Storage periods for staffing tables in an organization
The Ministry of Culture has developed and approved a list of all possible documents that are created in the course of the company’s activities and their storage periods.
Since the staffing table is important for the organization, it is stored constantly throughout the entire period of operation of the company. If this local act was transferred to other organizations, then it is stored there for three years. In the course of drawing up the staffing table or if it is necessary to change its individual points, other documents are created:
official (reports) notes;- projects;
- conclusions;
- proposals from individual departments;
- orders (instructions);
- other documents.
Archive storage periods are also established for these documents. Everything that can be attributed to correspondence is stored for three years, project documentation for five years, and orders for approval (change) must be stored permanently.
Such long storage periods are due to the fact that the staffing table is one of the documents regulating labor relations within the company. In addition to current activities, they may be needed when applying for a pension benefit, confirming special work experience, etc.
They are also checked by regulatory authorities, and the absence of any archival document may result in the employer receiving a fine.
>Staffing table of the organization: period and place of storage!
Calculate in order and draw up a staffing schedule
The first is long-term storage orders. It is not difficult to guess that they will be taken into account by the employer and will remain for a long time. How much exactly{q} More on this a little later. What can be attributed to this documentation{q} These are documents that describe the labor relationship between the employer and subordinates, and also indicate significant work factors.
- firstly, the use of staffing ensures the presence of a clear and visual structure of the organization, including its divisions;
- secondly, staffing units are recorded in the schedule;
- thirdly, the presence of such a document in the organization allows you to easily control the number of employees and their qualitative composition;
- fourthly, thanks to the staffing table, it is possible to track the wage system, as well as the amount of allowances;
- finally, fifthly, the schedule greatly facilitates the selection of personnel when vacancies arise.
The third column is a place to indicate the position (specialty, profession), rank, class (category) and qualifications of the employee. These data are indicated on the basis of the All-Russian Classifier of Professions and the Qualification Directory of Managers and Specialists.
Very often, this document helps enterprise managers during legal proceedings. For example, due to a forced reduction in staff, a worker was fired and he sued the former managers. In this case, the ShR is direct evidence of the legality of the defendant’s actions.
Staffing is an optional document for each enterprise, which is created on the basis of the staffing table. It is a mobile version of the HR and includes more detailed information about the company’s employees (the workers’ full names, disability group, etc. are indicated).
The staffing table is a document reflecting the structure of the organization. It must be drawn up in government agencies; commercial companies resort to its help only with a large number of employees. The schedule contains comprehensive information regarding the following points:
- professions of employees;
- number of employees in each department or division;
- their specialties;
- positions;
- salaries or wage rates used to calculate wages;
- sizes and types of allowances for each position.
There is no need to indicate the names of employees in the staffing table. This is a statistical document that helps regulate the number of employees and the wage fund. It is worth remembering that the actual number of employees cannot exceed the number indicated in the staffing table.
How and where is it stored?
In the archive
After several months, quarters, or years, the employer has a need to organize an archive for storing, compiling and recording archival documents.
The paper staffing table is often stored in a metal safe or locked cabinets. In large organizations and government agencies, special rooms with locks and alarms are equipped for these purposes.
In the organisation
According to Article 57 of the Labor Code of the Russian Federation, the position of the employee being hired must correspond to that indicated in the staffing table. A document reflecting the structure and composition of the employer is approved by the order on the main activity, being its appendix, and is signed by the manager or an authorized person.
The approval order and staffing schedule in original form must be stored in the folder “Orders for the main activity.” The personnel service of the enterprise considers it its prerogative to keep the original.
There are no clear regulations on this issue. An individual approach is assumed for each organization, depending on the number of divisions, the amount of work and the distribution of responsibilities between departments.
What it looks like and what items it should contain
The staffing table is a paper document. Until 2014, there was a unified form No. T-3, which was used for its registration.
At the moment, unified forms are no longer generally binding, but their use is advisory in nature. In practice, the vast majority of business entities form a staffing table according to Form No. T-3, while making changes to it based on their own needs.
So, the SR itself, for the most part, is a table, each column of which contains the necessary information:
- name of structural divisions;
- positions and qualifications;
- the number of units in a specific position in the state;
- tariff rate (salary, etc.);
- allowances;
- total salary per month;
- other information.
As a rule, the ShR is signed by the chief accountant and the head of the personnel department.
How long does it last?
Archived period
The Federal Archival Agency (Rosarkhiv) establishes and controls the time frame for storing various documents. Staffing is no exception to these rules.
According to the regulations of the above authority, staffing schedules and changes to them must be stored at the place of development and/or approval permanently, that is, indefinitely, and in other organizations for three years. The storage period for orders related to the personnel list of employees must be kept in the archive for at least 75 years from the date of the event that they document.
It is planned to prepare such a document as an extract from the staffing table; it is provided at the place of request and reflects the main provisions of the primary document in the context of those sections that are of interest.
Time in organization
The question of how many years the staffing table should be kept in an organization is relevant both for enterprises and individual entrepreneurs with a small number of employees, and for large organizations. Despite the minimum turnover, it is necessary to ensure document flow, as well as maintain accounting and personnel records.
During the reporting period, the staffing table is drawn up and, if necessary, changed, and after the deadlines established by the developed schedule, it is filed and submitted to the archive. The schedule is developed by responsible persons: heads of departments, divisions, departments, and approved by the head of the organization. When transferring cases, the personal presence of the receiving and transferring parties is required.
Within the period of storage of the staffing table in the organization, it must ensure the issuance of a copy of the document to persons who have the right to receive it, including participants of the limited liability company.
Features of the development of personnel documentation
The law provides for the annual compilation of the staffing table or its updating at intervals prescribed by the company’s internal regulations. When choosing how often to schedule, it is necessary to take into account the size and structure of the organization.
The regulatory act governing the frequency of creating a new staffing table includes:
- procedure for drawing up the document;
- requirements for the preparation of extracts from the staffing table;
- procedure for issuing statements.
If you decide to implement a staffing table in your organization, then it is best to use the unified form No. T-3. In 2019, it is not necessary to use it, but most companies are not going to abandon the ready-made template. If necessary, this form is supplemented with the necessary items, which allows you to obtain a document convenient for use. For example, if an enterprise uses the labor of seasonal workers, then it is necessary to add one more item “Period of existence of a staff unit” (it can be otherwise entitled “Period of work”).
At the same time, do not forget about the rules for drawing up the document, especially if your enterprise has specialists working in dangerous or harmful conditions. The law applies no less strictly to the schedule in which the positions of civil servants are listed. In this case, special attention should be paid to writing the position. It must correspond to the position specified in:
- regulatory documents;
- employee's work book;
- industry and all-Russian classifier;
- reference literature.
Order
The Ministry of Culture of the Russian Federation regulates storage periods by its order dated August 25, 2010 No. 558 “On approval of the “List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating storage periods.”
Reference. The staffing table is kept indefinitely.
It is necessary to pay attention to the frequency of updating the schedule, since it can be indefinite and unchangeable, which is rare, or approved for a certain period, which means it requires constant updating.
A staffing table is a local document that helps organize and systematize the work of an institution, which significantly increases the efficiency of the organization.
The content of the documentation is the same for absolutely all companies; it includes such items as information about assigned salaries, allowances for employees, positions held, the number of employees on staff, and others. Let's look at what staffing is in more detail below.
Is it required or not?
The Federal Service for Labor and Employment, in letter number 2016-6-6, dated July 8, 2010, explains that all enterprises operating in Russia must maintain such documentation.
Rostrud explains that in accordance with article number 57 of the Labor Code of the Russian Federation, every company must have this document. Its absence makes it difficult to carry out such measures as, for example, reducing the number of workers.
In addition, the labor inspectorate may regard the absence of this documentation as a violation, for which managers will have to bear responsibility in accordance with article number 5.27 of the Administrative Code.
There is a standardized form for drawing up a staffing table, and in addition it is included in the instructions for filling out a work book.
The staffing table is not included in the list of tax accounting documents, however, legal entities are required to provide them at the request of various federal inspection organizations: tax services, social fund. insurance, pension fund authorities, as well as the state labor inspectorate.
Moreover, if there is no schedule, then a fine of 50,000 rubles is imposed on the company, or its work is suspended for up to 90 days, in accordance with Article 5.27 of the Federal Code of Administrative Offences. Of course, this can be refuted in court, but before that the fine must be paid.
According to the definition of Art. 57 of the Federal Labor Code, the labor function of an employee under an employment contract is work in a position corresponding to the current staffing table. Only if there is an approved document in accordance with paragraph 2 of Article 81 of the Labor Code, it becomes possible to carry out structural personnel changes and make staff reductions.
The staffing schedule is ratified by local company regulations. That is, the fact of its existence depends only on the employer. The obligation to draw up and accept this document also lies solely with the employer.
But failure by the head of the organization to fulfill the function of drawing up and approving the staffing table is not a reason for breaking the previously concluded employment contract between him and the employee.
In some cases, employers hire workers for positions that are not included in the staffing schedule approved at the enterprise.
Disagreements between the schedule and the employment contract regarding a specific employee are resolved in favor of the contract (Article 8 of the Labor Code). An employee is hired according to the specialty specified in his employment agreement.
The main purpose of the document is that if, upon dismissal of an employee in accordance with clause 2 of Art. 81 of the Federal Labor Code have real arguments to substantiate their position in court, and in particular that the company could not have the opportunity to employ this employee and that his layoff was completely within the law.
During the trial, staffing levels will initially be requested. If it previously existed and was not previously and correctly drawn up, but was drawn up in the heat of the moment and deliberately, for the sake of the trial itself, then in this case it will be extremely difficult for the defendant-employer to win in such a conflict.
Staffing table: sample, rules for drawing up and changing the form
The staffing table is an internal regulatory act of an organization that significantly simplifies the maintenance of personnel records. Although current legislation does not oblige employers to fill out this document, it is usually approved at the stage of company creation.
After all, it is in it that the entire personnel structure of the organization, the composition and number of employees, as well as the monthly payroll are recorded. You will learn how to draw up this form and what a unified example of a staffing table looks like in this article.
The presence of this document is not required by law. And yet, it exists in many, especially large, companies. In this article, we examine important questions: why do we need a staffing table, how to draw it up correctly, who should approve it, how long it is valid and, most importantly, is it really possible to work without it.
https://youtu.be/SbPOez0KZAw
“Personnel decide everything,” it was said in Soviet times, but it has not lost its relevance in the modern business world. Indeed, if we compare an organization with a living organism, then the staffing table will serve as a skeleton in it - a structure onto which personnel are “built up”: workers, managers, leaders at various levels.
How many employees does the company need in total? How many of them should be in leadership positions? How many units are required? What are the growth prospects? How much should all these people be paid? If you ask such questions chaotically, running a business will be difficult. But when there is staffing, the picture becomes much clearer. So, the first reason for drawing up a “staff” is practical, it helps:
- Form a clear structure of the organization.
- Recruit an effective team and always respond to vacancies in a timely manner.
- Manage the payroll and control wages.
It is not necessary to provide specific employee names. The staffing table is a structural document on the basis of which the employment service fills the staff with employees. When an employee is hired or after his dismissal, the main document does not change.
Another important reason is related to possible inspections. At first glance, the Labor Code does not oblige employers to draw up a labor contract: they can include job titles, job responsibilities and salaries in employment contracts. On the other hand, there are a number of legislative acts, the requirements of which are quite difficult to comply with without a staff.
For example, from Articles 15 and 57 of the Labor Code it is clear that if, under an employment agreement, an employee performs duties related to a certain position, this position must comply with the ShR. In other words, if the contract states that a person has been hired as an office manager, the SR must contain this position. If so, it is worth paying due attention to this document.
The presence of HR imposes certain obligations on the personnel service. So, if a position is listed in the schedule, an employee must be assigned to it. If a position is vacant, the HR department should know about it and look for a person. Otherwise, there may be sanctions during the inspection, because this will violate the requirements of Law No. 1032-1 of April 19, 1991.
It is also worth noting that “staff” refers to primary accounting documents. It may be asked for during a tax audit, since it is convenient to use it to check salaries and payroll.
The best option is to draw up and approve the staffing schedule immediately after the founding of the company. If for some reason this was not done, it is never too late to create such a schedule.
There is no statutory periodicity for compiling the SR. At the discretion of management, this can be done once a year, or more or less often. Most often, companies choose this mode: the document is drawn up annually, at the planning stage for the next year. During this period, if the need arises, changes are made to it, confirming them with relevant orders.
Experts recommend enshrining the form of the ShR, as well as the procedure and frequency of its updating, in a separate local regulatory act.
The question of who should develop HR is one of the most frequently asked questions on HR forums. And this is not surprising, because there are no legally approved standards regarding “staffing”.
One should take into account the peculiarity of this document - it combines personnel issues with financial ones.
That is, the best option is cooperation between the HR department and the accounting department, but in small companies, all tasks for drawing up HR are often taken on by the chief accountant.
Despite the fact that there are no mandatory norms or samples for drawing up the SR, everyone who is responsible for this document would like to see a concrete example of how it should be filled out correctly.
We invite you to familiarize yourself with Safety requirements during operation: basic provisions
Here it is appropriate to take as a basis the unified form that the State Statistics Committee of Russia approved on January 5, 2004.
Since 2013, the regulation on this form has been canceled, and all samples have become recommended instead of mandatory.
When developing an individual ShR form, it is necessary to ensure compliance with the second part of Article 9 of the Law “On Accounting”.
Drawing up a staffing table can be divided into filling out three main sections: header, main and final parts. Let's look at each section in detail.
- A cap
Regardless of the format (in T-3 form or without it), the header part begins with the name of the document. In our case, this is the “Staffing table”. It is also necessary to indicate all company details:
- Name, including legal form (LLC, JSC or other).
- Registration number, as well as OKUD and OKPO codes.
Several dates should be written down here: drafting, approval, entry into force, expiration. It is also worth providing an approval stamp.
Hello! Have you ever heard of such a document as the “Staffing Schedule of an Organization”? But this is a document on the basis of which wages are calculated, as well as employees are hired and fired. Now we will try to talk in detail about what functions the SR performs and how to compose it correctly.
Each of you has been to the HR department of some enterprise at least once in your life. You've probably seen countless folders and personal files of employees. Surely many were interested in how the employees of this department collect and remember information about all positions, employees, etc.
And everything is quite simple. They have a document called a staffing table.
The staffing table (SH) is a regulatory document that contains information about all positions of the enterprise, the number of full-time employees, the size of their tariff rates and the amount of allowances.
In other words, this is a document that contains generalized information about the number of employees of the enterprise and available positions. In addition, the staffing table indicates the salary for each position, taking into account all applicable allowances.
Very often, this document helps enterprise managers during legal proceedings. For example, due to a forced reduction in staff, a worker was fired and he sued the former managers.
In this case, the ShR is direct evidence of the legality of the defendant’s actions.
Due to the importance of this document, all pages are numbered, laced and sealed.
What does the staffing look like?
The staffing table is drawn up according to the officially approved form T-3, which was approved in 2004 by order of the State Statistics Committee under number 1 (see photo). According to this legislative act, this form is needed to compile the number, composition and structure of the company in accordance with the approved Charter of the enterprise.
(The picture is clickable, click to enlarge)
This resolution also states that it must indicate information about:
- positions (professions, specialties) and qualifications are indicated;
- existing structural units;
- the number of working staff units in the institution.
You should approach the preparation and maintenance of the document responsibly, indicate valid data in it and promptly make changes to it if any.
Read our article on how to properly make changes to the staffing table.
This document is necessary to form the number and structure of the company’s staff in accordance with its charter. It contains:
- OKPO enterprises;
- full name of the company;
- number;
- effective date and duration of the document (usually 1 year);
- name of professions or categories of positions occupied by workers (in full compliance with the ECSD);
- the amount of all payments;
- in the upper right corner the stamp “Approved” is placed and the details of the Order on the introduction and approval of the schedule are entered.
If the number of employees, the list of positions or the amount of payments changes in an institution, then adjustments must be made to the documentation.
If changes are not made in a timely manner, management may have problems with the authorities auditing the company's activities.
There are no clear deadlines for which the schedule is drawn up - the document can be drawn up for six months or a year, or even for several years, if the company does not need to make changes.
Rosarkhiv has established an exact storage period for the staffing table after its expiration. Thus, documentation must be stored for at least 3 years, from the year following the year in which the document was lost. At the same time, the arrangements are stored for a longer time - 75 years from the time the new ones were compiled.
Where are staffing orders stored?
When the period for using the form has expired, the employee of the archival department, where the forms are placed for long-term storage, is already responsible for it.
General cleaning of personnel: what to do with old documents In rare cases, if we are talking about small organizations with a dozen or two employees, the manager’s secretary can be appointed as the responsible person, but most often it is quite difficult for such a person to carry out his direct duties and at the same time monitor the maintenance and storage of documentation forms related to the direct field of activity of personnel specialists and accountants.
Attention
What is the validity period of the staffing table? No official document indicates the exact validity period of the staffing table. The manager himself has the right to indicate the period at which this document is drawn up.
Most often, it is redone every year and put into effect on January 1. When drawing up the ShR, the date of its validity is indicated. But if you do not specify a date, then the document is considered unlimited and does not need to be redone.
How much and where is the staffing table stored? Based on the decree of the Federal Archive, ShR, after expiration, it must be stored at the enterprise for 3 years. And the shelf life of staff arrangements is 75 years.
Staffing is an optional document for each enterprise, which is created on the basis of the staffing table.
It is a mobile version of the HR and includes more detailed information about the company’s employees (the workers’ full names, disability group, etc. are indicated).
Where to store orders according to staffing schedule
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If it previously existed and was not previously and correctly drawn up, but was drawn up in the heat of the moment and deliberately, for the sake of the trial itself, then in this case it will be extremely difficult for the defendant-employer to win in such a conflict.
According to this legislative act, this form is needed to compile the number, composition and structure of the company in accordance with the approved Charter of the enterprise.
Document outline
The T-3 staffing table is filled out in accordance with the Instructions for filling out primary documentation forms. The “header” contains the full name of the institution, the serial number of the document being compiled, OKPO, and the date of its adoption. The field with the period during which the documentation is valid must be filled in.
Download the staffing form here for free.
The content part consists of 10 columns, which are filled in in order:
1 - “Name”. The name of the division, branch, workshop according to the hierarchy is indicated.
2 - “Code”. Here the code of the structural unit is written down, which is assigned to it by management.
3 - “Position”. The position held by the employee, the rank in accordance with the Classification documents is written here. The profession indicated is exactly the one that is recorded in the employee’s work book and in the contract concluded with him.
4 — “Number of staff units.” Write down the number of units on staff by position. Vacant positions and incomplete units are also indicated here.
5 - “Tariff rate”. The amount must be indicated in rubles.
6,7,8 - “Allowances”. All bonuses, incentives and other payments are stated here, indicated in the form of amounts or in the form of an interest rate.
9 - “Full amount”. The total amount obtained by adding the amounts specified in columns 5-8 is indicated here.
10 - "Notes". If there are no comments, then this field is left blank.
The code in the staffing table is necessary for record keeping. If accounting is kept in the 1C program, then it will automatically assign a code to each division and site. If 1C is not used, then the manager himself can assign codes, but it is important to observe the hierarchy of departments.
As the results of regular audits of the State Labor Inspectorate demonstrate, the maximum number of deficiencies is discovered after attempts to fill out field 5.
When trying to fill out this column on their own, individual entrepreneurs (like accountants) often make and allow themselves to make mistakes, writing down a range of values within, for example, 5000-7000 rubles.
Obviously, two people occupying similar positions in the same company may well work at different levels and receive completely different wages for their work.
To fully display such differences in the staffing table, there is a separate section “allowances”, or they will include essentially monotonous staffing positions: chief accountant and accountant, administrator or deputy administrator, etc., only whose salaries differ.
How long is an order kept? 5 years or 75 years
If you want to find out how to solve your particular problem, contact the online consultant on the right or call the free consultation numbers: Is it necessary or not? The Federal Service for Labor and Employment, in letter number 2016-6-6, dated July 8, 2010, explains that all enterprises operating in Russia must maintain such documentation.
Rostrud explains that in accordance with article number 57 of the Labor Code of the Russian Federation, every company must have this document. Its absence makes it difficult to carry out such measures as, for example, reducing the number of workers.
In addition, the labor inspectorate may regard the absence of this documentation as a violation, for which managers will have to bear responsibility in accordance with article number 5.27 of the Administrative Code. Indication of positions of freelance workers in the staffing table 2.
The procedure for entering information into the staffing table First, fill out the header of the document and indicate the name of the enterprise in accordance with the constituent documents. The OKPO code is indicated. The “Document number” field is filled in.
The current date of the document is entered. In the column “For period” the period of validity of the staffing table is indicated. The document approval stamp contains the details of the order for the main activity by which this document was approved, and below – the total number of staffing units of the organization or enterprise.
To fully display such differences in the staffing table, there is a separate section “allowances”, or they will include essentially monotonous staffing positions: chief accountant and accountant, administrator or deputy administrator, etc., only whose salaries differ.
Rosarkhiv has established an exact storage period for the staffing table after its expiration. Thus, documentation must be stored for at least 3 years, from the year following the year in which the document was lost.
- Columns 6, 7, 8 are intended to indicate all kinds of allowances. The number of columns can vary, both smaller and larger.
Only permanent allowances for a specific position are indicated here. The most common allowances:
All these allowances can not be specified specifically, but a link can be made to a local regulatory document that fully regulates the remuneration system in the organization.
Attention Is there a mandatory staffing form? To compile the ShR, the unified form T-3 is most often used. It is a form - a table into which you need to enter data.
Column 4 indicates staffing units - the number of employees working in one position. Read about the topic in the electronic journal. The greatest number of inaccuracies and errors are made when entering information about staff salaries into the staffing table (in particular, instead of the exact salary amount, its range is indicated).
Form and example of an organization's staffing table Despite the optionality of using unified primary accounting forms, many organizations continue to use the standard T-3 staffing form, convenient and familiar to HR and accounting employees.
Surely many were interested in how the employees of this department collect and remember information about all positions, employees, etc.
And everything is quite simple. They have a document called a staffing table.
The staffing table (SH) is a regulatory document that contains information about all positions of the enterprise, the number of full-time employees, the size of their tariff rates and the amount of allowances. In other words, this is a document that contains generalized information about the number of employees of the enterprise and available positions.
Very often, this document helps enterprise managers during legal proceedings.
Premature destruction or loss of such documents requires the company to take measures to restore them.
Failure to submit staffing schedules and related documents to government agencies and other persons entitled to receive them may result in prosecution.
List of standard management archival documents generated in the process of activities of state bodies, local governments and organizations, indicating storage periods,” approved by order of the Ministry of Culture of the Russian Federation dated August 25, 2010. No. 558).
The organization's staffing table is stored at the place of development and approval, while all proposals, conclusions and reference documents related to the development and approval of the staffing table are stored for at least five years.
A similar storage period is established for draft staffing schedules (clause 72 of the “List”), while correspondence related to the development of the document is stored for only three years (clause 73 of the “List”).
- date from which changes are made;
- number of excluded staff positions.
- names of excluded positions;
not provided, since these positions are not occupied 3.
- Creating an order to exclude specific staffing positions or to approve a new staffing table, which will not include the positions being reduced
- Notifying employees of the intention to make redundancies;
Written notification to employees at least 2 months before the date of entry into force of the new staffing table/changes made to it (Part 2 of Article 180 of the Labor Code of the Russian Federation)
Positions on the staff list
There are quite a large number of job titles, but they are all divided into:
- basic - enshrined in the Qualification Directories;
- arbitrary - invented independently or derived from basic ones.
When drawing up a schedule, workers should be assigned basic job titles, as this will simplify the procedure for receiving benefits and pensions.
Resolution of the Ministry of Labor No. 29 explains that derived names can be recognized as basic ones if they are based on the basic name specified in the Classification Directory.
Part-time workers are also indicated in the documentation. You can do it like this:
- Indicate in the appropriate column that the employee works at 0.4 times the rate (this is explained by the fact that a part-time employee cannot work in this position for more than 16 hours a week). Payment is indicated as actual, not full rate.
- It must be stated that the worker is employed full time and the salary is noted as full. But, the employment contract specifies the conditions for carrying out the activity - the employee is hired to work part-time.
- A corresponding note is also made in the “Notes” column.
Document optimization
In order to increase the efficiency of the organization, it is necessary to periodically optimize the schedule, which is the identification of unnecessary functions, the correct distribution and use of working time, and the degree of workload of workers.
The result of optimization is often a reduction in staff, but at the same time the employer retains only those workers who are able to work effectively and perform certain duties to the maximum. Accordingly, optimization is the best way to increase the efficiency of an organization.
In accordance with federal law number 98, the staffing table does not apply to the list of documentation that contains trade secrets.
Thus, the employer does not have the right to include in the List of information constituting a company’s trade secret, information about the availability of vacancies, headcount, payment system and other information. Accordingly, it is not acceptable to apply the concept of “trade secret” to this primary documentation.
Find out everything about staffing in the video:
https://youtu.be/k04Jf3rVQdY
How many years is the staffing table kept in an organization?
The staffing table is one of the most important HR documents in an organization. A more complete overview of the necessary set of personnel documents using the example of an LLC can be found in our article at the link: Necessary personnel documents from scratch for an LLC.
The question of how long to keep the staffing table is of particular importance both for optimizing personnel work and for preventing negative legal consequences.
The retention periods for the staffing table are established by clause 71 of the list of standard management archival documents generated in the course of the activities of government agencies, local governments and organizations, indicating the storage periods, approved. by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558 (hereinafter referred to as the list).
According to the list, the retention periods for the staffing table are as follows:
- permanent storage - for organizations where the schedule was developed and (or) approved;
- 3-year storage - for other organizations.
Within the retention period of the staffing table, the organization must ensure the issuance of a copy of the staffing table to persons who have the right to receive such documentation, in particular to LLC participants (resolution of the 8th Arbitration Court of Appeal dated October 12, 2010 in case No. A46-1925/2010).
Also, according to the list, the following storage periods for documents related to the schedule are established:
- draft schedules, certificates and conclusions - 5 years;
- correspondence on schedule development - 3 years;
- staffing arrangements (staff list) - 75 years.
Consequences of non-compliance with the retention period of the staffing table in the organization
During inspections, government agencies have the right to request documents whose storage period has not expired, including staffing schedules. Responsibility for premature destruction of documents and their failure to present them to inspectors is as follows:
- in accordance with Art. 13.20 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), the liability of officials for violating the standards for storing archival documents is 300–500 rubles; liability for violation of requirements for storing documents for certain types of organizations is also established by Art. 13.25 Code of Administrative Offenses of the Russian Federation;
- Failure to provide documents and thus obstructing the inspection may result in liability under Part 1 of Art. 19.4 of the Code of Administrative Offenses of the Russian Federation (RUB 2,000–4,000 for officials), and for failure to provide information - under Art. 19.7 Code of Administrative Offenses of the Russian Federation (300–500 rubles for officials and 3,000–5,000 rubles for legal entities).
If the staffing table is lost, the organization must take measures to restore it. The mere fact of loss of a document does not relieve the company from the obligation to present it if such a requirement is based on the law (resolution of the 9th Arbitration Court of Appeal dated March 28, 2017 No. 09AP-6389/2017 in case No. A40-192199/16-45- 1661).
The need to store the staffing table and take measures to restore it is due, in particular, to the fact that this document can be evidence in disputes about the assignment of pensions (appeal ruling of the Bryansk Regional Court dated May 16, 2017 No. 33-1954/2017).
So, the legislation establishes the need, as a general rule, for permanent storage of the staffing table, as well as the storage periods for related documents, such as the draft staffing table and documents for its development, correspondence on the approval of the staffing table, and staffing arrangements.
Premature destruction or loss of such documents requires the company to take measures to restore them. Failure to submit staffing schedules and related documents to government agencies and other persons entitled to receive them may result in prosecution.
Is it necessary for an organization to have
To date, not a single regulatory act regulating the relationship between an employee and an employer contains any indication that the existence of the act in question is mandatory. In addition, the previously mandatory unified form T-3 has become recommended for use since 2013.
Thus, it is definitely impossible to answer the question about the organization’s obligation to approve the ShR. In fact, the absence of this document does not constitute any violation of labor laws.
From time to time, regulatory authorities impose very serious fines on legal entities (up to 50 thousand rubles) for the absence of this document. However, these decisions can easily be appealed to the courts.
However, the Labor Code of the Russian Federation contains references to the form in question. Yes, Art. 57 of the Labor Code of the Russian Federation defines the concept of a labor function, which is an essential condition of the contract between an employee and an employer, including direct work in accordance with the staffing schedule.
In addition, often regulatory authorities, including the Federal Tax Service, the Social Insurance Fund and the Pension Fund of the Russian Federation, require the provision of documents related to personnel records , since they may contain information relevant for taxation and the calculation of insurance premiums. This document, first of all, may be the staffing table.
Thus, the presence of SR in the organization is not mandatory, but recommended.