How to draw workers taken this year? As electronic forms to reflect the renaming of the post? How to calculate sick leave, if the employee refused to conduct a paper work book? To these and other questions of readers “the Russian newspaper” said the Deputy head of Rostrud Ivan Shklovets on the hotline, held at the office.
If the employee is being employed this year, he has the right to immediately choose the electronic version of the work book?
Ivan Shklovets: Before you make a choice to the employee, the employer must perform several steps. So, you need to arrange with the employee the employment agreement, to issue the order on employment, not later than one week after the issuance of the order to make an entry in the work book, and then notify him about the changes that have occurred in the legislation of his right to apply for choice.
you must Also amend its local regulations in the company in which probably written only paper maintenance work books, and only after that you will need to obtain from the employee a statement. You should be sure to document what the employee the notification is issued to register the application in the journal of receiving applications to confirm the selection of the employee.
We are a new orally notify employees about the new law and the right of choice. And after the signing of the employment contract and the order on hiring, he wrote a statement about choice. So wrong?
Ivan Shklovets: the Law requires is a written notice to employees. After June 30, the labour Inspectorate will check whether the employer complied with this requirement. It is a prerequisite. So change your verbal notification in writing. This will somewhat complicate the procedure, but it is a legal requirement. If you do not, there are risks of claims by the labor Inspectorate.
According to article 66.1 of the Labour code, data on labour activitiesenosti employee (STD-R) included information such as work location, job function, transfers, dismissal. Thus according to the recently adopted order of filling of forms STD-R we include additional events, such as the renaming of the organization employer assignment the second qualification, and evidence that the employee is forbidden to hold any position or engage in certain activities. So there is a contradiction between the Labour code and order filling. What is still to follow and what data to include in these forms?
Ivan Shklovets: there is no contradiction. The law provided only the basic personnel activities is employment, transfer and dismissal. But the same law stated that the form with information on the transfer of such information to the FIU and the form of information that are transferred to the employee, saying the relevant authorities.
In the first case, Pension Fund which is in the form of szv-TD, approved by resolution of the Board of the Pension Fund of Russia of December 25, 2019 No. 730п established six personnel activities that you mentioned. By its order the Ministry of labor of Russia from January 20, 2020 No. 23н approved information that must be provided to employees. The so-called form STD-R. And there is not six staff events and five.
There is no prohibition to occupy certain positions. Therefore, the provision of information and the FIU, and the employee on the basis of its application or for dismissal you are guided by the forms which have been approved by the FIU and the Ministry of labor. Guided by these orders and regulations.
What should I do if the post just renamed, and transfer to another position was not. As reflected in the electronic workbook?
Ivan Shklovets: Labour law does not contain the concept of “renaming office.” Any change of name of the post is a translation, change of employment functions. And as soon as you “renamed” position, this means you must order the transfer of an employee to another position. And this is a personnel action which should be in the PFR report.
If there was an order not to transfer the employee to another position, and the renaming of the post and it is exactly reflected in the workbook, then you need to recognize that entry invalid and make the correct entry in accordance with the instruction on filling of work record.
If you run the report you must specify the event of personnel – renaming. The graph fits in the allotted 150 characters. And to rename more than two hundred. How to be?
Ivan Shklovets: In the report the name of the organization specified in accordance with the constituent documents (you may name in Latin transcription). If you rename the former is specified as the name of the organization and the new, which significantly increases the number of characters.
If such an entry does not fit in the column, should contact the FIU and consult. At the same time, staffing the event, as the renaming itself is not the basis for sending the report, you have time to figure out this issue.
February 28, We issued an order on the employment of the employee on March 2. Information about this is included in the SVV-TD in February or March?
Ivan Shklovets: When you make the order on reception of the worker, which is mandatory, there are two dates. The first date of issuance of the order, the second is the date of commencement of work. Because we have a HR event called “hiring”, you are targeting the date that is associated with the beginning of work of the employee. Hence, it is important will be the date it was March 2 when an employee is hired, and the report of that you’ll be sent to the FIU in April.
the same procedure with the dismissal. Dismissal is the last working day of the employee when you give him a work book or information about employment, if he opted inAriant.
In our company all employees received notice of the transition to electronic employment record. All written statements up to 31.12.2019 G. the continued maintenance of labor books in paper form. If the law came into force from 01.01.2020, it turns out that the statements of the employees is not valid?
Ivan Shklovets: the law States the measures that the employers must implement in 2020: to amend local regulations, notify the employees and take statements from them. It must respect the sequence.
You are somewhat in a hurry, and this creates a risk that the requirements of the law have not been fulfilled. To be sure you should repeat the procedure.
If work is arranged employee who has refused management paper work record, he brings only the information on form STD-R. But they contain information only from the last place of work. New employer need to count total period of employment to establish a raise in salary for sick pay. Previously we did it on a paper workbook. As it is now to learn everything about a worker?
Ivan Shklovets: first, the law does not prohibit the employee in employment, even if he chose e-workbook to show the new employer a paper that was issued to him in his arms. Paper work-book does not cease to be a legally binding document.
second, the worker receives in case of dismissal from the employer a certificate of the average salary over the last two years – a requirement of the law. You in this help you will see the seniority and salary of the employee for sick pay.
If the specialist works at the rate of 0.5, in the paper version of the work book for medical staff we have specified. And how this information will be reflected in the report to the FIU? It is possible to use the “work function”? We are talking about internal time.
Ivan Shklovets: Information to the FIU serves as key workers and all part-time workers, both internal and external. If some personnel events has happened in relation to part-time, the same fill out a form szv-TD, and in the “Labor function” indicate that the word “compatibilizer”. If you have a main worker, the word “part-time” you don’t bet.
But here we are talking about a rate of 0.5. We’re in the workbook is not write, but in General it is assumed.
Ivan Shklovets: By law, workers cannot work more than half of the monthly norm of working time. The length of time you reflect in the employment contract with the employee and in order. In the workbook the duration of working time is not specified. Accordingly, in the form of szv-TD you duration make. But the form of szv-TD is supplied to all employees, including part-time workers.
If the employee wrote a statement about the management of paper employment records and filed, so we gave him STD-R, we have to give him? Or we can refuse, as we are a paper document?
Ivan Shklovets: No, the worker can make only one of the two statements. If he gave you a statement about the continued maintenance paper work book, he has no right to receive information in electronic form. Until, until they give up paper.
And if the employee refused the paper of the work book, STD-R we need to consider the information from the time of hiring or from the time he wrote the statement?
Ivan Shklovets: Information on form STD-R you give in the form in which he asked the employee in his statement. But the information you specify all work activities of the employee in the organization. You make the first recording of the work, all records that relate to personnel measures, and the final entry – the last HR nYachiyo against him.
If the code function is taken from the professional standard and the standard of, say, a particular profession or occupation, no, the count is left blank?
Ivan Shklovets: Yes. By 2021, this column is left blank. If in 2021 the profstandart no, you leave it blank. As long as the professional standards will not become mandatory for use in your organization.
If a worker came with a form of STD-R must be stored somewhere? Or we make the data and give him this form?
Ivan Shklovets: a Worker who chose “e-workbook” at a previous employer, must submit when applying for a job form STD-R. You begin to shape the information only for the period of work of an employee in your company. The duty to maintain such information to the new employer are provided by the law, but a prohibition.
paper work-book in the record of resignation we write: “In connection with retirement”. Is there such a need to do it in the report STD-R?
Ivan Shklovets: Upon termination of the employment contract by the employee in some cases record about dismissal (the termination of the employment contract) is entered in workbook, with specific reasons, including in case of dismissal in connection with retirement. If the employee in the application for the dismissal of such causes indicates, they are also in the order of dismissal in the workbook.
the procedure for filling the forms szv-TD such a requirement does not. Mandatory item, part and article of the Labour code.
do I have to prepare a notice of the right choice of paper or electronic employment record for each employee? Or you can issue a General letter to all and then to collect the help of acquaintance lists with names, positions?
Ivan Shklovets: the Notification is in Pismennom to each employee under the painting. Not allowed to post any General list.
do I Need all these statements about choosing to attach to a personal matter? If not, then how to store?
Ivan Shklovets: the Law does not contain requirements for the management of their personal Affairs, except government employees. So, if you took the decision to form and conduct personal Affairs, can do it. However, if you store personal files on employees, are required to comply with requirements for management of personal records and store documents. In this case, the statements of employees included in personal Affairs and kept for 75 years.
If you personal Affairs are not, the shelf life of such statements may be established local normative act. It should be borne in mind that the employer in individual cases will have to prove such statements.
How to report such a situation: a person is accepted for a fixed-term employment contract at the time, for example, in place dekretnitsy. We need to move it to another place, also on fixed-term contract, but don’t make it through the hiring and dismissal. It is possible to specify that employee a permanent contract? In the Addendum we write up new terms for it?
Ivan Shklovets: of Course, it’s possible. You take a worker on fixed-term contract. And then begin to translate from one position to another. But we can talk about a permanent transfer. During temporary transfer to a report, these data do not fall. Here you are transferred continuously, generating a new report, sent to the Pension Fund. Again was transferred to another position, once again formed a report, and so until then, until the term of the employment agreement. And the labor book of the employee all these steps should be reflected.
In 2021 will need to file a report, not later than the next working day after the date of publication of the order on appointment or dismissal of the employee. The order of dismissal issued in advance to the accounting Department managed to calculate employee. But the date of the occurrence of the event, everything can change. For example, the application may be withdrawn. The same happens with employment. The order is published in advance. And the work of the people will start several days later. For example, a sailor whose ship is at sea, will reach the long vessel, helicopter, boat. Will it somehow adjusted the norm, what to do in situations when things change on the go? Is it possible to submit the next day and later?
Ivan Shklovets: Form does not change in 2021. Will change only the timing of its submission. From 2021 in the case of the employment of the employee report to the FIU sent no later than the business day following the date of publication of corresponding order. Thus personnel work should be built to fulfill the requirement of the law.
If the company has a highly qualified foreign specialists (HQs) who should not have and do not have a social security number, the FIU will make a report, SCB-TD? Employees should write in the column where you specify the social security number?
Ivan Shklovets: From April 1, 2019 obtaining SNILS replaced by the notion of registration in the system of the individual personified account. Videoconferencing we have a social security number is not received. But they still are registered in the system of the individual personified account. And that registration number should be reflected in the report, SCB-TD. And highly skilled professionals also need to generate reports for FIU.
Foreign workers must also choose between paper employment records and electronic? And if so, all – and videoconferencing, and banal wipers?
Ivan Shklovets: For foreigners working in Russia is subject to the same labor laws as on the Russians. In respect of them conducted the work book, they also need to notify the choice to wait statements.
Employeea personal statement, is transferred from full-time to part-time. The position remains the same. Do I need to fill out a change in the workbook and, accordingly, to amend the report of the SVV-TD?
Ivan Shklovets: No, not in the work book or in a report of this information not make.
Where you can find the application form on the transition to electronic work book and notice? On the official website of the FIU and the Ministry of labour no.
Ivan Shklovets: this form do not constitute. Now experts have recommended the correct application forms. The statement is simple: I ask to my work record in accordance with article 66 of the Labour code. Second statement: please provide me with details of the work in accordance with article 66-1 of the Labour code.
How to reflect in the szv-TD temporary transfer which become permanent?
Ivan Shklovets: If you temporarily transferred the employee to another position, and a year later she became its permanent or until the end of the year you have decided on a permanent character, you make two orders. First on loan and then that the position has become permanent. And in the workbook in the fourth column always refers to two orders.
the same thing we suggest to do and szv-TD – specify the two orders. If when submitting information the system will give you an error, you will need to seek advice from the pension Fund.
If you keep working on the book in electronic form, we can submit to the FIU information about the work in our institution? But if he had had plenty of experience?
Ivan Shklovets: To the Pension Fund do not duplicate “old” information worker. They have already formed. In a report, SCB-TD you immerse only the personnel events that have occurred after January 1, 2020. Let’s say you March 16, 2020 fired the employee. You are in the PFR form, in which the first entry make recent staff record as of January 1, 2020. Let’s say you took a job in 2016 and from post to post is not translated. You are the first line write: recruited then. Second entry: dismissed on 16 March 2020. All in the April report.
Right vibrates impossible
If the organization does not have the opportunity to give the employee information about his work in the electronic form and on paper, how critical is it?
Ivan Shklovets: This is very critical because, if the employee write the statement, that he wants to receive such information in electronic form, and you refuse him, you may punish labour Inspectorate.
many employers have Already switched to e-staffing workflow. They use different programs, database. Now, when we introduce the data, in electronic form, all employers just have to acquire software products. And sign this information reinforced qualified electronic signature. Don’t forget to get a responsible employee of your company a signature.
You can use your software, and can use the program, which offers free of charge pension Fund – it can be downloaded on the Foundation’s website. Your program should be integrated into the system and provide you with the opportunity to provide information to the FIU.
the Data is requested by the employee, it will be possible to send him, for example, by e-mail. You’ll have to send the details of the work in the format in which it will be able to read them. Provide in your local normative act of the presentation of information to the employee in electronic form and inform him of all workers.
