Issuance of a work book upon dismissal in 2021

The dismissal process is always unpleasant and requires clear action. A special point is the issuance of a work book upon dismissal, since this document contains all the basic data about the employee. The employer is obliged to issue the document and has no right to withhold it to the detriment of the former employee. Sometimes it happens that the manager threatens that he will not give the book back, or the employee refuses to pick it up himself because he does not agree with the dismissal.

The work book contains the entire history of a person’s working period; it will be needed in the future to calculate the length of service in the Pension Fund. Until the employment relationship ends, the employer must keep it, and upon termination of the employment contract, he must issue the document without hindrance on the last working day.

Dismissal implies the termination of all employment relations between the employee and the company and its management. The employee has the right to pick up his things and documents and finish his work in this organization.

Legislative regulations on the work book

The sample work book is legally established. The rules according to which work books are maintained, stored and issued are regulated by federal executive authorities, which are authorized to do so by the Government of the Russian Federation.

The legislative basis for handling work books is contained in the following acts:

Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books” contains the rules for maintaining and storing this document, as well as samples of the necessary forms, features of their production and distribution among employers;
Art. 66 of the Labor Code of the Russian Federation prescribes the use of the above-mentioned Rules No. 255 to resolve issues related to work books;
Art. 65 of the Labor Code of the Russian Federation speaks of the obligatory presence of a labor contract for concluding an agreement between an employee and an employer;
Art. 80 of the Labor Code of the Russian Federation, dedicated to the issues of dismissal at the request of the employee, directly contains the rule on the issuance of employment and other documents related to his work on the last day in the service of the resigning employee upon presentation of a written application by the latter;
Art. 140 of the Labor Code of the Russian Federation insists on the need for final settlement with the employee on the day of his dismissal, including regarding documents belonging to him, including the work book;
Art. 234 covers the responsibility of the employer in the event of a violation of the employee’s right to new employment, which is impossible without a work book, if it was not issued to the dismissed person on time, and Art. 237 speaks of the possibility of compensation for moral damage for such a violation.

Delay or untimely delivery

Delay and untimely delivery can be understood as actions of the employer that are not agreed upon either with the law or with the employee leaving the enterprise. That is, after a three-day period, withholding the book is considered a violation for which liability is allowed.

As a rule, violations include erroneous actions of a personnel employee or the head of an enterprise, on the basis of which the resigning person is charged with: filling out reporting documentation, signing certain acts, etc., without which the dismissal will not be formalized.

Sometimes the employer’s ambitions influence unreasonable labor delays.

The legal norms indicated above require the issuance of a labor certificate, regardless of the surrounding circumstances.

Often, documentation remains not received for objective reasons, including in the event of the death of an employee. This requires official registration based on a copy of the death certificate received from relatives.

IMPORTANT: If the resigning employee has debt obligations to the company, then it is permissible to collect them in court after the dutifully executed documentation is in the hands of the owner.

Otherwise, if the certificate is not presented, dismissal will have to be issued for absence from the workplace and all required procedures will have to be carried out, as in the case of absence without a good reason.

If a quitter shows negligence by not applying for a work permit, then the authorized official will need to protect himself as follows:

the next day after dismissal, call the dismissed person, warning him of the need to pick up his document.
Instead of a phone call, send a message to an email address, if one is in your personal file.
If the invitation is ignored and the owner of the book does not appear, a notification must be sent to the residence address indicated in the employee’s personal data.

The authorized officer representing the employer must leave evidence of forwarding of the notice in case of subsequent disputes with the former employee.

What happens to the work record upon dismissal?

Legislative acts require the issuance of a work book with an entry on the termination of the employment contract to the dismissed employee on his last working day with this employer.

In some cases provided for by law, the date of dismissal is not considered the last day spent in service, but another date. This is possible if, for example, before dismissal, an employee was given previously unused vacation, after which he will be considered dismissed. In this situation, the last working day before the vacation will become the day of calculation and issuance of the work book, while the date of dismissal will be the last vacation day.

Entries made in the work book

The employer is obliged to issue the employee a work book that is properly executed. Upon dismissal, it is worth checking the following points of completion for compliance with the Rules for maintaining and storing work books:

each entry made in the book during the time of work for this employer must be certified by the signature of the superiors (responsible person);
Each signature must bear the seal of the organization or its human resources department;
The signature of the employee must also be present (except in cases where the book is not issued to him or he refuses to receive it);
records are formulated in the form prescribed by law;
the last entry should be a record of dismissal from this organization;
if the book was kept not only in the state language, but also in the regional one (of a republic that is part of the Russian Federation), then both texts must be certified accordingly.

NOTE! Correct wording is very important.
If the previous employer made an entry “not according to the protocol”, and the subsequent one refused employment because of this, the court will side with the unfairly offended employee, which is fraught with the payment of serious compensation and compensation for lost earnings.

What to do if the employer does not give the work book

At your choice, you can apply for protection of your rights to the following authorities:

Labour Inspectorate. You can file a complaint:
- Personally to the inspection;
on the website onlineinspection.rf

Your complaint must be investigated and a written response must be provided within 30 days. If the complaint is satisfied, a fine will be imposed on the employer, and you will be given a book. If you receive a refusal, you can try to appeal it to the senior inspector or go further to the prosecutor’s office or court.

Prosecutor's office. The form of the application will be slightly different from the complaint to the labor inspectorate.
Court. It is advisable to send a statement of claim to the court when you have tried to restore the violated rights through the above authorities, since filing with them is free (and in court you will have to pay a state fee), the complaint is considered in a shorter period of time (within 30 days, and the hearing on your case may be appointed only after 30 days - it all depends on the workload of the court).

Who can get a work book

Usually, upon dismissal, the work book is given directly to the employee. In practice, there are circumstances permitted by law when the book can be:

issued to the person who received a power of attorney from the employee to receive the document;
given to a relative of the dismissed person;
sent by mail;
preserved by the employer in the manner prescribed by law.

Features of personal issuance

The procedure for obtaining a work record book is more labor-intensive for the employer than for the person resigning. It consists of several stages.

Filling. It must be fully completed by the day of dismissal, and consists of two important procedures:
entering the wording of dismissal.
Obtaining the employee’s signature in the required column of the personal card (indicating that he received the book in hand).

The employee has not received the book, what should I do?

If on the day of dismissal an employee does not show up to the HR department or his workplace or refuses to receive a work book, the employer needs to insure himself. The situation cannot be left to chance, otherwise a lawsuit may be filed due to the delay in issuing the work permit. The employer must:

draw up an act stating that the work book has not been issued to the employee (indicate the reason);
send the employee a written notification of the need to obtain a work book or agree to send it by mail.

Work book – by mail

Such an important document can only be forwarded with the written consent of its owner, that is, the employee. Such consent may be expressed:

in advance, when the employee asks in writing to send him his work report to the specified address due to the impossibility of appearing for it in person on time;
in response to a notice sent by the employer.

When will the book be given to relatives?

Close people of an employee can receive his work book only in one very sad case - dismissal due to death. To do this you need:

make an entry in the book about the termination of the employment relationship;
make sure of close family ties with the deceased, confirmed by documents (passport, marriage certificate, birth certificate, etc.);
receive a receipt from a relative for receipt of the work permit (in a simple form).

With the written consent of relatives, you can use postal services.

How to write a notice to come pick up a book

A document with a request to appear for a work book or to consent to its sending by mail is drawn up in any form. It indicates the number of the order according to which the employment contract was terminated, offers to visit the employer to obtain the document, as well as the company’s opening hours.

Expert opinion

Davydov Alexander Yurievich

Civil law consultant with 20 years of practice. Author of numerous articles on legal topics

In addition, if you refuse to appear in person, they request that you send a letter agreeing to send the document by mail with the obligatory indication of the receiving address.

The notification must include columns for:

written expression by the employee of consent to forwarding;
affixing his personal signature with his consent;
indicating the address to which the book should be sent.

This is important to know: Collective labor agreement: concept, validity period, who is developing it, when it comes into force, conclusion procedure

The procedure for issuing a work book upon dismissal of an employee according to the Labor Code of the Russian Federation

An employer does not have the right to release a former subordinate with a book in which the appropriate entries have not been made. According to Art. 66 of the Labor Code of the Russian Federation, he is obliged to make entries related to changes in the position or personal data of the employee. Without this information, there will be no point in the book itself and its storage at the workplace. Also, in the absence of this information, problems may arise with the calculation and accrual of the employee’s pension.

The procedure for dismissal and receipt of a book is as follows:

Drawing up a statement to a subordinate if he resigns of his own free will.
If the dismissal occurs at the initiative of the manager, then a special act is drawn up.
The management is obliged to read the application and approve the employee’s decision.
After writing the application, a two-week work period must follow.
On the last working day in the work record book, the manager or an authorized person (usually a personnel employee) makes an entry and endorses it with his signature and company seal.
The employee can receive his document along with all payments due upon dismissal.

So, a record of dismissal is made in the work book on the last working day (Resolution of the Government of the Russian Federation of April 16, 2003 No. 225). It should contain the following points:

Serial number of the record.
Date of dismissal in the format dd.mm.yyyy.
Grounds for termination of the contract. We remember that words are written in full, without using any abbreviations. A reference to the number, paragraph, part of the article of the Labor Code of the Russian Federation is required.
Order details without abbreviations.
Signatures of the authorized employee or manager and the dismissed employee. The company's seal certifying the entry made.

Until an entry is made into the employment record, it cannot be issued to the dismissed employee.

Registration of dismissal

The labor legislation of the Russian Federation provides for the procedure for formalizing the termination of relations with employees. The named algorithm is mandatory for execution by both parties to the relevant agreement.

To recognize the termination of an employment agreement as legal, it must be justified by the reasons set out in the Labor Code of the Russian Federation. You cannot be fired for other reasons.

It is important to emphasize that when terminating a contract between an employee and an employer, the interested party must notify in advance of his intention to resign.

It is mandatory to issue an order, which must indicate the reason and date of dismissal.

The above document is the basis for making an entry in the relevant employee book. Upon dismissal, the latter is given a work book and a final payment is made for the amounts due.

When making payments in favor of former employees, you should be guided by Article 140 of the Labor Code of the Russian Federation. The payment of all amounts must be made on the day of termination of the employment contract. If this is not possible, then on the date following the receipt of the relevant request.

Dates for issuing the book

According to Art. 84.1 of the Labor Code of the Russian Federation, the calculation and issuance of labor records takes place on the employee’s last working day. There are situations when an employee does not go to work on the day of dismissal, for example, if he got sick or refused to come and pick up his work package that day.

In this case, a notice is sent to the dismissed employee with a request to pick up the document or agree to send the book by mail. From the moment the notification is sent, the manager ceases to be responsible for the delay of the book.

If the employee, having received the notice, applied for a work book, the employer must return it no later than 3 working days.

The document can be sent to the dismissed employee by mail if he has given his consent and written an application for forwarding the document.

In the event of the death of an employee, his relatives can receive a work permit by providing documents to confirm the relationship. If no one applies for the book, then the manager is obliged to keep it until required.

When delay is possible

The reason for non-delivery of a book may be:

absence of the employee himself on the last working day (at the time of termination of the contract);
reluctance of the employer (there are often cases when management forces a former employee to work a few more days in such an illegal way);
a controversial situation regarding the date of termination of the contract or the reason that served as the basis for this action on the part of the management of the enterprise or organization - the employee himself does not want to receive the document.

This is also important to know:
Dismissal of an employee of pre-retirement age

In the latter case, employers are required to notify the employee in writing of the termination of the contract and ask him to appear at the enterprise or organization to receive the book against signature.

You can also ask in writing for permission to send the book by mail.

Free legal consultation We will answer your question in 5 minutes!

Ask a Question

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

It should be noted that failure to issue a document due to the fault of the enterprise is an administrative violation.

If a former employee has submitted a written request for the issuance of this document, his request must be satisfied within three working days.

Negligence on the part of the employer may result in the inability of a former employee to get a new job. Consequently, he has the right to file a claim in court for unlawful actions of the personnel service and the manager himself.

Issuance of a work book by proxy

A work book, like many other documents, can be issued not only personally, but also to an authorized person, if the relevant powers are properly formalized. This implies the proper execution of a power of attorney - a document delegating certain powers, in this case, obtaining a work book, to a specified person. This happens in cases, for example, when an employee is physically unable to pick up a document.

The power of attorney must be written in the form prescribed by law and certified by a notary.

Important! A power of attorney may be considered invalid if it does not bear the date of its preparation.

Without a date, it is impossible to determine whether a document has legal force. If the power of attorney is written without indicating its validity period, it is considered to be 1 year.

A properly executed power of attorney must contain the following information:

The date of creation, as well as the place of drawing up, so that it is clear where and how the power of attorney will operate when its terms of office expire.
Entered passport details of the owner and labor. Initials, date of birth and place of residence must be indicated without errors. This point is strictly checked when issuing a work book at the place of work.
Data of the authorized person according to his passport. The information will also be checked, and the company will make a record of who exactly took the former employee’s work book.
Powers of a trustee. It is important to indicate what it has the right to, for example: check the presence of all the necessary entries in the document, take the work book with you, collect the salary, etc.
Sample signature of the person who will act on behalf of the former worker.
The principal must sign this document to certify its authenticity.

After receiving the work book, the attorney must write a receipt to the HR department employee or other authorized person confirming receipt of the document.

IMPORTANT! When receiving a work book by power of attorney, the personnel officer who issued the document must make a note with reference to the power of attorney in the personal card and the statement of the dynamics of work books.

Not all employers agree to issue employment documents by power of attorney, since the law does not specify such a method in relation to this type of document. You can refer to Art. 185 of the Civil Code of the Russian Federation, which specifies the general provisions on the power of attorney. If you cannot obtain the consent of the manager, then you can agree to receive the work book by mail.

How to issue a work book or STD-R upon subsequent application

An employee may appear and ask to be issued a work book after the date of dismissal to him personally, without consenting to forwarding. In this case, he must write a corresponding application, and the employer must give him the document within 3 working days from the date of application.

The application is made in any form. It must include:

The intention to obtain a work book, expressed in writing.
Date of writing and signature of the former employee.

It may also indicate the day when the citizen is ready to appear for the book.

The application for the STD-R form is drawn up in the same way. However, in it the employee has the right to indicate in what form he wants to receive it - paper or electronic.

Example of a power of attorney

POWER OF ATTORNEY to receive a work record book

Yekaterinburg city

the eleventh of February two thousand seventeen

I, Antonina Rostislavovna Perestukina, born on October 14, 1978, passport 20 11 No. 452678, issued by the Department of the Federal Tax Service of Russia for the Moscow Region in Pushkino on July 14, 2000, living at the address: Ekaterinburg, st. Academician Postovsky, 18, apt. 134, by this power of attorney

I AUTHORIZE

Maxim Anatolyevich Zheleznyakov, born on August 18, 1980, passport 20 11 No. 967389, issued by the Department of the Federal Tax Service of Russia for the Moscow Region in Kolomna on January 29, 2004, residing at the address: Ekaterinburg, st. Bauman, 24, apt. 91:

obtain from the HR department of the limited liability company “Felicita” (Ekaterinburg, Vasily Eremina St., 12, office 2) the work book that belongs to me;
ensure proper execution and entry of records formulated in accordance with the law;
perform other necessary actions related to this instruction.

This power of attorney has been issued for a period of three months without the right of substitution.

Principal /Prestukina/ Perestukina Antonina Rostislavovna

On February eleventh, two thousand and seventeen, this power of attorney was certified by me, Anton Stepanovich Dobrodeev, a notary of the city of Yekaterinburg. This power of attorney was signed by the principal in my presence. Personality gr. Perestukina A.R. established, capacity verified.

Notary /Dobrodeev/ A.S.Dobrodeev

M.P.

Vacation and dismissal

What to do if an employee has a vacation followed by dismissal? The issuance of a work book usually occurs directly on the day the employee returns from legal rest.

For this reason, many personnel refuse to receive the document being studied at all. You can't do that. If we are talking about dismissal after a vacation, then the employer is obliged to issue a “work certificate” on the day the subordinate leaves after a vacation. It is prohibited to send the document by mail - only personal receipt is possible.

This is important to know: Caring for an elderly person: how to apply, what kind of care allowance is paid

Often in this situation, employees find another way out. They write an application for the issuance of a work book in advance.

Upon dismissal in this case, the employee will have the document. But he will still have to come to the employer so that he enters all the necessary data about the period of work in the company.

Occasionally, the boss may agree and make a concession - enter all the information in advance and issue a “labor” upon application before the vacation. But this is not entirely legal.

Responsibility for delay in issuing labor

There are unscrupulous employers who do not comply with the law, who blackmail their subordinates, intimidate them by not issuing a work book, and retain an important document without having any rights. These actions will lead to the fact that the resigning citizen will lose the document in which his length of service is recorded. He may also have difficulty finding a new job.

An employee who has suffered from such actions has the right to file a lawsuit against the employer, which may include the very fact of threats on his part regarding the withholding of a document without good reason. Upon consideration of the complaint, the manager will be forced to return the document with the relevant records. In addition, it may be recognized that the dismissal was outside the scope of the law if the employee did not leave his position of his own free will. Then he will be reinstated to work in the company where he was registered. The manager will have to compensate the employee for material and moral damage, as well as reimburse all legal expenses if the court makes such a decision.

Attention! If the employer delays issuing the work permit for a long time, then administrative liability is established by law.

The longer the manager delays issuing the document, the more he will have to pay. According to Art. 5.27 of the Code of Administrative Offences, the fine can be set in the following amounts:

Officials - 1000-5000 rubles.
Entrepreneurs without legal entity formation - 1000-5000 rubles. or suspension of activities for up to 90 days.
Legal entities - 30,000-50,000 rubles. or suspension of activities for 90 days.

What does a company face for failing to issue a book on time?

If the employer untimely issued a work book, did not notify the employee of the need to obtain it, and he has no reason to be exempt from liability, he faces significant material losses . He must compensate the dismissed average earnings for the entire period of document delay (Art.

234 of the Labor Code of the Russian Federation, clause 35 of the Rules for maintaining and storing work books).

Calculation of average earnings for payment of lost income during the delay of the document is carried out according to the rules of Art. 139 Labor Code of the Russian Federation. In addition, the employer may be subject to administrative fines for violation of labor laws on the basis of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Issue options

Receipt in person by employee

Employer's liability

Article 234 of the Labor Code of the Russian Federation provides for sanctions for the employer in case of untimely issuance of the book upon termination of the employment relationship. If the work report is not issued on time, or incorrect information is included in it, the employee has the right to demand compensation - it represents lost earnings, the receipt of which was possible for the period during which he could not get a job.

If a citizen's rights are violated, he should report this to the territorial labor inspectorate. If the inspection reveals violations, the employer will be issued instructions and required to pay a fine.

In case of dismissal, the work book is issued to the employee personally. Sending by mail is prohibited. But there is an exception here - if an employee receives an application addressed to the employer to send papers by mail.

In this situation, the delay time is considered to be the period from the date of termination of the employment contract to the day the documents are sent. Papers should be sent via registered mail with acknowledgment in order to have confirmation that the document has been received.

To obtain this, the employee has the right to apply to the judicial authorities. In this case, he may demand compensation not only for lost earnings, but also for moral damage.

The law lists cases when the employer is not held liable for late issuance of a work permit:

The end date of the employment contract is the day the pregnancy or maternity leave ends;
The employee is fired for absenteeism, i.e. was absent for at least 4 hours without good reason;
The employee was sentenced to imprisonment.

Calculation and delivery of the book to the employee

The issuance of employee documents is always carried out by the employer on the last working day (day of dismissal). The dismissed employee receives all the papers in person against signature: in the labor report itself, in the labor movement record book and the T-2 personal card. This is provided for by the norms of Article 84.1 of the Labor Code of the Russian Federation. Let's figure out what documents the employer is required to issue upon mandatory dismissal:

TC together with the insert in it (if it is wound up);
originals of documents provided earlier (for example, a medical record);
certificate of earnings for the last two years;
information on calculated and paid insurance premiums (SZV-M).

The employee also has the right to demand the issuance of a number of other documents - copies of orders for employment, transfers, etc.

Responsibility of the organization

If the management of the organization has forgotten that issuing a work book upon dismissal is its direct responsibility, then it is obliged to reimburse wages for the entire period of such delay. In this case, even the date of termination of the contract is postponed. The new day of termination of the employment contract is the actual day the documents are issued. To properly document this event, the employer is required to issue a new order and make a new entry. The previous entry in the book about the date of termination of the contract becomes invalid. A similar procedure applies if an erroneous entry is made or an incorrect reason for dismissal.

This is important to know: Application for retirement without service: sample 2021

Design rules

Regardless of the reasons and the initiator of the termination of industrial relations, the personnel service of the organization or replacement persons is entrusted with the obligation to issue all documents on the last day of cooperation.
The registration of a work book upon dismissal and delivery to a person is regulated by Article 84.1 of the Labor Code of the Russian Federation. Filling out is carried out on the basis of an issued order, in accordance with which data is entered into the columns of the form:

Serial number of the record. Continuous numbering is indicated; in order to avoid violations, it is necessary to check the availability of entered data on the reception, movement of an employee within the enterprise, renaming of an organization or structural unit.
Date of termination of the concluded agreement. The last day of work is set in accordance with the application and the issued order.
Reason for dismissal. A work book is filled out on the basis of an article of the Labor Code of the Russian Federation with reference to the number and wording.
Information about the order. Enter information about the order number and date of preparation.

Before issuing, you should check the presence of signatures and the organization's seal. Who signs the work book when dismissing an employee depends on the organization of personnel document flow at the enterprise.

the head of a legal entity or an individual entrepreneur with employees; head of the HR department or HR director; an authorized representative of the personnel service, who is assigned the duty of maintaining document flow.

The employer is required to maintain documentation for each hired team member who has worked for five days. If the employee has his first place of business, the organization is obliged to open a form and enter information: personal data, education, diploma qualifications, period of study.

Remote work

Chapter 49.1 of the Labor Code of the Russian Federation is devoted to the issues of regulating the labor of remote workers. Information about this form of activity is allowed not to be recorded in the form in accordance with Article 312.2 of the Labor Code of the Russian Federation, and the employer is exempt from processing the document in the case of employment for the first time.

To simplify document flow, the consent of the hired person, expressed in writing, is required. In case of absence, the employee sends the document by mail, and the HR department fills it out in the same way as other employees.

The Labor Code of the Russian Federation is silent on how to receive a work book by mail upon dismissal, emphasizing in Article 312.5 the need to send an order on termination of relations on paper on the day a copy is provided by email. And Article 84.1 provides for only two situations of sending by post:

absence from the place of performance of duties on the day of termination of the relationship; refusal to receive for objective or subjective reasons.