How to maintain and store work books from September 1, 2021: instructions for personnel officers

Order of the Ministry of Labor and Social Protection of Russia dated May 19, 2021 No. 320n “On approval of the form, procedure for maintaining and storing work books” approved a new form of work record and a new procedure for maintaining and storing work books. The document will come into force on September 1 of this year and will be valid for six years until 2027.

We remember that the transition to electronic work books (hereinafter referred to as ETC) began in January 2021, while the paper work book (hereinafter referred to as BTK) has not been cancelled. According to information from the Russian Pension Fund, most of the insured persons chose to maintain BTK. And therefore, the employer, as before, remains obligated to timely and correctly make entries both in the ETC and in the BTK.

In this regard, the Russian Ministry of Labor decided to update the BTK forms. At the same time, outdated rules for maintaining and storing work books, as well as instructions for filling out books, are being cancelled. Instead, on September 1, 2021, a new procedure for maintaining and storing work books will come into force.

How to fill it out correctly

The rules and procedure for maintaining and storing work books and making entries in them are strictly regulated by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69. Fill out by hand with a black, blue or purple pen; using a pencil or marker to fill out is not allowed. All words are spelled out in full; abbreviations are not allowed. The work book contains:

• information about the employee or title page: full name, date of birth, level of education, profession or specialty, date of filling out the title page;
• information about the job, which includes information about hiring, movements within the organization, part-time work, including external, if the employee provides such information, dismissal;
• information about awards.

IMPORTANT!

Since 2015, stamps are not required for limited liability companies and joint-stock companies, and therefore, on October 31, 2016, the Ministry of Labor issued Order No. 589n, which clarified the issue of affixing stamps to personnel documents. A seal is required if the organization has one and is approved by the constituent documents. If there is no seal, the papers are filled out without it.

Some nuances

Very often, citizens wonder whether it is possible to receive a work permit in person without dismissal from work, if this document is necessary for assigning a pension? To answer this question, you need to refer to the stat. 62 TK. This norm clearly states that, upon a written application from an employee, the employer must issue the latter (no later than 3 working days from the date of submission of the application) a work book for the purpose of mandatory social benefits. employee insurance.

Thus, a subordinate has the right to demand the issuance of a work permit if he really needs it. There is nothing illegal here.

Who purchases a work book form

Personal personnel papers are strictly accountable documents and are purchased by employers. The procedure for providing employers with these forms is established by Order of the Ministry of Finance No. 117n dated December 22, 2003. It says that the only organization that has the right to produce forms is the GOZNAK association of the Ministry of Finance of the Russian Federation. Only specialized distributors approved by GOZNAK have the right to supply forms to users.

If a citizen does not have a work permit, the employer provides him with a blank form; if it is completely filled out, an insert form.

The costs of the forms are included in the company's expenses: Debit 20, 26, 44 Credit 60. Cost of the document provided to the employee:

• is compensated by depositing the appropriate amount into the organization’s cash desk;
• deducted from the employee's salary.

Is it possible to receive the document in hand?

In some exception cases, it is allowed to hand over the document to the owner . In all other situations, a citizen has the right to request a certified copy of a document or an extract from it. Government authorities are not authorized to request the originals of the document, so if you need it, then you can get by with a copy.

An employer can issue a document if:

1. The employee needs mandatory social security, for example, a pension, provided that the employment relationship has not been terminated. In this case, the employee writes a statement, picks up the work permit and undertakes to return it within 3 days. This period is calculated from the moment of receipt of the book from the social security authority.
2. Upon dismissal, as previously stated.

As you can see, there are not many options, this is due to the importance of the work record, as well as the possible liability of the employer for violating storage rules.

The entire process of moving the work book is recorded in the accounting book (journal). It makes a note about when the document was received by the enterprise; who, when and why took him, details; when a person was fired.

How to properly store a work book

Employers are required to comply with the requirements for the storage of work books established by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. This document establishes the rules for maintaining and storing both blank forms and current personnel papers.

Special accounting books are created for storage:

At the employee's

Employees who have chosen the electronic version are required to comply with all measures for the safe storage of the paper copy and ensure its safety. You should not expect that the electronic TC will completely replace the paper one. When applying for a new job, the new employer will need to present the original to confirm the insurance experience accumulated before the transition to the electronic version, or the STD-R or STD-PFR form, similar to the Labor Code (the first is issued by employers, the second by the Pension Fund). A document confirming your work experience will also be needed when applying for a pension, social benefits, bank loans, or a Schengen visa.

IMPORTANT!

Many are interested in how and where electronic work books are stored, which have become mandatory for citizens finding employment for the first time. Officials promise that all information will be reliably protected, and employees will be able to check it through their personal accounts on the Pension Fund website.

ConsultantPlus experts examined whether it is legal to store workers’ work books at a location other than the organization’s location. Use these instructions for free.

How to appoint someone responsible for storing work records

Clause 45 of the rules states that the employer is responsible for the safety of employee papers and establishes the obligation to assign responsibility for storage to a specific official. The responsible person is appointed by order of the organization. It does not have a legally established form, is drawn up on company letterhead and contains all the responsibilities assigned to the employee in connection with the maintenance and storage of personnel papers; the rules for filling out and storing work books stipulate that the appointed official bears administrative responsibility for non-compliance with the rules for handling employee papers.

Useful: how to draw up an order about the person responsible for work books.

Who keeps the TC?

By the beginning of 2021, all employees had to decide on the form of the main document on professional activities: paper or electronic. The choice of the maintenance method determines where the employee’s work book should be kept by law in 2021: with the employee or the employer. Employees whose choice fell on the electronic version received it in their hands and took full responsibility for its safety. If the choice is made in favor of a paper one, the work book remains with the employer throughout the entire period of employment. Ensuring the safety of paper labor documentation, which continues to be maintained by the employer, remains the responsibility of the organization. Legislatively, the question of how workers’ work books are stored in 2021 is regulated by Art. 66 Labor Code of the Russian Federation and:

• Decree “On work books” dated 04/16/2003 No. 225 - until 09/01/2021;
• by order of the Ministry of Labor dated 05/19/2021 No. 320n - from 09/01/2021 to 09/01/2027.

How to properly destroy a work book

In accordance with paragraph 42 of Resolution No. 225, forms that are damaged when filled out must be disposed of. Since we are talking about a document of strict accountability, before directly destroying it, it is necessary to write it off correctly, namely: draw up an act in which you list the numbers of all the forms being destroyed, pasting the cut-out numbers into it. The act does not have a strictly established form.

The document is signed by a commission consisting of the employer’s employees: human resources department and accounting department.

After formal write-off, the papers are physically destroyed:

• hiring a specialized organization for this purpose;
• either independently in a shredder or through incineration.

Upon dismissal

In the event of termination of an official relationship with an employee, the employer is obliged to issue him a work book on the last day of work of the subordinate. If the latter is absent from the workplace for a certain reason, the manager is obliged to send him a notice of receipt of the work permit or of consent to send this document by mail. This needs to be remembered.

When an employee is dismissed, the work book must be issued to the employee along with the final payment. That's how it's supposed to be by law.

Upon written request from an employee who has not received a work permit, the employer is obliged to issue it no later than three days from the date of the latter’s request. Otherwise, the employee may file a complaint with the prosecutor’s office and even the court.

What to follow

New rules for work books by order of the Ministry of Labor dated May 19, 2021 No. 320n will be valid until September 1, 2027. That is, 6 years.

At the same time, the previous by-laws on work books were declared invalid. This:

• The procedure for establishing length of service in case of loss of documents as a result of emergency situations (approved by Resolution of the Ministry of Labor dated June 24, 1994 No. 50);
• Instructions for filling out work books (Resolution of the Ministry of Labor dated October 10, 2003 No. 69).

Responsible persons

Work books in an organization (enterprise) are maintained by a special department responsible for personnel work or an authorized person.
Large enterprises must have a personnel department . Several specialists in charge of personnel records are divided into areas of responsibility.

In particular:

• in sectors of nomenclature office work, where a specialist is responsible for conducting certain operations;
• by departments assigned to the responsible specialist.

In medium and small organizations with less than 100 employees , such a department may not exist. The execution of work is delegated to one of the administrative or other authorized employees:

• upon release from other types of work;
• without one.

Organizations with fewer than 30 employees may not have an exempt HR specialist. Usually, work with labor records is assigned to the secretary and clerk, and in his absence, the head of the organization assumes responsibility. Often, personnel work is carried out by accounting employees.

Storage and issuance of technical documentation to branch employees

The branch's work books are kept in the central office, where they are filled out. After hiring a branch employee, his book is transferred to the personnel service (head) of the office, and upon dismissal, it is returned to the owner.

The main nuances associated with storing the technical records of branch employees are related to:

• with their transportation;
• with terms of issue;
• with conditions of temporary storage in the branch.

In a branch where storage of books is not provided, no special conditions are created for their placement, which does not provide a guarantee of their absolute safety.

However, if the central office is located outside the locality with the location of the branch, it is necessary to store the document in the conditions of the branch until it is sent.

Under these conditions, as well as during transportation, this document is exposed to a certain risk.

Naturally, in such cases, it is not easy to return the Labor Code to the employee after dismissal within the prescribed time frame, which may provoke his claims.

Employer's actions in case of loss

Despite the fact that in most cases the enterprise has a special storage or devices for work books, there are cases of their loss. What happens in this case and what features exist in different situations? The most common cases are:

1. Intentionally or through negligence, one of the HR department employees lost or damaged the document. A duplicate must be issued immediately. In this case, this responsibility is assigned to the employer; information about the period of work of the employee in this organization is indicated. In addition, a generalized note is made about past places of work.
2. A natural disaster or emergency , as a result of which all documents are irretrievably lost or damaged. In this case, a special commission is formed, which determines the work experience of each employee on the basis of the remaining documents, or the testimony of other employees, the employer.

In any case, if the work book was lost or damaged due to the fault of the employer, the responsibility for restoration rests with him . I would also like to draw your attention to the fact that if the book forms were damaged, then the employees do not simply throw them away, but create a write-off act and destroy them in the designated place.