When will work books be canceled new regulations. Myths and truth about the abolition of work books. Prospects for the abolition of work books. State view

Cancellation question work books is long overdue, since, starting from 2002, they ceased to be the basis for issuing pensions. It was planned to complete the digitization of these documents in 2006, 2012, 2017. However, they still have not gone away, and one can only speculate about the consequences of abandoning work books for the state, workers and employers.

Why does the government want to abolish labor

The work book is currently the only Russian document containing complete and reliable information about the position held by the employee and where he works. It also displays information about the reprimands and thanks that the employee received. The need for storage and the rules for maintaining a work book are determined by Decree of the Government of the Russian Federation No. 225, non-compliance with the provisions of which is punishable by penalties.

However, at the moment information about the length of service of employees is entered into the database of the Pension Fund of Russia. The information needed for this comes from the system. individual accounting contributions made by the employer.

Thereby You can confirm your experience even without having a work book in your hands, which means that it ceases to be functionally indispensable from the point of view of the state. For the entire state system, the rejection of this document is a significant advantage, since it allows:

simplify the scheme of pension accounting;
reduce the number of papers involved in various procedures;
reduce the cost of storing documents in the archive.

Also, an important point is compliance with international standards, which demonstrate the absence of the need to use a work book.

Is it beneficial for employers

In case of refusal to use a document confirming the activity of an employee at the enterprise, The employer receives a number of benefits:

reducing the costs associated with personnel records management(salaries to personnel officers, accounting and data storage);
reduction in the scope of responsibility (refers to the need to store, keep records and return the work book to the owner in case of dismissal of the latter);
getting the opportunity to optimize human resources.

However, there are also significant disadvantages:

Almost any unseemly information related to the previous job of the applicant can be hidden, which creates a false impression for the employer about the level of responsibility and preparedness of the potential employee.

These difficulties can be mitigated by:

conducting interviews;
accounting of documents confirming the fact that the employee has a certain education;
setting a probationary period;
urgency labor relations(this condition is prescribed in the contract when hiring).

However, it is often much easier to get acquainted with the entries in the work book.

Are there any benefits for employees?

For an employee, the withdrawal from the use of a work book is the deprivation of a document that can officially confirm his work experience. If the digital accounting system suffers from a failure, then all personal data may be lost, or will be changed, even if the electronic database is fully restored later.

In such situation take a long time to restore missing information by contacting a previous employer. The only thing you can count on in such a situation is the help of employees of the Pension Fund of Russia. Although it often turns out that this issue is resolved more quickly on its own.

Another significant point - the applicant has to rely on the good faith of the employer, which must make contributions to the FIU throughout the entire time of the employee's work. If for some reason he does not do this, then later it will be impossible to prove the fact that he has fulfilled his work duties and the length of service for this period.

There are two pluses that an ordinary employee of any organization can find in the planned changes: no need to spend money on acquiring a document and there is no paperwork when you retire(You only need to submit a special application). However, this requires that the entire system works flawlessly.

From a small business perspective

A feature of small business is the limited number of employees and the impossibility of maintaining a special personnel department (or even a separate personnel officer), whose task is to properly keep records. As a result, due to the lack of responsible persons, the risk is significantly increased:

delays in issuing a work book due to the fault of the company (as a result, the employer has to compensate for all the earnings lost by the employee during the delay);
incorrect filling of documents (this can be fraught with fines ranging from 5 to 50 minimum wages for officials and 10 times higher penalties for companies).

Therefore, despite the risk of receiving false information regarding potential new employees, representatives of small and medium-sized businesses, as well as some public organizations often advocate the abolition of work books.

How will the implementation

Initially, a system of work without work books need to try on small businesses where the staff will not exceed 15 people. If this innovation does not cause difficulties and even reduces the resource costs for storing and maintaining work books, then over the next few years they will be abolished everywhere.

Necessary and significant information will be entered into electronic databases by employers through personal accounts on special sites. Viewing the data will be available to the employees themselves, so the work book will simply acquire a more convenient and modern electronic form.

Important! Those who came to Russia for permanent residence from neighboring countries are strongly recommended to acquire a pension insurance certificate, otherwise it will be difficult for them to get a “decent” job later (if labor is canceled).

After that, their seniority will be converted and indexed as necessary, like all citizens of the Russian Federation.

Why has nothing changed so far?

There are several explanations for this:

information contained in work books is too valuable (its loss can lead to a number of problems related to pension accruals, job changes, dismissal, etc.);
the cost of converting the necessary data into digital format would be too high;
agreement between supporters and opponents of the innovation has not yet been reached.

Russians have the opportunity to create petitions on a special website, which, if there are enough votes from other citizens, can be considered by the State Duma. Documents reflecting opposing positions regarding the issue under consideration here have appeared on this resource for quite a long time. From which it became clear that the largest part of those who voted are opponents of work books, but their signatures are still not enough to attract sufficient attention from the responsible authorities (only five thousand out of the required one hundred).

Based on these data, it can be judged that few ordinary citizens really care about the fact of the presence or absence of a work book.

What is the suggested alternative?

In the event of a real cessation of the use of books, it will be necessary to conduct a thorough check of all papers of enterprises for compliance with the requirements. This will analyze the content:

labor themselves;
orders for hiring or dismissal;
accounting data for each employee.

will also it is necessary to establish a transitional period (duration of at least 10 years), during which the documents will be brought into line with each other. At this stage, you will have to spend a lot of time and effort, but this is not the main problem: with the actual cancellation of the work book, you must have another valid way to confirm the length of service.

As an alternative to the document being withdrawn from use, it is planned to use labor contract, however, at present current form it is too easy to fake, so if data is lost, this paper may not be accepted as sufficient evidence. In such a situation, restore all the necessary information and its validity can only be confirmed in a judicial proceeding..

The situation may change if new rules for the execution of an employment contract are established, which will ensure its maximum protection against possible falsification. In this case, to confirm the length of service, you will not need to apply to the Pension Fund or the court.

Despite the existence of an initiative to cancel work books in previous periods, the time for its implementation has not yet come, due to the presence of a significant number of shortcomings and unresolved issues. However, in the near future, the picture may change significantly if the citizens of the Russian Federation demonstrate a greater interest in this issue.

In this video last information on the abolition of work books in Russia.

Since 2002, the value of the work book began to decline. When assigning pensions and benefits, the state began to be interested only in insurance experience, which is not included in this document. And even then they began to call it "Soviet anachronism", predicting that the familiar crust would soon be forgotten. Such conversations continue today, but the work book is still necessary document upon employment. Therefore, for working citizens and pensioners, the question is relevant: will work books be canceled, and what is it planned to replace them with.

Officials' plans

The work book from the end of the 30s of the last century is the main document confirming the experience and professional achievements worker. Its purpose is fixed in the Labor Code (Article 66). But officials seriously decided to abandon this document. At least in paper form. They are going to implement their plans in stages.

The cancellation of work books did not occur in 2018, although there was a lot of information in the media that their electronic counterparts would begin to be used immediately after the onset of 2018. In particular, it was announced last summer by Deputy Prime Minister Olga Golodets, speaking at the St. Petersburg Economic Forum.

It was expected that at first the reform would affect small organizations employing no more than 15 people, and then larger firms would join it. However, May is already expiring, and neither the Labor Code nor the Rules for maintaining work books (Government Decree No. 225 of 04/16/2003) significant changes not yet entered.

Faced with certain obstacles and criticism, Ministry of Labor officials somewhat pushed back the deadline for the gradual abolition of work books. It is now scheduled to launch from January 2020. This date, in particular, was called Lyubov Yeltsova, Deputy Minister of Labor and Social Protection. However, it is possible that this period will be postponed.

Electronic alternative

When work books are canceled in Russia, electronic documentation will come in their place. What will be its format is still unknown. Most likely, it will be a digital database, similar to the one that is being formed by employers today - for reporting to the Pension Fund. But additional columns will appear in it, where they will record the length of service of the employee.

While the system is being tested, its work is being debugged, they want to provide citizens with special plastic cards, which they will begin to present when applying for a job. On them, in addition to passport data, TIN numbers and insurance certificates, it is planned to enter information about labor activity card owner.

Employee and employer concerns

Far from all citizens and employers, the transition to electronic work books seems necessary and safe. Even the Minister of Labor and Social Protection Maxim Topilin noticed that this project is artificially lobbied and is not relevant either for organizations or for workers.

Critics of digital innovations, not without reason, believe that the abolition of paper-based work books can have negative consequences:

the burden on employers will increase (for example, funds will be required to purchase software, training of personnel officers);
there may be a system failure or a deliberate virus attack that will destroy the data or make it unreliable;
employees will have to control whether the employer makes contributions to the Pension Fund for them, that is, whether they have an insurance period;
it will be more difficult for the employer to determine the “value” of the future employee, for example, to find out if he was fired from his last job under the “article”, whether he had gratitude, etc.

But whatever the fears, the abolition of work books in Russia is inevitable. Despite the ambiguity of this action, the state will strive to maximally, if not completely, digitize the workflow. However, the process of introducing electronic labor books throughout the country will be delayed for several years, since workers and employers are not yet ready for it either technically or “morally”.

Rumors about the upcoming abolition of work books in Russia are heard in the press and in in social networks not the first year. Against the background of constant and unsystematic changes in the legislation on pensions for citizens, the abolition of the use of work books does not look like a tempting prospect. In the summer of 2018, real prospects for the further use of work books in Russia were finally announced.

History of the work book

The work book is an official document that records information about the places of work of a citizen throughout his life and career. The French have known such accounting papers since the end of the 18th century, they also came up with its current name for the work book. This document was introduced in order to reduce the number of vagrants in the state. In the Soviet Union, the so-called labor lists were first used, which were adopted to replace the service records used in the Russian Empire before the revolution. Service records took into account the employment of only certain categories of citizens, and a modern worker is required to have a work book, regardless of the type of activity. With the use of this document, the size of the future pension of a citizen is determined today.

The work book is traditionally started at the first place of work. V Soviet time even studies at a university could be counted as work experience, provided that before entering educational institution the citizen has already managed to work somewhere at least a little. Today, the time spent on acquiring a new specialty is no longer considered seniority.

Throughout the entire period of work in a particular organization, the employee's work book is stored in the personnel service of this company, since this document is supposed to record any changes in the status of the relationship between the employee and the employer. Information on promotion or demotion, on the issuance of thanks or penalties to the employee is entered into the labor record. All entries made in the work book must be drawn up in accordance with the specific instructions specified in the Labor Code of the Russian Federation. An employee can receive his labor in his hands only upon dismissal from the company. When applying for a new job, the employee is obliged to provide this document to his new employer.

The work book has been used since the times of the USSR

Prospects for the abolition of work books in Russia

Rumors that work books in Russia are about to be canceled have been disturbing the minds of fellow citizens for more than a year. For example, experts from the Ministry of Health and social development Russian Federation demanded the abolition of work books in Russia back in 2011 and, as an alternative, offered a transition to an employment contract. At the end of June 2018, concrete changes were finally announced at the state level in the field of application of work books. From the beginning of 2020, along with paper labor, electronic ones will also come into effect. Information about the work experience of working citizens will be contained in a single state database. For some time, paper and electronic work books will duplicate each other, but it is expected that after a while the paper work will still become a thing of the past.

Video: abolition of paper work books

Pros and cons of canceling work books for the employee and the employer

We are not yet talking about the abolition of work books as such, it would be fair to talk more about changing the data storage format. In such changes, one can find both pluses and minuses for each of the participating parties.

On the one hand, the employer gets the opportunity to access a single database of employees with the maximum guarantee that not a single fact from the candidate’s work biography workplace will not be withheld or deliberately altered. It is convenient for the employer. On the other hand, workers under such circumstances completely lose the right to make a mistake. If a paper labor record with an “uncomfortable” record in it could be “lost”, and the document could be restored in the form in which you want, then with e-book such focus will not work.

However, in changing the form of storing information about work, there are advantages for employees. Today, more and more people work remotely, so it is not uncommon for an employee to live, for example, in Leningrad region, and his employer keeps an office in Vladivostok or vice versa. Now, with official employment, a paper work book has to be sent by courier or postal services, which is associated with additional risks, because the parcel may be lost through negligence or due to unforeseen circumstances. If a document is lost, it is the employee who will have to deal with its restoration, and this is a very long and not the easiest job. If employment information is transmitted online, remote employees will only benefit.

Maintaining work books in electronic form will allow employers to somewhat facilitate document management at the enterprise, since information about the employee needs to be entered into the database only once, and in the future you can simply supplement them. Employer security services will be able to screen potential employees faster using sophisticated database navigation. The risks of losing electronic data on a particular employee are reduced to zero. Of course, on the other hand, some costs will be required to train employees to work with the new system.

Among the benefits that, according to the legislators, the employee will receive from the introduction of electronic labor, are the following:

no need to personally pick up the book upon dismissal;
the ability to influence unscrupulous employers who evade paying contributions to the FIU;
the ability to enter information about courses taken and certificates received into the database.

However, if erroneous information about an employee suddenly enters the database, it can be difficult to correct it.

Video: the pros and cons of work books

The use of a work book has long become common among Russian employers and employees. Over the years of applying this document, certain rules have been developed, the observance of which allows both employees and employers to receive the necessary information. With the introduction of new standards, certain changes will also come to the practice of using work books. The test period, which will begin in January 2020, will show whether the expectations of legislators will come true and whether the introduction of a single electronic database will facilitate the fate of labor market players.

A work book is a document in which records are made about the work experience of an employee. A little less than 100 years ago, the work book was approved in the USSR as a document confirming the work experience of a person and giving grounds for assigning a pension from the state.

In 2002, the need for a work book to receive a pension was abolished, which gave some employers grounds to register employees for work under an employment contract without making entries in the work book. For several recent years The government of the Russian Federation is actively considering the need to abolish paper work books as an outdated way of storing information about an employee.

Law on work books

The need for the employer to store and maintain employee work books is regulated by Decree of the Government of the Russian Federation No. 225. The Resolution describes the procedure for storing, maintaining, making entries and changes in work books, as well as the procedure for issuing a document to an employee after dismissal.

Each employer, in accordance with the current legislation of the Russian Federation, must store work books of all employees in a special safe that is not accessible to unauthorized persons, regularly, as necessary, make new entries in the book about changing the position of an employee, issuing thanks, reprimands, etc. For non-compliance with the procedure established by Decree No. 225, penalties are provided.

New bills are designed to eliminate the need for the employer to store and maintain employee work books.

Reform on the abolition of work books

History reference

For the first time, work books were introduced in 1918 by the Labor Code of the RSFSR, in which, in Art. 80 it was stated that every worker is obliged to have a work book, while this article had an appendix regulating the procedure for maintaining work books. Then, by the Decree of the Council of People's Commissars of the RSFSR of 05.10.1918 "On work books for non-workers", instead of identity cards or passports, work books were introduced for certain categories of citizens who were considered non-workers. This document also provided the form of a work book.

Employment books will be canceled in 2017 for enterprises with fewer than 15 employees. If the changes allow employers to spend less resources on maintaining and storing documents and at the same time do not lead to difficulties in accounting for the insurance period of employees, work books will be completely abolished in the next few years.

Cancellation of work books is possible due to the creation of all-Russian electronic databases, where information about all officially employed employees will be entered. On one official site will be created online cabinets for all employers so they can track and make changes. Using their own personal information and an access password, employees will also be able to view all the information available to them, so the cancellation of work books in 2017 will actually lead to a more convenient electronic form labor documents.

Today, there is no need to store work books to confirm the presence of work experience. When determining the amount of an employee's pension, only his insurance period is taken into account, which is confirmed by information on accruals to the insurance fund and tax office. An employed person must have his own insurance account, to which the employer monthly transfers the funds provided for by law, which affect the size of the employee's future pension.

In connection with the economic transformations in our country, the question of the abolition of work books as a relic of the Soviet past was raised repeatedly: during the reform Labor Code RF in 2006, then in 2012, but these initiatives were not legislated. Discussions on this issue continue to this day.

Positive aspects of the reform

Labor books are not used today in most progressive countries of the world. Use of a single electronic database - international standard which has stood the test of time in many countries. In addition, many employers will be able to reduce the cost of storing documents, because employee work books must be stored in safes or in warehouses that can be used for other purposes.

With the cessation of the need for constant demonstration and verification of work books, document flow will be simplified. Now employers will be able to limit themselves to monthly transfers to the tax office and reports, which will save working time.

About the cancellation of work books, see the video

Negative aspects of the reform

History reference

Decree of the Council of People's Commissars of the USSR dated December 20, 1938 N 1320, from January 15, 1939, work books of a single sample were introduced throughout the entire territory of the Soviet Union. In order to improve the procedure for maintaining work books in 1973, by the Decree of the Council of Ministers of the USSR, the All-Union Central Council of Trade Unions of 09/06/1973 N 656, a new form of work books was approved, which lasted until the end of 2003. "On work books" approved new forms of the work book and an insert in it for all categories of workers, which are still valid.

The information specified in the work book is not taken into account when calculating the pension, but the document is still required in the employment process. Due to the fact that information about all thanks and reprimands to the employee is entered in the work book, the reasons for previous dismissals, future employer could learn a lot of necessary information about the employee from the designated document. Now the employer will learn all the necessary information about the employee from the resume and recommendations.

After the cancellation of work books, the employee will be able to hide information about reprimands and the reason for dismissal from the previous job at his discretion, but a prudent employer will be able to make inquiries on his own if necessary. In addition, unscrupulous employers will no longer be able to threaten employees with dismissal under the article and negative entries in the work book.

Despite the active discussion of the issue, it is still not clear whether work books will be canceled in the Russian Federation. The law on the abolition of work books for enterprises with a staff of up to 15 people has not yet entered into force, and a complete rejection of the document is planned only in a few years. After the complete abolition of work books, their documentary alternative will be employment contracts that are drawn up upon employment.

Ask questions in the comments to the article and get an expert answer

It is planned to exclude other outdated requirements from the labor legislation. According to Ivan Shklovets, deputy head of Rostrud, they will "reduce" by-laws, the implementation of which is costly, and the result is not obvious. It is, for example, about the obligatory maintenance of a vacation schedule. If this proposal is approved, then the employer will be able to draw up lists only for his own convenience, but no longer provide them to labor inspectors during verification.

This will make life easier not only for personnel officers, but also for the employees themselves. If during the year they want to change the dates of their vacation, then for this they will not have to run with a statement from boss to boss, collect signatures and put seals, it will be enough to verbally coordinate their plans with the head of the unit.

However, it will not be possible to completely abandon the vacation schedule, Natalia Polikarpova, head of the personnel department of a large publishing holding, explained to RG. It still needs to be completed by December 25th. The organization itself is interested in this, so as not to stall the work process and distribute vacation payments throughout the year.

Another obsolete requirement of labor legislation is the procedure for maintaining, accounting and storing work books. Quite strict conditions are now prescribed: books must be stitched, numbered, and sealed with a wax seal. But such a seal in our time can only be found in the mail. The employer needs to separately order its manufacture, approve it by a special order, and bear additional costs.

"Just imagine, in our age information technologies I have to light a candle and melt a piece of sealing wax on it," Polikarpova said.

Are workbooks really necessary? At micro-enterprises, for example, the government has proposed abolishing their mandatory registration. In this case, upon dismissal, an entry on the date of termination of the employment contract, as well as on the basis for its termination, is made in the employment contract, the explanatory note to the document says.

But if you still decide to issue a book, then if you wish, it can be stored at the employee's home.

In the future, this rule can be extended to all companies, regardless of the number of employees, experts are sure. “Employment records have long become an excessive requirement of the personnel process,” the head of the personnel department is sure. “We have long had all the data on employees in in electronic format, in the same form we have been sending them to the Pension Fund of the Russian Federation for a long time. And we prescribe all changes in positions and salaries in employment contracts.

Traditional work books are clearly outdated, HR departments have been keeping records in electronic form for a long time

In the meantime, the Ministry of Labor has repeatedly stated that they plan to convert work books into electronic form.

What else is planned to be abolished? In terms of briefings on labor protection, it is proposed to exclude the requirement to keep an introductory briefing log and include a record of its passage in the employment contract.

Part 6 of Article 136 of the Labor Code of the Russian Federation, which establishes the documents where the days of payment should be indicated, also requires clarification. wages. To date, these are three documents - internal labor regulations, a collective agreement, and an employment contract. Rostrud's proposal is to leave this information in one document of the employer - in the internal labor regulations.

At the same time, it is also necessary to increase the efficiency of the work of the labor inspectorate itself, to create a unified automated system management of control and supervisory activities.

To identify outdated and redundant requirements of the Labor Code of the Russian Federation, a working group was created under the leadership of the Ministry of Labor. And by the end of this year, she will prepare a report to the government with her proposals.

A comment

Alexander Safonov, Vice-Rector of the Academy of Labor and Social Relations:

He has long called for a rule to be introduced for employees of small enterprises, according to which work books could be kept in their hands. On the one hand, individual entrepreneurs without education legal entity and other small businesses find it difficult to comply with today's bureaucratic requirements for the storage of work books. On the other hand, the workers themselves are at risk: after all, there are cases when small employers suddenly disappear, and people end up not only without a salary, but also without documents.

As for the vacation, in order to send an employee on vacation, an order is enough, which is still approved by the employer. The main thing is to let people go. The employee has the right to leave six months after employment, and he must go on vacation no later than 11 months later. Of course, large employers with hundreds or even thousands of employees need a vacation schedule so that they don’t break manufacturing process and there were no conflicts in the team. But in this case, the schedule could well be transferred to the category of internal non-binding documents.

What other documents should be abandoned in the field of labor legislation? It is worth reviewing the numerous industry documents related to wages and developed back in the Soviet years for certain industries and professions - tractor drivers, metallurgists, and so on. All of them continue to operate, because they have not been canceled. And they cause a lot of controversy. For example, industries have disappeared from us, and species have appeared instead of them. economic activity Thus, when interpreting documents, nuances arise.

We need a revision of these documents, which should be carried out by trade unions together with employers. Perhaps it would be worthwhile to create working groups with their participation, which would assess the feasibility of a number of Soviet documents. And those of them that ensure the preservation of guarantees for special working conditions should remain. And those that are not related to guarantees could be canceled or transferred to the jurisdiction of specific companies. But this must be done very carefully, with a transitional period, so that the process goes smoothly.

The final list of "unnecessary" documents should eventually be submitted to the Russian tripartite commission for the regulation of social and labor relations.

Health

Employers think about the psychological comfort of subordinates

More than 40 percent of Russians experience stress in the workplace. And in Western Europe - 36%.

And stress at work not only adversely affects the health of the employee, but also hits the pockets of employers. The fact is that in a state of stress, people work much worse and less efficiently, or even formally attend work, more often become victims of accidents, get sick. The losses of companies because of this, for example, in Australia amount to 5.3 billion Australian dollars a year, in Germany - 29.2 billion euros, in France - 3 billion euros.

There are no similar calculations for Russia. Moreover, in the list of occupational diseases there is no mention of stress and its consequences. Accordingly, there are no specialists in our country who could establish causal relationships between nervous experiences and deterioration in physical health. Our country is just beginning to move in this direction.