We notify you of the need to obtain a work book (sample)

Under the standard procedure for terminating an employment contract with an employee, no notices are required to be sent.
This may only be necessary if the employee, for certain reasons, did not receive a work book upon dismissal. Sending a notification about the need to appear for a work book or about providing consent to send it by mail allows the employer to avoid liability for violating labor law standards. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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The procedure for issuing a work book upon dismissal

The work book refers to official documents of strict accountability. During the implementation of activities, she is located in the personnel department. A document can be missing only as a result of damage or loss, as well as during initial employment. The employer himself issues a new one, or you can get a duplicate from the company where the person previously worked for 15 days. To do this you will need to write an application. This must be done no later than 5 days after hiring.

Filling out, issuing and storing a work book is carried out in compliance with the rules and regulations established by law. The main standards are:

• Labor Code of the Russian Federation;
• Government Decree “On work books”;
• Resolution of the State Statistics Committee No. 1 of 05.05.2001;
• Rules approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003;
• Instructions of the Ministry of Labor dated 2003.

After dismissal, the employee must receive a work book, salary and necessary certificates on the last working day. In confirmation, he signs in a special journal. If a citizen refuses to do this, an act is drawn up in which three witnesses sign, thereby recording this fact.

Upon dismissal, the employer makes a corresponding note in the document, guided by the above provisions, and gives it personally to the employee. It is unacceptable to transfer labor documents through third parties if they do not have a notarized power of attorney.

It is important to know! If a person does not come to receive it on the appointed day, a notification is sent to his address about the need to appear for a work book.

What is a notice to obtain a document?

According to Part 4 of Article 84.1 of the Labor Code of the Russian Federation, a work book is issued to a dismissed person on the last day of his stay at the workplace . For a violation, penalties are provided under Article 5.27 of the Code of Administrative Offenses of the Russian Federation - a warning or a fine of up to 50 thousand rubles.

Also, the employee will not be able to get a new job. Then the culprit must compensate him for all earnings not received during this period. However, Part 6 of Article 84.1 provides for a number of exceptions to this rule. These include cases when the last day of actual return to work does not coincide with the date of dismissal for the following reasons:

• absenteeism;
• inability to continue work due to a court verdict;
• expiration of the employment contract if it was extended until the end of pregnancy or maternity leave.

On the day of dismissal, the employee may not show up or, under various pretexts, refuse to pick up documents. In this case, in order to avoid unpleasant consequences, he should send the dismissed person a notice of the need to appear for a work book or agree to have it sent by mail.

From the moment the notification is sent, the employer is released from liability for the delay in issuing the work book. At the same time, you need to prepare to document the fact of sending such a document, so you need to carefully store all receipts for payment of postal services and second copies of the list of attachments, certified by a postal service employee.

Issuing a work permit in the absence of an employee

A person must collect documents and payment himself, but there are situations when he cannot do this. This could be family circumstances, other motives, or the illness of a relative, due to which the citizen urgently needed to leave the city. Typical situations where it is impossible to obtain a work permit in person are:

1. On the last working day, the employee did not show up for an unexcused reason.
2. The person does not agree with the dismissal, so he simply refused to receive documents and payment.
3. The citizen has been convicted; in this case, a trusted person can receive the book. The document granting authority is certified by the head of the colony.
4. The employee was called up for military service, and the contract was terminated automatically.
5. Death. In this case, the notification is sent to one of the next of kin.

If the notice is drawn up in accordance with all the rules and sent to the former employee, then the employer is relieved of responsibility for failure to issue the document. If the employee expresses a desire, the book can be sent by mail. In this case, a registered letter with notification is required. Without his consent, based on clause 36 of the Rules, such an action is considered illegal.

How is it directed?

The notification must be sent by registered mail with a list of attachments. The recipient's address is usually the place of residence of the former employee, which is reflected in the employment contract. However, an additional agreement between the parties may indicate a different address for the exchange of correspondence.

The document must be issued or sent by mail within 3 working days from the date of the employee’s application.

Sending a work book along with a notice is strictly prohibited. Forwarding is permitted only after receiving written consent.

Rules for drawing up a notification

Notification of the need to pick up the work book is sent to the employee by mail or courier. There is no strict form for the document, but the personnel service must take into account the provisions of Art. 84.1 Labor Code of the Russian Federation. It is drawn up in any form, with the obligatory content of the requirement to come to the personnel department. The notice must contain the following information:

• Outgoing document number, date of its preparation and place;
• Details of the parties, as well as a link to the employment contract;
• Notice of the reason and procedure for termination of the contract;
• The time period and place when a person is obliged to pick up a work book;
• Information that sending a document by mail is possible only with the consent of the owner;
• Signature of the head and seal of the organization.

Sending a notification by courier is also compliance with the established regulations regarding the need to pick up the work book and the necessary certificates. Sending through a proxy requires a printout of the notice in two copies, on the second the citizen puts a mark on the date and time of receipt.

Sample notification

Limited Liability Company "Pirozhkov and Company"

Ref. No. 35 dated 01.02.2003 Petrov Ivan Dmitrievich, Izhevsk, st. Elovaya, 8

NOTICE about the need to obtain a work book

Employment contract No. 48 dated June 5, 2000 was terminated by agreement of the parties on January 29, 2003. Due to your failure to appear to receive your work book on the appointed day, the document was not issued to you.

In accordance with Part 6 of Art. 84.1 of the Labor Code of the Russian Federation, we notify you of the need to come to the personnel department of Pirozhkov and Company LLC in the near future to receive a work book, or to give written consent to send it by Russian Post.

Applications:

A copy of the order to terminate the employment contract.

Head of HR Department Ilyin I.V.

signature

Dispatch times

Notification of the need to obtain a work book upon dismissal is sent to the employee within 3 days after termination of the contract. If it is lost, then responsibility for issuing a duplicate rests with the HR department.

Notice of appearance for a work book: sample document

The notification should be sent to the employee by registered mail along with a postal notification of delivery of the message and a list of the attachments (to deprive him of the opportunity to claim that there was no letter in the envelope).

The header of the document must contain details of the sending organization and information about the recipient employee - his full name and address. You should also include the date and reference number.

The notice must offer the former employee:

• or come for the work book yourself;
• or allow it to be sent by mail (this is prohibited without the consent of the owner of the book).

To easily draw up a notice of delivery of a work book, a sample of its contents can be used as follows:

Deadlines for issuing notices

The work record book is presented when applying for a job to confirm the length of service. It is provided to the Pension Fund of the Russian Federation to establish the length of service and required government contributions.

The form remains in the custody of the employer until the employee leaves his obligations.

The dismissal record is recorded on the basis of an order signed by the manager on the basis of termination of the employment contract.

Upon termination of the relationship with the specialist, the HR department returns the form to the employee. It must be handed over in person on the last day of performance of official duties. If the transfer of the obligation to issue a document is not provided, it is enough to make an entry on the basis of the relevant order.

Procedure for notification of dismissal for guilty actions

The law does not officially require notifying the employee of such dismissal. In practice - for example, in the case of long-term absenteeism, theft, or the presence of a court verdict - employees often do not appear at the workplace for a long time, including on the last day of work. In such a situation, it is advisable to wait for him to appear and hand over the notice of dismissal and all related documents.

Often the company sends notice by registered mail and terminates the employment. However, if it suddenly turns out that the employee was sick at this time, termination of the employment contract may be considered illegal . Therefore, it is advisable to contact the employee before this and ask him to appear in person . The general algorithm for notifying an employee is otherwise similar to that described above.

SAMPLE NOTICE OF TERMINATION FOR ABUSIVENESS

When should notification be sent?

The employer is obliged to notify the employee in advance of the upcoming dismissal. The period for delivery of the notification - from 3 days to two months before the upcoming event - is established by the provisions of the Labor Code of the Russian Federation. The specific period is determined by the reason for dismissal. For example, if a staff reduction or liquidation of an enterprise is planned, it is necessary to notify employees at least 2 months before dismissal (Article 180 of the Labor Code of the Russian Federation). During this time, they will be able to decide on future plans or find a new job. If a fixed-term employment contract expires, the employer should notify the employee three calendar days before its expiration (Article of the Labor Code of the Russian Federation).

Liability for dismissal without notice

Existing legislation provides for liability for evading the preparation of a notification document. For example, if you hide information about the termination of the alimony worker’s work, the official faces a fine in the amount of 15,000 to 20,000 rubles, and the organization - from 50,000 to 100,000 rubles. If the employer concealed from the FMS that a foreigner had been relieved of his position, a fine in the amount of 35,000 to 50,000 rubles is imposed on the official. A legal entity is subject to a fine in the amount of 400,000 to 800,000 rubles. This is indicated by paragraph 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation.

What rights do employees retain upon dismissal at the initiative of the organization’s management?

Employees dismissed at the initiative of the employer retain the right to:

• receiving severance pay if the reason for dismissal is staff reduction or liquidation of the enterprise. In addition, when staffing is reduced, the employee must be offered all available vacancies at the enterprise before dismissal;
• receiving wages for the time actually worked;
• receiving compensation for unused vacation;
• obtaining all necessary documents for employment in a new place.

Dismissal while the employee is on sick leave or on vacation is unacceptable.

What to do if an employee cannot obtain a work book for one reason or another

The circumstances under which an important document was not issued may vary:

1. Objective , independent of the employer and employee: - illness of the dismissed employee; - death; — absence from the location of the enterprise (vacation, conscription, detention); — natural disasters, man-made disasters.
2. Subjective : personal reluctance of a former employee due to a conflict situation with the employer.

According to the law, on the last working day, a dismissal order must be issued, which is noted in the book. The dismissed employee is required to sign the record card and journal that the document was issued to him. Discrepancies with legal requirements most often occur when concluding fixed-term contracts and when permanent employees violate corporate discipline.

A fixed-term contract concluded for the period of replacement of a permanent employee is terminated on the day of his return to work. A temporary worker may be on sick leave or on vacation at this time. It is not possible to hand him a personal book. In the sample notice of a work book upon dismissal, in this case the reasons for termination are justified with reference to the order, please pick up the document.

A truant dismissed under an article, an employee who does not agree with the employer’s arguments about his layoff, do not take the document either out of negligence or out of a desire to punish the employer and the company financially.

After time has passed, a citizen who has not received the form has the right to go to court demanding material and moral compensation for damage. The reason is the inability to get a new job due to the willfulness of the employer. Having a copy of the timely sent notice and the act of refusal to receive the form will serve as a counter-argument in court proceedings.

How to compose correctly

Depending on the case for which the notification is being prepared, its appearance and content vary. Be sure to include information:

• name of the enterprise;
• personal information about the employee, position, details of the employment contract;
• reason and date of termination of the contract;
• signature of the person authorized to prepare the document;
• data on the transmission and direction of the document to the addressee.

But the sample letter to the bailiffs about the dismissal of an employee necessarily contains information about whether the alimony provider has any debt, whether the final payment has been made to him and when this happened.

A notification about the need to receive a payment and documents is sent if the employee does not appear for payments due to him after termination of the contract. It does not have a unified form, so they compose it in any order.

A notification for a foreigner is prepared in the form approved by Order of the Federal Migration Service of Russia dated June 28, 2010 No. 147.