Invalidation of an entry
There is no sample or special cancellation form for correcting an incorrect entry in the work book; all cases are unique in their kind. The entire process is guided by general rules.
1. Adjustments can be made in the organization where the error was made, or at a new place of work on the basis of a document confirming the error. 2. Newly entered information must strictly correspond to the data in the document on the basis of which the changes were recorded. 3. Statements of witnesses are not grounds for making an annulment entry. 4. In no case is it allowed to cross out an entry; any changes are made only after it has been declared invalid.
https://youtu.be/PGqa0GoL_UE
What does the law say about canceling an entry in a work book?
The following are devoted to resolving the issue of incorrect entries in work books:
- section three of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225;
- section one Instructions for filling out work books, approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69.
First of all, it is necessary to understand that it is impossible to simply cross out or cancel an entry in the work book about work, transfer, award or dismissal. There is only one legal way to cancel it - invalidation by making an appropriate entry about it.
How to cancel a notice of dismissal
There are situations when an employee wrote a letter of resignation, but before two weeks had passed, he changed his mind and wished to remain at his previous place of work. In this case, management is obliged to renew the person to the position; an exception may be a situation where a person has already been found for this vacancy and transferred from his previous place of work. Although the notice of dismissal is made the day before the expiration of the two-week period, this is not a barrier for the employee to change his mind, in which case the entry made in the employment record of the dismissal must be cancelled. To cancel a job, you must do the following:
1. First, it is necessary to invalidate the dismissal order; this occurs by issuing a new decree canceling the previous one. 2. The person subject to dismissal must write a statement with a request to cancel the dismissal, then the employer writes on the resignation letter that it has been canceled due to the receipt of a request for its cancellation. 3. An entry is made in the work book about the invalidity of the dismissal on the basis of an order to cancel the dismissal order.
How to make changes after leaving
It is necessary to make changes to the work book based on a special procedure approved by Government Decree No. 225 of April 16, 2003. Clause 30 of the specified regulatory document contains information that it is not allowed to cross out the data indicated in the section on work.
Corrections here can only be made by invalidating the entry.
There is another document regulating the procedure for making changes - this is special instruction No. 69 dated October 10, 2003 on maintaining work books.
It contains information that if an error is made in the section on work activity, the personnel specialist makes an entry in the next line that the previous entry should be considered invalid. Below is the current information.
The procedure for making changes to the dismissal record:
- The first column contains the serial number following the number of the last entry made.
- The second column contains the date the corrections were made.
- The third column displays the phrase: “Record No. from such and such a date is considered invalid.”
- The last column reflects the details of the document on the basis of which changes are made.
- The next line contains the correct data in order. The third and fourth columns are filled in here. That is, to enter current data, you do not need to enter a serial number and date.
- The final step is to put the company’s round seal on the record.
Important! If there is no space in the work book for making entries, then a special insert is sewn in.
Its registration is carried out on the basis of the fifth section of Resolution No. 225.
All entries in work books are made by the person responsible for their maintenance and storage.
This could be a HR specialist or the manager himself. The director may also, by order, appoint an authorized person at his discretion.
Example of canceling incorrect data
An example of making corrections to a dismissal record:
How can I change an erroneous date?
An incorrect date of dismissal can be corrected by both the previous employer and the current one.
The principles for making corrections are identical to the above procedure.
Only if changes are made by a new employer, then the employee needs to provide him with a certified copy of the order of dismissal from his previous place of work.
Also, an employed citizen will have to write a statement requesting changes addressed to the new manager.
The procedure for correcting an erroneous dismissal date is as follows:
- The employee turns to the employer who made a mistake in the work book with an application to issue a copy of the order.
- Within three days after receiving the application, the employer provides the former employee with a copy of the document certified by the manager.
- The employee must contact his current employer with the order. To do this, you need to write an application requesting changes to the work book.
- The personnel specialist, based on the procedure for corrections approved by law, changes the erroneous date to the correct one.
All changes are made strictly with instructions for filling out work books.
Violations may result in liability for the employer or the official himself.
Cancellation Policy
The main reasons for cancellation, that is, cancellation of the dismissal entry in the work book:
- On the day of payment, the person changed his mind about quitting. According to the law, an employee has the right to withdraw a resignation letter at his own request until twelve o’clock at night on the last working day. This will not be a violation of the law. The employer will be required to carry out the cancellation procedure and return him to work. The exception is if the employer has already hired another employee to fill the vacant position.
- Reinstatement of the employee to his previous place of work. For example, an employee defended his rights through the judiciary, and the judge decided to restore him to his previous place. In such circumstances, the employer is obliged to cancel the dismissal order and make an appropriate entry about the cancellation in the work book. Since it is impossible to simply cross out a line and tear up an order, a new order is issued to cancel the previous document, and the fact of invalidity of the dismissal record and its cancellation is recorded in the work book.
Important!
Cancellation of a dismissal entry in a work book is permitted by law. The main thing is to change the data correctly in accordance with the instructions.
There are special rules for canceling a dismissal record.
You can’t just cross out the information you entered or cover it up with a proofreader.
The procedure for a HR specialist to perform a cancellation is identical to the standard one:
- After the last entry, the next serial number is entered.
- The next column indicates the date of correction.
- The main column necessarily contains information requiring that the previous entry be considered invalid, and also contains current information.
- The last article displays the details of the order on the basis of which the adjustments were made.
An example of canceling an employee dismissal record:
Important! Crossing out in the section on the work of the work book is unacceptable.
The procedure for making such an entry in the work book
To make an entry about the invalidity of the previous book in the currently valid one, it is necessary to adhere to the general rules, on their basis the following information is entered:
• in the first column you should enter a sequential number; • in the second column you must enter the date when the entry was made; • in the third column, make a note of the following nature: “Record No. ... invalidated”; • in the fourth column, enter on the basis of which act the cancellation is carried out, only its number is indicated; • below the next number, make a record of the employee’s reinstatement to his previous position.
Employer's liability
When considering the employer’s responsibility for making an incorrect entry about the date of dismissal, it should be emphasized that the correction in question in the work book does not indicate a cancellation of the dismissal or a change in its date, but only the elimination of an inaccuracy.
However, in practice, situations are possible when making an incorrect entry in the work book may result in the employee being unable to work. In this case, the employer, in addition to eliminating the incorrect entry, will be obliged to pay the injured citizen the earnings he did not receive (Article 234 of the Labor Code of the Russian Federation).
Correction of errors in the “About awards” section
Errors in this section are corrected according to general rules. The entry is also considered invalid; crossing out an incorrect entry is not permitted. Often, personnel officers do not bother filling out and enclosing the inserts and make a record of the work in the awards section. Despite the similar number of columns in this section, the information is subject to cancellation.
In this case, we can write, in general, that entries under such and such numbers are considered invalid due to the fact that they were made erroneously. And all information about the work is transferred to the inserts.
Correction of other information
If an error occurs when registering a new book, it is destroyed (at the same time a specific act is drawn up) and another copy is issued. But in a situation where it contains other information, the document cannot be destroyed, but the error simply needs to be corrected. For example, on the title page you need to change the employee’s last name or date of birth.
The personnel officer asks to provide the relevant documents and, indicating their numbers and date of issue, makes corrections. An invalid entry is crossed out with a continuous line. If even one number is written incorrectly, the entire number is crossed out and new information is entered. Confirming data from the documents is indicated on the cover inside, where the signature of the responsible employee and the stamp of the enterprise are also affixed.
If errors were made at the time of opening the employment document and were discovered only after the book was completely filled out, and the person managed to change his place of work, then they cannot be corrected. In this situation, it is necessary to contact the judicial authorities, which recognize the authenticity of the document. As for the section “About awards”, changes are recorded in the same order as in previous cases.
If the free pages in the “Work Information” section are over and the HR employee writes them into the “About Awards” section, such an action must be declared invalid and the necessary information about the work must be entered into the insert.
https://youtu.be/peHu1u5Tgds
Responsibility for violations of labor rules
An employee of the personnel department must take his duties responsibly. Any violations and non-compliance with the rules for maintaining documents, including work books, may be classified by the labor inspectorate as an administrative offense. In a situation where the cancellation record is entered incorrectly, a fine will be imposed, its amount will be:
• for an official, that is, for an employee of the personnel department, from 1 to 5 thousand rubles; • for an individual entrepreneur also from 1 to 5 thousand; • if a legal entity, that is, an organization, is found guilty, the amount will be from 30 to 50 thousand.
Invalidation of marks
The labor legislation clearly states how to cancel an entry in the work book if it was made by mistake. All corrections are made on the basis of two legislative acts: “Rules for maintaining and storing work books” (Resolution of the Government of the Russian Federation No. 225 of April 16, 2003) and “Instructions for filling out work books” (Resolution of the Ministry of Labor No. 69 of October 10, 2003). The point is that an incorrect entry can be undone. According to these documents, simply crossing out what is written incorrectly is not allowed.
If you follow the law, then first it must be declared invalid by making the necessary entries about it. Each case of correction requires individual consideration. There is a certain set of rules that should be followed when adjusting the pages of a labor document:
- Corrections are allowed to be made both at the place of work where the mistake was made, and by the new employer if there is a special document from the organization that made the mistake.
- The newly entered information must correspond to the document that indicated these corrections.
- Witness testimony is not a reason to make corrections or changes.
- It is not allowed to cross out or cover up incorrect entries. They can be changed by invalidation and then executed correctly.
https://youtu.be/a6k1VCelULI
Cancellation may occur if incorrect information is entered, if it is necessary to set a different date or change information about the order, as well as if an error is discovered after dismissal. The HR employee who discovers an error must do the following:
- Notify the head of the organization and receive an order for correction.
- Make changes, for example: “Record No. 21 is invalid. Hired as a salesperson on July 11, 2013.”
- If, when filling out the information, you made a mistake in the date of birth, then the incorrect number is crossed out directly on the title page and the correct one is put in. Here you need to provide your passport details as proof.
If the error is noticed after a few years, then changes must also be made. Making changes is the responsibility of the HR employee of the company where the incorrect information was entered.
Grounds for cancellation of entry
In accordance with the laws governing labor relations, if an employee decides to terminate relations with a given employer and writes a statement about this, then within two weeks he may well change his mind and withdraw his statement back . The basis for this is Article 80 of the Labor Code of the Russian Federation.
If the application is withdrawn by the employee, then they do not have the right to dismiss him, unless during this time a new employee (invited from the previous place of work in writing) who has already been transferred from another place of work (Article 64 of the Labor Code) has come to replace him .
Since an employee may still change his mind after filing an application for termination of employment, all dismissal documents are usually prepared at the last minute. But it is still possible that the employee decides to stay at his old job exactly the day before the two-week period expires.
Regulatory legal documents regulating, in addition to the Labor Code, the issues of canceling erroneously entered information, are represented by the relevant Decrees of the Government of the Russian Federation on maintaining labor books .
