Arguments on the problem of the need to cancel the work book. Work without a book: when the work experience will be taken into account electronically. How do employees find out about their work experience?

Russian legislation is constantly changing, and this is due to the fact that the country's authorities and officials again and again come up with new laws, which then, after that, come into force and begin to operate throughout the country. Today, December 8, 2019, it became known that in the Russian territory they decided to cancel work books in their usual form. Now this document, according to the government of the Russian Federation, has already become obsolete. In theory, it is intended for employers to make entries in such a book that some people work for them, but in practice this does not always happen. A few hours ago it became known that the State Duma of the Russian Federation in the final third reading adopted new law, according to which all records of the length of service of citizens of the population will be stored in in electronic format on special government servers, which, of course, Rostelecom is responsible for.

According to the new law, which has already been adopted, from January 1, 2020, electronic work books will appear in the Russian territory, and until June 30, 2020, all Russian companies and SPs will have to warn their employees that they are moving to a digital format of such. However, employees were assigned the right to independently decide which book to use - electronic or traditional paper. However, with last option everything is not so simple, because from January 1, 2021, employers will no longer be responsible for storing such books, and therefore, from that very day, such books will be kept exclusively by their owners. Moreover, from the same moment, all employees will be able to receive only electronic books, while paper ones, including in case of loss, will no longer be possible to receive in any way.

It turns out that from 2021 on Russian territory there will no longer be any work books, and all data on work experience will be stored in electronic form, where Russian companies will be required to enter information. The PFR will monitor the correctness of entering all the data in such books, that is, employees of any companies or organizations will not have to make any efforts at all, because this process will take place without their participation. All you need is an official employment contract. If the employer fills in some data incorrectly, by doing it by accident or intentionally, he will be forced to correct everything under the threat of sanctions, doing it in a short time. It is noted that the new law affects at least the interests of 60 million Russians, as well as 8.4 million companies and individual entrepreneurs(IP).

The new law applies to the whole of Russia without any exceptions, therefore, even in small settlements of physical paper books about employment, in which you can see the history of work, will not. This new bill was created taking into account the interests of business, which for many years has been asking the country's authorities to abandon the traditional means of storing this kind of data, because they are inefficient by modern standards. Time will tell how the Russians will react to such an innovation, but, probably, everyone will only benefit from it, because it will not be necessary to have a work book, and the fewer documents, the easier it is to live.

All the same, it will take place, and it is already known exact date: January 1, 2020. The Government of the Russian Federation has proposed three bills for consideration, providing for a number of major amendments to labor and pension legislation. Bill No. 748684-7 on the abolition of paper work books and the transition to them electronic options adopted by the State Duma in the first reading. Let's talk about what awaits employers and ordinary citizens in connection with these changes in 2020.

When will work books be canceled in Russia

The concept of "electronic work books" in Russian legislation absent. The changes introduced by the law operate with the term “information about labor activity". Now all information about employees, their length of service, transfers to other positions, dismissals will be transmitted via electronic communication channels to the Pension Fund. A gradual transition from paper books to electronic books is planned during 2020. The date of cancellation of work books on paper is January 1, 2021. From 01/01/2021, all paper work books must be handed over to employees, and they will not be required from newly hired employees when they are hired, and paper work books will not be issued to those who first get a job in 2021.

The bill allows the employee to have a work book on paper after the specified period - he can write an application for keeping the book with the employer and maintaining it in paper form. However, this does not exempt the employer from the electronic transmission of data to the FIU for such employees. These applications must be accepted by the employer only within due date- until the end of 2020. If the application is not received before 01/01/2021, the work will be handed over to the employee. Thus, the responsibility for the safety of the forms of work books returned to employees is removed from the employer.

Three draft laws on the abolition of work books in Russia

All of the above changes are introduced by bill No. 748684-7. According to him, Labor Code The Russian Federation is supplemented by a new article 66.1 “Information on labor activity”, which describes the procedure for canceling paper work books and the algorithm for switching to an electronic accounting system. The bill also regulates a set of preparatory measures for employers. They are required during 2020 to:

    make the necessary changes to the local regulations, collective agreement (if necessary);

    notify the staff in writing against signature of a change in the procedure for accounting for work books;

    prepare for the electronic transmission of employee data: ensure that technical base, frames and related software.

Another draft law No. 748744-7, amending the law on accounting No. 27-FZ of 04/01/1996, obliges employers to submit a new monthly SZV-TD report "Information on labor activity", starting from January 2020. The deadlines for its submission are similar to the SZV report -M - no later than the 15th day of the month following the reporting one. But from January 1, 2021, this report will need to be generated and submitted to the FIU on the next business day after the date of issuance of the order to hire, dismiss an employee, transfer to another job. Companies with 25 or more employees are required to provide this information in electronic format. Thus, many companies will switch to electronic personnel document management with the Pension Fund.

The third draft law No. 748758-7 amends Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and introduces liability for all employers for the repeated transmission of false or incomplete information about the labor activity of personnel and for violation of the deadlines for their submission. So far, sanctions have been provided only in the form of a warning. officials employer. But, perhaps, a fine of a certain amount will also be introduced, because. the law is still under consideration.

How do employees find out about their work experience?

The abolition of work books in 2020 in the form of paper forms raises a legitimate question among employees: how can they find out information about their work activity, length of service, etc. Bill No. 748684-7 provides for the receipt of this data by the employee from the following sources:

    from your current or last employer in the form of a certified certificate in paper form or an electronic document signed with an EDS; information is issued on the day of dismissal or upon request within 3 days after receipt of the relevant application by the personnel department;

    through the MFC - on paper, duly certified;

    in the FIU - in electronic or paper format to choose from;

    through the website of the State Services in electronic form.

The ongoing reform to abolish work books offers a number of benefits for both companies and their employees:

    An electronic work book cannot be forged or lost: in case of loss or damage, you do not need to bypass everyone former employers to restore records.

    It will be convenient for employees to apply for public services and the appointment of pensions and benefits: there is no need to present a paper copy of the work book every time to confirm the length of service.

    The FIU will have a single electronic base for the appointment of pensions, which will simplify this procedure.

    When hiring, the personnel department will promptly receive all data on the seniority of employees.

    Employers will reduce the cost of purchasing and storing work book forms.

Meanwhile, experts also point out shortcomings of the ongoing reform. These include the issue of the safety of personal data in the FIU system. At the moment, there have been no failures and information leakage, but the risk of confidential data falling into the hands of fraudsters always exists.

It is also possible that the data may disappear due to the fault of the state. There are many examples of underestimation of seniority by the PFR, and in the absence of sufficient seniority, a refusal to assign an insurance pension occurs, while not many citizens will live until the appointment of a social pension in connection with the ongoing pension reform. Recall that the retirement age for social old-age pension is set at 70 for men and 65 for women. The insurance pension will be received by women from the age of 60, and men from 65.

And one more minus of the bills being introduced for the employers themselves: it adds more reports to them and increases the responsibility for the regularity of the provided personnel information.

Conclusion

Answering the question whether paper work books will be canceled, we can say that most likely yes, they will. The government has been considering implementing these changes since 2017. Another question is how effective the ongoing reform will be. The transition to electronic personnel document management and its maintenance will be associated for many companies with significant resource costs, which may provoke further avoidance of employers from formalization employees in the state and the payment of gray salaries. On the other hand, the digitization of personnel data, provided that they are completely preserved, will simplify the procedure for confirming seniority when interacting with government agencies.

The abolition of work books has already been planned by Russian legislators, the only question is the timing - this will happen in the 17th year of our century, or already in the 16th. electronic systems. But will it be easier for personnel officers without labor? On the one hand, of course, it is easier - there are fewer documents to fill out, but on the other hand, the question is - how to confirm the work of an employee now? And what is the worker now without labor?

When will employment records be cancelled?

According to article 66 of the Labor Code, the work book has not yet lost its positions and remains the main labor document. Both organizations and individual entrepreneurs, until the article is canceled, will be required to start, draw up and store books in accordance with the norms of the law.

The start of the procedure for canceling the books is planned for January 2017 and, most likely, a big test of the GIT will begin . The following documents will be checked for compliance with the TC:

  • the books themselves;
  • orders for employment, transfers and dismissal;
  • settlement documents (personal cards).

Although this opinion of experts has not yet been confirmed by law, it is still necessary to prepare for inspections.

For your information

For the state, the abolition of books is not only the result of the modernization of the work of the Pension Fund, but also the desire to bring labor law to international standards.

And how will the cancellation of books affect the work of personnel officers?

Cancellation of labor - an aspect of the employer

Of course, there are positives associated with canceling books.:

  • less paperwork (lower staffing costs);
  • the responsibility for the delay in the issuance of labor and for incorrect execution is removed (fines are no longer terrible).

However, only from the work book it was possible to find out the personnel officer about the applicant's working life:

  • how often did he change jobs;
  • what did you quit for?
  • what grade is assigned.

Since the abolition of books, it will be possible to rely only on resumes and letters of recommendation. But in the resume, the applicant can lie, and the recommendations are not always objective. Only one thing remains: to request copies of dismissal orders from all places of work.

But these are exclusively internal documents of the organization and they may not be available to you. So it turns out that the boss will be forced to hire a subordinate without documentary evidence of his length of service and behavior at the previous place of work.

Employer doubts

You can, of course, accept everyone with a probationary period, but this is not a chance to reveal the “wrong one”. Besides probation may not be installed for everyone.

Aspect of the worker

For Soviet citizens, the loss of a work book carried with it the risks of being left without a pension or in establishing it in a meager amount! But today the Pension Fund maintains a personalized account of the length of service of employees. Accounting is structured in such a way that the pension affairs of all citizens are formed in the branches of the Pension Fund on the basis of regular reports from employers. And they reflect information about the length of service, salary, pension contributions. That is why the question arose about the need for further use of work books.

Note to future retirees

It so happened that at present the amount of an employee's pension depends only on the “what color” of his salary.

Employers in crisis conditions are trying to save on taxes, so most of the salaries are paid to employees not at all according to the white sheet. Whether or not to work according to this scheme is the decision of the employee only.

Yes and when applying for a pension, it will be easier: you will not need to run around all the previous places of work for information. And you won't have to restore the lost book either.

And, of course, the biggest plus is the ability to hide your “dark” past from a potential employer. However, such a cover-up is very illusory, since many employers will not want to hire a person with an unknown history, and methods of screening candidates are constantly being improved.

Conclusion

On a note

In no case will the cancellation of work books be heavy, the books will be in use, but gradually their registration will become optional.

Experts believe that labor will sink into oblivion in 2025. At the same time, it is important for both the state and the employer that there are guarantees of confirmation of the applicant's experience.

It is assumed that until all problems are resolved, and there is no worthy bill on the abolition of labor yet, Article 66 of the Labor Code will remain in effect.

Expert opinion worth listening to:

Based on the data in the work book (hereinafter also - Tkn), the right to a pension and its amount are confirmed. Also, this document can affect employment with a new employer, the appointment of benefits, etc. It is carefully stored throughout the entire working life. It is difficult to imagine how else to systematize and manage the information that is entered in the workbook. However, the recent draft law on the abolition of work books destroys the traditions that have developed over the years and raises the question: how will professional activity be recorded?

What is a workbook and why is it needed

This is perhaps the most important document on the employment and experience of a citizen. It is made in the form of a brochure with details, empty fields and columns for filling in ink.

Tkn is conducted by organizations and entrepreneurs (employers) on the main work. Information about the employee is entered if he works for more than 5 days.

The 2019 workbook contains the following information:

  • Full name, date of birth, education of the worker;
  • positions held;
  • dates of hiring and dismissal of the employee;
  • grounds for termination of the contract;
  • encouragement.

Information in the document is entered according to a strict pattern by personnel officers or the head of the employer.

During the period of employment, Tkn is kept by the employer. After retirement, as well as during a period of temporary unemployment, the document is kept by its owner - the worker.

What changes in legislation

On July 8, 2019, the Government of the Russian Federation submitted draft No. 748684-7 to the legislature. It is this standard it is planned to abolish paper work books.

The essence of the bill is to amend the Labor Code in articles 65, 165, 234, 394, 395, as well as the introduction new article 66.1.

The law comes into force on January 1, 2020. However, until January 1, 2021, technical and organizational measures are expected, including the preparation of by-laws, agreements and collective agreements, information base pension fund, etc.

The project has already passed the preliminary review and there is a firm belief that it will soon bypass all official procedures.

Therefore, there are prerequisites that soon books on paper will become a thing of the past.

What will happen instead of a work book

The new document will be called "Information on labor activity". It will be conducted personally for each citizen in electronic form. The issues of maintaining, updating, verifying the reliability and ensuring the safety of this information will be dealt with by Pension Fund. At the same time, employers will be required to provide information about their employees to the OPFR. The formats, frequency and methods of information transfer will still be specified.

As a result, this will lead to the cancellation of entries in work books. After dismissal (on the day of termination employment contract) a person will be issued an extract on his professional employment for this enterprise(date of admission and dismissal, position, transfers (if any), grounds for dismissal, etc.).

If on the day of termination labor relations it will not be possible to issue an extract, for example, the employee did not show up for work, refused to take it, etc., then this information in a certified form will be sent to the dismissed person at his postal address.

But the cancellation of a dismissal in the work book does not abolish the maintenance of other documentation, for example, an employee’s statement, an order for an enterprise to terminate a contract, etc.

Watch the video to see what will change in the work of HR and accounting department employees:

How to get employment information

You should not be afraid that data on workdays will be lost or maliciously not included in the "information on experience". The employee will have the right to control the accuracy of this data. To do this, any citizen at any time will be able to request the information of interest. It is enough to contact:

  • enterprise personnel department(if there is none, then to the accounting department or to the authorities). Within 3 days, the employer must issue an extract on paper or in electronic form (if the company has a digital signature and the employee has chosen this option). The extract will contain data only about work in this organization (IP);
  • Pension Fund. Information will be about all labor activity. They are presented in any form at the choice of the applicant;
  • MFC. Only a paper document is issued;
  • through State Services portal. Information is only sent to email citizen.

If there are errors or inaccuracies in the information provided, the citizen can apply to the pension fund with an application for an adjustment.

Therefore, it will be rational to carry out such reconciliations each time when changing jobs in order to control the length of service and dismissal records.

The further fate of paper books

over, for short term You can't bring everything to the same denominator. For a long time, two types of workbooks will coexist.

The legislator gives the citizen the right to choose which document will be in circulation (personally for him). The decision is made on how it will be more convenient for him.

In any case, during 2020, all employers must issue orders to abolish work books and introduce electronic records of seniority. And against signature, explain to the employee about these changes in legislation. And also about the right to leave the old-style book.

Otherwise (by default), the record of experience is converted into electronic format, and the books will be handed out.

And for those who start their professional path in 2021, only electronic documents about experience.

What are the benefits

As a public survey showed, 52% of the population want to introduce a new format while maintaining the old one, 21% - to leave only paper ones, 18% - to limit themselves to electronic ones only.