But if violations were made in the preparation of this document, the problem will open up and capture both the employee who will have to restore seniority or run around the authorities, and the employer, to whom this can be imputed.

In some cases illegally issued labor will cause litigation, fines and many troubles.

To prevent this from happening, both the employer and the employee should monitor the proper execution of the Labor Code.

How to get a work book for an employee

If you are applying for a job and you do not yet have a work book, you should not worry about this. Naturally, you can only be hired in a place where work experience in your specialty is not required. Your specialty will be indicated in the educational documents, which may include:

  • Diploma of Higher Education;
  • diploma of secondary specialized education;
  • certificates of course completion;
  • specialty certificates;
  • similar documents;
  • a copy of the school certificate.

On the basis of these documents, as well as a civil passport, you have the right to look for work in the specialty indicated in your documents, but without work experience. You will gain work experience after you fill out a work book, and you have worked for a certain time at the first enterprise in your working life.

After working for some time, you will have work experience in the specialty that any employer or personnel officer can determine. For you, this will be a definite advantage, which will allow you to look for more favorable working conditions.

Registration of a work book when applying for a job for the first time - a sample of filling out the title page:

Job details:

Where to apply?

At first you come to the employer without a work book. You inform him that you have no experience, you have not worked anywhere. It makes no sense to start a conversation about the fact that you need a work book, that you don’t have it yet. This may characterize you as an incompetent person.

You need to know that the employer must issue a labor form to fill out. After he hires you, he will need to get a TC on you.

Even if you work for a week, you have the right to demand a book. You have no right to refuse.

However, keep in mind that for people who are getting a job for the first time, presence is provided when filling out the book. On this basis, a week after getting a job, take an interest in the fate of your labor.

From your side proof must be submitted what you were doing before joining this organization. For example:

  • studied at school;
  • in a technical school, college or lyceum;
  • at an institute or university;
  • attended courses;
  • served in the ranks of the Armed Forces of the Russian Federation.

Present the documents that you have after graduating from these institutions, as well as a military ID if you have just been demobilized. In principle, citizens liable for military service must always present it when applying for a job.

If you have not received a certificate of education, for example:

  • did not pass the exams;
  • have been expelled

you will have to submit proof.

If spoiled

If the book has been damaged, you need to establish the source of responsibility. Of course, it will need to be replaced, but this should be done by the person responsible for the improper storage of documents. The labor force is restored from the resources of the perpetrator.

If you are guilty, then when applying for a job you will need to submit a certificate from the last place of work (or without it) and request in accordance with article 65 of the Labor Code of the Russian Federation.

Of course, it will not take into account the length of service for the previous period, but you can continue to work, and gradually collect all the lost experience.

Labor Code of the Russian Federation, Chapter 11, Article 65. Documents presented at the conclusion of an employment contract

Unless otherwise established by this Code, other federal laws, when concluding an employment contract, a person applying for a job presents to the employer:

  • passport or other identity document;
  • a work book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time job;
  • insurance certificate of compulsory pension insurance;
  • military registration documents - for those liable for military service and persons subject to conscription for military service;
  • a document on education and (or) qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;
  • a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, to the implementation of which, in accordance with this Code, other federal law, persons who have or have had a criminal record, are or have been subjected to criminal prosecution are not allowed.

In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

It is prohibited to demand from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of compulsory pension insurance are drawn up by the employer.

If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

Documents are required to get a job. These include:

  1. Passport.
  2. Education document.
  3. References, certificates, certificates, certificates confirming qualification or category.
  4. If you have changed your last name, bring proof of this fact.

In some cases, after providing the documents and their photocopies, the employer proceeds to fill out the employment contract and does not start talking about filling out the labor contract - this is a very good sign, which means that this company takes great care of employees.

In particular, some promotions, including employment, paid by the enterprise (organization) from its own funds. You should not be impatient and worry about whether the personnel officer forgot to get you a shopping mall.

For such forgetfulness, he will be charged with a serious fine, and in any case, you will be given a labor contract. The book, according to the instructions, must be filled out in your presence.

How to issue and make a work book: application

Some personnel officers offer to write an application in order to start a new book for newly settled persons. This is necessary in order to deduct the cost of labor from your salary. In this case it is free-form, in the name of the employer, with the obligatory indication of the fact that you need a shopping mall.

And also with an expression of a request that the cost of the form be deducted from wages. If you pay the cost at the box office in cash, an application may not be required.

The cost of TC can vary significantly. It all depends on which batches of labor forms are purchased and in what time frame they were purchased. How much does a workbook cost? Their current prices are:

  1. For a batch of 5 to 99 pieces - 190 rubles each.
  2. For a batch of over 100 pieces - 110 rubles each.

If the price of the form differs significantly from the indicated one, the employer overestimates it. He has no legal right to sell it at an inflated price compared to the one at which he acquired it.

When purchasing book forms, they are drawn up in special lists of statements, indicating the number of your form and the purchase price.

It is easy to check and at the first check of the GIT inspectors, such an enterprising personnel officer (employer) will be fined. If the amount is significantly underestimated:

  1. Forms were purchased before the price change and were cheaper.
  2. The company compensates part of the cost of the form.

Properly executed work book - sample and examples:

Step by step instructions for the employer

If you are an employer or, you need to approach the issue of registration of books very carefully. The slightest violation can be fraught with the development of problems. Therefore, keep in mind that you must fill out the form very carefully, and if by chance you make a blot or mistake, the form must be replaced.

For a person applying for a job for the first time, a work book will need to be filled out in his presence. To do this, he must provide you with a passport and a document on education.. Labor must correspond to passport data.

And if a different surname is entered in the document on education (qualification), demand a document confirming its change. For example, if a woman is married, she must submit a marriage certificate and a copy of it. A copy must be certified and put in her personal file along with copies of other documents.

Filling out the title page will not be difficult, as it indicates what information you need to enter. But you need to comply with the standards established by legislative documents. In particular:

  1. Fill out the form legibly, neatly, without blots.
  2. Use a blue or purple ballpoint pen, you can write with ink.
  3. Dates should be given in Arabic numerals only.

They must be kept in the safe of the accounting department, along with the income and expense ledger. You can take the form only against a receipt, which indicates which employee a work book is started in accordance with the requirements of the Ministry of Labor for No. 69.

If the form is damaged, it must be written off by an act and destroyed, and the next one must be taken to fill out. It is not forbidden to store the forms with a person authorized to maintain the Labor Code, as well as with the employer.

If you are a beginner entrepreneur and do not know how to purchase forms, go to the website and order forms from intermediaries. They have a specialized power of attorney from Goznak and a license to distribute TC and forms.

Get the right batch right away and store it in the organization so that they are always available, since the provision of a labor worker must be within 5 days from the day the employment contract is concluded.

If these deadlines are violated or other violations are committed, then the GIT inspectors will impose fines that, at a minimum, fit in the amount of 300 to 5,000 rubles.

Before you start filling out the TC, you need legal grounds. These include:

  • application for a job;
  • The order of acceptance to work;
  • an order to issue and fill out a labor form.

After the title page is filled out, the owner of the labor puts a signature at the bottom. Signed below:

  • head of the personnel department;
  • or employer;
  • or an authorized person.

If the enterprise is small, which does not have a staff of persons responsible for office work, as well as a personnel department or similar, the employer has the right to grant the right to fill in the labor to the chief accountant, in accordance with the legislatively approved Rules of April 16, 2003, No. 225.

However, if he filled out the labor instead of the head without an order, using a facsimile seal with his signature, this will be considered a violation.

When signing, be sure to follow the sequence, and put:

  • job title;
  • signature (stroke);
  • its decoding with initials.

When hiring a foreign citizen, it is not necessary to start a shopping mall if it can be employed under a work contract or otherwise.

However, at his request and demand, the TC will have to start. Moreover, in accordance with Article 65 of the Labor Code of the Russian Federation, the employer does not have the right to refuse a person in official employment. It is unacceptable to accept labor from foreign countries or take into account the length of service entered in the book of a foreign citizen, worked out outside the Russian Federation.

In this case, it is necessary to clarify in accordance with the list, its professional suitability. For persons with Soviet-style education documents, the right to education is preserved. For others, qualification confirmation is provided if the educational institution is not included in the list of generally significant ones.

Without this condition, the personnel officer fills out the shopping mall by analogy with an uneducated worker. The exception is invited specialists of a high professional level according to a collegially agreed official decision.

An important point will be filling in the last name, first name and patronymic in Russian. In order for it to be entered correctly, a separate application from the employee will be required, in which he will personally confirm the correctness of the entered data corresponding to the passport data in his native language.

If the personnel officer is the owner of the labor

When applying for a job in the personnel department, a person should not fill out his own TC, since he always has alternative opportunities. In addition to the personnel officer, the employer can fill out any book. The labor personnel officer will not be an exception.

Accordingly, he can sign only in the place where the owner of the labor is signed, and below:

  • signed by the employer;
  • or a working (other) personnel officer;
  • or a special authorized person.

The authorized person must be determined by a special order.

Among the negative reasons in this regard is the one that does not consider a person without a labor (see) - a full-fledged employee, even if there is an order and an employment contract. If we are talking about dismissal, the question can be put a little differently.

Conclusion

Filling out the shopping mall during the initial registration of an employee is an important step. In this case, it makes no sense to take actions that are not regulated by law and treat this issue arbitrarily. After the book is properly executed, it must be registered in the ledger and stored in a place that meets the rules, for example, in a safe.


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