Stamp in the work book upon dismissal in 2021

20.07.2019
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3 min.

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.

When is a seal required in a work book?

All entries made in the labor record do not need to be certified with a seal; the law does not require this. However, in some cases it is required.

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

In addition to the above, a seal will be required if there was an omission in the records. For example, an employee was transferred within the organization, but no entry was made in the book.

After an application from the employee, such an entry can be added to the book. It is entered after the dismissal of the employee and the corresponding entry.

Such a record must be certified by a seal (

Regulations

Although the legislation of the Russian Federation is trying to regulate the issue of stamping work books, this is still not being done to the extent that we would like.

The Labor Code of the Russian Federation includes only clauses that contain the need to affix a seal to work books.

The issue of stamping is regulated to a greater extent by:

Rules for accounting and storage of labor books, approved by Resolution No. 225.
Instructions for filling them out, approved by Resolution of the Ministry of Labor No. 69 of October 2003.

Documents can be downloaded here:

Where is the labor document stamped?

To begin with, we note that the work book can be stamped by both the organization and the personnel department. However, you need to take into account the fact that the signature of a personnel specialist cannot be certified with the company’s seal; it can only be certified with a personnel stamp.

The seal also needs to be placed in a certain way in the book. In the event of violations, doubts may arise about the reliability of the certified information. In this case, the employee will need to provide additional confirmation, for example, an employment contract, orders.

The title page (first page) has a special place for printing, so there should not be any difficulties. It is located at the bottom left. It is better that the imprint goes over the signature. When changes are made to this page, the seal is placed on the inside cover.

When putting a seal on the dismissal record, you should capture part of the signature of the certifier, as well as part of the name of his position. In addition, the employee’s signature must be visible.

For whom is it cancelled?

Only those organizations whose charter does not provide for the need to affix a seal have the right not to affix a seal.

For your information:

By Order of the Ministry of Labor of Russia dated October 31, 2016 N 588n, changes were made to the Rules for accounting and filling out work books.

From now on, employers - LLCs and OJSCs - are not required to put stamps in work books.

It does not matter whether the company has a seal or not. If the company has it, then to avoid the need for delivery in the document, it is enough to refuse this by changing the Charter.

It is important to remember: if the company does not have a seal, in accordance with Order of the Ministry of Labor of Russia dated October 31, 2016 N 589n, all entries in the work book must be certified by the signature of the employer or by an employee of the HR department. Moreover, the exception is the cases from paragraph 36 of the Rules.

How are changes made to the vacation schedule? Read about it here.

What should the seal be like?

For workers, the official seal of the organization is not necessary. You can use a special stamp for the personnel service. But quite often the use of such a stamp leads to questions from the Pension Fund or other companies.

There are not many requirements for the seal itself: the print must be readable and contain the full name of the company, and the name must match what was indicated upon acceptance. If the seal is difficult to read, then placing a second one next to it is not prohibited. There is no need to cross it out.

If the details of the company upon hiring do not match the details of the seal upon dismissal, this indicates that a reorganization of the company has occurred, and an entry in the book was not made or a different seal was mistakenly affixed.

The work book is the official main document confirming the professional experience and work activity of the employee. The document contains strict filling rules established by the legislation of the Russian Federation. The correct, correct affixing of a stamp in the work book upon dismissal plays a significant role and has certain specifics.

1 Do I need to bet?
2 Rules and procedure for making a print 2.1 What should it be?
2.2 When and where is it installed?

3 Sample

4 Common errors and measures to eliminate them

5 What to do if there is no stamp in the labor document?

Kinds

For existing organizations, several options for seals are provided, which will be classified according to the nature and purpose of such prints. The meaning of the division is that not every type of seal may be suitable for concluding a transaction, certifying documents, and so on.

For work books, you must use a standard round seal, which contains information about the organization, details and the name of the manager. The print must be blue or purple.

In order not to make mistakes when choosing a seal, you need to have an idea of the following possible types:

standard round, used for most documents (contracts, work books, receipts, reconciliation reports, etc.) and reflecting the name of the organization, the name of the director, basic details;
official seal used for issuing powers of attorney and other documents subject to registration and certification;
document printing used for constant document flow, confirmation of copies, and so on.

A square or rectangular “Copy is True” stamp, which does not contain information about the organization, can be purchased separately.

Most organizations have all of these options. A standard round seal is required if the activity is carried out by a legal entity. Individual entrepreneurs are given greater freedom when resolving the issue of choosing and designing seals.

Should I bet?

An entry in the work book about the dismissal of an employee, either at his own request or at the initiative of the organization’s management, must be sealed with the seal of the enterprise. The HR specialist needs to prepare a dismissal order and make a corresponding note in the work book of the dismissed employee.

This note will not have legal force unless it is certified by the organization's stamp. This is a mandatory requirement for all employers who have the seal provided for by the Charter of the enterprise.

The main records that are subject to mandatory stamping include:

about dismissal;
about transfer to another position;
about remuneration;
entry on the insert sewn into the work book;
entry on the title page of the work book.

The HR department is responsible for the correct entry of data into employee work books and the correct sealing. If there is no stamp on the above records, especially on the dismissal record, the employee must urgently contact the personnel department.

In order to avoid serious problems when applying for a new job, it is better not to delay such a visit.

Electronic version 2021

The reality of 2021 is electronic work books. They do not require physical media and are sold only in digital format.

All information can be viewed in your personal account on the Pension Fund website or on the State Services portal.

If there is a need to obtain a paper extract from the document, this is possible after receiving a personal request from the worker.

Work books on paper will not disappear immediately; they will be filled out simultaneously with the electronic version. But for citizens who began their working career in 2021, they will be issued exclusively in electronic format.

The transition to a new level is planned to be gradual, in several stages.

Rules and procedure for making an impression

When making an entry about the dismissal of an employee in his work record, you need to know the basic rules for making an imprint. The imprint should be positioned so that it slightly overlaps the title of the position of the employee who signs the entry.

The seal must be placed straight; the print must not be applied sideways or upside down. If the printed impression is illegible and pale, this is not a serious violation.

In this case, there is no need to correct the dismissal record; it is enough to make a new clear imprint next to the old one. The imprint is placed last, after making the appropriate entry, signature of the head of the enterprise and the employee himself.

Each employee who is entrusted with personnel work is required to know the above requirements for making a print. Failure to comply with these requirements entails the loss of the legal significance of the record on which the incorrect imprint is placed.

What should it be like?

Almost every organization has two types of seal:

main, round seal of the company;
HR department seal.

When dismissing an employee, it is necessary to certify the entry with the round seal of the founder. Since the HR department stamp is not the main one, it is better to use it only near the signature of the employee who made the entry. This will be legally correct and certainly will not raise any unnecessary questions or doubts about the authenticity of the mark.

Most organizations, in order to save space, put only the founder’s stamp on the labor record and do not use the personnel stamp when making entries. Since the space in the margins of the work book is limited, applying two imprints can cover important information necessary for the further employment of the employee.

It is enough to certify the entry with one seal of the founder.

When and where is it placed?

The seal should not be applied to the notice of dismissal. Information about dismissal must be clearly visible and not covered by the print. It is advisable to place the seal on the left, under the dismissal mark and partially overlapping the names of the positions held by employees who need to sign the employment document.

After agreeing on the dismissal order, the personnel employee enters the necessary data into the employment record of the dismissed employee and gives it to an authorized person of the enterprise for signature. Next, the employee himself signs under the signature of the authorized person. Only after this, as a last resort, is this record sealed with the stamp of the organization.

Not only HR employees, but also employees in other areas need to learn to understand such an important issue. Such knowledge will be useful and will help to avoid unpleasant consequences in the labor sphere.

FAQ

How to refuse printing?

Initially, you need to understand that all information about the seal is in the company’s Charter. Therefore, it is recommended to begin the procedure for canceling seals by making changes to it.

However, today the entire mechanism for refusing to put a stamp on a work book is still under development. Today, the Rules clearly state that information on the title pages, including information about dismissal, must be certified by a seal (in accordance with paragraph 2.2 of the Rules adopted by Government Resolution No. 69).

For this reason, many experts in this field say that the lack of printing today can still lead to considerable problems.

See the video for more details.

What should I do if the imprint contains incorrect organization details?

You can correct such an error by making an appropriate entry.

Example:

O.I. Buk decided to resign from Diagonal LLC. In the work book, a similar entry is indicated under number 6. An employee of the HR department accidentally stamped the seal of Parallel LLC.

How can I fix this?

The solution is simple:

In the first column, after the information under number 6, you must indicate the serial number 7, and in the second column, indicate the date the information was entered.
In the third column, entry No. 7 is made: “Information under number 6 is considered invalid.”
In this field you will need to enter the correct information, but without indicating the serial number.
Column 4 duplicates the date and number of the issued dismissal order.

Ultimately, the employee’s signature and the seal of the HR department with the corresponding imprint are affixed.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!