Application for a work book for the first time: sample 2020

Publication date 01/28/2020

In accordance with the amendments made to the Labor Code of the Russian Federation by Federal Law No. 439-FZ dated December 16, 2019, starting from 2020, employers received the right to issue employee work books in electronic form (Article 66.1 of the Labor Code of the Russian Federation).

This format has a number of advantages over the traditional paper version. Firstly, it is impossible to lose an e-book.

The information will be stored on a server, and the employee or employer will be able to access it online. In addition, employers are freed from the need to purchase, register, maintain and store paper work books.

Time frame for switching to an electronic work record book

The start date for the transition to electronic work books is set at January 1, 2020. Throughout 2020, the transition to an electronic work record book will be voluntary. Citizens already employed and hired during 2020 will be able to independently choose whether to continue using the paper version of the book or switch to an electronic one. Those who get a job for the first time from the beginning of 2021 will no longer have such a choice. Their work records will immediately be maintained electronically.

Articles on the topic (click to view)

• What should an employee do if the employer has lost his work book?
• Work book for transfer to another position: sample 2020
• Work book certified by the employer for the bank: sample 2020
• Validity period for a copy of a work book for a bank
• Information about disciplinary sanctions in the work book
• The employee does not want an electronic work record book
• Example and procedure for filling out an electronic work book

What information will be in the electronic work book?

The electronic work book must contain the entire list of information that is entered into its paper version, namely:

• FULL NAME. employee;
• place of work;
• work periods;
• position (profession, specialty);
• qualification (rank, class, category, skill level);
• dates of hiring, dismissal, transfer to another job;
• grounds for dismissal.

How can an employee obtain information from a work record book?

The employee periodically needs information from his work record book. For example, to get a loan, to pass an interview, etc. If, in the case of a paper version of a work book, an employee needs to request an extract from it from the employer, forcing him to do additional paper work, in the case of an electronic document, this process has become simpler. Information from the electronic book can be obtained (Article 66.1 of the Labor Code of the Russian Federation):

• at the last employer;
• upon request to the Pension Fund or MFC;
• in your personal account on the Pension Fund website or the State Services portal.

Upon employment, the employee will be able to present the employer with an electronic work book either in printed form or in electronic form with a digital signature. The issue of providing an electronic work record book to other organizations (banks, consulates, etc.) remains unresolved today. We believe that this issue will be resolved by amending the regulations, or employers will have to submit copies in electronic form (signed with the employer’s electronic signature) or printed on paper.

How to switch to using an electronic work book?

To switch to electronic work books, the employer must take a number of actions and make changes to some local documents. Let's look at these actions in more detail.

Notify employees about the introduction of electronic work books

First of all, it is necessary to convey to employees information about the possibility of transferring information from a paper work book to an electronic one, as well as their right to keep a paper work book. To do this, an appropriate document (for example, a notice) should be issued and all employees should be familiar with it. This can be done in accordance with the general procedure established for familiarizing workers with local regulations. Each employee who has read the text of the notification must confirm this by affixing a signature either on the notification itself or on the notification sheet. The deadline is June 30, 2020 inclusive (Clause 4, Part 1, Article 2 of Federal Law No. 439-FZ of December 16, 2019).

Receive an application from the employee to save a paper work book or to maintain an electronic work book

No later than December 31, 2020, employees must write to the employer an application to retain a paper work book or to switch to an electronic work book. Information about the application submitted by the employee is included in the information about his work activity transmitted to the Pension Fund of the Russian Federation (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

The application is drawn up in any form, which the employer can develop independently.

If the employer has received such a statement from the employee, he is obliged to maintain his paper work book according to the old rules, as well as an electronic work book. The employee’s right to maintain a paper work book will remain with him even when moving to other employers, while he retains the right to refuse it and switch to an electronic work book (Parts 4, 5, Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

Employees who want to completely switch to an electronic work book must also contact their employer with a corresponding application.

This is important to know: How can you confirm your work experience without a work book?

Electronic work books are maintained from the date of application. In this case, a paper work book is handed over to the employee. It is necessary to make an entry in the paper work book that the employee has submitted an application for the employer to provide him with information about his work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation (Part 3 of Article 2 of Federal Law No. 439-FZ of December 16, 2019).

The procedure for making such an entry is not established by law. In our opinion, the entry might look like this:

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)

Name, date and number of the document on the basis of which the entry was made

Closed Joint Stock Company "Magnit" (ZAO "Magnit")

Recruited to the legal department as a lawyer

Order dated October 7, 2019 No. 358

An application was submitted to provide information about labor activity in accordance with Article 66.1 of the Labor Code of the Russian Federation.

Statement dated 01/31/2020

HR specialist Perova M.I. Perova

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

If during 2020 the employee did not submit any of these applications, his work record book should be kept on paper simultaneously with the electronic form (Part 2 of Article 2 of the Federal Law of December 16, 2019 No. 439-FZ).

Employees who did not have the opportunity to contact their employer with these applications before 12/31/2020 can do so at any other time after this date. Such employees include:

• employees who, as of December 31, 2020, were not fulfilling their job duties, but they retained their place of work, including for the period of: temporary disability;
• vacations;
• suspension from work in cases provided for by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation;

For employees starting work for the first time, starting from 01/01/2021, paper work books will not be issued. Information on the labor activities of such employees is maintained exclusively in electronic form (Part 8 of Article 2 of Federal Law No. 439-FZ of December 16, 2019).

Make changes to local regulations, collective and labor agreements

First of all, an audit of internal documents, local regulations, collective and labor agreements that regulate the procedure for registration, maintenance and storage of employee work books should be carried out. If necessary, changes should be made to such documents to allow work records to be kept not only in paper, but also in electronic form.

In particular, changes may require:

• Book of accounting of the movement of work books, their forms and inserts. If an employee refuses to use a paper work book, there will be no need to keep records of it. After the paper book is issued to the employee, the date of issue of the work book to the employee, as well as the employee’s receipt of the work book, must be entered in the Book of Records of the Movement of Work Books.
• Regulations on the maintenance and storage of work books. Some organizations formalize the procedure for filling out, maintaining and storing work books in the form of an independent local regulatory act. This document is optional and can have any name. However, if the organization has such a document and it provides for the possibility of maintaining work books only on paper, changes should be made to it, according to which the work book can also be electronic.
• Labor and collective agreements. Including conditions on the procedure for maintaining work records in the text of an employment contract is practically not practiced. However, if the contract still contains such a condition, you should check whether it contradicts the new rules for drawing up work books and, if necessary, change it. Read more about how to make changes to an employment contract here. The procedure for changing the terms of a collective agreement can be found in this article.
• Other local regulations and documents containing rules for drawing up work books. The conditions contained in such documents must be brought into line with the new rules for issuing electronic work books.

Changes to a local regulatory act are made in the same order in which it was adopted. For example, if, in order to adopt a local act, the head of the organization issued a corresponding order, signed it, after which the employees were familiarized with its text, changes are made in the same order: 1) issuing an order to amend the local normative act; 2) signing of the order by the manager; 3) familiarization of employees with the text of the order to make changes.

If, in order to adopt a local act to which changes are made, taking into account the opinion of the representative body of workers (trade union) is mandatory, changes to it can also only be made in compliance with the procedure for taking into account the opinion of the trade union (Part 2 of Article 8, Article 372 of the Labor Code of the Russian Federation).

Transfer employee data to the Pension Fund

In connection with the introduction of electronic work books, employers are required, from 01/01/2020, to submit information about the labor activities of employees to the Pension Fund of Russia. The corresponding changes were made to Article 11 of the Federal Law of April 1, 1996 No. 27-FZ on persuance accounting by the Federal Law of December 16, 2019 No. 436-FZ.

This is important to know: Information about disciplinary sanctions in the work book

Reporting must be submitted in the form SZV-TD, approved. by resolution of the Pension Fund Board of December 25, 2019 No. 730p.

If the number of employees for the previous reporting period (month) does not exceed 24 people, information can be submitted to the Pension Fund either on paper or in the form of an electronic document signed with an enhanced qualified electronic signature. If there are 25 or more employees - only in electronic form with an enhanced qualified electronic signature (clause 2.6 of Article 11 of the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system (hereinafter referred to as Law No. 27 -FZ)).

From 01/01/2020, information must be submitted to the Pension Fund no later than the 15th day of the month following the month in which any of the following events took place (clause 1, clause 2.5, article 11 of Law No. 27-FZ).

• recruitment;
• transfer to another permanent job;
• dismissal;
• the employee submits a statement that he asks to continue to keep a paper work record book for him;
• an employee’s application to provide him with information about his work activity.

Thus, information must be submitted to the Pension Fund for the first time no later than February 15, 2020 for January 2020.

From 01.01.2021, a personal reporting form will need to be sent to the Pension Fund (clause 2, clause 2.5, article 11 of Law No. 27-FZ):

• in the case of filing an application to continue maintaining a paper work book or an application to provide information about labor activity (switching to maintaining an electronic work book), as well as in the case of transfer to another permanent job - no later than the 15th day of the month following the month in which you had place of transfer to another permanent job or submission of an appropriate application;
• in case of hiring or dismissal - no later than the working day following the day of issuance of the relevant order (instruction), as well as other decisions or documents confirming the formalization of the employment relationship.

In addition to submitting information to the pension fund, the employer is also responsible for providing information about the employee’s work activities. In addition, the employee has the right to request such information from the database of the Pension Fund of the Russian Federation. Information about the employee’s work activity is provided upon request using a separate form. Initially it was planned that this would be the SZI-TD form, the draft of which the Pension Fund had previously published on its website, but later the Ministry of Labor published a draft order approving other forms:

• for filling out by the employer - form STD-R “Information on labor activity provided to the employee by the employer”;
• for filling out by the Pension Fund of Russia - form STD-PFR “Information on labor activity provided from the information resources of the Pension Fund of the Russian Federation.”

At the moment, the forms have not been officially approved.

What punishment is provided for failure to provide information about work activity or its unreliability?

Failure to provide information about labor activity or submitting it in violation of the deadline threatens to bring administrative liability for violation of labor legislation, that is, under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (clause 9 of Article 1 of the Federal Law of December 16, 2019 No. 436-FZ).

In addition, the draft amendments to the Code of Administrative Offenses of the Russian Federation provide for the responsibility of the employer for repeated (twice or more times during the year) violation of the deadlines for submitting information about work activity to the Pension Fund of the Russian Federation in the form of a warning to the official.

Is it possible to issue the original work book?

In general, the work book is returned to the employee on the day of his dismissal (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).

Another case when an employee has the right to receive the original work book is when the employee needed the work book for the purpose of his compulsory social insurance (security) (Article 62 of the Labor Code of the Russian Federation).

In other cases, when an employee needs a work book, the employer must issue a certified copy or an extract from the work book. This must be done within 3 working days from the date of receipt of the relevant written application from the employee.

The employer does not have the right to issue the original work book instead of a copy at his own request or at the request of the employee.

Hiring without a work book. Device under contract | Suvorov Group

If we talk about applying for a job without a work book, then we immediately understand that we are talking about work without official registration (employment). A work book allows you to obtain work experience to receive a pension in the future.

• What are the advantages and disadvantages of employment without official registration?
• What is the responsibility of the employer and employee before the law?

These issues are relevant for both parties (employer and employee).

Hiring without a work book

Among all the documents required when employing an employee, there must be a work book. The absence of a work book for an employee is permissible by law only in two cases:

• when employed as part of an external part-time job (their document is stored at their main place of work);
• during initial employment (or the work book was lost).

In each of these situations, hiring an employee without a work book is carried out differently. Let's try to figure out together what hiring without a work book entails for an employer, and in what cases the law allows the absence of this document during employment.

Opportunity to get a job without a book

An employee has the opportunity to get a job without a work book if this is initial employment. Then the employer creates a work book for the employee. Citizens who are getting a job for the first time: graduates of educational institutions, minors, and people not working for some reason.

From 2020, information about an employee’s work activity and length of service will be accumulated in the information system of the Pension Fund of the Russian Federation. Here, employers will have to transmit information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract.

Other cases are also possible when applying for a job without a work book; these are labor agreements, which are essentially employment contracts or a type of contract.

Hiring an employee who has not previously worked

• “Rules for maintaining and storing work books”, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003, oblige the employer to create a work book within 7 days for each employee who has not previously worked anywhere and is employed at the first main place of work.
• The employee must submit a written application indicating that this place of work is the first in his work activity.
• The employer endorses the application and draws up a work book, indicating its details (serial and serial number of the issued form, date of issue), after which the application is filed in the employee’s personal file.
• Individuals who are not individual entrepreneurs do not have the right to draw up, store and maintain work books.

Legal requirements for a set of documents when applying for a job

Article 65 of the Labor Code of the Russian Federation establishes a list of documents that the applicant must provide to the employer. These should include:

• employment history;
• identification document;
• education document;
• document on military registration;
• SNILS, etc.

Hiring an employee without a work book due to its loss

The law allows for hiring without a work book if the employee has lost it or has lost it due to some insurmountable circumstances.

An employee can apply to his new employer to issue a new work book due to its loss, damage (Article 65 of the Labor Code of the Russian Federation), etc. For such situations, a special procedure has been established for issuing a new work book for an employee:

• the applicant writes a separate application for a new work record form to be issued to him simultaneously with the application for employment, indicating the reasons (loss, theft, etc.) as the basis for issuing a new form.
• the employer must draw up a new work book and notify the employee of this against his signature (the mark is placed on the employee’s application, which is filed in his personal file);
• a new work book form is provided by the employer, with subsequent deduction of its value from the employee’s salary.

The new employer is not required to include information about the employee’s work activity for the period preceding the issuance of a new book on the form, although this is not prohibited by law. If there are supporting documents about previous places of work, this information can be entered into a new work book. The new work book has the same legal force as the original lost by the employee.

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

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

https://youtu.be/nw_W_xxIgWA

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

Employment with an insurance certificate, but without a work permit

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

It includes:

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

Issuance of a work book at the request of an employee

When an employee resigns, a work book should be issued to him automatically. That is, the employee does not have to write any applications to receive it. But a different situation is also possible. For example, on the day of termination of the employment contract, the employee was absent from work or refuses to receive a work book. In this case, the employer must send the employee a notice of the need to come for a work book or agree to send the book by mail. Accordingly, the employee can convey such consent to the employer.

How to write an application for the issuance of a work book in person

An application for an original work book is drawn up in any form. It is addressed to the head of the organization, contains the full name, position of the employee, his request to issue a work book, as well as the reason why the work book is being requested.

We will provide a sample form for an employee’s application for the issuance of a work book.

Questions about obtaining a work book (LC) arise not only when applying for the first job, but also when the document is lost. Information about employment must be recorded for every officially working citizen, as it will be necessary to assign a pension or confirm work experience.

Where can I get a copy of my work book if it’s lost?

But first things first. A work book is an official document, but you do not need to visit any special authorities to register and fill it out.

: how to get a? Rules for issuing and storing work books: how to receive and fill out The legislation defines only two grounds for issuing work books: to those who are starting to perform a labor function for the first time, and to those who need a duplicate document if the original is lost or damaged.

When issuing a document, fill out its title page and the columns about the first place of work.

Where to get it and what is it for?

Within the meaning of Article 66 of the Code, the main document confirming the places and periods of work is. There have been many statements from legislators that it is time to abolish them in the age of information technology, but preference is still given to paper documents with live seals and signatures of employers.

Application for issuance of a work book for the first time

The application is drawn up in free form or on the company’s internal letterhead. It is important to note in the text that the document is drawn up in connection with initial employment. This is not a mandatory document, but most businesses prepare it for internal reporting. Sample application:

The cost of labor costs is deducted from the wages of the employed person.

The procedure for storing and recording work books

The TC is stored at the person’s main place of work. Storage conditions must ensure complete safety of the forms and the information contained therein. In order to control the safety, the organization maintains a book recording the movement of work books. It contains information about the issuance or receipt of documents.

If an employee needs to provide a Labor Code to a third-party organization, the HR department can prepare a copy or an extract with the necessary information. If there is a need to temporarily receive the original, the personnel officer will ask the employee to issue a receipt for receipt of the work book, a sample of which can be seen below. Thus, the organization relieves itself of responsibility for the safety of the document for this period.

The original TC is returned to the owner only upon dismissal. As a rule, the document is handed over in person, but if necessary, the employee can issue a notarized power of attorney for a representative to receive a work book using this example:

If neither the employee nor his representative appears at the HR department on the day of dismissal, the employer is obliged to notify the employee of the need to pick up the original document by sending an appropriate notice.

Why do you need a work book?

According to Art. 66 of the Labor Code of the Russian Federation, it is assigned the following functions:

it reflects information about a person’s length of service and experience from the moment of his first employment until retirement;

allows you to find out why a person left his previous job;

contains information about the availability of awards for conscientious work

Only a HR specialist can make entries in it. The title page is completed in the presence of the owner of the document. To confirm the correctness of the entered data, he puts his signature.

So, to get this document, you need to get a job.

What documents are needed to complete the form?

For initial registration, the following documents must be submitted to the HR department of the enterprise:

— passport or birth certificate;

— a diploma of education or a certificate from an educational institution, if the person is a student.

This data is indicated on the title page of the document.

How to apply for a work book for the first time, sample

Purpose of the document

Every citizen has the right to receive a work book after he first enters into an agreement with an employer. This document contains information about the name of the organization, the position held by the employee, the start and end dates of work in the company. When the employer changes, appropriate changes are made to the book, after which it is transferred to the personnel department or accounting department of the new employer, where it is stored until dismissal.

In the course of work, there is often a need to create a new one, restore or make corrections to the entries made in the work book.

It may be necessary to make a work book or correct entries in it in the following cases:

• You need a document that reflects the required experience in a specific field or in a specific position.

In what order are entries about work entered into the document?

The correct execution of a work book looks like this: the first column contains the entry number in order, the second - the date. The following is information about acceptance to a specific position. The fourth column records the reasons for making the entry. For example, an order for employment.

It is a strict reporting form, therefore, after filling out, it is registered in the labor book movement journal. It indicates the number and series of the document and information about the employee. The form is kept in the HR department until the employee is dismissed.

Questions and answers

1. The employee turned out to have lost the insert in his work book. How to restore it?

Answer: Restoring the insert in the work book is carried out in the same manner as restoring the work book, i.e. it is necessary to be guided by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” (with amendments and additions).

1. Can I get a job without a work book if I enter into a contract with an organization?

Answer: If an employment contract is concluded between you and the employer, employment without a work book is impossible. If a contract is concluded between you and the organization, a work book will not be issued.

1. I'm on maternity leave. Can I get a part-time job without obtaining a work book?

Answer: In this case, employment does not require registration of a work book, because
We are talking about part-time work, but you must remember that when working part-time, you cannot work full-time. Rate the quality of the article. Your opinion is important to us: