Recently, the issue of refusal of work record books or keeping them in electronic form is increasingly being considered. But the work record books still are the main document of the employee, which certifies his/her labor activity.What should employers know about work record books?
Issuing of work record books
Work record books are the basic document on labor activity of a person (Art. 48 of the Labor Code of Ukraine, hereinafter − Labor Code). They are issued to all employees who work in an enterprise, institution, organization or for individual for more than five days. Work record books are also kept on freelance workers, provided that they are subject to compulsory state social insurance, students of higher education and students of vocational schools that are trained at an enterprise, institution or organization.
Work record books for part-time employees are issued only at the place of basic work.
Work record books are kept in accordance with the rules approved by the Guidelines on the procedure for keeping work record books of employees, approved by the order of the Ministry of Labor of Ukraine, the Ministry of Justice of Ukraine, Ministry of Social Protection of the Population of Ukraine dated July 29, 1993, No. 58 (hereinafter − Guidelines No. 58).
Rules for the employer
Employer must follow the basic rules when working with work record books:
- to appoint by the order a worker responsible for keeping work record books, books for accounting for the flow of work record books;
- to control the availability of forms for work record books and inserts;
- to provide conditions for the storage of work books and letterheads (inserts).
Issues related to the procedure for keeping work record books, their storage, manufacturing, supply and accounting, are regulated by the Resolution of the Cabinet of Ministers of Ukraine “On work record books of employees” of 27.04.1993, No. 301 (hereinafter − Resolution No. 301). This Resolution also approved the samples of the forms of the work record books and the insert to it.
When hiring an employee, it is required to provide a work record book issued in accordance with the established procedure, and insert it (if any). The person responsible for keeping work record books at the enterprise should check:
- the authenticity of a work record books form;
- data on the title page of the work record book, which should be verified with the data in the passport;
- compliance of the records in the work record book with the requirements of Guidelines No. 58;
- the presence of a seal of the enterprise or personnel service and signature of the responsible person on the front page.
Without these requisites, a work record book is invalid.
If the worker has employment for the first time
Only those who are recruited for the first time can be hired without a work record book. They must present a passport or other identity document, and a diploma or other document on education or training. Servicemen (discharged) and military personnel should present a military service record card, persons released from places of punishment, − a certificate of release.
Employees who start working for the first time, the work record book is filled not later than one week from the day they are recruited (para. 2.2 of Guidelines No. 58).
The storage of work record book
Work record books should be stored at enterprises, institutions and organizations, and in case of dismissal, they are issued to employees against receipt in the accounting journal.
Work record books of workers who work under the terms of an employment contract from individuals − entrepreneurs without a legal entity with the right to hire, and individuals who use hired labor related to the provision of services (cooks, nannies, drivers, etc.) , are stored directly by the employees (para. 2.21-1 of Guidelines No. 58).
Responsibility for the organization of accounting, storage and issuance of work record books falls on the head of the enterprise, institution, organization.
