Why write a statement?
The work book is a strictly recording document, therefore certain norms and rules have been developed in relation to it, including those regarding maintenance and storage.
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After an employee is hired, he submits his work record book to the company’s human resources department. Here all the necessary information is entered into it and here it is part of the employee’s personal file and is stored until his dismissal. Responsibility for its contents and safety usually lies with a specialist in the personnel department, who has no right to either make any “extra” entries into it or hand it over to anyone, even the owner. If the latter needs to provide information from it to any authority, the personnel officer must make a copy or extract from the work book. But the trigger for starting this process is a written statement from the employee.
How long does it take to process an application for work-related documents?
When an employer receives an application from an employee, he has no right to leave the application unanswered. The organizational and legal form of the legal entity does not matter. An individual entrepreneur, a budgetary organization, a government agency, a closed joint-stock company, an LLC - they all must comply with labor legislation.
Please note! Documents, after being certified by the organization’s seal and the signature of an authorized person, are transferred within three (working) days.
Only documents requested by the employee are provided, so a written statement is drawn up. It is better to submit it to the office or under the signature of the boss or other authorized person (assistant, secretary, HR department employee).
Where may you need a copy of your work record?
You may need a copy of your work record anywhere. In most cases, these are government agencies, for example, various administrative and social services (for assigning benefits, allowances, subsidies), as well as banking institutions (for obtaining loans and credits).
In fact, the list of addresses at which it may be necessary to present a copy of the work book is quite wide, but cases are not excluded when the work book is lost (lost) for some reason, and then this copy can also serve as an excellent service - on its basis you can make a duplicate, sequentially restoring all the necessary records.
A copy of the employment record may also be required when applying for a second job (i.e. part-time).
How does certification take place?
The employee must immediately clearly understand what exactly he wants to receive - a simple copy or a certified one: in accordance with this, he reflects his request in the application for issue. If we are talking about a certified document, this means that certification occurs when there are several marks on each page at the same time:
- signature of an authorized employee (usually a director);
- his surname and initials;
- his position (full name);
- visa “copy is correct”;
- blue company seal.
On the very last page you should make a note stating that the employee is still on the company’s staff to this day. The exact number of all copied pages is also indicated. The calculation is made not on paper sheets, but precisely on the pages of the work itself, which were copied.
NOTE. Many organizations, especially banks, have very strict requirements for them. So, the stamp should be placed exactly on the copied field (and not in the empty fields of the paper). And if it is made without a title page, then the document is also considered invalid.
Typically, the copy consists of several pages, so it will be better if they are stapled and numbered. It is also better to put a stamp on the firmware.
Drawing up an application
There is no unified, uniform sample application for issuing a copy of the work book, so the employee can write it in free form or in a form developed at the enterprise. Applications must include a number of required information:
- information about the company where the person works,
- position and full name of the employee in whose name it is written,
- request for a copy,
- date,
- compiler's signature.
If desired, you can indicate the reason why a copy was required, as well as the authority to which the document is required to be presented, but if there is no such desire, then, by law, the employee is not obliged to write this.
Application consideration period
By law, this application should be considered no more than three days. At the same time, the employee can indicate a shorter period, but in this case the date for issuing the copy will depend only on the efficiency of the employer - the law does not oblige him to strictly follow the employee’s requirement for the period for issuing a copy of the work book. In case of particularly urgent need, the application should indicate a sufficiently compelling and valid reason with supporting documents attached.
Does the employer have the right to refuse to issue a copy?
If an employee requires any information from the work record, issued in the form of an extract or copy, the employer does not have the right to refuse this request.
According to the law, a work book is the property of the employee, which is kept by the employer for the period of validity of the employment contract. If you do not issue an extract or a copy, this will become a violation of the employee’s rights, upon which he has the right to complain to the labor inspectorate, which, in turn, will issue an order to eliminate the violation and subject the employer to administrative punishment.
Issuance of other documents upon request of the employee
An employee, regardless of whether he resigns or applies after leaving the organization, has the right to request copies of the documents he needs or extracts from them, which indicate information about him.
If the document contains information only about this employee, it is copied and transmitted upon request. If the document contains not only data about this employee, but also about other employees of the organization, only an extract is made.
One of the documents that an employer is obliged to issue to an employee upon his request is a dismissal order.
Employees often request the following documents:
- orders on their hiring, on their dismissal from position, transfer (to another position in another division of the organization);
- salary certificates for various periods;
- orders when changing wage payments (copies);
- extracts made from reports sent to the Pension Fund of the Russian Federation or the Social Insurance Fund.
When a person resigns, it is better to take care in advance of all the documents necessary in the future: confirming the fact of work, career advancement, the amount of accrued wages, taxes paid and deductions.
All this will be necessary to apply for a pension if the available personalized accounting data is incomplete.
There are also important documents that will be needed when applying for a pension - they certify the insurance (work) experience. We are talking about archival certificates: about employment and wages.
But no one guarantees that the archives store all the necessary data on employers who ceased their activities a long time ago.
Attention! The employer is not obliged to issue a recommendation to the employee upon dismissal. The law does not provide for this.
The employer himself can reflect such conditions in the employment agreement, but this does not apply to his responsibilities.
However, even if there is no such clause in the contract, there is still a solution - to come to an agreement. Even if the head of the organization does not want to give any recommendations (for example, he is offended by the employee because of his decision to leave his position), then the immediate boss or the person replacing the manager (supervisor) can take the appropriate step.
The main point is that the one who recommends an employee must leave his personal data on the document (not corporate). This is due to the fact that if the recommender changes his place of work, it will not be possible to contact him.
The organization where the recommendation will be presented will not be able to contact the right person and confirm the recommendation, which will not be beneficial for the employee applying for a job.
Sample application for issuing a copy of a work record book
From the point of view of office work, this statement has a completely normal structure.
- At the beginning of the document on the left or right (it doesn’t matter) the addressee is indicated:
- full name of the organization indicating its legal status (IP, OJSC, LLC, CJSC),
- job title,
- last name, first name and patronymic name of the manager (or other person responsible for issuing copies of work books).
- Next, enter the position and last name, first name and patronymic of the applicant.
- Below is written the date of the application and the locality in which the company is registered.
- After this, the word “statement” is indicated in the middle of the line and a period is put.
- Next comes the actual text of the request for a copy of the work book. Here you can (but not necessarily) indicate the reason and refer to the letter of the law, which clearly states the employee’s right to receive copies of his personal documents from the employer.
- Finally, the document must be signed and the signature decrypted.
How to certify a copy of an extract
In some cases, it is required to provide an extract from the work record book. When you need to provide data relating only to individual records or periods. In this case, you need to copy the first cover page with personal data and those sheets where the necessary records are located.
The extract is certified in the same way as a full copy: a stamp, signature of the responsible person, transcript of the signature, position and date of certification are affixed.
To obtain an extract, you need to contact the HR department or another authorized person (accountant, head of the organization) with an oral appeal or a written statement addressed to the head of the enterprise or the head of the HR department.
Delivery of the original
The original is issued in exceptional cases and only against a written receipt. As a rule, such a need arises in the following situations:
- registration of certain social benefits;
- registration of an old-age pension (when an employee wishes to continue his official work activity);
- obtaining a foreign passport, as well as a visa to visit certain countries for work purposes;
- when applying for a bank loan for a large amount (several million or tens of millions of rubles).
The procedure for writing an application, as well as the period for issuing the book in this case, is approximately the same. The employee indicates his request, and within 3 working days, by agreement with the employer, the document is issued. However, there are several significant differences:
- The employee must indicate the reason that prompted him to request the original document.
- If possible, the employee attaches originals or copies of documents that prove the objective need to issue the original.
- The employee must indicate the maximum period for returning the book.
- Finally, the employee must draw up a written receipt, which reflects the fact that the document was issued, as well as the obligation to return it strictly before the deadline. The document is drawn up in 2 copies, and when the book is returned to the employer, both receipts are destroyed.
Thus, in the case of an application for issuance, it is written in accordance with the sample approved by the company. It is important to check that all marks are on the document, especially in cases when it comes to submitting it to the bank.
Requesting documents from the employer
Posted On 11/16/2017
In a situation of conflict with the employer, it often becomes necessary to submit an application for work-related documents. What kind of documents are these, how to draw up a document and achieve results - we will tell you.
Work-related documents must be submitted when filing employment claims. These are cases about reinstatement at work, about the recovery of wages, about establishing the fact of work. The need to present such documents may also arise outside of court proceedings. To the bank, to obtain a visa, power of attorney from a legal entity, etc.
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Application for documents related to work (17.0 KiB, 654 hits)