Power of attorney in personnel records management: what actions are provided?

If the dismissed employee himself cannot obtain a work book, then another person can do this for him, but only with a power of attorney certified by a notary. If the power of attorney is ordinary, not notarized, then it is better not to issue a labor power of attorney based on it. According to civil law, a simplified power of attorney is allowed when issuing funds and correspondence. The exception is valuable correspondence. For these purposes, a power of attorney can be certified by the employer at the place of work of the person who issued the power of attorney (185.1 of the Civil Code of the Russian Federation). In the article we will consider the procedure by which a work book is issued by proxy.

Power of attorney to obtain a work record book

A power of attorney to obtain a work record book is understood as a document by which one person delegates his right to another. According to the requirements of labor legislation (84.1 of the Labor Code of the Russian Federation), in the event of dismissal of an employee, the employer is obliged to make a full settlement with him, as well as issue a work book. However, this is not always possible. For example, a resigned employee may not show up for work that day due to illness, or be at a remote site, or simply ignore the need to get a book from the HR department. When such situations arise, the employee who quit independently looks for ways to solve the problem and asks his employer a question about the possibility of obtaining a work book by another person by proxy (

Work book: document characteristics

Since the document is recognized as mandatory at the federal level, its form is unified. Article 66 of the Labor Code of the Russian Federation speaks about this, and the actual appearance, names of lines and columns inside and other substantive aspects are regulated by the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. The main points of the work book are:

• Last name, first name and patronymic of the employee.
• His date and place of birth, education, acquired profession and specialty.
• Sample of a person's signature.
• Information about all official employment, indicating the dates and reasons for admission, transfers, dismissals, as well as relevant organizational documents of the companies.
• Information about awards (or incentives) in accordance with the Labor Code of the Russian Federation, indicating dates. Penalties imposed on a specialist are not reflected in the document, except in cases where such is dismissal.

It is important to know! Production is also not spontaneous or handicraft: the Goznak association of enterprises is recognized as a kind of monopolist in this area, and detailed requirements for the production of the cover and insert form are set out in the order of the Ministry of Finance dated December 22, 2003 No. 117n.

The document in question is issued by the organization that hired the citizen for the first time in his life, within a week, but at the expense of the new employee. Next, the book is passed on to new bosses, collecting more and more information about its owner. In this case, any notes are made by representatives of the organization (as a rule, employees of the personnel service or department), and the specialist himself only familiarizes himself with them in the prescribed manner. Literally every entry is strictly regulated by the above-mentioned act of the Government of the Russian Federation, which makes it possible to maintain uniformity of completion throughout the country.

The document is intended to collect the most detailed information about a person’s labor achievements, experience and length of service. This, on the one hand, guarantees compliance with the rights of the employer, eliminating the possibility of deception regarding a new employee, and, on the other hand, provides the employee with the opportunity to officially confirm his words.

The legislative framework

Labor legislation does not directly contain requirements on the issue under consideration. In accordance with Art. 84.1 of the Labor Code of the Russian Federation, if an employee did not receive a work book on the day of dismissal for any reason, then the employee is sent a notice of the need to appear for this document, or to agree to send the book by mail. According to this norm, the recipient of the work must only be the owner himself, and the transfer of the work to another person, even if he has the appropriate authority, is not allowed. But there is no direct prohibition on issuing a book to another person by proxy. In accordance with Article 185 of the Civil Code of the Russian Federation, one person can issue another a document to represent interests. Thus, specialists, answering the question about the possibility of issuing a work book by proxy, give a positive answer. But only on the condition that this power of attorney is properly executed.

Important! While the employee is working under an employment contract, the work book is kept by the employer. According to the labor code, it must be issued to the employee only on the day of dismissal. But if on the day of dismissal the employee did not receive his book, then from the next day the norms of Civil Legislation come into force. This means that in accordance with the Civil Code of the Russian Federation, an employee can entrust the receipt of his work to another person (for example, a relative, but not necessarily). But the power of attorney in this case must be notarized.

Can someone else get it?

Of course, a work book is an important document for which a company employee is appointed as the responsible person. Every employer is required to adhere to the rules for maintaining and storing such books. Upon dismissal, the employee must ensure that all necessary entries are made here. To confirm this, he signs an autograph in a special magazine.

It is understood that the dismissed employee himself comes to the accounting department to obtain a work book. The question of whether a trusted person can receive this document arises for many people. It must be said that the legislation does not clearly indicate that an employee can appoint a representative to receive it. But at the same time, it is not stated anywhere that it is prohibited to assign these responsibilities to anyone. In other words, we can say that if it is not prohibited, then it is permitted. Thus, a dismissed employee can entrust receiving the book to someone else. To do this, it is enough to draw up a trust document, adhering to the standard requirements.

Practice shows that some employers are not ready to give the work book to a third party by proxy. They explain this by the fact that the legislation does not clearly describe this procedure. In this case, the dismissed employee can request that the work report be sent by postal order.

( Video : “Everything about drawing up a power of attorney”)

Rules for issuing a work book

In accordance with Art. 84.1 of the Labor Code of the Russian Federation “General procedure for formalizing the termination of an employment contract” and clause 36 of the “Rules for maintaining and storing work books, producing work record forms and providing them to employers”, the manager is obliged to return the documents to the employee upon dismissal on the last day of his work. But there are often situations when an employee cannot be present at the workplace on that day.

In this case, the manager is obliged to notify the employee using a registered letter of the need to appear for the document or agree to send it by mail. These actions will help the employer avoid punishment for delay in issuance.

Circumstances in life may be different. An employee may not be able to report to the HR department due to health problems or due to leaving for another city.

The Labor Code of the Russian Federation provides for the possibility of issuing it to other people, but with the condition that they prove the existence of family ties with the dismissed employee. This can be done using a passport and documents issued by the registry office (for example, a marriage certificate).

There may be cases when relatives cannot help a citizen, and he has to turn to friends or colleagues to receive it. Can they get another person's form from their employer? Yes it is possible.

In all these cases, a power of attorney will be required to obtain a work book.

We are writing a power of attorney

It is not prohibited to draw up a power of attorney by hand. But, as a rule, the notary already has ready-made forms. The document has a standard structure:

• name of the paper;
• place of creation;
• date of creation (must be indicated in words);
• passport details, date of birth and place of registration of the principal and authorized representative;
• the essence of the action to which authority is transferred;
• additional actions that a citizen can carry out by proxy;
• validity period of the paper (if one is not indicated, then the document is valid for a year from the date of certification (Article 186 of the Civil Code of the Russian Federation));
• signatures of both persons.

After the power of attorney is formed and all signatures are placed, it is certified by the notary with his signature and seal. Next, he enters the document number into a special register. From this time the power of attorney begins to “work”.

The procedure for issuing a power of attorney for issuing a work book

Proper execution of a power of attorney for the issuance of a work book assumes that it is notarized. In this case, you will need to pay for notary services. As a rule, certification of a power of attorney costs a person no more than 1,000 rubles.

The power of attorney for obtaining employment must contain the following information:

• information about the authorized person (full name, passport details, residence address, as well as other information identifying the authorized person);
• information about the person instructing the trusted citizen to obtain a work book;
• date and validity period of the power of attorney (if the power of attorney does not indicate the date of execution, then it is invalid).

Important! It is impossible to issue a work book by power of attorney that does not contain the date of completion or has expired. Such a power of attorney is invalid.

Legal aspects

Since this situation is not described by specialized labor legislation, you should refer to the Civil Code of the Russian Federation. Thus, Article 185 establishes the basic rules for drawing up a power of attorney, which grants the right to one person to act in the interests and on behalf of another.

It is known that there is a special form of the document in question - notarial. According to Article 185.1 of the Civil Code of the Russian Federation, this type should be used only in transactions (concluding contracts, performing other civil acts), in accordance with the law, requiring a notarial form, state registration of any rights or disposal of such rights. Therefore, to obtain a work book, no special identification document is required.

Advice! When drawing up a power of attorney, you should carefully read Articles 186-189 of the Civil Code of the Russian Federation, which speak about the duration of the agreement, the so-called “sub-trust”, the grounds and consequences of termination.

Issuance of a work book in the event of the death of an employee

Important! The issuance of a work book to a relative of a dismissed employee is provided for by current legislation only in one case - if the employee has died (clause 43 of the Rules for maintaining and storing labor records). In other cases, the issuance of a work book to other persons, including relatives of the employee, is not permitted.

If an employee dies, a corresponding entry is made in the work book. After this, the document is issued to one of the relatives of the deceased against receipt. Also, the book can be sent to relatives by mail in accordance with the request of one of them in writing.

When must it be issued upon dismissal?

The manager or personnel officer is required to hand over the employment record on the day the relationship is terminated (clause 36 of the Rules for maintaining and storing employment records).

If it is impossible to perform these actions for the reasons described above, the employer independently notifies the dismissed person in writing that he must independently come for the work permit or give written permission to send the document by mail.

The employer may be guided by the transferred power of attorney.

For example, employee Silaev A.E. worked at Veter LLC as a system administrator. Having resigned by agreement of the parties, he immediately left for permanent residence in another country. The move was hasty, and therefore he did not have time to pick up his documents in a timely manner. A trusted person can do this for him.

After the termination of the relationship between the employer and the dismissed person, civil law rules apply.

Methods for obtaining a work book by an employee after dismissal

If an employee was unable to receive his work book on the day of his dismissal, there are several ways to resolve this issue:

Power of attorney or receipt?

Disputes often arise: will the work record be handed over if the power of attorney is not certified by a notary, and also on the topic of whether the work record book will be handed over on receipt. It is difficult to answer this question unequivocally; it all depends on the position of the employer. Since this procedure is not described by the TC. Moreover, if a personal document is transferred to third parties or lost, or possibly used for personal gain, the employer may be severely punished and fined.

In some cases, the employer may make concessions to his former employee, and if you contact HR in advance and explain that you cannot come to receive the document and are asking your friend. Consult whether a receipt written in your own hand is enough to receive the document or whether you need to issue a power of attorney to receive documents for this person.

In some cases, a receipt will be sufficient, but if the company is large, it will most likely be necessary to draw up a power of attorney. But since the right to issue a work book to a trusted person is not enshrined in law, HR department employees have the right to refuse you. In this case, you will need to write consent to send the work record by mail, or go to the HR department in person and pick up the work book. Since the work record must be kept in the employee’s organization for 50 years, if he did not take his time, it can be taken back by you later, of course, if you do not get a new job. After all, you will need a work book for a new job.

Answers to common questions

Question: What to do if an employee refuses to receive a work book upon dismissal and does not come to get it himself, but sends only his representative with a simple power of attorney, and refuses to issue a notarized power of attorney? How long should the employer keep this book?

Answer: In this situation, it is impossible to issue a work permit to the representative. The only way out in this situation is to send the work report by mail. But this cannot be done without the prior consent of the employee. Only after the employee agrees in writing to have the work report sent to him by mail, can it be sent. Otherwise, the book must be kept by the employer “on demand.” A work book unclaimed by a dismissed employee must be kept by the organization for 75 years.

Question: For how long is a power of attorney issued to obtain a work book?

Answer: The term of such a power of attorney should not exceed three years. But if the document does not indicate a specific validity period, then it is considered to be valid for one year.

Registration of a power of attorney

There are no special requirements here. Standard design should not cause any difficulties. When drafting a document, you need to remember the important information that should be present here. For example, this is detailed information about both the principal and the attorney. When preparing, you must adhere to the standard structure for such documents. Conventionally, filling out a power of attorney can be divided into three parts: “heading”, main part, completion.

As for the information entered, it must be reliable. If you make some mistake, for example, in the name of the representative, then he will not be able to use this document. In this case, a completely different person will be considered a representative. Here you need to indicate the date of registration. Without it, the document is considered void. The same applies to powers of attorney that do not contain the autograph of the principal.

Of course, no one forbids drawing up a power of attorney at a notary office. But this condition is not mandatory. The resigning employee can draw up a power of attorney in writing by hand. You can use a free form here.

Contents of the power of attorney

The title of the document should appear at the top of the document. This also includes information about when and where the power of attorney was issued. Next comes the main part, which includes the following points:

• passport details of the party who issues the power of attorney;
• detailed information about the person who will represent the interests of the principal;
• the essence of the document. Here it should be written that the representative is allowed to take away the work book;
• validity period of the document. Although, in his absence, the attorney will be able to use the power of attorney for one year;
• powers of the representative. If we are talking about obtaining a work book, then the power of attorney can indicate that the representative has the right to sign related documents and perform some other actions;
• signatures of the responsible parties.

If the principal believes that the document should contain some additional information regarding this transaction, this can also be indicated. In general, the more information provided in the document, the fewer questions the employer will have. As for affixing signatures, the principal’s autograph is mandatory. Without the signature of the authorized person, the document will still be considered valid.

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The indispensable role of a notary

After dismissal, the relationship between the employee and the employer, from the point of view of legislation, changes and moves into the field of civil law. But this area does not affect the concept of “work book”. It would seem like a dead end. No. The work record book acquires the status of personal belongings remaining with the former employer. The employer, in turn, guided by the legislation on business activities, stores all things in the form of documents of former and current employees for 50 years. And, returning to civil law relations, the former employee can withdraw his documents at any time. And for this purpose, the law provides for the use of a power of attorney. However, special forms have not been developed. The legislator has no time for this. But the working masses have lawyers, personnel officers, but most reliable of all, notaries.

Here you can not only see a sample from a notary, but also issue a power of attorney to receive a work book.

A visit to a notary is possible if a person knows for sure that he will not be at work on the day of dismissal or for a long time after dismissal. In the event of an emergency admission to the hospital, when it is impossible to foresee either the illness or, possibly, the dismissal associated with it, then you need to contact the chief doctor. The legislator took care of this and gave the chief doctors of hospitals the right to certify documents. Including powers of attorney to obtain a work record book. But the chief physician will not draw up this power of attorney. His job is only to assure. In this situation, you need a sample power of attorney.