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ACT of refusal to receive a work book in the year ________________ "___"____________ 20___ We, the undersigned: ________________________________________ in the presence of _______________________________________________________ (full name) have drawn up this act on the following: "___"____________ 20___ year ___________________________________, (full name .O.) who worked __________________________________________________________ (position, place of work) and was dismissed “___”_____________ 20___ under paragraph 7 of Art. 33 of the Labor Code of the Russian Federation by resolution __________________________________________________________ (name of the body that _____________________________________________________________________ adopted the resolution) dated “__”_______ 20___ No. _____ in accordance with Part 5 of Art. 39 of the Labor Code of the Russian Federation, I was asked to pick up my work book from the human resources department of the Gorpo. _________________________________________ refused to do this, (full name) citing the fact that _____________________________________________. (reasons for refusal) In order not to be held responsible for the delay of the employee’s work book, it was decided: to send __________________________________________ (full name) his work book to his home address by a valuable letter. What we sign: 1. ___________________________________________________ (signature) 2. ___________________________________________________ (signature) 3. ___________________________________________________ (signature) ___________________________________________________ refused to sign. (Full name) If the “activated” person refuses to sign the act after noting this, the drafters of the act sign again. It is also advisable to issue one copy of the act to the “activated” person against receipt.
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How to give a work book to a dismissed employee if he does not pick it up?
The situation today is typical - the employee quit, took the payment and left the employer’s organization.
Now many roads are open to him, and he strives to conquer new heights. An employee can move to work in another part of the city, change his place of residence, or leave the country altogether.
People are all different, which means that the plans of each individual cannot be predicted. But sometimes, out of joy from the fact that the due period has been fulfilled, the payment has been issued, and no claims have been found, the employee rushes out of his place, sometimes forgetting about important documents. Surely many employers of large firms and corporations have many work books that their employees did not pick up on time.
Many employers who are not closely familiar with the Labor Code are racking their brains over what to do if an employee does not show up for a work book on the day of dismissal. Someone wants to get rid of them as quickly as possible by destroying them, someone decides to throw them away, someone completely hides them in the farthest drawer and forgets about the work they left behind.
The Labor Code has long developed a rule according to which work books must be dealt with only in one way and in no other way.
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Deadlines for issuing work permits and employer responsibilities
While a person is working at an enterprise, the employee’s work book is kept in the personnel department, whose employees ensure the safety of this document and, if necessary, make changes to its content.
If an employee resigns from his position, a record of this fact is made in the employment record with the obligatory indication of the date and reason for leaving work (at his own request, due to professional incompetence, and so on).
The employer must also pay the subordinate. When an employee is dismissed, the enterprise's HR department must return his work book to the owner on the same day . This is required by Part 4 of Art. 84.1 Labor Code of the Russian Federation.
If for any reason the former employee does not pick up the document on the same day, you will need to document this fact by sending him a notification. Otherwise, the employee who has not received the work book can go to court with a claim for non-issuance of the work book. If after sending the notice the owner of the work document does not respond, the document is stored at the enterprise.
Expert opinion
Irina Vasilyeva
Civil law expert
If an employee applies with a request to issue him a work permit after the expiration of the issuance period, personnel officers are required to give him the document within three working days after his visit.
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Reception - transmission
It is compiled for transmission to another employee of the personnel service, appointed by order of the manager to be responsible for maintaining and storing forms. In this case, documents are transferred according to the act in accordance with the book for recording the movement of books. It indicates the list of documents to be transferred, and also includes information about the availability of inserts. After this the transfer takes place.
How is the act of acceptance and transfer of work books drawn up? You can see a sample here: