How to issue a receipt for receiving a work book in hand?

As evidenced by the RF PP No. 225 dated 04/16/2003 (as amended on 03/25/2013), a work book is the main document that contains personal information about the work activity and length of service of a particular employee. This government decree establishes:

1. A standard form for a Russian-style work book and an insert for it.
2. Rules for registration, preservation of labor, production of forms and supply of them to employers.

As you know, a work book is created for each person who is applying for a job for the first time. After this, all responsibility for making entries in it and preserving it rests with the authorized employee of the personnel department.

The labor document is a strict reporting form, so it is stored separately, in a specially designated place. Usually this is a metal cabinet or a safe installed in the personnel department. Access to work books is extremely limited. Therefore, they are issued only to the owners in certain cases and in compliance with the established procedure. For example, upon dismissal, to obtain a visa (foreign passport) or for compulsory social insurance of a citizen (Article 62 of the Labor Code of the Russian Federation).

In other cases, upon a written application from the employee, a copy, and not the original, of the work report is issued. A copy will be certified and issued to the applicant free of charge. In situations where the original is required, the employee (other authorized person) to whom it is issued, as a rule, writes a receipt confirming receipt of the work book.

Is a receipt for receipt of a work book required upon dismissal of an employee?

In order to understand when and how this notice is drawn up upon dismissal, you should refer to the procedure established by labor legislation. So, the rules for registering dismissal are directly determined by Art. 84.1 Labor Code of the Russian Federation. According to the requirements of this article, on the day of dismissal, the employer, among other things, is obliged to give the employee his work book. In turn, the dismissed person must put his signature on personnel documents (dismissal order, his personal card, etc.).

In addition, the employer often asks the dismissed person to sign the receipt issued when issuing the work book. It should be noted that issuing such a receipt specifically upon dismissal is not a generally obligatory action, and Art. 84.1 of the Labor Code of the Russian Federation it is not indicated. Nevertheless, the employer has the right to do so if he deems it necessary. Well, the dismissed employee has the right to refuse to sign (or write) a receipt. If the employer refuses to sign, following the general procedure, he can simply draw up an act of refusal, and then attach it to the book of registration of the movement of work books.

This measure is understandable and generally justified. But a logical question arises: why does the employer need all this if, according to the Labor Code of the Russian Federation, drawing up a notice upon dismissal is not required? The answer turns out to be banally simple: such a notice upon dismissal is a kind of safety net for the employer. On the one hand, it completely relieves the employer of responsibility for late issuance of a work book upon dismissal. On the other hand, in this way he, as it were, insures himself when dismissing a “problem” employee and excludes in advance any third-party fraud with the work book.

It should also be noted that there are certain situations in which a dismissed employee cannot come to the HR department to receive a payment, pick up a work book, or perform other required actions. Then the dismissed person has the right to instruct his authorized representative (authorized representative) to do all this in his place. The fact of transfer of relevant powers to a representative, as is customary, is formalized by a power of attorney certified by a notary.

Only after this, this representative, vested with the necessary powers, has the right to receive money for the dismissed person, a work book and perform other actions that accompany the registration of dismissal. The receipt is no exception. Under these circumstances, it will be drawn up and signed by an authorized representative who has a certified power of attorney.

What does the law say?

According to Part 5 of Art. 80 Labor Code of the Russian Federation, clause 4 art. 11 of the Federal Law of April 1, 1996 No. 27-FZ, the employee is given:

• work book;
• salary amount for the last two years (form approved by order of the Ministry of Labor of Russia dated April 30, 2013 No. 182 n);
• data on length of service and payment of insurance premiums (form SZV-M);
• medical book.

Important! The company's seal must be affixed to the salary payment certificate; if it is not there, copies of other pay statements must be attached.

The employee may also request copies of various documents, such as orders for employment and dismissal. The employer is obliged to issue them in accordance with Articles 69 and 84.1 of the Labor Code. Also, the employee has the right, in accordance with Article 89 of the Labor Code, to request information containing his personal data, if this does not contradict Article 14 (8 paragraph) of the Federal Law of July 27, 2006 No. 152-FZ.

What to do if the resigning employee was unable to attend the workplace on the last day, for example, due to illness or was on a business trip. Then the company must send him a notice. In it, she must inform him of the need to appear to pick up all the materials and things that need to be returned to him upon dismissal or ask him to send consent to send them by mail.

Important! From the moment the notice is sent, the employer is not responsible for their delay or issuance. If the employer has received written permission to send the abovementioned by mail, then he must do this within 3 days. If the employer has not returned them within this period, the applicant has every right to appeal to such authorities as the labor inspectorate, the prosecutor's office, and the court.

There are cases when the person terminating the contract did not pick up his papers (illness, moving, change of circumstances, etc.). In this case, you should know that the company is obliged to store them for the entire period allocated for storing documents. And all personal papers that for one reason or another were not received are stored until required for 75 years.

He himself or his relatives (heirs), proxies can apply for them if he is seriously ill, died, or for other valid reasons cannot personally pick them up. In such cases, they will be required to write a receipt, which is then attached to the case as confirmation of receipt of the documents.

The receipt is drawn up in the usual free form, adhering to the above template. In this case, it is better for the receipt to be handwritten. If claims are made, the employer will have more evidence.

Also, one of the facts confirming the receipt of documents is the acceptance certificate, which is drawn up on the organization’s letterhead. It contains all the data about the persons present during the transfer, their signatures, and the details of the organization.

How to independently and correctly write a receipt for receiving a work book

The receipt, regardless of the situation, is drawn up by the employee himself (the recipient of the document) in any form or according to a template used in the organization. There are no special requirements for its writing or design.

When writing receipts independently, compilers are guided by the general rules for creating documents, the current system of standards used in documenting and organizing work with documentation. First of all, the following elementary norms are taken into account:

• the receipt is written by hand or printed on a computer;
• use a standard sheet of paper in A 4 format or the organization’s letterhead;
• errors are excluded, and the text is written in legible handwriting.

Important! The receipt written upon receipt of the work book is issued in one copy. It is left in the personnel department, where it is then attached to the employee’s personal file.

As for the content of such a document, a number of information must be included in it.

This is the minimum information that is considered to be present in almost any receipt. Other information is recorded as necessary and available. For example, if a receipt is submitted by an authorized representative, then it must indicate the details of the power of attorney on the basis of which he acts on behalf of the employee.

In a situation where, along with the work book, the employee is issued other personal documents, it is advisable to note this fact of issue in the receipt. If in any doubt, an employee can always turn to a HR department employee for help in drawing up a receipt or ask him for a ready-made sample.

Receipt for receiving documents at the preschool educational institution

The procedure for admitting a child to a preschool educational institution is also a rather serious process, which is characterized by the need to create a wide variety of documents. All these documents must be issued to the parent to confirm certain facts.

In the above situation, the optimal solution may also be to generate an official receipt for receipt of documents. The procedure for its creation is also carried out in a standard manner. Such a receipt must contain the following information:

• information about the person who transmits the papers, as well as about the parent who will receive them;
• information about the documents themselves that will be transferred from the institution to the parent. This may include a brief description of each paper, namely the registration number and date of creation.

After presenting the completed receipt to the parent, he will definitely need to put his personal signature in the required place. Otherwise, representatives of the preschool institution will not be able to prove the very fact of transfer of papers.

Recommended “universal” form for receipt of a work book

When developing your own document, you can be guided by the following general template of a receipt for receipt of a work book. It is compiled on the basis of information that must certainly be included in the receipt.

To the director of (name of organization)_________________

(full name of director) _______________________________

Receipt

I (full name) ________________, passport No. ____ series ______, issued by (specify by whom and when) _________________________________________, registered at (specify address) ________________________________________, I confirm that I received from (specify the name of the organization) _______________________ the original of my work book (specify its details ) _______________ due to dismissal (specify another reason).

The received work book is properly executed. I have no complaints about its design.

(Date of receipt) __________ (Signature) ____________ (Transcript) ____________

By analogy, you can draw up a receipt for receipt of a work book for submitting it to the social insurance authorities and for other purposes. But then the document will need to record the actual purpose of its use, as well as the specific date (term) of return.

For example, if the original work record is required to submit it to the branch of the Pension Fund of the Russian Federation for the purposes of recalculation and accrual, then you need to add: “I undertake to return the received work book (mark its details) within 3 working days. days after return."

When and for what purposes is the original document issued?

Most of the time, the work book is kept in the personnel department of the enterprise where the person works. At the same time, the place for storing work records is usually protected from access by unauthorized persons - such documents, as a rule, are kept in a specially designated room or even a safe.

The issuance of a work book is carried out only for certain reasons, the list of which is not so long:

• leaving work;
• registration of a pension - for submitting it to the territorial branch of the Pension Fund (only original documents are accepted there);
• obtaining a passport or visa.

Sometimes, however, there are situations when some commercial organizations (for example, a bank or a company where a person came to get a job as a part-time worker) also require the original work book, but in this case, most often, the employer issues not the original document, but a copy or a duly certified extract from it.

How to draw up a receipt for receiving labor for your relative

If a relative receives a work book instead of an employee and a receipt of receipt is required, then it must be drawn up by the recipient, i.e. the relative himself. In the body of the document he will need:

• indicate your full name, passport details, residential address;
• further, accordingly, confirm the fact of receipt of the work book;
• sign the document and indicate the date of its receipt.

The information listed will be quite sufficient. Let’s say a husband receives a work book for his wife. When drawing up a receipt, he can confirm the fact of receipt of the work with the following wording.

Receipt for receipt of work book

I, Berezhevsky Nikolai Mikhailovich, passport series 46 05 No. 12312, issued by the Khimki District Department of Internal Affairs of the Moscow Region. 03/02/2017, registered at the address: Khimki, Moscow region, st. Belova, 1, apt. 2, I certify that I received from Forpost LLC the work book of my wife Valentina Svyatoslavovna Berezhevskaya. I have no complaints about its design.

09.17.2021. Berezhevsky (Berezhevsky N.M./

It is recommended to write such a receipt manually on a standard sheet A 4. Next, it should be given to the responsible employee of the HR department.

The role of the receipt

Responsibility for the safety of the work book rests with a specialist in the personnel department of the employing organization - in the event of damage or loss of the document, this employee is obliged to restore it at his own expense.

That is why all actions with the work book are recorded in a special accounting journal, and if it is handed over to the owner, then he must write a receipt about it - thus, with the help of this document, responsibility for the maintenance and preservation of the work book passes to him.

Answers to frequently asked questions

Question No. 1: A working Muscovite must present his work record book to the fund branch. In the personnel department they tell him that he must first write an application for the issuance of the original, and upon receipt of it, write a receipt. How long will the work permit be issued and for what period?

According to Art. 62 of the Labor Code of the Russian Federation, the employer must issue a labor certificate for 3 working days. days after the application is received. It will also need to be returned within 3 working days. days, after it is given by the social insurance authority.

Question No. 2: The employee did not receive work due to his absence on the day of dismissal. Soon he received a message that he should come to the personnel department for her or agree to send her by mail. The dismissed employee came to get his work book himself. When handing it over, an employee of the personnel department began to demand from him a receipt for its receipt. Is the employee required to write it or will he not be given a work permit?

No, I don't have to. He can write a receipt or not, this is his right, but not his obligation. But in any case, they should give him a work book. The employer has no right to delay its issuance, citing the absence of a receipt, since this is contrary to the law.

Can an employer refuse to issue documents:

The employer does not have the right not to issue documents if they are requested. He can do this only in two cases: there is no object of issue (no one came to receive them) or the person himself does not want to pick them up personally.

In the first case, the manager sends a written notification by mail (see above about it). In the second, these are the problems of the employee himself.

If the employer for some reason does not issue documents, then before contacting the relevant authorities, you should try to resolve this issue peacefully and persuade the employer to return them. The first place to go is the labor inspectorate. The court will not immediately accept the application, nor will the prosecutor's office. But, as a rule, a simple application to the inspectorate is sufficient.

If the employer is found to be at fault for not issuing papers, he will receive a fine for this. And the employer must know that he must return the necessary papers to the employer in any case, even if the latter did not fulfill all obligations to the company at the time of dismissal.

Video on the topic:

How to confirm that an employee has received documents

1. Take a receipt from the employee confirming that he has received all the necessary documents (example 1).

2. Create a special journal for recording the issuance of documents. There is no approved form for such a journal; you can develop any accounting form convenient for you (example 2).

3. Leave in the organization copies of documents on which employees make a note about receipt of their copy. In this case, it will be possible to document that the document was completed correctly and completely.

If an employee refuses to receive documents on the day of dismissal, record this in a separate act in front of witnesses. If the employee did not pick up the documents himself, but gave permission to send them by mail, keep all postal documents confirming the fact of sending.

Rules and requirements for drawing up a receipt

Confirmation that the employee has received the listed papers, in order to avoid further proceedings, disputes and clarifications, is a signed receipt (confirmation). There is no universally developed template for it, so it is compiled in free form. But it must contain the following information:

• the name of the organization in which the employee worked;
• name of the paper that is being filled out (receipt, confirmation, etc.);
• the date when the receipt was written (must coincide with the date of dismissal);
• a list of all documents, certificates and other things that were received;
• signature with a transcript of the name and surname of the signatory.

An example of a receipt:

V. N. Albatrosov

From the company's general manager

Moscow XX.XX.XXXX

I declare that due to the fact that I stopped working in this company and, guided by paragraph 3 of part 4 of article 11 of the Federal Law of 01.04.1996 No. 27-FZ, I received copies of reports from the employer:

— form SZV-M for the period of work on 20 pages;

— form RSV-1 for the period of work on 20 pages.

Total: 40 pages.

General manager of the company ____________ Kh. V. Koprygin

The contractor's documents, which are kept by the employer, can be issued:

• if the contract is terminated; in this case, they are issued on the last day of work;
• at the request of the owner, for submission to the relevant authorities for social payments.

If originals are handed over, in such cases it is necessary to issue a receipt (confirmation). When a copy is issued, a receipt is not needed.