October 30, 2021 Statements
Termination of employment obligations is almost always an unpleasant procedure that requires clear action.
A work book is a document indicating a citizen’s labor activity over a long period of time. The employer is obliged to give it to the former subordinate upon dismissal.
Withholding a document for any reason is illegal.
Situations also arise when the worker himself refuses to pick up his document, thereby expressing his denial of the severance of the labor relationship.
Features and Requirements
The legislation states that an employee can obtain a document by submitting an application for the issuance of a work book based on the sample. You can also request a copy if the original is not required. This procedure has its own characteristics:
- The employer has no right to refuse this request, in turn, the employee must return the original no later than three days later.
- Copies must be properly certified - this is the responsibility of the employer.
- Documents and their copies are transferred free of charge, so there should be no deduction for the work book from wages.
Typically, the original document is required only in one case - when applying for a pension. In all other situations, an extract is sufficient. It may be needed when obtaining a loan, a foreign passport, receiving any subsidies, or enrolling in distance learning.
conclusions
Management is obliged to issue a personal document to the employee after leaving work. If he is absent, then you need to send it by mail, having first requested permission from the employee.
The employer does not have the right to release a former employee from employment where there is no record of the period of work at this enterprise.
Article 66 of the Labor Code of the Russian Federation obliges to make entries in the document about changes in the worker’s personal information. The absence of such information in the work book leads to the meaninglessness of its existence and storage in the organization.
Information about the activities of the owner of the book will allow a more correct and fair calculation of the pension upon the working person reaching retirement age.
Issuing a document
The reason for receiving a work book in hand may be dismissal, or the need to provide documents to the Pension Fund. In this case, the fact of issue can be recorded in a special journal. Although its maintenance is not mandatory, nevertheless, it can save you from various problems and misunderstandings if you need to confirm any facts.
In the absence of a special journal, a receipt for receipt of a work book can be used. The employee must draw it up on his own behalf and provide it to the employer. A sample receipt for receiving a work book will help you do this correctly.
In any case, the fact of issue must be somehow recorded, then if the document is lost, the employee, and not the employer, will bear responsibility. A receipt for receipt of the work book in hand allows you to prove the employee’s guilt in the loss.
An application for the issuance of a document is drawn up in free form, there is no single template, but the employer can develop it himself and use it within his organization. In this case, it is necessary that the application contains the full name of the employee, the purpose of issuance and a signature with the date of preparation. The application must be made in writing. Here is a possible sample application for the issuance of a work book.
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Sending by mail
The company can send the work book by mail only after receiving the written consent of the former subordinate.
If on the appointed day the dismissed person does not appear at the company to receive personal documentation, he is sent a notice of the need to obtain it .
Additionally, the employee is asked for permission to send documents by mail.
By sending the letter, the company relieves itself of responsibility for issuing the work book. If permission from the worker is received in writing, the company must fulfill its obligations within 3 days.
Documents must be sent by registered mail with acknowledgment , which is used as proof of sending the papers.
In the absence of written notification to the employee of the need to return the work book to the owner, the employer may be held liable.
How to write to receive a document in hand?
The approved form of the document is not established by law. When writing it, it is necessary to comply with the current standards of office work.
The text is written on A-4 paper using a computer or by hand; in any case, the signature must be “live”.
Main components of the application:
- information about the addressee: name of the enterprise, full name and position of the manager;
- information about the applicant (full name, position);
- document's name;
- a request for the issuance or sending of a work book indicating a specific address (zip code, region, district, locality, street);
- date of application and signature.
If any typos or corrections occur, it is better to rewrite the application.
Sample text of the application: “Please send my work record book by mail to the address:...”.
The received application is attached to the employee’s personal file, which is stored in the archives for 75 years. After this period of time, the documents can be disposed of.
If neither the worker himself nor his relatives apply for a work book, the employer is responsible for the safety of the document. Thus, enterprises store the document until demand or 75 years and then destroy it.
Some unscrupulous subordinates want to receive a penalty from the employer for untimely transfer or retention of the work book. They file an application with the judicial authority and deny the fact of the transfer.
As proof of the issuance of the work book, the personnel specialist draws up a special act, which is attached to the personal file. It is compiled in printed or written form. The act specifies the period of service before dismissal and the date of receipt of the document. Below, the employee records that he received his document in hand, confirming with a personal signature. Then the employee is given the book.
There is no established form for the act; it is often written in any form and resembles a receipt.
If the worker is in a pre-trial detention center or prison , then the documents are handed over to relatives. If they are absent or impossible to find, the work book remains in the custody of the employer until relatives or the employee himself appear.
applications for the issuance of a work book after dismissal from work - word.
Application Form
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
The document can be written on a standard blank A4 sheet, either by hand or on a computer. The main condition: the presence of the applicant’s original signature.
This is important to know: The procedure for working with work books
The application must be completed in two copies ,
- one of which the applicant must register either with the personnel department or with the secretary of the organization and keep with him,
- give the second to the employer's representative.
Rules and procedure
When issuing work books, employers must adhere to the rules prescribed by current legislation. We are mainly talking about Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.
Thus, in accordance with Section IV of the mentioned regulatory act, work books are issued taking into account the following requirements:
- the document must be given to the employee on the day of dismissal;
- all records must be certified with appropriate signatures;
- in case of delay in issuing a work book, the company management will be obliged to compensate the employee for the earnings that he was unable to receive due to the lack of this document;
- in the event of the death of an employee, a properly executed work book must be given to a relative (against signature) or sent by mail.
Do I need to write to the employee “I have read”?
In accordance with clause 35 of Section IV of the Decree of the Government of the Russian Federation No. 225, upon dismissal, all entries that were made in the book during the period of work with a particular employer must be certified by the signatures of the following persons:
- employer or HR representative;
- the employee himself leaving his position.
Thus, the resigning person must familiarize himself with the entries made in the work book. However, the legislation does not indicate what should be placed.
The question of affixing o remains at the discretion of the employer. Moreover, if the word “acquainted” is still indicated, this will not be considered an error. The main thing is that the employee confirmed that he actually saw all the entries made in the work book.
general information
The maintenance and maintenance of the book is the responsibility of the enterprise. They are dealt with by the HR department throughout the entire service life of the personnel. However, there are situations when a work book can be handed over to an employee . There are several such cases:
- in case of dismissal of an employee in accordance with an article of the Labor Code of the Russian Federation;
- in case of dismissal of an employee at his own request (how to write a letter of resignation at his own request?);
- in case of retirement ;
- in exceptional cases not previously specified.
According to the Labor Code, on the day the document is issued, all salary calculations are made, and the book is issued in accounting. In some cases, you must first submit an application for a work book.
Issuing a work book to the employee
A work book is a document of strict accountability, containing information about the employee’s length of service, places of work, incentives, transfers and dismissals. In accordance with the Labor Code of the Russian Federation, an employee has the right to receive work-related documents from the employer, including a work book.
The employee may be given:
- Original work book.
The law provides for only 2 cases of issuing the original work book: upon dismissal and upon reaching retirement age in connection with a request from the Pension Fund. Issuance of the original for other reasons is not permitted by law.
- A copy of the work book.
Includes all pages of the book, properly certified. As a rule, a copy of the book is required when obtaining a loan to be provided to the bank. More details on the procedure for issuing copies of a work record book and the features of its certification can be found in this article.
- Extract from the work book.
It is issued when an employee needs information about a specific period of time, usually his last place of work. Most often, an extract is provided when obtaining a foreign passport, applying for various benefits and benefits, or applying for a part-time job.
Why write a statement?
The work book is a strictly recording document, therefore certain norms and rules have been developed in relation to it, including those regarding maintenance and storage.
After an employee is hired, he submits his work record book to the company’s human resources department. Here all the necessary information is entered into it and here it is part of the employee’s personal file and is stored until his dismissal. Responsibility for its contents and safety usually lies with a specialist in the personnel department, who has no right to either make any “extra” entries into it or hand it over to anyone, even the owner. If the latter needs to provide information from it to any authority, the personnel officer must make a copy or extract from the work book. But the trigger for starting this process is a written statement from the employee.
Copy of the work book: basic information about the document and its status
When applying for a job, an employee submits his work record book to the employer as part of the mandatory package of documents provided upon employment. From this moment on, responsibility for the storage and safety of the document rests with the employer.
The original Labor Code is kept in the organization, and until the moment of dismissal it is handed over to the employee only in one case - for the purpose of his compulsory insurance (Part 1 of Art.
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- Work book for transfer to another position: sample 2021
- Work book certified by the employer for the bank: sample 2021
- Validity period for a copy of a work book for a bank
- Information about disciplinary sanctions in the work book
- The employee does not want an electronic work record book
- Example and procedure for filling out an electronic work book
62 of the Labor Code of the Russian Federation), and if there are circumstances requiring confirmation of the information specified in the work book, the employee is given a certified copy or extract.
There are two types of copies of TC, each of which has its own status, these are:
a copy of the work book, written out on an official form - a duplicate, is issued in replacement of the lost (lost, damaged) work book and has the status of the main document confirming the employee’s length of service;
photocopied copy of the work book - created by copying a document using a copier and certified by an official or employer with a round seal. It is a one-time document, which is issued to be provided to the recipient who requested the document.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
A photocopy of the work book must contain all the information reflected in the original document, in the same sequence and chronology, including not only records of length of service, but also information about awards and incentives.
This is important to know: A copy of the work book certified by the employer: sample 2021
When preparing a photocopy, the HR employee or the employer directly must certify the document:
on each photocopied page a note is made: “Copy is correct,” and the artist’s signature is affixed;
on the last page of the copy, an entry is made: “The copy is correct, on ... pages,” after which the document is certified by the executor’s signature and seal, and the date of its issue is indicated.
A copy of the Labor Code (duplicate), issued to replace the lost one, can be issued without restoring the chronology of the experience (where the company issuing the duplicate Labor Code will be recorded in position No. 1, and information about the previous experience will be summarized, with a footnote “according to the full name (owner) "If the owner presents documents confirming the presence of previous work experience, information about him can be entered in a duplicate, with a footnote to the presented document (certificate of work experience, extract from the order). The entry made is certified by the seal of the organization that made the entry in the copy of the Labor Code. The original document on the basis of which the entry is made is pasted on the last page (cover) of the TC.
When issuing a duplicate, the official who issued the document puts the inscription “Duplicate” on the title page and certifies it with his signature. An entry is made on the inside cover: “The duplicate was issued on the basis of ....”. The entry is dated, signed and sealed.
The basis for issuing a duplicate are certificates from structures confirming the loss (issued by the city department of the Ministry of Internal Affairs after the fact of registration of the theft or statement of loss of the TC), loss (certificate from the Ministry of Emergency Situations about fire, flooding, etc.).
Possible problems and disputes
Often, upon dismissal, a number of problems arise related to the issuance of a work book upon dismissal, which have not yet been provided for by legislators. For example, when an employer sends work to an employee at his place of residence and then receives it back, the employer simply keeps the work at home.
Often, after a long time, an employee appears who says that they simply did not give him a work book and begins to demand compensation.
In labor practice, this happens quite often and the legislator has not yet provided for ways to protect the employer from treachery on the part of employees.
Another significant problem and at the same time a gap in the legislation is the issue of issuing a work book on the day of dismissal. Sometimes the day of dismissal falls on a weekend, and the employee is forced to wait until Monday for his document to be issued.
Everything would be fine, but if an employee needs to start a new position at a new place of work starting next week, the previous employer may make concessions.
But very often, upon dismissal, just the opposite happens, and the employer delays the issuance of the work book as much as possible. Unfortunately, not every employee has sufficient knowledge of labor law to competently defend their interests.
