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We had a dispute with lawyers. Tell me, please, when dismissing the general director in the work book, who should sign the dismissal record? We (human resources department) believe that the director himself can sign, because on the day of dismissal, he is still a director, and lawyers believe that the founder, who signed the employment contract from the Company, should sign. Who is right? Thanks for the answer. Answer According to paragraph 35 of Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself. In Art.
Dismissal of the CEO: who signs the work book?
Therefore, in this case, the head of the organization must make an entry in the work book of the inspector of the personnel department about the dismissal on his own. Justification of the conclusion: Part three of Art. 66 of the Labor Code of the Russian Federation provides for the obligation of the employer to keep work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules), as well as the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 "On approval of the Instructions for filling out work books." According to paragraph .
Certification of the dismissal record in the work book: subtleties and pitfalls
How do you quit then? The ideal option would be to make an entry personally by the head. But another solution is quite acceptable - the appointment of c. And.
about. responsible for the work books of another employee.
Attention
Note that with such a development of events, it is mandatory to issue an order containing the following information:
- Full name of the employee who is entrusted with the temporary fulfillment of these obligations;
- time interval for the performance of duties;
- the amount of salary increase for the specified period.
Requirements for the signature of the responsible person Since we are talking about the concept of "signature", we turn for clarification of the terminology to GOST 6.30 called "The Unified System of Organizational and Administrative Documents" (edition 2003).
Recruitment and dismissal of the director: personnel records
Federation in the order must be a signature on familiarization. It should be noted that the specified mark must be placed no later than 3 working days from the date of issuance of the document.
The Federal Service for Labor and Employment clarifies that in order to formalize the dismissal of the head, it will be enough to make a decision of the board of directors.
- Download the form of the order to dismiss the director
- Download a sample order for the dismissal of a director
How is a book marked? According to the rules of document flow, the entry is made on the day the employee leaves and is drawn up as follows:
- The first column is a serial number, the next record number in sequence is written here.
- The second column is the date, respectively the day, month and year, when the required mark is made.
- The third column is information about work and labor activity.
Labor books. certification of dismissal records.
Important
Rules for keeping and storing work books? Careerist 09/15/2011, 08:08:50 Buch from the Far, Far Kingdom, do you have someone appointed responsible for conducting labor? So let him sign Vera1978 15-09-2011, 11:26:14 I remember there were clarifications on this issue in the chief accountant, there was the following logic - the director, when dismissed, signs the record of dismissal to himself, tk.
on the day of dismissal, he must work until the end of the working day and everything that must be signed for that day, including entries in the labor, is signed by him.
How to make an entry in the work book about the dismissal of the general director?
Among the most popular reasons for the dismissal of business leaders are the following. 1. The dismissal of the general director may occur at the initiative of the employer - the decision of the owner, regardless of how effective or inefficient the manager acted.
This right of the employer is provided for both by the Labor Code and federal laws on companies of any form of ownership. But in any case, the owner, upon dismissal of the general director, must comply with labor laws and take into account that the dismissal cannot take place if the head of the enterprise is on vacation or on sick leave.
As a legal basis in this case, when making an entry in the work book, one can refer to paragraph 2 of Article 278 of the Labor Code of the Russian Federation.
Who must sign the work book upon dismissal of the director
In this case, the following solution is acceptable: Inspector OK φ Lokteva E.V. Worker μ Sobolev V.A. For more information on how the employee's signature is put in the work book upon dismissal, read here. Printing in the work book upon dismissal and basic requirements The last element of the certification of the dismissal record, as noted earlier, is the seal. The first aspect of this paragraph that is worth dwelling on is what kind of seal should such a record be certified with? Previously, you could choose from two options:
- seal of the operating organization (enterprise);
- seal of the personnel department (service).
But since 2008, the Rules have been somewhat transformed.
A number of the amendments made included the order of Rostrud to replace part of the phrase in clause 35 "... with the seal of the organization (personnel service) ..." with "... with the seal of the employer."
Who must sign the work book for the director upon dismissal
A sample entry in the work book, made in the event of the dismissal of the head of the organization in connection with the change of ownership of its property, is presented below. You can download the form or completed sample here. You may also find our articles useful: 3. The CEO may be fired even if he made an unreasonable decision, as a result of which the company suffered large financial or reputational losses, the safety of its property was violated, etc. Such a dismissal will be recognized as lawful only if it is possible to obtain irrefutable evidence of the guilt of the head of the enterprise. The basis for dismissal in this case is clause 9 of part 1 of article 81 of the Labor Code of the Russian Federation. A sample entry in the work book when the dismissal of the head occurs in connection with the adoption of an unreasonable decision is presented below.
You can download the form or completed sample here. 4.
Info
Design features and possible errors When making an entry in the labor it is important not to make mistakes, because this is a very serious document that records the work experience of the employee. Especially when it comes to the CEO. Most likely, the head of the enterprise, after his dismissal, will get a job at a higher position, where, as a rule, a very thorough check of all documents takes place.
If you want to make sure that there are no errors in the work book, you should pay attention to some points:
- Firstly, the entry is made by hand, so it should be easy to read and not contain blots and corrections.
Who signs the work book for the director upon dismissal
In the case of leaving work, an entry is made indicating the reason and a reference to a specific article of the legislation. This information is mandatory and is probably the most basic in this entry.
After all, this is the only document that demonstrates the real reason for leaving work, and the next employer will be able to analyze the employee's work activity. Example: Dismissed in connection with the adoption of a decision by the general meeting of owners to terminate the employment contract, in accordance with paragraphs. 2 tbsp. 278 of the Labor Code of the Russian Federation.
- The fourth column is the details of the documents on the basis of which the entry was made. Accordingly, this is an order or other document regulating the release of an employee's position.
Who signs the work book for the CEO upon dismissal
This document states that the composition of the requisite called "signature" must necessarily include:
- the title of the person who signed the document;
- personal painting of the above person;
- F. I. O. as a transcript of the painting.
So, the personal signature in the work book upon dismissal of the person responsible for the Labor Code (let it be an accountant) will receive the following form: Accountant φ Lokteva K.V. In the variant with an individual entrepreneur, who is obliged by Article No. 66 of the Labor Code to personally make entries in the described document, the signature will look like this: Individual entrepreneur φ Kotov Yu.B. A lot of controversy arises over the question of the possibility or impossibility of reducing the words "individual entrepreneur" to two letters "IP".
Responsibility for the maintenance, storage, accounting and issuance of work books is borne by a specially authorized person appointed by order (instruction) of the employer. The representative of the employer is the head of the organization (director) himself, except as otherwise provided by law, as indicated above. Thus, either the head of the organization himself or the employee appointed responsible for maintaining, storing, recording and issuing work books has the right to sign in work books (See also the answers of Rostrud specialists to question No. 1, question No. 2, question No. 3). Accordingly, since in the situation under consideration the person responsible for maintaining, storing, accounting and issuing work books is absent in the organization, these duties are performed by the head of the organization.
A selection of the most important documents on request Printing in the work book upon dismissal(legal acts, forms, articles, expert advice and much more).
Forms of documents
Articles, comments, answers to questions: Printing in the work book upon dismissal
In particular, upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer (if any), as well as the signature of the employee (except for the cases listed in paragraph 1, clause 36 of the Rules for maintaining and storing work books). This conclusion follows from par. 1 p. 35 of the named Rules and par. 2 Clarifications on some issues of applying the Rules for maintaining and storing work books, preparing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books" (approved by Order of the Ministry of Labor of Russia of October 31, 2016 N 589n ; hereinafter - Explanation to the Rules for maintaining and storing work books). If the organization does not have a seal, these records are certified in the manner provided for in par. 3 Explanations.
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According to the Letters of Rostrud dated January 20, 2014 N PG / 13282-6-1 and dated November 22, 2012 N 1450-6-1, the entries that were made during the execution of these documents in connection with the dismissal of an employee can be certified not only with the seal of the employer, but also with the seal personnel service, as well as any other seal containing information about the name and location of the employer. According to the department, this will formally confirm the fact of work for this employer and will not violate the rights of the employee.
Regulations: Printing in the work book upon dismissal
Order of the Ministry of Labor of Russia dated October 31, 2016 N 589n
"On approval of the clarification on certain issues of the application of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books"
(Registered in the Ministry of Justice of Russia on November 14, 2016 N 44328) If the organization does not have a seal, the entries made in the work book of the employee during work in this organization are certified by the signature of the employer or the person responsible for maintaining work books (except for the cases specified in paragraph 36 of the Rules).
35. Upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself (except for the cases specified in paragraph 36 of these Rules).
Signed by the employer
The employment relationship with the employee ends with the issuance of a dismissal order and the filing of this work book entries. Samu notice of resignation it is quite simple to do, because in the Instructions for filling out work books(hereinafter referred to as the Instruction) there are sample wordings relating to almost all the most common grounds for termination (termination) of an employment contract.
So, notice of resignation introduced. Now the employee responsible for conducting work books, must “close”, certify all entries made in work book by this employer. How to do it? The answer to this question can be found in the Rules for the maintenance and storage of work books, the production of forms work book and providing employers with them (hereinafter referred to as the Rules). According to clause 10 of the Rules, upon dismissal of an employee (termination of an employment contract), all entries made in his work book during the time of work in this organization, are certified by the signature of the employer or the person responsible for maintenance of work books, the seal of the organization (personnel service) and the signature of the employee himself.
At first glance, this rule contains extremely clear prescriptions. Despite this, in practice, experts encounter some difficulties. First of all, the question arises: which of the officials of the organization should sign in this case for the employer? According to clause 45 of the Rules, responsibility for work with workbook(maintenance, storage, accounting, issuance, etc.) is borne by the employer. But the employer for the employee is a legal entity or an individual entrepreneur (other employers - individuals do not keep work books for their employees). Everything is clear with an individual entrepreneur - he himself can contribute work book entries. What if the employer is a legal entity? In this case, the head (that is, the sole executive body) is responsible for everything. He can be called a director, a general director, and even a president. The essence of this does not change - the full responsibility lies with him as a representative of the employer. This means that the head himself can certify the records upon dismissal.
We delegate authority
However, it is rare for a leader to personally work books(perhaps with the exception of small business leaders). Most often responsible for maintaining, storing, recording and issuing work books is carried by a specially authorized person appointed by the order (instruction) of the employer. This may be a personnel officer, an accountant or a secretary who has been assigned additional responsibilities for maintaining work books within the framework of personnel management. Please note that simply mentioning these responsibilities in an employment contract or job description is not enough. Each time a responsible person is appointed work books the employee is required to issue an appropriate order (see Example 1).
An individual entrepreneur can also appoint responsible for work with workbooks any of their employees, as most often happens in practice.
Temporary replacement of the responsible
Sometimes it happens that the employee appointed responsible for this work (in our example, this is the secretary) goes on "sick leave", respectively, cannot draw up a work book resigning employee. How to proceed in this case? It is best if the leader is on his own draw up a work book employee. If for some reason the manager does not want or cannot do this, then he should issue an order with the following content (see Example 2).
Thus, close the block of records in work book must be signed by a specially authorized person. If you are such a person, then you may have a number of more questions regarding the method of registration.
What should your signature look like?
Normative legal acts (Rules, Instructions) do not contain any instructions in this regard and do not provide any samples. In practice, it is customary to make a signature as follows:
Sometimes the initials are not indicated in the transcript of the signature, but only the surname of the official is written. Of course, this is a shortcoming, although it is not of a fundamental nature. Probably, many personnel officers are guided by the title page of the work book, where it is customary to reproduce the name of the person who issued the work book in handwriting. Indeed, in the lower right corner of the title page work book stated:
"Signature of the person
responsible for maintaining work books
____________________________________»
(intelligible)
According to the established practice, the surname is entered there without indicating the initials. However, the reproduction of the surname "legibly" is not a signature in its actual sense.
According to paragraph 3.22 of GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for registration of documents ", the composition of the requisite" signature "includes:
the name of the position of the person who signed the document;
personal signature;
signature decoding (initials, surname) (see Example 4).
Of course, it would be more appropriate to indicate on the title page work book the following wording:
"Name of the person
responsible for maintaining work books
____________________________________»
(intelligible)
But work book form approved in this form, and not in another, so novice clerks have to figure out how to make a “legible signature”.
So, we found out what the props "signature" are. In addition to indicating the position, it includes a personal signature in the form of a handwritten stroke and its transcript indicating the surname and initials.
Of course, the Rules and Instructions do not directly indicate the need to be guided by GOST when working with a work book, and employment history, strictly speaking, does not apply to organizational and administrative documentation. However, it is quite acceptable to be guided by the specified standard, since this does not contradict the general procedure for maintaining and filling out work books and corresponds to established practice.
Signature of an individual entrepreneur
The amendments made to the Labor Code of the Russian Federation by Federal Law No. 90-FZ obligated the employer - an individual entrepreneur to keep work books for their employees (Article 66 of the Labor Code of the Russian Federation). Therefore, paragraph 35 of the Rules now also applies to "individuals".
If an individual entrepreneur has appointed a person responsible for maintaining work books, then there are no problems with certification of records by the employer. The secretary, accountant or personnel inspector will enter his signature in the work book as usual.
And how to make out the props "signature", if keeping a work book does the individual entrepreneur carry out independently? As you know, the name "individual entrepreneur" is not the name of the position. But the attribute "signature" cannot be incomplete, so a signature in this form is acceptable:
Is it possible to shorten the name "individual entrepreneur" to the abbreviation "IP"? On the one hand, regulations require that there be no abbreviations in the work book. On the other hand, according to the author, the inspectors will not be fined, even if this attribute contains such an abbreviation, since neither the Rules nor the Instructions yet (until changes and additions are made to them that would bring them into line with the new provisions of the Labor Code RF regarding individual entrepreneurs) do not contain any explanations on this matter.
The output could also be something like this:
Of course, this does not quite correspond to the composition of the “signature” attribute established by GOST R 6.30-2003, but it should be taken into account that an individual entrepreneur does not have a position at all. In addition, paragraph 35 of the Rules states the following: “... all entries made in his work book during his work in this organization are certified employer's signature or the person responsible for maintenance of work books…».
All these issues will be removed if an individual entrepreneur appoints by his order a specially authorized person responsible for maintaining, storing, accounting and issuing work books
(clause 45 of the Rules).
Attention to the signature of the employee!
Are you familiar with the records?
After the signature of the person responsible for maintenance of work books, it is necessary that the employee put his signature. Here the creativity of our colleagues truly knows no bounds. Most often, the employee puts his signature under the strict guidance of the secretary (personnel officer or accountant), and as a result, a signature of the following type may appear:
The absence of initials in the decoding of the signature has already been said earlier, this is a shortcoming.
The second shortcoming is the presence of the wording “familiarized with the records”, which is not provided for by any regulatory legal act. Where does it appear in the work books of employees? As some practitioners at enterprises explain, they adopted an example of such a record from an experienced colleague or from some reference and practical guide, article, etc. At the same time, some refer to clause 35 of the Rules, where it is stipulated that “all entries ... are certified the signature of the employer or the person responsible for maintaining work books, the seal ... and the signature of the employee himself. In their opinion, the assurance should look like this.
However, if you carefully read clause 35 of the Rules, you will find that assurance must be equally made by both the employer and the employee. Then why, for example, does not the personnel officer write: “The records are correct. Human Resources Inspector A.A. Samoilova"?
The fact is that personnel workers and accountants, unlike office work specialists, in this case do not quite correctly understand the word “certification”. The phrase "certified by signature" should be understood literally, literally. “Certify with a signature” means only the reproduction of the signature on the corresponding document.
Decrypt or not?
Another common mistake is that after the signature of the person responsible for maintenance of work books(or even next to it) appears completely incomprehensible whose personal signature without any decoding.
The fact is that some experts consider it sufficient to enter only a part of it in the form of a personal signature instead of the full requisite “signature”. In their opinion, a signature and a personal signature are identical things. Naturally, this is not so.
A personal signature without decryption loses its meaning, since it does not allow to personify the person who produced it. Sometimes it is even difficult to understand that a certain handwritten graphic symbol is someone's personal signature, since some people have very peculiar strokes that represent a signature, for example, these:. Especially original are the signatures of workers from other countries, where the writing is quite different from the one we are used to.
For these reasons, decryption is required. However, here too there are objections.
It is believed that the decoding of the signature (personal signature) of the employee when closing the block of records is not needed, since the employee signed on the title page work book and it is always possible to compare one personal signature with another. At first glance, this seems reasonable. But let's imagine that the employee leaving is a woman who got married and changed her last name. On the title page work book appropriate changes have been made. For example, a worker bore the surname Volkova, and became Zaitseva by her husband. On this basis, according to all the rules, the former surname "Volkova" was carefully crossed out, and the new surname "Zaitsev" was entered instead of the old one. However, on the title page of the work book, this worker did not put another signature corresponding to her new name, because this is not provided for by the rules. Again, it turns out that the signature without decryption, which certifies the block of records upon dismissal, is "ownerless".
With or without position?
Another option is when the employee’s signature is not made entirely according to the rules: there is a personal signature, there is a transcript, but there is no indication of the employee’s position, for example, “I.I. Ivanov.
But the absence of an indication of the position makes the requisite "signature" incomplete. In addition, the signature of the person responsible for maintaining work books and the signature of the dismissed employee must be made according to the same rules, since clause 35 of the Rules does not distinguish between them. So, the signature of the person responsible for maintaining work books is simply unthinkable without indicating the position (see Example 3). Then why is such an indication ignored when the signature is affixed by the employee? According to the author, both signatures should be reproduced according to similar rules.
Sometimes a rather unusual argument is made against indicating the position in the employee's signature in the work book. It is believed that a retiring employee is already a “cut off piece”, that is, he is no longer an employee, and therefore his position does not need to be indicated, since he does not have one.
But such an argument contradicts the norms of the Labor Code of the Russian Federation. According to Art. 84.1 of the Labor Code of the Russian Federation, the day of dismissal (the day the employment contract is terminated) is the last day of work. On this day, a record of dismissal should be made (clause 10 of the Rules), and also issued employment history into the hands of the worker. This day is indicated in the time sheet as worked. That is, on the last day of work, a person is still working according to a labor function stipulated by an employment contract, which means that he performs work according to his position in accordance with the staffing table (Article 15 of the Labor Code of the Russian Federation). Thus, the position of the dismissing employee has not gone away.
All these arguments testify to the need to indicate the position in the signature of the employee.
At the same time, there is one caveat. Let's imagine that the resigning employee held the position of legal adviser. His signature will look like this:
And now let's imagine that an engineer of automated process control systems of the technical support department quits (this is exactly what this name looks like according to the staffing table, the employment contract with the employee and the record of admission to work book). Reproducing such job titles may take up half a page in work book(depending on the handwriting of the employee). Understandably, this can be extremely inconvenient. Another interesting situation may arise when maintaining work books is, for example, an HR inspector, and the dismissed employee has a similar position. How to be in these cases? According to the author, it is possible to replace the title of the position with the word "employee":
The fact is that paragraph 35 of the Rules says that " all records ... are certified ... and the signature of the employee himself". At the same time, GOST R 6.30-2003 will be formally observed, and both signatures (of the one who makes entries in work book, and the departing employee) will be performed uniformly.
The author advises employers not to get carried away with long and “flowery” job titles. This is not always convenient for personnel office work, and besides, there may be problems with personnel changes.
Place for signatures and seal
It is accepted that the signatures of the person responsible for maintaining work books and the employee are located in column 3 one under one, without skipping lines.
As already mentioned, sometimes the personal signature of the resigning employee is on the same line as the signature of the secretary or personnel inspector. This is completely unacceptable. Firstly, it may seem that the second signature is made again by the secretary (or personnel inspector), especially if his "real" signature is covered (hidden) completely by a seal impression. Secondly, if these two signatures are made in accordance with all the rules, then they cannot fit on one line in any way. Thirdly, clause 35 of the Rules establishes the sequence of signatures - first the signature of the responsible person, then the employee.
Strictly speaking, after the person in charge has made his signature, he must immediately stamp it. But in practice, the seal is often placed after the signature is made by the employee. This is probably done in order to most optimally place the print impression.
According to the rules that have developed in practice, the seal impression should not hide personal signatures, as well as important details of the document or the text itself. The seal should slightly capture only the name of the position. But employment history has a small format (in size employment history the same as a general passport), and it is not always possible to successfully place a seal imprint. Some put a seal on the right, and then it prevents them from reading the details of the dismissal order. It is quite possible that when applying for a pension, employees of the Pension Fund of Russia will require an archival certificate to confirm this period of work experience, which can be quite difficult over time. It is also impossible for the seal to hide the date of dismissal, because the date of dismissal indicated in column 2 is very important for calculating the length of service.
The author advises not to be afraid to put the seal so that it occupies the bottom empty lines. This is perfectly acceptable. The next organization will open its block of records, skipping the lines occupied by the printing of the previous organization. These strings are not empty, as some experts incorrectly believe. They are occupied by the provided attribute, even if the given attribute does not occupy these lines across their entire width.
What seal?
According to the regulations in work book both the seal of the organization itself and the seal of the personnel department can be affixed.
The seal of the personnel department is not mandatory, most often employers get by with only one seal for all cases. Moreover, if the seal of the personnel department is still there, it should be borne in mind that it is affixed only to the signature of the personnel officer. If, for some reason, the dismissal record is drawn up by the head himself (for example, in the absence of a personnel inspector at work), then his signature can only be certified with the seal of the organization. At the same time, the reverse situation (the seal of the organization is affixed to the signature of the personnel officer) is absolutely legitimate even if the organization has a seal of the personnel department.
If the organization does not have a personnel department, then ordering a print for the personnel department is completely inappropriate. Many use seals in such cases that say “for documents” or “for personnel documents”. However, the Rules and Instructions point specifically to the seal of the personnel department (i.e., the seal of the corresponding structural unit), and not to some other simple seal. That is, use the seal "for documents" or "for personnel documents" in work book incorrectly. However, inspectors very rarely pay attention to this. But if you strictly follow the specified regulatory legal acts, the secretary must certify his signature in the work book only with the seal of the organization.
So, the record of dismissal was made and certified with signatures and a seal and handed over to the employee in his hands. At the same time, you must not forget to give the employee a personal card in the T-2 form and the Book of Records of Movement for signature. work books. After that, cooperation with the employee can be considered completed.
* * *
Thus, the procedure work book when dismissing an employee, it requires utmost care and knowledge of certain nuances that are not mentioned in either the Rules or the Instructions. Undoubtedly, some of these nuances are only formal in nature, and small errors will not entail an administrative penalty in the form of a fine (although they may be noted in the labor inspectorate's inspection report). But we must remember workbook entries demonstrate to other organizations how seriously and responsibly the employer takes the order of personnel records management and its staff. In addition, in our country you never know what the next reform will turn into and what mistakes that are insignificant today will be fraught with. Well, and, probably, the most important thing is the professional pride of a specialist, which should not allow neglecting even the slightest rules in his professional field.
have changed rules for maintaining work books? Yes!
Everything was simple before. new work bookwe started only an employee who got a job at his first job. If the previous work book was lost or damaged, a duplicate was issued instead. Now, in both cases, we must issue a new work book! What opportunities do the new provisions of the Labor Code open for unscrupulous workers? All the details in the article “Instead of a duplicate, we issue a new work book”, published inAugust issue of the magazine"Office work and document flow at the enterprise" for 2007.
3 It should be noted that entries in the work book are made without any reductions. At the same time, the initials in the requisite "signature" are not an abbreviation in this sense, so it is not necessary to write the full name and patronymic.
4 At the same time, the income and expense book of accounting for forms of work books and inserts is mentioned in the All-Russian Classifier of Management Documents and is subject to GOST R 6.30-2003. Also included in this classifier is such a document as a book of a shepherd (herd owner, herdsman, etc.).
5 Note that the signature of the employee is removed in work book if he was directly present at the registration of dismissal on the last day of work. Exceptions to this rule are cases when the employee is absent from work on that day or, for some reason, refuses to put his signature in the work book (paragraph 39 of the Rules).
6 For example, if a structural unit is indicated in the employment contract along with the title of the position, an employee can be “moved” to another department (workshop) for the same position only in the order of transfer, and not more convenient in this case, the transfer.
The article will help to figure out whether the employee must sign the work book upon dismissal, explains other important nuances in the legislation.
The record of dismissal is the end of the employment relationship of the parties. Paragraph 35 of the Rules indicates the registration algorithm. When a specialist leaves, the record is certified by the manager, personnel officer and the employee himself. It seems that it is clear who certifies records when an employee is fired. Still, there are problems.
2 problems when applying for a work book:
- The director of the company cannot personally certify each work book.
There is no way to sign each form, as many specialists are hired and fired. Therefore, it is necessary to transfer the authority to certify the information about the dismissal in the work book. An order is issued according to which powers are assigned to a specialist in the personnel service.
- The responsible employee takes the sick leave.
Then the order is written again. It is written there who certifies the forms during the illness of the personnel officer.
Signature of the employee in the work book is set when a person is present at work. The painting is not put when a person is absent from work or refuses to read the record.
If a person leaves the IP, then the signature is put by the private entrepreneur himself.
Transfer of authority to issue forms
An order is a document that is issued to assign duties to an employee of the personnel department.
4 main details of the order:
- publication date;
- room;
- surname, patronymic, name and position of the employee appointed as the responsible person for the execution of books;
- the amount of the salary increase.
How to certify a record
Traditional layout:
- HR specialist indicates his position.
- signs.
- does the decryption. For example, he writes: Ivanov A.L.
There is one important point here. The rules prohibit abbreviations on the form. It turns out that it is wrong to put initials instead of the full indication of the name and patronymic. Therefore, there is a second version of assurance. Sample: Ivanov Alexey Leonidovich.
Another question arises: to indicate the position of a specialist or not. When an official receives a document on the last working day, the position is indicated. If a person has already quit and takes the form, then the position is not written.
Writing the words: “I assure” and “acquainted” also does not make sense. The law does not establish the obligation to write additional words for those who sign a work book upon dismissal.
Important! The specialist must sign not only the book, but also a personal card. Personal cards must be kept in paper form; registration using a computer is not allowed.
So, there are several options for filling out documents. You just need to choose the appropriate option and follow the requirements of the Rules and Instructions for filling out books.
How to fire yourself as an HR employee
Often the question arises of who signs when the only employee of the personnel service quits. If there is no responsible person, then the responsibility for maintaining the forms is shifted to the head. The rule is established by paragraph 45 of the Rules. Therefore, the record in the document is made by the director.
Certification with a seal
Sometimes the question arises, what kind of seal to put. The seal of the head and the personnel service are different concepts. Paragraph 35 of the Rules establishes the procedure for office work. It is the seal of the head, and not the personnel service, that is used. The law does not oblige the company to have a seal, so some companies do not have it. If there is no stamp, then the head's signature is sufficient to certify the entry. A person authorized to certify work books can also put a signature.
If there is a seal, then you need to correctly put the print.
7 basic rules for stamping:
- set carefully;
- do not close neighboring records and paintings of other persons;
- leave visible details of documents;
- the seal should slightly cover the title of the position of the dismissed person;
- leave open the date of termination of employment when the seal is put;
- put the seal clearly so that the name of the organization is well read;
- you can print the bottom lines.
If the personnel officer affixes the stamp of the personnel department, this will be considered a serious violation.
What documents are signed when terminating a contract
The specialist must put his autograph not only in the book. Other documents must also be signed.
5 documents where the painting is put:
- personal card;
- book movement books;
- employment history;
- order.
Therefore, the personnel officer does serious work and prepares the listed documents for each case.
Design nuances
Personnel records management is carried out in a standard way. But there are situations that require a separate solution.
Table with questions on personnel records management
| Question | Solution |
| An employee whose book is kept in two languages is dismissed. How is the record certified in this case? | In this case, it is required to write about the dismissal also in two languages. Certification is required for both texts. |
| The employee went on vacation with the subsequent dismissal. Now he refuses to come to the office and pick up the book. Can the document be sent by mail? | The document can be sent by mail only in one case: the specialist has given his consent to this. If there is no consent, it is required to send a written notice with a request to pick up the document yourself. |
| Do I need to write "acquainted" when certifying the record of dismissal? | The law does not establish the obligation to write "acquainted", so it is not necessary to do so. But if you write "acquainted", it will not be a big mistake. |
| The businessman opened an individual entrepreneur, hired many workers. Should an entrepreneur keep employee books on their own? | The entrepreneur must independently maintain the forms. You can also assign a responsible person. An order is issued to transfer authority to a personnel officer, secretary or accountant. The order is established by paragraph 45 of the Rules. |
Any personnel issue must be resolved, guided by the norms of the Labor Code, Rules and Instructions.
Resolution of disputes
If everything goes in order, the employee will sign his autograph upon dismissal without any problems. A completely different situation is when a person leaves with a scandal and refuses to certify a document. The employer needs to protect himself from blackmail, to decide whether the employee must sign the work book upon dismissal. A guide to action is enshrined in article 193 of the Labor Code. The act must be signed by two, and even better three employees, preferably not related by official duties to the dismissed specialist.
The act must be issued or you will have to pay fines. The absence of an autograph of a dismissed employee is a serious violation.
The requirements of labor legislation must be strictly observed in order to avoid sanctions. Punishment is established by Article 5.27 of the Code of Administrative Offenses. The violator pays fines. The head risks getting a fine of up to five thousand rubles. The company is subject to a penalty ranging from thirty to fifty thousand rubles. Penalties increase if repeated violations are found.
Registration errors
Often there are violations in personnel work. There are both minor shortcomings and major violations for which fines are provided.
7 Examples of Writing Mistakes
- The initials of the employee are not indicated.
For example, they write: Kuznetsov instead of Kuznetsov A.K.
- Additional entries are added.
For example, a personnel officer confirms an already well-known fact with the words: “I am familiar with the record.” A simple signature is sufficient. The employee's autograph is a certification.
- The signature is not decrypted at all.
This is indeed a problem. Indeed, some people have such an incomprehensible painting that it is difficult to say to whom it belongs. Therefore, decryption is required.
- The seal of the personnel service is put. The stamp of the personnel service cannot be put, the document is certified only by the signature of the head.
- Sweepingly put the seal.
Print must be used with care. Signatures, details of the order must be read.
- The secretary fills out personnel documents, and there is no order for the transfer of authority.
Definitely need an order. If there is no order, then the documents must be filled in by the head or private entrepreneur.
- Forget to indicate the position of the specialist.
You need to specify the position, since the document is given on the last business day. This means that the specialist is still performing his duties, and the position must be indicated.
It is difficult to fully list the position if it is too long. Then it is better to write ˗ employee instead of the full job title. The requirements of the law will be observed, because the text made in the form must be certified by the head and the employee himself.
Summary
- Books must be kept by the head of the company.
- Authority can be delegated to a secretary or personnel officer. To do this, you need to issue an order.
- There is no need to write extra words next to the signature of the employee made in the labor. A painting by a specialist is enough.
