Reprimand with entry in the work book. Are changes made to the employment contract when changing passport data Are penalties entered into the work book

07.05.2020

Previously, a reprimand with entry into work book was one of the rather serious punishments for employees. However, in modern labor legislation, this form of disciplinary action has changed. Consider how to properly reprimand an employee, whether penalties are entered into the work book, what consequences they have for the employee.

Types of penalties under the Labor Code

In the current Labor Code, reprimand is one of the three applicable forms disciplinary action. In addition to him, the employer has the right to make a remark or dismiss the violator of discipline, if there is a reason for this. No other measures of influence are provided for the majority of employees. The exceptions are public service, transport enterprises and some other industries. The list of penalties for them is established by federal law.

How to make an entry about the award of an employee in the work book?

The only way out is to get an insert. Even if there is only one record of an award from an employer, an insert is required. In practice, many HR professionals forget to record rewards or don't take them seriously. But their actions are wrong. Any incentives, whether it is an announcement of Gratitude, the presentation of a Certificate of Honor, must be reflected in the appropriate section of the Labor Book.

This is clearly stated in the relevant instructions. It should also be remembered that upon dismissal, the section on awards is closed with the seal of the organization and the signature of the personnel officer, by analogy with the section on work. In case of omissions by the personnel officer, the employee has the right to demand that the necessary record be made. And the employer will not be able to refuse him without breaking the law.

Information about the awards in the work book. sample

As you can see, we are talking not only about those types of incentives that are applied to the employee for labor merits by his own employer (bonuses, valuable gifts, etc.), but also about incentives of a higher level and importance. In particular, about rewarding an employee state awards and conferring state honorary titles. YOU SHOULD KNOW THIS specific kind the departmental award given to an employee is determined taking into account current regulations on awards, as well as the degree and nature of labor merits and achievements of an employee Russian Federation(approved
Decree of the President of the Russian Federation of September 7, 2010 No. 1099 “On measures to improve the state award system of the Russian Federation”).

Online journal for an accountant

It's fast and free! Table of contents:

What awards are recorded?
When is the entry due?
Award material and grounds for making
Instruction
If there is no place

It also happens that personnel officers enter unnecessary information: about bonuses, thanks without justification. In this article, we'll take a closer look at when to record. What incentives are best left unattended, and which ones must be reflected in the work book? How to correctly reflect the award? Do I need to write justification? What awards are recorded? The section "Information about awards" contains all the information about the labor exploits of a person.
The entry is made on the basis of the Rules for maintaining and storing work books, which specifically states which awards should be reflected in the employee's documents.

Entering information about incentives and awards in the employee's work book

Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” (hereinafter referred to as the Rules for maintaining and storing work books)). According to paragraph 24 of the Rules for maintaining and storing work books, the following information on awarding (encouragement) for labor merits is entered in the work book: a) on awarding state awards, including the conferment of state honorary titles, on the basis of relevant decrees and other decisions; b) on awarding certificates of honor, awarding titles and awarding badges, badges, diplomas, certificates of honor carried out by organizations; c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations of the organization, charters and regulations on discipline.

How to make an entry about gratitude in the work book of an employee?

Record of promotion in the work book - sample: The section "information about awards" is over If the employee constantly receives incentives and, in principle, is very hardworking, then surely the page devoted to awards and other incentives can quickly come to an end. What should an HR officer do in such a situation? The answer to this question is simple. enough to print new form on awards and incentives and place in the labor, putting on it the seal of the organization and the signature of the head.
After that, you can safely make new entries of various kinds about rewards on newly printed sheets. Is there a certificate of honor? A certificate of honor is a type of award, therefore, if there are determining factors, it should be mentioned in the work book.

Are certificates included in the work book

Attention

The following must be included in the workbook:

Receiving state awards.
Awards on behalf of the organization where the person works. Basically, they announce gratitude, award certificates of honor, and award the title of the best in the profession. Various insignia, badges, diplomas can also be awarded.
The internal labor regulations, the collective agreement of the organization can privately establish their own awards, the receipt of which is also reflected in the work book.

Regular bonuses, other monetary incentives provided for by the Regulations on remuneration are not paid.

They do not express the exclusivity of the labor exploits of the employee, they are paid on the basis of the payment system. Departmental awards are the most significant for an employee. They will allow you to qualify for higher ranks in the future.

Is the certificate included in the work book

Article 66 of the Labor Code of the Russian Federation requires that information about awards for success in work be entered in the work book, and this article does not provide for making entries about other types of incentives. The aforementioned discrepancy between the concepts of “reward” and “encouragement” makes it difficult to apply the norms of labor legislation in the practice of issuing work books. In this regard, two opposing points of view have arisen: 1.
According to Article 66 of the Labor Code of the Russian Federation, the employer is not obliged to enter information about all employee incentives in the work book, but only information about his awards. 2. A broader interpretation of the term "encouragement" suggests that those incentives that are not essentially rewards, but also characterize the employee from a positive side, should be reflected in the work book in his interests.
Paragraph 25 of the Rules contains an indication of the types of incentives that should not be indicated in the work book. These include, for example, quarterly bonuses and other regular payments. The value of the award entry
does not consider them important. However, such inaction is contrary to labor laws. Both the employee and the personnel service should not forget that the presence of incentives indicates the conscientious performance by the employee of his duties, which can be taken into account, for example, when deciding whether to bring him to disciplinary responsibility for the corresponding misconduct. In addition, the presence of such incentives for an employee can be taken into account by the employer as one of the incentives for moving up the “position ladder”. Subscribe to our channel in Yandex.

Is the certificate entered in the work book

Some time ago, we applied for awarding our honored teachers with departmental awards. In a solemn ceremony, they were awarded Certificates of Honor Ministry of Education and Science of the Russian Federation. Now we don’t know whether we should reflect information about such awards in their work books.

According to Art. 66 Labor Code RF (hereinafter - the Labor Code of the Russian Federation), in the employee's work book, among other things, information on awards for success in work is entered. The employer has the right to independently determine whether his employee is worthy of promotion or not, and ultimately it is he who decides whether to reward this or that employee or not. But if the decision to encourage the employee is made, an order (instruction) of the employer on encouragement is issued, the corresponding entry must be made in the employee's work book.

Before making an entry in the employee's work book, the employer should talk with the violator, assess the complexity of the violation and decide on the option of punishing the employee. More detailed in Art. 192 of the Labor Code of the Russian Federation.

Common Violations:

Absenteeism (absence from work).
Being at work while intoxicated.
Refusal to test for alcohol intoxication.
Refusal of exams on safety at the enterprise, tk. they are required for admission to work.

Depending on the frequency and level of violation of the organization’s labor schedule, the employer may impose the following punishment options:

Comment.
Rebuke.
Termination of an employment contract with an employee on the basis of a violation of production discipline.

There are no other types of disciplinary violations in the legislation of the Russian Federation. Before making a decision, you need to evaluate:

The severity of the violation.
Reason or possible circumstances.
Information about the penalties at the previous place of work.
The attitude of the employee to the performance of his duties, the specifics of his character and attitude to labor discipline.

Announcement remarks

As soon as the fact of violation of the labor schedule was discovered and recorded, it is necessary to familiarize the employee with the following information:

The object of violation of discipline.
The exact date and time of the incident.
The reason for the reprimand.

The employee must write explanatory note, in which it is necessary to describe in detail the situation from your point of view, as well as indicate the reason for the violation.

However, if he refuses to write this paper, then the employer or his personnel officer draws up an internal act, and as a result, the employee will still be subject to disciplinary punishment.

After drawing up a recovery order, the employer is obliged to familiarize the employee with this document.

If the employee was not familiarized with the order to impose a penalty on him, this is considered a violation of the ToR, and then the employer becomes a violator of labor discipline.

Rules for imposing a penalty on labor

Not every employer is aware of whether penalties are entered into the work book or whether it is enough to issue a verbal warning to the employee. In case of repeated violation of the rules of labor discipline, the employer has the right to dismiss the employee.

So, information about penalties and the reprimand itself are entered in the work book only when an employee is dismissed due to a violation of labor discipline (Article 66 of the Labor Code of the Russian Federation).

If the employer draws up an order to dismiss an employee due to a violation of labor discipline, the HR inspector (personnel officer) makes an appropriate entry in the "Information on work" within a week from the date of the order. The record of dismissal on the basis of an order and due to a violation of industrial discipline must be certified by the seal of the enterprise, the signature of the employer and the personnel officer. It is very important that the entry in the labor and the basis for dismissal exactly correspond to the selected paragraph of the legislation of the Labor Code.

So, information about penalties is recorded in the labor only in case of dismissal of the employee due to violation of production discipline.

Of course, it would be possible not to write anything at all, because the employee is already working in this position, but in fact, the mention that the position has become a permanent need for the employee if he performs a labor function for another employer. A permanent job in the past is much more prestigious than a temporary one. When receiving education in the process of work, a corresponding entry is also made about it in the labor. Read about it here. Conclusion Translations are not very common in labor practice, but they do take place, which means that you must follow all the rules for filling out information in the work book. Perhaps, just then you will achieve excellent results and become an ideal employee of the HR department, who knows all the intricacies of translations firsthand.

We make an entry in the work book about the transfer correctly: when, how and why

TK RF. Forced transfer Reasons for forced transfer. There are also situations when the transfer to another job is carried out not by the will of the parties, but by force. Such cases include:

reduction in the number of employees in the state;
professional mismatch;
the reinstatement of the former employee at the workplace through the court and other authorities, such as the labor inspectorate;
exit of the former employee from the decree;
termination of access to state secrets, deprivation of an employee's license, committing guilty actions by an employee that do not provide for the continuation of work in this position, and so on.

If the employer does not have suitable vacancies or the transferee refused the offered position, then labor contract is terminated.

Filling out a work book when transferring

Sometimes an employee is temporarily transferred to another position, for example, at the same time as this workplace the employee who occupied him earlier will not come out, but this moment sick or absent. In this case, one should be guided by the main regulation - the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225. In accordance with it, information is entered into the work book only about work that is permanent.

The fact that the employee has been temporarily transferred to another position is not recorded, but the employee can confirm the fact of such temporary performance of duties, if necessary, with a certificate issued by the employer. But there are also temporary transfers to another unit.

Translation: entries in the work book

Since the basis for such a transfer is also the order of the head, after it is signed, an entry on a temporary transfer must be made in the work book. The procedure for issuing an internal temporary transfer to another unit is similar to that in which a job entry is made. In the first column "Information about the work" you need to put down the serial number, then, in the second - the day, month, year (date).

Heading - the name of the organization in column 3 is not put, but it must indicate the name of the unit to which the employee is transferred on a temporary basis. Transferring a part-time job to a full-time job and registering it in the work book According to Article 282 of the Labor Code of the Russian Federation, part-time work is additional employment in their free time from their main job.

Is a temporary transfer to another position included in the work book?

Firstly, such a transfer is carried out on the basis of a statement written by the employee himself.

Secondly, it must be signed with him supplementary agreement. It must necessarily describe those changed working conditions in which the employee will now work.
The third stage is the issuance of the order. It must reflect information that the employee is sent to a permanent place of work.
Fourthly, it will be necessary to transfer all personnel information relating to the employee to the branch.
That is, to the unit where the employee will directly work, all his documentation is sent (starting from a personal card, ending with a personal file).
The fifth stage will be making entries in the work book and personal card.

Transfer to another job: entry in the labor: sample 2018

Info

But there may be cases when there is no record of combination in the labor record, then after the record of dismissal from the main place of work, an entry is made about acceptance to a new place with reference to the order, as well as an indication of the period of part-time work. If there is a record of part-time employment in the labor, then in the standard procedure an entry is made on admission to the main place of work, with the obligatory indication of the date and order. How to make corrections in the work book about the transfer.

Attention

General rules corrections of transfer entries in the work book in 2017 correspond to those established for general cases. Firstly, strikethroughs, erasures, etc. are not allowed when entering data on work and awards. If an error is found, a new entry must be made under the following sequence number.

Read on to learn how to fill out a work book. In the event that an employee is transferred in the same position, but to another structural subdivision located in the same area, this will not be regarded by law as a transfer accompanied by a change in the terms of the employment contract. This procedure is called relocation. Therefore, in this case, the consent of the employee for the transfer is not required. If the position of the employee and his labor function change, it is necessary to obtain the written consent of the employee for this (Article 72.1 of the Labor Code of the Russian Federation). An exception to this rule are certain transfers made on a temporary basis. Your consent to change labor function the employee will express by signing an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation).

Are transfers to another position included in the work book

When transferring to another job, the employee must be familiarized with the order of the head against signature. This must happen no later than three days before the date of termination of the current employment contract. It is important to note that accepting an employee for new position it is impossible directly on the day of termination of the previous contract.
That is, if an employee terminated the contract on June 20, then it is possible to hire him even within the company only from June 21. General rules for filling out labor. A special procedure for filling out labor. In addition to drawing up a new contract and concluding agreements that supplement it, as well as creating an order to terminate the existing contract, it is also important to make a special entry in the labor contract. See also: Entries about renaming a position in a work book: rules for entering a position, how to make an entry in a work book This must be done strictly according to the law.
This transfer is also considered internal. When filling out a work book, all of the above rules are taken into account. You also need to remember that in the column of information about the work you need to sign the word "temporarily". Thus, the entry in the labor will look like this: “Transferred to such and such a position temporarily.”
Transfer to another structural unit Transfer to another structural unit is considered external, since in the full sense of the word the geographical place of work changes. Of course, the entries in the work book in this case are also modified. If the unit has changed its rank, then it must be indicated in the third column.
Further, if the position has not changed, but only the place of work has changed, then the phrase is written in the labor column: “Transferred to such and such a unit to such and such a position.”.

If the parties agree on the appropriate transfer of the employee, an additional agreement should be drawn up and signed with this employee to his employment contract. An employee who is subject to one of these types of transfer will need to be familiarized with his new job (work) instruction and other local regulations, which will relate to his work activity. Then the transfer of an employee to another position must be issued by an order in the form No. T-5.

In addition, it is necessary to familiarize the employee with this order against signature. On the basis of this order, appropriate entries should also be made both in a personal card (form No. T-2) and familiarize this employee with it against signature, and in his personal account (form No. T-54).

Settling in new job, each citizen must conclude an employment contract with the employer. An entry in the work book is also necessary if there is a desire to receive a decent pension in the future. Consider the nuances of formalizing employment contracts, as well as the possibility of working without a work book and the consequences for the employee. Definition Before talking about the execution of employment contracts and entries in the employment form, you need to find out what these documents are. An employment contract is an agreement between an employer and an employee that establishes their rights and obligations to each other. In accordance with this agreement, the employee is obliged to perform work in the assigned position, meet the qualifications and not violate internal regulations organizations, the employer must ensure working conditions, provide work and pay wages on time.

Student contract and work book

In our opinion, a situation where individual was hired under an employment contract for one profession, but would have been trained (retrained) by the employer under an apprenticeship contract for another profession, is unlikely. If we are talking about the retraining of an employee who has already worked in an organization in a particular profession, then, we believe, it would be more logical to initially transfer him to another job in the prescribed manner (to perform a labor function in a new profession).

And only then conclude a student agreement with the employer for retraining in a particular profession. Of course, we cannot talk about a situation where it is impossible to transfer to a job that requires special knowledge or special training, a person who does not have the specified knowledge or training.

Should an entry be made in the work book under an employment contract

Student Agreement" of the Civil Code of the Russian Federation, it is necessary to recognize it as invalid in general. In accordance with Art. 21 of the Law of the Russian Federation of July 10, 1992

N 3266-1 “On Education” (with subsequent changes and additions) “professional training aims to acquire the skills necessary for the student to perform a specific job, a group of jobs. Vocational training is not accompanied by an increase in the educational level of the student.”
It is worth noting that “vocational training can be obtained in educational institutions, as well as in the educational departments of organizations that have the appropriate licenses, and in the order of individual training from specialists with the appropriate qualifications. Primary, secondary, higher, postgraduate and additional professional education(art.
Art.

Employment contract: an entry in the work book, the nuances of registration

Attention

But, we believe, in such a situation, the teaching of special knowledge or the conduct of special training will be carried out by the employer himself or not by the employer himself, but in a licensed educational unit, with the subsequent issuance of appropriate and properly executed documents to the employee, confirming the receipt of special knowledge or special training. During the period of learning a new profession in the educational unit of a licensed organization, an employee already working in it for the purpose of further transfer to another job in the same organization that requires confirmed special knowledge, must be listed as performing work in the profession in which he works before the transfer.

The mode of work in this profession and the mode of learning a new profession during the period of apprenticeship here can be decided only by mutual agreement of the parties to the employment contract. In accordance with Art.

We fill in the work book information about education and training

This means that the performer is not subject to internal local acts customer, he should not obey officials customer and adhere to the work schedule. Combination and part-time work Often these two concepts are confused. But legal regulations clearly distinguish between combination and combination. The combination is within the framework of one employment contract.
Payment and the term of combination are determined by the order of the organization, which is issued after agreement with the employee after his written application and additional agreement. Part-time employment also involves the creation of a new employment contract in compliance with legislative norms.

The law limits the number of such contracts and the number of employers. Part-time jobs can be considered by employees of the following areas: medicine, pharmacology, culture and education.
So, unlike combination, part-time employment allows a new employment contract.

Important

Undoubtedly, this is done so that during the period of the so-called apprenticeship, the worker is paid a much lower wage for his work than to someone who is not an apprentice, but works in the same profession that the apprentice masters. Meanwhile, not in all cases when hiring as an apprentice with an employee (a person who has already concluded an employment contract, and not job seekers) a student agreement is concluded for vocational training or retraining on the job or with a break from work.

And the process of training an employee of a new profession by an employer in most cases does not take place. In this regard, very significant and significant questions arise: both on the correct registration of the recruitment of a student, and on the payment of his work during the period of apprenticeship.
According to part 2 of Art. 198 of the Labor Code of the Russian Federation, a student agreement with an employee of this organization is additional to the employment contract.

Are information about the student agreement entered in the work book?

Instructions for filling out work books). The change (addition) on the first page (title page) of the work book of records of new education, profession, specialty received is carried out by supplementing existing records (if they already exist) or filling out the corresponding lines without crossing out previously made records (clause 2.4 of the Instructions for filling out labor books). Thus, if a profession is acquired by an employee for the first time, then an entry about the receipt by the employee of this profession is not entered in the “Information about work” section, but is entered only in the information about the employee indicated on the first page (title page) of the work book.

Work under a contract, an entry in a work book can become evidence in a court of law if a conflict situation suddenly arises. Is a work book always needed? A work book form is the document that certifies the actual labor activity and work experience.

They can be hired without a work book if:

this is the first employment, and the organization itself is engaged in the design of the form;
an employee wrote a statement about the loss or damage to labor;
this is a part-time job or a civil law contract (in this case, an agreement is drawn up without an entry in the work book).

When drawing up a contract for a certain time or indefinitely, a work book is filled out without fail.

Work without labor If an employment contract is concluded between the employer and the employee, and the labor form is not filled out or is missing, there is nothing criminal in this. On the one hand, the fact of the absence of a work book does not have negative consequences if the employment contract is drawn up properly and signed by both parties.

In this case, the employer pays for his employee insurance premiums. On the other hand, if there is no confirmation seniority document, this will affect the amount of the pension.

That is, if only an employment contract is signed, the entry in the work book, in turn, is not made, this is fraught with negative consequences in future. For example, an employee has worked for about 10 years at an enterprise under an employment contract, but no entry has been made. The contract was lost for some reason and cannot be restored. It turns out that the employee loses 10 years of the total experience.
The student agreement terminates upon the expiration of the period specified in it. Civil law contract Concluding a civil law contract, an entry in the work book is not made. But this period of work is necessarily taken into account when calculating a pension, since the employer is obliged to make insurance premiums for an employee carrying out civil law activities. The duration of work included in the length of service is determined by the duration of such an agreement. And if work under an employment contract is regulated labor law, then the civil law contract is based on the norms of civil law. When concluding a work contract, the parties are the customer and the contractor.

Accordingly, the subject of the contract is the result of the work. When signing a work contract, they do not make an entry in the work book.
Undoubtedly, this is done so that during the period of the so-called apprenticeship, the worker is paid a much lower wage for his work than to someone who is not an apprentice, but works in the same profession that the apprentice masters. Meanwhile, not in all cases when hiring as an apprentice with an employee (a person who has already concluded an employment contract, and not looking for a job), a student agreement for vocational training or retraining is concluded on the job or with a break from work.

According to part 2 of Art. 198 of the Labor Code of the Russian Federation, a student agreement with an employee of this organization is additional to the employment contract.