Issuance of a work book upon dismissal in 2021 and 2021

A work book is a document that records the history of labor relations between an employee and an employer. An entry about employment in the book must be made without fail if this workplace is the main one for an individual. It also contains information about rewards and reprimands. According to the Labor Code of the Russian Federation, the issuance of a book upon dismissal must be carried out within a clearly limited time frame.

Read this article about how to write the reason for dismissal on your resume.

Legislative regulations on the work book

The sample work book is legally established. The rules according to which work books are maintained, stored and issued are regulated by federal executive authorities, which are authorized to do so by the Government of the Russian Federation.

The legislative basis for handling work books is contained in the following acts:

Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books” contains the rules for maintaining and storing this document, as well as samples of the necessary forms, features of their production and distribution among employers;
Art. 66 of the Labor Code of the Russian Federation prescribes the use of the above-mentioned Rules No. 255 to resolve issues related to work books;
Art. 65 of the Labor Code of the Russian Federation speaks of the obligatory presence of a labor contract for concluding an agreement between an employee and an employer;
Art. 80 of the Labor Code of the Russian Federation, dedicated to the issues of dismissal at the request of the employee, directly contains the rule on the issuance of employment and other documents related to his work on the last day in the service of the resigning employee upon presentation of a written application by the latter;
Art. 140 of the Labor Code of the Russian Federation insists on the need for final settlement with the employee on the day of his dismissal, including regarding documents belonging to him, including the work book;
Art. 234 covers the responsibility of the employer in the event of a violation of the employee’s right to new employment, which is impossible without a work book, if it was not issued to the dismissed person on time, and Art. 237 speaks of the possibility of compensation for moral damage for such a violation.

What responsibility does the employer bear for failure to issue a document?

According to the norms of current legislation, each enterprise is obliged to be held accountable for violating the provisions of the law, regardless of the reason for failure to fulfill its duties when dismissing hired personnel. If an enterprise deliberately does not issue a work permit, it must pay compensation in the amount of wages for the entire period of delay in the document (Article 234 of the Labor Code of the Russian Federation).

In addition, even the date of termination of the contract is postponed. The day of termination of cooperation will be considered the actual day of receipt of the documentation. As a result, the employer is obliged to create a new order and make a new entry in it. The previous notice of dismissal will be considered invalid.

In order to receive the document on time, the citizen must send a written request to the organization with a request to return all papers within a certain period. If the organization does not respond to the message, the former employee has the right to send a corresponding complaint to the labor inspectorate.

Failure to comply with the deadlines established by law is considered a violation of workers' rights. Of course, controversial situations do not always arise, but still every citizen should know what needs to be done to prevent all kinds of problems and conflicts.

Full information about the employee’s work experience and profession is contained in his work book. Such a book is issued at the very beginning of working life and is the main document of any working citizen .

And all the rules regarding the issuance, execution and return of this document are strictly regulated by the regulations of the Labor Code (Article 140) and government decree number 225, as amended in March 2013. In some cases, it is possible to issue a duplicate.

As for delays in issuing an employee upon termination of an employment contract, the reason for this may be both the actions of the employee himself and his immediate management.

What happens to the work record upon dismissal?

Legislative acts require the issuance of a work book with an entry on the termination of the employment contract to the dismissed employee on his last working day with this employer.

In some cases provided for by law, the date of dismissal is not considered the last day spent in service, but another date. This is possible if, for example, before dismissal, an employee was given previously unused vacation, after which he will be considered dismissed. In this situation, the last working day before the vacation will become the day of calculation and issuance of the work book, while the date of dismissal will be the last vacation day.

Entries made in the work book

The employer is obliged to issue the employee a work book that is properly executed. Upon dismissal, it is worth checking the following points of completion for compliance with the Rules for maintaining and storing work books:

each entry made in the book during the time of work for this employer must be certified by the signature of the superiors (responsible person);
Each signature must bear the seal of the organization or its human resources department;
The signature of the employee must also be present (except in cases where the book is not issued to him or he refuses to receive it);
records are formulated in the form prescribed by law;
the last entry should be a record of dismissal from this organization;
if the book was kept not only in the state language, but also in the regional one (of a republic that is part of the Russian Federation), then both texts must be certified accordingly.

NOTE! Correct wording is very important. If the previous employer made an entry “not according to the protocol”, and the subsequent one refused employment because of this, the court will side with the unfairly offended employee, which is fraught with the payment of serious compensation and compensation for lost earnings.

Who can get a work book

Usually, upon dismissal, the work book is given directly to the employee. In practice, there are circumstances permitted by law when the book can be:

issued to the person who received a power of attorney from the employee to receive the document;
given to a relative of the dismissed person;
sent by mail;
preserved by the employer in the manner prescribed by law.

Features of personal issuance

The procedure for obtaining a work record book is more labor-intensive for the employer than for the person resigning. It consists of several stages.

Filling. It must be fully completed by the day of dismissal, and consists of two important procedures:
entering the wording of dismissal.
Obtaining the employee’s signature in the required column of the personal card (indicating that he received the book in hand).

The employee has not received the book, what should I do?

If on the day of dismissal an employee does not show up to the HR department or his workplace or refuses to receive a work book, the employer needs to insure himself. The situation cannot be left to chance, otherwise a lawsuit may be filed due to the delay in issuing the work permit. The employer must:

draw up an act stating that the work book has not been issued to the employee (indicate the reason);
send the employee a written notification of the need to obtain a work book or agree to send it by mail.

Work book – by mail

Such an important document can only be forwarded with the written consent of its owner, that is, the employee. Such consent may be expressed:

in advance, when the employee asks in writing to send him his work report to the specified address due to the impossibility of appearing for it in person on time;
in response to a notice sent by the employer.

When will the book be given to relatives?

Close people of an employee can receive his work book only in one very sad case - dismissal due to death. To do this you need:

make an entry in the book about the termination of the employment relationship;
make sure of close family ties with the deceased, confirmed by documents (passport, marriage certificate, birth certificate, etc.);
receive a receipt from a relative for receipt of the work permit (in a simple form).

With the written consent of relatives, you can use postal services.

If the employee is not present

There are situations when an employee is absent from work on the last working day of an organization, and management simply does not have the opportunity to personally give him a work book and other papers. In this case, the employee must be sent a written notice of the need to appear as soon as possible and pick up the documents. The same notice may contain a request for permission to send the book by mail. If such permission has not been obtained, this cannot be done. It is necessary to continue to keep all the papers with you, waiting until the person picks them up personally or sends an authorized representative. A similar procedure is provided in the event that an employee refuses to pick up his TC.

It is important to understand that from the moment such a notice is sent to the employee, the organization’s management is released from liability for the delay in issuing the Labor Code.

The procedure for issuing a work book upon dismissal of an employee according to the Labor Code of the Russian Federation

An employer does not have the right to release a former subordinate with a book in which the appropriate entries have not been made. According to Art. 66 of the Labor Code of the Russian Federation, he is obliged to make entries related to changes in the position or personal data of the employee. Without this information, there will be no point in the book itself and its storage at the workplace. Also, in the absence of this information, problems may arise with the calculation and accrual of the employee’s pension.

The procedure for dismissal and receipt of a book is as follows:

Drawing up a statement to a subordinate if he resigns of his own free will.
If the dismissal occurs at the initiative of the manager, then a special act is drawn up.
The management is obliged to read the application and approve the employee’s decision.
After writing the application, a two-week work period must follow.
On the last working day in the work record book, the manager or an authorized person (usually a personnel employee) makes an entry and endorses it with his signature and company seal.
The employee can receive his document along with all payments due upon dismissal.

So, a record of dismissal is made in the work book on the last working day (Resolution of the Government of the Russian Federation of April 16, 2003 No. 225). It should contain the following points:

Serial number of the record.
Date of dismissal in the format dd.mm.yyyy.
Grounds for termination of the contract. We remember that words are written in full, without using any abbreviations. A reference to the number, paragraph, part of the article of the Labor Code of the Russian Federation is required.
Order details without abbreviations.
Signatures of the authorized employee or manager and the dismissed employee. The company's seal certifying the entry made.

Until an entry is made into the employment record, it cannot be issued to the dismissed employee.

How long is a document kept at a former job?

Sometimes in practice there are cases when a dismissed person does not collect his work book for a long time. The reasons for such a delay can be very different, for example:

a person’s stay in another country;
lack of time for relatives to pick up a document that belonged to a deceased employee;
other reasons.

How long a document of this kind is kept by the employer is stated in clause 43 of Section VI of the Government of the Russian Federation Resolution No. 225.

Thus, according to paragraph 43 of this regulatory act, work books, as well as their duplicates, which were not promptly withdrawn by the person who resigned, must be stored at the enterprise until required. This means that this document must remain with the employer until it is collected.

In this case, the requirements for the storage of such papers, prescribed in Chapter 4 of the Law of the Russian Federation on Archival Affairs dated October 22, 2004 No. 125-FZ, must be observed.

Dates for issuing the book

According to Art. 84.1 of the Labor Code of the Russian Federation, the calculation and issuance of labor records takes place on the employee’s last working day. There are situations when an employee does not go to work on the day of dismissal, for example, if he got sick or refused to come and pick up his work package that day.

In this case, a notice is sent to the dismissed employee with a request to pick up the document or agree to send the book by mail. From the moment the notification is sent, the manager ceases to be responsible for the delay of the book.

If the employee, having received the notice, applied for a work book, the employer must return it no later than 3 working days.

The document can be sent to the dismissed employee by mail if he has given his consent and written an application for forwarding the document.

In the event of the death of an employee, his relatives can receive a work permit by providing documents to confirm the relationship. If no one applies for the book, then the manager is obliged to keep it until required.

conclusions

The answer to the question: “when should you hand over your work book upon dismissal” will be as follows:

The employer must return the work book on the last working day.
You can issue a document in three ways: by hand, by mail (with the consent of the employee) and by power of attorney (with the consent of the employer).
If the employee did not pick up the work permit, then it is necessary to send him a notification by mail asking him to pick up the document.
Any unreasonable delay in issuing a work permit that causes material or moral harm to a former employee may result in fines.

Issuance of a work book by proxy

A work book, like many other documents, can be issued not only personally, but also to an authorized person, if the relevant powers are properly formalized. This implies the proper execution of a power of attorney - a document delegating certain powers, in this case, obtaining a work book, to a specified person. This happens in cases, for example, when an employee is physically unable to pick up a document.

The power of attorney must be written in the form prescribed by law and certified by a notary.

Important! A power of attorney may be considered invalid if it does not bear the date of its preparation.

Without a date, it is impossible to determine whether a document has legal force. If the power of attorney is written without indicating its validity period, it is considered to be 1 year.

A properly executed power of attorney must contain the following information:

The date of creation, as well as the place of drawing up, so that it is clear where and how the power of attorney will operate when its terms of office expire.
Entered passport details of the owner and labor. Initials, date of birth and place of residence must be indicated without errors. This point is strictly checked when issuing a work book at the place of work.
Data of the authorized person according to his passport. The information will also be checked, and the company will make a record of who exactly took the former employee’s work book.
Powers of a trustee. It is important to indicate what it has the right to, for example: check the presence of all the necessary entries in the document, take the work book with you, collect the salary, etc.
Sample signature of the person who will act on behalf of the former worker.
The principal must sign this document to certify its authenticity.

After receiving the work book, the attorney must write a receipt to the HR department employee or other authorized person confirming receipt of the document.

IMPORTANT! When receiving a work book by power of attorney, the personnel officer who issued the document must make a note with reference to the power of attorney in the personal card and the statement of the dynamics of work books.

Not all employers agree to issue employment documents by power of attorney, since the law does not specify such a method in relation to this type of document. You can refer to Art. 185 of the Civil Code of the Russian Federation, which specifies the general provisions on the power of attorney. If you cannot obtain the consent of the manager, then you can agree to receive the work book by mail.

What to do if the employer does not give the Labor Code

Attention! A citizen, at his choice, has the right to apply to:

Labor Inspectorate (complaint form here). The complaint is submitted: personally by an employee, by post or through the website Onlineinspektsiya.rf. After receiving a complaint, an inspection must be carried out within a month, the results of which are reported to the employee in writing. If a positive decision is made on the complaint, the employer will be fined. If refused, the employee has the right to appeal to a superior inspector or appeal to the prosecutor's office or court;
The prosecutor's office (sample complaint here) . The complaint will be considered within 1 month;
Judicial authorities (claim form here). It makes sense to file a lawsuit when other means to restore violated rights have been exhausted, since you will not have to pay for an application to other authorities, and a state fee will be charged when filing a claim. The complaint will be considered within a month.

Example of a power of attorney

POWER OF ATTORNEY to receive a work record book

Yekaterinburg city

the eleventh of February two thousand seventeen

I, Antonina Rostislavovna Perestukina, born on October 14, 1978, passport 20 11 No. 452678, issued by the Department of the Federal Tax Service of Russia for the Moscow Region in Pushkino on July 14, 2000, living at the address: Ekaterinburg, st. Academician Postovsky, 18, apt. 134, by this power of attorney

I AUTHORIZE

Maxim Anatolyevich Zheleznyakov, born on August 18, 1980, passport 20 11 No. 967389, issued by the Department of the Federal Tax Service of Russia for the Moscow Region in Kolomna on January 29, 2004, residing at the address: Ekaterinburg, st. Bauman, 24, apt. 91:

obtain from the HR department of the limited liability company “Felicita” (Ekaterinburg, Vasily Eremina St., 12, office 2) the work book that belongs to me;
ensure proper execution and entry of records formulated in accordance with the law;
perform other necessary actions related to this instruction.

This power of attorney has been issued for a period of three months without the right of substitution.

Principal /Prestukina/ Perestukina Antonina Rostislavovna

On February eleventh, two thousand and seventeen, this power of attorney was certified by me, Anton Stepanovich Dobrodeev, a notary of the city of Yekaterinburg. This power of attorney was signed by the principal in my presence. Personality gr. Perestukina A.R. established, capacity verified.

Notary /Dobrodeev/ A.S.Dobrodeev

M.P.

Responsibility for delay in issuing labor

There are unscrupulous employers who do not comply with the law, who blackmail their subordinates, intimidate them by not issuing a work book, and retain an important document without having any rights. These actions will lead to the fact that the resigning citizen will lose the document in which his length of service is recorded. He may also have difficulty finding a new job.

An employee who has suffered from such actions has the right to file a lawsuit against the employer, which may include the very fact of threats on his part regarding the withholding of a document without good reason. Upon consideration of the complaint, the manager will be forced to return the document with the relevant records. In addition, it may be recognized that the dismissal was outside the scope of the law if the employee did not leave his position of his own free will. Then he will be reinstated to work in the company where he was registered. The manager will have to compensate the employee for material and moral damage, as well as reimburse all legal expenses if the court makes such a decision.

Attention! If the employer delays issuing the work permit for a long time, then administrative liability is established by law.

The longer the manager delays issuing the document, the more he will have to pay. According to Art. 5.27 of the Code of Administrative Offences, the fine can be set in the following amounts:

Officials - 1000-5000 rubles.
Entrepreneurs without legal entity formation - 1000-5000 rubles. or suspension of activities for up to 90 days.
Legal entities - 30,000-50,000 rubles. or suspension of activities for 90 days.

Problems and disputes

Unfortunately, sometimes legislation overprotects the employee, while forgetting about the employer. Thus, the fact of dismissal contributes to the issuance of such a document as a work book, despite the fact that the employee did not fulfill important obligations, and did not return work clothes or any material assets.

The law does not prohibit an employee from filing a resignation letter in this situation, and therefore allows the return of the work book without any sanctions against the employee.

That is why employers can either anticipate dismissal in advance and not trust the employee with too important things, or hope for his integrity.