Work book Is it possible to send a work book by mail?

11.08.2019
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20211

8 min.

According to the current law, any employer, when dismissing an employee, is obliged to formalize the termination of the work contract and make a payment. In practice, a situation often arises when a subordinate, for a number of reasons, was unable to appear and personally pick up the required papers on the last working day. In such cases, a procedure such as sending a work book by mail upon dismissal is launched. It has a number of nuances that require special attention.

Basic Concepts

Every employed citizen of the Russian Federation has the right to quit and change jobs. The procedure for processing and returning documents is regulated by Resolution No. 225 of April 16, 2003 and No. 69 of October 10, 2003. The legal procedure requires compliance with the procedure for terminating an employment contract. Therefore, the grounds for terminating legal relations between an employer and a subordinate are set out in Chapter 13 of the Labor Code of the Russian Federation. These include:

• agreement of the parties and circumstances beyond their control;
• expiration of the work contract;
• employee leaving on his own initiative;
• refusal to work due to a change in job functions or for health reasons;
• violation of clauses of the employment agreement.

According to paragraph 1 of Article 84, which regulates the general procedure for terminating an employment contract, dismissal is formalized by order of the manager. At the request of a subordinate, he is obliged to issue all necessary settlement papers, as well as pay due monetary compensation. The same article allows for the sending of a document on work experience by mail, but only if its owner provides written consent.

Many unscrupulous citizens deliberately do not come for payment on the last day of work, hoping in this way to receive additional monetary compensation from the organization for the delay in documents. This is described in paragraph 4 of the Government Decree “On Work Books”. However, if the director correctly carries out the dismissal procedure, he can save the company from unnecessary expenses and avoid administrative punishment.

Work book standards

The current legislative framework for work books is represented by two legal acts.

For the entire period of validity of the employment agreement until its denunciation, this personal document of the citizen is stored in the personnel department. On the final day of work (the date of denunciation of the employment contract), it must be given personally to the owner. Having received it in hand, the latter must sign the personal card and account book. This procedure does not apply when the dismissed person did not actually work, but his position was retained (Article 84.1 of the Labor Code of the Russian Federation).

The following reasons are not an obstacle to extradition:

• the bypass sheet is missing or not signed;
• payment has not been made to the employee.

For late delivery, the employer (if it is his fault) is obliged to compensate the dismissed employee for the period of delay. Responsibility for delays is removed from the employer when the final day of work and the date of denunciation of the contract according to the registration for dismissal do not coincide for the following reasons:

• gross violation by a working citizen of his duties once (Article 81 of the Labor Code of the Russian Federation);
• a court verdict, according to which the worker has been sentenced to punishment and therefore cannot continue to work (Article 83 of the Labor Code of the Russian Federation).

The same rule also applies when dismissing a pregnant woman whose employment contract was extended until the end of her pregnancy or maternity leave.

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Basic procedure for dismissing an employee

The procedure for terminating an employment contract consists of several stages, each of which is documented.

1. An order of dismissal is issued, which indicates the basis for such an action (article of the Labor Code of the Russian Federation).
2. The document is sent to the subordinate for review in writing against signature (the date is also indicated), and then to the personnel service for its registration in a special accounting journal.
3. An act is drawn up if the employee refused to recognize the order as valid.
4. Recalculation of earnings, compensation payments for vacation, bulletin, and severance pay is carried out.

Attention! On the last day of work, the following are issued: a work book, copies of certificates and other documents necessary for employment in a new place, accrued funds.

Sending a work book by mail

The legislator allows for the possibility that the person resigning may refuse to receive payment due to various circumstances, and clearly explains the actions of the company’s management. For failure to comply with the prescribed requirements, he may be subject to administrative liability. The punishment is determined on the basis of the Code of Administrative Offences, Part 1 of Art. 5.27:

• according to Art. 234 of the Labor Code of the Russian Federation - for failure to comply with the deadlines for issuing a work book;
• according to Art. 84.1 Labor Code of the Russian Federation - for sending a document defining length of service in the absence of the consent of its owner.

To confirm management’s intentions regarding the expulsion of the TC, the former employee must give his consent in writing.

Reasons for shipment

To figure out how to send a work book by mail, it is advisable to consider the factors influencing the occurrence of such situations.

1. An employee works in one of the company's branches, which is located in another city, while the administration and management are located in the head office.
2. The specialist was sent on a business trip, to an internship or internship, where he decided to resign. In this regard, he drew up and sent an application with a request to send his payment documents by mail.
3. The employee planned to leave work immediately after the end of his vacation, and the petition contained a request to consider the last day of vacation as the date of dismissal.
4. The severance of industrial relations is caused by a court verdict or the initiative of the administration due to a violation of the rules of the employment contract by a subordinate.
5. Dismissal of an employee on maternity leave based on her own application.

It is allowed to send a work book to a resigning citizen if he himself requests it. It should be borne in mind that the basis for such an action must be compelling, otherwise it is regarded as a way to hide the delay in issuing documents due to one’s own negligence with all the ensuing consequences.

Prerequisites

If an employee, after dismissal, has not collected his work book from the HR department, the employer is obliged to act in accordance with the standards of the Labor Code of the Russian Federation and the rules for maintaining and storing forms. There is no need to run to the nearest post office and send it urgently. It is advisable to act consistently.

1. Make sure that the form belongs to the resigned subordinate.
2. Find out whether he is in the city, and whether he has time to pick up the work book with his own hand.
3. If it is not possible to find a former employee, you can contact his relatives.

It is important to know! And only if, after fulfilling all the conditions, it was not possible to get into contact with the retired citizen, you should send the document on the length of service and other payment papers through the Russian postal service. This must be done within a few days, as he may sue, and the employer will have to pay a fine and moral damages.

In what case can you not send

The legislation provides for a number of rules that management must comply with when intending to send a work book via postal service. At the same time, he must take into account the fact that sending the form without the written consent of the resigned employee is categorically unacceptable. You cannot send a document on length of service even in the event of the death of an employee. If such situations arise, the labor record is transferred to the personnel service for storage, where it remains for two years. Then it is moved to the archive, where the shelf life of the forms is 75 years.

Common mistakes when sending labor through the post office

A typical mistake of many heads of organizations is to send a work book on the day of dismissal if the dismissed citizen was absent and for some reason did not pick it up. Here the manager grossly violates labor laws. Such actions are unacceptable.

The employer must first send the dismissed person a notice requiring him to pick up the document in person or give written permission to forward it. By sending such a notice, the employer relieves himself of responsibility for the delay in issuing the work book. And only after obtaining the consent of the dismissed citizen, the employer has the right to send it through the post office. Then his actions will be recognized as legal.

Another common mistake is when the employer, after receiving written consent to send it, sends the work report by mail a few days later. Many people believe that if the notice has been sent and there is permission to send the work by post, there is no need to rush. But the law obliges the employer to send the document within 3 working days.

Example 1. Sending a work book to a citizen by mail upon his request

Legal department employee V.D. Dobrovolsky was dismissed according to the order of the employer on 10/11/2016 by agreement of the parties. On the last day of work (10/11/2016) he must report to the personnel officers to pick up his work book. On the eve of his dismissal, V.D. Dobrovolsky fell ill. Anticipating that he would not be able to appear on October 11, 2016 (the day the contract was denounced), the dismissed person sent a letter to the employer with his signature, which included the following information:

• inability to come to work on the day of denunciation of the contract and pick up the work permit;
• reason for non-appearance;
• a request to send the work report by post;
• your forwarding address;
• date of dismissal and application.

The appeal was drawn up correctly and sent to the employer in a timely manner. The head of the organization decided to satisfy the request and, having signed the application, gave it to the personnel department for execution. On 10/11/2016, the work book was sent to V.D. Dobrovolsky in a valuable letter with an inventory of the contents. The shipment was made legally and in compliance with the deadlines.

Example 2. Shipping to a working citizen with his consent through the post office

N.I. Petrova was dismissed by agreement of the parties on October 15, 2016. The personnel department familiarized the dismissed employee with the order. On the last working day, the employee did not show up to collect her work book, although she was present at work. Personnel officers issued a refusal in the presence of witnesses.

The employer immediately initiated dispatch through the post office, thereby absolving himself of responsibility for the late issuance of the work permit. HR staff sent the dismissed employee a notice calling on her to personally pick up the document or agree to have it sent out.

Soon, the organization’s address from N.I. Petrova received written consent to send it. The HR department sent the work report to the former employee via a valuable letter within two days. The receipt of the document by N.I. Petrova is evidenced by a postal notice sent to the organization. All deadlines and rules for sending the document by mail were observed. The shipment is legal.

Procedure for sending TC by mail

The main stages of the dismissal procedure are carried out by the personnel department. Its representatives are responsible for the timely issuance of documents on work experience, copies of certificates and other forms. If the employee did not receive the full payment on the day of leaving the company, or did not want to pick up the form, it becomes necessary to send it by mail. The legislation provides for the procedure for performing this procedure.

Notification

In order to use postal services and deliver the work book to its owner, the employer is obliged to send him a written notice with a recommendation to appear for documents on time. The text of the letter is compiled arbitrarily, however, in Art. 84.1 of the Labor Code of the Russian Federation imposes certain requirements for its registration. The document must contain the following information.

1. Full name of the employee as indicated in the employment contract and other forms.
2. Address of residence or registration.
3. Details of the organization or individual entrepreneur that sends the notification.
4. Registration number (outgoing) and date of compilation.

It should also contain information that the document was not previously received by any of the available methods, as well as the need to:

• personally appear at the personnel service for labor;
• give consent for forwarding if it is not possible to come.

The head of the organization must put his signature, date and seal. Next, in the presence of three persons, draw up a statement that the employee refused to pick up the form and did not provide written consent to send it in another way.

Statement and consent of the employee

The employee, in turn, should also be interested in receiving the document, because it reflects his work experience, which allows him to obtain a decent old-age pension. So he has two options:

• pick up the form yourself by going to the company’s HR department;
• give written consent to send the work book by mail.

If the second paragraph is used, the document must reflect the following points.

1. Full name of the employee as they appear in official documentation.
2. Address of place of residence or registration.
3. Number and date of drawing up, and later termination of the employment contract.
4. Text of consent to forward the work book to the specified address (written in full).
5. Signature of the applicant with transcript, date of compilation.

Attention! Since there is no established template for the execution of this document, a free form can be used.

Cover letter with description

To be sure that the work record has reached the addressee, you must send an envelope with official papers by registered or certified mail. This service is provided by Russian Post. To protect the internal contents, an inventory of the attachment must be completed.

The covering letter contains details that allow you to track the path and fate of the sent forms. Since there is also no unified form, it can be compiled in any form. The main requirement is to enter a certain list of data.

• Details of the employer and his authorized representative represented by the director.
• His contact information for immediate communication.
• The text of the letter, which contains the purpose of sending the documents and an indication of their presence in the inventory.
• Signature of the actual performer with transcript and date of compilation.

Attached to the letter is a list of papers, which is drawn up as an independent document according to Form No. 107, approved by the Federal State Unitary Enterprise “Russian Post” on May 10, 2012. It is fixed with the stamp of the sending department and sealed in an individual envelope.

Shipping options

Today, the most reliable option for transmitting information is Russian Post. Thanks to a clear internal routine, which allows us to cope with the occurrence of emergency situations, any sent document reaches the addressee. Otherwise, it is returned back to the sender. When using this option, the risks of loss are minimized, and postal notifications and all necessary marks are proof that the employer has performed its functions in accordance with established requirements.

However, sending by Russian Post is not the only option for delivering the form. The recipient can independently determine how to pick up the work book - by mail or other convenient way.

1. Available postal operator. Terms of delivery and payment are agreed upon in writing. Since the possibility of loss of the document cannot be excluded, the applicant should not make claims if such a situation arises.
2. Courier service. Sending in this way is possible with the consent of the former employee. The terms of delivery are also recorded in writing. However, all risks associated with the loss of official forms fall on the recipient.
3. Third Party Representative. The resigned employee must draw up a power of attorney from a notary for any person he trusts. The HR department has the right to issue a work book only after presentation of the document by an authorized person.

Attention! Regardless of the chosen method of sending the form, both parties are required to keep all receipts, notification forms, reports confirming the fact of sending and receiving the document. This will avoid misunderstandings and prevent litigation.

Requirements for the procedure for sending a book

The law contains some rules that must be followed by the employer. Violating them can lead to a number of negative consequences. Factors to consider:

• Sending a book without the expressed consent of the former employee to perform such an action is not allowed. In such a situation, it is transferred for storage to the personnel department, and subsequently to the archive.
• In this case, the procedure for sending valuable letters, as well as a list of attachments, is used to send documentation. It is advisable to additionally use a delivery receipt. The employer will be able to track the movement of the letter using the track number through the official website of the Russian Post.
• Notification of an application to the HR department to obtain documentation is sent to the employee without fail. A verbal warning will not be enough.

The current legislation, namely Article 84.1 of the Labor Code of the Russian Federation, contains a list of documents that express the requirement for an employee to appear at the HR department for a work book:

• Full details of the employee, that is, his last name, first name and patronymic. It must be indicated strictly as it is in the documentation, for example, in an employment contract.
• Registration address or place of residence of the citizen.
• Details of the organization or individual entrepreneur sending the notification: name (full name for individual entrepreneurs), address, and so on.
• Outgoing notification number, as well as the date the document was completed.
• The date on which the relevant employment agreement was terminated.
• Information that the document has not been served up to this point in any of the ways.
• An indication of the need to hand-delivery the paper or for the employee to express consent to send it by mail. The employee must have a choice between these two options.
• The address to which the document can be transferred, for example, the address of the human resources department.
• Details of the employee who signs the letter, as well as the seal of the organization or individual entrepreneur, if available.

The absence of any details indicates non-compliance with the established procedure. The notice will be considered unsent.

The work book must be returned to the employee after his dismissal, regardless of the reason. If the employee refuses to receive or there is no such actual opportunity, the employer is obliged to notify him of the need to receive the document, otherwise he receives the obligation to pay wages until the document is delivered.

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In what case is a work book sent without consent?

Despite the procedure established by law for issuing a work book upon dismissal, situations arise in life when the employer is required to take his own initiative and send this document by mail to the home address of the resigned subordinate. This is necessary in the following cases.

1. The employee categorically does not want to receive payment on the last day of his stay at the enterprise, pick up his work book and copies of certificates, as well as the payments due.
2. The dismissal occurred at the initiative of the employer, and the offended subordinate decided to protest by refusing to participate in the procedure: he did not sign the payment forms (order, consent, etc.) and did not take away the document on work experience.
3. The employee did not show up for work on the day of dismissal, but the manager knows his place of residence. If the addressee ignored the need to sign the received notification form, the director has the right to send him payment documents.

Advice! It should be remembered that the work book is an official form, so the shipment must be carried out in a valuable letter, which includes a pre-compiled inventory of the contents of the envelope. This will avoid complaints from the departing employee.

What mistakes are made when sending?

The main mistakes encountered when transferring a work book by mail upon dismissal are the timing of sending. The technical documentation must be sent within three working days after receiving a written application or consent from the employee, no later.

If an employee was absent from work on the day of dismissal, and the manager decided to send him documents on the same day by mail, this is a serious mistake. The employer violates the law by sending technical documentation without notification and further consent of the employee.