home Floors

Subtleties and pitfalls of signing the dismissal record in the work book. Signature in the work book upon dismissal Signature in the work book upon dismissal

If an organization is to fire a general director, it is necessary to properly complete the documentation and make an entry in his work book in accordance with established standards. The position of general director can be held by one of the founders of the enterprise or a hired employee who is not the owner of its property. Therefore, a private question is: who signs the work book when a director is dismissed? Let's take a closer look at these and other features of the dismissal process.

Making entries in the work book

As a general rule, the general director is considered the sole executive body of the organization. He makes management decisions personally without obtaining a power of attorney from the founders. Accordingly, it is he who acts as the employer and is responsible for storing work books, as well as making entries in them in accordance with the law.

While the organization is operating, the general director has the right to issue orders on personnel matters, including in relation to himself. For example, he can provide himself with annual paid leave, since he is the immediate manager of the organization.

If the general director is to be dismissed, the employment record must be signed by him (if there is no other person authorized by him to do so). This provision on the work of an LLC is enshrined in Article 40 of Law No. 14-FZ. The day of dismissal is officially considered the last working day, so the general director has every right to act as the head of the organization, since he is the employer. He independently certifies the entry in the work book with his signature.

An entry in the book can also be certified by the owner of the company - the sole founder or one of them. If an employment contract is concluded with the general director, it is also signed by one of the founders, acting on behalf of all the founders of the company.

General design rules

The question often arises of how to fire a CEO. Labor difficulties arise with recording, since the law does not make exceptions for heads of organizations. All personnel records in their regard are prepared as for ordinary employees.

Features of dismissal of the CEO

Correctly recording the dismissal of the general director is not the only task of the founders of the LLC, who will have to change the director. Society must also:

hold a meeting and prepare a decision on changing the manager;
data on the change of the executive body of the company must be transferred to the tax office within the established time frame.

On the day of dismissal, a full settlement must be made with the former head of the enterprise. He receives the benefits he is entitled to.

Question: The first page (title page) of the work book must contain the signature of the person responsible for maintaining work books. The work record form states that the signature must be affixed legibly. Does this mean that the person responsible for maintaining work books should not put his personal signature on the first page (title page) of the work book, but should clearly indicate his last name (or full name)?
Answer: In accordance with Art. 66 of the Labor Code of the Russian Federation, a work book of the established form is the main document about the employee’s work activity and length of service.
The form, procedure for maintaining and storing work records, as well as the procedure for producing work record forms and providing them to employers are established by the federal executive body authorized by the Government of the Russian Federation.
The employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee.
Clause 8 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, states that the registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week period from the date of hiring.
The form of the work book, approved by the specified Decree of the Government of the Russian Federation, stipulates that on the first page (title page) of the work book, after the signature of the owner of the book, the signature of the person responsible for maintaining work books must be indicated (legibly).
According to clause 2.2 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69, after indicating the date of filling out the work book, the employee certifies the correctness of the entered information with his signature on the first page (title page) of the work book.
The first page (title page) of the work book is also signed by the person responsible for issuing work books, after which the seal of the organization (stamp of the personnel service) where the work book was first filled out is affixed.
Normative legal acts in the field of labor do not disclose what it means to “indicate the signature legibly.”
At the same time, the work book form does not contain any indication that when signing the person responsible for maintaining work books, it is necessary to clearly indicate (only the last name or last name, first name and patronymic).
A similar indication, for example, was contained on page 2 of form N 025/y “Medical record of an outpatient,” approved by Order of the USSR Ministry of Health dated October 4, 1980 N 1030 (lost force due to the publication of Order of the USSR Ministry of Health dated October 5, 1988 N 750).
In our opinion, the indication “legibly” does not mean that the person responsible for maintaining work books should not put his personal signature on the first page (title page) of the work book, but should legibly indicate his last name (or full name) .
It appears that this instruction means a requirement that the signature of the person responsible for maintaining work records be identifiable. Taking this into account, when filling out the field “Signature of the person responsible for maintaining work books,” you can be guided by analogy to clause 3.22 of GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for document preparation,” according to which the composition The “Signature” details include: the name of the position of the person who signed the document (full if the document is not drawn up on a document form, and abbreviated - on a document drawn up on a letterhead - in this case, full); personal signature; decryption of signature (initials, surname).
At the same time, liability for failure to comply with the requirements of clause 3.22 of GOST R 6.30-2003 when filling out the field “Signature of the person responsible for maintaining work records” is not provided.
Note: the requirement that the signature of the person responsible for maintaining work books can be identified can be met, in particular, when the person responsible for maintaining work books indicates his full last name and first and patronymic initials, separately and without combining .
L.L.Gorshkova
Center for Accounting Methodology
and taxation
01.03.2010

According to clause 35 of the Rules, upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his time working for this employer, are certified:

. employer's signature or the person responsible for maintaining work records,

employer's seal And

signature of the employee himself (except for the cases specified in clause 36 of the Rules).

Let us remind you that clause 36 of the Rules mentions cases when it is impossible to issue a work book on the day of dismissal of an employee (termination of an employment contract) due to the absence of the employee or his refusal to receive the work book in hand.

About signatures

Upon dismissal, the entries made in the work book are certified by the signatures of the employer or the person responsible for maintaining work books, and the employee. How are these signatures prepared? Should the employee write any word other than his own signature, for example, the word “I certify” or “I am familiar with”?

This question is ambiguous. There are disputes among experts.

Traditionally, the signature of the employer or the person responsible for maintaining work records is drawn up according to the scheme: “Position. Signature. Deciphering the signature (initials, surname).”

We are also obliged to give another point of view on the registration of signatures in the work book, which has become widespread among personnel officers recently.

Clause 1.1 of the Instructions states that in the work book “Records are made... without any abbreviations. For example, it is not allowed to write "pr." instead of "order", "dispatch." instead of "order", "trans." instead of “translated”, etc.” Some experts believe that the requirement for no abbreviations applies not only to the records of work and awards themselves, but also to the signatures and believe that initials cannot be placed in the transcript of the signature; the surname, first name, and patronymic of the persons putting the signatures must be written in full.

The situation is even more complicated with employee signatures.

The position of a number of specialists is as follows: clause 35 of the Rules only requires the employee’s signature. Those. It is proposed that the employee put his own signature without decoding, etc.

There is another opinion, according to which the employee must sign in the same way as the person responsible for maintaining work records: “Position of the employee. Signature. Full name".

Option 1 (4.7.5) (the employee worked as a freight forwarder)

When the job title is too long, it is often proposed to replace it with the word “employee”.

Option 2 (4.7.6)

This position is justified as follows. According to clause 3.22 of GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents” the “signature” requisite includes:

Job title of the person who signed the document;

Personal signature;

Decryption of signature (initials, surname).

Of course, the Rules and Instructions do not directly indicate the need to be guided by GOST when working with a work book, and the work book itself, strictly speaking, does not relate to organizational and administrative documentation. However, it is quite acceptable to focus on the specified standard, since this does not contradict the general procedure for maintaining and filling out work books and is consistent with established practice.

The signature of the person responsible for maintaining work records, which is made under the dismissal record, traditionally complies with the requirements of GOST and is carried out according to the scheme: “Position. Signature. Full name". It is logical that the signature of the person responsible for maintaining work records and the signature of the employee should be made according to the same rules, because clause 35 of the Rules does not differentiate between them.

At the same time, there is one caveat.

Sometimes an argument is made against indicating the position in the employee’s signature in the work book, namely, some experts argue that the resigning employee is no longer an employee and he no longer has any position. Let us remember that the day of dismissal is usually the last working day, and the employee still holds his position. It’s another matter when an employee receives his book not on time, but after dismissal. Then the position can no longer be indicated. And the word “employee” would not be appropriate.

Regarding some additional words in the employee’s signature, we note the following: almost all experts believe that there is no need to write the words “agree” or “acquainted”. Neither the Labor Code of the Russian Federation, nor the Rules, nor the Instructions require this. However, sometimes there is an opinion that the word “I certify” can be written before the signatures, since paragraph 35 of the Rules talks about certifying with signatures the entries made in his work book. We think all these extra words are unnecessary. The employee's signature is sufficient.

Thus, in practice, there are various options for registering signatures on a notice of dismissal. This is due to the ambiguity of the current legislation.

About the employer's seal

As noted above, according to clause 35 of the Rules, when an employee is dismissed, the entries made in his work book are certified by the employer’s seal.

In Chapter 3, we already talked about the fact that not all organizations should have a seal; some have the right not to have a seal. Employers - individual entrepreneurs can also work without a seal.

Below we will talk about cases when the employer has a seal.

Let's compare clause 35 of the Rules.

Clause 35 as amended by Decree of the Government of the Russian Federation dated April 16, 2003 N 225	Clause 35 as amended by Decree of the Government of the Russian Federation dated March 1, 2008 N 132
When an employee is dismissed (termination of an employment contract), all entries made in his work book during his work in this organization are certified by the signature of the employer or the person responsible for maintaining work books, seal of the organization (HR department)	When an employee is dismissed (termination of an employment contract), all entries made in his work book during his time working for this employer are certified by the signature of the employer or the person responsible for maintaining work books, employer's seal and the signature of the employee himself (except for the cases specified in paragraph 36 of these Rules).

As you can see, the possibility of certifying entries in the work book with the seal of the personnel service was excluded from the Rules.

Explanations from Rostrud

The editors of the electronic library "Package Personnel" addressed the Federal Service for Labor and Employment (Rostrud) with a request to provide official clarification on the questions of its users:

“When an employee is dismissed, all entries made in his work book during his time working for this employer can be certified seal of the HR department employer? Or do I need to put the organization's seal on it?

According to the previous edition of the Rules for maintaining labor books: “35. When an employee is dismissed (termination of an employment contract), all entries made in his work book during his work in this organization are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the organization (personnel service) and the signature of the employee himself (except in cases specified in paragraph 36 of these Rules)....” The wording of the resolution of the Government of the Russian Federation of March 1, 2008 no longer refers to the seal of the personnel service, but refers to the seal of the employer. Is the HR department’s seal one of the employer’s seals?”

We received the following clarifications from Rostrud (letter dated November 24, 2008 No. 2607-6-1) on this issue.

“In accordance with paragraph 35 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 No. 225 (hereinafter referred to as the Rules for maintaining work books), upon dismissal of an employee (termination of employment contract) all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself (except for the cases specified in paragraph 36 of the Rules).

Unlike the previous edition of the specified paragraph of the Rules for maintaining work books, which was in force before the Decree of the Government of the Russian Federation dated 01.03.2008 No. 132 came into force, the new edition does not establish identity between the concepts “seal of the employer” and “seal of the employer’s personnel service”, using just one of them. Based on the nature of the changes and additions made to the Rules for maintaining labor books by the said Decree of the Government of the Russian Federation, they are aimed at bringing the norms of the Rules for maintaining labor books into compliance with the provisions of the Labor Code of the Russian Federation regarding the use of a single concept of “employer” instead of the concept of “organization”.

When making changes to paragraph 35 of the Rules for maintaining work books, it was obviously based on the fact that employers - individuals listed in paragraph. 2 hours 5 tbsp. 20 of the Labor Code of the Russian Federation (employers are individual entrepreneurs), as a rule, there is no personnel service and the employer maintains work books independently or by a person specially authorized by him.

In other words, it can be assumed that the exclusion from this paragraph of the provision that allowed employers - individuals, when dismissing employees, to affix both the official seal of the organization and the seal of the personnel service to their work books, was of a deliberate nature.

In this regard, in our opinion, the current version of the specified paragraph of the Rules for maintaining work books does not provide the opportunity for employers - legal entities, when dismissing employees, to put the seal of their personnel service in their work books.”

Now let's start looking at examples of the dismissal records themselves.

A selection of the most important documents upon request Stamp in the work book upon dismissal(regulatory legal acts, forms, articles, expert consultations and much more).

Document forms

Articles, comments, answers to questions: Stamp in the work book upon dismissal

In particular, when an employee is dismissed (termination of an employment contract), all entries made in his work book during his time working for this employer are certified by the signature of the employer or the person responsible for maintaining work books, the employer’s seal (if any), as well as the signature of the employer himself. employee (except for the cases listed in paragraph 1, clause 36 of the Rules for maintaining and storing work books). This conclusion follows from paragraph. 1 clause 35 of the said Rules and para. 2 Explanations on some issues of application 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 dated April 16, 2003 N 225 “On work books” (approved by Order of the Ministry of Labor of Russia dated October 31, 2016 N 589n ; further - Explanation of the Rules for maintaining and storing work books). If the organization does not have a seal, these records are certified in the manner prescribed in paragraph. 3 Explanations.

Open the document in your ConsultantPlus system:
According to Letters of Rostrud dated January 20, 2014 N PG/13282-6-1 and dated November 22, 2012 N 1450-6-1, entries made when preparing the specified documents in connection with the dismissal of an employee can be certified not only by the employer’s seal, but also by the seal personnel service, as well as any other seal containing information about the name and location of the employer. According to the department, this will formally confirm the fact of working for a given employer and will not violate the rights of the employee.

Regulatory acts: Stamp in the work book upon dismissal

Order of the Ministry of Labor of Russia dated October 31, 2016 N 589n
"On approval of clarification on certain issues of the application 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 "On work books"
(Registered with the Ministry of Justice of Russia on November 14, 2016 N 44328) If the organization does not have a seal, entries made in the employee’s work book during his time working in this organization are certified by the signature of the employer or the person responsible for maintaining work books (except for the cases specified in paragraph 36 of the Rules).

35. When dismissing an employee (terminating an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself (except for the cases specified in paragraph 36 of these Rules).

Signed by the employer

Labor relations with an employee end with the issuance of a dismissal order and a notice about this entries in the work book. Samu notice of dismissal it’s quite simple to do, because in the instructions for filling out work books(hereinafter - the Instructions) there are samples of wording relating to almost all the most common grounds for termination (termination) of an employment contract.

So, notice of dismissal entered. Now the employee responsible for conducting work records, must “close”, certify all entries made in work book by this employer. How to do it? The answer to this question can be found in the Rules for maintaining and storing work books and producing forms work book and providing them to employers (hereinafter referred to as the Rules). According to clause 10 of the Rules, upon dismissal of an employee (termination of an employment contract), all entries made in his work book during work in this organization, are certified by the signature of the employer or the person responsible for maintaining work records, the seal of the organization (HR department) and the signature of the employee himself.

At first glance, this norm contains extremely clear instructions. Despite this, in practice specialists encounter some difficulties. First of all, the question arises: which of the organization’s officials should sign for the employer in this case? According to clause 45 of the Rules, responsibility for working with a work book(maintenance, storage, accounting, issuance, etc.) is borne by the employer. But the employee’s employer is a legal entity or an individual entrepreneur (other employers - individuals do not keep work books for their employees). Everything is clear with an individual entrepreneur - he himself can contribute entries in the work book. What if the employer is a legal entity? In this case, the manager (that is, the sole executive body) is responsible for everything. He may be called a director, general manager, or even president. This does not change the essence - full responsibility lies with him as a representative of the employer. This means that the manager himself can certify the records upon dismissal.

Delegating powers

However, it is rare that a leader is personally involved work books(maybe with the exception of small business managers). Most often, responsibility for maintaining, storing, recording and issuing work records is borne by a specially authorized person appointed by order (instruction) of the employer. This could be a personnel officer, an accountant or a secretary who has been assigned additional responsibilities for maintaining work records within the framework of personnel records management. Please note that simply mentioning these responsibilities in an employment contract or job description is not enough. Each time a person is appointed responsible for work books the employee is required to issue an appropriate order (see Example 1).

An individual entrepreneur can also assign responsibility for work with work books any of its employees, as most often happens in practice.

Temporary replacement of the person in charge

Sometimes it happens that the employee appointed responsible for this work (in our example, this is the secretary) goes on sick leave, and therefore cannot issue a work book to a resigning employee. What to do in this case? It is best if the leader independently will issue a work book employee. If the manager for some reason does not want or cannot do this, then he should issue an order with the following content (see Example 2).

Thus, closing the block of records in work book must be signed by a specially authorized person. If you are such a person, then you may have a number of other questions regarding the method of registration.

What should your signature look like?

Normative legal acts (Rules, Instructions) do not contain any instructions in this regard and do not provide any samples. In practice, it is customary to sign as follows:

Sometimes initials are not indicated in the transcript of the signature, but only the surname of the official is written. Of course, this is a shortcoming, although it is not of a fundamental nature. Probably, many personnel officers rely on the title page of the work book, where it is customary to hand-write the surname of the person who issued the work book. Indeed, in the lower right corner of the title page work book stated:

"Signature of the person,

responsible for maintaining work records

____________________________________»

(clear)

According to established practice, the surname is entered there without indicating the initials. However, the reproduction of the surname “legibly” is not a signature in its actual sense.

According to paragraph 3.22 of GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents” the “signature” requisite includes:

job title of the person who signed the document;

personal signature;

decryption of the signature (initials, surname) (see Example 4).

Of course, it would be more appropriate to indicate on the title page work book the following wording:

"Last name of the person
responsible for maintaining work records
____________________________________»
(clear)

But work book form approved in this form and not in another, so novice clerks have to figure out how to enter a “legible signature.”

So, we found out what the “signature” attribute is. In addition to indicating the position, it includes a personal signature in the form of a handwritten stroke and its transcript indicating the surname and initials.

Of course, the Rules and Instructions do not directly indicate the need to be guided by GOST when working with a work book, and the employment history, strictly speaking, does not apply to organizational and administrative documentation. However, it is quite acceptable to be guided by the specified standard, since this does not contradict the general procedure for maintaining and filling out work books and is consistent with established practice.

Signature of an individual entrepreneur

Changes made to the Labor Code of the Russian Federation by Federal Law No. 90-FZ obligated the individual entrepreneur employer to keep work books for his employees (Article 66 of the Labor Code of the Russian Federation). Therefore, paragraph 35 of the Rules now also applies to “individuals”.

If an individual entrepreneur has appointed a person responsible for maintaining work records, then there are no problems with certification of records by the employer. The secretary, accountant or personnel inspector will add his signature to the work book as usual.

How to fill out the “signature” details if maintaining a work record book does an individual entrepreneur carry out it independently? As you know, the name “individual entrepreneur” is not a job title. But the “signature” attribute cannot be incomplete, so a signature in this form is acceptable:

Is it possible to shorten the name “individual entrepreneur” to the abbreviation “IP”? On the one hand, regulations require that there be no abbreviations in the work book. On the other hand, according to the author, inspectors will not impose fines even if this requisite includes such an abbreviation, since neither the Rules nor the Instructions have yet (before making changes and additions to them that would bring them into compliance with the new provisions of the Labor Code RF regarding individual entrepreneurs) do not contain any explanations in this regard.

The following design could also be a solution:

Of course, this does not entirely correspond to the composition of the “signature” requisite established by GOST R 6.30-2003, but it should be taken into account that an individual entrepreneur does not have a position at all. In addition, clause 35 of the Rules states the following: “... all entries made in his work book during his work in this organization are certified employer's signature or the person responsible for maintaining work records…».

All these issues will be resolved if the individual entrepreneur appoints by his order a specially authorized person responsible for maintaining, storing, recording and issuing work records
(Clause 45 of the Rules).

Pay attention to the employee's signature!

Have you read the records?

After the signature of the person responsible for maintaining work records, it is necessary for the employee to sign. Here the creativity of our colleagues truly knows no bounds. Most often, the employee puts his signature under the strict guidance of the secretary (personnel officer or accountant), and as a result the following signature may appear:

The absence of initials in the signature transcript has already been mentioned earlier; this is a shortcoming.

The second drawback is the presence of the wording “I have read the records”, which is not provided for by any legal act. Where does it appear in workers’ work books? As some practitioners at enterprises explain, they took an example of such a record from an experienced colleague or from some reference and practical manual, article, etc. Some refer to clause 35 of the Rules, which states that “all records ... are certified the signature of the employer or the person responsible for maintaining work records, a seal ... and the signature of the employee himself.” In their opinion, the assurance should look like this.

However, if you carefully read clause 35 of the Rules, you will find that certification must be carried out equally by both the employer and the employee. Then why, for example, doesn’t the personnel officer write: “The records are correct. HR inspector A.A. Samoilov"?

The fact is that HR workers and accountants, unlike office management specialists, in this case do not quite correctly understand the word “assurance.” The phrase “certified by signature” should be understood literally, verbatim. “Certify by signature” simply means reproducing the signature on the relevant document.

To decrypt or not?

Another common mistake is that after the person responsible for signing maintaining work records(or even next to it) it is completely incomprehensible whose personal signature appears without any decoding.

The fact is that some experts consider it sufficient, instead of the full “signature” requisite, to enter only part of it in the form of a personal signature. In their opinion, a signature and a personal signature are identical things. Naturally, this is not so.

A personal signature without decoding loses its meaning, since it does not allow personification of the person who produced it. Sometimes it can even be difficult to understand that a certain graphic symbol, written by hand, is someone’s personal signature, since some people have very peculiar strokes that represent a signature, for example, these:. Particularly original are the signatures of workers from other countries, where the writing system is quite different from the one to which we are accustomed.

For these reasons, decryption is required. However, there are objections here too.

It is believed that decoding the signature (personal signature) of the employee when closing a block of records is not necessary, since the employee signed on the title page work book and it is always possible to compare one personal signature with another. At first glance this seems reasonable. But let’s imagine that the resigning employee is a woman who got married and changed her last name. On the title page work book appropriate changes have been made. For example, a worker had the surname Volkova, but after her husband she became Zaitseva. On this basis, according to all the rules, the previous surname “Volkova” was carefully crossed out, and the new surname “Zaitseva” was entered in place of the old one. However, on the title page of the work book, this employee did not put another signature corresponding to her new surname, because this is not provided for by the rules. Again, it turns out that the signature without decoding, which certifies a block of records upon dismissal, is “ownerless.”

With or without a position?

Another option is when the employee’s signature is not made entirely according to the rules: there is a personal signature, there is a transcript, but there is no indication of the employee’s position, for example, “I.I. Ivanov."

But the absence of an indication of the position makes the “signature” attribute incomplete. In addition, the signature of the person responsible for maintaining work records and the signature of the dismissed employee must be made according to the same rules, since clause 35 of the Rules does not distinguish between them. Thus, the signature of the person responsible for maintaining work records is simply unthinkable without indicating the position (see Example 3). Then why is such an instruction ignored when the employee signs? In the author's opinion, both signatures should be reproduced according to similar rules.

Sometimes a rather unusual argument is given against indicating the position in the employee’s signature in the work book. It is believed that the resigning employee is already a “cut off piece”, that is, he is no longer an employee, and therefore there is no need to indicate his position, since he does not have one.

But such an argument contradicts the norms of the Labor Code of the Russian Federation. According to Art. 84.1 of the Labor Code of the Russian Federation, the day of dismissal (the day of termination of the employment contract) is the last day of work. On this day, a record of dismissal must be made (clause 10 of the Rules), and also issued employment history into the hands of the employee. This day is indicated on the timesheet as worked. That is, on the last day of work, a person is still working according to the labor function stipulated by the employment contract, which means he is performing work according to his position in accordance with the staffing schedule (Article 15 of the Labor Code of the Russian Federation). Thus, the position of the dismissing employee does not go away.

All these arguments indicate the need to indicate the position in the employee’s signature.

At the same time, there is one caveat. Let's imagine that the departing employee held the position of legal adviser. His signature will look like this:

Now let’s imagine that an engineer of automated process control systems of the technical support department is leaving (this is what this name looks like according to the staffing table, the employment contract with the employee and the employment record work book). Reproducing such job titles may take up half a page in work book(depending on the employee’s handwriting). It is clear that this can be extremely inconvenient. Another interesting situation may arise when maintaining work records is engaged, for example, by a personnel inspector, and the dismissed employee has a similar position. What to do in these cases? According to the author, you can replace the job title with the word “employee”:

The fact is that paragraph 35 of the Rules says that “all records ... are certified ... and signed by the employee himself.” At the same time, GOST R 6.30-2003 will be formally observed, and both signatures (of the one who makes entries in work book, and the resigning employee) will be carried out uniformly.

The author advises employers not to get carried away with long and “florid” job titles. This is not always convenient for personnel records management, and in addition, problems with personnel changes may arise.

Place for signatures and seal

It is accepted that the signatures of the person responsible for maintaining work books and the employee are located in column 3, one under one, without skipping lines.

As already mentioned, sometimes the personal signature of the resigning employee is on the same line as the signature of the secretary or personnel inspector. This is completely unacceptable. First, it may appear that the second signature was made again by the secretary (or HR inspector), especially if his “real” signature is completely covered (hidden) by the seal impression. Secondly, if these two signatures are made according to all the rules, then they cannot fit on one line. Thirdly, clause 35 of the Rules establishes the sequence of signatures - first the signature of the responsible person, then the employee.

Strictly speaking, after the responsible person has signed, he must immediately affix a stamp. But in practice, the stamp is often placed after the employee has signed. This is probably done in order to most optimally place the seal impression.

According to the rules established in practice, the seal impression should not hide personal signatures, as well as important details of the document or the text itself. The seal should cover a little only the name of the position. But employment history has a small format (size employment history the same as a general passport), and it is not always possible to successfully place the seal impression. Some people put a stamp on the right, and then it makes it difficult to read the details of the dismissal order. It is quite possible that when applying for a pension, employees of the Russian Pension Fund will require an archival certificate to confirm this period of work experience, which can be quite difficult over time. It is also impossible for the seal imprint to hide the date of dismissal, because the date of dismissal indicated in column 2 is very important for calculating the length of service.

The author advises not to be afraid to put a stamp so that it occupies the bottom empty lines. This is completely acceptable. The next organization will open its block of records, skipping the lines occupied by the seal of the previous organization. These lines are not empty, as some experts incorrectly believe. They are occupied by the provided attribute, even if this attribute does not occupy these lines across their entire width.

What seal?

According to regulatory documents in work book It can be affixed with both the seal of the organization itself and the seal of the HR department.

The HR department seal is not mandatory; most often, employers make do with only one seal for all cases. Moreover, if there is still a seal of the HR department, you should keep in mind that it is affixed only to the HR officer’s signature. If, for some reason, the dismissal record is drawn up by the manager himself (for example, in the absence of a personnel inspector at work), then his signature can be certified exclusively by the seal of the organization. At the same time, the opposite situation (the seal of the organization is affixed to the HR officer’s signature) is absolutely legal even if the organization has the seal of the HR department.

If the organization does not have a personnel department, then ordering a seal for the personnel department is completely impractical. In such cases, many people use seals that say “for documents” or “for personnel documents.” However, the Rules and Instructions indicate specifically the seal of the personnel department (i.e., the seal of the corresponding structural unit), and not some other simple seal. That is, use the seal “for documents” or “for personnel documents” in work book incorrect. However, inspectors very rarely pay attention to this. But if you strictly follow these regulations, the secretary must certify his signature in the work book only with the seal of the organization.

So, the dismissal record has been made and certified by signatures and seal and handed to the employee. At the same time, you must remember to give the employee a personal card in the T-2 form and a Traffic Record Book for signature work records. After this, cooperation with the employee can be considered completed.

* * *

Thus, the registration procedure work book when dismissing an employee, it requires extreme care and knowledge of certain nuances, which are not mentioned either in the Rules or in the Instructions. Undoubtedly, some of these nuances are only of a formal nature, and small errors will not entail administrative punishment in the form of a fine (although they may be noted in the inspection report of the labor inspectorate). But we must remember entries in the work book demonstrate to other organizations how seriously and responsibly the employer approaches HR procedures and its personnel. In addition, in our country you never know how the next reform will turn out and what the consequences of today’s minor mistakes will be. Well, and, probably, the most important thing is the professional pride of a specialist, who should not allow him to neglect even the slightest rules in his professional field.

Changed rules for maintaining work books? Yes!

Everything was simple before. New work bookWe started it only for an employee who was applying for his first job. If the previous work book was lost or damaged, a duplicate was issued instead. Now in both cases we must issue a new work book! What opportunities do the new provisions of the Labor Code open up for unscrupulous workers? All the details are in the article “Instead of a duplicate, we issue a new work book”, published inAugust issue of the magazine“Office management and document flow at the enterprise” for 2007.

3 Please note that entries in the work book are made without any abbreviations. At the same time, the initials in the “signature” attribute are not an abbreviation in this sense, so it is not necessary to write the full name and patronymic.

4 At the same time, the receipt and expenditure book for accounting forms of work books and inserts is mentioned in the All-Russian Classifier of Management Documentation and is subject to GOST R 6.30-2003. Also included in this classifier is a document such as a book of a shepherd (herder, herdsman, etc.).

5 Note that the employee’s signature is removed in work book, if he was directly present when registering the dismissal on the last day of work. Exceptions to this rule are cases when the employee is absent from work on that day or for some reason refuses to sign the work book (clause 39 of the Rules).

6 For example, if a structural unit is indicated in the employment contract along with the name of the position, an employee can be “moved” to another department (shop) for the same position only through transfer, and not through a more convenient transfer in this case.