Who will sign?
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.
The employment relationship with the employee ends with the issuance of a dismissal order and the entry of this into the work book. The dismissal record itself is quite simple to make, because the Instructions for filling out work books 1 (hereinafter referred to as the Instructions) contain sample wording regarding almost all the most common grounds for termination (termination) of an employment contract.
So, the dismissal record has been made. Now the employee responsible for maintaining work books must “close” and certify all entries made in the work book by this employer. How to do it? The answer to this question can be found in the Rules for maintaining and storing work books, producing work book forms and providing them to employers2 (hereinafter referred to as the Rules). According to clause
10 of the Rules, upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work in this organization are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the organization (personnel service) and the signature of the employee himself.
At first glance, this norm contains extremely clear instructions. Despite this, in practice specialists encounter some difficulties. First of all, the question arises: which of the organization’s officials should sign for the employer in this case? According to clause 45 of the Rules, responsibility for working with the work book (maintenance, storage, accounting, issuance, etc.
) is borne by the employer. But the employer for the employee is a legal entity or an individual entrepreneur (other employers - individuals do not keep work books for their employees). With an individual entrepreneur, everything is clear - he himself can make entries in the work book. What if the employer is a legal entity?
In this case, the manager (that is, the sole executive body) is responsible for everything. He may be called a director, general manager, or even president. This does not change the essence - full responsibility lies with him as a representative of the employer. This means that the manager himself can certify the records upon dismissal.
However, it is rare that a manager personally deals with work books (maybe with the exception of managers of small businesses). Most often, responsibility for maintaining, storing, recording and issuing work books rests with a specially authorized person appointed by order (instruction) of the employer.
This could be a personnel officer, an accountant or a secretary who has been assigned additional responsibilities for maintaining work books as part of personnel records management. Please note that simply mentioning these responsibilities in an employment contract or job description is not enough. Each time when appointing an employee responsible for work records, it is necessary to issue a corresponding order (see Example 1).
Example 1
An individual entrepreneur can also appoint any of his employees responsible for working with work books, as most often happens in practice.
Sometimes it happens that the employee appointed responsible for this work (in our example, this is the secretary) goes on sick leave, and therefore cannot issue a work book for the resigning employee. What to do in this case? It is best if the manager independently issues a work book for the employee. If the manager for some reason does not want or cannot do this, then he should issue an order with the following content (see Example 2).
Example 2
Thus, the block of entries in the work book must be closed with the signature of a specially authorized person. If you are such a person, then you may have a number of other questions regarding the method of registration.
https://youtu.be/nfNtEfkAklQ
Legal standards
The work book is the basic document about the employee’s work activity. It is necessary to calculate the employee’s length of service (both general and insurance, which forms the basis of pension accruals), and also serves as confirmation of the employee’s experience in employment.
The employer can verify the truthfulness of the reason given by the applicant for leaving the previous job, since the work book indicates the grounds for terminating the employment contract.
The procedure for storing and processing work books is based on the following provisions of the law:
- Art. 66 Labor Code.
- “Rules for maintaining and storing work books..”, approved by Government Decree in 2003 No. 225. This document approves the form, sample work book and insert, and also regulates issues of maintenance and storage.
- “Instructions for filling out work books...”, approved by the Ministry of Labor of 2003 No. 69. This document determines the procedure for filling out sections of the work book and the procedure for correcting errors.
The work book belongs to strict reporting forms and contains the employee’s personal information. Therefore, very stringent requirements are imposed on its management and storage. Responsibility for violating the current procedure is provided for by the Code of Administrative Offenses of the Russian Federation.
Over the past 15 years, the rules for maintaining and storing work books have remained unchanged.
Transfer of authority to issue forms
An order is a document that is issued to assign responsibilities to a personnel department employee.
4 main order details:
- publication date;
- number;
- surname, patronymic, name and position of the employee appointed as the person responsible for processing the books;
- the amount of the salary increase.
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. |
Any personnel issue must be resolved in accordance with the norms of the Labor Code, Rules and Instructions.
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.
It's difficult to fully list a job title if it's too long. Then it is better to write ˗ employee instead of indicating the full position. The requirements of the law will be met, because the text written on the form must be certified by the manager and the employee himself.
Drafting sample
In order to improve the work of the company and establish a clear operating procedure, it is important to delineate the areas of responsibility of all employees, without violating labor laws. That is why the head of the organization needs to draw up an order for the appointment of an official. It is worth noting that this document does not have a strictly established form. In this case, it is necessary to comply with all the rules established by law for all primary securities. So, the form must contain:
- Name, actual and legal addresses of the organization;
- Document number and date of its preparation;
- Full name and position of the manager or person authorized to draw up orders;
- The purpose of the order is to appoint an employee to a position;
- Link to the relevant legal norm - to the article of the Labor Code of the Russian Federation;
- The essence of the order is the responsibilities of the future employee;
- Employer's signature;
- Employee signature.
Sample order for appointing someone responsible for maintaining work records.doc
It is especially important to support any employment relationship with appropriate documents. Therefore, immediately after drawing up the order, the hired employee is invited to sign it. This is necessary in order to confirm that he has read this document. If the employee refuses, an appropriate act should be drawn up indicating the subordinate’s unwillingness to familiarize himself with the order. As for the validity period of the order, it lasts throughout the entire period of the employee’s work in this position. A new order should be issued for only one reason - when transferring responsibilities for maintaining, storing and recording labor records to another official.
When must an employee put a personal signature on the work contract?
Domestic legislation provides for several cases when an employee is required to sign the main document about his work activity and professional experience. Among them are the following:
- on the title page of the work book after the person responsible for its maintenance and storage fills out all the basic information about a specific employee (last name, first name, patronymic, day, month and city of birth, records of education received (complete or incomplete), profession, specialty or specialization indicating the level of qualification);
- on the title page after making all the entries reflected in paragraph 1, when issuing a duplicate work book to the employee;
- when issuing an insert for a work book, a signature is also placed on the title page after filling out all the necessary fields (the insert has legal force only in conjunction with the work book);
- after reading all the entries and details entered into the work book, as well as after checking the presence of the signature and seal of the employing organization or an authorized person.
Each new entry made by an employee of the HR department in the work book or in its insert related to a transfer to another unit, appointment to another position, or dismissal of an employee must be accompanied by a notification to the employee. In this case, the person in respect of whom the corresponding changes were made must sign on his personal card stating that he is familiar with this fact.
For example, in the event of dismissal, when handing over a document on employment to an employee in person, the employee signs in the work book, as well as in two other documents, in particular:
- in a personal card;
- in the book of accounting for the movement of work books.
A personal card is a standard document that must be issued for each employee employed in a specific organization. It consists of 11 sections, including general information, information about military registration, hiring and related transfers, certification, completion of advanced training courses, and retraining.
The accounting book is a comprehensive document that records any movement of work books inside and outside the employing organization.
There is one clause in the law, according to which the employee’s signature is not affixed in the case when it is impossible to issue a work book on the day of termination of the legal validity of the employment contract. This may be due to the fact that the employee is absent or refuses to receive it. In this regard, the employer’s representative must send him a corresponding notice, which contains an offer to pick up the work in person or give written consent to send it via postal services.
Example 3
"Signature of the person,
responsible for maintaining work records
____________________________________»
(clear)
According to established practice, the surname is entered there without indicating the initials. However, the reproduction of the surname “legibly” is not a signature in its actual sense.
According to paragraph 3.22 of GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents” the “signature” requisite includes:
- job title of the person who signed the document;
- personal signature;
- decryption of the signature (initials, surname) (see Example 4).
Example 4
"Last name of the person
(clear)
But the form of the work book is approved in this form, and not in another, so novice clerks have to figure out how to enter a “legible signature.”
So, we found out what the “signature” attribute is. In addition to indicating the position, it includes a personal signature in the form of a handwritten stroke and its transcript indicating the surname and initials3.
Of course, the Rules and Instructions do not directly indicate the need to be guided by GOST when working with a work book, and the work book itself, strictly speaking, does not relate to organizational and administrative documentation4. However, it is quite acceptable to be guided by the specified standard, since this does not contradict the general procedure for maintaining and filling out work books and is consistent with established practice.
Persons responsible for maintaining the document
The law obliges every employer to properly organize work with work books. For this purpose, an authorized official is appointed who will be responsible in the organization for maintaining, storing and recording work books. Typically, such powers are delegated to a specific employee from the accounting or human resources department.
Like other personnel appointments, the responsible person is vested with such functionality through the issuance of an order. The order has a free form and is drawn up in writing. This document should contain information such as:
- Full name of the employee who is vested with the authority to store and record work books.
- Order number , according to the internal numbering system.
- Employee's position.
- Order generation date.
- Manager's signature.
The wording of the order is as follows: “Appoint an accountant... as a person who is responsible in the company for accounting, storage, maintenance and issuance of work books...”. A sample order on the person responsible for maintaining work records can be downloaded here.
An official may be held administratively liable for violating the procedure for storing and recording work books.
When must an employee put a personal signature on the work contract?
The filling rules are based on Instruction No. 225, which provides detailed instructions on the rules for making entries. According to them, it is required:
- enter the serial number of the entry being made.
- Indicate the date: day, month, year when the owner of the book was fired.
- Make a record of the termination of work, indicating the reason and with reference to the relevant article of the Labor Code.
- Indicate the reasons for making the entry (order details).
After filling out the form, certify the entered information with a signature and stamp.
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.
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.
The main purposes of signing are as follows:
- affixing a sample signature on the title of the work book so that in the future it will be possible to compare newly completed signatures in information about the work;
- evidence that the employee has read the entered data and confirms its correct content;
- excluding the possibility of liability provided for by law.
Neither the Labor Code nor the legislation regulating the procedure for maintaining and storing work books contain direct regulations regarding the signature of an employee. However, practical workers have accumulated quite a wealth of experience on this issue. In this regard, the employee’s signature must comply with the following recommendations.
- The signature must be neat.
- The signature must be made with a gel, fountain or ballpoint pen in blue, black or purple ink.
- After the employee has signed, it is necessary to decipher it.
- The transcript of the signature must be complete, that is, it is necessary to indicate not only the last name, but also the initials of the employee.
- The work book should contain only a signature and its transcript without additional explanations in the form of “I have read the records,” “I agree,” or “the records made are correct.”
However, there are active discussions regarding the last point, because in accordance with the state standard, the “Signature” attribute includes the following elements:
- job title of the employee who signed;
- personal signature;
- transcript of the signature indicating the surname and initials.
At the same time, the state standard contains a list of documents that are subject to all its requirements. The work book is not included in this list, therefore, in relation to it, the provisions of GOST are advisory in nature and do not require mandatory compliance with all requirements.
Long-term practice shows that the personal signatures of the employee himself and the personnel service employee responsible for maintaining work records must be placed strictly in column 3. In this case, the employee’s signature must be clearly placed under the signature of the personnel officer without missing lines. This fact indicates the inadmissibility of placing the signatures of both employees on the same line.
In addition, the order of making such entries has been established, which boils down to the following:
- the signature of the responsible person is affixed indicating the decryption;
- an imprint of the employing organization's seal is made;
- The employee’s signature is made and the surname and initials are deciphered.
The seal should be positioned so as not to hide the signatures made by the personnel officer and the dismissed employee. It is not recommended to place it in such a way that its imprint covers part of the text. Therefore, it is better if the seal covers only part of the signature of the employee and personnel officer and the lower empty lines.
Thus, the regulations governing labor relations between the employee and the employer, as well as the basic rules for filling out work books, contain only provisions on where the employee must sign in the work book. All other points were developed by practical workers during their professional activities.
The procedure for maintaining work books
All employers, without exception, are required to maintain work records for their employees who have worked for more than 5 days. Exceptions are made for employers with the status of individuals (except for individual entrepreneurs).
The procedure for maintaining work books is covered in the “Instructions for filling out work books...”, approved by the Ministry of Labor of 2003 No. 69.
The work book contains information about the employee and employment:
- About the work he performs : where, for what position he was hired and in what department.
- On transfers to another position within the same employer (for example, promotions).
- About the work period.
- About awards and incentives for excellent work.
- About dismissal with reference to the article of the Labor Code , which served as the basis for termination of the employment contract.
If during the period of work the employee had disciplinary sanctions for violation of labor discipline, then they are not entered in the work book. The exception is cases where the form of punishment is dismissal. Information about this must be displayed in the work book (under Part 1 of Article 192 of the Labor Code).
The work book is a standard form with different degrees of protection, indicating the series and number, for 20 spreads. The pages of the document are numbered and have sections with entries:
- Employee information on the title page.
- Employee information.
- Information about available awards.
When the space provided for making entries in the work book has run out, you should create an insert for it. Such an insert is subject to similar requirements as the work book itself.
The employer’s responsibilities include ensuring the required supply of work book forms and inserts (according to Rules No. 225, paragraph 44). It is recommended that the employer purchase forms from official distributors authorized by Goznak. An employer does not have the right to demand the purchase of a work book from an employee.
Signature of an individual entrepreneur
Changes made to the Labor Code of the Russian Federation by Federal Law No. 90-FZ obligated the individual entrepreneur employer to maintain work books for his employees (Article 66 of the Labor Code of the Russian Federation). Therefore, paragraph 35 of the Rules now also applies to “individuals”.
If an individual entrepreneur has appointed a person responsible for maintaining work records, then there are no problems with certification of records by the employer. The secretary, accountant or personnel inspector will add his signature to the work book as usual.
Example 5
Is it possible to shorten the name “individual entrepreneur” to the abbreviation “IP”? On the one hand, regulations require that there be no abbreviations in the work book. On the other hand, according to the author, inspectors will not impose fines even if this requisite includes such an abbreviation, since neither the Rules nor the Instructions have yet (before making changes and additions to them that would bring them into compliance with the new provisions of the Labor Code RF regarding individual entrepreneurs) do not contain any explanations in this regard.
Example 6
Of course, this does not entirely correspond to the composition of the “signature” requisite established by GOST R 6.30-2003, but it should be taken into account that an individual entrepreneur does not have a position at all. In addition, clause 35 of the Rules states the following: “...all entries made in his work book during his work in this organization are certified by the signature of the employer or the person responsible for maintaining work books...”.
All these issues will be resolved if an individual entrepreneur appoints by his order a specially authorized person responsible for maintaining, storing, recording and issuing work books
(Clause 45 of the Rules).
Why do you need an order?
By law, work books belong to strict reporting forms. This is due to the fact that they contain information that subsequently directly affects the level of pension of a particular employee, so work with them must be carried out in a certain order. This is especially true for large organizations, where there are a large number of hired personnel, and therefore a large flow of personnel documentation.
The head of the enterprise personally appoints an employee who is responsible for the safety of work records. This is usually an employee or head of the HR department.
The responsibilities of this specialist include not only receiving and issuing labor documents and inserts for them, but also filling them out, taking care of their contents and accounting.
In the event of loss or damage to the work document, the responsible employee will have to restore the document (or compensate for the costs of this procedure).
Pay attention to the employee's signature!
Example 7
The absence of initials in the signature transcript has already been mentioned earlier; this is a shortcoming.
The second drawback is the presence of the wording “I have read the records”, which is not provided for by any legal act. Where does it appear in workers’ work books? As some practitioners at enterprises explain, they took an example of such a record from an experienced colleague or from some reference and practical manual, article, etc.
However, if you carefully read clause 35 of the Rules, you will find that certification must be carried out equally by both the employer and the employee. Then why, for example, doesn’t the personnel officer write: “The records are correct. HR inspector A.A. Samoilov"?
The fact is that HR workers and accountants, unlike office management specialists, in this case do not quite correctly understand the word “assurance.” The phrase “certified by signature” should be understood literally, verbatim. To “certify by signature” simply means to reproduce the signature on the relevant document.
Another common mistake is that after the signature of the person responsible for maintaining work books (or even next to it), it is completely unclear whose personal signature appears without any decoding.
Example 8
The fact is that some experts consider it sufficient, instead of the full “signature” requisite, to enter only part of it in the form of a personal signature. In their opinion, a signature and a personal signature are identical things. Naturally, this is not so.
A personal signature without decoding loses its meaning, since it does not allow personification of the person who produced it. Sometimes it can even be difficult to understand that a certain graphic symbol, written by hand, is someone’s personal signature, since some people have very peculiar strokes that represent a signature, for example, these:. Particularly original are the signatures of workers from other countries, where the writing system is quite different from the one to which we are accustomed.
For these reasons, decryption is required. However, there are objections here too.
It is believed that deciphering the signature (personal signature) of an employee when closing a block of records is not necessary, since the employee signed on the title page of the work book and it is always possible to compare one personal signature with another. At first glance this seems reasonable. But let’s imagine that the resigning employee is a woman who got married and changed her last name.
Corresponding changes were made to the title page of the work book. For example, a worker had the surname Volkova, but after her husband she became Zaitseva. On this basis, according to all the rules, the previous surname “Volkova” was carefully crossed out, and the new surname “Zaitseva” was entered in place of the old one. However, on the title page of the work book, this employee did not put another signature corresponding to her new surname, because this is not provided for by the rules. Again, it turns out that the signature without decoding, certifying a block of records upon dismissal, is “ownerless.”
Another option is when the employee’s signature is not made entirely according to the rules: there is a personal signature, there is a transcript, but there is no indication of the employee’s position, for example, “I.I. Ivanov."
But the absence of an indication of the position makes the “signature” attribute incomplete. In addition, the signature of the person responsible for maintaining work records and the signature of the dismissed employee must be made according to the same rules, since clause 35 of the Rules does not distinguish between them. Thus, the signature of the person responsible for maintaining work records is simply unthinkable without indicating the position (see Example 3).
Sometimes a rather unusual argument is given against indicating the position in the employee’s signature in the work book. It is believed that the resigning employee is already a “cut off piece”, that is, he is no longer an employee, and therefore there is no need to indicate his position, since he does not have one.
But such an argument contradicts the norms of the Labor Code of the Russian Federation. According to Art. 84.1 of the Labor Code of the Russian Federation, the day of dismissal (the day of termination of the employment contract) is the last day of work. On this day, a record of dismissal must be made (clause 10 of the Rules), and a work book must be issued to the employee. This day is indicated on the timesheet as worked.
All these arguments indicate the need to indicate the position in the employee’s signature.
Example 9
Example 10
The fact is that paragraph 35 of the Rules says that “all records ... are certified ... and signed by the employee himself.” At the same time, GOST R 6.30-2003 will be formally observed, and both signatures (of the one who makes entries in the work book, and of the resigning employee) will be executed uniformly.
The author advises employers not to get carried away with long and “florid” job titles. This is not always convenient for personnel records management, and in addition, problems with personnel changes may arise6.
Changes in the title page of the work book
The information about the employee entered on the first page may change over time.
How to correctly make changes to the title page of a work book?
In clause 26 of the Rules and clause 2.3. The instructions indicate that changes to the entries in the title pages about the last name, first name, patronymic and date of birth are made by the employer at the last place of work. Such changes are made based on:
- passports,
- birth certificates,
- about marriage,
- about divorce,
- on changing the last name, first name, patronymic and other documents.
It is necessary to provide a link to their number and date. Let us immediately note that the term “change,” in our opinion, is appropriate in relation to the surname, name and patronymic. They, indeed, can change naturally (for example, for a woman who gets married and changes her last name to her husband’s last name).
As for the date of birth, here, obviously, we should talk about correcting erroneously entered information, and not about changing it (how, for example, can a person’s date of birth change?).
When changes are made to the first page of the work book, the previous information is crossed out with one line and the new information is written down. On the first page of the 2003 labor document, this must be done above or next to it, on the same line. By the way, when entering data on the first page, it is recommended to enter the last name as close to the left edge of the line as possible. Otherwise, in the future, if it changes, it will not be possible to enter another surname.
An example of registration of changes to an employee's last name on the title page of a work book, sample 2003.
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How to correctly format a link to the changes made on the title page of the work book?
Link to the document on the basis of which the changes were made
Links to the changes made and the supporting documents for them are given on the inside cover of the work book. Entering such data on its title page is not allowed. They are certified by the signature of the employer or a person specially authorized by him and the seal of the employer.
The Instructions do not say how specifically the change is referred to. We believe that two options are possible. For example, a woman’s surname changed after marriage. A link to the change made can be shown like this:
Option 1. The surname is changed to the surname “Egorova” based on...
Option 2. The surname “Ivanova” was changed to the surname “Egorova” based on...
The first option for recording a change in the title page of the work book is preferable when the last name changes for the first time. The second is when the surname is changed not for the first time or when, after a divorce, a woman again changes her surname to the one she had before marriage.
Please note: changing your last name on the 1973 form is done a little differently. There, on the title page of the work book, three lines were allocated for entering the employee’s name. The new surname is entered in a free line, while the previous surname should also be crossed out, which is sometimes not done by inexperienced personnel service workers.
An example of an incorrect change in the last name of an employee on the title page of a work book of the 1973 model.
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An example of the correct change of an employee’s surname on the title page of a work book of the 1973 model.
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Quite often, the level of education of workers changes, workers master new professions and specialties. Should this data also be displayed on the title page of the travel book?
How to correctly supplement records of education, profession and specialty?
The addition of records about the education, profession and specialty of the employee is made by the employer at the last place of work (clause 26 of the Rules). New information is reflected on the title page of the work book without crossing out previously entered information. The initially entered data on education and profession, specialties are supplemented with new ones separated by commas (clause 2.4. Instructions).
In paragraph 2.4. The instructions do not say about the need to include on the inside cover of the work book a link to a document confirming the addition of information about education or profession, specialty on the title page of the work book. We believe that such a link must be made.
In practice, various situations may arise that require supplementing the specified information in the title page of the work book.
Situation 1. An employee receives a new level of education in a previously acquired specialty. In this situation, only the “Education” line is filled in on the title page of the work book.
An example of adding information about education to the title page of a work book
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Situation 2. The employee receives a second education of the appropriate level and acquires a second profession (specialty). In this situation, only the line “Profession, specialty” is filled in on the title page of the work book.
An example of adding information about a profession or specialty to the title page of a work book
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Situation 3. An employee receives education at the appropriate level for the first time and acquires a new profession (specialty). In this situation, the lines “Education” and “Profession, specialty” are filled in on the title page of the work book.
An example of adding information about education, profession and specialty to the title page of a work book
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Place for signatures and seal
It is accepted that the signatures of the person responsible for maintaining work books and the employee are located in column 3, one under one, without skipping lines.
As already mentioned, sometimes the personal signature of the resigning employee is on the same line as the signature of the secretary or personnel inspector. This is completely unacceptable. First, it may appear that the second signature was made again by the secretary (or HR inspector), especially if his “real” signature is completely covered (hidden) by the seal impression.
Strictly speaking, after the responsible person has signed, he must immediately affix a stamp. But in practice, the stamp is often placed after the employee has signed. This is probably done in order to most optimally place the seal impression.
According to the rules established in practice, the seal impression should not hide personal signatures, as well as important details of the document or the text itself. The seal should cover a little only the name of the position. But the work book has a small format (the work book is the same size as a general passport), and it is not always possible to place the seal impression successfully.
Some people put a stamp on the right, and then it makes it difficult to read the details of the dismissal order. It is quite possible that when applying for a pension, employees of the Russian Pension Fund will require an archival certificate to confirm this period of work experience, which can be quite difficult over time. It is also impossible for the seal imprint to hide the date of dismissal, because the date of dismissal indicated in column 2 is very important for calculating the length of service.
The author advises not to be afraid to put a stamp so that it occupies the bottom empty lines. This is completely acceptable. The next organization will open its block of records, skipping the lines occupied by the seal of the previous organization. These lines are not empty, as some experts incorrectly believe. They are occupied by the provided attribute, even if this attribute does not occupy these lines across their entire width.
According to regulatory documents, both the seal of the organization itself and the seal of the personnel department can be affixed to the work book.
The HR department seal is not mandatory; most often, employers make do with only one seal for all cases. Moreover, if there is still a seal of the HR department, you should keep in mind that it is affixed only to the HR officer’s signature. If, for some reason, the dismissal record is drawn up by the manager himself (for example, in the absence of a personnel inspector at work), then his signature can be certified exclusively by the seal of the organization.
If the organization does not have a personnel department, then ordering a seal for the personnel department is completely impractical. In such cases, many people use seals that say “for documents” or “for personnel documents.” However, the Rules and Instructions indicate specifically the seal of the personnel department (i.e., the seal of the corresponding structural unit), and not some other simple seal.
That is, using a stamp “for documents” or “for personnel documents” in a work book is incorrect. However, inspectors very rarely pay attention to this. But if you strictly follow these regulations, the secretary must certify his signature in the work book only with the seal of the organization.
So, the dismissal record has been made and certified by signatures and seal and handed to the employee. At the same time, you must not forget to give the employee a personal card in the T-2 form and a Book for recording the movement of work books for signature. After this, cooperation with the employee can be considered completed.
With this point everything is somewhat simpler, but in some situations disputes may arise. The seal should be placed at the final stage of the entire procedure. Until recently, it was allowed to use 2 printing options: institutional or personnel service. But since 2008, some adjustments have been made to the regulations of Rostrud. Thus, according to information for 2020, an entry in a work book is considered valid only if it has been certified by the seal of the institution.
That is, certification with a seal “for documents” is a gross violation of the current Legislation. A number of requirements also apply to the print:
- As mentioned earlier, a clear impression is considered correct. Smeared or not clearly printed is considered a violation.
- It is unacceptable that the seal makes it difficult to read any information; in particular, it should not completely cover the personal signatures of employees.
- The ideal option is if the seal occupies the bottom empty lines, slightly capturing the signature of the fired person.
And the main rule is that printing is a necessary attribute, so we must not forget about it. When making an entry in an employee’s work book, the responsible employee must be extremely careful. An incorrect entry or a missed step can result in serious problems for both the terminated employee and the HR person (or other employee assigned responsibilities).
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 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.
An error in verifying information can have various reasons. For example, if it is located a line lower than required, it is advisable to leave it in its place. If an employee signed instead of an authorized person, it is permissible to cross out the error with a thin line, sign next to it yourself and mark the correction with the wording: “Believe the correction.”
If this type of correction is unacceptable, then you need to do the following:
put a new serial number;
- enter information regarding the previous entry being considered invalid;
- put the next serial number;
- re-enter information about care;
- put signatures where they need to go.
Under no circumstances is it permissible to erase, forward or cover up a mistake.
Corrections on the title page of the work book
Note!
Based on the last name, first name, patronymic and date of birth indicated on the title page of the book, when comparing them with passport data, the ownership of the work book is determined for this citizen.
When applying for the first time, it is very important to correctly enter the last name, first name, patronymic and date of birth of the person applying for work. This information is of particular importance for the work book as a document that does not provide for a photograph of the employee.
Since the form is filled out manually, it is difficult to avoid errors in entries. Naturally, the question arises about the procedure for correcting incorrect entries in the title page of the book. There is no official answer to this question either in the Rules or in the Instructions.
Is it possible to correct incorrect entries on the title page of a work book?
Paragraph 27 of the Rules talks about correcting incorrect entries on the basis of an official document of the employer who made the mistake (and not on the basis of a passport - a personal document of a citizen). That is, here we are talking about correcting entries in the content of the work book, in information about work and about awards (incentives).
Similarly, the Instructions (clause 1.2.) speak about invalidating and correcting only entries in the sections of the book “Information about work” and “Information about awards”.
Note!
Errors in the title page of the work record cannot be corrected; in 2020, the work record book form is considered damaged and must be replaced with a new one.
This allows us to conclude that incorrect entries on the title page of the work book cannot be corrected. This means that an error on the title page entails recognition of the work book form as damaged and subject to replacement with a new form. This conclusion is confirmed by clause 48 of the Rules, which talks about payment by the employer for a damaged work book form or an insert in it “in case of incorrect initial filling.” It should also be noted that both in clause 26 of the Rules and in clause 2.3. The instructions speak about changing records of last name, first name, patronymic and date of birth on the basis of the employee’s relevant personal documents, and not about correcting them as erroneous.
Destruction of a damaged work book form
When filling out a work book for an employee entering work for the first time, I made a mistake: I wrote the name “Natalia,” while the name “Natalia” was indicated in the worker’s passport. What should you do in such a situation?
Having made a mistake on the title page of the work book or insert, the employee responsible for maintaining it must not correct the entry, but destroy the damaged form. Clause 42 of the Rules contains a direct instruction on the destruction of work books and inserts damaged as a result of filling out and drawing up a corresponding act.
What documents are signed when terminating a contract?
Does an employee have to sign a letter of employment upon dismissal? A signature must be provided.
Since labor is a type of unified documents, it is permissible to apply the standards of GOST 6.30 (ed. 2003) to it. Who signs the work book upon dismissal?
According to these, an administrative document is provided with signatures:
- manager;
- authorized person;
- employee.
The ideal is when all three representatives have signed. However, in practice, everything is complicated for a number of reasons. For example, the document is filled out on the last working day, since the day before the employee has the right to withdraw his resignation letter. On this day the employer may be absent from work.
Also, on the last working day, an employee may be on vacation, in a medical institution, or retiring due to disability. Or - not showing up, quitting for absenteeism. In addition, he could work in a remote branch in another region. The listed and other cases allow for forwarding the book or transferring it to an attorney. On this basis, GOST standards are completely inapplicable to this situation.
IMPORTANT: The signature of the employer’s employee in the dismissal order refers to the compensating signature if it is not included in the labor signature.
The main thing is that the information entered is certified by the person who made the entry. He signs the document when filling it out. The signature is located in a line below, under the information entered in the columns.
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.
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 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.
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.