Regulations governing the introduction of corrections
When drawing up a work book (insert), correcting the specified information, you should adhere to the principle: you cannot make any corrections on top of existing entries, as well as cover up or cross out unreliable data.
The necessary amendments are made as follows: the erroneous entry is considered invalid, and the correct information is placed on the next line below, starting with the serial number.
Important
Maintaining and filling out work books, including inserts for them, must meet the requirements of the Instructions approved by Decree of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69, as well as the Rules approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.
What does the law say about canceling an entry in a work book?
The following are devoted to resolving the issue of incorrect entries in work books:
- section three of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225;
- section one Instructions for filling out work books, approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69.
First of all, it is necessary to understand that it is impossible to simply cross out or cancel an entry in the work book about work, transfer, award or dismissal. There is only one legal way to cancel it - invalidation by making an appropriate entry about it.
Making corrections to the section - Information about work - of the work book
Situation. When transferring a legal adviser from a sector to a department, the HR specialist made an incorrect entry in the “Work Information” section of the work book - she incorrectly indicated the job title. Then it turned out that the transfer date had been changed.
Based on the general requirement regarding the introduction of corrections to the “Information about work” section of the work book, such corrections must be made on the basis of an order (instruction) of the employer. And in exact accordance with its wording.
When changes are made to the work book
A limited number of people can make entries in the work book and correct them. Usually, in an organization, by order of the manager, a responsible person is appointed who is assigned these functions. The list of positions that can be appointed by order has not been established. Therefore, the manager himself has the right to appoint and vest such powers. Typically this is a HR or accounting specialist. In the case of an organization with a very small staff, the manager can make entries in the work book himself.
Errors are most often discovered during internal audits of personnel documents and then corrections are made by the responsible person. But situations are also common when a citizen discovers an inaccuracy after he has received the work book in his hands. Let's look at typical cases and what to do.
1. The owner of the work record book discovered an error in the information on the title page.
On the title page, according to the Instructions for filling out the book, it is possible to make only the following changes:
- related to changes in personal data (full name, date of birth). In this case, the original information is crossed out with one line, new information is written next to it, and a record is made on the inside of the cover about the document on the basis of which the changes were made. It is certified by the position of the responsible employee, the signature and seal of the organization;
- about education and specialty. In this case, the previous data is not crossed out, but the new entry is entered next to it. This addition does not require certification.
If a work book is being drawn up for the first time and an error is made on the title page, then such a form will be considered damaged and must be replaced.
2. The owner of the work book discovered an error in information about work or awards.
In this case, you should proceed as follows:
- submit an application to the organization that made the error in the entry with a request to make corrections;
- request from the organization where the citizen worked and whose employee made an incorrect entry in the book for clarifying documents (copies of orders, employment contracts, etc.). With these documents, apply for changes to the employer for whom you currently work;
- request copies of orders, employment contracts, extracts, etc. in the city archive, if the organization has already been liquidated and the documents have been deposited in the archive.
How and when you need to make corrections to your labor report in 2020
Corrections that an employer can make to the work books of its employees can be divided into 2 categories:
- The first of these includes corrections that need to be made when adding or changing the personal data indicated on the title page of the document.
- The second group includes corrections that the employer is obliged to make if he discovers an error in the sections “Information about awards”, as well as “Information about work”.
At the same time, it is worth highlighting as a separate group of grounds for corrections the employer’s discovery of an error in filling out the cover page of the work report. However, in this case, the employer must fill out a new form, and not correct the error!
According to the current legislation of the Russian Federation as of 2020, corrections are made in the following ways:
- Crossing out one line that does not interfere with the legibility of the record, followed by putting the correct information next to it.
- Recognition of data recorded in a document as invalid - by making an entry about it.
It is worth noting that the first of the above methods is used exclusively on the title page, and crossing out other sections on other pages is a gross legislative error and entails corresponding consequences (we will talk about them a little later).
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Who can contribute
The employee is not authorized to independently make entries (hereinafter also referred to as marks, inscriptions), correct or supplement them.
Introduction, modification or addition are carried out by the employer at the main place of work.
For these purposes, the head of the organization, by issuing an order, appoints a responsible person (usually a specialist from the human resources department).
After identifying the person authorized to make the appropriate adjustments, the citizen needs to identify a specific employer who has the right to invalidate the mark.
All necessary information is given in clauses 26 – clause 28 of the Resolution:
This is also important to know:
How to write a resignation letter of your own free will
What needs to be changed | Where to contact |
Full name, date of birth, add or change education, profession, specialty | To the employer at the current place of work, presenting him with the relevant substantial document - passport, birth certificate, marriage certificate or dissolution of marriage, etc. |
Incorrect mark contained in the “Work Information” or “Award Information” section | At the request of the worker - either to the employer who made this incorrect entry, or to the employer at the current (last) place of work. In the latter case, you need to provide an official document from the employer who made the mistake |
Incorrect mark if the employer who made it was reorganized | To the successor of the reorganized company |
An incorrect entry if the employer who made it was liquidated | To the employer at the current (last) place of employment, presenting him with an official document confirming the liquidation |
How to correct inaccuracies in a work book
In order to make adjustments to the work book or cancel a previously completed mark, you should adhere to the following algorithm:
- Correction of the employee’s personal data is carried out by the employer at the place of work where they were entered.
- Reliable information is entered only on the basis of original documents.
- In the event of a reorganization of a legal entity, the successor organization is capable of correcting an improper entry. In case of individual liquidation or liquidation of an enterprise, amendments are made by the current employer.
Methods for adjusting entries in labor records
If a mistake was made when drawing up a new labor document, then this document is destroyed (written off according to the act), and a new one is issued in its place. If there is an inaccuracy in a valid document, the error must not be covered up, corrected or erased. Let's consider options for correcting the work book of the 2019 sample, which is presented below. The correction is made by making a new entry after the erroneous one.
Correction by crossing out irrelevant information is allowed only on the title page and page 33 of the work book. The title page contains information about the owner of the document: full name, date of birth, education, specialty. Changing this information, including correcting the date of birth in the work book, is carried out by crossing out existing information and entering new information. The inside cover contains information about the document on the basis of which the entries are adjusted. They must be certified by the signature of the responsible person and the seal of the organization.
Errors when filling out the form for the first time
If an employee of the HR department makes a mistake when drawing up the cover page of a new form, then such a form must be destroyed, drawing up a report, and a new one must be issued. In accordance with clause 48 of the Rules, in case of incorrect filling out, as well as if the form is damaged through no fault of the employee, the cost of the damaged form is paid by the employer.
If an error was made during the initial design of the insert, it is necessary to replace the insert form with a new one in a similar manner, and destroy the incorrect one. The series and insert number entered in the work book are subject to adjustment. It is advisable to first fill out the insert, and then, after making sure that all the information is correct, enter its data.
An example of correcting an error on the title page of a work book
Below are examples of common errors introduced by a manager or HR officer.
Correction of date of birth
Blots and errors may be found in the date of birth, which is indicated on the title page. An employer who notices an inaccuracy or the impossibility of unambiguously interpreting any of the figures may cross out the date and make a correct entry above it. This right follows from clause 26 of the Rules for maintaining work books. In this case, on the back cover there must be a link to the document from which the date of birth was taken. This is a passport or birth certificate.
Fill date correction
The title page indicates the date of completion or opening of the work book. In it, a personnel employee most often makes a mistake at the turn of the years. For example, with the onset of the new year, when they have not yet had time to rebuild, they indicate the old year. Such a discrepancy can only be detected by comparing the first entry in the work book with the date on the title page.
It can be corrected by the employer who issued the work book, or he will issue a certificate for recording the movement of Labor Code forms. Only on the basis of such a certificate will the employer for whom the citizen currently works be able to make changes.
Changing the last name in the work book: sample 2019
Above we described how changes related to the employee’s personal data are made. When changing the surname, the old one is crossed out with a solid line and the new one is written next to it.
Information about the change of surname and foundation is entered on the inside of the cover. The record must be certified as follows:
- the position of the employee responsible for maintaining work records is indicated;
- the responsible person signs;
- the organization's seal is affixed.
Sample fix
The surname “Petrova” was changed to the surname “Sidorova” on the basis of a marriage certificate dated 04/20/2019 IV-MU N 123456, issued by the Kutuzovsky department of the Civil Registry Office of the Moscow Civil Registry Office HR specialist Kirillova Seal (Signature) | Coat of arms of the Russian Federation LABOR BOOK TC N 1594567 | ||
Surname | Petrova Sidorova | ||
Name | Anna | ||
Surname | Leonidovna | ||
Date of Birth | 23.04.1987 | ||
Education | higher professional | ||
Profession, specialty | jurisprudence | ||
Date of completion | 20.02.2019 | ||
Book owner's signature | Petrova | ||
M.P. | Signature of the person responsible for maintaining work records | ||
Nazarenko |
Rules for corrections and error options
The Rules of Maintenance and Instructions for filling out work books are required reading for every employer - they include a list of specific instructions on how to correct an entry in the work book in 2020. We suggest considering the main types of error correction below.
The entry is incorrect
If errors are detected in the record, the employer, in accordance with current legislation, can correct it only by recognizing the record as incorrect. This rule applies to information contained in the sections on employee awards and work.
You can invalidate an entry in one of the following ways:
- The employer puts a corresponding mark that such and such (the entry number must be indicated) entry is invalid, after which he is obliged to enter the correct data. Simply put, this correction is done in two lines that have different sequence numbers.
- One of the entries acknowledges the invalidity of the information and explains the reason. For example, you can write “entry No. 4523 is invalid because the employee was reinstated.”
Invalid entry in the work book
It is worth noting that in cases where the entry about invalidity is a separate line, the employer does not put anything in column 4 (grounds)! We also note that all records, according to the requirements of the legislator, must be numbered in chronic order.
The text of the entry was entered by another employer
In cases where an error in the work book was made by a former employer, corrections can also be made by the current employing organization. But, only on the condition that this employer has on hand all the necessary relevant documentation for such a correction.
For example, if an employee has an error in the grounds for dismissal from a previous job, you will need a copy of the order with the correct data, as well as a covering letter, in the content of which the former employer must describe the previous situation.
Important : The above-mentioned package of papers is more consistent with the rules of office work, although Russian legislation itself establishes that in this situation, the current employer must have an official document from the previous employer for correction.
If an employee requires a work permit in order to correct a mistake by contacting his former boss with this document, the issuance of the book must be formalized accordingly (the current employer draws up a corresponding receipt for receipt of the work permit). Otherwise, if the employee loses the document, responsibility falls on the organization that issued the work book!
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Correction of an error by the employer who made the entry after the dismissal of the employee
If the found error is corrected by the former employer, he must indicate the full name of his organization, and then recognize the invalidity of the entry, and then enter new information. In addition, the work record includes the signature of the person who is responsible for maintaining and storing employee work books and the organization’s seal.
Correction of an erroneous entry that was discovered after dismissal
You will not find this procedure in the legislation, but in 99% of cases the process must comply with the listed points!
Incorrect dates indicated
If the essence of the error is the incorrect date of transfer, hiring, dismissal, etc., the error is corrected in the same order. The entry is simply declared invalid, after which the correct revision is made to the labor record.
Making an entry in the work book about the invalidity of the hiring date
Incorrect order details
Inaccurate or incorrect order details are classified by the legislator as an error, and their correction occurs in the general manner.
Errors in employee award data
Errors found in the “Information about awards” section are similar to the types described above - they cannot be entered using strikethroughs! Therefore, if they are identified, the employer is obliged to invalidate the entry and then enter the correct data or cancel the entry with the obligatory indication of the grounds for cancellation (for example, entry number No. 2321 was declared invalid due to an error in it in the order for awarding the employee's full name ).
Replacing incorrect information on the title page of the work book
Sometimes it happens that an employee’s personal data changes, which, of course, is not an error, although it requires prompt correction. To do this, the employer must:
- Cross out the irrelevant entry with one straight line (so that it remains readable), and then write down the correct relevant information next to or slightly above.
- Make an appropriate entry about this on the cover of the document, indicating the documents that served as the basis for such correction.
Similar to the method described above, the incorrect date of birth is also changed.
If an employee changes his last name after marriage, his passport still serves as the legal basis for making the change. The thing is that information is entered into the employment record on the basis of the employee’s main identification document, but a marriage certificate is not one!
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A separate point worth highlighting is the specifics of correcting/adding data on your specialty or education. So, if an employee receives a second specialty or another education, the employer simply puts the new data separated by a comma, since obtaining a higher education does not “remove” the previously received secondary education.
Correcting errors in the work book insert
Most of the corrections and changes are made to the insert in the same way as for the work book. Moreover, if the data is changed on the title page of the main document, this procedure should be duplicated in the insert/inserts!
Invalid entry
As we mentioned at the very beginning of the article, a record may be considered invalid if it contains any errors. At the same time, the legislator himself does not establish a specific section for such errors, and therefore any entry containing an error must be considered invalid and must be corrected!
The errors in question can be either spelling or factual. For example, a previous employer could have made a typo in an employee’s position, and such a mistake must be corrected, especially if the presence of the specified position gives the employee some benefits (for example, the right to early retirement).
Changing the wording of dismissal
Wrong entry
If the entry was entered into the work book by mistake (it happens that the personnel officer simply got confused/tired and filled out another document), it must be cancelled. The erroneous entry itself will in this case look like this:
Entry No. 65291 was canceled because it was entered incorrectly.
How to cancel a dismissal entry in a work book?
How to cancel an entry: step-by-step instructions and a sample order.
It is not uncommon for an employee to decide to quit.
As required, in accordance with current labor legislation, he wrote a letter of resignation two weeks in advance and submitted it to management.
And now the manager has already signed an order to dismiss this employee at his own request; the HR department has already entered information about this into the work book.
Is it possible to cancel a dismissal entry in the work book? Is this acceptable?
In the employee’s work book, the employer (represented by the responsible employee of the HR department) enters information about:
- employee;
- work;
- awards for this employee.
The procedure for making adjustments to these sections is somewhat different and is established by special Rules and Instructions, which are approved by Decrees of the Government of the Russian Federation.
Cancellation of entering information about the dismissal of an employee is acceptable.
But for this there is a special algorithm and special rules. For example, you cannot simply take and cross out data that is no longer relevant (as well as records about a transfer, hiring, or awarding an employee)
.
In accordance with the laws governing labor relations, if an employee decides to terminate relations with a given employer and writes a statement about this, then within two weeks he may well change his mind and withdraw his statement back
. The basis for this is Article 80 of the Labor Code of the Russian Federation.
If the application is withdrawn by the employee, then they do not have the right to dismiss him, unless during this time a new employee (invited from the previous place of work in writing) who has already been transferred from another place of work has not come to replace him (Article 64 of the Labor Code)
.
Since an employee may still change his mind after filing an application for termination of employment, all dismissal documents are usually prepared at the last minute. But it is still possible that the employee decides to stay at his old job exactly the day before the two-week period expires.
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Regulatory legal documents regulating, in addition to the Labor Code, the issues of canceling erroneously entered information, are represented by the relevant Decrees of the Government of the Russian Federation on maintaining labor books
.
How to properly make a notice of dismissal invalid?
Firstly
, it is necessary to cancel the order to terminate the working relationship with the employee in connection with his dismissal by signing a new order canceling the previous one.
Secondly
, obtain from the employee a statement that he is recalling his previous statement in which he asked to dismiss him, and then take the employee’s application for termination of the working relationship with him and write on it that it is canceled due to the receipt of the application for his recall.
Third
, entries on the invalidity of information on termination of employment relations are entered into the book on the basis of an order to cancel the previous order. The entry on the termination of the working relationship is crossed out once, and the responsible employee of the HR department must sign next to it.
Cancellation of an unresolved termination of a working relationship with an employee is carried out like this:
- in column “1” you need to put a number that will continue the numbering in the book (next to the serial number of the previous entry);
- in column “2” you need to put the date on which the current entry is made;
- in column “3” an entry is made with the following content: “Entry No. ... is invalid,” and then a valid entry must be made;
- in column “4” they put the order number (this is the order on the basis of which the currently irrelevant information about the employee’s dismissal was removed).
An example of canceling a dismissal entry in a work book:
Ignoring the rules on filling out work books, including the rules on correcting invalid information in them, entails liability under Article 5.27 of the Code of Administrative Offenses for violation of labor legislation
.
The sanction of this norm involves issuing a warning to the person responsible for this violation or a fine.
If, for example, an employee of the HR department (official) is found guilty of incorrectly completing the cancellation of an entry in the work book, then the fine for him will be 1000 - 5000 rubles, and if an individual entrepreneur is found guilty, the amount of the fine will be the same; and if a legal entity (organization) - the amount of the fine will be 30,000 - 50,000 rubles.
Thus, the employer (represented by the personnel department employees) needs to carefully monitor how documentation relating to its employees is maintained, including work records
, how information is entered into them and how it is corrected if necessary.
Corrections after dismissal
If the entry in the Labor Code on dismissal is recognized as erroneous and subject to correction, the Instruction (clause 1.2) establishes the following procedure:
- In the first column the number of the new correct entry is entered.
- The second column records the current date of making the correct entry.
- In the third column about. The correct entry is made here.
- The fourth column records a document prescribing the correction of incorrect information.
Example of correcting a dismissal record
An error is often identified in the date of termination of an employment contract with a person who is already an employee of another organization. In this case, the citizen has the right to contact the new employer with a statement containing a request to correct the date of termination of the employment agreement with the previous employer (clause 27 of the Rules).
The correction is made according to the following model:
Sample correction in labor report
To avoid such corrections, a citizen should personally verify the correctness of the registration record upon dismissal.
Knowing the procedure for registering a Labor Code is important for every working citizen. Equally important is the employee’s timely monitoring of the correct execution of the Labor Code. This will help him avoid trouble in the future.
Violation of the procedure for working with a work book is fraught with big troubles for the employer: he bears both disciplinary and financial liability for errors in the Labor Code.
The article was checked by an expert: Anna Nefedova.
The work book is one of the documents that are filled out strictly in accordance with established rules. If there is an entry in the work book containing an error, corrections must be made.
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Otherwise, some period of work may not be included in the length of service or problems will arise during subsequent employment. Various types of corrections in the work book are also carried out in accordance with the requirements of regulatory documents. What does a sample correction look like for an entry made in error in 2020?
When can a work book be invalidated?
There are several situations when a Labor Code can be invalidated:
- errors were made during initial filling;
- pages are torn out of the document or they are glued together;
- the document number is blurred or unclear;
- the document contains information (words) not related to the employee’s work activity;
- clarifications in the sections “Information about work” and “Information about awards” are made by crossing out, covering with a proofreader, or in any other way not provided for by law.
In these cases, the employee can receive a duplicate document. All correct information is transferred to it; information about incorrect entries is not duplicated.
What can't be fixed
It is important to note that the dismissal record must be certified by the seal of the organization. If this was not done on time and further information about employment in another organization follows, then it will not be possible to correct it. It will be quite difficult to enter information about the person responsible for maintaining the book at the previous place of work.
Therefore, it is possible to confirm the authenticity of the dismissal record using a clarifying document. It must be requested from the organization that made the mistake. Otherwise, it will not be possible to confirm the period of work there.
Errors in the form of typos on the title page are quite difficult to correct, since there are indications that corrections and additions are made on the basis of documents. Therefore, many personnel officers decide to leave everything as it is, if the error is not critical. But then the citizen will subsequently have to prove that the document belongs to him. Therefore, the responsible person must fill out the title page as carefully as possible and let the employee review it.
Fact
Please note that a work book in which entries in the title page and information about the work are incorrectly corrected is considered invalid.
Responsibility for errors in filling out the form
Clause 45 of the Rules indicates the employer’s responsibility for maintaining, recording, storing and issuing employment documents. Management by order (or instruction) appoints a person whose duty will be to make and change records.
According to Art. 5.27 of the Code of the Russian Federation “On Administrative Offenses” No. 195-FZ dated December 30, 2001 (last edition of the document - April 3, 2018), violation of the current legislation entails a fine in the amount of:
- for officials - from 1000 rubles. up to 5000 rub.;
- for individual entrepreneurs – from 1000 rubles. up to 5000 rub.;
- for a legal entity – from 30,000 rubles. up to 50,000 rub.
You can avoid mistakes in paperwork by being attentive to the duties performed. Knowledge of the rules and basic legislative acts will protect you from fines and sanctions from the state.
Additional questions
The employee is asked to create a work book if he has another one
In rare cases, an employee asks to issue a new document if he already has a valid book. A few examples of employees who may want to create an additional form:
- a teacher who teaches classes at different universities;
- a doctor who sees patients in both private and public clinics;
- security guard employed at 2 places of work on different shifts
An employee can create several documents, expecting material benefits from different organizations. The law does not clearly prohibit such actions. However, it can be argued that only one copy is legal. Art. 282 of the Labor Code of the Russian Federation provides a clear definition of the concept of “part-time work”. Only one place of work can be the main one.
A citizen is listed as a part-time worker on the basis of an agreement with the organization. The Labor Code also guarantees support for citizens combining work with study, but only at their main place of work. One place of work is also taken into account in relation to benefits for workers in the Far North and hazardous industries. Information about part-time work is entered into the subordinate’s papers. The number of organizations in which a person can work part-time in his free time from his main job is not limited by law.
Registration of a duplicate
If an employee's book is lost, he must report it as soon as possible. The employer must issue a duplicate within 15 days from the date of application.
The duplicate includes:
- information provided at the last place of employment;
- data on total work experience before joining the staff
If the lost form contained a mark that was declared invalid, it will not be duplicated in the new copy. The total length of service is indicated in summary, without specifying the organizations in which the subordinate was registered and the reasons for dismissal.
A duplicate is issued if the employee’s book is lost or damaged. A duplicate may be issued if the original version contains an erroneous entry about the dismissal or transfer of an employee. In this case, erroneous information is not entered into the duplicate.
Errors related to information about past jobs must be corrected by the organization that made the mistake. If the organization is reorganized, the problem is solved by the successor. In the event of liquidation of the company, the correction is made by the responsible person at the current place of employment.
Information about the probationary period is not included in the list of employment of the subordinate, since the employee is not yet officially working in the company, and the law does not indicate the need to record such data.
When making notes, both the full and abbreviated name of the employer is written down in the document. If an error is made in the name of the organization (even if it concerns only the abbreviated name), a note is made in the documentation with up-to-date information.
According to clause 35 of the Rules, the seal of the organization, as well as the signature of the responsible person, certifies all records of this organization in the form upon dismissal of an employee. The owner of the work book signs each entry. The seal is also placed on the title page. If the stamp is placed upside down, this is not considered a violation. The notice of dismissal is made on the day the employee is dismissed. If a subordinate went on vacation before leaving the organization, the date of the last day of vacation (also the date of the last working day) is entered in column 3. The reason for dismissal must include a reference to the clause and article of the Labor Code of the Russian Federation.
Other information included in the form
Similar to information about work, column 3 of the form includes information about:
- taking advanced training courses, retraining and special training;
- receiving a new rank (category);
- part-time employment;
- the time spent in places of deprivation of liberty is not subject to offset in the total work experience;
- period of military service or service in internal affairs bodies;
- restoration of continuous service