Record of personal dismissal in the work book

Labor Code to help

In order to dismiss an employee in full compliance with the law, among other procedures, it is necessary to make a correct entry in his personal work book. However, you do not need to figure out on your own how to formulate this or that reason for dismissal; you should remember that the wording for all possible reasons for this is clearly stated in the Labor Code of the Russian Federation. When making an entry, you must indicate the number of the article, part, and also paragraph of the Federal Law - this is exactly the norm established in the article

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Procedure for filling out the document

The main part of this document is presented in the form of a table, which is divided into 4 columns. The Instructions regulate the following procedure for reflecting records in them:

• The first column indicates the record number in order. Continuous numbering is used throughout the document.
• The second column is divided into three parts. It is intended to indicate the date of the event about which the entry is being made. The date is entered in numbers in the format – 01/01/2010. In this case, the day is indicated in the first part of the column, the month in the second, and the year in the third.
• The third column reflects the basis and reason for terminating the contract with the employee. The personnel officer or the person performing his functions must refer to the number, part and paragraph of the article of the Labor Code of the Russian Federation.
• The fourth column is used to reflect information about the order that records the event.

Important! In the third column, under the basis and reference to the regulatory act, the personnel specialist and the resigning person put personal signatures. The employee thereby records the fact of his familiarization with the recording. If errors are made when providing information, this may be reflected in the future if legal proceedings arise.

Why do you need a work book and what information does it contain?

Before starting a more detailed conversation about records for reasons for dismissal, let’s consider why a work book is needed in the first place. As the law explains, a work book is an important document that allows you to calculate your total work experience, for example, for calculating a pension; contains information about education, and also informs employers about the merits of the new employee in previous places of work and the reasons for dismissal from there. The following must also be included in the work book:

• dates and reasons for the employee’s transfer from one position to another;
• information about hiring and dismissal;
• information about obtaining additional professions;
• messages about completed advanced training and retraining courses;
• part-time data;
• information about awards and achievements, etc.

If an employee has changed his last name or his name has changed while working for the company, this must also be noted in the work book.

At the same time, experts do not recommend making entries in the work book with details of penalties. Rare exceptions are those situations where a gross violation of some rules served as the basis for dismissal from office.

Now let’s take a closer look at the most common reasons for dismissals and the rules for entering information about this into the work book.

Rules for filling out work books in 2020

The main part of the document, which contains information about the employee’s employment, as well as his dismissal, is presented in the form of a table consisting of 4 columns. The execution of the Labor Code when dismissing an employee at his own request is as follows:

1. The first column indicates the serial number of the entry (in addition, “continuous” numbering is indicated throughout the document).
2. The date is entered in the second column. The month and day must be entered with a two-digit number, and the year - only with a four-digit number (for example, 02/06/2020).
3. The third column records the main reason and grounds according to which the employee is dismissed. Moreover, each of these reasons must be accompanied by a link to the article, paragraph and part number.
4. In the last, fourth column, the details of the order to terminate the employment contract between the employer and the employee must be written down.

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Under the listed grounds with references to articles of the current legislation of the Russian Federation (be sure to check whether this provision is in effect, whether it has been changed or excluded from the legislative framework), the personnel officer who fills out the work books puts his signature along with the signature of the dismissed employee, thus expressing your familiarization and agreement with all the listed points and reasons for dismissal. After this, the page must be certified with the corporate seal of the employer’s organization, if any.

We remind you that all data is entered into the document with maximum clarity and accuracy, because sometimes even a minor mark or blot can be the basis for legal proceedings in the future.

Entry into the work book upon dismissal of one's own free will in 2020.

Lawyers of the website “Legal Ambulance”, unfortunately, are increasingly faced with difficulties in formulating a notice of dismissal that personnel officers encounter. And this is not at all surprising. After all, in fact, in modern legislation there is no unambiguous, clearly defined position on the use of a certain version of this formulation.

For example, the same paragraph 3 of Article 77 of the Labor Code of the Russian Federation states: “termination of an employment contract at the initiative of the employee,” while the Instructions recommend writing “dismissal at one’s own request.” We are most inclined to the option “at the initiative of the employee”, because it is almost impossible to challenge it, since it is specified in the legislation.

At the same time, each of the phrases can have not only its own interpretation, but also a basis. Experts who are supporters of the word “dismissed” refer us to Article 66 of the Labor Code, according to which information about the actual termination of the working relationship between the employee and the employer is entered into the work book.

Important : Some lawyers in 2020 insist that, first of all, the wording of the article of the code, which is the primary act for the employer himself, which contains the words “contract terminated” and also “terminated”, has legal force.

There is another point of view, the supporters of which argue that since information is entered into the book on the basis of an order, the content of the information entered must correspond to its text. And, since the established form of this order is called “Order (instruction) on termination (termination) of a contract with an employee (dismissal),” we can conclude that all these concepts are identical to each other. Thus, it is permissible to use each of them.

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At the same time, in practice, the situation may develop in such a way that the word “dismissed” is entered inappropriately . For example, an employer does not have the opportunity to fire an employee due to his death, but can terminate the contract.

In addition to the above, today there are other options for recording the termination of an employee’s labor activity, which can be used by a personnel officer. Here are some of them:

• Fired;
• the contract is terminated;
• the contract is terminated.

Caring on your own - how to reflect it in your labor report

Oddly enough, it is precisely leaving work on a person’s personal initiative that most often raises doubts among novice personnel officers: what to refer to, what entry to make in the employment record in this case? Due to the fact that the Labor Code contains several articles suitable for this situation, there are several options:

1. first option: rely on . Then you should write something like the following: “In accordance with clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, the employment contract was terminated at the initiative of the employee.” This recording is not satisfactory;
2. can be formulated a little differently: “In accordance with clause 3, part 1. Art. 77 of the Labor Code of the Russian Federation, dismissed at his own request.” This possibility is indicated in

   
   (The instructions were specially developed and approved by the Russian Ministry of Labor).

In cases where an employee leaves a position on his own initiative due to reasons that allow him to receive some benefits, subsidies and other advantages, the personnel specialist must clearly indicate these reasons.

Among others, this may include child care if necessary until the age of 14, a certificate of transfer of a spouse to work in other regions, etc. If you have any questions regarding this point, you can read the article in more detail.

– a detailed explanation is given there.

Regardless of the reason that served as the basis for parting with work at one’s own request, after entering this fact into the work book, it is necessary to put the signature of the personnel officer, the signature of the employee with the inscription “acquainted”, as well as the seal of the enterprise.

When and how to make personnel records of dismissal

The list of grounds for termination of employment relations is clearly regulated by law and cannot be expanded. These include (Article 77 of the Labor Code of the Russian Federation):

• dismissal at the initiative of the employee - Art. 80 Labor Code of the Russian Federation;
• termination of an employment contract at the request of the employer – Art. 81 Labor Code of the Russian Federation;
• termination of cooperation by agreement of the parties to the employment contract - Art. 78 Labor Code of the Russian Federation;
• dismissal for reasons beyond the control of the parties to the employment contract – Art. 83 Labor Code of the Russian Federation.

Regardless of what circumstances caused the employee to leave, the formalization of termination of employment relations includes a number of stages common to all cases.

The basis for making a record of dismissal in a paper work book is an order to terminate the employment relationship.

Starting from 2020, employees can refuse to maintain a paper record book and use an electronic version of recording information about their work experience. At the same time, employers are required to submit such data electronically to the Pension Fund of the Russian Federation, regardless of whether the employee chose the digital option or chose to continue to reflect information about their work activities on paper. Therefore, upon dismissal, you need to fill out the SZV-TD form.

IMPORTANT!

From April 28, 2020, information about dismissal in the SZV-TD form is transferred to the Pension Fund of the Russian Federation no later than the following the date of dismissal (clause 1 and Decree of the Government of the Russian Federation dated April 26, 2020 No. 590).

The schemes for making an entry about dismissal in the work book and in the SZV-TD form are significantly different . However, in any case, the record must necessarily contain the wording of the grounds for termination of the employment relationship in strict accordance with the data of the order and the content of the articles of the Labor Code of the Russian Federation.

There are still ongoing debates about how to correctly write the wording of dismissal. More precisely, what words to start it with:

• “The employment contract has been terminated...” (Part 5 of Article 84.1 of the Labor Code of the Russian Federation);
• “The employment contract has been terminated...” (Part 5 of Article 84.1 of the Labor Code of the Russian Federation);
• “Dismissed...” (Part 4 of Article 66 of the Labor Code of the Russian Federation).

However, each of these approaches has a legal basis. Moreover, these formulations are identical in content. Therefore, the use of any of them does not pose any legal risks for the employer.

What to write in the labor report if an employee is transferred

As the main personnel document regulating the relationship between employer and employees states, in cases where an employee is transferred from one place of work to another, the basis for the transfer plays an important role. A transferred person can be:

• of one's own free will;
• by order of management, but only with consent.

The specialist at the former place of work must indicate one of these two points, while the personnel officer from the new job no longer needs to write about the reasons for the transfer. It is enough to confine yourself to a brief note that the employee was hired for such and such a position as a transfer.

Important! When making any records of dismissal in work books, you must strictly follow the letter of the law and avoid mistakes.
Quite often, HR department specialists, when recording information about dismissal, refer to Article 80 of the Russian Labor Code. But you need to remember that this article does not serve as a basis for dismissal. It only regulates the termination of a previously concluded employment contract between the organization and the employee. If a personnel specialist from a new job discovers this error in an employee’s work record, he will ask the person who made it to correct it. Thus, a small mistake can lead to unnecessary troubles and worries.

Submission rules

The main provisions are regulated by the “Rules for maintaining and storing work books, producing forms and providing them to employers”, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 and “Instructions for filling out labor books.
books”, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69. Before moving on to describing the wording and giving a sample of the dismissal record in the work book 2020, we will talk about the sequence of actions of the personnel officer. The work book must be issued on the last day of work, and he must sign the following documents:

• in the book itself (in this case he must decipher his signature);
• in the “Traffic Traffic Record Book”. book";
• in your personal card.

An entry in the labor record about voluntary dismissal in 2020, as well as for other reasons, is made after the relevant order is issued, and the wording must comply with the article of the Labor Code of the Russian Federation. Blots, corrections and abbreviations of words are not allowed. In the article we provide a sample of a dismissal entry in a 2020 work book for different cases. Basic details:

• serial number;
• date of;
• base;
• order data.

The entry made in the work book upon dismissal of one's own free will 2020, like all others, is certified by the signature of an authorized person, a transcript of his position and surname with initials, the seal of the organization (if any). Below we will show you how to fill out the form in various situations. We will provide a sample of dismissal at one's own request (entry in the 2020 employment year), by agreement of the parties and for other situations.

Dismissal by agreement of the parties

Sometimes, in order to finally part with an unlucky employee, employers resort to a rather neutral note with the wording: “Dismissed by agreement of the parties.” In this case, it is necessary to refer to

. It must be said that the Labor Code does not provide for any strict requirements for this kind of dismissals, but it is worth remembering that an agreement is possible only with the mutual voluntary consent of the parties.

In addition, in this case, the employee has the right to so-called “compensation” or, more simply, monetary compensation.

Retirement: correct entry in the work book

Sooner or later, all people leave their workplace due to retirement. Therefore, every personnel officer must know exactly how to make an entry in the labor record in these cases.

To begin with, it should be said that the dismissal of an employee in connection with an upcoming pension is possible only when a certain age is reached and only on the basis of his voluntary desire.

After the employee declares his will in writing and the management of the enterprise signs the order of dismissal from his position in connection with reaching retirement age, an entry can be made in the work book.

In case of dismissal upon retirement, you need to rely on the article. An employee, like a HR specialist, must put a personal autograph on the entry, and then it must be certified with the company’s seal.

Document delay

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Although the employer must issue the work permit on the last day of work, there may be a delay in its issuance. Due to some serious circumstances, it may be issued a little later.

Such reasons may be the worker’s absence from work that day (if, for example, he is sick or skips work). Then the employee is obliged to write a written statement asking to return the book.

This is important to know: Can a mother of many children quit without working?

If delivery in person is not possible, it is sent by mail to your home. In this case, the basis for such actions must also be a written request from a subordinate.

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In other cases, the employer does not have the right to delay delivery. If this happens - documents were issued untimely or not issued at all, management must be held accountable for such unlawful actions.

They will also be guilty if entries are made incorrectly.

It is very important for both the employer and the employee to know the reasons for termination of the agreement, how the pages are filled out correctly, as well as information about the delay in issuing the work permit.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:

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Other grounds for dismissal

As the Labor Code of the Russian Federation states, there are three most common types of grounds for separation from an employee: at the request of the employer, general, and due to circumstances beyond the will of the parties.

But, in addition to these grounds for dismissal, there are several additional ones. These include:

• declaring the enterprise bankrupt;
• making a decision by a legal entity to terminate an employment contract.

In these unpleasant cases, the work book must refer to the article

, and not on , and introduce formulations that correspond specifically to it.

Thus, before writing to the employment record of an employee about dismissal, it is advisable to check the Labor Code. All possible reasons for dismissal are indicated in it in different articles and described in detail. In order to save yourself and the person being fired from possible problems in the future, it is necessary to avoid mistakes and refer specifically to those articles that correspond to certain circumstances for parting with a former employee.

How to correctly fill out the Labor Code upon termination (termination) of a contract?

Below we will consider the main types of entries that must be made upon termination of an employment contract.

Due to retirement

Upon reaching retirement age, an employee has every right to retire. However, this is his voluntary decision: he can retire, or he can continue to work.

The law does not provide for any separate procedure for the dismissal of pensioners, therefore the general grounds for terminating an employment contract are used (Article 77 of the Labor Code of the Russian Federation).

If the employee decides to retire of his own free will, then the text of the entry must contain a reference to clause 3 of Art. 77 Labor Code of the Russian Federation.

Example:

“Dismissed at his own request due to retirement, paragraph 3 of Article 77 of the Labor Code of the Russian Federation. Order No. 6/U-11 dated January 23, 2020.”

Sample to fill out if you are dismissed at your own request:

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In case of dismissal of a pensioner at the initiative of the employer (for example, violation of labor discipline, liquidation of the company, etc.). In such a situation, the entry in the work book may look like this:

“Dismissed due to a one-time gross violation of labor duties - theft of someone else’s property at the place of work, subparagraph “d”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation. Order No. 3/U-2 dated December 24, 2020.”

At the initiative of the employer

In accordance with paragraphs. 4 hours 1 tbsp. 77 of the Labor Code of the Russian Federation, one of the grounds for terminating an employment contract with an employee is the initiative of the employer.

This may happen due to:

• liquidation of the company or reduction of staff,
• due to the employee’s inadequacy for the position he occupies,
• gross violation of labor discipline,
• evading the performance of their direct duties,
• if there are other circumstances.

An entry is made in the work book with reference to the relevant provision of Art. 81 Labor Code of the Russian Federation. For clarity, here are a few examples:

Example 1:

“Dismissed due to the liquidation of the organization, paragraph 1 of Article 81 of the Labor Code of the Russian Federation. Order dated May 5, 2020 No. 3/U-2.”

Example 2:

“Dismissed due to a change in the owner of the organization’s property, paragraph 4 of Article 81 of the Labor Code of the Russian Federation. Order No. 2/U-19 dated June 10, 2020.”

If fired under "article"

There is no such basis as dismissal under an “article” in labor legislation. In practice, this is understood as dismissal due to the guilty actions of an employee (one-time gross violation of labor duties - clause 6 of Article 81 of the Labor Code of the Russian Federation). These may include:

• evasion of one's direct duties,
• absenteeism,
• drunkenness at work,
• disclosure of an organization's trade secrets,
• theft of monetary or commodity valuables, etc.

Important! The specific wording of the entry in the work book upon dismissal under an “article” will depend on the nature of the violation committed by the employee.

Example:

“Dismissed due to a one-time gross violation of labor duties - absenteeism, subparagraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation. Order No. 23/U-1 dated March 13, 2020.”

Sample filling

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