Power of attorney to receive salary. Sample 2021-2022

The role of the power of attorney

Any work must be paid, and the worker can receive payment either personally in the company’s accounting department, or by transferring earnings to a personal salary card. The second option has recently become the most popular. This is due to its convenience: it does not require any extra effort on the part of the employee, everything happens automatically.

However, sometimes, for some reason, such methods of paying wages are impossible. For such cases, the law provides for the possibility of receiving wages through an authorized person presenting a written power of attorney.

Does an employer have the right to refuse to receive a salary by proxy?

According to the law, if a power of attorney is drawn up in accordance with all the rules, endorsed by a notary and presented on time, the employer does not have the right to refuse to pay wages to its bearer.

The only condition: simultaneously with the power of attorney, the employee’s representative must provide the cashier with his passport (or other document proving his identity).

When checking a power of attorney, the employer's representative must check all the data from it with the information from the proxy's passport in the most careful manner. You should also pay close attention to the signature of the principal himself: it must be certified by the head of the personnel department or another employee of the enterprise who has a document at his disposal that allows him to compare signatures.

It would be good if, before sending his representative to collect his salary, the employee of the enterprise finds the opportunity to warn the employer that he will not be able to personally receive the money he earned. This will avoid misunderstandings and unnecessary suspicions.

Registration procedure

How to write a power of attorney to receive a salary? The document must contain the following information:

Date of execution and name of the locality where the power of attorney was executed.
Full name, position, residential address, date of birth and passport details of the principal and representative.
Duration of the power of attorney. If it is not specified, the validity period is automatically set to 1 year from the date of issue.
List of powers. At the discretion of the principal, funds can be received only once for a specific period or received during a certain period (for example, while an employee of the organization is undergoing treatment in a hospital). If the amount of the salary to be received is known in advance, it can be indicated in the text.
Information about the employer from whose cash desk you need to receive money.
Signatures of the principal and his representative.
Information about the right of subrogation.
Information about the person who certified the power of attorney.

At the same time, you can instruct a trusted person to receive other payments due (bonus payments, compensation, benefits, etc.). The power of attorney acquires legal force immediately after signing. But without indicating the date of issue, it is considered invalid.

The document should not contain errors, abbreviations, inaccuracies or corrections. If a mistake was made when writing, you must issue a power of attorney on a new form. The use of facsimile signatures is prohibited. If the document is executed and certified properly, the bearer does not have the right to refuse to issue cash from the cash register.

The sample power of attorney to receive a salary presented on our website can be taken as a basis when drawing up a similar document.

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

For whom can a power of attorney be drawn up to receive wages?

A power of attorney can be issued to any legally capable person who has reached the age of majority and has a passport as a citizen of the Russian Federation. This could be a relative, work colleague or any other close person to whom the trustor can confidently entrust receiving the money earned.

From the moment the money is issued to the bearer of the power of attorney, responsibility for the safety of the funds, right up to their transfer to the principal, passes to him.

It should be noted that some powers of attorney can be drawn up with the right of substitution (only they must be certified by a notary), but in relation to this type of document it is better not to resort to the right of substitution.

Basic rules when drawing up a power of attorney

Today there is no single correct, unified power of attorney template, so employees of enterprises and organizations can write it in any form. The only thing that must be taken into account is that the structure of the power of attorney complies with the norms for writing this type of paper from the point of view of office work and the rules of the Russian language.

In addition, there are a number of requirements that the document must meet in terms of content. It should include:

personal information about the employee: his position, last name, first name and patronymic, name, address of the organization and structural unit in which he works, as well as passport data (series, number, place and date of issue);
information about the authorized person: his full name, again passport details and the date of execution of the document (without it it will not acquire legal force);
the period during which the power of attorney will be considered valid;
a complete and most detailed list of all rights and powers of the principal’s representative, including receiving wages and the right to sign statements and other payment documents. If the amount to be received by the principal’s representative is known, it must be indicated in the document in numbers and words.

No inaccuracies or errors are allowed in the text of the power of attorney. If any such errors occur during the preparation of the document, they do not need to be corrected; a new form should be drawn up. Abbreviating words and entering abbreviations in the text of the document is also prohibited.

The document is drawn up in a single copy and after presentation to the organization’s cash desk, the cashier must put a note in the payroll statement that the salary was issued by proxy.

Issuance of wages in cash from the cash register by proxy

Most companies issue salaries on cards. In this case, problems with the payment of wages, as a rule, do not arise; the presence of the employee is not necessary.

If wages are paid in cash from the cash register, the employee must sign the payment documents. The employee or his representative by proxy must be present in person. Not only a relative can be a trusted person. This can be any person whom the employee trusts to receive his wages.

The power of attorney must indicate:

Information about the employee (principal) and the authorized person with passport data.
The date of preparation and validity period of the power of attorney.
List of powers granted to the authorized person.
Signatures of the principal and the authorized representative.

Notarized confirmation is not required. The power of attorney can be certified at the place of work.

When issuing wages, the accountant must comply with the procedure established by law. In the pay slip (cash order), before the recipient’s signature, the following must be written: “By power of attorney.”

If money is issued by proxy, check compliance:

surname, name, patronymic of the recipient in the cash receipt order; surname, name, patronymic of the principal specified in the power of attorney;
the last name, first name and patronymic of the authorized person indicated in the power of attorney and cash order, and the data of the document presented to him;
the data of the recipient’s identity document indicated in the cash receipt order, the data of the document presented by him.

You will find complete instructions on the rules for issuing salaries in the “Practical Encyclopedia of an Accountant” berator.

Payroll issuance

A power of attorney to receive money must be attached to the cash receipt. If several salaries are issued under one power of attorney, the original must be kept in the accounting department and when the last cash is issued, it must be attached to the cash receipt order. This is the requirement of clause 6.1 of the Bank of Russia Directive No. 3210-U dated March 11, 2014. The law does not provide exceptions to this rule, even if the employee is unconscious as a result of an accident (see paragraph 3 of Article 185.1 of the Civil Code of the Russian Federation).

If a power of attorney is issued to receive money from two or three different organizations or entrepreneurs, a copy can be attached to the cash receipt order. A copy of the power of attorney must be certified, but this can be done by the head of the company himself and the chief accountant if he has such authority.

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Sample power of attorney for receiving salary

POWER OF ATTORNEY City of Moscow September fifth two thousand and twenty-one I, Last Name First Name Patronymic, ___.__.____ year of birth, passport series ____ No. ___________, issued “__” _______ 20__ by department __________________, division code - ________, residing at the address: city _____________________, street __________________________________________, house ____, apartment ________, TRUST Last name First name Patronymic, ___.__.____ year of birth, passport series ____ No. ___________, issued “__” _______ 20__ by department __________________, division code - ________, living at the address: city _____________________, street __________________________________________, house ____, apartment ________, on my behalf, receive the salary accrued to me in full in the Name of the company for the period from ___.___.2021 to __.__.20__, in connection with which I give her the right to sign all necessary to fulfill this order of documents. Signature Last Name First Name Patronymic (of the authorized representative) ____________________ I certify The power of attorney was issued without the right of substitution for a period of 1 month. _________________________________ Last name First name Patronymic (of the principal). Certification of a power of attorney in a hospital may look like this: I, Last Name First Name Patronymic, position of city hospital No. ________, hereby confirm that the power of attorney was drawn up with me personally Last Name First Name Patronymic. ____________________________Last name First name Patronymic of the person who certified the power of attorney

What to pay attention to when registering a power of attorney

There are also no strict criteria for drawing up a power of attorney: it can be written in handwriting (with a ballpoint pen, but in no case with a pencil) or printed on a computer.

It is important to comply with only one condition: it must contain two signatures - the principal, as well as the person certifying his autograph (a notary or, for example, an employee of the HR department of an enterprise). In this case, the use of facsimile signatures, i.e. printed in any way is not allowed when drawing up a power of attorney.

How to issue a power of attorney

Key issues of trusting someone with certain powers are regulated by the Civil Code of the Russian Federation (Articles 185-189). The document has a simple written form, it is written by hand (in legible handwriting, in the absence of corrections, errors, indicating reliable data) or printed on any suitable device. A sample power of attorney for salary will help you avoid mistakes in drafting. Observe several conditions:

relevant powers are transferred voluntarily;
when signing the document, the principal and the attorney must be sober (no alcohol or drugs);
the parties are adults, capable persons (otherwise legal representatives must act on their behalf). The attorney must not be held criminally liable.

The document is notarized. It is also possible to certify a power of attorney to receive a salary without a notary. This is done by the personnel or legal department of the organization where the principal works, the head physician of the institution where he is located, or an employee of the administration of the educational institution - for students.

A paper is invalid when:

its validity period has expired;
either party has suffered death, disappearance or incapacitation;
it was canceled by the principal.