At a recent seminar, the inspector git said that when conducting inspections, the labor inspectorate will fine not for a specific violation, as a fact in general, but for each document in which it is found. For example, not registered additional leave employees with harmful conditions labor, which means that for each contract in which this violation is found, a fine will be imposed. Is this true and in what normative documents is it spelled out? The second question concerns the period for which they can be fined. We were explained that if a violation is eliminated two months before the check, then they do not have the right to fine for it. Is this true and what documents confirm this norm? The third question concerns ongoing violations. We understand that this is a violation that has not been eliminated. For example, the settlement on dismissal has not yet been paid. But we were explained that even if the settlement was paid, but it was done out of time, then such a violation does not have a statute of limitations and will be punished for it. Is it true? The fourth question on military registration. Does the labor inspectorate have the right to check and punish him? And the fifth question on the order of storage work books employee. Is a fireproof safe required or is a lockable iron box sufficient?

Answer

Answer to question 1: At a recent seminar, the GIT inspector said that during inspections, the labor inspectorate will fine not for a specific violation, as a fact in general, but for each document in which it is found. For example, additional leave is not prescribed for employees with harmful working conditions, which means that for each contract in which this violation is found, a fine will be imposed. Is this really so, and in what regulatory documents is it spelled out?

Cases when fines are imposed separately for each episode or each employee in respect of which a violation is detected are specifically stipulated in the note to a specific article of the Code of Administrative Offenses of the Russian Federation. For example, Art. 18.15 of the Code of Administrative Offenses of the Russian Federation "Illegal attraction to labor activity in Russian Federation foreign citizen or stateless person”: according to note No. 2 to this article, in the event of illegal involvement in labor activity in the Russian Federation of two or more foreign citizens and (or) stateless persons, the administrative liability established by this article occurs for violation of the rules for attracting to labor activity in the Russian Federation of foreign citizens and stateless persons (including foreign workers) in a relationship everyone foreign citizen or stateless person separately.

Answer to the 5th question: And the fifth question on the order of keeping the employee's work books. Is a fireproof safe required, or is a lockable iron box sufficient?

Not required.

According to paragraph 42 of the Rules for the maintenance and storage of work books, the production of work book forms and the provision of employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225, forms of work books and inserts in them must be stored as documents strict accountability.

As follows from clause 6.2 of the Regulation on documents and workflow in accounting, approved by the USSR Ministry of Finance on July 29, 1983 N 105, strict reporting forms should be stored in safes, metal cabinets or special rooms to ensure their safety.

Details in the materials of the System Personnel:

1. Answer: What is the responsibility for violating the order of conduct military registration In the organisation

Ivan Shklovets

For violation of the procedure for maintaining military records, administrative liability is provided (Regulations, approved).

Responsibility is provided for the head or officer responsible for maintaining military records. The amount of fines is:

• for failure to notify the military registration and enlistment office of the admission or dismissal of a citizen subject to military registration, from 300 to 1000 rubles. ();
• for non-direction at the request of the military registration and enlistment office and authorities local government in set time necessary information on citizens who are required to be on military registration, from 300 to 1000 rubles. ();
• for failure to submit before November 1 (annually) to the military enlistment offices lists of male citizens who will turn 17 next year, from 300 to 1000 rubles. ();
• for failure to notify an employee of the call (summon) of the military registration and enlistment office and failure to provide him with the opportunity to timely appear at the place indicated by the military registration and enlistment office, from 500 to 1000 rubles. ().

Military commissars (). *

All violations in the field of military registration, for which administrative responsibility has been established, do not apply to ongoing ones. The term for bringing to responsibility for them does not exceed two months from the date of commission ().

2. Answer: How organizations store work books

Ivan Shklovets, Deputy Head Federal Service for work and employment

Keep work books in the organization as documents of strict accountability and, best of all, in a fireproof safe. If this is not possible, then in a cabinet that is locked with a key. Issue forms to the person responsible for maintaining work books at his request, drawn up in any form.

At the end of each month, the employee responsible for maintaining work books must submit to the accounting department a report on the availability of forms and on the amounts received for completed work books and inserts, with a receipt order attached. A report on the availability of forms and on the amounts received for issued work books and inserts is compiled in any form.

3. Directory: Administrative liability for violation of labor and migration legislation

Area of ​​violations:

Read more about local regulations LLC by this link.

The work book reflects the entire work biography of a person. Making entries in it, as well as storing and issuing it to an employee upon dismissal, is strictly regulated by the legislation of the Russian Federation in 2016, and it is necessary to follow these rules for maintaining work books.

Legislative regulation of issues of work books

A novice personnel officer or accountant, who first encountered work books of employees, certainly needs to know what rules of law govern their handling.

The work book is a form of the form established by the Rules with the appropriate degrees of protection indicating the series and number of 20 spreads, the pages of which are numbered and have sections where records of the appropriate type are entered (information about the employee (the so-called title page), information about work, information about awards).

If the sections "Information about work" or "Information about awards" are over, then an insert is made in the work book. Its form, form and maintenance are subject to requirements similar to the requirements for the work book itself.

The employer is obliged to have a constant supply of the required number of forms of work books and inserts in them (clause 44 of the Rules).

Forms of work books and inserts must be purchased by the employer centrally from official distributors authorized by GOZNAK (their list is published on the GOZNAK website).

Similar forms can be found in stationery stores and kiosks selling printed matter to the public, but such a sale is not legal. Since there are no guarantees of their authenticity and compliance with the requirements of regulatory enactments, the employer does not have the right to require the newly hired employee to have the form purchased at the kiosk on hand. Moreover, it is illegal to accept it from an employee for further filling, and we do not recommend doing this in order to avoid further problems.

The form of the work book can be checked for authenticity by comparing the correspondence of the series and number to the year of issue, as well as the form established by the same Government Decree that approved the Rules.

Employment book - strict reporting form

Both work books received from employees and their blank forms and inserts are subject to strict accounting when stored with the employer (this is indicated by section six of the Rules).

For these purposes, accounting journals must be kept according to the established forms:

• income and expense book for accounting forms of the work book and an insert in it;
• book of accounting for the movement of work books and inserts in them.

Both of these books must be necessarily laced and numbered, certified by the signature of the head of the organization and sealed wax seal(sealed) - this is stated in paragraph 41 of the Rules.

The income and expense book for accounting for forms is maintained by the accounting department of the organization, and it reflects all operations for receiving and spending forms of the work book (insert in it) indicating the series and number of the form.

The book of accounting for the movement of work books is maintained by personnel officers. It records information on the acceptance and issuance upon dismissal of all work books of employees and inserts in them, both accepted from employees upon admission to work, and issued to employees again. At the same time, their series and number must be indicated in the accounting book, and the employee’s signature is affixed to receive the work book in his hands upon dismissal.

The official of the organization responsible for work books

The law directly obliges the employer to properly organize work with work books.

Strict accounting of these documents in the organization requires the presence of a specially authorized official- the person responsible for the maintenance, storage, accounting and issuance of work books.

Such a person is appointed by order or order of the employer. Typically, this responsibility is assigned to a specific employee. personnel service or an accountant directly involved in work books.

The order is issued in an arbitrary form, its wording may look, for example, as follows: "To appoint the inspector of the personnel department Anna Nikolaevna Petrova as the person responsible for maintaining, storing, accounting and issuing work books." The order number, date, as well as full name, position and, of course, the signature of the head are affixed.

The procedure for maintaining work books

The procedure for making entries in the work books of employees is of great importance, so they must be made strictly according to the established rules.

The above-mentioned Instruction containing the norms for maintaining work books is devoted to the procedure for maintaining work books.

The Instructions regulate all possible stages of filling out this document, starting with how to correctly enter information about the employee (on the title page), records of work and transfers, awards and incentives, dismissal, invalidation of the record, and ending with the issues of issuing a duplicate.

It should be noted that no fundamental changes have been made to it since the publication of the Instruction. Therefore, the Instruction for maintaining work books in 2015-2016 does not differ in any features compared to previous periods.

How to keep a workbook

Since the form of the work book is a document of strict accountability, and the completed work book also contains the personal data of the employee, the law imposes on the employer the obligation to store it correctly.

We talked about accounting for work books in special books above, now let's talk, in fact, about their storage.

Neither the Labor Code of the Russian Federation, nor the Rules, nor the Instructions contain rules on where work books should be stored. That is special rules storage for work books is not installed.

Therefore, one should refer to the norms on document circulation (the current "TEXT on documents and document circulation in accounting", approved by the USSR Ministry of Finance on July 29, 1983 N 105).

It provides that forms of strict accountability should be stored in safes, metal cabinets or special rooms to ensure their safety (clause 6.2). It is silent about whether such a safe should be fireproof and whether grilles should be installed on the windows of the room.

Thus, the storage of work books should be carried out in a way that ensures their safety and prevents unauthorized persons from accessing them.

Shelf life of work books

The employer keeps the employment records of all full-time employees except for collaborators.

They are handed out only upon dismissal of an employee (termination of an employment contract with him for any reason), or for a while for submission to social insurance (security) bodies in accordance with Art. 62 of the Labor Code of the Russian Federation at the written request of the employee.

There may be situations when the work books of deceased employees remain with the employer.

According to paragraph 37 of the Rules, in the event of the death of an employee, a work book (with an entry made in it about the termination of the employment contract under paragraph 6 of part 1 of article 83 of the Labor Code of the Russian Federation) is issued into the hands of one of his relatives against receipt in the book of accounting for the movement of work books or sent by mail at the written request of one of the relatives.

That is, the employer should notify the relatives of such an employee about the need to obtain his work book or agree to send it by mail.

If for some reason the work book of the deceased employee remained with the employer, then it must be kept in the organization permanently until it can be demanded by relatives.

The shelf life of work books that were not in demand is 75 years (clause 664 of the List of typical managerial archival documents generated in the course of activities government agencies, local authorities and organizations, indicating the terms of storage, approved. Order of the Ministry of Culture of Russia dated August 25, 2010 N 558).

The rules for storing work books are designated and fixed in the Russian Federation by government legal acts. The legislation of industrial relations contains a number of articles explaining the norms and nuances of preserving the documentation of citizens working at the enterprise.

Registration of forms and leaflets of employed employees of the enterprise takes place in parallel in two registers:

1. income and expenditure accounting of forms and additional leaflets;
2. accounting for the movement of books.

The procedure for filling out accounting journals is approved by the Ministry of Social Development and Labor of the Russian Federation.

In book No. 1, information is recorded related to all actions for the receipt and expenditure of forms and inserts of employee documentation. Indicate the serial number of each operation object.

Book No. 2 displays information on the documents of each employee working more than 5 days at the enterprise. The numbers and series of forms and are indicated.

The personnel department is responsible for maintaining the accounting records. It is their responsibility to record and store work books at the enterprise.

In the event of a break in relations with the enterprise, the employee receives his document. The fact of issuing and receiving the document is confirmed by the signature of the employee in the personal card and in book No. 2.

Both books are subject to mandatory numbering and lacing. The head certifies the logbooks with a signature, seals them or seals them with a wax seal. Books and accompanying forms are strictly accountable documents, respectively, where and how to store them is indicated by established standards.

Terms of storage of records of work experience

An employee who is responsible for filling out and maintaining documentation when entering into an employment relationship can receive a form upon prior request. Also, on a monthly basis, an employee of the personnel department provides the accounting department of the enterprise with summary information on the number of work books. If intentional or unintentional damage has occurred, they must be eliminated after drawing up a special act.

The shelf life of work books and their copies is indicated by the Rules. Documents unclaimed by citizens in the event of a break in working relations are protected in the personnel department for two years. After this period, the documentation is transferred to the archive of the organization for storage for the next 50 years. In the future, the forms will be destroyed in compliance with the mandatory rules and regulations.

In the personnel department of enterprises, they must carefully monitor the regular provision of the mandatory volume of books and related forms related to the employment of employees.

Storage of work books at the enterprise - responsibility

Obligations for accurate and correct fulfillment and compliance with the standards for registration, filling, preservation, issuance of accounting documentation production activities employees lies with the employer or an authorized person (by the relevant order of the head).

Administrative liability is established for violations of legislative norms.

On a monthly basis, the responsible employee draws up a report in any form for the manager, which displays information on the number and movement of work books. In small organizations, any employee who will be appointed by the responsible order of the head can act as an authorized person.

Any action performed with work books must be accompanied by acts signed by both parties to the labor agreement.

Today, the main document on labor activity and work experience of an employee is a work book. As required labor law The employer has an obligation to HR administration, ensure the storage and accounting of work books for each employee, with the exception of employees employed part-time. Also, blank forms of work books and inserts are subject to accounting and storage.

From the moment of execution of the employment contract and until the termination of labor relations with the employee, the work book, as well as inserts in it, must be stored in the organization. According to paragraph 45 of the Rules, the employer is responsible for organizing work on maintaining, storing, recording and issuing work books and inserts in them. Responsibility for the maintenance, storage, accounting and issuance of work books is borne by a specially authorized person appointed by order (instruction) of the employer.

In order to account for work books, as well as work book forms and an insert in it, employers conduct:

• income and expense book for accounting forms of the work book and an insert in it;
• book of accounting for the movement of work books and inserts in them.

Key points for storing work books

Employment books, in accordance with the order of the employer, can be kept by accountants, secretaries, managers, or the head of the organization himself, if these persons hire and dismiss workers. If the head maintains work books himself, then he issues this order in relation to himself.

Forms of the work book and its insert are classified as strict reporting forms and must be stored in safes, metal cabinets or special rooms to ensure their safety (clause 42 of the Rules for maintaining and storing work books, clause 6.2 of the Regulations on documents and workflow in accounting , approved by the USSR Ministry of Finance dated July 29, 1983 N 105).

The employer is obliged to always have the required number of work book forms and an insert in it (clause 44 of the Rules for maintaining and storing work books).

The production of work book forms and an insert in it, as well as providing employers with them, is carried out in the manner approved by Order of the Ministry of Finance of Russia dated December 22, 2003 N 117n "On work books".

Due to the fact that the forms of the work book and the insert in it must have an appropriate degree of protection, the production of forms of the work book and the insert in the work book is entrusted to the Association state enterprises and organizations for the production of state signs - Association "Goznak" of the Ministry of Finance of Russia. Providing employers with forms of the work book and an insert in the work book can be carried out by distributors - legal entities and individual entrepreneurs who meet the requirements established by the Goznak Association.

When issuing a work book or an insert to an employee, the employer, in accordance with clause 47 of the Rules for maintaining and storing work books, charges him a fee. In case of mass loss of work books of employees of the enterprise due to extraordinary circumstances, as well as in case of incorrect initial filling of the work book (insert in it) or in case of damage through no fault of the employee, the cost of the forms is paid by the employer.

To obtain such forms, the person responsible for maintaining work books must send an appropriate application to the accounting department of the organization (clause 42 of the Rules for maintaining and storing work books).
Guided by this norm, at the end of each month, the responsible person is obliged to report to the accounting department:

• on the availability of forms of the work book and an insert in it;
• on the amounts received for issued work books and inserts in them.

Issuance of work books to employees

On the day of termination of the employment contract (art. 84.1. Labor Code) the employer is obliged to issue a work book to the employee and make settlements with him. Upon receipt of a work book in connection with the dismissal, the employee signs in a personal card and in the book of accounting for the movement of work books and inserts in them.
In the event that on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer, while carrying out personnel records management, is obliged to send a notice to the employee about the need to appear for a work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book. The fact of sending the notice must be documented. Until the moment of sending, the work book is kept by the employer.

At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

The employer is also obliged to keep the work book in the event of the death of the employee. It is issued against signature in the hands of one of the relatives or sent by mail at the written request of one of the relatives (clause 37 of the Rules for maintaining and storing work books).

The work book is subject to storage with the employer until demand, if it was not received by the employee or in the event of the death of the employee by his relatives (clause 43 of the Rules for maintaining and storing work books).
Unclaimed work books are kept in the organization for 75 years (Article 664 of the List of Typical Management Archival Documents).

After considering the issue, we came to the following conclusion:
The legislation does not establish requirements for the storage of work books of employees in a fireproof sealed safe or a metal lockable cabinet, as well as requirements for the presence in the room where work books are located, bars on the windows and a metal door.

Rationale for the conclusion:
The form, procedure for maintaining and storing work books, as well as the procedure for producing forms of work books and providing employers with them are established by the authorized Government of the Russian Federation federal body executive power(Article 66 of the Labor Code of the Russian Federation).
Decree of the Government of the Russian Federation of April 16, 2003 N 225 approved the Rules for maintaining and storing work books, preparing work book forms and providing employers with them (hereinafter referred to as the Rules).
Paragraph 43 of the Rules stipulates that work books and duplicate work books that are not received by employees upon dismissal or in the event of the death of an employee by his immediate family are stored until demand from the employer (in the organization or individual, which is individual entrepreneur) in accordance with the requirements for their storage, established by law Russian Federation on archiving.
As you can see, in this norm we are talking about work books and duplicates of work books of already dismissed workers.
An analysis of the norms of the Rules shows that the procedure for storing work books of employees with whom labor Relations the employer continues, is not specifically regulated.
According to clause 42 of the Rules, the forms of the work book and its insert are stored in the organization as documents of strict accountability and are issued to the person responsible for maintaining work books, at his request.
Forms of strict reporting must be stored in safes, metal cabinets or special rooms to ensure their safety (clause 6.2 of the Regulation on documents and workflow in accounting, approved by the USSR Ministry of Finance on July 29, 1983 N 105).
However, it is obvious that the form of the work book acquires the legal force of a document containing information about the work activity and work experience of the employee, if such a form is filled in by the employer with information in relation to a particular employee. A completed work book is not a strict reporting document, therefore, the norms of clause 6.2 of the Regulations on Documents and Workflow in Accounting, in our opinion, are not mandatory for the employer when storing employees' work books.
At the same time, in accordance with clause 45 of the Rules, the employer is responsible for organizing work on storing work books and inserts in them. We believe that in order to avoid the loss and damage of work books of employees, the employer has the right to independently develop a set of measures to ensure the safety of these documents. So, at its discretion, the organization has the right to use safes, metal cabinets or specially equipped rooms for storing work books of employees.

Prepared answer:
Legal Consulting Service Expert GARANT
Anosova Julia

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.