How to issue a notification about the need to pick up a work book after dismissal + sample for downloading

The procedure for issuing a work book upon dismissal

The work book refers to official documents of strict accountability. During the implementation of activities, she is located in the personnel department. A document can be missing only as a result of damage or loss, as well as during initial employment. The employer himself issues a new one, or you can get a duplicate from the company where the person previously worked for 15 days. To do this you will need to write an application. This must be done no later than 5 days after hiring.

Filling out, issuing and storing a work book is carried out in compliance with the rules and regulations established by law. The main standards are:

• Labor Code of the Russian Federation;
• Government Decree “On work books”;
• Resolution of the State Statistics Committee No. 1 of 05.05.2001;
• Rules approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003;
• Instructions of the Ministry of Labor dated 2003.

After dismissal, the employee must receive a work book, salary and necessary certificates on the last working day. In confirmation, he signs in a special journal. If a citizen refuses to do this, an act is drawn up in which three witnesses sign, thereby recording this fact.

Upon dismissal, the employer makes a corresponding note in the document, guided by the above provisions, and gives it personally to the employee. It is unacceptable to transfer labor documents through third parties if they do not have a notarized power of attorney.

It is important to know! If a person does not come to receive it on the appointed day, a notification is sent to his address about the need to appear for a work book.

What legal norms govern

The entire procedure for terminating an employment contract with an employee is strictly regulated by the Labor Code. This is done to prevent abuse on the part of the employer and employee when terminating the employment contract.

The work record book is transferred to the employer for safekeeping upon hiring an employee (based on Article 65 of the Labor Code of the Russian Federation). The employer is obliged to issue the document only after terminating the employment contract with the employee.

The employment contract is terminated either at the initiative of the employer, or at the request of the employee, or by agreement of the parties. But regardless of this, the general dismissal procedure applies. According to Art. 84.1 of the Labor Code, an employee must receive on the last working day all the money he earned during the period of work (in particular, salary, compensation for unused vacation and, if provided, severance pay).

On the last day, the employer gives the employee all documents related to his work activities. The most important of them is the work book. It is given to the employee, and he needs to sign it in a special accounting journal. Failure to issue a work book is unacceptable and is a violation of labor legislation.

In addition to the Labor Code, the procedure for maintaining, storing and filling out work books is regulated by the Rules of Government Decree No. 225 and the Instruction of the Ministry of Labor of 2003.

According to clause 36 of the Rules approved by Government Decree No. 225 of 2003, the former employee must be sent a written notice of the need to obtain a work book if he did not do so upon dismissal.

https://youtu.be/4Ln048_HNOc

Issuing a work permit in the absence of an employee

A person must collect documents and payment himself, but there are situations when he cannot do this. This could be family circumstances, other motives, or the illness of a relative, due to which the citizen urgently needed to leave the city. Typical situations where it is impossible to obtain a work permit in person are:

1. On the last working day, the employee did not show up for an unexcused reason.
2. The person does not agree with the dismissal, so he simply refused to receive documents and payment.
3. The citizen has been convicted; in this case, a trusted person can receive the book. The document granting authority is certified by the head of the colony.
4. The employee was called up for military service, and the contract was terminated automatically.
5. Death. In this case, the notification is sent to one of the next of kin.

If the notice is drawn up in accordance with all the rules and sent to the former employee, then the employer is relieved of responsibility for failure to issue the document. If the employee expresses a desire, the book can be sent by mail. In this case, a registered letter with notification is required. Without his consent, based on clause 36 of the Rules, such an action is considered illegal.

What to do if the employee does not come to pick up the work book?

In this situation, the actions of the HR employee or the manager himself are very simple:

• It is necessary to send a written notice to the resigned employee with a request to come to his old place of work for the document, while a copy of it and a receipt for sending the letter must be kept.
• If the employee agrees to send the work report by mail, it must be sent by a valuable letter with acknowledgment of receipt.
• If a quitter refuses to receive work pay, it is necessary to draw up an act of refusal and indicate the reason in it.

Rules for drawing up a notification

Notification of the need to pick up the work book is sent to the employee by mail or courier. There is no strict form for the document, but the personnel service must take into account the provisions of Art. 84.1 Labor Code of the Russian Federation. It is drawn up in any form, with the obligatory content of the requirement to come to the personnel department. The notice must contain the following information:

• Outgoing document number, date of its preparation and place;
• Details of the parties, as well as a link to the employment contract;
• Notice of the reason and procedure for termination of the contract;
• The time period and place when a person is obliged to pick up a work book;
• Information that sending a document by mail is possible only with the consent of the owner;
• Signature of the head and seal of the organization.

Sending a notification by courier is also compliance with the established regulations regarding the need to pick up the work book and the necessary certificates. Sending through a proxy requires a printout of the notice in two copies, on the second the citizen puts a mark on the date and time of receipt.

Sample notification

Limited Liability Company "Pirozhkov and Company"

Ref. No. 35 dated 01.02.2003 Petrov Ivan Dmitrievich, Izhevsk, st. Elovaya, 8

NOTICE about the need to obtain a work book

Employment contract No. 48 dated June 5, 2000 was terminated by agreement of the parties on January 29, 2003. Due to your failure to appear to receive your work book on the appointed day, the document was not issued to you.

In accordance with Part 6 of Art. 84.1 of the Labor Code of the Russian Federation, we notify you of the need to come to the personnel department of Pirozhkov and Company LLC in the near future to receive a work book, or to give written consent to send it by Russian Post.

Applications:

A copy of the order to terminate the employment contract.

Head of HR Department Ilyin I.V.

signature

Dispatch times

Notification of the need to obtain a work book upon dismissal is sent to the employee within 3 days after termination of the contract. If it is lost, then responsibility for issuing a duplicate rests with the HR department.

https://youtu.be/fHYNgS9loZc

How to fill it out correctly?

The labor code is a table with four columns in which the following information is entered (section 5 of the Instructions for filling out work books):

• in the first column - the serial number of the record, and the numbering is continuous, i.e. each record, be it a record of hiring, transfer to another position or dismissal, is assigned a subsequent number;
• in the second - the date of dismissal;
• third - the reason and basis for dismissal with reference to the article, its part and paragraph, and the wording of the entry must correspond to the wording set out in the Labor Code of the Russian Federation;
• in the fourth - the date and number of the dismissal order.

The entry on the termination of the employment contract must be confirmed by the signature of the employer responsible for maintaining the Labor Code (a representative of the personnel service or accountant), the resigning employee, and also certified by a seal (if any).

What date should I set?

Column 2 indicates the actual date of termination of the employment contract (dismissal). This date is often confused with the date of adoption of the dismissal order or the date of making the corresponding entry in the Labor Code itself.

However, there is an exception. If the employer violated the deadlines for issuing the Labor Code or entered incorrect wording, then the day of dismissal is considered the day the labor certificate was issued (clause 35 of the Rules).

An entry that was made earlier is considered invalid. In addition, the employer must compensate the employee for the earnings not received during this time.

It is also necessary to take into account that if the date of termination of the employment contract falls on a weekend or holiday (this situation is possible, for example, in case of voluntary dismissal), the date of dismissal will be the next working day. It is this date that should be entered in column 2.

Seal

In accordance with clause 35 of the Rules for maintaining and storing work books (Resolution of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”), all entries made in the Labor Code of an employee who has been fired must be certified with a seal . However, as of April 6, 2015, not all organizations are required to have one.

In accordance with the Explanations prepared by the Ministry of Labor and Social Protection, if the organization does not have a seal, then the signature of the manager or the person responsible for maintaining the Labor Code is sufficient to certify the entries made in the labor record (including upon dismissal).

Sample filling

Let's look at an example of how the Labor Code columns are filled out in the event of an employee dismissal of his own free will.

Important! The use of abbreviations in wording is prohibited (with the exception of the initials of the employer’s representative).

In column 3 the following formulations can be used: “the employment contract was terminated at the initiative of the employee”, “dismissed at his own request”. A link to clause 1, part 2, art. 77 Labor Code of the Russian Federation.

The difference in the entry in the Labor Code for dismissal for other reasons will be in column 3 . For example, if dismissed by agreement of the parties, the third column will contain the following wording: “dismissed by agreement of the parties, paragraph 1 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

The procedure for making an entry on the termination of an employment contract and its wording is established in section 5 of the Instructions for filling out work books (Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69).

Read more about the wording of entries in the work book here.

Responsibility for failure to send notice

Notification of the need to obtain a work book is sent to the employee as soon as possible. This is the obligation of the employer provided for by the Labor Code of the Russian Federation. In the absence of notification, the culprit will face administrative punishment. The sanction is prescribed in Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the fine is up to 50,000 rubles. The amount of liability for an individual entrepreneur is less - 5,000 rubles.

In addition, compensation is sent to the employee’s account. The calculation is made based on the duration of the delay in issuing the document. A former employee can receive such a payment if the company deliberately evades fulfilling its obligations. He needs to contact the labor inspectorate, and then file a claim in court.

A notification to the employee about receipt of the work book is sent to his personal address on the day when he refused to hand it over in person. Notice is required to comply with the procedure and relieve the employer of liability. Therefore, the personnel service needs to prepare a document and transfer it in one of the appropriate ways (courier, mail, with a trusted person).

Removal of liability from the employer

As mentioned earlier, the manager or other authorized person appointed by his order bears full responsibility for the untimely issuance of documents upon dismissal. There are only a few situations in which they are not responsible for labor delays:

• If the notice was sent on time.
• If the resigned employee himself refused to come to the organization and pick up the book, but also did not agree to be sent by mail.
• If for some reason the notification letter was not delivered to the addressee, but there is a receipt of its dispatch.
• If the last working day does not coincide with the date of dismissal due to termination of the employment contract due to the arrest or absenteeism of the employee.

To avoid problems, you need to take into account all the above points, because... a citizen whose rights have been violated by an employer can appeal to the labor inspectorate or court. If the latter’s guilt is established, then he will be held financially and administratively liable.

So, if the notification was not sent, then the administration of the enterprise is obliged (Article 234 of the Labor Code of the Russian Federation, paragraph 35 of the Rules):

• issue a new order to terminate the employment contract (the day of dismissal will be considered the day the employee receives the book);
• make a new entry in the book on the basis of the order, declaring the previously made entry invalid;
• reimburse the employee for all earnings that he did not receive due to the delay in issuing the document.

IMPORTANT! The average earnings in this case are determined by multiplying the employee’s average daily earnings by the number of days that passed before he received the book or until the employer sent a notice of the need to appear for the work book (decision of the Moscow City Court dated November 24, 2010 in case No. 33-36584).

In addition, the employer may be charged:

• monetary compensation in the amount of at least 1/150 of the key rate established by the Bank of Russia (Article 236 of the Code);
• compensation for moral damage caused by unlawful actions/inaction of the enterprise administration (Article 237 of the Code).

Sending a notice the day after the dismissal of an employee who, for some reason, did not receive the book, will eliminate these negative consequences.

Thus, a notice of a work book upon dismissal should be drawn up according to the sample in the case where the specified document was not issued directly upon dismissal. The main tasks that need to be solved when sending a notification:

• include in it a requirement to come for the book or agree to have it sent by mail;
• send the notice in a manner that provides evidence of its receipt by the employee.

Registration of notification of receipt of a work book

How to write such a letter?

To correctly draw up the document, you must indicate the following information:

• name and details of the organization;
• Document Number;
• date of creation;
• Full name of the employee;
• the address to which the letter will be sent;
• document's name;
• please pick up the document;
• offer to send the document by mail;
• signature of the official and seal of the enterprise.

Step-by-step instruction

It is the HR department employees who are required to prepare a notification of receipt of the work book.

It is drawn up in several copies, one of which is sent by mail, and the second must be filed in the employee’s personal file.

The document contains all the necessary information and there must be a request to pick up the document.

When writing a letter, it is important to make an inventory of the attachment so that later there is evidence that it was sent.

It is also necessary to receive a notification that the addressee has received the letter.

Pattern and form

The special form of this document is not approved by law. Each employer has the right to develop its own notification form.

A typical notification template usually looks like this:

Example notification

conclusions

On the topic studied, we highlight several main points:

• The absence of an employee from the employer on the day of payment does not relieve the obligation to issue a work book.
• If an employee does not pick up the document on time, the responsible employee is obliged to send a notification to him about the need to obtain a work book.
• The notification of the need to pick up work does not have a special form; it is drawn up in free form.
• Sending by mail with a written notification is allowed if the employee has given written permission to do so.
• An additional inventory of the attachment is included in the letter; it guarantees the presence of the work book.
• If the work book is lost during shipment, and the employer has done everything according to the established rules, he cannot be held liable. The guilty party will be the post office.
• It is allowed to transfer the work record book to a person with a notarized power of attorney, as well as to relatives if there is a death certificate of the employee.

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Receipt for receiving the book

By law, the work form is issued against signature. Organizations must keep journals for the issuance of work books; this is where the date of receipt of the form in hand, the owner’s full name and his personal signature are entered. It is clear that when sending the form by registered mail, signature in the journal cannot be affixed. In this case, information about the registered shipment with notification is entered into the journal. The notification contains the personal signature of the owner of the book when it is received from the postman. The document can be sent by courier. In this case, a receipt for receipt of the form is taken from the owner.

It is possible to relieve oneself of responsibility for failure to issue a document even when the owner refuses to receive it. The organization, in any form, draws up an act of refusal by the employee to pick up the form. The act describes all the circumstances of the case. It is certified by a commission, which is approved by the head of the organization.

In what cases will the manager be relieved of responsibility?

Legislative norms contain a description of several situations in which responsibility from the manager will be relieved. Such circumstances may include:

• timely preparation of the notification and its sending to the employee. The fact of dispatch must be confirmed by a corresponding receipt from the post office, which indicates the time and date
• receipt by an employee of a notification and his official refusal to appear at his former workplace
• failure by an employee to receive a notice due to the fault of the postal service. In this case, the manager must have a receipt for payment of postal services.
• absence of an employee from the workplace on his last day of work without good reason

If at least one of the above circumstances is present, the manager will be relieved of responsibility for the employee’s failure to receive his work book. However, in all other cases, the employee will be able to protect his rights by contacting the authorized organization and filing a formal complaint.

Methods of sending to an employee

If the citizen who terminated the relationship did not appear at the organization on the last day of work to receive a work book, then the very next day the employer must take measures to issue the form to the employee in a different way. Measures are considered taken as soon as a notice of the need to appear at the organization and pick up a personal document is drawn up and sent. The notice should be sent by mail, but only by registered mail. This method of sending allows you to track the delivery of the notification and its receipt. Indeed, often, along with work, a person also changes his place of residence, and the return of a registered letter will notify the organization of the change of address for the dismissed person.

The notification itself offers the citizen various options for receiving the form in hand. The simplest and most convenient way to organize is for a person to appear in person, but this method is not the only one. A citizen can choose to return by sending a work book. To do this, he must write in any form a statement of consent to send the document by registered mail to the specified address.

Only after receiving written consent the employer has the right to send the book to the owner, but not earlier.

How to pick up a work book by mail?

It often becomes necessary to send a notice of sending a work book by mail if the resigned employee works in a branch of the company, and the main office is located in another city, or when the employee worked on a rotational basis and circumstances changed before arriving for the shift. In such cases, documents are sent on the basis of applications for dismissal and for sending by post.

The application for mailing must contain the following information:

• Date and reason for dismissal.
• The request itself to send the document and the address where it should be delivered.

If the employee did not pick up the work book upon dismissal and did not write a statement with a request to send it by letter, then the employer himself or the responsible person must draw up a notification about sending the work book by mail, and then obtain consent from its owner in the same way. When all the documents are ready (notification and written consent), you must visit the post office, take a form for sending a registered letter and a list of the attachments. After filling out, the postal employee will issue the letter and issue a notification of dispatch.

When the registered letter is received by the employee, a notification about this will be sent to the employer's address. The receipt, inventory and notification must be recorded in the incoming correspondence journal, because these documents can serve as evidence of the manager’s lawful actions if the dismissed employee decides to appeal to the supervisory authorities.

The employee does not receive a book

Failure to issue a document to a dismissed person on the last working day is considered a violation of labor standards and can result in serious consequences for the employer. Obviously, it is not in the employer's interest to prevent the receipt of this form. But what if the fired person does not pick it up himself?

Let's look at the reasons why a fired person may not show up for this document on the prescribed day:

1. The dismissal occurred during sick leave. That is, the decision was made earlier, but the last day of work itself fell during the period of incapacity for work.
2. The employee went on vacation with subsequent dismissal, without the need to return to work at the end of it.
3. The employee was fired for absenteeism and did not show up to complete documentation.
4. Other reasons.

In any case, the transfer of documentation must occur.

Even if the dismissed person is not able to come for the form himself, he has the right to send his authorized representative to receive it.

But if the dismissed person does not take any steps to receive it, then all responsibility for issuing falls on the shoulders of the employer.