Can a HR employee certify a copy of a passport?

Before considering a sample work record certification, let’s find out why this may be required. TC is a document that is stored in the organization where its owner works. It is given to the employee after dismissal (or upon a written application from the employee, in accordance with Article 62 of the Labor Code of the Russian Federation).

But there are situations when you need to present this document. You cannot borrow it and take it outside of work. This is where the question arises: how to certify a copy of a work record book in 2020. This will be required in the following situations:

1. To the bank - to confirm employment. Sometimes a certificate in the bank form or 2-NDFL is not enough for credit institutions to verify the stability of the borrower.
2. To the consulate to obtain a visa. This is especially true for business trips.
3. To the Migration Department - to obtain a foreign passport. In accordance with Order of the Federal Migration Service of the Russian Federation No. 320 dated October 15, 2012, such a requirement no longer exists. But sometimes employees of the Ministry of Internal Affairs act the old fashioned way and still require an employment document.

Newly-made pensioners do not need to think about how to certify their work record book according to the new 2020 rules. The Pension Fund of the Russian Federation collects all data on the employment of insured persons in electronic form and is better than any Labor Code in telling who worked where and for how long.

But external part-time workers do not need photocopies of employment documents. It should not be provided at the place of the second job. On the contrary, they must issue a certificate and an order of admission for presentation at the main job. And there, based on these two papers, an additional entry will be made.

Sample of how to certify a copy of a work book from July 1, 2020

Now let's return to the updated GOST. According to its rules, the personnel officer must not only write the word “True” and support it with his full name, position and signature. You should also provide a link to the location of the original.

Articles on the topic (click to view)

• What to do if the employer does not give the employment contract
• What is the difference between a collective agreement and an employment contract?
• Apprenticeship contract with an enterprise employee: sample 2020
• Terms of remuneration in an employment contract: sample 2020
• Go on maternity leave from the labor exchange
• Notice of extension of a fixed-term employment contract: sample 2020
• Notice of termination of a fixed-term employment contract: sample 2020

That is, a sample certification of a copy of a work book 2020 should contain the following phrase (this is an example with the name of the organization):

Finally, it is necessary to put the current date and company seal. All other requirements known to the personnel officer are still in effect.

Sample of how to properly certify a work record book in 2020

In order for the provided photocopy to have legal force, you need to perform a number of other actions:

1. Scan and/or print all completed sheets. The image should be clear, contrasty and easy to read.
2. It is advisable to number the sheets and stitch them, sealing the ends of the thread at the back. If this is not done, each page will need to be certified separately.
3. Place the seal so that it does not overlap the text of the certification inscription.

Oh quite legal. You can put it down if the employee has expressed such a desire. However, there is no need for it.

How to certify a copy of an employment contract 2020

The defendant sent the required documents to the former employee by registered mail on the fifth day. Considering my rights under Art. to be violated. 62 of the Labor Code of the Russian Federation, due to the failure to issue the specified documents to her within three working days, the woman filed a lawsuit to recover compensation for moral damage.

Typically, the hiring and dismissal of employees is documented by the company's personnel department. He is also responsible for maintaining and storing work books.

The head of the HR department makes a copy of the work book and the entries on it.

Certification of a copy of the general director's employment contract sample

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The company seal is placed on it. The seal should be partially on the paper and on the document sheet. To obtain a copy or extract, you must submit an application addressed to the head of the enterprise, and, if there is a personnel department, to his head.

This practice exists in large organizations with a large number of employees. For an employee of a small structure, it is enough to confine himself to a verbal message about the need to obtain a copy of the work book.

Then the HR employee makes a copy only of the first page containing personal data and of the pages relating to the required period.

Is it necessary to certify every page of an employment contract?

But, with the entry into force of Order No. 320 of the Federal Migration Service of the Russian Federation in 2013, such a need no longer existed. That is, a citizen has the right not to provide a work book.

Now, to confirm your work activity, you just need to fill out the appropriate field in the application form.

For example, an employee can write in his own hand: “I have received a copy of the employment contract” (signature, date). It is undesirable to fill out this line on a computer and only require the employee to sign. Labor Code of the Russian Federation, an employment contract must be concluded in writing and drawn up in two copies, which have equal legal force.

This is important to know: Example of an employment contract: sample 2020

In what cases is a copy of an employment contract needed?

Both the employer and the employee may need a certified copy of the contract.

The citizen provides the document:

• to the bank when receiving a loan;
• when applying for a visa;
• the employer with whom a new employment contract is concluded;
• to court along with the claim;
• to the pension fund to register a pension.

The employer certifies a copy of the contract at the request of regulatory authorities and the court.

Who certifies the document?

Officials authorized to certify a copy of the employment contract are appointed by local acts of the company.

In practice, document preparation is entrusted to:

• to the head of the company on the basis of the charter;
• an official temporarily replacing the head of the company on the basis of a power of attorney;
• employees of the HR department, accounting department in accordance with orders;
• to the arbitration manager on the basis of a bankruptcy court decision.

You should know! It is allowed to have a copy certified by a notary. You will need to present a genuine document. Each page of the original must be signed by both parties to the contract. You can flash the agreement and sign it at the place where it was flashed. If this is not done, the notary will doubt the authenticity of the contract and refuse certification.

Regulations on the procedure for certifying the authenticity of a signature by professional participants in the securities market

Certification by professional participants of the securities market of the authenticity of the signature of an individual on documents on the transfer of rights to securities and rights secured by securities is carried out if the following procedure for certifying the signature is observed: 1) identification (identification) of the person who applied for certification of the authenticity of his the signature was carried out on the basis of the provided document proving his identity, provided for by the legislation of the Russian Federation; 2) the person who applied for certification of the authenticity of his signature made a handwritten endorsement and affixed a handwritten signature in the presence of an employee of a professional participant in the securities market who certified the signature. The affixing (execution) of a certification inscription on the documents of a person who has applied for certification of the authenticity of a signature is carried out by an employee of a professional participant in the securities market certifying the signature, indicating his last name, first name, patronymic and position. 3.

How to certify a copy of a contract: step-by-step instructions

Preparing documents and tools (step 1)

You should check the original document for the presence of all sheets, signatures of the parties and the company seal, and the correctness of the information about the employer and employee entered into it. Then use a photocopier to make a copy of all the pages. It should be clearly readable and written on one side of the sheet.

For stitching you need to prepare:

• awl;
• black or white threads;
• a needle;
• a small piece of white paper;
• glue;
• seal of the organization.

It is important to know! A stamp may be used to mark the certification. It can be ordered from a special organization or made independently using typesetting printing.

Staple pages (step 2)

All pages of the document are put together in order and numbered. On the left side, use an awl to make 2-3 holes. Next, the agreement is stitched with thread, the ends are brought to the back of the last page, and tied with several knots.

A sheet of white paper is glued onto the elongated ends of the threads. You need to make sure that the ends are not completely hidden.

Marking (step 3)

“True” is written on the sticker or stamped.

Then enter the following information:

• name of the position of the responsible employee;
• witness's signature;
• decryption of the signature (initials, surname);
• date of registration.

The mark is certified by the company's seal. If a copy is made for transfer to another company, additionally indicate the storage location of the original (company name, case number).

Please note! In practice, it happens that the document is not stapled and is stapled. In this case, each sheet should be certified separately. A mark is placed at the bottom of each page. You can do it using a printer, providing all the necessary information. Then the responsible employee signs the inscription and certifies it with a seal.

Samples of a certified copy of an employment contract:

Sample No. 1 - according to the new standard. Sample No. 2

When is it necessary to certify documents with a “True Copy” stamp?

The procedure for certification of copies is regulated by clause 5.26 of GOST R 7.0.97-2016. Let us consider in detail how copies of an employment contract are drawn up in practice.

Question: Many employees turn to the HR department to certify and stamp photocopies of personal documents (passports, birth certificates, various IDs) for submission to other organizations (tax office, banks, housing maintenance service). Does the HR department have the right to certify copies of these documents or is this the function of a notary office?

After the document is completely prepared, you can affix the seal of the legal entity, if it uses it in its work. The seal must not cover the signature of the authorized person. It is best to place it in the place marked “MP” (clause 5.24 of GOST R 7.0.97-2016). In this case, it is advisable that it go to the title of the position of the authorized person.

When certifying electronic documents, the “Copy is correct” stamp must have:

• a phrase about signing a document with an electronic signature;
• signature key certificate number;
• Full name of the certificate owner;
• certificate validity period.

Consequently, we had to process and certify them according to the new rules starting in July. However, a few days before July 1, 2020, the entry into force of the new GOST was postponed for a year.

What mistakes can be made when certifying a copy?

When certifying a copy, you should be careful to avoid mistakes.

The document should not contain:

• additions made in pencil or pen;
• blurry text;
• unclear signatures and stamp;
• seals of the wrong type.

Advice! In practice, there is an option when a document is stapled, the place of fastening is sealed with a sheet of paper, and a mark is made. This type of assurance is unacceptable. The sheets are easy to unfasten and replace with others.

Answer

The employer has the right to certify employees' powers of attorney to represent them in court, to receive wages and other payments related to employment relationships, to receive remuneration for authors and inventors, pensions, benefits and scholarships, or to receive correspondence, with the exception of valuable correspondence. For other personal issues of employees, the employer does not have the right to certify a power of attorney.

We previously talked about professional standards for personnel officers in the material at the link.

Powers of attorney issued by citizens can be certified by a notary or by the organization in which the principal works. However, this rule applies only to a power of attorney to represent a citizen in court by another person. This follows the general meaning of Articles 1, 2, Chapter 5 of the Civil Procedure Code of the Russian Federation.

Also, current legislation provides that a power of attorney certified by the organization where the citizen works is equivalent to a notarized power of attorney ( Part 3 of Article 185.1 of the Civil Code of the Russian Federation

):

• to receive wages and other payments related to labor relations;
• to receive remuneration for authors and inventors, pensions, benefits and scholarships;
• to receive correspondence, with the exception of valuable correspondence.

The article on canceling printing will help you avoid mistakes in your work.

For all other cases of authorization by an employee of other persons, certification of a power of attorney by the employer cannot be equated to a notarized power of attorney.

Details in the materials of the Personnel System:

Normative base:

Extract from the Civil Code of the Russian Federation.

Article 185. General provisions on power of attorney

1. A power of attorney is a written authority issued by one person to another person or other persons for representation before third parties.267

2. Powers of attorney on behalf of minors (Article 28) and on behalf of incapacitated citizens (Article 29) are issued by their legal representatives.2

Validity period of the certified copy

The validity period of the copy of the agreement depends on the organization to which it is provided. For example, when preparing a package of papers for a pension fund to register a pension, attach a copy with a mark made no later than 30 days . If the document is submitted to a financial institution, the document is valid for two weeks .

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The deadlines are set due to the fact that changes can be made to the employment contract by concluding additional agreements. This will oblige the parties to the contract to make a copy of it again and make a certification.

In each specific case, it is necessary to clarify for what period the copy of the contract is valid.

Order of the Federal Service for Financial Markets (FSFM of Russia) dated February 18, 2010

2117;
N 22, art. 2563; N 41, art. 4845; N 50, art. We recommend reading: Registration of close relatives in a mortgaged apartment 6247, 6249; 2008, N 44, art. 4982; N 52, art.

6221; 2009, N 1, art. 28; N 7, art.

777; N 18, Art.

2154; N 23, Art.

2770; N 29, art. 3642; N 48, art. 5731; N 52, art.

6428) and the Regulations on the Federal Service for Financial Markets, approved by Decree of the Government of the Russian Federation of June 30, 2004 N317 (Collected Legislation of the Russian Federation, 2004, N 27, Art.

How to make an application for the employer to issue a copy?

According to Article 62 of the Labor Code of the Russian Federation, the employer must transfer to the employee documents related to work activities at his request. Three working days are allotted for this. Copies are certified by the responsible employee and transferred free of charge.

In practice, an oral appeal from a citizen is sufficient. HR department employees take out the employment contract, take a copy, and certify it.

In case of a conflict situation, you need to write a statement addressed to the manager. It must indicate:

• position, full name of the manager;
• company name;
• position, full name of the citizen;
• link to Article 62 of the Labor Code of the Russian Federation;
• request for a copy of the contract;
• date and signature.

The application is made in two copies. One is registered in the employer’s office, the second is returned to the employee with a note about registration of the appeal.

Thus, both the employer and the employee may need a certified copy of the employment agreement. It is most convenient to make a note about the certification from the employer. To do this, you will need to write an application for a copy. In some cases, an oral request from a citizen is sufficient.

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This is important to know: Order to recognize a fixed-term employment contract as indefinite

Certification of a copy of a work book for a bank: sample and photo

As a rule, the location of work can be determined depending on whether you perform a labor function somewhere or not. So, if you are officially employed, then the work book, along with some other documents, will be stored in the employer’s organization or in the personnel department.

If you do not work, then, accordingly, the work book is in your hands.

Thus, depending on the position of the document, the methods of making photocopies also change. You can read about certification of a work book for other reasons here. In the HR department, the HR department of an organization is a kind of body that is responsible for all internal documentation of the enterprise, regulatory approval and resolution of a number of problems with paperwork.

Also, the function of the organization’s HR department is to maintain and store work books.

When you are admitted to a position, a personal file is created in your name, where your documents are then sent, starting with a copy of your passport and ending with your work record.

Certification of signature in an organization sample

At present, neither the mentioned Law N 129-FZ, nor the Rules for maintaining the Unified State Register of Legal Entities and providing the information contained therein (approved by the Decree of the Government of the Russian Federation dated June 19.

2002 N 438), establishing the procedure for state registration of legal entities, do not provide for the need to register a seal design when creating organizations.

The special Laws cited above define only general requirements for the seal: it must be round, contain the full corporate name of the organization in Russian and its location.

The seal may also contain the company's corporate name in any language of the peoples of the Russian Federation and (or) a foreign language. Sometimes a trademark or other means of individualization is placed on the seal (usually in the center).

It also indicates which documents must be stamped with which seals. For example, a stamp “for warehouse” can be affixed to goods acceptance certificates (TORG-1 form); a stamp “for correspondence” is used for business correspondence conducted by company managers.

The persons responsible for storing and stamping each seal are also listed here. The seal “for the HR department” stands out somewhat according to the requirements. Instructions for filling out work books (approved.

And then in the center of the press, “for personnel documents” is often indicated as an additional detail. However, this is not so correct in relation to the mentioned normative act.

Use of the seal GOST R 6.30-2003 “Unified documentation systems.

Source: https://consalting39.ru/zaverenie-podpisi-v-organizacii-obrazec-33742/

How to stitch documents correctly

Such methods, for example, may include the use of sequential numbering of sheets indicating their total number and identifying details of the document, signing each sheet by the author with the numbering of the sheets, affixing seals or stamps at the intersection of sheets of the document, affixing a continuous relief (pressure) seal through all sheets of the document etc. (clause 1.3. Methodological recommendations for certifying the accuracy of copies of documents and extracts from them). — there is a risk of substitution of sheets in the contract, and if a dispute arises in court, such discrepancies in contracts are not always interpreted in favor of the employer. The employer will still need to prove that the forgery was committed by the employee and not him.

We wrote more about document firmware in the material at the link. Forgery of a stitched contract is less likely, and the fact of forgery itself may become more obvious, because

• When and how to conduct a personnel audit Maintaining personnel document flow in strict accordance with the letter of the law is necessary, since these documents are used not only by the personnel service, but also by the accounting department to calculate wages. They can be checked by the labor inspectorate and tax authorities; employees may need extracts and certificates.
• Personnel audit. What documents does your company need to have? An audit of personnel records management is one of the most important components of the procedure for assessing the effectiveness of the entire personnel management system and the human resources potential of an organization or an independent procedure as part of measures to reduce the fiscal and reputational risks of the company, including when resolving labor disputes in court.

Enter the site

[email hidden] Republic of Belarus, Minsk Posted by 51 Reputation:

January 4, 2020, 10:29 Our employees come to the HR department and on their signed reviews of any work they are asked to write that I certify the signature of such and such (full name), date, signature, initials of the HR specialist .

Certification of the authenticity of a signature may be necessary for both individuals and legal entities in a variety of situations. You can certify the authenticity of a signature on almost any document you sign. Certification of the authenticity of signatures on documents is necessary if it is necessary to officially confirm that the document was signed by a certain person, both in cases expressly provided for by law and in other cases. In particular, it is common to testify to the authenticity of a signature in a situation where the signatory cannot personally confirm the signing of the document to the recipient of the document (when sending an application or other document by mail, with an authorized person, etc.).

For individuals, this service is relevant, in particular, when it comes to applications in inheritance cases (on acceptance of an inheritance, refusal of it, etc.), sent by mail or otherwise transmitted to a notary without the personal appearance of the applicant, when signed by the founder of the legal entity applications for registration of a legal entity upon creation (if the founder does not intend to personally submit this application to the Federal Tax Service of Russia) and in a number of other cases.

For legal entities, the need to certify the authenticity of a signature is an integral stage of activity. Thus, the authenticity of the signature is evidenced on applications and notifications to the Federal Tax Service of Russia in connection with the registration of legal entities (including changes in information about a legal entity, in its constituent documents, etc.), on bank cards (if they are not certified by the bank itself) and etc.

In accordance with the requirements of Articles 42 and 43 of the Fundamentals, a notary, before certifying the authenticity of a signature, is obliged to establish the identity of the citizen whose signature is being certified and to check the authority of the representative if a representative of an individual or legal entity has applied for this action. For these purposes, the notary checks the citizen’s identification documents (most often this is a passport; identification documents are presented only in the original), as well as documents certifying the authority of a representative of an individual or legal entity.

Documents required to certify the authenticity of signatures:

For a citizen (individual):

· passport or other identification document.

For a representative of an individual:

· passport or other identification document;

· document on the authority of the representative: birth certificate of a minor child under 14 years of age - for his parents; document appointing guardianship - for guardians; a power of attorney or another transaction containing a power of attorney - in most other cases.

For a representative of a Russian legal entity:

· passport or other identification document;

· the main constituent document (usually the charter) of the organization - the original, a copy certified by the tax authority, or a copy certified by a notary;

· extract from the register of legal entities (USRLE). It can also be received by the notary himself, if at the time of contacting him the service of the Federal Tax Service of Russia is working to provide electronic extracts from the Unified State Register of Legal Entities;

· protocol, decision or other document (in accordance with the provisions of the charter on the appointment of the sole executive body of the organization);

· an order for the appointment of a chief accountant, as well as other officials, whose signatures must be notarized;

· in case of certification of the authenticity of the signature of a representative of the management organization - similar documents of the management organization and the management agreement.

If the authenticity of the signature of a representative of a foreign legal entity is certified, the notary checks the authority of the representative based on the system of confirmation of authority that is adopted in the relevant state. Supporting documents may include various types of extracts from trade, commercial and other registers; certificates issued by competent authorities, minutes of meetings of bodies of legal entities, powers of attorney, contracts, etc.

By certifying the authenticity of a signature, a notary does not certify the facts stated in the document and the legality of its contents, but only confirms that the signature was made by a certain individual.

an official authorized by the state who has the right to perform notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities). actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. written authority granted by one person to another person to enter into a transaction with a third party; an agreement of two or more persons to establish, change or terminate civil rights and obligations.

The employee asks the HR or accounting department for copies of documents - to issue them or not and in what form

The Labor Code stipulates that in some cases the employer is obliged to provide the employee with copies of orders for admission, transfer and dismissal, as well as some certificates, for example, about salary. At the same time, workers require not only the documents named in the code. Should the employer grant their request? What documents may an employer not issue to an employee? How to certify a copy of a document? What is the judicial practice in such disputes? You will get answers to these and some other questions by reading the article.

Is it legal to ask for copies of your passport and SNILS at an interview?

I came to a small company for an interview. I filled out a form in the HR department, asked for my passport and personal identification number, and took copies. I went for an interview with the director of the company, said that I would think about it, but I didn’t know whether to leave the documents or take them.

In the end, I left it with the director. On the way, at the checkpoint, I changed my mind and came back, wanted to pick it up, but he already sent the documents to the HR department, back. I went to the HR department and they said that if I didn’t decide to work there, the documents would be destroyed and that’s it. they ended up keeping them. What now?

What documents is the employer required to provide to the employee?

– copies of orders on hiring, transfers to another job, and dismissal;

– extracts from the work book;

– certificates of wages, accrued and actually paid contributions to compulsory pension insurance, period of work with a given employer, etc.;

– a work book for the purpose of compulsory social insurance (security) of the employee (he is obliged to return it to the employer within three working days from the date of receipt of the work book from the body that carries out compulsory social insurance (security).

The obligation to issue documents to the employee is also established by other norms of the Labor Code. In particular, in accordance with Art. 68, at the request of the employee, the employer is obliged to provide him with a duly certified copy of the order (instruction) on hiring. Article 84.1 talks about documents issued upon dismissal. In particular, at the employee’s request, a duly certified copy of the order (instruction) to terminate the employment contract must be issued, and, based on a written application, certified copies of work-related documents must be issued. And of course, on the day of dismissal, a work book is issued.

In addition, in Art. 89 of the Labor Code of the Russian Federation determines that in order to ensure the protection of personal data stored by the employer, employees have the right, among other things, to receive copies of any record containing their personal data, except for the cases provided for in Part 8 of Art. 14 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” .

Is the employer obliged to provide copies of local regulations (internal labor regulations, wage regulations, etc.) related to the employee’s work activity, upon his application?

It is impossible to give a definite answer to this question. Let's explain why. The courts, when considering disputes about the issuance of documents, say that the list of documents in Part 1 of Art. 62 of the Labor Code of the Russian Federation is not exhaustive; in addition to those named in this norm, the employer is obliged to issue other documents. At the same time, in recent judicial practice, workers have been denied requests for the issuance of wage regulations and annexes to the collective agreement. The courts justify their decisions by the fact that in relation to local regulations, labor legislation provides for the employer’s obligation to familiarize themselves with them under signature, but not to provide these documents to the employee (see, for example, the appeal rulings of the Supreme Court of the Komi Republic dated August 24, 2015 in case No. 33 ‑4430/2015 , Khabarovsk Regional Court dated 02/11/2015 in case No. 33‑888/2015 ).

Note that the requirements for the employer to issue documents to the employee are contained in several federal laws and acts. Let's present some of them in the table.

certification of the employee’s signature by the HR department

Does an employee of the Federal State Budgetary Institution have the right to have his signature certified by the HR department in a review of the dissertation abstract made by him in private?

June 14, 2013, 12:48, question No. 102610 Alexander, Moscow 700 cost of the issue question resolved Collapse Online legal consultation Response on the site within 15 minutes Lawyers' answers (3) fee received 33% 3449 answers 1179 reviews Chat Free assessment of your situations Lawyer, Orenburg Free assessment of your situation Hello!

Alexander, did I understand correctly that an employee of the Federal State Budgetary Institution wrote a review of the abstract on his own initiative and wants the authenticity of the signature to be certified by the seal of the HR department? If yes, then no, HR officers do not have the right to do this - only to a notary. June 14, 2013, 12:55 1 0 fee received 33% 10.0 Rating Pravoved.ru 27739 answers 12394 reviews expert Chat Free assessment of your situation Lawyer,

Cuban Free assessment of your situation

• 10.0 rating
• expert

Good afternoon.

No. Neither the HR department nor the employer have such powers. Such actions can only be carried out by certain persons: notaries, officials of consular offices of the Russian Federation, heads of local administrations and specially authorized officials of local government. Art. Art. 35-38 February 11, 1993 N 4462-1— FUNDAMENTALS OF LEGISLATION OF THE RUSSIAN FEDERATION ABOUT NOTARIES Explain why you need this.

The fact is that no one forbids making such an assurance.

The question is whether other persons accept such certification of authenticity.

June 14, 2013, 12:59 0 0 fee received 33% 368 replies 149 reviews Chat Free assessment of your situation Lawyer,

Vyborg Free assessment of your situation Hello, Alexander. The authenticity of the signature is certified exclusively by an authorized person - a notary.

The HR department only has the right to certify copies of its (personnel) documents; they have no more powers. Contact a notary to certify the authenticity of the signature inexpensively and quickly, just take your passport and you must sign in person in the presence of a notary (do not sign in advance).

June 14, 2013, 13:00 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions 16 February 2020, 07:55, question No. 1541288 29 December 2020, 21:56, question No. 1087413 06 May 2014, 17:55, question No. 444469 07 May 2013, 15:03, question No. 78862 27 November 20 20, 15:12, question No. 1826204 See also

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When and to whom are work-related documents issued?

Some employees believe that the employer, even if the documents are sent by mail, must meet the three-day deadline. However, it is not.

The employee contacted her former employer with a written request to send her service-related documents by registered mail. The defendant sent the required documents to the former employee by registered mail on the fifth day. Considering my rights under Art. to be violated. 62 of the Labor Code of the Russian Federation , due to the failure to issue the specified documents to her within three working days, the woman filed a lawsuit for compensation for moral damage. Refusing to satisfy the stated claims, the court of first instance proceeded from the fact that the employer complied with the requirements of the dismissed employee within a reasonable time to carry out these actions; the documents were sent to her by registered mail after three days on the first working day ( Appeal ruling of the Voronezh Regional Court dated 06/07/2016 in case No. 33-3912/2016 ).

If you miss the deadline for issuing documents, what happens to the employer?

Please note that not only a working employee, but also one who has already been fired can apply for documents. Moreover, a former employee can contact the employer even after two, three, or ten years, and the employer will be obliged to satisfy the employee’s request (if he needs the documents to exercise certain rights) to provide copies of the documents.

Instead of the employee, another person, for example, relatives, can receive the documents. To do this, the employee must issue a power of attorney for a specific person - spouse, child, mother, etc. Moreover, in this case, a notarized power of attorney is not required. In order for the authorized person to receive documents, he must present to the employer:

– a statement written by the employee;

To prepare and issue copies of documents, the employer needs a corresponding application from the employee. Such a statement is written in any form. It should clearly indicate the names of the documents that the employee needs, and, possibly, the number of copies. Let's give an example of a statement.

To the Director of Romashka LLC

from manager T. D. Krasnova

on the issuance of work-related documents

Based on Art. 62 of the Labor Code of the Russian Federation, I ask you to provide me with duly certified copies of the following work-related documents in connection with my dismissal:

– a copy of the order for transfer to the position of manager;

– a copy of the employment contract.

Can an HR employee certify the employee’s signature and affix a stamp?

5. If a power of attorney is issued to several representatives, each of them has the powers specified in the power of attorney, unless the power of attorney stipulates that the representatives exercise them jointly.

6. The rules of this article accordingly apply also in cases where a power of attorney is issued jointly by several persons. Article 185.1. Power of attorney 1.

A power of attorney to carry out transactions requiring a notarized form, to submit applications for state registration of rights or transactions, as well as to dispose of rights registered in state registers must be notarized, except in cases provided for by law.6 2. The following are equivalent to notarized powers of attorney: 1 ) powers of attorney for military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the commander