with the Pension Fund of the Russian Federation
Starting from 2021, the employer must monthly, no later than the 15th day of the month following the month in which personnel activities were carried out or an application was submitted to continue maintaining the work record book or to provide information on labor activity, provide reporting to the Pension Fund of the Russian Federation in the form SZV-TD (approved by Resolution of the Board of the Pension Fund of the Russian Federation dated December 25, 2019 N 730p).
When submitting the specified information for the first time in relation to a registered person, the policyholder simultaneously submits information about his work activity as of January 1, 2020 with this policyholder.
If during 2021 the employee is not hired, fired or transferred to another position, i.e. If during 2021 the employer does not have grounds to submit reports to the Pension Fund of the Russian Federation in relation to this employee, information on the work activity of this employer as of January 1, 2021 for such an employee must be submitted no later than February 15, 2021.
Starting from 2021, in cases of transfer to another permanent job, an employee filing an application for the insurer (employer) to continue maintaining a work book in accordance with Article 66 of the Labor Code of the Russian Federation, or for the employer to provide information about work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation, the employer must will provide this information no later than the 15th day of the month following the month in which the transfer to another permanent job took place or the corresponding application was submitted. In cases of hiring and dismissal - no later than the working day following the day of issuance of the relevant order (instruction), other decisions or documents confirming the formalization of the employment relationship.
Important!
The procedure for filling out the SZV-TD form is specified in detail in Resolution of the Board of the Pension Fund of the Russian Federation dated December 25, 2019 N 730p “On approval of the form and format of information about the work activity of a registered person, as well as the procedure for filling out the forms of the specified information.” Be sure to read this document!
4. Amendment to Article 84.1 of the Labor Code of the Russian Federation
In addition to amending Article 65 and adding a new Article 66.1 to the Labor Code of the Russian Federation, changes were made to a number of other articles, including Article 84.1, which provides for the general procedure for formalizing the termination of an employment contract.
Thus, on the day of termination of the employment contract, the employer is obliged to issue the employee a work book or provide information about work activity
(from this employer) and make a settlement with him.
Entry into the work book and entering information into information about work activities
on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.
5. The procedure for switching to electronic work books
Another obligation of the employer is to notify employees about changes in legislation.
Initially, in accordance with Federal Law dated December 16, 2019 N 439-FZ, the employer was required to notify each employee in writing by June 30, 2021 about changes in labor legislation related to the generation of information about labor activity in electronic form, as well as about the employee’s rights by submitting an appropriate written application to the employer, make a choice between the employer continuing to maintain the work book in the usual form (on paper) or the employer providing him with information about work activity (or, more simply put, switching to an electronic work book).
However, unforeseen circumstances (the coronavirus pandemic) could prevent such an obligation from being fulfilled on time. In this regard, on the basis of Decree of the Government of the Russian Federation dated June 19, 2020 N 887, the notification period was postponed from June 30 to October 31, 2020 inclusive.
Important!
You must provide methods for notifying workers in your local regulations, taking into account the opinion of the representative body of workers (if there is such a representative body).
The notification must indicate that an application for the employer to continue maintaining a work book in accordance with Article 66 of the Labor Code of the Russian Federation or for the employer to provide the employee with information about work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation must be sent by the employee until December 31, 2021 inclusive . It is also recommended that the notification include information about where the application will need to be submitted and, if necessary, indicate a contact person to whom the application can be forwarded.
Important!
If the employee does not send you any of the specified applications by December 31, 2021, you continue to maintain his work book in accordance with Article 66 of the Labor Code of the Russian Federation - that is, in the usual form.
If an employee submits an application for the employer to provide him with information about his work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (that is, about the transition of the book to electronic form), you (the employer), starting from January 1, 2021, will have to issue him a work permit. book in hand.
In the work book itself, you will need to make a record of the employee filing the relevant application. The specific wording included in the work book has not been approved. The last entry that you will make in the work book of such employees will be a record that the employee sent an application to the employer to provide information about their work activities. If the employment contract with the employee is subsequently terminated, an entry about this will no longer be made in the work book. The fact of issuing a work book to an employee must be recorded in the book of registration of the movement of work books and inserts in them. After issuing the work book to the employee, the employer is released from responsibility for its maintenance and storage.
An employee who has submitted a written application for the employer to continue maintaining a work record book in accordance with Article 66 of the Labor Code of the Russian Federation (in the usual form) has the right to subsequently submit to the employer a written application for the employer to provide him with information about work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation ( electronic).
Note!
If after January 1, 2021, an employee comes to you for employment with a paper work book, you accept this work book, register it and make entries in it in the usual manner. If on January 1, 2021, an employee comes to you for employment, for whom this will be the first employment, such an employee does not need to draw up and maintain a work book.
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