New rules for employment records from July 1, 2018
On July 1, 2018, a new standard is put into effect, defining the procedure for certifying workbooks in the territory of the Russian Federation. And, despite the fact that the proposed GOST is only advisory in nature and enterprises are not obliged to apply it in their practice, standard developers advise to issue copies of employment records in accordance with the new rules, as they are clear to those who issue such documents (companies, organizations, enterprises, etc.), and those who receive them (employees).
For what purposes can a certified copy be issued
In accordance with the norms of the relevant legislation, the employee has the right to contact his employer to obtain a certified copy of the workbook, without explaining for what purposes it is needed. As a rule, such a document is required by commercial banks when issuing loans (to make sure that a client is paying) or by social security authorities when deciding whether to grant benefits or benefits.
After an employee applies, an employer must, within three working days from the moment of accepting a written statement, issue him with a certified copy, which is provided for in Article 62 of the Labor Code. In case of violation of the deadlines, the employee, guided by Article 5.27 of the Administrative Code, may apply to the Inspectorate, which may penalize the offending employer.
If an enterprise refuses to issue a document, thereby exceeding its authority, the citizen can also apply for help to the Prosecutor’s Office, citing violation of their rights and legitimate interests.
In some cases, this document may be required by the employer. For example, if he plans to receive reimbursement for previously paid benefits. When contacting social insurance, workbook data is used to confirm the work experience, which is necessary to calculate the amount of the benefit. And although this is not a prerequisite for receiving compensation for dismissed employees, as indicated by current court practice, it is better to keep copies of their employment records so that you do not have to dispute the amount of compensation paid in court or search for previously dismissed workers to obtain the necessary information.
New rules for employment records in Russia from July 1 do not change the procedure for the implementation of such a procedure: before assuring a copy, you should check whether the official who signs the document is given such authority. And the personnel officer must reconcile with the documentation in order to make sure that the book contains all records of transfers and other nuances of professional activity. If the discrepancy is revealed after the copy is certified, it will be considered unreliable, and you will have to re-do such a document (it is not allowed to enter new information into the copy).
The new rules on employment records that came into force on July 1 do not change the procedure for their certification, which is carried out in accordance with the previously approved GOST R 6.30-2003. Proceeding from his requirements, the signature of the witness must contain the following elements:
- the word "True", the phrase "Copy is true" or an arbitrary word form of a similar meaning;
- indication of the position of the employee who certifies the document
- handwritten signature of the witness and its full transcript (indicating the position held by him);
- date of signing.
If at the time of providing the copy the citizen is employed by the employer, then such information can also be indicated during the certification. An exception is possible only if in the coming days he will be dismissed forcibly or voluntarily.
If the document will be transferred to another organization, in accordance with the requirements for employment records, from July 1, 2018, an entry should be made about where its original is stored at the time of the provision of the duplicate.
The issued document is not subject to registration as outgoing correspondence.
Where is the original
Guided by clause 5.26 of the current GOST R 7.0.97-2016, when certifying a booklet, an authorized person must indicate not only the place of storage of the original (name of the employing company), but also state the details of the case in which this document is stored. But such a requirement is not relevant for SMEs that have a limited staff and work without a personnel department. They prefer to keep workbooks in safes or fire cabinets, access to which is open only to certain officials (this is not a violation of the law if the security of the storage of originals is ensured).In this case, when certifying a copy, only the full name of the organization, which is responsible for the storage of strict reporting documents, is indicated.