Receipt for receipt of work book: sample 2021 and 2021

19.06.2019

110

5 minutes.

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

Issuance of labor certificate: important aspects

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

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

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

Application for issuance of a document

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

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

Answers to frequently asked questions

Question No. 1: A working Muscovite must present his work record book to the fund branch. In the personnel department they tell him that he must first write an application for the issuance of the original, and upon receipt of it, write a receipt. How long will the work permit be issued and for what period?

According to Art. 62 of the Labor Code of the Russian Federation, the employer must issue a labor certificate for 3 working days. days after the application is received. It will also need to be returned within 3 working days. days, after it is given by the social insurance authority.

Question No. 2: The employee did not receive work due to his absence on the day of dismissal. Soon he received a message that he should come to the personnel department for her or agree to send her by mail. The dismissed employee came to get his work book himself. When handing it over, an employee of the personnel department began to demand from him a receipt for its receipt. Is the employee required to write it or will he not be given a work permit?

No, I don't have to. He can write a receipt or not, this is his right, but not his obligation. But in any case, they should give him a work book. The employer has no right to delay its issuance, citing the absence of a receipt, since this is contrary to the law.

Contents and design rules

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

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

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

If the owner of the labor died

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

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

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

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

Deduction for book from salary

Employers have the right to withhold money from wages due to non-return of a book only by a court decision. The employer himself does not have the right to calculate the amount of deductions.

Therefore, if an employee does not want to return the work book, he should immediately go to court.

Issuance by proxy

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

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

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

Sample receipt for receiving a work book

To ensure that the receipt for receiving the work book in hand is completed correctly, it is recommended to indicate the following information:

Name of the organization;
date of document preparation;
Full name, date of birth, passport details, registration and/or residence address;
number of the work book and its insert (if available), reason for receipt;
further list all other papers and certificates received (in case of dismissal of the employee);
certify all records with the employee’s personal signature.

If the documents are received by another person (using a notarized power of attorney), then this point must be reflected by indicating the full name. proxy, power of attorney number, etc. A receipt for receipt of the work book of the deceased employee is taken from the relative who has presented documents confirming the relationship.

Transfer of documents upon dismissal

The general rule, which is the employer’s obligation to issue the original work book on the employee’s last working day, while simultaneously making all the necessary calculations (vacations, wages, benefits, etc.), has already been discussed above. Now let's move on to alternative options provided in case it is impossible for the owner of the document to appear in person.

One of them is a detailed power of attorney, which allows another person to undergo the procedure. There are no restrictions on the circle of chosen ones by law, so all that remains is to come to an agreement with your friends and fill out the documents correctly.

In addition, there is a procedure described in Article 84.1 of the Labor Code of the Russian Federation. It consists of the mandatory sending by the administration to the former employee of a notice of the need to appear to receive a document or to give consent for its delivery by mail, if the latter did not appear to make payments on the required day. This point is associated with the termination of the employer’s responsibility for the safety of the work book and the delay in its issuance.

A citizen has two options: respond with written consent and wait for the document at the post office, or appear in person within the next 75 years. This is exactly how long, in accordance with the order of the Ministry of Culture dated August 25, 2010 No. 558, the work book should be kept by the responsible person.

How to file a claim for the return of a work book?

Some unscrupulous employers try to “punish” former employees for any penalties or for personal reasons or unfulfilled obligations. This tactic works in some cases, but you should understand that it is illegal and unlawful.

After drawing up the claim, you must take it to the court office, make a copy for yourself and register it.
If a person is not completely free in terms of time, he is worried that the statement of claim will be accepted on time, and will not have to sit in a long line, then it must be sent by registered mail in order to have documentary evidence.

In 90% of cases, the court makes a positive decision in favor of the victim, and the employer will be obliged to pay compensation in the amount of the average salary for each day of delay. But still, cases when the above situation is resolved in court are not so frequent.

ATTENTION : our labor dispute lawyer will help you draw up a statement of claim for the issuance of a work book and the recovery of wages: professionally, on favorable terms and on time. Read more on the topic of delay in issuing a work book after dismissal by following the link in the lawyer’s blog!!!

Issuance of copies and extracts

The employer is required to issue copies of documents related to the work activities of citizens in the organization. This is carried out upon a written application from the employee, drawn up in free form. It may be similar to the example above, only you should ask not for the work book itself, but for a copy or an extract from it. The organization is given 3 days from the moment the representative of the enterprise receives the citizen’s appeal.

It is important to know! Most often, this procedure is used when a person enters into a relationship with a banking organization. It is she who requests documents confirming employment in order to assess the risks when issuing a loan, concluding a mortgage agreement, and so on.

How to draw up a document correctly

In the case where an employee needs to draw up a receipt for receiving a work book in hand, and the organization does not provide a special template for it, this document is drawn up in free form.

When writing a receipt, you should use general tips for its design. The document can be written by hand in any form. It can be drawn up either on plain paper or on a special form of the organization.

The employee can also type the text of the receipt on a computer, however, this method has certain disadvantages, because if a controversial situation arises with the employer, it will be impossible to carry out a graphological examination to find out who is the author of the document.

Registration of a duplicate

Sometimes you have to make a new document. Registration of a duplicate is possible only in cases strictly provided for by regulatory legal acts:

Loss caused by the fault of an employee or employer (persons responsible for storing documents in the organization).
Loss of a massive nature due to natural disasters, catastrophes and other force majeure circumstances.
Deterioration due to external influences (breakthroughs, burning, irremovable stains, etc.).
The record of dismissal or transfer was declared invalid. In this case, a duplicate is required only at the request of the employee.

Restoration is the responsibility of the company, and if, for example, the loss occurred during a period of unemployment, the responsibility of the last former employer. For this purpose, 15 days are given from the date of receipt of the application. The information to be entered is collected independently by the employee (extracts from various archives, old employment contracts and other sources of information).

The difference from the original will be the marking “duplicate” on the title page, as well as the absence of numbering of records up to the new place of work.

Features of the work book

A work book is a very important document. Its main purpose is to take into account the length of service, on the basis of which a pension is subsequently calculated for each citizen.

In addition, a work book is necessary when looking for a job: it gives potential employers an idea of the future employee, including allowing them to assess his qualifications and level. This is due to the fact that the document includes not only information about the person’s previous places of work, the reasons for his dismissal, but also about promotions, awards, incentives and disciplinary sanctions.

Thus, with the help of a work book, you can create a fairly complete and detailed professional portrait of an employee.

A work book is opened when a person is first employed and subsequently accompanies him throughout his entire active working life.

The standards for maintaining and storing work books are prescribed in the legislative acts of the Russian Federation, which, by the way, classify this type of document as strict reporting forms, and, therefore, clearly regulate the rules for their content.