Receipt for receipt of work book: sample 2020

What the law says

According to the law, when registering for the main place of work, the work book is transferred to the employer. From this moment, responsibility for its maintenance and storage falls on the personnel officer, who is assigned the specified duties by order. The procedure is enshrined in the Labor Code of the Russian Federation and is set out in detail in Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.

Workbooks are strict reporting forms and must be stored in organizations in special metal cabinets (safes) or separate locked rooms that prevent access to them by third parties. Their distribution is strictly limited. A work permit against receipt, according to regulations, is issued only for two reasons:

If an employee is dismissed - on the last working day (clause 41 of the Resolution);
For the purposes of compulsory social insurance (security), for example, when applying for a pension, social benefits, etc. - upon the personal application of the employee within three working days (Article 62 of the Labor Code of the Russian Federation).

In other cases, the Labor Code of the Russian Federation requires the issuance of extracts or certified copies of the work book.

But in practice, original documents confirming work experience are required by both banks from clients who plan to take out a loan, and government agencies, such as the Federal Migration Service, when applying for foreign passports or applying for a visa to another country. Such a requirement is illegal, but it is not advisable to argue with these organizations, as you will drag out the issue for a very long time.

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In what cases is it written?

Most often, employers do not require resigning employees to fill out documentation of this nature.

It should be noted that, if necessary, the manager has the right to contact a specialist with a request to provide a receipt.

In most cases, it is necessary when the employee does not pick up his or her work on the day of dismissal, but some time after that date.

Also, the need for documentation arises in a situation where the labor certificate is taken by the relatives of a deceased employee.

The main purpose of the receipt is to prove that the citizen has received his labor documentation.

The presence of paper means not only that the employer issued the document, but also that the employee does not have any claims against it.

How to register

The procedure for registering dismissal is enshrined in Art. 84.1 Labor Code of the Russian Federation. To end the working relationship, the employee must go to the HR department on the day of dismissal to review the order and receive a work book. The employee must also put his personal signature on the T2 personal card and in the journal for recording the movement of these forms. Be sure to indicate the date. Compliance with this procedure meets the requirements of regulations, confirms the fact of issuance of the work book and relieves the employer of responsibility for its storage. Among the papers that the employer asks you to sign “goodbye,” there is also a receipt for receipt of documents upon dismissal; we provide a sample in the article and tell you whether it is necessary to draw up such a document.

Sometimes employees refuse to sign for various reasons. In such cases, an act is drawn up, which must be attached to the traffic register of the transport company.

If an employee does not appear at the HR department on the day of dismissal, the Labor Code of the Russian Federation requires that a written notification be sent to him with a request to appear at the organization to receive a work book or to consent to sending it by mail. This measure relieves the employer of responsibility for late issuance of documentation and relieves the employer from consequences in the event of disputes.

Some employers, in addition to the listed measures, require that a receipt be issued from the employee upon dismissal. This measure is not mandatory and is an insurance option when breaking up, for example, with a conflicting person. If an employee refuses the employer this request, then by his behavior he does not violate the requirements of the law, so there is no need to draw up a report.

Receipt value

The person responsible for storing the work book is an employee of the enterprise's HR department. Therefore, if a document is destroyed or lost, the responsible person restores the employee’s work book at his own expense.

In this regard, any transactions in relation to employee work books are taken into account; for this, the employer must have a special accounting journal.

When issuing a work book at the request of an employee, the latter draws up a receipt confirming the receipt of the document, thereby taking responsibility for its safety.

Why receive confirmation that the employee has received documents?

If you need to pick up papers. confirming length of service, for a time: for presentation to the Pension Fund of the Russian Federation, registration of social benefits or for other valid reasons, then you should know that a work book is issued to the employee against signature on a personal application. In case of a positive decision, the personnel employee draws up an acceptance certificate, and the subordinate writes a receipt in his own hand.

This measure is mandatory, since a completed receipt for a work book in the event of litigation or loss will serve as confirmation of the fact that it was issued to the owner. In addition, it is recommended that a certified copy of the entire book be attached to it, so that if it is lost, the employer will have the opportunity to calculate the employee’s length of service to issue a duplicate.

The employee must remember that, according to Part 3 of Art. 62 of the Labor Code of the Russian Federation, he is obliged to return the strict reporting document to the employer no later than three working days from the date of receipt of it from the body providing social insurance (security). This means that you should not delay the return, and as soon as the need for it at the place of request ends, immediately provide it back to the personnel department.

What might you need?

The original work book of the employee must be kept in the personnel department of the employing organization.

Access to such documents is prohibited for unauthorized persons, so a separate room or safe is allocated for storing work records.

You can receive a work book in your hands only under certain circumstances.

They are as follows:

dismissal of an employee;
the need for a pension. In this case, the work book is required to be presented to the Pension Fund of the Russian Federation;
the need to obtain a visa or passport.

It is worth noting that there are also cases when some institutions and organizations (banks, companies where a citizen works part-time) also require the presentation of the original employment document. But in such situations, most often the employee is given a copy or extract from the document certified by the employer.

Watch the video. Compensation for delay in issuing a work book:

Sample receipt for receiving a work book

To ensure that the receipt for receiving the work book in hand is completed correctly, it is recommended to indicate the following information:

Name of the organization;
date of document preparation;
Full name, date of birth, passport details, registration and/or residence address;
number of the work book and its insert (if available), reason for receipt;
further list all other papers and certificates received (in case of dismissal of the employee);
certify all records with the employee’s personal signature.

If the documents are received by another person (using a notarized power of attorney), then this point must be reflected by indicating the full name. proxy, power of attorney number, etc. A receipt for receipt of the work book of the deceased employee is taken from the relative who has presented documents confirming the relationship.

Rules for issuing receipts

It is necessary for the person for whom the form is issued to receive the paper. If a citizen does not have the opportunity to take the document personally, then any other person can do this for him, and not even a relative, but only with a power of attorney.

If the company does not have a template for writing a receipt, then you can do it in any form. The document is written by hand and on a white sheet of paper. Of course, it can be printed on a computer, but if any disagreements arise between the employee and the boss, then it will be impossible to conduct a graphological study.

Advice! You should write clearly, without any errors or blots. If you fail to draw up the document correctly, then it is better to put it aside and write a new receipt.

Can an employer refuse to issue documents?

In the event of termination of the working relationship, the employer is obliged to issue to the subordinate all required documents on the day of dismissal (parts 4-6 of article 84.1 of the Labor Code of the Russian Federation, paragraph 35 of the Resolution). Otherwise, the organization must reimburse the employee the average earnings for all days of delay. To do this, it is necessary to issue a new dismissal order and make another entry in the work book indicating the date on which the official papers were actually issued.

In other cases, except for the above and those given in Art. 62 of the Labor Code of the Russian Federation, the employer has the right to refuse to issue papers.

The nuances of obtaining labor upon dismissal

For each strict reporting document, the enterprise has developed regulations for its issuance. Article 84.1 (according to the Labor Code of the Russian Federation) regulates the issuance of a book to an employee upon dismissal . According to the prescribed provisions, an employee has the right to receive a document certifying his activities. The enterprise is required to issue it on the last working day, which, according to law, is considered the moment of dismissal.

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The employee can pick up the work document later; the storage of the document is ensured by the organization. The rules for issuing are prescribed in the Labor Code of the Russian Federation (Article 84.1), Government Decree of the Russian Federation (No. 225 of April 16, 2003). A step-by-step procedure is regulated:

Issuance of a dismissal order with an entry in the work book indicating all the necessary information (dates, reasons, Article No. of the Labor Code of the Russian Federation, Order No.).
Entering all information about dismissal into the employee’s personal file, where the employee must sign.
Filling out the journal of the movement of books with a note about the issue of the document and with the personal signature of the recipient.

The employee must be familiar with all records made during the entire period of work, which must be supported by the seal of the enterprise. At the initiative of the personnel service, an additional act of document transfer may be drawn up. The employee signs a receipt.

Why does an employee need his work book?

Throughout life, a person repeatedly changes the place of his work activity and a work book accompanies him in this process. This document is drawn up by the employee’s first employer, after which at each subsequent place of work information about employment and dismissal is entered into it, indicating the relevant article of labor legislation.

Why is a work record so important to workers?

Firstly, it is the basis of information for calculating the employee’s pension (when submitting documents for a pension, the Pension Fund inspector must submit the original of this document);
Secondly, when applying for employment, the employer will necessarily require the presentation of a work record book to verify the accuracy of the information presented in the applicant’s resume.

It is important to pay attention to the fact that the role of the work record in registering a pension is gradually fading into the background. Since 2000, all information about employees, their insurance contributions, positions held and places of work began to be recorded in special databases.

However, for those citizens whose work experience began before 2000, the value of the work book when determining the initial size remained the same.

It should be especially emphasized that the work book mentions the places where the employee works. In this regard, receiving additional payments to the pension and the possibility of premature retirement are also provided on the basis of a work record book.

A work book cannot be issued to an employee by his employer without good reason, of which there are only two:

Dismissal of an employee (clause 41 of PP No. 225);
Registration of a pension for them, subject to continued work (Article 62 of the Labor Code of the Russian Federation).

In some cases, with the consent of the head of the company, a work book can be provided to a resigning employee who:

goes for an interview with another organization;
obtains a work visa for work in another country;
submits documents to the bank to obtain a loan;
receives a foreign passport from the FMS.

The document is issued strictly against receipt so that if the document is lost, suspicion does not fall on the employer.

When and how is an employer obliged to issue a work book to a resigned employee?

Let's consider the unfortunate question of when should you hand over your work book upon dismissal?
The employer is obliged to issue a work book and copies of documents to the employee upon his immediate dismissal. It can be caused by various reasons. But, despite the fact that the employer and employee may simultaneously have a lot of reasons for dismissal, the basic rules for issuing a work book upon termination of an employment contract must be observed - the employer must issue a document to the resigned employee. Everyone is also concerned about the timing of the issuance of a work book. Not very experienced employers and new employees have no idea about the time frame within which a work permit should be issued.

In this regard, a number of not the most favorable consequences may occur, arising out of ignorance. The employer can detain the employee's work, and the employee, knowing about the illegality of the employer's actions, can sue.

Also, taking advantage of the employee’s ignorance of the deadlines, the employer can fully delay the issuance of the work permit at his own request.

The work book must be issued to the employee on the day of his official dismissal, that is, on the last working day. This cannot be done a day later or earlier.

But, unfortunately, many citizens of our country do not study the Labor Code of the Russian Federation, and, consequently, do not know about such clearly established deadlines.

Return deadlines

When and within what period is a work book issued upon dismissal of an employee? Thus, on the last day of performing his labor function, the employee receives his work book. In the future, only he decides where to go with her.

The employer does not have the right to delay the issuance of this book. But sometimes, due to the fact that the employee is on a business trip or cannot receive the document in person, these deadlines can be extended.

A work record book is an important document that evidences your work activity over a long period of time. But at the same time, the work book is one of a number of documents that must be given to the employer.

When officially employed, in any organization or with an individual entrepreneur, the employee must deposit his work book. It contains various types of records, for example, a record of hiring, awards or reprimands, as well as the record of dismissal itself.

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Very often in labor practice, many questions arise in connection with obtaining a work book upon dismissal.

Important

Questions start from both the employee, who has never encountered anything like this, and the employer, who does not know how to correctly formalize such an action.

Moreover, many employers, for example, start-up private entrepreneurs, have no idea at all about how dismissal should occur with the subsequent issuance of a work book. Let's look at all the nuances on this issue together.

Perhaps, it is as a result of our painstaking work that you will grasp the essence of how dismissal is carried out and will not make the most common mistakes, thereby putting yourself and your employee in an awkward position.

Every employee should know his rights not only upon dismissal, but also upon the issuance of a work book, if only because labor rights, unfortunately, are practically unknown to the majority of workers today.

A large percentage of workers, even if their rights have been violated, do not seek to restore justice and receive compensation for the damage caused.

Let's start looking at the situation right now.

Questions start from both the employee, who has never encountered anything like this, and the employer, who does not know how to correctly formalize such an action.

But, despite the fact that the employer and employee may simultaneously have a lot of reasons for dismissal, the basic rules for issuing a work book upon termination of an employment contract must be observed - the employer must issue a document to the resigned employee.

Everyone is also concerned about the timing of the issuance of a work book.

In this regard, a number of not the most favorable consequences may occur, arising out of ignorance. The employer can detain the employee's work, and the employee, knowing about the illegality of the employer's actions, can sue.

But, unfortunately, many citizens of our country do not study the Labor Code of the Russian Federation, and, consequently, do not know about such clearly established deadlines.

Return deadlines

How to get a work book upon dismissal? After his dismissal, the employee must report directly to the employer or to the personnel department of the organization or individual entrepreneur.

It was there that the employee’s work book was kept for the entire period of activity. The employee must introduce himself and, after showing his dismissal documents, pick up his document.

Of course, such an action must be preceded by a certain period of work, as well as the official termination of the employment contract that was made between the employee and the employer. Only upon completion of these points is it possible to issue a work book to the resigning employee.

As we know, the Labor Code stipulates the rule that the employee notifies the employer of his dismissal in advance, and after that he must carry out his labor function for another two weeks. But, outside the rules of the code, the work of a resigning employee is a matter of only two persons, the employee and the employer, and no one except them has the right to decide whether to work for the employee or not.

If an employee has circumstances that do not allow him to remain at his place of work for another two weeks, then the employer can accommodate his subordinate. But such circumstances can only be very important facts, for example, illness, urgent relocation, and so on.

Possible problems and disputes

Often, upon dismissal, a number of problems arise related to the issuance of a work book upon dismissal, which have not yet been provided for by legislators. For example, when an employer sends work to an employee at his place of residence and then receives it back, the employer simply keeps the work at home.

Often, after a long time, an employee appears who says that they simply did not give him a work book and begins to demand compensation.

In labor practice, this happens quite often and the legislator has not yet provided for ways to protect the employer from treachery on the part of employees.

Another significant problem and at the same time a gap in the legislation is the issue of issuing a work book on the day of dismissal. Sometimes the day of dismissal falls on a weekend, and the employee is forced to wait until Monday for his document to be issued.

Everything would be fine, but if an employee needs to start a new position at a new place of work starting next week, the previous employer may make concessions.

But very often, upon dismissal, just the opposite happens, and the employer delays the issuance of the work book as much as possible. Unfortunately, not every employee has sufficient knowledge of labor law to competently defend their interests.

Step-by-step instructions for obtaining a book

First of all, you need to contact the company’s HR department.
There you need to ask personnel specialists to provide a sample of how to draw up an application for the issuance of a work book, and also warn that you will soon come for the original book.
If you wish, you can tell the personnel officer the reason for the need for the book, and he will help with its formulation in the application.
After this, you can begin to draw up an application using the received sample.
Then the application must be submitted to either the personnel officer or the management company for consideration.
If the reason for receiving the book is logical, the personnel officer performs the following actions.
He removes the book from the employee's personal file.
In the journal of movements of labor books stored in the personnel department, a note is made about the issuance of the book, indicating the reason and deadline.
An application for issuing a book is included in your personal file.

Let's sum it up

The original work record book is issued to the employee in 2 cases: upon dismissal and for submission to the Pension Fund of the Russian Federation upon assignment of a pension.
The work book must be issued within 3 working days from the date of receipt of the relevant application from the employee.
An application for the issuance of an original work book is drawn up in writing in free form or according to a sample provided by the employer.
The employee must return the book to the employer within 3 working days from the date of its return by the territorial branch of the Pension Fund.

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Transfer certificate

How to compose it correctly?

After dismissal, the work book must be issued directly to the employee.

But some unscrupulous workers , wanting to recover a penalty from the employer for withholding the work book, file a lawsuit and deny the fact of finding and transferring the work book to them.

In order to protect the employer, the personnel department staff draws up a corresponding act, which is sent to the employee’s personal file.

An act of transferring work books upon dismissal is drawn up on sheet A4 . It can be compiled either in printed or written form. This act must state that the employee worked the period before dismissal and on a specific day came to collect the work book. Next, the employee must write that he received the document directly in his hands and put his signature.

Only after this the employee takes possession of the document.

There is no established form for drawing up such an act, so most often it is written by hand, in free text and in appearance is very similar to a receipt.

This document is stored in the archive along with other documents of the dismissed employee.

What to do if the employee did not receive a work book on the day of dismissal?

It often happens that on the day of dismissal, an employee cannot be at his place of work or cannot pick up his work permit for other reasons.

Without any delay, the employer must contact the employee. If this is not possible, then the work report is sent by registered mail to the employee’s residential address.

If the letter is returned and the book has not been received, then the employer is obliged to keep the document until the employee or one of his relatives comes to pick it up.

If an employee is in prison, his work record book is handed over to his relatives. This practice is common. If there are simply no relatives or it is impossible to contact them, then the employer keeps the work document with him until his relatives come for him, or the employee himself is released from prison.

Application for issuance of a work book (sample)

Before you begin to compile this application, you should contact the organization's personnel service and find out if there are any instructions for filling it out. The legislation does not establish a specific form, but individual companies may have special rules.

If no special rules are provided, the application for the issuance of a work book is drawn up according to the general rules:

the application must be written on an A4 sheet;
in the upper right corner indicate the name of the company, as well as the surname and initials of the manager;
in the same column you need to write down your position, as well as your last name and initials;
in the middle of the sheet write the word “statement” in capital letters;
after this you need to indicate the reason why the work book was required;
at the end you need to put your signature and date;
After the HR employee accepts the application, they put the company stamp on it.

It is worth noting that the application must not contain any errors. Both handwriting and printing on a computer are allowed.

A sample application for the issuance of a work book is presented below:

Cases when a book may be required

The original work record book may be required to be submitted to the Pension Fund to apply for an old-age pension. The period of use of the original is limited. The employee only has three days to use it. After this, it must be immediately returned to the employer. The legislation does not provide any grounds for extending this period.

There are also other cases when a work book may be needed:

obtaining a loan from a credit institution;
registration of a foreign passport;
receiving government subsidies;
admission to university via correspondence.

However, in these situations, the employer does not issue the original book, but its certified copy. You can read more about why a copy of the work permit may be needed, as well as the procedure for its certification, in the article.

What is a receipt?

The current legislation establishes a rule according to which the employer must issue a work permit to the employee in two cases:

Dismissal.
Compulsory social insurance.

Each enterprise has an authorized employee who maintains and is responsible for the safety of such forms. Due to the fact that such a person is personally liable, he does not have the right to simply give them to any employee.

It is in this case that a corresponding receipt is drawn up, which indicates that the paper was issued to the employee upon dismissal.