What to do with your work book if you were fired under an article

Why are we switching to digital labor

Paper documents are often lost, many employers keep work records incorrectly, and the Pension Fund is forced to refuse to grant pensions to people.
Officials are confident that electronic labor will solve this problem. The transition to digital books is part of the national project “Digital Economy”. It started after the President signed Decree No. 203 dated 05/09/2017 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017–2030.”

Employers will monthly transfer data about employees to the Pension Fund of the Russian Federation using the new SZV-TD form, and the fund itself will enter this data into electronic work books.

Many employees are accustomed to a paper book and value it; they want to preserve the history of their records. Therefore, the project allows keeping paper books in parallel with electronic ones.

On January 1, 2021, the transition to digital books ended. Before this date, all employees had to decide in what form to continue to keep their work records - electronic or paper.

What are the consequences of dismissal under this article?

Dismissal under the article means that the employer unilaterally terminated the contract with the employee on the basis of one of the paragraphs of Article 81 of the Labor Code. The legislation provides 14 reasons why an employer has the right to take this action.

Most often in practice the first 2 parts (a, b) of paragraph 6 of Art. 81, which specifies the following reasons when an employee is fired:

1. Absenteeism. This refers to the absence of an employee from the place of work without good reason for more than 4 hours in a row during a working day or shift. On the same basis, an employee is dismissed who did not work on the scheduled day at all, without providing significant reasons for this and without warning management.
2. The appearance of an employee during working hours in a state of intoxication - toxic, alcoholic or narcotic. This fact must be recorded in a special act, and also confirmed in writing by a medical report.

Thus, an employee can be dismissed under the article if, even just once, he grossly violated his work duties. It is precisely because of such entries in the work book that it will become problematic for the applicant to find a new place of employment in the future.

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What is the advantage of electronic labor

• Data security increases: the electronic book cannot be lost or the information in it can be distorted.
• The risk of errors and data corruption is reduced.
• It is easier for an employee to obtain information about his own work activities.
• The employer does not need to maintain a paper archive of work records, or this archive is being reduced.
• There is an opportunity for remote employment.
• It becomes possible to register a pension remotely.
• Electronic labor helps to obtain government services.
• Government agencies get easy access to information about the labor activities of citizens and can analyze them for their tasks.

What will happen to paper work books?

If an employee wants to keep a paper work form, he must write a statement about this during 2021 or not choose a work form at all. The application is written in free form. Then the employer will continue to maintain a paper book, and the electronic book will be “maintained” by the Pension Fund based on data from the employer. If you do not submit an application, at the end of the year the paper work will be given to the employee.

To change a paper work record to an electronic one, an employee can write a new application at any time. But if you choose the electronic form, then you can’t go back to the physical one.

Citizens who will get a job for the first time in 2021 will be left without paper Labor Codes - only with an electronic version. There is no need to collect an application from newcomers; their work experience, by law, must be compiled electronically. If an employee comes to you from another company, then you should keep a paper work record for him if he did not write an application to switch to electronic at his previous workplace or decided to leave a paper version.

Employees who refuse a paper work book will receive it in their hands. The employer will continue to maintain electronic information only. Before issuing, you will need to enter the following information into the paper book:

• column 1 - serial number of the entry;
• Column 2 - date of issue of the work permit;
• column 3 - entry “A written application was submitted by Lapteva Inna Olegovna for the employer to provide her with information about her work activity in accordance with Art. 66.1 of the Labor Code of the Russian Federation (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ."
• Column 4 - day, month and year of filing the application.

In the book for recording the movement of work records, indicate that it was issued to the employee upon a written application. Ask the employee to sign this entry.

Basic provisions

All labor relations are enshrined in Articles 80 and 78 of the Labor Code of the Russian Federation. They indicate the rights and obligations of both parties, and also provide situations in which the contract is terminated. In most cases, the law protects the interests of workers , not employers.

Paragraph 81 allows you to terminate a contract with an employee unilaterally. There are fourteen reasons that give the right to remove a person from his position. The most common are only six:

1. Absenteeism. Systematic tardiness and absence from work becomes a reason for dismissal.
2. Inadequate condition. Being on duty under the influence of alcohol or drugs.
3. Failure to comply with the terms of the employment contract.
4. Providing false information about yourself. Punishment is allowed at any time.
5. Loss of trust. Economic crimes for financially responsible persons.
6. Amoral behavior.

Knowing the consequences of dismissal under the article, the management of the enterprise rarely resorts to such a measure. In current practice, both parties agree and try to avoid the appearance of a record. If the breakdown in relations occurred due to the fault of the administration, then the offended citizen has a month to go to court and restore his professional reputation.

An employer does not have the right to fire an employee without good reason. Even if they want to punish a negligent subject, they will need a full package of documents confirming poor performance of duties. Evidence of violations is:

• written warnings;
• orders;
• characteristics and reviews of colleagues.

To avoid forgery, all provided evidence must be certified by the signature of the person involved. If there is a certificate of incapacity for work from the hospital, then it is illegal to fire for absenteeism .

During the trial, the citizen will not only be reinstated in his position, but will also be required to receive financial compensation.

After a person has lost his job under an article, he is given all the documents and a corresponding entry is made on the form. To avoid problems in the future, the package is picked up from the HR department against signature or sent with notification by mail.

On average, the delivery time ranges from one to three months.

How can employees view new work books?

The digital book will be available in your personal account on the State Services portal or on the Pension Fund website. The employee will also be able to download a smartphone application to view his book data.

An employee can obtain an extract from the book from a former or current employer, from the Pension Fund of Russia or the MFC (in any territorial office, without reference to the place of registration or work).

How to present an electronic work permit when applying for a job

When concluding an employment contract, a new employee must provide the employer with information about his work activity in the form STD-R or STD-PFR, if he refuses a paper work record. This data can be used to calculate length of service and transfer it to your HR system.

An employee can obtain information from a previous employer, at the MFC, Pension Fund or State Services.

Upon dismissal, the employer is obliged to provide information about employment on paper or electronically. If paper work was carried out, the employee will receive it in his hands.

What changes for employers with the advent of electronic labor

Electronic work records will need to be created for all employees who have written a corresponding application, including part-time workers, part-time employees, on vacation, maternity leave, etc. Those who start working for the first time in 2021 should by default issue an electronic work record and not offer choice.

The electronic work book itself means that the employer maintains information about the work activities of each employee in electronic form - submits a SZV-TD report. For “paper” employees, it is also necessary to submit it, but the Pension Fund of the Russian Federation will maintain a database of electronic information independently. SZV-TD must be submitted within 15 days after the reporting month, as well as on the next working day after hiring or dismissing an employee. If an employee chooses an electronic form in 2021, then the SZV-TD will need to be submitted no later than the 15th day of the month following the month in which the employee submitted the application

You must be prepared to give an extract in the STD-R form to the employee; he can request it at any time. You have three working days to prepare the information. The STD-R must be issued on paper or electronically, depending on the method chosen by the employee. The form must also be issued upon dismissal of an employee. If incorrect and incomplete information is found in it, the information will need to be corrected at the request of the employee and transferred to the fund.

Solution

Lawyers recommend looking for a way out of the situation only if difficulties arise with employment. Often, enterprises do not pay attention to records and are guided by a track record of merit. The applicant proves competence and gets a job.

Experts are sure that if you were fired under an article, you can get a new work book. The HR department writes a statement about the loss of the old document, after which they pay the cost of the form. If the employee suits the employer, then there will be no problems with the device. Sometimes the administration is interested in a person’s professional reputation.

If length of service is not important, then it is enough to buy a new document. For people with many years of experience, lawyers recommend restoring personal data before registering with a “problem” enterprise. The occupation is troublesome, but it will protect you from running around offices and authorities before retirement.

When applying for a job in a serious company, you need to prepare for a thorough check. The security service can easily obtain information about the applicant from the pension fund data. For example, dismissal for absenteeism at a former job will become a reason for further severance of relations due to non-compliance with the terms of the contract and concealment of important information.

If there are controversial issues, then they are resolved in court. Article 392 of the Labor Code of the Russian Federation states that within 30 days after receiving the work book, a citizen has the right to challenge the decision of the former manager. If the contract was terminated in violation of the law, then there is a chance to be reinstated, correct the record and receive monetary compensation. After a positive decision, the employee is dismissed by agreement of the parties.

Finding a job through an acquaintance is the easiest way to get rid of the problem. The person does not undergo an interview and does not compete with other applicants. There is no need to get rid of strict reporting documents and lie to your future employer. A past mistake is covered with good recommendations and a positive testimonial.

A negative entry in your work record is not a reason to worry. Many citizens do not know where to start if they were fired under an article and whether they can get a job afterwards. Unpleasant circumstances can be easily resolved by legal means. In order to continue climbing the career ladder without problems, you should avoid controversial situations.

What is the liability for violating the new requirements?

If you do not keep a work book in any form, lose a paper work record, refuse to issue it to an employee, or fail to issue an STD-R extract, you can receive an administrative fine under Article 5.27 of the Code of Administrative Offenses of the Russian Federation. For the first violation for organizations, a fine ranges from 30,000 to 50,000 rubles. For repeated violation - sanctions under Part 2 of Art. 5.27 Code of Administrative Offences.

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Unpleasant consequences

Employers carefully study the work record of a potential employee.
The presence of a record that the contract is terminated due to gross violation of obligations is a negative sign for the employer. The person appears in the eyes of his future superiors as frivolous and unreliable. Those starting their careers do not understand the consequences of being fired under the article in the future, so they do not worry about the consequences. A short phrase in documents turns into a panic button. Not every enterprise will take the risk of employing a problem subject, and the search for a new job will become much more difficult. The applicant is rejected before the interview and does not have the opportunity to explain the reason for dismissal.

Many companies are taking advantage of the desperate situation and hiring employees for low-paid positions.

To confirm your qualifications, you have to start from the bottom. If a person is a professional in a rare specialization, then there is a chance to “bargain” for a position without a salary cut.