Is there a stamp on the notice of dismissal?

Why does the seal change most often?

Before answering the question posed in the subtitle, let’s say that as of 2020, the mandatory use of seals and stamps in the current activities of companies has been abolished. Thus, today, only government departments and some structures and organizations accredited by them should have a stamp; all others use stamps on a purely voluntary basis.

The seal is issued for a long period of time, until the company ceases to exist or some changes occur in it that require replacement of the cliche, and these can be a variety of circumstances. The most common: damage, damage or premature wear of a stamped product, change of name or details (organizational and legal status, location, etc.) of a legal entity, loss of a stamp.

We received a notification from the Federal Tax Service without a stamp - everything is within the law

I want to draw the moderator's attention to this message, because: A notification is being sent... Linas Russia, St. Petersburg #5 October 3, 2008, 16:47 eh...Russia...we like to put a stamp on every piece of paper. The stamp is only put on letters that contain a mention of financial obligations, and then there must also be a signature of the chief accountant, letters in which there is a mention of any contractual relations (i.e., those that have a legal basis) ... and FSE. I want to draw the moderator's attention to this message because: A notification is being sent...

The procedure for changing the seal

In order to change the seal, you need to follow a certain procedure.

The first step is to convene the founders of the company and make an appropriate decision at the general meeting. Then, based on this decision, issue an appropriate order.

After this, the person appointed responsible for changing the stamp must go to the tax office and submit a package of documents there. It must contain: a certificate of registration of the enterprise, a copy of the Charter, a notarized decision to change the seal, signed by all participants of the LLC, as well as a free-form application indicating the reason why there was a need to replace the stamp.

How to compose and sample

Just like an order, a notice is drawn up in free form in two copies for each party. The notice should include the following points:

It must be indicated from whom and to whom it is intended. That is, full details, name of the organization, full name, position of the recipient;
The notification itself must clearly reflect the need for the planned innovations with references to the labor law standards in accordance with which the planned reforms will be implemented, as well as the date from which the changes come into force;
It is necessary to describe in accessible language the essence of the reforms and how this will directly affect the employee, how the working conditions for him will change;
It is advisable to notify the employee of the possible legal consequences in the event of his refusal to accept the new terms of the employment agreement - dismissal on the basis of Article 77 of the Labor Code of the Russian Federation with payment of severance pay.

Sample letter

However, there are certain subtleties and nuances that you should be aware of. Some companies or banks that an individual entrepreneur encounters treat the fact of the absence of a seal with some caution and distrust.

Many of them require such an entrepreneur to provide a letter indicating that the individual entrepreneur operates without a seal.

A letter about a job without a stamp - what is the essence of the problem?

However, people who ask an individual entrepreneur working without a seal to provide a letter confirming this fact can be understood. Counterparties or banks do not want to take risks.

What are the potential risks for them? An individual entrepreneur has the right to work without a seal. He can sign invoices, invoices, acts and other documents.

But, if an individual entrepreneur ordered a seal and uses it to draw up documents, then all documentation should be drawn up in this way. In this case, the entrepreneur’s signature alone is not enough.

Such documents may be declared invalid. Therefore, an individual entrepreneur needs consistency in the implementation of these actions.

Representatives of organizations that interact with individual entrepreneurs simply want to insure themselves. That’s why they ask the individual entrepreneur for a letter without a stamp.

What should this letter be like? The template used here is: “I hereby confirm that I, the individual entrepreneur…. (F.I.O.), Taxpayer Identification Number…. , certificate..., according to the Civil Code of the Russian Federation and the Law... I work without a seal.” Everything is confirmed by the personal signature of the individual entrepreneur.

Why these difficulties?

In general, here everyone decides for himself what will be best for him and his business.

Some people easily work without a seal and do not encounter any particular difficulties, while another businessman prefers to protect himself from the additional problems that arise due to the lack of a seal.

Is the organization's seal placed on a notice of changes in working conditions?

What conditions are considered essential? According to Article 67 of the Labor Code of the Russian Federation, upon employment, the management of the enterprise is obliged to draw up a written employment agreement with the future employee, specifying the mandatory conditions enshrined in Article 57 of the Labor Code of the Russian Federation.

Attention: A specific form of this document is not provided for by the current legislation, therefore the notification order is drawn up in any form by employees of the personnel department, an accountant or the head of the organization.

When drawing up a document, you must indicate the following:

What kind of changes in the work routine are coming, how will they be expressed;
An existing order regarding the reflection of changed working conditions in the local regulations of the organization itself;
The date from which the usual work schedule is expected to change.
The reasons that led to the changes;

Important!

A prerequisite when writing an order is a detailed indication of the reasons that led to the need to change the basic working conditions of individual employees of the organization. Info Who writes the notice A notice can be written by any employee of the organization authorized to create such papers, either in accordance with the job description or a separate order of the director. Most often this is a specialist or head of the personnel department, a lawyer or a secretary.

How to draw up a notice Notification of changes in the terms of an employment contract can be made in any form.

However, if the enterprise has its own document standard, then the notification should be written according to its model.

Is a seal required in the contract?

It's fast and free! Table of contents:

Why does this question arise?
What is it for?
Is it required or not?
From what year and when was it canceled?
What happens if you don’t put it down or vice versa?
Consequences if a signature is stamped

Why does this question arise? Many entrepreneurs who are faced with filling out invoices for the first time, or who have been dealing with them for a very long time, have a question about whether it is necessary, in addition to filling out all the required items on the invoice, to also put the organization’s seal. And this is not surprising, because not so long ago any company was simply obliged to have an individual seal, and documents that did not have it were simply considered invalid. This is why this question comes up so often.

Is there a stamp on the notification?

At the same time, emotional statements should be avoided. Experts recommend turning to Art.

779 Civil Code. Claims to a letter of termination of a lease agreement from a tenant Having received notice from the initiator of the termination of the business relationship, the party has the right to disagree with the opinion of the other participant.

It is advisable to draw up your answer in the same form as the letter of termination of the contract itself. If this document is not presented in court, the initiation of a case may be refused.

How to correctly draw up a notice Notice of unilateral termination of a contract: sample Drawing up a notice is provided in writing and in any form.

The following items must be included in this document:

List of attached documents.
Justification for termination of the contract.
Information about the applicant and the recipient.
Clarifying information about termination of the contract.
Date of writing the notice with the signature of the applicant.

In the paragraph where it is necessary to indicate the justification for termination, the details of the contract, complete information about the parties and their responsibilities are indicated. Then in the same paragraph it is necessary to describe in detail the reason for termination of the contract, on the basis of which law the applicant is acting. Articles

1 Essential terms
2 Notification order
6 Act of refusal to sign a notice
7 Shelf life
5 Is there a stamp on the notification?
4 Who signs
3 How to compose and sample

Essential conditions The grounds that can be regarded as justified for making changes to the current employment contract are specified in Article 74 of the Labor Code of the Russian Federation.

These include:

Changes of a technological nature, for example, the introduction and use of new equipment by an enterprise.
Changes of an organizational nature;

Enter the site

As a rule, in organizations that have their own seal, this kind of documentation is certified by the signature of the person in charge and a seal imprint, but due to the fact that there is no most unified form of the specified document, the absence of a seal will not be regarded as a violation, therefore, the finished form signed by the manager will have equal legal force with or without a seal.

Note! A person who has received notification of a change in working conditions will be considered duly notified if the document is received within the time period required by law, regardless of the presence or absence of a seal. An act of refusal to sign a notice An example of an act of refusal to sign a notice If, when trying to give an employee a notice, the employee’s refusal to accept the document or refusal to sign it was received, the person whose duty it was to hand over the document draws up an act of refusal.

Essential conditions

The grounds that can be regarded as justified for making changes to the current employment contract are specified in Article 74 of the Labor Code of the Russian Federation. These include:

Changes of an organizational nature;
Changes of a technological nature, for example, the introduction and use of new equipment by an enterprise.

Note! The employer must notify subordinates who will be affected by the changes about upcoming changes no later than 60 days prior to the planned changes.

Answer

No, it is not necessary, unless the employer’s internal rules establish a different procedure. There is no such requirement in law.

The seal of the organization, as a general rule, is an additional confirmation of the authority of the person who signed the document for external contractors.

The notification (whether it is an order, a free form of notification or a vacation schedule) about the start of a vacation is an internal document of the employer. The employee must be notified of the start date of the vacation by signature no later than two weeks before it begins (Part 3 of Article 123 of the Labor Code of the Russian Federation). The organization determines the forms and methods of such notification independently. These may be separate notices or notifications to employees, introductory sheets and statements, draft orders (instructions), etc.

Read more Notify the tax office about the apartment being rented out by neighbors

For example, you can issue a notification about an upcoming vacation in any form. Another option: draw up a vacation order in Form No. T-6 or a self-developed form and familiarize employees with it in advance: two weeks before the start of the vacation.

You can also supplement the unified form No. T-7 of the vacation schedule or a self-developed form with two additional columns. In one of which, employees will sign that they know the start date of the vacation, and in the other, indicate the date of notification of the start of the vacation.

The legal requirements for prior notification of the employee about the start date of the vacation will be complied with in all of the above cases.

Similar explanations are given in the letter of the Ministry of Labor of Russia dated July 30, 2014 No. 1693-6-1, as well as paragraph 4 of the letter of Rostrud dated March 22, 2012 No. 428-6-1.

Details in the materials of the Personnel System:

1. Situation:

Is it necessary to notify an employee about the upcoming vacation that is scheduled?

The employee must be notified of the start date of the vacation by signature no later than two weeks before it begins (Part 3 of Article 123 of the Labor Code of the Russian Federation). The organization determines the forms and methods of such notification independently. These may be separate notices or notifications to employees, introductory sheets and statements, draft orders (instructions), etc.

The legal requirements for prior notification of the employee about the start date of the vacation will be complied with in all of the above cases.

Similar explanations are given in the letter of the Ministry of Labor of Russia dated July 30, 2014 No. 1693-6-1, as well as paragraph 4 of the letter of Rostrud dated March 22, 2012 No. 428-6-1.

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Evgenia Ilyina,