According to the law, when concluding a contract between an employee and an employer, a trial period is provided, and in connection with this, the question may arise as to whether an entry is made in the work book during probationary period? This period is discussed in Article 70 of the Labor Code of the Russian Federation.
Why do they record?
According to the law, employment documents are issued to all employees. According to the rules, the employer is required to make an appropriate entry within five days. You can do without it in some cases, for example, during an internship for studies by agreement of the parties.
In other situations, registration takes place officially. Otherwise, the employee may not be paid. At the same time, an agreement may be attached to the contract, according to which the employee is invited to undergo testing under the following conditions:
- it can last up to three months for all positions except managers, while chief accountants sometimes work under such conditions for up to six months;
- the salary is assumed to be similar to the regular salary;
- the employee must be familiar with his duties and must sign the relevant document;
- Based on the results of the trial period, a rating is given.
In the last paragraph, an important role is given to what may become grounds for dismissal. At the same time, the question often arises as to whether this period is recorded in work book? But the answer is obvious. Of course, this time must be formalized, since it is no different from permanent employment in terms of legality. And according to the special Rules on maintaining work books, all data about the new employee must be entered in them.
How to avoid a negative entry
However, some employees who are on probation do not want to be recorded. After all, it is unknown whether the employee will work for the company or not, and, naturally, you don’t want to spoil your personal document.
But there is hardly any need to fear this. After all, the first entry that is indicated is standard. And in the future, it depends only on the employee whether he will pass the test or not, as well as what entry will be in the document if it turns out that he did not pass the probationary period.
Read also Making an entry in the work book under a fixed-term employment contract
On the other hand, the employee can also evaluate the organization and personally terminate the contract if the conditions do not suit him.
In addition, even if the employer gets the impression that the employee is not coping with his duties, and he wants to make just such an entry in the work book, then there must be documentary facts and good reasons for making it.
As a rule, the parties decide to terminate the employment contract in a civilized way. Therefore, a bad mark is recorded in the book only if the employee has shown himself to be very irresponsible.
The entry in the document may differ only in the reason. Therefore, you need to know exactly how the mark is made in the event of dismissal at the end of the probationary period.
If the contract specifies a clause regarding the conditions during the test, then the order can also be based on it. Then the employee will not have to pay severance pay. This is possible in cases where the employee and employer have not agreed to terminate cooperation. In this case, the employee submits an application no later than three days before the end of the probationary period. If such an application is submitted by a citizen, then the employer indicates the reason for dismissal at will employee.
By law, an employee can write such a statement at any time he wishes. Under normal conditions, upon dismissal, you must work for a two-week period. And in the case of temporary work on probation - no more than three days. If the citizen has not submitted the appropriate application, the employer may terminate the contract, indicating the reason in the form of unsatisfactory results.
Record of negative check completion
Hiring with a probationary period is established so that the employer has the opportunity to take a closer look at the employee and make sure that he will perform his duties in good faith. This right is enshrined in Art. 71 Labor Code of the Russian Federation.
Dismissal
To comply with the requirements of the law and protect itself from possible legal proceedings that could be initiated by an offended employee, the company must act strictly according to established rules, which include the following:
- Upon entering the position, the employee personally agreed to a probationary period. He was familiarized with the conditions.
- The employee also studied the instructions and all the criteria for assessing his future activities during the probationary period.
- He was informed that he could be fired early if violations were discovered. Then the company has the right to indicate in the work book an entry that the subject does not correspond to the position held.
- When deciding to dismiss an employee, the company must notify him at least three days in advance. This must be done in writing and attached Required documents which became the basis for this decision. If no signals are received from the employer, then the employee is considered to be hired on a permanent basis automatically.
- The employee may avoid signing the notice. Then the employer draws up a corresponding act, in accordance with the accepted rules.
- The calculation is made on the basis of Articles 127 and 140 of the Labor Code of the Russian Federation.
- On the last working day it is done last record, and the document is issued to the dismissed employee. He, in turn, signs the accounting book and personal card.
In order to accurately answer the question of whether to make an entry in the work book for the acting director, it should be clarified that this position is temporary. From this point of view, there are some nuances that depend on the purpose of the appointment. If the director went on vacation, and the acting is required only for the period of its replacement, then no entry is made. However, if the director was dismissed and a temporary one was appointed in his place on a probationary period, then an entry must be made, since this person can become a permanent full-fledged director after the expiration of the probationary period.
Who is the acting?
To clarify when entries should be made in the work book, it is important to understand what the position “acting” means. From a legal point of view, the performance of duties is a temporary assignment that can last no more than one month. During this period, the employee’s payment increases in accordance with the increase in responsibilities, which occurs on the basis of an issued order. The Labor Code clearly states the rules according to which, after the specified period, the employee must be returned to his previous position or transferred to permanent job as director.
The exception is when a special agreement was concluded between the employee and the employer, which specified other deadlines for the performance of duties. If the employee refuses the offer or this work is absent, he should be released from work in the manner prescribed by law. Such an entry stating that the employee is an acting employee cannot be entered into the work book. According to the Labor Code, duties cannot be performed as a vacant position unless an official transfer is provided.
Temporary appointment
An appointment for temporary transfer to the position of director is possible in the absence of the director. Most often, these responsibilities are assigned to the deputy director. If such a position is not provided for in the company, then the director must assign the functions of a manager to an employee whose qualifications allow him to occupy such a position.
In such a situation, an order is made that for a certain period this employee is acting. boss An entry in the work book when appointing an acting director is not made, since he is not a permanent director.
In some cases, in parallel with the employment contract, it is necessary to conclude additional agreement about the performance of duties. These cases occur if the director must be absent for a long period of time. It should also be clarified whether the employee is relieved of his duties for the period of performance of the acting function. If yes, then it is necessary to draw up an additional agreement in which all responsibilities should be spelled out. Based on this document, the amount of additional payment is determined and the replacement period is established.
A temporary transfer can be made, as a result of which the employee will be transferred to the position of director for the period of his absence. This procedure occurs on the basis of agreement of the parties: a special agreement is concluded. Instead of specific deadlines, the instruction is indicated: “Before the official director goes to work.” In this case, the acting director also does not receive an entry in the work book.
And about. the director is obliged to sign documentation on his own behalf, since he has such authority. In this case, the algorithm for making an entry is as follows:
- the details of the order should indicate the name of the position of the person who signs the document)
- a personal signature is placed and its decoding in the form of surname and initials)
- instead of the acting title The documents should indicate the position held by the employee according to the staffing table.
If, when filling out an order, there is a discrepancy between the position, signature and its transcript, the document is considered invalid.
There are cases when the charter prohibits transferring the powers of a director during his absence. In this case, a power of attorney is issued, under which the official receives temporary control over the company.
Kolonutov Mikhail
At the institute, by the same order in 1989, the department of “Industrial Energy” was created and I, having previously been an associate professor of the department of mechanical engineering, was appointed acting. the head of this new department. Naturally, from the time the order was issued, I ceased performing my duties in my previous position (associate professor of the Department of Automatic Engineering), and acted only as the head of the department.
Currently, upon my dismissal from the institute, the personnel department refuses to enter information about my appointment as acting. manager, referring to the allegedly temporary nature of the acting status.
Do I or my opponents have any legal grounds for a legally competent solution to the issue? Neither in the Labor Code of the Russian Federation, nor in the Instructions for filling out work books, I was unable to find a clear answer to the question that arose.
Please, help.
Lawyers' answers 1
Hello, Mikhail Kolonutov.
During a temporary transfer, entries about this are not made in the work book. This follows from clause 4 of the Rules for maintaining and storing work books, according to which information about transfer to another permanent job is entered into the work book. Therefore, even in the case of a temporary transfer that is important for career growth employee (for example, performing the duties of a temporary manager, formalized by transfer), information about this is not entered into the work book.
However, Art. 72.2 of the Labor Code of the Russian Federation establishes that by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year. If at the end of the transfer period old job the employee is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.
Thus, you must insist that the transfer ceased to be temporary in 1990.
Art. 66 of the Labor Code of the Russian Federation and the Rules for maintaining and storing work books provides for entering into the work book information about transfers to another permanent job.
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Good afternoon Tell me, please, I have registered an individual entrepreneur, I made a note about this in my work book, now I found out that this cannot be done, where do I now need to go to correct it. Or is my book now considered invalid, then what should I do with all the previous entries in my work record?
A person at enterprise “A” went on vacation from July 1 to July 30, followed by dismissal. From July 25, he got a job at enterprise “B” with the condition that he would bring the work book after July 30. An entry in the work book about the end of work at enterprise “A” dated July 30. Is it possible to make the following entry into the work book about employment at enterprise "B" dated July 25?
The husband is a military man. He is transferred to a new duty station. How correctly should I make an entry in the work book about my dismissal so that my work experience is not disrupted, and how much time (if there is such an entry) can I spend looking for a job in a new place, again, without compromising my length of service? Thank you!
Is an entry made in the work book in case of urgent employment contract? Do you need labor?
Since the information entered into the book when an employee joins an enterprise or individual entrepreneur represents document of special importance, all entries are required to be entered into the Labor Code at the request of the employee.
If he works under an employment contract permanently - regardless of his desire. In this case, the information entered is subject to strict requirements.
ATTENTION: Failure to enter data indicating that the citizen has started work within 5 days, becomes a reason for imposing penalties on the employer, if this fact is revealed by an inspector of the State Labor Inspectorate.
However, the issue of a fixed-term employment contract is not entirely clear-cut and requires special consideration.
A fixed-term employment contract in the work book is characterized by the fact that the specialist is given a place of work for a sufficient period of time. short term or period, not exceeding 5 years(Article 58 of the Labor Code of the Russian Federation).
Sometimes, therefore, the employer implements in place:
- who went on parental leave;
- left on a long business trip;
- improving qualifications.
Such an action is legal if the main employee is in medical institution for long-term examination or treatment.
Main property this type of agreement - availability of information about when the main employee will return to his duties. These precisions allow for the establishment of periods during which the TD concluded by the parties will be considered valid.
Acceptance under a fixed-term employment contract is usually used when employing seasonal workers, subject to:
- the stipulated temporary period of work;
- lack of execution of the contract.
The terms of the contract are regulated by Article 59 of the Labor Code of the Russian Federation; it is mandatory to indicate the terms of employment, as well as the terms of termination labor relations.
At the same time, the contract should explain the reason for determining the duration of its validity, for example, explaining that the nature of the work requires the temporary appointment of a specialist:
- to conduct an audit;
- monitoring;
- special training course, etc.
An order is issued based on the specified provisions of the agreement. The order is the cause and condition, allowing filling out a work book.
The book must be filled out provided that the employee hired full time, and not part-time. For part-time workers, it is planned to fill out the TC only at their request.
IMPORTANT: It is advisable that the request to fill out the Labor Code be recorded by the employee in writing.
Differences from an open-ended contract
Making an entry in the TC is based on regulatory documents, in particular, is determined by the provisions of the Instructions for filling out Labor Codes and labor inserts.
The provisions came into force on October 10, 2003, under No. 69.
Any standard or non-standard situation requires the employer to refer to this document.
The Instructions do not indicate special rules, making a difference in the entry for employment under a fixed-term contract.
This means that making a record of hiring a person with a deadline established for the performance of work, should not differ in any way from the usual, standard recording.
Those employers who fear that a State Labor Inspectorate inspector will subsequently point out a discrepancy between the terms of the employment contract and the entry in the employment record must understand that the rules are unified in nature and must be observed in all cases.
The legislation provided that sometimes urgent contractual relationship are not interrupted, and are prolonged further. If such a precedent exists in labor practice, all employers should be aware of similar legal consequences.
Regardless of how relevant and strict the time frame is set in each specific case, circumstances are subject to change.
In addition, during the specified period, the employee has the right to resign on his own initiative. In this case, the dismissal date specified upon hiring will be considered irrelevant.
REFERENCE: If, when hiring under a fixed-term employment contract, the entry in the work book was made incorrectly. The employer will need it correct in accordance with the provisions of the Instructions.
The employee’s work record should not be affected if circumstances change on the basis of Article 72 of the Labor Code of the Russian Federation. Accordingly, upon dismissal, when it becomes clear that the employee is leaving within the specified period, a corresponding entry must be made.
Application procedure
Making an entry in the book is regulated by Article 65 of the Labor Code of the Russian Federation.
It is paid within the first 5 days after the citizen takes office.
An employment contract is prepared in advance, which sets the validity period.
IMPORTANT: The entries in the book must exactly correspond to the information specified in the employment order.
First of all fill in the column with a serial number. It must be one more than the one corresponding to the previous entry.
The following column contains information about the date when the employee began work duties. The date is entered in Arabic numerals.
The column is divided into three columns for a separate record of day, month and year. The day and month are written with two digits, and the year with four. It is not permissible to put dots or write letters in these columns.
REFERENCE: Date indicated in the employment (dismissal) record may not coincide with the time the entry was made in the book.
The third column indicates the fact of hiring with the name of the position and department. For example, they formulate: “Hired as a teacher additional education to the department of the theater studio "Lisichka".
If there are no divisions, the structure that is regulated for official records is indicated. For example, individual entrepreneur has the right to indicate the name of the organization as a subdivision, point of sale and so on.
In the fourth column a reference is made to the order, on the basis of which the person began to work. That is, complete information is provided about the order on the basis of which the entry is made (about a fixed-term employment contract). After the name of the document “Order”, enter its number and the date of its release.
Only the employer has the right to make an entry. in person:
- individual entrepreneur;
- manager;
- an authorized person from among the employees appointed by order.
The entry is endorsed by the person who entered information about the work, the signature is deciphered by the surname.
When entering information about employment no stamp is applied.
Sample entry in the work book about a fixed-term employment contract: 
Dismissal
The algorithm for dismissing an employee is not much different from the procedure for applying for a position and is regulated by Art. 66 Labor Code of the Russian Federation.
It is also required to deliberately issue an order indicating the date and reason for dismissal. But in this case, it is taken into account that the person is dismissed upon expiration of the employment contract.
REFERENCE: The employer is obliged in writing notify the employee 3 days before the expiration of the TD. Otherwise, the contract may be considered extended indefinitely.
The next entry is made in the first column of the book. In the second - the date corresponding to the one indicated in the TD and corresponding to the order. On this day work activity face is considered completed.
The third column contains basic information about the dismissal. Record formulated in literal accordance with the order. For example: “Dismissed due to the expiration of the employment contract.”
The following is a link to the Labor Code: “Based on clause 2, part 1, article 77 of the Labor Code of the Russian Federation.”
Upon completion of the entry, the authorized official signs with a handwritten transcript of the surname.
The seal of the organization (enterprise) is placed next to, but without covering the main records.
IMPORTANT: It should be ensured that the affixed seal of the organization does not move to the bottom lines where the next employer will make an entry.
The work book with entries must be prepared by the last working day of its owner, issued against signature in the TC traffic log and inserts for them.
All actions related to filling out work books or inserts are based on the provisions of the Instructions and Articles Labor Code. Compliance with standards is supervised by GIT inspectors.
The organization in which the employee is temporarily employed is obliged to maintain his work book and store it in accordance with the regulations. At the same time, an employment record must be entered in it, corresponding to the information included in the contract concluded between the employee and the employer (you can find out how a fixed-term employment contract is concluded, and also see a sample document).
The exception is cases of part-time work, which cancel the employer’s obligation to maintain books of part-time employees.
IMPORTANT: Information about hiring must be entered no later than 5 calendar days, which are counted from the first working day.
What are the differences in design for different types of work contracts?
In general, entering information about the employment of a temporary employee differs from registration on a permanent basis. However, when entering information about hiring into the work book, there is no need to indicate the period corresponding to the employment contract. Such instructions were given in the Letter of Rostrud dated 04/06/2010. No. 937-6-1. This circumstance is motivated by the fact that it is impossible to view the employment regulations:
- the employee may resign before the end of the specified period;
- a contract can be extended for a number of reasons (you can find out more about extending a fixed-term employment contract for a new term and for an indefinite period).
But if the precedent early dismissal has not arisen, and it is impossible to extend the term of the contract, then upon dismissal it is indicated that the reason of this action was the termination (expiration) of the period of validity of the employment contract (we described in detail what the employer should do at the end of the employment period and how to fire an employee in connection with the termination of the employment contract).
Procedure for filling out the document
The algorithm for filling out job information when applying is as follows:
- At the top, a continuous entry is made with the full name of the organization, or its stamp is placed.
- A line below, in the first column, enter the serial number of the entry.
- In the second column, divided into 3 columns, the date of employment is entered.
- The third contains information about which department and position the employee is being hired for. If the company has no divisions, its abbreviated name is indicated.
- The fourth contains the details of the order for appointment to a position (for details on how to draw up an order and what are the grounds for concluding a contract, read).
ATTENTION: The date should correspond not to the time the order was issued or the contract was concluded, but to the first working day.
It is unacceptable to fill out a work book arbitrarily, the regulation of persons who have the right to make a recording complies with the legislation. The following are authorized to enter it:
- The head of the organization or individual entrepreneur - personally.
- An HR department employee who has these powers included in his functional responsibilities.
- A person from among the employees to whom this duty is imposed by a special order.
The recorded information must be endorsed by the person filling out the book; no other identification is required, including no stamp.
Agreement termination mark
If other reasons did not influence early dismissal, Information about dismissal is provided within the period specified in the contract. The established algorithm is also followed here:
The finished wording of the notice of dismissal, entered in the third column, will be as follows: “ Dismiss due to termination of the employment contract clause 1 part 2».
Information is also entered by a person authorized to enter it in accordance with official regulations, or appointed by order. Upon completion of the entry, the specified person enters the following:
- puts his signature;
- indicates position, surname and initials.
If this is not a manager or an individual entrepreneur, then the manager’s signature is additionally affixed. The entry is sealed with a round seal of the organization.
Photo of what a sample entry in a work book looks like about hiring under a fixed-term employment contract, as well as about its termination:
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