Documents that an employer must issue upon dismissal

General structure of a certificate of employment

In most cases, a certificate of employment is drawn up for presentation at the place of request. From the point of view of reflecting facts about the employee, the content of the certificate can be anything - the main thing is that it states that it was generated specifically for presentation at the place of request.

There are a number of standard, albeit unofficial, criteria for issuing the relevant certificate. Let's look at them.

The certificate from the place of employment must contain the basic details of the company (OGRN or OGRN individual entrepreneur, address, telephone). Details are usually indicated at the very top of the document - on the right or in the middle.

Below follows the date of compilation, as well as the document number.

Next, in the center of the page is the name of the document: “Help”.

The next element is a text block that displays information about the employee: full name, position, monthly salary, length of service in the company. It is further stated that the certificate must be provided at the place of request.

Below are the full name and position of the head of the company, signature and seal of the organization (if any).

The structure of the certificate we have considered is quite universal, but sometimes it needs to be adapted to the specifics of the place where the source is presented. Let's look at what a certificate of employment that must be submitted to a particular institution might look like.

Certificate of average earnings for the employment center

An application to the Employment Center entails assignment of the status of “unemployed” and registration of this citizen in this capacity. But before a person registers with the central bank, it is necessary to provide a number of documents to this institution. And first of all, we are talking about such an official document as a Certificate of average wages for the three months preceding the dismissal. The amount of unemployment benefits depends on the salary indicated in this certificate.

The need to provide this certificate, as well as other provisions relating to this document, are set out in Law 1032-1 (Article 3, paragraph 2).

By calculating the average monthly salary from your previous place of work for the specified period (3 months), you can determine the amount of unemployment benefits. If this certificate is not provided, the amount of the benefit is assigned in the minimum amount, based on the standard minimum wage on the date of registration of the citizen in the service in question.

What does a sample certificate from the place of work to the court look like?

During court hearings, the presentation of a certificate of employment is usually required to confirm the employment and income of the plaintiff or defendant, for example, to assign alimony. In this case, the defendant may be required to submit a certificate indicating:

• his full name, position;
• salary or average earnings;
• work experience in the company.

The document must be certified by the seal of the employing company (if any), as well as the signature of the head of the company.

When do you need to issue certificates upon dismissal?

The Labor Code imposes strict requirements on the organization to issue a quitting employee with a work book and paycheck on the final working day. The employer issues all other certificates and documents to the person upon his written application, the deadline for completion is 3 working days.

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Know: if a person requests certificates even a few minutes before his dismissal, the personnel service is obliged to issue them “to the day.” We put all matters aside and prepare the necessary certificates and copies of the necessary documents. This is required by law, and you need to come to terms with it.

In this case, the applicant can indicate in his request the method of receiving all the necessary documents, for example, by post. When a person does not want or is physically unable to come to the office to receive his work documentation, he has the right to request that certificates be sent by mail or courier. In this case, the company is obliged to send a registered letter to the specified address with notification and a description of the contents. Thus, you can even take away your work certificate (but only with the written expression of the will of the applicant).

It is worth knowing that you can request a package of documentation related to work at any time, even several years after dismissal. The only difficulties that may arise in this case are that if the company is liquidated (the individual entrepreneur is closed), it will be difficult to restore the documents. But this is also possible, for this you can try to convert it to the state. an archive where all documentation about the organization’s employees should be stored. Archive employees must restore and endorse the necessary data.

Certificate from place of work for obtaining a visa

A certificate from your place of work for obtaining a visa may correspond to a sample document drawn up according to the general criteria that we described above. The fact is that it is supposed to indicate the salary and length of service of the employee - precisely the information that is primarily needed to assess the reliability of the tourist.

At the same time, statements for visas are welcome stating that:

• the document is drawn up specifically for the consulate of a certain country;
• the employee is guaranteed to be able to continue working for the company upon returning from travel.

Consulates also have a positive attitude towards certificates printed on the letterhead of the employing company.

Some consulates issue their own forms to fill out. In this case, it is better to clarify the requirements for content and completion on the websites of visa centers.

Find out how to comply with consular requirements and issue a certificate for an employee to obtain a visa correctly from a consultation with a ConsultantPlus expert.

Package of necessary documents for registration of dismissal

The list of documents required for dismissal is determined in each case individually. It depends on the reasons and grounds for termination of the employment relationship. If the employee decides to terminate the contract on his own initiative, then the list of required papers will be small.

List of documents for voluntary dismissal:

• statement;
• bypass sheet.

Statement

The application is the main document for dismissal of one's own free will. If an employee decides to terminate the employment contract, he should notify the company management in writing. Based on the submitted application, a dismissal order is prepared.

Based on the order, the employment relationship is terminated and a full financial settlement is made with the subordinate. An application is drawn up in free form. It must be written addressed to the director of the company.

It should reflect information about the date and for what reason you plan to leave work. The document can be drawn up manually or using printing technology.

The application must be submitted at least two weeks before the planned date of dismissal. This is necessary so that the employer has time to find a replacement for the employee.

The application is signed by its originator, and after reviewing the document, the head of the company puts his resolution on it.

Bypass sheet

Signing the bypass sheet is considered an important part of the dismissal procedure. But such a document is not strictly mandatory under labor law. Typically, a bypass sheet is issued in large organizations that consist of many operating structural units.

In medium- and small-class enterprises, dismissal is usually carried out without signing this paper. A bypass sheet is required for persons who are financially responsible.

Such paper confirms the fact that the employee handed over all valuables, codes, documents, passwords, secret information and materials that were previously at his disposal. It also indirectly records that all the property handed over is in proper condition. The bypass sheet is confirmation that the employee does not owe anything to the former employer.

Such a document includes a list of the main divisions of the enterprise. Usually it includes the departments of personnel, accounting, material support, and administrative and economic services. The head of each department must sign the bypass sheet and certify it with a seal.

Why do you need a certificate from your previous place of employment?

A certificate from a previous place of employment is most often needed if a new employer needs to correctly calculate sick leave or maternity benefits.

In 2020-2021, such a certificate must be issued in the form approved by Order of the Ministry of Labor dated 04/30/2013 No. 182n as amended by Order of the Ministry of Labor dated 01/09/2017 No. 1n. For more information, please follow the link below:

IMPORTANT! If the certificate is filled out incorrectly, the Social Insurance Fund will not accept it and will exclude the amount of income from the average daily earnings. That is why it is very important to fill out the document correctly.

A sample of filling out the certificate, as well as the procedure for completing it, can be found in the Ready-made solution ConsultantPlus, having received free trial access to the system.

Requirements for a certificate of insurance premiums

A unified form is used in the form KND 1151111. The employee must be given a copy of section 3. Only information about the employee being dismissed must be included.

The filling out requirements do not differ from the previous document, and you will find detailed instructions in the article on how to correctly fill out the new RSV-1 form.

Remember that the new form was introduced on 01/01/2017. If you need to provide information on insurance payments for 2021 and earlier, you will need to prepare a copy of section 6 of the old RSV-1 form.

Sample certificate of employment at the request of social security authorities

Such a certificate is needed in order to show the social protection authorities that the father or mother of the child is not on leave to care for him, in order to receive state benefits assigned by order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

The form of this certificate is not approved by law. For such purposes, a document presented in a general structure is suitable, but it must be supplemented with wording that corresponds to the specific situation (for example, that the employee does not use parental leave).

Papers issued to the employee

All certificates are distinguished by form, but the employer must fill out each one very carefully and without errors.

About taxes 2-NDFL

Certificate 2-NDFL confirms official income and withheld tax. The employer sends such a certificate to each employee. The tax office sees where a person works, how much he earns per year, and how much personal income tax he pays.

Such a certificate may be useful for an employee to confirm official income at the bank so that they can issue a loan and to apply for a tax deduction when purchasing a home.

The full name of the 2-NDFL certificate is “Certificate of income and tax amounts of an individual.”

The type of document is specified in Order of the Federal Tax Service of the Russian Federation No. ММВ-7-11/566. Its structure is similar to tax returns:

1. Information about the employee.
2. The amount of tax at the end of the reporting period.
3. Information about deductions: standard, social, property.
4. Information on income and deductions by month of the reporting period.

The 2‑NDFL certificate is filled out by the organization’s accountant, based on tax reporting data. The document is received upon application (clause 3 of Article 230 of the Tax Code of the Russian Federation) on the last working day.

About salary 182Н

The document indicates income for two years before the year of dismissal and for the year of dismissal.

An employee will need such a certificate for processing social benefits : based on the document, they will be able to calculate temporary disability benefits, as well as child benefits for maternity and child care. Funds for them come from the Social Insurance Fund. The type of certificate was approved by order of the Ministry of Labor of the Russian Federation dated April 30, 2013 No. 182n.

In the first and second sections, they indicate information about the employee and the employer, enter the amounts of earnings and other payments from which insurance contributions were made in case of temporary disability and in connection with maternity. The fourth section indicates how many days the employee was temporarily disabled or on maternity leave.

The certificate must be issued without an application from the employee on the day of his dismissal in accordance with Art. 4.1 No. 255-FZ.

To receive unemployment benefits

The certificate indicates the employee’s average earnings for the last three months. This document will help the quitter register with the employment center and receive benefits - the amount of payment will depend on the average salary.

There is no standard form for this certificate, but the letter of the Ministry of Labor of the Russian Federation No. 16-5/B-421 indicates a recommendation form for it.

The document contains confirming information that the employee who was fired worked and information about the average salary for the last three months. The number of weeks worked in the year before dismissal and the number of vacations, sick leave and other time off are also indicated.

At the end of the certificate they write on the basis of which personal accounts and payment documents it was issued. In order for a dismissed employee to receive a document stating that he worked in this organization, he needs to write a statement (Article 3 of Law No. 1032-1, Article 62 of the Labor Code of the Russian Federation).

About the insurance experience SZV-STAZH

SZV-STAGE is an annual report on the length of service of all employees. It contains information about the amounts of insurance contributions that the employer sends to the Pension Fund.

When an employee is dismissed, an extract from the report is given only for him.

The former employee will need the extract to apply for a pension. The type of certificate was approved by Resolution of the Board of the Pension Fund of the Russian Federation No. 507p. The statement indicates:

1. Information about the policyholder, registration number in the Pension Fund, purpose of pension, TIN.
2. Reporting period.
3. Information about the employee’s periods of work, full name, SNILS, calculation of the insurance period, information about dismissal.
4. Information about insurance contributions to the Pension Fund.
5. Information on pension contributions to non-state pension funds.

The employee receives the document on the day of dismissal (Article 11 No. 27-FZ, clause 4).

RSV

Calculation of insurance premiums (DAM) is a voluminous reporting document that contains information about insurance premiums for employees.

When dismissing an employee, you will need an extract from the third section of the DAM; information about a specific employee for the reporting period in which he resigned is entered there. The type of calculation for insurance premiums is fixed by order of the Federal Tax Service of the Russian Federation No. ММВ-7-11/551.

The extract contains the following information:

1. billing period;
2. employee data: full name, INN, SNILS, date of birth, citizenship, gender;
3. passport series and number;
4. information about the health and social insurance of the dismissed person;
5. information about the amount of payments in addition to wages and insurance contributions for them;
6. information on payments for which insurance premiums were calculated at an additional rate.

The employee must receive a statement about himself on the day of dismissal (Article 11 No. 27-FZ, clause 4).

SZV-M for the last month

Certificate of insurance contributions SZV-M - employer reporting form for the Pension Fund. The employee will need this certificate upon retirement (Articles 11, 15 of Law No. 27-FZ).

The type of document is specified in the Resolution of the Board of the Pension Fund of February 1, 2021 No. 83 p. The employer’s details are included in the extract, the reporting period is the current year and the employee’s data: SNILS and INN. Information about earnings and contributions is not indicated on the statement. The employee receives the document on the day of dismissal (Article 11 No. 27-FZ, clause 4).

What other documents can I request?

An employee may request additional papers upon dismissal, in particular, copies of orders for dismissal, hiring, or transfer to another job. To receive them, the employee needs to write an application.

The employer is obliged to provide all the necessary documents on the employee’s last working day (what documents are issued upon dismissal?).

The dismissal procedure is no less important than hiring an employee. Read our articles about the nuances of preparing and issuing a pay slip, a bypass slip, a letter of recommendation, and also find out why a duplicate work record book is needed.

Results

A certificate of employment may be required in a variety of types of institutions - private, public and even international. The main thing when drawing them up is to take into account the requirements for the relevant documents established by the organizations that request them.

You can familiarize yourself with the specifics of other types of certificates issued by employers for employees in the articles:

• “Why and where do you need a 2-NDFL certificate?”;
• “The procedure for issuing a 2-NDFL certificate to an employee”.

Sources:

• Order of the Ministry of Labor of Russia dated April 30, 2013 N 182n
• Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What to do if documents are not issued

In Art. 62 of the Labor Code of the Russian Federation states that the employer is obliged to provide his resigning employee with all documents related to his work activity with this employer. Some documents are issued on a mandatory basis, while others are issued upon a written application from the employee.

Documents must be prepared and issued to the employee within three calendar days after submitting a written request. As a rule, the application is written to the head of the personnel department and to the chief accountant. There are no problems with issuing papers.

But it may also happen that the employer does not want to issue documents, citing various reasons. For example, the boss is on vacation and cannot certify copies. This is the most “popular” reason for refusal.

There are no valid reasons for refusing to issue documents to a resigned employee. This is the direct responsibility of the employer, and he has no right to evade it. For evasion, he can be brought to administrative responsibility.

If the employer does not want to hand over the documents, the former employee has two legal options:

• write an application requesting extradition in two copies and submit it through the secretary. He will register the paper as an incoming document, write down the date of acceptance and the serial number in the journal. He will indicate exactly the same information on the employee’s copy;
• send the application by registered mail with notification and an inventory of the contents. The notice must be given to the employee who receives the mail. He will sign for receipt. This will be considered the fact that the application has been accepted for consideration.

Within three days after receiving the application, the employer must prepare copies of the originals of all documents related to the applicant’s employment. If he does not do this, the employee has the right:

• write a complaint to the labor inspectorate;
• write a complaint to the prosecutor's office.

You can submit a complaint to these two supervisory authorities simultaneously. They are authorized to conduct inspections of employers regarding violations of labor laws. You can file a complaint:

• during a personal visit;
• by post;
• via the Internet using the official website of one of these supervisory authorities.

Now the most popular way to submit applications from citizens is through online reception desks through the official websites of government agencies. The period for consideration of the application is 30 days from the date of registration of the document. When filing a complaint online, the registration date is the date the complainant received the electronic notification.

In a complaint against an employer, you must indicate the reason for filing it. In this case, it is worth using the following wording: “I ask that the employer be held administratively liable for violating labor laws under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and issue an extradition order to me, in accordance with Art. 62 of the Labor Code of the Russian Federation, documents for the period of my work.” An inspection will be carried out by the relevant supervisory authorities. If such a violation is committed for the first time, the employer may only be given a warning or a minimal fine. If this happens regularly, and the employer has already been held accountable by the inspectorate or the prosecutor’s office, then the size of the fine increases several times.