Is it possible to issue a work book by power of attorney{q}

If the dismissed employee himself cannot obtain a work book, then another person can do this for him, but only with a power of attorney certified by a notary. If the power of attorney is ordinary, not notarized, then it is better not to issue a labor power of attorney based on it. According to civil law, a simplified power of attorney is allowed when issuing funds and correspondence. The exception is valuable correspondence. For these purposes, a power of attorney can be certified by the employer at the place of work of the person who issued the power of attorney (185.1 of the Civil Code of the Russian Federation). In the article we will consider the procedure by which a work book is issued by proxy.

Power of attorney to obtain a work record book

A power of attorney to obtain a work record book is understood as a document by which one person delegates his right to another. According to the requirements of labor legislation (84.1 of the Labor Code of the Russian Federation), in the event of dismissal of an employee, the employer is obliged to make a full settlement with him, as well as issue a work book. However, this is not always possible. For example, a resigned employee may not show up for work that day due to illness, or be at a remote site, or simply ignore the need to get a book from the HR department. When such situations arise, the employee who quit independently looks for ways to solve the problem and asks his employer a question about the possibility of obtaining a work book by another person by proxy (

When must it be issued upon dismissal?

The manager or personnel officer is required to hand over the employment record on the day the relationship is terminated (clause 36 of the Rules for maintaining and storing employment records).

If it is impossible to perform these actions for the reasons described above, the employer independently notifies the dismissed person in writing that he must independently come for the work permit or give written permission to send the document by mail.

The employer may be guided by the transferred power of attorney.

For example, employee Silaev A.E. worked at Veter LLC as a system administrator. Having resigned by agreement of the parties, he immediately left for permanent residence in another country. The move was hasty, and therefore he did not have time to pick up his documents in a timely manner. A trusted person can do this for him.

After the termination of the relationship between the employer and the dismissed person, civil law rules apply.

https://youtu.be/OGeTl_nJqYI

The legislative framework

Labor legislation does not directly contain requirements on the issue under consideration. In accordance with Art. 84.1 of the Labor Code of the Russian Federation, if an employee did not receive a work book on the day of dismissal for any reason, then the employee is sent a notice of the need to appear for this document, or to agree to send the book by mail. According to this norm, the recipient of the work must only be the owner himself, and the transfer of the work to another person, even if he has the appropriate authority, is not allowed. But there is no direct prohibition on issuing a book to another person by proxy. In accordance with Article 185 of the Civil Code of the Russian Federation, one person can issue another a document to represent interests. Thus, specialists, answering the question about the possibility of issuing a work book by proxy, give a positive answer. But only on the condition that this power of attorney is properly executed.

Important! While the employee is working under an employment contract, the work book is kept by the employer. According to the labor code, it must be issued to the employee only on the day of dismissal. But if on the day of dismissal the employee did not receive his book, then from the next day the norms of Civil Legislation come into force. This means that in accordance with the Civil Code of the Russian Federation, an employee can entrust the receipt of his work to another person (for example, a relative, but not necessarily). But the power of attorney in this case must be notarized.

Is it possible to give a work book to a relative of an employee?

Legislative acts require the issuance of a work book with an entry on the termination of the employment contract to the dismissed employee on his last working day with this employer.

In some cases provided for by law, the date of dismissal is not considered the last day spent in service, but another date. This is possible if, for example, before dismissal, an employee was given previously unused vacation, after which he will be considered dismissed. In this situation, the last working day before the vacation will become the day of calculation and issuance of the work book, while the date of dismissal will be the last vacation day.

The employer is obliged to issue the employee a work book that is properly executed. Upon dismissal, it is worth checking the following points of completion for compliance with the Rules for maintaining and storing work books:

• each entry made in the book during the time of work for this employer must be certified by the signature of the superiors (responsible person);
• Each signature must bear the seal of the organization or its human resources department;
• The signature of the employee must also be present (except in cases where the book is not issued to him or he refuses to receive it);
• records are formulated in the form prescribed by law;
• the last entry should be a record of dismissal from this organization;
• if the book was kept not only in the state language, but also in the regional one (of a republic that is part of the Russian Federation), then both texts must be certified accordingly.

NOTE! Correct wording is very important. If the previous employer made an entry “not according to the protocol”, and the subsequent one refused employment because of this, the court will side with the unfairly offended employee, which is fraught with the payment of serious compensation and compensation for lost earnings.

An employer does not have the right to release a former subordinate with a book in which the appropriate entries have not been made. According to Art. 66 of the Labor Code of the Russian Federation, he is obliged to make entries related to changes in the position or personal data of the employee. Without this information, there will be no point in the book itself and its storage at the workplace. Also, in the absence of this information, problems may arise with the calculation and accrual of the employee’s pension.

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The procedure for dismissal and receipt of a book is as follows:

1. Drawing up a statement to a subordinate if he resigns of his own free will.
2. If the dismissal occurs at the initiative of the manager, then a special act is drawn up.
3. The management is obliged to read the application and approve the employee’s decision.
4. After writing the application, a two-week work period must follow.
5. On the last working day in the work record book, the manager or an authorized person (usually a personnel employee) makes an entry and endorses it with his signature and company seal.
6. The employee can receive his document along with all payments due upon dismissal.

So, a record of dismissal is made in the work book on the last working day (Resolution of the Government of the Russian Federation of April 16, 2003 No. 225). It should contain the following points:

• Serial number of the record.
• Date of dismissal in the format dd.mm.yyyy.
• Grounds for termination of the contract. We remember that words are written in full, without using any abbreviations. A reference to the number, paragraph, part of the article of the Labor Code of the Russian Federation is required.
• Order details without abbreviations.
• Signatures of the authorized employee or manager and the dismissed employee. The company's seal certifying the entry made.

Until an entry is made into the employment record, it cannot be issued to the dismissed employee.

If the work book was filled out in the state language of the Russian Federation and in the state language of the republic within the Russian Federation, both texts are certified.

It turns out that it can. The legislator provides for this possibility in the Labor Code. True, in return, citizens representing the interests of the employee must provide an appropriate document that would confirm their authority. And this document is a power of attorney. If there is a delay in issuing a work book to an employee due to the fault of the employer, or if the reason for the employee’s dismissal is entered into the work book incorrectly or not in accordance with federal law, the employer is obliged to compensate the employee for the earnings he did not receive during the entire delay.

It should be recalled here that until 1997, in accordance with Art. 213 of the Labor Code of the Russian Federation, if the wording of the reason for dismissal in the work book is incorrect or does not comply with current legislation, it prevented the employee from taking a new job, the body considering the labor dispute could decide to pay the employee average earnings for the period of forced absence, but not more than for one year .

Having carefully studied the document, the head of the HR department noted the following. The power of attorney was certified by the chief accountant of the Samara branch on December 23, 2009, while Elena was no longer his employee. From the presented document it followed that the authorized person does not have the right to perform all actions related to obtaining a work book (for example, nothing was said about the right to sign a personal card of form No. T-2).

In addition, the former employee’s passport details were not provided in full.

Is it possible to issue a work book based on such a document, given that neither the Labor Code nor the Power of Attorney Rules are mentioned at all {q}

The HR officer decided to play it safe and consult the organization’s lawyer on this matter.

The person to whom the power of attorney has been issued must personally perform those actions for which he is authorized (Article 187 of the Civil Code of the Russian Federation)

The issue of issuing a work book upon dismissal and proper registration is regulated by Article No. 81.

The decision is explained by the fact that the relationship between an employee and an employer can only be regulated by the Labor Code of the Russian Federation, and the law prohibits the transfer of a document to a third party. Returning to the issue of recording entries, the Labor Code does not clearly state the correctness of their entry. However, the Rules for maintaining and storing work books establish recommendations according to which the employer makes a record of dismissal.

Receiving a work permit not by hand, but by mail, is also regulated by legislative acts.

The rules for the provision of postal services, established by the Government Decree of September 26, 2000, describe in detail the procedure for sending such documents and the specifics of delivery.

On the day of dismissal, the company is obliged to return the work book to the employee. However, there are situations when this is impossible to do, and a request is made to transfer the document to another person.

Is management’s consent legal, and what should a HR specialist do? {q}

When the work book (LC) cannot be handed over in person, a notification is sent to your home address asking you to go to the HR department or give written consent to send it by mail.

Sometimes, due to various circumstances, both options are not suitable. For example, a fired employee has moved to another region or changed jobs, and he simply has no time to resolve the issue.

A power of attorney to receive a work book upon dismissal is a form that allows another person to be a representative of a former employee, instead of which you can pick up the labor record for further transfer to the owner.

The person chosen must be reliable and responsible. There are other conditions.

What the law says{q}

The regulations relating to labor activity do not contain clear language on whether labor rights can be transferred by agreement.

As a result, disagreements arise in practice.

https://www.youtube.com/watch{q}v=nfNtEfkAklQ

Doubts arise for three reasons:

• the contract does not contain conditions for receipt of the document by third parties;
• there are no instructions on this issue in the rules for maintaining and storing books;
• Rostrud does not regulate the issuance procedure.

Despite all the contradictions, in most cases the management agrees and transfers the document to a trusted person.

This is possible if the employee cannot independently come to the organization for a good reason.

Labor legislation does not regulate the procedure for transferring labor rights.

It should be based on the general requirements provided for in Art. 185-189 Civil Code of the Russian Federation:

• The power of attorney must contain personal data not only of the bearer, but also of the citizen authorized to pick up the TC.
• Notarization required.

The right to receive is granted to any legally capable persons chosen by the owner:

• family members;
• relatives; Colleagues; comrades, etc.

In the event of dismissal due to the death of an employee, the book is taken by his relatives; a power of attorney is not required.

The main condition is to document the relationship, for which you should prepare:

• passport;
• marriage certificate (for husband or wife);
• birth certificate (for children, brothers or sisters);
• other certificates.

Arguments against"

Some organizations completely deny the possibility of transferring TC by proxy.

The decision is explained by the fact that the relationship between an employee and an employer can only be regulated by the Labor Code of the Russian Federation, and the law prohibits the transfer of a document to a third party.

If the employee cannot pick it up on his own or receive it by mail, the company stores it for at least 50 years until required.

Arguments for"

Lawyers argue that after the dismissal of an employee, labor relations are replaced by civil law ones.

According to Art. 185 of the Civil Code of the Russian Federation, any person chosen by the owner has the right to receive the document.

An important condition is to correctly draw up the power of attorney, taking into account the legal side of the matter.

The document in question has a unified form and must meet all the requirements for it.

The main one is certification at a notary office.

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If drawn up personally, it will be invalid, so it cannot be used as a basis for issuing a TC to a stranger.

The power of attorney to receive a work book upon dismissal contains:

• information about the owner and representative (full name, date of birth, place of registration and other personal data);
• information about the order to pick up the shopping center;
• company name, TIN;
• signature of the owner of the trading company, sample signature of the authorized representative;
• date of preparation of the document (without it it loses legal force);
• validity period (if not specified, then 12 months are considered).

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The procedure for issuing a power of attorney for issuing a work book

Proper execution of a power of attorney for the issuance of a work book assumes that it is notarized. In this case, you will need to pay for notary services. As a rule, certification of a power of attorney costs a person no more than 1,000 rubles.

The power of attorney for obtaining employment must contain the following information:

• information about the authorized person (full name, passport details, residence address, as well as other information identifying the authorized person);
• information about the person instructing the trusted citizen to obtain a work book;
• date and validity period of the power of attorney (if the power of attorney does not indicate the date of execution, then it is invalid).

Important! It is impossible to issue a work book by power of attorney that does not contain the date of completion or has expired. Such a power of attorney is invalid.

Where and how to apply

The power of attorney to receive a work book upon dismissal must be notarized. If the former employee is in a place of deprivation of liberty, then the powers delegated by him to another person can be certified by the head of the corresponding place of deprivation of liberty. Some employers also issue a form in the case where the representative’s powers are certified by the organization where the principal works or studies, or by the administration of the inpatient medical institution where he is being treated. However, keep in mind that the possibility of certification by these organizations of a power of attorney for obtaining employment is not expressly provided for by current legislation. You will have to pay for notarization of the representative's authority. As a rule, this amount does not exceed 1000 rubles. But both the principal and the personnel officer, to whom the representative turns to receive the document, can be sure that the authority is properly formalized.

Sample power of attorney for obtaining a work record book

Issuance of a work book in the event of the death of an employee

Important! The issuance of a work book to a relative of a dismissed employee is provided for by current legislation only in one case - if the employee has died (clause 43 of the Rules for maintaining and storing labor records). In other cases, the issuance of a work book to other persons, including relatives of the employee, is not permitted.

If an employee dies, a corresponding entry is made in the work book. After this, the document is issued to one of the relatives of the deceased against receipt. Also, the book can be sent to relatives by mail in accordance with the request of one of them in writing.

Can it be received by another person?

If the employee was unable to pick up the work package on the day of departure, there is no need to be upset. Sometimes a person already lives in another country or simply does not have the opportunity to take it due to deteriorating health. The current legislation helps the employee to pick it up later on behalf of third parties. Here you need to competently approach the fact of issuing such a power of attorney and not forget that the labor document is a rather serious document and of course you can obtain it by proxy.

In the modern legislative sphere, there are two opinions on resolving this issue. The algorithm for transferring labor to a dismissed person is set out in Article 84.1 of the Labor Code of the Russian Federation. Receiving it through a power of attorney is not regulated by the content of the code, but here you can be guided by paragraph 1 of Article 185 of the Civil Code. According to this point, a power of attorney is a written permission from an individual to another person to represent interests with an employer, for example.

IMPORTANT! The manager cannot prevent this even if there are no clear imperative positions in labor law that reflect the algorithm for transferring a document on work performed to a trusted person.

There is also no explanation of who carries out this activity and in what order; there is no fixation of such a norm in the algorithms for maintaining and storing labor records. There are no rules prohibiting this anywhere.

Methods for obtaining a work book by an employee after dismissal

If an employee was unable to receive his work book on the day of his dismissal, there are several ways to resolve this issue:

Who can get a work book

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call ext. 184 (Moscow) ext. 431 (St. Petersburg)

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In some cases, an employee with whom the contract was terminated cannot return for work due to various circumstances (illness, departure, death, etc.).

In such situations, the question arises: “Is it possible to issue a work book by proxy{q}?” The answer should be sought in the provisions of the current Russian legislation.

In the event of termination of the employment contract, the manager is obliged to hand over the work book to the dismissed employee. This document is usually issued on the day of dismissal, but in some cases a citizen cannot pick it up (for example, due to illness).

In such a situation, the labor manager should not destroy it. Initially, the dismissed employee should be contacted in any possible way (by telephone, via e-mail or by sending a letter to his home address). You can also get in touch with the employee’s relatives if you have their contacts.

Transfer of a work book to a third party is permitted in exceptional cases:

• if the citizen who came to receive the document has a valid power of attorney certified by a notary;
• upon the death of an employee.

It is worth noting that if a citizen does not return for this document or writes a refusal to receive it, the manager is obliged to transfer the labor document to the archive for storage. It is subject to write-off and liquidation only after 50 years.

powers of attorney

The power of attorney for obtaining a work book upon dismissal does not have a standard form, but must contain certain information:

• Title of the document;
• last name, first name and patronymic of the dismissed employee;
• his date of birth;
• registration address and passport details;
• surname, name and patronymic of the future representative;
• his date of birth and passport details;
• registration address;
• an action that a citizen’s representative has the right to carry out (that is, obtaining a job in a certain company);
• validity period of the document;
• date and place of execution of the power of attorney;
• name and address of the organization where the work is located;
• personal signature of the dismissed employee.

In order for a document to be considered valid and have legal force, it must be certified by a notary office.

In practice, experts recommend indicating the validity period of the power of attorney. If the document does not contain this information, it is considered valid for a calendar year from the date of registration, in accordance with Article 186 of the Civil Code of the Russian Federation.

The citizen in whose name the employment document has been opened has the right to indicate any period of validity of the power of attorney - from several days to a couple of months.

In practice, a one-time power of attorney is cheaper than a general power of attorney, because it implies the ability to carry out one specific action.

When registering a power of attorney, the interested party must provide to the notary office:

• own passport;
• name of the organization in which the work is located;
• passport or passport details of the future representative.

A citizen has the right to contact both a notary office and a private notary.

The price of notary services depends on many factors - the region of the country, the prices of a particular office, the amount of work, the type of power of attorney.

The price includes the amount charged for carrying out technical work (that is, for preparing the text of the document and checking it for compliance with the law), as well as the notary fee.

On average, in the capital of Russia, a one-time power of attorney to obtain a work permit in place of a dismissed employee can be issued for 1,200 rubles.

A representative of a citizen who previously worked in the organization must appear for employment before the expiration of the power of attorney.

The document is obtained from the HR department. The representative is obliged to present to the authorized personnel officer an identity card and a valid power of attorney, certified by a notary.

The issuance of a work book by power of attorney is carried out only after the personnel officer checks its validity (the full name of the person who came to receive the document must correspond to the information specified in the power of attorney). After this, a receipt is drawn up confirming receipt of the work permit.

In this receipt it is important to indicate:

• Full name and position of the head of the company to whom the document will be provided;
• company name;
• document's name;
• Full name of the representative of the dismissed employee;
• date of receipt of the work permit;
• Full name of the employee to whom it belongs;
• the fact of receipt of the document under a notarized power of attorney in the HR department;
• personal signature of the representative.

The HR department employee must certify the receipt with his own signature and send it to the head of the company.

The Labor Code of the Russian Federation stipulates that on the day of dismissal of an employee, the employer is obliged to hand over a work book to him.

In this case, the employer is responsible for the delay in issuing the work book. The employer must hand out the work book to the employee personally or send it by mail.

https://www.youtube.com/watch{q}v=xoSWePz83j0

Can an employer issue a work book to another person by proxy{q}

So, on the day of termination of the employment contract (the last day of work of the employee), the employer is obliged to hand over to the employee a work book (Article 84.1 of the Labor Code of the Russian Federation).

If for some reason an employee is absent from work on the day of dismissal (for example, he is performing work on behalf of the employer in another place, is on sick leave, on vacation, etc.) and therefore cannot obtain a work book, the employer is obliged send the employee a notice of the need to appear for a work book or agree to have it sent by mail.

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If the employer sends the notice to the employee on time, he is released from liability for the delay in issuing the work book. In this case, we recommend that employers send such notice by registered mail with return receipt requested to avoid any misunderstandings.

st. Yunykh Lenintsev, 10, apt. 58, Moscow, 109000

Gerasimova I.V.

Notification

Dear Irina Vladimirovna!

The employment contract concluded between you and Zarya LLC was terminated due to the expiration of October 17, 2011.

In this regard, you need to come to the HR department to receive a work book or indicate your consent in writing to send it by mail.

Address of the HR department of Zarya LLC: 109000, Moscow, st. Molodezhnaya, 12.

Opening hours: Monday – Friday from 09.00 to 18.00, Saturday, Sunday – days off.

General Director Ivanov A.N. Ivanov

Sending a work book by mail

Issuance of a work book by proxy

As for the issuance of a work book by proxy, this is not provided for either by the Labor Code of the Russian Federation or by the Rules for maintaining and storing work books, producing work book forms and providing them to employers.

However, from the day following dismissal, the relationship between the former employee and the employer is subject to civil law. This means that, in accordance with Article 185 of the Civil Code of the Russian Federation, he has the right to entrust the receipt of a work book to a third party. In this case, if the power of attorney is properly executed, the employer is obliged to issue a work book.

First of all, the power of attorney must be notarized (Article 185 of the Civil Code of the Russian Federation).

The document contains information about the guarantor and the authorized person, such as surnames, first names and patronymics, passport details, addresses of residence, and other information necessary to verify the identity of the guarantor and the authorized person.

The text of the power of attorney must indicate what actions the authorized person is authorized to perform. The power of attorney must include the signature of the guarantor. It is also important to pay attention to the validity period of the power of attorney. You cannot issue a work book under a power of attorney that has expired.

Please note! The validity period of a power of attorney cannot exceed three years. If the term is not specified in the power of attorney, it remains valid for a year from the date of its execution. If the power of attorney does not indicate the date of its issue, then such power of attorney is void. It is prohibited to issue a work book to an authorized person.

The person to whom the power of attorney has been issued must personally perform those actions for which he is authorized (Article 187 of the Civil Code of the Russian Federation).

It should follow from the text of the power of attorney that the person is authorized to obtain the work book of a certain citizen, as well as to submit and receive the necessary documents, sign and perform all other actions necessary to fulfill this order.

If a trusted person comes to pick up the employee’s work book, the employer should take a receipt from him. It is compiled in any form. In the book of accounting of work books and inserts for them.

Usually, upon dismissal, the work book is given directly to the employee. In practice, there are circumstances permitted by law when the book can be:

• issued to the person who received a power of attorney from the employee to receive the document;
• given to a relative of the dismissed person;
• sent by mail;
• preserved by the employer in the manner prescribed by law.

The procedure for obtaining a work record book is more labor-intensive for the employer than for the person resigning. It consists of several stages.

1. Filling. It must be fully completed by the day of dismissal, and consists of two important procedures:
   certification by signatures and seals of all records made during the period of work in this organization;
2. entering the wording of dismissal.
3. Obtaining the employee’s signature in the required column of the personal card (indicating that he received the book in hand).

If on the day of dismissal an employee does not show up to the HR department or his workplace or refuses to receive a work book, the employer needs to insure himself. The situation cannot be left to chance, otherwise a lawsuit may be filed due to the delay in issuing the work permit. The employer must:

• draw up an act stating that the work book has not been issued to the employee (indicate the reason);
• send the employee a written notification of the need to obtain a work book or agree to send it by mail.

Answers to common questions

Question: What to do if an employee refuses to receive a work book upon dismissal and does not come to get it himself, but sends only his representative with a simple power of attorney, and refuses to issue a notarized power of attorney? How long should the employer keep this book?

Answer: In this situation, it is impossible to issue a work permit to the representative. The only way out in this situation is to send the work report by mail. But this cannot be done without the prior consent of the employee. Only after the employee agrees in writing to have the work report sent to him by mail, can it be sent. Otherwise, the book must be kept by the employer “on demand.” A work book unclaimed by a dismissed employee must be kept by the organization for 75 years.

Question: For how long is a power of attorney issued to obtain a work book?

Answer: The term of such a power of attorney should not exceed three years. But if the document does not indicate a specific validity period, then it is considered to be valid for one year.

Registration of a power of attorney

A power of attorney is a special document that gives temporary powers to the selected representative. An undoubted advantage of powers of attorney is the fact that any person can be a representative, regardless of the degree of relationship with the principal. In addition, this paper allows you to clearly define the boundaries of the powers granted, and anything beyond this will be outside the competence of the representative.

A power of attorney can be certified in several ways:

1. Notary. This is the most common type of certification and allows you to contact a specialist at a time convenient for the principal.
2. Employer. For example, if absence on the last working day is planned, and the person being dismissed stipulates in advance who will receive the papers in his place.
3. The chief physician of the medical institution, if the dismissed person is in the hospital and cannot visit the notary.

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For all methods, the presence of the second party is required, and both parties must have a passport at the time of its preparation and signing. The third party certifies not only the will of the principal, but also that it was expressed voluntarily without pressure from the other side.

Only the first method of registration will be a paid service; the remaining points do not imply payment of money for certification. The cost of paperwork depends on who will write the power of attorney itself. If a notary draws up the form, it will cost the principal 1,200 rubles. If you provide a ready-made form, only certification services will be charged, which are set at 200 rubles.

The power of attorney is drawn up according to strict standards and must contain the following information:

1. Information about the principal, his full name and other passport data.
2. Information about the representative, also his full name and information from his identity card.
3. Powers transferred to another person, namely an order to pick up a work book.
4. The name of the organization that will issue the form.
5. Signatures of the parties.
6. Date of preparation of the paper.