Who should buy a work book insert?
A work book is an employee’s document, which confirms his work experience.
Inside it there are sections (certain pages) for entering data about the job: date of acceptance, position, reasons for hiring. Separately, there are columns for entering notes regarding awards and incentives. You need to enter data regarding the cold if it exceeds 5 days. Taking this into account, the place in the labor document for providing the necessary information may run out. You cannot use other sections (award, encouragement) to indicate “accepted,” “transferred,” or “dismissed.”
This is a form with the same lines and columns as in the employee’s work book. It is pasted into the workbook. An insert that is not filed with the labor document has no legal force, even if entries are made in it and there are seals.
In order to confirm the presence of the insert, its number and series are written on the title page of the work in the upper right corner. Such a mark can be entered by hand by an authorized person of the company. It is allowed to put a standard 10 x 25 mm stamp with the insert data.
According to the law, the employer is responsible for entering data and maintaining labor records while the employee is on the company’s staff. In this case, the question arises: who should buy the insert and work book? The regulations clearly state that the employer purchases the forms in question for the employee.
Since purchasing something is an expense, it is quite logical for employees to be indignant if they try to charge them the cost of forms. After all, the law clearly states who should buy an additional insert for the work book.
Here we need clarification, although the purchase of forms and additions to them is the responsibility of the employer, according to the law, he has the right to deduct the cost of such a purchase from his salary - this is legal. The employee is required to pay the cost of the forms, despite the fact that the employer purchased them.
The financial issue regarding the purchase of labor and liners is especially relevant for beginning entrepreneurs, because any costs can be critical for their profit.
The answer to this question is given by clause 46 of the Rules, according to which forms of work books and inserts for them are prepared centrally in the manner prescribed by Order of the Ministry of Finance of the Russian Federation dated December 22, 2003 No. 117n. The production is carried out by GOZNAK, and the forms have degrees of protection against counterfeiting.
The purchase of such forms is carried out on the basis of contracts. Agreements, in turn, are concluded either with the GOZNAK association itself, or with distributors who purchase secure forms. Purchased forms are delivered by delivery services, by the employer himself or in any other way that does not contradict the law.
During his working life, an employee can change many positions and places of work, and receive many incentives that are entered in the work book. As a result, a moment may come when the corresponding section is filled entirely.
It is then that the need for an additional document arises - an insert in the work book. By itself, it does not have any legal force (paragraph 2, paragraph 38 of the Rules for maintaining and storing work books, approved by the Decree of the Government of the Russian Federation dated April 16.
2003 No. 225, hereinafter referred to as the Rules), however, if the insert is sewn into the main document, then entries in it are kept in the same way as in the labor document itself (paragraph 1 of the same paragraph of the Rules). Thus, the insert has legal force only if it is sewn into the work book.
Consequently, new work books have to be created extremely rarely: only if someone needs a new book to replace a lost one or needs to make a duplicate book. Therefore, having one or two forms of work records in stock for such an organization is quite enough.
But since they accept people with work experience, it means that one of the employees may well need an insert in the book. Therefore, such an organization needs to have five to ten forms of inserts, if not more, depending on the total number of employees in the organization.
a copy of the agreement of a large wholesaler with the GOZNAK Association, from which he bought the forms, and a copy of the agreement with this wholesaler of the company from which you bought the book forms. That is, all these agreements together will confirm that you received the forms legally.
Go to Is an employment contract mandatory or not?
“The surname Sulivonskaya was changed to Gorobets on the basis of marriage certificate series AB No. 376238, issued by the Lublin branch of the Civil Registry Office of Moscow, dated March 24, 2008.” This record is signed by the personnel officer (and deciphers his signature), after which the company’s seal is affixed.
As a rule, employees are charged a fee for submitted forms (clause 47 of the Rules for maintaining work books, approved by Resolution No. 225). The newly hired employee must pay for the work book itself; and an employee who has run out of all the pages in the “Job Details” section must pay for the insert. The amount of the fee is determined by the cost of purchasing the forms.
In accordance with the law, the employer, when drawing up and concluding an employment contract, must issue a work book for the applicant, if this is the first job. During the period while the employment contract lasts, the employer must maintain the employee’s work book, and in the event of termination of the contract, the book is issued to the employee.
When filling out a tax return, you can safely indicate the cost per unit of document when purchasing from the state and the cost charged to the employee for issuing the document. Based on the results, you can see that the employer has no profit, since both prices are absolutely equal.
To obtain work record forms from official distributors, you must write a letter of application on your organization’s letterhead to one of these distributors, indicating the number of required forms, or send such a request by fax or email.
The forms of the work book and its insert in accordance with paragraphs 2, 3 of the Regulations approved by Decree of the Government of the Russian Federation of September 24, 2012 No. 965 refer to secure printing products.
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Yulia, just a citizen will not be able to contact Gosznak. Work books and inserts must be purchased by the organization. People have encountered this problem: they once bought a labor card at a kiosk. It should be noted that each calendar year has a corresponding series and number.
Tatyana Sergeevna February 9, 2011 at 09:19
Julia. Where to buy an insert? and who should buy it - a personnel officer or an employee whose work book has expired?
ONLY YOUR EMPLOYER GIVES YOU AN INSERT IN YOUR EMPLOYMENT BOOK. INSERTS ARE PURCHASED BY THE EMPLOYER FROM CERTAIN ORGANIZATIONS ON ACCOUNTABILITY. NO ALLIANCE SEALS.
I bought the insert myself at a stationery store for 155 rubles. since not a single HR department from the two employers bothered to do this, although when applying for a job, I myself personally offered to buy an insert, to which I received the answer that we would do everything.
And upon dismissal, the only thing they had enough brains to do was cross out “about incentives” and write by hand “about work” - which is a gross violation! And it is completely unclear how long will our employers comply with these same rules and regulations? or in our country only we are obliged to follow the law.
Nadezhda April 13, 2011 at 4:22 pm
According to the supply agreement, Transfer Certificate NUMBER Internal accounting of labor and liners (empty)
And really, no seals.
Lucia. well, this is completely overkill, I would have cursed
Julia. You will have to buy. How will you check where the employee got the insert? How will you report - do you have a logbook for registering work book forms and inserts for them? The origin of the document must be clearly traceable, even if you purchased the form for one legal entity, you cannot use it for another.
and again - maintenance and storage is the responsibility of the employer, the employee has such an obligation - to bring the form - there is no refusal to hire due to reluctance to buy the form - it’s even ridiculous to comment.
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At the same time, in practice, when the free space in a section is running out, and the employee still needs to make an entry, the question often arises: who should purchase the insert and at whose expense? This issue is especially relevant for starting individual entrepreneurs with a small turnover or small enterprises.
Info
In no case should anything be glossed over or erased in the work book. The following information can be entered into this section (Article 191 of the Labor Code of the Russian Federation): - about the declaration of gratitude; - about payment of bonuses; - awarding a valuable gift or certificate of honor; - about nomination for the title of the best in the profession. This list is non-exhaustive. Other ways to reward an employee may be provided for in employment contracts, internal regulations, charter and other internal documents of the company.
- when the initial filling out of the document was made with errors made in the HR department;
- if the work record book is damaged as a result of an industrial accident or other circumstances not related to the employee’s negligence;
- in case of mass loss of documents by the employer during an emergency.
Purchase
According to the law, the employer is responsible for entering data and maintaining labor records while the employee is on the company’s staff. In this case, the question arises: who should buy the insert and work book? The regulations clearly state that the employer purchases the forms in question for the employee. Including if the employment has not yet been established, that is, the employee gets a first job after completing his studies.
Since purchasing something is an expense, it is quite logical for employees to be indignant if they try to charge them the cost of forms. After all, the law clearly states who should buy an additional insert for the work book. Here we need clarification, although the purchase of forms and additions to them is the responsibility of the employer, according to the law, he has the right to deduct the cost of such a purchase from his salary - this is legal. The employee is required to pay the cost of the forms, despite the fact that the employer purchased them.
The financial issue regarding the purchase of labor and liners is especially relevant for beginning entrepreneurs, because any costs can be critical for their profit.
https://youtu.be/MIioSnzZjIY
Sale by an employer to an employee of a work book form and its insert
The answer to this question can be found in paragraph 47 of the Rules, which states that the employer, when issuing a work slip to an employee, collects from him an amount equal to the cost of purchasing the form. This requirement of the law is unambiguous; there simply cannot be any disagreement in interpretation.
Thus, if an insert is required to continue entries in the work book, then the employer purchases it, and all expenses are fully reimbursed by the employee. However, the amount of compensation cannot exceed the cost of the form that was used for a particular employee.
This needs to be clarified, since quite often forms of work books and inserts are purchased at GOZNAK or from distributors in bulk, in large quantities. In this case, Clause 47 of the Rules does not allow demanding reimbursement from the employee for all expenses incurred by the employer under the contract for the purchase of forms.
- If the form is damaged by the employer himself (clause 48 of the Rules). If the entries in the book or insert were made incorrectly from the very beginning or the document form was irreversibly damaged and this damage occurred for any reason other than the direct fault of the employee, the employer issues a new document form, and the employee does not pay these expenses.
- If as a result of an emergency there was a massive loss of work records (clause 34 of the Rules). Since the insert is sewn into the book and is not filled out separately from it (clause 38 of the Rules), if the books are lost, of course, the inserts are also lost. In this situation, the employee is issued a duplicate document, and the costs for such issuance are borne by the employer.
Thus, we can draw the following conclusion: in the general case, the employee pays for the issue as an insert. as well as a duplicate in case of loss or damage to the work book (together with the insert) through his fault. If the document turns out to be lost while it was in the employer’s custody, or damaged by the employer, the employee does not bear any expenses.
Part 3 Art. 66 of the Labor Code of the Russian Federation obliges the employer to maintain work books for all employees, except part-time workers who have worked for him for more than five days. Employers comply with this obligation, but many of them do not welcome the purchase of work books for employees. Why?
They consider it a waste of time and money. This is especially pronounced in budgetary organizations, where in order to purchase work books it is necessary to conclude an agreement and comply with the requirements of procurement legislation. Therefore, it’s easier to tell the future employee, go to the store, buy a work book and come with it.
, part 1 in art. 65 of the Labor Code of the Russian Federation establishes a list of documents required to be submitted for employment. One of the documents is a work book. But this provision clarifies that the provision of a work book does not apply to employees entering into an employment contract for the first time.
The labor period is over, we sew in the liner
A work book is an employee’s document confirming his work experience. All employers, both organizations and entrepreneurs (private notaries, lawyers who have established law offices) must keep work books of their employees if they have worked for them for more than 5 days, and this place of work is the main one (Part 3 of Article 66 of the Labor Code of the Russian Federation ).
As a result, the work book is included in the list of documents required to be presented during employment (Article 65 of the Labor Code of the Russian Federation). Of course, this only applies to workers for whom this is not the first place of work, and therefore they already have a work book.
In practice, it happens that a personnel employee needs to make a new entry in the work record, but there is not enough space for this: the work book has run out. Who should buy the insert? Since employers are responsible for maintaining labor records by law, it is the enterprise’s personnel officers who must take care of purchasing and sewing such an insert into the employee’s work book (clauses 44, 46 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).
It would seem, why not use other sections of the labor report? After all, there may be space left in them, which is enough for subsequent entries. But you can’t do that. In case there is no space left for a new entry, inserts are provided in the work book (clause 38 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).
Work book: how to get it? Rules for issuing and storing work books
These changes are made on the title page of the work book. In this case, the previous surname or first name, patronymic, date of birth are crossed out with one line and new data is recorded. All references to the relevant documents are made on the inside cover of the work book and certified by the signature of the employer or a person specially authorized by him and the seal of the organization or the seal of the personnel service (clause 2.3 of the Instructions).
In the future, all changes and additions to records about new education, profession, specialty obtained are carried out by adding existing records or filling out the corresponding lines without crossing out previously made records (clause 2.4 of the Instructions).
Correction of an incorrect entry is made at the place of work where it was made, or at a new place of work on the basis of an official document of the employer who made the mistake (clause 27 of the Rules). In the event of liquidation of the employer who made the mistake, corrections at the new place of work are also made on the basis of the relevant document (clause 28 of the Rules).
As the Labor Code states, a person has the right to official employment upon reaching the age of 14. Of course, such employees are subject to preferential conditions regarding working hours and workload.
An employee’s work record book is the main document proving the fact of his employment. It contains data on the place of performance of the labor function, the title of the position, measures of reward and punishment, as well as the reasons and circumstances of dismissal.
Salary and personnel
Information about the forms of work books purchased by the organization (inserts in them) and about the issuance of the form for registration is reflected in the receipt and expenditure book (clause 41 of the Rules). When issuing a work book or insert to an employee, the employer may charge him a fee, which is determined by the amount of expenses for purchasing the relevant forms (clause 47 of the Rules).
Legal entities (organizations) and individual entrepreneurs that meet the requirements established by the Goznak Association of the Ministry of Finance of Russia (FSUE Goznak) have the right to provide employers with work book forms and inserts in the work book (p.
3 The procedure for providing employers with work book forms and an insert in the work book, approved. by order of the Ministry of Finance of Russia dated December 22, 2003 No. 117n). Employers can purchase forms directly from the manufacturer or from distributors (organizations and individual entrepreneurs) authorized by the Goznak Association.
Order on streamlining work with work books
In order to comply with the legislation on the procedure for handling work books
I order:
- Appoint an accountant to A.I. Kopylova. responsible for keeping records of blank forms of the work book and its inserts according to established rules, for the timely reflection of purchases of batches of the work book and (or) inserts in it in accounting and tax accounting data.
- Appoint the head of the personnel service Zorina M.T. responsible for coordinating actions for the timely procurement of blank work book forms.
- Appoint a HR manager to M.N. Nazarova. responsible with the right to sign for maintaining and recording employees’ work books, making correct entries in them, and timely issuing documents to employees upon dismissal.
General Director of Raduga LLC M.S. Burmistrov
Additionally, the order can name a person who will deal with work books during the absence of the person in charge (business trip, vacation, illness, other absence from work).
How much does a work book cost?
The Goznak association, which is the official manufacturer of such printed products and is part of the Ministry of Finance, is an official and authorized entity for creation and distribution.
Work forms and inserts for them are produced at the GOSZNAK association, which is part of the Ministry of Finance. The right to purchase forms from GOSZNAK for the purpose of further sale belongs to special organizations that have entered into an agreement and meet the requirements imposed on them by the manufacturer.
Work books: hiring
Currently, many workers from the CIS countries work in Russia. According to these employees, the question arises of the correctness of making entries in the work books of the sample of those countries from which these persons came.
Rostrud, in a letter dated June 15, 2005 N 908-6-1, spoke out regarding the presentation of Ukrainian labor books by employees. Officials noted that Ukrainian-style work books submitted by citizens of Ukraine do not correspond to the form recognized in the Russian Federation.
When preparing the title page of a work book, difficulties really arise when deciding how to correctly record the date of its completion. Without disputing the author’s opinion about the correctness of the digital method of filling out this date, it should be remembered that the main meaning and significance of any entry in the work book is the transfer of information in the most secure form against forgery.
From this we can conclude that the alphanumeric method of registering dates is more protected from counterfeiting compared to the digital method. It is no coincidence that when drawing up notarial documents, the dates on them are written in letters.