Application for issuance of a work book, sample and example

True, until recently there was a ban on issuing employees their work records, except in cases related to the direct dismissal of employees.

Today things have changed a little for the better.

The amendments made to the labor code establish the ability of an employee in some other life situations to ask the HR department to issue him a work permit.

In this article, we will look at all the reasons for issuing work permits, introduce you to innovations in the field of labor legislation, and finally find out exactly when an employee can demand his work permit and when it is impossible to refuse him.

Regulatory documents

As you know, the first and most important legislative act in the sphere of labor relations is the labor code of our country. It contains all the fundamental rules and requirements on which all labor law is based. The Labor Code did not ignore the issue of issuing work books.

A few years ago, the only article that reflected the procedure for issuing work permits was Article 62 , which states that upon dismissal, the employer or HR department employee issues a work permit to the employee, and can also provide other documents.

Today, changes have already been made to this article, and the updated labor code entered into force on January 1, 2015.

Article 62 has added the basis that the HR department employee and the employer must also issue a work book to the employee if the employee has drawn up a corresponding application. Then the responsibility for storing and returning the work book falls entirely on the shoulders of the employee, including in the event of the employee losing the work book.

But, unfortunately, the innovations were not reflected in any other regulatory legal acts except the labor code.

The most important regulations, which specifically related to the issue of storing work books and filling them out, did not change their articles even in part.

But let’s hope that soon changes will be made to the instructions for filling out work books for HR department employees, as well as to the rules for maintaining and storing work books, which are enshrined in Resolution of the Government of our country number 225.

Below you see the text of Art. 62. Labor Code of the Russian Federation:

Purchasing a work book

Some information

The employer is required to have the required number of work book forms and inserts in it in accordance with the law. And he has no right to demand that the employee buy a work book on his own. When issuing a work book to an employee, the employer has the right to charge him a fee, the amount of which is determined by the amount of expenses for its acquisition.

When figuring out how to get a work book for the first time, it is important not to make a mistake about who should purchase the document form - the employee himself in a bookstore (at the market, at a kiosk) or the employer.

It is not recommended to buy a work book form yourself, since there is a risk of buying a copy that does not meet current standards or was manufactured by an enterprise that does not have the right to produce such forms.

Important: the employer is obliged to purchase work books for staff, and he does not have the right to demand that the hired employee buy the form on his own.

The employer must also:

maintain a special book for recording the issuance, storage and receipt and expenditure of work books, where documents of new employees are registered;
store workers’ work books, being responsible for their safety;
hand out a work book to the employee upon his dismissal, making an appropriate entry in the above book.

Please note: after registering a work book for the first time, the law allows the employer to deduct its cost from the salary of the employee for whom the work book has been opened. But only on the basis of a special order, which must be familiarized to the employee against his signature. This amount cannot be deducted from a person's salary without his consent.

In what cases is an employee issued a work book? Is the employer obliged to issue a book?

The employer, in accordance with the new edition of the Labor Code, is obliged to hand over to the employee his work book based on an application, but only if the reason for issuance is justified and acceptable.

If previously the only basis for issuing a work book was dismissal, today such a basis is a simple statement. Of course, not every application can be the first step towards issuing a work permit . The application must state the correct reason.

Such a valid reason includes providing a work record book to a pension fund. For example, an employee wants pension fund employees to calculate his work and insurance experience. To do this, he writes an application and picks up the work book. Read more here.

Also, the basis for issuing a work book to an employee who continues to work is the placement of a part-time job. The employee must provide a labor document to the second organization to set a date for hiring part-time work. Read here why you can’t apply for a second work book for part-time work.

Another reason is to submit the labor report to the court hearing. For example, when there is some kind of dispute related to labor relations.

There can also be a lot of reasons for issuing a work permit, and they are all individual. But, unfortunately, it won’t be possible to get a job just out of idle interest.

Handing out a book or a copy thereof

The procedure for issuing work books is regulated by the Labor Code of the Russian Federation. In addition to issuing a completed form, upon written application from an employee of the organization, the employer can also issue the following documents:

hiring order}
transfer order}
dismissal order}
statement of payment of required contributions}
salary certificate}
certificate about the period of work of this employee.

Before receiving your document in hand, the employee must submit an application for a work book. In addition to the case of dismissal, an employee of an enterprise may also need a work book upon reaching retirement age, when he remains at his current place of work, but must apply to the Pension Fund to accrue his pension.

According to the law, the personnel service cannot issue a work book to an employee until he quits. Of course, personnel officers have the right to make a copy of the document and certify it in accordance with the rules, but for a government body such as the Pension Fund, the original must be provided. In this case, HR officers can take the next step - accept an application from the employee to issue him a document with an obligation to return it by a certain date.

In the application for a copy of the work book, you must indicate the reason for its need, as well as the request itself. After submitting an application to the HR department, it is reviewed by employees of this department together with the director of the enterprise. After consideration and if the request is granted, the copy is certified. Moreover, the copy itself can be made either using technical means or made manually.

The order to issue a copy after the employee submits the application must contain the employer’s surname and initials, his position, and signature. All this data is certified by a seal. A copy of the work book includes not only information about the job, but also the first page, which contains all the information about its owner. Each page is certified with the inscription “True”, the official’s signature and seal.

Step-by-step instruction

Of course, obtaining a work permit is impossible without following the appropriate steps. So, it is necessary to clearly familiarize yourself with the provided action plan and glean the necessary information from it, as well as study the so-called nuances.

Perhaps, thanks to our article, you will forever understand the process of obtaining a work book in your hands and educate a large number of citizens on how to correctly carry out such an action. So, let's get started.

Of course, in order to get your work book in your hands, you need to go to the HR department.
There you must warn the employee that you will soon appear for a work permit, and you can also ask for a sample of an application for obtaining a work permit.
If you wish, you can tell the HR employee the reason so that he can help you formulate it correctly in the application.
Now you must draw up an application on A4 sheet , using the sample or advice received from the HR department employee.
Next, the application is submitted for consideration either to the employer or to a personnel department employee.
If the reason for obtaining a work book is logical and valid, then the HR department employee must also perform a number of actions.
The work record book is extracted from the employee’s personal file.
In the book of movement and storage of labor , which is kept by the HR department employee, a corresponding entry is made about when the labor was issued to the employee, for what reason and for what period.
As a rule, the period is discussed individually with the employee, depending on the reason why the work book is removed from the personal file.
His application for the issuance of a work permit is sent to the employee’s personal file.

At this point, the procedure for issuing a work book is completed. But, despite the fact that we examined in detail the complex procedure for issuing a work book, some questions remained unanswered and a number of nuances were not considered.

Application form in case of loss of a book

When filling out documents in the HR department when applying for a job, the applicant must immediately warn that his work record has been lost. As a rule, the application is drawn up not by the applicant, but by a personnel employee. Moreover, first an employment contract is concluded with a person, then such a statement is drawn up. In accordance with the labor legislation of the Russian Federation, an employer, upon receipt of an application, does not have the right to refuse to issue this document to his subordinate.

Although there are still no specific standards for writing an application for the issuance of a work book, personnel officers use certain rules and regulations that have been in force for many years.

Firstly, such an application is drawn up in the name of the director of the enterprise.
Secondly, it must indicate the reason for the employee’s lack of this document.
As soon as the application is written, it must be endorsed by the head, unless the organization has other rules.

Having received an application from a HR department employee for the issuance of a work book, the employer is obliged to issue it in accordance with all the rules within seven days from the moment the employee is hired at a new place. It should be borne in mind that the issuance of a new book is allowed after five days of an employee’s work in this company, as well as provided that he does not work anywhere else.

In some cases, you need to independently write an application for the issuance of a work book, since this may be required by the personnel department of the enterprise in which the person is employed. This application should include information from which personnel officers will find out whether the applicant is applying for a job for the first time. In addition, here you need to indicate the reason for the absence of the book, and this does not depend on whether this is your first place of work or whether the document was lost.

You also need to know that the employer cannot require the employee to independently purchase a blank work book form. According to labor legislation, as well as Labor Rules, the director of the enterprise is obliged to purchase in advance a certain number of forms and inserts, which he must subsequently issue to all new employees who do not have their own books up to this point.

Is it possible to receive someone else's work book by proxy?

Receiving a work book by proxy is only agreed upon if the employee is fired and cannot obtain such an important document himself. A representative from an employee comes to the organization and receives a work permit, providing a power of attorney signed by the employee for review.

But as for the issue of granting a power of attorney to obtain employment for another reason, the question remains open. The legislator in his articles does not prohibit this action or permit it.

Therefore, the HR department employee or the employer must independently decide whether they will take such a risk as issuing a work book by proxy.

Power of attorney to receive a work book by another person - sample form.

How to make an application correctly?

The issuance of a work book begins with the preparation of an application. It is a correctly drawn up document that is the key to the fact that you will be given a work permit, but how to draw up an application correctly, since the legislator has not provided an established uniform form for this?

The first step is to contact your organization's HR department. Find out how to fill out this application and if there are any rules or guidelines. If they tell you that such a statement is drawn up in any form , feel free to start drawing it up. If there are rules, remember them well or draw up an application under the close supervision of a personnel department employee.

But we will analyze the first option, where the application is drawn up arbitrarily, because in fact, even if the organization has its own requirements for the application, they are not generally binding for all employees.

So, let's start with the fact that the application is drawn up on A4 sheet. In its right corner is written the name of the organization, as well as the name of the employer, because it is him who the employee addresses through the application. Also in the same right column, the employee indicates his position, as well as his first and last name.

In the middle of the line the word statement is written in capital letters . Then they begin to explain the reasons why the employee suddenly needed a work book.

If there are links to articles and legislative acts, they must be indicated. It is also necessary to write a statement, citing truly worthy reasons.

At the end of the application, the date and signature of the employee are placed. If the application is accepted by the HR department, it will be stamped with the organization's seal.

Also, the general rules for filling out an application are the absence of errors, writing in clear, neat handwriting or printing on a computer.

How to record the fact of transfer of TC and is it necessary to do so?

The fact of transfer of the work book is recorded in three documents. The first is an application, because putting the organization’s seal on it indirectly indicates that the application has been accepted and now the work permit will be issued in the near future.

The book for recording the storage and movement of work books also notes the fact of transfer to the employee of the work record with his corresponding signature.

Some employers and HR department employees also require employees to provide a receipt indicating that the work book was issued.

Receipt of receipt of the work book in hand - what is it, how to draw it up?

The receipt is drawn up with an arbitrary signature. On a piece of paper, the employee writes his initials, number and series of the passport and promises to return the work book on such and such a date. The employee himself also signs the receipt.

The receipt is sent to the employee’s personal file and, if returned on time, the receipt is simply destroyed.

Receipt for receipt of the work book in hand - sample.

The employee does not return the work book - what to do?

Unfortunately, unscrupulous employees often come across. They do everything possible to frame the employer or, on the contrary, they do it unconsciously. One way or another, the employee did not return the work book - what to do in such a situation.

The first measure of influence is the request of the employee to fulfill the promise . If an employee does not provide labor on site within a week, then do not be upset. The employer can go to court and, by presenting a receipt or entry in the work record book, will win the case, but the unfortunate employee will be fined and possibly fired.

Therefore, if you are going to commit a similar act as an employee, think ten times whether you need court hearings.

How to get a work book

The question of how to obtain a work book for the first time is regulated by the Labor Code of the Russian Federation and the Rules for maintaining and storing work books - it must be issued by the employer (approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

An organization or individual employer issues a new employment form for an employee within a week in the following cases (Article 66 of the Labor Code of the Russian Federation, clause 8 of the Rules):

a person signs an employment contract for the first time;
the employee lost his previous work record.

In any of these cases, you need to write an application requesting a new work book.

If the employee did not provide such an application upon admission, the employer requests his employment record. In its absence, he must create a new form, since the legislator obliges all employers to keep work books for employees when (Part 3 of Article 66 of the Labor Code of the Russian Federation):

for the employee, work activity at this enterprise is the main one;
the employee worked more than 5 days.