Article 62. Issuance of work-related documents and their copies

What documents can I request?

Article 62 of the Labor Code of the Russian Federation describes all the papers that can be obtained from management in this order. But this list should not be considered exhaustive. The article itself provides a link to the following positions:

1. Certificates regarding the period of work at a particular place; about actually paid insurance premiums for the entire period; regarding wages.
2. Extracts with information from the work book.
3. A copy of the dismissal order.
4. Copies of orders for transfer to another position.
5. Copies of employment orders.

What documents are issued upon dismissal?

Article 62 of the Labor Code of the Russian Federation states that, at the request of a worker, the manager is obliged to provide the required documents.

This rule also applies to cases of dismissal from a position and exclusion from the company’s staff.

According to the general regulations and rules in force, on the day of departure the employee must not only be paid the final payment, but also be given the required papers. It should be noted that one document must be issued without fail. This is a personal workbook.

Other information and data are transferred to the dismissed person only at his personal request. In the absence of such, the issuance will not be made, and the inaction of the manager will not be considered a violation.

Work book of the employee

According to the Labor Code, a personal work book is the main document. The thing is that it contains comprehensive information about the entire professional work biography of a person. It contains information about where, in what time period and in what capacity the specialist worked, for what reasons he was fired, what incentive measures were applied to him and for what reason.

The specified book is not always given to the worker in connection with leaving the organization.

In some cases, it may be issued for temporary use to resolve personal issues. These include cases of compulsory insurance. The book must be returned within three working days, if received from the budget insurance authority.

However, sometimes people use their work books to look for a new job, or to undergo a preliminary interview. In such situations, issuing the original book will not be the obligation of the manager. To do this, it will be enough to issue copies of some pages.

Other documents related to work

During the labor process, other documents are gradually drawn up, which reflect the entire process of the worker fulfilling the duties of his position. Here we mean, first of all, the orders of the manager. These include orders for:

• appointment to a position;
• translations and movements;
• providing a break for rest and recovery;
• bonus payments and other incentive measures that were applied to the worker;
• measures of influence that were applied to a person for violations of assumed work obligations;
• dismissal from position and exclusion from the company's staff;

Such documentation also includes:

• information about income received during the period of activity in the organization;
• data on insurance payments;
• contributions to a special budget fund that provides financial support to people in connection with retirement.

It should be noted that only the data that concerns him or herself will be given to the person. For example, if the order for dismissal from the organization included several employees, then the worker will be issued an extract regarding only him.

Procedure for requesting and issuing documents

The first steps for the subordinate himself are drawing up an application and the registration procedure. It is advisable for the citizen to keep the second copy with a note of acceptance. If the request is only verbal, the other party is relieved of all responsibilities.

A petition for the release of evidence is issued if the papers are needed for trial, but the management refuses to hand over everything peacefully.

Filing a complaint to the labor inspectorate is the most effective solution if the papers are needed by other organizations, and not just the court.

It is mandatory for the manager to formalize and sign an order for the issuance of copies, with a description of the reasons. After registration is completed, the applicant receives a copy of the orders, with certification.

Another comment on Art. 62 Labor Code of the Russian Federation

1. The legislator does not connect the employer’s obligation to provide the employee with copies of work-related documents with the employee’s actual need for such copies; Therefore, the employer's requirements for the employee to submit relevant requests or petitions from third parties are illegal. A written statement from the employee indicating the list of copies of documents the issue of which he requires is sufficient. Copies of work-related documents must be properly certified and provided to the employee free of charge (Part 1 of Article 62 of the Labor Code of the Russian Federation).

2. The general procedure for issuing and certification of copies of documents provided by the employer to the employee is regulated by Decree of the Presidium of the Supreme Soviet of the USSR dated August 4, 1983 N 9779-X On the procedure for issuing and certification by enterprises, institutions and organizations of copies of documents relating to the rights of citizens.” As follows from the Decree, employers issue, upon applications from citizens, copies of documents issued by these employers, if such copies are necessary to resolve issues relating to the rights and legitimate interests of citizens who have applied to them. Copies of documents are issued on employer letterhead.

In the same manner, employers can issue copies of documents they have that come from other organizations from which it is difficult or impossible to directly obtain copies of these documents. In cases where documents were executed on forms, the details of the forms are reproduced when making copies.

This is interesting: Maternity capital in shared construction: documents

The accuracy of the copy of the document is certified by the signature of the manager or an authorized official and the seal. The date of issue is indicated on the copy and a note is made that the employer has the original document.

It is prohibited to testify to the accuracy of copies of a passport, substitute documents, party, trade union, military cards, deputy IDs, service IDs, as well as other documents, the making of copies of which is not permitted.

Copies of documents with unclear text, erasures, additions and other unspecified corrections are not subject to certification.

3. Article 62 of the Labor Code of the Russian Federation establishes an approximate list of documents, copies of which the employer is obliged to issue to the employee; the only legal limit to this list is the indication that the documents must be related to the work of this employee. However, the question arises: does the employer have the opportunity to refuse to provide a copy of a certain document(s), and if so, on what grounds?

Taking into account the regulations mentioned above, the employer may refuse to issue copies of the document if:

Due to current legislation, it is prohibited to make copies of certain documents;

the document has unclear text, erasures, additions and other unspecified corrections;

the document contains information constituting a state, commercial or official secret;

the document contains confidential information concerning third parties, including other employees.

4. As follows from Part 1 of Art. 62 of the Labor Code, the employer is obliged to issue the required copies no later than three working days from the date the employee submits a written application. This clarifies the content of this rule established by Art. 62 in the previous edition, which spoke of three days.

5. The obligation to provide the employee with copies of work-related documents is formulated in the law and, therefore, is a non-contractual public law obligation. Accordingly, the employer’s culpable failure to fulfill this obligation serves as the basis for bringing him to public legal (administrative) liability (Article 5.27 of the Code of Administrative Offences), regardless of whether there was an expression of will (statement, complaint) of the employee about this.

6. On the employer’s obligation to provide the employee with a work book and copies of work-related documents upon dismissal of the employee, see Art. 84.1 of the Labor Code of the Russian Federation and commentary to it.

Application for the issuance of work-related documents

Typically such statements contain the following information:

• Circumstances due to which a copy was required.
• Details for sending the response.
• Exact date of compilation.
• Applicant's signature.

The exact form of such statements is not regulated by law. Many enterprises trust their HR department to develop their own forms to make it easier to interact with the other party later.

The date of receipt of the papers, along with the signature, is also indicated by the HR department employee.

Copies of documents

It is also allowed to use several solutions for such situations:

• Using a photocopier.
• An acceptable option is to create a scan and then print it out.

The main thing is that the size of the printed version matches the original.

A copy of the work book and any other documents is created in full or in part. For example, when certain sheets are needed. But a copy of the title page is required under any circumstances. Be sure to provide a link to the place where the original is stored. In this case, indicate the following information:

• Date of.
• Case number.
• Company name.

On all sheets that are copied, a mark is placed stating that the information is correct. On the last page, the manager separately informs that the citizen’s work in this organization is currently ongoing.

Important conditions include numbering and stitching of sheets. A certain amount of information should also be present at the firmware location:

1. Total number of pages.
2. Signature of the responsible person.
3. Seal.

Each page contains the name of the manual along with a full transcript. A separate position is held in the company by the director. The print should partially cover the text, but the text remains readable, this is important.

Duplicates of a work book have different validity periods, depending on the location of the request:

• Three months from the date of issue in the case of visas.
• One month for banks and social security authorities, Pension Fund.
• Some financial institutions impose their limits up to 3-5 days or up to 14.

If notarization is present, any time restrictions are removed. The main thing is that after such a copy is issued, no new entries appear in the original.

It is better to consult in advance with the company that requires a copy. Its employees will tell you in detail about the registration method and the time during which the information remains valid.

Violation of Article 62 of the Labor Code of the Russian Federation

Moreover, such treatment is possible both during work and after dismissal.

Today we will tell you in what form an employee must request documents, what documents the employer is obliged to issue to the employee, whether there are deadlines for such issuance, how to issue certificates, extracts and other documents necessary for the employee.

What documents can an employee request? Based on Art. You should not think that the employee has no right to demand other documents. The Supreme Court of the Republic of Sakha Yakutia in the Appeal ruling dated

The department considered issues related to the issuance of work books to employees, advanced training of workers with partial separation from work, payment for downtime, and work on weekends.

Work books are stored in the head office of the organization, and the employee carries out labor activities in a separate unit in another city.

It is not possible to issue a work book to an employee on the day of dismissal.

https://youtu.be/Je1Q8Y2683E

How can you get out of the situation? This situation is not regulated by law. At the same time, we believe that due to the fact that in this case it is impossible to issue a work book to the employee on the day of termination of the employment contract, it is advisable to act by analogy with the procedure defined in Part.

The rationale is as follows. According to Part. The specified period begins the next day after the employer receives the employee’s resignation letter. In accordance with Part. As stated in Part. An employee improves his qualifications with a partial separation from production, that is, he works and studies for four hours. How to register for this advanced training, how to reflect it on the report card and pay for it?

Labor legislation does not regulate the case of advanced training with partial separation from production, only with separation from production, or without separation.

When an employer sends an employee for advanced training while away from work, the employee retains his place of work, position and average salary at his main place of work.

When training an employee on-the-job or with partial interruption from production, which is the case in the situation considered in the question, the specified guarantees are not provided.

At the same time, we believe that during the period of partial separation from production, the employee should retain a guarantee in terms of earnings no less than established by law for the case of advanced training while detached from production.

You can indicate code PC 07 in the report card if the employer uses a unified report card form.

The execution of an order in the event of an employee’s advanced training is not regulated by labor legislation and is determined by the employer independently.

An article of the Labor Code of the Russian Federation establishes that the need to prepare workers for vocational education and vocational training and additional vocational education, as well as sending workers to undergo an independent qualification assessment for their own needs is determined by the employer.

Training of employees and additional professional education of employees, sending employees with their written consent to undergo an independent qualification assessment are carried out by the employer on the terms and in the manner determined by the collective agreement, agreements, and employment contracts.

For employees undergoing training, the employer must create the necessary conditions for combining work with education, provide guarantees established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract. According to Art.

Employees sent for vocational training or additional vocational education away from work to another location are paid for travel expenses in the manner and amount that are provided for persons sent on business trips. The organization is not operating because the employer’s license has been revoked. Will the revocation of a license be considered downtime due to the fault of the employer or will it be downtime due to a reason beyond the control of the employer?

In our opinion, downtime in connection with the revocation of a license will be downtime due to the fault of the employer. How long after the employer receives written permission to send the employee’s work book by mail must the employer send the work book by mail?

The norms of the current legislation do not establish any period before the expiration of which the employer is obliged to send the work book to the employee by mail upon receipt of the latter’s appropriate consent. In our opinion, the employer is obliged to do this immediately after receiving consent from the employee to send the work book by mail.

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.

https://youtu.be/Y3Zdm-IMEf0

Upon a written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application. The employee was brought to work on a day off with a day of rest.

The employee wrote an application to provide him with this day in parts: half a day on one day and half a day on the other. Is such a division possible? In our opinion, dividing an additional day of rest for working on a day off into parts will not contradict the norms of current legislation, provided that the employee and employer do not object to such a division.

Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.

Increased payment is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the shift's working day falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday from 0 hours to 24 hours are paid at an increased rate.

At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

The employee submitted a written statement to the employer in accordance with Art. In the application, the employee did not indicate that he was asking for the documents to be sent by mail to his address.

The employee lives in another city and does not show up for the requested documents.

In this case, is the employer obliged, within three working days from the date the employee submits the application, to send by mail to the employee’s home address the documents that the employee has requested?

If the employee and the employer have not agreed on the method of transmitting the requested documents, then, in our opinion, the employer should send them by mail.

If possible, the employee must be notified in advance about sending documents, for example, by telephone.

Copies of work-related documents must be properly certified and provided to the employee free of charge. Books from our publishing house: History series.

To read them, register on the site. If with the issuance of documents under Art.

Article 62 of the Labor Code of the Russian Federation. Issuance of work-related documents and their copies

To the Labor Committee? Tell me, please. The norms defining the procedure for maintaining work records relate to labor legislation.

Based on this, the persons responsible for maintaining work books, in case of violation of the rules for maintaining them, may be subject to administrative proceedings. Valentin Abashin Hello. Within what time should the accounting department issue a salary certificate in form 2NDFL?

I submitted a request 2 weeks ago, I called and asked about some incomprehensible problems, today they answered that they would only issue it with the transfer of salary.

Is this how it should be? According to Article 62 of the Labor Code, the employer is obliged to issue a certificate no later than three working days from the date of writing the application. Hello, I have a question, I have been working in the same company since September 1. Lawyer’s answer: how can it not?

And how terrible is the violation of Art. 62 tk RF?

Having heard the report of Judge Lozenko I. YYYY at his own request on the basis of paragraph.

YYYY, the plaintiff sent an application to the defendant with a request to send the following documents by mail: a job description indicating an incentive - a certificate; certificate in form 2 personal income tax for and year; certificate of average earnings for registration with the Employment Center; salary certificate for receiving temporary disability benefits; work book.

Appeal ruling of the Omsk regional court dated June 13, 2019 No. 33-3694/2019

The department considered issues related to the issuance of work books to employees, advanced training of workers with partial separation from work, payment for downtime, and work on weekends.

Work books are stored in the head office of the organization, and the employee carries out labor activities in a separate unit in another city.

It is not possible to issue a work book to an employee on the day of dismissal. How can you get out of the situation? This situation is not regulated by law.

At the same time, we believe that due to the fact that in this case it is impossible to issue a work book to the employee on the day of termination of the employment contract, it is advisable to act by analogy with the procedure defined in Part.

ST 62 Labor Code of the Russian Federation. Upon a written application from the employee, the employer is obliged to issue it no later than three working days from the date of submission of this application.

Appealing the results or verification procedure

Download Important Do not confuse an application for the issuance of copies of documents related to work and a written request to the employer for clarification of any issues, since labor legislation does not provide for the obligation of the employer to give written explanations to the employee - the employer is obliged only in accordance with Art.

Determination of the Moscow City Court dated In accordance with Art. And he must do this no later than three working days from the date of receipt of a written application from the employee. However, in practice this provision of the law is not always observed by the employer.

What reason prompts the employer to commit a violation? Almost every employer violates the rights of employees to one degree or another.

Note: Art. 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.

Often, employees working in an organization at an enterprise do not have any documents in their hands, including

Thus, an employee can demand that documents be issued to him both after the conclusion of an employment contract, during its validity, and upon dismissal. According to clause State Standard of the Russian Federation.

Documents for the employee: we prepare and issue them

And, unfortunately, my immediate boss, the manager, turned out to be a very difficult person. It all started with surveillance, insults and rudeness towards me. I tried to change the situation for 8 months: I tried to come to an agreement, wrote complaints to the internal structures of the company, supposedly supposed to solve such problems.

Source: https://social-it.ru/narusheniya/narushenie-st-62-tk-rf.php

Disciplinary liability of an employee for violation of Art.

I agree with Anastasia Naumova: one could try to appeal the decision to impose an administrative penalty.

When applying for a part-time job, the employee is not required to provide a work book. Apparently, in your case, he did not do this; he did not report that the former municipal employee.

Thus, there is no subjective side of an administrative offense - the fault of the director.

https://youtu.be/JL7AslcHRaw

As I understand it, it is possible to draw up such a document, which a new employee fills out even now (subject to the employee’s consent), for submission to the court (although during the prosecutor’s audit we did not provide anything and in general the director admitted his guilt). but then this can affect the employee himself (bringing him to justice and dismissal at the request of the prosecutor - in the worst case)?

Responsibility for violation of the Labor Code of the Russian Federation and other acts containing labor law norms

Article 419 of the Labor Code of the Russian Federation indicates five types of legal liability (disciplinary and material, civil, administrative and criminal liability) for violation of labor legislation. Thus, the legal institution of liability for violation of labor laws does not relate exclusively to the branch of labor law.

This legal institution is intersectoral, since responsibility for violation of labor legislation is established not only by the Labor Code of the Russian Federation, but also by the Code of Administrative Offenses of the Russian Federation. It is assigned to persons who committed the corresponding violations in the procedures provided for by the Labor Code of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and the Code of Criminal Procedure of the Russian Federation.

The essential features of each of these five types of liability are discussed below.

Responsibility in the types listed in Art.

419 of the Labor Code, entail violations of labor legislation and other acts containing labor law norms (hereinafter referred to as violations of labor legislation, although this abbreviation is not precise). According to Part 1 of Art.

5 of the Labor Code of the Russian Federation, labor legislation consists of the Labor Code of the Russian Federation, other federal laws and laws of constituent entities of the Russian Federation containing labor law norms. Other acts containing labor law norms include:

Extracts from documents

Sometimes what is required is not a copy, but an extract:

• From the work book.
• From the order.
• From the staffing table, and so on.

An extract is a document that reproduces the full text of the source code on a specific issue. To create extracts from the staffing table, for example, copy the part dedicated to a specific employee.

To confirm activities in a particular company, they often require an extract from the work record book. The main thing is to certify the information in the manner established by law. To do this, the signature must be placed by the manager or an authorized official. Be sure to use a seal when registering. The statement may record or reflect the following information:

1. About work over a specific period of time.
2. Description of rewards.
3. The fact that currently the citizen still holds certain positions.

A comment

The head of the organization is obliged, upon a written application from the employee, to provide him with documents related to the latter’s official activities within the period established by the Labor Code. Such papers must be certified with the seal of the institution and the signature of an authorized person, as indicated by the norm of Art. 62 Labor Code of the Russian Federation. One cannot but agree with her comments. Because the manager is obliged to provide the employee with documents related to the latter’s official activities, but only if the subordinate has submitted a corresponding application. This is indicated by the current norm of the labor code. An employee also has the right to ask the employer for the characteristics necessary to participate in a competition for another position.

Certificates and other documents

There are several types of certificates and other papers that citizens need.

Responsibility for violation of Article 62 of the Labor Code of the Russian Federation

Business lawResponsibility for violation of Article 62 of the Labor Code of the Russian Federation

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• Article 62 of the Labor Code of the Russian Federation
• The employee asks the HR or accounting department for copies of documents - to issue them or not and in what form
• Article 62. Issuance of work-related documents and their copies
• The employer did not provide the employee with the necessary documents upon dismissal: what are the consequences?
• And how terrible is the violation of Art. 62 Labor Code of the Russian Federation?
• Articles and consultations 2020 on personnel records management on the website www.kadrovik-praktik.ru
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WATCH THE VIDEO ON THE TOPIC: Article 235 of the Labor Code of the Russian Federation. Employer's financial liability for damage caused to property

Article 62 of the Labor Code of the Russian Federation

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They didn’t want to give it to me for a long time, but when I personally arrived at the organization, the executors explained to me that the chief accountant did not sign it for personal reasons. I also informed her that she was violating Art.

Federal Law No. Now the question is: What does this administrative responsibility look like??

Thanks in advance for your answers! Best answer. Alexandra Kharchenko Genius 6 years ago In accordance with Article 62 of the Labor Code, the employer is obliged to issue work-related documents to the employee within 3 days from the date of application.

At the same time, nowhere in the labor code in general and in this article in particular does it say that only those employees who are still working for this employer have the right to receive such documents, i.e.

This is directly enshrined in the Order of the Ministry of Health and Social Development of Russia from Therefore, you need to contact your employer in writing for the issuance of a certificate; the application will apparently have to be registered in the office and keep a copy for yourself, or sent by registered mail with a notification and a list of the attachments.

By the way, if the employer does not answer you or refuses in this case, write a complaint to the labor inspectorate. Administrative liability for this violation is provided for in Part 1 of Article 5.

This is: – a fine of 30 to 50 thousand. I think the head of your former organization definitely does not reward the accountant with a bonus for such a “gift.” Other answers.

Artificial Intelligence 6 years ago, write a statement to the tax office about the black cash register, they will immediately give you a certificate. Cat-Natasha Student 6 years ago Your husband is a lawyer! This falls under Art.

Violation of labor and labor protection legislation. In particular, for officials, director, ch.

If labor legislation was violated by an official who was previously subject to administrative punishment for a similar offense, this person may be disqualified for a period of one to three years.

Similar questions. They also ask.

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

Post a vacancy. Feedback. Login and registration. Forgot your password? Login for applicants via social networks. Employer registration.

What liability will the employer be held liable for under Art. 1? 62 of the Labor Code of the Russian Federation, upon a written application from the employee, the employer. The Tax Code does not provide for liability for violation of the issuance deadlines.

https://youtu.be/uvgUTQ6U5i8

Our consultations and articles on personnel records management are at your service. To read them, register on the site.

The State Labor Inspectorate heavily fines for violating the deadlines for issuing requested documents and copies to an employee for violating Art. And not everyone manages to challenge such a sometimes disproportionate fine. The court refuses many.

But some still manage to replace the fine with a warning or recognize the violation as minor. The decision of the Khabarovsk Regional Court dated

The employer did not provide the employee with the necessary documents upon dismissal: what are the consequences?

The employer refused to issue documents on the basis of Article 12 of Federal Law No. 2. In the section I ask you to write Based on the above, in accordance with Art.

I request that the employer be held administratively liable for violating labor laws under Art.

Hello, you can format the petition part of the appeal as follows: “In connection with the above, guided by Art.

Services of a lawyer in labor law Prices for the services of a lawyer in labor law Articles on labor law Judicial practice on labor disputes Funny decisions Reviews of labor disputes Know your labor rights Misconceptions in labor relations Useful in labor relations Legal framework Changes in the Labor Code Samples of court documents on labor dispute Contacts of a lawyer for labor law.

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 security insurance, copies of documents related to work, copies of an order for employment, orders for transfers to another job, an order for dismissal from work; extracts from the work book; certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, period of work with a given employer, and more. Copies of work-related documents must be properly certified and provided to the employee free of charge. The employee is obliged, no later than three working days from the date of receipt of the work book from the body providing compulsory social insurance, to return it to the employer. The legislator does not connect the employer’s obligation to provide the employee with copies of work-related documents with the employee’s actual need for such copies. Therefore, the employer’s requirements for the employee to submit relevant requests or petitions from third parties are illegal. A written statement from the employee indicating the list of copies of documents the issue of which he requires is sufficient.

Articles and consultations 2020 on personnel records management on the website www.kadrovik-praktik.ru

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What liability will the employer be held liable for under Art. 1? 62 of the Labor Code of the Russian Federation, upon a written application from the employee, the employer. The Tax Code does not provide for liability for violation of the issuance deadlines.

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Source: https://veterinar-rso-a.ru/predprinimatelskoe-pravo/otvetstvennost-za-narushenie-st-62-tk-rf.php

Article 62 of the Labor Code of the Russian Federation

3.

The commented article establishes an approximate list of documents, copies of which the employer is obliged to issue to the employee; the only legal limit to this list is the indication that the documents must be related to the work of this employee. The question arises: does the employer have the opportunity to refuse to provide a copy of a certain document (documents), and if so, on what grounds?

Delay by the employer in issuing a work book to an employee, entering into the work book an incorrect or non-compliant wording of the reason for dismissing the employee on the basis of Art. 234 of the Labor Code of the Russian Federation can be regarded as depriving an employee of the opportunity to work and, as a consequence, loss of possible earnings.

Employer risks associated with violations of labor laws

In recent years, the number of labor disputes has increased significantly. The problem of protecting the labor rights of employees is very relevant, since employers often infringe on the rights of employees and do not provide them with the guarantees and compensation they are entitled to, as a result of which employees are increasingly resorting to resolving conflict situations through the courts.

— illegal deprivation of an employee’s opportunity to work through suspension from work, dismissal, transfer to another job, delay in issuing a work book upon dismissal or incorrect formulation of the reason for dismissal, non-execution or untimely execution of a decision to reinstate the employee to his previous job. The employer is obliged to pay the employee all unearned wages;

Violation by the employer of the Labor Code of the Russian Federation and Art.

On the last day, when I came to pick up my work permit, I brought another application under Article 62 with an additional list of documents (including calculation notes and copies of vacation orders).

On the eve of the date when they are legally required to provide me with documents (3 days), I called to arrange for a package of documents to be delivered to me. And then, just like the first time, it turned out that they were not ready.

A lawyer called me and asked me to put myself in their position. I said that they had time and I would come tomorrow.

https://youtu.be/mTighipFq8o

After 3 successful years in a company (large international), I had 2 higher-ups: a manager and a senior manager. And, unfortunately, my immediate boss, the manager, turned out to be a very difficult person. It all started with surveillance, insults and rudeness towards me.

I tried to change the situation for 8 months: I tried to come to an agreement, wrote complaints to the internal structures of the company, designed (sort of) to solve such problems. No one wanted to solve the problem (in the form of a violent manager), and they began to threaten me with dismissal. In November 2020, they tried to demote me. They simply called me to the HR department and asked me to sign the order. I started reading.

In fact, the new position for an outsider was not very different from the one I came to work for, but in fact it meant less interesting functionality (and a complete lack of prospects). In addition, according to the Labor Code, they should have had a conversation with me and explained to me why the position was changing, but this was not done.

Further, the order was dated September, and they offered to sign it for me in November. I wrote to the HR department and asked for an explanation of why I was demoted, to which I was told that I was not demoted, but simply had my title changed. (I was a senior specialist in the infrastructure and procurement department and became a senior document management specialist (like a senior archivist).

From that moment on, I became tense. I found a group of lawyers on FB and asked what I should do in such a situation (naturally, I did not sign the order, which, to put it mildly, caused the displeasure of management and the HR department). Forum members predicted dismissal soon, and advised what could be done to, as they put it, scare the HR department a little and bring it to its senses.

Accordingly, I wrote on the order what they advised me and did not change the position (but they managed to make an entry in the employment record!), in addition, I was advised to request personnel and financial documents in accordance with Article 62 of the Labor Code of the Russian Federation (it seems like I am collecting evidence and that Look, I'll sue them).

I didn’t write this statement then, but 8 months later, after (despite the unchanged position) my work was reduced to approximately the work of an archivist and the last project that I was interested in working on was taken away from me, I realized that it was time .

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Article 419 of the Labor Code of the Russian Federation

In accordance with the provisions of Art.

356 of the Labor Code, in accordance with the tasks assigned to them, the bodies of the Federal Labor Inspectorate, in particular, exercise state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, surveys, and the issuance of mandatory orders on eliminating violations and bringing those responsible to justice in accordance with federal law.

Article 136 of the Code determines that the payment of wages in organizations of any form of ownership is carried out at least every half month on the day established by the internal labor regulations and the employment contract.

However, wages are being delayed everywhere. Most often, such delays occur due to the fault of the employer or his authorized official.

For this violation of labor legislation, the commented article provides for disciplinary, material, administrative and criminal liability.

Source: https://uristtop.ru/propiska/otvetstvennost-za-narushenie-st-62-tk-rf

When the information is not related to the employee’s duties

Article 62 of the Labor Code of the Russian Federation provides a complete list of papers for which subordinates have the right to send requests. Applications are often received for the issuance of papers related to the organizational and administrative activities of employers and economic activities. Then the refusal to issue them will be legal. The rule applies to the following papers:

• Staffing schedules, time sheets.
• Reorganization of activities, structural divisions.
• Confirmation of income and expenses, results of financial activities for a certain period.

The same applies to other papers if they are tied to certain organizational issues or decisions. Or when they record specific facts about the economic activity of the subject.

Application procedure

A properly executed request to the employer to receive certificates, extracts or copies of documents from him takes the form of a written application. Although regulatory acts of labor legislation do not regulate the procedure for filing such applications, it would be advisable to refer in the text to Article 62 of the Labor Code of the Russian Federation and list specific documents or copies, the need for which forced the citizen to contact his employer.

You can send your application to the addressee in one of three ways:

1. Personally hand over to the responsible person with a mandatory receipt stamp on the applicant’s copy.
2. An authorized person with duly formalized powers.
3. By post with notification;

Often, an employee performs his production functions by leaving the boundaries of stationary production, often being in another locality or region. To maintain contact with the employer in such a situation, telephone conversations or information and telecommunication networks are used.

Receiving from a remote worker an application for the issuance of relevant documents or certified copies in electronic form does not give the employer the right to violate the established deadline. Within three working days, he is obliged to complete all procedures related to the production, execution and certification of the requested documents, and send them to the addressee in the form of a registered letter with a notification, which will record the dates of sending and receipt by the addressee.

If a remote worker indicated in his application a desire to receive these documents in electronic form, satisfying his request within the period established by law is also the responsibility of the employer.

The presence of a valid labor relationship between a citizen and an employer is not a prerequisite for filing a request under Article 62 of the Labor Code of the Russian Federation. It is quite enough to have a fact of employment, even in past periods.

Abuse of the right to obtain documents

The law does not prohibit the other party from inquiring from the subordinate about the purpose for which he receives certain papers. And how they will be used in the future. This is especially true for situations where a request is made for a large amount of information. Each specific request must be studied taking into account the prevailing circumstances. They also take into account the inadmissibility of abuse of their rights.

For example, when a citizen makes a general request for all work-related papers. This can paralyze the activities of an entire department. And the practical usefulness of some items from the presented list has not been confirmed in any way. Therefore, it is acceptable if the manager requires certain clarifications.

Sanctions

If a citizen has not received any response to an application for the issuance of necessary documents related to his official activities, he has the right to file a complaint with the prosecutor's office and even in court.

The Code of Administrative Offenses of the Russian Federation stipulates liability for violation of Art. 62 Labor Code of the Russian Federation. Sanctions here can be in the form of a warning or a fine.

Accordingly, if the documents are not issued due to the fault of the director or head of the personnel department, then they will have to pay the money from their personal savings. The fine for an official here ranges from one to five thousand rubles. For an enterprise, the amount is more impressive - from thirty to fifty thousand.

Confidential information or information that does not relate to the citizen

Legislation on the protection of confidential information must also be observed, including when citizens receive certain information. For example, if there is a connection with a trade secret. Under such circumstances, the manager has the right to demand a receipt from the subordinate stating that he is aware of the specifics.

Separately, the exact list of information included in the trade secret is determined. For this purpose, special marks are applied to material media. Particular attention is paid to cases where the request concerns papers containing trade secrets not of the employer, but of a third party.

What a citizen needs to know

Each employee of the enterprise who would like to receive documents related to his official activities, as well as copies of them, must submit an application with the corresponding request to the personnel department or the boss. The papers must be certified by the signature of an authorized person and the seal of the institution.

Norm Art. 62 of the Labor Code of the Russian Federation clearly states that documents related to the official activities of an employee must be provided to him free of charge. This means that there is no need to pay money to the boss for obtaining the necessary papers, and if the latter insists on receiving a reward, then the subordinate needs to contact law enforcement agencies.

Art. 62 of the Labor Code of the Russian Federation confirms that documents issued to an employee must be certified. Therefore, it is mandatory to have the signature of the head of the organization or a HR specialist on them. Also, the documents issued to the employee must bear the company's seal.

Service characteristics

Issuing performance characteristics in practice often causes controversial situations. A request for such information is sent in two cases:

1. At the time of termination of the employment relationship.
2. After termination of the main agreement.

These requests are valid and legal. A job description is a document confirming the fact of holding a position with a specific employer. But this is a more detailed version of the work certificate. Providing such certificates is one of the ways to realize the right of citizens to work and its protection.

Article 62

Copies of work-related documents must be properly certified and provided to the employee free of charge.
(edited)

Federal Law of June 30, 2006 N 90-FZ) Parts two and three are no longer in force.

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— Federal Law of June 30, 2006 N 90-FZ. Pages: 64 of 435 VAT: services for towing floating offshore installations provided outside the Russian Federation Personal Income Tax: payment by the management organization of remuneration to members and the chairman of the board of an apartment building at the expense of the owners of the premises Simplified tax system: accounting of profits by the managing partner of an investment partnership Application of UTII when selling jewelry purchased from individuals gold products under retail sales contracts Taxes on the sale of an inherited car Personal income tax: income in the form of a grant for scientific research under an agreement concluded with the Russian Science Foundation Income tax: accounting for payments through Plato Excise duties: tax deductions for bottling purchased cognac Personal income tax: sale of recyclables Personal income tax: providing the guardian with a standard double deduction Recalculation of land tax paid by individuals Licensing procedure for the Ministry of Emergency Situations: purpose and stages The tenant who has won the auction for the sale of the right to conclude a lease agreement for a land plot has the right to carry out construction on this land plot UTII: installation of plastic windows Income tax: accounting for expenses for sending SMS messages of an advertising nature The procedure for a bank to identify a client Submission of VAT tax reports by branches and representative offices of foreign organizations registered with the tax authorities Taxation of VAT in the Russian Federation for services for the creation and placement of advertising - information materials in printed publications, on radio and television, purchased by a representative office of a Russian organization registered for tax purposes in the Republic of Kazakhstan, from a Kazakh organization About personal income tax when receiving gifts from organizations and individual entrepreneurs.

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Description of disciplinary offenses

If disciplinary offenses are committed, management not only assembles a special commission, but also organizes a full-fledged investigation. The process is accompanied by the execution of various acts and protocols. These are documents containing information on the actual circumstances of the offense. A legal assessment is provided separately. Conduct an analysis of previous cooperation with the citizen.

A separate issue is the legality of requests aimed at the results of such investigations and descriptions of the offenses themselves.

In case of disciplinary offenses, the legislation does not oblige investigations as such. The order to impose penalties is the only document that, under such circumstances, is required to familiarize subordinates with.

The general rule is that other documents documenting the progress and results of the investigation may not be disclosed to the other party. They are considered not directly related to the duties of a citizen.

Therefore, the manager’s refusal would be a lawful decision under such circumstances. Exceptions are situations where an employee is interested in challenging a decision using legal proceedings. In this case, the requirements can also be filed by court officials. A citizen has the right to get acquainted with information as a participant in the process.

https://youtu.be/LVBzx_m84mM

Commentary on Article 62 of the Labor Code of the Russian Federation

1. The commented article does not establish restrictions on the employee’s right to receive copies of work-related documents.

2. The employer for failure to fulfill the obligations listed in the commented article, i.e.: 1) for refusing to give the employee, upon his written request, copies of documents related to work; 2) failure to issue a work book on the day of dismissal, bears administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, according to which violation of labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of 1 thousand to 5 thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from 1 thousand to 5 thousand rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 30 thousand to 50 thousand rubles. or administrative suspension of activities for up to 90 days.

Violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of 1 to 3 years.

3. Upon dismissal of an employee, all entries about work, awards and incentives entered into the work book during work at this enterprise are certified by the signature of the employer or a person specially authorized by him and the seal of the employer and the signature of the employee himself in accordance with clause 5 of the Instructions for filling out labor records. books (approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69).

The employer is obliged to issue the employee on the day of dismissal his work book with a record of dismissal included in it.

If there is a delay in issuing a work book due to the fault of the employer, the employee is paid the average salary for the entire period of forced absence. In this case, the day of dismissal is considered to be the day the work book is issued. An order from the employer is issued about the new day of dismissal and an entry is made in the employee’s work book. A previously made entry about the day of dismissal is considered invalid.

If an employee is absent from work on the day of dismissal, then the employer on the same day sends him a postal notification of the need to appear for a work book. Sending a work book by mail with delivery to the specified address is permitted only with the consent of the employee.

In the event of the death of an employee, the work book is handed over to his closest relatives against signature or sent by mail upon their written request.