Arguments on the issue of the need to cancel the work book. Why is there no longer a need for work records?

The PFR branch for the Chechen Republic reminds that very soon paper work books will be abolished and new ones will be introduced - electronic ones. What is the basis for such a global change? How would this happen? And what will be brought into the work of the Pension Fund in this regard? The manager of the Branch of the Pension Fund of the Russian Federation for the Chechen Republic, Mokhmad-Emi Akhmadov, answers these and other questions.

- Mohmad-Emi Isaevich, what caused this change?

For several years now, a program for the transition to electronic circulation of information on the employment of citizens has been considered at the state level.

After all, what is a work book anyway? A personal document of the established form, which contains information about labor activity employee, the history of his job transitions. The existing sample document has been used since 2004. A work book is issued to citizens who have found a job for the first time, and if it is lost, the employee is given a duplicate. The document is filled out in the HR department and stored there while the person works in the organization.

It must be said that in many countries work books have ceased to be available in principle. For example, in Europe, a work book, in our understanding, is considered an outdated tool. There, the work book was completely replaced a long time ago electronic databases data. This was done because in practice many claims are made against paper documents. And they arise not only from their owners, but also from employers.

- What exactly are the claims?

The main dissatisfaction is related to the following. Firstly, the paper form of the work record book becomes unusable over the years and can be lost or damaged. But the procedure for restoring it is quite complicated, and there is a risk of complete loss of some data. Secondly, there are a lot of episodes of fraud with books, since the forms are freely available, which is why there are so many fakes. Thirdly, the need to allocate special premises for storing employee records; especially it concerns large enterprises, whose number exceeds 100 people. In this case, it is necessary to organize special racks to store such a number of personal documents of employees. And, of course, they are in no way justified labor costs time and its payment, which are spent on certifying copies made, creating manual extracts, etc.

- And what is changing now?

Nothing has changed yet. We are on the way to legal substantiation of such a metamorphosis. The Ministry of Labor of the Russian Federation, within the framework of the federal program “Digital Economy of the Russian Federation,” has developed a corresponding bill that will affect and take into account the interests of all workers. It is expected that from January 1, 2021, information about the labor activities of employees will be maintained only in in electronic format, with the exception of employees who submitted an application for maintaining work records on paper. And we should all be prepared that this will happen soon.

- What will the work book be like in the new format?

- The document will be an electronic file that will be stored in a personalized accounting system. Both in paper and electronic form, the essence of the work book does not change: it main document every working citizen of the country.

- Mohmad-Emi Isaevich, today can we at least somehow outline the advantages of electronic work books?

Of course, there are a lot of advantages here. This is, first of all, the impossibility of counterfeiting books, since all information can be easily verified in electronic form. Reduces the risk that information about professional activity person will be lost. Opportunities arise: to constantly improve the created system and introduce additional auxiliary resources; protect information from errors and typos that are often made when filling out labor documents; employees will be able to quickly respond to the employer’s actions to fill out their work books; interested structures will be able, if necessary, to view all the necessary information about him without the employee.

It also greatly simplifies HR management; protects book owners from employers who do not comply with the deadlines for issuing books upon dismissal; frees the employee from the need to contact the employer every time to obtain a copy of the work book when he needs it. It will be enough just to send your data from the information system to the place of requirement.

Other advantages include standardization and maintenance of personnel information in specialized databases. Having gained access to it, workers will be able to control all the information that is entered into their work book online. Well, and, of course, efficiency. And when registering a transition from one job to another, and when applying for remote work.

- Are the dates for the transition to electronic work books known today?

- It is expected that all payments will be made for 2019 necessary changes into labor legislation, and technical issues were resolved.

Translation paper version into electronic will happen in stages and will begin with the fact that new data will be entered by employers in electronic format. Then, gradually, all the data recorded in the forms earlier will be transferred to computer databases.

From 2021, all work records will be kept only in electronic form. Citizens and organizations for whom the usual form seems most convenient can continue to keep paper work books along with electronic ones. However, for those who got a job for the first time since 2021, this opportunity is not provided.

So far, no one is planning to completely abandon traditional paper work records. If an employee wants his documents to be kept on paper, this cannot be prevented. Despite the fact that in this case, employers will have to do double work - fulfill the requirement to transfer data to the state information system and at the same time maintain paper document flow. To do this, the employee must write to the employer an application to continue maintaining the paper document.

From January 1, 2021, employers will have to give paper work books to employees, as they will no longer be responsible for their storage and maintenance. The only exception will be persons who write an application to continue maintaining a paper document. The bill in this regard states that the maintenance of work books on paper will not be carried out from January 1, 2027.

- Mohmad-Emi Isaevich, what role is assigned territorial authorities Pension Fund in connection with this? Does anything change in functionality?

Employers will submit all information about the work activities of their employees in electronic form to the bodies of the Pension Fund of the Russian Federation: about hiring, transfer to another position or dismissal (date, order number and its content).

In other words, accounting length of service It is expected to include in the current function of the Pension Fund - maintaining individual (personalized) records of insured persons.

It looks quite logical, because now double records of employees’ work experience are being kept: by the Pension Fund of Russia - on the personal accounts of employees and by employers - in work books. Moreover, length of service according to the work record book is not taken into account when assigning a pension from the moment the employee is registered in the compulsory pension insurance system and is assigned SNILS.

The Pension Fund of Russia takes all information about the length of service solely from the employee’s individual personal account data. Therefore, electronic work books will eliminate unnecessary duality in recording work experience.

From January 1, 2020, the employer will be required to provide information about the work activities of the insured persons in information system Pension Fund. The employer will have to submit information about work activity monthly no later than the 15th day of the month following the reporting month. From January 1, 2021, such information in cases of hiring or dismissal must be sent no later than the business day following the day of publication of the document that is the basis for hiring or dismissal.

From labor legislation It is planned to eliminate other outdated requirements. As Ivan Shklovets, deputy head of Rostrud, said, they will “reduce” by-laws, the implementation of which is costly and the result is not obvious. We are talking, for example, about the mandatory maintenance of a vacation schedule. If this proposal is approved, then the employer will be able to compile lists only for his own convenience, but will no longer provide them to labor inspectors during inspection.

This will make life easier not only for personnel officers, but also for the employees themselves. If during the year they want to change the dates of their vacation, then to do this they will not have to run around with an application from boss to boss, collect signatures and affix stamps; it will be enough to verbally coordinate their plans with the head of the department.

However, it will not be possible to completely abandon maintaining a vacation schedule, Natalia Polikarpova, head of the human resources department of a large publishing holding, explained to RG. It will still need to be completed by December 25th. The organization itself is interested in this, so as not to stall the work process and distribute vacation pay during a year.

Another outdated requirement of labor legislation is the procedure for maintaining, recording and storing work books. Now quite strict conditions are prescribed: the books must be stitched, numbered, and sealed with a wax seal. But in our time such a seal can only be found at the post office. The employer must separately order its production, approve it with a special order, and incur additional costs.

"Just imagine, in our age information technologies I have to light a candle and melt a piece of sealing wax on it,” Polikarpova noted.

Are work books needed at all? For micro-enterprises, for example, the government proposed to abolish their mandatory registration. In this case, upon dismissal, a record of the date of termination employment contract, as well as the basis for its termination, is included in the employment contract, says the explanatory note to the document.

But if you still decide to issue the book, then it can be kept at the employee’s home if desired.

In the future, this rule can be extended to all companies, regardless of the number of employees, experts are sure. “Work books have long become an excessive requirement personnel process, - the head of the HR department is sure. - We have had all the data about employees in electronic form for a long time, and in the same form we have been sending it to the Pension Fund of the Russian Federation for a long time. And we stipulate all changes in positions and salaries in employment contracts."

Traditional work books are clearly outdated; human resources departments have been keeping records electronically for a long time

Meanwhile, the Ministry of Labor has repeatedly stated that they plan to convert work books into electronic form.

What else is planned to be eliminated? In terms of conducting labor safety briefings, it is proposed to exclude the requirement to keep a log induction training and include a record of its completion in the employment contract.

Part 6 of Article 136 of the Labor Code of the Russian Federation also requires clarification, establishing documents where the days of wage payment must be indicated. Today these are three documents - internal rules labor regulations, collective agreement, employment contract. Rostrud's proposal is to leave this information in one document of the employer - in the internal labor regulations.

At the same time, it is also necessary to increase the efficiency of the labor inspectorate itself, to create a unified automated system management of control and supervisory activities.

To identify outdated and redundant requirements of the Labor Code of the Russian Federation, a working group was created under the leadership of the Ministry of Labor. And by the end of this year she will prepare a report to the government with her proposals.

A comment

Alexander Safonov, Vice-Rector of the Academy of Labor and Social Relations:

I have long called for a rule to be introduced for employees of small enterprises, according to which work books could be kept in their hands. On the one side, individual entrepreneurs without education legal entity and other representatives of small businesses find it difficult to comply with the currently bureaucratic requirements for storing work records. On the other hand, the workers themselves are at risk: after all, there are cases when small employers suddenly disappear, and people end up not only without wages, but also without documents.

As for vacation, in order to send an employee on vacation, an order is sufficient, which is still approved by the employer. The main thing is that people are released. An employee has the right to leave six months after employment, and he must go on leave no later than 11 months later. Of course, large employers with hundreds or even thousands of employees need a vacation schedule so that the production process does not get disrupted and there are no conflicts in the team. But in this case, the schedule could well be relegated to the category of internal non-binding documents.

What other documents should be abandoned in the field of labor legislation? It is worth reviewing numerous industry documents related to wages and developed back in the Soviet years for individual industries and professions - tractor drivers, metallurgists, and so on. All of them continue to operate because they have not been cancelled. And they cause a lot of controversy. For example, our industries disappeared, and species appeared instead economic activity Thus, when interpreting documents, nuances arise.

An audit of these documents is needed, which should be carried out by trade unions together with employers. Perhaps it would be worth creating working groups with their participation that would assess the feasibility of a number of Soviet documents. And those of them that ensure the preservation of guarantees for special working conditions should remain. And those that are not related to guarantees could be canceled or transferred to the jurisdiction of specific companies. But this must be done very carefully, with a transition period, so that the process is painless.

The final list of “unnecessary” documents should ultimately be submitted for consideration to the Russian tripartite commission for the regulation of social labor relations.

Health

Employers are thinking about the psychological comfort of subordinates

More than 40 percent of Russians experience stress at work. And in Western Europe - 36%.

And stress at work not only has a detrimental effect on the health of the employee, but also hits the pockets of employers. The fact is that in a state of stress, people work much worse and less efficiently, or are even formally present at work, more often become victims of accidents, and get sick. Company losses due to this, for example, in Australia amount to 5.3 billion Australian dollars per year, in Germany - 29.2 billion euros, in France - 3 billion euros.

There are no similar calculations for Russia. Moreover, the list of occupational diseases makes no mention of stress and its consequences. Accordingly, there are no specialists in our country who could establish cause-and-effect relationships between nervous experiences and deterioration in physical health. Our country is just beginning to move in this direction.

The Ministry of Labor on its website announced the year when paper work books will cease to be valid. The draft law on the abolition of work records is already ready.

Cancellation of paper work books

As the Ministry of Labor noted, employers must mandatory use work books until 2027.

From 2027, electronic work books will be introduced in Russia. Deputy Minister Lyubov Yeltsova presented such a bill at the meeting working group Russian tripartite commission for regulation of social and labor relations.

From 2020, employers, in parallel with maintaining paper work books, will transmit online data on citizens’ labor activities to the Pension Fund of the Russian Federation.

From July 1, 2018 - new rules for work books

From July 1, personnel and accounting departments must draw up documents in accordance with the new GOST R 7.0.97-2016. The changes concern the certification of work records, as well as copies of all internal company documents.

The new GOST R 7.0.97-2016 introduces from July 1, 2018 two options for how to certify copies. They depend on how you use the copies - for internal use or give them to another organization.

If you are making copies internally, write: “Correct”, the title of the person who certified it, his signature with a transcript and the date of certification.

In addition to the certification note, indicate where the original document is stored: “The original work record book is located at Vesna LLC in file No. __ for ___ year.” The new GOST requires you to certify with a seal the copies that you hand over (clause 5.26 of GOST R 7.0.97-2016). But if the company refuses to print, then it is impossible to put a stamp. It is likely that Rosstandart will take these shortcomings into account by 2018 and finalize GOST.

Labor books in Russia in their current form are inconvenient for employers, citizens themselves and Pension Fund, said the head of Sberbank German Gref at the All-Russian conference " Online cash registers- new growth opportunities."

“We live in the conditions of this completely chaotic legislation, which was written in the twenties of the last century. And this is inconvenient for employers, we incur gigantic expenses. It is also inconvenient for people who have to carry around with this very work book, God forbid they lose it. This It’s inconvenient for the Pension Fund, which must enter and calculate all this manually,” RIA Novosti reports the words of the head of Sberbank.

“Today we spend hundreds of thousands of eco-hours filling out a work book, always with a blue pen, always with a blue stamp and it must be filled out by hand. If you accidentally lost it, you need to run around a huge number of organizations, and they have long been maybe they don’t and don’t exist, they have already closed, but pensions need to be calculated. This is a huge problem,” Gref complained.

In the early 2010s, the idea of ​​abolishing work books was discussed, leaving a transition period for those who were “used to them.” However, in 2016, the head of the Ministry of Labor, Maxim Topilin, announced that they would not abandon books in the near future, but a transition to an electronic version was possible.

However, the head of the Social Committee of the Federation Council, Valery Ryazansky, has already spoken out that he considers it premature to abandon paper work records in the Russian Federation.

This material is an excerpt from a literary transcript of the question and answer session after the seminar “What the labor inspectorate fines for” (lecturer - A.I. Dybov), which was conducted by the publishing house " main book" A.V. answered some of the listeners’ questions. Rymkevich.

A survey on the website www.glavbukh.ru showed that more than half of our readers are excited about the possible abolition of work records. Meanwhile, the upcoming changes in labor legislation are not limited to the abolition of labor laws. Alexander Safonov, Deputy Minister of Health and Social Development, told us what we should prepare for.

In this regard, Klerk.Ru conducted a survey "", according to the results of which 66% of respondents opposed the abolition of the work book and noted that this is the only document guaranteeing a pension in old age.

At the same time, 33% of respondents believe that the work book should be abolished, since this document has simply become obsolete.

Work records will be cancelled. Deputy Minister of Health and Social Development Alexander Safonov recently announced plans for such a revolutionary change. An official from the Ministry of Health and Social Development, a well-known personnel lecturer and a chief accountant spoke to our editorial office about how to prepare for this event.

The Ministry of Health and Social Development is planning work books from 2012. At the same time, the ministry is convinced that the work book has become an anachronism and often causes a violation of the rights of its owner.

In this regard, Klerk.Ru decided to conduct a survey “” and invites its readers to express their own opinion on this issue.

Ministry of Health and social development The Russian Federation has proposed to scrap the main document of all workers starting next year. The department believes that the use of a work book today is absolutely ineffective.

First Deputy Chairman of the Federation Council Alexander Torshin stated the inadmissibility of mass and mandatory cancellation of work books, noting that such cancellation should be gradual and voluntary.

According to the press service of the Federation Council, in particular, Torshin said that citizens should have the right to demand that their employer issue a work record book, since an automatic ban on work records will give rise to a lot of legal problems.

At the same time, the senator noted that now it will be necessary to analyze everything current legislature and adopt appropriate amendments to those laws that in one way or another regulate the issues of registration of a work record book.

Senators supported the abolition of work records. At the same time, a number of senators “draw attention to the need for reliable guarantees that citizens will not suffer when calculating pensions in the event of changes in legislation or computer failures,” the press service of the Federation Council reports.

Thus, in particular, Deputy Chairman of the Federation Council Committee on Social Policy and Health Konstantin Titov noted: “From the point of view market economy, the work book is an anachronism, so we need to get away from this system. However, a hasty departure from the practice of using work records is unacceptable. First, special documents should appear that would describe in detail the new procedure for calculating length of service for calculating pensions. Without them, there can be no talk of abolishing work records at all.”

Member of the Federation Council Committee on Federation Affairs and Regional Policy Amir Gallyamov noted in this regard: “The idea of ​​the Ministry of Health and Social Development is close to me. A work record and modern youth are incompatible concepts. In addition, where there are work books, there is corruption, since they are forged, sold and bought. So I’m easily ready to give up my work book.”

At the same time, it is premature to cancel the institution of work records starting next year, the senator believes.

There will be no premature liquidation of work records

The senators supported the initiative of the Russian Ministry of Health and Social Development, which recommended starting to abolish work records in 2012, leaving a 10-year transition period.

According to the press service of the Federation Council, according to Amir Gallyamov, a member of the Committee on Regional Policy, a work record book and modern youth are incompatible concepts. In addition, books are counterfeited, sold and bought.

“I’m easily ready to give up my work book. At the same time, one cannot blame people of the older generation, to whom it is dear as a memory of a hard working life. For them, a work record is not only their length of service, but also their achievements, marked in their work with thanks and rewards. I believe that starting next year it is premature to cancel the institution of work records. There is no rush to do this, but in the future, of course, they should be abolished,” the senator noted.

"HR service and personnel management of the enterprise", 2011, N 11

Labor legislation regulates relations arising with a huge number of persons for whom the only source of income is wage. The length of service under the employment contract and the possibility of confirming it are available great importance in various situations, including when assigning a pension and determining its size. One of the main documents today that allows you to confirm the work experience earned throughout your life is the work book. That is why the information provided by the media about possible refusal from the use of work records, received wide resonance among the population. Abolishing work books would seem to be a simple matter. At the same time, it requires a balanced, reasonable approach to resolving issues relating to rights, freedoms and legitimate interests wide range persons

Background

The issue of abolishing work records was raised back in 2006, when the State Duma Russian Federation voiced this idea. Thus, Andrei Isaev, chairman of the State Duma Committee on Labor and Social Policy, made a proposal to stop issuing work books. Without insisting on the immediate abolition of work records, he emphasized the need to carry out work in this direction. According to A. Isaev, “work books were introduced in the era of war communism. Then the size of the food ration that a person received depended on this document. And today... they play virtually no role in a person’s life, except for the fiscal one. Work book of an employee dismissed at the initiative of the employer, often becomes a “wolf ticket” for the owner. And in other situations, the book is successfully replaced by other documents: a certificate of pension insurance and recommendations from former employers.”<1>. This position was supported by Alexander Pochinok, who headed the Russian Ministry of Health and Social Development at that time. He also believed it was possible to cancel work books that had been lost for modern stage its importance. These top-level statements raised questions at the time. Representatives of employers asked questions about what to do after the cancellation of work records. However, after it was explained, incl. In the media that it is planned to abolish work books in 2009, the excitement has died down somewhat. Today it flared up with renewed vigor, after Deputy Minister of the Ministry of Health and Social Development Alexander Safonov expressed his opinion on the admissibility of abolishing work records. At the same time, he clarified that the decision to cancel has not yet been made and whether it will be made is unknown. Despite this, all media outlets have spoken in one way or another about the possible prospect of abolishing work records.

It was publications in the media that served as the reason for a new round of discussion of, frankly speaking, a difficult problem. It is hardly possible to answer the question unambiguously: should work books be abolished or not, taking into account the specifics of the formation and development of labor relations in Russia?

Labor law of the Soviet period was formed under the conditions of an administrative-command system, when imperative methods of regulating labor relations prevailed over contractual ones. In other words, the use of hired labor of workers was determined centrally, at the level of government bodies. The possibility of establishing conditions by contract was minimized, therefore, the independence of the employer of that period was significantly limited.

The transition to a market radically changed the relationship between centralized and contractual regulation of labor relations. With acceptance Labor Code Of the Russian Federation, the state reserved for itself the establishment of exclusively minimum guarantees, which is confirmed in the requirements provided for in Art. 6 Labor Code of the Russian Federation.

Document fragment. Article 6 of the Labor Code of the Russian Federation

The jurisdiction of federal government bodies in the field of labor relations and other directly related relations includes the adoption of mandatory for application throughout the Russian Federation federal laws and other normative legal acts establishing, for example, the fundamentals legal regulation labor relations and other relations directly related to them (including the definition of rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of work); the state-provided level of labor rights, freedoms and guarantees for employees (including additional guarantees for certain categories of workers); the procedure for concluding, amending and terminating employment contracts; basics social partnership, the procedure for conducting collective bargaining, concluding and amending collective agreements and agreements; procedure for resolving individual and collective labor disputes; principles and procedures for implementation state supervision and monitoring compliance with labor legislation and other regulatory legal acts containing labor law norms, as well as the system and powers of federal government bodies exercising the said supervision and control; procedure for investigating industrial accidents and occupational diseases; the system and procedure for certification of workplaces according to working conditions, state examination of working conditions, confirmation of compliance of the organization of work on labor protection with state regulatory requirements for labor protection; order and conditions financial liability parties to the employment contract, including the procedure for compensation for harm to the life and health of the employee caused to him in connection with his performance labor responsibilities; kinds disciplinary sanctions and the procedure for their application; state system statistical reporting on labor and labor protection issues; features of legal regulation of labor of certain categories of workers.

The contractual method of establishing working conditions, which at the present stage has received wide application, is still very limited in comparison with the possibilities of determining the conditions for performing work under a civil contract. At the same time, the ratio of centralized and contractual methods has changed significantly. It should be noted that currently the employer’s ability to independently establish working conditions at the level of local regulation has been greatly expanded, incl. by concluding a collective agreement or an employment contract. Attaching importance to the employment contract, the legislator nevertheless retained imperative methods of regulating labor relations, which should include norms defining the employer’s obligations to hire an employee, issue local regulations, ensure maintenance and storage of work books, etc.

Without focusing on the significant increase in personnel document flow, which the employer is obliged to maintain as a result of the transition to market relations, I would like to note that the unilateral abolition of work records does not solve the main problem - determining the issue of formation personnel policy, registration of labor relations.

It seems necessary to decide this problem comprehensively, in interconnection, establishing not only a new rule, for example, in the form of abolishing work records, but also providing a mechanism for its implementation. Otherwise, this will serve as the basis for the emergence of new problems that will need to be solved not only by the employer and employees, but also by the legislative authorities. However, in the absence of a proper definition of the rules for registering labor relations with the simultaneous withdrawal of work books from circulation, the employer will once again be faced with a dilemma: what should he do in order to act lawfully, comply with the new norms and at the same time not violate the labor legislation adopted before the reforms.

Unfortunately, modern reality is such that the legislator’s imposition of certain responsibilities on individual subjects public relations(in our case - on the employer) is often associated with the lack of appropriate legal means to ensure the very possibility of fulfilling their legal obligations. And vice versa: the establishment of a new right that is not secured by adequate legal means, does not allow it to be fully implemented (in the situation under consideration we are talking about ensuring the subjective rights of the employee).

Analysis of the proposal to abolish work records

The abolition of work records cannot be clearly classified as a positive or negative phenomenon. A superficial perception of this problem allows us to highlight several pros and cons of this proposal. They are shown schematically in the table.

Analysis of the decision to cancel work records

Employee position

Thus, employees, on the one hand, are interested in a work record book, which today, when concluding an employment contract with another employer, allows them to confirm not only work experience, but also the fact of termination of employment with another employer. The work record book confirms that the employee has the work experience necessary to grant him a pension, special work experience, for example, work in harmful, dangerous conditions, which gives the right to a pension on preferential terms.

Yes, we can say that their performance of higher-paid work (performance of duties in a higher position), when the work was temporary, is not confirmed by the contents of the work book. However, these are shortcomings that can be eliminated by a written agreement to the employment contract concluded by the parties, by an order from the employer temporary transfer employee to another job. At the same time, basic information, including the employee’s attitude to work, is contained in the work book. In particular, it includes information about employee incentives that have a positive impact on his ability to exercise his right to work in the conditions in which he is interested.

On the other hand, the employee seriously suffers from the behavior of an unscrupulous employer with whom he has an employment relationship. In particular, an employer, not wanting to lose a good employee, has the opportunity to “spoil” his work record in order to create problems for him in the future with employment. For example, the employer can make an entry in the employee’s work book about dismissal for violation of labor discipline which he did not commit. An employer may use illegal means by not issuing a work book on the last day of work, understanding that by such behavior he is depriving the employee of the opportunity to find a job in a prestigious company, which does not allow work in the absence of a work book and, for these reasons, does not conclude an employment contract with the applicant. Thus, the employer creates certain conditions in order for the employee to maintain an employment relationship with him.

When an employer is interested in terminating an employment relationship with an employee, he also has the opportunity, through illegal behavior, to influence the employee’s choice of decision: to refuse the guarantees provided for by law and agree to the employer’s offer to resign. at will. The employer often intimidates the employee by applying measures against him disciplinary liability, if he refuses to carry out the actions proposed by the employer. This vicious practice has become quite widespread in Lately and poses a direct, clear threat from the employer. The lack of adequate means of protecting the employee’s violated rights influences his choice: he, as a rule, refuses the guarantees provided by law and leaves “on good terms.” In many ways, as we see, the employer uses existing system legal means providing the employer with a solution to his problems, including last place occupy work books provided for by labor legislation.

Employer's position

The problem of maintaining work records by employers is also ambiguous. Thus, for an employer, a work book allows one to determine the employee’s business qualities, his attitude to work, and to avoid offenses during hiring, for example, on a part-time basis in harmful, dangerous working conditions. The work record in some way influences the discipline of the employee who is in an employment relationship with him. Refusal to maintain work records and the use of disciplinary measures in the form of dismissal for violation of labor discipline will most likely lead to the fact that this type of punishment will not have the impact on the employee’s behavior that it has today. This, in turn, will create certain preconditions for an increase in cases of irresponsible behavior of employees, as was observed, for example, during the introduction of a new rule obliging the employer to create a new work book for any employee who, when concluding an employment contract, declared its loss, destruction, etc. the reason for her absence.

At the same time, maintaining work records significantly increases personnel document flow. All this is associated with increased staff costs, which negatively affects the interests of the employer. Maintaining and storing work books involves the employer's responsibility for their loss or untimely delivery to the employee, which can also be considered one of the shortcomings of modern regulation of labor relations.

conclusions

Despite this, refusal to maintain work books requires the additional establishment of rules of behavior that make up for the possibility of confirming the information contained in the work book, which involves an analysis of the legislation, the effectiveness of the mechanism for its application and the prospect of forming the necessary legal means to ensure the implementation of the right (exercise of subjective rights, execution legal responsibilities, compliance with labor laws, law enforcement).

Only in this way is it possible to reform labor legislation related to the refusal to maintain work records.

Taking into account the above, it seems necessary to analyze the legal norms available at the present stage, which in one way or another regulate the procedure for formalizing labor relations (formation of personnel documentation). Before submitting a proposal to reform labor legislation to the legislative body, it is necessary to assess the availability of legal means for implementing the right, both existing and proposed.

I.A.Kostyan

Department of Labor Law

Moscow State University named after M.V. Lomonosova