Application for the issuance of a work book for obtaining a pension: sample writing and how to get the labor book in hand, how should management issue it correctly, is a receipt from the employee necessary?

19.06.2019

5 minutes.

The misunderstanding that arises between the employee and the employer regarding the application for the issuance of a work book is directly related to the lack of proper legal knowledge on the part of each of the parties to the agreement. At the same time, the legislator clearly describes all the grounds for the permanent and temporary transfer of a document, its procedure, timing and methods. This article presents the main regulatory provisions regulating the issue under consideration; the problems that have arisen in law enforcement practice are analyzed with references to the law.

Issuance of labor certificate: important aspects

The most common situation when an employee needs to obtain a work book is dismissal for any of the reasons named by the Labor Code of the Russian Federation. Article 84.1 of the Code establishes the obligation of the organization’s management to return the specified document and make all due payments on the day of termination of the employment contract. At the same time, appropriate notes are made in it according to the rules provided for by the resolution of the Ministry of Labor dated October 10, 2003 3 69. And if money can be transferred to a card, then transfer of the original requires a personal visit.

The law also provides for other grounds for filing an application for the issuance of a work book. These, according to Article 62 of the Code, include the need to resolve issues with the Social Insurance Fund. In practice, situations also arise when officials of other bodies insist on providing the original document. This often happens in the Pension Fund when a person who is still working reaches the appropriate age.

It is important to know! Such a requirement is illegal, since paragraph 13 of the List of Documents, approved by Resolution No. 16/19pa of February 27, 2002, makes an exception for the work book, allowing you to provide a notarized copy.

When applying for a job

When applying for a job, the future employee provides the organization/employer-individual entrepreneur with a work book to enter information about his work there. But if the employee does not have a book, the employer is obliged to issue one.

Article 65 of the Labor Code of the Russian Federation stipulates the employer’s obligation not only to issue a work book for an employee who has not worked anywhere before, but also to issue a new one if the old book is lost or damaged so that it cannot be restored.

To obtain a work book, the employee will need to fill out an application addressed to the employer, in which he must write something like the following: “In connection with employment (due to loss or damage to the work book), I ask you to issue me a work book.”

In this case, however, the work book is not issued to the employee. He puts his signature on the document and returns it to the HR employee.

Application for issuance of a document

According to the mentioned Article 62, the document is issued on the basis of a written application from the employee within 3 days after its receipt by the organization, while in accordance with Article 84.1 the citizen is not required to formally write an application.

However, employers often require a written document to confirm the issue of the work book (it is proposed to place the inscription “Original received” with the date on it). More often, a receipt is used for these purposes, containing, in fact, only the above phrase, but there are also more sophisticated personnel service employees. Thus, the administration abdicates the responsibilities established by the Labor Code of the Russian Federation and Government Decree No. 225 dated April 16, 2003.

Receipt after switching to e-books

From 01/01/2020, employers were required to prepare for the transition to generating data on work activities and work experience in electronic form. By the end of the year (December 31), companies must find out which employees save paper documents and which convert them into electronic format. But not everyone understands yet whether it is possible to take a work book from an employer if the employee agrees to refuse the paper version. The law on this matter says that it is not only possible, but also necessary to take away the papers, since the employer is no longer responsible for its safety. Since the company no longer maintains or fills out the traditional document on experience, it is returned to the owner. In this case, a separate application is not required.

Read more: How to maintain electronic work books from 2021 - rules for employers

Contents and design rules

At the legal level, there are no requirements for the content and format of the application; there is only a reservation about its written form. At the same time, practice has developed a certain list of information that should still be included in this type of document:

information identifying the employee (last name, first name, patronymic, date of birth, etc.);
position held;
in fact, a request to issue the original document;
a statement of the reasons why the application was required.

The paper is addressed to the head of the organization, whose position and full name are indicated in the upper right corner. You can compose the text in any way, but if you still have questions about how to write an application for a work book, then a downloadable sample is available on many specialized sites.

How to compose it correctly?

The application must contain an introduction, an explanation of the reason and the purpose of the restoration. The first paragraph must contain reasons that this particular employer was the last place of work . The second paragraph describes the appeal itself.

Here you need to mention the purpose of the appeal, the grounds and indicate them. For example, due to the loss of a book, theft, rendering unusable.

Important! If in your application you indicate that the book is unsuitable, you should not attach it to your application . It is not torn or dirty to be archived. If the book needs to be returned, please indicate the fact of transfer in the application.

The signature and number are placed on the day of delivery immediately below the text. The number must correspond to the date on the day the document is submitted.

So, third paragraph. It is often necessary for those employers who are not eager to deal with the affairs of former employees. The last lines of the laws will persistently indicate to the authorities who bears the responsibility and obligation.

It is recommended to indicate the period for issuing a duplicate, which is 15 days , and enter the date of the current day.

To avoid awkward situations, two copies are made.

One is registered at the reception or office, and the second copy remains with you.

It must be marked as having been provided.

If a duplicate is made at the time this agreement is valid, then you do not need to wait 15 days . There is also no need to write copies of the application with marks. This applies only to those cases where the employer has changed his previous place of work or refuses to issue a duplicate book.

Important! Based on Art. 64 of the Labor Code of the Russian Federation, upon first employment, an employee is not required to write an application for the establishment of a new employment for the first time. However, having contacted the HR department with a statement about the absence of a book, it is impossible to say with certainty that the document does not exist at all, and it was not lost.

Its absence on hand does not mean its complete absence from the system registers. When issuing a work permit, the employee must pay for the book in the amount established when determining the costs for it.

Sample of writing an application for reinstatement of a work book.

If the owner of the labor died

Paragraph 6 of Article 83 of the Labor Code of the Russian Federation provides for the possibility of terminating an employment contract in the event of the death of an employee or his employer - an individual entrepreneur. Under such circumstances, a number of special notes are made in the book:

On the date of termination of the contract in accordance with the official day of death.
On the dating of the order that served as the basis for making the entry - according to the receipt of the death certificate by the organization.

Advice! Relatives, spouse or husband will have to write an application for a work book or draw up a receipt. The Family Code of the Russian Federation (hereinafter referred to as the RF IC), which provides the corresponding list, helps determine the circle of persons authorized to do this. Cohabitants are not named among them, which is worth keeping in mind.

After completing the transfer procedure, the employer should make an entry in the work record book. It would not be superfluous to request copies of documents indicating the presence of family ties. This way, the HR manager will be able to avoid conflict situations in the future.

Issuance by proxy

Despite the fact that the Labor Code of the Russian Federation itself provides for the possibility of obtaining a work book only personally or by relatives in the event of the death of an employee, there is the right to entrust its receipt to other persons and in other situations. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) regulates the institution of a power of attorney, that is, the transfer of the right to perform legally significant actions.

Article 185 of the said law lists the basic requirements for document execution. Absolutely any person the employee chooses can become an attorney: from close relatives to acquaintances and colleagues. The main thing is to follow all the registration rules and enter your passport details correctly. The procedure will not be any different, except for the possible request to transfer a copy of the power of attorney and leaving a mark on the receipt not on behalf of the employee himself.

Advice! But should the power of attorney be certified by a notary: the answers to this question vary. From the point of view of the law, namely Article 185.1 of the Civil Code of the Russian Federation, this kind of manipulation is not required to obtain a labor permit. However, many personnel officers require the presence of an appropriate seal, otherwise refusing to issue a document.

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.

Methods of transferring a work book to an employee

The employer must hand over to the employee his work book only on the last day of his work at the enterprise with a notice of dismissal included in it. The exception here is when the employee first goes on vacation and quits without going to work. Then the work permit is issued on the first day of the registered vacation.

Both the employer and the employee should remember that if the labor register is not issued on time, the dismissed person has the right to compensation. Labor law regards such a delay as an obstacle to a person’s employment. Compensation will be calculated for each day of delay.

Registration of a work book provides for the affixing of a seal only in the event of dismissal (or reorganization). There is no stamp placed upon hiring.

The second way to issue a labor document when a person has left and does not come for the document is to send a notification to the address indicated in the personal file that he should receive his labor register. It indicates the outgoing number of the document flow letter, the date of sending, and then outlines the essence of the matter. The document is endorsed by the general director of the enterprise.

The notification is drawn up in free form; you need company details and a statement of the essence

It may be noted here that a former employee can consent to the sending of his document by post, but only by stating this in writing (indicating the exact address). The register must be sent by registered mail with a list of the contents and a receipt. An employee of the personnel service has the right to put down all the marks and entries required by law in the book for recording the movement of work records. The fact is recorded by a postal receipt of dispatch and a subsequent notification of delivery. Accordingly, all records provide a link to postal documents.

Please note: in a labor dispute, the court sides with the employer if the company’s internal regulations state that the employee is obliged to promptly (indicating the time frame) inform the personnel officer responsible for document flow information when changing the address of residence. Then any argument (like “I didn’t receive a notification because I don’t live there”) is invalid.

Often HR officers have a question: is it possible to issue a document to a person who came with a power of attorney issued by the owner of the book. The Labor Code of the Russian Federation, as well as other normative acts of labor law, do not provide for such a procedure. And this is logical, since as long as there is an employment relationship between the employer and the employee, the labor register must be kept in the company, and can only be issued on the day of dismissal. This is regulated by Article 841 of the Labor Code of the Russian Federation. But the day after dismissal, all relations with the former employee are regulated not by labor law, but by civil law. And it follows from this that, based on Article 185 of the Civil Code of the Russian Federation, a person has the right to appoint a proxy to receive the document. The former employer must issue him a work book, but only if all the conditions are met:

the power of attorney is certified by a notary (in accordance with Article 185 of the Civil Code of the Russian Federation);
the power of attorney contains complete information about both parties - full name, passport details and address of residence;
the authorized representative presented the original passport for identification;
the power of attorney indicates the specific actions for which it was issued (in our case - to obtain a work permit from a specific company, sign for receipt in a journal, a T-2 card, make sure that it is correctly executed, etc.);
The power of attorney contains the date of issue and its validity period. Without the first requisite, the paper is invalid (see Article 186 of the Civil Code of the Russian Federation). If a specific period is not specified, it is valid for one year (the maximum validity period of a power of attorney is 3 years).

The main thing is that the power of attorney is properly executed

Plus, in this case, it is necessary to take a receipt from the recipient for receiving the labor document, where it should be noted that there are no claims on his part regarding the registration of the book.

The HR employee must check all documents from the recipient, record his passport details and endorse the receipt

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.

In what cases is an application not required?

When the contract between the two parties expires, the work book is issued without drawing up an application.

The same applies to cases where an employee resigns due to an article or at his own request.

However, an application will need to be drawn up, since in addition to the work book, the person is issued accompanying documents .

These include copies of the dismissal order, extracts, salary certificates, information about the employee’s period of work, information about accruals, and about paid insurance contributions for pension insurance.

In any case, various situations occur during employment or dismissal. These are isolated cases , which should only be discussed directly with management and authorized bodies.

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.