Application to send a work book by mail sample

11.08.2019
0

4190

8 min.

According to the current law, any employer, when dismissing an employee, is obliged to formalize the termination of the work contract and make a payment. In practice, a situation often arises when a subordinate, for a number of reasons, was unable to appear and personally pick up the required papers on the last working day. In such cases, a procedure such as sending a work book by mail upon dismissal is launched. It has a number of nuances that require special attention.

trudovaya_pochtoy.jpg

Related publications

On the last working day of a resigning employee, the employer must pay him and give him a work book (Article 84.1 of the Labor Code of the Russian Federation). No applications from the employee are required to obtain a work permit, because This is the employer's obligation established by law. But what if the quit employee did not pick up his or her work in a timely manner? Is it possible to send a work book by mail? We’ll find out in our article.

Regulatory framework

All interactions between an employer and an employee are regulated by laws and other legal acts.
We list the main documents and laws related to labor relations between employer and employee:

• Labor relations that arise between an employed citizen and an employer are regulated by the Labor Code of the Russian Federation. This document has priority over other normative and legislative acts.
• The rules for filling out, storing and issuing work books, as well as the rules of liability for violation of such rules by the personnel department are regulated by Decree of the Government of the Russian Federation No. 225 of April 16, 2003 “On work books”.
• The rules for sending by mail and transferring documents are established in the order of the Ministry of Telecom and Mass Communications of Russia No. 234 dated July 31, 2014.

The employee did not take away the labor - the employer's responsibility

For the employer, such a situation is fraught with administrative punishment, even if it is not his fault for not issuing the document - after all, the employee could not show up for work on the last day, refuse to receive a work permit, etc. The Code of Administrative Offenses of the Russian Federation establishes a fine of 1000 – 5000 rubles. for individual entrepreneurs and officials, and for companies 30,000 - 50,000 rubles. Also, the employer will have to compensate the employee for the average earnings he did not receive, since he did not have a work permit in hand, which means he was deprived of the opportunity to get a new job (Article 234 of the Labor Code of the Russian Federation).

Basic procedure for dismissing an employee

The procedure for terminating an employment contract consists of several stages, each of which is documented.

1. An order of dismissal is issued, which indicates the basis for such an action (article of the Labor Code of the Russian Federation).
2. The document is sent to the subordinate for review in writing against signature (the date is also indicated), and then to the personnel service for its registration in a special accounting journal.
3. An act is drawn up if the employee refused to recognize the order as valid.
4. Recalculation of earnings, compensation payments for vacation, bulletin, and severance pay is carried out.

Attention! On the last day of work, the following are issued: a work book, copies of certificates and other documents necessary for employment in a new place, accrued funds.

Sending a work book by mail upon dismissal

To avoid such a development of the situation, the employer must protect itself by sending the former employee a notification as quickly as possible that he needs to appear at his former job to receive a work book, or give his written consent and application to receive a work book by mail (send the work book without consent of its owner is not possible). In this case, the employer is relieved of responsibility for late issuance of the document (Article 84.1 of the Labor Code of the Russian Federation). We talked about how to draw up such a notice in our article earlier, but here we will look at what an application for the return of a work book by mail from an employee should be.

How to pick up from another city?

If an employee left the city and only later realized that his work book remained with the employer, there is no need to despair. In this situation, there are two options, one of which you can use.

The first option is the opportunity to send the employee a representative in his place with a power of attorney drawn up by a notary. Of course, this method is very expensive, because you will have to pay for the power of attorney.

But an employee can also ask the employer to send him a work report, and according to the rules of the Labor Code, such an action is provided for immediately after the employee stops communicating.

We draw up an application to send a work book by mail upon dismissal

If a former employee cannot (or does not want) to come pick up a work permit, he sends a letter to the employer asking him to send the document to him by mail, expressing his consent to forward it. There is no single form for such an application; it is drawn up arbitrarily, but it must contain certain information.

In the letter, the former employee must indicate the following:

name and address of the organization - employer (full name and address of the employer - individual entrepreneur);

your data (full name, address, telephone number for quick communication);

the main part should contain the phrase that the former employee agrees to send the work book by mail;

You also need to indicate the exact postal address to which the employer should send the document.

You can write an application either by hand or on a computer. At the end you must put your own signature and date of writing. The application is sent by mail to the employer's address (preferably by registered mail with acknowledgment of receipt) or transmitted in another way (in person, by courier, etc.).

Employer's actions

There are several actions that an employer must take:

1. Termination of an existing employment relationship for one of the legitimate reasons. For example, dismissal is carried out by agreement between the employee and the employer, due to the commission of a disciplinary offense, and so on, in this case there will be no difference for the subsequent procedure.
2. An attempt to hand over a document in person. This must be done on the first day after dismissal. Refusal to receive in practice occurs mainly when there is disagreement with the fact of dismissal or with its reasons.
3. Sending a notification of receipt of the book to the employee. If this step is not completed, the employer will face significant consequences, for example, in the form of having to pay wages before actually delivering the document to the employee.
4. Obtaining documented consent for shipment. Without such consent, the procedure cannot be carried out and the book remains in the custody of the employer.
5. Sending the book by mail. Manufactured in accordance with established requirements. A simple letter is not acceptable.

Sending a notice actually frees the employer, which can be either an organization or an individual entrepreneur, from paying wages until the actual transfer of the document. It is believed that compliance with the established procedure is beneficial to the employer himself, and only then to his former employee.

The book is sent by mail if the employee agreed to such actions. It could have been submitted in advance. The HR department must send the document within a period not exceeding three working days.

Application for sending a work book by mail - sample

To the Director of Priboy LLC

Moscow, st. Svetlaya, 6, bldg. 7, off. 112

from Pavlov Ilya Semenovich

125503, Moscow, st. Rechnaya, 113, apt. 45

Tel. 8 (903) 1111234

for sending a work book by mail

In response to your Notice No. 25 dated September 05, 2021, I, Ilya Semenovich Pavlov, inform you that I agree to have my work book sent to me by mail.

Please send your work book by valuable letter to the following address:

125503, Moscow, st. Rechnaya, 113, apt. 45, Pavlova I.S.

09/14/2018 Pavlov

How to pick up a work book by mail?

When a valuable letter from the employer arrives at the post office at the address specified in the application, a corresponding notice will be sent to the former employee’s mailbox. On the back of it, the recipient's passport details are filled in, then this notice, along with the passport, must be presented at the post office. Post office employees will hand over a letter with a work book.

Online magazine for accountants

The HR department sent the work report to the former employee via a valuable letter within two days. The receipt of the document by N.I. Petrova is evidenced by a postal notice sent to the organization. All deadlines and rules for sending the document by mail were observed. The shipment is legal. Answers to frequently asked questions Question No. 1. How to calculate the period for which recovery is provided for in the event of a delay in issuing a document? The period is counted from the moment the employment agreement is denounced until the day the notice is sent to the dismissed citizen about the need to personally pick up his work book or agree to have it sent through the post office (Article 84.1 of the Labor Code of the Russian Federation). Question No. 2. In what cases can an organization keep the personal record book of a dismissed person and for how long? There must be a legal basis for storing this personal document in the organization.

The form and procedure for maintaining work books, as well as the procedure for issuing them upon dismissal, are established by the Labor Code of the Russian Federation and two other regulatory legal acts:

• Rules of April 16, 2003 (hereinafter referred to as the Rules);
• Instructions dated October 10, 2003 (hereinafter referred to as the Instructions).

The provisions of Article 84.1 of the Labor Code of the Russian Federation oblige the employer to issue a work book to a resigned employee and regulate the procedure for such issuance. In particular, this norm establishes that the corresponding obligation arises for the employer on the day of termination of the employment contract. This day is the final day of the employee’s work with this employer. On this day, the employer's personnel service makes an entry about the dismissal in the work book and hands it over to the employee.

To the employer: how to correctly send a work book by mail

Having received consent for forwarding, in order to be sure that the work has reached the recipient, it must be sent by a valuable letter (with a list of attachments), and necessarily with notification of receipt by the addressee.

Even if the document is lost by the postal service during shipment, the sender will have proof that he fulfilled his obligation to return the work book. This confirmation is served by an inventory that indicates the name of the document being sent - the work book of a specific person, and there is a postmark with the date of sending.

Read more: How to arrange a loan of money between individuals

The work book is the main standard document on the labor activity of citizens. It is started and filled out for all persons working in the organization for more than 5 days. The grounds for making entries in this personal document of a working citizen are issued orders of the employer (on hiring, denunciation of an employment agreement, etc.). In this article we will look at how a work book is sent by mail and what requirements personnel officers must comply with.

Let's sum it up

• An employee located at a distance from the employer is issued a copy of the work book in accordance with the rules for issuing any of the documents related to work. That is, based on the employee’s application, with mandatory certification, no later than 3 working days from the date of application, without payment. The application can be sent to the employer by mail or transmitted through a representative.
• The finished copy can also be delivered to the employee by mail (registered letter with notification) or through a representative (he must have a power of attorney from the employee to perform such an action). If the employment contract provides for the possibility of exchanging electronic documents, then the copy may take the form of an electronic file certified by an enhanced qualified electronic signature. The employee must indicate the method of transfer in the application.
• With the advent of an electronic method of accumulating data on labor activity, obtaining information about it for persons who have refused to maintain a work record book on paper becomes possible without contacting the employer. The issuance of such information will be carried out by all MFCs and all branches of the Pension Fund, as well as the State Services website. Over time (as the number of people with work books kept on paper decreases), the paper work book will cease to be used at all and the need to make copies of it will disappear.

The work book is the main standard document on the labor activity of citizens. It is started and filled out for all persons working in the organization for more than 5 days.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The grounds for making entries in this personal document of a working citizen are issued orders of the employer (on hiring, denunciation of an employment agreement, etc.).

In this article we will look at how a work book is sent by mail and what requirements personnel officers must comply with.

Work book standards

The current legislative framework for work books is represented by two legal acts.

production, maintenance, storage of labor

format of the labor movement accounting book and inserts for them;

receipt and expense book format

For the entire period of validity of the employment agreement until its denunciation, this personal document of the citizen is stored in the personnel department. On the final day of work (the date of denunciation of the employment contract), it must be given personally to the owner. Having received it in hand, the latter must sign the personal card and account book. This procedure does not apply when the dismissed person did not actually work, but his position was retained (Article 84.1 of the Labor Code of the Russian Federation).

The following reasons are not an obstacle to extradition:

• the bypass sheet is missing or not signed;
• payment has not been made to the employee.

For late delivery, the employer (if it is his fault) is obliged to compensate the dismissed employee for the period of delay. Responsibility for delays is removed from the employer when the final day of work and the date of denunciation of the contract according to the registration for dismissal do not coincide for the following reasons:

• gross violation by a working citizen of his duties once (Article 81 of the Labor Code of the Russian Federation);
• a court verdict, according to which the worker has been sentenced to punishment and therefore cannot continue to work (Article 83 of the Labor Code of the Russian Federation).

The same rule also applies when dismissing a pregnant woman whose employment contract was extended until the end of her pregnancy or maternity leave.

To organize personnel records in a company, beginner HR officers and accountants are perfectly suited to the author’s course by Olga Likina (accountant M.Video management) ⇓

Basic Concepts

Every employed citizen of the Russian Federation has the right to quit and change jobs. The procedure for processing and returning documents is regulated by Resolution No. 225 of April 16, 2003 and No. 69 of October 10, 2003. The legal procedure requires compliance with the procedure for terminating an employment contract. Therefore, the grounds for terminating legal relations between an employer and a subordinate are set out in Chapter 13 of the Labor Code of the Russian Federation. These include:

• agreement of the parties and circumstances beyond their control;
• expiration of the work contract;
• employee leaving on his own initiative;
• refusal to work due to a change in job functions or for health reasons;
• violation of clauses of the employment agreement.

According to paragraph 1 of Article 84, which regulates the general procedure for terminating an employment contract, dismissal is formalized by order of the manager. At the request of a subordinate, he is obliged to issue all necessary settlement papers, as well as pay due monetary compensation. The same article allows for the sending of a document on work experience by mail, but only if its owner provides written consent.

Many unscrupulous citizens deliberately do not come for payment on the last day of work, hoping in this way to receive additional monetary compensation from the organization for the delay in documents. This is described in paragraph 4 of the Government Decree “On Work Books”. However, if the director correctly carries out the dismissal procedure, he can save the company from unnecessary expenses and avoid administrative punishment.

In what cases is a work book sent through the post office?

In practice, employers are often faced with situations where it is not possible to issue a work book to a dismissed citizen on the final working day. The standard reasons here are:

• a citizen’s refusal to pick it up, despite the fact that he is at work on the day of dismissal (usually when he disagrees with the reason for dismissal);
• absence of the dismissed person from work (for various reasons).

Then, according to the Labor Code of the Russian Federation, the employer has the right to initiate the transfer of the document through the post office. It is important to remember that action should be taken on the same day. The slightest delay can add not only a lot of unnecessary troubles to the employer. Illegal storage of the work book of a dismissed person, non-issuance, delay in issuing it due to the fault of the employer, etc. - all the consequences arising from this will be recognized as a gross violation of labor legislation.

There are cases when a dismissed citizen, not being able to pick up his document on the last working day, notifies the employer about this in advance. Then he is asked to write an application to send it through the post office and give it to the personnel department. The employer will be required to fulfill the stated request within three days.

In what cases is this possible?

To figure out when it is necessary to send a citizen by mail a document confirming his work experience, it is advisable to consider the common typical reasons why such situations arise.

So, sending documents after dismissal by mail is usually carried out if:

• the person leaving works in a branch of the company located in another city, and all official papers are stored in the main office;
• the dismissal was carried out simultaneously with the registration of vacation (the application was written with a request to terminate the employment relationship on the last day of vacation);
• the citizen was sent on a long business trip (internship, practice) and from there he filed a petition to terminate the employment contract, where he indicated that the work book should be sent home by mail;
• labor relations were terminated by a court verdict or on the initiative of the administration due to the discovery of facts of gross violation of labor legislation;
• termination of an employment agreement with a woman on maternity leave at her own request;
• for other reasons of remote dismissal, when the quitter himself requests it.

It is important to note that sending a work book by mail is a necessary measure for the administration when it is not possible to hand over the document to the resigning citizen personally. Or there is a written request from the employee to send the work book directly to his home by mail. The employer does not have the authority to take any initiative to mail personal materials to the employee, especially when the latter can independently come and pick them up from the company's personnel department.

A compelling reason is required to send materials by mail. Otherwise, such a fact is regarded as a delay in issuing the document with ensuing legal consequences for the employer.

The absence of a signed bypass sheet, as well as a final payment on the date of dismissal, is not a reason to delay the issuance of official papers due to the citizen. If such actions are not completed in a timely manner (no later than 3 working days), the employer may face a substantial fine. An exception may be cases when the location of the owner of the work book is unknown. Then official materials about work activities will remain stored in the company’s archive until they become in demand.

Application from an employee to send a work book through the post office

This appeal is written (or printed) by the employee in advance of dismissal in free form or according to the model provided for by internal regulations. Therefore, it is better to draw up the text of the application by contacting personnel officers. The applicant must adhere to a number of general requirements.

information about the employer, employee

The completed application is left with the HR department employee. If agreed, the applicant's application is signed by the employer. Then the signed application is sent again to the head of the HR department for execution (for control). According to the law, the requested document is then sent to the applicant within three days.

Dates of issue

After making an entry in the work book upon dismissal of one’s own free will or for any other reason, the Labor Code is issued to the employee in person and against signature on the day of dismissal. Failure to issue a TC within the next three days is a serious violation. Violating this rule is fraught with troubles that the situation with the abandonment of work can bring from the most unpredictable side.

On the last working day, it is imperative to issue a document to the resigning person, regardless of the grounds on which the industrial relationship was terminated.

For this:

1. The employee is required to be present at the workplace until the end of the working day or, at a minimum, until the receipt of the Labor Code.
2. He was warned in advance about the terms and conditions of the transfer of the TC into his hands.
3. I approached the HR department employee (employer) on my own.
4. Check the completion of the receipt and expenditure book for accounting of work book forms and sign in it to confirm receipt of the Labor Code. The seal for the work record book must not be broken.

The absence of the listed actions, especially on the part of the violator of discipline, dismissed for punishment, forces the employer to accept someone else's responsibility. As a result, the person who was obliged to issue the document will be guilty, and not the one who should have taken it.

If by the evening of the last day of work, no one shows up for the TC, the employee authorized to issue it is obliged to take action and be active .

His initiative necessarily compensates for the inaction of the former employee. Taking measures consists of notifying the person of the obligation to pick up the document.

Instructions on how to send work through the post office?

The employer has the right to send the work book through the post office with written consent. Such permission must be obtained from the dismissed person in the absence of an application from him (with a request for forwarding). The form of expressing consent is close to a receipt. It must contain the citizen’s personal passport data and permission to send the document by mail. Then the employer’s signature and seal is placed on the receipt. The procedure for sending through the post office is provided for by the Labor Code and is the same for all employers.

a copy of the act is given to the employee against signature (if possible)

includes requirements for the dismissed person: to come for the document in person or agree (in writing) to send it through the post office

Read more: What is the article for beating a person of moderate severity?

It is advisable to fill out the delivery form

sent by a valuable letter with an attached inventory (2 copies) and a delivery form

sending by mail indicating the date of delivery;

details of the postal notification of the employee’s receipt of the document

Before forwarding, it is recommended to make a copy of the document you are sending in case it is lost. A work book that is returned or not sent after notification is left for storage in the organization until required. If the dismissed person did not give written permission to send it, and did not show up, the employer also has the right to leave the document for storage, then transfer it to the archive.

Is the consent of a dismissed employee required for forwarding?

This document refers to types of documentation that provide for special storage and transfer standards. Therefore, here it is required to follow the established procedure, according to which forwarding is allowed only with the consent of the owner of the work.

Such consent must be obtained only in writing, with official wording, from which it is clear that the owner of the document requests it to be sent to the address specified by him.

The request can be expressed:

• separately written wording in the resignation letter - after the text that expresses the request for dismissal, indicating the grounds and deadlines.
• A separate statement that is attached to the resignation letter or submitted separately after the dismissal procedure has been completed.
• Transmitted by telegram, with confirmation of the sender's signature by the telegraph operator.

The wording may be as follows: “Please send the work book by post to the specified address (address is indicated).” Next, the applicant’s signature is affixed, indicating the surname and date.

Common mistakes when sending labor through the post office

A typical mistake of many heads of organizations is to send a work book on the day of dismissal if the dismissed citizen was absent and for some reason did not pick it up. Here the manager grossly violates labor laws. Such actions are unacceptable.

The employer must first send the dismissed person a notice requiring him to pick up the document in person or give written permission to forward it. By sending such a notice, the employer relieves himself of responsibility for the delay in issuing the work book. And only after obtaining the consent of the dismissed citizen, the employer has the right to send it through the post office. Then his actions will be recognized as legal.

Another common mistake is when the employer, after receiving written consent to send it, sends the work report by mail a few days later. Many people believe that if the notice has been sent and there is permission to send the work by post, there is no need to rush. But the law obliges the employer to send the document within 3 working days.

Example 1. Sending a work book to a citizen by mail upon his request

Legal department employee V.D. Dobrovolsky was dismissed according to the order of the employer on 10/11/2016 by agreement of the parties. On the last day of work (10/11/2016) he must report to the personnel officers to pick up his work book. On the eve of his dismissal, V.D. Dobrovolsky fell ill. Anticipating that he would not be able to appear on October 11, 2016 (the day the contract was denounced), the dismissed person sent a letter to the employer with his signature, which included the following information:

• inability to come to work on the day of denunciation of the contract and pick up the work permit;
• reason for non-appearance;
• a request to send the work report by post;
• your forwarding address;
• date of dismissal and application.

The appeal was drawn up correctly and sent to the employer in a timely manner. The head of the organization decided to satisfy the request and, having signed the application, gave it to the personnel department for execution. On 10/11/2016, the work book was sent to V.D. Dobrovolsky in a valuable letter with an inventory of the contents. The shipment was made legally and in compliance with the deadlines.

Example 2. Shipping to a working citizen with his consent through the post office

N.I. Petrova was dismissed by agreement of the parties on October 15, 2016. The personnel department familiarized the dismissed employee with the order. On the last working day, the employee did not show up to collect her work book, although she was present at work. Personnel officers issued a refusal in the presence of witnesses.

The employer immediately initiated dispatch through the post office, thereby absolving himself of responsibility for the late issuance of the work permit. HR staff sent the dismissed employee a notice calling on her to personally pick up the document or agree to have it sent out.

Soon, the organization’s address from N.I. Petrova received written consent to send it. The HR department sent the work report to the former employee via a valuable letter within two days. The receipt of the document by N.I. Petrova is evidenced by a postal notice sent to the organization. All deadlines and rules for sending the document by mail were observed. The shipment is legal.

Common mistakes

Below are typical mistakes made by employers when, due to unknown reasons, a citizen does not personally pick up the work book.

Errors:

1. On the date of termination of the employment agreement, the worker refused to pick up the work book, and the personnel specialist sent it by mail the very next day. The procedure is broken here. Initially, you need to send a notice to the employee inviting him to come and personally pick up the document on his work activity. An act of refusal has not been drawn up, because only after this can such an operation be carried out.
2. The document on work experience was transferred through a close relative working at the same enterprise. Also considered a gross violation. Because if the book is lost or a claim arises from a former employee, the employer faces a substantial fine.
3. An email is accepted as written confirmation of shipment. This form of communication is not recognized as official correspondence. In the future, when considering such a case, the court will consider that there was no consent of the employee.
4. After receiving the application for its forwarding, the work book was sent by regular mail. It is impossible to prove here that the procedure for sending documents was actually carried out.
5. At the written request of the former employee, the document on employment activity was transferred to his representative. Such actions are unacceptable if the representative does not have a properly executed power of attorney. An exception may be a postal courier from an official courier service.

To avoid liability for violating the procedure for issuing a work book, the document must be given directly to the owner or through official channels of information transmission, having previously obtained the written consent of the recipient.

Sending a work book by mail is carried out only in exceptional cases. It is better to persuade the employee to pick up the document themselves. This will help avoid conflicts and liability for lost documents.

Answers to frequently asked questions

Question No. 1. How to calculate the period for which recovery is provided for in the event of a delay in issuing a document?

The period is counted from the moment the employment agreement is denounced until the day the notice is sent to the dismissed citizen about the need to personally pick up his work book or agree to have it sent through the post office (Article 84.1 of the Labor Code of the Russian Federation).

Question No. 2. In what cases can an organization keep the personal record book of a dismissed person and for how long?

There must be a legal basis for storing this personal document in the organization. If, for example, after sending a notice to the owner with a request to resolve the issue of delivery of a labor response, the book is kept in the organization until required. Along with it, other documents are saved: the employee’s personal refusal, a receipt indicating that a registered letter was sent, a notice that it was returned (if any). The storage period can be up to 75 years (for the employer up to 2 years, then transferred to the archive).

Question No. 3. What is the time frame for issuing a work permit when a citizen applies and has not received it after dismissal?

Russian labor legislation defines a period of three days (Article 84.1 of the Labor Code of the Russian Federation).

Question No. 4. If an employee is absent on the day of dismissal, the act of dismissal is not certified, how should the employer act?

You should act in the same way as if a dismissed citizen refuses to pick up his work book. The former employee is sent a notice requiring him to pick up the document or agree to have it sent through the post office. If there is no reaction, the document is left for storage.

Question No. 5. Can a person pick up his or her salary after dismissal through a personal representative?

This option is acceptable if the personal representative will act on the basis of a power of attorney certified by a notary. It must indicate the right of the representative to receive a work permit and perform the necessary actions for this (for example, sign, etc.).

Read more: Civil Code power of attorney for an individual

The law establishes the obligation to hand over the work book on the employee’s last day of work. In practice, implementing the requirements of the law is quite difficult. Sending a personnel reporting document to an employee by mail will allow you to avoid liability.

In what cases is it permissible to use this method? As a rule, draw up an application for sending a document, how consent to send it is formalized. You will learn about the peculiarities of formatting letters and interaction with Russian Post from this material.

Why is it important to do this via email?

Today, Russian Post remains one of the reliable sources of information transmission, to which such right is delegated at the state level. It has its own clear internal order, which describes step by step how to act in different situations. Moreover, if the document does not find the addressee or this addressee refuses for some reason to receive it, the parcel (letter) will be returned to the department from which it was sent.

We recommend you study! Follow the link:

Rules for certifying a copy of a work record book

Thus, the employer receives a guarantee of delivery of the document to the owner or return it back for further archival storage. In any case, the risk of losing a document is reduced to zero. Postal notifications and marks are proper evidence that all functions assigned to the employer were performed in full.

Of course, sending can be carried out in other ways:

• by any available postal operator. The terms of such shipment and payment must be agreed upon in writing in advance. It is immediately advisable to require assurance from the applicant not to make claims due to the loss of documents during shipment;
• by courier. The condition is also agreed upon in writing in advance. All risks of loss of official papers here also fall on the recipient;
• through a representative. Here the authorized person will have to issue a notarized power of attorney. This is the only way the HR department will be able to issue a work book for an employee who has stopped working for the company.

The most convenient method for the employee and the most reliable for the manager is selected.

If official papers were sent by mail or other available method, it is necessary to keep all receipts, notifications, reporting forms confirming the fact of sending, when and in whose name the papers were sent. Such documents must be attached to the employee’s personal file and then kept for as long as the personal file is kept.

Such actions will help prove to the employer that he did everything correctly and confirm his words that he sent the documents to the employee if they suddenly get lost during shipment. In addition, if there are receipts and other documents confirming delivery by a method other than regular mail, the courier service can be sued for compensation for damage caused by loss of documents.

In what cases is a work book sent through the post office?

Sending a work book by mail is possible only in cases provided for by law. These include:

• being an employee in a remote office located in a different region than the company’s headquarters;
• dismissal during a business trip or internship in a remote area;
• when an employee goes on vacation and submits an application for vacation followed by dismissal;
• in other cases in practice, when it is not possible for the employee to receive the document in person.

What should I do if the employee does not come to pick me up?

If a former employee was fired for absenteeism, and he did not show up to his workplace on the day appointed for dismissal, be sure to draw up a report on the disciplinary violation he committed. He will protect you from possible attacks from him.

If he showed up for work, but forgot to come to you and fill out the documents properly, you need to contact him by the end of the working day:

• via mobile communications;
• by work phone;
• by email.

Keep in mind that by this time the work book must be completed in accordance with established standards and requirements.

If a resigned employee fails to show up to collect his/her book within three working days following the dismissal, submit a notice. The notification is drawn up in free form , but has the status of a document. It contains:

• Last name and initials of the person to whom it is addressed.
• Notification that he has been fired, indicating the date.
• Message that he was supposed to pick up TK, but did not do so.
• The requirement to pick up the document immediately.
• An offer to send the document by mail, which requires a written request from the owner of the trading company.

The notice must be drawn up in 2 copies, one of which is filed in a personal file, and the other is sent by registered mail to the resigned employee, with an inventory attached to the letter and with notification of receipt.

From the moment the notification is sent, you are relieved of responsibility for leaving the owner of your book. Keep in mind, you must have proof of notification sent, as evidenced by:

• the presence of an inventory of the attachment;
• shipping receipts;
• notifications of receipt.

These documents must be properly registered, included in the lists of incoming and outgoing correspondence, and kept in the employee’s personal file, in case claims are received from him. If, in response to the notification, you receive a written request to send it by Russian Labor Post, you will need to send it by registered mail.

Notification of receipt of a work book upon dismissal - sample.

Notification of the need to appear for a work book - sample.

What to do if they don’t hand over your work book upon dismissal - read here.

Through a proxy

A trustee may contact you with a request to receive a document instead of his relative or friend. There are frequent appeals from the wives of employees fired for absenteeism.

Their spouses, who do not come out of their drinking bouts and are dismissed on the basis of a disciplinary sanction, do not resolve issues of their own livelihoods. Under no circumstances should you hand over the document in such situations. If the dismissed employee:

• is ill;
• is located outside the city;
• unable or unwilling to approach in person,

he can make a request to a trusted person. In turn, he must provide him with a notarized power of attorney to receive the TC. Without presentation of a power of attorney, issuance of a document to third parties is unacceptable.

The issue of issuing TC to third parties, even on the basis of a power of attorney, is controversial . The issuance rules regulate only the possibility of receiving in person, without transfer. However, in some cases this may not be possible.

As a rule, personnel officers issue a document by power of attorney, and next to the record of receipt of the book, the name and signature of the authorized person and the details of the power of attorney are placed. When you must give your work book when you quit, read here.

They are guided by the fact that the Rules for issuing TC do not directly indicate the prohibition of its transfer through an intermediary. However, the Rules recommend putting only a personal signature, which is not allowed for the actions of an intermediary.

To be on the safe side, it is recommended to withdraw the one-time power of attorney, and make a copy of other types of power of attorney, filing a replacement document in your personal file.

Certificate of refusal

In some conflict situations, in response to a demand to receive documents, the employee is rude to the employer, overwhelmed with emotions and negative experiences, refusing to pick up the document. Keep in mind that after the emotions subside, he may well be able to file a lawsuit, citing failure to issue a document.

In this case, it is necessary to draw up an act of refusal to receive the book . To do this, approach the indignant employee with several (two or more) people who will testify in your favor and give a clear and consistent command to come up to receive a work book.

If in response a rude attack is made with a refusal to carry out the order, you can draw up an act. This document is drawn up in a free descriptive form, presenting a list of persons present who witnessed the fact that the specified person refused to receive the Labor Code.

The situation of refusal must be described in a concise form, listing the illegal actions of the perpetrator:

• drunken state;
• use of obscene language;
• use of insults and threats.

The act is signed by those present, properly registered and filed in the personal file of the employee, who first familiarizes himself with its contents.

After this, he can receive the document at any time convenient for him personally or through an intermediary, but he will no longer be able to testify against you in court.

The violator must familiarize himself with the act against his signature , but if he refuses to do so, the text of the act is read to him, and those present sign under the note that he refuses to sign.

Act on refusal to obtain a work book - sample.

How to send?

The procedure for sending a work book is characterized by several important points:

• Sending a document by mail at the initiative of the employer is not always appropriate. It is necessary only in cases where this measure is permitted by law. These rules and regulations of Articles 62 and 77 of the Labor Code of the Russian Federation do not affect the need to transfer the work book to the employee on the last day of fulfillment of his obligations.
• sending a document by Russian Post is possible only in cases where the employee has independently declared his desire to receive a work book by mail. He may notify the employer of this or give permission to receive the book in this way in response to a notification from the enterprise.
• even if an employee is dismissed due to administrative or disciplinary liability, prior written consent is required to send the work book by mail.

Liability for delay and non-delivery

A document not issued on time is an offense for which liability may be imposed in accordance with Article 232 of the Labor Code of the Russian Federation. A dismissed person who has not received a Labor Code will find himself in the position of a person who, according to the rules, cannot be employed elsewhere.

Accordingly, he will wait for time, which may be several months, and then go to court . In court, having proven in a civil suit that he was not given a labor code with a record, he will demand payment for the forced absence from the organization’s funds.

If his dishonesty is not limited to this, he can also recover moral damages by proving how much he suffered from the arbitrariness of the former leader, guided by Article 21 of the Labor Code of the Russian Federation.

The Labor Inspectorate is familiar with similar situations that occur everywhere. Former employees who harbor a grudge against the employer who fired them are ready to cause trouble and profit at his expense.

Application from an employee to send a work book through the post office

If an employee cannot come to the employer’s personnel department to receive a work book due to a long departure or for other reasons, he can apply to have the document sent by mail.

Application form

There is no single application form. The application must contain the following details:

• Full name of the employee;
• name of the organization and/or person responsible in the personnel department for storage and issuance of work books;
• document title – notification;
• a message about the need to send the book by mail;
• Date of preparation;
• handwritten signature of the employee, when representing his interests - a notarized power of attorney indicating the authority to execute such papers.

How to write?

The employee draws up and signs an application for sending a work book by mail. With a notarized power of attorney, such actions can be carried out by a legal representative who protects the employee’s labor rights. The labor inspectorate has the right to provide assistance in drawing up the contract.

Consent to shipment

An application expressing consent to receive a work book by mail is drawn up in any form; there is no single unified type.

It is possible to indicate consent to send a work book by mail in the following ways:

• by entering the phrase “I agree to the work book being sent by mail to the employee’s address” when drawing up a resignation letter;
• a separate document, regardless of the fact of termination of the employment relationship;
• when sending a telegram certified by a telegraph employee.

Registration of permission to send a work book by mail is carried out in the following order:

• a notice is drawn up and signed by the employee;
• is handed over to an employee of the Russian Post for certification, an inventory is inserted into the envelope, the duplicate remains with the applicant with a post office mark of acceptance, a notification of receipt of the letter is required to be filled out, the mailing form is registered;
• the document is presented for forwarding and a fee is paid;
• upon receipt of the letter by the employer's representative, the notification is returned to the Russian Post office or to the employee's address with a receipt stamp.

What can a dismissed employee do if he does not receive his work book?

If a dismissed employee does not receive his work book on time due to the fault of the employer, then he has the right to go to court with a claim for compensation for moral damage. Moral damage in this case can be expressed in the fact that the employee has problems with employment due to the lack of a work book or he cannot apply for a pension, etc. If the court finds the employer guilty, the employee will be paid monetary compensation. Also, the date of dismissal may be postponed to the day the work book is issued; in this regard, the employee can count on payment of average earnings for forced absence. If such a situation arises, then the organization, among other things, will need to issue an appropriate order and make a new entry in the work book.

How to receive it by mail?

When sending a notification about the need to appear at the company office to receive a work book or obtain consent to send a document by mail, the receipt must be properly completed.

Upon notification, the employee must come to the post office and receive the letter. The work record book is removed from the letter by the employee independently. The notification is filled out, a signature is placed on receipt and it is sent to the address of the enterprise to confirm the collection of the letter with documentation.

If an employee does not come to the post office for a long time, the work book is kept until required. When the deadline expires, it is returned to the enterprise, where the employee must appear to receive it. Otherwise, he must send another application with a request to send the document to another address of his stay.

The sequence of actions of the responsible person when sending a dismissed employee a work permit by mail

The HR department is entirely responsible for the process of timely transfer of the work book. If the employee did not receive it on the day of dismissal due to absence from work or refused to pick it up, the question arises of sending it by mail.

The dismissed person must appear in person at the HR department for a labor report;

a copy of the sent document is kept by the employer in case the original is lost upon delivery;

the personnel employee must record the sending of the document in the accounting book

The work book remains with the employer in the following situations:

1. The dismissed person did not pick it up on his own and did not consent to its forwarding.
2. The document was not sent or returned after notification.

The employer can keep it along with the rest of the employee’s documents on demand for 2 years. It is then transferred to the archives.

Receiving a document by mail

If the owner of the TC is in touch with you, interested in the movement of his document, you can dictate to him over the phone or send him by email the identification number of the postal item. Using this number he will be able to track the movement of the letter.

Accordingly, he does not need to wait for a postal notification ; he can come to the post office to receive the letter at the time of its arrival.

This information is easy to obtain on the official website of the Russian Post, where all movements of postal items are reflected by their unique identification numbers. To do this, on the website you need to select and enter a track number or several numbers separated by a space in the field provided.

In the window that opens, enter the shipment identifier, which can be used to determine the location of the registered letter.

This service is convenient because it saves the time required to send a notice. Some post offices spend several days on this procedure.

If you did not report the shipment or in the absence of initiative on the part of the owner, upon arrival of the letter with the document at the department at his place of residence, he will be issued a notice.

Having received it, he will approach you with the passport in person and receive a registered letter. After receiving the document, the postal worker will send a notification to your address that he has received it.

Sending by Russian Post is practically the only convenient option for laid-off workers living in another city. It can also be used in cases where a former employee does not want to meet with the former employer, approaching the TC.