Sample entry in the work book upon dismissal of one's own free will. Record in the work book about dismissal of one's own free will

) - the main document of the employee on his work activity and work experience (clause 2 of the Rules, approved by Decree of the Government of the Russian Federation of 04/16/2003 No. 225 (hereinafter referred to as the Rules)). Therefore, this document must be drawn up properly. This also applies to the employment record of dismissal.

Entries in the work book upon dismissal: the procedure for filling out

There is a certain procedure for filling out a work book when an employee is dismissed (Section 5 of the Instruction, approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69):

• column 1 of the work book indicates the serial number of the entry;
• column 2 reflects the date of dismissal;
• in column 3, an entry is made about the reason for dismissal;
• column 4 indicates the details of the document on the basis of which a dismissal entry is made in the work book.

Record in the labor: dismissal of one's own free will

Most often, the employer parted with the employee due to the fact that the latter himself expressed a desire to quit. Therefore, let's consider filling out a work book using the example of this situation.

Record of dismissal in the work book: sample

When an employee is dismissed at his own request, the following entries are made in the work book:

Signature of the employee in the work book upon dismissal

Upon dismissal, the employee must certify with his signature the entries made in the work book during his work with this employer (clause 35 of the Rules).

In addition to the employee, the head of the organization (IP) or the employee responsible for maintaining work books must sign in the work book.

Printing in the work book upon dismissal

Since April 2015, organizations must use the round seal only in cases established by federal laws (Federal Law No. 82-FZ of April 6, 2015). In all other situations, the seal is used only if it is available (that is, the organization itself decides whether it needs a round seal or not).

Proper HR record keeping is a real science. In order to avoid mistakes leading to administrative penalties, specialists of personnel departments must follow the standards established in Russian labor legislation with absolute accuracy. Including those articles that spell out the rules for maintaining documents regarding the hiring and dismissal of employees.

Labor Code to help

In order to carry out the dismissal of an employee in full accordance with the law, among other procedures, it is necessary to make a correct entry in his personal work book. However, you do not need to independently figure out how to formulate one or another reason for dismissal, it should be remembered that the wording for all possible reasons for this is clearly spelled out in the Labor Code of the Russian Federation. When making an entry, it is imperative to indicate the number of the article, part, and also the paragraph of the Federal Law - this is precisely the norm established in the article.

Why do you need a work book and what information does it contain

Before starting a more detailed conversation about records for reasons of dismissal, let's consider why a work book is needed at all. As the law explains, a work book is an important document that allows you to calculate the total work experience, for example, for calculating a pension; contains information about education, and also informs employers about the merits of a new employee in previous jobs and the reasons for dismissal from there. The following must also be included in the workbook:

• dates and reasons for transferring an employee from one position to another;
• information about recruitment and dismissal;
• information about obtaining additional professions;
• reports on completed courses for advanced training and retraining;
• information about the partnership;
• information about awards and achievements, etc.

If an employee has changed his surname or during his work in the company, its name has changed, this must also be noted in the work book.

And now we will take a closer look at the most common reasons for dismissals and the rules for entering information about this in the work book.

Care on your own - how to reflect in the labor

Oddly enough, but it is precisely the departure from work on the personal initiative of a person that most often raises doubts among novice personnel officers: what to refer to, what entry to make in the labor in this case? Due to the fact that the Labor Code contains several articles at once that are suitable for this situation, there are several options:

1. first option: rely on . Then you need to write something like this: “In accordance with paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the Labor contract was terminated at the initiative of the employee. Such a record does not cause any complaints;
2. can be formulated a little differently “In accordance with paragraph 3 of part 1. Art. 77 of the Labor Code of the Russian Federation, dismissed of his own free will. This possibility is indicated in (Instruction specially developed and approved by the Ministry of Labor of Russia).

In cases where an employee leaves the position on his own initiative for reasons that allow him to receive some benefits, subsidies and other benefits, the personnel specialist must clearly indicate these reasons.

Among others, this may include caring for a child if necessary until the age of 14, a certificate of transfer of a spouse to work in other regions, etc. If any questions arise on this point, then you can read the article in more detail - a detailed explanation is given there.

Regardless of the reason that served as the basis for parting with work of one's own free will, after entering this fact into the work book, it is necessary to put the signature of the personnel officer, the signature of the employee with the inscription "familiarized", as well as the seal of the enterprise.

What to write in the labor if an employee is being transferred

According to the main personnel document that regulates the relationship between the employer and employees, in cases where an employee is transferred from one place of work to another, the basis for the transfer plays an important role. A transferred person can be:

• of their own free will;
• by order of management, but only with the expression of consent.

The specialist at the former place of work must indicate one of these two points, while the personnel officer from the new job does not need to write about the reasons for the transfer. It is enough to confine ourselves to a brief note that the employee was hired for such and such a position in the order of transfer.

Important! When making any records of dismissal in work books, it is necessary to strictly follow the letter of the law and not make mistakes. Quite often, specialists in personnel departments, when recording information about dismissal, refer to Article 80 of the Labor Code of Russia. But it must be remembered that this article does not serve as a basis for dismissal. It only streamlines the termination of a previously concluded employment contract between the organization and the employee. If a personnel specialist from a new job finds this error in the employee's work book, he will ask the person who made it to correct it. Thus, a small mistake can lead to unnecessary troubles and worries.

Dismissal by agreement of the parties

Sometimes, in order to finally part with an unlucky employee, employers resort to a rather neutral record with the wording: “Fired by agreement of the parties.” In this case, it is necessary to refer to. I must say that the Labor Code does not provide for any strict requirements for this kind of dismissal, but it is worth remembering that an agreement is possible only with the mutual voluntary consent of the parties.

In addition, in this case, the employee has the right to the so-called "compensation" or, more simply, monetary compensation.

Retirement: the correct entry in the work book

Sooner or later, all people leave their jobs due to retirement. Therefore, each personnel officer must firmly know how to draw up an entry in the labor in these cases.

To begin with, it should be said that the dismissal of an employee in connection with the onset of a pension is possible only when a certain age is reached and only on the basis of his voluntary desire.

After the employee declares his will in writing and the management of the enterprise signs the order to dismiss him from his position due to reaching retirement age, you can make an entry in the work book.

In case of dismissal upon retirement, it is necessary to rely on the article. An employee, as well as a specialist in the personnel service, must put a personal autograph under the record, then it should be certified with the seal of the enterprise.

Other grounds for dismissal

According to the Labor Code of the Russian Federation, there are three most common types of grounds for parting with an employee: at the request of the employer, general, and in connection with circumstances beyond the control of the parties.

But, in addition to these grounds for dismissal, there are also several additional ones. These include:

• recognition of the enterprise as bankrupt;
• adoption of a decision by a legal entity to terminate the employment contract.

In these unpleasant cases, in the work book, you need to refer to the article, and not to, and make the formulations that correspond specifically to it.

Thus, before writing to the labor of an employee about dismissal, it is advisable to check with the Labor Code. All possible reasons for dismissal are indicated in it in various articles and are described in detail. In order to save yourself and the person being fired from possible problems in the future, it is necessary to avoid mistakes and refer to those articles that correspond to certain circumstances for parting with a former employee.

The work book is an important document. In this article, you can download the form in word format and read other important information about this document.

Work book of an employee and why is it needed

According to Russian labor law, an employer, company or individual entrepreneur is required to keep a work book. For each employee who worked more than 5 days, if the work for this employer is the main one for the employee (Articles 66 and 309 of the TKRF). All main entries in the work book must be made in purple, black or blue ink. Abbreviations are not allowed. The employee must present his work book at the time of signing the employment contract. There are two cases when a work book is not presented:

At the time of joining the company part-time (according to Article 283 of the Labor Code).

At the time of employment for the first time (Article 65 of the Labor Code). How to draw up the first title page of a work book.

In the workbook:

• The full name of the employee must be indicated. The necessary information can be taken from a personal passport, or other document that proves identity. Let's say a driver's license, a foreign passport or a military ID. You should not replace your name and patronymic with abbreviated initials.
• Date of birth must be written in Arabic numerals. The month and date of birth are indicated by two-digit codes. Year of birth - four-digit code. No need to write the month in words.
• Education information must be included. All information in this line must be entered based on a certificate, diploma or certificate. In this line, you can specify secondary, higher vocational, secondary vocational education, etc. It is also allowed to indicate incompletely completed education.
• The profession is indicated. Information must be entered based on the documents on the education received.
• The date must be entered. It is necessary to write the current date on which you will draw up a work book. The month can be indicated both in words and in numbers. This will not be considered a mistake.
• The signature of the owner of the work book must be found. In this line, the employee himself must put his signature.
• There must be a signature of the person who is responsible for maintaining labor books. It should be put by the person who is compiling this document. As a rule, they are the head of the personnel department. But, since the accountant is engaged in all personnel work, then his own signature can be in the work book.
• There must be a place for printing. The seal of the organization should be affixed here. It is allowed to stamp the personnel department, if any.

All employees who have worked in the organization for more than 5 days must make an entry in their personal work book. This requirement applies only to the main place of work.

Work book dismissal of one's own free will: Sample 2016.

Recruitment

In this article, we will talk about how the work book should be filled out upon dismissal of one's own free will in 2016-2017. But first of all, it is worth mentioning how this document is filled out when applying for a job.

So, you need to enter:

• Information about the company in the column of the third section.
• Information about work. Here you need to enter the name of the company. It is also allowed to indicate the abbreviation, if any.
• In the column - Record number should put a serial number. In the event that this entry is the first, then in the column you need to put down the number - 1. 3. date. The date of employment should be indicated only in Arabic numerals. 4. In column number 3, on the same level as the date of employment, you must make a record of employment.
• In the event that you are hiring an employee in any structural unit, you must indicate his full name. Here you also need to indicate the name of the position of the employee, based on the staffing table.
• In column number 4, you must indicate the number and date of the document, based on which the employee was accepted into the company. Basically, this document is an employment order.

Part-time employment

A record of part-time employment must be entered in the work book at the personal request of the employee. In the event that the employee does not personally ask you about it, then there is no need to make an entry in the work book. There will be no violation in this. But if the employee asks you about it, then you need to enter information similar to the place of work under the next account number. The entry is made only by the employer himself at the main workplace, based on a certified copy of the employment order, or a certificate from the place of work part-time.

Transfer of an employee to another department or to a new position

If you have employed an employee and wish to transfer him to another unit, or assign him another position, then this action must be reflected in his work book. To do this, you need to make a record of the transfer.

• In the column - Record number - you should write its serial number.
• The date. Here you must specify the date of transfer (in Arabic numerals).
• In the column under the number - 3 - you need to make a record of the transfer. Here you should indicate the position of the employee and the department where he will work.
• In column number-4, it is imperative to indicate the date and number of the document on the basis of which the employee was transferred to a new position, or to another department.

Filling out a work book upon dismissal of one's own free will 2016:

Dismissal

If an employee is dismissed of his own free will, then the work book is also filled out correctly. You should take a look at her sample filling in 2016-2017.
Dismissing an employee, you must definitely put a record of dismissal in the work book. This should be done in a timely manner. Since on the last working day of the employee, the work book must be returned to him. Otherwise, the organization may face large penalties from the labor inspectorate. And the former employee will have to reimburse compensation. One of the most common grounds for dismissal is voluntary dismissal.

• In the column - number of the record, put the serial number of the record.
• The date. The date of dismissal is indicated in Arabic numerals. This date will be the employee's last working day.
• In column number 3, it is necessary to put down a record of dismissal and indicate the reason. In addition, a link to the article of the Labor Code of the Russian Federation, on the basis of which the employee was dismissed, should be indicated.
• Suppose, at the time of dismissal at personal request, it is necessary to refer to Clause 3 of Art. .77 TK.
• In the event that both parties agree, the link will be indicated in clause 1.st.77 of the Labor Code of the Russian Federation. 4. In column number 4, you must indicate the date and number of the document by which the employee was dismissed. As a rule, this document is an order to terminate labor. contracts.
• At the time of the employee's dismissal, all those records that were made during his work activities in this company must be certified by its seal and the personal signature of the employer, or another person who has the right to do so. It is necessary to ask the employee to affix a personal signature under all entries entered in the work book. For example, an incorrect entry was found in the work book, and now you need to correct it. There is no need to rush to cross it out, or cover up erroneously entered information. According to the rule of filling out work books, this action is prohibited. There is only one possible way - to invalidate this record. After making corrections, you will need to make a new entry.
• In the entry number column, enter its serial number.
• The date. You must indicate the date on the basis of which you invalidated the incorrect entry. - I.e. the date you will make the corrections.
• In column number 3. Write the following - Entry number ____ is invalid.
• In column No. 2, write the date of the new correct entry.
• The correct entry must be made in column 3. 1.
• In column - 4, you must write the date and number of the document on the basis of which you recorded the correct data.

Instructions for the preparation of work books. Examples of the wording of entries at the time of dismissal of employees:

Well, the time has come to talk about how to fill out a work book upon dismissal of your own free will. Here we will give you illustrative written examples.

Paragraph and Art. TC Entry in the work book

P 1 stat. . 77 The labor agreement was terminated by agreement of both parties.

Clause 1, part 1, stat. .77 . P un.2 article. 77 The employment agreement was terminated due to the expiration of this contract.

Pt.2. article 77. . P 3 stat. . 77 (optional) Termination of the contract occurred at the personal request of the employee.

P 3. Part.1. stat. . 77. P 5 article. 77 termination of the employment contract occurred due to the transfer of the employee, at his personal request, to work at Foriter LLC.

Paragraph. 5. . article 77. P 6 Art. 77 Action labor. of the contract occurred due to the refusal of the employee to continue working in connection with the change of ownership of the company's property.

Clause 6. The first part of article 77. The termination of the employment contract happened due to the employee's refusal to continue working due to a change in the jurisdiction of the company.

Point 6. first part. Article 77 The employment contract was terminated due to the employee's refusal to continue working in connection with the reorganization of the company.

P. No. 6. frequent No. 1. p.77 Pun7 article. 77 The employment contract was terminated due to the employee's refusal to work due to changes by some parties of the basic terms of the employment agreement.

P-t 7. The first part. Art.77. Item 8 article. 77 The employment agreement was terminated due to the refusal of employees to be transferred to another job, based on a medical report.

Item number 8. 1 part. Art.77.

Clause 9 article 77 termination of labor. The contract occurred in connection with the refusal of the employee to be transferred to work in another region together with the employer.

Item 9. part 1. from 77. Paragraph 11 of Art. 77 The employment contract was completely terminated due to violation of the rules for signing the contract established by the Labor Code.

P.11. 1 hour Article 77. Article 71 termination of the employment contract occurred at the employer's own request due to unsatisfactory test results.

Art.71 and Art. 81 The termination of the employment contract occurred at the request of the employer due to the liquidation of the company. paragraph 1. part 1.st81. The employment contract was terminated on the personal initiative of the employer due to the termination of the activities of the individual entrepreneur. P-t 1. part 2. p.81.

Art. 81 The termination of the employment contract occurred at the request of the employer himself. Due to the reduction in the number of employees of the company.

Clause 2. Part 1. p.81.. stat. 81 Termination of the employment agreement at the request of the employer due to the inconsistency of the employee with the position held. Due to his insufficient qualifications, which was confirmed by the results of the certification.

Clause 3. 1h.st.81. The employment contract was terminated on the employer's own initiative due to the inability of the employee to perform the necessary job duties, due to his insufficient qualifications.

How to fill out a work book upon dismissal of your own free will:

Clause 3.ch.1.art.81. P.4 stat. 81 The employment contract was terminated at the request of the employer due to a change in ownership of the company's property.

Clause 4. stat. 81. P 5 Art. 81 Employment agreement terminated at the initiative of the employer. Due to the employee's constant failure to perform labor duties without a good reason.

Item 5. art.81. p.p. - A - p. 6 p. 81 The employment agreement was terminated on the personal initiative of the manager due to the employee's constant absenteeism.

P-P A. p.6. 1 part. Article 81. Sub-clause - B - clause 6 h. The employment agreement was terminated on the personal initiative of the head in connection with the appearance of the employee at work in a state of intoxication.

P-P B. p.6. part 1. p.81. pp- In paragraph 6 of Art. 81 The employment contract ceased to be valid at the personal request of the employer in connection with the disclosure by the employee of state secrets, which became known to him, due to the performance of labor duties.

Subparagraph B. Paragraph 6. part 1. article 81 The employment agreement was terminated at the initiative of the employer himself due to the disclosure by the employee of the trade secret of the organization, which became known to the latter, in view of the performance of official duties.

PP B. Clause 6. part number 1. stat. 81. The employment agreement was terminated at the personal request of the employer due to the disclosure of official secrets, which became known to the employee, in view of the performance of his official duties.

PP B. Clause 6. ch1. stat81 P-P G p. 6 Art. 81 The employment agreement was completely terminated at the personal request of the employer due to the employee stealing other people's property at the main place of work. according to the final judgment of the court.

PP -G- Item. 6. part 1.s81 termination of labor. contract occurred on the personal initiative of the employer. Due to the commission of damage by an employee of someone else's property, according to the court verdict that has entered into force.

P.P.P.P.6. Ch1. article 81 Subparagraph - D. paragraph. 6 from 81 Labor ceased to operate at the initiative of the employer, due to violation by the employee of the established requirements for labor protection, which entailed serious consequences.

P P-D. item 6. Art. 81. The employment agreement was completely terminated at the personal request of the employer due to the violation by the employee of the basic requirements of labor protection, which created a threat of serious consequences.

P-P.D. P.6. 1 part. Art.81. P. . 1 st. 81 The employment agreement was completely terminated on the own initiative of the head due to the commission of guilty acts by the employee who is engaged in the maintenance of financial values, which led to a complete loss of confidence in him by the employer.

P-t 7. . satya81. P8 h. 1 p. 81 The termination of the employment contract occurred at the request of the employer, due to the commission by the employee conducting educational functions of an immoral act that is incompatible with the further conduct of labor activity.

P.8. Part 1. st81. Pt 9 Art. 81 The employment agreement was terminated at the employer's own initiative. The reason was an unreasonable decision that could lead to a violation of the safety of the company's property, paragraph 9, part one from 81 P 10 s81 The employment agreement was terminated at the personal request of the employer due to the employee's gross violations official duties.

Item number 10. . Art. 81. P11 part 1 The employment contract was terminated on the personal initiative of the employer due to the submission by the employee to the employer of incorrect documents when drawing up the employment agreement.

P. 11. Part 1. P. 81. P- t 1 p. 8 1 The employment agreement was terminated due to the conscription of the employee for military service.

P1. Part 1. 83. The employment agreement was terminated for reasons beyond the control of both parties, in view of the assignment of the employee to alternative service.

P 1. Article 83. Pun2 Art. 83 The employment agreement was terminated due to the reinstatement of the employee who previously performed this work, according to the decision of the labor inspectorate.

P 2. 1 part. The employment contract was valid due to the reinstatement of an employee who performed this work earlier, according to a court decision.

P.2. 1 part. Art.83. P3 Art. 83 The employment agreement ceased to be valid due to the non-election of the employee to the position.

P 3. Art.83. P-t 4 s. 83 Employment agreement terminated due to conviction of the employee to a punishment that precludes continued work, according to a court verdict, which has entered into force.

Filling out the work book, as well as other documents, must be done correctly, without any errors and typos, since this is a personal work document of a citizen that records the working period of each person.

This document is referred to in the following regulations:

• Art. 66 of the Labor Code of the Russian Federation - the obligation of the employer to conduct individual labor for each specialist, if the place in his company is the main one for the latter, and he has worked on it for more than 5 days, while this option applies to all employers without exception - enterprises and individual entrepreneurs;
• Government Decree No. 225 of 2003 specifies the rules for filling out and storing work books;
• Decree of the Ministry of Labor of 2003 No. 69 instructions for creating an entry in a document;
• The letter of the Ministry of Finance dated 2007 No. 03-01-15 / 9-286 indicates that work books are not subject to approval, like strict reporting forms.

Labor Code of the Russian Federation Article 66. Labor book

The work book of the established form is the main document on the work activity and work experience of the employee.
The form, procedure for maintaining and storing work books, as well as the procedure for preparing blank work books and providing employers with them, are established by the federal executive body authorized by the Government of the Russian Federation.
The employer (with the exception of employers who are natural persons who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee.
The work book contains information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for terminating the employment contract and information about awards for success in work. Information about penalties in the work book is not entered, except in cases where dismissal is a disciplinary sanction.
At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

Who is obliged to form records in the labor

Important: upon dismissal, the employee of the personnel department fills out the work book, he is obliged to enter all the necessary information into it, put his signature and the seal of the organization. Also, the document must be signed by the head of the enterprise.

How to make an entry in the work book about hiring and dismissal - see here:

When filling out the personnel officer must comply with the following requirements:

• The labor must be filled out with a lilac, purple or red pen, ignoring these requirements may lead to the loss of legality of the document;
• It is impossible and unacceptable to reduce words, sentences, etc.;
• All the specified data must be carefully checked and submitted for verification to the owner of the document, after studying the record, he is obliged, if he agrees, to put his signature;
• In this case, the record must exactly copy the justification for dismissal in the order;
• Also, the book necessarily contains articles of the law and details of the order.

The day of issuance of labor is the day the employee is dismissed, that is, his last working day, by this date it must already be filled out and checked.

Instructions for filling out labor upon dismissal

Filling out a work book can be performed according to a different scenario, but there are certain rules that are unchanged in any case.

When creating a record, you should:

• In the 1st column, indicate the serial number of the record, for example, 11;
• In the 2nd, indicate the date of the entry, that is, this is the date of the last working day or the day the employee was fired;
• In the 3rd column, indicate the reason for dismissal, there will be significant differences in various cases, since the reasons for terminating legal relations and explanations for them are different;
• In the 4th, a reference is made to the decree of the head, its details and the date of formation are indicated.

It is also necessary to observe the features of making an entry in the labor in accordance with the reason for the calculation.

Nuances of filling in various situations

By decision of the employee

If the dismissal was preceded by an employee’s statement about such a desire, and the employer releases him with a light heart, then it is necessary to indicate “Dismissal of one’s own free will”, if there is an existing reason for such a dismissal, it is important to continue the entry with the wording “In connection with ...”.

According to what rules it is compiled - read in the publication at the link.

Mutual decision

This option is no less common than the previous case, then in the 3rd column of the labor one must indicate “By agreement of the parties” and make a reference to Art. 77 p. 1 of the Labor Code of the Russian Federation. you will learn how to write a letter of resignation by agreement of the parties.

Labor Code of the Russian Federation Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:
1) agreement of the parties (Article 78 of this Code);
2) expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;
3) termination of the employment contract at the initiative of the employee (Article 80 of this Code);
4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution (Article 75 of this Code);
7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);
9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);
10) circumstances beyond the control of the parties (Article 83 of this Code);
11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).
An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

Termination of the organization

Since liquidation is a preliminary decision of the owner or a meeting of founders, then the entry should indicate the initiative of the management, that is, it will be worded as follows “On the initiative of the employer in connection with the liquidation of the company”, while reference should be made to paragraph 1 of Art. 81 of the Labor Code of the Russian Federation.

Death of a worker

In the event of the death of an employee, it is imperative to complete the work book, in this case it is necessary to indicate “In connection with death”, while indicating as the basis for clause 6 of Art. 83 of the Labor Code of the Russian Federation.

After proper completion, the document, together with payments, is transferred to the relatives against receipt and, if they provide documents confirming kinship, or at the written request of one of the relatives, send everything by registered mail.

Downsizing

In case of refusal to transfer

There are such options when an enterprise moves to a new region and one of the employees is against such a move, or the employee is simply transferred to a new place of work for medical reasons. But he refuses, and there are many reasons for this, ranging from worse working conditions to low wages or family disagreement to move.

In this case, an entry is made in the labor record that the dismissal occurred due to the refusal to transfer on the basis of Art. 77 p. 8 of the Labor Code of the Russian Federation.

Upon dismissal of a director

The dismissal of a director can occur for various reasons specified in the Labor Code of the Russian Federation, while an entry in the work book is formed approximately as follows: “Dismissed by the general meeting of shareholders of a company of such and such on the basis of a unanimous decision to terminate the employment contract in accordance with Art. 278 p. 2 of the Labor Code of the Russian Federation.

General rules and an example of filling out a work book

Since there is no common opinion on the wording of the record, its formation causes many difficulties.

Important: it is necessary to indicate in the document such an entry as it is quoted in the law, for example, “Termination of the employment contract at the initiative of the employee”, as stated in Art. 77, and not "of their own free will."

Due to different wordings in legislative acts, opinions are divided - some believe that on the basis of Art. 66 it is necessary to indicate dismissed, while others prefer the word terminated the contract or terminated.

Third parties believe that it is necessary to form a record identical to the order, while the unified form of the order says that it was issued on the basis of termination of the employment contract.

In addition, practice confirms the inexpediency of using the word “fired”, since it is impossible to fire a deceased person. Here it is more acceptable to use the words terminated the contract or ceased to exist.

Design example

If an incorrect entry was made during filling or it is necessary to cancel an already prepared entry, as circumstances have changed and the employee remains at the workplace, then crossing out an unnecessary entry is the wrong solution to the problem.

It is necessary to write below under the next serial number that the entry under such and such a number is invalid and write the correct entry below.

Example:

1. 02. 02. 2017 "Fired due to the liquidation of the enterprise ..."
2. 03. 02. 2017 "Entry No. 3 is invalid."

Information about the work experience of an employee should be indicated in his work record, which is started at the first employment, and then marks are made in it about work with each employer in the future. He provides it when registering with the personnel department, and upon termination, the personnel officer with a mark gives him this document in his hands. An entry in the work book about dismissal of one's own free will in 2018 is made in the same content as before.

This document is currently the primary one, which reflects information about a person’s work at enterprises in order to confirm his length of service to determine pension coverage.

Due to the importance of this register, the basic rules and requirements for filling it out are determined by legislative norms - the Labor Code of the Russian Federation and the relevant regulations:

• The current acts determine that work records must be made in the labor record if the employee has worked at the enterprise for more than five days, provided that work is the main place for him. The employee has the right to ask his employer to enter a part-time job in the labor record.
• Marks in labor are made with a black, blue or purple pen.
• Each entry made in the register must be numbered and have its own serial number. The number must be specified using Arabic numerals. In each cell, a two-digit day, a two-digit month, and a four-digit year are indicated after it.
• The first page of the labor must contain the personal data of the employee, which are subject to mandatory verification with information from the document proving his identity. This must be done for labor authentication.
• On the same page, the seal of the company that first issued this document for the employee must be present. Without it, labor can be invalidated.
• In this register, each admission record must be closed with a dismissal note if the employee has already terminated the employment contract. If such a situation develops in a labor situation, then the employee cannot be accepted at the main place, you must either go to the previous employer and close the record, or get a job on a part-time basis.
• When an employee is brought to a disciplinary sanction, the corresponding marks are not entered in the register in question, with the exception of dismissal.
• All records entered into labor records must comply with orders for hiring or dismissal. They do not allow abbreviations.
• The personnel specialist may, in accordance with the established procedure, enter into labor records on the establishment of continuous experience or the exclusion of periods that are not included in it.

Important! It is not allowed to strike out entries in the labor, with the exception of the page with personal data. Corrections should be made with corrective marks.

On the basis of what documents is the entry in the work book

The Labor Code of the Russian Federation and the instruction for entering data into work books establish that all entries made in this register must be made on the basis of written instructions from the management, as well as submitted supporting documents.

Based on what the main records are made:

• The initial registration of labor is carried out on the basis of a passport, as well as a document on education.
• An admission record is made on the basis of the published one with the obligatory indication of its details.
• An entry in the work book on the completion of an employment relationship must be made only if it is published.
• Information about the transfer is entered on the basis of the issued order for its transfer.
• The labor record must contain a record of military service, it is compiled on the basis of a military ID.
• If the employee underwent a retraining or its increase, then information about such an event is indicated in the labor on the basis of the submitted document on education.

Attention! In the process of carrying out activities, the company can be renamed, this information must also be reflected in the worker, but without assigning a serial number to the mark. The basis is the order of the administration on the renaming.

How to make an entry upon dismissal of your own free will

An example of an entry in the work book about dismissal of one's own free will in 2019

If a dismissal is made of one's own free will, the following line is written in the document: "The employment contract was terminated at the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation."

Important! When applying for a labor certificate upon dismissal from the company of one's own free will, make a reference to Art. 80 of the Labor Code is impossible, only on article 77, paragraph 3.

An example of a labor record if an employee goes on vacation with subsequent dismissal

Vacation with subsequent dismissal of one's own free will is one of the special cases of simple dismissal of one's own free will. Registration is made according to the same rules. The main feature here is that the date of dismissal and the date of execution of the order will differ.

Attention! Information that the employee was on vacation before the termination of the contract is not included in the work.

The main mistakes when filling out

All the mistakes that personnel officers make when making an entry can be divided into general and related to the preparation of the entry:

• Making an entry with green, red or other colored ink. To write in the labor, you can use a gel or ballpoint pen in black, chenille or purple;
• It is impossible to make reductions of any nature - Labor Code instead of the "Labor Code", etc. instead of "order", etc.

• Using the wrong wording of the reason for dismissal. The entry must be made in exactly the same way as the reason is indicated in the Labor Code or other federal law. At the same time, the Rules for keeping books of the concept "Dismissal" and "Termination of the employment contract" are used as identical;
• The personnel officer does not certify the record of dismissal. After compiling the record, the responsible employee must enter his signature and decipher it. The seal is placed if available;
• The employee does not put an introductory signature. After the dismissed person has read the entry made, he needs to confirm this with a signature. Rostrud recommends that the dismissed put his mark under the signature of the personnel officer.

At what point do you need to issue a work book to an employee

The Labor Code establishes that a fully executed labor with a record of dismissal entered into it must be issued to the employee on the day of his dismissal. The law establishes that in normal situations such a day is the last day of the employee in his place.

However, this rule does not apply if the employee takes leave with dismissal after it. In such a situation, while on vacation, the employee is still actually registered with the enterprise. However, in this case, he needs to issue a calculation and labor on the final day of his actual stay in the company - this is the last day before going on vacation.

Attention! If the employee is at his place on his last day, by law the responsible person is obliged to hand over the book in his hands and receive a signature in this action. Delay in issuance is not allowed for any reason.

What if the employee refused to pick up the book

If the employee on his final day at work was in his place and was notified of the need to get his hands on the labor, but for some reason refuses to come and do it, you must invite a commission and record this with an act.

It must be reflected in it that in the presence of witnesses, the employee was asked to pick up the document and sign for its receipt, but he refused to do so. If the reason was named, then it is also recorded in the act.

After that, a notification is sent to the employee at his postal address. In this document, the employer must invite his former employee to come to the personnel department and receive the labor in his hands, or give permission to send it by mail.

From the date of sending such a notice, the company is relieved of any responsibility for the failure to issue labor.

The fact that a notification has been sent can be confirmed in the following ways:

• Register the document in the log of outgoing letters and keep a copy of it in the archive;
• Obtain a receipt from the courier confirming the receipt of the document for shipment;
• Notification of the delivery of the postal item with which the message was sent.

Important! Forwarding by labor mail is possible only with the written consent of the employee. If he does not give such consent, or ignores the notification, the labor record must be kept in the company at all times.

Responsibility for the delay in issuing a labor

The legislation not only does not allow the administration, under any pretext, to retain an employee after dismissal, but also establishes a punishment for such an action:

• The Labor Code determines that in the event of a delay in the issuance of labor in hand, the company bears material responsibility due to the fact that by its actions it deprives the citizen of the opportunity to work. In this case, for the entire period of time when the employee did not have a document in his hands and he could not get a new job, the old employer is obliged to give him the average earnings for each day. In this case, the new day of dismissal becomes the day when the book was handed over, and the previous entry is canceled.
• According to the Civil Code, an employee through the court can demand compensation for moral damage to him. When determining the amount of payment, the degree of guilt of the offender, the degree of moral and physical suffering, etc. are taken into account.
• According to the Code of Administrative Offenses, the following penalties are imposed for delaying the issuance of labor:
  • For an official - from 1 to 5 thousand rubles;
  • For an entrepreneur 0 from 1 to 5 thousand rubles, or termination of work up to 90 days;
  • For a firm - from 30 to 50 thousand rubles, or termination of work up to 90 days.