From what moment were the seals in work books canceled? Does everyone have the right to refuse seals in work books? Is it necessary to issue an order to refuse the use of seals? Let's figure it out.
From April 7, 2015, organizations may refuse to use round seals. They had such a right after the Federal Law of 06.04. 2015 No. 82-FZ. From this date, LLCs and JSCs have the right to independently decide whether they have a seal.
But is it necessary to put stamps in work books? This question worries a lot of personnel officers and accountants. Moreover, this issue is important for employees as well. After all, many will be very unhappy if there are no seals in their work books.
The obligation of LLCs and JSCs to use the seal can only be established in federal law (paragraph 1, paragraph 7, article 2 of Federal Law No. 208-FZ of December 26, 1995, paragraph 1, paragraph 5, Article 2 of Federal Law No. 14 of February 8, 1998 -FZ). However, the requirement to use a seal to certify records in work book v federal laws no. It turns out that organizations have the right not to stamp work books if they do not have a seal.
However, there are by-laws that oblige organizations to stamp on title page and upon dismissal. Such requirements include:
At the same time, it is interesting that Rostrud, in a letter dated May 15, 2015 No. 1168-6-1, reported that organizations are still required to certify entries in work books with seals.
The result was a controversial situation: the law allows not to have a seal from April 7, 2016, and Rostrud insists on the mandatory affixing of seals in work books.
The Ministry of Labor decided to correct the current situation and prepared a draft order “On Amendments to the Instructions for Filling out Labor Books”. These documents provide for changes to paragraphs 2.2 and 2.3 of the Instructions, according to which the seal in work books on the first sheet is affixed only “if available”. That is, if the organization does not have a seal, then it is not necessary to affix a seal imprint.
The Ministry of Labor has also prepared a draft clarification on the Rules for maintaining and storing work books, preparing work book forms and providing employers with them.
Officials explain the following:
These projects were later officially approved, namely:
Order of the Ministry of Labor of Russia by order of October 31, 2016 No. 589 “On approval of clarifications on certain issues of applying the rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On labor books";
Order of the Ministry of Labor of Russia dated October 31, 2016 No. 588n “On Amendments to the Instructions for Filling out Work Books, approved by the Decree of the Ministry of Labor and social development Russian Federation dated October 10, 2003 No. 69”.
A year and a half has passed since the abolition of seals in work books, and employers and their employees still have questions and doubts. Let's try to resolve them.
Let's see if all organizations have the right to refuse to use seals in work books? What do laws and regulations say about this?
On April 6, 2015, Federal Law No. 82 “On Amendments to Certain Legislative Acts of the Russian Federation with regard to the abolition of the obligation to print business entities” was signed. The legal act came into force from the moment of publication, from April 7, 2015. Its main message: from this date, organizations (JSC and LLC) can accept independent solutions whether to have them printed.
It is not easy psychologically to give up the familiar, moreover, according to Russian laws, printing is mandatory for the circulation of documents strict accountability, including reports for tax authorities, etc. Before we figure out how this innovation will affect the filling out of work books, whether printing is now required in the work book when applying for a job, let's add clarity to the issue of legislators' motivation.
The conclusion of the legal department of the Federation Council on the aforementioned law states that its legal consequence should be the simplification of business document management "taking into account the widespread increase in the use of electronic signatures."
The goal is clear, but questions remain, because so far some legal acts contradict others, their “synchronization” is required. Especially in terms of the process of keeping records in paper versions of documents, including work books.
Only federal legislation can oblige LLCs and JSCs to use the seal or give the right not to use it. However, the current federal laws simply do not require the use of a seal to certify entries in a work book. So there is no such strict legal obligation?
But in by-laws valid on this moment, there are provisions obliging companies to put a seal on the title page, and a seal is also required in the work book upon dismissal. These are the acts:
It turns out that the rules prescribed by Rostrud contradict the new Federal Law. In addition, both employers and their employees, so far, are distrustful of the idea of the absence of seals in the work book. This, many believe, reduces the "weight" of the document and gives rise to abuse.
Do you need a stamp in the work book? The Ministry of Labor decided to correct the ambiguity of the situation. Its specialists developed a draft order "On Amendments to the Instructions for Filling out Work Books". Corrections are proposed to be made to subparagraphs 2 and 3 of paragraph 2 of the Instruction. Based on these changes, the Ministry of Labor also drew up a draft clarification of the Rules for maintaining and storing work books, preparing their forms and providing employers with them.
So far, these documents are available only in the form of drafts. But, since the law itself has already entered into force, then it can be applied without waiting for detailed explanations. If the employer, in principle, is interested in such a simplification of the workflow.
As we found out, this document is not stamped if the LLC or JSC does not have it. Such data: about the presence of a seal - must be recorded in the Charter of the organization. So, in order to refuse the presence round seal and its use in record keeping, it is necessary to make an appropriate adjustment to the Charter. It must be clearly and unambiguously recorded that the company does not have a seal.
When the presence of a seal is provided for by the Charter of the organization, then it must be affixed in the work book.
If the Charter of the organization contains a provision that it does not have a seal, then you can do without it when filling out a work book.
Is it considered a mistake if the employer put one stamp on the employment record, the second - on the dismissal record?
Specialists of the State Labor Inspectorate in the Voronezh Region explained that, according to clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69, information about work is filled in in the following order. In column 3 of the section "Information about work" of the work book, the full name of the organization, as well as the abbreviated name of the organization (if any) are indicated in the form of a heading.
Under this heading in column 1 the serial number of the entry being made is put, in column 2 the date of employment is indicated. In column 3, an entry is made about acceptance or appointment to a structural unit of the organization indicating its specific name, position (job), specialty, profession, indicating qualifications, and column 4 contains the date and number of the order (instruction) or other decision of the employer, according to to which the employee is hired.
According to clause 5.1 of the said Instruction, the record of dismissal (termination of the employment contract) in the work book of the employee is made in the following order:
column 2 indicates the date of dismissal (termination of the employment contract);
column 4 indicates the name of the document on the basis of which the entry was made - an order (instruction) or other decision of the employer, its date and number.
Upon dismissal of an employee (termination of 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. This is stated in paragraph 35 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”.
Thus, the employment record does not need to be certified by the seal of the employer, since upon dismissal, all entries made in the work book of the employee during the time of work with this employer are certified.
However, the employer can certify relevant records (for example, on the employment of an employee) immediately after they are made. Since, according to paragraph 35 of the Rules, all entries made in the work book must be certified, that is, without any exceptions, therefore, the record of the dismissal of the employee, if the previous entries in the work book have already been certified by the employer, must also be certified in the prescribed manner.
Labor legislation does not contain a ban on repeated (including repeated) affixing of the seal and signature of the employer in the work book.
A work book is a very important document that everyone needs to keep track of seniority. Therefore, it must be filled in accordance with the requirements of the law. Personnel officers who do not have much work experience are interested in whether it is necessary to put a seal in the work book when applying for a job.
Before any employer, this question must have once arisen when hiring, dismissing, transferring from one structural unit to another employee. The seal has its own clear location, which cannot be changed - it is placed either on the title page, always in the upper right corner, or inside the book.
When entering the employee's data, the employer must put a seal on the title page, but before the seal, the employee's personal data must be indicated:
After the data is entered, the employee signs on the title page, confirming the accuracy of the information. Only after that is the seal put. It is worth noting that all these data are filled out only on the basis of certain documents - passports, diplomas, etc. Without any document confirming the information about the employee, the personnel officer does not have the right to enter them in the work book. Therefore, for those who do not know whether a seal is put in the work book when applying for a job, it must be said that it is put if the work is issued for the first time. Its location is the title page.
Where is the stamp placed when changing employee data? The need to change data usually arises when an employee changes their last name, first name, fatherland or other data. At the same time, the previous entry is carefully crossed out with one solid line, after which new data is entered on the basis of the documents provided by the employee. At the same time, an authorized employee puts his seal and signature on the back of the cover.
There are situations when the necessary pages of the work book are already filled out. In this case, the employee is given an insert. At the same time, a stamp is placed on the title page informing about the issuance of the insert. Without a work book, this insert is invalid.
During the dismissal of one's own free will or for other reasons, the head (or the person acting for him) puts his signature and seal in the work book.
The sequence of entering data into the work book when applying for a job:
According to the legislation of the Russian Federation, legal entities must have their official seals, which are placed on almost all documents.
These documents include:
If you need to decide whether a seal is put in a work book when applying for a job, you should refer to the legislation. Among the main points when a seal is placed is only the initial filling of labor and dismissal. Therefore, the stamp is not put on admission.
If an employee decides to change his job for any reason, he must definitely take his work book from the personnel department (or directly from the boss). After that, the owner of the labor transfers it to the hands of the new bosses. If it turns out that there is no seal, the work book may be considered invalid at the new place of work. In this case, the employee has two options:
The first option is often unacceptable for an employee, since in this case data on insurance and work experience are lost, which will negatively affect the size of the pension in the future. The second option is most preferable - if you can easily apply to your previous job. At the same time, the employee submits a request to restore the necessary seal on the cover page. If the former boss refuses to satisfy the request, then the employee has the right to sue. The main thing is not to delay, since the organization may undergo certain changes, and then it will be impossible to restore the work book.
If everything is clear with whether a seal should be put in a work book when applying for a job, you need to pay attention to such a common problem as errors in records.
An organization has not one seal, but several. It happens that the personnel officer or other responsible person mistakenly puts not the seal of the organization, but a stamp. Correct printing, of course, is impossible. Therefore, they resort to this method: in the line below they put the correct seal, without making any additions.
Employees of the personnel department when filling out a work book very often make mistakes. And although these mistakes can be quite miserable (Natalia - Natalia), they play a significant role and can bring a lot of problems. If an error is made in the work book, it must be corrected, otherwise the document may be considered invalid.
To correct a mistake in the name, you need to cross out the wrong information on the title page with a thin, single, but noticeable line and write the correct information at the top (or on the right). You should also indicate the document that served as confirmation for the data change.
When the data that has been corrected is checked by the owner of this document, the personnel officer is obliged to indicate his position, full name, date of correction and seal of the organization in which he works. Now the entries made in the work book are authentic and legally binding. The seal, which is already located inside the work book, is usually placed in such a way as not to cover part of what is written (for example, to hide part of the surname or the exact year of birth).
This nuance is actually very important, since such a work book can be considered falsified. Therefore, it is very important for any personnel officer to figure out whether a seal is put in a work book for employment.
The work book, today, remains the main documentary evidence work biography and experience of each citizen. All information contained in it is entered into this document according to special rules.
One of them requires that a number of records must be certified with the seal of the organization where they were made. Everything is important: what kind of seal is in the work book, what records it certifies, and even how its print looks. Failure to comply with the requirements may result in part of the experience being unconfirmed. And the employee will have to spend a lot of time to correct this error.
Especially in order to unify the filling of such a document as a work book, in 2003 the Ministry of Labor created and approved an Instruction (Resolution N 69 of 11/11/03). It is this normative act regulates what and where entries are made and when the seal is put in the work book. Let's consider those cases when it is necessary.
When completing the first page
When an employee finds a job for the first time, the employer's personnel department creates a work book for him and enters information on the first page:
The employee checks whether everything is correctly recorded and confirms this with his signature. Then the information is certified by the signature of the personnel officer and the seal (clause 2.2 of the Instruction). The seal is affixed to this page a second time if any data changes. Most often this is a surname, but there may be other options.
Termination of employment for any reason is also reflected in the work book. It makes a record of dismissal with an indication of the reason ( own wish, reduction, disciplinary action, translation, etc.). Then the information entered is certified by the signatures of the manager and employee. Printing in the work book upon dismissal is required.
Rarely does anyone work in one place. Sometimes there are not enough pages to make entries in the work book. In this case, it is supplemented with an insert. It is not a standalone document and is not valid by itself. An entry certified by the seal is made that the insert has been issued.
The law requires that the seal certifies only strictly defined entries in the work book. But sometimes, after the dismissal, it turns out that a record of the transfer within the organization was missed. In this case, at the request of the employee, the missing entry can be made. It is entered after printing on the dismissal record. It also requires mandatory certification by a seal.
Sometimes the question arises, what kind of seal should be in the work book. The instruction allows the use of both the seal of the organization and the personnel service itself, if there is one in the organization. But there is one important point here. The fact is that the seal of the personnel department in the work book cannot be placed after the signature of the head. But it is quite acceptable to certify the signature of the personnel officer with the seal of the organization. Experts advise to use it in all cases in order to avoid misunderstandings.
There are also certain requirements for the location of the print. If they are violated, there may be doubts about the reliability of the records. And the employee will have to submit additional documents, such as an employment contract or copies of orders to confirm his length of service. Therefore, it is better to do everything right in advance.
On the first page, where information about the employee is entered, everything is simple. The place for printing is already marked there. It should be at the bottom left. But it is desirable that the stamp go to the signature of the one who filled out the title page of the book. But when making changes to this page, the seal is already placed on the cover, from the inside.
On dismissal records, the seal is affixed in such a way that it captures part of the title of the position and the signature of the employee who certified the record. And also the signature of the employee about familiarization with the record should be visible. Along with making entries unreadable, fuzzy printing in the work book is also unacceptable.
As mentioned above, it is allowed to use for work books not the round (stamp) seal of the employer, but the square stamp of the personnel service. However, in reality, such registration may raise questions from employees of the Pension Fund or other employers. But in fact, more often misunderstandings arise if there is an unreadable seal in the work book or it is completely absent.
There are not too many requirements for printing. It should be easy to read the full name of the employing organization. And it must match the one indicated in the admission record.
It is quite simple to deal with the situation when the seal was poorly stamped in the work book. In this case, the second, clear, imprint is simply placed next to the first. You do not need to cross out anything, as well as make a note about the correction. Such a double seal is not a violation of the rules and will not raise questions, unlike a smeared or too pale stamp.
The reason that at the time of the dismissal of the employee the details of the employer have changed may be the reorganization carried out. Or work in a large corporation and transfers within it. There are two ways to resolve the issue with a mismatch of details in the records:
There are really a lot of requirements for filling out work books, and in particular for stamping them. But this is logical, given the great importance of this document. The personnel service needs not only to know, but to strictly comply with the requirements of the instructions. So that an entry in a work book without a seal does not become an employee's problem.
Neither the Rules nor the Instructions indicate that when making corrections to the employee's work book in the sections "Information about work" and "Information about the award", it is necessary to put any and / or any kind of signature, including the signature of the employee responsible for the maintenance, storage, accounting and issuance of work books (of course, if it is not an erroneous final record of dismissal that is corrected, which is certified by a signature, and because it is a final record of dismissal, and not because it is corrected).
If the personnel department is singled out as a separate structural unit, it may have its own, on which, in addition to the main details of the organization, there will also be a corresponding inscription. Paragraphs 2.2 and 2.3 of the Instructions for filling out work books allow the seal of the personnel service in work books (on the title page, inside covers). In addition, the seal of the personnel service can certify copies of personnel documents issued at the request of an employee.
A private entrepreneur has the right to refuse printing, but in some situations it is necessary. What difficulties can an IP face in its absence and is its production mandatory?
For all rights and obligations, an individual entrepreneur is equated to legal entity. The activity of entrepreneurs is regulated by the same laws as commercial organizations. These rules are set out in s.
A work book is a very important document that everyone needs to take into account work experience. Therefore, it must be filled in accordance with the requirements of the law. Personnel officers who do not have much work experience are interested in whether it is necessary to put a stamp in the book when applying for a job.
Before any employer, this question probably once arose when hiring, dismissing, transferring an employee from one structural unit to another.
The issue of the need for an individual entrepreneur (SP) to have a seal is discussed in some areas of activity. Some individual entrepreneurs are convinced that the state does not require such a requisite. However, there is another point of view, stating that it is necessary. Let's consider cases when an individual entrepreneur needs or does not need a seal.
Supporters of this position refer to the Law on state registration IP.
Is it necessary to put a seal in the work book when applying for a job “> hiring? Or only upon dismissal? If it was put, is it a violation. The book was started for the first time, they also put it on the title page.
- the surname, name, patronymic of the employee are indicated in full, without any abbreviations or replacement of the name and patronymic with initials on the basis of an identity document (p.
An individual entrepreneur accepting employees must have a seal. According to Article 66 of the Labor Code of the Russian Federation, the employer is obliged to properly maintain work books for each employee who has worked for him for more than five days. In accordance with paragraph 3 of the "Rules for maintaining and storing books, making forms of a work book and providing employers with them" individual entrepreneur, is obliged to keep work books for employees in the manner prescribed by Labor Code RF and other regulatory legal acts of the Russian Federation.
As of April 7, 2015, most organizations are no longer required to use round. However, the question of whether it is necessary in personnel work still does not contain a clear answer.
Now societies with limited liability and joint-stock companies are not required to have. Corresponding changes were made to the Law “On joint-stock companies”, the Law “On Limited Liability Companies” and other legislative acts 1 .
According to the first part of Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties.
In accordance with the first part of Art. 61 of the Labor Code of the Russian Federation, the contract enters into force from the day it is signed by the employee and the employer (unless otherwise provided by federal laws, other regulatory legal acts of the Russian Federation or the contract) or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.
The organization during its activities produces a lot of documents. And most of them are contracts. Civil law does not require mandatory presence on contracts. When making transactions, sealing contracts is considered only an additional requirement (clause 1, article 160 of the Civil Code). If there is no such indication in the legislation of the Russian Federation or in the contract itself, then there is no need to seal the contract with seals.
From the school bench, we learned: a document without is invalid. So we put it on almost all the papers - you can’t spoil the porridge with oil. But is it really necessary? On what personnel documents do you really need to make an impression, and which ones can do without it?
We often receive letters to the editorial office with questions that are somehow related to correct use print.
Previously, before April 2015, if there was no seal on the documents, the consequences in this case could be sad. In the event of a dispute with a counterparty or with a regulatory authority, a document issued without a seal could be invalidated. Therefore, some accountants put a seal on all documents, even on those that do not need a print.
In general, you can not bet on contracts with counterparties.
1 answer. Moscow Viewed 280 times. Asked 2011-12-22 12:38:29 +0400 in the subject “Labor law” Badly printed in the labor law - Badly printed in the labor law. Further
0 replies. Moscow Viewed 13 times. Asked 2013-02-19 14:17:46 +0400 in the topic "Labor Law" In the work book, the personnel officer made an entry about hiring. - In the work book, the personnel officer made an entry about hiring.
we report the following. What the employer put when hiring is a violation of labor law. Whether it is rude, unfortunately, it is not possible to qualify, since in labor law there is no classification of violations of the law.
Correctly filling out the work book will avoid many problems, both for the employee and the employer. Therefore, during the initial execution of such a document, the dismissal of an employee, and in some other cases, it is necessary to decide where it is correct to put the seal in the work book. Many depend on it important points, for example, the validity of a perfect record.
The seal of the organization or the seal of the personnel service is placed in the following places:
In the information about work, the seal of the employing organization is put only once - upon dismissal.
When applying for a job, only an appropriate entry is made containing:
To exclude a situation where HR specialists have questions related to the validity of the work book, you need to correctly position the seal. In this regard, it should capture the name of the employee's position partially so that the employee's signature and its transcript are easily read. They should not cause any doubts. In addition, the stamp itself left by the seal must be clear, legible, well readable and visible.
The current legislation establishes a provision according to which two types of seals can be distinguished that can be used by the subject of labor relations - the employer. These include the following:
It is most correct to affix the seal of the organization wherever it is legally provided for the affixing of the signature of an authorized person and the seal. It must be placed over the signature of the head of the enterprise or another person authorized to perform such an action. It is this seal that carries the highest legal force, in contrast to the stamp of the personnel department. It must also be placed on copies of work books, documents on the employee's education, various certificates issued by the personnel department, and extracts from work books.
However, in a letter Federal Service on labor and employment provides some clarifications on this issue, including the following. If the seal contains information about the name of the organization, the place of its actual or legal location, then this should not entail a violation of the rights of employees, since it is a kind of confirmation that he was employed by a particular employer.
Sometimes, for certain reasons, personnel workers put the wrong seal, or it was in the wrong place. Despite the fact that such an outcome of events is undesirable and may lead to unpleasant consequences, do not despair. There are several solutions to this problem.
If there is no seal of the organization, it is better to immediately contact the management previous place work to put it down.
If the main details of the enterprise are indicated incorrectly, for example, the company has undergone a reorganization procedure, and new seals have not yet been made available, then you can:
Thus, if the question arises whether a seal is needed in a work book, the answer will be unambiguously positive. This seal must be strictly certain form and must contain the name of the enterprise and its legal address. In addition, to avoid unpleasant consequences in the future with pension fund when calculating the amount of the pension, potential employers when applying for new job and other subjects, follow the correct placement on the pages of the work book.
A year and a half has passed since the abolition of seals in work books, and employers and their employees still have questions and doubts. Let's try to resolve them.
Let's see if all organizations have the right to refuse to use seals in work books? What do laws and regulations say about this?
On April 6, 2015, Federal Law No. 82 “On Amendments to Certain Legislative Acts of the Russian Federation with regard to the abolition of the obligation to print business entities” was signed. The legal act came into force from the moment of publication, from April 7, 2015. Its main message: from this date, organizations (JSC and LLC) can make independent decisions whether they have seals.
It is not easy psychologically to give up the familiar, moreover, according to Russian laws, printing is mandatory for the circulation of strict reporting documents, including tax reports, etc. Before we figure out how this innovation will affect filling out work books, is now printing in the work book when applying for a job, we will add clarity to the question of the motivation of legislators.
The conclusion of the legal department of the Federation Council on the aforementioned law states that its legal consequence should be the simplification of business document management "taking into account the widespread increase in the use of electronic signatures."
The goal is clear, but questions remain, because so far some legal acts contradict others, their “synchronization” is required. Especially in terms of the process of keeping records in paper versions of documents, including work books.
Only federal legislation can oblige LLCs and JSCs to use the seal or give the right not to use it. However, the current federal laws simply do not require the use of a seal to certify entries in a work book. So there is no such strict legal obligation?
But in the by-laws that are currently in force, there are provisions obliging companies to put a seal on the title page, and a seal is also required in the work book upon dismissal. These are the acts:
It turns out that the rules prescribed by Rostrud contradict the new Federal Law. In addition, both employers and their employees, so far, are distrustful of the idea of the absence of seals in the work book. This, many believe, reduces the "weight" of the document and gives rise to abuse.
Do you need a stamp in the work book? The Ministry of Labor decided to correct the ambiguity of the situation. Its specialists developed a draft order "On Amendments to the Instructions for Filling out Work Books". Corrections are proposed to be made to subparagraphs 2 and 3 of paragraph 2 of the Instruction. Based on these changes, the Ministry of Labor also drew up a draft clarification of the Rules for maintaining and storing work books, preparing their forms and providing employers with them.
So far, these documents are available only in the form of drafts. But, since the law itself has already entered into force, then it can be applied without waiting for detailed explanations. If the employer, in principle, is interested in such a simplification of the workflow.
As we found out, this document is not stamped if the LLC or JSC does not have it. Such data: about the presence of a seal - must be recorded in the Charter of the organization. This means that in order to refuse the presence of a round seal and its use in record keeping, it is necessary to make an appropriate adjustment to the Charter. It must be clearly and unambiguously recorded that the company does not have a seal.
When the presence of a seal is provided for by the Charter of the organization, then it must be affixed in the work book.
If the Charter of the organization contains a provision that it does not have a seal, then you can do without it when filling out a work book.
Dear readers! The materials of the site site are devoted to typical ways of solving tax and legal issues, but each case is unique.
If you want to know how to solve your particular issue, please contact us. It's fast and free! You can also consult by phone: MSK - 74999385226. St. Petersburg - 78124673429. Regions - 78003502369 ext. 257
By general rule if the organization that made the incorrect or inaccurate entry is liquidated, the correction is made by the employer at the new place of work on the basis of the relevant documents (for example, a copy of the dismissal order).
When an employee is dismissed, all entries made in his work book during his work with this employer must be certified by the signature of the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself. But it may also turn out that the entries in the work book of the employee, made by the last employer are not stamped. And this employer, by the time the employee goes to work for another employer, has already been liquidated and excluded from the Unified State Register of Legal Entities. Can new employer to correct the absence of the seal of the previous employer in the work book? This question was answered by the Deputy Head of Rostrud Shklovets Ivan Ivanovich: “If the employee has documents confirming his acceptance and dismissal, the new employer has the right to make corrections to the work book. However, the absence of a seal that certifies the records of the previous employer cannot be corrected. One of options in this situation - to draw up a new work book upon a written application of the person entering the job, indicating the reason for the need to draw up a work book.Keep in mind that a new employer has the right to accept such a person for the main job only if he has documents confirming his dismissal from his previous job (for example, a copy of the dismissal order). Otherwise, he can take him to work only part-time.In addition, in the case when the work book does not contain the seal of the previous employer, it is considered improperly executed, therefore, when calculating insurance experience for payment hospital employer you will have to use other documents (the same copy of the dismissal order).In the future, the employee may have problems with the employment service (which may not count the specified periods in the period of paid work for calculating unemployment benefits), as well as with the Pension Fund of the Russian Federation when assigning a labor pension. To summarize: if an employee has a copy of the dismissal order in his hands, then making a job entry in his work book in the absence of a previous employer's seal in it is not fraught with anything serious either for you or for the employee. Do not forget to attach a copy of the copy of the dismissal order to the employee’s personal file. You will need it: you - to confirm the correctness of the calculation of the employee's insurance experience for calculating social insurance benefits; employee - to confirm the length of service for benefits and subsequently to assign a pension. If the new employee does not have any documents confirming the dismissal from former place work, and you take him to the main job, then it is better to get him a new work book at his request. After all, during the inspection, the labor inspectorate may consider that you illegally hired an employee for the main job, and fine you for violating labor laws.
