How much does a work book weigh in grams? We send the work book to the dismissed employee by mail

How to properly send a work book by mail

After receiving written consent, you must send the work book within no more than three days (working days).

To do this you need:

send notices to the dismissed employee at all addresses known to you}
do not forget that the employee’s consent to send the work book by mail must be written}
transfer the work book from the central office to the branch if the employee worked here}
Do not transfer your work book to third parties; for this you need a power of attorney, executed by a notary.

Fill out the work book correctly

How to fill out a work book in Kazakhstan Make entries in the work book on the basis of the Law “On Languages in the Republic of Kazakhstan”. Records of the dates of signing an employment contract, termination, termination, transfer, promotion and award are entered in Arabic numerals.

Enter the day and month as a two-digit number, and the year as a four-digit number. The date must correspond to the act, order, instructions, etc. of the employer on actions in terms of labor relations with the employee.

Important

Write down information about the employee on the first page of the work book. Certify the record with the seal of the enterprise, the signature of the employer and the employee.

Last name, first name, patronymic and date of birth are indicated in full based on identification documents.

Indicate the education, specialty and profession of the employee according to supporting documents.

Fill out the “Job Information” section. In column 1, indicate the serial number of the entry.

Explanations on the issue of sending a work book by mail abroad

Rostrud reports the following regarding the sending of documents outside the Russian Federation. It is prohibited to export or send by mail abroad not only work books, but also military ID cards, as well as identity cards. Moreover, reference is made to the norms of USSR Law No. 2261-1 dated. Today in the Russian Federation this legal document is applied to the extent that does not conflict with the existing regulatory framework of Russian legislation.

It is noteworthy that this norm is enshrined in paragraph 3 of Order of the USSR Customs Committee No. 117 dated. The State Customs Committee of the Russian Federation draws attention to this (letter No. 01-06/50275 dated).

Following the requirements of USSR law, when leaving for permanent residence in another country, a Russian must submit the listed documents to the relevant organizations. The owner of the documents, taking into account the data contained in them, is issued certificates of a certain type. So, on the basis of the work book, an extract is issued with the necessary information about the length of service.

According to Rostrud, this norm does not contradict current legislation, and therefore can be applied in the Russian Federation. It follows from this that the employer is not obliged to send the employee’s work at his request outside of Russia. In fact, it will be impossible to do this, since the post office has the right to refuse shipment, citing a ban.

Thus, in fact, the employer still has only one option. The dismissed employee should be sent a notice with an order to appear for the work report or to agree to have it sent to a Russian postal address.

For information, the request for documents on education, experience and other documents specified by law is carried out upon a written request from Russians (foreigners, stateless persons) in accordance with Federal Law No. 154-FZ from the “Consular Charter of the Russian Federation” (as amended from).

The law establishes the obligation to hand over the work book on the employee’s last day of work. In practice, implementing the requirements of the law is quite difficult. Sending a personnel reporting document to an employee by mail will allow you to avoid liability.

In what cases is it permissible to use this method? As a rule, draw up an application for sending a document, how consent to send it is formalized. You will learn about the peculiarities of formatting letters and interaction with Russian Post from this material.

How to pick up from another city?

If an employee left the city and only later realized that his work book remained with the employer, there is no need to despair. In this situation, there are two options, one of which you can use.

The first option is the opportunity to send the employee a representative in his place with a power of attorney drawn up by a notary. Of course, this method is very expensive, because you will have to pay for the power of attorney.

But an employee can also ask the employer to send him a work report, and according to the rules of the Labor Code, such an action is provided for immediately after the employee stops communicating.

Is a Kazakh work book valid in Russia?

According to the results of the research and the published rating assessing the attractiveness of life, Russia took 1st place in the list of the 1st state. This is significantly higher than other former USSR republics. The above employment features are typical for all foreigners who are citizens of EAEU member countries. A new work book must be issued to an employee if his work book does not correspond to the sample work book form established on the territory of the Russian Federation. If the presented work book corresponds to the model or year and is kept in Russian, a new work book does not need to be drawn up. Accordingly, if an employment contract is concluded with a foreign citizen who has the status of permanently or temporarily residing in the Russian Federation, then the provision of a VHI policy is not required.

Upon dismissal - absent

Now let's consider a situation where the owner of the work book really does not have the opportunity to pick it up on his own on the last day of work due to absence. The following options are possible here. Firstly, the employee could pre-register his consent to have the work book sent to him. Then the company, without any difficulty, has the right to send him the document to the address specified in this consent. Please note that after receiving written consent, you must send the work book within three working days.

If, on the day of dismissal, the organization does not have either the employee himself or his written consent to forward the employment document, then the employer should act in the same way as in the case of personal refusal. A notification is immediately drawn up and sent about the need to come for the book or send consent to forward it, etc. Here, too, there are several options for the development of events. Option one - the former employee will respond to your letter and agree to receive the work book by mail. Then it is better to send it, again, by letter with an inventory of the attachment. At the same time, in the personal card of the person who resigned and opposite his data in the work book, the employee of the enterprise’s personnel service must indicate the date of sending the valuable letter. And after the “arrival” of the notification of delivery - the date of receipt of the book by the addressee.

“When sending such a serious document,” says Svetlana Vikanova, “just in case, I make a copy of all its pages. After all, theoretically, anything can happen during shipment, including loss. And in emergency situations, such foresight will be very useful.”

Option two - a person can offer to give the book to his authorized representative. In this case, the latter must have a notarized power of attorney from the “owner” of the document. It should record the right of the authorized person to receive the principal's book, as well as to perform other actions related to this order (for example, to put his signature in the book for recording the movement of work books).

And option three – the notification letter does not receive a response. In this case, the work book must remain in storage in the organization.

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On the employee’s last day of work, the manager is obliged to give him a paycheck and a work book with a corresponding record of dismissal. Perhaps the employee does not agree with the reason for dismissal and refuses to pick up the work book or for some reason is absent from work on the day of termination of the contract. Then you should send him a registered letter on the same day about the need for him to obtain a work book or obtain written consent to send it by mail. It is considered possible to send a work book by mail if there is written consent from the employee to send the work book by mail.

There is no employee and no written consent from him to forward the book

If, for unknown reasons, an employee is absent from work for a long period of time and does not give written consent to send him a work book, then there are two options:

Keep the book until needed. The storage period for unclaimed work records is 75 years.
File a claim in court. Please indicate that you have not found a way to send your work book by mail. Based on the court decision, terminate the employment agreement with this employee. In the work book, make an appropriate entry based on the order of dismissal by court decision.

A work book is issued even if the employee has not paid the accounting bills. Neither the employer, nor the personnel department employee, nor any trusted representative has the right to blackmail a resigning employee by manipulating the work book.

Any inspection by the labor inspectorate will reveal the books of all dismissed employees. If there are no grounds for storing them in the organization, then the employer faces a fine of up to 50,000 rubles (possibly even for each unreasonably stored document).

How to receive it by mail?

Application for forwarding

application must be written in advance , which is submitted by the employee to the personnel department. The application is drawn up in any form.

In its text, it must contain the name of the organization, as well as contact information about the organization and the employer. It is also worth remembering that the application contains information about the employee. This is done so that if problems arise with the shipment, you can immediately contact the employee.

Application form

In the application, the employee formulates a request according to which on a certain date the employer must send him a work book by letter to the specified address.

The application must be clearly formulated and written, either by hand in neat and legible handwriting, or on the computer in a standard font.

How to write?

The application must be written in any form , but if the organization’s local regulations provide for the possibility of drawing up such an application according to the appropriate sample, you must contact the organization’s personnel department and do everything in accordance with their requirements.

This application is accepted by the HR department and, if agreed, a copy is made of the application, and the employer’s seal and signature are also affixed.

Sample application for sending a work book by mail.

Consent to shipment

Consent to send a work book by mail is another type of document that is responsible for transferring the work book into the hands of the employee. One way or another, if there is no need to draw up an application, then you can use simple consent to such a shipment.

Consent is written in the form of a receipt , that is, the employee’s passport data is entered and a phrase is written stating that he agrees to the forwarding of the work. The receipt is also certified by the seal of the organization and the signature of the employer.

Notification letter

Sending a letter notifying an employee’s work record by mail is a fairly wise step, because this way you will always know where the message you sent is located, and if the employee receives it, you will be the first to be notified about it.

You need to choose to send it in the form of a notification letter, and also evaluate the value of the letter so that it is sent with special care in the mail. To do this, you will need to pay the cost of the valuable letter and the notification letter.

As a rule, if the employee receives a letter addressed to you, they will receive a notification that the action has been taken. Even if an unscrupulous employee wants to sue you and claim that you have lost his employment, you can submit a notice as proof.

If the letter comes back to you, ask the post office to draw up a document that will indicate the route of the letter with all the dates, and also put the stamp of the post office.

Sample notification (application) for the return of a work book by mail upon dismissal.

Is the consent of the dismissed employee required for forwarding?

This document refers to types of documentation that provide for special storage and transfer standards. Therefore, here it is necessary to follow the established procedure, according to which forwarding is permitted only with the consent of the owner of the work .

Such consent must be obtained only in writing, with official wording, from which it is clear that the owner of the document requests it to be sent to the address specified by him.

The request can be expressed:

separately written wording in the resignation letter - after the text that expresses the request for dismissal, indicating the grounds and deadlines.
A separate statement that is attached to the resignation letter or submitted separately after the dismissal procedure has been completed.
Transmitted by telegram, with confirmation of the sender's signature by the telegraph operator.

The wording may be as follows: “Please send the work book by post to the specified address (address is indicated).” Next, the applicant’s signature is affixed, indicating the surname and date.

IMPORTANT: If a resigned employee plans to receive a document not by Russian Post, but by another type of postal item, special instructions are given about this. It also indicates payment for the shipment from personal funds from the settlement amount or upon receipt - to the courier.

What can a fired employee do?

If a dismissed employee for any reason has not received a work book, he has the right to file a claim with the employer in court for moral damages. As proof, you can present a certificate of illness after dismissal. It is necessary to prove that this disease is associated with a nervous breakdown due to the lack of a work record. For example, it was impossible to get another job, difficulties arose with pension registration, and the like. If the employer is found guilty, the employee is paid monetary compensation.

If the issuance of the book is delayed due to the fault of the employer, the dismissed employee is paid the average salary for the period of unexpected absence, the date of dismissal is postponed to the day when the book was handed over to the employee. A new order or order should be issued about this, and an entry should be made in the book.

In what cases is a work book sent through the post office?

Sending a work book by mail is possible only in cases provided for by law. These include:

being an employee in a remote office located in a different region than the company’s headquarters;
dismissal during a business trip or internship in a remote area;
when an employee goes on vacation and submits an application for vacation followed by dismissal;
in other cases in practice, when it is not possible for the employee to receive the document in person.

Is it possible to send a work book by mail?

As you know, a work book is an incredibly important document , something akin to a passport of the Russian Federation. In accordance with the law, the work book reflects the total work experience of a citizen, that is, his work experience.

Such information is extremely important and should always be with the owner of the work permit, because it is the work record that can provide the citizen with a decent pension.

But what should an employer do if he discovers that his employee has not collected his document ? This question is answered by both the Labor Code and the rules for storing and maintaining work books.

How to send?

In order to correctly send a work permit by mail, you need to perform a number of actions .

Firstly, you need to make sure that the work book really belongs to the employee who is not behind it. If the book has only been with you for a few days, you shouldn’t immediately rush to the post office. Perform a series of sequential actions.

Secondly, check to see if the employee is still in the city or has time to report for work. To do this, you need to call the employee and ask him to come for the document.

If you cannot contact the employee, you can try, if possible, to notify his relatives.

When all the steps have been completed, but the result is still unattainable due to the fact that you were unable to contact the employee, do not despair. The first and most correct thing you can do is to go to the post office and send your work .

Why can’t you keep a document for a long time? The fact is that, out of good intentions, you can leave the book with you, hoping that in the coming days the former employee will come to his senses and return. Also, the employee himself may ask you to hold the document.

But in fact, this may turn out to be a fraudulent act of unscrupulous workers who are trying to profit from your trust.

They will sue you for withholding their documents, and you will be forced to pay a fine and moral damages to the employee, as well as, possibly, lost profits.

Therefore, to avoid getting into such a situation, go to the post office.

Only after you make sure that the employee did not receive the letter, which means the notification was sent back, can you keep the work record, but under no circumstances get rid of it. Your task is to wait until the employee remembers his document .

This is where the actions that the employer has the right to carry out end.

Work book of a citizen of Kazakhstan

I have been living in Russia for 4 years, 2 of them as a citizen of the Russian Federation. Read answers (1) Topic: Experience when moving to Russia When moving from Kazakhstan to Russia for permanent residence, a woman of pre-retirement age can count on receiving a pension in Russia? read answers (1) Topic: Pre-retirement age I am planning to move to Russia from Kazakhstan, I have a Russian international passport, I need permanent registration in the international passport. read answers (1) Topic: International passport registration My common-law husband has been a citizen of Russia since 2001, before moving to Russia from Kazakhstan, he was married in Kazakhstan , my wife left with a small child in 2002 back to Kazakhstan. read answers (2) Topic: Marriage in Kazakhstan When moving for permanent residence to Russia from Kazakhstan, do I have the right to maternity capital if the children were born in the Republic of Kazakhstan? read answers (1) Topic : Permanent residence in Russia from Kazakhstan. My husband has 25 years of driving experience. The original rights were obtained in the USSR.

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

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

Application form

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

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

How to write?

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

Consent to shipment

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

Answer

A work book is the main document about an employee’s work activity and work experience (Part 1 of Article 66 of the Labor Code of the Russian Federation, clause 2 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

Currently, on the territory of the Russian Federation, work books of a new type are used (put into effect in 2004), as well as previously established samples, which are equally valid and cannot be exchanged for new ones (clause 2 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

Consequently, if an employee, when applying for a job, presented a work book of the standard standard on the territory of the Russian Federation, then this allows the personnel service employee to accept this book and continue filling it out.

If the employee has provided a work book from a foreign country (Kazakhstan), then in this case it is necessary to issue a new work book.

If there is reason to believe that it is of the standard established in the territory, then:

From 1939 to 1974, books were published without series or numbers. They were poorly protected from counterfeiting, i.e. did not have series, numbers, or watermarks.

From 1974 to 2003, work books of the AT series were used. In total, over these years, ten series of work books were issued, designated by Roman numerals (AT I, AT II, AT III, AT IV, AT V, AT VI, AT VII, AT VIII, AT IX, AT X). All work books of the AT series (all ten series) have the inscription at the bottom of the last page: “ Goznak. 1974.

» This is not the year of manufacture. This means that this book is from 1974. The year of issue is not directly indicated anywhere, but is determined indirectly, by the series and number of the work book, which are printed at the top of the first page. The series and number on the page were printed in red AT-I, AT-II, AT-III, AT-IV, AT-V, AT-VI, AT-VII. The AT-VIII, AT-IX, AT-X series were printed in black on the pages, the work book number was printed in red. All work books from 1975 to 1982 were issued in a dark green thick cover. Since 1982, in addition to the dark green, a light blue cardboard cover has appeared. The difference between them is only in appearance; both were in circulation. All pages of work books of the AT series are protected by watermarks in the form of serpentine curved lines, visible to the light.

Documents that establish which series were assigned to work book forms in a given year are not publicly available

. However, in specialized literature and the Internet you can find summary tables of series of work books by year of their release (see series of work books above in the text). They were compiled by Goznak in such a way that the numbers of these documents were not repeated within the same series. In the Union republics, from 1974 until the introduction of new-style work books, work books with other series could be issued.

Therefore, we can say that open sources of information contain only approximate data

about series of work books by year of their release. Therefore, if in practice there are small discrepancies with them (for example, in one year), then this should not give cause for concern.

Thus, if an employee has presented a work book with the ET-I series, then it can be checked for compliance according to the other criteria described above. You can send your request directly to Gosznak. Therefore, if a given book meets all the criteria and has all the security features, then this book is also valid. At the written request of the employer, Gosznak can provide information about the series of work books that were issued during the period of interest to you.

If the employee provided a work book and it was still from a foreign country, then it was necessary to issue a new work book.

Conversation with a “dissenter”

If an employee is present at the company on his last working day, but refuses to receive a work book, his refusal should be recorded immediately. To do this, you can draw up an act that clearly indicates the place, date and exact time when the quitter was asked to pick up the document. It should also be written down how the former employee motivated his refusal. Next, you need to indicate in the presence of which employees this happened, and ask witnesses to the incident to sign the report. The person resigning must also endorse the document. If he refuses to sign the act, this should also be noted.

note

The period for collecting average earnings for a delay in issuing a work book is determined starting from the date of termination of the employment contract and ending with the day the notice of the need to obtain a work book is sent to the resigned employee.

After a former employee leaves the company forever, the personnel officer needs to send him a notification by mail on the same day about the need to appear for a work book. In this case, the employer, for his own good, must comply with two rules. First, the notice must be in writing. Therefore, you should avoid such ambiguous methods of notification as telegrams, or, especially, oral explanations. Secondly, the notification must be sent in such a way that, if necessary, you can confirm that you sent exactly the notification and precisely on the day the employee refused to personally receive the work book. To do this, you need to register the notice in the journal of outgoing correspondence and store a copy of it there, and the most reliable way to send it is by letter with acknowledgment of delivery and a description of the attachment. In addition, make sure that the shipment is sent to all addresses of the former employee known to you. If any questions arise, this will be additional evidence of your conscientiousness and diligence.

Please note that the company is released from liability for the delay in issuing a work book precisely from the date of sending the notification (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).

“There are cases that a letter with a “call for receipt” is returned due to the expiration of the storage period at the post office or the absence of an addressee,” warns Moscow lawyer Sergei Voronin. - However, this should not worry you. After all, it is the fact of your sending (and not the fact that your former employee received the envelope!) that is the circumstance that exempts you from financial liability.” This is confirmed by judicial practice. Determination of the Investigative Committee for civil cases of the Primorsky Regional Court dated July 25, 2012. No. 33-6464, appeal rulings of the Investigative Committee for civil cases of the Belgorod Regional Court dated September 18, 2012 No. 33-2937 and the Investigative Committee for civil cases of the Irkutsk Regional Court dated July 19, 2012.

After sending the notification, the company can only wait. During the entire waiting period, the work book must be kept in the company, because the company does not have the right to send a document to the owner without his express consent (clause 36 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by the RF PP dated No. 225.)

“When leaving a work book “on demand” in your organization, be sure to keep the act of its “owner” refusing to pick up the document, and the receipt for sending him the notification, and the inventory of this letter, and the notification itself, if it was returned to you,” recommends Svetlana Vikanova, HR manager at one of the warehouse complexes near Moscow, “Because if, during an inspection at the enterprise, work books of people who no longer work there are discovered, and the company cannot present legal grounds for storing them, the employer may be fined ().”

General requirements for filling out and storing work books

Individual entrepreneur work bookAn individual entrepreneur does not have the right to fill out a work book for himself. After all, he is not in a labor relationship with himself. Hired workers are a different matter. He is required to keep work records for them. If the employee does not have a work book, the entrepreneur must purchase one.

Attention

But keep How to fill out an insert in a work book. An insert is issued if all sections on work or awards in the work book are completely filled out. The shape of the insert is unified and approved by the Government of the Russian Federation under No. 225.

The direct execution of this document is carried out in accordance with the rules for maintaining work books. How to register a work record in the IPPS With the entry into force of the Federal Law of June 30, 2006 No. 90-FZ1, which made significant changes to the Labor Code of the Russian Federation, individual entrepreneurs are required to maintain work records for all employees they have over five days. Zhazbany engіzu negіzdemesі (kuzhat, onyyn kүnі men nomіrі) On the basis of which the entry was made (document, its date and number) 1 2 3 4 Marapattaular men kotermeleuler turaly malimetter Information about awards and incentives No. zhylygod Ұyimdaғy zhұmysқabaylanystyordermen, medaldarmen zәillemotalarmenmarapattaular, ққұрметі атақтарBEружә flowktermeleulerturaly mәlіmettterInformation on awards of orders , medals and certificates, awarding honorary titles and incentives related to work in the organization Zhazbany engіzu negіzdemesi (Kuzhat, onѣ kүnі mennomiri) On the basis of which the entry was made (document, its date and number) 1 2 3 4 Appendix 2 to the order of the Minister of Health and Social Development of the Republic of Kazakhstan dated 3 November 0, 2020 Year No. 929 Rules for maintaining and storing work books 1. General provisions 1. In accordance with the diploma, certificate or other educational document, indicate the status that the specialist received during his studies at the educational institution (secondary, higher, secondary specialized, secondary specialized). Enter the name of the profession, specialty that this employee acquired during his educational activities. 3 Indicate the real date of filling out the new work book for the employee. Certify the title page with the signature of the person responsible for maintaining, storing, recording work books, their forms, inserts, in the place for the stamp with the company seal so that the personal signature of the personnel officer can be read. Ask the employee for whom the work book is being created to sign in the space provided for this. 4 The first and second columns of the work book are intended to record the date of entry and its serial number. Please indicate them.

The sequence of actions of the responsible person when sending a dismissed employee a work permit by mail

The HR department is entirely responsible for the process of timely transfer of the work book. If the employee did not receive it on the day of dismissal due to absence from work or refused to pick it up, the question arises of sending it by mail.

The work book remains with the employer in the following situations:

The dismissed person did not pick it up on his own and did not consent to its forwarding.
The document was not sent or returned after notification.

The employer can keep it along with the rest of the employee’s documents on demand for 2 years. It is then transferred to the archives.

How to send?

The procedure for sending a work book is characterized by several important points:

Sending a document by mail at the initiative of the employer is not always appropriate. It is necessary only in cases where this measure is permitted by law. These rules and regulations of Articles 62 and 77 of the Labor Code of the Russian Federation do not affect the need to transfer the work book to the employee on the last day of fulfillment of his obligations.
sending a document by Russian Post is possible only in cases where the employee has independently declared his desire to receive a work book by mail. He may notify the employer of this or give permission to receive the book in this way in response to a notification from the enterprise.
even if an employee is dismissed due to administrative or disciplinary liability, prior written consent is required to send the work book by mail.

Questions and answers

Within what period must the employer send a work book by mail if the employer received an application from the employee for permission to send it by mail on 03/05/2018?
Expert:

The work record book must be sent to you immediately.

According to Article 84 of the Labor Code of the Russian Federation

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. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. Upon 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.

Expert:

Elena, I believe that within three days after the holiday weekend, March 8th.

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

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

Such a period is not provided for by law, but there is a general procedure, and according to Article 84.1 of the Labor Code of the Russian Federation

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. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. Upon 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 .
This means that within 3 working days, but no later than the date of receipt of consent to send by mail, the employer must send the work book to your address

Please tell me how legally the employer is acting in this situation? The husband worked in a branch of the company in St. Petersburg. Upon resignation, I wrote a letter of resignation of my own free will. The employer did not issue the work book immediately, because... she is in another city. He insisted that the husband sign an agreement that they would send it by mail. At the moment he is on sick leave and will have two weeks of work after that.

1) Within how long should the work book be sent home?

2) When must the employer pay the employee?

In advance

Expert:

Anastasia!

Such a period is not established by law; however, the employer is responsible for the delay in issuing the work book. Firstly, for violation of the requirements of labor legislation, which require that on the last day of work the employee be issued his work book; secondly, directly to the employee - if the delay in issuing the work book was due to the fault of the employer, he will be forced to compensate the employee for lost earnings for the entire period of delay .

According to Article 140 of the Labor Code, Calculation Terms upon Dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

Expert:

I would like to note that the two-week period for working off is calculated on the date of writing the letter of resignation at one's own request. Therefore, on the 14th day from the date of writing the application, your spouse must be made a final payment and issued a work book (Part 5 of Article 80, Part 5 of Article 84.1 of the Labor Code of the Russian Federation).

Since your spouse has written consent to send the work book by mail, then after two weeks the employer is obliged to send the work book by mail.

When labeling piece-packed cheese, the weight must be indicated. In my case it is 250g. But such accuracy is impossible to achieve. Where can I find confirmation that a spread of +-5% is allowed?

Expert:

Lyudmila,

Where can I find confirmation that a spread of +-5% is allowed? Lyudmila

Metrological requirements for a batch of packaged goods in packages, including the maximum values of negative deviation of the net contents from the nominal quantity of the product are set out in the following document

"State system for ensuring the uniformity of measurements. Requirements for the quantity of packaged goods in packages of any type during their production, packaging, sale and import. GOST 8.579-2002" (introduced by Decree of the State Standard of the Russian Federation dated March 10, 2004 N 161-st)

base.consultant.ru/cons/cgi/online.cgi?req=doc;base=EXP;n=377397

How much does a work book weigh in grams? We send the work book to the dismissed employee by mail

Problem
I worked in an organization under a fixed-term employment contract until 12/31/15. From October 8th to February 25th I am on holiday for the BiR. On February 25, they sent a notice of termination of the contract on the 24th and asked permission to send the work book by mail. I sent my consent. Within what period should it be sent, and what will happen if these conditions are not met? And could the dismissal be formalized on the 24th?

Solution

Hello!

The Labor Code of the Russian Federation does not indicate this period in Article 84.1 of the Labor Code of the Russian Federation.

This period is not regulated by law. However, I believe that the employer is obliged to follow the requirements of Article 62 of the Labor Code of the Russian Federation, the period specified in this article.

Upon a written application from the employee, the employer is obliged, no later than three working days from the date of filing this application, to issue the employee a work book for the purpose of his compulsory social insurance (security), copies of documents related to work (copies of orders for employment, orders for transfers to another job , an order on dismissal from work; extracts from the work book; certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, the period of work with a given employer, etc.) Article 62 of the Labor Code of the Russian Federation.

And according to the date of dismissal, what dates are indicated in your bl, the end date of the bl according to the BiR, which is indicated. It was on this date that the urgent TD should have been terminated in accordance with Article 261 of the Labor Code of the Russian Federation, Article 79 of the Labor Code of the Russian Federation in accordance with clause 2 of Article 77 of the Labor Code of the Russian Federation.

Look at your bl for BiR to see what is indicated in it, i.e. You can only look at it now at the employer or at the Social Insurance Fund, where the employer submits the documents.

On March 15, they received a letter, I received a notification, but I did not make an inventory. There is still no work day today, April 20th. I have an email address for the accounting department, and there are no other contacts. I am asking for an email address. HR department mail but they don’t give it to me, they say they’ll write it themselves.

The corresponding response must be given to me no later than the next day after receipt of this application (letter), or no later than the next day after the notification of delivery of this application is returned to my address;
I ask you to consider my application and provide me with a decision on it within the time limits established by local regulations that determine the procedure for the passage and consideration of documents in the organization;
I ask you to consider my application and provide me with a decision on it within the time limits established by local regulations (hereinafter, LNA), which determine the procedure for the passage and consideration of documents in the organization. If the employer does not have this LNA, I ask you to consider my application within a reasonable time, but taking into account the deadlines specified in the Labor Code of the Russian Federation, taking into account Article 62 of the Labor Code of the Russian Federation - no later than three working days, or Article 64 of the Labor Code of the Russian Federation - no later than than within seven working days from the date of submission or receipt of this application.

Submit an Application to the employer stating that on March 15, 2016 you agreed to send documents and Labor Code Article 84.1 of the Labor Code of the Russian Federation to your address. As of the current date, April 20, 2016, the TC has not been received at your address.

And that you think that the employer is obliged to follow the deadlines established in Article 72 of the Labor Code of the Russian Federation no later than 3 working days after receiving your Application to them, you are obliged to send these documents and the Labor Code to your address, which was not done.

And what will you submit to the State Tax Inspectorate and the prosecutor’s office so that the employer will be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

And in court you will demand compensation for material damages under Article 234 of the Labor Code of the Russian Federation, your average daily earnings for each calendar day of non-issuance of the Labor Code, and compensation for moral damages under Article 237 of the Labor Code of the Russian Federation.

And indicate one of the options for considering this application of yours, which I indicated above.

You submit your application in the following ways (your choice):

- through the secretariat, human resources (personnel) department of the organization, so that on the second copy you are given an incoming number and a mark from an official about the acceptance of this application;

— by registered mail with registered receipt and a list of the contents;

- via courier service;

— by mail, fax or email (if you have an official email address).

Do you have any questions? Ask, the answer will follow immediately!

Allows the sending of a work book by mail only with the written consent of its owner. Typically, the question of sending this document arises in two situations:

The employee himself asked to send him a work book by writing a statement to the employer.
The personnel department did not give it to the employee on the last day of dismissal due to the latter’s absence.

In accordance with the norms of the Labor Code of the Russian Federation, in the first case, the employer is simply obliged to send a document upon request. And in the second, he will be able to organize the shipment only after receiving the employee’s written consent. It is prohibited to hand over the employment record together with the personal file of the dismissed person immediately for storage.

The process of sending a document by mail is carried out in accordance with the procedure established by law. For failure to comply with the prescribed requirements, the employer is held administratively liable. The punishment is determined by:

Code of Administrative Offenses, Part 1, Art. 5.27 under Art. 234 of the Labor Code of the Russian Federation (for failure to issue a document within the prescribed period).
Code of Administrative Offenses of the Russian Federation, Part 1, Art. 5.27 under Art. 84.1 of the Labor Code of the Russian Federation (for sending a personal document by mail without the written consent of the dismissed person).

For information, with the employee’s verbal permission, the employer does not have the right to send a work book by mail.