By general rule if the organization that made the incorrect or inaccurate entry is liquidated, the correction is made by the employer at the new place of work on the basis of relevant documents (for example, a copy of the dismissal order).

When dismissing an employee, all entries made in his work book during his time working for this employer must be certified by the signature of the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself. But it may also happen that the entries in work book employee documents made by the last employer are not certified by a seal. And by the time the employee goes to work for another employer, this employer has already been liquidated and excluded from the Unified State Register of Legal Entities. Can a new employer correct the absence of the previous employer's seal in the work book? The deputy head of Rostrud, Ivan Ivanovich Shklovets, answered this question: “If an employee has documents confirming his hiring and dismissal, the new employer has the right to make corrections to the work book. However, the absence of a seal that certifies the records of the previous employer cannot be corrected. One of possible options in this situation - to issue a new work book upon a written application from the person applying for work, indicating the reason for the need to issue a work book.Keep in mind that a new employer has the right to hire such a person to his main job only if he has documents confirming his dismissal from his previous job (for example, a copy of the dismissal order). Otherwise, he can only hire him part-time.In addition, if the work book does not have the seal of the previous employer, it is considered to be improperly executed, therefore, when calculating the length of service to pay for sick leave, the employer will have to use other documents (the same copy of the dismissal order).In the future, the employee may have problems with the employment service (which may not count these periods during the period of paid work for calculating unemployment benefits), as well as with the Pension Fund of the Russian Federation when assigning a labor pension.” Let's summarize: if the employee has a copy of the dismissal order in his hands, then making an entry about hiring in his work book if there is no seal of the previous employer in it is not fraught with anything serious for either you or the employee. Just remember to attach a copy of the dismissal order to the employee’s personal file. You will need it: to confirm the correctness of calculation of the employee’s insurance experience for the calculation of social insurance benefits; for the employee - to confirm the length of service for benefits and subsequently to assign a pension. If the new employee does not have any documents confirming his dismissal from his previous place of work, and you hire him for the main job, then it is better to get him a new work book at his request. After all, during an inspection, the labor inspectorate may consider that you illegally hired an employee for your main job and fine you for violating labor laws.

Question:
The organization is planning to hire an employee. There is no record of dismissal from her last job in her work book. According to the employee, the company where she worked was liquidated while she was on maternity leave. The employee wrote a request for the organization to issue her a new work book.
Is it necessary to issue an employee a new work book? If not, who should record the resignation from the previous job?

Answer:
Having considered the issue, we came to the following conclusion:
There are no grounds for issuing a new work book for the employee.
An entry on the termination of an employment contract with a previous employer can be made by the employer at the new place of work on the basis of relevant documents containing the information necessary to make such an entry.
Rationale for the conclusion:
The work book of the established form is the main document about labor activity and the employee’s work experience (part one of Article 66 of the Labor Code of the Russian Federation). The work book is one of the documents presented by the employee to the employer when concluding an employment contract (part one of Article 65 of the Labor Code of the Russian Federation).
The procedure for maintaining and filling out work books is established by the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books” (hereinafter referred to as the Rules), and the Instructions for filling out work books , approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69 (hereinafter referred to as the Instructions).
Neither the Labor Code of the Russian Federation, nor the Rules, nor the Instructions provide for the possibility of issuing a new work book in a situation where an employee already has a work book of the established form, but one or another entry is missing in it. The employer is obliged to issue a new work book for the employee only if he is employed for the first time (part four of Article 65 of the Labor Code of the Russian Federation).
Not available in in this case and the grounds for issuing a duplicate work book, since it is issued either if the work book is lost, or if there is an entry in the work book about dismissal (transfer to another job) that has been declared invalid (clauses 31-34 of the Rules).
The procedure for making missing entries in an employee’s work book is not regulated by law. In accordance with clause 27 of the Rules, if inaccurate or incorrect entries are identified in the employee’s work book, the employer is obliged to provide the employee with the necessary assistance when applying.

Based on the provisions of clauses 27 and 28 of the Rules, it can be assumed that the employer at the new place of work is given the right to correct any inaccuracies in the work book regarding work with the previous employer, who has already ceased its activities, including making entries that were not made at the previous place of work. Thus, in our opinion, if there are appropriate grounds for making a missing entry, the employer at the new place of work has the right to make such an entry in a manner similar to correcting incorrect entries in the work book.
The basis for making entries in the work book about termination employment contract are the relevant orders (instructions) of the employer (clause 5.1 of the Instructions, clause 10 of the Rules). Accordingly, in order to make a missing entry, the new employer needs a duly certified copy of the dismissal order. Such a copy must be issued to the employee upon his written application by the former employer (Article 62 of the Labor Code of the Russian Federation). If the organization, as in this case, has already been liquidated, then copies of orders can be obtained in the archive (Part 10, Article 23, Article 24 of the Federal Law of October 22, 2004 N 125-FZ “On Archival Affairs in Russian Federation"). It seems that an archival certificate (Part 3 of Article 26 of the said Law) containing the information necessary to make such an entry can also serve as the basis for restoring a missing entry.
Please note that without these documents, the employer at the new place of work will not be able to prove that he lawfully hired the employee at the main place of work and made an entry about such hiring in the work book. After all, an employee whose employment contract continues to be valid at his previous place of work can only be hired part-time. Moreover, an employer who has entered into a contract with an employee on a part-time basis does not have the right to make an entry about hiring for such a job in the work book (Article 60.1 and Article 66 of the Labor Code of the Russian Federation).

E.A. answered questions. Shapoval, lawyer, PhD. n.

We make correct entries in the work book

If you have to study personnel records and fill out work books, then you may be interested in some situations that cause difficulties when making entries when hiring, issuing a duplicate work book, as well as correcting erroneous entries in work books.

You cannot write over the seal of your previous employer.

M.A. Sokolova, Tver

In the work book of the employee being hired, there is a seal of the previous employing organization, which occupies almost all the remaining empty lines in the “Work Information” section. Is it possible to make a new entry over this seal?

: No you can not. The seal certified the entries made in the employee’s work book by the previous employer. (hereinafter referred to as the Rules). Therefore, you need to enter the full and abbreviated name of your organization in column 3 “Information about hiring ...” of the “Information about work” section of the work book below on the free lines not occupied by the seal of the previous employer clause 3.1 of the Instructions, approved. Resolution of the Ministry of Labor dated October 10, 2003 No. 69 (hereinafter referred to as the Instructions).

If the empty lines on the last page of the “Job Information” section are not enough to make a record of hiring, you need to sew an insert into the employee’s work book. Then at the top title page work book, you must put a stamp with the inscription “Insert issued” and indicate the series and number of the insert pp. 38, 39 Rules.

There is an error - make a correction

Yu.M. Deserted, Tver

We incorrectly indicated the date of the order in the employment record. How can I fix this error?

: Inaccurate or incorrect entries, including the incorrectly indicated date of the employment order, are prohibited from crossing out in the “Work Information” section of the work book. To make a correction, you must invalidate the employment record and make the correct entry clause 1.2 Instructions. It will look like this.

(1) Do not cross out the incorrectly indicated date of the order.

(2) Make a single entry regarding the invalidation of the incorrect entry and the hiring with the correct date of the employment order.

An employee who has lost his work book must be issued a new book.

A.E. Smirnova, Kazan

We are hiring a new employee. He wrote a statement that he had lost his work book and provided us with certificates from his previous places of work to fill out a duplicate of the work book. How to correctly make entries in a duplicate work book?

: In such a situation, you should not issue the employee a duplicate work book and restore the entries that were in the lost work book. The fact is that the list of cases when an employer is obliged to issue a duplicate work book to an employee is exhaustive. It includes the following situations and pp. 31, 33, 34 Rules:

• work book lost former employee, who has not yet got a job new work y;
• the work book was lost by the employer;
• the work book has become unusable (burnt, torn, stained, etc.);
• the work book contains a record of dismissal or transfer to another job, which is declared invalid if the employee submits a written application for the issuance of a duplicate work book.

You need, at the request of the employee, to issue him a new work book from Art. 65 Labor Code of the Russian Federation, in which the first job entry is to indicate work in your organization. You do not need to make records of working for other employers. This was confirmed to us by Rostrud.

From authoritative sources

Deputy Head Federal service on labor and employment

“ If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application from this person, to issue a new work book from Art. 65 Labor Code of the Russian Federation. In this case, the new employer is only responsible for issuing a new work book for the employee.

A duplicate of the work book, in case of its loss, is issued by the employer at the last place of work before the loss of the work book, including in the case when the employee has already taken a new job.

That is, if an employee is interested in restoring entries in the work book, it makes sense for him to contact his previous employer for a duplicate. If you have already issued him a new work book, and he brought you a duplicate from the previous employer, then make a record of work in your organization in it, and destroy the new work book issued to him. clause 42 of the Rules.

You cannot “supplement” documents on the basis of which a duplicate is issued.

I.N. Dolgikh, Ryazan

The work record book of one of our employees was damaged, and not all entries in it can be read. To issue a duplicate, he brought us certificates from previous places of work. These certificates indicate periods of work, positions held, numbers and dates of hiring and dismissal orders, but do not indicate the grounds for dismissal. How can we fill out column 3 of the “Work Information” section of the duplicate work book? Do we need to certify the restored records of previous places of work with the seal of our organization?

: First, you must indicate in column 3 “Information about employment...” of the section “Information about work” of the duplicate work book, the employee’s documented length of service before joining your organization in total, without breakdown by individual employer. clause 32 of the Rules; clause 7.2 Instructions. After this, transfer individual periods of work with other employers to the duplicate in accordance with the entries in the work book, in exchange for which you are issuing a duplicate, and the certificates submitted by the employee.

Issuing a duplicate involves restoring all entries contained in the work book, but if the certificates of work submitted by the employee from previous employers contain incomplete data (in your case there is no information about the basis for dismissal), then you do not need to enter additional information from the employee’s words when filling out the duplicate O clause 32 of the Rules; clause 7.2 Instructions.

Then enter information about hiring in your organization and transfers (if any).

Additionally, there is no need to certify the recovered records with the seal of your organization.

You will put your stamp only after the employee resigns. clause 35 of the Rules, approved. Government Decree No. 225 dated April 16, 2003 (hereinafter referred to as the Rules). Then you will certify all the entries made in the work book by your organization, including restored ones.

The entries in the work book will look like this.

(1) You do not number recovery records.

(2) If the reason for dismissal is not indicated in the certificate submitted by the employee, then you do not indicate it either.

(3) If you make a recovery entry based on a certificate submitted by an employee, indicate its details once opposite the dismissal entry, since the certificate simultaneously contains information about hiring and dismissal and clause 7.2 Instructions.

(4) Indicate the full and abbreviated name of your organization.

(5) Place the serial number “1” next to the entry for employment in your organization clause 7.2 Instructions

A record of work as an entrepreneur is not entered in the work book.

A.I. Sinitsyna, Bryansk

We hire an employee who has made an entry in his work book about working as a individual entrepreneur since 2009. What should we do?

: The work book reflects only periods of work under the employment contract Art. 66 Labor Code of the Russian Federation. An entrepreneur cannot make an entry in his work book about conducting business activities.

Rostrud explained to us how to correct an incorrect entry in such a situation.

From authoritative sources

“An entry in a work book can be declared invalid, but not the work book itself. Correction of incorrect entries is possible, but only on the basis of the relevant document clause 27 of the Rules.

If an entrepreneur has entered into his work book information about the period of his occupation entrepreneurial activity, then in this case there is no document on the basis of which a correction can be made.

The new employer may continue to maintain such a work record.

In addition, if an entrepreneur was employed before starting entrepreneurial activity, he can apply to his previous place of work with an application to issue him a duplicate work book and “.

Rostrud

Therefore, make a record of this employee's employment in your organization at general procedure.

The branch must have a person responsible for work books

E.V. Kryukova, Volgograd

Our company opens a branch in another city. Where should we store the work books of branch employees if there is no personnel service?

: Work books for all employees are required to be kept and kept by the employer Art. 66 Labor Code of the Russian Federation. The branch is not the employer Art. 20 Labor Code of the Russian Federation. However, it is not advisable to store all work books in the personnel department or in the accounting department of the parent organization. The fact is that situations may arise when an employee needs to be fired without working off. This means that a work book must be issued to him on the day of dismissal (for example, when an employee who previously performed this work is dismissed due to reinstatement, by decision of the state labor inspectorate or court clause 2, part 1, art. 83 Labor Code of the Russian Federation). It is unlikely that this can be done if work books are stored at the organization’s head office in another city.

Since your branch does not have a personnel service or accounting department, the head of your organization needs to appoint by order one of the branch employees responsible for maintaining and storing the work books of the branch employees (for example, the office manager of the branch) clause 42 of the Rules.

He will certify with his signature the entries in the work books upon dismissal of the employee.

Rostrud explained to us what kind of seal can be used to certify entries in the work books of branch employees in such a situation.

From authoritative sources

“In the case when personnel records management is maintained in a separate structural unit, it is allowed to certify the records with the seal of a separate structural unit provided that the name of the organization itself is also indicated in the seal.”

Rostrud

A record of military service time can be made after a record of employment

I.N. Belousova, Perm

We hired a demobilized employee who had never worked anywhere before serving in the army, but his record of military service We didn’t do it in his work book. Can we make this entry after the hiring entry?

: Yes, you can. Unlike the Soviet Instructions for maintaining labor records, clause 2.17 of the Instructions, approved. Resolution of the State Committee for Labor dated June 20, 1974 No. 162 (lost force) There is no requirement in the current Rules that a record of military service must be made before making a record of employment with subp. “a” clause 21 of the Rules. The fact that the chronology of the records will be disrupted will not in any way affect their correctness. Rostrud also agrees with this.

From authoritative sources

“ Information about the time of military service, in accordance with Federal Law dated March 28, 1998 No. 53-FZ “On military duty and military service” are entered in the work book at the place of work. Since the Rules for maintaining work books do not provide for a strict sequence for making such entries, they can be entered into the work book at any time before the dismissal of the employee and by any employer.

Thus, a record of military service can be made even after a record of employment with ".

Rostrud

Soviet labor books issued in the CIS countries are valid in Russia

Yu.I. Pesotskaya, Voronezh

We hired an employee - a citizen of the Russian Federation, who was previously a citizen of the Republic of Belarus. He presented us with a work book issued in this country, with work records in Russian. This is his first time getting a job in Russia. Can we continue the entries in the work book presented to him or should we get him a Russian work book and transfer into it information from a work book issued in a foreign country?

: It all depends on whether the document presented to you is a work book under Russian law.

This can be either a Soviet-style work book for an employee (for example, approved by Resolution of the USSR Council of Ministers dated April 21, 1975 No. 310), or a new-style work book approved in this CIS country after the collapse of the USSR. If this is a Soviet work book, feel free to make entries about work in it, since these books continue to be valid on the territory of the Russian Federation. If this is a work book of a sample approved by the Republic of Belarus, then it is a foreign work book and is not recognized on the territory of the Russian Federation. Then the employee needs to have a Russian work book. This was confirmed to us by Rostrud.

From authoritative sources

“In the Russian Federation, when applying for a job, work books of the Russian standard are drawn up and maintained, or work books of the Union standard continue to be maintained. clause 2 of Government Decree No. 225 of April 16, 2003.

Maintaining work books of a foreign type, including the type approved by the Republic of Belarus, is not allowed. An employee hired in Russia must have a Russian-style work book issued.”

Rostrud

An employee’s Russian work book does not need to indicate information about work experience in a foreign country. That is, there is no need to transfer entries from a foreign work book to a Russian work book. Letter of Rostrud dated June 15, 2005 No. 908-6-1.

Education information can be entered at any time

Z.I. Bunchuk, Stavropol

This year we hired an employee whose work record did not indicate his education. Diploma of higher education was issued to him in 2010, when he was still working in another organization. Can we make a record of education on the title page of his work record book now?

: Yes, you can. In principle, a record of education on the title page of the work book is made when an employee enters work for the first time in the presence of a document on education and subp. “b” clause 9 of the Rules; clause 2.1 Instructions.

But since the employee presented a diploma when applying for a job in your organization, you need to fill out the “Education” column on the title page of his work book, indicating “higher education” there professional education" Also, based on the diploma, you need to indicate the profession and specialty received by the employee. If the column “Profession, specialty” on the title page of the work book was filled out by the previous employer, and the employee received a new profession, specialty, then this column must be supplemented without crossing out the previously made entry and pp. 2.1, 2.4 Instructions. Do not forget to attach a copy of the diploma to the employee’s personal file.

please tell me what to do in a difficult situation for me. An employee is hired who does not have a notice of dismissal in her work book. She said that the individual entrepreneur she worked for died suddenly. Since he conducted all the affairs personally, no one is authorized to make entries in the labor record. The employee also presented a notarized copy of the death certificate of her former employer and an extract from the Unified State Register of Legal Entities for him, which indicates the stoppage of activities due to death and the date. Can I make an entry about the dismissal in her work book based on the documents presented? If so, what is the date of dismissal and who should sign instead of the former manager? Whose seal should be used to certify the dismissal and what should this record generally look like? Thank you very much!

Answer

Answer to 1 question: Can I make a note of dismissal in her work book based on the documents presented?

Yes, you can make an entry in the employee’s work book about dismissal from their previous place of work on the basis of the death certificate of the individual entrepreneur.

Do not miss: main material months from leading specialists of the Ministry of Labor and Rostrud

Encyclopedia on registration of turnkey work books from the Personnel System.

Answer to question 2: If yes, then what is the date of dismissal, and who should sign instead of the former manager?

It will be useful for you to know about correcting the date in the work book in the material at the link.

The date of dismissal will be the date of death of the individual entrepreneur indicated on the death certificate. There is no need to sign this entry.

Answer to question 3: Whose seal should be used to certify the dismissal, and what should this record generally look like?

There is no need to certify the record with a seal.

To make a record of dismissal from an individual entrepreneur, a new employer has the right to use the rule on the procedure for correcting an incorrect or inaccurate record made by the employing organization in the event of its liquidation, similar to the law (Rules approved). The new employer has the right to make a record of dismissal from the previous place of employment on the basis of the relevant document - in this case, the death certificate of the individual entrepreneur.

To do this, the new employer needs:

• make a record of an employee’s employment in your organization in the general manner;
• make a record of dismissal from an individual entrepreneur due to the death of the employer - individual() and refer to the death certificate.

Details in the materials of the Personnel System:

1. Answer: What to do if there is no record of dismissal in the employee’s work book. According to the employee, the previous employer was liquidated

Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

The legislation does not contain a clear answer to this question.

The current labor legislation does not contain a procedure for making a missing entry in an employee’s work book in the event of liquidation of the organization that was supposed to record the dismissal. In this regard, the new employer has the right to use the rule on the procedure for correcting incorrect or inaccurate entries made by the employing organization in the event of its liquidation, by analogy with the law (Rules approved). The new employer has the right to make a record of dismissal from the previous place of work on the basis of the relevant document - an order (instruction) of the employee's former employer or a copy thereof.* In the event of liquidation of the organization - the former employer, such information can be obtained in the archive. In this case, the new employer must assist the employee in obtaining documents confirming the dismissal. This conclusion follows from the Rules approved by , Instructions approved by , Rules approved by .

In the absence of relevant documents and the impossibility of obtaining them (including by going to the archive), the employer has no grounds for making a corresponding entry in the work book.

In this case, the employee has the right to apply to the court to establish the fact of dismissal from his previous place of work (). The court decision, which established the relevant fact, is also the basis for the new employer to make an entry in the employee’s work book about the termination of the employment contract at the previous place of work ().

Before the fact of dismissal from the previous employer is confirmed (by an archival certificate or a court decision), in order to avoid disputes and double the employee’s length of service, an employee can be hired under a part-time job or under a civil law contract.

2. Answer: How to make changes and corrections to the work book

Correction of information about work, awards

Who should correct an incorrect entry about work or awards in an employee’s work book?

If you find an incorrect or inaccurate entry in the sections of an employee’s work book, it needs to be corrected. Corrections can be made in two ways. The first is that the employee independently contacts the organization that made an error in the work book, and there it is corrected in in the prescribed manner. The second method is that the organization where the employee currently works sends a request to the previous employer and, based on his official response, makes corrections to the work book.

Corrections can be made to an employee’s work book at a new place of work on the basis of copies of orders for hiring, transfer and dismissal, the cancellation of these orders, as well as certificates and extracts from documents in which these orders are mentioned (personal card, personal account, book registration of orders, etc.).

If an organization that made an incorrect or inaccurate entry in the work book was reorganized, an entry about the correction is made by its legal successor. If the organization was liquidated, such corrections must be made at the new place of work. If an incorrect or inaccurate entry in the work book was made by an entrepreneur who ceased his activities, corrections must also be made at the new place of work. Corrections can be made to an employee’s work book at a new place of work on the basis of copies of orders for hiring, transfer and dismissal, the cancellation of these orders, as well as certificates and extracts from documents that mention these orders (personal card, order registration book and etc.). This is stated in the Rules approved.

In the sections of the work book “Information about work” and “Information about awards” nothing should be crossed out, cleaned up or covered with correction fluid. All incorrect entries must be invalidated in accordance with the established procedure.
This is stated in the Instructions approved.

Procedure for correcting incorrect information

You won't have any questions about resignation letter of one's own free will after reading the article at the link.

How to correct an incorrect (inaccurate) entry about work or awards in an employee’s work book

Correct an incorrect or inaccurate entry in an employee’s work book in the following order. In column 1, enter the serial number following last entry. In column 2, enter the date the entry was made, and in column 3, indicate: “The entry with number such and such is invalid.” Then write correct option records. In column 4, repeat the number of the order on the basis of which the entry was incorrectly made in the work book. If the order itself was issued with an error and then canceled, then in column 4 indicate the date and number of the order that canceled it. If the entry in the work book is correct, but the details of the order are indicated incorrectly, reproduce the entry without changes, and in column 4 indicate the correct details.

Using this scheme, correct all inaccurate or incorrect entries: about hiring, transfer, dismissal, awards (including the entry about transfer or dismissal, if these actions are recognized by the court, labor inspectorate or the organization itself as illegal). The rules approved contain the procedure for correcting an incorrect or inaccurate entry at the place of work where the corresponding entry was made, or by the employer at a new place of work. Considering that the rights of the employee should not be infringed, we believe that the employer at the new place of work has the right to correct any inaccuracies in the work book regarding work with the previous employer, including missing information, if there are documents on the basis of which clarification can be made.

Thus, in the process of working for a new employer, you can add it to the section of the work book under the following serial number, indicating the details of the relevant document and place of work. The basis for making a missing entry will be a copy of the order or instruction or an archival certificate (

With respect and wishes for comfortable work, Yulia Meskhia,

HR System expert

Please help me with advice - we don’t know what to do. A new employee came to us to apply for a job. They began to check his documents, and it turned out that he had not been fired from his previous job. Or rather, the work book young man in hand, but there is no record of dismissal from the previous employer. We ask, how can this be? Says she was conflict situation- they didn’t want to let him go, so he, under the pretext that the work book was needed to obtain a foreign passport, took it, and that’s all. Doesn't appear there anymore. It’s strange, of course, but anything can happen in life. He seems to be a good guy, and his work experience suits us, and he has a good education. In general, we want to hire him, but we’re not sure if we have the right to apply for a job? Still, the work book is not filled out according to all the rules...

A difficult situation, whatever you say. But we won’t consider moral and ethical aspects now: the decision whether to accept such a candidate for a job or not is up to you. Let's see whether the law allows the hiring of an employee who has not been dismissed from the previous employer to the main place of work.

Among the documents that a person applying for work presents to the employer when concluding an employment contract is a work book ( Art. 65 Labor Code RF, hereinafter referred to as the Labor Code of the Russian Federation). There are three exceptions to this rule:
the person enters work for the first time;
the person is not going to work for the first time, but he does not have a work book due to its loss, damage or for another reason;
a person enters a job on a part-time basis.

IT IS FORBIDDEN!

Issue a work book kept by the employer to an employee other than upon his dismissal

The work book is the main document about the employee’s work activity and length of service ( Part 1 Art. 66 Labor Code of the Russian Federation). This document contains information about the employee, the work he performs, transfers to another permanent job and about the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work.

At the same time, the Labor Code of the Russian Federation contains only the main characteristics of the work book. The form, procedure for their maintenance and storage are established by the Government of the Russian Federation.

Thus, the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books” approved the Rules for maintaining and storing work books, producing work book forms and providing them to employers (hereinafter referred to as the Rules). In accordance with paragraph 45 of the Rules, responsibility for organizing the work of maintaining, storing, recording and issuing work books and inserts in them rests with the employer.

As a general rule, work books are kept by the employer and are issued to the employee only upon dismissal. This is indicated as the norms of the Code ( Part 4 Art. 841 of the Labor Code of the Russian Federation), and the norms of the Rules ( pp. 35-37).

Advise the candidate to contact his previous place of work to record the dismissal in the work book

Thus, the work book is accepted by the employer for safekeeping from the employee upon concluding an employment contract (or is issued to the employee by the employer for the first time or at the request of the employee). While the employee is working, the work book must be kept by the employer and, as necessary, filled out. The employer is obliged to issue a work book to the employee only on the day of termination of the employment contract.

At the same time, a corresponding entry is made in the work book about the basis and reason for termination of the employment contract ( Part 5 Art. 84 of the Labor Code of the Russian Federation), and all entries made in the employee’s work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the employer’s seal and the signature of the employee himself ( clause 35 of the Rules).

As you can see, the rules for maintaining work books are formulated in such a way that the absence in the work book of a record of dismissal from a previous place of work formally confirms that the employee’s employment relationship with this employer has not been terminated. The question of how the work book ended up in the hands of such an employee is, as they say, the tenth thing, and in your situation, it is indeed impossible to reliably establish all the reasons why this happened.

The main question is whether it is possible to hire an employee who, judging by the entries in his work book, was not fired from his previous place of work (and at the moment he cannot prove the opposite)?

We believe that in such a situation the provisions of Part 1 of Art. 60 and part 1 art. 282 of the Labor Code of the Russian Federation, according to which an employee can perform regular paid work for another employer only on the basis of external part-time work. That is It is possible to conclude an employment contract with your candidate, but it will be an employment contract for part-time work.

Summary

If the new employee’s work book does not contain a record of dismissal from his previous job, you can only hire him for part-time work.

If you want to hire him to your main place of work, ask the future employee to provide evidence that his employment relationship with his previous employer has been terminated.

Let us remind you that when applying for a part-time job, the employee does not present a work book (accordingly, it is not accepted by the employer for storage), and information about part-time work is entered into the work book at the request of the employee at the place of his main job on the basis of a document confirming the part-time job.

Of course, there is a possibility that your candidate is telling the truth - the employment relationship at the previous place of work actually ended, and the previous employer violated labor laws when filing for dismissal, which is not the employee’s fault.

But you cannot be sure of this and take on the risk of responsibility for registering for the main job of an employee who does not have evidence of termination of the previous employment contract. Exactly the employee must provide you with properly executed documents. And only after this you can apply for a job as usual.