How to get a work book for the first time

Is it necessary to present a work record book to the Pension Fund?

According to the currently relevant Rules for calculating and confirming the insurance period for establishing insurance pensions No. 1015, approved on October 2, 2014, the right to assign a pension is given by periods of work on the territory of the Russian Federation when insurance premiums were calculated with confirmation of their transfer by personalized accounting.

In addition, work experience is confirmed primarily on the basis of work record data.

In the absence of the book itself or when checking the information entered in it, the discovery of doubtful entries in their authenticity, errors, clerical errors, or the absence of complete data on labor activity in a certain period, such confirmation can serve as:

• employment contracts drawn up in accordance with labor legislation;
• work books of collective farmers (in Soviet times);
• extracts from orders on admission and dismissal from work;
• personal accounts or salary slips.

So, in order to calculate the length of service, both general and especially preferential (when a person has not yet reached retirement age, but taking into account the specifics of the work, he has the right to retire earlier), a work book is needed to calculate and calculate the amount of required pension payments.

Upon reaching retirement age in the absence of work experience and, accordingly, a work book, a minimum monthly social payment will be assigned.

Application for registration of a new work book

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According to Part 5 of Art. 65 of the Labor Code of the Russian Federation “if a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.”

Samples of the text part of the application form for a new work book

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The legislative framework

The fundamentals of labor relations are set out on a legal basis in the Labor Code.

The employer’s obligation to issue a work book to the employee within three days after the application, reflected in the latest edition after the amendments and additions made to Art. 62.

The rules for maintaining and storing labor documentation No. 225, adopted on April 16, 2003, remain unchanged, as well as Instruction No. 69, adopted on their basis, explaining in detail how to correctly enter information into a work book and what must be done in the event of making an erroneous entry or error.

How to write an application to receive a work book

It goes without saying that in order to issue a work book to its owner in the event of the need to issue insurance payments, an application from the employee himself is required.

Otherwise, how can the head of the organization know who needs the original documents and for what purposes.

The legislator does not impose any special requirements on the application form.

It can be written by hand or printed in any way: on a typewriter or computer.

1. Any statement begins with a so-called “header” located in the upper right corner of the page.
2. The full name of the position of the head of the enterprise and his personal data must be indicated.
3. In the line below, write down the details of the applying employee (position, last name, first name, patronymic);
4. The name of the document (in this case, the application) is written in the middle of the new line.
5. The essence of the appeal is stated from a new line - a request to issue a work book for applying to the Pension Fund and calculating the length of service that gives the right to issue insurance payments.
6. It must be indicated that the employee is familiar with the provisions of Art. 62 of the Labor Code of the Russian Federation on the obligation to return the employment document no later than three days after receiving the book from the Pension Fund.
7. The date of drawing up the appeal is indicated and a personal signature is placed.

The manager must impose a resolution to issue the document on the HR inspector or the person responsible for maintaining records.

TOP 10: “digitization” of work records in questions and answers

In 2021, employees need to decide on the format of information about their work activities, and employers must send a monthly report to the Russian Pension Fund using the new SZV-TD form. Starting next year, everything will work in full: almost daily reports to the Pension Fund, and information about work activities will be kept in electronic form.

Of course, it is necessary to digitize labor relations, because this should simplify and facilitate our work with you. But, alas, as with almost any regulatory innovation, we still have more questions than answers. Moreover, it is employers who bear the main burden of risks; their anxiety is quite understandable. We will answer the most frequently asked questions regarding the implementation of electronic work books.

What wording should be added to the PVTR in connection with the transition to electronic work books?

The Labor Code of the Russian Federation does not provide a single and universal formulation, so its content depends on what is written in your Internal Labor Regulations (ILR). If the PVTR has a section about the documents that an employee submits upon employment, add an addition there. You can quote a phrase from Art. 66.1 of the Labor Code of the Russian Federation states that when applying for a job, a person presents information about his work activity (in the STD-R form) together with or instead of a work book.

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If the PVTR describes in detail the procedure for dismissal, it is logical to make changes here too, specifying how a person will receive information about the length of service in the STD-R form if he is not there on the day of termination of the contract or he refuses to receive it. You can use the wording from Art. by analogy. 84.1 of the Labor Code of the Russian Federation, which states that in this case the company must send the employee a notice of the need to appear for the book or agree to send it or information about work activities.

How to check a candidate’s work experience if he has an electronic work record book?

There may be several options. The simplest one is to ask the applicant to bring a certificate from the Pension Fund of the Russian Federation or a copy of a paper work record book, which was previously given to him by another employer. The Russian Pension Fund has information about who paid contributions per person and in what periods.

Well, then you will have to collect recommendations, as before. But keep two things in mind. First, you must obtain written consent from the applicant to request information from previous employers. Secondly, you will be able to obtain data from your previous employer only if your applicant gave such consent to the previous employer upon dismissal.

What to do with remote employees and their work records?

First of all, you need to look at the text of the employment contract on remote work and make changes taking into account Art. 66.1 and 84.1 of the Labor Code of the Russian Federation. For example, the document must indicate that the book is being maintained and information about activities is being compiled in accordance with legal requirements.

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Let us remind you that by agreement of the parties, information about remote work may not be entered into the book, and when applying for a job for the first time, it may not be completed. In the absence of an agreement, the employee provides the book in person or sends it to the employer by mail. These additions will legalize the ability to maintain an electronic record book for a remote worker or not to maintain a record book at all.

Is the employer obliged to notify the missing employee (not fired) about the introduction of electronic work books? If yes, then how?

Perhaps this is one of the most interesting questions today, because the main thing is to comply with the law. One of our clients even coined the term “lost” about such employees. To eliminate risks on your part, you need to notify the person by all available means at the addresses and details you have. You can also use the transition to electronic work books as a reason to write them a more “tough” letter asking them to come and resign correctly.

They were given time to notify me about choosing a work book. But there will be a lot of papers

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Let us also recall that the employer was obliged to notify employees about the transition to electronic work books on June 30, 2020 inclusive (Clause 4, Part 1, Article 2 of the Federal Law of December 16, 2019 No. 439-FZ “On Amendments to the Labor Code of the Russian Federation in Part generating information about labor activity in electronic form" (hereinafter referred to as Law No. 439-FZ)). However, the Government of the Russian Federation, by its resolution No. 887 dated June 19, 2020, moved this deadline to October 31.

If, after notification, the employee does not inform about his choice of how to maintain a work record book by December 31, should the company switch him to an electronic work record book from 2021 and give him a paper record book?

If there is no application from the employee, it cannot be automatically transferred to an electronic book. This conclusion is based on Part 2 of Art. 2 of Law No. 439-FZ. That is, you continue to keep a paper book. If an employee did not have the opportunity to submit an application before the end of the year, he has the right to do so at any other time in a number of cases. For example, when an employee, as of December 31, 2020, was not performing work duties, but his place of work was retained, say, in case of illness.

Another option is if a person has work experience, but as of December 31, 2020, he was not in an employment relationship.

Is it necessary to enter the serial number of the entry and the date in the book when making an entry that the employee has submitted an application to maintain information about labor activity in electronic form?

How to do it? Law No. 439-FZ establishes the obligation to make a record of filing an application to provide information about labor activity. It is made by analogy with a job application in accordance with Section 3 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 (hereinafter referred to as the Instructions).

The Russian Ministry of Labor, in letter No. 14-2/B-150 dated February 12, 2020, explained how to fill out a work book in this case:

• Column 1 contains the entry number;
• Column 2 indicates the date of issue of the work book;
• in column 3 you write: “A written application (last name, first name, patronymic) has been submitted for the employer to provide him (her) with information about labor activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 2 of Article 2 of Federal Law of December 16, 2019 No. 439- Federal Law)". Let us remind you that this norm states that the employee must, by December 31, 2020, inform the employer in writing which book to keep next - a regular one or an electronic one. If the person does not make a choice, the company must continue to maintain a paper version. Please note that according to the Instructions, abbreviations in records are not allowed. Therefore, we suggest instead of abbreviating “g.” write “year” in full;
• in column 4 the date of submission of the application is indicated, indicating the day, month, year.

The entry must be certified as usual: with the signature of the employer or the person responsible for maintaining work books, the seal of the organization (if any) and the signature of the employee to whom the work book is issued (see letter of the Ministry of Labor of Russia dated March 16, 2020 No. 14-2/B- 267).

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Don’t forget to also write in column 13 “Receipt of the employee for receipt of the work book” of the book for recording the movement of work books: “Issued on the basis of a written application (last name, first name, patronymic) about the provision of information about labor activity to him (her) by the employer in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 2 of Article 2 of the Federal Law of December 16, 2021 No. 439-FZ).”

Then the employee confirms with his signature that he has received the work book.

Taking into account the latest changes in the law, please list the complete package of documents that the company must issue to the employee upon dismissal.

On the day of dismissal, the employee must be given:

1. work book. If a person has chosen electronic, you need to provide information about your work activity (using the STD-R form). The issuance method is selected by the employee in the application. If he cannot pick up the document on the day of dismissal, notify him of the need to come for it or agree to send data on paper by mail;
2. certificate of salary in the form approved by Order of the Ministry of Labor dated April 30, 2013 No. 182n. If it is not possible to issue a certificate on the day of dismissal, send a notice similar to the situation with the work book;
3. a certificate of income and personal income tax amounts (here, as above, if a certificate cannot be issued, a notification must be sent to the employee);
4. at the written request of the employee - extracts from the information in the forms SZV-M, SZV-STAZH, DSV-3 (if the company transferred contributions to the funded part of the pension) and calculation of insurance premiums. It is necessary to issue an extract, and not the document as a whole, because other data is confidential.

What legislative changes come into force or are repealed from July 2021

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In addition, the employee may request a dismissal order. In this case, you must issue a certified copy of the order, based on Part 2 of Art. 84.1 Labor Code of the Russian Federation. Also, upon written request from the employee, certified copies of other work-related documents, such as orders for transfers, application of disciplinary sanctions, etc., must be provided.

If the employee has kept a paper book, is it necessary to submit reports in the SZV-TD form to the Pension Fund upon dismissal?

The employee’s choice of a paper work book does not exempt the employer from submitting a report in the SZV-TD form. In case of dismissal, the company must make an appropriate entry in the work book and submit reports to the Pension Fund of the Russian Federation in the SZV-TD form by the 15th day of the next month.

Is it necessary to submit information about the work activity of a registered person (using the SZV-TD form) if there were no changes during the reporting period?

Based on the literal interpretation of the law, reporting in the established form must be provided for each employee who was hired, fired, transferred to another permanent job, as well as for the one who submitted an application to retain the paper version of the work book or refuse it. If you have had such changes, report this to the Pension Fund; if not, a report is not needed.

But if by 01/01/2021 you have no reason to send reports, then by 02/15/2021 you must report information about the employee’s activities in your company to the Pension Fund of the Russian Federation. That is, by this time the Pension Fund should have information about all employees. Please note that there may be few events for 2021 and there may be a lot of information to report in February 2021, so it is best to spread the load and report this year.

If an employee has chosen to maintain a paper work record book, can he receive information about work activity (in the STD-R form) in electronic form?

No, it cannot, until you have submitted an application to choose an electronic work book or have submitted an application to continue maintaining a paper one. Moreover, regardless of when the information is requested - on the day of dismissal, under Art. 62 of the Labor Code of the Russian Federation during the working period or after (Articles 62, 66, 66.1, part 5 of Article 80 of the Labor Code of the Russian Federation).

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What consequences are possible after an audit by the Pension Fund?

If a specialist of the Pension Fund of the Russian Federation finds records that do not comply with the Rules for maintaining labor books No. 225, that is:

• errors in the owner’s personal data;
• incorrect company name;
• the presence of obvious corrections of the record in ways prohibited by Instruction No. 69;
• unclear imprints of the seal of organizations;
• other violations,

this period may not be counted into the total length of service until the fact of work in this organization is confirmed, using one of the methods discussed in Rules No. 1065.