Who should make an entry in the work book and sign when dismissing the inspector of the personnel department, who exists in the organization in a single person? Who signs the work book upon dismissal of the director

We had only the head of the personnel department. He is currently retired. There are no more personnel. Who should sign work books and others personnel documents: CEO, Chief Accountant? If the CEO leaves, who should make an entry in his work book and sign? There is no staff member. Employees have a responsibility to maintain personnel records not assigned?

By general rule upon dismissal of the head, an entry in his work book is made by the employee who is entrusted with the duty to maintain work books. There are no official clarifications on whether the manager himself can make an entry in his labor if the responsible employee is not appointed. Therefore, before dismissal, the manager should issue an order and assign the responsibility for maintaining work books to one of the employees.

The rationale for this position is given below in the materials of the Glavbukh System

1. Situation:Who in the organization should be responsible for accounting, maintaining and storing work books

AT big company The HR department is usually in charge of maintaining work books. In a small organization, due to the lack of an appropriate special unit, accountants, secretaries or other officials can do such work. The appointment of a person responsible for working with work books is issued by order of the head of the organization in free form (clause 45 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). If there is no one to entrust the maintenance of books, then the head of the organization is considered responsible for accounting. *

When changing the person responsible for working with work books, transfer work books according to the act of acceptance and transfer of cases. At the same time, in the act, indicate not just the number of books, but list their actual composition (names of owners and details). The act must be certified with two signatures - on the one hand, indicate the position and surname of the person who accepted the documents, on the other hand, the handed over. When revealing the facts of the absence of some work books, draw up an act in which indicate the reasons for their absence.

Ivan Shklovets

2. Situation:Who should certify records in work book upon dismissal of an employee who was entrusted with the duty to maintain work books

As a general rule, when an employee is dismissed, all entries made in his work book certify:

• the signature of the employer or the person responsible for maintaining work books;
• the employer's seal;
• signed by the employee himself.*

The legislation does not directly indicate who should make entries about dismissal in the work book of an employee who is entrusted with the duty to maintain work books. In practice, organizations do the following. The employee responsible for maintaining work books certifies the entries made in his work book himself: on the one hand, as a representative of the employer, and on the other hand, as physical person- employee.

Meanwhile, such a procedure for certifying records is not entirely correct, since it does not allow the employer to verify the correctness of the information entered in relation to the employee about his labor activity.* Therefore, to avoid labor disputes entries in the employee's work book are recommended to be certified by the signature of the head of the organization. In addition, in connection with the dismissal of the employee responsible for maintaining work books, the employer may appoint another responsible person by order. In this case, the entries in the work book of the dismissed employee have the right to certify the newly appointed person responsible for maintaining the books.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

3. Article:Dismissal of the CEO

Entry in the work book

In the work book, the grounds for termination employment contract(column 3) must correspond to the content of the order.

For example, “The employment contract was terminated due to the presence, through the fault of the manager, of overdue accounts payable in excess of the cost net assets, paragraph 10 of the employment contract of March 15, 2010, paragraph 3

Or “The employment contract was terminated due to the adoption by the board of directors of Zapad-Stroy LLC of a decision to terminate the employment contract of September 1, 2011, paragraph 2 of Article 278 of the Labor Code of the Russian Federation.”

The filling rules are based on Instruction No. 225, which gives detailed instructions on the rules for making entries. According to them, it is required:

1. put the serial number of the entry being made.
2. Indicate the date: day, month, year when the owner of the book was fired.
3. Make a record of the termination of work, indicating the reason and with reference to the relevant article of the Labor Code.
4. Indicate the grounds for making the entry (details of the order).

After filling in the column - certify the entered information with a signature and seal.

Document signature

Should an employee sign a labor contract upon dismissal? The signature must be mandatory.

Since labor is a type of unified document, it is permissible to apply the norms of GOST 6.30 (ed. 2003) to it. Who signs in the work book upon dismissal?

According to those an administrative document is provided with signatures:

• leader;
• authorized person;
• employee.

It is considered ideal when all three representatives signed. However, in practice, everything becomes more complicated for a number of reasons. For example, the document is filled out on the last working day, since the employee has the right to withdraw his resignation letter the day before. On this day, the employer may be absent from work.

Also, on the last working day, the employee may be on vacation, in a medical institution, retiring due to disability. Or - not to appear, quitting for absenteeism. In addition, he could work in a remote branch in another region. The listed and other cases allow sending the book or transferring it to an attorney. On this basis, the GOST standards are not fully applicable to this situation.

IMPORTANT: The signature of the employer's employee in the dismissal order refers to the compensating signature if it is not in the labor one.

The main thing is that the information entered be certified by the person who made the entry. He signs in the document when filling out. The signature is located on the line below, under the information entered in the columns.

What to do if it is in the wrong place?

An information identity error can have various causes. For example, if it is located a line lower than required, it is advisable to leave it in its place. If an employee signed instead of an authorized person, it is permissible to cross out the error with a thin line, sign next to it yourself and mark the correction with the wording: “Believe corrected”.

If this type of correction is unacceptable, then proceed as follows:

In no case is it permissible to overwrite, redirect or cover up a mistake with a stroke.

No signature

The criticality of the absence of an employee's signature is often considered ambiguously. With a correctly entered entry, liability may not arise if the remaining actions are carried out in good faith.

If there are other violations, this will become an additional incentive for the imposition of sanctions. If such a problem has arisen and cannot be corrected, the employer may be held administratively liable for violation of labor laws. But this is permissible only under the condition of deliberate accusations from the former employee. In this case, you need to protect yourself with the following:

1. appeal to the fact that the signature of the person was affixed to him in the order of dismissal and in the book of registration of the movement of work books. Although this is not the same thing, since the work book is signed to certify the correctness of the entry made.
2. Draw up an act stating that the employee refused to sign.

If, due to objective circumstances accompanying the dismissal, the employee could not sign, this is not considered a violation.

REFERENCE: After making a record of employment with a new employer, it is unacceptable to correct the previous record by entering the signature of the employee.

Conclusion

Personnel records management requires strict compliance with the standards established by law. In the article, you learned who signs the work book upon dismissal. Correctly placed signature in the entry is an essential element of compliance with the established rules.

In order to avoid problematic situations, we propose to understand all the nuances of this issue through a thorough analysis of the relevant legal norms.

Termination of an employment relationship for one reason or another is first formalized by a dismissal order. This is followed by the enrollment procedure labor document, fixing the date of dismissal, order number, reason for dismissal.

We will not dwell on the wording of this entry., since the modern version of the "Instructions for filling out work books" is available and includes all the wording for the most common reasons for dismissing an employee.

Let's start from the moment when the entry has already been made. next step will be its official confirmation. How exactly this aspect is implemented is suggested by a special regulatory document called “Rules for maintaining, storing work books, making forms for them, and also providing employers with them” (hereinafter referred to as the Rules).

In particular, clause 10 of this set of Rules decides that in the course of the cancellation of an employment contract with an employee, all entries that were made during labor process in his work book (hereinafter referred to as the Labor Code), must be endorsed by the personal signature of the employer or person, responsible for work with the shopping mall, the painting of the dismissed employee, as well as the seal of the institution.

Below we will consider in more detail each item of the entire procedure and the one who signs it. But before we start, I would like to make sure that you know what , looks like. Otherwise, you simply do not understand what is at stake.

Employer's signature or...

Item #45 of the above Rules obliges the employer to bear full responsibility for working with the labor documents of employees. The employer can act as individual entrepreneur, and legal entity.

With an entrepreneur, the situation is simple - he is charged with the duty to independently make entries in labor documents. However, what if the employer is entity? In such a situation, responsibility for everything is provided for the head of the organization, i.e., the sole executive body.

Such a leader can be called anything (director, general director, president, etc.). In other words, the essence of the job title will not change, and the main conclusion will be that the manager has the right to make appropriate entries in the TC.

The reality is different. Today, there is rarely a leader who personally deals with the issues of work books of subordinates. The only exceptions are small businesses.

To get out of this situation, a common option is to appoint a person responsible for all work with the TC by issuing an appropriate order, certified by the head.

Note that the employer has the right to appoint any employee responsible for this issue, but most often such powers fall on the shoulders of a personnel officer, accountant or secretary.

Separately, we will consider the option when the employee responsible for working with the shopping mall went on sick leave or is on vacation. How do you quit then?

The ideal option would be to make an entry personally by the head. But another solution is quite acceptable - the appointment of c. and. about. responsible for the work books of another employee.

Note that with such a development of events, it is mandatory to issue an order, containing the following information:

• Full name of the employee who is entrusted with the temporary fulfillment of these obligations;
• time interval for the performance of duties;
• the amount of salary increase for the specified period.

Requirements for the signature of the responsible person

Since we are talking about the concept of "signature", we turn to GOST 6.30 for clarification of terminology under the name "Unified system of organizational and administrative documents" (edition 2003). This document says that The composition of the requisite called "signature" must necessarily include:

• the title of the person who signed the document;
• personal painting of the above person;
• F. I. O. as a transcript of the painting.

Further in the text, for convenience, we will use the symbol "φ" as a signature. So, the personal signature in the work book upon dismissal of the person responsible for the Labor Code (let it be an accountant) will receive the following form:

Accountant φ Lokteva K.V.

In the variant with an individual entrepreneur, whom Article No. 66 of the Labor Code is obliged to personally make entries in the described document, the signature will look like this:

Individual entrepreneur φ Kotov Yu.B.

A lot of controversy arises over the question of the possibility or impossibility of reducing the words "individual entrepreneur" to two letters "IP".

The answer to the worrying doubts lies in the Rules, where it is extremely clear that it is impossible to make any verbal abbreviations in the process of making an entry in a labor document (only initials are an exception).

Variations are allowed only as follows:

Employer φ Prigozhin A.A.

Of course, the last example does not fully meet the requirements of clause No. 3.22 of the aforementioned standard (there is no job title), but in fairness it should be said that the Rules of Conduct of the Labor Code do not indicate the rigor of fulfilling the requirements of GOST.

In addition, the work book itself, with a big stretch, can be attributed to documentation of an organizational and administrative nature. In other words, this GOST in our case is more of a recommendation than a rule.

The signature of the employee in the work book upon dismissal. Record of type "acquainted"

After the signature of the employer or responsible person, there must be a signature of the employee himself. Unfortunately, due to the low coverage of this issue in the Rules, the fantasy of personnel officers gave rise to a large number of variations of this painting. The most popular option was the signature of the following form:

Familiarized with the records φ Sidorov

The first significant drawback of such a record is the lack of initials, because often the “squiggle” of the signature may not be too reminiscent of the employee’s last name. The second blunder is the wording “familiarized with the records” or simply “familiarized” that came almost out of nowhere.

Why out of nowhere? Because in reality there is not a single regulatory document that would decide to draw up the signature of a dismissed employee in this way.

Another common misconception is placing an employee's record (let's say it's marked with the symbol "μ") next to the HR record:

Inspector OK φ Lokteva E.V. μ

There is a lot of controversy around this issue to this day. Defenders of the optional decoding of the employee's signature argue that since the surname, initials and signature are on the title page of the labor, then in case of dismissal, it is enough just to sign.

But what to do, for example, if the employee is a woman whose last name has changed during her work in this organization (for example, she got married)? It will not work to compare signatures in this situation, because it is well known that when changing a surname, a person’s signature also changes.

So where is the signature? The ideal location for both signatures would be the following:

Inspector OK φ Lokteva E.V.
Category I engineer μ Zaitsev M.V.

There are also disputes about whether to indicate the full title of the employee's position, because sometimes it can be quite cumbersome and simply does not fit on the line.

In this case, the following solution is acceptable:

Inspector OK φ Lokteva E.V.
Employee μ Sobolev V.A.

For more information on how the employee's signature is put in the work book upon dismissal - read.

Printing in the work book upon dismissal and basic requirements

The last element of the certification of the dismissal record, as noted earlier, is the seal. The first aspect of this paragraph that is worth dwelling on is what kind of seal should such a record be certified with? Previously, you could choose from two options:

• seal of the operating organization (enterprise);
• seal of the personnel department (service).

But Since 2008, the Rules have been somewhat transformed. A number of amendments made included the order of Rostrud to replace part of the phrase in clause 35 “... with the seal of the organization ( personnel service)…” to “…the seal of the employer”.

The changes were caused by the need to bring the Rules as much as possible into line with the current Labor Code, which uses the single term "employer".

In other words, after the entry into force of these amendments, the certification of the record for dismissal using the seal of the personnel department is considered a gross violation of the procedure. Regarding the location of its print, there are a number of relevant requirements:

• the seal cannot cover personal signatures or make it difficult to read other details that are important (for example, order number);
• the imprint should slightly "go to" the title of the position of the dismissed person, ideally occupying for the most part empty lines from the bottom;
• The print on the document must be clear and legible.

The procedure for familiarizing the employee with the record

The procedure for familiarizing an employee with the relevant record of dismissal in his employment document is carried out in accordance with clause 12 of the Rules mentioned above.

And it implies the signature of the employee in his personal card.

The role of the latter is a special document called Form No. T-2.

In pursuance of this particular paragraph, it is prohibited to maintain such maps in a computer version, i.e. they should only have a handwritten form.

Reassurance: concise and simple

Based on the above analysis, we can summarize. According to all requirements and standards in the field labor law the act of ending the employment relationship is fixed signature of the employee on the following documents:

• notice of dismissal;
• employment history;
• personal card made according to Form T-2;
• book on accounting for the movement of labor books.

Following the simple tips outlined in this article, you will be able to competently and competently approach the procedure for certifying the dismissal record in your employment document.

Now you know who must sign the Labor Code, whether the signature of the employee and employer is needed. What to do if they don’t give out work on the day of dismissal - read.

It came to a copy of the work book and it turned out that it was incorrectly certified. The girl cried and asked to accept the document, but the inspector was adamant. Now, if the poor thing does not have time to get a properly certified copy, she will have to go through the "hell" of the queues again.

There is a range of loan amounts, when a copy of the work book is not required, and you can choose a loan program “according to two documents”. However, better proof of employment tends to provide more good conditions lending - by the amount of the loan and by the interest paid for the loan.

This issue is decided depending on the CEO the procedure for maintaining his work book. In some cases, the collegial body, when deciding on the appointment of the General Director, stipulates in the employment contract or in the decision the procedure for maintaining the work book of this official. Such regulations may also be established by a decision to terminate the powers of the general director. If the meeting of owners decides that one of the founders signs the employment contract with the head, the entry in the work book upon dismissal can also be signed by the authorized founder.

2. In case change of ownership

How to certify a copy of a work book

If an employee works in two positions in different organizations, he needs to take from the additional place of work a copy of the order for employment signed by the director of the enterprise, an employment contract or a certificate of letterhead, indicating that the employee really works in this company.

Currently, there are often situations when employees work in two or more positions. Usually, at the main place of work, the employee is registered according to the work book, and at the additional place - according to the employment contract. labor law it is allowed to make an entry about the combination in the work book.

Where and how to remove, sign and certify a copy of the work book

All copied sheets in sequential order must be stitched together, and the stitching point is sealed with a small sheet of paper, on which the number of sheets is marked and the phrase is written: “the total is numbered and laced”. The initials and surname of the person signing the document are written below. Pay attention to how to correctly sign a copy of the work book, and double-check the presence of all signatures.

Certification of the copy is carried out in the personnel department of the firm or company where the employee works. In the absence of such a department in the organization, a copy of the labor is certified by the person responsible for the personalized accounting of employees, for example, the chief accountant. Also, certification can be done by the director himself or the head of the organization.

How to flash and seal the register of the movement of work books

These include its appropriate design, which does not allow outside intrusion into its data by third parties, and also counteracts illegal actions by unscrupulous employees or persons who have access to accounting documents.

The seal may have different varieties, which may be dictated by the list approved for the types of sealing devices. They are approved by the GOST 31282-2004 Rules. These include means of possible identification of one-time use, which are capable of protecting against unauthorized opening of the protected object.

Employment history

In this case, in column 1 the serial number of the entry is put, in column 2 the date of employment as a part-time worker is indicated, in column 3 an entry is made about the acceptance or appointment as a part-time worker in structural subdivision organization indicating its specific name, position, specialty, profession, indicating qualifications, column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number.

It is more difficult to change other records that are inside the block of records about work with a particular employer (on admission, transfer, inaccurate dates, job titles, professions, specialties, and others) after filling out a dismissal record in the work book, since their certification with the signature of the employer or the person responsible for maintaining work books, and the seal of the organization (personnel service) is not provided and there are no official explanations in this regard.

Dismissal of the CEO: who signs the work book

When the CEO leaves on their own initiative, in column 3 it is necessary to give a link to article 80 of the Labor Code of the Russian Federation, and if the dismissal occurs by agreement of the parties - to article 78 of the Labor Code of the Russian Federation. In some cases, the reason for the dismissal of the head may be provided for by the employment contract. In this case, in column 3 there should be a link to the corresponding paragraph of this document. A sample of registration of an entry on the dismissal of the general director of an enterprise on the basis provided for by the employment contract is presented below.

2. In case change of ownership, i.e. transfer of ownership of the company's property to third parties. At the same time, it should be taken into account that the change of ownership is not a change of participants or shareholders of the company, as well as a reorganization, as a result of which a company is joined or separated new organization. But the reorganization carried out in the form of a merger, transformation or division falls under this definition. In the event of a change of ownership, the dismissal of the head of the company is carried out on the basis of paragraph 4 of part 1 of Article 81 of the Labor Code of the Russian Federation, paragraph 6 of Article 77 of the Labor Code of the Russian Federation or Article 75 of the Labor Code of the Russian Federation. A sample entry in the work book, made in the event of the dismissal of the head of the organization in connection with the change of ownership of its property, is presented below.

Employment books: we continue the topic

- the presence in the work book of an invalid entry related to unlawful conviction or dismissed from office in connection with unlawful criminal prosecution, established respectively by an acquittal or a resolution (determination) on the termination of a criminal case due to the absence of an event of a crime, due to the absence of corpus delicti in an act, or for lack of evidence of their participation in the commission of a crime (paragraph 22);

In accordance with paragraph 2.2. Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69, after indicating the date of filling out the work book, the employee certifies with his signature on the first page (title page) of the work book that the information entered is correct.

Chief accountant with the right to certify a work book

By the way, the FMS website does not say that you need to have a photocopy, it says that you need to have the documents themselves (passport, military man). In principle, they have no right to demand anything more, but in our wonderland they easily openly charged the printing of photocopies on citizens.
And yet - do not forget the receipt for payment of the state. duties.

Bring the issue to the meeting of participants, you can convene an extraordinary, on the early termination of powers executive body, look at the basis in the charter or in the Law on LLC, tk. he can challenge in court. And you can immediately raise the question of appointing a new director. You reflect everything in the minutes of the meeting and register it with the tax office. Good luck!

YurClub Conference

Me, AAA, since 11/01/2009 worked in an LLC as a deputy director, an employment contract and an agreement liability the employer did not properly draw up with me (that is, I did not sign anything in writing), with an order for employment, did not familiarize me with the internal labor regulations.

There is an employment contract, it was provided to the prosecutor's office, but it was not signed on my part, there is an order, but on my part it was not signed either, because all this was not provided for signature! The salary is white. Can you read? There is an extract from the bank on a salary card from this LLC! The claim will not be returned to me, because it is in court and accepted for production! Of course, you smiled at me and other posts in other topics :-))) Miracle in feathers :-)))

05 Aug 2018 91

The dismissal of an employee during official employment is recorded by an appropriate entry in the work book. When applying for a pension, the shortcomings made when filling out the information on admission and dismissal will cause the restoration of data on the length of service.

To avoid errors, to unify data, there are regulations whose requirements must be met.

The work book refers to documents strict accountability. For registration, maintenance and storage in practice, the relevant Rules, instructions and GOST 6.30. Insufficient regulation of the registration of the dismissal of an employee causes discrepancies among officials whose competence includes an entry in the work book about the dismissal.

By law, upon dismissal of an employee on the last working day, he is required to issue a document on the basis of an order to terminate the employment agreement.

All information made during the period of validity of the contractual relationship is certified by the last entry, which indicates:

• end date of work;
• reference to the law (reason for dismissal);
• responsible person's signature.

Who exactly signs in the work book upon dismissal?

According to regulations the employer has the authority to certify. In the event that this is an individual entrepreneur, then he is obliged to keep the papers of employees. Given the small number of staff, it will not be difficult for him. If the employer is a legal entity, then the range of issues to be resolved and the staff do not leave time for painstaking work that requires special knowledge.

At enterprises and organizations, managers delegate their powers to an employee of the personnel service, an accountant, a secretary, who can sign a work book. These persons must have official status based on the order of their official duties. For the period of vacation or illness of such an employee, the head is obliged to issue an additional order on the appointment of a temporary acting officer. For the period of replacement of the interim, an additional payment for the combination is made in accordance with the law.

Letter of resignation

The dismissal record has a number, without line gaps. The signature is written in accordance with the requirements of GOST for unified documents:

• indicating the position;
• personal painting;
• deciphering the painting.

If the maintenance and storage of documents is entrusted to an employee of the enterprise, then he indicates his full-time position:

• head of the personnel department;
• secretary;
• accountant.

When the manager makes entries in the document, he must also indicate his position without abbreviations. The title of the position, painting, transcript should not take several lines. To reduce the volume of the entry, it is practiced to write “employer” instead of the title of the position.

The individual entrepreneur who is in charge of the documents does not have an official position. But when recording a dismissal, one cannot ignore the requirement to fix the position of the performer. In the absence of an explanation on this issue, entries are made in them:

• individual entrepreneur;
• employer.

Explanation of the decoding of the mural is interpreted in two ways: with initials or first name, patronymic in full. A clear mistake will be the absence in the transcript of the signature in the work book upon dismissal of abbreviated or full data on the name and patronymic of the responsible person.

Attention! Upon dismissal of a person who was entrusted with the duty of maintaining work books, the head of the enterprise personally certifies the records.

Should an employee sign a work book upon dismissal

Who else signs the work book upon dismissal? According to the Rules and instructions, the employee, when calculating on the last working day, upon receipt of the document, must sign it. Previously, he must familiarize himself with the order of dismissal, put his signature in it. In the book, he must leave an entry similar to the entry of the official who issues the document to him in his hands.

Attention! It is not allowed if the signatures of the employee and the responsible person are unlikely.

The painting must be decrypted:

• surname,
• patronymic.

Name and patronymic - as initials or in full. Such a requirement follows from practice: a possible change of surname. In this case, the signature is changed, which will not correspond to the sample on the title page. In order to avoid such situations, after painting, the resigned person personally writes down his personal data regarding the surname, name, patronymic.

controversial issue for personnel workers or performing these duties is to record information about the position held. On the one hand, a person who received a settlement on the basis of a dismissal order is not an employee of the specified enterprise.

This situation is unlawful, since on the last working day, despite the order, the employee has access to workplace, this day is taken into account when calculating wages. In this case, it is necessary to indicate the position. In cases where the name of a staff unit is verbose, it is abbreviated to the word "employee".

What to do in a situation of refusal to paint or absence from the workplace due to illness, vacation, business trip?

Should an employee sign in a work book and indicate his position?

The issuance of a document after the termination of the employment contract in the following days means that a person can no longer call himself an “employee”.

Insufficient regulation of the execution of the signature of a dismissed employee leads to "innovation" on the part of personnel workers. After the signature of the contractor, at their request, the former employee makes an acknowledgment record that he is familiar with the information about the position, length of service, and the reason for dismissal.

This discrepancy stems from paragraph 35 of the Rules, which indicates the need to certify the entries in the document by the head / responsible person and the paid employee. The explanation follows from the meaning of the word "assurance". In office work, this concept means a signature, without an additional certifying record.

Decor labor relations, including their termination, must comply with the instructions of the Rules for the maintenance, execution of work books, instructions for filling them out. Need to take into account the requirements GOST 6.30 on the unification of workflow. The signatures of the person responsible for processing, storing, issuing documents and the dismissed employee must be identical: contain information about the position, personal signature and its full transcript.