The wording of dismissal of one's own free will in the work book. Record of dismissal in the work book

The work book is still the main document for fixing the length of service and passing the stages labor activity. It records data on hiring, promotion, changes in qualifications, gratitude and awards. One of the most important information characteristics placed in work book, are the dismissal records.

Basic rules for making a dismissal record

Entries in the work book about the end of the employment contract are made in strict accordance with labor legislation. General rules their conduct is fixed in two fundamental normative guidelines:

1. In the Rules for maintaining and storing work books (Government Decree No. 225 of 04/16/2003).
2. In the Instructions for filling out work books (Decree of the Ministry of Labor and social development No. 69 dated 10.10.2003).

In the record, the reference to the reason for dismissal is of fundamental importance. When specifying such a basis, no deviations from the letter of the law are allowed. Entries must be made in strict accordance with the statement of the grounds for dismissal, placed in Art. 84.1 of the Labor Code of the Russian Federation.

The entry is made on the day of the change in the employee's work activity. This setting provision is all the more true for such a record that is fundamentally important for any worker as fixing a dismissal. Recording is required to be performed on the same day with the signature of the dismissal order. The only exception to this rule is the termination of the employment contract due to the death of the employee, when it is necessary to wait for the death certificate to be received.

Employment books are forms of strict reporting. Based on this fact, business instructive rules have been drawn up requiring strict observance of the procedure for their filling, accounting and storage. They are set out in the sixth section of the Rules, which prescribes the maintenance of two journals for their accounting:

1. Income and expense book, where information on the acquisition and consumption of work books is recorded.
2. The book of the movement of work books, in which all data about the worker is entered: F.I. O., position held by staffing, category, category, time of hiring, stages of promotion, available penalties, awards, time and reasons for dismissal.

In a large company, the personnel department is in charge of processing and storing work books. But if a small organization or an individual entrepreneur does not have such a service, then its function is performed by the responsible persons appointed by order for the enterprise or the individual entrepreneur himself (clause 45 of the Rules).

Features of registration of records depending on the reason for dismissal

The main difficulty in making a record of dismissal is the fixation of its cause. AT real life There can be a lot of reasons for dismissal, from “didn’t get along” to “moving to another area.” In the Labor Code, there is a list in this respect with strictly defined wordings set out in Art. 84.

Here are the thirteen main reasons for quitting:

1. By agreement of the parties.
2. due to the expiration of the contract.
3. At the request of the worker.
4. At the initiative of the employer.
5. Due to transfer to another job.
6. When a team member is elected to an elective position.
7. When an employee does not want to continue the employment relationship due to undesirable changes in working conditions or a change in the owner of the company.
8. Due to the unwillingness of the employee to remain in the reorganized enterprise with different conditions of labor relations, or when changing subordination.
9. For health reasons, when it becomes physically impossible for a member of the labor collective to work for same place, and the company does not have a position with easier conditions.
10. When an employee himself does not want to transfer to a position offered to him at the enterprise, accessible to him according to physical data.
11. In connection with the change of location of the company and the refusal of the employee to move to another region.
12. Due to the inability to continue the employment relationship for reasons beyond the control of the will of both parties (call for military service, conviction by court verdict, death, etc.). Almost all of these situations are described in Art. 83 of the Labor Code of the Russian Federation.
13. In connection with the revealed violations of the previously concluded agreement, which can no longer be corrected.

As you can see, there are many reasons for dismissal. But there are even more wordings that need to be stated in strict accordance with the provisions of the Labor Code and indicating the specific paragraph of the article of the Labor Code of the Russian Federation, which is the basis for dismissal.

Voluntary dismissal

This basis is used most often, as it is the most convenient for the employer in material and legal aspects.

There are two options for recording here:

1. "Fired by own will»;
2. "Employment contract terminated employee initiative».

The first option follows the requirements of paragraph 5.2 of the Instruction of the Ministry of Labor No. 69, and the second corresponds to the provisions of Art. 84.1 of the Labor Code of the Russian Federation. Both ways of recording are quite correct and legally identical. After writing the grounds for dismissal, a link is placed to paragraph 3 of Art. 77 of the Labor Code of the Russian Federation.

Currently, the legislator requires that the record of dismissal be certified by the employee himself. To certify his familiarization with the record, he must simply sign below the signature of the employee of the personnel department or first write the word "acquainted" and sign. These options are constantly discussed by specialists who cannot come to a single solution.

The basis for dismissal of one's own free will is paragraph 3 of part 1 of Art. 77 Labor Code of the Russian Federation

Upon dismissal of their own free will, employees often receive benefits established by law. The most common conditions for receiving such surcharges are:

• dismissal to care for a child under the age of 14;
• dismissal when one of the spouses moves to work in a region far from the enterprise.

When special circumstances in addition to the main record, this reason for dismissal is also indicated (clause 5.6 of the Instruction of the Ministry of Labor).

Dismissal at the initiative of the employer

There are five grounds on which a worker quits on the initiative of the employer (Article 81 of the Labor Code of the Russian Federation):

1. Termination of the company.
2. Appearance of a new owner of the company.
3. Team reduction.
4. Gross violations of discipline and labor protection.
5. Systematic neglect conscientious performance their work responsibilities.

Although the list of reasons for parting with an employee does not end there. Here you can also write in the third column of the book “fired” or “ labor contract terminated." Both options are correct and can be applied on the same legal basis.

Layoffs due to downsizing are one of the most common employer-initiated layoffs.

Table: the most common wording used when dismissing at the initiative of the employer

Dismissal for health reasons

Dismissal due to poor health is possible both at the request of the worker himself, and at the initiative of the employer. The entry upon dismissal, caused at the request of the employee himself, in this case is identical to the entry upon dismissal at his own request.

True, there is one significant nuance here - if the manager is interested in the employee staying, he has the right to demand to write about the reasons for his decision and ask to document the level of his health. Then, upon receipt of a medical certificate confirming the impossibility further work, it is easier and more cost-effective for an enterprise to issue an entry as a dismissal of one's own free will.

But upon dismissal at the initiative of the employer, depending on the specific situation, it is possible various ways recording. In any case, the employer must first offer the employee a position that he can handle based on his physical condition. The employee must refuse the offered place in writing, and after that, on the basis of his disagreement with the position of the employer, he may be dismissed.

The record of dismissal for health reasons must indicate that the employee refused the position offered to him, suitable for the level of his health.

The entry will look like this:

The employment contract was terminated due to the employee's refusal to transfer to another job, which is necessary for him in connection with a medical report, clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation.

But when the employer does not have such a position that the employee could cope with based on his physical abilities, then a record of the following content is left in the labor:

The employment contract was terminated due to the employer's lack of work required by the employee in accordance with the medical report, clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation.

Transfer dismissal

The law provides for two ways to transfer to another company (clause 5, article 77 of the Labor Code of the Russian Federation):

• at the request of the employee;
• at the initiative of the employer, but with the consent of the employee.

Depending on the variations of this basis, a suitable entry is made (clause 6.1 of the Instructions of the Ministry of Labor). It should be noted that when applying for a job at the company indicated upon dismissal, it is also necessary to emphasize that we are talking about a transfer admission. At the same time, the clarification that the transfer is carried out at the request of the employee or with his consent is not displayed in the record.

Dismissal by transfer can be either at the request of the employee or at the initiative of the employer

Dismissal of an employee working under a temporary employment agreement

Employment is formalized in a standard way, but upon dismissal, the entry in the work book is somewhat different. Here it looks like this:

Dismiss due to the expiration of the term of the employment contract, clause 2 of part 1 of article 77 of the Labor contract of the Russian Federation.

Dismissal due to death

Death is recorded solely on the basis of legal documents: a death certificate or a court order declaring the missing person dead.

The order and record of dismissal are not drawn up here immediately, but on the basis of the evidence or decision received. In the order and record, the word “dismiss” cannot be used, since only a living person can be dismissed. Instead, you need to write:

Termination of an employment contract due to the death of an employee, clause 6, part 1 of article 83 of the Labor Code of the Russian Federation.

In the work book in this case, it is necessary to write about the termination of the employment contract, and not about dismissal

The work book is issued to one of the close relatives of the deceased or sent by registered mail. For personal extradition, a receipt is required from the recipient.

Certification of an entry in the work book

The record of dismissal is certified by two signatures and a seal. According to clause 10 of the Rules, the dismissal records are signed by:

• the employer or employee responsible for the maintenance of work books;
• dismissed employee.

Usually when the employer is individual entrepreneur, he himself certifies the record, since there is most often no special employee for this in the state of the IP.

In a situation where an employee leaves a more or less large firm, the entry theoretically has the right to sign its head. In practice, the company issues an order which appoints a person responsible for maintaining work books. He, on a full legal basis, signs an entry in the work book. If such a situation has arisen that it is at the time of dismissal that such a responsible person is on vacation or on sick leave, then two options are possible:

• the entry is signed by the temporarily acting person appointed by the order;
• the signature is made by the head of the enterprise.

The signature is drawn up in accordance with GOST 6.30 (Unified system of organizational and administrative documents). It includes:

• title of the signatory;
• the painting itself;
• FULL NAME.

At the same time, the position and F.I. The O. of the signatory must be written out in full without any abbreviations. For example, you cannot write “IP” instead of “individual entrepreneur”.

The signature of the dismissed employee is placed below the signature of the responsible person. It is done similarly to the previous signature, according to all the rules. It can't be just an incomprehensible stroke of a pen.

And it is also not allowed for the signature of the employee to stand next to the signature of the responsible person. It should only fit below.

Before the signature of the employee, his hand puts the entry “familiarized” or “familiarized with the records”.

Signatures are stamped. Previously, an entry in the work book could be certified with the seal of the organization or the seal of the personnel department. However, according to paragraph 35 of the order of Rostrud, since 2008, it is allowed to certify signatures exclusively with the seal of the enterprise.

When establishing a seal imprint, the following rules must be observed:

• the seal should not cover signatures and other lines, interfering with their reading;
• the imprint should lightly touch the record of the position of the dismissed employee;
• The print must be unsmeared and legible.

Correction and replacement of entries

There are legally established rules governing the change of entries in work books.

Worker information fixes

Changes in the name of the owner of the work book are carried out on the basis of information from documents proving his identity. They are placed on title page by crossing out old lines and inserting new entries next to the strikethrough data. Previous data is crossed out with a thin solid line so that it can be read. On the inner, empty, page of the cover is placed a record of the name of the document, on the basis of which the personal data was changed. Document details are required. This entry is signed by the responsible officer or by the employer. She reassures corporate seal. It is forbidden to put the seal of the personnel department.

When changing information about an employee, the old entry is neatly crossed out with one line, and the reason for the change is entered on the back

It should be emphasized that everything written on the title page can only be changed and is strictly forbidden to correct. A book with an incorrectly completed title page must be changed without fail as invalid and a new one must be registered. The cost of its acquisition must be reimbursed by the employer himself, and the damaged copy must be destroyed.

Change of information about work activity

All incorrect information, subject to certain conditions, is allowed to be corrected. These corrections are carried out at the company whose personnel officers made a mistake when filling out the record, or at another production site based on documents sent from the first job. If the former enterprise was reorganized, then the document must be provided by its successor. And if the old company is closed or the individual entrepreneur has closed his business, then the new employer makes the corrections.

Unlike changes on the title page, records of changed information about the work cannot be crossed out. To correct them, additional correct entries are made, which indicate that the old entries should be considered invalid. Using a similar method, information about an erroneously made dismissal is changed. Entries that indicate errors in old entries and their new edition is entered are performed below the last of the previous entries.

Records of changes to job details are placed under last entry in a work book with continuous numbering

Corrective entries are made in the following order:

• in the first column the serial number of the record is put;
• in the second column, the date of making a new entry is fixed;
• in the third column, the phrase “The entry under the number “n” is considered invalid” is entered and a correct entry is made below it;
• in the fourth column, the date and number of the order are put, in accordance with which a new entry is made.

An entry on the recognition of the old dismissal record as invalid and a link to the restoration order at the previous company is performed in the same way:

• in column three, the phrase “Entry number “n” is invalid, reinstated at the previous job”;
• column four enters the number and date of the order for reinstatement at work.

Storage conditions for books

The storage procedure is regulated by clause 45 of the "Rules for maintaining and storing work books". The employer is legally responsible for the safety of these valuable documents. If the employer is considered to be an individual businessman, then all responsibility falls on his shoulders. Responsible for storage in the organization is appointed by the head of this enterprise by his order. In a small company, this post is occupied by an accountant, and in a solid one, by an employee of the personnel department.

Employment books, being forms of strict reporting, are required by law to save in safes or durable fireproof metal boxes. On a monthly basis, the person responsible for their storage is obliged to compile a report on the available copies, as well as provide data on the purchase of new forms. If there are incorrectly compiled books to be written off, then an act of their destruction is attached to the report.

Accounting is recorded in a journal called the "Book of accounting for the movement of work books."

The issuance of a work book on hand is possible only:

• employee upon dismissal;
• relative of the deceased worker.

A dismissed employee is handed a work book exactly on the day of the dismissal order. If a worker fails to appear for any reason to receive it, a notification is sent to him by mail about the need to pick up his book. Any responsibility for the delay in issuing a work book from the date of sending the notification is removed from the enterprise or entrepreneur.

Unclaimed work books are saved in the company for 75 years. The same period of storage is provided for the "Book of accounting for the movement of work books."

For all other causes, except death and dismissal, certified copies or extracts are issued at the request of the employee.

True, according to changes in the Rules for maintaining and storing books from 01.01. 2015, it is allowed to issue a book to an employee upon his written application for three days to apply to the social insurance authority. The employee may leave the book at the social insurance authority, but is obliged to return it within three days upon receipt by this body.

The procedure for recording a dismissal in a work book is regulated by legislative documents and must be strictly observed. Proper formatting of this entry ensures that there are no errors and avoids creating conflict situations between employer and employee.

HE. Rusakova,
magazine "Salary" No. 4/2009

Employees leave for various reasons.What records need to be made in each case, we will describe in the article.

An entry in the work book on the basis and reason for the termination of the employment contract must be made in accordance with the wording of the Labor Code. In this case, it is necessary to refer to the relevant article, part, paragraph of the article of this document or other federal law. Such a rule is established in article 84.1 of the Labor Code. However, often in practice, when making entries about dismissal in the work book, for example, the question arises of what entry should be made upon dismissal of one's own free will. Unfortunately, there is no single approach to this problem.

Voluntary dismissal

Many personnel officers follow the instructions in paragraph 5.2 of the Instructions for filling out work books, which was approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69 (hereinafter referred to as the Instruction). They make an entry: "Fired of their own free will, paragraph 3 of Article 77 of the Labor Code of the Russian Federation."

Others rely on the requirements of Article 84.1 of the Labor Code. In this case, the entry will be as follows: "The employment contract was terminated at the initiative of the employee, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation."

After making a record of dismissal, the employee must familiarize himself with it and sign in the work book. He can put a signature below the signature of the personnel officer, or make a handwritten note “Familiarized” and put a signature (sample below).

If an employee resigns of his own free will for reasons with which the law associates the provision of certain benefits and benefits, an entry on the dismissal (termination of the employment contract) is made in the work book indicating these reasons. This is stated in paragraph 5.6 of the Instructions.

The basis for making such entries may be an employee's statement that he needs to take care of a child under 14 years old, for an employee - a certificate from her husband's place of work about his transfer to work in another area. Depending on the reason for dismissal, an appropriate entry must be made (sample below).

If the employee leaves in the order of transfer

Paragraph 5 of Article 77 of the Labor Code establishes several grounds for dismissal in the order of transfer to another employer:

At the request of an employee;

With his consent.

The entry in the work book depends on the basis on which the employee leaves (see the sample on pages 112 and 113). This is stated in paragraph 6.1 of the Instruction. AT new organization when hiring, it is also necessary to indicate that the employee was accepted in the order of transfer, but the reason - at the request of the employee or with his consent - no longer needs to be indicated (see sample below).

Note!

Despite the fact that the Labor Code has been in force for seven years, work books are still filled out with errors. When making a record of dismissal, they give a link to Article 80 of the Labor Code of the Russian Federation. It is not a basis for dismissal, but only regulates the procedure for terminating an employment contract at the employee's own request. This method making a record of dismissal creates problems not only for the employee, but also for the employer, because when hiring for a new place of work, the employee will be asked to correct such a record at the employee’s previous place of work.

Sample letter of dismissal of an employee of her own free will

DISMISSAL OF AN EMPLOYEE HIRED UNDER A FIXED EMPLOYMENT CONTRACT

A record of hiring an employee under a fixed-term employment contract is no different from a record of hiring an employee under an indefinite employment contract. However, upon dismissal of an employee due to the expiration of the employment contract, an entry must be made in accordance with paragraph 2 of Article 77 of the Labor Code (see sample below).

A sample record of the dismissal of an employee of her own free will in connection with the transfer of her husband to work in another locality

Sample record of dismissal in the order of translation at the request of the employee

Sample record of dismissal in the order of transfer to another employer with the consent of the employee

Sample record of employment of an employee in the order of transfer

ADDITIONAL GROUNDS FOR TERMINATION OF AN EMPLOYMENT CONTRACT

Labor law provides for three main types of grounds for dismissal:

General (Article 77 of the Labor Code of the Russian Federation, except for paragraphs 4 and 10);

Employer's initiative (Article 81 of the Labor Code of the Russian Federation);

Circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation).

In addition, there are additional reasons. For example, Article 278 of the Labor Code provides two additional grounds for terminating an employment contract with the head of an organization:

In connection with the dismissal of the head of the debtor company in accordance with the legislation on insolvency (bankruptcy);

In connection with the adoption by the authorized body legal entity, or by the owner of the property of the organization, or by the person (body) authorized by the owner of the decision to terminate the employment contract.

Sample letter of dismissal of an employee due to the expiration of the employment contract

In these situations, when making a record of dismissal, one must refer not to article 77 of the Labor Code, but to article 278 and make an entry according to its wording (see sample on p. 117).

Article 336 "Additional grounds for termination of an employment contract with teacher» The Labor Code of the Russian Federation provides for four such additional grounds:

Repeated gross violation of the charter educational institution within one year;

The use, including a single one, of methods of education related to physical and (or) mental violence against the personality of a student, pupil (see a sample of the corresponding entry on p. 118);

Reaching the age limit for filling the relevant position. In state and municipal higher educational institutions the positions of the rector, vice-rectors, heads of branches (institutions) are filled by persons under the age of 65, regardless of the time of conclusion of employment contracts. Persons holding these positions and who have reached the age of 65 are transferred, with their written consent, to other positions corresponding to their qualifications (Article 332 of the Labor Code of the Russian Federation);

Non-election by competition for the position of a scientific and pedagogical worker or expiration of the term for election by competition.

In any case, the record of dismissal must comply with the wording of the Labor Code or other federal law.

Sample entry on termination of the employment contract in connection with the adoption by the owner of the property of the organization of the relevant decision

Sample record of termination of an employment contract with a teacher

The appropriate entries in the book should be made by a personnel officer or an employee who is authorized by the head of the organization. At the same time, only a specialist who is responsible for maintaining personal records of employees has the right to certify information.

All information must correspond to the text of the dismissal order. Such rules are established in paragraph 10 of the Labor Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 under No. 225 (hereinafter referred to as the Rules article).

Examples of registration of records in labor for all occasions

The sequence of entries in the work book about dismissal

Step 1. Enter the serial number in the first column Arabic numerals

The numbering should be through, starting with the first entry and continuing in the insert.

Step 2. Enter the date in Arabic numerals in the second column

All numbers from 1 to 9 indicate with zero. For example, March 4, 2019 should be specified in this format "03/04/2019". The date of termination of employment coincides with the last day of work of the employee. An exception is going on vacation with subsequent dismissal. In this case, the last day of vacation is indicated in the document (based on the second part of Article 127 of the Labor Code).

Step 3. Indicate in the third column the reasons for termination of employment with reference to the relevant article of the law

Step 4. Indicate in the fourth column the grounds for dismissal

It is necessary to list the details of the order or order of the head, another document. First enter the name of the order, and then indicate the date and number.

Entry in the labor " voluntary dismissal ” or for other reasons are brought in without reductions. All information entered by the personnel officer or other authorized employee is certified. Responsible person indicates his position, affixes his signature, makes a transcript, indicating the surname, name, patronymic. In accordance with the Order of the Ministry of Labor of Russia dated October 31, 2016 under No. 589n, it is necessary to certify a signature with a seal only if the organization uses it. It is permissible to certify all marks not only with the seal of the company, but also with the personnel service.

It is important that the print be round shape, included the full name of the company and legal address her whereabouts. This is confirmed by letters from Rostrud dated November 22, 2012 under No. 1450-6-1 and dated January 20, 2014 under No. PG / 13282-6-1, by the Pension Fund in a letter dated August 16, 2017 under No. 19-19 / 12397.

The record of dismissal of one's own free will or for other reasons must be certified by the signature of the employee himself. This means that the employee was familiarized with it, which in the future will protect the employer from possible problems.

Read in "Personnel System":

What are the general entry requirements

Filling out a work book upon dismissal is done carefully, using pen, gel or ballpoint pens. Uses black, blue, purple flowers. You cannot enter information in ink of a different color. For example, do not use red, green, pink or yellow.

If, when making an entry in a book, the pen ran out of ink, then it is permissible to complete it with another pen using ink of the same type and color. When it was not possible to match similar ink, you need to try to keep the color. An entry made with different inks is in any case valid if the ink and pen meet all the established requirements.

What nuances to consider when entering information in the third column

When filling out the third column, personnel officers often have questions. Incorrect wording may contradict established standards law. There are three wording options:

• "Fired..."
• “Employment contract terminated…”
• "Employment contract terminated..."

Article 84.1 of the Labor Code of the Russian Federation mentions a record of dismissal, that is, "about the reason for the termination of the employment contract." At the same time, Article 81 of the Labor Code indicates “termination of the TD (employment contract) at the initiative of the employer”, and Article 66 of the Labor Code of the Russian Federation directly “on dismissal”. The difference between such concepts as: “dismissal”, “termination / termination of an employment contract” is explained from the point of view of the theory of law. Since the employee is considered the subject of labor relations, he is fired. An object is a contract that can be terminated or terminated. Both of these concepts denote the immediate termination of cooperation, which means that they are equivalent in meaning.

If dismissal is carried out of one's own free will, for other reasons, an entry in the labor is made using one of three wordings.

An exception to the established rule is the death of an employee. A person who is no longer alive cannot be fired. In accordance with clause 5.4, the instructions in the book indicate that the employment contract has been terminated.

Resignation due to the death of an employee

You can download a sample.

How to indicate the grounds for dismissal

Dismissal in the work book, that is, the grounds, obliges to enter article 84.1 of the Labor Code of the Russian Federation. At the same time, Article 77 of the Labor Code of the Russian Federation specifies the grounds for termination of labor relations. There are no instructions in the current legislation on how to enter a part of the relevant article - in words or in numbers. In the text of the Labor Code, when some of the relevant articles are mentioned, the numbers are indicated in words. Therefore, when making an entry, you can be guided by this rule and indicate the part number of the relevant article in words.

Table. Sample entries in the work book upon dismissal with links to articles of the Labor Code of the Russian Federation

You can download a sample.

What are the features of making an entry upon dismissal on your own

Employee initiative is the most common reason for dismissal. But personnel officers often have a question, whether to make an entry in the work book with the wording “of their own free will” or “at the initiative of the employee.”

In the Instruction, on which you need to rely, in paragraph 5.2, the following wording is proposed: “ Dismissed voluntarily... ". When making an appropriate mark on the basis, the personnel officer must refer to the third paragraph of the first part of Article 77 of the Labor Code. The wording is there: employee initiative ". Both proposed options are correct. Neither the labor inspectorate nor the Pension Fund have any claims to such wording.

Entry in the labor " voluntarily fired » assure in the generally accepted manner. When making an entry in the dismissal book, they must indicate the reason if the employee with whom the employment relationship has been terminated will have the right to receive certain benefits or guarantees (subject to clause 5.6 of the Instruction).

An entry in the work book about dismissal is made in a certain sequence. Filling is carried out carefully, using fountain, helium or ballpoint pens. Use black, blue, purple ink. You cannot enter information in ink of a different color - red, green, pink or yellow. Incorrect wording may be contrary to the established norms of the law.

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

Work book of an employee and why is it needed

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

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

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

In the workbook:

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

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

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

Recruitment

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

So, you need to enter:

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

Part-time employment

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

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

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

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

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

Dismissal

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

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

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

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

Paragraph and Art. TC Entry in the work book

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

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

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

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

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

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

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

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

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

Item number 8. 1 part. Art.77.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The appropriate entries in the book should be made by a personnel officer or an employee who is authorized by the head of the organization. At the same time, only a specialist who is responsible for maintaining personal records of employees has the right to certify information.

All information must correspond to the text of the dismissal order. Such rules are established in paragraph 10 of the Labor Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 under No. 225 (hereinafter referred to as the Rules article).

Examples of registration of records in labor for all occasions

The sequence of entries in the work book about dismissal

Step 1. Enter the serial number in Arabic numerals in the first column

The numbering should be through, starting with the first entry and continuing in the insert.

Step 2. Enter the date in Arabic numerals in the second column

All numbers from 1 to 9 indicate with zero. For example, March 4, 2019 should be specified in this format "03/04/2019". The date of termination of employment coincides with the last day of work of the employee. An exception is going on vacation with subsequent dismissal. In this case, the last day of vacation is indicated in the document (based on the second part of Article 127 of the Labor Code).

Step 3. Indicate in the third column the reasons for termination of employment with reference to the relevant article of the law

Step 4. Indicate in the fourth column the grounds for dismissal

It is necessary to list the details of the order or order of the head, another document. First enter the name of the order, and then indicate the date and number.

Entry in the labor " voluntary dismissal ” or for other reasons are brought in without reductions. All information entered by the personnel officer or other authorized employee is certified. The responsible person indicates his position, puts down his signature, makes a transcript, indicating the last name, first name, patronymic. In accordance with the Order of the Ministry of Labor of Russia dated October 31, 2016 under No. 589n, it is necessary to certify a signature with a seal only if the organization uses it. It is permissible to certify all marks not only with the seal of the company, but also with the personnel service.

It is important that the seal be round in shape, include the full name of the company and the legal address of its location. This is confirmed by letters from Rostrud dated November 22, 2012 under No. 1450-6-1 and dated January 20, 2014 under No. PG / 13282-6-1, by the Pension Fund in a letter dated August 16, 2017 under No. 19-19 / 12397.

The record of dismissal of one's own free will or for other reasons must be certified by the signature of the employee himself. This means that the employee was familiarized with it, which in the future will protect the employer from possible problems.

Read in "Personnel System":

What are the general entry requirements

Filling out a work book upon dismissal is done carefully using fountain, gel or ballpoint pens. Use black, blue, purple ink. You cannot enter information in ink of a different color. For example, do not use red, green, pink or yellow.

If, when making an entry in a book, the pen ran out of ink, then it is permissible to complete it with another pen using ink of the same type and color. When it was not possible to match similar ink, you need to try to keep the color. An entry made with different inks is in any case valid if the ink and pen meet all the established requirements.

What nuances to consider when entering information in the third column

When filling out the third column, personnel officers often have questions. Incorrect wording may be contrary to the established norms of the law. There are three wording options:

• "Fired..."
• “Employment contract terminated…”
• "Employment contract terminated..."

Article 84.1 of the Labor Code of the Russian Federation mentions a record of dismissal, that is, "about the reason for the termination of the employment contract." At the same time, Article 81 of the Labor Code indicates “termination of the TD (employment contract) at the initiative of the employer”, and Article 66 of the Labor Code of the Russian Federation directly “on dismissal”. The difference between such concepts as: “dismissal”, “termination / termination of an employment contract” is explained from the point of view of the theory of law. Since the employee is considered the subject of labor relations, he is fired. An object is a contract that can be terminated or terminated. Both of these concepts denote the immediate termination of cooperation, which means that they are equivalent in meaning.

If dismissal is carried out of one's own free will, for other reasons, an entry in the labor is made using one of three wordings.

An exception to the established rule is the death of an employee. A person who is no longer alive cannot be fired. In accordance with clause 5.4, the instructions in the book indicate that the employment contract has been terminated.

Resignation due to the death of an employee

You can download a sample.

How to indicate the grounds for dismissal

Dismissal in the work book, that is, the grounds, obliges to enter article 84.1 of the Labor Code of the Russian Federation. At the same time, Article 77 of the Labor Code of the Russian Federation specifies the grounds for termination of labor relations. There are no instructions in the current legislation on how to enter a part of the relevant article - in words or in numbers. In the text of the Labor Code, when some of the relevant articles are mentioned, the numbers are indicated in words. Therefore, when making an entry, you can be guided by this rule and indicate the part number of the relevant article in words.

Table. Sample entries in the work book upon dismissal with links to articles of the Labor Code of the Russian Federation

You can download a sample.

What are the features of making an entry upon dismissal on your own

Employee initiative is the most common reason for dismissal. But personnel officers often have a question, whether to make an entry in the work book with the wording “of their own free will” or “at the initiative of the employee.”

In the Instruction, on which you need to rely, in paragraph 5.2, the following wording is proposed: “ Dismissed voluntarily... ". When making an appropriate mark on the basis, the personnel officer must refer to the third paragraph of the first part of Article 77 of the Labor Code. The wording is there: employee initiative ". Both proposed options are correct. Neither the labor inspectorate nor the Pension Fund have any claims to such wording.

Entry in the labor " voluntarily fired » assure in the generally accepted manner. When making an entry in the dismissal book, they must indicate the reason if the employee with whom the employment relationship has been terminated will have the right to receive certain benefits or guarantees (subject to clause 5.6 of the Instruction).

An entry in the work book about dismissal is made in a certain sequence. Filling is carried out carefully, using fountain, helium or ballpoint pens. Use black, blue, purple ink. You cannot enter information in ink of a different color - red, green, pink or yellow. Incorrect wording may be contrary to the established norms of the law.