Until February 17, 2020, all companies must submit the first reports on their employees as part of the abolition of paper work books and the transition to submitting reports to the Pension Fund of the Russian Federation in electronic form. How to do this correctly, explains the famous Russian labor law expert Valentina Mitrofanova.
Recently, the Pension Fund of Russia approved the form, the procedure for filling out and the electronic format of the report on the labor activity of employees instead of the paper work books that are going into oblivion. You will have to use the form called SZV-TD from 17 February.
Valentina Mitrofanova
Founder and head of the IPK Group (Institute of Professional Personnel Officer, IPK Consulting). More than 20 years of experience. Practicing consultant in the field of HR administration and labor legislation, a leading Russian business coach. Has two higher professional educations - economic and legal. PhD in Economics. Extensive experience of participation in inspections conducted by the labor inspectorate, FSS, Pension Fund, tax inspection, etc. Experience in judicial practice on labor disputes both on the part of the employer and on the part of employees.
Let me remind you of the main steps that personnel officers should take in 2020 in connection with the transition from a paper work book to the submission of reports on the labor activity of employees in electronic form. The new FZ-439, the so-called law on the abolition of work books, entered into force on January 1, 2020. It provides a roadmap that describes what HR personnel should do under this law.
First of all, it is necessary to revise local regulations. For many, these are internal regulations, which usually indicate what documents the employee presents when hiring, what documents the employer issues to him upon termination of employment, the internal service provision, job descriptions for those who work with work books, etc. etc. But, perhaps, there are other local regulations. So they need to be edited.
That is, all those local regulations that mention the procedure for working with a work book must be revised and adjusted. If your work book is mentioned in your regulations, then everywhere you will need to make a technical correction like the one used in official documents: where the work book was previously written, now either "and" or "or" should be written important - information confirming employment in accordance with Art. 66.1 TC. If your local regulations do not need such an adjustment, then I recommend documenting this in the form of a memo or in the form of an act for inspection commissions.
The next step is to ensure the technical readiness of the company to transfer reports to the Pension Fund on the length of service of employees in electronic form. The PF website contains the requirements that must be observed for technical support. I think that companies that already work with electronic reporting should not have any problems.
One of the main duties set for the employer this year is to issue notifications to employees. This is not a collective notification, but a personal one. That is, every employee of the company must receive a notification from the HR department by June 30, 2020.
An important point of this notice is the content. It is necessary not only to inform that by the end of the year the employee must decide whether he wants the employer to keep his work book in paper form or whether it is enough for the company to submit information about his work record in electronic form, it is necessary, according to the law, to notify the employees of all changes that occur in legislation and are associated with the abolition of paper work books. That is, this notification should be informative so that people understand what is happening with the system, how it will work, how they will now confirm their work experience, what will happen when the employee refuses to maintain the paper version. The law requires this in order for the employee to make a deliberate decision in terms of maintaining or not keeping a paper work book. We all understand that for people this is a situation of a certain discomfort.
The country with a work book has lived for more than 100 years, the first appeared in 1918. Until now, this has been the main document that confirms seniority, preferential service, and the right to a pension. Going through the cancellation now is a rather serious event for many people in the country, so personnel officers must remove these fears, explain the situation in this very notification. The deadline for this is set quite sparing, no one forbids starting to issue notifications today, not waiting for the end of June. I would recommend starting to do this now, simply because this topic will appear in the media and people will still come to personnel officers with questions about what is happening, asking for advice.
Whether it is necessary to register the issuance of such notifications remains at the discretion of the company and depends on which document flow and registration system is already in place in the company. If you think that you will protect your interests by issuing two notifications - both under the signature of the employee and leaving one for yourself - you can do that.
Please note that in the notification we write not only that the legislation has changed, but most importantly, we tell the employee that he must make a choice: either refuse to keep a paper work book, or notify the personnel department so that he continues to keep a work book in paper form. At the same time, the law is formulated in such a way that the employee does not make a choice in favor of a paper work record book or electronic submission of data to the Pension Fund. In electronic form, data will be submitted for everyone, regardless of whether a paper version of the work book is kept. That is, the employee's choice is only whether to continue to keep a work book in paper form or the HR department can return it to him.
With regard to technical issues. Be sure to tell people how they should apply for their choice, who in the company is responsible for making it. For simplicity, I would even advise making such applications forms, because people will still come and ask how to do this. The main thing is that employees understand the procedure, where to carry the application, to whom to give it, so that the procedural issue is resolved.
The employee has the right to submit such an application before the end of the year, and by law until December 31, 2020 inclusive. Moreover, not only the person who wants to give up the work book, but also the one who wants it to continue to be kept, must write such statements. The HR department does not need to collect from all applications until December 31st. The law says that if the employee has not submitted an application before this deadline, the HR department continues to maintain a paper version of the work book. That is, this is the default choice.
When receiving a statement from an employee about the refusal of a paper work book or its abandonment, it is better for the personnel department to register it, because information about the choice will need to be provided to the PF, it will be recorded in the person's electronic work book.
If an employee refuses a paper work book, then the personnel department issues it to him. Here there is some controversy when to issue if the application was written, for example, in February 2020, and according to the law, he can submit it before December 31. That is, to issue it immediately or wait for the end of the year? There is no answer in the law, but I do not see a big problem in this. If the employee wrote that it is no longer necessary to maintain a paper version, then he will not have a way back. That is, a person who has chosen to maintain a paper version can refuse it at any time, and if a person has refused a paper version, then he has no right to return everything back.
The initiators of the project believed that by 2021 more than 80% of employees will abandon the paper work book, I am a pessimist and I am inclined to believe that, on the contrary, 80% will choose the paper version because of their habit and fear of digital technologies, if anything - you you are deprived of a document confirming your work experience.
From January 1, 2021, new paper work books will not be issued for people who are hired. But there will remain the institution of registration of inserts in work books, so do not rush to throw them away. We still issue duplicate work books, if there is a loss, we cannot refuse the work record book, because even if everyone in the company refuses them, it may happen that next year a person will come to work for you with a paper work book.
The employee to whom we issue a work book is recorded that he has submitted an application. I hope that the Ministry of Labor will give a form or an explanation of how this should be done, but even if it does not, I recommend that you proceed in the same manner as you close your work book upon dismissal.
Also, personnel officers are waiting for a certificate form approved by the Ministry of Labor, which the company will have to issue to an employee upon dismissal. There is a project, but its approval is required.
In addition, this year, the development of the algorithm for submitting information to the PF about the work experience of employees in electronic form begins. In fact, we enter information about our employees into the information base of the FIU. So, in 2020, by the 15th day of each month, we will submit information only for those employees for whom there were some changes in the previous month.
Let me explain, as they say, on my fingers: January 2020, a company employing 100 people hired Ivanov, fired Petrov and transferred Sidorov to another job. The first deadline for submitting information is until February 15, but since there are days off, the deadline is shifted to February 17. We only submit information for three employees. But we serve specifically. On Ivanov, we submit information only about the admission. Regarding Petrov, we submit all the information about what happened to him in our organization while he worked in it: that is, when he was accepted, what translations he had, including information that in January 2020 he was fired. For Sidorov - as well as for the dismissed, all the information, starting with hiring. We will also indicate in this reporting about the applications submitted by the employee, including whether he left or refused to maintain a paper work book.
Thus, in 2020, by submitting information every month, the majority of employees will be entered into the database. Nevertheless, if suddenly for 2020 some of your employees will not be included in any of the monthly reports, then submit information about them - when they were hired, what were the transfers, etc. - will be needed until February 15, 2021. And I would advise you to establish control over whether the information for each employee was transferred to the PF or not, in order to understand who else will need to be reported before February 15, 2021.
The fun begins in 2021. The HR department will continue to submit reports on a monthly basis until the 15th, but they will only contain information on transfers and submitted applications, but information on hiring and dismissals will need to be submitted online, that is, the day after the documentary hiring or dismissal are issued. It is interesting that this project is being held under the auspices of simplifying personnel work, and in fact, only this year, the volume of work will increase by 5-7% due to the new reporting form, notifications, statements, and in 2021 - by 10-12%, therefore that information about appointments will be submitted online, monthly about transfers, the history of keeping work books for those who leave them will continue. You need to be prepared for this.
In just a few words I will describe the logic of the new system. There is a unified information base to be maintained by the FIU. Information from employers about appointments, transfers, dismissals, and the assigned ranks will be collected there. How can an employee who does not keep a paper work book confirm his seniority in a new job? He will need to take a certificate (Article 66.1 of the Labor Code) from any of the three bodies that use the data of the PFR database: in the PFR itself, in any MFC, on the website of public services. The only difference is in the form of the certificate: in the MFC it will be a paper certificate with a seal, in the Pension Fund the certificate can be both paper and electronic, on the website of public services - only electronic.
There is one more question that I really want to get an answer to, but it is not yet available. Where will the information about the employee's previous experience come from in a single PF database? It is clear how the information about his current experience will get there, the current employer will enter this information there. Who will contribute the previous ones? We hope that this year we will receive clarifications on this issue from the FIU.
Order of April 18, 2016 No. 708-r. The bill proposes to amend the Labor Code, providing for the regulation of labor relations with employees working for employers - individuals who are individual entrepreneurs who belong to the category of microenterprises. The specifics of labor regulation of persons working in organizations that belong to the category of micro-enterprises are established. The adoption of the bill will help to increase the level of protection of labor rights of workers by formalizing labor relations with them in accordance with the procedure established by labor legislation and reduce the risks of imposing sanctions on employers who belong to the category of micro-enterprises for violating labor laws.
The draft federal law "On Amending the Labor Code of the Russian Federation regarding the specifics of labor regulation of persons employed by employers who belong to the category of microenterprises" (hereinafter referred to as the draft law) was developed by the Ministry of Labor in pursuance of the instruction of the President of Russia following a meeting of the State Council on and medium-sized businesses on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph three of sub-clause "b" of clause 4) on the preparation of proposals for the use of a standard form of an employment contract in micro-enterprises instead of personnel records management.
The bill proposes to amend the Labor Code (hereinafter - the Code), providing for the regulation of labor relations with employees working for employers - individuals who are individual entrepreneurs who belong to the category of micro-enterprises, as well as supplement the Code with a norm establishing the features of labor regulation of persons employed in organizations that are classified as microenterprises.
The bill provides that an employer classified as a microenterprise in accordance with the law may not adopt local regulations containing labor law norms. In this case, the terms and conditions that, in accordance with the Code, are regulated by local regulations, must be included in the employment contract, the standard form of which is approved by the Government.
In addition, the bill provides for the possibility, by agreement of the parties to the employment contract, not to enter information about work for such an employer in the employee's work book, and when concluding an employment contract for the first time, not to draw up a work book. In these cases, upon dismissal, an entry is made in the employment contract about the date and grounds for termination of the employment contract. By agreement of the parties, the place of storage of the work book is also determined (with the employee or with the employer).
In the event of a change in the category of the employer in accordance with the legislation to bring labor relations in line with the requirements established by the Code, the draft law proposes to establish a four-month period from the date of the change in the category in the unified state register of small and medium-sized businesses.
The adoption of the bill will help to increase the level of protection of labor rights of workers by formalizing labor relations with them in accordance with the procedure established by labor legislation and reduce the risks of imposing sanctions on employers who belong to the category of micro-enterprises for violating labor laws.
The draft law was considered and approved at a meeting of the Government of the Russian Federation on April 14, 2016.
It did not happen suddenly and began a long time ago:
By 2012, it is planned to abolish work books
Labor books are planned to be canceled by 2012.The Deputy Head of the Ministry of Health and Social Development of Russia spoke about this at a press conference on the topic "Modernization of the labor legislation of the Russian Federation" Alexander Safonov... "The work book should be canceled. It is the employment contract that is the most effective method of protecting the employee's rights," he stressed.
An employment contract, in his opinion, can almost completely replace an "outdated" work book. So, for the appointment and calculation of pensions, it is no longer needed - there is a PFR account, and the awarded qualification can be confirmed by a diploma.
Wherein Safonov noted that they will get rid of work books gradually, with the introduction of the so-called transitional period. For example, those who have been working since the 90s with a work book - even if they are finalizing it, but those who, after the 2000s, may refuse it, the official gave an example. It is important that during the transitional period (and it can be up to 10 years) the employee himself will be able to decide whether he needs a work book or not. In many ways, this is, of course, a matter of habit. As told Safonov, work books are not used abroad, they have survived, perhaps, only in Russia and the CIS countries.
Corresponding changes to the legislation are planned to be made by 2012... They will not have time to deal with this issue quickly, because, as rightly noted Alexander Safonov, for the autumn and spring sessions of the State Duma, and so it is planned to consider too many important bills.
The development of electronic technologies does not stand still, every year they take an increasing place in society. This applies not only to technology and gadgets, but also to almost all spheres of modern life.
So, in many advanced countries of the world, electronic document management has already been introduced, while all the main documents containing information about citizens have been digitized. Our state has also been actively developing this area in recent years.
Gradually, there is a rejection of the traditional workflow. So, they have already stopped issuing paper certificates of ownership of residential premises, pension certificates, SNILS cards. In the future, it is planned to stop issuing paper passports and replace them with plastic cards with a chip, which will contain all the necessary information about the citizen.
In this regard, the question arises about the possibility of canceling other paper documents, in particular work books. Plans to withdraw them from the workflow have been around for a long time, but how are things going at the moment? This is what will be discussed below.
Employment history is a basic document made on paper, which every working citizen of the Russian Federation must have. It contains information about the professional activities of the owner.
The circulation of this document has a long history in our country. It appeared almost simultaneously with the Soviet regime. According to the law of those times, every worker was obliged to have a work book. Some time later, this document became necessary for non-working citizens. He then served as an ID card.
Reference! The Soviet peasants on collective farms did not have this document for a long time. Only in 1975, a specially designed paper for collective farmers appears.
Labor books have repeatedly changed in their design and order of execution. After the collapse of the USSR, Soviet-style books were issued for a long time on the territory of the Russian Federation. Since 2004, citizens who are just starting their labor activity must have a new document. Soviet labor, with all this, continued their circulation, no replacement of them (except for those cases when a duplicate document was issued due to its loss or damage) did not produce. If the space in the old-style document runs out, then a corresponding insert is purchased for it.
Document functions
It performs several important functions at once, among which the following should be highlighted:
- Fixation of a citizen's professional activity... The document must include information about the education of its owner, qualifications, places of work and positions held. In addition, the labor book contains information about the employee's incentives (previously, records were made about disciplinary sanctions) and the grounds for dismissal. Thus, the document in question is the main source of information on labor activity, work experience and professional qualifications of a citizen.
- Definition of seniority. A work record book or its certified copy is often required to confirm the length of service, both general and at a specific place of work. This document is required in the pension fund for the appointment of appropriate payments, in the social protection authorities when assigning certain benefits, in employment centers, etc.
Myth and reality about the abolition of work books
Increasingly, there is talk that work books can be canceled. At the same time, practically no information is provided on how this will happen.
So, many believe that labor will be canceled altogether, and, accordingly, the record of seniority will stop. This is absolutely wrong, there is absolutely no talk of a complete refusal to record the professional activities of workers.
In the reality there will be a gradual replacement of work books on paper with their electronic counterpart. Thus, we are talking about changing the form of accounting for professional activities.
Cancellation projects
The work book in its current form is a kind of Soviet rudiment. If we talk about global practice, then such documents are practically not used anywhere in the world.
In most countries with a pension insurance system, all information about the employee is based on information transmitted by the employer to the pension authorities of the respective states, as well as to private funds.
The FIU receives relevant data after the reform of 2002, when the country's pension system switched to insurance principles. And already at this time, there were initiatives to abandon work books, since the latter, in fact, duplicate the information contained in the electronic databases of the FIU. However, at that time there was no technical possibility for this.
Subsequently, this topic was raised more than once, both in 2017 and in 2018, but the corresponding projects were postponed under various pretexts, and no one names the exact date that way.
What prevents projects from being implemented
Among the reasons why the abolition of work books could not take place in previous years, the following should be highlighted:
- A large number of citizens with Soviet experience... The Russian Pension Fund began keeping records only after 2002. The periods in which professional activities were carried out earlier, including under the USSR, were largely not taken into account, and therefore work books are the only document confirming the length of service before the 2002 reform.
- Lack of technical capability. Maintaining an appropriate database requires certain resources, including a technical one.
- Security questions. In the age of information technology, it is essential to ensure the security of the relevant data. For a long time, the lack of such an opportunity hampered the development of electronic document management in Russia.
- Lack of interaction with employers and employees.
Alternative Document Options
So what can serve as documentary evidence of employment in the event of a cancellation of employment?
There are several such documents:
- Labor contract. This agreement is concluded in two copies, one of which remains with the employee. It can also be used as a confirmation of the place of work.
- Statement on the state of the individual insurance account. This document contains information about all places of work of a citizen with an indication of the periods of employment.
Important! You can get an extract both in the PFR branches and in electronic form through the "Gosuslugi" portal.
Pros and cons of e-books
The introduction of electronic labor has both positive and negative aspects.
Pros:
- simplification of document flow;
- faster hiring and firing procedures;
- not necessary .
The downside is the fact that electronic systems and databases are not immune from technical errors. This can lead to errors in determining the length of service of an employee and, as a result, in calculating pensions and other payments.
Myths and reality about the abolition of work books
In 2019, the abolition of labor was already discussed at the level of federal ministries, and a corresponding bill was submitted to the State Duma. In this regard, there were rumors that in the current or in 2020 work books in paper form will cease to be valid. However, this is not entirely true.
Will it be canceled in 2019
According to the head of the Ministry of Labor Maxim Topilin, in Russia they will really start to abandon work books, but this will begin to happen from 2020... In this case, naturally, we are talking about translating them from paper to electronic format. The corresponding base will be maintained by the FIU.
The minister emphasized that the procedure will take place gradually, and also assured that those citizens who nevertheless decide to use paper labor can do so after 2020.
The work book is one of the most important documents for a citizen, which reflects all his professional detail. Its current format is outdated. In this regard, the state begins a smooth transition to the formation of electronic labor. This process is likely to be lengthy and voluntary for citizens.
Was there an order to abolish labor? Has a law been passed on the withdrawal of a paper document from circulation? See the answer in the video:
"Personnel service and enterprise personnel management", 2011, N 11
Labor legislation regulates relationships that arise with a huge number of persons for whom the only source of income is wages. Work experience under an employment contract, the possibility of its confirmation are of great importance in various situations, including when assigning a pension, determining its size. One of the main documents today, allowing you to confirm the work experience earned throughout your life, is a work book. That is why the information provided by the media about the possible refusal to use work books received a wide response among the population. It would seem to be a simple matter to cancel work books. At the same time, it requires a balanced, reasonable approach to resolving issues related to the rights, freedoms and legitimate interests of a wide range of individuals.
History of the issue
The issue of abolishing work books was raised back in 2006, when the State Duma of the Russian Federation voiced this idea. So, Andrei Isaev, chairman of the State Duma Committee on Labor and Social Policy, made a proposal to stop issuing work books. Without insisting on the immediate abolition of work books, he stressed the need to work in this direction. According to A. Isaev, “work books were introduced in the era of war communism. Then the size of the food ration that a person received depended on this document. And today ... they play virtually no role in a person’s life, except for the fiscal one. , dismissed on the initiative of the employer, often becomes a "wolf ticket" for the owner. And in other situations, the book is successfully replaced by other documents: a certificate of pension insurance and recommendations of former employers "<1>... This position was supported by Alexander Pochinok, who at that time headed the Ministry of Health and Social Development of Russia. He also considered it possible to abolish work books, which have lost their significance at the present stage. These high-level statements at the time caused a surge of questions. Employers' representatives asked questions about what to do after the cancellation of work books. However, after it was explained, incl. in the media that it is planned to abolish work books in 2009, the excitement has subsided somewhat. Today, it flared up with renewed vigor, after the Deputy Minister of the Ministry of Health and Social Development Alexander Safonov expressed his opinion on the permissibility of canceling work books. At the same time, he clarified that the decision on cancellation has not yet been made and whether it will be made is unknown. Despite this, all the media in one way or another spoke about the possible prospect of canceling work books.
<1> Rossiyskaya Gazeta, 2006. Capital issue N 42000.It was publications in the media that served as the reason for a new round of discussion of, frankly, a difficult problem. It is hardly possible to unequivocally answer the question: is it necessary or not to abolish work books, taking into account the specifics of the formation and development of labor relations in Russia?
Labor law of the Soviet period was formed under the conditions of the administrative-command system, when imperative methods of regulating labor relations prevailed over contractual ones. In other words, the use of hired labor of workers was determined centrally, at the level of public authorities. The possibility of establishing conditions by a contractual method was minimized, therefore, the independence of the employer of that period was significantly limited.
The transition to the market has radically changed the relationship between centralized and contractual regulation of labor relations. With the adoption of the Labor Code of the Russian Federation, the state reserved for itself the establishment of only minimum guarantees, which is confirmed in the requirements provided for in Art. 6 of the Labor Code of the Russian Federation.
Fragment of the document. Article 6 of the Labor Code of the Russian Federation
The jurisdiction of federal bodies of state power in the field of labor relations and other relations directly related to them includes the adoption of federal laws and other regulatory legal acts that are binding on the entire territory of the Russian Federation, establishing, for example, the foundations of legal regulation of labor relations and other directly related to them. relations (including the definition of rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of employment); the level of labor rights, freedoms and guarantees for workers provided by the state (including additional guarantees for certain categories of workers); the procedure for concluding, changing and terminating employment contracts; the basics of social partnership, the procedure for conducting collective bargaining, concluding and changing collective agreements and agreements; the procedure for resolving individual and collective labor disputes; principles and procedure for exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, as well as the system and powers of federal government bodies exercising this supervision and control; the procedure for investigating industrial accidents and occupational diseases; the system and procedure for attestation of workplaces in terms of working conditions, state examination of working conditions, confirmation of the compliance of the organization of work on labor protection with state regulatory requirements for labor protection; the procedure and conditions for the material liability of the parties to the employment contract, including the procedure for compensation for harm to the life and health of an employee caused to him in connection with the performance of his labor duties; types of disciplinary sanctions and the procedure for their application; a system of state statistical reporting on labor and labor protection issues; features of the legal regulation of labor of certain categories of workers.
The contractual way of establishing working conditions, which has become widely used at the present stage, is still very limited in comparison with the possibilities of determining the conditions for performing work under a civil law contract. At the same time, the ratio of centralized and contractual methods has changed significantly. It should be noted that at present, the employer's ability to independently establish working conditions at the level of local (local) regulation, incl. by concluding a collective agreement, labor agreement. Attaching importance to the labor contract, the legislator nevertheless retained the mandatory methods of regulating labor relations, which should include the norms defining the employer's obligations to hire an employee, issue local regulations, ensure the maintenance and storage of work books, etc.
Without focusing on a significant increase in personnel workflow, which the employer is obliged to maintain as a result of the transition to market relations, I would like to note that the unilateral abolition of work books does not solve the main problem - determining the issue of forming personnel policy, formalizing labor relations.
It seems necessary to solve this problem in a comprehensive manner, in interconnection, establishing not only a new rule, for example, in the form of abolishing work books, but also providing a mechanism for its implementation. Otherwise, this will serve as the basis for the emergence of new problems that will need to be solved not only by the employer and employees, but also by the legislative authorities. However, in the absence of a proper definition of the rules for formalizing labor relations with the simultaneous withdrawal of labor books from circulation, the employer will once again face a dilemma: what to do in order to act lawfully, to comply with the new norms and at the same time not to violate the labor legislation adopted before the reforms.
Unfortunately, the current reality is such that the imposition by the legislator of a certain obligation on individual subjects of public relations (in our case, on the employer) is often associated with the lack of proper legal means to ensure the very possibility of their fulfillment of a legal obligation. And vice versa: the establishment of a new right that is not secured by appropriate legal means does not allow it to be fully implemented (in the situation under consideration, we are talking about ensuring the subjective right of the employee).
Analysis of the proposal to abolish work books
The abolition of work books cannot be unequivocally classified as a positive or negative phenomenon. A superficial perception of this problem allows us to single out several pros and cons of this proposal. They are shown schematically in the table.
Analysis of the decision to cancel work books
| Workers | Employers | Note | |
| 1 | 2 | 3 | 4 |
| disadvantages | |||
| 1 | Employee absence in the hands of a labor books on one or another reasons hinders employee: - find a job at other work; - confirm: work experience, incl. in harmful conditions labor; implementation by him labor activity from another employer; experience in certain specialties (however while temporary transfer to another work (including on certain specialties on higher position) in the work book not entered); attitude to work | Availability of work books associated with additional expenses for: - staff maintenance, who deals with registration of labor books; - creating conditions for ensuring its storage in okay, provided by labor legislation | |
| 2 | Invalid entry, in incl. wrongly included in the labor record book or record, indicative of termination of labor contract with an employee for committing disciplinary misconduct, including the one who the employee did not commit, likewise the loss work book, in incl. employer, hinders employment | Maintenance of work books associated with legal responsibility employer in connection with erroneously entered into it recordings, untimely handing her over to the employee, with its loss | |
| 3 | Lack of labor book hinders employee to confirm possibility of execution their labor function in harmful conditions labor because he will have to confirm that, in- first, at the moment conclusion of labor contract does not work and secondly, what is not works on labor contract with another employer in harmful working conditions | Lack of labor books creates difficulties in determining last day of work at former employer. Having problems with hiring in harmful, dangerous conditions part-time work | |
| 4 | Records in labor book made with violations, hinder the employee exercise the right to pension for the period time, issued in work book with certain violations | Need for issuance her work book owner is associated with individual difficulties. If the employee for some reason reasons did not receive it in dismissal day is will lead to additional costs associated with: - notification of the employee about need either pick it up or give it consent to dispatch her by mail; - payment for ordered departure; - keeping documents at employer | |
| 5 | Duplicate work book on practice encourages her owner in a number cases of difficulty with his employment | If the dismissed employee for some reason work book is not needed then the employer bears additional expenses, associated with its storage. At the federal level authorities are not defined behavior employer regarding work books, remaining in his dismissal workers (termination an employee in unilaterally labor relations without proper registration) | |
| 6 | Loss, destruction work book employee are associated with huge difficulties confirmation work experience, necessary for social benefits, pension assignments | Employee absence work book: - complicates compliance rules established for recruiting persons in cases of execution by them in past responsibilities state an employee; - to whom this work prohibited for a number of reasons: - for medical indications; - due to the fact that such work is prohibited to them for other reasons (together however, her absence is not is the basis for refusal of detention employment contract in cases where the employer is obliged give the employee a new work book (duplicate)); - application disciplinary responsibility in the form dismissal of an employee makes ineffective | |
| Advantages | |||
| 1 | Has the ability | ||
| Confirm experience work, implementation im labor activities at conclusion of labor contract with another employer. But not work experience, carried out by superior position in case of temporary translation | Assess business qualities record clerk in work book. However, in some cases illegally the entry into it about dismissal of an employee for violation of labor discipline employer wonderful specialist, considering certain risks, related exercise of the right to process control labor | Cancellation of the work book requires a different documentation. Will it it's connected with increase document flow, with difficulties for employee, for employer? System introduction recommendatory letters that have place in separate countries of the West? Does it liberate employee from dependence on unscrupulous employer? |
|
| 2 | The employee can confirm your attitude to work, reward records entered into labor a book | Has information about discipline employee, about the attitude him to work |
|
| 3 | The employee has possibility confirm experience work, including in conditions harmful dangerous, etc., necessary for the appointment of a pension, determining its size (however, at the same time admitted in it mistakes create certain obstacles to realization of the right to pension) | Informed about seniority previous work in including in special conditions. Makes it much easier accounting for the experience required to provide a pension on preferential terms | Cancellation of the work book associated with necessity introduction additional hR documentation, increase in volume workflow |
| 4 | There are no questions about the definition of the latter days of work with the previous employer. There are no problems with hiring during harmful, dangerous working conditions of part-time workers, dr. | Labor exclusion books from personnel document flow, likely: - will increase the number irresponsible workers who today so or otherwise holding back absence on hand work book, which is confirmed required experience work, which is negative will affect implementation employer rights to process control labor; - will require making significant changes in labor legislation, governing existing order termination of labor contract (apart from employer's act will require additional documents like annex to the contract, other document) |
Employee position
So, employees, on the one hand, are interested in a work book, which today, when concluding an employment contract with another employer, allows them to confirm not only work experience, but also the fact of termination of work with another employer. The work record confirms that the employee has the work experience necessary to assign him a pension, special work experience, for example, work in harmful, dangerous conditions, which gives the right to a pension on preferential terms.
Yes, we can say that the performance of higher-paid work by them (performance of duties in a higher position), when the work was temporary, does not confirm the content of the work book. However, these are shortcomings that can be eliminated by a written agreement to the employment contract concluded by the parties, by order of the employer to temporarily transfer the employee to another job. At the same time, basic information, including the employee's attitude to work, is contained in the work book. In particular, it includes information about the employee's incentives, which positively affects his ability to exercise his right to work in the conditions in which he is interested.
On the other hand, the employee suffers severely from the behavior of an unscrupulous employer with whom he has an employment relationship. In particular, the employer, not wishing to lose a good employee, has the opportunity to "spoil" his work book in order to create problems for him in the future with employment. for instance, the employer can make an entry in the employee's work book about dismissal for violation of labor discipline by him, which he did not commit. An employer can use illegal means without issuing a work book on the last day of work, realizing that such behavior deprives the employee of the opportunity to find a job in a prestigious company, which does not allow him to work in the absence of a work book and for these reasons does not conclude an employment contract with a job applicant. Thus, the employer creates certain conditions for the employee to maintain an employment relationship with him.
When the employer is interested in terminating labor relations with the employee, he also has the opportunity to influence the employee's choice of a decision by unlawful behavior: to abandon the guarantees provided for by law and agree to the employer's offer to resign of his own free will. The employer often intimidates the employee by applying disciplinary measures against him if he refuses to perform the actions suggested by the employer. Poor practices have become fairly widespread in recent years and represent a direct, clear threat from the employer. The lack of adequate remedies for the violated right of the employee influences his choice: he, as a rule, refuses the guarantees provided by the law and leaves “in an amicable way”. In many ways, as we can see, the employer uses the existing system of legal means that provide the employer with a solution to his problems, among which not the last place is occupied by work books provided for by labor legislation.
Employer position
The problem of keeping work books by employers is also controversial. So, for an employer, a work book allows you to determine the business qualities of an employee, his attitude to work, to avoid an offense in the course of hiring, for example, on a part-time basis in harmful, dangerous working conditions. The work book in some way affects the discipline of an employee who is in an employment relationship with him. Refusal to maintain work books, the application of disciplinary measures in the form of dismissal for violation of labor discipline, most likely, will lead to the fact that this type of penalty will not have the same impact on the employee's behavior that it has today. This, in turn, will create certain preconditions for an increase in cases of irresponsible behavior of employees, as was observed, for example, during the introduction of a new rule obliging the employer to start a new work book for any employee who, when concluding an employment contract, announced its loss, destruction, other the reason for her absence.
At the same time, the maintenance of work books significantly increases the personnel document flow. All this is associated with an increase in personnel costs, which negatively affects the interests of the employer. Maintaining and storing work books is associated with the responsibility of the employer for their loss, untimely issuance to the employee, which can also be attributed to the shortcomings of modern regulation of labor relations.
conclusions
Despite this, the refusal to maintain work books requires an additional establishment of rules of conduct that make up for the possibility of confirming the information contained in the work book, which implies an analysis of legislation, the effectiveness of the mechanism for its application and the prospect of forming the necessary legal means to ensure the implementation of the right (exercise of subjective rights, execution legal obligations, labor compliance, enforcement).
Only in this way is it possible to reform the labor legislation related to the refusal to maintain work books.
Taking into account the foregoing, it seems necessary to analyze the legal norms available at the present stage, which in one way or another regulate the procedure for formalizing labor relations (formation of personnel documentation). Before submitting a proposal for reforming labor legislation to the legislative body for consideration, it is necessary to assess the provision of legal means for the implementation of the right, both current and proposed.
I. A. Kostyan
department of Labor Law
Moscow State University M.V. Lomonosov
