In what cases is a letter of guarantee for employment required? Writing sample

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Published: 07/01/2016

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There are situations that require a potential employer to guarantee employment.

That is, even if the employment contract has not yet been signed, the person’s job is guaranteed. The letter is drawn up according to the rules of office work and has nuances in design.

• General information
• Cases of registration
• Document structure
• How is the letter formatted? Letter regarding a convicted person
• Guarantees for early release
• Guarantees of admission to a preschool institution

When may a letter of guarantee be required?

A letter of guarantee for employment is provided by the employer at the request of the future employee for various reasons. Most often, such a letter is necessary when resolving migration issues as a guarantee of employment for a foreign citizen or Russian citizen moving to another area or going abroad.

Listed below are all possible scenarios when it will be problematic for a citizen to resolve their issues without a letter of guarantee:

• participation in the state resettlement program;
• employment of a foreigner;
• transfer to another job (to a third-party employer in accordance with Article 72.1 of the Labor Code of the Russian Federation);
• travel abroad to present to the embassy when obtaining a visa;
• employment of a young specialist who has just completed his studies;
• parole of a prisoner.

You will get useful information about employment from the article “How are candidates screened when applying for a job?”

If the employer does not want to issue such a letter, the future employee will not be able to force him to do so, since there is no such legally established obligation. And another nuance: if the employer who issued the letter of guarantee refuses to employ the employee after a certain time, the latter has the right to go to court to protect his rights and demand registration for work.

What is a job guarantee and why is it needed?

This type of official employment certificate provides a person with a full guarantee from the employer that he is being hired. In addition, the guarantee deed sets out in detail the obligations that the employer is ready to assume. This represents the value if the person is:

• applicant for parole;
• participant in the resettlement program;
• student;
• a foreigner wishing to find a job (these persons must provide certificates of employment to the migration service);
• a resident of the Russian Federation, but moving to another country;
• a company employee transferred to work in another organization or branch.

And although the Labor Code of the Russian Federation does not directly mention the need for such a certificate, as practice shows, in some cases its absence causes many unpleasant consequences.
Information! In the event of a conflict between the parties, a letter of guarantee can act as evidence in a court hearing, both on the part of the employer and on the part of the employee.

How to write a letter of guarantee

Since there is no unified sample letter of guarantee for employment , each employer draws it up independently.

You can read more about the unification of documents in the article “Unified forms of primary documents (list)”.

Considering the purpose of the letter, the employer should indicate in detail:

• the future position that the applicant will occupy (indicating the department and address of the place of work);
• salary and working conditions;
• detailed information about the employer himself (field of activity, registration information, address, full name of the manager).

The letter of guarantee is drawn up on the company's letterhead. It must be registered in the outgoing correspondence log and contain the number and date of compilation. The letter must also contain information about the future employee: his full name, place of residence, education, contact information.

The letter can be signed by both the head of the company and an employee authorized to sign such personnel documents.

Responsibility for performance of guarantees

Before issuing a letter of guarantee, the employer should know that this document assigns him certain obligations to a specific person. In other words , the organization is responsible for fulfilling those promises that were reflected in the letter of guarantee . If these obligations are not fulfilled, the person to whom they arose has every right to appeal to a judicial authority.

Thus, a letter of guarantee is an official notification to interested parties about the assignment of a job to a specific citizen. This type of document acts as a kind of confirmation that after a specific period of time the employment contract will be signed.

Results

Providing a guarantee by the future employer that he plans to employ the bearer of the letter of guarantee helps the latter to insure himself against troubles associated with the risk of non-employment. However, the employee cannot force the employer to issue such a letter.

The letter of guarantee is drawn up in free form, since there is no special form for issuing this document.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What should you pay attention to in the example?

1. Greeting by name. Don’t be lazy, call the company and find out the name of the head of the department or company. In the worst case scenario, send your resume to the HR manager. But please contact me strictly by name.
2. In the first line after the greeting, immediately indicate the purpose of the letter.
3. Very briefly about myself and my experience. This is described in detail in the summary.
4. A little more detail about your work preferences and strongest abilities. I think it's optimal to choose 3 strong abilities. More is a lot, less is weak.
5. Indication of interest in this particular company. To do this, you need to very carefully study the company’s website, its activities, communicate with those who work or previously worked there (they are usually easy to find on VKontakte), etc. The more exclusive your motivation for this company, the higher the chances.
6. Offer to review your resume. In my letters I always attach a resume and provide a link to the Internet version. It seems to me that this is more convenient for the employer.
7. Your signature and contact details. A signature is generally a sign of good business manners. And in this case, it is simply convenient for the employer.

Of course, this example is not the only possible option for how to write a cover letter. Completely different options are possible. After one of the consultations, Irina wrote a spectacular letter, read it!

Definition and legal rules

From the point of view of legislation, a letter of guarantee is an element of document flow, one of the types of business correspondence - as a rule, between legal entities. From the very name of the document it follows that a letter of guarantee is a written way of confirming obligations or fulfilling certain conditions within the required period and to the required extent. This additional confirmation is used when conventional agreements may not be sufficient.

IMPORTANT! A letter of guarantee is not a commercial document.

Letters of guarantee are quite often used in business activities, however, no special rules regulating their execution and use are enshrined in Russian legislation. Therefore, you should be guided by standard business practices and strive to achieve the most clear and unambiguous formulations that accurately reflect the intentions and obligations of both parties.

Guarantees for parolees

In a world where everything is sold and everything is bought, it is possible to agree on the acquisition (purchase) of a letter of guarantee, and such a document may be needed not only for a document, but also in other cases.

There are many offers on the Internet from various companies that are ready to provide assistance in this matter for a fee. But first you need to understand the appropriateness of actions. As mentioned above, a certificate of employment after release is proof of intentions to lead a law-abiding lifestyle. The possibility of employment, despite the crisis, depends on the individual. Some are ready to work as laborers if they have a higher education, others cannot be janitors because it is humiliating for them. Therefore, the main guarantee for arresters is their behavior.

Why write?

A person looking for a job should use all available opportunities to get a job that will satisfy his financial and moral needs. Have you seen an advertisement for a suitable job? Submitting a resume alone is not enough, because it contains general information about your work history.

It is necessary to convey to the potential manager broader information about yourself, to show the opportunity to get a valuable specialist in your person as an employee. To do this, you need to write the letter correctly.

Sending a letter to a potential employer is not a bureaucratic procedure at all; it is carried out in the interests of the job applicant himself. There is no mandatory form of the letter, and it is not necessary to write one, but this document can play a decisive role in the selection of candidates.

Especially if the organization does not conduct personnel assessments or interviews.

The functions of writing are very significant:

• resume support;
• request for vacancies;
• review of the ad.

The key to success in employment is writing a competent letter, impeccable in all respects.

In what cases may a petition be necessary?

A petition from the head of an enterprise or department is a fairly common way to influence the final decision of senior management or an official from any organization. It can be written for any occasion and to various organizations, both at the place of work and, for example, to the judiciary.

As an example, we can take a petition that is written to the head of a preschool institution. Its purpose is mainly to obtain a place in kindergarten for an employee of a company or enterprise. Often a motion is drawn up by a lawyer in order to influence the final decision of the judge when choosing a punishment for the client.

A petition is a good option for obtaining a positive response to a request. This type of letter is drawn up by the head of an enterprise or department for a specific employee in order for him to receive a voucher to a sanatorium-resort institution. In addition, rewarding an employee is rarely done without a preliminary request. A similar document on behalf of the immediate superiors can be drawn up to provide an employee of the organization with official or personal housing.

The petition can also be written as a recommendation for the applicant’s admission to a higher educational institution. Sometimes students also use such documents. We are talking mainly about officially employed part-time workers. A request from the boss in such a situation may affect the change in the exam schedule.

Thus, a petition for an employee is a rather important document that resolves issues in which the employer’s protection is necessary. In some situations, a petition becomes not the main, but an important additional argument for authorized persons to make a decision in favor of the employee.

At its core, a petition is a formal request from a high-ranking employee of the company. If a subordinate needs additional protection of his rights or a special privilege to resolve a complex issue, such a document will be very useful. A petition can be a significant contribution when dealing with acute life problems.

You can create a document for any employee. His work experience, length of service at the enterprise and position should not play a role. The HR department will process the application. After this, the document must be certified by the manager.