The work book is an important document. Its pages contain data on the employee’s work activity, promotions, awards, length of stay in a certain position and other information that is taken into account when hiring a citizen for a new position, when calculating the amount of pension, compensation payments.
Therefore, the law provides for strict conditions for the maintenance and transmission of this document by the employer and owner. Read below about what exactly needs to be done with labor after an employee’s dismissal.
Deadlines for issuing work permits and employer responsibilities
While a person is working at an enterprise, the employee’s work book is kept in the personnel department, whose employees ensure the safety of this document and, if necessary, make changes to its content.
If an employee resigns from his position, a record of this fact is made in the employment record with the obligatory indication of the date and reason for leaving work (at his own request, due to professional incompetence, and so on).
The employer must also pay the subordinate. When an employee is dismissed, the enterprise's HR department must return his work book to the owner on the same day . This is required by Part 4 of Art. 84.1 Labor Code of the Russian Federation.
If for any reason the former employee does not pick up the document on the same day, you will need to document this fact by sending him a notification. Otherwise, the employee who has not received the work book can go to court with a claim for non-issuance of the work book. If after sending the notice the owner of the work document does not respond, the document is stored at the enterprise.
Expert opinion
Irina Vasilyeva
Civil law expert
If an employee applies with a request to issue him a work permit after the expiration of the issuance period, personnel officers are required to give him the document within three working days after his visit.
Compensation for damages to the dismissed person
In addition to penalties, money that goes to the state, the employer also bears financial liability to its former employee. If the employee did not pick up the work book on the day of his dismissal due to the fault of the employer, or false information was entered, he will not be able to officially get a job in a new place. Therefore, a resigned employee has the right to protect his interests through the court and demand compensation for damage caused. In this case, the amount of compensation will be calculated based on the average earnings for each day for which the document was delayed.
There are also unscrupulous citizens who deliberately push their former enterprise to violate labor laws, hoping to gain additional profit. Even in the case when a former employee does not need a work book for some reason, the enterprise administration should take all measures to hand over this document to him. The law most often protects the interests of workers. And the employer’s task will be to prove his innocence, so as not to incur additional costs associated with dismissal.
What to do if an employee does not show up on the day of dismissal?
Employers often have the question of what to do if an employee quits but does not pick up his work permit?
If, due to the absence of the employee at the place of work on the day of dismissal or for some other reason, it was not possible to hand over the employee’s work permit, in accordance with Part 6 of Art. 84.1 of the Labor Code of the Russian Federation, the employer is obliged to send a notice to the former employee of the need to pick up the document or to provide permission on his part to send the work report by mail.
The notification is sent to all addresses (residence and registration) that are listed in the personnel department. If, after taking measures, the owner of the book still does not show up, the document is stored in the personnel department until it is issued to the employee. The shelf life of labor is 75 years.
Important nuances
It often happens that the employer does not have confidence in the employee initially.
You can try to offer the worker the following option - formalized employment three months after the end of the probationary period. To do this, you can use a fixed-term employment contract. If a conflict is brewing with a certain employee, you should not waste money on contacting a highly qualified lawyer and HR specialist. They can tell you how to quickly and legally fire a worker .
Of course, you shouldn’t be too upset if an employee doesn’t show up on the day of dismissal to get a work book, because you can prevent this problem from occurring in advance. You need to carefully select employees so that there are fewer difficulties.
Drawing up an act of refusal
If the employee does not pick up the work book after dismissal on the day of leaving his position, it is necessary to draw up an act of refusal to receive the document within the specified period.
This is necessary to exclude legal proceedings that a former subordinate may initiate for various reasons (even because of a personal grudge against the employer!).
The act is drawn up strictly in accordance with generally established requirements. In the process of drawing up the paper, its contents indicate the position and full name:
- the person who drew up the act;
- witnesses who were present when the document was drawn up;
- an employee who has not received a work book.
In addition, the act also indicates the date and time of drawing up the document. Complete examples of acts of refusal to obtain an employee’s work book can be found on the Internet.
If necessary, you can consult a lawyer.
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Issuance of a work book after dismissal
After the notification has been sent, HR specialists must organize their work based on the actions of the former employee:
- If he responds to the notice and comes to receive a work book, it must be issued against signature in the same manner as for a regular dismissal.
- If the employee agrees to sending the work book by mail, it can be sent after receiving consent in writing. The type of postal item must ensure the safety of the document and delivery to the specified address. Therefore, it is better to choose a registered letter with a list of attachments and a return notification.
- If the employee does not come and asks to transfer the work book to a third party, the employer can do this. But he is obliged to require a notarized power of attorney to receive the document.
- In the event of the death of an employee, the administration may issue a work book to a relative or other person, or send it to him by mail. This person will have to write an application addressed to the head of the enterprise and receive the document against signature.
- If the employee did not come for the work and no one received it for him, the employer must ensure its storage for 75 years.
Important! To send a work book by mail, you must obtain the written consent of the employee. It is prohibited to send a document without it!
Completing and sending a notice to a dismissed employee
The obligation to send a notice to the dismissed person about the need to obtain a work permit is assigned by law to representatives of the personnel department. Such actions relieve HR officers of responsibility for late return of the document.
Since the dismissed employee has exactly 1 working day to receive his work, the notice should be sent on the morning following the last working day on which the dismissal took place.
In some cases, HR department employees unwittingly break the law by committing prohibited actions; it is strictly forbidden to:
- send a notice to the dismissed person by mail along with the work book (to carry out such actions, the official permission of the owner of the document is required);
- notify the former employee of the need to obtain the book orally (if he goes to court, it will be impossible to prove that the employer tried to notify the employee of the need to come to the enterprise to obtain the document);
- refuse to send a notice to the address of the employee who did not show up (in such a case, a fine may be imposed on the employer).
The notification is drawn up in free form, since there is no strict template for its preparation by law. However, the notification must include the following information: the date the paper was drawn up, the text of the request to appear with documents at the HR department, as well as the details of the parties.
Notifications are sent to all addresses (residence and registration), data about which is available in the HR department.
Changing an entry in the event of a delay in issuing
If the employer is to blame for the untimely issuance of the work book, the day of dismissal becomes the date on which the document was issued. An additional order is issued indicating a new date for termination of the contract with the employer. Based on the order, changes are made to the completed work book. To do this, make a record with the next number declaring the previous one invalid. In the same line, under the same number, the correct entry should be made.
The act of loss of a book (journal) recording the movement of labor records
The main requirement is that the thread be fixed “tightly”, and it was impossible to pull it out without breaking the seal.
- At the place where the ends of the threads are attached, directly on the seal-sticker, it is necessary to make a note about the number of sheets in the book, the name of the person in charge and the signature.
- We certify the seal with the seal of the organization.
The procedure for making corrections to the labor accounting book The accounting book is filled out manually; naturally, mistakes are sometimes made.
Reasons for late receipt of the document in hand
The reasons that an employee did not pick up his work book in a timely manner may be different. Here are the most common:
- the employee’s disagreement with the fact of his dismissal;
- bad relations between the employer and his former employee;
- an error in the registration of the dismissal record;
- absence of the employee on the day of receipt of the work book;
- dismissal in absentia;
- death of the owner.
In any case, failure to show up at work on time to pick up a work book leads to the drawing up of a document such as an act of refusal to receive a work book.
Issue due to organizational changes
The company may undergo reorganization at any time. To issue a work book, it is necessary to send a notification according to which the owner of this document must appear for it. It is worth noting that the labor legislation of the Russian Federation does not provide for a specific form of notification and the procedure for sending it. To ensure that the employer does not have problems with the law, he must take care of this notification himself. It is advisable that it be in written form.
If the reorganizations at the enterprise are insignificant, for example, they concern changing its name, then the agreement concluded between the employee and the owner of the enterprise does not require changes. In this case, no notification will be sent.
In some cases, a separately operating branch of a company that is not a legal entity may cease to operate. In this case, staff reduction occurs in accordance with current legislation. Notification of this must be sent two months before the closure of the branch only in writing. If, after the closure of the branch, any employee does not come to the enterprise to collect his documents, an act of refusal to pick up the work book is drawn up.
Book of movement of labor books
Important
An example of filling out a work record book. On the cover:
- full name of the organization;
- start and end date of maintenance.
This information is enough. All entries inside the accounting book are made only in two cases: when hiring and dismissing employees. When applying for a job, fill out a step-by-step example of filling out the work record book: Step 1.
In the first column we enter the serial number. Step 2. In the second, third and fourth columns we write down the day, month and year of making the entry. Step 3. In the fifth we write down the last name, first name and patronymic of the owner of the work book. In this case, there is no need to shorten anything and get creative, if the developer of the journal form had in mind the surname and initials, so it would have been written that way. Otherwise, there is a risk of receiving a remark on journal keeping from regulatory organizations. Step 4.
If the employer does not give the work book, what to do?
The most common cases are when an employer avoids issuing a work permit or outright refuses to issue it:
- Doesn't want to let the employee go because he needs him for the production process.
- Demonstrates his power among members of the work collective, realizing the extent of the violation committed.
- He is incompetent in matters of labor law and poorly aware of his responsibilities.
- The employee's work record is lost or damaged, and the authorized person is trying to avoid liability.
Knowing the motives for delaying labor , you will be able to most adequately navigate the ongoing process. If they are not clear to you, you need to cover them with a single algorithm of actions.
They don’t hand over your work book after dismissal - where to go?
Act with confidence, the protection of employee rights in labor disputes can be considered in various instances, where to go if they do not hand over the work book upon dismissal:
- The Labor Dispute Commission (LCC) at the enterprise from which you are leaving.
- Labor inspectorate of your region.
- District court at the location of the organization.
- The prosecutor's office.
Application deadlines
Keep in mind that the resolution of the issue has a statute of limitations of 1 month for all issues related to labor relations. By a court decision, it can be extended up to 3 months , provided that you actively make attempts to return the Labor Code from the employer.
The framework of the established period is motivated by the fact that for the forced time of your absence, while you could not receive your book from the employer, you are entitled to compensation in the amount of the average salary paid to you in your last position. Accordingly, the terms of the provided payment are limited.
This period is counted from the last day of work at the enterprise, in accordance with the dismissal order. But if the order is not issued, and your application is lost for unknown reasons, you will have to act from the very beginning, submitting the application according to all the rules.
Write an application in two copies , submit it to the manager, explaining that he must sign the first application as a responsible person, and the second copy is a copy. A copy is needed as a safety net to avoid the precedent of losing the submitted application.
After signing both copies, leave one of them for production, checking that it is correctly recorded in the incoming correspondence journal. Keep the second copy for safekeeping.
After this, after 15 days you have the right to demand the issuance of a work permit. In this case or in other situations when the employer has already issued a dismissal order, the book is issued without delay. If it is not issued within three days after dismissal, you have the right to contact the CTS, if it is available in your department or enterprise.
In other cases or at your discretion, you can contact the labor inspectorate . Based on a resolution issued by these organizations that protect the interests of workers, you can receive a delayed book.
If consideration of the issue is denied to you or the decision is not in your favor, after the refusal or negative decision received, you can submit documents to the district court at the location of the defendant’s organization (Article 35 of the Arbitration Procedure Code of the Russian Federation). Without a preliminary consideration of the issue by the CTS or the labor inspectorate, the court will not accept documents for proceedings.
Act on non-receipt of a work book on the day of dismissal - sample.
Let's talk about responsibility
However, please note the reason for your request being denied. In some cases, the employer is relieved of responsibility for late issuance of technical documentation. These may include situations:
- If the date of dismissal does not coincide with the last day of work of the dismissed person on the basis of clause 6, part 1, article 81 or clause 4. Part 1 of Article 83 of the Labor Code of the Russian Federation (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).
- Upon dismissal of a woman whose contract was extended due to pregnancy (Part 2 of Article 261).
- After the employer has taken appropriate measures to transfer the labor to the owner.
In these cases, the employee can make a request for the issuance or forwarding of a document; there should be no obstacles to receiving it.
Sometimes the failure to issue a book is associated with serious problems that comprehensively affect several aspects of labor legislation. For this reason, many employees immediately contact the prosecutor's office.
You must contact the district prosecutor's office of the area where the organization against which the complaint is being filed is located. The employee writes a statement to the prosecutor.
To apply, you need one small nuance - the employer really acted unlawfully towards you, and you filed everything properly.
In this case, the appeal will be as effective as possible, and the presumptuous manager will be held accountable for all violations immediately that the prosecutor’s audit reveals. Based on the results of the prosecutor's inspection, you will be given a document and paid for forced absences.
A statement to the prosecutor , unlike a claim, is written in free form, without references to articles and other grounds. Here you just need to state the circumstances of the case in a laconic form, indicating:
- dates of dismissal;
- name of the organization;
- your personal data;
- personal data of the responsible person.
Application to the prosecutor's office for non-issuance of a work book - sample:
The standard in this application should be only the “header”, which is drawn up in the upper right corner of the A-4 sheet. It must indicate in strict sequence:
- To the prosecutor (indicate the name) of the district, city (name).
- Last name, first name, patronymic of the prosecutor.
- From whom, indicating the applicant’s last name, first name, patronymic, and home address.
- Applicant's contact phone number.
After the name of the document, the text itself is drawn up, with a request to conduct a prosecutorial audit in order to protect your rights. Please indicate that the work book was not issued to you illegally. Expect the results to be presented to you in writing.
Responsibility for the storage and production of labor documentation rests with the employer on the basis of Article 45 of the Rules (No. 225), which stipulate the need to organize production conditions where the degree of protection of these documents will be extremely high.
In addition, responsibility may be imposed on a specially authorized person on the basis of job descriptions or orders from the manager.
The responsibility in this case will be considerable. In accordance with Art. 5.27 of the Arbitration Procedure Code of the Russian Federation, he can be held accountable in the form of an administrative fine from 30,000 rubles to 50,000 rubles. An authorized person may be fined from 1,000 to 5,000 rubles.
If, due to his negligence or abuse, the labor of an employee or several persons was lost, which entailed unpleasant consequences for them, liability may rise to the level of criminal:
- Based on Article 140 of the Criminal Code of the Russian Federation - failure to provide information.
- Based on Article 293 of the Criminal Code of the Russian Federation - negligence.
- Art. 324, 325 or 292 of the Criminal Code of the Russian Federation are charged in the case of an intentional mercenary order of an employee.
In addition, through a civil lawsuit in court, an employee injured due to a work book not being issued on time has the right to recover compensation for moral damages from the employer.
Collection occurs by filing a statement of claim in the district court at the location of the employer. There are more than enough legal grounds for this - this is Article 151 of the Civil Code of the Russian Federation. Also articles of the Labor Code of the Russian Federation: 3, 21, 22, 237, 294.
Typically, moral damages are recovered along with material damages, which in this case will be payment for forced absence. You can recover moral damages for the suffering caused to you associated with the infringement of your rights, for discrimination, humiliation that you were subjected to by an employer who did not want to issue a work permit.
It is very appropriate to recover moral damages for offensive, derogatory behavior towards you in the presence of third parties.
If there are facts of a difficult life situation in which it was very difficult and morally uncomfortable , indicate this in the application. For example:
- Your nervous system is upset and you consult a doctor (provide a certificate).
- You became depressed and needed the help of a psychologist or psychotherapist.
- You suffered from powerlessness and resentment that you were treated unfairly.
All your claims expressed in the claim must be confirmed with certificates or testimony and you must ask the court to recover a specific amount of money, determined by you, for moral damage.
Violation of contract terms
In the event of a violation of the stability of the contract between the employer and an employee of this organization, the director is obliged to notify his employee about this in advance. In this case, the notification of issue must be sent two months before the changes envisaged at the enterprise.
The notification must contain information according to which the contractual terms required changes. The new exact wording of these conditions must also be indicated. The employee has the right to agree to the terms proposed by the director or to refuse them. If the employee accepts the new conditions, an additional agreement is attached to the contract, which is concluded between the employee and his employer. If he refuses, the contract is terminated, and the employee is notified of the need to pick up the work book.
It is also recommended that all relevant documents belonging to the employee be handed over on the day of his dismissal. Experts advise not to delay issuing a work book, since such a delay can lead to such undesirable consequences for the company as payment of money for the entire period of delay in issuing documents. This is another reason for drawing up an act of refusal to obtain a work book.
