Rules for issuing a work book to an employee upon dismissal

25.09.2019

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4 min.

Notification of receipt of the work book is sent by the employer to the dismissed employee if he himself has not expressed a desire to appear for it immediately after full payment. The personnel service with all records must issue this document within 3 days after the person is released from work duties. Violation of the established procedure may result in administrative liability.

What does the legislation say about the delay in issuing labor documents?

According to Art. 84.1 of the Labor Code of the Russian Federation, the head of the company not only does not have the right to withhold the employee’s work book, but is also responsible for this. Delay in issuing a document upon dismissal is regarded as an administrative offense. In this case, the employer will have to answer taking into account paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and pay a fine of up to 50,000 rubles. In addition, the company may be required to compensate the employee for material damage based on Article 234 of the Labor Code of the Russian Federation. This does not mean that we necessarily send notice of the work record on the day of dismissal, but we do not recommend delaying the resolution of this issue for several weeks or months.

Features of the document

There are requirements according to which, when applying for a job, an employee must provide his work book. Exceptions are the first employment, when the person has not worked anywhere before, as well as the loss of a document.

In any of these cases, the employer must create a book for the employee. It will be stored in the organization.

Also, when entering information into the book form, you must fully comply with the established standards. Any violations may lead to the recognition of entries in the document as invalid.

Also see “The entry in the work record is invalid: how to correct it (sample).”

Employer action algorithm

To protect themselves, HR specialists need to know how to act in different situations.

If an employee appears on the last working day and receives documents, the fact of their timely delivery is recorded in the work record book and personal card.

If the employee does not come for the document, the personnel officer documents this fact and puts a mark on the time sheet. After this, the citizen should be notified of receipt of the work book in connection with the dismissal in person or offered to agree to have it sent by mail.

In the rules for maintaining and storing work books, approved. By Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, there is no clear information about which address to send the notification to. Most often, the letter is sent to the address indicated in his personal card. But if the employer has other addresses provided by the employee, the notification is sent to all available addresses where the citizen may reside. This indicates that the manager has taken all possible measures to transfer the documents.

If the resigned employee ignored the notice to appear for the work book and did not respond with written consent to send it by mail, then the document is stored in the personnel department of the enterprise in a specially designated safe until it is issued to the employee. The established shelf life is 75 years.

IMPORTANT!

If you did not send a letter to the employee about receiving a work book upon dismissal or did not receive written consent to send it by mail, sending papers is a violation of Art. 84.1 Labor Code of the Russian Federation.

If a person agrees to be sent by Russian Post, a registered letter is issued with a list of the contents and a notification of delivery. And you should not save on such additional services as an inventory of the attachment and notification of delivery of the item. Judicial practice shows that this will help prove the employer's fulfillment of his duties. A specific example is the appeal ruling of the Sverdlovsk Regional Court dated 09/07/2018 in case No. 33-15689/2018. From the case materials it follows that the employee asked to send him documents related to his work activities by mail. When the letter arrived, there was nothing in the envelope. On this basis, the employee went to court and demanded compensation. The employer had to pay: the court was provided with a receipt for sending the letter, but there was no evidence that it contained the former employee’s work book, since an inventory of the attachment was not compiled when sending.

Answer

Answered by Irina Labutina, expert on labor and employment.

1) Yes, if an employee refuses to receive a work book, then draw up a special notice and send it to the employee by letter of notification or in another way that allows you to prove the fact of sending.

In the notice, indicate that he must appear for the work book or agree to have it sent by mail. You can also include in the notice all other documents that you must provide on the day of dismissal.

The Ministry of Labor changes the deadline for paying vacation pay

From the day on which the notification is sent, the organization is released from liability for late issuance of a work book (Part 6, Article 84.1 of the Labor Code of the Russian Federation).

It is impossible to send a work book by mail without written consent (letter of the Ministry of Labor of Russia dated April 10, 2014 No. 14-2/OOG-1347).

2) If the organization pays wages in cash, then the employee must be notified in writing of the need to collect the debt. If you have bank card details, you can transfer it to it. You can send funds by postal order to the registered address at the place of residence of an individual. For late payment of the final payment upon dismissal, the employer is obliged to pay the former employee interest in an amount not less than 1/150 of the key rate in force at that time. It is safer to pay interest, even if the organization is not at fault.

Rationale

From the recommendation of Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

What to do if it is impossible to issue a work book and other documents on the day of an employee’s dismissal?

It happens that it is impossible to issue a work book and other documents to an employee on the day of dismissal. For example, he refuses to receive papers or is completely absent. Then draw up a special notice and send it to the employee. By letter of notification or other method allowing you to prove the fact of sending. In the notice, indicate that he must appear for the work book or agree to have it sent by mail. You can also include other documents in the notification: a certificate of the amount of earnings in the form approved by order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n, copies of information in the SZV-M form and all those papers that the employee previously requested in writing.

This is the only way to fulfill the requirements of Part 5 of Article 80 of the Labor Code of the Russian Federation, Clause 3 of Part 2 of Article 4.1 of the Law of December 29, 2006 No. 255-FZ, Part 4 of Article 11 of the Law of April 1, 1996 No. 27-FZ. From the day on which the notification is sent, the organization is released from liability for late issuance of the work book. This is stated in Part 6 of Article 84.1 of the Labor Code of the Russian Federation.

If the employee, upon receiving the notification, agrees to send the work book by mail, do so. The employee's consent must be expressed in writing. Such clarifications are contained in the letter of the Ministry of Labor of Russia dated April 10, 2014 No. 14-2/OOG-1347.

As a general rule, a work book must be issued within three working days from the receipt of a written request from an employee who was not issued a document after dismissal. This deadline must also be observed if the work book is sent by mail. Start counting from the moment you receive the response letter to your notice or other written statement from the employee. This follows from Part 6 of Article 84.1 of the Labor Code of the Russian Federation.

From the recommendation of Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

How to file a voluntary resignation

Question from practice: is the employer obliged to re-send the employee a letter notifying him of the need to pick up the work book if he did not receive the first one. The letter was returned

The answer to this question depends on the reason why the employee did not receive the first notification letter.

If the employer made a mistake in the address and for this reason the employee did not receive the letter, then re-sending is mandatory (Part 6 of Article 84.1 of the Labor Code of the Russian Federation). Moreover, liability from the employer is removed only after sending the second correct notice.

If the addressee was indicated correctly and the letter arrived at the address, but the employee himself did not want to receive it, then in such a situation the employer is not responsible. He fulfilled his notification obligations from the moment the first letter was sent, provided that all the data in it, in particular the address, was indicated correctly (Part 6 of Article 84.1 of the Labor Code of the Russian Federation). The employer may, but is not required to, send a second notice. The courts take a similar position, see, for example, the appeal ruling of the Astrakhan Regional Court of March 4, 2015 No. 33-600/2014.

Arbitrage practice

Judicial practice in this area is contradictory. According to the Appeal ruling of the Supreme Court of the Republic of Mari El dated July 24, 2018 in case No. 33-1207/2018, an employee can claim compensation only if he proves that:

• tried to find a job without a book;
• potential employers refused him due to the lack of a document on work experience.

Similar conclusions are contained in the Appeal Ruling of the Voronezh Regional Court dated 02/08/2018 in case No. 33-988/2018, the Appeal Ruling of the St. Petersburg City Court dated 04/04/2017 No. 33-6200/2017 in case No. 2-4428/2016, the Appeal determination of the Nizhny Novgorod Regional Court dated 02/06/2018 in case No. 33-771/2018, other decisions.

But there is another position. For example, in the Appeal ruling of the Sverdlovsk Regional Court dated November 9, 2017 in case No. 33-19615/2017, it is stated that failure to issue a book in a timely manner is a circumstance that deprives an employee of the opportunity to find a job. And no other evidence, including notification of receipt of the work book by mail and a response to it, is required to receive compensation for the delay of the document. This approach is in the Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated September 27, 2016 in case No. 33-19280/2016, the Appeal ruling of the Samara Regional Court dated March 15, 2016 in case No. 33-2471/2016, and other decisions.

In what cases is it compiled?

Despite the fact that a work book is a fairly important document, not every citizen who quits his job strives to pick it up on time. This may be due to various circumstances.

It is important to note that the employer’s responsibilities include the prompt issuance of work permits. Specifically, within 3 days from the date of dismissal

What to do in a situation where a former employee simply does not show up to collect the document? It is for such cases that appropriate dismissal is provided.

If, after the expiration of the period established for the issuance of labor documentation, the resigned employee does not come to collect the book, the management of the enterprise must issue and send a special notification.

The purpose of sending it is a reminder of the need to pick up the document.

The topic of sending notifications deserves special attention. This need is due to the fact that if the deadlines for issuing documents established at the legislative level are violated, the employer faces a fine.

In order to avoid questions from the authorities conducting inspection activities, it is necessary to send the notice in such a way that the employer has confirmation that it was sent.

For this purpose, it is best to send a notification by registered mail with an inventory of the contents.

In addition, care should be taken to receive a notification confirming that the citizen received the notification.

It is also worth considering that in some situations, a representative of a dismissed citizen can pick up the work permit.

For example, if he was drafted into the army or sent to prison.

A prerequisite for this is that the representative of the resigned citizen has a power of attorney, drawn up accordingly. Upon receipt of written consent for this action, the labor report can be sent by mail.

How to register if you need to pick up a document?

A notification of this type is issued in a free format. There is no standardized template for its preparation in the regulatory documentation.

When writing text, it is important to follow the company’s generally accepted document flow rules. If available, you can use the organization’s letterhead for writing.

If available, you can use the organization's letterhead for writing.

The structure of the document might look like this:

• name, details of the company;
• serial number of the notification;
• Date of preparation;
• initials of the recipient (employee whose employment relationship was terminated);
• exact address of the addressee;
• Title of the document;
• The direct text of the appeal is a request to pick up your work book;
• date of dismissal;
• offer to receive labor by mail;
• initials, signature and position of the specialist who completed and sent the written information;
• organization seal (if available).

In most cases, the preparation of notifications of this type is carried out by employees of the HR department, because it is these specialists who are responsible for preparing the labor documentation of employees.

The notification must be prepared in 2 copies. The first is sent to the recipient, the second is filed in his personal file.

The main method of transmitting notification is by mail.

It is important to keep in mind that it is strictly prohibited to send your work book immediately along with the notification document. This action may be considered a violation

You can send the work report only after receiving the written consent of the employee

This action may be considered a violation. You can send the work report only after receiving the written consent of the employee.

It is important not to forget and ensure that when the addressee receives the notification, the company receives a corresponding notice. If such paper is available, the employer will be able to prove his case in court proceedings

If such paper is available, the employer will be able to prove his case in court proceedings.

The document was returned to the employer: to store it or not to store it

Let’s say an employee received a notification that a work book was sent by mail and agreed to the employer’s offer, but for some reason was unable to pick up the documents from the post office. They return back to the employer. If this situation happens in your organization, will you keep the papers?

And the employer from Bashkiria first took the documents of the former employee and then lost them.

After some time, the ex-employee appeared and began to demand either a document or a duplicate. He also went to court with a claim for payment of moral damages and recovery of the average monthly salary for the days of forced absence.

The Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Bashkortostan stated: after the employer sent a notice - a letter to the employee about the need to pick up the work book - and received consent to send it by mail, he is not responsible for the documents. The judges did not satisfy the demand to pay lost wages due to the fact that the ex-subordinate did not take a document from the department. And compensation for moral damage was supported, although the amount was reduced by 20 times compared to the claim (see Appeal ruling dated June 27, 2019 in case No. 33-12901/2020).

As a result, the employer paid the former employee moral damages (5,000 rubles), paid the costs of a representative (7,000 rubles) and spent on paying state fees for considering claims. And if I had kept the documents of the former employee, I would not have incurred any additional expenses.

We make a note of dismissal

After the employee has written a letter of resignation, the corresponding order has been issued and the personal card has been closed in the work book, you need to make an entry about the dismissal of your own free will. The content of the entry will be as follows: “The employment contract was terminated at the initiative of the employee, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation (clause 15 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, clause 5.2 of the Instructions, approved by resolution of the Ministry of Labor Russia dated October 10, 2003 No. 69).

This entry must be entered in the “Job Details” section, indicating its serial number, the day the employee was dismissed and the details of the dismissal order. After this, the entry made must be certified by the signatures of the employee and the personnel specialist responsible for maintaining work books. If the organization has a seal, then it must be attached to certify the entry made (for more information, see, “Entry in the labor record upon dismissal of one’s own free will: sample”).

Labor document of a foreign citizen: send by mail or not

The rules for issuing a work book upon dismissal, approved by law, require that the book be given to the employee for signature on the last working day. If a person does not come for the document himself, the employer prepares a notice of the need to obtain it and at the same time offers to send it by mail. With the consent of the owner, the papers are sent by valuable mail. But if the employee lives outside the country, does he need to send them by mail?

The Ministry of Labor and Social Protection of the Russian Federation believes that this is not only not necessary, but also prohibited by law. In a letter dated September 17, 2019 No. 19-1/OOG-210, officials recalled that there is now a procedure for the export, transfer and request of personal documents of Soviet and foreign citizens and stateless persons from the USSR abroad, which was approved by USSR Law No. dated June 24, 1991 2261-1. It follows from it that neither work books, nor military ID cards, nor identity cards can be sent abroad. In this case, the employer has the right to refuse to send documents about the length of service to the resigned foreign employee, but must keep them “until required”.

How to formalize dismissal in a work book

At the end of the employment agreement, all notes made on the form are certified by the signature of the responsible person, the employer, the seal, and the signature of the employee. In cases where the book was kept in two languages ​​(Russian and the language of the republic), both versions are certified. The wording of termination of employment relations must comply with regulations and have a reference to them: provisions of the Labor Code (Articles 84, 83), Federal Laws.

Attention! Upon dismissal, the employee signs the order, the movement record book and the personal card. An employee has the right to refuse to receive a book upon dismissal if he does not agree with the wording or discovers an inaccuracy

Upon his written application, the employer is obliged to issue a new form in which all previous entries are duplicated. The period during which the employee did not receive the document due to the fault of the employer is considered a working period. The dismissal record is recorded as invalid. When a document is issued, a new entry is made based on another order. The time interval between orders is paid according to the salary and tariff schedule

An employee has the right to refuse to receive a book upon dismissal if he does not agree with the wording or discovers an inaccuracy. Upon his written application, the employer is obliged to issue a new form in which all previous entries are duplicated. The period during which the employee did not receive the document due to the fault of the employer is considered a working period. The dismissal record is recorded as invalid. When a document is issued, a new entry is made based on another order. The period of time between orders is paid according to the salary and tariff schedule.

On the last working day, the employee may not sign the dismissal order and receive the book. The fact of refusal is activated and confirmed by the signature of three witnesses.

If it is impossible to complete the dismissal procedure due to the employee’s absence from the workplace, a note is made in the accounting report card. If the dismissed employee does not show up within 3 days, he is sent a notification about the need to obtain a work book upon dismissal.

What legal norms govern

The entire procedure for terminating an employment contract with an employee is strictly regulated by the Labor Code. This is done to prevent abuse on the part of the employer and employee when terminating the employment contract.

The work record book is transferred to the employer for safekeeping upon hiring an employee (based on Article 65 of the Labor Code of the Russian Federation). The employer is obliged to issue the document only after terminating the employment contract with the employee.

The employment contract is terminated either at the initiative of the employer, or at the request of the employee, or by agreement of the parties. But regardless of this, the general dismissal procedure applies. According to Art. 84.1 of the Labor Code, an employee must receive on the last working day all the money he earned during the period of work (in particular, salary, compensation for unused vacation and, if provided, severance pay).

On the last day, the employer gives the employee all documents related to his work activities. The most important of them is the work book. It is given to the employee, and he needs to sign it in a special accounting journal. Failure to issue a work book is unacceptable and is a violation of labor legislation.

In addition to the Labor Code, the procedure for maintaining, storing and filling out work books is regulated by the Rules of Government Decree No. 225 and the Instruction of the Ministry of Labor of 2003.

According to clause 36 of the Rules approved by Government Decree No. 225 of 2003, the former employee must be sent a written notice of the need to obtain a work book if he did not do so upon dismissal.

How to write a notification letter

It should be said that a document such as a notification of receipt of a work book does not imply a single regulatory standard; however, it must be drawn up within the framework of the rules for conducting business correspondence in compliance with the necessary structure.

As a rule, notification of a former employee about the receipt of a work book is carried out on the organization’s standard letterhead, however, labor legislation allows it to be written by hand.

The structure of the notification letter is as follows:

1. The header of the document indicates the name and details (legal address, telephone and e-mail) of the organization acting as the sender of the notification.
2. On the right side, slightly lower in the text, the addressee's data is indicated: full name of the former employee, his previously held position, structural unit of the company, postal address of the recipient. Under this information, enter the registration number of this sample of outgoing correspondence, the type of notification letter, and the date of its sending.
3. The main part contains the essence of the notification, namely, an appeal from an authorized HR specialist on behalf of the employing company to a former employee with a call to obtain his personal document recording work activity and length of service, indicating the reason for this need (for example, in connection with the termination of an employment contract). This part of the letter must indicate the coordinates of the place and time - where and at what time the former employee will be able to pick up his work book.

When drawing up a notification about the receipt of a work book, the personnel officer must include a reminder here that in the event of an employee’s failure to appear, the employer will insist on the owner’s written permission to mail his document.

The notification letter is endorsed by the head of the organization; the name of his official position is also fully indicated here. A sample notification can be downloaded from this link.

Thus, sending a notification about the need for the timely receipt of the work book by its owner upon dismissal is a regulatory requirement that is put forward to the employer when registering the termination of the employment relationship. In case of violation of this rule, the employing company may incur administrative penalties and be required to pay a financial fine, in accordance with the provisions of the Code of Administrative Offenses of the Russian Federation.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

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Dear readers, the information in this article may be out of date. If you want to find out how to solve your particular problem, call:

• Moscow.
• Saint Petersburg.

Notice deadlines

As for the terms of dispatch, they vary depending on the nature of the debtor’s obligations. Thus, Law No. 229-FZ does not establish a specific deadline for sending a notification, indicating only that it is necessary to inform the bailiffs of the relevant information and return the writ of execution immediately (Part 4 of Article 98 of the Law of October 2, 2007 No. 229-FZ).

If the debtor paid alimony, then the procedure for sending a notice of dismissal to the bailiffs and the collector is defined in the Family Code of the Russian Federation and is three days (Part 1 of Article 111 of the RF IC). However, this article does not indicate the deadline for returning the writ of execution.

Thus, in order to avoid any contradictions, it is recommended to send notice of dismissal and a writ of execution on the day of termination of the employment contract or the next day after dismissal.