Sending a work book by mail upon dismissal. Statement. Deadlines

11.08.2019
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8 min.

According to the current law, any employer, when dismissing an employee, is obliged to formalize the termination of the work contract and make a payment. In practice, a situation often arises when a subordinate, for a number of reasons, was unable to appear and personally pick up the required papers on the last working day. In such cases, a procedure such as sending a work book by mail upon dismissal is launched. It has a number of nuances that require special attention.

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On the last working day of a resigning employee, the employer must pay him and give him a work book (Article 84.1 of the Labor Code of the Russian Federation). No applications from the employee are required to obtain a work permit, because This is the employer's obligation established by law. But what if the quit employee did not pick up his or her work in a timely manner? Is it possible to send a work book by mail? We’ll find out in our article.

Please send me a sample work book by mail | Foreigner

On the last working day of a resigning employee, the employer must pay him and give him a work book (Article 84.1 of the Labor Code of the Russian Federation).

No applications from the employee are required to obtain a work permit, because This is the employer's obligation established by law.

But what if the quit employee did not pick up his or her work in a timely manner? Is it possible to send a work book by mail? We’ll find out in our article.

Application for sending a work book by mail - sample

To the Director of Priboy LLC

Moscow, st. Svetlaya, 6, bldg. 7, off. 112

from Pavlov Ilya Semenovich

125503, Moscow, st. Rechnaya, 113, apt. 45

Tel. 8 (903) 1111234

for sending a work book by mail

In response to your Notice No. 25 dated September 05, 2021, I, Ilya Semenovich Pavlov, inform you that I agree to have my work book sent to me by mail.

Please send your work book by valuable letter to the following address:

125503, Moscow, st. Rechnaya, 113, apt. 45, Pavlova I.S.

09/14/2018 Pavlov

How to pick up a work book by mail?

When a valuable letter from the employer arrives at the post office at the address specified in the application, a corresponding notice will be sent to the former employee’s mailbox. On the back of it, the recipient's passport details are filled in, then this notice, along with the passport, must be presented at the post office. Post office employees will hand over a letter with a work book.

The work book was not issued on the day of dismissal: what should the employer do?

Let us immediately remind you that failure to issue a work book to an employee threatens the employer with administrative liability (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• a warning or a fine for employer officials in the amount of 1,000 to 5,000 rubles;
• for an individual entrepreneur – a fine from 1,000 to 5,000 rubles;
• for an employer-organization - a fine of 30,000 to 50,000 rubles.

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In addition, the employer will be obliged to compensate the employee for the average earnings he did not receive due to the illegal deprivation of the employee’s opportunity to work (Article 234 of the Labor Code of the Russian Federation, Determination of the Moscow City Court dated November 24, 2010 in case No. 33-36584).

Therefore, in order to avoid claims from inspectors, the employer must confirm that the work book was not issued in a timely manner through no fault of the employer.

Accordingly, from the date of sending such a notification, the employer is released from liability for the delay in issuing a work book (Part 6 of Article 84.1 of the Labor Code of the Russian Federation, Clause 36 of the Rules, approved by Government Resolution No. 225 of April 16, 2003).

How to make an application to send a work book by mail

So, if an employee does not receive a work book on time, he can send a letter to the employer with a request to send the work book by mail. Such a letter can be delivered to the employer personally or sent by registered mail with return receipt requested. Such a letter may be called a statement, notice or consent.

In the employee’s consent to send the work book by mail, you must indicate the name of the employer, his address, full name, contact information of the former employee, as well as the address to which the employee asks to send his work book. The letter can also provide specific details of the notice previously received from the employer with a request to decide the fate of the work book.

We provide a completed sample application for sending a work book by mail.

Articles on the topic

In practice, employers may encounter certain problems when maintaining any documents. Work books are one of the most important forms of documentation, which must be monitored by certain responsible persons, and this article will discuss the nuances that company employees may encounter when receiving and issuing work books.

From this article you will learn:

• Is it possible to send a work book by mail;
• what method can be used to send a work book by mail;
• Are any documents needed when sending a work book by mail;
• what, in addition to the work book, the personnel employee must send by mail.

Few of the personnel service workers know that work books can be sent by mail to anywhere in our country if the former employee of the organization is out of reach and cannot personally come to the company to receive the document. Of course, there are often situations when an employee simply does not want to strain himself once again by coming to the office, but the obligation to hand out work forms to all employees is the direct responsibility of any boss.

Don't miss: the main material of the month from leading specialists of the Ministry of Labor and Rostrud

Encyclopedia on registration of turnkey work books from the Personnel System.

Sending a work book by mail is a rather risky step, because no one knows whether a person lives at the previous address and whether he will be able to receive his document.

But the Labor Code of the Russian Federation clearly defines the rules that, after settlement with the enterprise, a work book must be handed over to the former employee, even if he no longer actually needs it.

The paragraphs below will discuss options on how you can comply with all the rules of the Legislation and transfer a document to a person, relieving yourself of responsibility for its storage.

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Is it possible to send a work book by mail?

The law does not prohibit sending work records by mail to the address that the employee indicated when applying for work. In addition, the confirmed place of residence must be verified, but the employer relieves itself of responsibility for storing the work book at the moment when it formalizes the process of sending it to the former employee’s home.

Read more about sending a work book by mail here:

This rule applies to employees who do not communicate and cannot personally send to the organization a written request to forward a document indicating the address for sending.

We send the work book by mail

When sending a work book by mail, you must strictly follow the rules and procedures approved at the legislative level. The employer needs to make sure that the document is the property of the quitting employee (problems may arise if the person has worked at the company for a short period of time).

Further, it is recommended to check whether the employee can personally come to the institution for the book (call him on his personal telephone number), because this document, in fact, is valuable for him, and not for the enterprise. Without a work book, a person simply will not be able to get another job, so call the phone number indicated in your personal file and, perhaps, you will do without sending a parcel.

If the employee does not answer calls, then it is necessary to go to the post office as soon as possible and arrange for the document to be sent to the address of the former employee.

Keeping a book at your company after a person has been fired is strictly not recommended, since unscrupulous people can sue you for illegal retention of documentation.

You can leave this document only if the parcel has been returned and the notification states that the citizen no longer lives at this address.

Are any documents needed when sending a work book by mail?

Sending a work report by mail is possible both at the initiative of the employer and at the request of the employee himself, who could simply forget to pick up the document and have already changed his place of residence. To complete the shipment, you must receive a statement from the former employee, where he indicates his request and contact information for urgent communication.

When registering to send a work book by post, the employer is not required to have any identification documents with him. You will need to purchase a certain number of stamps, fill out an application in the form specified in Article 119 of the Labor Code of the Russian Federation, buy envelopes and pay for the services of postal workers.

It is also strongly recommended that every employer keep the receipt received from the postal employee confirming the sending of the letter in case an unscrupulous employee decides to recover any compensation from the company for the contrived retention of the work record book.

The employee did not take away the labor - the employer's responsibility

For the employer, such a situation is fraught with administrative punishment, even if it is not his fault for not issuing the document - after all, the employee could not show up for work on the last day, refuse to receive a work permit, etc. The Code of Administrative Offenses of the Russian Federation establishes a fine of 1000 – 5000 rubles. for individual entrepreneurs and officials, and for companies 30,000 - 50,000 rubles. Also, the employer will have to compensate the employee for the average earnings he did not receive, since he did not have a work permit in hand, which means he was deprived of the opportunity to get a new job (Article 234 of the Labor Code of the Russian Federation).

Application for return of work book by mail

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On the last working day of a resigning employee, the employer must pay him and give him a work book (Article 84.1 of the Labor Code of the Russian Federation).

No applications from the employee are required to obtain a work permit, because This is the employer's obligation established by law.

But what if the quit employee did not pick up his or her work in a timely manner? Is it possible to send a work book by mail? We’ll find out in our article.

The employee did not take away the labor - the employer's responsibility

For the employer, such a situation is fraught with administrative punishment, even if it is not his fault for not issuing the document - after all, the employee could not show up for work on the last day, refuse to receive a work permit, etc.

The Code of Administrative Offenses of the Russian Federation establishes a fine of 1000 – 5000 rubles. for individual entrepreneurs and officials, and for companies 30,000 - 50,000 rubles.

Also, the employer will have to compensate the employee for the average earnings he did not receive, since he did not have a work permit in hand, which means he was deprived of the opportunity to get a new job (Article 234 of the Labor Code of the Russian Federation).

Sending a work book by mail upon dismissal

To avoid such a development of the situation, the employer must protect itself by sending the former employee a notification as quickly as possible that he needs to appear at his former job to receive a work book, or give his written consent and application to receive a work book by mail (send the work book without consent of its owner is not possible). In this case, the employer is relieved of responsibility for late issuance of the document (Article 84.1 of the Labor Code of the Russian Federation). We talked about how to draw up such a notice in our article earlier, but here we will look at what an application for the return of a work book by mail from an employee should be.

We draw up an application to send a work book by mail upon dismissal

If a former employee cannot (or does not want) to come pick up a work permit, he sends a letter to the employer asking him to send the document to him by mail, expressing his consent to forward it. There is no single form for such an application; it is drawn up arbitrarily, but it must contain certain information.

In the letter, the former employee must indicate the following:

• name and address of the organization - employer (full name and address of the employer - individual entrepreneur);
• your data (full name, address, telephone number for quick communication);
• the main part should contain the phrase that the former employee agrees to send the work book by mail;
• You also need to indicate the exact postal address to which the employer should send the document.

You can write an application either by hand or on a computer. At the end you must put your own signature and date of writing. The application is sent by mail to the employer's address (preferably by registered mail with acknowledgment of receipt) or transmitted in another way (in person, by courier, etc.).

Application for sending a work book by mail - sample

STATEMENT

for sending a work book by mail

In response to your Notice No. 25 dated September 05, 2021, I, Ilya Semenovich Pavlov, inform you that I agree to have my work book sent to me by mail.

Please send your work book by valuable letter to the following address:

125503, Moscow, st. Rechnaya, 113, apt. 45, Pavlova I.S.

09/14/2018 Pavlov

How to pick up a work book by mail?

When a valuable letter from the employer arrives at the post office at the address specified in the application, a corresponding notice will be sent to the former employee’s mailbox. On the back of it, the recipient's passport details are filled in, then this notice, along with the passport, must be presented at the post office. Post office employees will hand over a letter with a work book.

To the employer: how to correctly send a work book by mail

Having received consent for forwarding, in order to be sure that the work has reached the recipient, it must be sent by a valuable letter (with a list of attachments), and necessarily with notification of receipt by the addressee.

Even if the document is lost by the postal service during shipment, the sender will have proof that he fulfilled his obligation to return the work book. This confirmation is served by an inventory that indicates the name of the document being sent - the work book of a specific person, and there is a postmark with the date of sending.

Source: https://spmag.ru/articles/zayavlenie-na-vozvrat-trudovoy-knizhki-po-pochte

Sending a work book by mail upon dismissal

To avoid such a development of the situation, the employer must protect itself by sending the former employee a notification as quickly as possible that he needs to appear at his former job to receive a work book, or give his written consent and application to receive a work book by mail (send the work book without consent of its owner is not possible). In this case, the employer is relieved of responsibility for late issuance of the document (Article 84.1 of the Labor Code of the Russian Federation). We talked about how to draw up such a notice in our article earlier, but here we will look at what an application for the return of a work book by mail from an employee should be.

Sending a work book by mail

The legislator allows for the possibility that the person resigning may refuse to receive payment due to various circumstances, and clearly explains the actions of the company’s management. For failure to comply with the prescribed requirements, he may be subject to administrative liability. The punishment is determined on the basis of the Code of Administrative Offences, Part 1 of Art. 5.27:

• according to Art. 234 of the Labor Code of the Russian Federation - for failure to comply with the deadlines for issuing a work book;
• according to Art. 84.1 Labor Code of the Russian Federation - for sending a document defining length of service in the absence of the consent of its owner.

To confirm management’s intentions regarding the expulsion of the TC, the former employee must give his consent in writing.

Reasons for shipment

To figure out how to send a work book by mail, it is advisable to consider the factors influencing the occurrence of such situations.

1. An employee works in one of the company's branches, which is located in another city, while the administration and management are located in the head office.
2. The specialist was sent on a business trip, to an internship or internship, where he decided to resign. In this regard, he drew up and sent an application with a request to send his payment documents by mail.
3. The employee planned to leave work immediately after the end of his vacation, and the petition contained a request to consider the last day of vacation as the date of dismissal.
4. The severance of industrial relations is caused by a court verdict or the initiative of the administration due to a violation of the rules of the employment contract by a subordinate.
5. Dismissal of an employee on maternity leave based on her own application.

It is allowed to send a work book to a resigning citizen if he himself requests it. It should be borne in mind that the basis for such an action must be compelling, otherwise it is regarded as a way to hide the delay in issuing documents due to one’s own negligence with all the ensuing consequences.

Prerequisites

If an employee, after dismissal, has not collected his work book from the HR department, the employer is obliged to act in accordance with the standards of the Labor Code of the Russian Federation and the rules for maintaining and storing forms. There is no need to run to the nearest post office and send it urgently. It is advisable to act consistently.

1. Make sure that the form belongs to the resigned subordinate.
2. Find out whether he is in the city, and whether he has time to pick up the work book with his own hand.
3. If it is not possible to find a former employee, you can contact his relatives.

It is important to know! And only if, after fulfilling all the conditions, it was not possible to get into contact with the retired citizen, you should send the document on the length of service and other payment papers through the Russian postal service. This must be done within a few days, as he may sue, and the employer will have to pay a fine and moral damages.

In what case can you not send

The legislation provides for a number of rules that management must comply with when intending to send a work book via postal service. At the same time, he must take into account the fact that sending the form without the written consent of the resigned employee is categorically unacceptable. You cannot send a document on length of service even in the event of the death of an employee. If such situations arise, the labor record is transferred to the personnel service for storage, where it remains for two years. Then it is moved to the archive, where the shelf life of the forms is 75 years.

We draw up an application to send a work book by mail upon dismissal

If a former employee cannot (or does not want) to come pick up a work permit, he sends a letter to the employer asking him to send the document to him by mail, expressing his consent to forward it. There is no single form for such an application; it is drawn up arbitrarily, but it must contain certain information.

In the letter, the former employee must indicate the following:

name and address of the organization - employer (full name and address of the employer - individual entrepreneur);

your data (full name, address, telephone number for quick communication);

the main part should contain the phrase that the former employee agrees to send the work book by mail;

You also need to indicate the exact postal address to which the employer should send the document.

You can write an application either by hand or on a computer. At the end you must put your own signature and date of writing. The application is sent by mail to the employer's address (preferably by registered mail with acknowledgment of receipt) or transmitted in another way (in person, by courier, etc.).

Application form for consent to send a work book by mail

If the employee agrees to send the work book by mail, then he draws up a corresponding application. Although the employer is obliged to notify the employee, nevertheless, the employee has the right to submit the application independently, without waiting for notification from the employer. How to write a statement of consent to send a work book by mail is not established by law, so it must be drawn up in any form. Despite the fact that the law does not have any requirements for the content of such a statement, it is necessary to follow certain rules when drawing it up.

This is the simplest application option. The application must also include the following information:

• date of dismissal of the employee;
• the reason for the employee’s dismissal, for example “at his own request”;
• the reason why the employee cannot independently obtain a work book;
• the employee’s request or consent to receive a work book by mail;
• full address (zip code, region, locality, street house number, apartment number) to which the work book should be sent

In addition to the application, the employee can also submit an application for final payment in writing. When receiving a work book in hand, the employee must:

1. sign in the work book that you received it;
2. sign the personal card;
3. sign in the book for recording the movement of documents on labor activity

If the work book was not received by the employee personally, but was sent by mail, then the employee, of course, cannot sign all of the above documents, therefore, the employee of the accounting department or the personnel department responsible for maintaining personal files of employees must indicate the date of sending the letter instead of signing it employee and the date of its receipt by the addressee. A postal receipt or notification of receipt of a work book by an employee must be attached to the employee’s personal card.

In a situation where neither the employee himself, nor his authorized representative, nor the employee’s close relatives, in the event of his death, contacted the employer with a request to give them his work book, it must be filed with the employee’s personal card and archived. It must be kept in the archives for at least 50 years, unless, of course, you have applied for its release earlier.

The employee’s work book can be collected by his personal representatives. This is permitted by law. However, for this it is necessary that the employee issues a power of attorney for his personal representative. This power of attorney must be certified by a notary. The power of attorney must contain permission for the personal representative to receive the work book, as well as permission to take necessary actions when receiving the work book, for example, the ability to sign for the employee. The power of attorney will also be kept in the organization to confirm the legal issue of the work book to his personal representative.

Application for sending a work book by mail - sample

To the Director of Priboy LLC

Moscow, st. Svetlaya, 6, bldg. 7, off. 112

from Pavlov Ilya Semenovich

125503, Moscow, st. Rechnaya, 113, apt. 45

Tel. 8 (903) 1111234

for sending a work book by mail

In response to your Notice No. 25 dated September 05, 2021, I, Ilya Semenovich Pavlov, inform you that I agree to have my work book sent to me by mail.

Please send your work book by valuable letter to the following address:

125503, Moscow, st. Rechnaya, 113, apt. 45, Pavlova I.S.

09/14/2018 Pavlov

How to pick up a work book by mail?

When a valuable letter from the employer arrives at the post office at the address specified in the application, a corresponding notice will be sent to the former employee’s mailbox. On the back of it, the recipient's passport details are filled in, then this notice, along with the passport, must be presented at the post office. Post office employees will hand over a letter with a work book.

Is written consent of the employee required to send a work book by mail?

As we found out, the work book must be given to the employee along with the payment on the last day of his work. However, as already mentioned, situations are possible when an employee refuses to pick up a work book or is absent from the workplace for some reason. In this case, according to the law, the employer is obliged to send the employee a notice on the same day that he needs to come to the organization and receive his work book or give his consent in writing to receive it by mail. This is stated in paragraph 36 of Chapter 4 of the Decree of the Government of the Russian Federation No. 225 of April 16, 2003 “On work books” (as amended on March 25, 2013). What to include in such a notice is reflected in the following table. The notification is filled out on the organization’s letterhead indicating its name, details, etc.

When sending a notification by valuable letter, it is recommended to indicate directly in the inventory that the envelope contains “notification to the employee that he should come to work to receive a work book or written consent to receive it by mail.” The inventory will be evidence that such notice was sent to the employee.

To the employer: how to correctly send a work book by mail

Having received consent for forwarding, in order to be sure that the work has reached the recipient, it must be sent by a valuable letter (with a list of attachments), and necessarily with notification of receipt by the addressee.

Even if the document is lost by the postal service during shipment, the sender will have proof that he fulfilled his obligation to return the work book. This confirmation is served by an inventory that indicates the name of the document being sent - the work book of a specific person, and there is a postmark with the date of sending.

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The work book is the main standard document on the labor activity of citizens. It is started and filled out for all persons working in the organization for more than 5 days. The grounds for making entries in this personal document of a working citizen are issued orders of the employer (on hiring, denunciation of an employment agreement, etc.). In this article we will look at how a work book is sent by mail and what requirements personnel officers must comply with.

Step-by-step instructions for a dismissed employee on how to pick up a work book by mail

To receive a work book by mail, an employee must take a number of steps.

Work book standards

The current legislative framework for work books is represented by two legal acts.

production, maintenance, storage of labor

format of the labor movement accounting book and inserts for them;

receipt and expense book format

For the entire period of validity of the employment agreement until its denunciation, this personal document of the citizen is stored in the personnel department. On the final day of work (the date of denunciation of the employment contract), it must be given personally to the owner. Having received it in hand, the latter must sign the personal card and account book. This procedure does not apply when the dismissed person did not actually work, but his position was retained (Article 84.1 of the Labor Code of the Russian Federation).

The following reasons are not an obstacle to extradition:

• the bypass sheet is missing or not signed;
• payment has not been made to the employee.

For late delivery, the employer (if it is his fault) is obliged to compensate the dismissed employee for the period of delay. Responsibility for delays is removed from the employer when the final day of work and the date of denunciation of the contract according to the registration for dismissal do not coincide for the following reasons:

• gross violation by a working citizen of his duties once (Article 81 of the Labor Code of the Russian Federation);
• a court verdict, according to which the worker has been sentenced to punishment and therefore cannot continue to work (Article 83 of the Labor Code of the Russian Federation).

The same rule also applies when dismissing a pregnant woman whose employment contract was extended until the end of her pregnancy or maternity leave.

To organize personnel records in a company, beginner HR officers and accountants are perfectly suited to the author’s course by Olga Likina (accountant M.Video management) ⇓

Application for sending a work book

Attention

The HR specialist or entrepreneur must withstand a period of 3 months. If during this period of time the owner of the TC does not show up, the document must be issued

It goes like this. In the journal for registering the issuance of the Labor Code, as well as in the personal card, where the employee must sign for the issuance, you must make an entry stating that the person (indicating the surname and initials) did not appear to receive it. It must continue to be stored in a safe along with other books, but in a separate box for 2 years.

It needs to be resolved immediately, without sparing a certain investment of time and effort. Subsequently, the resources spent may be more tangible.

In what cases is a work book sent through the post office?

In practice, employers are often faced with situations where it is not possible to issue a work book to a dismissed citizen on the final working day. The standard reasons here are:

• a citizen’s refusal to pick it up, despite the fact that he is at work on the day of dismissal (usually when he disagrees with the reason for dismissal);
• absence of the dismissed person from work (for various reasons).

Then, according to the Labor Code of the Russian Federation, the employer has the right to initiate the transfer of the document through the post office. It is important to remember that action should be taken on the same day. The slightest delay can add not only a lot of unnecessary troubles to the employer. Illegal storage of the work book of a dismissed person, non-issuance, delay in issuing it due to the fault of the employer, etc. - all the consequences arising from this will be recognized as a gross violation of labor legislation.

There are cases when a dismissed citizen, not being able to pick up his document on the last working day, notifies the employer about this in advance. Then he is asked to write an application to send it through the post office and give it to the personnel department. The employer will be required to fulfill the stated request within three days.

In what case is a work book sent without consent?

Despite the procedure established by law for issuing a work book upon dismissal, situations arise in life when the employer is required to take his own initiative and send this document by mail to the home address of the resigned subordinate. This is necessary in the following cases.

1. The employee categorically does not want to receive payment on the last day of his stay at the enterprise, pick up his work book and copies of certificates, as well as the payments due.
2. The dismissal occurred at the initiative of the employer, and the offended subordinate decided to protest by refusing to participate in the procedure: he did not sign the payment forms (order, consent, etc.) and did not take away the document on work experience.
3. The employee did not show up for work on the day of dismissal, but the manager knows his place of residence. If the addressee ignored the need to sign the received notification form, the director has the right to send him payment documents.

Advice! It should be remembered that the work book is an official form, so the shipment must be carried out in a valuable letter, which includes a pre-compiled inventory of the contents of the envelope. This will avoid complaints from the departing employee.

Application from an employee to send a work book through the post office

This appeal is written (or printed) by the employee in advance of dismissal in free form or according to the model provided for by internal regulations. Therefore, it is better to draw up the text of the application by contacting personnel officers. The applicant must adhere to a number of general requirements.

information about the employer, employee

The completed application is left with the HR department employee. If agreed, the applicant's application is signed by the employer. Then the signed application is sent again to the head of the HR department for execution (for control). According to the law, the requested document is then sent to the applicant within three days.

An employee quits: how to issue a work book

Typically, the personnel department issues a work book to an employee on his last day of work. But the employee can receive this document not at the company and not on the day of dismissal (Article 84.1 of the Labor Code of the Russian Federation):

• if he is absent from the workplace on that day;
• if he refused to receive it.

An unreceived work book cannot be:

• hand over immediately to the archive along with the employee’s personal file;
• deliver to the employee by courier or other means, if the employee did not request it.

To receive “dismissal” documents by mail, additional steps will be required from the employee and from the personnel department. Find out which ones in the next section.

Instructions on how to send work through the post office?

The employer has the right to send the work book through the post office with written consent. Such permission must be obtained from the dismissed person in the absence of an application from him (with a request for forwarding). The form of expressing consent is close to a receipt. It must contain the citizen’s personal passport data and permission to send the document by mail. Then the employer’s signature and seal is placed on the receipt. The procedure for sending through the post office is provided for by the Labor Code and is the same for all employers.

a copy of the act is given to the employee against signature (if possible)

includes requirements for the dismissed person: to come for the document in person or agree (in writing) to send it through the post office

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It is advisable to fill out the delivery form

sent by a valuable letter with an attached inventory (2 copies) and a delivery form

sending by mail indicating the date of delivery;

details of the postal notification of the employee’s receipt of the document

Before forwarding, it is recommended to make a copy of the document you are sending in case it is lost. A work book that is returned or not sent after notification is left for storage in the organization until required. If the dismissed person did not give written permission to send it, and did not show up, the employer also has the right to leave the document for storage, then transfer it to the archive.

An application from an employee to send a work report by mail upon dismissal

If agreed, the applicant's application is signed by the employer. Then the signed application is sent again to the head of the HR department for execution (for control).

According to the law, the requested document is then sent to the applicant within three days. Instructions on how to send work through the post office? The employer has the right to send the work book through the post office with written consent.

Such permission must be obtained from the dismissed person in the absence of an application from him (with a request for forwarding). The form of expressing consent is close to a receipt. It must contain the citizen’s personal passport data and permission to send the document by mail.

Then the employer’s signature and seal is placed on the receipt. The procedure for sending through the post office is provided for by the Labor Code and is the same for all employers. Responsibility for delays is removed from the employer when the final day of work and the date of denunciation of the contract according to the registration for dismissal do not coincide for the following reasons:

• gross violation by a working citizen of his duties once (Article 81 of the Labor Code of the Russian Federation);
• a court verdict, according to which the worker has been sentenced to punishment and therefore cannot continue to work (Article 83 of the Labor Code of the Russian Federation).

The same rule also applies when dismissing a pregnant woman whose employment contract was extended until the end of her pregnancy or maternity leave. In what cases is a work book sent through the post office? In practice, employers are often faced with situations where it is not possible to issue a work book to a dismissed citizen on the final working day. However, it is often impossible for an employee to be present at the time of dismissal for objective reasons. In this case, the Labor Code also implies other formats for notifying management of the desire to terminate cooperation. In particular, a resignation letter submitted by mail

It is important to remember that such documents should only be sent if no other method is available

Is it possible to send an application by mail? The algorithm for communicating a decision to terminate an employment relationship to management is prescribed in Part 1 of Article 80 of the Labor Code. The conditions that must be met are:

• written expression of the employee’s will;
• The deadline for submitting an application is no later than two weeks before the date of dismissal.

At the same time, the structure and content of a written document are in no way regulated by the norms of the code and other by-laws.

That is, by sending a letter in this way, you can be sure that the employer will receive it, and the fact of receipt will be recorded by the postal employee on a special form. However, in practice, when using this method, the employer has a loophole in that the fact of receipt of the letter is confirmed, but its content (the presence of a statement there) can always be disputed.

To deprive the administration of the organization of this excuse, use the “attachment inventory” option. According to paragraph 20 of the above rules, in this case the application is placed in an envelope that is not sealed, and in this form is handed over to a postal employee, who will draw up an inventory. You can notify in writing of your desire to resign by telegram, in accordance with the order of the Ministry of Information and Communications of the Russian Federation “On approval of the Requirements...” dated September 11, 2007 No. 108. In accordance with paragraphs.

Common mistakes when sending labor through the post office

A typical mistake of many heads of organizations is to send a work book on the day of dismissal if the dismissed citizen was absent and for some reason did not pick it up. Here the manager grossly violates labor laws. Such actions are unacceptable.

The employer must first send the dismissed person a notice requiring him to pick up the document in person or give written permission to forward it. By sending such a notice, the employer relieves himself of responsibility for the delay in issuing the work book. And only after obtaining the consent of the dismissed citizen, the employer has the right to send it through the post office. Then his actions will be recognized as legal.

Another common mistake is when the employer, after receiving written consent to send it, sends the work report by mail a few days later. Many people believe that if the notice has been sent and there is permission to send the work by post, there is no need to rush. But the law obliges the employer to send the document within 3 working days.

Example 1. Sending a work book to a citizen by mail upon his request

Legal department employee V.D. Dobrovolsky was dismissed according to the order of the employer on 10/11/2016 by agreement of the parties. On the last day of work (10/11/2016) he must report to the personnel officers to pick up his work book. On the eve of his dismissal, V.D. Dobrovolsky fell ill. Anticipating that he would not be able to appear on October 11, 2016 (the day the contract was denounced), the dismissed person sent a letter to the employer with his signature, which included the following information:

• inability to come to work on the day of denunciation of the contract and pick up the work permit;
• reason for non-appearance;
• a request to send the work report by post;
• your forwarding address;
• date of dismissal and application.

The appeal was drawn up correctly and sent to the employer in a timely manner. The head of the organization decided to satisfy the request and, having signed the application, gave it to the personnel department for execution. On 10/11/2016, the work book was sent to V.D. Dobrovolsky in a valuable letter with an inventory of the contents. The shipment was made legally and in compliance with the deadlines.

Example 2. Shipping to a working citizen with his consent through the post office

N.I. Petrova was dismissed by agreement of the parties on October 15, 2016. The personnel department familiarized the dismissed employee with the order. On the last working day, the employee did not show up to collect her work book, although she was present at work. Personnel officers issued a refusal in the presence of witnesses.

The employer immediately initiated dispatch through the post office, thereby absolving himself of responsibility for the late issuance of the work permit. HR staff sent the dismissed employee a notice calling on her to personally pick up the document or agree to have it sent out.

Soon, the organization’s address from N.I. Petrova received written consent to send it. The HR department sent the work report to the former employee via a valuable letter within two days. The receipt of the document by N.I. Petrova is evidenced by a postal notice sent to the organization. All deadlines and rules for sending the document by mail were observed. The shipment is legal.

Common mistakes when sending a work book by mail

Error. The main mistake is that the employer sends the work record book by mail to the employee on the same day that the employee was fired. This is a violation of our laws.

How right. Article 84 of the Labor Code of the Russian Federation states that before sending a work book by mail, it is necessary to send a notice to the employee to come for the work book, or to consent to the employer sending it by mail. Starting from the day of sending such a notice, the employer is released from liability, because he can no longer be presented with a delayed work record. The employer has the right to send a work book by mail only after receiving the employee’s consent in writing. If there is no response from the employee, the employer must keep his work book and keep it for the specified time.

Answers to frequently asked questions

Question No. 1. How to calculate the period for which recovery is provided for in the event of a delay in issuing a document?

The period is counted from the moment the employment agreement is denounced until the day the notice is sent to the dismissed citizen about the need to personally pick up his work book or agree to have it sent through the post office (Article 84.1 of the Labor Code of the Russian Federation).

Question No. 2. In what cases can an organization keep the personal record book of a dismissed person and for how long?

There must be a legal basis for storing this personal document in the organization. If, for example, after sending a notice to the owner with a request to resolve the issue of delivery of a labor response, the book is kept in the organization until required. Along with it, other documents are saved: the employee’s personal refusal, a receipt indicating that a registered letter was sent, a notice that it was returned (if any). The storage period can be up to 75 years (for the employer up to 2 years, then transferred to the archive).

Question No. 3. What is the time frame for issuing a work permit when a citizen applies and has not received it after dismissal?

Russian labor legislation defines a period of three days (Article 84.1 of the Labor Code of the Russian Federation).

Question No. 4. If an employee is absent on the day of dismissal, the act of dismissal is not certified, how should the employer act?

You should act in the same way as if a dismissed citizen refuses to pick up his work book. The former employee is sent a notice requiring him to pick up the document or agree to have it sent through the post office. If there is no reaction, the document is left for storage.

Question No. 5. Can a person pick up his or her salary after dismissal through a personal representative?

This option is acceptable if the personal representative will act on the basis of a power of attorney certified by a notary. It must indicate the right of the representative to receive a work permit and perform the necessary actions for this (for example, sign, etc.).

Read more: Land Use and Development Commission Krasnodar

The law establishes the obligation to hand over the work book on the employee’s last day of work. In practice, implementing the requirements of the law is quite difficult. Sending a personnel reporting document to an employee by mail will allow you to avoid liability.

In what cases is it permissible to use this method? As a rule, draw up an application for sending a document, how consent to send it is formalized. You will learn about the peculiarities of formatting letters and interaction with Russian Post from this material.

If the employer sent the work book by mail and it did not arrive

If there is no inventory of the attachments in the letter, then how can the employer prove that it was the work record book that was included in the letter, and not a photograph of the general director in family shorts? ♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬Believe , believe the Dragonborn comes… Quote · Karamel Celestial Registration: 04/22/2005 Address: KUPCHINO Messages: 17,558 these are all lyrics. I’m wondering what the claims are. What does the author want from the employer? Quote · Alisija Mega-elite Registration: 06/09/2005 Address: metro station. "Ladozhskaya" Lenskaya str. 6 Messages: 4,450 Quote: Message from Karamel this is all lyrics. I'm wondering what the claims are. What does the author want from the employer? Requirements for the claim (briefly): 1. return the work book 2. pay for the time from the date of dismissal to the date of sending the notice 3. because An employer may apply rules that allow the transfer of a work book to its owner upon dismissal by mail. If an employee officially requests to send a work book, the employer is obliged to satisfy the stated request, regardless of the reasons. Otherwise, the employer’s actions may be regarded as an unlawful delay of the document. The article presents the reasons for sending, as well as the algorithm for the procedure for transmitting a document via mail. ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call by phone. The request can be expressed as:

• separately written wording in the resignation letter - after the text that expresses the request for dismissal, indicating the grounds and deadlines.
• A separate statement that is attached to the resignation letter or submitted separately after the dismissal procedure has been completed.
• Transmitted by telegram, with confirmation of the sender's signature by the telegraph operator.

The wording may be as follows: “Please send the work book by post to the specified address (address is indicated).” Next, the applicant’s signature is affixed, indicating the surname and date.

Applications for sending an employee’s work record book by mail

IMPORTANT: If a resigned employee plans to receive a document not by Russian Post, but by another type of postal item, special instructions are given about this

Is there a law according to which the employer must somehow record in his documents the address and full name to whom the work book was sent. Should the employer track receipt of the work permit and, if the former employee does not receive it, receive the work report back by mail? Who in this case is responsible for the loss of the work book, the employer who sent the work book by mail to an unknown location or the employee who did not receive any notification from the post office or letter? Quote · Karamel Celestial Registration: 04/22/2005 Address: KUPCHINO Messages: 17,558 after sending you a notification about the need to come and get a work book, the employer is not responsible for the failure to issue a work book. The employer is also not responsible for the work of the mail. This is also stated in the labor code , and in the rules for maintaining and storing work books. The employee is obliged, no later than three working days from the date of receipt of the work book from the body implementing compulsory social insurance (security), to return it to the employer. The last working day is considered the day of dismissal; mutual settlements are carried out with the resigning employee and documents are issued.

Is the consent of the dismissed employee required for forwarding? This document refers to types of documentation that provide for special storage and transfer standards. Therefore, here it is required to follow the established procedure, according to which forwarding is allowed only with the consent of the owner of the work.

Such consent must be obtained only in writing, with official wording, from which it is clear that the owner of the document requests it to be sent to the address specified by him.

In what cases is a work book sent through the post office?

Sending a work book by mail is possible only in cases provided for by law. These include:

• being an employee in a remote office located in a different region than the company’s headquarters;
• dismissal during a business trip or internship in a remote area;
• when an employee goes on vacation and submits an application for vacation followed by dismissal;
• in other cases in practice, when it is not possible for the employee to receive the document in person.

Sending a work report via mail: employer actions

The procedure for registering and returning work books is regulated by Decree No. 225 dated April 16, 2003 and Decree No. 69 dated October 10, 2003. General standards for maintaining forms and reflecting significant work events in them are prescribed by the Labor Code of Russia.

The regulations for issuing work books are given in Art. 84.1 Labor Code of the Russian Federation:

• the employer is obliged to issue a work book to its owner upon termination of the employment relationship;
• the return is made as the date of dismissal, subject to the employee’s attendance;
• if the employee’s personal presence is impossible, it is permissible for him to submit an application to send the work book by mail.

Therefore, let there be no doubt whether it is possible to send a work book by mail. The law allows this.

If the employer violates the deadline for returning the work book, the issue of applying liability measures to the organization is considered taking into account the presence or absence of fault of the company administration in the incident. If the form was not issued to its owner due to the employer’s negligence, then for each day of delay the dismissed employee is entitled to a salary payment.

Also see “How to create a work book for the first time.”

The employer has the right to send a work book by mail if it is not possible to transfer the document to the person by other means.

To use the method of delivery of labor by post, the company or individual entrepreneur must first send the former employee a written notice of the need to appear at the appointed time for documents. If a citizen cannot or does not want to appear in person on the employer’s premises, he is given the opportunity to apply for the return of his work book by mail.

The need to have an application to receive a work book by mail is that in order to use the method of mailing personnel forms, the employer must obtain the written consent of the dismissed employee to this procedure.

If the dismissed employee does not consent to the transfer, the work book remains in the custody of the employer.

If the return of documents is delayed due to the fault of the employee, the company must wait for a written request from the former employee to issue him a work book. After receiving the relevant application, the work permit is given to the owner within 3 working days.

We list how to correctly send a work book by mail:

How to send?

The procedure for sending a work book is characterized by several important points:

• Sending a document by mail at the initiative of the employer is not always appropriate. It is necessary only in cases where this measure is permitted by law. These rules and regulations of Articles 62 and 77 of the Labor Code of the Russian Federation do not affect the need to transfer the work book to the employee on the last day of fulfillment of his obligations.
• sending a document by Russian Post is possible only in cases where the employee has independently declared his desire to receive a work book by mail. He may notify the employer of this or give permission to receive the book in this way in response to a notification from the enterprise.
• even if an employee is dismissed due to administrative or disciplinary liability, prior written consent is required to send the work book by mail.

In what cases can I send by mail?

The need to transfer the book by postage may always arise when the retired citizen is in another locality. For example:

1. works in a remote branch, and the work record is stored at the founder’s head office.
2. He went on vacation and does not intend to return, and the vacation application states: “with subsequent dismissal.”
3. He is on a long business trip, internship, etc., from where he submitted his resignation.
4. In other cases, at the discretion of the resigning person.

At the same time, the employer or the person responsible for issuing work books does not have the right to take the initiative to send the document , despite the norms of Articles 62 and 77 of the Labor Code of the Russian Federation, which establish the rules for issuing a work book on the last working day.

The last working day is considered the day of dismissal; mutual settlements are carried out with the resigning employee and documents are issued.

Application from an employee to send a work book through the post office

If an employee cannot come to the employer’s personnel department to receive a work book due to a long departure or for other reasons, he can apply to have the document sent by mail.

Application form

There is no single application form. The application must contain the following details:

• Full name of the employee;
• name of the organization and/or person responsible in the personnel department for storage and issuance of work books;
• document title – notification;
• a message about the need to send the book by mail;
• Date of preparation;
• handwritten signature of the employee, when representing his interests - a notarized power of attorney indicating the authority to execute such papers.

How to write?

The employee draws up and signs an application for sending a work book by mail. With a notarized power of attorney, such actions can be carried out by a legal representative who protects the employee’s labor rights. The labor inspectorate has the right to provide assistance in drawing up the contract.

Consent to shipment

An application expressing consent to receive a work book by mail is drawn up in any form; there is no single unified type.

It is possible to indicate consent to send a work book by mail in the following ways:

• by entering the phrase “I agree to the work book being sent by mail to the employee’s address” when drawing up a resignation letter;
• a separate document, regardless of the fact of termination of the employment relationship;
• when sending a telegram certified by a telegraph employee.

Registration of permission to send a work book by mail is carried out in the following order:

• a notice is drawn up and signed by the employee;
• is handed over to an employee of the Russian Post for certification, an inventory is inserted into the envelope, the duplicate remains with the applicant with a post office mark of acceptance, a notification of receipt of the letter is required to be filled out, the mailing form is registered;
• the document is presented for forwarding and a fee is paid;
• upon receipt of the letter by the employer's representative, the notification is returned to the Russian Post office or to the employee's address with a receipt stamp.

Why do you need an application to send a work book by mail?

The current legislation regulating labor relations arising between the employer and his employees establishes that the work book must be handed over personally to the employee on the day of his dismissal. If it is absent or it is impossible to obtain the main document on work activity on their own, the dismissed person must write an application to send the work book by mail.

Reasons for sending a work book by mail

There are cases when an employee, and in cases provided for by law, his relatives or authorized representative, can obtain a basic document on labor activity without visiting the location of the employing organization. This happens in the following cases:

1. the dismissed employee is absent from the workplace on the day of dismissal;
2. the employee is not in the place where the employing organization is located and cannot pick up the work book in person;
3. the employee’s illness does not allow him to come and receive work on his own;
4. conflict between an employee of an organization and an employer;
5. the authorized person is not able to come to the organization;
6. The relatives of the deceased employee do not have the moral and material strength to obtain a labor document.

In this regard, a logical question arises: how to receive a work book by mail. The answer is simple - give your written consent to the employer performing this action and send it to the actual address of the employer.

Application form for sending a work book by mail

A statement indicating the consent of the dismissed employee to receive his work permit by mail must be drawn up in writing. However, the legislation does not prescribe its content. Therefore, it can be compiled arbitrarily.

The simplest version of the application is as follows: “I give my consent to the sending of the work book by mail,” date and signature of the dismissed employee.

However, it is advisable to include the following information:

• date of dismissal;
• the reason why it was not possible to obtain a work book on your own;
• request or consent to receive a labor document by mail;
• the address to which the work book should be sent;
• Date of preparation;
• signature of the dismissed employee and its transcript.

At the same time as this application, it is advisable to send the employer a written statement regarding the final payment indicating the bank details.

Step-by-step instructions for a dismissed employee on how to pick up a work book by mail

1. Receive a notification from the employer in which he asks to pick up the work book in person or offers to receive it by mail.
2. Compose a response letter and send it to the actual address of the employing organization.
3. Wait for a registered letter with declared value, which will contain your work book.

Sending a notice to an employee is the direct responsibility of the employer.

However, in order to speed up the receipt of a labor document, you can take the initiative and, without waiting for such a letter, send a corresponding application.

If the employer does not send such a letter for a long period of time, and the person responsible for issuing the labor document does not have a receipt for payment of postal services and an inventory of the value, the dismissed employee has the right to sue the employer for compensation for material damage for the delay in issuing the labor document. .

How to prepare labor documentation when sending a work book by mail

As a general rule, when receiving a work book independently directly at the location of the organization, the employee is required to sign the work book under the signature of an employee of the HR department and the employer’s seal. In addition, his signature must be on the personal card and in the book of registration of the movement of documents on labor activity.

And since the work book was sent to the employee by mail, the HR employee, instead of signing it, indicates the date of sending the letter with the declared value and the date of its receipt by the addressee.

In this case, receipts for payment of postal services and notification of delivery of the work book to the addressee must be attached to the employee’s personal card and kept by the employer.

The personnel employee should remember that if neither the employee himself, nor his authorized representative, nor the close relatives of the deceased applied to the employer with a request to issue them a work book, it is filed with the personal card of the dismissed person and stored in the archive until required, but no less 50 years.

Source: https://opersonale.ru/kadrovyj-uchet-i-deloproizvodstvo/trudovaya-knizhka/dlya-chego-nuzhno-zayavlenie-na-otpravlenie-trudovoj-knizhki-po-pochte.html

How to receive it by mail?

When sending a notification about the need to appear at the company office to receive a work book or obtain consent to send a document by mail, the receipt must be properly completed.

Upon notification, the employee must come to the post office and receive the letter. The work record book is removed from the letter by the employee independently. The notification is filled out, a signature is placed on receipt and it is sent to the address of the enterprise to confirm the collection of the letter with documentation.

If an employee does not come to the post office for a long time, the work book is kept until required. When the deadline expires, it is returned to the enterprise, where the employee must appear to receive it. Otherwise, he must send another application with a request to send the document to another address of his stay.

Sample application from an employee to send a work book by mail

To do this, go directly to the post office, conveniently located from your place of work. Take the form for sending a registered letter with notification of receipt and the form for listing the attachments, fill them out. The operator will issue a letter and give you a notification of its dispatch. After a certain time, you will be notified that the employee has received a registered letter. Register the inventory, receipt and received notification in the journal of incoming and outgoing correspondence and continue to store it in your personal file. In some cases, a request to send a TC can be made by telegram. The received telegram has legal force equal to the consent to forward it. Moreover, telegraphing to speed up the process is quite appropriate. In this case, you need to proceed in the same way as in other cases of transfer. Sample application for sending a work book by mail. As a rule, personnel officers issue a document by power of attorney, and next to the record of receipt of the book, the name and signature of the authorized person and the details of the power of attorney are placed. When you must give your work book when you quit, read here.

They are guided by the fact that the Rules for issuing TC do not directly indicate the prohibition of its transfer through an intermediary. However, the Rules recommend putting only a personal signature, which is not allowed for the actions of an intermediary.

To be on the safe side, it is recommended to withdraw the one-time power of attorney, and make a copy of other types of power of attorney, filing a replacement document in your personal file. Act of refusal In some conflict situations, in response to a demand to receive documents, the employee is rude to the employer, overwhelmed with emotions and negative experiences, refusing to pick up the document. Receiving a document by mail If the owner of the TC is in touch with you, interested in the movement of his document, you can dictate to him over the phone or send him by email the identification number of the postal item. Using this number he will be able to track the movement of the letter. Accordingly, he does not need to wait for a postal notification; he can come to the post office to receive the letter at the time of its arrival. This information is easy to obtain on the official website of the Russian Post, where all movements of postal items are reflected by their unique identification numbers. To do this, on the website you need to select and enter a track number or several numbers separated by a space in the field provided. In the window that opens, enter the shipment identifier, which can be used to determine the location of the registered letter.

Application to send a work book by mail download

The sequence of actions of the employer when sending What should you pay attention to? Drawing up a report when an employee refuses to pick up a document Prepared by a personnel officer; witnesses sign; a copy of the act is given to the employee against signature (if possible) Registration of the notification to the employee Drawed up on company letterhead; includes requirements for the dismissed person: to come for the document in person or agree (in writing) to send it through the post office Sending a notice with the organization’s requirements through the post office The document is sent by registered mail with a list of attachments; it is advisable to fill out a delivery form. Forwarding of the document is carried out after receiving the written permission of the dismissed person; sent by a valuable letter with an attached inventory (2 copies) and a delivery form. Filling out the accounting book (see → “Book of employment records”).

InfoDobrovolsky was sent the work book in a valuable letter with an inventory of the attachments. The shipment was made legally and in compliance with the deadlines. Example 2. Transfer to a working citizen with his consent through the post office of N.I. Petrov was dismissed by agreement of the parties on 10/15/2016. The personnel department familiarized the dismissed employee with the order. On the last working day, the employee did not show up to collect her work book, although she was present at work. Personnel officers issued a refusal in the presence of witnesses. The employer immediately initiated dispatch through the post office, thereby absolving himself of responsibility for the late issuance of the work permit. HR staff sent the dismissed employee a notice calling on her to personally pick up the document or agree to have it sent out. Soon, the organization’s address from N.I. Petrova received written consent to send it.

Steps for an employee to receive a work book by mail

Undoubtedly, the employee is interested in receiving his work book. He has two options - pick it up himself or give his consent to receive the book through the mail. The second option is used, for example, if an employee avoids personal contact with former management (most often found in small organizations where personal relationships take place) or if, in fact, the employee is already in another city/village. But other cases are also possible.

The main thing a person needs to do is to give their consent to receive the book by mail. This can be done in advance, for example, while still working or after dismissal. Such a document is submitted both in person and via mail.

The consent must indicate the following points:

• Full details of the employee, as well as details of his employment contract. His full name is indicated, in accordance with official documentation, registration address, as well as the date and number of his contract with the employer.
• Date of termination of the contract (when consent is submitted after).
• Expressed consent to receive the document by post.
• Address for sending a letter. This will not necessarily be the place of registration; referrals using other details are also allowed.
• Application date and signature. Without a signature, the paper will not be considered at all.

There is no strict form. The document is drawn up in any way, the main thing is that it clearly shows the consent of the specific employee.

If the employer does not have the application, the book will be kept by him until such consent is received or until the former employee picks up the book with his own hand.