True, until recently there was a ban on issuing employees their work records, except in cases related to the direct dismissal of employees.
Today things have changed a little for the better.
The amendments made to the labor code establish the ability of an employee in some other life situations to ask the HR department to issue him a work permit.
In this article, we will look at all the reasons for issuing work permits, introduce you to innovations in the field of labor legislation, and finally find out exactly when an employee can demand his work permit and when it is impossible to refuse him.
Regulatory documents
As you know, the first and most important legislative act in the sphere of labor relations is the labor code of our country. It contains all the fundamental rules and requirements on which all labor law is based. The Labor Code did not ignore the issue of issuing work books.
A few years ago, the only article that reflected the procedure for issuing work permits was Article 62 , which states that upon dismissal, the employer or HR department employee issues a work permit to the employee, and can also provide other documents.
Today, changes have already been made to this article, and the updated labor code entered into force on January 1, 2015.
Article 62 has added the basis that the HR department employee and the employer must also issue a work book to the employee if the employee has drawn up a corresponding application. Then the responsibility for storing and returning the work book falls entirely on the shoulders of the employee, including in the event of the employee losing the work book.
But, unfortunately, the innovations were not reflected in any other regulatory legal acts except the labor code.
The most important regulations, which specifically related to the issue of storing work books and filling them out, did not change their articles even in part.
But let’s hope that soon changes will be made to the instructions for filling out work books for HR department employees, as well as to the rules for maintaining and storing work books, which are enshrined in Resolution of the Government of our country number 225.
Below you see the text of Art. 62. Labor Code of the Russian Federation:
Transfer of documents upon dismissal
The general rule, which is the employer’s obligation to issue the original work book on the employee’s last working day, while simultaneously making all the necessary calculations (vacations, wages, benefits, etc.), has already been discussed above. Now let's move on to alternative options provided in case it is impossible for the owner of the document to appear in person.
One of them is a detailed power of attorney, which allows another person to undergo the procedure. There are no restrictions on the circle of chosen ones by law, so all that remains is to come to an agreement with your friends and fill out the documents correctly.
In addition, there is a procedure described in Article 84.1 of the Labor Code of the Russian Federation. It consists of the mandatory sending by the administration to the former employee of a notice of the need to appear to receive a document or to give consent for its delivery by mail, if the latter did not appear to make payments on the required day. This point is associated with the termination of the employer’s responsibility for the safety of the work book and the delay in its issuance.
A citizen has two options: respond with written consent and wait for the document at the post office, or appear in person within the next 75 years. This is exactly how long, in accordance with the order of the Ministry of Culture dated August 25, 2010 No. 558, the work book should be kept by the responsible person.
In what cases is an employee issued a work book? Is the employer obliged to issue a book?
The employer, in accordance with the new edition of the Labor Code, is obliged to hand over to the employee his work book based on an application, but only if the reason for issuance is justified and acceptable.
If previously the only basis for issuing a work book was dismissal, today such a basis is a simple statement. Of course, not every application can be the first step towards issuing a work permit . The application must state the correct reason.
Such a valid reason includes providing a work record book to a pension fund. For example, an employee wants pension fund employees to calculate his work and insurance experience. To do this, he writes an application and picks up the work book. Read more here.
Also, the basis for issuing a work book to an employee who continues to work is the placement of a part-time job. The employee must provide a labor document to the second organization to set a date for hiring part-time work. Read here why you can’t apply for a second work book for part-time work.
Another reason is to submit the labor report to the court hearing. For example, when there is some kind of dispute related to labor relations.
There can also be a lot of reasons for issuing a work permit, and they are all individual. But, unfortunately, it won’t be possible to get a job just out of idle interest.
Results
Mostly, pressing issues regarding work records . Each question was answered, and situations in the manifestation of certain aspects were considered. These are typical tasks that every employer and employee should know about.
Don't panic or get upset if you don't have or don't have a work book. There are many opportunities to restore it, start it, make a duplicate, or pick it up from your place of work.
Guided by the articles of the Labor Code of the Russian Federation, quite weighty arguments on the basis of which an employee of any enterprise has the right to address the problem that has arisen.
Step-by-step instruction
Of course, obtaining a work permit is impossible without following the appropriate steps. So, it is necessary to clearly familiarize yourself with the provided action plan and glean the necessary information from it, as well as study the so-called nuances.
Perhaps, thanks to our article, you will forever understand the process of obtaining a work book in your hands and educate a large number of citizens on how to correctly carry out such an action. So, let's get started.
- Of course, in order to get your work book in your hands, you need to go to the HR department.
- There you must warn the employee that you will soon appear for a work permit, and you can also ask for a sample of an application for obtaining a work permit.
- If you wish, you can tell the HR employee the reason so that he can help you formulate it correctly in the application.
- Now you must draw up an application on A4 sheet , using the sample or advice received from the HR department employee.
- Next, the application is submitted for consideration either to the employer or to a personnel department employee.
- If the reason for obtaining a work book is logical and valid, then the HR department employee must also perform a number of actions.
- The work record book is extracted from the employee’s personal file.
- In the book of movement and storage of labor , which is kept by the HR department employee, a corresponding entry is made about when the labor was issued to the employee, for what reason and for what period.
As a rule, the period is discussed individually with the employee, depending on the reason why the work book is removed from the personal file. - His application for the issuance of a work permit is sent to the employee’s personal file.
At this point, the procedure for issuing a work book is completed. But, despite the fact that we examined in detail the complex procedure for issuing a work book, some questions remained unanswered and a number of nuances were not considered.
Is it possible to receive someone else's work book by proxy?
Receiving a work book by proxy is only agreed upon if the employee is fired and cannot obtain such an important document himself. A representative from an employee comes to the organization and receives a work permit, providing a power of attorney signed by the employee for review.
But as for the issue of granting a power of attorney to obtain employment for another reason, the question remains open. The legislator in his articles does not prohibit this action or permit it.
Therefore, the HR department employee or the employer must independently decide whether they will take such a risk as issuing a work book by proxy.
Power of attorney to receive a work book by another person - sample form.
Issuance of copies and extracts
The employer is required to issue copies of documents related to the work activities of citizens in the organization. This is carried out upon a written application from the employee, drawn up in free form. It may be similar to the example above, only you should ask not for the work book itself, but for a copy or an extract from it. The organization is given 3 days from the moment the representative of the enterprise receives the citizen’s appeal.
It is important to know! Most often, this procedure is used when a person enters into a relationship with a banking organization. It is she who requests documents confirming employment in order to assess the risks when issuing a loan, concluding a mortgage agreement, and so on.
How to make an application correctly?
The issuance of a work book begins with the preparation of an application. It is a correctly drawn up document that is the key to the fact that you will be given a work permit, but how to draw up an application correctly, since the legislator has not provided an established uniform form for this?
The first step is to contact your organization's HR department. Find out how to fill out this application and if there are any rules or guidelines. If they tell you that such a statement is drawn up in any form , feel free to start drawing it up. If there are rules, remember them well or draw up an application under the close supervision of a personnel department employee.
But we will analyze the first option, where the application is drawn up arbitrarily, because in fact, even if the organization has its own requirements for the application, they are not generally binding for all employees.
So, let's start with the fact that the application is drawn up on A4 sheet. In its right corner is written the name of the organization, as well as the name of the employer, because it is him who the employee addresses through the application. Also in the same right column, the employee indicates his position, as well as his first and last name.
In the middle of the line the word statement is written in capital letters . Then they begin to explain the reasons why the employee suddenly needed a work book.
If there are links to articles and legislative acts, they must be indicated. It is also necessary to write a statement, citing truly worthy reasons.
At the end of the application, the date and signature of the employee are placed. If the application is accepted by the HR department, it will be stamped with the organization's seal.
Also, the general rules for filling out an application are the absence of errors, writing in clear, neat handwriting or printing on a computer.
Registration of a duplicate
Sometimes you have to make a new document. Registration of a duplicate is possible only in cases strictly provided for by regulatory legal acts:
- Loss caused by the fault of an employee or employer (persons responsible for storing documents in the organization).
- Loss of a massive nature due to natural disasters, catastrophes and other force majeure circumstances.
- Deterioration due to external influences (breakthroughs, burning, irremovable stains, etc.).
- The record of dismissal or transfer was declared invalid. In this case, a duplicate is required only at the request of the employee.
Restoration is the responsibility of the company, and if, for example, the loss occurred during a period of unemployment, the responsibility of the last former employer. For this purpose, 15 days are given from the date of receipt of the application. The information to be entered is collected independently by the employee (extracts from various archives, old employment contracts and other sources of information).
The difference from the original will be the marking “duplicate” on the title page, as well as the absence of numbering of records up to the new place of work.
How to record the fact of transfer of TC and is it necessary to do so?
The fact of transfer of the work book is recorded in three documents. The first is an application, because putting the organization’s seal on it indirectly indicates that the application has been accepted and now the work permit will be issued in the near future.
The book for recording the storage and movement of work books also notes the fact of transfer to the employee of the work record with his corresponding signature.
Some employers and HR department employees also require employees to provide a receipt indicating that the work book was issued.
Does the pension fund have its own database?
The Citizens Pension Insurance Fund has in its arsenal a fairly complete set of information about the employee. It is updated with new information in accordance with the fact that this or that employee voluntarily and directly deducts the amount determined by legislative standards from the funds he earns.
These data are the property of pension funds. However, this is not enough. Recent legislative requirements have ended the emerging controversy on this issue. Confirmation of work experience in accordance with entries in the Labor Code is recognized as a necessary element of each employee’s retirement.
This suggests that the state system intends to prevent the possibility of situations arising in which unaccounted experience will be revealed, or it will be lost, which will call into question the fulfillment of the constitutional rights of every working citizen.
Work experience is calculated only in accordance with labor records.
In cases where they are in doubt or are not properly documented by the employer, the employee will have to confirm them by submitting additional documents.
Receipt of receipt of the work book in hand - what is it, how to draw it up?
The receipt is drawn up with an arbitrary signature. On a piece of paper, the employee writes his initials, number and series of the passport and promises to return the work book on such and such a date. The employee himself also signs the receipt.
The receipt is sent to the employee’s personal file and, if returned on time, the receipt is simply destroyed.
Receipt for receipt of the work book in hand - sample.
The employee does not return the work book - what to do?
Unfortunately, unscrupulous employees often come across. They do everything possible to frame the employer or, on the contrary, they do it unconsciously. One way or another, the employee did not return the work book - what to do in such a situation.
The first measure of influence is the request of the employee to fulfill the promise . If an employee does not provide labor on site within a week, then do not be upset. The employer can go to court and, by presenting a receipt or entry in the work record book, will win the case, but the unfortunate employee will be fined and possibly fired.
Therefore, if you are going to commit a similar act as an employee, think ten times whether you need court hearings.
