Everything about whether an entry is made in the work book for a fixed-term employment contract. Sample document. For example, LLC Firefly. Entries in the work book of a part-time worker

To accurately answer the question of whether to record in work book 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 fired, and a temporary one with a probationary period was put in his place, then an entry must be made, since this person may, after expiration probationary period become a permanent full director.

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 work as a director.

The exception is cases if there was an agreement between the employee and the employer special agreement, where other deadlines for fulfilling duties were indicated. 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.

Acting 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.

In addition, the test period is not rubber-stamp and its scope is clearly indicated in the same article of the Labor Code of the Russian Federation:

No more than six months for managers, chief accountants and their deputies.
Three months for ordinary workers.
A different period for civil servants and other categories in accordance with certain federal laws.

For persons who have signed an employment contract for several months - from two to six - maximum term testing is equal to two weeks. If, during the period allotted for the test, the employee falls ill, this stops its progress, but is not the basis for a decision on its failure. The probationary period does not in any way affect the duration or payment of sick leave. Possible results The test can be compared to a competition that a candidate who wants to enroll must undergo public service and here, too, perhaps there are only two results: passed it or not.

The nuances of making an entry in the work book during the probationary period

Before making a correct entry in the work book after the end of the probationary period, it should be noted that the basis for recording such data is solely the order of the employer. The entered data must strictly comply with the wording of the order, and are made only after the publication of the administrative document.

Data entry must be completed within a week. When preparing documents related to dismissal, information must be entered on the last working day.

Making records related to the probationary period Based on the requirements of the Rules, information that a preliminary period was established when accepting a new employee should not be entered. An entry in the employment record that the employee has not completed the probationary period is made upon dismissal for the specified reason.

Probationary period: we write it down in the work book

If you need to terminate a contract with a recently hired employee, two questions arise: how to correctly complete all the formalities. and are there features that help prevent conflict situations in the future. The answers to them are discussed in this article. What does Russian legislation say? A probationary period is assigned when a new employee starts working.

During this period, it is determined whether the candidate is suitable for the proposed position and whether he has a sufficient level of qualifications. He also takes a closer look at the employer, working conditions, and team and makes a decision: is it worth continuing to work here.
Maximum test duration, based on Art.

Dismissal for failure to complete probationary period

Attention

If the probationary period has expired during periods of incapacity or vacation, then upon returning to work, the probationary period for the employee must be extended for the period during which he was actually absent from work (Part 7 of Article 70 of the Labor Code of the Russian Federation). If an employee realizes before the expiration of the probationary period that the working conditions are not suitable for him, he has the opportunity to resign. at will with prior warning to the employer in writing, made three days before dismissal (Part 4 of Article 71 of the Labor Code of the Russian Federation).

Calculation and dismissal of an employee who has not completed the probationary period After the employee is warned of the upcoming dismissal as having not completed the probationary period, the employer, in accordance with Part 1 of Article 84.1 of the Labor Code of the Russian Federation, must issue a dismissal order and familiarize the employee with it against signature.

Dismissal for failure to complete probationary period

Info

In two different cases Records of reasons for dismissal during probation may vary:

the employee decided to resign of his own free will;

In this case, he will need to undergo work within 3 days from the date of submitting the appropriate application to the manager, which indicates the reason for his desire to quit.

the employer himself decided to dismiss a subordinate for some gross violation;

The employer can put the phrase “unsatisfactory result” in the appropriate box and provide links to documents confirming this fact. Without documentary evidence, such recording is not allowed.

In general, most often, both parties come to an agreement, and the employee’s work book indicates dismissal at his own request, which will not entail any complications for both parties.

Firstly, a person also has the right to evaluate a company. And if he is not satisfied with it, he terminates the contract on his own initiative and receives a note that he resigned of his own free will.
Secondly, if the employer decides that the newcomer is not suitable for the position and wants to fire him with a mention in the employment report of unsatisfactory results, the company must have very compelling reasons and documented facts to do just that.

Usually, both parties, having come to the conclusion that it is necessary to terminate the employment contract, want to resolve the problem peacefully and in a civilized manner.

Entry in the work book during the probationary period

According to the law Russian Federation, when concluding an employment agreement or contract, it is possible to provide trial period. This is regulated by the seventieth article of the Code and is applied in practice only with mutual consent between the employer and the new employee.

But sometimes doubts arise about whether an entry is made in the work book during the probationary period. Content

1 Why do you need to make a recording?
2 How to avoid an “unpleasant” recording
- 2.1 Statement of reason
3 Grounds for recording an unsuccessful check completion
4 Dismissal rules
- 4.1 What can serve as evidence of non-compliance

Why do you need to record? It is mandatory to prepare a work permit for all newly arrived employees.

Is an entry made into the employment record if you leave during a probationary period*?

To do this you must comply with:

written form of warning;
notice period - no later than three days before dismissal;
the need to indicate the reasons for dismissal - in connection with an unsatisfactory assessment of the test results.

A sample notice of dismissal due to failure to pass the test is given below. Important: When warning an employee about upcoming dismissal, the period of such warning includes non-working days (Part 3 of Article 14, Part 1 of Article 71 of the Labor Code of the Russian Federation).

The employer does not have the right to decide that the new employee has not passed the probationary period and dismiss him on the basis of Part 1 of Article 71 of the Labor Code of the Russian Federation at a time when the employee is on sick leave or on vacation, because such actions are prohibited by part 6 of article 81 of the Labor Code of the Russian Federation.
In this case, the employee is not even paid severance pay. Dismissal as someone who has not completed the probationary period Reasons Today, almost all employers include a probationary period in their employment contracts, as this guarantees him the opportunity to dismiss an employee who is unfit for work in a simplified manner.

Such a period does not provide any other advantages to the employer. The law specifies a very vague wording - an unsatisfactory test result.

There are no clarifying criteria, so employers have to play it safe and, upon dismissal from the probationary period, draw up documents confirming this. Among the most common reasons can be attributed:

Violation of labor discipline.

Is an entry made into the labor record if the probationary period has not passed?

She cannot be fired with the wording as not tested, but only in general order. It is impossible to dismiss with reference to Article 71 of the Labor Code of the Russian Federation:

minors;
persons with whom an employment contract was concluded for only two months;
employees transferred to another employer by agreement with the previous one;
a citizen elected by the people to a paid position;
students who first entered work within a year from the date of receiving a diploma of secondary or higher education in accredited educational institutions;
employees who, before receiving a job, passed the appropriate competition in accordance with the Labor Code of the Russian Federation or other legal regulations.

Controversial aspects of the procedure and judicial practice In vain, many employers believe that they should not motivate the dismissal of a person from the probationary period.
If we are talking specifically about how to correctly make an entry in the work book about dismissal at the end of the probationary period, you should be guided first of all by clause 5.3 of the Instructions. This paragraph regulates the procedure for entering information about dismissal at the initiative of the employer. For example, the relevant data may look like this: “)Dismissed due to unsatisfactory test results, part 1 of article 71 of the Labor Code of the Russian Federation.” Peculiarities of entering information about dismissal and acceptance upon transfer In accordance with Section 6 of the Instructions, an entry in the work book of employment in connection with a transfer from another organization must necessarily contain information in what order the transfer was carried out. Column three contains information about whether the transfer was made at the employee’s request, or whether the employee agreed to the employer’s offer. In p.

entry in the work book of 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?

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 the job is unavailable, 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

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 an additional agreement on 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.

Acting 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 a 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.

You would have to be a very irresponsible employee to part with the company after receiving an unseemly record of test failure. back to contents Indication of the reason Distinctive feature maintaining a personnel document during the period of testing an employee for suitability can consist of only one point - a reason for dismissal. How to correctly make an entry in the work book if an employee is fired at the end of the probationary period? If in employment contract If a clause regarding the conditions of the probationary period was previously written down, you can simply refer to it in the dismissal order and quote this line. Severance pay however, it is not paid. This is permissible if the employer and employee mutually agree that it is necessary to terminate cooperation.

The nuances of making an entry in the work book during the probationary period

Record of negative completion of the inspection 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 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 evaluating him future activities for the probationary period.
He was informed that he could be fired early if violations were discovered.

Probationary period: we write it down in the work book

Basic rules for establishing a probationary period There are basic mandatory requirements law regarding the application of the seventieth article of the Labor Code of the Russian Federation:

A probationary period can only be established with the consent of the employee. Such consent must be reflected in the application for admission)
the maximum duration of the test is strictly regulated by the norms of the Labor Code of the Russian Federation, and ranges from three to six months, depending on the proposed position)
the corresponding condition must be provided for in the agreement or contract. Otherwise, the employee is considered to be accepted without any conditions.
There are restrictions in relation to certain categories of persons, when concluding an agreement (contract) with whom it is prohibited to establish a trial period (Part.
4 tbsp.

Dismissal for failure to complete probationary period

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, the employer indicates the reason for dismissal at the employee’s own request.

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.

Dismissal for failure to complete probationary period

The legislation provides for the need to enter any data on the employee’s movements within the institution, but special importance is given to the last entry, which regulates the criteria for evaluating the employee during permanent job or completing a probationary period. During what period and on the basis of what documents are entries made into the work book? Is entry made into the work book during the probationary period? According to the Labor Code of the Russian Federation, all data relating to the employment of a potential applicant must be entered into the work book, and the probationary period is no exception. Of course, most future employees are afraid of any questions regarding the registration of the work book at the enterprise, because one negative entry can radically worsen a person’s chances of finding employment in a successful company.

Who can't be fired? The law contains a list for whom the legal institution of probation cannot generally be applied. Pregnant women and women who have a dependent child under the age of one and a half years are especially singled out. Even if the employment contract of such women specifies a test, this condition is void and does not give the employer any rights to their simplified dismissal.

Attention

In this case, the employer is less protected, since a woman, when applying for a job, can hide the fact of pregnancy or become pregnant during the test. From a legal point of view it doesn't matter. You cannot fire a pregnant woman, even if she has not passed it. The only option is possible if the pregnant woman has entered into a fixed-term contract with the employer.

Dismissal is possible only after the expiration of the contract itself. There are also difficulties with the second criterion - the presence of a minor dependent.

Entry in the work book during the probationary period

Evidence may contain the following documents:

report from the immediate supervisor;
acts of acceptance and delivery of work or goods;
statements, complaints from the company's clients;
facts of lateness recorded in logs at the checkpoint;
orders to impose liability;
explanatory, etc.

At least three pieces of evidence of violations are provided. All documents must be attached to the dismissal order and are taken into account if the regulatory conditions are met on how to make a correct entry in the work book after the end of the probationary period. If an employee does not come to work after informing him of the decision to terminate cooperation, an official notice of dismissal is sent to his address with a request to pick up the work book and receive a payment.

Is an entry made into the employment record if you leave during a probationary period*?

However, it should be borne in mind that a record of unsatisfactory performance can only be officially taken into account if there are compelling reasons for this. Read more about the probationary period here: Similar situations may include cases where, due to the fault of an employee undergoing a probationary period, the company suffered significant financial losses, or the employee was found to have committed a serious violation statutory documents or the legislation itself. But even in such situations, the employer must provide documentary evidence of the violation, otherwise the entry in the work book will not be considered official.

How to set a probationary period for an employee when applying for a job? What if an entry in the employment record is not made? If during the probationary period there is no corresponding note in the work book, then neither the employer nor the employee will be able to prove the fact of cooperation.
If it so happens that you suddenly found the first TrKn, then it should be kept in your home. now your only TrKn is the one marked “Duplicate”. 02/11/2010 23:03 #11 thank you all.....just to avoid that note for 2 months I will use a duplicate (when I left my previous job I took a duplicate just in case) 02/11/2010 23:04 #12 Message from spikir2006 yes to me he wouldn’t be needed there. It’s NOT needed yet. And then it may turn out that just these two months will not be enough until retirement...:))) 02.11.2010 23:06 #13 Message from spikir2006 ...(when I left my previous job and took the dubyl just in case) What do you mean? Did your previous employer “lose” the original of your TRK and gave you a duplicate? 02/12/2010 05:52 #14 Message from Irbis What do you mean? Did your previous employer “lose” the original of your TRK and gave you a duplicate? the situation is like this...

Is an entry made into the labor record if the probationary period has not passed?

In accordance with Art. 70 of the Labor Code of the Russian Federation, when concluding an employment contract with a newly hired employee, a preliminary work verification period may be established. The purpose of establishing a trial period is to test a new employee for suitability for the position held. To the hired employee It also provides an opportunity to assess the situation in a new place.

An entry in the work book during the probationary period is made by the employer. Many employers and employees, when formalizing working relationships in this way, a reasonable question arises: is an entry made in the work book during the probationary period? In order to understand this, it is necessary to study in more detail the legal aspects governing this area.
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 necessary documents which became the basis for this decision. If no signals are received from the employer, then the employee is automatically considered hired on a permanent basis.
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 entry, and the document is issued to the dismissed employee.

A list of situations is given when such conclusions are allowed.

IMPORTANT: It is permissible to conclude a fixed-term contract with employees only when there is official confirmation that it is impossible to conclude a permanent, open-ended contract.

In this case, the period of work may be limited to different durations. It can be less than two months for temporary or seasonal work.

Accordingly, it is not advisable to hire workers for such a period. However, according to the norms of Article 65 of the Labor Code of the Russian Federation, an entry is made whenever the employee claims to make it.

If a person is hired as a deputy for a temporary vacancy, the period of his work may be quite long.

For example, absence from maternity leave and further leave to care for a child until the child is three years old can open up a vacancy for 3 or more years.

The same applies to university teachers and other specialists who are elected by competition for a 5-year term. In this case, keeping the book with the employer, with information about the position filled in, is extremely advisable.

Therefore, according to the regulations, the legality of making an entry is as follows:

for short-term employment relationships - up to three months, including when registering seasonal workers, the employment contract is issued at the request of its owner.
When replacing during maternity leave, in elective positions for a period of 4-5 years, the document must be submitted or issued at the place of work for first-time employed persons.

The registration of information in the labor office has minor differences with open-ended types of employment.

However, the employer is obliged to follow them in order to avoid violations of HR standards, focusing on the provisions of Article 66 of the Labor Code of the Russian Federation.

The specifics of the design are as follows:

the entry into office is identical to that made in the case of permanent employment;
the dismissal record differs in the grounds for termination of work;
the remaining provisions are also unified and based on basic norms.

Procedure for creating an employment record

The book is filled out by the employer, a personnel specialist or a special authorized person responsible for maintaining and storing the books. Such powers can be transferred to employees if the entrepreneur or company does not have a specially dedicated personnel production.

The assignment of responsibility is formalized by a special order, indicating the position and personal data of the person assigned to the work.

After which third parties do not have the right to access personnel documentation.

The entry into office is made no later than 5 days after the appointment. A fixed-term employment contract and an order for employment are preliminarily prepared, executed and signed by the parties (Article 65 of the Labor Code).

The contract and order must indicate the reason for the upcoming dismissal or its date, otherwise it will be regarded as concluded for an indefinite period and the dismissal will be illegal.

Entering information according to the sample

At the top of the sheet, without indicating the serial number and date, the name of the company or individual entrepreneur is indicated. The line below in the first column contains the serial number following the previous entry. For the first time, employed persons are given 1, without the symbol No.

In the second column, where you should enter the date of hiring, there are 3 columns.

They are entered in turn:

number;
month;
year of employment.

The entered date must correspond to the first working day specified in the application for admission, contract and relevant order.

The third column contains information about what position the temporary worker or deputy is taking.

The recording is made concisely. For example: “Accept the position of salesperson in the office supplies department.”

There is no need to indicate here that the main employee is being replaced or that the person is employed temporarily for other reasons. This information must be present in the order and employment contract.

The fourth column contains the grounds for employment. These are the employment orders. Enter the name of the document “order” and its output data: number and date of issue.

The entered information about taking up a position is not endorsed or certified by a seal. They remain in this form until they are fired. The legal capacity of a record is based on an order and an agreement.

Hiring under a fixed-term employment contract; entry in the employment record:

Redundant information in the employment record is highlighted in orange:

The procedure for indicating information about dismissal

Dismissal is governed by the norms of the contract, which loses legal force on the day appointed upon its conclusion.

If we are talking about a deputy, it is due to the departure of the main employee. It is also allowed early termination, at the initiative of one of the counterparties.

Before filling out the employment form, a dismissal order is drawn up. The date of dismissal must coincide with the information entered in the book and the day of termination of the contract specified at its conclusion.

If a deputy was accepted, then the order indicates the reason: “in connection with the release of Ivanova I.I.” In this case, the day of departure of the deputy must be indicated as the day preceding the departure of the main employee.

Entering information according to the regulations

There is no longer any need to indicate the company name. The serial number following the previous one is immediately placed. Next, using a similar principle, the date of dismissal corresponding to the last working day is entered.

The job details include basic wording that should reflect termination standards labor relations for fixed-term contracts.

The wording provides the following entry:“Dismissed due to termination of the employment contract”, followed by a mandatory reference to legal norms: “based on clause 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

Abbreviations such as the Labor Code of the Russian Federation are not allowed in the name of a legislative document.

If termination occurs early, other articles of legislation are indicated, according to the initiative taken by the employee or employer. Then the norms for entering information will not differ in any way from permanent, open-ended employment relationships.

After making an entry, the visa of the employer (IP) or the authorized person who made the entry is issued.

At the same time, his position and surname with initials are entered. When transferring the document into the hands of the owner, he also puts his signature a line lower than the person responsible for entering the information.

After the entered data is certified by the signature of an authorized employee, a stamp is affixed. Here, a round seal of the organization is used, which must not be replaced with a personnel seal.

Its location must comply with basic standards:

horizontally - in the middle of the sheet;
vertically – two lines below the employer’s signature.

The completed document is issued personally to the resigning temporary worker on the last working day. Information about the issue must be entered in the issue journal, signed by the responsible person and the owner of the document.

An example of making a notice of dismissal under a fixed-term employment contract: