Application for sending a work book by mail: sample 2021

11.08.2019
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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.

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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.

Application to send a work book by mail sample

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.

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.

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).

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.

Common questions when sending a work book by mail

Question 1. The employee sent the employer a statement that he allows his work record to be sent by mail. The employer received this application on 04/08/2020. Within what period is the employer required to send the work book by mail?

Answer. Important! According to Article 62 of the Labor Code of the Russian Federation, having received an application, the employer must issue the employee a work book no later than three working days . Since the application was sent by mail, three days are counted from the moment the employer receives this application. This means that you must send your work book before April 11, 2020.

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.).

Application for return of work book by mail

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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.

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).

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.

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.).

Application for sending a work book by mail - sample

STATEMENT

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.

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.

Source: https://spmag.ru/articles/zayavlenie-na-vozvrat-trudovoy-knizhki-po-pochte

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.

Please send me a sample work book by mail | Foreigner

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.

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.

The work book was not issued on the day of dismissal: what should the employer do?

Let us immediately remind you that failure to issue a work book to an employee threatens the employer with administrative liability (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• a warning or a fine for employer officials in the amount of 1,000 to 5,000 rubles;
• for an individual entrepreneur – a fine from 1,000 to 5,000 rubles;
• for an employer-organization - a fine of 30,000 to 50,000 rubles.

Read more Leave a complaint to the Ministry of Health

In addition, the employer will be obliged to compensate the employee for the average earnings he did not receive due to the illegal deprivation of the employee’s opportunity to work (Article 234 of the Labor Code of the Russian Federation, Determination of the Moscow City Court dated November 24, 2010 in case No. 33-36584).

Therefore, in order to avoid claims from inspectors, the employer must confirm that the work book was not issued in a timely manner through no fault of the employer.

Accordingly, from the date of sending such a notification, the employer is released from liability for the delay in issuing a work book (Part 6 of Article 84.1 of the Labor Code of the Russian Federation, Clause 36 of the Rules, approved by Government Resolution No. 225 of April 16, 2003).

How to make an application to send a work book by mail

So, if an employee does not receive a work book on time, he can send a letter to the employer with a request to send the work book by mail. Such a letter can be delivered to the employer personally or sent by registered mail with return receipt requested. Such a letter may be called a statement, notice or consent.

In the employee’s consent to send the work book by mail, you must indicate the name of the employer, his address, full name, contact information of the former employee, as well as the address to which the employee asks to send his work book. The letter can also provide specific details of the notice previously received from the employer with a request to decide the fate of the work book.

We provide a completed sample application for sending a work book by mail.

Articles on the topic

In practice, employers may encounter certain problems when maintaining any documents. Work books are one of the most important forms of documentation, which must be monitored by certain responsible persons, and this article will discuss the nuances that company employees may encounter when receiving and issuing work books.

From this article you will learn:

• Is it possible to send a work book by mail;
• what method can be used to send a work book by mail;
• Are any documents needed when sending a work book by mail;
• what, in addition to the work book, the personnel employee must send by mail.

Few of the personnel service workers know that work books can be sent by mail to anywhere in our country if the former employee of the organization is out of reach and cannot personally come to the company to receive the document. Of course, there are often situations when an employee simply does not want to strain himself once again by coming to the office, but the obligation to hand out work forms to all employees is the direct responsibility of any boss.

Don't miss: the main material of the month from leading specialists of the Ministry of Labor and Rostrud

Encyclopedia on registration of turnkey work books from the Personnel System.

Sending a work book by mail is a rather risky step, because no one knows whether a person lives at the previous address and whether he will be able to receive his document.

But the Labor Code of the Russian Federation clearly defines the rules that, after settlement with the enterprise, a work book must be handed over to the former employee, even if he no longer actually needs it.

The paragraphs below will discuss options on how you can comply with all the rules of the Legislation and transfer a document to a person, relieving yourself of responsibility for its storage.

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Is it possible to send a work book by mail?

The law does not prohibit sending work records by mail to the address that the employee indicated when applying for work. In addition, the confirmed place of residence must be verified, but the employer relieves itself of responsibility for storing the work book at the moment when it formalizes the process of sending it to the former employee’s home.

Read more about sending a work book by mail here:

This rule applies to employees who do not communicate and cannot personally send to the organization a written request to forward a document indicating the address for sending.

We send the work book by mail

When sending a work book by mail, you must strictly follow the rules and procedures approved at the legislative level. The employer needs to make sure that the document is the property of the quitting employee (problems may arise if the person has worked at the company for a short period of time).

Further, it is recommended to check whether the employee can personally come to the institution for the book (call him on his personal telephone number), because this document, in fact, is valuable for him, and not for the enterprise. Without a work book, a person simply will not be able to get another job, so call the phone number indicated in your personal file and, perhaps, you will do without sending a parcel.

If the employee does not answer calls, then it is necessary to go to the post office as soon as possible and arrange for the document to be sent to the address of the former employee.

Keeping a book at your company after a person has been fired is strictly not recommended, since unscrupulous people can sue you for illegal retention of documentation.

You can leave this document only if the parcel has been returned and the notification states that the citizen no longer lives at this address.

Are any documents needed when sending a work book by mail?

Sending a work report by mail is possible both at the initiative of the employer and at the request of the employee himself, who could simply forget to pick up the document and have already changed his place of residence. To complete the shipment, you must receive a statement from the former employee, where he indicates his request and contact information for urgent communication.

When registering to send a work book by post, the employer is not required to have any identification documents with him. You will need to purchase a certain number of stamps, fill out an application in the form specified in Article 119 of the Labor Code of the Russian Federation, buy envelopes and pay for the services of postal workers.

It is also strongly recommended that every employer keep the receipt received from the postal employee confirming the sending of the letter in case an unscrupulous employee decides to recover any compensation from the company for the contrived retention of the work record book.

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: Inheritance tax on a will to a non-relative

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.

Application for sending a work book by mail

Hello. On the day of dismissal, September 16, 2014. they did not issue a work book. To date, I have not received any notifications from the employer. How to correctly write an application for the return of a work book so that it is sent to me by mail?

You were required to be given a work book on the day of dismissal, without any statements.

Contact the state labor inspectorate and the prosecutor's office with a request to punish the employer.

You can also go to court and recover from your employer the earnings you did not receive for the entire delay and compensation for moral damage.

Dear Igor, you can write your application in free form.

Art. 84.1 of the Labor Code of the Russian Federation. In the case when it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Good afternoon For example like this. To the director “name of organization” full name from full name (full name) index, region, district, village, street, house, apartment Telephone: +7 (ХХХ) ХХХ ХХХ ХХ ХХ

On September 16, 2014, I was fired from “name of organization.” On the day of dismissal, I was not given a work book. In accordance with Art. 84.1 of the Labor Code of the Russian Federation, I ask you to send by mail a work book in my name to the address: zip code, region, district, village, street, house, apartment.

Extract from Art. 84.1. Labor Code of the Russian Federation On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Source of the article: https://pravoved.ru/question/780758/

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) ⇓

Application for sending a work book

Attention

The HR specialist or entrepreneur must withstand a period of 3 months. If during this period of time the owner of the TC does not show up, the document must be issued

It goes like this. In the journal for registering the issuance of the Labor Code, as well as in the personal card, where the employee must sign for the issuance, you must make an entry stating that the person (indicating the surname and initials) did not appear to receive it. It must continue to be stored in a safe along with other books, but in a separate box for 2 years.

It needs to be resolved immediately, without sparing a certain investment of time and effort. Subsequently, the resources spent may be more tangible.

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.

Sending a work book through the post office

Issuance of work-related documents and their copies Upon a written application from the employee, the employer is obliged, no later than three working days from the date of filing this application, to issue the employee a work book for the purpose of his compulsory social insurance (security), copies of work-related documents (copies of the order hiring, orders for transfers to another job, orders for dismissal from work; extracts from the work book; salary certificates, accrued and actually paid insurance contributions for compulsory pension insurance, period of work with a given employer, etc.). Copies of work-related documents must be properly certified and provided to the employee free of charge.

Parts two and three are no longer valid.

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.

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: Ownership of an attic in an apartment building

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.

How to write an application to send a work book by mail

ImportantStep-by-step instructions for a dismissed employee on how to pick up a work book by mail

1. Receive a notification from the employer in which he asks to pick up the work book in person or offers to receive it by mail.
2. Compose a response letter and send it to the actual address of the employing organization.
3. Wait for a registered letter with declared value, which will contain your work book.

Sending a notice to an employee is the direct responsibility of the employer. However, in order to speed up the receipt of a labor document, you can take the initiative and, without waiting for such a letter, send a corresponding application.

Dobrovolsky was fired according to the order of the employer on October 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.

10/11/2016 V.D.

An employer may apply rules that allow the transfer of a work book to its owner upon dismissal by mail. If an employee officially requests to send a work book, the employer is obliged to satisfy the stated request, regardless of the reasons.

Otherwise, the employer’s actions may be regarded as an unlawful delay of the document. The article presents the reasons for sending, as well as the algorithm for the procedure for transmitting a document via mail. ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call.

Good afternoon For example like this. To the director “name of organization” full name from full name (full name) index, region, district, village, street, house, apartment Telephone: +7 (ХХХ) ХХХ ХХХ ХХ ХХ

STATEMENT

On September 16, 2014, I was fired from “name of organization.” On the day of dismissal, I was not given a work book. In accordance with Art. 84.1 of the Labor Code of the Russian Federation, I ask you to send by mail a work book in my name to the address: zip code, region, district, village, street, house, apartment.

Date Signature Full name

Extract from Art. 84.1. Labor Code of the Russian Federation On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

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.

Sample application for sending a work book by mail

Often the responsibility of employees who are not disciplined is transferred to an official or manager. This is not surprising, because unlike them, he will look for a way out of this situation.

Often those in authority have to be held accountable for the actions of others. Otherwise, you will be liable before the law for improper performance of your own duties.

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.

• 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.
• He was warned in advance about the terms and conditions of the transfer of the TC into his hands.
• I approached the HR department employee (employer) on my own.
• 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.

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.

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.

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.

• 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.

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.

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.

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.

How to pick up a work book by mail?

Despite the questionable reliability of transporting important documents by Russian Post, according to some personnel officers, in certain cases it is not possible to avoid the need to use it.

It is carried out when a resigned employee is located outside the locality in which his work activity was carried out. Such situations often arise:

1. When working as specialists or workers in large cities of national importance.
2. For employees of branches whose central office is located in another city.
3. When working on a rotational basis. For shift workers whose circumstances have changed before arriving on shift, certain conditions are provided for the receipt and transfer of documents.

Sending by Russian Labor Post for them is carried out on the basis of a statement written by them in their own hand:

Application for issue

It can be written in advance, in the presence of the employee at the workplace. It must be certified by the head of the organization. It is drawn up according to the usual rules for drawing up statements addressed to the manager.

There are no special standard requirements and formatting on the organization’s letterhead for the application, since in special cases the employee has to write the application at his own discretion.

The application must indicate:

We recommend reading: Sample letter for return of contract security

• date of dismissal;
• reason for dismissal;
• a request was made to forward the document;
• forwarding addresses.

Finally, it must be signed by the applicant and dated.

to write an application for forwarding by Russian Labor Post in the following situations:

1. When the resigning employee is aware of his planned absence from the workplace on his last day.
2. When dismissal immediately follows a business trip, from which it is inconvenient to return for a labor transfer.
3. If the owner of the document is away for family reasons, for treatment or for other reasons that do not allow him to personally appear at the HR department.

Based on the listed reasons for the employee’s absence from the workplace, you can send a labor letter by Russian Post.

To do this, go directly to the post office, conveniently located from your place of work. Take the form for sending a registered letter with notification of receipt and the form for listing the attachments, fill them out. The operator will issue a letter and give you a notification of its dispatch.

After a certain time, you will be notified that the employee has received a registered letter. Register the inventory, receipt and received notification in the journal of incoming and outgoing correspondence and continue to store it in your personal file.

In some cases, a request to send a TC can be made by telegram . The received telegram has legal force equal to the consent to forward it. Moreover, telegraphing to speed up the process is quite appropriate. In this case, you need to proceed in the same way as in other cases of transfer.

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.

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.

Removal of liability from the employer

If, despite the employer’s activity, the employee did not receive a work book, guided by convictions, principles, on the basis of ordinary resentment or elementary laziness, the employer’s responsibility may be relieved. This happens after he performs the following actions:

1. Sending a notice with a requirement to pick up the vehicle by registered mail with acknowledgment of receipt.
2. Drawing up an act of refusal.

Source: https://zakonosfera.ru/cat-num-4/zayavlenie-na-otpravku-trudovoy-knizhki-po-pochte-obrazets.php

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: Equipment rental agreement with an individual sample

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.

How to send a work book by mail

After receiving the application, the employer:

• sends documents by registered mail with a list of attachments and a receipt receipt (to confirm the fact of sending the documents);
• keeps a copy of the work book (this will allow you to restore the data if the document is lost during shipment).

A work book not received by an employee remains in the company until it is requested.

You will learn about how long you need to store personnel documents in a company from the material “Main periods for storing documents in an organization (archive)” .

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.

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.

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.

Why do you need an application to send a work book by mail?

The current legislation regulating labor relations arising between the employer and his employees establishes that the work book must be handed over personally to the employee on the day of his dismissal. If it is absent or it is impossible to obtain the main document on work activity on their own, the dismissed person must write an application to send the work book by mail.

Reasons for sending a work book by mail

There are cases when an employee, and in cases provided for by law, his relatives or authorized representative, can obtain a basic document on labor activity without visiting the location of the employing organization. This happens in the following cases:

1. the dismissed employee is absent from the workplace on the day of dismissal;
2. the employee is not in the place where the employing organization is located and cannot pick up the work book in person;
3. the employee’s illness does not allow him to come and receive work on his own;
4. conflict between an employee of an organization and an employer;
5. the authorized person is not able to come to the organization;
6. The relatives of the deceased employee do not have the moral and material strength to obtain a labor document.

In this regard, a logical question arises: how to receive a work book by mail. The answer is simple - give your written consent to the employer performing this action and send it to the actual address of the employer.

Application form for sending a work book by mail

A statement indicating the consent of the dismissed employee to receive his work permit by mail must be drawn up in writing. However, the legislation does not prescribe its content. Therefore, it can be compiled arbitrarily.

The simplest version of the application is as follows: “I give my consent to the sending of the work book by mail,” date and signature of the dismissed employee.

However, it is advisable to include the following information:

• date of dismissal;
• the reason why it was not possible to obtain a work book on your own;
• request or consent to receive a labor document by mail;
• the address to which the work book should be sent;
• Date of preparation;
• signature of the dismissed employee and its transcript.

At the same time as this application, it is advisable to send the employer a written statement regarding the final payment indicating the bank details.

Step-by-step instructions for a dismissed employee on how to pick up a work book by mail

1. Receive a notification from the employer in which he asks to pick up the work book in person or offers to receive it by mail.
2. Compose a response letter and send it to the actual address of the employing organization.
3. Wait for a registered letter with declared value, which will contain your work book.

Sending a notice to an employee is the direct responsibility of the employer.

However, in order to speed up the receipt of a labor document, you can take the initiative and, without waiting for such a letter, send a corresponding application.

If the employer does not send such a letter for a long period of time, and the person responsible for issuing the labor document does not have a receipt for payment of postal services and an inventory of the value, the dismissed employee has the right to sue the employer for compensation for material damage for the delay in issuing the labor document. .

How to prepare labor documentation when sending a work book by mail

As a general rule, when receiving a work book independently directly at the location of the organization, the employee is required to sign the work book under the signature of an employee of the HR department and the employer’s seal. In addition, his signature must be on the personal card and in the book of registration of the movement of documents on labor activity.

And since the work book was sent to the employee by mail, the HR employee, instead of signing it, indicates the date of sending the letter with the declared value and the date of its receipt by the addressee.

In this case, receipts for payment of postal services and notification of delivery of the work book to the addressee must be attached to the employee’s personal card and kept by the employer.

The personnel employee should remember that if neither the employee himself, nor his authorized representative, nor the close relatives of the deceased applied to the employer with a request to issue them a work book, it is filed with the personal card of the dismissed person and stored in the archive until required, but no less 50 years.

Source: https://opersonale.ru/kadrovyj-uchet-i-deloproizvodstvo/trudovaya-knizhka/dlya-chego-nuzhno-zayavlenie-na-otpravlenie-trudovoj-knizhki-po-pochte.html

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.

How to pick up a work book by mail, sample application

Littleone 2009-2012 Consultations HR Specialist Name Remember? Password Add message Alisija Mega-elite Registration: 06/09/2005 Address: metro station. "Ladozhskaya" Lenskaya str. 6 Messages: 4,450 The employer has lost his work book Hello. The situation is as follows. Upon dismissal, the employer did not issue a work book.

Then he sends a notification that you need to come get your work permit or agree to send it by mail. After receiving such consent from me, the employer sends the employment letter by mail.

Attention

Where exactly is not clear, because labor never came

As proof, the employer only has a receipt paid at the post office, which does not indicate the address where the letter went.