Why is a work book needed?
Throughout a person’s life, he is accompanied by a work book (LC) with records of all the places where he worked. When a boy or girl gets a job for the first time, they are required to obtain this document. Every time you apply for a job or leave a job, an entry is made here indicating the date and name of the organization.
When a person reaches retirement age, he can confirm his work experience using a work book. In some cases, the presence of specific experience is important. For example, when hiring, a condition may be five years of professional experience. It can be confirmed by the presence of appropriate entries in the work book.
Another important reason for using this document may be the need to get an impression of the professional and human qualities of a candidate for a job. The basis for this may be previous jobs, punishments or rewards, information about the employee’s advanced training.
How to apply
Registration of a work book
The most common place to store work records is in the human resources department or in the general accounting department. It is necessary to fill out work books:
- For staff involved in solving production problems.
- For temporary employees.
- Workers hired for part-time work for the season.
- For employees working outside the company, subject to social insurance.
The document is not created for external part-time workers. Upon hiring, a citizen presents his work book to the HR department employee, the latter checks the compliance of the information specified in it with the documents.
To issue a work book, you must provide the following information:
- Last name and initials of the employee, date of birth, what education he has, what his specialty is.
- Where the work activity was previously carried out.
- Information about awards, incentives, punishments and other information, if available.
Rules for drawing up a work book
When a young person gets a job for the first time, he is required to provide him with a work book no later than 7 days after the date of entry into work. Those who already have this document must submit it upon admission. An entry for a new job must be made within five days.
The work book consists of three parts:
- Basic information about the employee (first spread);
- The following pages record various events of working life: employment, transfer, dismissal, promotions and others;
- Awards and promotions received by the employee;
There are rules in accordance with which data must be entered. If they are violated, the corresponding entries may be invalidated.
- Entries are made in Russian.
- You can use black, blue or purple color
- It is prohibited to make any abbreviations in the inscriptions. For example, the word “order” must not be abbreviated as “pr.”
- Dates are always given in the same format: two digits for the day, two more for the month, then four digits for the year.
- All records of an employee’s work activity have their own numbers. In this case, continuous numbering is used.
How to ensure storage
It is equally important to ask where the document is stored. This aspect is very important for the employee, since unforeseen circumstances may arise in the event of a loss. Storage conditions, at a minimum, must be provided:
- in a lockable safe;
- in cabinets among important documents or valuables.
It will be quite difficult to restore records of labor achievements if the work record is lost.
Recommendations for issuing a document:
- Due to termination of the employment agreement.
- If you need to submit an application to government agencies containing information from your work book.
- If an employee leaves for another world, the transfer is carried out to close relatives.
- If the deceased employee has no relatives, then the document must be kept by the employer for 50 years.
Work book and part-time job
The work is noted in this document only when it is the main place of employment. If we are talking about part-time work, then the data is not entered into it.
A person can work one main job and several part-time jobs. The law does not prohibit being a part-time worker and not having a main place of work.
Sometimes an employee, at his own discretion, writes a statement that he wants to display information about part-time work in the work book. In that case it should be done. The reason for this, for example, may be the desire to record the presence of professional experience that is important for the employee’s future plans.
PROVOCATION OF BRIBERY
As in other cases of revealing facts of commercial bribery, in the case of false entries in work books, the investigation needs to investigate all the circumstances preceding the transfer of money for entering false information about professional activities. In other words, it is unacceptable for operatives to try to reveal a crime through provocation.
FROM PRACTICE.
On February 11, 2011, the Neman City Court of the Kaliningrad Region issued an acquittal against B., who was accused of committing a crime under Part 3 of Art. 30, part 1 art. 204 of the Criminal Code of the Russian Federation. The investigative authorities accused B. of the fact that he, having the intention of officially finding a job in the Neman city municipal municipal enterprise for housing and communal services and knowing that one of the conditions for employment is the presence of work experience recorded in the work book, in December 2010 he decided to contact the head of the municipal unitary enterprise "Cleanliness" » with a request to make a fictitious entry in his work book about working at the municipal unitary enterprise. He promised a reward of 500 rubles for recording. And about. The director of the municipal unitary enterprise refused to do this, but B. nevertheless put the money in his work book and handed it to him in his office. However, he was unable to complete his criminal intent, since at the time of transfer of the monetary reward he was detained by a police officer. During the court hearing, it was established that B. had a previous conviction. Having been released from prison, he did not have a permanent place of residence or work, he turned for help to the department of social protection of the population, where he was provided with assistance in processing lost documents and providing hospitalization at the tuberculosis dispensary in Kaliningrad. That is, B. did not have the opportunity to find a job due to the lack of necessary documents and his illness. However, on the day of the commission of the incriminated crime, B. was approached by an unknown person, who through his actions created the conditions for the commission of a crime, pushing the defendant to commit an unlawful act. The unknown person persuaded the latter to get a job as a watchman at a construction site. Through persuasion, he instilled in the accused the idea that in order to get hired, he needed a work book with a record of his work experience in it. The same unknown person bought a new work book for B., told him where he could get an entry for money, and gave B. 500 rubles. The unknown person brought him to the office and... O. director of the municipal unitary enterprise "Chistota", where, after the head of the municipal unitary enterprise refused to make an entry in the work book, he again convinced B. to go to the director again, where B. was detained. The investigation stubbornly ignored all these facts at the pre-trial stage. But they were established at the trial, which allowed the court to conclude that the defendant was innocent. The court noted that based on the principle of the presumption of innocence enshrined in Art. 49 of the Constitution of the Russian Federation and Art. 14 of the Code of Criminal Procedure of the Russian Federation, the accused is considered innocent until his guilt in committing a crime is proven in the manner prescribed by law, and all irremovable doubts about the guilt of the accused are interpreted in his favor. The court indicated that “the failure to identify the person whose actions were purposeful in transferring money to B. for making a fictitious entry in the work book about employment at the Chistota municipal unitary enterprise excludes the possibility of establishing his (the unidentified person’s) true role in the crime accused of B., which the court does not exclude provocation of commercial bribery, which excludes criminal liability.” The court also noted the police officer’s persistent refusal to identify the stranger. The court's conclusions about the provocation of commercial bribery were also based on inconsistent actions on the part of an unidentified person, which also indicate that the work initially offered to the defendant by him was fictitious in nature (case No. 1-12/2011).
In conclusion, we note that taking into account the increase in the number of criminal cases classified under Art. 204 of the Criminal Code of the Russian Federation related to the receipt (transfer) of remuneration for making false entries in the work book, there is a need to clarify the features of qualification of such actions at the level of the Plenum of the Armed Forces of the Russian Federation.
How does an enterprise work with work books?
When a person gets a job, the company is obliged to ensure the safety of this document. When working, the following must be carried out:
- TC traffic record book. It notes: issuance, receipt, and other operations with work books.
- A receipt and expenditure book, which is intended to record the acquisition and expenditure of book forms and inserts for them.
The work book should not be filled out by its owners. This should be done by an employee of the company's HR department.
The original can be issued in two cases:
- Upon dismissal of an employee.
- If it is necessary for registration of a pension.
In other situations, the employee is not issued a document. However, he has the right to demand a copy at any time and is required to provide it.
Work book: new rules for maintaining and storing E. A. Zlobina, 2009
2. “New” work books
The introduction of a new sample of work books on January 1, 2004 turned into a natural disaster for personnel officers of most enterprises. It has become much more difficult to purchase work books. And labor inspectors now have another reason to complain - the lack of spare forms. If earlier forms of work books could be purchased without problems, they were sold on every corner, but now the situation has changed radically: the work book has truly become a document of strict accountability. In accordance with the Decree of the Government of the Russian Federation “On Work Books”, the Association of State Enterprises and Organizations for the Production of State Signs - the GOZNAK Association of the Ministry of Finance of the Russian Federation developed forms for the work book and the insert in it, as well as technical requirements for the production of such forms, which are much more seriously protected from fakes.
Forms are issued in a predetermined quantity and are distributed only by authorized organizations and individual entrepreneurs. Modern printing technologies and special equipment are used in the production of new forms. A special paper has been created with chemical protection and an exclusive “TK” watermark (it can be seen against the light). A special printing method with smooth color transitions is used - iris printing.
Hidden means of protection include the inscription “Labor Book” glowing in ultraviolet light and implanted microhairs. The work book is now sewn with a special seam, which eliminates the possibility of replacing sheets. The new work book has 44 pages. Providing employers with new forms is carried out on a paid basis on the basis of an agreement concluded directly with the manufacturer or distributor. You can name three largest organizations where you can order and receive new sample work record forms. These are SpetsBlank LLC, GUP Glavsnab of the Moscow government and Raznosbyt CJSC. “SpetsBlank” works mainly on requests from republican ministries and departments. State Unitary Enterprise "Glavsnab" of the Moscow government - with large organizations in Moscow and the Moscow region. Raznosbyt directly interacts with organizations in all regions of the Russian Federation.
In order to apply for the production of a work book, you must send a letter of application. The letter should indicate the name of the organization, bank details, OKPO, OKONH, registration number with the tax office, postal address, zip code, telephone, fax. The letter must be signed by the manager and accountant and certified with a round seal. Having received a letter from the employer, the manufacturing organization sends an invoice for advance payment. From the date of payment of the invoice, the organization is placed in a queue to receive work records. Since only Goznak prints work record forms, you have to wait about a month. Delivery of manufactured work record forms will be made through the Federal State Unitary Enterprise “Main Center for Special Communications” of the Russian Ministry of Communications, which delivers strict reporting forms throughout the country. But it should be noted that shipping requires additional costs. There are no restrictions on quantity. You can also apply for 2-3 books. All issued books and their inserts are kept track of by number. Currently, accounting is kept very strictly, because the uncontrolled spending of work books in the past had negative consequences that pension funds and internal affairs bodies are currently facing.
Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 “On approval of the Instructions for filling out work books” approved the Instructions for filling out work books. It was adopted in order to implement the Decree of the Government of the Russian Federation “On Work Books”, which approved the rules for maintaining and storing work books, producing work book forms and providing them to employers. With the adoption of the new instructions, the normative acts of the former USSR on issues related to work books are declared invalid. The main one, perhaps, was the Instruction on the procedure for maintaining labor books at enterprises, institutions and organizations, adopted back in 1974 and slightly short of its 30th anniversary.
The Instruction did not make any cardinal, significant changes to the procedure for maintaining labor records, which had developed over many decades. For the convenience of personnel service workers, all the most key provisions of the previous instructions of 1974 were retained. If the previous instruction regulated all issues, including the rules for recording, filling out, storing work books, and control over the procedure for maintaining them, then the new one establishes only the procedure for filling out work books and their duplicates.
All other issues are regulated by the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by the Decree of the Government of the Russian Federation “On Work Books”. The instruction establishes general rules for entering information into the work book, rules for entering information about the employee, his work, termination of the employment contract, and also includes a section specifically devoted to the specifics of filling out a duplicate work book.
The rules for recording information about awards in the new instructions are presented as before, but the procedure for recording training time and work activity as a member of a collective farm is absent, since this is not provided for in the resolution. As appendices to the resolution of the Ministry of Labor of the Russian Federation, which approved the instructions, the form of the receipt and expenditure book for recording the forms of the work book and the insert in it and the form of the book of accounting for the movement of work books and the inserts in them were also approved. The rules for recording and storing work books, which were included in the old instructions of 1974, were not included in the new instructions, since these issues are regulated by the Rules for maintaining work books.
Work books are kept for all employees working in the organization for more than 5 days, including temporary, seasonal, non-staff workers (if they are subject to state social insurance), homeworkers, and part-time workers. At the same time, the latter’s work books do not indicate that they work part-time.
Work record and pension
Some employees, having accumulated significant experience, make a notarized copy of the document. If they work for a small company or an individual entrepreneur, then the employer cannot always provide reliable conditions for storing documents.
When you reach retirement age, the document in question is needed to confirm that you have sufficient experience to receive a pension. There are two types of work books:
- A Soviet-style document that has existed since 1973.
- New form that came into force in 2003.
Both of these options apply and have the same legal effect.
If entries were made in violation of existing rules, then they may not be taken into account when calculating the pension. Sometimes a document may be lost. In this case, there are two ways to correct the situation:
- Restore your work record by contacting the enterprises where the employee previously worked. This is not always possible, because some of them may be closed or have not saved the necessary documents.
- Experience can be proven on the basis of other documents. To do this, you can use orders and employment contracts. For this purpose, you can go to court and prove it, for example, using the testimony of witnesses, citing salary slips or other documents.
It is not allowed to use two books at the same time.
Performing corrections
Sometimes an HR employee may make a mistake. For such cases, a special correction procedure is provided. In this case, it is not allowed to cross out what was written earlier. To cancel an erroneous inscription, a new one is placed, in which it is written that the entry with this number is erroneous and is invalid.
Immediately after it, a recording is made, which is made in the correct way. If the error is due to the fact that new documents have been received, then the number and date are indicated in the fourth column.
Document form
There are currently two types of work books: those of 1979 and those of 2003. The rules for their conduct are the same.
The old books are 10x14 cm in size, the new ones are 8.8x12.5 cm. Documents may vary in color. They can be gray, dark blue or dark green.
There is protection against counterfeiting. In old samples, a serpentine sign is used for this, which is visible in the light. The new forms use watermarks in the form of the letters “T” and “K” for this purpose.
After all the space in the document has been used up, an insert is used, on which entries continue to be made in the established order.
Start of working career
A person receives the document in question when he gets a job for the first time. In most cases, he will be 18 years old or older at this time. However, in accordance with the law, you can start your working career earlier.
At 14 years of age, the mandatory conditions of employment are as follows:
- Written consent of at least one parent.
- It is necessary that work activity does not interfere with studies.
At the age of 15 you can get a job without parental consent. However, it is important that the work be classified as easy.
From the age of 16, a citizen has the right to enter into an employment contract at his own discretion.
Sometimes your working career can begin much later. This situation often occurs among graduates of educational institutions.
When filling out for the first time, you must present a passport and a document confirming your education. A new book can be issued not only at the beginning of a career, but also after loss. Registration occurs in accordance with legal requirements, and not at the request of the employee. Therefore, there is no need to write a statement for this purpose.
Excerpts from the regulatory framework
In 2021, a new article 66.1 was added to the Labor Code of the Russian Federation, which regulates the introduction of electronic work books into circulation. According to the Law “On Personalized Accounting” dated April 1, 1996 No. 27-FZ (as amended on December 16, 2019), employers are now required to submit an updated report to the Pension Fund from the beginning of the calendar year. It must contain information about the employee’s length of service and his work activity in the company: hiring, dismissal or transfer to another position. And from 2021, the Code of Administrative Offenses of the Russian Federation will establish penalties for employers for violating deadlines and unreliable information when submitting information to the Pension Fund.