Require original labor

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I get a job at an enterprise in Kherson. They demanded from my office (Kyiv) to send my work book to their central office. I made a certified copy for them, but they insist that my work book be kept in their office. As far as I know, now there have been changes in the legislation, according to which an entry in the labor is made only at the request of the employee. Please clarify how legitimate the requirements of the employer?

24.08.2023 07:06 356

Answers

Photo of 30.09.tana2002 Tatіana Mazur

In accordance with Article 24 of the Labor Code of Ukraine, when concluding an employment contract, a citizen must submit a passport or other identity document, an employment book (if available) or information on employment from the register of insured persons of the State Register of General Conditions mandatory state social insurance, and in cases provided for by law, also a document on education (specialty, qualification), on health, a corresponding military registration document and other documents.

Therefore, it is not mandatory to provide the employer with a work book if you provide information about work activities from the register of insured persons of the State Register of Mandatory State Social Insurance.

Also, in accordance with paragraph 3 of the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine Regarding Accounting of Labor Activities of an Employee in Electronic Form" the owner or the body authorized by him, at the request of the employee, is obliged to enter in the work book kept by the employee, records of hiring, transfer and dismissal, incentives and awards for success at work. Therefore, entries in the work book are made at the request of the employee.

Given the above arguments, the employer's demand is inappropriate.

But please note that according to Article 7 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" In the period martial law, the procedure for the organization of record keeping on matters of labor relations, registration and maintenance of labor books and archival storage of relevant documents in areas of active hostilities is determined by the employer independently, provided that reliable records of the work performed by the employee and accounting of labor costs are ensured.

25.08.2023 19:29