Work record at your own request sample. Entry in the employment record of dismissal: sample filling

Recent changes in Russian legislation relating to working relations have not abolished documentary evidence of hiring, dismissal and transfer. The emphasis on the topics of “white” salary and pension makes the work book a rather important document, so it is important to take care of the correctness of the information entered into it.

In order to prevent discrepancies in the record of a person’s dismissal, its execution must comply with certain rules.

Entry in the work book about voluntary dismissal 2018 - correct wording

In case of dismissal, the contents of the new entry are regulated by two main documents:

  • 1. Labor Code ();
  • 2. Instructions for filling out work books ().

In the first case, the correct wording contains “... at the initiative of the employee...”. In the second: “... of my own free will...”. And be sure to point out.

What does the entry in the work book about voluntary dismissal contain?

Any form must be drawn up indicating the necessary data:

  • number (“continuous” numbering throughout the book);
  • date (day, month, year);
  • direct information about the place of work;
  • position and signature of the responsible person;
  • seal of the organization, human resources department or other seal provided by law;
  • name of the document with its outgoing data (number, date).

Without any of the listed items, the entry will be considered invalid.

Is the CEO's signature required?

The CEO's signature must appear on the employee's application and on the organization's order (). The document only contains the seal and signature of the person responsible for filling it out - most often this is the head of the human resources department or another authorized person. The General Director's certificate is not required.

Incorrect wording when filling out a work book

An entry may be considered erroneous for various reasons, for example, if there is a discrepancy between the points and articles specified when registering the dismissal. Thus, the Russian Federation regulates the rules of registration, but is not the basis. Getting this document in order can be costly, so be careful what you put into it from the very beginning.

Who does the filling?

If the organization is small, then personnel issues and accounting are dealt with either directly by the manager or by an accountant. If the enterprise has a personnel department, filling out various papers related to the hiring and departure of employees, as well as issuing relevant orders, is the job responsibilities of the department’s specialists.

Examples of entries in the work book about voluntary dismissal

The law establishes a number of payments upon dismissal, for example, compensation for vacation that was not properly used. In order to receive all due payments, you need to include information about each of them in the application for termination of the contract. Raising children (under 14 years of age) should also be indicated in the document.

If an employee has drawn up an employment contract, then, despite the different working conditions specified in the document, its termination is carried out according to the template. Dismissing, for example, a part-time worker should be done with the same wording.

Similar questions

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

Basic rules for recording a dismissal

Entries in the work book about the termination of the employment contract are made in strict accordance with labor legislation. The general rules for their conduct are fixed in two fundamental regulatory guidelines:

  1. In the Rules for maintaining and storing work books (Government Decree No. 225 of April 16, 2003).
  2. In the Instructions for filling out work books (Resolution of the Ministry of Labor and Social Development No. 69 of October 10, 2003).

The reference to the reason for dismissal is of fundamental importance in the record. When indicating such a basis, no deviations from the letter of the law are allowed. Records must be compiled in strict accordance with the statement of grounds for dismissal contained in Art. 84.1 Labor Code of the Russian Federation.

The entry is made on the day of the change in the employee’s work activity. This regulation applies even more so to such a fundamentally important record for any worker as the recording of dismissal. The registration must be completed on the same day with the signature of the dismissal order. The only exception to this rule is the termination of an employment contract due to the death of an employee, when it is necessary to wait for the receipt of a death certificate.

Work books are strict reporting forms. Based on this fact, business guidelines have been drawn up that require strict adherence to the procedure for filling them out, recording and storing them. They are set out in the sixth section of the Rules, which requires the maintenance of two journals for their accounting:

  1. A receipt and expenditure book, which records information on the acquisition and consumption of work books.
  2. Book of movement of labor records, in which all data about the worker is entered: F.I. O., position held according to the staffing table, rank, category, time of hiring, stages of promotion, available penalties, awards, time and reasons for dismissal.

In a large company, the HR department is in charge of processing and storing work books. But if a small organization or 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 recording records depending on the reason for dismissal

The main difficulty when recording a dismissal is recording its reason. In real life, there can be a lot of reasons for dismissal, from “they don’t get along” to “moving to another area.” The Labor Code contains a list on this subject with strictly defined wording set out in Art. 84.

Here are thirteen main reasons for dismissal:

  1. By agreement of the parties.
  2. Due to the expiration of the contract.
  3. At the request of the worker himself.
  4. At the initiative of the employer.
  5. Due to transfer to another job.
  6. When electing a team member 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 employee’s reluctance to remain in an enterprise that has undergone reorganization with different conditions of labor relations, or when changing subordination.
  9. Due to health reasons, when it becomes physically impossible for a member of the workforce to work in the same place, and the company does not have a position with easier conditions.
  10. When an employee himself does not want to move to the position offered to him at the enterprise, which is accessible to him based on his physical characteristics.
  11. Due to a change in the location of the company and the employee’s refusal to move to another region.
  12. Due to the inability to continue the employment relationship for reasons beyond the control of both parties (conscription for military service, conviction by court, death, etc.). Almost all of these situations are described in Art. 83 Labor Code of the Russian Federation.
  13. Due to identified violations of a previously concluded agreement that can no longer be corrected.

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

Dismissal at your own request

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. “Dismissed at his own request”;
  2. “The employment contract was terminated at the initiative of the employee.”

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

Currently, the legislator requires that the dismissal record be certified by the employee himself. To certify that he has read the record, he must simply sign below the signature of the HR employee 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 voluntary dismissal is clause 3, part 1, art. 77 Labor Code of the Russian Federation

When resigning at their own request, employees often receive benefits established by law. The most common conditions for receiving such additional payments are:

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

If special circumstances arise, in addition to the main entry, this reason for dismissal is indicated (clause 5.6 of the Instructions of the Ministry of Labor).

Dismissal at the initiative of the employer

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

  1. Termination of the company's activities.
  2. The emergence of a new owner of the company.
  3. Team reduction.
  4. Gross violations of discipline and labor protection.
  5. Systematic neglect of conscientious performance of one's work duties.

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

Dismissal due to staff reduction is one of the most common cases of dismissal at the initiative of the employer.

Table: the most common formulations used for dismissal at the initiative of the employer

ArticleEntry in column 3
Clause 1 Part 1 Art. 81 Labor Code of the Russian FederationDismissed due to termination of activities by an individual entrepreneur, paragraph 1 of part 1 of Article 81 of the Labor Code of the Russian Federation.
clause 2 part 1Dismissed due to a reduction in the organization's workforce, clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation.
clause 2 part 1Dismissed due to a reduction in the number of employees of the organization, clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation
clause 2 part 1Dismissed due to a reduction in the number of employees of an individual entrepreneur, paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation
clause 2 part 1Dismissed due to a reduction in the number of employees of an individual entrepreneur, paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation
clause 3 part 1Dismissed due to inadequacy of the position held due to insufficient qualifications confirmed by certification results, clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation
clause 3 part 1Dismissed due to inadequacy of the work performed due to insufficient qualifications, confirmed by certification results, clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation
clause 4 part 1Dismissed due to a change in the owner of the property, clause 4, part 1, article 81 of the Labor Code of the Russian Federation
clause 5 part 1Dismissed for repeated failure to fulfill job duties without good reason, clause 5, part 1, article 81 of the Labor Code of the Russian Federation
Subp. “a” clause 6, part 1, article 81 of the Labor Code of the Russian FederationDismissed for absenteeism, subparagraph “a” of paragraph 6 of part 81 of the Labor Code of the Russian Federation
or
Dismissed for a one-time gross violation of labor duties - absenteeism, subparagraph “a” of paragraph 6 of part 81 of the Labor Code of the Russian Federation
Dismissed for appearing at work while intoxicated, subparagraph “b” of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation
Subp. “b” clause 6, part 1, article 81 of the Labor Code of the Russian FederationDismissed for appearing at work in a state of drug intoxication, subparagraph “b” of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation
Dismissed for disclosing a legally protected secret (commercial), subparagraph “c” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation
Subp. “c” clause 6, part 1, article 81 of the Labor Code of the Russian FederationDismissed for disclosing personal data of another employee, subparagraph “c” of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation
Subp. “d” clause 6, part 1, article 81 of the Labor Code of the Russian FederationDismissed for committing theft of someone else's property at the place of work, established by a court verdict that has entered into legal force, subparagraph “d” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation
Subp. “d” clause 6, part 1, article 81 of the Labor Code of the Russian FederationDismissed for violation of labor safety requirements established by the labor safety commission, which resulted in grave consequences (industrial accident), subparagraph “d” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.
clause 7.1 part 1Dismissed for committing guilty actions giving grounds for loss of trust on the part of the employer, clause 7 of part 1 of article 81 of the Labor Code of the Russian Federation
clause 8.1 part 1Dismissed for committing an immoral offense incompatible with the continuation of this work, clause 8 of part 1 of article 81 of the Labor Code of the Russian Federation
clause 9.1 part 1Dismissed for making an unreasonable decision that resulted in a violation of the safety of property, clause 9 of part 1 of article 81 of the Labor Code of the Russian Federation
clause 10 part 1Dismissed for a single gross violation of labor duties, paragraph 10 of part 1 of article 81 of the Labor Code of the Russian Federation
clause 11 part 1Dismissed for providing false documents to the employer when concluding an employment contract, clause 11 of part 1 of article 81 of the Labor Code of the Russian Federation

Dismissal due to health reasons

Dismissal due to deteriorating health is possible both at the request of the worker himself and at the initiative of the employer. The entry for dismissal caused at the request of the employee himself, in this case, is identical to the entry for 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 that he write about the reasons for his decision and ask him to document his level of health. Then, upon receipt of a medical report confirming the impossibility of further work, it is easier and more cost-effective for the enterprise to formalize the entry as dismissal of one’s own free will.

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

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

The entry will look like this:

The employment contract was terminated due to the employee’s refusal to transfer to another job, which he needed 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 a position that the employee could handle based on his physical capabilities, then the following entry is left in the work record:

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

Dismissal due to transfer

The law provides two ways for transferring to another company (clause 5 of 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). Please note that when applying for a job at the company specified upon dismissal, it is also necessary to emphasize that we are talking about employment by transfer. However, 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 due to 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

Hiring 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 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 immediately, but on the basis of the received evidence or decision. The word “dismiss” cannot be used in the order or record, since only a living person can be fired. 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 this case, in the work book 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 issuance, a receipt is required from the recipient.

Certification of entries in the work book

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

  • the employer or employee responsible for maintaining work records;
  • dismissed employee.

Usually, when the employer is an individual entrepreneur, he himself certifies the record, since most often there is no special employee for this on the individual entrepreneur’s staff.

In a situation where an employee resigns from a more or less large company, the record theoretically has the right to be signed by its manager. In practice, the company issues an order that appoints someone responsible for maintaining work records. He signs the entry in the work book on full legal grounds. If such a situation arises that at the moment of dismissal such a responsible person is on vacation or on sick leave, then two options are possible:

  • the record is signed by the temporarily performing duty appointed by the order;
  • The signature is made by the head of the enterprise himself.

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

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

At the same time, the position and full name The statements of the signatory must be written out in full without any abbreviations. For example, you cannot write “Individual Entrepreneur” instead of “individual entrepreneur”.

Below the signature of the responsible person is the signature of the dismissed employee. It is done in the same way as the previous signature, according to all the rules. It cannot be just an incomprehensible stroke of the pen.

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

Before the employee’s signature, the entry “read” or “read the records” is placed in his own hand.

Signatures are certified by a seal. Previously, an entry in a 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, signatures can only be certified with the seal of the enterprise.

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

  • the seal should not cover signatures and other lines, preventing them from being read;
  • the imprint should lightly touch the record of the position of the dismissed employee;
  • The print should not be smeared and readable.

Correcting and replacing entries

There are legally established rules governing changes to entries in work books.

Corrections to employee information

Changes in the name of the owner of the work book are made on the basis of information from documents proving his identity. They are placed on the title page by crossing out old lines and writing new entries next to the crossed out data. Previous data is crossed out with a thin solid line to make it readable. A record of the name of the document on the basis of which the personal data was changed is placed on the inner, empty cover page. The details of the document must be recorded. This entry is accompanied by the signature of the responsible employee or the signature of the employer. It is certified by the company seal. It is prohibited to affix the HR department seal.

When information about an employee changes, the old entry is neatly crossed out with one line, and the basis for the change is written on the back.

It should be especially emphasized that everything written on the title page can only be changed and is strictly prohibited from being corrected. A book with an incorrectly filled out title page must be changed 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.

Changes in employment information

All incorrect information may be corrected if certain conditions are met. These corrections are made at the company whose personnel officers made a mistake when filling out the entry, or at another production facility on the basis of documents sent from the first job. If the previous enterprise was reorganized, then its legal successor must provide the document. And if the old company is closed or the individual entrepreneur has closed his business, then the corrections are made by the new employer.

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

Entries about changes in job information are placed under the last entry in the work book with continuous numbering

Adjusting entries are made in the following order:

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

An entry recognizing the old dismissal record as invalid and a reference to the order for reinstatement at the previous company is carried out in the same way:

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

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 an individual businessman is considered an employer, then all responsibility falls on his shoulders. The person responsible for storage in the organization is appointed by the head of this enterprise by his order. In a small company, this position is occupied by an accountant, and in a reputable company, this position is occupied by an employee of the personnel department.

Work books, being strict reporting forms, are required by law to be stored in safes or durable fireproof metal boxes. Every month, the person responsible for their storage is required to draw up a report on available copies, as well as provide data on the purchase of new forms. If there are incorrectly compiled books that are subject to write-off, then an act of their destruction is attached to the report.

The accounting is recorded in a journal called the “Book of Accounting for the Movement of Labor Books.”

Issuance of a work book in person is possible only:

  • to an employee upon dismissal;
  • relative of the deceased employee.

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

Unclaimed work books are kept by the company for 75 years. The same storage period is provided for the “Book of records of the movement of labor books.”

For all other reasons, except death and dismissal, certified copies or extracts are issued at the employee's request.

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 can leave the book at the social insurance authority, but must return it within three days after receiving it from this authority.

The procedure for recording dismissal in the work book is regulated by legislative documents and must be strictly observed. Correct execution of this record guarantees the absence of errors and avoids the creation of conflict situations between the employer and employee.

At the moment, the work book is the main document on employment. At the same time, there are certain rules noted in the Labor Code of the Russian Federation, according to which the work book must be kept - in case of violation, the organization may face a serious fine. To avoid this, let's look at what entries are made in the work book about dismissal.

Several features and important points of filling out labor forms

Everything about maintaining labor records, in particular about the correctness of records of dismissal, is written down in Resolution 225. According to it, absolutely all employers (excluding individuals) must maintain such books. Employers usually include not only legal entities, but also individual entrepreneurs and farms. An important point - according to Article 66 of the Labor Code of the Russian Federation, work books must also be kept for all employees who have worked in a position for more than 5 working days.

But for external part-time work, you don’t have to carry out work - here everything depends on the desire of the employee himself. But if you have already started registering a part-time employee, then you should definitely formalize his dismissal.

The procedure for filling out the labor form

Before we tell you how to make an entry in the work book about dismissal, you should briefly talk about the general rules for maintaining this document.

  • In column No. 1 in the “Work Information” section we enter the serial number of the entry. That is why the first record is assigned the first number, and so on. If the last entry was number seven, then the next one is number eight, etc.
  • In column No. 2 we indicate the date of dismissal. It must fully correspond to the date in the order. Indicate in the following format - day: month: year (10.09.2016).
  • In column No. 3 we indicate the basis for dismissal, not forgetting to indicate the clause of the article of the Labor Code of the Russian Federation. You can indicate the following wording: “Was dismissed according to...”, “The employment contract was terminated according to the article...”.

It is important to note that the grounds for dismissal must be formulated exactly as written in the Labor Code of the Russian Federation. For example, “At the initiative of the employee.”

Which articles of the Labor Code should I refer to?

Here you should also focus on Resolution No. 225, some paragraphs of which are devoted to the direct dismissal of company employees. Let's look at this question in more detail:

Let's take a closer look at how to formulate information and record data in a work book.

Table No. 1. Upon termination of an employment contract at the initiative of the employee

Articles of the Labor Code of the Russian Federation How to formulate a post
Article 77, paragraph 1 Dismissed by agreement of the parties, paragraph 1 of Article 77 of the Labor Code of the Russian Federation. Severance agreement
Article 77, paragraph 2 Dismissed due to the expiration of the employment contract, paragraph 2 of Article 77 of the Labor Code of the Russian Federation. Notice of termination of an employment contract
Article 77, paragraph 3 Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation. Application for resignation
Article 77, paragraph 5 Dismissed by transfer to Tantum Limited Liability Company with the consent of the employee, paragraph 5 of Article 77 of the Labor Code of the Russian Federation. Letter to the host company
Article 77, paragraph 3 She was dismissed at her own request due to her husband’s transfer to work in another area, paragraph 3 of Article 77 of the Labor Code of the Russian Federation. Statement
Article 77, paragraph 6 Dismissed due to refusal to continue work in connection with a change in the owner of the organization’s property, paragraph 6 of Article 77 of the Labor Code of the Russian Federation. Statement
Article 77, paragraph 7 Dismissed due to refusal to continue work due to a change in the terms of the employment contract determined by the parties, paragraph 7 of Article 77 of the Labor Code of the Russian Federation. Statement
Article 77, paragraph 8 Dismissed due to refusal to transfer to another job due to health conditions in accordance with a medical report, paragraph 8 of Article 77 of the Labor Code of the Russian Federation. Statement
Article 77, paragraph 9 Dismissed due to refusal to transfer due to the employer's relocation to another location, paragraph 9 of Article 77 of the Labor Code of the Russian Federation. Statement

Table 2. Upon termination of an employment contract at the initiative of the employer

Articles of the Labor Code of the Russian Federation How to formulate a post Grounds for dismissal of an employee
Article 81, paragraph 1 Dismissed due to the liquidation of the organization, paragraph 1 of Article 81 of the Labor Code of the Russian Federation. Liquidation decision
Article 81, paragraph 2 Dismissed due to a reduction in the organization's workforce, paragraph 2 of Article 81 of the Labor Code of the Russian Federation. Order to reduce staff
Article 81, paragraph 3 Dismissed due to insufficient qualifications, confirmed by certification results, paragraph 3 of Article 81 of the Labor Code of the Russian Federation. Order of dismissal
Article 81, paragraph 4 Dismissed due to a change in the owner of the organization's property, paragraph 4 of Article 81 of the Labor Code of the Russian Federation. Enterprise purchase and sale agreement
Article 81, paragraph 5 Dismissed for repeated failure to fulfill labor duties without good reason, paragraph 5 of Article 81 of the Labor Code of the Russian Federation. Discipline order
Article 81, paragraph 6 Dismissed for violation of labor protection requirements, which entailed grave consequences, subparagraph “e” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation. Discipline order
Article 81, paragraph 7 Dismissed for committing guilty actions giving grounds for loss of trust on the part of the employer, paragraph 7 of Article 81 of the Labor Code of the Russian Federation. Discipline order

Table 3. Upon termination of an employment contract due to circumstances beyond the control of the parties

Articles of the Labor Code of the Russian Federation How to formulate a post Grounds for dismissal of an employee
Article 83, paragraph 1 Dismissed due to conscription for military service, paragraph 1 of Article 83 of the Labor Code of the Russian Federation. Employee statement
Article 83, paragraph 2 Dismissed due to the reinstatement of the employee who previously performed this work, paragraph 2 of Article 83 of the Labor Code of the Russian Federation. The court's decision
Article 83, paragraph 3 Dismissed due to failure to be elected to a position, paragraph 3 of part one of Article 83 of the Labor Code of the Russian Federation. Election Commission decision
Article 83, paragraph 4 Dismissed due to being sentenced to a punishment that precluded continuation of previous work, in accordance with a court verdict that entered into legal force, paragraph 4 of Article 83 of the Labor Code of the Russian Federation. Court sentence
Article 83, paragraph 6 The employment contract was terminated due to the death of the employee, paragraph 6 of Article 83 of the Labor Code of the Russian Federation. Death certificate
Article 83, paragraph 7 The employment contract was terminated due to the occurrence of emergency circumstances preventing the continuation of the employment relationship, paragraph 7 of part one of Art. 83 of the Labor Code of the Russian Federation. Document on the occurrence of circumstances
Article 83, paragraph 11 Dismissed due to the cancellation of the court decision to reinstate the employee at work, paragraph 11 of Art. 83 of the Labor Code of the Russian Federation. Appeal or cassation court ruling

Several important nuances when making entries in the work book

When registering a dismissal in the work book, the following definitions should be entered in full:

  • Part.
  • Article.
  • Order.
  • Russian Federation
  • Labor Code.

And if you made a mistake in the wording or mixed up the details, you cannot cross out what you wrote. You need to do the following:

  1. An order is issued which must invalidate the entry.
  2. The next number in the work book is to enter information about the invalid entry, specifying the order number.
  3. A new entry is made.

Any entries in the work book are recorded on the basis of any document - this could be an employee’s statement, an order or an order from the employer. In this case, the word “Order,” as we have already said, must be written down in full. HR officers are also prohibited from making other reductions. For example, if “p. 1 tsp. 1 tbsp. 77 Labor Code of the Russian Federation." Such a record will become the basis for receiving a fine. You also need to select a pen: a gel, ballpoint, or fountain pen is suitable; the ink can be black, purple or blue.

What to do if the employee decides to cancel the document? If the employer has already issued an order for his dismissal and the corresponding entry appears in the employment record, it is necessary to issue a new order to cancel the previous document.

Based on it, a new entry will be made in the labor record:

  • In column No. 1 we put a serial number.
  • In column No. 2 we enter the date of entry.
  • In column No. 3 we write that “The entry behind “number...” is invalid.” After that we write down the current record.
  • In column No. 4, enter the order number again.

Why can a labor entry be declared invalid?

Labor records may be invalidated if:

  • The grounds for dismissal of an employee were incorrectly indicated (for example, instead of Article 83 of the Labor Code of the Russian Federation, Article 80 of the Labor Code of the Russian Federation was indicated, which is not a basis for dismissal at will).
  • The details of the order are indicated incorrectly - most often this happens due to the inattention of the employee filling out the document.
  • Errors when entering dates. This includes both errors caused by inattention (for example, the wrong year was entered - not 2017, but 2016), but also factual errors (when the date of dismissal does not correspond to the date specified in the order)
  • Blots and errors in entries, including grammatical ones.

Therefore, it is advisable for all employees who are involved in drawing up the document to immediately check the accuracy of the entered information immediately after writing it and only then sign it. If errors are discovered later, it will be more difficult to make adjustments.

Conclusion:

  • Work books are kept by all legal entities, individual entrepreneurs, and farms.
  • All grounds for dismissal must be written down exactly with the wording of the articles that are described in the Labor Code.
  • Do not cross out or correct entries in your work report under any circumstances.
  • If problems and inaccuracies are discovered when maintaining work records, this may lead to fines of up to 5,000 rubles for an official and up to 5,000 rubles for a legal entity.

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) - the employee’s main document about his work activity and length of service (clause 2 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (hereinafter referred to as the Rules)). Therefore, this document must be prepared properly. This also applies to the employment record of dismissal.

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

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

  • in column 1 of the work book the serial number of the entry is indicated;
  • column 2 reflects the date of dismissal;
  • in column 3 a record is made of the reason for dismissal;
  • Column 4 indicates the details of the document on the basis of which the dismissal is entered into the work book.

Recording in the labor record: dismissal at will

Most often, an employer breaks up with an employee because the latter himself has expressed a desire to resign. Therefore, let's look at filling out a work book using this situation as an example.

Recording dismissal in the work book: sample

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

Entry no. date Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law) Name, date and number of the document on the basis of which the entry was made
number month year
1 2 3 4
Limited Liability Company "Osen" (Osen LLC)
9 16 03 2015 Hired in the information technology department as a programmer Order No. 7/p dated March 16, 2015
10 17 10 2016 Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation Order No. 24/у dated October 17, 2016
Specialist Karpova E.A. Karpova
Monin

Signature of the employee in the work book upon dismissal

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

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

Stamp in the work book upon dismissal

Since April 2015, organizations must use a round seal only in cases established by federal laws (Federal Law dated 04/06/2015 No. 82-FZ). In all other situations, the seal is used only if it is available (that is, the organization itself decides whether it needs a round seal or not).

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

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

Examples of registration of records in labor records 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 must be continuous, starting from the first entry and continuing in the insert.

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

All numbers 1 through 9 are indicated with a zero. For example, March 4, 2019 should be entered in this format as “03/04/2019”. The date of termination of employment coincides with the employee’s last day of work. An exception is going on vacation followed by 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 the employment relationship with reference to the relevant article of the law

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

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

Recording in the labor record voluntary dismissal "or for other reasons are introduced without abbreviations. All information entered by the personnel officer or other authorized employee is certified. The responsible person indicates his position, signs, and enters a transcript, indicating his last name, first name, and patronymic. In accordance with the Order of the Ministry of Labor of Russia dated October 31, 2016 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 HR department.

It is important that the seal be round in shape and 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 from 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.

A record of dismissal at will or for other reasons must be certified and signed by the employee himself. This means that the employee was familiarized with it, which will protect the employer from possible problems in the future.

Read in the "Personnel System":

What are the general requirements for records?

Filling out the work book upon dismissal is done carefully, using fountain, gel or ballpoint pens. Use black, blue, violet 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 runs out of ink, then it is permissible to complete it with another pen using ink of the same type and color. When you can't find similar ink, you need to try to preserve 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, HR officers often have questions. Introducing incorrect wording may be contrary to established norms of law. There are three wording options:

  • "Fired..."
  • “The employment contract has been terminated...”
  • “The employment contract has been terminated...”

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

If a dismissal is carried out at one’s own request or for other reasons, an entry in the employment record is made using one of three formulations.

An exception to the established rule is the death of an employee. It is impossible to fire a person who is no longer alive. In accordance with clause 5.4, the Instructions in the book indicate that the employment contract has been terminated.

Registration of dismissal due to the death of an employee

You can download the sample.

How to indicate the grounds for dismissal

Dismissal in the work book, that is, the grounds, is required to be entered in 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 part of the relevant article - in words or in numbers. In the text of the Labor Code, when parts 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 corresponding article in words.

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

Grounds for dismissal

Article, paragraph, part of the Labor Code of the Russian Federation

At the initiative of the employee

Clause 3 of Part 1 of Article 77

At the initiative of the employer

The corresponding paragraph of part 1 of article 81

Due to circumstances beyond the control of the parties

The corresponding paragraph of part 1 of article 83

By agreement of the parties

Clause 1 of Part 1 of Article 77

Due to the expiration of the employment contract

Clause 2 of part 1 of Article 77

In connection with the transfer of an employee to work for another employer or transfer to an elective position

Clause 5 of Part 1 of Article 77

You can download the 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 about whether to make an entry in the work book with the wording “at their own request” or “at the initiative of the employee.”

In the Instructions, on which you need to rely, the following wording is proposed in paragraph 5.2: “ Resigned voluntarily... " When making the appropriate note about the basis, the personnel officer must refer to the third paragraph of part one of Article 77 of the Labor Code. The wording there is: “ employee initiative " Both proposed options turn out to be correct. Neither the labor inspectorate nor the Pension Fund have any complaints about such formulations.

Recording in the labor record voluntarily dismissed » certified in the generally accepted manner. When making an entry in the dismissal book, be sure to indicate the reason if the employee with whom the employment relationship has been terminated has the right to receive certain benefits or guarantees (taking into account clause 5.6 of the Instructions).

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

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