How to certify an employment contract. Sample certified copy of an employment contract

Last modified: January 2021

When signing the employment agreement, a second copy is given to the employee. It happens that you need to submit a document confirming your work activity to a government agency or credit institution. It is problematic to provide the original every time. You will need to certify a copy of the employment contract, which is transferred upon request irrevocably along with a package of other papers. It is important to prepare the document properly. Therefore, it is worth understanding the contract certification procedure.

The procedure for certifying a copy of an employment contract

There are several ways to certify a copy of an existing employment contract, each of which is available to all interested parties:

• by contacting a notary to certify the documents presented to him . This option is paid, since you will need to pay a state fee in the amount established by current legislation to carry out such actions. However, this type of certified documents is accepted by almost all organizations and institutions that require the submission of certified copies of certain materials;
• through a visit to the personnel department of the employer with which such an employment contract was signed . This option is available in cases where the employer exists as a legal entity, or the employee has the opportunity to contact the personnel department of his employer.

Based on the statutory documents, the legal opportunity to certify copies of employment documents is given to the head of the organization, however, in reality this opportunity is not always used by the head.

The procedure in this case will look like this:

• if we are talking about an employee working in an organization, then he will need to write a statement to the personnel service stating that he needs a certified copy of his employment contract . The employee does not need to justify the reason why he needs to provide such a document, since this information is not mandatory for reporting;
• on the basis of a written application, within no more than three working days, personnel department employees must make the applicant a copy of the employment contract and all additional agreements signed thereto and certify them in the prescribed manner, that is, by affixing the stamp “Copy is correct,” as well as recording information about when exactly the assurance was carried out, as well as which employee carried it out;
• the employee receives a certified copy of the employment contract against signature , since in the future it may also be necessary to obtain information about when the request was made and when it was processed (for example, in controversial cases when applying to the Pension Fund of the Russian Federation).

Notarization of a copy of an employment contract is much simpler, but involves certain financial costs. The whole procedure is as follows:

• a person interested in certifying a copy of his employment contract contacts a notary with the original and a personally made copy of his document;
• pays the state fee to the notary's office;
• receives a certified document , which is drawn up in his presence, in his hands.

A similar procedure applies to the procedure for certification of a work record book, if a copy of it is required by a current or former employee of the organization. However, if we are talking about certification of a work book for a current employee, then all copied sheets must be certified by the current employer.

Example of labor certification

A copy of the document must be certified below the details: put the signature of the certifier with a transcript (authorized person) and the inscription: “The copy is correct.” Next, you need to enter the date of certification. If the employer certifies, then the company’s seal must be affixed; if it is a notary, then he must affix his own seal.

A sample certification of an employment contract can be found.

When certifying a work record, it is very important to do everything without errors or typos. Corrections are also unacceptable. Be sure not to forget about the validity period of the copy of the employment document, the signature of the authorized person and its transcript.

Who has the right to certify copies of personnel documents?

Before certifying a copy of an employment contract, it is important to understand who has the right to do so. When it comes to certification of copies of documents coming from an organization, representation takes place (Chapter 10 of the Civil Code of the Russian Federation). After all, a copy is needed for presentation to third parties, which means that not everyone can certify it.

A copy of the employment contract in the organization can be certified by:

• its leader, since it is he who is its representative by force of law, acting without a power of attorney on the basis of the charter. The law allows for the presence in an organization of several persons who have the right to act without a power of attorney (this must be stated in the company’s charter);
• a person acting as a temporary manager (only with a power of attorney);
• external or bankruptcy trustee (in case of bankruptcy of an enterprise);
• any person if he has a valid power of attorney, which provides the right to certify the compliance of copies of documents with the originals (most often, such powers are vested in the head of the personnel department and the chief accountant).

If the employer is an individual entrepreneur, he or his authorized person (by proxy) can certify a copy of the contract.

It is possible to have a copy of the contract certified by a notary (for a fee), but this possibility exists only for documents whose authenticity cannot be doubted. All their pages must be signed or stitched and sealed with a signature at the place of the firmware.

If this requirement is not met, the notary will refuse to certify the copy on the basis of paragraph. 1 tbsp.

45 Fundamentals of legislation on notaries.

How to stitch documents correctly

Such methods, for example, may include the use of sequential numbering of sheets indicating their total number and identifying details of the document, signing each sheet by the author with the numbering of the sheets, affixing seals or stamps at the intersection of sheets of the document, affixing a continuous relief (pressure) seal through all sheets of the document etc. (clause 1.3. Methodological recommendations for certifying the accuracy of copies of documents and extracts from them). — there is a risk of substitution of sheets in the contract, and if a dispute arises in court, such discrepancies in contracts are not always interpreted in favor of the employer. The employer will still need to prove that the forgery was committed by the employee and not him.

We wrote more about document firmware in the material at the link. Forgery of a stitched contract is less likely, and the fact of forgery itself may become more obvious, because

• When and how to conduct a personnel audit Maintaining personnel document flow in strict accordance with the letter of the law is necessary, since these documents are used not only by the personnel service, but also by the accounting department to calculate wages. They can be checked by the labor inspectorate and tax authorities; employees may need extracts and certificates.
• Personnel audit. What documents does your company need to have? An audit of personnel records management is one of the most important components of the procedure for assessing the effectiveness of the entire personnel management system and the human resources potential of an organization or an independent procedure as part of measures to reduce the fiscal and reputational risks of the company, including when resolving labor disputes in court.

How to certify an employment contract - a duplicate: step-by-step instructions

To certify a duplicate agreement, you need to perform the following steps:

1. Check the original for all pages.
2. Make copies of all pages using single-sided printing.
3. Check copies for readability.
4. Place all the pages together in order and begin certifying. Here you have one of the options to choose from:

• do not staple the document and put on each page the inscription “Copy is correct”, a signature indicating the position and full name, details of the power of attorney (if the certifying person acts on its basis), the current date, seal (if the company has one);
• stitch the documents and make a certification inscription only on the back of the last page. In addition to the information specified above, in this case it will be necessary to write “Stitched and numbered on (indicates the number of sheets in the document) sheets.”

1. Two holes are made along the left edge of the document.
2. The document is stitched with strong threads, which are fastened on the back of the last page.
3. The ends of the threads are pulled out and sealed with a small rectangular sheet of paper so that they are not completely hidden.
4. An identification inscription is made on the glued paper sheet.

If the copy was certified by power of attorney, you need to make a copy of it, certified in the same way. Who can assure her? If the power of attorney does not limit the range of documents that the representative has the right to certify, then he can certify a copy of his power of attorney himself.

If the authority is limited (for example, by certification of only personnel documents), certification by the head of the enterprise will be required.

Sample employment contract with an employee 2021

drawn up and signed by the Employee personally or his legal representative Consent to the collection and processing of personal data; The Employer is obliged to familiarize the Employee with the Internal Labor Regulations, other acts of the Employer related to the work (labor function) of the Employee, and the Collective Agreement (if any); limited legal capacity adult citizens of the Republic of Kazakhstan - an identity card or passport, as well as documents proving the identity and powers of the legal representative; capable adult citizens of a member state of the Eurasian Economic Union (except for citizens of the Republic of Kazakhstan) - a foreign passport and a document containing an individual identification number (registration certificate of registration of a non-resident as a taxpayer, issued by an authorized state revenue body (tax authority)), after 30 days from the date of entry into the territory of the Republic of Kazakhstan - a document confirming the legality of the entry and stay of the specified citizen on the territory of the Republic of Kazakhstan (migration card); limited legal capacity adult citizens of a member state of the Eurasian Economic Union (except for citizens of the Republic of Kazakhstan) - a foreign passport and a document containing an individual identification number (registration certificate of registration of a non-resident as a taxpayer, issued by the authorized state revenue body (tax authority)), upon expiration 30 days from the date of entry into the territory of the Republic of Kazakhstan - a document confirming the legality of the entry and stay of the specified citizen on the territory of the Republic of Kazakhstan (migration card), as well as documents identifying the identity and powers of the legal representative; a document on education, qualifications, availability of special knowledge or professional training when concluding an employment contract for a job requiring relevant knowledge, skills and abilities.

Don’t forget to also prepare the employee’s job description, which will allow you to most fully define the range of job duties and responsibilities of the employee. You can also look directly at the sample chef job descriptions. economist. legal adviser. cashier and other employees. To register an employee, first of all, do I need to register as an “employer” with the Pension Fund of the Russian Federation, or can I register an employee under an employment contract? Dilya, first you hire an employee, then no later than 30 days from the date of conclusion of the employment contract you must register with the Pension Fund of the Russian Federation as an employer.

How to apply for a copy of an employment contract?

Most often, the procedure for issuing a certified copy of an employment agreement is very simple: an employee orally makes a corresponding request to an employee of the HR department, who immediately takes out the employment contract, makes copies and certifies them. As a rule, everything takes no more than 10 minutes, and the absence of a written statement from the employee is not a violation.

In the event of a conflict with the employer, it is advisable for the employee to act according to the rules of Art. 62 of the Labor Code of the Russian Federation and must submit the application in writing. It must reflect the following information:

• Full name and position of the head of the organization;
• name of company;
• position and full name of the applicant;
• reference to the norm of Art. 62 of the Labor Code of the Russian Federation, according to which the requested documents must be issued within three working days;
• request for a certified copy of the employment agreement.

The document ends with the date of preparation and signature of the employee. Next, the application should be copied and only then transferred to the personnel service. When submitting, you need to ask the personnel officers to put the date of its receipt on the copy of the application.

So, both the employee and the employer may need a certified copy of the employment contract. At the same time, certification of documents emanating from the enterprise is a representation, therefore, only a representative of the organization by force of law (manager or entrepreneur) or an authorized person with the appropriate powers can certify a copy of the employment agreement.

Even an employee whose job responsibilities include certification of copies does not have the right to do this without an appropriate power of attorney.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

When signing the employment agreement, a second copy is given to the employee. It happens that you need to submit a document confirming your work activity to a government agency or credit institution.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

It is problematic to provide the original every time. You will need to certify a copy of the employment contract, which is transferred upon request irrevocably along with a package of other papers.

It is important to prepare the document properly. Therefore, it is worth understanding the contract certification procedure.

Sample of how to certify a copy of a work book from July 1, 2021

Now let's return to the updated GOST. According to its rules, the personnel officer must not only write the word “True” and support it with his full name, position and signature. You should also provide a link to the location of the original.

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• Go on maternity leave from the labor exchange
• Notice of extension of a fixed-term employment contract: sample 2021
• Notice of termination of a fixed-term employment contract: sample 2021

That is, a sample certification of a copy of a work book 2021 should contain the following phrase (this is an example with the name of the organization):

Finally, it is necessary to put the current date and company seal. All other requirements known to the personnel officer are still in effect.

Who certifies the document?

Officials authorized to certify a copy of the employment contract are appointed by local acts of the company.

In practice, document preparation is entrusted to:

• to the head of the company on the basis of the charter;
• an official temporarily replacing the head of the company on the basis of a power of attorney;
• employees of the HR department, accounting department in accordance with orders;
• to the arbitration manager on the basis of a bankruptcy court decision.

You should know! It is allowed to have a copy certified by a notary. You will need to present a genuine document. Each page of the original must be signed by both parties to the contract. You can flash the agreement and sign it at the place where it was flashed. If this is not done, the notary will doubt the authenticity of the contract and refuse certification.

What documents is the employer required to provide to the employee?

– copies of orders on hiring, transfers to another job, and dismissal;

– extracts from the work book;

– certificates of wages, accrued and actually paid contributions to compulsory pension insurance, period of work with a given employer, etc.;

– a work book for the purpose of compulsory social insurance (security) of the employee (he is obliged to return it to the employer within three working days from the date of receipt of the work book from the body that carries out compulsory social insurance (security).

The obligation to issue documents to the employee is also established by other norms of the Labor Code. In particular, in accordance with Art. 68, at the request of the employee, the employer is obliged to provide him with a duly certified copy of the order (instruction) on hiring. Article 84.1 talks about documents issued upon dismissal. In particular, at the employee’s request, a duly certified copy of the order (instruction) to terminate the employment contract must be issued, and, based on a written application, certified copies of work-related documents must be issued. And of course, on the day of dismissal, a work book is issued.

In addition, in Art. 89 of the Labor Code of the Russian Federation determines that in order to ensure the protection of personal data stored by the employer, employees have the right, among other things, to receive copies of any record containing their personal data, except for the cases provided for in Part 8 of Art. 14 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” .

Is the employer obliged to provide copies of local regulations (internal labor regulations, wage regulations, etc.) related to the employee’s work activity, upon his application?

It is impossible to give a definite answer to this question. Let's explain why. The courts, when considering disputes about the issuance of documents, say that the list of documents in Part 1 of Art. 62 of the Labor Code of the Russian Federation is not exhaustive; in addition to those named in this norm, the employer is obliged to issue other documents. At the same time, in recent judicial practice, workers have been denied requests for the issuance of wage regulations and annexes to the collective agreement. The courts justify their decisions by the fact that in relation to local regulations, labor legislation provides for the employer’s obligation to familiarize themselves with them under signature, but not to provide these documents to the employee (see, for example, the appeal rulings of the Supreme Court of the Komi Republic dated August 24, 2015 in case No. 33 ‑4430/2015 , Khabarovsk Regional Court dated 02/11/2015 in case No. 33‑888/2015 ).

Note that the requirements for the employer to issue documents to the employee are contained in several federal laws and acts. Let's present some of them in the table.

Marking (step 3)

“True” is written on the sticker or stamped.

Then enter the following information:

• name of the position of the responsible employee;
• witness's signature;
• decryption of the signature (initials, surname);
• date of registration.

The mark is certified by the company's seal. If a copy is made for transfer to another company, additionally indicate the storage location of the original (company name, case number).

Please note! In practice, it happens that the document is not stapled and is stapled. In this case, each sheet should be certified separately. A mark is placed at the bottom of each page. You can do it using a printer, providing all the necessary information. Then the responsible employee signs the inscription and certifies it with a seal.

Samples of a certified copy of an employment contract:

Sample No. 1 - according to the new standard. Sample No. 2

The employer will certify a copy of the work record after dismissal

There are precedents when citizens apply for their last place of work. The Labor Code does not have a clear answer to this situation. Since the issuance of a certified copy of the work book is not designated as an offense, the labor organization can go to a meeting and issue it.

62 of the Labor Code of the Russian Federation, the employer has the obligation to issue to the employee, upon his written application, no later than three working days, copies of documents related to work (copies of an order for employment, orders for transfers to another job, an order for dismissal from work; extracts from work book;

What mistakes can be made when certifying a copy?

When certifying a copy, you should be careful to avoid mistakes.

The document should not contain:

• additions made in pencil or pen;
• blurry text;
• unclear signatures and stamp;
• seals of the wrong type.

Advice! In practice, there is an option when a document is stapled, the place of fastening is sealed with a sheet of paper, and a mark is made. This type of assurance is unacceptable. The sheets are easy to unfasten and replace with others.

Why is a copy of the TC required?

Sometimes employees ask HR specialists to give them a work book to present it at the place of request. For example, a sample certification of a copy of a work record book 2021 may be required to be submitted to an organization dealing with social security issues or to a bank to obtain a loan.

A frequent condition for processing any paperwork is confirmation of regular income. But since the original is issued only in exceptional cases, a sample copy of the work book, certified by the employer 2021, is more often used for this purpose.

It is necessary to certify and hand over a copy to the employee within three working days from the receipt of his request (Article 62 of the Labor Code of the Russian Federation). In order to correctly draw up the document, it is necessary to take into account the new rules for certifying a copy of the work book from 07/01/2018, which we will discuss later.

Application for the issuance of documents by the employer

According to paragraph 62 of the Labor Code, an employee has the right to submit an application to request documents related to his work activities. At the same time, the article states that the employee is not obliged to provide reasons or purposes for receiving the documentation specified in the application.

The company must issue a list of documents no later than 3 working days after receiving the application. When requesting TD from an organization, a prerequisite is not only proper execution, but also compliance with all rules for certifying a copy of the employment contract.

Validity period of the certified copy

The validity period of the copy of the agreement depends on the organization to which it is provided. For example, when preparing a package of papers for a pension fund to register a pension, attach a copy with a mark made no later than 30 days . If the document is submitted to a financial institution, the document is valid for two weeks .

The deadlines are set due to the fact that changes can be made to the employment contract by concluding additional agreements. This will oblige the parties to the contract to make a copy of it again and make a certification.

In each specific case, it is necessary to clarify for what period the copy of the contract is valid.

Where can I certify a document?

If a person works, to receive it he needs to apply to the personnel department of the enterprise where he works. An organization’s accountant can also issue a photocopy if he is entrusted with the function of maintaining personnel document flow, and there is no human resources department. Within three days after receiving the application, the papers must be handed over to the employee. They have no right to refuse him this.

If a citizen is unemployed, a notary can issue a copy of the Labor Code for him. To do this, you need to contact a notary office, presenting your passport and work record book to the notary. The notary copies the necessary pages, and then puts stamps and his signatures on them. They also make a corresponding entry on each page.

Errors when preparing a document

The following error is often encountered: the organization's seal captures the text or signature of the personnel officer (and it becomes difficult to read what is written in the copy) or is not in the place where it should be (fields marked by MP). The seal impression must be located according to the rules.

It should be especially noted that errors in copies are inappropriate. Also, corrections when writing wording are not allowed. A document executed incorrectly will simply not be accepted from an employee, as it will be considered invalid. If a mistake was made, you need to copy the necessary pages again and certify them properly.

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