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Publication date: 06.05.2024
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How to determine whether an employee has an electronic work book, if he provided a paper work book during employment
QUESTION
How to understand whether an electronic work book has been created for an employee, if he provided a paper work book during employment?
COMMENT
In accordance with the second part of Article 24 of the Labor Code of Ukraine, during employment, employees are required to submit an employment book (if available) or information on employment from the Register of Insured Persons along with other documents.
This means that the employee, as before, if he has a paper work book, submits it to the employer during employment, but does not hand it over for safekeeping, as was the case before the entry into force of the Law of Ukraine dated February 5, 2021 No. 1217-IX "On the introduction of amendments to some legislative acts of Ukraine regarding the accounting of the labor activity of the employee in electronic form" (hereinafter - Law No. 1217). After reviewing the employment book and entering a record of employment (at the employee's request), the employer returns it to the employee.
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If the employee does not have an employment book, he must submit a document that will confirm his employment - information on employment from the Register of Insured Persons.
Usually, labor books do not have:
• employees who are hired for the first time;
• employees who have lost work books;
• part-time employees.Information on the labor activity of employees from the Register of Insured Persons in accordance with Clause 6 of Chapter V of Regulation No. 10-1 is compiled by the Federal Financial Supervisory Authority and provided in the following forms:
• individual information about the insured person (reference OK-5, the form is contained in Appendix 4 to Regulation No. 10-1);
• individual information about the insured person (reference OK-7, the form is contained in Appendix 5 to Regulation No. 10-1);
• data on employment and insurance experience (Appendix 9 to Regulation No. 10-1).
Information about an employee's work activity, which is collected in the Register of Insured Persons, is, in fact, his electronic work book.
According to Clause 4 of Section I of Regulation No. 10-1, the Register of Insured Persons is formed and maintained by the PFU.
Thus, electronic work books are created and maintained by the PFU based on the information submitted to it about the work activities of employees.
The Register of Insured Persons itself was created in 2011 on the basis of the information base of personalized accounting in the system of mandatory state pension insurance in accordance with the Law of Ukraine dated July 8, 2010 No. 2464-VI "On the collection and accounting of a single contribution to mandatory state social insurance" (hereinafter - Law No. 2464). It contained information on the labor activity of employees by main place of work since 2004. There is no information, in particular, about the work experience of employees before 2004, currently entered by the PFU in the Register of Insured Persons on the basis of information submitted by the insured (employer) or the insured person (employee). According to Law No. 1217, the PFU must do this by June 10, 2026.So, if a person who provides a paper employment book, i.e. has work experience (and therefore insurance), is employed at the company, then such a person already has information in the Register of Insured Persons and, accordingly, has an electronic employment book.
