Certificate of employment - form and sample filling

If the employee worked officially, then upon dismissal of his own free will or in another case, along with the work book, he needs to pick up several more important documents from the employer.

The person who quits will need them for a new job, loans, tax deductions and pensions, and the employer, by issuing all the necessary certificates, will protect himself from administrative liability.

In this article we will tell you what documents are required to be issued upon dismissal.

General structure of a certificate of employment

In most cases, a certificate of employment is drawn up for presentation at the place of request. From the point of view of reflecting facts about the employee, the content of the certificate can be anything - the main thing is that it states that it was generated specifically for presentation at the place of request.

There are a number of standard, albeit unofficial, criteria for issuing the relevant certificate. Let's look at them.

The certificate from the place of employment must contain the basic details of the company (OGRN or OGRN individual entrepreneur, address, telephone). Details are usually indicated at the very top of the document - on the right or in the middle.

Below follows the date of compilation, as well as the document number.

Next, in the center of the page is the name of the document: “Help”.

The next element is a text block that displays information about the employee: full name, position, monthly salary, length of service in the company. It is further stated that the certificate must be provided at the place of request.

Below are the full name and position of the head of the company, signature and seal of the organization (if any).

The structure of the certificate we have considered is quite universal, but sometimes it needs to be adapted to the specifics of the place where the source is presented. Let's look at what a certificate of employment that must be submitted to a particular institution might look like.

We apply for a visa, social benefits or subsidies

To obtain a visa to enter a foreign country, representatives of a foreign embassy require confirmation of the citizen’s official employment. Some representatives of European countries also prefer 2-NDFL, explaining this by the fact that the tax form KND 1151078 is documentary evidence of employment, and a certificate of average earnings for a visa can be easily falsified.

To receive social benefits and other financial assistance, for example, social protection authorities will also require confirmation of average income. This is necessary to establish preferential status for the applying citizen.

The certificate of average earnings for social security (sample) does not have a unified form and is compiled in any order. When generating information, please provide the required details:

• name of the organization, its registration and contact details;
• last name, first name and patronymic (if any) of the employee, position;
• information on accruals with a monthly breakdown.

The paperwork for receiving subsidies is prepared in a similar way.

What does a sample certificate from the place of work to the court look like?

During court hearings, the presentation of a certificate of employment is usually required to confirm the employment and income of the plaintiff or defendant, for example, to assign alimony. In this case, the defendant may be required to submit a certificate indicating:

• his full name, position;
• salary or average earnings;
• work experience in the company.

The document must be certified by the seal of the employing company (if any), as well as the signature of the head of the company.

How to calculate the average earnings for a central price payer

The algorithm for calculating the average daily earnings for further determining the amount of unemployment benefits is presented in Resolution of the Ministry of Labor of the Russian Federation dated August 12, 2003 No. 62. All payments, including bonuses and additional payments, for three fully worked months are used as information about income. The calculation formula is as follows (item 7 of the calculation order):

Average earnings = employee income / number of days worked in the billing period × (number of working days according to the production calendar / 3).

Sample calculation of average earnings for reference to the employment center

Let's say an employee is fired on March 2, 2020. In the billing period, we will take three months - December 2021, January 2021 and February 2021, and in the last 2 months, due to indexation, the salary (salary) was increased from 50,000 to 60,000 rubles. The employee did not receive any bonuses or other remuneration.

Based on the data in the table, we calculate the average earnings for unemployment benefits:

170,000 rub. / 58 days × (58 days / 3) = 56,666.58 rub.

Certificate from place of work for obtaining a visa

A certificate from your place of work for obtaining a visa may correspond to a sample document drawn up according to the general criteria that we described above. The fact is that it is supposed to indicate the salary and length of service of the employee - precisely the information that is primarily needed to assess the reliability of the tourist.

At the same time, statements for visas are welcome stating that:

• the document is drawn up specifically for the consulate of a certain country;
• the employee is guaranteed to be able to continue working for the company upon returning from travel.

Consulates also have a positive attitude towards certificates printed on the letterhead of the employing company.

Some consulates issue their own forms to fill out. In this case, it is better to clarify the requirements for content and completion on the websites of visa centers.

Find out how to comply with consular requirements and issue a certificate for an employee to obtain a visa correctly from a consultation with a ConsultantPlus expert.

conclusions

Having officially terminated the employment relationship, the employee has the right to receive a settlement (payments), a work book and additional documentation related to the work. All this must be provided to the retiring citizen by his employer.

Some papers are issued to the departing employee without fail (by default), and some certificates are provided upon written request within 3 days.

One way or another, the employer cannot refuse the employee to satisfy his legal requirement. If a request is not fulfilled in a timely manner, the employee has the right to complain.

Why do you need a certificate from your previous place of employment?

A certificate from a previous place of employment is most often needed if a new employer needs to correctly calculate sick leave or maternity benefits.

In 2020-2021, such a certificate must be issued in the form approved by Order of the Ministry of Labor dated 04/30/2013 No. 182n as amended by Order of the Ministry of Labor dated 01/09/2017 No. 1n. For more information, please follow the link below:

IMPORTANT! If the certificate is filled out incorrectly, the Social Insurance Fund will not accept it and will exclude the amount of income from the average daily earnings. That is why it is very important to fill out the document correctly.

A sample of filling out the certificate, as well as the procedure for completing it, can be found in the Ready-made solution ConsultantPlus, having received free trial access to the system.

Responsibility for non-issuance of a document

The employer's obligation to provide the employee with a certificate of average earnings, if such information is requested in writing, is provided for by labor legislation (Article 62 of the Labor Code of the Russian Federation, Article 84.1 of the Labor Code of the Russian Federation). Refusal or incorrect registration will result in a fine under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. If an official or an individual entrepreneur is found to be a violator, the fine will not exceed 5,000 rubles. If an organization is found guilty of violating labor laws, it will have to pay a fine of 30,000 to 50,000 rubles.

Judicial practice shows that in case of untimely provision of information, the employer is obliged to compensate for losses and recover moral damages in favor of the employee. One of these court decisions is the appeal ruling of the Sverdlovsk Regional Court dated May 22, 2018 in case No. 33-8682/2018. From the case materials it follows that in order to obtain unemployed status and apply for the corresponding benefits, the employee turned to the employer for information on average earnings for the last three months. But it seems that the organization did not study it well, since the paper was drawn up incorrectly: the signatures of the manager and chief accountant were missing. On this basis, the employment center refused to accept the document and refused to pay benefits.

The dissatisfied employee went to court, where they recognized a violation of his rights and ordered the former employer to compensate for losses in the form of uncollected unemployment benefits. In addition, on the basis of Art. 237 of the Labor Code of the Russian Federation, moral damages in the amount of 10,000 rubles were recovered from the defendant.

Sample certificate of employment at the request of social security authorities

Such a certificate is needed in order to show the social protection authorities that the father or mother of the child is not on leave to care for him, in order to receive state benefits assigned by order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

The form of this certificate is not approved by law. For such purposes, a document presented in a general structure is suitable, but it must be supplemented with wording that corresponds to the specific situation (for example, that the employee does not use parental leave).

Results

A certificate of employment may be required in a variety of types of institutions - private, public and even international. The main thing when drawing them up is to take into account the requirements for the relevant documents established by the organizations that request them.

You can familiarize yourself with the specifics of other types of certificates issued by employers for employees in the articles:

• “Why and where do you need a 2-NDFL certificate?”;
• “The procedure for issuing a 2-NDFL certificate to an employee”.

Sources:

• Order of the Ministry of Labor of Russia dated April 30, 2013 N 182n
• Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Payments upon dismissal

Upon dismissal of one's own free will, the employee is entitled to mandatory and optional compensation. Mandatory ones include those provided for by law. Optional ones include those provided for by local regulations.

When dismissing an employee on his own initiative, the employer must pay him:

• wages for the time actually worked before the date of dismissal;
• compensation for unused vacation;
• disability benefits if the employee falls ill during the period of compulsory service.

Wages for time actually worked are considered for those days in the current month that have not yet been paid, and during which the resigning employee was actually present at work. Vacation compensation is due to all employees who did not have time to use their legal rest days in the current working year up to the date of dismissal.

If an employee worked 11 months before dismissal and did not go on vacation, then he has the right to receive compensation in full.

By agreement between the employee and the employer, the employee can go on vacation before dismissal, using the days he has accumulated. If he does not give them time off, then compensation will need to be paid upon dismissal.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

Optional payments include severance pay, which may be provided for in a collective agreement. Its payment is the exclusive initiative of the employer.

But if it is provided for by local regulations, then it must be paid.