Article 62 of the Labor Code of the Russian Federation as amended in 2021

29.08.2019

225

4 min.

When applying for official employment, a citizen submits to the employer an established list of documents, which includes a passport, TIN code, military ID, etc. This list is then supplemented by management with a contract and work record book. The papers are stored in the archives of the enterprise, and they can only be obtained in person under the circumstances prescribed by Article 62 of the Labor Code of the Russian Federation.

What documents can an employee request from an employer?

List of documents specified in Art. 62 TK, is exemplary and open. Judicial practice (reviews of decisions of magistrates in labor disputes) leads to the following conclusions regarding the characteristics of documents that can be requested under Art. 62:

The list is not limited. The definition “and other” indicates the possibility of requesting almost any documents that meet the meaning of the article.
The documents must be related to the employee's work for this employer. The degree of relationship is interpreted quite broadly. For example, court decisions satisfied the requirements to provide:

a copy of the employee’s personal card;
accounting and tax registers confirming the withholding and payment of personal income tax to the budget;
a copy of the organization's internal labor regulations;
a copy of the Regulations on bonuses for employees of the organization and orders on bonuses for the period of work.

Thus, if a document has at least some relation to the employee’s work and his payment, it should be provided.

When issuing documents relating to several employees, it is necessary to take into account the requirements of the legislation on personal data. For example, if an employee requests a bonus order, you should not give him the entire document, because in addition to information relating to the employee, there will be data from other persons. In such cases, you should draw up an extract from the relevant document containing information only about the applicant himself.

On the disclosure of personal data, see: “Responsibility for the disclosure of personal data under 137 of the Criminal Code of the Russian Federation” .

Description of disciplinary offenses

If disciplinary offenses are committed, management not only assembles a special commission, but also organizes a full-fledged investigation. The process is accompanied by the execution of various acts and protocols. These are documents containing information on the actual circumstances of the offense. A legal assessment is provided separately. Conduct an analysis of previous cooperation with the citizen.

A separate issue is the legality of requests aimed at the results of such investigations and descriptions of the offenses themselves.

In case of disciplinary offenses, the legislation does not oblige investigations as such. The order to impose penalties is the only document that, under such circumstances, is required to familiarize subordinates with.

The general rule is that other documents documenting the progress and results of the investigation may not be disclosed to the other party. They are considered not directly related to the duties of a citizen.

Therefore, the manager’s refusal would be a lawful decision under such circumstances. Exceptions are situations where an employee is interested in challenging a decision using legal proceedings. In this case, the requirements can also be filed by court officials. A citizen has the right to get acquainted with information as a participant in the process.

When can I request documents?

This is the second issue that entails disputes that were resolved in court. Regarding the timing of an employee’s request for documents, the conclusions from judicial practice are as follows:

To request documents under Art. 62 of the Labor Code, the employee does not have to have an existing employment relationship with the employer from whom he is requesting it. The fact that at some point, even in the past, a person was an employee of this employer is sufficient to make a request.

IMPORTANT! Documents related to work for the employer may be requested at any time and must be provided (subject to the conditions of the next paragraph).

It must be possible to issue the requested documents. That is, when making a request, you need to take into account the established periods during which these documents must be kept by the employer. For example, if a former employee, 7 years after dismissal, asks for documents on contributions to the Pension Fund with a 6-year retention period, it may happen that his request simply cannot be fulfilled. At the same time, if it is still possible to issue copies of documents, they must be issued.

Read more about storing documents: “What is the period of storage of documents in the organization’s archive?” .

Copies of documents

It is also allowed to use several solutions for such situations:

Using a photocopier.
An acceptable option is to create a scan and then print it out.

The main thing is that the size of the printed version matches the original.

A copy of the work book and any other documents is created in full or in part. For example, when certain sheets are needed. But a copy of the title page is required under any circumstances. Be sure to provide a link to the place where the original is stored. In this case, indicate the following information:

Date of.
Case number.
Company name.

On all sheets that are copied, a mark is placed stating that the information is correct. On the last page, the manager separately informs that the citizen’s work in this organization is currently ongoing.

Important conditions include numbering and stitching of sheets. A certain amount of information should also be present at the firmware location:

Total number of pages.
Signature of the responsible person.
Seal.

Each page contains the name of the manual along with a full transcript. A separate position is held in the company by the director. The print should partially cover the text, but the text remains readable, this is important.

Duplicates of a work book have different validity periods, depending on the location of the request:

Three months from the date of issue in the case of visas.
One month for banks and social security authorities, Pension Fund.
Some financial institutions impose their limits up to 3-5 days or up to 14.

If notarization is present, any time restrictions are removed. The main thing is that after such a copy is issued, no new entries appear in the original.

It is better to consult in advance with the company that requires a copy. Its employees will tell you in detail about the registration method and the time during which the information remains valid.

What is the procedure for requesting and issuing documents under the Labor Code?

The request is submitted by the employee in writing in a manner convenient to him:

in person to the office or similar department of the employer (in this case it is advisable to obtain an acceptance mark on the second copy);
through a proxy (then the person’s authority to transmit the request must be confirmed in the appropriate manner);
by mail (for example, by registered mail with a list of attachments).

The employer must prepare documents or copies of documents (depending on what is requested) within 3 working days and:

or transfer them to the employee or his authorized representative, against signature in the appropriate register;
or send by registered mail with a list of attachments and return receipt requested (to have evidence that the request has been completed).

IMPORTANT! A request for documents must be made on behalf of the employee himself. A third party, for example, a husband for his wife, cannot make a request (even if they work for the same employer).

If it is impossible to fulfill the request in whole or in part (for example, if the storage period for the requested documents has expired), a written response should be prepared for the employee justifying the reasons why his request cannot be fulfilled. The justification is provided, as well as documents, upon request or together with them (if the request is partially fulfilled).

Article 62 of the Labor Code of the Russian Federation. Issuance of work-related documents and their copies (current edition)

1. Part 1 art. 62 obliges the employer, upon a written application from the employee, to provide him with copies of documents related to work, incl. and documents on accrued and actually paid insurance contributions for compulsory pension insurance. At the same time, the employer does not have the right to demand from the employee an explanation of the reason why he needs a copy of a particular document.

List of documents (copies of documents) listed in Part 1 of Art. 62 is not exhaustive. In addition to those mentioned, the employer is obliged, upon the written request of the employee, to issue him with other documents if he needs them to exercise certain rights. For example, an employer is obliged to provide an employee with a reference if he needs it to participate in a competition.

All documents (copies of documents) issued to the employee at his request must be properly executed. They must be certified by the signature of the head or his authorized person and the seal of the organization. The document must indicate the number and date of issue. If a copy of a document is issued (for example, a copy of an order for employment or dismissal), then a note must be made on it that the original is in the given organization.

The employee must contact the employer with a request for the issuance of work-related documents in writing, i.e. by submitting an application.

At the request of the employee, the employer is obliged to issue the necessary documents no later than three working days from the date of filing the application for the issuance of documents.

2. The general procedure for issuing and certification of copies of documents is established by Decree of the Presidium of the Supreme Soviet of the USSR dated August 4, 1983 N 9779-x “On the procedure for issuing and certification by enterprises, institutions and organizations of copies of documents relating to the rights of citizens.”

In accordance with the said Decree, organizations issue, upon applications from citizens, copies of documents emanating from organizations, if such copies are necessary to resolve issues relating to the rights and legitimate interests of citizens who have applied to them.

In the same manner, organizations can issue copies of documents they have that come from other organizations from which it is difficult or impossible to directly obtain copies of these documents. In cases where documents were executed on forms, the details of the forms are reproduced when making copies.

Organizations also send copies of documents they have at the request of other organizations, if copies of such documents are necessary to resolve issues relating to the rights and legitimate interests of citizens who contact them.

The accuracy of the copy of the document is certified by the signature of the manager or an authorized official and the seal. The date of issue is indicated on the copy and a note is made that the original document is located in this organization.

Organizations are required to certify the accuracy of copies of documents required for submission by citizens to these organizations, if the legislation does not provide for the submission of copies of such documents certified by a notary.

Comment source:

Rep. ed. Yu.P. Orlovsky “COMMENTARY ON THE LABOR CODE OF THE RUSSIAN FEDERATION”, 6th edition ACTUALIZATION

ORLOVSKY Y.P., CHIKANOVA L.A., NURTDINOVA A.F., KORSHUNOVA T.YU., SEREGINA L.V., GAVRILINA A.K., BOCHARNIKOVA M.A., VINOGRADOVA Z.D., 2014

Does the characteristic apply to the documents that the employer is required to issue?

Strictly speaking, it does not apply. According to the provisions of the Labor Code, the employee must be given those documents that he may need to exercise his rights (to work, to compulsory insurance, to payment of compensation). At the same time, Art. 65 of the Labor Code provides an exhaustive list of documents that are needed when applying for a job, and in the “main package” there is no reference from the previous place of work.

Judges, when deciding disputes about the issuance of a reference by a former employer, point to the only possibility of forcing the employer to issue it: if the reference is needed for a competitive public position. At the same time, the courts note that no one can oblige a former employer to give only a positive reference.

That is, if a former employee needed a reference from his previous place of work for a new job, it must be negotiated with the employer separately.

Confidential information or information that does not relate to the citizen

Legislation on the protection of confidential information must also be observed, including when citizens receive certain information. For example, if there is a connection with a trade secret. Under such circumstances, the manager has the right to demand a receipt from the subordinate stating that he is aware of the specifics.

Separately, the exact list of information included in the trade secret is determined. For this purpose, special marks are applied to material media. Particular attention is paid to cases where the request concerns papers containing trade secrets not of the employer, but of a third party.

In what case can the original work book be issued?

Only if the document must be submitted to the social insurance (security) authorities. For example, to the Pension Fund to assign a pension.

A work book is issued upon a written application from the employee, within 3 working days (like other documents under Article 62 of the Labor Code of the Russian Federation). The employee must make a note in his own hand on his application “Received the work book”, indicate the date, sign and decipher the signature.

This regulation will allow you to justify the absence of the original book in the event of an inspection (for example, by a labor inspectorate).

To learn about what documents will be required when applying for a pension, read the material “What documents are needed to apply for a pension in 2016?”

How to properly certify a copy of a work record book

To reduce the likelihood of forgery of a photocopy of a work book for a bank, rules for its certification have been developed.

The following points must be observed:

the work book is copied starting from the first page (title), where the full name of the owner, his date of birth, the number of the establishment, and the employee’s signature are recorded;
the last sheet indicates the current place of employment (position, date when the person took up the position);
Printing is required on all pages;
the last sheet indicates the full name, signature, position of the employee from whom this copy of the requested work record was received;
The certification date is set, from which the period is subsequently calculated.

On July 1, 2021, GOST R 7.0.97.2016 came into force (according to the order of Rosstandart dated May 25, 2017). The standard is valid when receiving copies for the bank and other companies requesting confirmation of employment (credit cooperatives, etc.).

Who certifies a copy of the work book

You should contact the employer’s HR service for a certified copy of your work record. If there is none, then the chief accountant (sometimes the head of the enterprise) will personally handle the preparation.

If a person is temporarily unemployed, then a certified copy can be issued by a notary. In this case, all pages are also copied, starting with the title page and ending with the one where the final record is located (about dismissal from the previous job). At the client's request, the notary can certify photocopies of all pages of the book.⁠

Typical errors in certifying a copy of a work book

The most common shortcomings are:

The seal of the organization is placed on the “empty” space. According to the rules, it should be on the edge of the copied document, slightly capturing the text in the book;
there are corrections in the text written by the certifying person;
There is no “Correct” entry (must be present on every page) or certification date.

Sometimes pages are skipped or only the last ones relevant to the current employer are copied. Then the applicant receives a refusal from the bank or is forced to once again contact the personnel officers to prepare the “correct” copy suitable for the bank.

An incorrectly completed document is automatically invalidated and requires resubmission.

It is worth paying attention to the scale of the pages. If you carelessly copy or print previously taken photographs/scans, their size may change - become noticeably smaller or larger. These are signs of “installation”, so everything will have to be redone.

How long can an issued work book be in hand?

This period is not clearly regulated.

It is understood that the employee who receives the book in hand will, within a reasonable time, submit it to the social insurance authority for which he took it.

After the book is returned to him by the appropriate authority, the employee is obliged to return it to the employer also within 3 working days.
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