How long is an employee’s personal file kept after dismissal in 2021 and 2021?

What is a personal matter

An employee’s personal file is a package of documents and information about the employee regarding the positions he holds and work at the enterprise. This set of documents is prepared for each employee of the organization.

According to the Federal Law of April 27, 2004 No. 79-FZ and the Decree of the President of the Russian Federation of May 30, 2005 No. 609, maintaining personal files is mandatory for civil servants, for other categories - at the request of the employer.

In practice, every enterprise keeps records of personal files, which helps to systematize the work of the personnel department and the organization. The storage period for the personal files of dismissed employees is 50 years.

The legislative framework

Federal Law dated April 27, 2004 No. 79-FZ
Decree of the President of the Russian Federation of May 30, 2005 No. 609
subp. “c” clause 6, part 1, art. 81 Labor Code of the Russian Federation
Art. 192 Labor Code of the Russian Federation;
clause 7, part 1, art. 243 Labor Code of the Russian Federation;
Art. 13.11 Code of Administrative Offenses of the Russian Federation;
14 Code of Administrative Offenses of the Russian Federation;
Art. 137 of the Criminal Code of the Russian Federation;
140 of the Criminal Code of the Russian Federation;
Order of the Ministry of Culture dated August 25, 2010 No. 558;
“List of standard management archival documents generated in the process of activities of government agencies, local governments and organizations, indicating storage periods” (Order of the Ministry of Culture dated August 25, 2010 No. 558).

On the obligation to ensure the safety of archival documents

According to Art.
3 of the Federal Law of October 22, 2004 No. 125-FZ “On Archiving in the Russian Federation” (hereinafter referred to as Federal Law No. 125-FZ), an archival document is a tangible medium with information recorded on it, which has details that allow it to be identified, and subject to storage due to the significance of the specified media and information for citizens, society and the state. Documents of the Archive Fund of the Russian Federation are archival documents that have undergone examination of the value of documents, registered with the state and subject to permanent storage. Based on Part 1 of Art. 17 of Federal Law No. 125-FZ, the obligation to ensure the safety of archival documents, including documents on personnel, extends to:

to government bodies;
to local governments;
on organizations;
for citizens engaged in entrepreneurial activities without forming a legal entity.

State bodies, local government bodies of a municipal district, city district and intra-city district are required to create archives for storing, compiling, recording and using archival documents generated in the process of their activities (Part 1, Article 13 of Federal Law No. 125-FZ).
For your information

Archive is a structural unit of an institution that carries out acquisition, accounting, storage and use of archival documents (GOST R 7.0.8‑2013 “National Standard of the Russian Federation. System of standards for information, library and publishing. Record keeping and archiving. Terms and definitions”, approved by Order of Rosstandart dated October 17, 2013 No. 1185-st). The normative and methodological document defining the activities of the archive is the Basic Rules for the Operation of Organizational Archives (approved by the Decision of the Board of Rosarkhiv dated 02/06/2002).

In order to ensure uniform principles for organizing the storage, acquisition, recording and use of archival documents, state bodies, local governments and organizations must be guided in their work with archival documents by the legislation of the Russian Federation (including the rules established by the federal executive body specially authorized by the Government of the Russian Federation), legislation subjects of the Russian Federation and municipal legal acts (Part 5 of Article 14 of Federal Law No. 125-FZ). The mentioned rules include, in particular, the Rules for organizing the storage, acquisition, recording and use of documents of the Archival Fund of the Russian Federation and other archival documents in government bodies, local governments and organizations.

The safety of archival documents is ensured during their storage periods established by federal laws, other regulatory legal acts of the Russian Federation, as well as the lists of documents provided for in Part 3 of Art. 6 and part 1 art. 23 of the said law.

Part 3 of Art. 6 of Federal Law No. 125-FZ stipulates that lists of standard archival documents indicating their storage periods, as well as instructions for the use of these lists, are approved by a federal executive body specially authorized by the Government of the Russian Federation. Currently in effect:

List of standard management archival documents generated in the process of activities of state bodies, local governments and organizations, indicating their storage periods (hereinafter referred to as the List);
List of standard archival documents generated in the scientific, technical and production activities of organizations, indicating storage periods;
A list of standard documents generated in the activities of state committees, ministries, departments and other institutions, organizations, enterprises, indicating storage periods.

The list was prepared in accordance with Federal Law No. 125-FZ, taking into account the provisions of other federal laws and other regulatory legal acts of the Russian Federation regulating the composition and storage periods of certain types of documents.
It can be assumed that after amendments are made to Federal Law No. 125-FZ, changes will be made to this list. Let us remind you that personnel documentation in the List is allocated to sections. 7 “Labor relations” and 8 “Staffing”. In addition, some personnel documents appear in other sections of this list. For example, the staffing table, staffing arrangement, job descriptions are indicated in clause 1.2 “Organizational basis of management” section. 1 “Organization of the management system.”

Depending on the significance of the documents, the following are possible:

permanent storage of documents from the Archive Fund of the Russian Federation;
temporary storage of archival documents;
temporary storage of documents from the Archive Fund of the Russian Federation.

Permanent storage of documents from the Archive Fund of the Russian Federation involves storing such documents without defining a period (indefinite storage) (Clause 12, Article 3 of Federal Law No. 125-FZ).
Temporary storage of archival documents is carried out until they are destroyed within the periods provided for by regulatory legal acts (clause 13 of article 3 of Federal Law No. 125-FZ).

As for the temporary storage of documents from the Archive Fund of the Russian Federation, in accordance with clause 14 of Art. 3 of Federal Law No. 125-FZ is the storage of this category of documents until they are transferred for permanent storage. The procedure for such transfer is established by Art. 21 of Federal Law No. 125-FZ.

According to the rules of Part 1 of Art. 21 of Federal Law No. 125-FZ, documents of the Archive Fund of the Russian Federation that are in state or municipal ownership, after the expiration of their temporary storage periods in state bodies, local government bodies or state and municipal organizations, are transferred for permanent storage to the relevant state and municipal archives.

The nomenclature of files will help to properly organize the storage of documents during office work, as well as when preparing them for archival storage. The nomenclature of files is a systematized list of the names of cases entered into the records management of an organization, indicating the periods of their storage in the established form (clause 3.4.1 of the Basic Rules for the Operation of Archives of Organizations). The form of the nomenclature of cases is given in Appendix 7 to the rules.

The nomenclature of files is used when conducting an examination of the value of documents, as well as to determine the storage periods for files containing documents of temporary storage (clause 2.3.3 of the Basic Rules for the Operation of Archives of Organizations).

By virtue of clause 3.4.3 of the Basic Rules for the Operation of Archives of Organizations, the nomenclature of files is the basis for compiling inventories of files of permanent and temporary (over 10 years) storage and the main accounting document in office work, and in the archive of an organization it is used to record temporary files (up to 10 years inclusive ) storage. The case systematization scheme fixed in the nomenclature can be used when developing a card file diagram for executed documents.

How an employee’s personal file is formed

The personal file of a dismissed employee is formed according to the dossier principle and is stored in the personnel department of the organization until the end of the calendar year. Within 3 years after dismissal, documents undergo archival and technical processing and are transferred to the archive.

After archiving, there are some aspects that need to be completed:

Personal file of a dismissed employee, sample internal inventory

Sample of a personal file certification sheet

How to submit an employee’s personal file to the state archives

The storage period for these documents in accordance with the Model List is generally 75 years. The exceptions are: reports of accidents related to production - stored for 45 years; tariff sheets – 25 years; minutes of meetings of commissions to establish length of service for the payment of bonuses for length of service - 15 years; minutes of meetings, resolutions of certification and qualification commissions - 15 years; lists of employees retiring on preferential pensions – 50 years.

The selection of documents for further storage is carried out by conducting a sheet-by-sheet review of files. It is not permitted to examine the value of documents based solely on the headings on the covers of cases.

At the same time, excess copies of documents or documents not related to the issues on which the case was formed are removed from the cases; The correctness of the documents is checked.

The internal inventory is signed by its compiler, indicating the transcript of the signature, position and date of compilation of the inventory. If the case is bound or filed without an internal inventory of documents form, then the inventory drawn up in the prescribed form is glued to the inside of the front cover of the case.

Description and destruction of files in the personnel service For all permanent and long-term (over 10 years) storage periods completed in the records management of the personnel service, an inventory of cases is compiled (see Appendix 4). Documents on personnel are allocated to a special group, systematized separately and included in a separate inventory. Registration and accounting forms of documents on personnel (books, journals of orders for admission, transfer, dismissal, personal cards, personal files, agreements, contracts, etc.) are included in the inventory of documents on personnel.

What documents are included in a personal file?

The composition of personal files, as well as the procedure for formation, for private entrepreneurship is not fixed at the legislative level, but it must be properly prescribed in the local act of the company.

Documents that usually belong to a personal file can be divided into several groups:

Primary documentation for hiring. This includes those documents that employees provide upon employment, and those that are filled out and entered directly during registration. It can be:
documents on education and qualifications;
copies of identification documents (passport, SNILS, identification code, if any);
recommendations or reviews from previous employers (if necessary);
a document or a copy thereof regarding military registration (if available);
certificate of no criminal record (needed when applying for certain positions);
medical examination data;
completed application form (if provided);
employment application;
a copy of the admission order;
concluded employment contract, etc.
Papers that appeared in the process of working in this position. They may reflect the employee's professional achievements or his social dynamics. These may include:
driver license;
marriage or divorce certificate, if these events occurred during employment;
birth certificates of children (same justification);
job description;
additional agreements concluded (if this was done);
a copy of the agreement on financial responsibility (if the position provides for it);
certification certificates;
data from regular medical examinations;
documents establishing medical restrictions or disability (if this happened during work);
copies of orders about internal changes in position (transfer, promotion, demotion, etc.);
data on disciplinary sanctions and work incentives;
leave requests;
reports, explanatory notes, memos, etc.
Documents confirming the employment relationship with this employer. Before the case is dismissed, it must be properly completed. The latest documents in the personal file folder may be:
a copy of the dismissal order;
documents on dismissal due to external transfer;
employee's death certificate.

Orders relating to personnel documents

Orders published by the administrative apparatus of the company constitute such a classification:

orders relating to the main activities of the company;
orders for personnel;
orders published in the context of administrative and economic activities.

Orders related to the main activities of the company include those orders that are intended to regulate the ordinary work of the enterprise. The storage period for such orders is permanent. That is, such orders must be archived throughout the entire period of the organization’s existence.

Orders published within the framework of administrative and economic activities must be preserved for at least 5 years.

In turn, instructions on personnel relate to the procedure for formalizing professional relationships. That is, the following orders fall into this category:

about hiring for a position;
about dismissal from work;
about transfer to another position on a temporary or permanent basis;
on assigning leaves to staff (both regular paid and free, taken out by employees at their own expense);
imposing disciplinary liability on the employee;
on attracting an employee to work on his non-working days;
other orders published by the administrative apparatus regarding personnel.

The main aspects of specific periods of preservation of personnel orders are regulated by Order of the Ministry of Culture of the Russian Federation No. 558 dated August 25, 2010, on the basis of which the List of standard archival documents in the company was approved.

Who do they file personal files against?

This question can be answered unequivocally only in relation to civil servants: for all, as required by law.

Since maintaining personal files is not necessary for private entrepreneurs, they themselves can decide which employees to keep this documentation for, and which ones can do without such detailed personnel records. Some managers who practice this system prefer to keep personal records for all personnel in order to systematize data for each employee. But some, in order to save time, organize the management of personal files only for certain categories of employees.

This is also important to know:
Work upon dismissal: in what cases is it necessary and in what cases can it be avoided?

Personal files are usually opened for employees of what positions:

management;
deputy managers at various levels;
key specialists;
employees bearing financial responsibility;
personnel reserve, etc.

FOR YOUR INFORMATION! It is advisable to open a personal file for such employees, regardless of the form and time of his employment - he works part-time or at his main job, under a fixed-term employment contract or on a permanent basis.

Less often, positions are provided with personal records for which educational, qualification or other special requirements are not provided, for example, cleaner, watchman, janitor, etc.

Procedure for conducting personal affairs

A personal file (PD) is a set of documents relating to one employee and containing information about his labor (official) activities and length of service.

In budgetary organizations, as a rule, records are maintained for all employees. However, it is possible to conduct them selectively, for example, only for management personnel, financially responsible persons, etc. By maintaining we mean:

timely entry of records of all changes: personal and biographical information, job position, etc.;
inclusion of incoming materials and their withdrawal;
issuance of case materials, certification of copies;
maintaining an internal inventory;
periodic checking of the state of affairs;
closing and preparation for transfer to the archive, etc.
The procedure for maintaining and the list of documents attached to the LD is approved by local regulations.

What documents from the employee’s personal file are archived?

In addition to inventories of files with a permanent storage period, files with a temporary (over 10 years) storage period, personnel services of organizations must annually draw up inventories of files for personnel. Documents on personnel have a special social significance - they are the basis for confirming work experience, position held, duration of work in a given organization and other facts of labor relations. In order to prevent the loss of these documents, most of the documents on the personnel of dismissed workers are archived and stored for 75 years. In connection with the development of computer technology and the increase in the volume of documents on electronic media, organizations have a need to store audiovisual and electronic documentation. In the archive of the organization, depending on the composition and volume of electronic documents, inventories of electronic documents with a permanent storage period are compiled.

An inventory of the affairs of the personnel service is submitted to the archive one year after the completion of the affairs in office work. Responsibility for the timely and high-quality compilation of an inventory of the affairs of the personnel service lies with its head. Before entering the headings of cases into the inventory, the quality of the formation and registration of cases, the correspondence of the number of cases included in the inventory with the number of opened cases according to the nomenclature of cases of the personnel service are checked. When reviewing cases, the following is checked: compliance of the case title with the contents of the documents in the case; correctness of execution and grouping of documents included in the case; the quality of the filing or binding of the case; correct numbering of case sheets; the presence in the case, where necessary, of an internal inventory of the case and its correctness; the correctness of the cover of the case; presence and correctness of the certification sheet of the case. Personnel cases, as a rule, are systematized chronologically. In the archives of large organizations with a large number of employees, the structural and chronological principle of systematizing personal files can be used.

Within each year, personnel matters are systematized according to the degree of importance - orders for enlistment (in an educational institution, etc.), transfers, dismissal (graduation from an educational institution, etc.), personal accounts, lists, accounting logs personnel documents, other registration and accounting documents, personal files, personal cards. In order to ensure safety and consolidate the order of arrangement of documents included in the file, all its sheets, except for the sheets of certification and internal inventory, are numbered in expanded form in Arabic numerals with gross numbering in the upper right corner, without touching the text of the documents, with a black graphic pencil or numberer. The use of ink and colored pencils for numbering sheets is prohibited. When renumbering sheets, the old numbers are crossed out and the new sheet number is placed next to it; at the end of the case, a new certification sheet is drawn up, while the old certification sheet is crossed out, but remains in the file.

If there are individual errors in the numbering of sheets in files when preparing them by the organization’s archive for transfer to state storage, it is allowed, in agreement with the state archive, to use lettered sheet numbers. Each case in the inventory has an independent serial number. If the case consists of several volumes, each volume has its own number. The archive of the organization arranges the files in the inventory in order. He also assigns inventory numbers to the structural unit.

When transferring cases over several years to the archive, they need to be systematized. The usual order of systematization of affairs in an organization is chronological and structural.

Responsibility for personal affairs

The list of employees who have access to personal files is regulated by order of the head of the organization. The employee also has the right to familiarize himself with any information regarding his person, which is kept by the personnel officer.

Access of third parties to personal information is prohibited and is classified as a violation of the legislation of the Russian Federation.

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According to the current legislation of the Russian Federation, those responsible for violating the inviolability of personal data can be held accountable:

disciplinary (subparagraph “c”, paragraph 6, part 1, article 81 and article 192 of the Labor Code of the Russian Federation);
material (clause 7, part 1, article 243 of the Labor Code of the Russian Federation);
administrative (Articles 13.11 and 13.14 of the Administrative Code of the Russian Federation);
criminal (Articles 137 and 140 of the Criminal Code of the Russian Federation).

According to Part 2 of Art. 13.11 of the Code of Administrative Offenses of the Russian Federation, working with personal data without written consent entails a fine of 3,000–5,000 rubles. (for citizens) up to 15,000–75,000 rub. (for legal entities).

The procedure for creating an employee’s personal file after dismissal

The personal file is closed on the day the person is fired. After this, the authorized specialist must complete it in full:

check the presence of all documents;
check the chronology of papers in the folder;
check the numbering of sheets (all sheets are numbered in Arabic numerals with gross numbering in the upper right corner of the sheet with a simple pencil or numberer).

Then you need to make a final entry on the internal inventory. It indicates the number of sheets included in the LD, as well as the number of sheets of the inventory itself (its sheets should be numbered separately). After which the compiler must sign both the inventory and the final entry. After which you can draw up a so-called certification sheet, which will contain a description of your personal file. Next, all the papers are stitched together: at the beginning of the folder there is an inventory, and at the end there is a certification sheet. On the title page you need to write the closing date in accordance with the dismissal order, as well as the retention period of the entire folder.

Please note that if the dismissed person did not take any original documents, for example, a military ID or medical record, they must be kept until required in his LD. To do this, they should be placed in envelopes (each document separately) and filed in a folder. Such envelopes are numbered, sealed and certified by the signature of an authorized person.

The procedure for storing orders for personnel

To ensure proper preservation of documents in the company, the responsible person must be guided by Federal Law No. 125 of October 22, 2004, which provides the basic rules regarding the procedure for storing documents in the archive. So, the order of preservation of papers is as follows:

Creation of general conditions for the preservation of archival documents. It must be emphasized that the manager himself determines the algorithm for the safety of papers in accordance with Art. 13 and Art. 17 Federal Law No. 125. The law provides the manager with several options. Thus, the company has the right to store orders in an archival institution, create its own archive within the organization itself, or entrust each division of the enterprise with storing documents on personnel employed in the relevant departments. The procedure for storing papers in this case is slightly different in practical terms, but the storage period remains the same for all options.
Forming an understanding of how current storage differs from archival storage. The first category involves the use of an order from the moment of its publication until the date of transfer to the archive as part of a personal file. In turn, archival storage involves the formation of a personal file of a specific employee, recording information about him based on the nomenclature of files, as well as the subsequent transfer of the personal file to the archive.
Determining the procedure and storage periods in accordance with federal and local company regulations. The period during which orders for personnel must be kept safe is defined in Art. 230 and in art. 230.1 of the Labor Code of the Russian Federation, as well as in Federal Law No. 125. In the case where the storage period for a specific document is established in the Labor Code of the Russian Federation, it is necessary to rely on these norms. In turn, if this is not established in the Labor Code of the Russian Federation, you should look for the storage norm in Federal Law No. 125. The storage period for orders must be calculated starting from the first January of the year that follows the reporting period of completion of paperwork for the document, and not from the moment paper formation.

Who has access to personal files

All cases contain personal data (PD), and compliance with the requirements for their protection is the direct responsibility of employers (Chapter 14 of the Labor Code of the Russian Federation, Federal Law No. 152 of June 27, 2006). The list of persons with access to personal data is approved by order of the head. At the same time, persons who have access to PD are obliged not to disclose to third parties or distribute this data without the consent of the PD subject, unless otherwise provided by federal law.

This is also important to know:
Dismissal under a fixed-term employment contract

The head of the organization, by order, appoints those responsible for maintaining and storing personal records (usually the head of the personnel department and his subordinates), and also approves the list of persons who have access to them (this information can also be fixed in the Instructions for maintaining personal files). This list usually includes:

the head of the organization and his staff deputies;
head and employees of the HR department;
head and employees of the legal service;
accounting employees who calculate wages and make tax and other deductions;
heads of structural units (in relation to subordinate employees);
other responsible employees approved by order.

Representatives of third-party organizations can access LD only with the permission of the head of the organization upon an official written request.

Sample order for admission

What documents from the employee’s personal file are archived?

Applications of more than 250 sheets constitute a separate volume, about which a note is made in the document. Administrative documents in the personnel service are grouped into files by type and chronology with related applications. Regulations on the personnel service, job descriptions, if approved by the head of the organization, are grouped into independent cases. Orders for core activities are grouped separately from orders for personnel. HR orders are grouped into files in accordance with the established retention periods. The fact is that paragraph 3 of Article 264 of the Tax Code of the Russian Federation establishes that in order to write off these costs to reduce taxable profit, the organization must keep all documents confirming training (agreement with an educational institution, an order from the head to send an employee for training, an act of provision of services, a diploma , certificate, certificate, etc.). Their storage period is limited to the duration of the training contract and one year of the employee’s work, but not less than four years.

Place notes on the verification of your personal file in the addition to your personal personnel record sheet. Nina KovyazinaDeputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia 2. How to store documents in the personnel service Documents required for storage Legislation obliges all employers to ensure the storage of archival documents that are generated in the course of their activities (clause 1 of Article 17 of the Law of October 22, 2004 No. 125-FZ). The personnel department of an organization is, as a rule, responsible for storing documents on personnel.

Document storage periods The periods during which it is necessary to store documents on personnel are indicated in the list approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558. The beginning of the document storage period is considered to be January 1 of the year following the year in which they were compiled (paragraph 4 p. The last details are entered in the archive. Fig. 6. 5. During the period of preparation of cases by a structural unit for transfer to the organization’s archive, an archive employee first checks the correctness of their formation, execution and compliance with the number of cases included in the list of cases (structural unit ), the number of cases opened in accordance with the nomenclature of the organization's cases. Employees of the structural unit are required to eliminate all deficiencies in the formation and execution of cases identified during the inspection. If a lack of cases is detected, a corresponding certificate is drawn up.

Each case is accepted by the person responsible for the organization’s archive in the presence of an employee of the structural unit.

The liquidation commission or bankruptcy trustee is responsible for the preparation and transfer for further storage of archival documents of the liquidated organization. In order to carry out work to organize documents and transfer them for storage to archival institutions, the cost estimate for the liquidation of an organization includes an article that provides for the costs of conducting an examination of the value and processing of documents. The storage period for these documents in accordance with the Model List is generally 75 years. The exceptions are: reports of accidents related to production - stored for 45 years; tariff sheets – 25 years; minutes of meetings of commissions to establish length of service for the payment of bonuses for length of service - 15 years; minutes of meetings, resolutions of certification and qualification commissions - 15 years; lists of employees retiring on preferential pensions – 50 years.

A final record is drawn up for the internal inventory, which indicates in numbers and in words the number of documents included in it and the number of sheets of the internal inventory. The internal inventory is signed by its compiler. If the case is bound or filed without an internal inventory of documents form, then the inventory drawn up in the prescribed form is glued to the inside of the front cover of the case.

17 of the Law of October 22, 2004 No. 125-FZ). The personnel service of an organization, as a rule, is responsible for storing personal documents

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Storing personal files of employees in the HR department

The HR department should keep records of only working employees. They are placed in a specially designated place, excluding access to them by third parties, as well as the possibility of their theft or loss. These must be specially equipped locked safes (metal cabinets) or rooms.

At the storage location, files are arranged in a vertical position by serial numbers, in alphabetical order, by structural divisions, etc. A list of LDs located in it is placed in the storage facility.

All cases are subject to accounting and are recorded in a separate journal. The form of the journal has not been approved, so it can be developed independently, in terms of functionality for a specific organization.

Every day at the end of the working day, HR employees check the availability of cases in the storage room. Then the cabinets (safes) or rooms are closed and sealed. If the absence of LD is detected by the responsible employee, measures are taken to return it or search for it.

Retention period for personal files of dismissed employees

The question often arises, how long are the personal files of dismissed employees kept? LD are long-term storage documents (cases opened after 2003 are stored for 50 years; earlier - 75 years (Article 22.1 of the Federal Law of October 22, 2004 No. 125)), therefore, in the event of an employee’s dismissal, they are subject to careful verification and closure. To do this, all documents in the case are verified, the inventory is closed, a certification sheet is inserted at the end of the case, and then the case is stitched with 4 punctures. How long to keep personal files of dismissed employees?

Archiving of personal files of dismissed employees occurs three years after its closure (for municipal and civil servants this period is 10 years). The records of dismissed employees must be kept separately from the records of existing employees. If the organization has a room for storing archival files, then they are temporarily moved there. If there is no specially equipped room, then they are located either on a separate shelf in the storage room or in another safe.

Rules for using archival information

There are rules regarding the use of archival information established by current legislation and office practice:

Organizations and individuals undertake to retain data about former employees during the above periods.
Citizens and representatives of enterprises have the right to submit requests to obtain information from the archives.
Copies and certificates of documents regarding social and pension issues, benefits and compensation are issued free of charge.
Archival data can be transmitted in the form of electronic documents.

Document storage

At the level of regulations, the required composition of documents in a personal file is not indicated.

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Termination of an employment contract at the initiative of the employer: grounds, how to formalize

A strictly approved list is regulated only for employees of public services.

Each enterprise can use this list in its work, and depending on the direction of the enterprise’s activity, determine the need to include a particular document in its personal file.

List of required copies of documents:

passport (page with photo, registration, marital status);
diploma, certificate of advanced training;
SNILS, INN;
military ID;
employment history.

Also involved in the matter:

certificates of passing a medical examination and no criminal record;
a specialist’s personal application for employment;
autobiography, employment contract;
documentation of past certification;
photographs of workers.

If necessary, the list is subject to adjustment.

Without the personal consent of the employee, it is prohibited to include information about the worker’s personal life, his religious and political views.

What documents from the employee’s personal file are archived?

Labor Code of the Russian Federation (Article 65) on a specific list of documents provided by employees when concluding an employment contract. The procedure for the formation of personal files and the requirements for the preparation of personal files transferred to the archive are approved by the “Basic Rules for the Operation of Organizational Archives”, approved by the decision of the Board of Rosarkhiv dated 06.02.2002. According to clause 3. 5 of these Rules, the procedure for creating a personal file is as follows: Documents that, in their content, correspond to the title of the case are placed in the file, while it is prohibited to group draft and doublet copies of documents (with the exception of especially valuable ones) into files, as well as documents , subject to return. The personal file should contain no more than 250 sheets, with a thickness of no more than 4 cm. Inside the file, documents should be arranged so that their content consistently covers certain issues.

Ministry of Culture of Russia dated August 25, 2010 No. 558). Read more about dismissal here: Thus, orders for hiring, transfer, dismissal and other orders for personnel must be kept for at least 75 years. An exception to this rule is orders for granting vacations, sending on business trips in Russia (as well as other documents about business trips: assignments, reports, etc.), as well as orders for penalties.

They only need to be stored for five years. Employment contracts, personal cards and personal files of employees must also be kept for 75 years, and personal files of managers - permanently. The staffing table is also required to be maintained at all times. Workplace certification materials should be stored for 45 years, and in difficult, harmful or dangerous working conditions - 75 years.

Keep the labor regulations even after replacing them with new ones. Shelf life is one year. Place notes on the verification of your personal file in the addition to your personal personnel record sheet. Nina KovyazinaDeputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia 2. How to store documents in the personnel service Documents required for storage Legislation obliges all employers to ensure the storage of archival documents that are generated in the course of their activities (clause 1 of Article 17 of the Law of October 22, 2004 No. 125-FZ). The personnel department of an organization is, as a rule, responsible for storing documents on personnel. Storage periods for documents The periods during which documents on personnel must be stored are indicated in the list approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558.

The beginning of the storage period for documents is considered to be January 1 of the year following the year in which they were compiled (paragraph 4, paragraph. The fact is that paragraph 3 of Article 264 of the Tax Code of the Russian Federation establishes that in order to write off these costs to reduce taxable profit, the organization must store all documents confirming training (agreement with an educational institution, an order from a manager to send an employee for training, an act of provision of services, a diploma, a certificate, etc.) Their storage period is limited to the validity period of the training contract and one year of the employee’s work, but at least four years Question Good afternoon, tell me how to file the personal files of dismissed employees (we don’t have an archive as such, just a separate office).

Currently, I have made an internal inventory of all the documents that are in the personal files of those dismissed, placed this inventory as the first sheet in the LD, then they go in order - dismissal order, resignation letter, additional. termination agreement, acceptance order, etc., including all copies of documents under Art. 65 TC All sheets were numbered (for example, there are 40 of them), and on the first sheet of the LD, where the employee’s name is written, the date started, date ended, on 40 sheets, kept for 75 years. The last details are included in the archive. Rice.

6. 5. During the period of preparation of cases by a structural unit for transfer to the archive of the organization, the archive employee first checks the correctness of their formation, execution and compliance of the number of cases included in the inventory of cases (of the structural unit) with the number of cases opened in accordance with the nomenclature of the organization’s files. Employees of the structural unit are required to eliminate all deficiencies in the formation and execution of cases identified during the inspection. If a lack of cases is detected, a corresponding certificate is drawn up.

Each case is accepted by the person responsible for the organization’s archive in the presence of an employee of the structural unit.

You independently compile a list of documents to be included in it: For example, such documents include: documents on the employee’s education, information on assignment to work; characteristics, letters of recommendation (if available); documents reflecting issues of admission, internal transfer (transfer) and dismissal of an employee (his personal statement, copies or copies of orders and other documents). Requirements for registration of personal files accepted into the archive: In this case, complete registration of files includes: filing or binding of the file; numbering of sheets; drawing up a certification sheet, as well as drawing up (if necessary) an internal inventory of documents; making the necessary clarifications in the details of the cover of the case (clarification of the name of the organization; registration index of the case; deadlines of the case; title of the case) Cases of temporary (up to 10 years inclusive) storage are subject to partial registration. To take into account the number of sheets in the case and record the peculiarities of their numbering, a document certifying sheet is drawn up (see Appendix 2). The document certifying the case is signed by its compiler, indicating the transcript of the signature, position and date of compilation. All subsequent changes in the composition and state of the case (damage, replacement of original documents with copies, addition of new documents, etc.) are noted in the document certifying the case with reference to the relevant act. To record documents of certain categories of cases with permanent and long-term (over 10 years) storage periods, an internal inventory of case documents is compiled. The internal inventory is compiled on a separate sheet according to the established form (see Appendix 3).

A final record is drawn up for the internal inventory of the case, which indicates in numbers and in words the number of documents included in it and the number of sheets of the internal inventory. On the cover of permanent storage files, space is provided for the name of the state archive into which the organization’s files will be accepted, designation of the codes of the state archive and organization. When the name of an organization (structural unit) changes during the period covered by the case documents, or when the case is transferred to another organization (to another structural unit), the new name of this organization or the legal successor organization is indicated on the cover of the case, and the previous name of the organization (structural unit) is enclosed in parentheses. Personnel files are transferred to the archive.

Their transfer is carried out only according to inventories. Cases of temporary (up to 10 years inclusive) storage, as a rule, are not subject to transfer to the archive; they are stored in the personnel service and, upon expiration of the storage period, are subject to destruction in the prescribed manner. They can be transferred to the archive only in exceptional cases by decision of the head of the organization.

Their transfer can be carried out according to the nomenclature of cases. Each case is received by the head (special employee) of the archive (person responsible for the archive) in the presence of a personnel service employee. In this case, on both copies of the inventory, a note about the existence of the case is made against each case included in it. As a result of the examination of value, all files in the personnel service are divided into three groups: permanent storage, long-term storage (over 10 years), temporary storage (up to 10 years inclusive). Methodological and practical assistance to the personnel service in carrying out work on the examination of the value of cases is provided by the records management service, the archive and the expert commission (EC) of the organization, which directs the general process of examination of the value of cases in structural divisions. Case numbers according to nomenclature are indicated on the spines of case covers.

It is prohibited to store documents on unsuitable desktops. The issuance of cases to third-party organizations is carried out with the permission of the head of the organization. A substitute case card or receipt is created for the issued case. Removal of documents from files with permanent storage periods is allowed in exceptional cases and is carried out with the permission of the head of the organization with the obligatory leaving in the file of a certified copy of the document and the act of seizure of the original.

Accounting and registration: entering other data

The accounting procedure is regulated by legislative standards in the labor sphere. Accordingly, they are stored and registered in the personnel department in a certain order. For convenience, a magazine is used, the form of which is determined by job descriptions. At the time of registration, the following information must be entered in the journal:

Registration number;
First name, last name and patronymic of the employee;
Date of registration;
A note on deregistration of the enterprise.

The moment of registration of the organization is the date of recording in the registration book. In the field of office work, in the direction of storing and registering files, it is possible to make changes to folders with personal files. Such changes should be recorded at the time of marriage, change of place of residence, advanced training or transfer to a workplace in another department of the organization.

To make changes, the employee himself contacts the personnel department of the enterprise, after which the head of the archive is called upon to record all changes. The general procedure for entering data is determined by compliance with the following algorithm:

Providing a statement from staff requesting changes to the documentation, as well as submitting supporting documentation. Data can be changed only if there are significant circumstances;
Issuing an order on the need to introduce innovations into accounting documentation;
Registration of an order in the journal for recording orders that apply to personnel;
Direct recording of information.

Thus, the preparation and registration of documentation, the procedure for storing and destroying personal files of enterprises are regulated by state legislation.

Sample log book

Sample test card

Electronic personal file

Nowadays, many Russian companies have implemented or have begun to implement HR automation. It can hardly be called following fashion, rather a necessity. Employees' personal files are increasingly maintained and stored in computer databases. Paper documents are used, but mostly as reinsurance.

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This is also important to know:
Unlawful dismissal: consequences for the employer

Maintaining and storing personal files in electronic form is, above all, convenient. A HR employee does not need to bite the dust, shifting things around in order to find what he needs. Therefore, one of the absolute advantages of electronic files is the ability to find everything quickly, without wasting time and effort.

It is worth noting that not all documentation can be kept in electronic form; work books, for example, cannot.

If the document must contain the personal signature of the employee, it must also be in paper form.

Additional questions

Correctly setting the retention period for documents is very important

In this case, the files of dismissed employees must be kept for 75 years. At the same time, the personal files of managers must be kept permanently. In order to archive personal files electronically, it is necessary to digitize all the documents that make up these files. To do this, a scan is performed. Moreover, pre-processing is carried out, a number of settings are assigned so that documents to be archived are sent directly to storage folders. This will help significantly reduce operating time.

The storage period for employee personal files will be reduced by almost four times

If any changes are subsequently made, they must be noted on the certification sheet, referring to the relevant act.

The internal inventory is included at the beginning of the case, and the certification sheet completes it. Then the folder is filed and sealed. The closing date and shelf life are indicated on the title page.

If for some reason the employer still has the personal documents of the dismissed employee (identity cards, work book, military ID), they must be placed in a separate envelope, filed with the file and the attachments numbered.

How to deal with the affairs of dismissed employees

When a person quits, his file is closed, removed from the file and filed. In this case, a certification sheet must be drawn up. It includes data on how many sheets are stitched and numbered. This sheet also indicates whether there are damaged documents in the case, or whether new ones have been attached.

The certification sheet is pasted onto the cover of the case from the inside. The HR employee puts his signature on this sheet.

An employee’s personal file is kept in the archive for 75 years; for managers, this period is usually longer. But at the same time, if on the last working day an employee asks for copies of the necessary documents, this can be done; in this case, the file will not have to be stored, and the archive will be unloaded.

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Examination of the value of documents When conducting an examination of the value of documents, the storage periods for documents are determined in accordance with the List of standard management documents generated in the activities of organizations, indicating the storage periods, approved by the Federal Archive on October 6, 2000 (as amended on October 27, 2003; hereinafter - Standard list). Personnel documents that have a long-term shelf life include: administrative documents (orders; instructions; notes replacing orders for personnel; resolutions, etc.); lists of personnel, incl. lists of workers in production with hazardous working conditions; personnel registration cards, incl.

Changes in the composition of case documents (withdrawals, inclusions of documents, replacing them with copies, etc.) are reflected in the column “Notes with links to relevant acts. If necessary, a new final entry for the internal inventory and a certification note of the case are drawn up. 3. 6. 18. Labor Code of the Russian Federation (Article 65) on a specific list of documents provided by employees when concluding an employment contract. The procedure for the formation of personal files and the requirements for the preparation of personal files transferred to the archive are approved by the “Basic Rules for the Operation of Archives of Organizations”, approved by the decision of the Board of Rosarkhiv dated 06.02.2002. According to clause 3. 5 of these Rules, the procedure for creating a personal file is as follows: Documents that, in their content, correspond to the title of the case are placed in the file, while it is prohibited to group draft and doublet copies of documents (with the exception of especially valuable ones) into files, as well as documents , subject to return. A personal file should contain no more than 250 sheets, with a thickness of no more than 4 cm. Inside the file, documents should be arranged so that their content consistently covers certain issues.

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conclusions

When dismissing an employee, some rules must be followed:

the case is closed on the day of termination of the employment relationship;
the folder is handed over to the archive no later than 3 years after the date of its completion;
The personnel officer is responsible for storing personal information.

Personnel documentation should be stored in a room inaccessible to unauthorized persons. To prevent loss of papers, it is advisable to place them in a safe (metal cabinet).

If a former employee needs to send a request to the company for documents, but the company has already gotten rid of them, then this indicates a violation of the law on archival matters and is punishable under Art. 13.20 of the Code of Administrative Offenses of the Russian Federation in the amount of a fine of up to 500 rubles.

How to create an archive of personal files of dismissed employees

Is it possible to archive the LD in this form? — the detailed procedure for creating a personal file is indicated below in the text.

Is it necessary to update the LD of fired employees? - yes, it is mandatory (clause 3. 6. 4 of the Rules, approved by the decision of the Rosarkhiv board of February 6, 2002).

We are specifically interested in the issue of registration and in the event of any external inspections, our responsibility for this registration and storage - for violation of the rules of storage, acquisition, accounting or use of archival documents, administrative liability is provided (Article 13. 20 of the Code of Administrative Offenses of the Russian Federation).

Keep personal files of current employees only in the HR department. Transfer the files of resigned employees to the archives for storage. Sew personal documents with four pins into a hard cardboard cover (binder) or bind them in such a way that you can read the text of all documents, including dates, visas and resolutions.

Before filing (binding), remove staples from all documents. This procedure follows from paragraph 3. 6. 4 of the Rules, approved by the decision of the Rosarkhiv board on February 6, 2002. Initially, the personal file includes documents accompanying the hiring procedure, since it is created immediately after the issuance of an order to hire an employee work. In the course of work, the personal file is replenished with other documents.

The last, final document in the personal file folder will be a copy of the order to terminate the employment contract. This procedure follows from paragraphs 3. 5. 3 and 3. 6. 18 of the Rules, approved by the decision of the Rosarkhiv board of February 6, 2002.

internal inventory of case documents;
personal personnel record sheet;
questionnaire;
addition to the personal personnel record sheet;
autobiography;
application for a job;
a copy of an identity document;
a copy of the insurance certificate of state pension insurance;
copy of TIN;
job description;
copies of education documents;
characteristics and letters of recommendation;
employee personal statements;
employment contract;
copies of personnel orders relating to this employee;
certification sheets;
reviews of officials about the employee;
health certificates;
photos;
document certifying the file (drawn up when submitting the personal file to the archive).

The period during which it is necessary to store documents confirming that an employee received education at the expense of the organization is determined by the requirements of tax legislation. The fact is that paragraph 3 of Article 264 of the Tax Code of the Russian Federation establishes that in order to write off these costs to reduce taxable profit, the organization must keep all documents confirming training (agreement with an educational institution, an order from the head to send an employee for training, an act of provision of services, a diploma , certificate, certificate, etc.). Their storage period is limited to the duration of the training contract and one year of the employee’s work, but not less than four years.

The case certification sheet is drawn up in the prescribed form (Appendix 9), which indicates in numbers and in words the number of numbered sheets of the case, the number of sheets of the internal inventory, specifies the specifics of the numbering of case numbers (presence of lettered case numbers, missing numbers, numbers of sheets with pasted photographs, numbers large-format sheets, envelopes with attachments and the number of sheets enclosed in them), and also indicates the presence in the file of printed copies of brochures with the number of sheets in them, if they were not noted in the general gross numbering in the file.

Sources:

https://truddogovor.ru/kak-proisxodit-xranenie-lichnyx-del-sotrudnikov-obrazcy-dokumentov/
https://assistentus.ru/sotrudniki/lichnoye-delo/
https://gosuchetnik.ru/kadry/kak-pravilno-khranit-lichnye-dela-v-byudzhetnoy-organizatsii
https://clubtk.ru/formirovanie-lichnogo-dela-rabotnika
https://rossiz.ru/skolko-hranitsya-lichnoe-delo-sotrudnika-posle-uvolneniya/
https://pravostoriya.ru/lichnye-dela-uvolennyh-sotrudnikov/
https://obd2bluetooth.ru/lichnye-dela-uvolennyh-sotrudnikov/

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