A copy of the work book in electronic form. How to get a?

A work book is one of the most important documents for every person. It stores information about education, qualifications, length of service, positions held, reasons for dismissal, and so on. It can be evidence of career growth and become an important argument if you want to get a more prestigious position, and it is also a source for correctly calculating your pension. That is why the work record book should be treated with special attention and care.

How to get a work book for the first time

As a rule, a work book is drawn up at the very beginning of the career path - at the first employment. There are several ways to obtain it:

1. the personnel officer or the head of the enterprise in which he is employed issues and draws up a work book for an applicant for a particular vacancy;
2. the future employee buys this document at a stationery store and fills out personal data independently.
   Next, he takes the book to the personnel department of the organization and gives it there for making all the necessary entries and for further storage. Attention! You cannot make any entries regarding work in your work book yourself! They are strictly within the competence of personnel specialists and authorized representatives of enterprises and organizations.
3. Some universities also provide their graduates with work books as a diploma supplement. Of course, this is unlikely to allow yesterday’s student to find a job faster, but it will definitely speed up the process of applying for a new job.

Important! It must be remembered that the work book is essentially a strict reporting form, therefore its execution and all records must be kept in full compliance with the Labor Code of the Russian Federation.

Form SZV-TD: how to fill out

In order for the Pension Fund to regularly receive new information about the work activities of employees, reports are submitted in the SZV-TD form. The form and procedure for filling out were approved by Resolution of the Board of the Pension Fund of the Russian Federation dated December 25, 2019 No. 730P (as amended on October 27, 2020).

New form of SZV-TD from July 1, 2021. Read how the form will change

The form must be filled out for all officially employed or dismissed employees (including part-time workers), as well as record other personnel changes there and reflect information about the submitted application and the chosen employment format.

Requirements for filling out the form

The forms are filled out in ink, with a ballpoint pen, in block letters, or using computer technology, without any marks or corrections. In this case, you can use any colors except red and green.

The document in the SZV-TD form is certified by the signature of the head or authorized representative and the seal of the organization (if any). The employer, who is not a legal entity, certifies the documents with a personal signature.

Information about the employee, about the policyholder, as well as information about the employee’s work activity is required. If there were no personnel events for the employee during the month, the “Zero” form is not submitted.

In column 1 of the table of the SZV-TD form, the numbering is continuous. Event numbers must be indicated in ascending order and not repeated.

The values ​​in the columns “Date (day, month, year) of admission, transfer, suspension, dismissal” and “Date” in the subsection “Base” are indicated in the format DD.MM.YYYY. When submitting the SZV-TD form monthly, they must be within the reporting period.

Track online which events you have reported to the Pension Fund for and which ones you have not yet reported on

Employer details

" Registration number in the Pension Fund of Russia ." Indicate the number assigned to the policyholder upon registration. It must consist of 12 digits in the following format: XXX-XXX-XXXXXX.

“ Name of organization/individual entrepreneur .” Indicate the same company name as in the constituent documents, the name of the sole proprietorship or a branch of a foreign company operating in Russia. If such information is provided by an individual entrepreneur, lawyer or notary, then they must indicate the full last name, first name and patronymic (if any) - as in the passport.

" TIN ". The TIN of the employer is indicated - an organization (10 characters) or an individual (12 characters).

" Checkpoint ". Must consist of 9 digits or be absent for individual entrepreneurs.

Similar information is indicated in the section “Information about the employer, whose legal successor is the policyholder.” Only here should be the data of the former employer who was deregistered.

Employee information

The last name, first name and patronymic (if any) of the employee must be filled in in Russian letters in the nominative case, without abbreviations or initials. In addition, be sure to enter your date of birth and SNILS number. Information about employees must match those indicated in the insurance certificate or in the ADI-REG form.

Information about the submitted application

Here you need to indicate which method of maintaining the work record book the employee chose - paper or electronic, as well as the date of submission of the application.

Please note: an application in which the employee chooses the preferred form of work record is already the basis for filing a SZV-TD.

If it is necessary to adjust the date of the application submitted by the registered person, the SZV-TD form is submitted, in which the new date for filing the application is indicated in the appropriate line.

If you need to cancel previously submitted information about applications, enter the previously specified date for filing the application and put an “X” in the “Sign of cancellation” field.

Information about the employee’s work activity

In the column “Date (day, month, year) of admission, transfer, suspension, dismissal” you must indicate the date of the personnel event in the format DD.MM.YYYY. In the following column you should indicate the type of personnel event:

If the employee works in the Far North, enter the code “RKS” in column 4. If he works in areas equivalent to the regions of the Far North, then indicate the code “ISS”.

Subsection "Name"

Column “Labor function (position, profession, specialty, qualification, specific type of assigned work), structural unit . Fill out according to the staff schedule. Some positions have benefits or restrictions, so they must be called as required by qualification reference books. The structural unit is indicated if information about it is reflected in the employment contract.

In the same column, information about part-time work is indicated if the employee is a part-time employee. You can also place other information (comments) about the event in this column. Column “Code of the function being performed” . From July 1, 2021, a five-digit code in the format “ХХХХ.Х” is indicated, where:

• the first four characters are the occupation group code from the All-Russian Classifier of Occupations.
• the last digit is the control number, which is indicated in the classifier next to the occupation group code.

This column is required. For more information about what to write in it, read the article “Which code of the function to be performed should be specified in SZV-TD.” Column "Reason for dismissal" . Indicate the reason for termination of the employment contract under the Labor Code of the Russian Federation or other federal law. As well as the name of the document in accordance with which the employment contract was terminated and the clause, part of the article, article of the regulatory document. Write without abbreviations, as in a work book.

Subsection "Base"

Column "Name of document" . Indicate the type of document (order, instruction, other decision of the employer), and in the “Date” and “Document number” columns - the date and number of the order or instruction under which the employee was hired (transferred, dismissed, etc.).< /p>

Column "Date" . The date is indicated in the format DD.MM.YYYY.

Column "Document number" . Indicate the document number - without the “No” sign.

If it is necessary to cancel a record of work activity for a registered person, the policyholder submits the SZV-TD form, filled out in full accordance with the initial information that needs to be canceled, and in the column “Sign of cancellation of a record of information about admission, transfer, dismissal” the sign “X” is entered "

How to get a work book if you lose it

No one is immune from the unexpected loss of a work record. It is clear that it is unlikely that it will be possible to return the original, but in this case you can get a duplicate. To do this, you need to contact your employer at your last place of work. This must be done in writing:

• or by personally submitting an application for a duplicate,
• or by sending a letter by Russian Post with an inventory and notification of delivery.

When registering a duplicate, the HR department specialist will make a note about the restoration of seniority. In this case, you will only be able to re-enter information that has documentary evidence. In other words, if an employee does not have documents indicating that during a certain period of time he worked at a particular enterprise in such and such a position, then such a record at his last place of work cannot be restored.

The easiest way is if you have a certified copy of the work in hand - this will facilitate the process of restoring it, but if not, then you will have to run around.

To fully restore your experience, you will need to visit all those organizations and enterprises where you previously worked. They will have to take all the necessary orders, extracts and certificates. If this is not possible, for example, because the enterprise has closed, you will need to visit the state archive of the locality where it was registered.

Attention! If the loss of the work record was due to the fault of the employer, then he must bear all the hassle and costs of restoring it.
The employee only needs to give the employer’s representative a power of attorney to obtain the necessary information to restore the work record.

Hiring an employee without a technical qualification, but with an insurance certificate

In the 65th Art. The Labor Code specifies a list of documents that are provided by the employee to the employer. Moreover, if there is no book, the employer cannot send the employee to his previous place of employment for a duplicate, but is obliged to get him a new one (5th point).

In this case, the employee presents a passport and insurance certificate (at a minimum), and the person liable for military service also provides military registration documents (military ID, certificate, etc.). If the position requires certain training, skills or condition, then the employee also brings diplomas, certificates, etc. documentation.

Apart from writing an application requesting a new book, the admission procedure is no different from the usual.

We receive a work book upon dismissal

By law, the employer is required to issue a work book to the resigning employee on the last day of work. In order to receive a work record, an employee does not have to write any statements, however, after this document has been issued to him, he is required to sign in the internal journal for recording the movement of work books. Next, the personnel specialist makes a corresponding entry in the employee’s personal card and it is also certified by his autograph.

If for some reason a resigned employee cannot receive a work permit in person, he can send his representative to pick it up. However, it must first be provided with a power of attorney certified by a notary.

Another option is to ask the employer to send him the work book by registered mail with an inventory and notification of delivery via Russian Post at the actual place of residence.

How to get a work book without being fired

According to the law, work books during the employee’s work at the enterprise are stored in the employer’s safe, which bears full responsibility for their availability, content and safety. HR specialists have no legal grounds for temporarily issuing a work book in the hands of the employee. Therefore, if for some reason an employee still needs a work permit, he can submit a written application only for the issuance of a certified copy of it.

In those rare situations when the original is needed, you can ask for it to be issued in writing with a mandatory indication of the reason (the need to make a notarized copy is perfect), a date and a signature with a transcript. It’s not a fact that the employer will meet you halfway, but, as they say, trying is not torture.

Advantages: accessibility and reliability

An employee with an electronic work record book will always be able to view his work experience . To do this, you do not need to contact the HR department and request a copy, and you also do not need to give your employment record when applying for a job.

In addition, you can control the accuracy of the entered data yourself. If there is an error in the work book, you can always track it down and report it to management.

Also, using an electronic labor pension, you can apply for it remotely without supporting documents. To do this, you will only need your personal account information.

The employee does not return the borrowed work

An employer may find itself in a difficult situation if an employee asks for a work permit and does not return it. It is even more unpleasant when the work permit is issued on a legal basis, for example, to apply for a pension: the Pension Fund of the Russian Federation is required to provide the original of the Labor Code of the Russian Federation in Art. 62 allows and even orders such extradition. The legislation does not indicate what the employer should do and what the employee may face for this.

An employer cannot bring a negligent employee to disciplinary liability, because failure to return work is not included in the list of offenses for which it is provided for (Article 21 of the Labor Code of the Russian Federation). If the work permit was issued on parole, the employer may be punished by control authorities, since responsibility for storing these documents rests with him. But if the issuance was on a legal basis, the employer is not guilty of the absence of labor on site. To protect yourself, you should ask the employee for an explanation of the reason for the delay in return,

support it with a request to the Pension Fund. If an employee has lost his or her work record before or after using it to apply for a pension, the employer must issue a duplicate within 15 days.

Document storage

Once a work book has been created, the employer is responsible for it to the employee. There are certain rules for storing work records that must be strictly observed by employers.

The employer must store documents in a safe or cabinet for important documents, to which there is no public access. After all, damage to a document may entail a fine from supervisory authorities and a requirement for compensation and restoration of the document from the employee. Losing a document for an employee is extremely undesirable, because it is not easy to restore such a document; important work experience or awards may be lost.

To control the storage of labor records, it is recommended to periodically ask the employer how these documents are stored and whether they are securely protected.

An interesting fact is that even an employee will not be able to get his work book from his employer without a reason. Thus, if an employee works successfully in an organization and wants to look at his work history, he must have good reasons for doing so. The conditions for issuing a work permit are as follows:

• Dismissal;
• Employee’s application for provision of information from the labor record (a certified copy is issued);
• Death of an employee (the work record can be issued to relatives, and if they do not need it, it must be kept by the employer for up to 50 years).

If an employee is fired, he must ensure proper storage of the document, which he will subsequently have to transfer to the next employer.

Over the past few years, the possibility of canceling labor documents has been discussed at the legislative level, but so far this topic is only at the discussion stage and it is not yet clear when the innovation will come into force.

How to get another work book

The work book must be created by the first employer, and then it is transferred along with the new employment, or a part-time job must be registered in other jobs. But in practice, situations may arise when a person, after being fired, lost his work book and found it after registering a duplicate. Or he deliberately went into hiding so as not to make the unpleasant recordings public. Now there are two copies available, which, although not directly permitted, is not prohibited by the laws of the Russian Federation. There is no punishment for this.

However, if the employer finds out that the employee has unprovided labor, he will have the right to dismiss him. Reason: provision of false documents during employment.

An employee does not need two work books: when the time comes to apply for a pension or some kind of benefit, he will need to provide only one, both at the same time “pull” for fraud.

If the second work is fake, this is a direct forgery and criminal liability.

Therefore, in most cases, the employee does not need a second labor report: it is much more advisable to follow the legislation of the Russian Federation.

Under an employment contract, but without labor contract: responsibility

Without a work book, you can work part-time for an individual’s employer and in the case where the relationship is formalized not as an employment relationship, but as a civil law one.

Labor legislation protects the employee, provides him with special rights and guarantees , and if the employer abuses the right and bypasses the law, instead of an employment contract, draws up a civil contract (author's, contract, etc.), he will be held administratively liable under Article 5.27. Code of Administrative Offenses, and for repeated violations the punishment is more significant.

If an employee abuses his right, and a civil contract was concluded precisely on his initiative in order to avoid paying mandatory contributions, and this happens to the employee systematically, he can be held accountable for illegal business, for example, under Art. 14.1. administrative code.

The work book confirms the existence of labor relations and indicates their specificity, serves to certify the labor rights of a citizen and indicates his length of service. Its necessity in labor relations is directly provided for by law.

It is in the interests of both the employee and the employer to thoroughly comply with these requirements. This will protect the relationship and avoid inevitable liability for violating a mandatory law.

The employer refuses to issue a work permit: how to solve the problem

Quite often it happens that the employer and employee part as bitter enemies. In retaliation, the former employer may flatly refuse to give the unwanted employee his work book.

If all possibilities to reach an agreement with him through oral negotiations have been exhausted, then there is only one option left: go to court.

But first you should stock up on a copy of a written statement, the original of which must be given to the employer. In it, you should ask the former employer in any form to issue a work book and put a date on it. If after three days the work permit is not issued, then you can safely go to court with this application.

As compensation in a statement of claim, you can demand an amount equal to the average salary for the period of forced absence due to the lack of a work book. As practice shows, in such cases the courts accommodate employees halfway and award them financial compensation.

Declaration of absence

This issue is not regulated in detail by law. It follows from Article 65 that this must be a written statement drawn up personally by the employee, which indicates the reason for the absence of the book and contains a request for the issuance of a new one. It is addressed to the employer and signed by the employee himself, indicating the date.

For example, it may look like this: “Statement. Due to the fact that I have lost my work book, I ask, in accordance with paragraph 5 of Article 65. Labor Code, give me a new one. Number. Signature."

The employee refuses to pick up his work permit: what to do in this case

It happens that an employee who has been fired does not agree with management’s decision. As a protest, he flatly refuses to take away his work book. Or, for example, a person quit his job, but did not consider it necessary to take away his work permit. What should the management of the enterprise and the personnel specialist do in this case? For such situations, a specific algorithm of actions has been developed:

1. It is necessary to send a notification to the place of registration of the former employee with a request to pick up the work permit;
2. If the first point does not work, you can send the work book to the same address by a valuable letter with acknowledgment of receipt. True, if the employee did not give a written agreement in advance for such transfer, in case of conflict or controversial situations, he can use this fact against the employer;
3. You can transfer the work book to a former employee through his representative. However, the latter must present a notarized power of attorney to receive this document.

If, under any circumstances, the employee does not want to take away his work, this fact should be recorded in the appropriate act in writing and in the presence of witnesses. In the future, this will serve as evidence that the employer, for its part, did everything it could to transfer the work book into the hands of the former employee.

Submission of employee data to the Pension Fund

In connection with the introduction of electronic work books, employers are required to submit a new type of reporting to the Pension Fund of Russia from 01/01/2020 - the SZV-TD form “Information on the employee’s labor activity”. The introduction of the new form is associated with the transition to electronic work books. Corresponding changes were made to the legislation on transfer accounting by Federal Law dated December 16, 2019 No. 436-FZ.

From 01/01/2020, employers must submit information to the Pension Fund of the Russian Federation no later than the 15th day of the month following the month in which any of the following events took place (clause 7 of Article 1 of Law No. 436-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.

Taking into account the postponement of holidays, information will need to be submitted to the Pension Fund for the first time no later than 02/17/2020 for January 2021 (see letter from the Pension Fund of December 28, 2016 No. 08-19/19045).

From 01/01/2021, a personal reporting form will have to be sent to the Pension Fund each time after hiring or dismissing an employee, but no later than the working day following the day the order on hiring or dismissal is issued.

In addition to submitting information to the Pension Fund of the Russian Federation, the employer is also obliged to provide information about the employee’s work activities to the employee himself during the period of work and upon dismissal.

In addition, the employee will have the right to request such information from the database of the Pension Fund of the Russian Federation. Information about the employee’s work activity will be 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 draft orders 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.”

In connection with the transition to the ETC, the Pension Fund of the Russian Federation has prepared a new procedure for electronic document management with employers. Electronic document flow between the employer and the Pension Fund is carried out using the new generation automated information system of the Pension Fund of the Russian Federation (AIS PFR-2). The operator of this system is the Pension Fund of Russia.

The new procedure will be in effect starting with SZV-TD reporting, therefore, in order for the Pension Fund to be able to accept the SZV-TD form, it is necessary to send a special application from the program to the Pension Fund and wait for a positive result of its consideration.

After the update, your program will prompt you to send these applications.

If you miss the notification, then:

• in programs using managed forms, in the Notifications section of the 1C-Reporting form, click the Create button and select Application for connection to the Pension Fund of Russia e-document flow;
• in other programs - in the form Journal of exchange with regulatory authorities, open the Pension Fund section, the Outgoing documents tab. Here you need to switch the display mode to PFR EDF Applications and click the New button.

In “1C:Enterprise 8”, the draft form “Information on the work activity of a registered person (SZV-TD)”, the electronic format SZV-TD, the STD-R form are supported with the release of subsequent versions (see table).

Table

More information about implementation deadlines can be found in “Monitoring changes in legislation” in the “Remuneration” section.

The 1C: Salary and Personnel Management 8 program, edition 3, provides for the preparation and automatic completion of SZV-TD and STD-R reports, saving report files and uploading to the Pension Fund of Russia in the required format.

To automatically fill in information about the work activities of STD-R and SZV-TD employees in personnel documents (Hiring, Personnel transfer, Dismissal), the Reflect in work book flag is provided (Fig. 2).

Rice. 2. Personnel document “Hiring”

When the Reflect in work book flag is selected, the Labor function field is available.

This field has been added to personnel documents in accordance with the requirements of the Labor Code of the Russian Federation on registration of changes in labor functions. A change in a job function, for example, during a personnel transfer, may differ from a change in position.

Personnel documents intended to be reflected in the work book are registered as Activities (Fig. 3) in the documents STD-R and SZV-TD.

Rice. 3. Tabular part “Events” of the document “Information on the work activities of employees, SZV-TD”

The document Information on the work activities of employees, STD-R (Fig. 4) is generated in the Personnel - Electronic work books menu using the Create button, and is intended for printing and handing over to the employee upon his dismissal.

Rice. 4. Document “Information on the work activities of employees, STD-R”

The document Information on the work activities of employees, SZV-TD (Fig. 5) is generated in the Personnel - Electronic work books menu using the Create button, and is intended for sending as a report to the Pension Fund of the Russian Federation.

Rice. 5. Document “Information on the work activities of employees, SZV-TD”

You can prepare and send STD-R and SZV-TD reports to the Pension Fund from the program using the 1C-Reporting service.