New work book: duplicate or full-fledged document?

In accordance with the norms of current labor legislation, each employee who gets a job is required to provide a work book, among other documentation. It is in it that records are made about the employee’s work experience, his position, and awards. This document is a guarantee of official employment. However, there is a legal way of official employment without obtaining a work book, which is often used if necessary. This option is to conclude a civil law agreement between the parties. Relations within the framework of such an agreement do not relate to labor, and therefore registration of an employment contract is not required. Let us consider the organization of this process in more detail.

Why is a work book needed?

The obligation for an employee to provide a work book upon hiring is stipulated in Article 65 of the Labor Code of the Russian Federation.

In Art. 66 of the Labor Code of the Russian Federation states that such a work book is the main document for employment and contains information about work experience.

The employer keeps books for each employee who has worked for more than 5 working days, if this work activity is the main one.

The following entries are made in the work book:

• about the employee himself (personal data);
• about the work being performed;
• about the position;
• about translations;
• about dismissal;
• the grounds for termination of agreements are indicated;
• information about awards, successes, thanks;
• information about disciplinary action in the form of dismissal.

New work book: duplicate or full-fledged document?

After registering a citizen as an insured person, periods of work and (or) other activities are confirmed by documents on making the relevant mandatory payments, issued in the prescribed manner by the territorial body of the Pension Fund of the Russian Federation on the basis of individual (personalized) accounting information (clause 34 of the Calculation Rules). Thus, the information contained in the Extract from the individual personal account of the insured person (Form N SZI-5 approved by Resolution N 192p) is of primary importance for establishing the length of service after registration of a citizen as an insured person (the date of registration with the Pension Fund of the Russian Federation will be indicated in the extract) and may form the basis for the design of a duplicate.

Situations in which work without a work book is allowed

The obligation to make an entry in the employment record arises only when the employee has worked for the company for more than 5 days.

There are two possible ways to formalize relations between the parties, in which there is no need to use a work book.

Other options are not provided and are a violation of the law. If a situation arises when an employee gets a job in a company (or individual entrepreneur), he is not required to have a work book, we can safely say that a GPC agreement will be concluded. This type of documentation has a number of features compared to a regular employment contract.

What does the employer do if the employee does not provide a work book?

Possible actions of the employer if the employee fails to provide a work book are reflected in the table below.

Where can I get a book if I haven’t worked?

According to paragraph 8 of the Rules, approved. 225 of the Government Decree, the registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of hiring. In particular, a person who has lost his work book, according to paragraph 31, paragraph 225 of the resolution, is obliged to immediately notify the employer at his last place of work.

The employer issues the employee a duplicate work book (with all records of length of service and incentives) no later than 15 days from the date the employee submits the application.

Employment with an insurance certificate, but without a work permit

Employment begins with the fact that the employee must bring with him a certain package of documents for registration. The list of documents is given in Article 65 of the Labor Code (LC RF).

It includes:

• passport and work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;
• insurance certificate of compulsory pension insurance;
• military ID (or registration certificate);
• documents on education, qualifications, certificates.

If the position requires certain training, skills or condition, then the employee provides a full package of documents, and if at a minimum, then presents a passport and insurance certificate.

The law prohibits requiring documents other than those listed above from a person applying for a job, but nowhere is there a prohibition on asking an employee to provide additional information or documents.

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

The application is addressed to the employer and signed by the employee himself, indicating the date. For example, it might look like this:

"Statement. Due to the fact that I have lost my work book, I ask, in accordance with paragraph 5 of Article 65. Labor Code of the Russian Federation, give me a new one. Number. Signature."

How is a work book restored in case of loss?

In Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, a citizen who has lost his work book must report this fact to his employer at his last place of work. In such a situation, a duplicate (copy) is issued within 15 days from the date the employee submits the application.

The duplicate contains the following information:

• about the general and continuous work experience of the employee until he started working for this employer. It is necessary to confirm the data from the archive with a certificate;
• data on work and awards at the last place of employment.

Important! Work experience is indicated in total in the form of the total number of years, months, days of work without specifying a specific employer, periods of work and positions.

Exceptions to the rules: when else can you hire an employee without a work permit?

The provisions of the law allow another option, when an employer can hire a person without a work book who is not an exception to the rules of Art. 65 Labor Code of the Russian Federation. This is possible if the employee has lost or lost the document due to some insurmountable circumstances.

As a rule, in such cases, the employee is obliged to immediately report the loss (theft or loss) of the book to his previous employer, who must issue a duplicate of it within 15 days (clause 31 of the Rules for maintaining work books). When filling out the form, it is mandatory to enter o on its title page (we talked in more detail about preparing a duplicate work document here).

But according to Art. 65 of the Labor Code, an employee can also contact his new employer with an application to issue a new labor document in connection with its loss, damage, etc. For such situations, a special procedure has been established for issuing a new work book for an employee:

This is important to know: How to fill out an electronic work book: sample 2020

• Simultaneously with the application for employment, the applicant must write a separate application for a new work book form to be issued to him. The reason for issuing the form is indicated (loss, theft, etc.);
• Based on the application of the new employee, the employer is obliged to draw up a new work book accordingly, and notify the employee of this under signature (a mark is placed on the employee’s application, the application is filed in his personal file);
• The form of a new work book is provided by the employer, with subsequent deduction of its value from the employee’s salary.

The new employer is not required to enter information about the employee’s work activity for the period preceding the issuance of a new record book into the form, although this is not prohibited by law. If there are supporting documents about previous places of work, this information can be entered into the new work record.

A new work book issued in compliance with all established requirements has the same legal force as the original lost by the employee.

Features of a part-time contract

If an employment contract is drawn up with reference to part-time work, then this option frees the employer to make an entry in the work book.

The part-time contract option can be used when both parties are satisfied with the situation of the absence of standard documentation.

Sometimes an employee does not want to make the appropriate entry due to the fact that he does not want to spoil the work book with an unnecessary position (lower in status).

Important! If an entry is still required, the procedure can be carried out at the request and initiative of the employee, for which a certificate from the main place of work will be needed.

An employment contract is a guarantee that the employer will fulfill its obligations: payment of wages, provision of sick leave, vacations, and benefits.

When working part-time, seniority is accrued, since the employer is required to pay contributions to the funds.

What to do if the entry is not made

What to do if the required entry was not registered in a timely manner? We need to bring it in. To do this, simply fill in the missing entry. It is entered after the last entries, if any. This information is indicated:

• Serial number.
• Date of.
• Basic information.
• Order number and date of issue.

The record contains current information about hiring and dismissal. What to do if a missing entry is discovered after the employee has started a new job? You must contact the HR department of the employer who did not enter the information. If the previous employer went into liquidation, the missing entry can be made in the personnel department of the new employer.

The procedure for action in case of errors is specified in section 3 of Rules No. 225. However, these are general recommendations. The procedure for working in the absence of a record is not established by the Rules. Therefore, in this case, you should be guided by the standard procedure for correcting errors.

Paragraph 27 of Rule No. 225 states that errors in the book must be corrected by the former employer. But sometimes this is not possible. In this case, the corrected entry can be made by the new employer. But this is done on the basis of documents from the previous place of work.

Paragraph 29 of Rules No. 225 states that entries in the book are made on the basis of documents such as an employment contract, an order from the manager on hiring/dismissal. The entries in the work book and the data in the papers must correspond to each other.

Work under a contract for an individual: features

In such a situation, the employer is an ordinary individual who is not an individual entrepreneur. However, such a citizen has the right to hire a worker, for example, to help with his personal household. The peculiarity of labor activity is that the employee’s labor activity is not related to the individual’s extraction of commercial profit, and the results of labor obtained are used for personal purposes (for example, vegetables from the garden).

Such an employer does not have the right to make entries in the employee’s work book. The guarantee of labor relations is a civil law agreement (CLA). It is concluded in writing according to established rules.

Important! Such an employer must inform the authorities at the place of registration that he has hired or fired an employee.

Features of the relationship under the GPC agreement:

• the contract can be fixed-term or indefinite;
• the terms of the contract must not contradict existing legislation;
• the employer must pay contributions to the Pension Fund and Social Insurance Fund for his employee;
• When hiring an employee for the first time, the employer is responsible for registering SNILS.

The main differences between an employment contract and a GPC document are presented in the table below.

Important! In some cases, during legal proceedings, the GPA may be recognized as a labor agreement if there are signs of a labor option for formalizing the relationship. Sometimes employers try to replace these two concepts, since the employer’s obligations under the GPA are much easier and smaller.

How are tax deductions presented?

The deduction is given only for one place of duty. For part-time workers, the deduction is given at the main place of work. The second employer needs to be informed that the other company has already submitted the deduction. It makes no sense to try to get a deduction in two organizations. Tax inspectors can hold violators accountable under Article 122 of the Tax Code. A fine of twenty percent of the tax amount is collected.

You need to tell the director whether the work is primary or secondary. After all, a company will face problems if it pays taxes incorrectly.

A similar rule applies to other social benefits. Only one employer must pay for educational leave and child care time.

For part-time workers, documents are filled out at their main place of duty. Information about additional work is written on the basis of certificates. Therefore, a person cannot have two forms at once. If the document is lost, you need to apply for a duplicate.

What are the disadvantages of working without a work book?

The main disadvantages of working without making entries in the work book:

• no vacation with pay;
• Contributions are transferred only to the Compulsory Medical Insurance Fund and the Pension Fund, but not to the Social Insurance Fund;
• The GPC agreement, as a rule, has an exact validity period. However, it can be terminated earlier than the established period, and the employer himself should not notify the employee 2 months before this moment;
• there are no bonuses or other additional payments under the contract;
• sick leave is not paid;
• if an employee goes on leave for employment and labor regulations, then no benefits will be accrued or paid. You will need to contact the social security authorities separately;
• if you are injured at work, no payments will be made;
• If work is completed late or with poor results, a fine may be imposed.

The main advantages of working without a work book:

• lack of a regular work schedule;
• the ability to choose convenient working hours;
• there is no need to follow orders from superiors;
• The contract is mainly designed for the volume of work performed.

How to hire an employee without a work book?

The employer's actions may be as follows:

• justified refusal to hire;
• you can request a copy from your main place of work when applying for a part-time job;
• You can draw up a report on the absence of a work book, then, at the request of the employee, issue a new one, subject to compliance with the law.

Example No. 1. Initial data:

• employee Avakumov A.A. gets a job at Avanta LLC;
• he cannot provide a work book because he lost it when moving 2 years ago;
• 2 years Avakumov A.A. didn't work anywhere.

Solution:

• upon hiring, the employer draws up a report on the absence of a work book;
• a new work book is issued at the request of the employee.

What to do with deductions if you have two employees?

An employee, when joining an organization, must inform the employer about the availability of a work book in two copies. At the legislative level, an employee cannot be denied employment. However, the employer will wonder why length of service is not taken into account in one work report, even if there is a second job. In this case, the employer will ask the employee to decide on the main place of work in order not to violate the implementation of the articles of the Tax Code of the Russian Federation. After all, an employee can only claim tax deductions at one place of work.

The worker is required to choose his main place of work and submit a statement to another organization that the deductions have already been received. You should not claim tax deductions at both jobs. If tax officials find out about this fact, the violator will pay a fine under Article 122 of the Tax Code of the Russian Federation.

The question is also important for the employer. Therefore, the boss must be aware of whether the employee works in the organization at his main place of work or combines this work with another. After all, if, during an annual audit, tax officials discover inconsistencies, the employer will also have to pay fines and penalties in accordance with Art. 123 Tax Code of the Russian Federation. For a hired worker, this situation is fraught with dismissal.

Thus, owners of two work books do not need to claim tax deductions for several places of work at once. This also applies to other guarantees from the main place of work. When an employee takes leave during a study session, only one employer needs to demand payment for it. In the second organization you need to apply for free leave.

Employer's liability for violation of rules

The imposition of sanctions is provided for in Art. 5.27 Code of Administrative Offences, Article 15.11 Code of Administrative Offenses of the Russian Federation.

Art. 235 of the Criminal Code of the Russian Federation comes into force in the following situations:

• kidnapping;
• destruction;
• damage;
• hiding the work record.

The main sanctions under Art. 235 of the Criminal Code of the Russian Federation:

• fine up to 200 rubles;
• compulsory work up to 360 hours;
• correctional labor for up to a year;
• arrest up to 3 months.

Responsibility of the manager when hiring without a work book

For violation of the requirements of Article 65 of the Labor Code of the Russian Federation and the provisions of the “Rules for maintaining and storing work books”, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003, the manager bears personal responsibility, the limits of which are established by Article 5.27 of the Code of Administrative Offenses of the Russian Federation, namely:

• an official or an individual entrepreneur may be fined 1000 - 5000 rubles,
• the organization will incur penalties in the amount of 30,000 - 50,000 rubles.

In case of repeated violation, the sanctions will increase:

• the fine for officials and individual entrepreneurs will increase to 10,000 - 20,000 rubles, officials may face disqualification from 1 to 3 years,

the company will be fined 50,000 - 70,000 rubles.

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The work book is the main document of the employee, which contains information about the length of service, companies in which the citizen worked, positions, awards, and so on. When registering an employee, an appropriate agreement is concluded regulating the legal relationship that has arisen between the employee and the employer. Despite the mandatory maintenance of these documents, existing legislation provides for some exceptions. The main thing is the ability to perform work not under an employment contract, but under a civil law contract. But there are also cases when you can conclude an employment contract without recording it in the book.

Changes in legislation since 2020

07/08/2020 The Government of the Russian Federation introduced draft law No. 748684-7, which specifies the replacement of paper versions of work books with electronic ones. The law will come into force on January 1, 2020. Until 01/01/2021, it is planned to organize technical aspects for the implementation of events.

Instead of a paper version, the new document will be called “Information on Labor Activities.” Records will be personalized for each employee. All issues will be dealt with by the Pension Fund of the Russian Federation.

All records will be made electronically, and at the time of dismissal, the employee will be given an extract about his professional employment.

The employee will have the opportunity to control this information through the following bodies:

• HR department of the company;
• Pension Fund of the Russian Federation;
• MFC;
• State Services portal.

FAQ

Question No. 1. Is it possible to get a job in a company without a work book if you sign a contract?

Answer: If an employment contract is concluded, then you cannot get a job without a work book. When concluding a contract, such employment is possible.

Question No. 2. If an employee is on parental leave, but wants to get a part-time job. Is a work book required?

Answer: Since the type of employment relationship involves part-time work, registration without an employment relationship is possible. But full-time work is out of the question.

Benefits and experience

Holders of work books in original copies are often concerned with the question of how the insurance period is calculated and benefits are calculated. The insurance period consists of the following periods of work:

• civil service
• municipal service
• under an employment contract
• other activities during which the employee was insured

Confirmation for calculating the length of service and the amount of benefits in accordance with the law is the work book. Consequently, in order to register and receive cash payments, the employee must indicate only one main place of work. Benefits received in connection with pregnancy and the postpartum period, or illness, are accrued according to one of the work books. If an employee wants to receive these payments for two places of work, he can be accused of fraud.

Thus, there is no prohibition in the legislation of the Russian Federation for an employee to have several work books. However, it is worth understanding that the presence of books in two copies contributes to problems when contacting tax and pension authorities.

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Most common mistakes

Error No. 1. For an unfounded conclusion of a GPA, instead of a labor option, administrative liability is provided in the form of a fine: for an official - from 10 to 20 tr., for an individual entrepreneur - from 5 to 10 tr., for an organization - from 50 to 100 t. .R.

Let's summarize. Drawing up a rental agreement without a work book is possible only in two cases: the agreement is of a civil law nature, and part-time employment. If these options are not suitable, and there is no book, then at the request of the employee, a duplicate can be issued with registration in accordance with the requirements of the law.

Registration of a pension if you have two work books

Owners of work books in duplicate, when submitting documents to the Pension Fund, tried to submit both books with a package of documents in order to increase the total length of service. However, pension fund employees do not accept multiple work records. Only one copy can be provided to the Pension Fund.

In the near future, they plan to abolish the requirement for workers to have a work book. With the introduction of personalized accounting in pension insurance, the meaning of the book as a storage device for recording work experience was lost. Individual records for each employee in the pension fund include all information about the length of service of the future pensioner. In addition, after the pension reform, the amount of the pension is also affected by contributions to an individual PF account.

Therefore, people with several work books need to keep in mind that they can only attach one “profitable” book to their pension application.