Who signs
The notice of dismissal ends the employment relationship of the parties.
Clause 35 of the Rules specifies the design algorithm. When a specialist leaves, the record is certified by the manager, the personnel officer and the employee himself. It seems that it is clear who certifies the records when an employee is dismissed. Still, problems arise. 2 problems when registering a work book:
- The director of the company cannot personally certify every work record.
It is not possible to sign each form, since many specialists are hired and fired. Therefore, it is necessary to transfer the authority to certify information about dismissal in the work book. An order is issued according to which the powers are assigned to the personnel service specialist.
- The responsible employee takes sick leave.
Then the order is written again. It says who certifies the forms during the personnel officer’s illness.
The employee’s signature is placed in the work book when the person is present at work. A signature is not made when a person is absent from work or refuses to read the record.
If a person resigns from an individual entrepreneur, then the signature is signed by the private entrepreneur himself.
Stamp of the organization in the work book: entry rules
A work book is a basic document that confirms a person’s work activity. At the same time, entries in it must be made according to certain rules regulated by Russian legislation. In particular, during the initial hiring and dismissal of an employee, an appropriate stamp must be placed in the work book.
The place where they put a stamp in the work book
When entering data
First of all, the seal of the organization or the seal of the HR department is placed on the title page of the work book during its initial registration. Before this, personal information about the employee is indicated on the title:
- his last name, first name, patronymic}
- day, month and year of birth}
- information about his receipt of appropriate education}
- the name of the acquired profession or specialty.
After the specified data is entered on the first page of the work book, the employee signs, confirming the correctness of the data provided. Finally, all completed entries are signed by the person responsible for issuing work books and certified with a seal.
It should be noted that all personal information about the employee is filled out by an authorized person on the basis of relevant documents (for example, a higher education diploma, passport, driver’s license and others).
When data changes
Secondly, the organization’s seal is affixed if the employee has changed his last name, first name, patronymic or other data. In this case, the previous entry is crossed out with one line and a new one is carefully entered, indicating the relevant documents, on the basis of which such changes are made. The authorized person puts his signature and seal on the back cover of the work book.
When dispensing the insert
Thirdly, there are cases in which all available pages of any section of the work book are filled out.
In such situations, the person involved in issuing and maintaining the relevant documents is obliged to issue an insert, which is valid only in conjunction with the work book.
This procedure is entered into the work book and certified by a seal (stamp) with the inscription “Insert issued” indicating its serial and serial number.
Upon dismissal
Fourthly, when an employee is dismissed at his own request or for other reasons, the work book is signed by the head of the organization in which the employee worked, or by another person performing the functional duties of issuing work books and maintaining them, and directly by the employee himself. After this, the personnel department employee is required to put a stamp in the work book.
Stamps in work books: special cases
In addition, situations sometimes occur when a dismissal is recorded in the work book, but specific information indicating the employee’s transfer to another position or transfer to another structural unit is missing, and the employee insists that the relevant entries be recorded. Most HR employees believe that it is necessary to cancel the dismissal entry made and enter the missing information, and then re-enter “Dismissed (indicating the reason for dismissal).”
However, from the point of view of regulatory legal acts, this action is not entirely correct, since no significant grounds for canceling the inscription were found.
In this case, it is advisable to proceed as follows: the authorized person must additionally enter the missing information after recording the dismissal with the obligatory indication of all the details of the organization.
After this, the entries made are confirmed by the appropriate seal.
Please pay special attention that stamps in the work book, in addition to the above cases, are placed only in the event of dismissal of the employee.
In any other situation, in particular, seals confirming records of employment, transfer to another position within the same organization, certification of information about the award of an employee, etc.
, are a direct violation of the current legislation on maintaining labor records.
What seal should be used when making entries in the work book?
The provisions established by the current legislation of the Russian Federation mention two types of seals, namely:
- organization seal}
- HR seal.
The HR department seal is not mandatory and can only be affixed to a signature made by an HR department employee. In this case, the use of a seal in the work book for personnel documents is not allowed.
If the execution of any procedure is certified by the signature of the manager, then in such a case the seal of the organization must be affixed.
However, it is absolutely legal if such a seal is affixed to the signature of a personnel employee.
At the same time, in order to prevent any errors or inaccuracies, it is best to use one type of seal - the seal of the employing organization.
It is she who has greater legal force than the seal of personnel officers.
It is advisable to put it on documents such as copies of work books, educational documents, certificates issued by the personnel department, extracts from work books, etc.
Correct Print Position
What to do if the stamp on the work book is incorrect?
When using a seal to certify the corresponding entries in the work book, situations arise when the wrong seal is placed or it is in the wrong place. What to do in such cases?
Organization seal not affixed
The easiest way to correct such a defect is to contact your previous place of work to have it stamped. However, you should not delay this decision, since the organization may undergo structural changes and in this case it will be necessary to obtain an additional certificate from the former employer, or in the event of its reorganization, from the legal successor.
Incorrect organization details
Such cases can occur if a person is an employee of a large holding company, or if the company has undergone a reorganization and changed its name.
There are several options to solve this problem. In the first case, it is proposed to simply put the required stamp next to the erroneous one} in the second - to make a corrective entry and put the correct stamp next to it.
However, any outcome of events may arouse suspicion among pension authorities or future employers.
Therefore, in order to protect yourself from unnecessary questions, a certificate is issued stating that the employee was a member of a specific organization for a specific period of time.
Carefully monitor the correctness of the entries in the work book, the details of the seals and the presence of all the necessary signatures, so as not to encounter problems in the future.
How to properly certify a record
The rules stipulate that the employee signs after the entry is made.
Traditional design scheme:
- The HR specialist indicates his position.
- signs.
- does the decoding. For example, he writes: Ivanov A.L.
There is one important point here.
The rules prohibit abbreviations on the form. It turns out that putting initials instead of the full name and patronymic is incorrect. Therefore, there is a second assurance option. Sample: Ivanov Alexey Leonidovich. Another question arises: to indicate the position of a specialist or not. When the official receives the document on the last working day, the position is indicated. If a person has already quit and takes the form, then the position is not written.
Writing the words “I assure” and “I have become familiar” also makes no sense. The law does not establish an obligation to write additional words for those who sign the work book upon dismissal.
Important! The specialist must sign not only the book, but also the personal card. Personal cards must be kept in paper form; registration using a computer is not allowed.
So, there are several options for how to fill out the documents. You just need to choose the appropriate option and follow the requirements of the Rules and Instructions for filling out the books.
Certification with a seal
Sometimes the question arises, what kind of stamp to put on. The seal of the manager and the personnel department are different concepts. Clause 35 of the Rules establishes the procedure for office work. It is the seal of the manager that is used, not the HR department. The law does not oblige a company to have a seal, so some companies do not have one. If there is no stamp, then the manager’s signature is sufficient to certify the entry. A person authorized to certify work books can also sign.
If there is a seal, then you need to put the print correctly.
7 basic rules for stamping:
- place carefully;
- do not cover adjacent records and paintings of other persons;
- leave document details visible;
- the seal should slightly cover the job title of the person being dismissed;
- leave open the date of termination of the employment relationship when the seal is affixed;
- put the stamp clearly so that the name of the organization is clearly readable;
- You can print the bottom lines.
If the HR officer puts the HR stamp, this will be considered a serious violation.
The procedure for putting a stamp in the work book upon dismissal
Stamping in the work book upon dismissal is an important component of the proper execution of the document, which has certain rules established by current legislation.
An incorrectly affixed stamp is a serious violation, and the personnel employee is responsible for this.
For a dismissed employee, this will mean the loss of legal significance of the record on which the incorrect stamp is placed.
Rules for registering a work book
The purpose of maintaining a work book is to confirm the length of service. This is a personal document that reflects the stages of activity, length of service, and quality of a person’s work. Proper maintenance, execution and storage of personal papers is mandatory for the employer and this is regulated by the law of the Russian Federation.
Typically, the head of the organization assigns such responsibilities to the head of the personnel department, secretariat or office work, writing an order appointing a responsible person in free form. The books must be stored in a place inaccessible to unauthorized persons or third parties - a locked cabinet or safe.
The duration of the document at the enterprise is until the employee’s dismissal.
When filling out a new document, you must comply with the basic requirements:
- write with a ballpoint or gel fountain pen in blue or black colors;
- make entries on the pages of the document only on the basis of the order, entering its number;
- exclude various abbreviations;
- Enter dates in Arabic numerals.
It is important to know! When filling out the title page, you should write your full name, month of birth in words, specialty - in the nominative case. This should be followed by a signature, its decoding and the stamp of the enterprise.
Regulations
Any action related to the employment of an employee is clearly specified in the law. Working with books is regulated by the following regulations:
- Labor Code of the Russian Federation.
- Decree of the Government of the Russian Federation No. 225 “On work books”.
- Resolution of the Ministry of Labor of the Russian Federation No. 69 “On approval of instructions for registration.”
When working with personal documents of employees, the responsible person should be aware that personal data is confidential information. Improper maintenance and storage leads to loss, damage and interferes with the quick search for the necessary data. Therefore, this area of the enterprise’s work must be under special control by the manager.
When applying for a job
In the “Job Information” section, you must indicate the full name of the organization and enter the serial number of the entry. Next, fill in the date of admission, position, department of the enterprise where the specialist is employed. The next column contains the order number. At this stage, a signature and stamp are not required.
Upon dismissal
When dismissing an employee, you should also start recording by indicating the serial number and date of termination. Next, you need to note the grounds and reasons for terminating the employment contract. This mark is made taking into account the wording from the Labor Code, without abbreviating it. Then the details of the order are indicated and certified with the signature of the head and the stamp of the organization.
Seal procedure
A stamp must be placed in the work book upon dismissal of an employee - this is one of the main requirements of the law. If such violations are discovered, the employee may go to court.
In addition, there are certain rules for placing a stamp, and they must be strictly followed.
Stamps in the work book were canceled only for those enterprises whose charter stipulates their absence.
Who bets
The imprint is placed by an employee of the human resources department, who is responsible for maintaining personal documents of employees, or by the head of the organization.
Where is it placed?
The place where the stamp is placed in the work book is also determined by regulatory documents. The imprint should be placed on the left under the dismissal mark, slightly overlapping the list of positions held.
In this case, the stamp should not touch the record itself, but should be nearby, so it will be clear what it refers to.
When stamping a work book, you should pay attention to ensure that the stamp is positioned evenly and does not overlap the signature of the dismissed employee.
Print type
Many people wonder what stamp is put in the work book upon dismissal. To do this, just mark the entry with a round stamp of the organization. This does not require an additional stamp from the HR department.
Possible errors when printing
Sometimes dismissal or termination of a contract occurs in a short time, which can affect the quality of the record. The most common mistakes are:
- incorrect placement of the stamp on the page covering the dismissal record or signature;
- the seal of the HR department instead of the round stamp of the organization;
- employee's illegible handwriting.
If you discover such errors, you need to ask the person in charge to eliminate them. If the work book has a poorly stamped seal, the print is pale and difficult to read, you should refill the stamp, check it on the draft and place an additional one next to the first one.
First steps when detecting a missing seal
If the person in charge has not affixed the stamp, the head of the organization must be notified about this, as this is a serious violation. If a lot of time has passed since the dismissal, then a certificate from the previous place of work will be required.
Attention! A difficulty arises if the company is liquidated. Then you will need to contact the archive and request a copy of the order on termination of labor cooperation.
When is printing not necessary?
A stamp will not be required if the organization legally operates without a stamp. In this case, the record of dismissal is certified only by the signature of the manager or other responsible person.
Any entries in the work book should be treated with the utmost care. Incorrect execution of a personal document leads to the loss of its legal force and to problems during the assignment of a pension. If errors are found, every effort must be made to correct them.
What documents are signed when terminating a contract?
The specialist must sign his autograph not only in the book. You must also sign on other documents.
5 documents where signature is placed:
- personal card;
- book movement of books;
- employment history;
- order.
Therefore, the personnel officer carries out serious work and prepares the listed documents for each case.
Design nuances
Personnel records management is carried out in a standard manner. But situations arise that require a separate solution.
Table with questions on personnel records management
Question | Solution |
An employee whose record book is kept in two languages is resigning. How are records certified in this case? | In this case, it is also necessary to write about the dismissal in two languages. Certification is required for both texts. |
The employee went on vacation and was subsequently fired. Now he refuses to come to the office and pick up the book. Is it possible to send a document by mail? | A document can be sent by mail only in one case: the specialist has given his consent to this. If there is no agreement, you must send a written notice with a request to pick up the document yourself. |
Is it necessary to write “acquainted” when certifying a dismissal record? | The law does not establish an obligation to write “acquainted”, so this is not necessary. But if you write “acquainted”, it won’t be a big mistake. |
A businessman opened an individual entrepreneur and hired many employees. Should an entrepreneur independently maintain employee records? | The entrepreneur must maintain the forms himself. You can also assign a responsible person. An order is issued to transfer powers to the personnel officer, secretary or accountant. The procedure is established by paragraph 45 of the Rules. |
Resolution of controversial situations
If everything goes well, the employee will have no problem signing his autograph upon dismissal. A completely different situation is when a person leaves with a scandal and refuses to certify the document. The employer needs to protect itself from blackmail and resolve the issue: whether the employee must sign the work book upon dismissal. The guidelines for action are enshrined in Article 193 of the Labor Code. The act must be signed by two, or even better, three employees, preferably not related to the job responsibilities of the dismissed specialist.
The act must be completed or you will have to pay fines. Failure to provide an autograph from a fired employee is a serious violation.
Labor law requirements must be strictly observed to avoid sanctions. The punishment is established by Article 5.27 of the Code of Administrative Offences. The violator pays fines. The manager risks receiving a fine of up to five thousand rubles. The company is subject to a penalty of thirty to fifty thousand rubles. Fines increase if repeated violations are discovered.
Signature Requirements
According to the Unified System of Organizational and Administrative Documents of 2003, the word “signature” means:
- the name of the position of the person who made a note about the dismissal of the person;
- personal signature of this person (manager, secretary, personnel officer);
- FULL NAME. - decryption of the signature, the presence of which is mandatory.
The signature must be made with the same pen that was used to make the mark. It must be legible and understandable. It is unacceptable for responsibilities to be assigned to one person while another person actually does the work.
So, if the enterprise has established that the mark is made by the manager, this responsibility cannot be conditionally assigned to the personnel officer or secretary.
The chief accountant also has the right to sign the work book if he is assigned such a duty.
Errors during registration
Violations in personnel work are often allowed. There are both minor shortcomings and major violations for which fines are provided. 7 examples of errors when making records
- The employee's initials are not indicated.
For example, they write: Kuznetsov instead of A.K. Kuznetsov.
- Extra entries are added.
For example, a personnel officer confirms an already known fact with the words: “I have read the recording.” A simple signature is enough. The employee's autograph is proof.
- The signature is not decipherable at all.
This is indeed a problem. After all, some people have such an incomprehensible painting that it is difficult to say who it belongs to. Therefore, decryption is required.
- The HR service stamp is affixed. The HR service stamp cannot be affixed; the document is certified only by the signature of the manager.
- They put a stamp on it in a sweeping manner.
The seal must be used carefully. Signatures and order details must be read.
- The secretary fills out personnel documents, but there is no order on the transfer of authority.
An order is definitely needed. If there is no order, then the documents must be filled out by the manager or private entrepreneur.
- They forget to indicate the position of the specialist.
It is necessary to indicate the position, since the document is submitted on the last working day. This means that the specialist is still performing his duties, and the position must be indicated.
Summary
- The books must be kept by the head of the company.
- Powers can be delegated to a secretary or personnel officer. To do this you need to issue an order.
- There is no need to write extra words next to the employee’s signature on the work report. A specialist's painting is enough.
- If the job title is long, you can replace it with the word employee.
- The rules must be strictly followed, otherwise you will have to pay fines.
- The specialist signs after the personnel officer. You cannot skip columns.
- The employee must sign his autograph not only in the work book, but also in other documents. The signature certifies the personal card, the labor book and the order.
Basic information
Any termination of the employment relationship between an employee and the head of the enterprise is based on the created dismissal order. After signing this document, the HR employee makes a corresponding entry in the work book of the dismissed employee. It must contain certain information:
- Reason for dismissal (usually stated in an article of the Labor Code).
- Date of termination of the employment relationship.
- Order number.
This information must be supported by a signature and seal. With the last attribute, everything is very clear - an employee of the personnel service or the head of the institution puts the official seal. The only requirement is that the print must be clear . But there may be some difficulties with the signature.