Rules for sending a work book by mail when dismissing an employee

Basic Concepts

Every employed citizen of the Russian Federation has the right to quit and change jobs. The procedure for processing and returning documents is regulated by Resolution No. 225 of April 16, 2003 and No. 69 of October 10, 2003. The legal procedure requires compliance with the procedure for terminating an employment contract. Therefore, the grounds for terminating legal relations between an employer and a subordinate are set out in Chapter 13 of the Labor Code of the Russian Federation. These include:

agreement of the parties and circumstances beyond their control;
expiration of the work contract;
employee leaving on his own initiative;
refusal to work due to a change in job functions or for health reasons;
violation of clauses of the employment agreement.

According to paragraph 1 of Article 84, which regulates the general procedure for terminating an employment contract, dismissal is formalized by order of the manager. At the request of a subordinate, he is obliged to issue all necessary settlement papers, as well as pay due monetary compensation. The same article allows for the sending of a document on work experience by mail, but only if its owner provides written consent.

Many unscrupulous citizens deliberately do not come for payment on the last day of work, hoping in this way to receive additional monetary compensation from the organization for the delay in documents. This is described in paragraph 4 of the Government Decree “On Work Books”. However, if the director correctly carries out the dismissal procedure, he can save the company from unnecessary expenses and avoid administrative punishment.

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The work book was not issued on the day of dismissal: what should the employer do?

Let us immediately remind you that failure to issue a work book to an employee threatens the employer with administrative liability (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

a warning or a fine for employer officials in the amount of 1,000 to 5,000 rubles;
for an individual entrepreneur – a fine from 1,000 to 5,000 rubles;
for an employer-organization - a fine of 30,000 to 50,000 rubles.

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In addition, the employer will be obliged to compensate the employee for the average earnings he did not receive due to the illegal deprivation of the employee’s opportunity to work (Article 234 of the Labor Code of the Russian Federation, Determination of the Moscow City Court dated November 24, 2010 in case No. 33-36584).

Therefore, in order to avoid claims from inspectors, the employer must confirm that the work book was not issued in a timely manner through no fault of the employer. For this purpose, the employer must send the employee a notice of the need to appear for a work book or agree to have it sent by mail. Accordingly, from the date of sending such a notification, the employer is released from liability for the delay in issuing a work book (Part 6 of Article 84.1 of the Labor Code of the Russian Federation, Clause 36 of the Rules, approved by Government Resolution No. 225 of April 16, 2003).

Basic procedure for dismissing an employee

The procedure for terminating an employment contract consists of several stages, each of which is documented.

An order of dismissal is issued, which indicates the basis for such an action (article of the Labor Code of the Russian Federation).
The document is sent to the subordinate for review in writing against signature (the date is also indicated), and then to the personnel service for its registration in a special accounting journal.
An act is drawn up if the employee refused to recognize the order as valid.
Recalculation of earnings, compensation payments for vacation, bulletin, and severance pay is carried out.

Attention! On the last day of work, the following are issued: a work book, copies of certificates and other documents necessary for employment in a new place, accrued funds.

Sending a work book through the post office

Issuance of work-related documents and their copies Upon a written application from the employee, the employer is obliged, no later than three working days from the date of filing this application, to issue the employee a work book for the purpose of his compulsory social insurance (security), copies of work-related documents (copies of the order hiring, orders for transfers to another job, orders for dismissal from work; extracts from the work book; salary certificates, accrued and actually paid insurance contributions for compulsory pension insurance, period of work with a given employer, etc.). Copies of work-related documents must be properly certified and provided to the employee free of charge.

Parts two and three are no longer valid.

Sending a work book by mail

The legislator allows for the possibility that the person resigning may refuse to receive payment due to various circumstances, and clearly explains the actions of the company’s management. For failure to comply with the prescribed requirements, he may be subject to administrative liability. The punishment is determined on the basis of the Code of Administrative Offences, Part 1 of Art. 5.27:

according to Art. 234 of the Labor Code of the Russian Federation - for failure to comply with the deadlines for issuing a work book;
according to Art. 84.1 Labor Code of the Russian Federation - for sending a document defining length of service in the absence of the consent of its owner.

To confirm management’s intentions regarding the expulsion of the TC, the former employee must give his consent in writing.

Reasons for shipment

To figure out how to send a work book by mail, it is advisable to consider the factors influencing the occurrence of such situations.

An employee works in one of the company's branches, which is located in another city, while the administration and management are located in the head office.
The specialist was sent on a business trip, to an internship or internship, where he decided to resign. In this regard, he drew up and sent an application with a request to send his payment documents by mail.
The employee planned to leave work immediately after the end of his vacation, and the petition contained a request to consider the last day of vacation as the date of dismissal.
The severance of industrial relations is caused by a court verdict or the initiative of the administration due to a violation of the rules of the employment contract by a subordinate.
Dismissal of an employee on maternity leave based on her own application.

It is allowed to send a work book to a resigning citizen if he himself requests it. It should be borne in mind that the basis for such an action must be compelling, otherwise it is regarded as a way to hide the delay in issuing documents due to one’s own negligence with all the ensuing consequences.

Prerequisites

If an employee, after dismissal, has not collected his work book from the HR department, the employer is obliged to act in accordance with the standards of the Labor Code of the Russian Federation and the rules for maintaining and storing forms. There is no need to run to the nearest post office and send it urgently. It is advisable to act consistently.

Make sure that the form belongs to the resigned subordinate.
Find out whether he is in the city, and whether he has time to pick up the work book with his own hand.
If it is not possible to find a former employee, you can contact his relatives.

It is important to know! And only if, after fulfilling all the conditions, it was not possible to get into contact with the retired citizen, you should send the document on the length of service and other payment papers through the Russian postal service. This must be done within a few days, as he may sue, and the employer will have to pay a fine and moral damages.

In what case can you not send

The legislation provides for a number of rules that management must comply with when intending to send a work book via postal service. At the same time, he must take into account the fact that sending the form without the written consent of the resigned employee is categorically unacceptable. You cannot send a document on length of service even in the event of the death of an employee. If such situations arise, the labor record is transferred to the personnel service for storage, where it remains for two years. Then it is moved to the archive, where the shelf life of the forms is 75 years.

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Application from an employee to send a work book through the post office

If an employee cannot come to the employer’s personnel department to receive a work book due to a long departure or for other reasons, he can apply to have the document sent by mail.

Application form

There is no single application form. The application must contain the following details:

Full name of the employee;
name of the organization and/or person responsible in the personnel department for storage and issuance of work books;
document title – notification;
a message about the need to send the book by mail;
Date of preparation;
handwritten signature of the employee, when representing his interests - a notarized power of attorney indicating the authority to execute such papers.

How to write?

The employee draws up and signs an application for sending a work book by mail. With a notarized power of attorney, such actions can be carried out by a legal representative who protects the employee’s labor rights. The labor inspectorate has the right to provide assistance in drawing up the contract.

Consent to shipment

An application expressing consent to receive a work book by mail is drawn up in any form; there is no single unified type.

It is possible to indicate consent to send a work book by mail in the following ways:

by entering the phrase “I agree to the work book being sent by mail to the employee’s address” when drawing up a resignation letter;
a separate document, regardless of the fact of termination of the employment relationship;
when sending a telegram certified by a telegraph employee.

Registration of permission to send a work book by mail is carried out in the following order:

a notice is drawn up and signed by the employee;
is handed over to an employee of the Russian Post for certification, an inventory is inserted into the envelope, the duplicate remains with the applicant with a post office mark of acceptance, a notification of receipt of the letter is required to be filled out, the mailing form is registered;
the document is presented for forwarding and a fee is paid;
upon receipt of the letter by the employer's representative, the notification is returned to the Russian Post office or to the employee's address with a receipt stamp.

Procedure for sending TC by mail

The main stages of the dismissal procedure are carried out by the personnel department. Its representatives are responsible for the timely issuance of documents on work experience, copies of certificates and other forms. If the employee did not receive the full payment on the day of leaving the company, or did not want to pick up the form, it becomes necessary to send it by mail. The legislation provides for the procedure for performing this procedure.

Notification

In order to use postal services and deliver the work book to its owner, the employer is obliged to send him a written notice with a recommendation to appear for documents on time. The text of the letter is compiled arbitrarily, however, in Art. 84.1 of the Labor Code of the Russian Federation imposes certain requirements for its registration. The document must contain the following information.

Full name of the employee as indicated in the employment contract and other forms.
Address of residence or registration.
Details of the organization or individual entrepreneur that sends the notification.
Registration number (outgoing) and date of compilation.

It should also contain information that the document was not previously received by any of the available methods, as well as the need to:

personally appear at the personnel service for labor;
give consent for forwarding if it is not possible to come.

The head of the organization must put his signature, date and seal. Next, in the presence of three persons, draw up a statement that the employee refused to pick up the form and did not provide written consent to send it in another way.

Statement and consent of the employee

The employee, in turn, should also be interested in receiving the document, because it reflects his work experience, which allows him to obtain a decent old-age pension. So he has two options:

pick up the form yourself by going to the company’s HR department;
give written consent to send the work book by mail.

If the second paragraph is used, the document must reflect the following points.

Full name of the employee as they appear in official documentation.
Address of place of residence or registration.
Number and date of drawing up, and later termination of the employment contract.
Text of consent to forward the work book to the specified address (written in full).
Signature of the applicant with transcript, date of compilation.

Attention! Since there is no established template for the execution of this document, a free form can be used.

Cover letter with description

To be sure that the work record has reached the addressee, you must send an envelope with official papers by registered or certified mail. This service is provided by Russian Post. To protect the internal contents, an inventory of the attachment must be completed.

The covering letter contains details that allow you to track the path and fate of the sent forms. Since there is also no unified form, it can be compiled in any form. The main requirement is to enter a certain list of data.

Details of the employer and his authorized representative represented by the director.
His contact information for immediate communication.
The text of the letter, which contains the purpose of sending the documents and an indication of their presence in the inventory.
Signature of the actual performer with transcript and date of compilation.

Attached to the letter is a list of papers, which is drawn up as an independent document according to Form No. 107, approved by the Federal State Unitary Enterprise “Russian Post” on May 10, 2012. It is fixed with the stamp of the sending department and sealed in an individual envelope.

Shipping options

Today, the most reliable option for transmitting information is Russian Post. Thanks to a clear internal routine, which allows us to cope with the occurrence of emergency situations, any sent document reaches the addressee. Otherwise, it is returned back to the sender. When using this option, the risks of loss are minimized, and postal notifications and all necessary marks are proof that the employer has performed its functions in accordance with established requirements.

However, sending by Russian Post is not the only option for delivering the form. The recipient can independently determine how to pick up the work book - by mail or other convenient way.

Available postal operator. Terms of delivery and payment are agreed upon in writing. Since the possibility of loss of the document cannot be excluded, the applicant should not make claims if such a situation arises.
Courier service. Sending in this way is possible with the consent of the former employee. The terms of delivery are also recorded in writing. However, all risks associated with the loss of official forms fall on the recipient.
Third Party Representative. The resigned employee must draw up a power of attorney from a notary for any person he trusts. The HR department has the right to issue a work book only after presentation of the document by an authorized person.

Attention! Regardless of the chosen method of sending the form, both parties are required to keep all receipts, notification forms, reports confirming the fact of sending and receiving the document. This will avoid misunderstandings and prevent litigation.

We are writing a statement

The application is written in free form - there is no standardized form. Draw up a document on A4 paper. You can write it by hand or type it on a computer and print it out, putting a “live” signature at the end.

The application must contain information standard for such documents.

In the header in the upper right part of the sheet they indicate to whom the paper is addressed. This is the head of an enterprise or company. Indicate the position, name of the organization, full name of the head. Next they write who this document is from: full name of the ex-employee.

In the middle line below write the name of the document. From a new line they move on to writing the main part of the statement. It must contain a request to hand over the work book (if the employee came to get it himself) or send it by mail. You must indicate the address where the employer will send the document.

The date and signature of the former employee complete the application.

For your information! An employee may want to receive a work book through a third party by proxy. In this case, the application indicates the name of the authorized person and formulates a request to transfer the document to him.

In what case is a work book sent without consent?

Despite the procedure established by law for issuing a work book upon dismissal, situations arise in life when the employer is required to take his own initiative and send this document by mail to the home address of the resigned subordinate. This is necessary in the following cases.

The employee categorically does not want to receive payment on the last day of his stay at the enterprise, pick up his work book and copies of certificates, as well as the payments due.
The dismissal occurred at the initiative of the employer, and the offended subordinate decided to protest by refusing to participate in the procedure: he did not sign the payment forms (order, consent, etc.) and did not take away the document on work experience.
The employee did not show up for work on the day of dismissal, but the manager knows his place of residence. If the addressee ignored the need to sign the received notification form, the director has the right to send him payment documents.

Advice! It should be remembered that the work book is an official form, so the shipment must be carried out in a valuable letter, which includes a pre-compiled inventory of the contents of the envelope. This will avoid complaints from the departing employee.

Step-by-step algorithm for returning a work book

The employer or a person authorized to maintain work records makes an appropriate entry. Then they enter information about the forwarding of work books and their inserts to the Movement Book, in accordance with Instruction No. 69 dated October 10, 2003. In the column where the recipient’s signature must be placed, the following is indicated: “forwarding by mail.”

The authorized person takes the document prepared for issue and approaches the post office operator. Here he issues a registered letter, be sure to:

with a description of the attachment;
with delivery notification.

The inventory of the investment is drawn up in two copies, in which the following is written: “work book, indicating the surname and initials of the owner.” The inventory is certified by the post office operator.

One copy of the inventory is placed in an envelope, and the other remains with the sender. After registration of the postal item, the sender is given a receipt from the post office for sending a registered letter.

After receiving notification that the letter has been received by the addressee, the employer is relieved of all responsibility for the transfer of labor. In practice, he no longer bears responsibility after transmitting a registered letter and receiving a receipt for dispatch.

An application with a request to forward the work, documents confirming the sending of a registered letter and its receipt by the addressee must be filed in the personal file of the owner of the book.

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Employer mistakes when sending employment documents by mail

Often, even experienced managers are capable of making serious mistakes when issuing a work book if the resigned employee was unable (or did not want) to pick it up in person.

It was decided to transfer the document on work experience through a close relative who works in the same company. If it is lost, the owner has the right to contact the labor inspectorate, and the employer will face a substantial fine.
The employee did not receive the payment because he was absent from work, so the work report was sent by mail the next day. There is a violation of the dismissal procedure here. First, it was necessary to send notice, obtain written consent and agree on the method of transfer of the main document.
The work experience form was sent to its owner on the basis of a consent letter received by email. This form of business correspondence is not recognized as official, so the court may qualify it as a lack of consent.
The work book was sent by regular mail, not by registered mail. The absence of a notification and a shipping mark is also considered a reason to contact the State Tax Inspectorate.
The document was handed to the representative of the resigned employee based on his written request. Since it is not confirmed by a notarized power of attorney, it cannot have legal force. Consequently, the employer again violated the procedure.
Sending a work book abroad. According to the instructions of Rostrud, it is prohibited to send by mail not only this document, but also a military ID and identity card. When a citizen leaves for permanent residence in another country, he is obliged to submit all the specified forms, receiving in return a certificate of the appropriate sample.

To avoid misunderstandings and not break the law, it is recommended to transfer the work book directly into the hands of its owner or send it by mail with his written consent.

One of the responsibilities of the administration, confirmed by law, is the issuance of a work book to a subordinate no later than the day of dismissal. If for some reason he was absent from production or deliberately refused to receive the form, the director is obliged to send a written notification by mail and obtain the consent of the employee (and in the event of death, his relatives). From this moment on, the employer declines responsibility for failure to issue the document. The owner of the book must understand the importance of receiving it, and know that sending it without consent is prohibited.

Regulatory framework

All interactions between an employer and an employee are regulated by laws and other legal acts.
We list the main documents and laws related to labor relations between employer and employee:

Labor relations that arise between an employed citizen and an employer are regulated by the Labor Code of the Russian Federation. This document has priority over other normative and legislative acts.
The rules for filling out, storing and issuing work books, as well as the rules of liability for violation of such rules by the personnel department are regulated by Decree of the Government of the Russian Federation No. 225 of April 16, 2003 “On work books”.
The rules for sending by mail and transferring documents are established in the order of the Ministry of Telecom and Mass Communications of Russia No. 234 dated July 31, 2014.