The employer is required to issue What information does an employer have to issue to an employee? What to do if documents are not issued

Employees periodically require various documents from their place of work (both financial and personnel): to whom to obtain a loan, to whom to apply for a visa, to whom to receive various cash payments, to whom to confirm work experience. As a rule, for these documents, everyone goes to the accounting department.

WARNING THE MANAGER

If an employee who employer refused to issue copies necessary documents or issued them late complain to the labor inspectorate, they can fine Part 1 Art. 5.27, art. 23.12 Administrative Code of the Russian Federation:

• organization - by 30,000-50,000 rubles;
• its head (entrepreneur) - for 1000-5000 rubles.

A fine also threatens when the local acts of the organization, for example, in the internal labor regulations, stipulate that copies of documents related to work are issued for a fee. After all, this is contrary to the requirements of the current labor legislation and Decree of the Moscow City Court dated August 29, 2011 No. 4a-1743/11.

We have accumulated a selection of letters with questions regarding the issuance of certificates and other documents from the place of work. And we decided to answer the most interesting of them. But first, we recall the general provisions.

According to the Labor Code the employer is obliged free of charge within 3 working days from the day the employee submits a written application, issue him documents (or copies) related to work Art. 62 of the Labor Code of the Russian Federation, for example:

• copies of orders on employment, on transfers to another job, on dismissal from work;
• extracts from the work book;
• certificates of wages, on accrued and actually paid insurance premiums to the Pension Fund of the Russian Federation, on the period of work with this employer.

However, this list is not closed. It includes all “working” documents relating to a particular employee, for example: orders for the removal of a disciplinary sanction, for bonuses, documents for passing mandatory certifications, accident reports Determination of the Moscow City Court dated May 26, 2011 No. 33-15759, shift schedules and Decision of the Supreme Court of the Republic of Karelia dated August 23, 2011 No. 21-163/2011 etc.

Now let's move on to the questions.

Resigned employees also have the right to receive "working" documents

A.V. Smolnikova, St. Petersburg

We received a letter in the mail with a statement from an employee who quit a couple of months ago. He asks to provide him with certified copies of the hiring and dismissal orders, as well as a copy of the employment contract, although his copy was given to him in his hands, about which we have a note. The application does not indicate why he needs these documents. Can we refuse him, because he no longer works for us? If not, is it possible to send him the required documents also by mail?

: At the moment, in relation to former employees, the employer is legally obligated to issue only salary certificates upon their request. Appendix No. 1 to the Order of the Ministry of Health and Social Development of Russia dated January 17, 2011 No. 4n to calculate social security benefits p. 3 h. 2 art. 4.1 of the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”.

At the same time, the Labor Code of the Russian Federation does not say that copies of documents related to work should be issued only to working employees, that is, to those who at the time of requesting copies are in an employment relationship with this employer. Therefore, a logical conclusion suggests itself: an employee, regardless of how long ago he quit, has the right to receive such documents from his former employer.

How to fill out salary certificates for calculating social security benefits is described:

The opposite approach would lead to a wholesale violation of the rights of employees who left some time ago. For example, they would not have the right to receive a certificate of average earnings for the last 3 months from their last job, and therefore would not be able to register as unemployed and receive benefits. Part 2 Art. 3 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On employment in the Russian Federation".

In addition, it is not in vain that most personnel documents are prescribed to be kept for 75 years or even indefinitely. sec. 8 of the List of typical managerial archival documents ... approved. Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558. This was done, among other things, so that the employee, regardless of the time of dismissal, could receive documents relating to him from the previous place of work.

Our position is also confirmed in Rostrud.

From reputable sources

Head of the Legal Department of the Federal Service for Labor and Employment

“Indeed, Art. 62 of the Labor Code of the Russian Federation does not specify the status of an employee (former or working). Therefore, an employee who is no longer in an employment relationship with the employer can apply in writing to the former employer to issue him copies of documents related to work, if he needs these copies to exercise his rights and legitimate interests. In such a situation, the employer does not have sufficient legal grounds to refuse to provide copies of the required documents.

Thus, you cannot refuse a former employee to issue the documents requested by him. All of them are directly related to his previous work, and he is not obliged to explain in the application why he needs these copies. There is nothing illegal in the fact that he, among other things, asks for a copy of the employment contract. After all, he could simply lose his previously received copy over the elapsed time.

In addition, the Labor Code of the Russian Federation does not limit the employee in the number of requests for copies of his documents. Copies of documents can be sent by mail. Determination of the Lipetsk Regional Court dated April 18, 2011 No. 33-1070/2011 by a valuable letter with a description of the enclosure and an acknowledgment of receipt, so that you have proof of sending.

An employee can request copies of local acts

OK. Shebina, Nakhodka

Our employee wrote a statement “of his own free will”, and a couple of days later he requested in writing copies of the order on bonuses for employees for 2010, as well as the internal labor regulations and the collective agreement. Should we give it all to him?

: First, let's deal with the bonus order. You must give the employee an extract from it, which will reflect information relating only to him personally. Otherwise, if you give him a copy of the order in full, it will turn out that you transferred the personal data of other employees without their consent to a third party. And this is prohibited by the Labor Code R F Art. 88 of the Labor Code of the Russian Federation; Determination of the Perm Regional Court dated March 16, 2011 No. 33-2419.

Now with regard to the rules of internal labor regulations and the collective agreement. In Art. 62 of the Labor Code of the Russian Federation does not specify copies of which documents the employer is obliged to issue to employees. We came across a court decision stating that the employer is not obliged to provide the employee with local regulations, because the employee must be familiarized with them under signature Determination of the Lipetsk Regional Court dated 04.05.2011 No. 33-1154 / 2011. But we decided to find out the opinion of a Rostrud specialist on this issue.

From reputable sources

“ Article 62 of the Labor Code of the Russian Federation establishes an approximate (open) list of documents issued. The only condition for their issuance is that the documents must be related to the work of this employee.

It is possible that an employee may need copies of local acts (in particular, internal regulations), for example, to defend their interests in court. And in this case, the employer will not have sufficient grounds to refuse to issue copies of such documents to the employee.

The fact that the employee was familiarized with local regulations against signature does not affect the employee's right to demand copies of them to protect his interests.

Rostrud

It turns out that the employee has the right to demand copies of these local acts. However, there are also local acts that clearly do not apply to all employees. This is, for example, the Regulations on the branch of the organization.

The request for the issuance of documents must come from the employee himself

NOT. Busagina, Moscow

The husband of an employee who is on maternity leave came to the organization and brought an application for issuing a copy of her work book to his hands. Moreover, the application was signed not by the employee herself, but by her husband and he does not have a power of attorney from her. Should we give him the requested copy?

: Should not. It follows from the Labor Code of the Russian Federation that only an employee has the right to demand the issuance of copies of documents related to his work. Therefore, let the employee's husband bring a statement signed by herself, as well as a written power of attorney. paragraph 1 of Art. 185 of the Civil Code of the Russian Federation from her to receive a copy of the work book. It does not need to be notarized. And let the husband not forget to grab a passport so that you can check his identity.

There are no secrets in the 2-NDFL certificate

P.V. Manyashin, Chelyabinsk

I work in the accounting department of a defense company. We are periodically contacted by our employees for information 2-personal income tax. But the fact is that we have an instruction from the management not to give any information to anyone, so that (I quote) "third parties do not become aware of secret information that reveals the departmental affiliation of the organization." Everyone has to refuse, but I think it's illegal. I'm right?

A: Yes, you are 100% right. Receive work documents from the employer - the unconditional right of the employee Art. 62 of the Labor Code of the Russian Federation. It cannot be limited by any departmental acts. In addition, so-called classified information is disclosed whenever the organization submits various kinds of reports or contracts.

By the way, in addition to the Labor Code of the Russian Federation, the Tax Code also enshrined a paragraph 3 of Art. 230 Tax Code of the Russian Federation the obligation of the employer as a tax agent to issue a 2-NDFL certificate at the request of an individual approved Order of the Federal Tax Service of Russia dated November 17, 2010 No. ММВ-7-3/ [email protected] . The tax authorities have already explained that the tax agent is not entitled to refuse to issue such certificates to the taxpayer and Letter No. 20-14/3/16873 dated February 24, 2011 from the Federal Tax Service of Russia for Moscow. However, the Tax Code of the Russian Federation does not provide for any specific deadlines for the provision of a certificate, nor responsibility for refusing to issue it. But all this is established in the Labor Code of the Russian Federation and the Code of Administrative Offenses, respectively. Art. 62 of the Labor Code of the Russian Federation; Part 1 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

The employer is not obliged to issue a characteristic

D.V. Antsiferova, Moscow

An employee who was fired six months ago due to a reduction in staff came to us with a written application for the issuance of a reference. He says that he finally found a new job, but they ask him to provide a testimonial from a previous job. I told his former boss about this, but he doesn’t even want to hear about him, let alone write a characterization for him. He said that the organization is not obliged to issue it. This is true?

: Yes. The issue of issuing a characteristic is decided at the discretion of the employer. After all, based on the meaning of Art. 62 of the Labor Code of the Russian Federation, the employer is obliged to give the employee copies of those “working” documents that he needs to exercise certain rights, in this case, to get a new job. And the characteristic is not included in the number of documents required by law when hiring for Art. 65 of the Labor Code of the Russian Federation.

Although the Moscow City Court recently pointed out in one such dispute that an employer can be required to issue a reference to an employee if it is a mandatory document for applying for a job, participating in a competition Determination of the Moscow City Court dated April 28, 2011 No. 33-12625. And the same court noted that characteristics are documents related to work. However, the employer is not obliged to give employees only positive characteristics and Determination of the Moscow City Court dated October 28, 2010 No. 33-33920. That is, with great desire and perseverance, an employee can achieve the issuance of a characteristic, but what content it will be is a question.

But let's talk purely human: why jeopardize the placement of a former employee in a new job? Nowhere is it said that it is the immediate supervisor who must sign the testimonial. Let it be signed, for example, by the deputy director of the company or the chief accountant.

The order to terminate the employment contract, in most cases, is drawn up in the form T-8 or T-8a, but other forms approved by the organization are sometimes used. On the last day of work, the employee must be familiarized with the order against signature. If the employee needs it, he must be provided with a certified copy of the order. The order contains the following information:

Notification

Notice - a document that is transferred to the employee if the termination of the contract occurs on the part of the employer.

The notification is made on a form, which must indicate:

• Date and number of notice.
• Company details.

1. Document name: notice.
2. The name of the notification (“On the liquidation of the organization”, etc.).
3. Name of the head of the company.
4. Name of the employee.
5. An indication of when and for what reason the employment contract will be terminated.
6. Signatures of the head of the organization and the notified employee.

You can find out more about the notice of termination of the TD.

Statement

There is no standard application form. It is in any form. The application must contain the following information:

1. From whom and to whom it is sent: full name and position of the head and full name and position of the employee.
2. Title of the document.
3. Request for dismissal indicating the date of the last day of work: “I ask you to dismiss me from the position of a storekeeper at my own request on July 20, 2018.”
4. Date of compilation, signature of the compiler and its transcript.

You can find out more about the application for dismissal.

Filling out a work book

The workbook entry must contain the following information:

Below is a sample of filling out a work book upon dismissal:

You can find out more nuances about writing in a work book.

Filling out a personal card

The personal card is filled in according to the T-2 form. Filling in data upon dismissal of an employee includes the following:

• In the column, the reason is written: "Employee's initiative, clause 3 of article 77 of the Labor Code of the Russian Federation." Or another reason is indicated with reference to the Labor Code.
• The date column indicates the last day of work.
• The data of the order to terminate the employment contract with the employee are entered.
• The information is certified by the employee and a representative of the personnel department.

For information on how to indicate the reason for terminating the TD in a personal card, read in.

What needs to be signed?

Upon dismissal, the employee must sign the following documents:

• Resignation letter.
• Order. The painting confirms that the employee is familiar with it.
• Personal card.
• If there was a request to issue other documents, the employee signs that he received them.

The employer signs:

1. Entry in the workbook.
2. Dismissal order.
3. Personal card.
4. Note-calculation.
5. Certificates of income and contributions to the FIU.

What must be given to a laid-off employee?

What documents that must be given upon dismissal must be requested from the employer in order to take it for yourself?

1. Employment history. The work book must be issued on the last day of service. The employer does not have the right to keep it after the actual dismissal and the employee must pick it up.
2. . The calculation is made in the form T-61. On the front side, the personnel department enters data about the employee and information about the dismissal, and on the back, the accounting department fills in data on the salary due.
3. Required references(you can find out what certificates are issued upon dismissal). By the last day of the employee's work in the organization, he must issue:
   • Income statement for the last 2 calendar years. The certificate will be required to calculate benefits from the next employer.
   • A certificate with information on contributions to the Pension Fund and information about the length of service.
4. Other documents issued at the request of the employee which sometimes need to be taken.
   • A copy of the employment order.
   • Orders for transfer to another job.
   • Certificate of wages in the form of 2-NDFL (from the beginning of the year until the day of the actual dismissal).
   • Income statement for the last 3 months. It will be useful for obtaining the status of unemployed.
5. What should be in the application:
   • The header indicates to whom and from whom the application is being written.
   • Title of the document.
   • Request for the issuance of the necessary paper.
   • Date and signature of the applicant.

An example of an application for the issuance of documents upon dismissal:

If the employer refuses to issue

What to do if the employer refuses to provide documents that he must give? Not always termination of an employment contract occurs without problems. It happens that the employer does not want to let the employee go. In such a situation, on the last day of work, it is necessary to approach the employer and clarify when the necessary papers will be issued.

If the employer does not cooperate, you need to write an application with a request to issue a labor, income statement and calculation. The application is registered with the Human Resources Department.

If the documents are not issued, you can contact the labor inspectorate, the court or the prosecutor's office. But it is important not to miss the 3-month period from the day the employee learned about the violation.

Liability for failure to provide

If the employee went to court, the days of retention of the work book can be regarded as simple. Accordingly, the calculation for downtime days and compensation for unused vacation must be paid. An employee may also demand compensation for non-pecuniary damage for the fact that the employer retained outstanding documents.

In addition, the employer may face a fine for an administrative offense. Upon dismissal, the employer is obliged to calculate the employee and give him the necessary. Failure to comply with this obligation is a violation of the law. The employer may be held administratively liable.

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Not everyone knows what documents the employer must issue upon dismissal of an employee of his own free will. The employer, according to Art. 84.1 of the Labor Code of the Russian Federation, must issue to the employee copies of all documents that are relevant to the work of this employee. This is done within three days after receiving a written application from the employee for the issuance of documents. These are personnel papers, and they are issued in the personnel department.

Also, when an employee is dismissed at his own request, the employer must issue certificates to him, which can be obtained from the accounting department. They are also issued at the written request of the employee.

Documents to be issued by the employer

When an employee leaves, the employer must give him about 10 documents. To understand exactly which documents, it is necessary to analyze the procedure for dismissal of one's own free will.

1. From the employee himself, you need to receive a letter of resignation.
2. A dismissal order is issued in the form of T-8, then it is signed by the head.
3. It is necessary to make an entry in the personal card of the resigning employee.
4. The dismissal order and the employee's personal card are presented to him for review. The employee must read them and put his signature.
5. The personnel officer must make an appropriate entry in the work book in accordance with all the rules of personnel records management.
6. The entry in the labor is endorsed by the head or other authorized person, and then by the employee himself.
7. Documents must be issued to the employee on the last working day.

The employer must provide the following documents:

• work book;
• certificate of the amount of wages and other remuneration for the time of work in the form 182Н;
• other documents upon written request from the employee.

The personnel documents that the employer must issue to the employee upon his written application upon dismissal from work include:

• an order to hire this employee;
• orders for the promotion of an employee;
• orders to transfer an employee to other departments;
• labor contract;
• additional agreements, if any;
• a medical book, if the nature of the work requires it;
• dismissal order;
• employment history.

The employer must issue not the original documents, but their copies. Only labor and medical books are issued in the original.

If the resigning employee is a payer of alimony, then within three days after the dismissal, the employer is obliged to inform the bailiff of the information about the dismissal. He is obliged to provide the same information to the recipient of alimony. The notice to the bailiffs must be in writing, but in any form. In it, you need to report not only the fact of dismissal, but also indicate the new place of work or the address where the retired employee lives. If the employer does not provide this information within the prescribed period, then he can be held liable.

Retirement notices

Also, the employee must obtain various certificates from the employer's accounting department. A resigning employee will need a certificate of earnings in order to present it to a new employer. Based on these data, the new employer will calculate various benefits:

• due to disability;
• on pregnancy and childbirth;
• for child care.

The reference must include:

• information about the employer;
• information about the employee;
• payments to the employee, for which social contributions were accrued for the current and two previous calendar years;
• the number of calendar days excluded when calculating benefits (days of illness, maternity leave, parental leave).

Another document is a certificate of average earnings for the last 3 months. This document will be needed to register the employee with the employment center as unemployed.
Personal account information. If the employee insists, the employer must give him 3 certificates:

• in the form of SZV - M;
• in the form of SZV - EXPERIENCE;
• section 3 calculation of insurance premiums.

These certificates are needed to calculate the employee's pension. The employee also has the right to request information in order to verify the correctness of the data transfer to the FIU. Reports in the form of SZV - M and SZV - PERIOD are generated only for the resigning employee. Other employees are not mentioned.

Important! The employer must obtain confirmation from the employee that he received this personalized accounting information.

This can be done in 2 ways:

• you can ask him to sign on copies of the employer;
• You can start a separate journal.

Certificate in the form 2-NDLF on accrued and paid taxes. The employer is obliged to issue such a certificate to the employee. It contains information not only about wages, but also about all payments for which insurance premiums were calculated, as well as information about the former employer.

This certificate is applied at a new place of work if the employee is entitled to receive a tax deduction on the grounds of Art. 218 - 220 of the Tax Code of the Russian Federation.

In the "Attribute" field, enter:

• 1 - if personal income tax was withheld from all income of the resigning employee;
• 2 - if the employee had such income from which the tax was not withheld.

All documents are issued on the day of dismissal of the employee. They can be handed over in person or sent to the employee by mail. For this, the employee must write a written consent. All copies of documents must be stamped "correct copy" and certified by the seal of the employer. All accounting statements must also contain the stamp of the employer. Without this, they do not have their legal force. The employer has no right to delay the issuance of documents. This can be regarded as an obstacle to employment, and the employee in this case has the right to go to court.

What to do if documents are not issued

In Art. 62 of the Labor Code of the Russian Federation states that the employer is obliged to issue to his retiring employee all the documents related to his labor activity with this employer. Some documents are issued on a mandatory basis, some - at the written request of the employee.

Documents must be prepared and issued to the employee within three calendar days after the submission of a written request. As a rule, the application is written to the head of the personnel department and to the name of the chief accountant. There are no problems with the issuance of papers.

But it may also happen that the employer does not want to issue documents, motivating this for various reasons. For example, the boss is on vacation and cannot certify copies. This is the most "popular" reason for rejection.

There are no good reasons for refusing to issue documents to a resigned employee. This is a direct obligation of the employer, and he has no right to evade it. For evasion, he can be held administratively liable.

If the employer does not want to give documents, the former employee has two legal ways:

• write an application for extradition in two copies and submit through the secretary. He will register the paper as an incoming document, write down the date of acceptance and the serial number in the journal. He will indicate exactly the same information on the copy of the employee;
• send the application by registered mail with a notification and a description of the attachment. The notice must be given to the employee who receives the mail. He will sign for receipt. This will be considered a fact of acceptance of the application for consideration.

Within three days after receiving the application, the employer must prepare copies of the originals of all documents related to the applicant's work activity. If he fails to do so, the employee has the right to:

• write a complaint to the labor inspectorate;
• write a complaint to the prosecutor's office.

You can file a complaint with these two supervisory authorities at the same time. They are authorized to conduct inspections of employers regarding violations of labor laws. You can file a complaint:

• during a personal visit;
• by mail;
• via the Internet using the official website of one of these supervisory authorities.

Now the most popular way to submit applications from citizens is through online receptions through the official websites of state bodies. The term for consideration of the appeal is 30 days from the date of registration of the document. When filing a complaint via the Internet, the date of registration is the date of receipt by the complainant of the electronic notification.

In the complaint against the employer, it is necessary to indicate the reason for its filing. In this case, it is worth applying the following wording: “I ask that the employer be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and issue an extradition order to me, in accordance with Art. 62 of the Labor Code of the Russian Federation, documents for the period of my work. A review will be carried out by the relevant regulatory authorities. If such a violation is committed for the first time, then the employer can only be issued a warning or a minimum fine. If this happens regularly, and the employer has already been held liable by the inspection or prosecutor's office, then the amount of the fine increases several times.

Retirement payouts

Upon dismissal of one's own free will, the employee is entitled to mandatory and optional compensation. Mandatory are those required by law. Optional include those provided by local regulations.

Upon dismissal of an employee on his own initiative, the employer must pay him:

• wages for the time actually worked before the date of dismissal;
• compensation for unused vacation;
• disability benefit if the employee fell ill during the period of mandatory work.

The salary for the hours actually worked is considered for those days in the current month that have not yet been paid, and during which the resigning employee was actually present at work. Vacation compensation is due to all employees who did not have time to use their legal rest days in the current working year up to the date of dismissal. If the employee worked for 11 months before dismissal and did not go on vacation, then he is entitled to receive compensation in full.

By agreement between the employee and the employer, the employee can go on vacation before dismissal, using the days he has accumulated. If he does not take them off, then compensation will need to be paid upon dismissal. Optional payments include severance pay, which may be provided for in a collective agreement. Its payment is an exclusive initiative of the employer. But if it is provided for by a local regulatory act, then it must be paid.

The amount of severance pay is also determined by the employer. It can be set in a fixed amount or directly depend on the salary of the person leaving.
For example, it may be prescribed that upon dismissal, an employee (regardless of his position and qualifications) is paid an allowance in the amount of 50,000 rubles. Or you can specify: "in the amount of three salaries." All payments must be made on the last working day of the departing employee. This is stated in Art. 140 of the Labor Code of the Russian Federation. If the employee, for any reason (good), is absent from the workplace on his last working day, then payments are made no later than the next day. Funds can be handed out or transferred to the employee's bank card.

Conclusion

The issuance of the stipulated funds and documents to the departing employee is the responsibility of the employer. Failure to do so may result in the employer being held liable.

It is important to note that the last working day is also the moment of dismissal of an individual. And it is on this date that the employer is obliged to issue a work book to the employee and end the financial relationship. After receiving the said document, it is advisable for each former employee to carefully read the entries made in it by the last employer, and if errors are found, immediately demand their elimination. It should be noted that according to paragraph 10 of the "Rules for maintaining and storing work books, preparing work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225, an entry on the dismissal of an employee is made on the last working day. As mentioned earlier, according to the Labor Code of the Russian Federation, the work book is returned upon dismissal on the last day of the citizen's presence at his workplace.

When do you have to give a work book upon dismissal?

The Labor Code of the Russian Federation insists on the need for a final settlement with the employee on the day of his dismissal, including regarding documents belonging to him, including the work book;

• Art. 234 highlights the responsibility of the employer in case of violation of the employee's right to a new employment, which is impossible without a work book if it was not issued to the dismissed person on time, and Art. 237 speaks of the possibility of compensation for non-pecuniary damage for such a violation.

What happens to the work book upon dismissal Legislative acts require the issuance of a work book with an entry made in it about the termination of the employment contract to the dismissed employee on his last working day with this employer. In some cases provided for by law, the date of dismissal is not the last day spent in the service, but another date.

Issuance of a work book upon dismissal of an employee

But you should immediately pay attention to both the resigning employee and the employer: in no case should there be any marks in the work book about its handing over. If the employer wants to protect himself from the claims of unscrupulous citizens that the labor was not issued on time (or was not issued at all, and such cases also take place), a receipt can be drawn up during the transfer, which, if necessary, will prove the fact that the person received the document. The receipt is drawn up in any form indicating the full name and data of the passport (identity card) of the employee, the list of documents received and the date.
Obtaining by proxy A common practice of obtaining documents is through a power of attorney. This method may be relevant if the employee, for one reason or another, does not want or cannot appear on the premises of the former employer.

The procedure for issuing a work book upon dismissal of an employee

Personal files and work books of subordinates who refused to be taken away must be kept in archives for 75 years. Only then can they be disposed of. It turns out that the employer either keeps the document on demand (which happens extremely rarely), or the “labor” document is stored in the company’s archive for 75 years and then destroyed. According to the "article" or not All of the above rules apply to all employees.

Regardless of the reason for the dismissal, the employer must return the work book to the subordinate on the day the order for the removal of the employee from official duties enters into force. At the same time, it does not matter whether the employee himself quit, or the boss issued a compulsory order. The most important thing is that upon dismissal, the staff should receive a “labor” in their hands and put an appropriate signature in the labor book record book.

Deadline for issuing a work book upon dismissal

The amount of the payment is affected by the circumstances of the case:

• the amount of physical and moral suffering caused to the employee;
• individual characteristics of the injured person;
• the extent of the employer's fault;
• valid reasons that prompted the employer to delay the issuance of a work book.

The amount may be awarded by the court to the victim, regardless of material compensation. In the predominant number of court proceedings, the court awards compensation if there is a delay in the issuance of a work book, but sometimes the fact of damage must be confirmed. If the claimant does not prove that the late issuance of the document prevented employment and damage, compensation may be denied.

Getting a work book upon dismissal

Other options (transferring a work book to a nephew, niece, aunt, uncle, etc.) can be considered by the employer only as a last resort, if there are no other close relatives. In this case, documents confirming kinship should be required. Often in practice the question arises whether it is possible to send work books abroad.

In accordance with Art. 3 of the Law of the USSR of June 24, 1991 No. 2261-I “On the procedure for exporting, sending and reclaiming personal documents of Soviet and foreign citizens and stateless persons from the USSR abroad”, work books are not subject to export and forwarding. In the case of going abroad for permanent residence, these documents are handed over to the appropriate organizations or institution at the last place of work (service) or registration of leaving citizens and stateless persons.

Issuance by the employer of a work book and other documents to the employee

According to the labor legislation in force in Russia, upon dismissal, an employee must receive a set of documents, one of the main ones being a work book. The procedure is extremely important, which is primarily due to the fact that a person ends one working stage of life and begins another. The new employer will need information about the official labor activity of the newly hired employee, contained in the labor.

• Issuance options
  • Receiving personally by an employee
  • Receipt by proxy
  • Mail forwarding
• Legal Framework
• Issuance rules
• Dates of issuance
• Responsibility of the employer for failure to issue a document

Issuance options Personal receipt by an employee The easiest way is if the employee personally applies to the personnel department, where they will issue and issue all the required documents.

Subtleties of dismissal: how long is a work book issued?

Attention

So, the following information is entered in the work book before its issuance:

• the position in which the staff worked;
• the name of the employing company;
• reason for dismissal;
• date of employment;
• dismissal time.

Without these records, the issuance of a work book upon dismissal cannot be carried out. Therefore, you should not pick up the document before the employer puts all the appropriate marks in it. Timing The employee has decided to quit. He is awaiting the issuance of a work book.

Important

Upon dismissal, it is difficult to establish the timing of the implementation of this obligation. But there are some generally accepted rules. According to the Labor Code of the Russian Federation, an employee must notify his employer of his intention to leave 14 days before the idea is put into practice. He writes a statement. Then you need to work 2 weeks.

How is a work book issued upon dismissal

Info

The power of attorney can be certified by the organization in which the principal works or studies, or by the administration of the inpatient medical institution in which he is being treated. Upon receipt of a work book, an authorized person must leave a receipt to the employer organization that on such and such date (full name) by proxy received a work book of such and such an employee in column 13 of the Book of accounting for the movement of work books and inserts to them . According to the new rules, the employee must sign in the work book, certifying with his signature that all entries are made correctly.

If the employee refuses to receive a work book (this happens if the employee does not agree with the dismissal for violation of discipline, etc.), it is necessary to draw up a written act on such a refusal.

The employer is obliged to issue a work book to the resigned employee

The Labor Code of the Russian Federation, upon a written application of the employee, unused vacations can be granted to him with subsequent dismissal (with the exception of cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation. In this regard, clause 5.1 of the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003
No. 69, it is determined that the date of dismissal (termination of the employment contract), along with the last day of work, may be another day, if it is established federal law, an employment contract or an agreement between an employer and an employee. The work book is issued on the last day before the vacation. In accordance with par.

The employer is obliged to issue a work book to the resigned employee within

On work books" (together with the "Rules for maintaining and storing work books, preparing work book forms and providing employers with them") The employer is obliged to issue to the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it. Articles, comments, answers to questions: The term for issuing a work book upon dismissal A guide to personnel issues. Employment book 2. How long does it take to issue a work book upon dismissal Question: ... Is an employer obliged to reimburse a foreign employee whose patent has expired for the earnings he did not receive during the delay in issuing a work book upon dismissal? (Expert consultation, Ministry of Labor of Russia, 2016) Question: The employer fired a foreign citizen who is temporarily staying in the Russian Federation in a manner that does not require a visa. The reason was the expiration of his patent (p.

In accordance with the Labor Code, the chief must ensure the storage and issuance of the work book until the termination of the employment relationship between him and the subordinate. This is a required item. Without it, the process of dismissal can be called violated. The conditions for termination of labor relations are prescribed by the Labor Code, Art.

Withholding It has already been said that some employers prefer to intimidate their subordinates by withholding a work book. This means that the citizen will actually lose proof of his own work experience. There is no need to be afraid of such threats. After all, the issuance of a work book upon dismissal is a mandatory item.

If the employer refuses to return the document, you can complain about it. At the same time, it is desirable to record the fact of threats from the boss. Then either the employer will be held liable, or the dismissal will be recognized as illegal.

But most often the extradition takes place on the day of the break in labor relations. That is, a citizen receives a document when the employee is registered as a dismissed cadre. Not earlier and not later. Such rules are established in Russia at the moment. The issuance of a work book on the day of dismissal is a process that must take place. After a person receives this document in his hands, he is additionally handed a settlement certificate. And with a similar list of papers, you need to go to the accounting department of the enterprise in order to receive a calculation. Only after that it will be possible to consider the process of dismissal and issuance of a “labor” correctly implemented.

When do you have to give a work book upon dismissal?

Info

The issuance of a work book upon dismissal is a mandatory process. The employer has no right to retain such an important subordinate document for himself. But not everyone knows this fact. Often the boss threatens not to give the work book if the subordinate wants to quit on his own.

Attention

Or the employee himself does not want to take this document from the employer. What features of the process of issuing a "labor" should be taken into account? Mandatory Issuance of a work book after dismissal is quite a common thing. It is obvious - a citizen should have one "labor" one, it displays the entire labor guard.

This means that upon termination of the employment contract, the document is returned to the owner. Until that time, it must be kept by the employer.

Issuance of a work book upon dismissal of an employee

Important

Civil Code of the Russian Federation, where the general provisions on the power of attorney are indicated. If it is not possible to obtain the consent of the head, then you can agree to receive a work book by mail. Example of a power of attorney POWER OF ATTORNEY for obtaining a work book Yekaterinburg, February 11, 2017 I, Antonina Rostislavovna Perestukina, born on October 14, 1978, passport 20 11 No.

Pushkino on July 14, 2000, living at the address: Yekaterinburg, st. Academician Postovsky, 18, apt. 134, I AUTHORIZE Maksim Anatolyevich Zheleznyakov, born on August 18, 1980, passport 20 11 No. 967389, issued by the Department of the Russian Federal Financial Service for the Moscow Region in Kolomna on January 29, 2004, residing at the address:
Yekaterinburg, st. Bauman, 24, apt.

The procedure for issuing a work book upon dismissal of an employee

The employer needs:

• draw up an act stating that the work book was not issued to the employee (indicate the reason);
• send the employee a written notice of the need to receive a work book or agree to send it by mail.

Employment book - by mail It is possible to send such an important document only with the written consent of its owner, that is, the employee. Such consent may be expressed:

• in advance, when the employee asks in writing to send him his work paper to the specified address due to the impossibility of appearing in person for it in time;
• in response to a notice sent by the employer.

When will the book be given to relatives? Close people of an employee can receive his work book only in one very sad case - dismissal due to death.

Deadline for issuing a work book upon dismissal

For this you need:

• make an entry in the book about the termination of employment;
• make sure of close family ties with the deceased, documented (passport, marriage certificate, birth certificate, etc.);
• receive a receipt from a relative in obtaining a labor (in a simple form).

With the written consent of relatives, you can use the mail service. The procedure for issuing a work book upon dismissal of an employee under the Labor Code of the Russian Federation The employer does not have the right to release a former subordinate with a book in which the relevant entries are not made. According to Art. 66 of the Labor Code of the Russian Federation, he is obliged to make entries related to changes in the position or personal data of the employee.
Without this information, there will be no point in the book itself and its storage at the workplace. Also, in the absence of this information, problems may arise with the calculation and calculation of an employee's pension.

Getting a work book upon dismissal

Common cases in judicial practice are disputes related to the delay in the issuance of a work book by the employer. The record of dismissal is subject to change on the date of issue of the document, which does not always happen in practice. If the employer refuses to change the date of dismissal, the procedure for determining the day is decided in court.
The day of dismissal becomes the date of the court decision, a reference to which is entered in the work book. Changing the date is accompanied by material compensation for downtime days, but in the course of a trial, the employee has the right to ask for compensation for moral damage.

Issuance by the employer of a work book and other documents to the employee

If the previous employer made an entry “not according to the protocol”, and the subsequent one refused employment because of this, the court will take the side of the unfairly offended employee, which is fraught with serious compensation and compensation for lost earnings. Who can get a work book Usually, upon dismissal, a work book is handed over directly to the employee. In practice, there are circumstances permitted by law when a book can be:

• issued to a person who received a power of attorney from an employee to receive a document;
• given to a relative of the dismissed person;
• sent by mail;
• saved by the employer in the manner prescribed by law.

Features of personal issuance The procedure for obtaining a work book for an employer is more laborious than for a resigning one.

It consists of several stages.

1. Filling.

Subtleties of dismissal: how long is a work book issued?

The act must be signed by members of the labor collective - uninterested colleagues and necessarily members of the trade union (if there is one in the organization). In the event of the death of an employee, the work book, after making an appropriate entry on the termination of the employment contract, is handed over to one of his relatives against receipt or sent by mail upon a written application from one of the relatives (clause 37 of the Rules). The question of who is a relative is not clarified by the Rules.
In the Family Code of the Russian Federation, one can find the following wording of the concept of close relatives: close relatives are relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters. The author adheres to the following position: a work book should be issued to close relatives, as well as to adoptive parents or adopted children.

How is a work book issued upon dismissal

On this page:

• Legislative regulations on the work book
• What happens to the work book upon dismissal
• Who can get a work book
• The procedure for issuing a work book upon dismissal of an employee under the Labor Code of the Russian Federation
• Book issue dates
• Issuance of a work book by proxy
• Power of attorney example
• Responsibility for delay in the issuance of labor
• conclusions

The dismissal process is always unpleasant and requires clear action. A special point is the issuance of a work book upon dismissal, since this document contains all the basic data about the employee. The employer is obliged to issue the document and has no right to retain it to the detriment of the former employee.
Sometimes it happens that the manager threatens not to give the book back, or the employee refuses to pick it up himself, because he does not agree with the dismissal.

The employer is obliged to issue a work book to the resigned employee

If a personnel officer or employee makes a mistake, the text is crossed out, the correct entry is made next to it, certified by the head. When sending a work book by mail, in columns 12 and 13 of the journal, a personnel worker enters a record of the number and date of departure. In the course of work, the employee may need to supplement the book with an insert, which is also subject to registration in the journal.
The dismissed employee additionally signs for the issuance of the insert. Delay in issuing a work book upon dismissal Issuing a work book with a violation of the deadline may occur for 2 reasons:

• due to the fault of the employer;
• when the employee is absent.

An employer who deprives a person from working as a result of a delay in issuing a book bears financial responsibility (Article 234 of the Labor Code of the Russian Federation).

The employer is obliged to issue a work book to the resigned employee within

In this case, a notice is sent to the dismissed employee with a request to pick up the document or agree to send the book by mail. From the moment the notification is sent, the manager ceases to be responsible for the delay of the book. If the employee, having received a notification, applied for a work book, then the employer must return it no later than 3 working days. The document can be sent to the dismissed employee by mail if he gave his consent and wrote an application for sending the document. In the event of the death of an employee, his relatives can receive a labor certificate by providing documents to confirm kinship. If no one applied for a book, then the head is obliged to keep it until required.
It should be noted that the power of attorney must be notarized and contain:

• Full name and data of the passport (identity card) of the employee;
• Full name and data of the passport (identity card) of the authorized person;
• functions that the trustee has the right to perform;
• validity period of the power of attorney;
• seal and signature of the notary.

Forwarding by mail It happens that an employee not only cannot appear for documents himself, but also issue a power of attorney. Or does it on purpose. At the same time, labor legislation does not provide for any liability for this. The employer can contact the dismissed employee by phone or send him a notice and keep documents until he appears. Labor legislation also reserves the right for the employer to send documents by post.