Development electronic technology does not stand still, every year they occupy an increasing place in society. This applies not only to technology and gadgets, but also to almost all spheres of life of a modern person.
So, in many advanced countries of the world, electronic document management has already been introduced, while all the main documents containing information about citizens have also been digitized. Our state in last years is also actively developing this area.
Gradually, there is a rejection of the traditional workflow. So, they have already stopped issuing paper certificates of ownership of residential premises, pension certificates, SNILS cards. In the future, it is planned to stop issuing paper passports and replace them with plastic cards with a chip, which will contain all the necessary information about a citizen.
In this regard, the question arises of the possibility of canceling other documents on paper, in particular work books. Plans to remove them from the document circulation have existed for a long time, but how are things going with this at the moment? This is what will be discussed next.
Employment history is a basic document made on paper which every working citizen must have Russian Federation. It contains information about the professional activities of the owner.
The circulation of this document has a long history in our country. It appeared almost simultaneously with Soviet power. According to the law of those times, every worker was obliged to have a work book. Some time later, this document became necessary for non-working citizens to start. He then served as an identity card.
Reference! Soviet peasants who were members of collective farms did not have this document for a long time. Only in 1975 did a specially designed paper for collective farmers appear.
Employment books have repeatedly changed in their design and execution procedure. After the collapse of the USSR, Soviet-style books were issued on the territory of the Russian Federation for a long time. Since 2004, citizens who are just starting their labor activity must have a new document. The Soviet labor, with all this, continued their circulation, they did not replace them (except in those cases when a duplicate document was issued due to its loss or damage). If an old-style document ran out of space, then an appropriate insert is purchased for it.
Document Functions
It performs several important functions, among which are the following:
- Fixing the professional activity of a citizen. Information about the education of its owner, qualifications, places of work and positions held is mandatory entered into the document. In addition, the labor contains information about employee incentives (previously, records were made about disciplinary sanctions) and the grounds for dismissal. Thus, the document in question is the main source of information about labor activity, work experience and professional qualifications of a citizen.
- Definition of experience. A work book or a certified copy of it is often required to confirm the length of service, both general and at a specific place of work. This document is required in the pension fund for the appointment of appropriate payments, in the authorities social protection when assigning certain benefits, at employment centers, etc.
Myth and reality about the abolition of work books
There is more and more talk about work books may cancel. At the same time, there is practically no information about how this will happen.
So, many believe that labor will be abolished altogether, and, accordingly, the record of experience will stop. This is absolutely wrong, there is absolutely no talk of a complete rejection of fixing the professional activities of employees.
In real there will be a gradual replacement of hard-copy work books with their electronic counterpart. Thus, we are talking about changing the form of accounting for professional activities.
Cancellation projects
The work book in its current form is a kind of Soviet rudiment. If we talk about global practice, then such documents are practically not used anywhere in the world.
In most countries where the pension insurance system operates, all information about the employee is based on information transmitted by the employer to the pension authorities of the respective states, as well as to private funds.
The FIU receives the relevant data after the 2002 reform, when the country's pension system switched to insurance principles. And already at that time, there were initiatives to abandon work books, since the latter, in fact, duplicate the information contained in the electronic databases of the PFR. However, at that time there was no technical possibility for this.
Subsequently this topic raised more than once, both in 2017 and 2018, but the corresponding projects were postponed under various pretexts and no one calls the exact dates.
What hinders the implementation of projects
Among the reasons why the abolition of work books could not take place in previous years, the following should be highlighted:
- A large number of citizens with Soviet experience. The Russian Pension Fund started keeping records only after 2002. The periods in which professional activity earlier, including under the USSR, were largely not taken into account, in connection with which work books are the only document confirming the length of service before the 2002 reform.
- Lack of technical capability. Maintaining an appropriate database requires certain resources, including those of a technical nature.
- Security questions. per century information technologies it is essential to ensure the security of the relevant data. For a long time, the lack of such an opportunity hampered the development electronic document management in Russia.
- Insufficient level of interaction with employers and employees.
Alternative document options
So what can serve as documentary evidence of labor activity in the event of cancellation of labor?
There are several such documents:
- Labor contract. This agreement is concluded in two copies, one of which remains with the employee. It can also be used as proof of employment.
- Statement of the individual insurance account. This document contains information about all places of work of a citizen, indicating the periods of labor activity.
Important! You can get an extract both in the branches of the FIU, and in in electronic format through the portal "Gosuslugi".
Pros and cons of e-books
The introduction of electronic labor has both positive and negative sides.
Pros:
- simplification of document flow;
- faster hiring and dismissal procedures;
- not necessary .
The downside is what electronic systems and databases are not immune from technical errors. This can lead to errors in determining the length of service of an employee and, as a result, calculating pensions and other payments.
Myths and reality about the abolition of work books
In 2019, the abolition of labor was already discussed at the level of federal ministries, and a corresponding bill was submitted to the State Duma. In this regard, there were rumors that in the current year or in 2020, paper work books will cease to be valid. However, this is not entirely true.
Will they cancel it in 2019?
According to the head of the Ministry of Labor Maxim Topilin, in Russia they will indeed begin to abandon work books, but this will begin to happen from 2020. At the same time, of course, we are talking about transferring them from paper to electronic format. The relevant database will be maintained by the FIU.
The minister emphasized that the procedure will take place gradually, and also assured that those citizens who still decide to use paper labor can do this after 2020.
The work book is one of the most important documents for a citizen, which reflects all his professional details. Its current format is outdated. In this regard, the state begins a smooth transition to the formation of electronic labor. This process is likely to be lengthy and voluntary for citizens.
Was there an order to cancel labor? Has a law been adopted to withdraw paper documents from circulation? See the answer in the video:
Document flow will become easier, but employers will know less about candidates
The work book, which will celebrate its centenary in two years, may not live up to the anniversary. The idea of its abolition has been in the air for a long time, and now it seems that the authorities have moved from talk to action. To begin with, small enterprises will be allowed to abandon the Soviet legacy. The government has already submitted the appropriate amendments to the Labor Code to the State Duma. If everything goes smoothly, paper work books will be completely eliminated, and they will be replaced by electronic databases.
We started with small companies, with a staff of no more than 15 people. Many enterprises, in order to avoid paperwork, are already hiring without labor - under a contract. The new bill only streamlines the existing practice. In this case, the main document becomes labor contract. It may contain a clause that the book is kept at the employee's home. In it, the employer must make a record of the reason and date of dismissal of the employee.
Why is a workbook no longer needed? It is difficult for people who were hired thirty years ago to imagine that they can do without the usual green, gray or blue book - it's the same as without a passport. The older generation believes that without a piece of paper a person is not like a person. In Soviet times, it was impossible to get a pension without a work book. However, since 2002, for the formation of a pension, the length of service does not matter, and only the period during which insurance premiums to the pension fund. All this is fully related to the calculations sick leave and maternity benefits.
However, if work books are eliminated, then something more universal should come to replace them. In the personnel department of MK, for example, they spoke in favor of changes. The absence of paper media relieves enterprises of the responsibility for their storage. Existing rules on this score, they are quite strict: work books should lie in a safe or iron cabinet under lock and key, without access by outsiders. On the other hand, specialists do not have confidence that employees and employers are fully prepared for the transition from paper to electronic media. “Theoretically, it is possible to digitize all work books, but then this information should be stored in some common base available to the employer and the employee," personnel officers argue.
There is such experience in Russia. Federal tax office has long kept its database in electronic form, abandoning paper. The number of users, the amount of information, the regularity of its updating is comparable to the work personnel services. Until the state has decided on the person responsible for storing and maintaining the relevant database of work books - it will be the Ministry of Labor, Rostrud, the Pension Fund or someone else. In any case, the portal will provide " personal accounts”, both employees and employers, who will only have access to their own information.
Now it is enough for an HR specialist to look into the work book, and the whole life of the applicant is in full view - at what age he found his first job, for what reasons he left the previous one, and so on. For example, a job that is too "chubby" with a large number of records can lead to a job denial. An employee who is in conflict with the employer may face a reprimand with entry into the labor force or dismissal under the "wolf" article. With the elimination of work books, perhaps all this will become a thing of the past. The same employment contract will help out those who do not want to "dirty" their work path with a dishonorable place of work. But it will be much more difficult for the employer to follow the career of an employee. We will have to connect the security service, which will break through the applicant's work biography through its own channels.
“It is worrying that with the transition to electronic databases there is no guarantee of the reliability of this kind of media. If something happens to the online version of the work book, how then can the employee confirm his previous work experience? Looking for witnesses?” says Lyubov Khrapylina, Professor of the Department of Labor and Social Policy of the RANEPA.
Ksenia Mikhailichenko, a lawyer with the Center for Social and Labor Rights, considers such fears unfounded: “Now it doesn’t cost anything for an employer to “dissolve” the office, as they say, until better times. And then look for the director already abroad, the office is closed, and with it the documents of employees. With the abolition of work books, such situations should no longer arise. ”
On the other hand, the rejection of paper work books should not be abrupt. The process will take several years.
How to cancel paper work books Natalia Kovtun 2020-02-04 http://website/upload/iblock/acb/acb5714572547270a6a05aa63277eee4.jpgUntil February 17, 2020, all companies must submit the first reports on their employees as part of the abolition of paper work books and the transition to electronic reporting to the Pension Fund of the Russian Federation. The well-known Russian labor law expert Valentina Mitrofanova explains how to do it right.
Recently, the Pension Fund of Russia approved the form, the procedure for filling out and the electronic format of the report on the labor activity of employees to replace paper work books that are fading into oblivion. You will have to use the form called SZV-TD from February 17th.
Valentina Mitrofanova
Founder and head of the IPK Group group of companies (Professional Personnel Officer Institute, IPK Consulting). Over 20 years of experience. Practicing consultant in the field personnel office work and labor law, leading Russian business coach. Has two higher professional education- economic and legal. Candidate of Economic Sciences. Extensive experience in participation in inspections conducted by the Labor Inspectorate, the Social Insurance Fund, the Pension Fund, the Tax Inspectorate, etc. Experience judicial practice on issues of labor conflicts both on the part of the employer and on the part of employees.
Let me remind you of the main steps that personnel officers should take in 2020 in connection with the transition from a paper work book to the submission of reports on the labor activity of employees in electronic form. The new FZ-439, the so-called law on the abolition of work books, entered into force on January 1, 2020. It gives a roadmap that describes what personnel officers must do within the framework of this law.
First of all, it is necessary to reconsider local regulations. For many, these are internal regulations, which usually indicate which documents the employee presents when hiring, which documents the employer issues to him upon termination labor relations, regulation on internal service, job descriptions for those who work with work books, etc. But there may be other local regulations. So they need to be corrected.
That is, all those local regulations that mention the procedure for working with a work book need to be reviewed and adjusted. If your regulations mention a work book, then everywhere you will need to make a technical correction similar to the one used in official documents: where the work book was written before, now either “and” or “or” should be written - this important - information confirming labor activity in accordance with Art. 66.1 TK. If your regulations local acts do not need such an adjustment, then I recommend documenting this in the form of a memo or in the form of an act for inspection commissions.
The next step is to ensure the technical readiness of the company to submit reports to the Pension Fund on the length of service of employees in electronic form. The PF website contains requirements that must be met in order to technical support. I think that companies that already work with electronic reporting should not have problems.
One of the main responsibilities that is set for the employer this year is the issuance of notices to employees. In this case, we are not talking about a collective notification, but about a personal one. That is, each employee of the company must receive a notification from the HR department by June 30, 2020.
The important point of this notice is the content. It is necessary not only to inform that by the end of the year the employee must decide whether he wants the employer to keep his work book in paper form or it is enough for the company to submit information about his work experience in electronic form, it is necessary, according to the law, to notify employees about all changes that occur in the legislation and are associated with the abolition of paper work books. That is, this notification should be informative so that people understand what is happening with the system, how it will work, how they will now confirm their experience, what will happen when the employee refuses to maintain a paper version. The law requires this so that the employee can make an informed decision regarding the maintenance or non-maintenance of a paper work book. We all understand that for people this is a situation of certain discomfort.
The country with a work book lived for more than 100 years, the first appeared in 1918. Until now, this has been the main document that confirms the seniority, preferential seniority, and the right to a pension. Experiencing a cancellation now is a pretty serious event for many people in the country, so personnel officers should remove these fears, clarify the situation in this very notice. The deadline for this is quite sparing, no one forbids starting issuing notifications today, not waiting for the end of June. I would recommend starting to do this now, simply because this topic will appear in the media and people will still come to personnel officers with questions about what is happening, asking for advice.
Whether it is necessary to register the issuance of such notices remains at the discretion of the company and depends on what kind of document management and registration system is already in operation in the company. If you think that you will protect your interests by issuing two notices - both signed by the employee and one you keep for yourself - you can do so.
Please note that in the notification we write not only that the legislation has changed, but most importantly, we tell the employee that he must make a choice: either refuse to maintain a paper work book, or notify the personnel department so that he continues to keep a work book in paper form. At the same time, the law is formulated in such a way that the employee does not make a choice in favor of a paper work book or electronic submission of data to the Pension Fund. In electronic form, data will be submitted for everyone, regardless of whether a paper version of the work book is maintained. That is, the choice of the employee is only whether to continue to keep the work book in paper form or the personnel department can return it to him.
As for the technical details. Be sure to tell people how they should apply for their choice, who in the company is responsible for making it. To simplify, I would even advise making forms for such applications, because people will still come and ask how to do it. The main thing is that employees understand the procedure, where to carry the application, to whom to give it, so that the procedural issue is resolved.
The employee has the right to submit such an application before the end of the year, and by law until December 31, 2020 inclusive. At the same time, not only the person who wants to abandon the work book, but also the one who wants it to continue to be kept, must write such statements. Human Resources does not have to collect all applications by December 31st. The law says that if the employee has not submitted an application before this date, the personnel department continues to maintain a paper version of the work book. So this is the default choice.
When receiving an application from an employee to refuse a paper work book or leave it, it is better for the personnel department to register it, because information about the choice will need to be provided to the PF, it will be recorded in the person’s electronic work book.
If an employee refuses a paper work book, then the personnel department issues it to him. Some controversy arises here when to issue if the application was written, for example, in February 2020, and according to the law, he can submit it before December 31. That is, to issue immediately or wait until the end of the year? There is no answer in the law, but I do not see this as a big problem. If an employee wrote that they no longer need to maintain a paper version, then he will not have a way back. That is, a person who has chosen to maintain a paper version can refuse it at any time, and if a person refuses a paper version, then he has no right to return everything back.
The initiators of the project believed that by 2021 more than 80% of workers would abandon the paper work book, I am a pessimist and tend to think that, on the contrary, 80% will choose the paper version due to both habit and fear of digital technologies, if anything - you lose the document confirming your seniority.
From January 1, 2021, new paper work books will not be issued for people who are hired. But there will remain the institution of designing inserts in work books, so do not rush to throw them away. We still issue duplicate work books, if there is a loss, we cannot refuse the work book record keeping book, because even if everyone in the company refuses them, it may happen that next year a person will come to work for you with a paper workbook.
An employee to whom we issue a work book is recorded that he has submitted an application. I hope that the Ministry of Labor will give a form or explanation on how to do this, but even if it doesn’t, I recommend that you proceed in the same manner as you close the work book upon dismissal.
Also, personnel officers are waiting for a certificate form approved by the Ministry of Labor, which the company will have to issue to the employee upon dismissal. There is a project, but its approval is required.
In addition, this year begins the development of an algorithm for submitting information to the Pension Fund about the length of service of employees in electronic form. In fact, we enter information about our employees into the PFR information base. So, in 2020, until the 15th day of each month, we will submit information only for those employees for whom some changes occurred in the previous month.
Let me explain, as they say, on my fingers: in January 2020, a company employing 100 people hired Ivanov, fired Petrov and transferred Sidorov to another job. The first deadline for submitting information is until February 15, but since it is a weekend there, the deadline is shifted to February 17. We submit information only on three employees. But we serve specifically. On Ivanov, we submit information only about admission. According to Petrov, we provide all the information about what happened to him in our organization while he worked in it: that is, when he was hired, what transfers he had, including information that he was fired in January 2020. According to Sidorov - as well as to the dismissed one, all the information, starting with hiring. We will also indicate in this reporting the applications submitted by the employee, including whether he left the paper work book or refused it.
Thus, in 2020, submitting information every month, the majority of employees will be entered into the database. Nevertheless, if suddenly for 2020 some of your employees are not included in any of the monthly reports, then submit information about them - when they were hired, what were the transfers, etc. - will be required by February 15, 2021. And I would advise you to establish control over whether information on each employee was transferred to the Pension Fund or not, in order to understand who else will need to be reported before February 15, 2021.
The most interesting will begin in 2021. The Human Resources Department will continue to submit monthly reports until the 15th, but they will only include information on transfers and applications submitted, but information on hiring and dismissal will need to be submitted online, that is, the day after documented hired or fired. It is interesting that this project is being carried out under the auspices of simplifying personnel work, but in fact this year alone, the volume of work will increase by 5-7% due to new form reporting, notifications, applications, and in 2021 - by 10-12%, because information about appointments will be submitted online, monthly about transfers, the story of maintaining work books for those who leave them will continue. You need to be ready for this.
In a nutshell, I will describe the logic of work new system. There is a single information base that will be maintained by the FIU. Information from employers about admissions, transfers, dismissals, and assigned ranks will flow there. How, with a new employment, can an employee who does not keep a paper work book confirm his length of service? He will need to take a certificate (Article 66.1 of the Labor Code) from any of the three bodies that use the PFR database data: at the PFR itself, at any MFC, on the public services website. The difference is only in the form of the certificate: in the MFC it will be a paper certificate with a seal, in the Pension Fund the certificate can be both paper and electronic, on the website of public services - only electronic.
There is one more question that I really want to get an answer to, but it has not yet been received. Where will information about the previous work experience of an employee come from in a single PF database? As information about his current experience gets there, it is clear that the current employer will enter this information there. And who will make the previous ones? We hope that this year we will receive clarifications on this issue from the FIU.
"Personnel service and personnel management of the enterprise", 2011, N 11
Labor legislation regulates relations that arise with a huge number of persons for whom the only source of income is wages. The length of service under an employment contract, the possibility of its confirmation are of great importance in different situations, including when assigning a pension, determining its size. One of the main documents today, allowing you to confirm the work experience earned throughout your life, is a work book. That is why the information provided by the media about the possible refusal to use work books received a wide response among the population. Cancellation of work books, it would seem, is a simple matter. At the same time, it requires a balanced, reasonable approach to resolving issues relating to the rights, freedoms and legitimate interests of a wide range of people.
Background
The issue of abolishing work books was raised back in 2006, when the State Duma of the Russian Federation voiced this idea. So, Andrei Isaev, chairman of the State Duma Committee on Labor and Social Policy, proposed to stop issuing work books. Without insisting on the immediate abolition of work books, he stressed the need for work in this direction. According to A. Isaev, "work books were introduced in the era of military communism. Then the size of the food ration that a person received depended on this document. And today ... they play virtually no role in a person's life, except for the fiscal one. The work book of an employee dismissed at the initiative of the employer, often becomes a "wolf ticket" for the owner. And in other situations, the book is successfully replaced by other documents: a certificate of pension insurance and recommendations from former employers "<1>. This position was supported by Alexander Pochinok, who headed the Ministry of Health and Social Development of Russia at that time. He also believed it possible to cancel work books that were lost on present stage its significance. These high-level statements at the time caused a flurry of questions. Representatives of employers asked questions about what to do after the cancellation of work books. However, after it was explained, incl. in the media that it is planned to abolish work books in 2009, the excitement has somewhat subsided. Today, it flared up with renewed vigor, after the Deputy Minister of the Ministry of Health and Social Development Alexander Safonov expressed his opinion on the admissibility of canceling work books. At the same time, he clarified that the decision to cancel has not yet been made and whether it will be made is unknown. Despite this, all the media in one way or another spoke about the possible prospect of abolishing work books.
<1> Russian newspaper, 2006. Capital issue N 42000.It was publications in the media that caused a new round of discussion of, frankly, a difficult problem. It is hardly possible to unequivocally answer the question: should work books be canceled or not, given the specifics of the formation and development of labor relations in Russia?
The labor law of the Soviet period was formed in the conditions of an administrative-command system, when imperative methods of regulating labor relations prevailed over contractual ones. In other words, the use of hired labor of workers was determined centrally, at the level of authorities state power. The possibility of establishing conditions by contract was minimized, therefore, the independence of the employer of that period was significantly limited.
The transition to the market has radically changed the ratio of centralized and contractual regulation of labor relations. With acceptance Labor Code Russian Federation, the state reserved the establishment of exclusively minimum guarantees, which is confirmed in the requirements provided for in Art. 6 of the Labor Code of the Russian Federation.
Document fragment. Article 6 of the Labor Code of the Russian Federation
The jurisdiction of the federal state authorities in the field of labor relations and other directly related relations includes the adoption of mandatory for use throughout the territory of the Russian Federation federal laws and other regulatory legal acts that establish, for example, the basis legal regulation labor relations and other directly related relations (including the definition of rules, procedures, criteria and standards aimed at preserving the life and health of employees in the course of labor activity); the level of labor rights, freedoms and guarantees provided by the state to employees (including additional guarantees certain categories of workers); the procedure for concluding, amending and terminating employment contracts; the basics of social partnership, the procedure for conducting collective bargaining, the conclusion and amendment of collective agreements and agreements; the procedure for resolving individual and collective labor disputes; principles and procedure for exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing norms labor law, as well as the system and powers of federal government bodies exercising the specified supervision and control; procedure for investigating accidents at work and occupational diseases; the system and procedure for attestation of workplaces in terms of working conditions, state expertise working conditions, confirming the compliance of the organization of work on labor protection with state regulatory requirements labor protection; the procedure and conditions for the material liability of the parties to the employment contract, including the procedure for compensation for harm to the life and health of the employee caused to him in connection with the performance by him job duties; kinds disciplinary action and the procedure for their application; state statistical reporting on issues of labor and labor protection; features of legal regulation of labor certain categories workers.
The contractual method of establishing working conditions, which has received wide application at the present stage, is still very limited in comparison with the possibilities of determining the conditions for performing work under a civil law contract. At the same time, the ratio of centralized and contractual methods has changed significantly. It should be noted that at present, the employer’s opportunities to independently establish working conditions at the level of local (local) regulation are greatly expanded, incl. by concluding a collective agreement, an employment agreement. While attaching importance to the employment contract, the legislator nevertheless retained mandatory ways of regulating labor relations, which should include the norms defining the obligations of the employer to hire an employee, issue local regulations, ensure the maintenance and storage of work books, etc.
Without focusing on a significant increase in personnel workflow, which the employer is obliged to maintain as a result of the transition to market relations, I would like to note that the unilateral cancellation of work books does not solve the main problem - determining the issue of formation personnel policy, registration of labor relations.
It seems necessary to solve this problem comprehensively, in interconnection, establishing not only a new rule, for example, in the form of the abolition of work books, but also providing a mechanism for its implementation. Otherwise, this will serve as the basis for the emergence of new problems that will need to be addressed not only by the employer and employees, but also by the legislative authorities. However, in the absence of a proper definition of the rules for formalizing labor relations with the simultaneous withdrawal of work books from circulation, the employer will once again face a dilemma: how should he act in order to act legally, comply with new standards and at the same time not violate labor legislation adopted before the reforms.
Unfortunately, the modern reality is such that the imposition by the legislator of a certain obligation on individual subjects of public relations (in our case, the employer) is often associated with the lack of appropriate legal means that ensure the very possibility of fulfilling their legal obligation. And vice versa: the establishment of a new right, not secured by appropriate legal means, does not allow its full implementation (in the situation under consideration, we are talking about ensuring the subjective right of an employee).
Analysis of the proposal to cancel work books
The abolition of work books cannot be unambiguously classified as a positive or negative phenomenon. A superficial perception of this problem allows us to single out several pros and cons at once. this proposal. They are shown schematically in the table.
Analysis of the decision to cancel work books
| Employees | Employers | Note | |
| 1 | 2 | 3 | 4 |
| Flaws | |||
| 1 | The employee's absence in the hands of labor books on various reasons hinders employee: - get a job at other work; - confirm: work experience, incl. in harmful conditions labor; implementation labor activity another employer; experience in certain specialties (however while temporary transfer to another work (including certain specialties, for higher position) in the workbook is brought in); attitude to work | Availability of work books associated with additional expenses for: - maintenance of staff, who deals registration of labor books; - creation of conditions for ensuring its storage in okay, stipulated by labor legislation | |
| 2 | Wrong entry in including erroneously included in the labor record book or record, testifying to termination of employment contracts with employees for committing disciplinary offense, including the one whom the employee did not likewise loss work book, including employer hinders employment | Maintenance of work books associated with legal responsibility employer in connection with erroneously included in it. records, untimely handing her over employee, with her loss | |
| 3 | Lack of labor books hinders employee to confirm possibility of execution them labor function in harmful conditions work, because he will have to confirm that, first, at the moment conclusion of the labor contract does not work and, secondly, that works on a labor basis contract with another employer in harmful working conditions | Lack of labor books create problems in determining last day of work former employer. There are problems with employment in harmful hazardous conditions part-time workers | |
| 4 | Records in labor book, entered with violations, obstruct the employee exercise the right to pension for the period time framed in work book with certain violations | Need for extradition her work book the owner is associated with individual difficulties. If an employee for some reason reasons did not receive it in dismissal day is will lead to additional costs associated with: - notice to the employee need or take it or give it consent to send her by mail; - payment for the ordered departures; - storage of documents employer | |
| 5 | The presence of a duplicate work book for practice causes her owner in a number cases of difficulty with his employment | If a laid off worker for some reason workbook is not needed then the employer bears additional expenses, associated with its storage. At the federal level authorities are not defined behavior employer regarding work books, left in his dismissal employees (termination worker in unilaterally labor relations without proper formatting) | |
| 6 | Loss, destruction work book employee are associated with huge difficulties confirmation seniority, necessary for social benefits appointment of a pension | The employee's absence work book: - makes compliance difficult rules set for employment of persons in cases of execution by them in past duties state employee; - to whom this work banned for a number of reasons: - for medical testimony; - due to the fact that such work is prohibited for other reasons (together however, her absence is not is the basis for denial of detention employment contract in cases when the employer is obliged give the employee a new work book (duplicate)); - application disciplinary responsibility in the form dismissal of an employee renders ineffective | |
| Advantages | |||
| 1 | Has the ability | ||
| Confirm experience work, implementation im labor activities under conclusion of a labor agreements with others employer. But not work experience, performed according to higher position in case of temporary translation | Estimate business qualities record worker in work book. However, in in some cases illegally entry made in it dismissal of an employee labor violation discipline deprives employer wonderful specialist, considering certain risks, Related exercising the right to process control labor | Cancellation of the work book requires the introduction of another documentation. Will it it's connected with increase document flow, with difficulties for employee, for employer? The introduction of the system advisory letters that have place in individual Western countries? Does it free employee from depending on dishonest employer? |
|
| 2 | The worker can confirm your attitude towards work reward records. are included in the labor book | Has information about discipline employee, about the attitude him to work |
|
| 3 | The employee has possibility confirm the experience work, including harmful conditions, dangerous, etc., necessary for setting a pension, determining its size (however, while allowed in it mistakes create certain barriers to exercising the right to retirement) | Informed about experience previous work, including special conditions. Greatly facilitates accounting for the experience required to provide a pension on preferential terms | Cancellation of the work book associated with necessity introductions additional personnel documentation, increase in volume document flow |
| 4 | There are no questions about the definition of the latter days of employment with a previous employer. No problems with hiring harmful, dangerous working conditions of part-time workers, others | Labor exclusion personnel records workflow, most likely: - will increase the number irresponsible workers who today is so or otherwise restrain absence on hand work book, which is confirmed required experience work, which is negative will affect implementation employer's right to process control labor; - will require payment significant changes into labor legislation, regulating existing order termination of employment agreements (other than employer's act will require additional documents, for example attachment to agreement, other document) |
Employee position
So, employees, on the one hand, are interested in a work book, which today, when concluding an employment contract with another employer, allows them to confirm not only work experience, but also the fact of termination of employment with another employer. The work book confirms that the employee has the work experience necessary to assign him a pension, special work experience, for example, work in harmful, dangerous conditions, which gives the right to a pension on preferential terms.
Yes, we can say that their performance of higher-paid work (fulfillment of duties in a higher position), when the work was of a temporary nature, does not confirm the content of the work book. However, these are shortcomings that can be eliminated by a written agreement to the employment contract concluded by the parties, by the order of the employer on temporary transfer employee for another job. At the same time, basic information, including the attitude of the employee to work, is contained in the work book. In particular, it includes information about employee incentives, which positively affects his ability to exercise his right to work in the conditions in which he is interested.
On the other hand, the employee is seriously affected by the behavior dishonest employer with whom he has an employment relationship. In particular, the employer, not wanting to lose good worker, has the ability to "spoil" his work book in order to create problems for him in the future with employment. For example, the employer can make an entry in the employee's work book about dismissal for violation of labor discipline by him, which he did not commit. The employer can use illegal means by not issuing a work book on the last day of work, realizing that by such behavior it deprives the employee of the opportunity to find a job in a prestigious company that does not allow him to work in the absence of a work book and for these reasons does not conclude an employment contract with the job applicant. Thus, the employer creates certain conditions for the employee to maintain an employment relationship with him.
When the employer is interested in terminating the employment relationship with the employee, he also has the opportunity, through unlawful behavior, to influence the choice of the employee’s decision: to refuse the guarantees provided for by law and agree to the employer’s proposal to quit on own will. The employer often intimidates the employee by applying disciplinary measures to him if he refuses to perform the actions proposed by the employer. Vicious practice has become quite widespread in recent times and represents a direct clear threat from the employer. The lack of adequate means of protecting the violated rights of an employee influences his choice: he, as a rule, refuses the guarantees provided for by law and leaves "in an amicable way." In many ways, as we see, the employer uses the existing system of legal means that provide the employer with a solution to his problems, among which work books provided for by labor legislation are not the last.
Position of the employer
The problem of keeping work books by employers is also ambiguous. So, for an employer, a work book allows you to determine the business qualities of an employee, his attitude to work, to avoid an offense in the course of hiring, for example, on a part-time basis in harmful, dangerous working conditions. The work book in some way affects the discipline of an employee who is in an employment relationship with him. Refusal to maintain work books, the application of disciplinary measures in the form of dismissal for violation of labor discipline, most likely, will lead to the fact that this type of penalty will not have the impact on the behavior of the employee that it has today. This, in turn, will create certain prerequisites for an increase in cases of irresponsible behavior of employees, as was observed, for example, during the introduction of a new rule obliging the employer to start a new work book for any employee who, when concluding an employment contract, declared that it was lost, destroyed, or otherwise the reason for her absence.
At the same time, maintaining work books significantly increases the personnel document flow. All this is associated with an increase in staff costs, which negatively affects the interests of the employer. Maintenance, storage of work books is associated with the responsibility of the employer for their loss, untimely issuance to the employee, which can also be attributed to the shortcomings of modern regulation of labor relations.
conclusions
Despite this, the refusal to maintain work books requires additional establishment of rules of conduct that make up for the possibility of confirming the information contained in the work book, which involves an analysis of the legislation, the effectiveness of the mechanism for its application and the prospect of forming the necessary legal means to ensure the implementation of the right (exercise of subjective rights, enforcement legal obligations, compliance with labor laws, law enforcement).
Only in this way is it possible to reform labor legislation related to the refusal to maintain work books.
Considering the above, it seems necessary to analyze the currently available legal regulations, which in one way or another regulate the procedure for formalizing labor relations (forming personnel documentation). Before submitting a proposal to reform labor legislation for consideration by the legislature, it is necessary to assess the availability of legal means for the implementation of the right, both the current one and the proposed one.
I.A. Kostyan
departments of labor law
Moscow State University M.V. Lomonosov
It is planned to exclude other outdated requirements from the labor legislation. According to Ivan Shklovets, deputy head of Rostrud, they will "reduce" by-laws, the implementation of which is costly, and the result is not obvious. It is, for example, about the obligatory maintenance of a vacation schedule. If this proposal is approved, then the employer will be able to draw up lists only for his own convenience, but no longer provide them to labor inspectors during verification.
This will make life easier not only for personnel officers, but also for the employees themselves. If during the year they want to change the dates of their vacation, then for this they will not have to run with a statement from boss to boss, collect signatures and put seals, it will be enough to verbally coordinate their plans with the head of the unit.
However, it will not be possible to completely abandon the vacation schedule, Natalia Polikarpova, head of the personnel department of a large publishing holding, explained to RG. It still needs to be completed by December 25th. The organization itself is interested in this, so as not to stall the work process and distribute vacation payments throughout the year.
Another obsolete requirement of labor legislation is the procedure for maintaining, accounting and storing work books. Quite strict conditions are now prescribed: books must be stitched, numbered, and sealed with a wax seal. But such a seal in our time can only be found in the mail. The employer needs to separately order its manufacture, approve it by a special order, and bear additional costs.
“Just imagine, in our age of information technology, I have to light a candle and melt a piece of sealing wax on it,” Polikarpova said.
Are workbooks really necessary? At micro-enterprises, for example, the government has proposed abolishing their mandatory registration. In this case, upon dismissal, an entry on the date of termination of the employment contract, as well as on the basis for its termination, is made in the employment contract, the explanatory note to the document says.
But if you still decide to issue a book, then if you wish, it can be stored at the employee's home.
In the future, this rule can be extended to all companies, regardless of the number of employees, experts are sure. "Employment books have long become a redundant requirement personnel process, - the head of the personnel department is sure. - We have long had all the data about employees in electronic form, in the same form we send them to the Pension Fund of the Russian Federation for a long time. And we prescribe all changes in positions and salaries in employment contracts.
Traditional work books are clearly outdated, HR departments have been keeping records in electronic form for a long time
In the meantime, the Ministry of Labor has repeatedly stated that they plan to convert work books into electronic form.
What else is planned to be abolished? In terms of briefings on labor protection, it is proposed to exclude the requirement to keep an introductory briefing log and include a record of its passage in the employment contract.
Part 6 of Article 136 of the Labor Code of the Russian Federation, which establishes the documents where the days of payment should be indicated, also requires clarification. wages. To date, these are three documents - the rules of internal work schedule, collective agreement, labor contract. Rostrud's proposal is to leave this information in one document of the employer - in the internal labor regulations.
At the same time, it is also necessary to increase the efficiency of the work of the labor inspectorate itself, to create a unified automated system management of control and supervisory activities.
To identify outdated and redundant requirements of the Labor Code of the Russian Federation, a working group was created under the leadership of the Ministry of Labor. And by the end of this year, she will prepare a report to the government with her proposals.
Comment
Alexander Safonov, Vice-Rector of the Academy of Labor and Social Relations:
He has long called for a rule to be introduced for employees of small enterprises, according to which work books could be kept in their hands. One side, individual entrepreneurs without education legal entity and other small businesses find it difficult to comply with today's bureaucratic requirements for the storage of work books. On the other hand, the workers themselves are at risk: after all, there are cases when small employers suddenly disappear, and people end up not only without a salary, but also without documents.
As for the vacation, in order to send an employee on vacation, an order is enough, which is still approved by the employer. The main thing is to let people go. The employee has the right to leave six months after employment, and he must go on vacation no later than 11 months later. Of course, large employers with hundreds or even thousands of employees need a vacation schedule so that they don’t break manufacturing process and there were no conflicts in the team. But in this case, the schedule could well be transferred to the category of internal non-binding documents.
What other documents should be abandoned in the field of labor law? It is worth reviewing the numerous industry documents related to wages and developed back in the Soviet years for certain industries and professions - tractor drivers, metallurgists, and so on. All of them continue to operate, because they have not been canceled. And they cause a lot of controversy. For example, industries have disappeared from us, and species have appeared instead of them. economic activity Thus, when interpreting documents, nuances arise.
We need a revision of these documents, which should be carried out by trade unions together with employers. Perhaps it would be worthwhile to create working groups with their participation, which would assess the feasibility of a number of Soviet documents. And those of them that ensure the preservation of guarantees for special working conditions should remain. And those that are not related to guarantees could be canceled or transferred to the jurisdiction of specific companies. But this must be done very carefully, with a transitional period, so that the process goes smoothly.
The final list of "unnecessary" documents should eventually be submitted to the Russian tripartite commission for the regulation of social and labor relations.
Health
Employers think about the psychological comfort of subordinates
More than 40 percent of Russians experience stress in the workplace. And in Western Europe - 36%.
And stress at work not only adversely affects the health of the employee, but also hits the pockets of employers. The fact is that in a state of stress, people work much worse and less efficiently, or even formally attend work, more often become victims of accidents, get sick. The losses of companies because of this, for example, in Australia amount to 5.3 billion Australian dollars a year, in Germany - 29.2 billion euros, in France - 3 billion euros.
There are no similar calculations for Russia. Moreover, in the list of occupational diseases there is no mention of stress and its consequences. Accordingly, there are no specialists in our country who could establish causal relationships between nervous experiences and deterioration in physical health. Our country is just beginning to move in this direction.
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