A document called “ Certificate of Employment ” may be needed in a variety of cases. Very often, the employee needs it to present it to government organizations, social security authorities, banking and credit institutions, etc. The certificate is confirmatory in nature and may contain information about the employee’s salary, position, length of service and work experience, etc.
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What do you need to obtain a certificate from your place of work?
At some enterprises, in order to obtain the necessary certificate from an employee, no documents are required - it is enough to contact the immediate supervisor or a representative of another structural unit with an oral request. But this is not always the case: in most, especially large companies, the employee is required to provide a written request or application for a certificate, in which he must indicate the purpose of obtaining the document and also what information needs confirmation.
But it should be noted that the law gives the employee the right not to inform the employer about where exactly the certificate is required and for what reason.
To whom and why is it issued?
Reference documents are prepared by the employer at the request of employees. Employees provide a document signed by the manager upon request:
- department of social protection of the population;
- Pension Fund;
- visa center, embassy, consulate;
- judicial authorities;
- other authorities.
The purpose of creating a register is to confirm that a specific employee works in the organization, to indicate his position and period of employment.
The content of the reference letter depends on the organization that requested it. The basic form indicates the full name, position and period worked by the employee. But the monthly salary must be certified in the reference paper for the court or visa center. Visa centers, embassies and consulates ask you to additionally indicate the length of service and confirm that the employee is on vacation.
IMPORTANT!
The employer is obliged to issue a reference paper within three working days after receiving the application from the employee (Article 62 of the Labor Code of the Russian Federation).
Does an employer have the right to refuse to issue a certificate?
By law, an employee has the right to receive any information from his employer regarding his work activities for subsequent presentation at the place of request. It can be issued in the form of a copy, an extract from an internal company document, or a certificate.
The period between the application requesting a certificate and its receipt should not exceed three days.
If the company refuses to issue the required paper for any reason, the employee has the right to go to court.
How to compose correctly
There is no uniform requirement for drawing up certificates at the place of request. Sometimes they are issued according to a special reporting form, for example 2-NDFL. This form is sometimes an attachment to verifiable job information. The form of the 2-NDFL form and the procedure for filling it out were approved by Order of the Federal Tax Service of Russia dated October 2, 2018 No. ММВ-7-11/ [email protected]
Any such form can be drawn up in free form.
In practice, many enterprises (organizations) approve a certain universal form for the most frequently performed requests. Sometimes templates are registered in the Accounting Policy.
The form must contain the following information:
- name of the organization (enterprise) that issued the document;
- Date of preparation;
- confirmed information about the employee;
- signature of the responsible person;
- the note “the certificate was issued for presentation at the place of request.”
A note may be made regarding the attached documents. In this case, a special item with a list of them is used.
A sample “certificate given at the place of request” is given below.
Who issues the certificate
Typically, the certificate is issued by the head of the department whose jurisdiction includes the requested information. If an employee needs a certificate about his profession or position, then he must contact the personnel department, if about wages - accordingly, to the accounting department, etc. But if the head of a structural unit can directly prepare the certificate, then it must be certified by the director of the company or a person authorized to sign such documents.
Popular certificate forms
There are standard certificates, for example, a salary certificate - form 2-NDFL. It contains information about the employee's source of income, his salary and taxes withheld. Issued by the employer for a certain period (usually a year).
The form of the certificate for the calculation of temporary disability benefits by the future employer was approved by Order of the Ministry of Labor of the Russian Federation dated April 30, 2013 No. 182n. Contains information about:
- on the amount of salary for the two calendar years preceding dismissal and the current year for which insurance premiums were calculated;
- how many calendar days of the specified period fell during periods of temporary disability, maternity leave, child care, release from work with full or partial retention of wages, if insurance contributions to the Social Insurance Fund were not accrued on the retained wages for this period.
The employer must issue such a certificate on the day the employee is dismissed, otherwise the employee has the right to apply for it later.
regarding average earnings for the last three months if the employee decides to register with the employment service.
Important! There is a recommended form for such a certificate in Letter of the Ministry of Labor of the Russian Federation dated August 15, 2016 No. 16-5/B-421. |
You can draw up a certificate in any form; only the details of the enterprise and information about average earnings for the specified period are required.
To obtain the right to a pension you will also need certificates from work:
- in the form of SZV-experience, approved by Resolution of the Board of the Pension Fund of the Russian Federation dated January 11, 2017 No. 3p;
- in the SZV-M form - by Resolution of the Board of the Pension Fund of the Russian Federation dated 01.02.2016 No. 83p;
- completed third section of personalized information for calculating insurance premiums - the calculation form is approved by Order of the Federal Tax Service of the Russian Federation dated October 10, 2016 No. ММВ-7-11/ [email protected]
When is a certificate of employment issued for a visa ? This document is required by the embassy; it certifies the reliability and solvency of the tourist.
Not only the listed types of certificates are required to be issued by the employer.
Example When applying for child care benefits, you will need a certificate from the second parent that he does not receive similar compensation at his job. |
When providing additional days off while caring for a disabled child, a certificate from the other parent’s work is also provided stating that he did not take advantage of this right.
Some types of certificates are directly regulated by the Labor Code. For example, Art. 283 requires the provision of a certificate about the nature and conditions of work at the main place of work when applying to another organization on a part-time basis.
Let us remind you that combination is prohibited if the main work involves harmful or dangerous conditions. |
An employee may request information about the approved vacation schedule in the main organization in order to receive vacation from a part-time job.
Important! Art. 286 of the Labor Code states that annual paid leave in the place of combination is provided simultaneously with leave for the main job. |
Also, a new employer may ask to bring a reference from the new employee’s place of work.
This is an incomplete list of what a work certificate may be required for and what information it may contain. Currently, the employer prepares and issues many certificates on the day of dismissal without the employee’s application.
Rules for preparing a certificate
There is no single, unified, mandatory sample of a certificate of employment. Enterprises and organizations have the right to write it in free form or use a template developed within the company (however, such templates must be registered in its accounting policies). Regardless of which option the company chooses, the certificate must contain a number of necessary data :
- Name of the organization,
- date of compilation,
- information that needs to be confirmed
- signature of the company director.
It is not necessary to put a stamp on the document, since since 2016 legal entities have been exempted from the obligation to certify their papers with seals and stamps (however, in this case it is advisable to include the organization’s details (address and telephone number) in the document, otherwise the certificate may simply not be issued accept where it is provided).
The certificate must contain only relevant and reliable information; entering into it knowingly false or unreliable information can lead to administrative punishment for organizations and officials in the form of a large fine.
If any documents or copies thereof are attached to the certificate, then information about this should also be recorded in the certificate itself in the form of a separate paragraph about the attached documentation.
Sample
This is a sample employment certificate from an employer - use the template in your work:
Name of company REFERENCE ____________ № __________ Given ____________________________ (Last name of I.O.) is that he (she) actually works in ____________________________ (name of organization) in the position of _____________________ (name of position). The certificate is given for submission to _______________________________ (name of the place of provision). Name of the employer's position ___________________ Last name I.O. |
This is what a reference document for an employee looks like:
And this is an example of confirmation for the court:
Rules for issuing a certificate
The certificate can be written either by hand or in printed form, either on a standard A4 sheet or on the company’s letterhead (the latter option is convenient because it contains details). The certificate can be issued in as many copies as required, and each of them must be properly certified.
Upon receipt of the certificate, the employee must carefully check it and, if any errors are found, request the issuance of a new document - the solution to many important issues, as a rule, depends on the content of the certificate, so inaccuracies, corrections and blots in them are unacceptable.
Sometimes enterprises ask the employee to confirm receipt of the certificate by signing in the internal document log.
When an individual entrepreneur draws up for himself
A person registered as an individual entrepreneur is classified by government agencies as an ordinary citizen. And the requirements for a document issued by an individual entrepreneur for himself are the same. The only difference is that both the employer and the employee to whom it is issued are the same person.
To confirm income to government agencies, a tax return for the previous year is generally sufficient for individual entrepreneurs. But, if businessmen work under a “patent” or under an imputed system, this is impossible, since they do not file a tax return. In this case, you will need a document compiled in a free style. Be sure to report income for a certain period. Typically, indicators are presented in table form.
To justify professional employment, the businessman himself draws up a document and signs it himself. But in addition you will have to provide an extract from the Unified State Register of Individual Entrepreneurs and OGRN, an income statement with a mark of acceptance by the tax authority.
Sample
To understand how to correctly draw up a document, read the completed salary certificate form for individual entrepreneurs.
The validity period of such paper depends on the data it contains. If we are talking about income, then usually government agencies require it to be drawn up no earlier than a month before submission. If its purpose is to confirm a place of work, then it is valid for no more than two weeks. This must be kept in mind when preparing documents.
Sample certificate of employment
- First, indicate the full name of the company, just below its actual address and telephone number.
- Next, put the date the document was compiled, then in the middle the word “Certificate” and its number according to the organization’s internal document flow.
- Then comes the actual necessary information: here you must completely enter the last name, first name, and patronymic of the employee for whom the certificate is intended, as well as certify the necessary facts.
- After this, if the employee has named the recipient of receipt, you can indicate to whom the certificate will be presented.
- At the bottom, the document must be signed by either the director of the company or his authorized representative (indicating the position and a transcript of the signature).
Help for obtaining a visa
Embassies of most countries require that the certificate indicate the duration of work in this organization, the amount of wages and a guarantee of job security for the period of the trip.
The form must contain:
- Company details,
- date of signing,
- outgoing document number,
- length of service in the organization indicating the number and date of the employment contract,
- monthly salary,
- information about vacation during the trip,
- guarantee of job security.
Often it is accompanied by Form 2-NDFL, which confirms income.