On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him (Part 4 of Article 84.1 of the Labor Code of the Russian Federation). But this norm is not always observed. The legal procedure for the employer’s actions is established by part six of Article 84.1 of the Labor Code of the Russian Federation. Namely: “in the event that 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.” Please note: “from the date of sending the specified notice, the employer is released from liability for the delay in issuing the work book.” What kind of responsibility are we talking about?
As is known, violation of the labor rights of employees is generally punishable under Article 5.27 (Part 1) of the Labor Code of the Russian Federation. But the adverse consequences for the employer do not end there. Based on Article 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of the employer’s delay in issuing a work book to the employee. In addition, on the basis of Article 237 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for moral damage caused by unlawful actions or inaction.
Let's figure out whether withholding a work book deprives you of the opportunity to work and what kind of lost earnings we are talking about.
General rules on work books
Any employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for everyone who has worked for him for more than five days in the case where work for this employer is the main one for the employee.
