Filling out a work book SP for yourself. How is the registration of a personal work book by an individual entrepreneur (IP)

Entrepreneur's entry in the work book

• Should he record in his own TRK?
• Is he obliged to manage the TRK of hired employees?

The answers to these questions will vary.

An entrepreneur cannot make an entry in his own Labor Code, since only data on labor activity is entered into it (see article 66 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code). An individual registered as an individual entrepreneur is engaged in entrepreneurial activity, that is, activity aimed at making a profit and carried out at his own peril and risk (paragraph 3 of part 1 of article 2 of the Civil Code of the Russian Federation). An individual entrepreneur cannot make an entry in the work book in relation to himself, just as he cannot pay himself a salary. This position is adhered to by Rostrud in a letter dated 27.02.2009 No. 358-6-1.

On the other hand, an entrepreneur is obliged to make entries in the TRK of individuals who work for him. Such a requirement is contained in par. 3 tbsp. 66 TC. So, an individual entrepreneur should maintain a TRC for his employees who:

• work at his permanent place of work;
• work for an entrepreneur for more than 5 days.

How to fill out an individual entrepreneur workbook correctly: a sample

The TRK form, as well as the rules for its registration and maintenance, are established by the following regulatory acts:

• Rules of conduct ..., approved. Resolution of the Government of the Russian Federation dated 04.16.2003 No. 225.
• Instructions for filling ... approved. Resolution of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69. For details, see the article “Instructions for filling out and maintaining work books”.

Here are their main provisions:

• dates in TRK are indicated in numerical format: dd.mm.yyyy (for example, 12/21/2017);
• the names of the documents on the basis of which the entry is made must be indicated in full (for example, an order), reduction to etc. is not allowed;
• the name of the entrepreneurial employer must be indicated in column 3 in full (for example, an individual entrepreneur Krotov Sergey Alexandrovich).

A job application consists of an indication:

• record numbers in order;
• date, month and year when the employee was employed;
• the position of the employee with an indication of the structural unit, if any;
• details of the document with which the employee was hired (for details, see the article "Filling out the work book when applying for a job - sample").

When an employee is dismissed, the following are indicated:

• the next entry number in the order;
• the day of dismissal of an employee, as a rule, this is the last day of the performance of his duties;
• the reason for dismissal and the required article of the Labor Code, reductions in this case are also not allowed.

So, speaking about the individual entrepreneur and the work book, you need to remember 2 points. The entrepreneur does not enter information about himself in the TRK, since he carries out entrepreneurial, not labor activities. The individual entrepreneur fills in the TRK of its employees as an employer-legal entity.

Good day to all! In my group in VK " Business Secrets for a Newbie"Quite often, questions come from entrepreneurs about how to properly register a person for their job, how to conclude with a person and how to fill out an employee's work book correctly as an individual entrepreneur... That is why I decided to analyze this issue in more detail and write an article.

After filling out, the labor entrepreneur must prepare and stand up for the (social insurance fund), as well as register as an employer with the FSS.

How can an individual entrepreneur fill out a work book for himself?

This question is quite popular and I get asked it at an enviable frequency. I want to disappoint you, the fact is that an individual entrepreneur does not have the right to fill out a work book for himself, since he cannot be with himself in an employment relationship.

In fact, it turns out that the individual entrepreneur does not conduct labor activities, but entrepreneurial ones. And just due to the fact that only records of labor activity are entered in the work book, and not an entrepreneurial record, it is impossible to make.

A certificate of OGRNIP serves as a confirmation of his entrepreneurial activity for an individual entrepreneur.

Despite the lack of work experience, the individual entrepreneur, when calculating the pension, is taken from his entrepreneurial experience, because he still pays the state. Moreover, in recent years, this amount has not been so small.

How to issue a work book for an employee as an individual entrepreneur

Here is a completely different matter. The individual entrepreneur is in an employment relationship with his employee and concludes an employment contract with him.

The work book for his employee is issued on a general basis, since the individual entrepreneur is a full-fledged employer.

An entry in the work book of an individual entrepreneur must be made after he has worked for 5 days.

If the employee has not worked anywhere before, then a new work book is created in which the first entry is made (a new employee must be purchased at his own expense).

The entrepreneur can fill in the work book of his employee on his own (if the individual entrepreneur is large and there are many employees, then usually a special person is allocated for such purposes - a personnel officer).

An entry into the labor force is made only to an employee who got a job with an individual entrepreneur at the main place of work. If the place of work is part-time, then the individual entrepreneur should not make any record.

How an entrepreneur to fill a labor worker

Let's take a look at what we need in order to fill out this document:

1. Pen... The handle must be color-water resistant. Conventional ballpoint pens are just that. The color of the handle should be blue, black or purple.
2. Seal... For entrepreneurs who have not printed themselves my advice: be sure to before you start working with official documents.
3. ... This order must be made by the individual entrepreneur.

Having all of the above, you can start filling out the work book.

There are four columns in the work book:

1. Serial number;
2. Date of completion;
3. The name of the organization, as well as the position for which the employee is accepted;
4. The name of the document on the basis of which the entry is made.

Currently, many entrepreneurs use this Internet accounting for calculating taxes, contributions and submitting reports online, try it for free. The service helped me save on the services of an accountant and saved me from going to the tax office.

The procedure for state registration of an individual entrepreneur or LLC has now become even easier, if you have not yet registered your business, prepare registration documents completely free of charge without leaving your home through the online service I checked: Registration of an individual entrepreneur or LLC is free in 15 minutes. All documents comply with the current legislation of the Russian Federation.

You can watch the process of filling out the book itself at the end of this article in the attached video.

That's probably all! Happy business!

Consideration of the issue of an entry in a work book in relation to an individual entrepreneur has two main aspects. The first aspect is how the individual entrepreneur makes an entry in the work book for himself. The second concerns situations when an individual entrepreneur makes entries in the work books of employees. We note that neither one nor the other aspects are clearly regulated by law. Therefore, these issues require additional clarification.

Employment history

In the work book of each employee of the organization and individual entrepreneur, information is recorded about his labor activity and experience. Such information is strictly regulated on the basis of the Labor Code of the Russian Federation and by-laws.

The form and procedure for drawing up work books are approved in two regulatory legal acts:

• Rules of April 16, 2003 N 225 (hereinafter referred to as the Rules);
• Instructions dated October 10, 2003 N 69 (hereinafter - Instructions).

Note that none of them contains special rules and any peculiarities in relation to IP. However, such features are still available.

Do I need an individual entrepreneur's work book

The Labor Code of the Russian Federation indicates three types of employers, one of which are individuals registered as individual entrepreneurs. Thus, the status of individual entrepreneurs in labor legal relations directly follows from the norms of labor legislation: an individual entrepreneur is not an employee, but an employer. An employee is a person who has entered into an employment relationship with the employer ().

It is obvious that an entrepreneur cannot enter into an employment relationship with himself. Consequently, an entrepreneur is not an employee in the sense attached to this concept by Article 20 of the Labor Code of the Russian Federation.

On the basis of article 66 of the Labor Code of the Russian Federation, employers are obliged to keep work books for employees.

Thus, we come to the conclusion that an individual entrepreneur does not keep a work book on himself, because the legislation does not provide for such an opportunity.

The question of how and where exactly the activity of the individual entrepreneur should be recorded (if not in the work record book) for calculating the length of service is regulated by legislation in the field of pensions. The insurance period includes the activity of an individual entrepreneur, therefore, the main confirmation of the fact of employment and the corresponding length of service for an individual entrepreneur is a certificate of state registration of the status of an entrepreneur with the tax authority.

Work for an individual entrepreneur according to a work book

Individual entrepreneurs in the cases specified in Article 66 of the Labor Code of the Russian Federation are obliged to keep work books in relation to their employees for hire.

The legislation (in particular the Rules and Instruction) does not take into account some aspects of the status of an entrepreneur in the context of the issue under consideration.

For example, on the basis of clause 3.1 of the Instructions, the full and abbreviated name of the organization must be reflected in the work book.

In this case, the specified paragraph should be interpreted not in relation to the organization as a legal entity, but in relation to the employer, that is, the individual entrepreneur.

With this in mind, the entry should be made in accordance with the certificate of registration as an individual entrepreneur.

Surname, name and patronymic (if any) must be indicated in full, without abbreviations.

In addition, it should be borne in mind that the presence of a seal is not a mandatory requirement for employers. Meanwhile, the Rules and Instructions in some cases require its affixing on the pages of the work book. An individual entrepreneur, who does not have such a requisite, has the right to certify the corresponding records with his signature.

Electronic Claims for Tax and Contributions: New Referral Rules

Recently, the tax authorities have updated the forms of claims for payment of debts to the budget, incl. on insurance premiums. Now the time has come to correct the procedure for sending such requirements to the TCS.

Payslips are optional

Employers do not have to provide employees with paper payslips. The Ministry of Labor does not prohibit sending them to employees by e-mail.

"Physicist" transferred payment for goods by bank transfer - you need to issue a check

In the event that an individual has transferred to the seller (company or individual entrepreneur) payment for the goods by bank transfer through the bank, the seller is obliged to send a cashier's receipt to the “physics” buyer, the Ministry of Finance believes.

The list and quantity of goods at the time of payment are unknown: how to issue a cash register receipt

Name, quantity and price of goods (works, services) - mandatory details of a cash register receipt (SRF). However, when receiving an advance payment (advance), the volume and list of goods is sometimes impossible to determine. The Ministry of Finance told what to do in such a situation.

Medical examination for those working at the computer: mandatory or not

Even if an employee is busy working with a PC for at least 50% of his working time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace for working conditions.

Changed the operator of electronic document management - inform the IFTS

If the organization has refused the services of one operator of electronic document management and switched to another, it is necessary to send an electronic notification of the recipient of the documents to the tax office via the TCS.

Special regimes will not be fined for fiscal accumulators for 13 months

For organizations and individual entrepreneurs on the STS, ESHN, UTII or PSN (with the exception of certain cases), there is a restriction on the validity period of the fiscal drive key used by the cash register. So, they can only use fiscal accumulators for 36 months. But, as it turned out, so far this norm does not actually work.

Consideration of the issue of an entry in a work book in relation to an individual entrepreneur has two main aspects. The first aspect is how the individual entrepreneur makes an entry in the work book for himself. The second concerns situations when an individual entrepreneur makes entries in the work books of employees. We note that neither one nor the other aspects are clearly regulated by law. Therefore, these issues require additional clarification.

Employment history

In the work book of each employee of the organization and individual entrepreneur, information is recorded about his labor activity and experience. Such information is strictly regulated on the basis of the Labor Code of the Russian Federation and by-laws.

The form and procedure for drawing up work books are approved in two regulatory legal acts:

• Rules of April 16, 2003 N 225 (hereinafter referred to as the Rules);
• Instructions dated October 10, 2003 N 69 (hereinafter - Instructions).

Note that none of them contains special rules and any peculiarities in relation to IP. However, such features are still available.

Do I need an individual entrepreneur's work book

The Labor Code of the Russian Federation indicates three types of employers, one of which are individuals registered as individual entrepreneurs. Thus, the status of individual entrepreneurs in labor legal relations directly follows from the norms of labor legislation: an individual entrepreneur is not an employee, but an employer. An employee is a person who has entered into an employment relationship with an employer (Article 20 of the Labor Code of the Russian Federation).

It is obvious that an entrepreneur cannot enter into an employment relationship with himself. Consequently, an entrepreneur is not an employee in the sense attached to this concept by Article 20 of the Labor Code of the Russian Federation.

On the basis of article 66 of the Labor Code of the Russian Federation, employers are obliged to keep work books for employees.

Thus, we come to the conclusion that an individual entrepreneur does not keep a work book on himself, because the legislation does not provide for such an opportunity.

The question of how and where exactly the activity of the individual entrepreneur should be recorded (if not in the work record book) for calculating the length of service is regulated by legislation in the field of pensions. The insurance period includes the activity of an individual entrepreneur, therefore, the main confirmation of the fact of employment and the corresponding length of service for an individual entrepreneur is a certificate of state registration of the status of an entrepreneur with the tax authority.

Work for an individual entrepreneur according to a work book

Individual entrepreneurs in the cases specified in article 66 of the Labor Code of the Russian Federation. are obliged to keep work books in relation to their employees for hire.

The legislation (in particular the Rules and Instruction) does not take into account some aspects of the status of an entrepreneur in the context of the issue under consideration.

For example, on the basis of clause 3.1 of the Instructions, the full and abbreviated name of the organization must be reflected in the work book.

In this case, the specified paragraph should be interpreted not in relation to the organization as a legal entity, but in relation to the employer, that is, the individual entrepreneur.

With this in mind, the entry should be made in accordance with the certificate of registration as an individual entrepreneur.

Surname, name and patronymic (if any) must be indicated in full, without abbreviations.

In addition, it should be borne in mind that the presence of a seal is not a mandatory requirement for employers. Meanwhile, the Rules and Instructions in some cases require its affixing on the pages of the work book. An individual entrepreneur, who does not have such a requisite, has the right to certify the corresponding records with his signature.

Also read:

Is an entry in the work record book made to oneself

The legislation of the Russian Federation considers the work book (TC) as the main document, which is the basis for confirming the length of service of the employee. Individual entrepreneurs (IE) have the right to issue work books since the beginning of 2006. But, entrepreneurs were introduced to the procedure for filling out such documentation relatively recently. At the moment, you can fully familiarize yourself with the maintenance of work books by individual entrepreneurs in the legislative documentation.

Is it possible to make an entry in an individual entrepreneur's work book?

The individual entrepreneur was obliged to make entries in the TC from March 1, 2008. 132 The Government Decree fully regulates this process. In it you can find all the subtleties regarding how to handle employee books.

The answer to this question is quite simple. An individual entrepreneur cannot make notes for himself in the labor book because he is not able to enter into labor relations with himself. It is a different matter for hired employees, for whom the conduct of labor is the responsibility of the entrepreneur. In the absence of a book from a person entering a job, the employer must buy it. The cost of the sample, with the consent of the employee, will be deducted from his first pay.

The registration and maintenance of the TC is the same as in ordinary organizations. If the main job of the employee is an individual entrepreneur, then the mark will be made no earlier than 5 days after the person starts to work. When this is a part-time job, the main employer will make the appropriate mark on the basis of a supporting document on admission to work for an individual entrepreneur. The rules used for combination jobs, and not for individual entrepreneurs, will apply here.

Registration of the TC for an employee who has not worked anywhere else is carried out entirely at his expense. Either he gives the money to the cashier or there is a deduction from the salary with his approval. The second scenario is most often used.

IP documentation should not differ from generally accepted standards. No one has canceled the establishment of personal cards for employees and the issuance of an order according to which a person is accepted for a position. There are standard forms of documentation that should be followed.

Let us concretize why it cannot

• An individual entrepreneur is not an "employer" for himself.
• The activity of the individual entrepreneur is not considered “work”.

Registration

The entry in the TC is made entirely, without any abbreviations, thus, "IP Potemkin A.S." - error. A sample of the correct entry: "Individual entrepreneur Potemkin Alexander Sergeevich".

An entry in the Labor Code can be made only if there is an employment contract, since it is he who is the basis for starting an employment relationship (and then an order for enrollment in the state).

It is not difficult to understand that an individual entrepreneur does not conclude an agreement with himself, since he does not have sufficient grounds for this. Registration in the TC is also not made. The patch is not credited. There is a banal explanation for this - when a person registers as an individual entrepreneur, such actions are regarded as entrepreneurship, not labor.

Is the period of being in the IE status taken into account when calculating pensions? In the Pension legislation there is a clause according to which entrepreneurship is taken into account when calculating the total experience, which is confirmed by the registration certificate of the individual entrepreneur. To calculate the pension, the TC must be properly completed so that the total length of service of the employee can be calculated.

According to the Federal Law on Pension Insurance, individual entrepreneurs have the right to receive an old-age pension, but it must first be accumulated.

When an individual is registered as an individual entrepreneur, he begins to make compulsory insurance contributions:

• General (fixed) contributions, the amounts of which are the same, but may increase or decrease depending on the current legislation being amended.
• Pension deductions for each of the hired employees, depending on their salary and bonuses.

Read also: Changing the wording of dismissal by court decision

In order to qualify for a pension, contributions must be flat. When the individual entrepreneur stops his activities, the Pension Fund will give him a certificate confirming the length of service during his stay in the status of an entrepreneur. This certificate will then need to be presented together with the TC to calculate the total length of service.

Documents confirming the status of an individual entrepreneur

1. Certificate of registration as an individual entrepreneur.
2. Notification of registration with the Pension Fund as a policyholder.
3. Any documents that can support insurance deductions.

It is almost impossible to do something infallibly. Nobody is immune from this. At a certain period of time, it may turn out that the entry made once by the SP was made incorrectly. This cannot be ignored - amendments must be made. Try it, find an employer, and ask him to make changes.

If the individual entrepreneur ceased to exist or went to another place to conduct business (well, you cannot find it in any way at the same place), then the corrections are made by the company that found the defect. To do this, you should obtain a proper document from an inattentive individual entrepreneur.

In the presence of such a document, any adjustments will be made, whether it is a change in the name or other data. Again, any information entered requires confirmation, therefore, you must provide a passport, a document on the conclusion of a marriage union or dissolution thereof, a birth certificate, since a reference to the number and date of the foundation document will be made in the TC.

A new entry is made after the previous one has been crossed out by one straight line. The data from the base documents are recorded on the inside of the cover of the book.

None of the sections "Information about the work" or "Awards" is not crossed out even with a straight line, just below the entry "Recognize invalid" is entered, and then the amendments are entered. Information in the TC is updated when transferring to another position, changing the name of the organization, etc.

Dismissal

The dismissal record is entered into the Labor Code on the day of dismissal. On the same number, the individual entrepreneur undertakes to pay all the amounts due to the employee and hand over the completed documents. The dismissal record always contains the p / p number, date, reason with reference to the Code, data of the dismissal order, seal and data of the individual entrepreneur with a signature. Upon completion - the signature of the dismissed employee is put.

It is even difficult to imagine how, if there was an appropriate law, individual entrepreneurs would accept and dismiss themselves. How can you talk about yourself in the third person, and even more so write? It's good that you don't have to do this, although most employers would be happy with this option.

Non-compliance with existing laws

Sometimes, employees who come to work for an individual entrepreneur do not want to present a work book, and this is not because it is not there - the reason for this behavior remains a mystery. How, in such a case, the employer should fulfill his obligations to fill out the document? You cannot create a new form, since there is already a main document.

So, in order not to receive a fine like that of 50 minimum wages for improper paperwork, draw up an act that will be signed by witnesses. About what? That the employee does not want to transfer his personal TC to the SP and refuses to name a weighty reason for such behavior. In addition to the fine, they can suspend the activities of the enterprise even for 3 months.

There were cases that a court decision was imposed on the individual entrepreneur not only with a fine for not maintaining documents or making mistakes, but also had to compensate the employee for moral damage.

Now you are familiar with the main provisions that every self-respecting entrepreneur should know by the teeth when hiring employees for certain positions. A work book is not a piece of paper that can be crumpled and thrown into the trash can, and then have a new one. You will have to make a lot of efforts to restore a damaged book or create a duplicate.

Employment record keeping by an entrepreneur

Entrepreneur (IE) and work book. Filling out an individual entrepreneur work book

The work book is the main document about the work activity and work experience of the employee. Since 2006, individual entrepreneurs have also received the right to issue them. However, legislators have only recently clarified the specific procedure for maintaining work books by individual entrepreneurs.

Since March 23, 2008, the obligation of individual entrepreneurs to keep work books for all those who work for them for more than five days has been concretized. Thus, the Resolution of the Government of the Russian Federation of March 1, 2008 No. 132 "On Amendments to the Resolution of the Government of the Russian Federation No. 225 of April 16, 2003" came into force.

Who and where makes an entry in the work book of an individual entrepreneur (IE)?

The Labor Code of the Russian Federation obliges entrepreneurs to keep work books for all employees, but no entries are made to their own labor IP, since records are made in the work book about work activities, not business.

In accordance with the law, an individual entrepreneur has the status of an employer, not an employee. He cannot conclude an employment contract with himself, since there will be no other party in the labor relationship. Therefore, an individual entrepreneur (IE) has no legal basis for maintaining a work book for himself.

In the work book of an individual entrepreneur for himself and no one else can make an entry!

Note. SP does not have the right to DRAW out a LABOR BOOK for himself. A person who is or was an individual entrepreneur should not have records of work for himself in his work book.

Individual entrepreneurs are obliged to pay insurance contributions to the Pension Fund of the Russian Federation for their future pension. As long as there are deductions and you are listed as an individual entrepreneur, you have a work experience. If you cease your activities, then for calculating the pension, the Pension Fund will give you a certificate of your work experience .

Registration of an individual entrepreneur's work book

The Labor Code obliges employers to keep work books for each employee. If work for an individual entrepreneur is the main activity, then an entry in the "labor" is made only if the employee has worked for more than five days. When making out a book, keep in mind that there can be no abbreviations even in the name of the employer, for example, "IE Vasiliev V.V." should look nothing more than "Individual entrepreneur Vasiliev Vladimir Vasilievich".

If an employee comes to an individual entrepreneur who has not worked anywhere before, then he needs to issue a work book. The employee, in turn, must compensate for the cost of purchasing a book by depositing money in the cashier (clause 47 of the Rules for maintaining and storing work books, approved by the Government of the Russian Federation of April 16, 2003 No. 225). With the consent of the employee, the required amount can be deducted from his salary.

Entries in the work book about the reasons for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code or other federal law. The corresponding link must also be registered in the work book.

Dates in all sections of work books are produced in Arabic numerals. For example, if an employee was hired on May 7, 2008, an entry is made in the work book: "05/07/2008".

The surname, name and patronymic of the employee must be indicated in full. Abbreviations or replacement of the name and patronymic with initials are not allowed. The date of birth (day, month, year) is entered into the book on the basis of a passport or other identity document (for example, military ID, foreign passport, driver's license, etc.).

An education record is made only on the basis of a certificate, diploma, etc., and if the education is incomplete, then on a student card, record book, certificate of an educational institution. Each record is assigned its own serial number.

Also, information about the work that the employee performs, about the transfer to another permanent position and dismissal must be entered into the work book.

In the latter case, it is necessary to indicate the basis for the termination of the employment contract.

It should be borne in mind that information about rewarding for success in work is entered in the work book, but not about penalties. An exception is made in cases where the disciplinary sanction is dismissal.

There are situations when, for one reason or another, the entrepreneur's employees do not want to present their work books. How to fulfill in this case the obligation to maintain a work book? It is not necessary to issue a new one, since the employer is not given the right to give the employee another work book if he has the previous one. And in order not to fall under administrative punishment (a fine of up to 50 minimum wages) for violating the procedure for keeping a work book (Article 5.27 of the Administrative Offenses Code of the Russian Federation), it is necessary to draw up an appropriate act signed by several witnesses that the employee was asked to present a work book, from which he refused without explanation.

The name of the employer must be written in full in the work book. For example: "Individual entrepreneur Vasiliev Vladimir Vasilievich."

Major changes

The issue regarding the storage of the work book, which the employee did not receive in the event of dismissal or death, was taken into account. So, the documents must be kept on demand from the employer in accordance with the requirements for their storage. According to the amendments, the issue of storage and transfer of documents will be regulated by the legislation on archives.

Note. Before the decree came into force, employers had to keep work books for 52 years (2 years in the personnel department, 50 years in the archive).

In addition, the legislators highlighted the issue of mistakes made by individual entrepreneurs in work books. So, if an incorrect or inaccurate entry is found in the work book made by an entrepreneur whose activity has been terminated, the correction must be made by the employer at the new place of work. Let's take a closer look at the error correction cases.

Read also: Instructions for filling out work books

Since February 2008, the State Sign has been supplying a hologram as a measure to protect the blanks of work books. It is used at the request of the employer issuing the work book. It can protect the invariant elements of the form, for example, the number, the signature of the person who issued the form, the seal of the employer. Employment record forms and inserts without holograms are valid.

We correct errors in the work book

From mistakes, as they say, no one is immune, therefore, if an error is found in the work book, it must be corrected. The best option is to ask the person who made the mistake, that is, the previous employer, to do this.

Note. CORRECTION OF RECORDS in the work book. Legal recommendations are given on the correct correction of errors in the work book.

If the previous employer cannot be found (for example, the company has been liquidated, and the entrepreneur has moved), then the employer who discovered the error has the right to make the correction. However, this requires an official document from the place of work where the mistake was made.

On the title page of the work book, editing is made on the basis of a specific document. For example, changing the record of the last name - based on the data of the passport, birth certificate, marriage or divorce with reference to their number and date. On the basis of these same documents, they change the name, patronymic and dates of birth, entered in the labor document incorrectly. The previous entry is crossed out with one line and a new entry is made. On the inside of the cover of the work book, links are made to the documents on the basis of which the changes were made.

At the same time, it is not allowed to cross out incorrect entries in those sections of the work book in which information about the employee's work or awards is indicated. Such records must be "declared invalid", and then the correct ones must be entered.

In the case when an entrepreneur, having re-registered, changed his name, and it is necessary to make changes to the book.

Employment record of individual entrepreneurs. Registration of the section "Information about work" in connection with the change in the name of the employer - an individual entrepreneur

Since an entrepreneur as an employer acts on the basis of registration documents, it can be assumed that it is more correct to make an entry in the work book about the renaming of the employer. In this case, the record will look as follows: “Individual entrepreneur I.I. Ivanov (IE Ivanova I.I.) from 01.09.2012 renamed into an individual entrepreneur I.I. Petrova (IP Petrova II) ". Such conclusions follow from paragraph 3.2 of the Instructions. approved by the decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

So at the beginning of the section "Information about work" Columns 1 and 2 of the section do not fill. In column 3, make an entry. In column 4, indicate the documents on the basis of which the changes were made.

ASK A QUESTION TO A LAWYER!

Recording in the work book of an individual entrepreneur

When an individual entrepreneur may have an entry in the work book

A person carrying out individual entrepreneurial activity can obtain the status of an employee if he concludes an agreement with another employer as an employee. Only in this case, a corresponding entry is made in his employment document.

An individual entrepreneur can make an entry in the work book for himself if he registers as a legal entity and appoints himself as a general director or other official. In this case, he himself can enter the record of his hiring as CEO.

Part-time job

There are times when an entrepreneur combines his activities with employment. Then in the organization in which he works, a document will be created for him as for an ordinary employee. Despite this, he will have to continue to make fixed contributions to the FIU as an entrepreneur, accumulating funds for a future pension.

Filling procedure

Personnel workers are often interested in how an individual entrepreneur makes entries in a work book. Information in the books of employees with whom the individual entrepreneur has concluded contracts is entered according to the general rules, in accordance with the Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 N 69 "On approval of the Instructions for filling out work books".

The name of the employer must be spelled out in full, for example: "Individual entrepreneur Ivanov Viktor Vasilyevich."

Sample entry of an individual entrepreneur in the work book

How to confirm your seniority?

Article 6 of the Federal Law of December 15, 2001 No. 167-FZ "On compulsory pension insurance in the Russian Federation" states that an individual entrepreneur himself belongs to policyholders under the compulsory pension insurance program. Therefore, his seniority is taken into account at the expense of contributions that he deducts to the Pension Fund. In order to confirm the existence of experience as a legal entity, the FIU issues a relevant certificate during deregistration.

Calculation of sick leave and other benefits

To calculate sickness benefits. pregnancy and childbirth, the general experience of an individual entrepreneur does not necessarily have to be confirmed by an entry in the labor force. In accordance with the requirements set out in clause 11 of the Order of the Ministry of Health and Social Development dated 06.02.2007 No. 91 "On the approval of the rules for calculating and confirming the insurance experience." is about the period before January 1, 1991), or a document of the territorial body of the Social Insurance Fund of the Russian Federation on payment of payments for social insurance (for the period from January 1, 1991 to December 31, 2000, as well as for the period after January 1, 2003). The length of service confirmed in this way can be reflected in the employee's personal card (form T-2).

Despite the fact that the pension for the majority of currently working Russians will depend on actual savings, and not on the length of service, the entries in the work book have not lost their relevance. They affect the size of sick leave payments, the likelihood of obtaining a loan, and who in our country can be sure that the procedure for calculating pensions will not change a few more times? Therefore, personnel officers are sometimes asked to make a fictitious record of work in the work book. How harmless it is, let's look at an example.

The work book is the main document of the employee. It records data on the length of service and career growth of a person. Subsequently, the information from the form will be useful when registering a pension. Therefore, it is so important that the form is drawn up in accordance with the established rules. In this article, we will tell you how to correctly make entries in the work book.

Sometimes, for various reasons, employees decide to leave the organization. Or the termination of the contract occurs at the initiative of the employer. Information about this is entered into the employee's form. We will tell you how to make the correct entry in the work book about dismissal in the article.

How to restore a work book if it is lost? The answer to this difficult question depends on who is responsible for the loss of the document - the employer or the citizen himself. In the first case, the employer should deal with the restoration. In the second, the owner of the form. We will tell you more about the recovery methods below.

An old truth - "he who does nothing does not make mistakes." It is important to notice the error in a timely manner and correct it correctly. For a number of errors in operation, detailed algorithms and instructions for their correct correction have been developed. You just can't foresee everything in the instructions ...

Entry in the work book of individual entrepreneurs

Everyone knows that an entry in a work book is the main argument about the length of service and work activity of an employee. The book is drawn up regardless of who the employee works for. The law obliges every individual entrepreneur (IE) to fill out the work books of their employees five days after they started work. But if everything is clear with the employees, then who should make an entry in the work book of the sole proprietor? Let's try to understand this issue further.

Filling out an individual entrepreneur's work book

It would be logical to assume that the individual entrepreneur should make a record for himself, since he is the head of the business process organized by him. But actually it is not. The work book is kept to record the length of service, and not entrepreneurial activity. And the legislator clearly separates these two concepts. Accordingly, an entrepreneur who has the status of an employer cannot employ himself or conclude an employment contract with himself. And the entry in the work book is made precisely on the basis of the signed employment contract. Therefore, an individual entrepreneur cannot draw up a work book for himself.

However, do not worry that all the time spent on entrepreneurial activity will not be taken into account by seniority. Indeed, even working as an individual entrepreneur, a citizen makes contributions to the account of the Pension Fund. He also takes into account his experience, accumulates funds for future retirement. Therefore, the main goal for which it is necessary to maintain a work book is achieved beyond it. If necessary, the Pension Fund can always issue an appropriate certificate to the individual entrepreneur.

Pension issue

In order to finally dot the "i" s, let's take a closer look at the issue of calculating the pension of an individual entrepreneur, given that he cannot put an entry in the work book for himself. First of all, the law directly indicates that the length of service in entrepreneurial activity is counted in the length of service. You can confirm this experience not with a work book, but with a certificate of registration of an individual entrepreneur. It is the date of issue of such a document that is the beginning of the deduction of work experience as an individual entrepreneur.

Every citizen who is engaged in labor activity must have a work book. In this regard, the question arises: can an individual entrepreneur make an entry in the work book for himself?

The maintenance of work books by entrepreneurs has some peculiarities. Let's consider them:

• an entrepreneur must buy work books for his employees on his own, but has the right to ask for reimbursement of expenses;
• an entrepreneur may not issue orders that he has hired a citizen;
• an entrepreneur accepts an employee for a certain position at his discretion, and also assigns him the amount of his salary.

Recording to myself

Each employee who is officially employed must be properly registered in the organization and have a work book. But what about individual entrepreneurs? After all, they are their own employers.

There are no clear provisions in labor legislation as to whether it is possible to issue a work book for oneself. An entrepreneur does not need to get himself a book. This is due to the fact that:

• no one will check it;
• the legislation does not provide for this, which means that, as a general rule, it is illegal.

It is worth noting that the FIU and the tax service themselves calculate the payments that the entrepreneur makes, and also independently calculate his work experience. If an entrepreneur is an honest tax payer, he need not worry about his seniority and future pension.

Making a book for an employee when working for an individual entrepreneur

Working for an individual entrepreneur on a work book involves official employment and making entries about work in this book. Consider the order in which entrepreneurs should fill out the books.

Title page

It contains all personal information about the employee. It is very important that this sheet is filled in correctly, as if it is filled in incorrectly, the entire book will be invalid. The filling procedure is as follows:

• the full name of the employee hired is indicated;
• further the date of birth of the citizen;
• then the degree of education and specialization are indicated, in accordance with the document on education;
• after that, the employee and the employer affix their signatures.

Employment records

A whole section is provided for entering this information. It is filled in in the following order:

1. In the first column, they put the number of the record in order.
2. In the second - the date, in the third - the month, in the fourth - the year the employee was hired.
3. In the fifth column, indicate the place of work (for example, IP Nikolaeva R.S.), as well as the position of the employee.
4. In the last column, write the number and date of registration of the employment contract.

Responsibility of an entrepreneur for committed violations

Entrepreneurs, as well as legal entities, must act in accordance with all the rules for maintaining, storing and recording labor books. Failure to comply with these rules will have to bear responsibility.

It ranges from one to five thousand rubles, or the imposition of a ban on the implementation of their activities for up to ninety days. In some cases, by a court decision, the entrepreneur will have to compensate the employee for the damage.

Ninety days for a business is quite a long time, which can greatly affect the conduct of business. In this regard, entrepreneurs should not violate the rules established by law.