What documents should you give upon dismissal and what will happen if you forget some of them?

The work book is issued on the day of dismissal without the employee’s application

The obligation to issue a work book is established by Part 4 of Art.
84.1 of the Labor Code of the Russian Federation: “On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.” As you can see, the code does not contain a specific list of work-related documents issued upon dismissal. It only says that they are issued upon a written application from the employee. Based on the mentioned norm, we can conclude that all issued documents are divided into:

for mandatory ones, issued without any statements from the employee (work book);
to optional ones, issued at the request of the employee.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ Part 4 art. 84.1

Deadlines for issuing a work book upon dismissal

The deadline for issuing a work book to a dismissed employee is specified in Art. 84.1 of the Labor Code (LC) of the Russian Federation. And it clearly states that this must be done on the “day of termination of employment,” that is, on the last working day preceding the date of dismissal.

If for some reason this turns out to be impossible, the deadline for issuing a work book is moved up to three working days from the moment when the dismissed employee requests in writing that the document be issued to him.

If an employee takes leave with subsequent dismissal, the work book is issued to him on the last working day before going on such leave - on the last day of his actual presence at the workplace.

The work book is issued to the employee on the day of dismissal

Art. 84
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The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).
On the day of termination of the employment contract, the employer is obliged to issue the employee a work book...
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Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
Labor Code of the Russian Federation
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The procedure for issuing a work book upon dismissal

When receiving a work book, an employee must not only personally receive it from the hands of a personnel inspector or other official who is entrusted with the functions of formalizing labor relations with personnel in the company. He is required to sign for its receipt in his personal card, which remains with the employer after his dismissal, and in the accounting journal.

41. In the receipt and expenditure book for accounting of work book forms and the insert therein, which is maintained by the organization’s accounting department, information is entered on all operations related to the receipt and expenditure of work book forms and the insert therein, indicating the series and number of each form. In the book of accounting for the movement of work books and inserts in them, which is maintained by the personnel service or other division of the organization that processes the hiring and dismissal of workers, all work books accepted from employees upon joining are registered, as well as work books and inserts in them, indicating the series and numbers issued to employees again. Upon receipt of a work book in connection with dismissal, the employee signs on the personal card and in the book recording the movement of work books and inserts in them.
The receipt and expenditure book for recording the forms of the work book and the inserts in it and the book for recording the movement of work books and inserts in them must be numbered, laced, certified by the signature of the head of the organization, and also sealed with a wax seal or sealed.
Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”

If the work book is issued on the last working day, there is no need to submit a separate application for its issuance. As can be seen from the text of Art. 84.1 of the Labor Code of the Russian Federation, this is done by default; the application is needed only for copies of other work documents.

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
Art. 84.1 Labor Code of the Russian Federation
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The need for a written application for the issuance of a work book arises when a dismissed employee receives it after the last working day. Although in practice it all depends on the reasons for the delay in issuing the document. In all cases, except those where the employer deliberately does not give it to the employee, they usually do without unnecessary bureaucracy: the labor certificate is simply carried out according to the documents as issued on the day of dismissal.

In my practice, there were two situations in which I received a work book after the actual termination of my employment relationship. In the first one, I quit during my vacation, and my salary remained with my previous employer until it ended. At the same time, I had already started work at a new place, but the HR department there agreed to wait for me to deliver the missing document. In the second case, at the time of making the decision to leave, I was in another city, and we agreed with the management that we would arrange everything retroactively upon arrival. Strictly from the point of view of the letter of the law, this is a violation. But we parted peacefully, and no one except me could report this where it should go.

If you still need to write an application, you must include the following information:

employer's name;
Full name and position of the head of the company;
Full name of the dismissed employee;
name of the document - application;
request to issue a work book, you can also refer to Art. 84.1 Labor Code of the Russian Federation;
date;
personal signature of the employee.

General Director of LLC "Horns and Hooves"
Ivanov I. I.
Petrova P. P.
statement.
In accordance with Art. 84.1 of the Labor Code of the Russian Federation, I ask you to issue my work book in the manner and within the time frame provided for by the said article.
01.03.2018
Signature.

Making an entry in the employee’s work book and familiarizing him with it

The notice of dismissal must contain the following details:

serial number;
date in the format “dd-mm-yyyy”;
information about dismissal indicating the reason and reference to the relevant paragraph of Art. 77 of the Labor Code of the Russian Federation, signature of the head of the organization, individual entrepreneur or official responsible for personnel documentation, and a seal, if the company or individual entrepreneur has one;
details of the dismissal order that served as the basis for making the entry: name (order), number and date.

You only need to refer to Art. 77 of the Labor Code of the Russian Federation, and not to other articles that deal with the specific reason for dismissal.

Typically, making an entry in the work book is done in the following order:

A personnel service specialist or other employee dealing with personnel issues makes an entry in the work book.
Then he invites the worker and gives him to read the recording he made.
After this, the employee, if he agrees with everything, signs the entry in the work book and in the personal card.

The employee only needs to put a personal signature in the work book. There is no need to write that he has read or agrees with the notice of dismissal.

In this case, the employee must familiarize himself with all records in the employment record relating to his career with a particular employer, and, if necessary, demand that missing ones be entered or erroneous ones corrected.

Sample entry in the work book about dismissal due to the expiration of the employment contract

I had a case when, due to the illiteracy of the personnel officer, the entry for employment was made incorrectly, and it followed from it that I allegedly held the position not of a middle manager, as was in fact, but of an ordinary performer. I found out about this by accident, having requested a copy of my work record book to obtain a foreign passport. Now it is no longer needed for this, but in the early 2000s it was required. After I was outraged by the incorrect entry in a conversation with my superiors, it was canceled and the correct one was made. And not only to me, but also to other colleagues, when filling out their work books, the personnel officer also made a mistake.

Most often, the work book is immediately issued to the employee at the same time, for which he signs separately.

Reflection of the issue of a work book in the journal of their movement

The journal for recording the movement of work books is a document of strict reporting that has strict standards for completion.

Among other information, it contains information about the issuance of a work book to the employee upon dismissal and his personal signature, which serves as confirmation of this. In total there are 13 columns, of which 12 and 13, respectively, are intended specifically for the named data.

Columns of the journal from the first to the eleventh are filled in when an employee is hired and submits his work book to the personnel department.

Upon his dismissal, the date in the format “dd-mm-yyyy” is entered in column 12, and in column 13 he, having received the work book in his hands, signs.

Sample of filling out a journal for recording the movement of work books

What to do if the person being fired does not show up at work on the last day or refuses to pick up his work book

The algorithm for the employer's actions in such situations follows from labor legislation.

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If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book, or to agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.
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Art. 84 Labor Code of the Russian Federation
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This means that the employer is only required to draw up a notice and send it to the employee’s postal address by registered mail with return receipt requested. If the dismissed person did not inform the employer of his actual address, which is different from the registered address, this will already be his, the employee’s, problems. Likewise, if the employee does not come for the letter at the post office, he will be considered as evading receiving the notification, and the employer will be considered as having fulfilled his obligations.

The text of the notification is drawn up in any form. It is preferable to use company letterhead for this purpose and it is advisable to include the following information:

Full name of the dismissed person;
document title - notification;
information about the need to pick up a work book or confirm consent to receive it by mail;
date of the notification;
Full name, position and personal signature of the head of the organization.

Ivanov I. I.,
resident: (mailing address with zip code)
NOTIFICATION.
In accordance with Art. 84.1 of the Labor Code of the Russian Federation, I notify you of the need to pick up your work book, which is stored in the personnel service of our company, or notify us in writing of your consent to send it by mail.
01.03.2018
General Director (signature) Petrov P. P.

Who can pick up a work book other than the employee

The legislation does not allow or prohibit the issuance of work records to the legal representative of a dismissed employee, whose powers are confirmed by a power of attorney. And some organizations flatly do not accept this option, guided by the fact that labor legislation does not provide for such a possibility; the work book can also be called by mail, and its storage period with the employer is calculated at 50 years.

Lawyers, however, argue that from the moment the employment contract is terminated, the relationship between the dismissed person and his former employer becomes civil law, which allows for such a possibility, and the principle “everything is permitted that is not prohibited” is fully applicable to this situation.

Most often, employers accommodate this desire of the dismissed person, but require that the power of attorney be notarized. The exception is cases when it was assured by the head of the employing company or the head physician of the hospital where the fired person is being treated.

Anyone can be a trusted representative of a former employee - everything is determined by the personal choice of the dismissed person.

The power of attorney must contain:

personal data that allows you to identify the principal and his representative (full name, date of birth, series, number and date of issue of passport, etc.);
name and TIN of the employer;
list of delegated powers: obtaining a work book, affixing signatures for the principal in accounting documents, etc.;
signature of the principal;
sample signature of the authorized representative;
date and place of drawing up the power of attorney;
document validity period (by default - one year);
a visa for a notary, a company manager or the head physician of a medical institution.

Sample power of attorney for obtaining a work record book

A power of attorney is not needed when the work book of a deceased employee is taken by his relative. The law does not stipulate the degree of relationship. Nothing is said about the need to confirm family relationships, but the employer may well require such confirmation. After all, he must make sure that he is issuing a work book to someone truly close to the deceased, and not to a person on the street.

Work-related documents must be issued within three days

Copies of work-related documents and the deadline for their provision are stated in Art.
62 of the Labor Code of the Russian Federation: “Upon a written application from an employee, the employer is obliged, no later than three working days from the date of filing this application, to issue the employee a work book for the purpose of his compulsory social insurance (security), copies of documents related to work (copies of employment orders, orders on transfers to another job, orders of dismissal from work; extracts from the work book; certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, the period of work with a given employer, etc.). Copies of work-related documents must be properly certified and provided to the employee free of charge.” Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ Article 62

Editor's note:
Thus, the legislator allocated three days for the employer to prepare documents. If, after three working days from the date of filing the application, the employer does not issue the necessary certificate, the employee may file a complaint with the State Labor Inspectorate or the court.

For untimely issuance of a work book, the employee will have to compensate for the earnings not received by the employee.
Article 234 of the Labor Code of the Russian Federation states: “The employer is obliged to compensate the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of:

illegal removal of an employee from work, his dismissal or transfer to another job;
delay by the employer in issuing a work book to an employee, or entering into the work book an incorrect or non-compliant wording of the reason for the employee’s dismissal.”

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ Article 234

Editor's note:
The same requirements are contained in clause 35 of the rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”.

The period between the day of dismissal and the actual date of issue of the work book is recognized as the time of forced absence, for which the employee must be paid the average salary (clause 62 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

Legislative regulations on the work book

The sample work book is legally established. The rules according to which work books are maintained, stored and issued are regulated by federal executive authorities, which are authorized to do so by the Government of the Russian Federation.

The legislative basis for handling work books is contained in the following acts:

Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books” contains the rules for maintaining and storing this document, as well as samples of the necessary forms, features of their production and distribution among employers;
Art. 66 of the Labor Code of the Russian Federation prescribes the use of the above-mentioned Rules No. 255 to resolve issues related to work books;
Art. 65 of the Labor Code of the Russian Federation speaks of the obligatory presence of a labor contract for concluding an agreement between an employee and an employer;
Art. 80 of the Labor Code of the Russian Federation, dedicated to the issues of dismissal at the request of the employee, directly contains the rule on the issuance of employment and other documents related to his work on the last day in the service of the resigning employee upon presentation of a written application by the latter;
Art. 140 of the Labor Code of the Russian Federation insists on the need for final settlement with the employee on the day of his dismissal, including regarding documents belonging to him, including the work book;
Art. 234 covers the responsibility of the employer in the event of a violation of the employee’s right to new employment, which is impossible without a work book, if it was not issued to the dismissed person on time, and Art. 237 speaks of the possibility of compensation for moral damage for such a violation.

You need to send notification of receipt of a work book on time

The appeal ruling of the St. Petersburg City Court dated October 27, 2015 No. 33-18051/2015 is a vivid example of what the untimely issuance of a work book can result in for an employer.
The employee filed a lawsuit against her former employer for untimely issuance of a work book, the obligation to change the date of dismissal and issue a work book, to recover unpaid wages, penalties for delayed wages, as well as to recover compensation for forced absence and moral damages.

On the day of dismissal, the woman was present at the workplace, but did not receive the book. The employer did not come to his senses immediately, but almost three months after the dismissal and sent the former employee a notice about the need to receive the book or agree to have it sent by mail. The notice was sent on 02/20/2015 and received by the plaintiff on 02/26/2015. The lady received her work book only during the consideration of the case on 07/01/2015.

The woman’s last day of work was November 27, 2014. The court ordered the company to pay wages from November 28, 2014 to February 20, 2015, that is, from the next day when the employee should have been issued a work book. As a result, for the specified period of forced absence, the organization paid the former employee 36,237 rubles, while changing the date of dismissal to 02/20/2015, that is, the date the notice was sent.

Appeal ruling of the St. Petersburg City Court dated October 27, 2015 No. 33-18051/2015

Who can get a work book

Usually, upon dismissal, the work book is given directly to the employee. In practice, there are circumstances permitted by law when the book can be:

issued to the person who received a power of attorney from the employee to receive the document;
given to a relative of the dismissed person;
sent by mail;
preserved by the employer in the manner prescribed by law.

Features of personal issuance

The procedure for obtaining a work record book is more labor-intensive for the employer than for the person resigning. It consists of several stages.

Filling. It must be fully completed by the day of dismissal, and consists of two important procedures:
entering the wording of dismissal.
Obtaining the employee’s signature in the required column of the personal card (indicating that he received the book in hand).

The employee did not receive the book, what to do?

If on the day of dismissal an employee does not show up to the HR department or his workplace or refuses to receive a work book, the employer needs to insure himself. The situation cannot be left to chance, otherwise a lawsuit may be filed due to the delay in issuing the work permit. The employer must:

draw up an act stating that the work book has not been issued to the employee (indicate the reason);
send the employee a written notification of the need to obtain a work book or agree to send it by mail.

Work book – by mail

Such an important document can only be forwarded with the written consent of its owner, that is, the employee. Such consent may be expressed:

in advance, when the employee asks in writing to send him his work report to the specified address due to the impossibility of appearing for it in person on time;
in response to a notice sent by the employer.

When will the book be given to relatives?

Close people of an employee can receive his work book only in one very sad case - dismissal due to death. To do this you need:

make an entry in the book about the termination of the employment relationship;
make sure of close family ties with the deceased, confirmed by documents (passport, marriage certificate, birth certificate, etc.);
receive a receipt from a relative for receipt of the work permit (in a simple form).

With the written consent of relatives, you can use postal services.

A work book must be issued even if the dismissed person did not provide it

The court ordered the issuance of a work book, although the dismissed person did not bring it.
The company manager resigned of his own free will, but did not receive a timely payment and work book. The employee went to court for the issuance of the document and compensation, including moral suffering. The first instance denied the applicant, since, according to the testimony of witnesses, the specialist did not give the work book to the former employer. However, in the appeal, the arbitrators indicated that this circumstance does not exempt the company from issuing a new work book for an employee upon hiring, as well as from inviting him to pick up the document after dismissal or sending papers by mail, as established by the Labor Code of the Russian Federation.

The employee was ordered to issue a work permit and compensate for:

inability to find a job without a document;
representative costs;
moral damage in the amount of 1 thousand rubles.

Appeal ruling of the Moscow City Court dated December 18, 2018 No. 33-56184/2018

Editor's note: It must be said that this position occurs quite often, however, there have also been precedents when the court came to the conclusion that it is necessary to draw up a work book only at the request of the employee. Without one, there is no need to impose a form on employees (Appeal ruling of the Orenburg Regional Court dated 02/07/2018 No. 33-998/2018). To avoid conflict situations, we recommend asking the employee to write a corresponding statement before completing it.

What to do if the employer does not give the work book

At your choice, you can apply for protection of your rights to the following authorities:

Labour Inspectorate. You can file a complaint:
- Personally to the inspection;
on the website onlineinspection.rf

Your complaint must be investigated and a written response must be provided within 30 days. If the complaint is satisfied, a fine will be imposed on the employer, and you will be given a book. If you receive a refusal, you can try to appeal it to the senior inspector or go further to the prosecutor’s office or court.

Prosecutor's office. The form of the application will be slightly different from the complaint to the labor inspectorate.
Court. It is advisable to send a statement of claim to the court when you have tried to restore the violated rights through the above authorities, since filing with them is free (and in court you will have to pay a state fee), the complaint is considered in a shorter period of time (within 30 days, and the hearing on your case may be appointed only after 30 days - it all depends on the workload of the court).

An employer does not always have to pay for the delay in issuing a work book to an employee

The Supreme Court of the Republic of Mari El, in the Appeal Determination No. 33-1207/2018 dated July 24, 2018, came to the following conclusion: for an employee to recover compensation, the fact that the employer did not issue him a work book on time is not enough.
The court noted that the legally significant circumstances to be proven in the case of recovery from the employer of earnings not received by the employee on the above basis are:

the fact that the plaintiff, after termination of employment relations with the previous employer, applied to other employers for the purpose of employment;
the fact of refusal of employment due to the employee’s lack of a work book.

In this case, the burden of proving these circumstances rests with the former employee (plaintiff).
It should be noted that in general, judicial practice on this issue is ambiguous.

Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated 04/02/2018 No. 33-1207/2018

Issuance procedure

Ideally, the date of termination of the relationship, when the information is filled out, and the last working day coincide. The personnel service cannot make an entry earlier, since the resigning person has the right to withdraw the application. Upon dismissal, receipt of a work book must occur immediately on the day of completion of the activity:

Delivery to the employee in person. If the employee is present and the personnel service is located in the same physical territory, a work book is issued in person. The citizen views the entries made and, if he agrees, takes the document, certifying the fact of receipt with a personal signature.
Transfer by proxy. Carried out in case of inability or desire to appear in person. Who can pick up the work book instead of the employee? This right can be delegated to any person at the initiative of the person being dismissed by drawing up the appropriate document. The power of attorney is certified by the issuing institution indicating:
validity period;
data of the certification organization with the signature of the responsible representative and seal.

Forwarding by valuable letter with a description of the attachment. Returning a work book upon dismissal via mail is allowed only with the consent of the resigning citizen on the basis of Article 84.1 of the Labor Code of the Russian Federation. To obtain consent, a notification is sent to the employee on the day of termination of the relationship, upon approval of which the document is sent.

If the HR department has carried out actions according to any of the schemes, then the mission is considered completed, and the rules for issuing a work book upon dismissal are observed; the date is equal to the last working day, regardless of the actual receipt of the document by the former employee.

The exception is vacation with subsequent termination of the contract. In this case, the issuance is made on the last working day before the vacation. Based on Article 127 of the Labor Code of the Russian Federation, the day of termination of relations is considered to be the last day of vacation, which is not a working day, therefore the form is issued in advance.

How to free yourself from liability for failure to issue a work book on the day of dismissal

The Ministry of Labor reminded: Art.
84.1 of the Labor Code of the Russian Federation provides that if an employee is absent on the day of termination of the employment contract or refuses to receive a work book, the employer is obliged to send the employee a notice of the need to receive a work book or give consent to receive it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The Ministry of Labor expressed the opinion that the employer can send this notification not only by mail with a notification to the employee’s address specified in the employment contract, but also in any other way that allows proving the fact of its sending.

After receiving consent from the employee to send the work book by mail, the employer should send the work book to the address specified by the employee.

The employee must express his consent in writing - only she can prove the fact of giving consent.

In addition, the provisions of this article provide for the possibility of issuing a work book upon a written request from an employee within three days from the date of application. In this case, the work book is not sent by mail, but is issued to the employee.

LETTER of the Ministry of Labor dated April 10, 2014 No. 14-2/OOG-1347

When delay is possible

The reason for non-delivery of a book may be:

absence of the employee himself on the last working day (at the time of termination of the contract);
reluctance of the employer (there are often cases when management forces a former employee to work a few more days in such an illegal way);
a controversial situation regarding the date of termination of the contract or the reason that served as the basis for this action on the part of the management of the enterprise or organization - the employee himself does not want to receive the document.

This is also important to know:
How to calculate average daily earnings upon dismissal: formulas and basic calculation rules

In the latter case, employers are required to notify the employee in writing of the termination of the contract and ask him to appear at the enterprise or organization to receive the book against signature.

You can also ask in writing for permission to send the book by mail.

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It should be noted that failure to issue a document due to the fault of the enterprise is an administrative violation.

If a former employee has submitted a written request for the issuance of this document, his request must be satisfied within three working days.

Negligence on the part of the employer may result in the inability of a former employee to get a new job. Consequently, he has the right to file a claim in court for unlawful actions of the personnel service and the manager himself.

Upon dismissal, an employee must be issued a 2-NDFL certificate.

To issue this certificate, an application will be required from the employee.
This is directly stated in paragraph 3 of Art. 230 of the Tax Code of the Russian Federation: “Tax agents issue to individuals, upon their applications, certificates of income received by individuals and amounts of tax withheld in the form approved by the federal executive body authorized for control and supervision in the field of taxes and fees.” The certificate form was approved by Order of the Federal Tax Service of the Russian Federation dated October 2, 2018 No. ММВ-7-11/ [email protected] Note that the certificate form and its name itself have recently changed. Starting from 2022, a new certificate form must be issued. Instead of the previous name 2-NDFL, it received a new one: “Certificate of income and tax amounts of an individual.”

Issue a certificate in accordance with Part 1 of Art. 62, part 4 art. 84.1 of the Labor Code of the Russian Federation, a resigning employee must do so on the last day of his work.

Tax Code of the Russian Federation (part two) dated 08/05/2000 No. 117-FZ (as amended on 12/25/2018) (with amendments and additions, entered into force on 01/25/2019)

Editor's note:
The Tax Code of the Russian Federation does not provide for liability for violation of the deadlines for issuing a certificate of income and tax amounts for an individual and a 2-NDFL certificate for an individual. However, violation of deadlines or refusal to issue a certificate may result in an administrative fine (Articles 5.27, 5.39 of the Code of Administrative Offenses of the Russian Federation):
for officials and individual entrepreneurs - in the amount of 1 to 5 thousand rubles;
for legal entities – from 30 to 50 thousand rubles.

Design rules

Regardless of the reasons and the initiator of the termination of industrial relations, the personnel service of the organization or replacement persons is entrusted with the obligation to issue all documents on the last day of cooperation. The registration of a work book upon dismissal and delivery to a person is regulated by Article 84.1 of the Labor Code of the Russian Federation.

Filling out is carried out on the basis of an issued order, in accordance with which data is entered into the columns of the form:

Serial number of the record. Continuous numbering is indicated; in order to avoid violations, it is necessary to check the availability of entered data on the reception, movement of an employee within the enterprise, renaming of an organization or structural unit.
Date of termination of the concluded agreement. The last day of work is set in accordance with the application and the issued order.
Reason for dismissal. A work book is filled out on the basis of an article of the Labor Code of the Russian Federation with reference to the number and wording.
Information about the order. Enter information about the order number and date of preparation.

Before issuing, you should check the presence of signatures and the organization's seal. Who signs the work book when dismissing an employee depends on the organization of personnel document flow at the enterprise.

It could be:

the head of a legal entity or an individual entrepreneur with employees;
head of the HR department or HR director;
an authorized representative of the personnel service, who is assigned the duty of maintaining document flow.

The fact of transfer is recorded by a bilateral act of issuing a work book to the employee or by a signature in the journal confirming receipt. Otherwise, the employer will have difficulties in case of loss without the fault of the personnel officers.

The employer is required to maintain documentation for each hired team member who has worked for five days. If the employee has his first place of business, the organization is obliged to open a form and enter information: personal data, education, diploma qualifications, period of study.

Information on forms SZV-STAZH, SZV-M: what the law says

The obligation to issue information about length of service is specified in clause 4 of Art.
11 of Law No. 27-FZ: “On the day of dismissal of the insured person or on the day of termination of a civil contract for compensation in accordance with the legislation of the Russian Federation on taxes and fees or Federal Law of December 15, 2001 No. 167-FZ “ “On compulsory pension insurance in the Russian Federation”, insurance premiums are calculated, the policyholder is obliged to transfer information about the insurance period to the insured person.” The period for which the policyholder is obliged to transfer information to the insured person in the SZV-M form is not established by law (clause 4 of article 11 of Law No. 27-FZ).

Federal Law No. 27-FZ dated 04/01/1996
(as amended on 07/29/2018) “On individual (personalized) accounting in the compulsory pension insurance system”
(as amended and supplemented, entered into force on 01/01/2019) P. 4 tbsp. eleven

SZV-M and SZV-STAZH: for what period to provide

In the letter, representatives of the Pension Fund of the Russian Federation expressed the opinion that “the policyholder has the obligation to issue to the insured person extracts from information in the forms SZV-M and SZV-STAZH, containing information only on this employee, submitted by the policyholder to the Pension Fund of Russia (SZV-M - for reporting month; SZV-STAZH - for the reporting (including the current) year).
In addition, officials explained why personalized information forms might be needed at all. The fact is that this information can be used by the insured person to confirm his work experience if the specified information is not reflected in his individual personal account.

Letter from the GU - OPFR for the city.

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Moscow and Moscow Region dated 04/03/2018 No. B-4510-08/7361
“On the procedure for insured persons to receive forms SZV-M, SZV-STAZH”

Editor's note:
Thus, on the day of dismissal, it is necessary to issue SZV-STAZH for the current year and SZV-M for the current month against signature. Information in both forms is entered exclusively about the resigning employee. It is the extract that needs to be issued, and not the forms as a whole, since individual (personalized) accounting information belongs to the category of confidential information (Clause 8, Article 6 of the Law on Personalized Accounting).

Such an extract is issued in person.
It is not regulated by law what an employer should do if the employee was absent on the day of dismissal. We recommend that you send a notice to the employee so that he comes to receive this document or agrees to have it sent by mail. And in order not to prepare several notifications, we believe that this information can be included in the notification of the need to appear for a work book or agree to have it sent by mail. Thus, you will be able to prove that you used all available means to fulfill the obligation to provide information from the personalized information forms to the dismissed employee. Currently, there is no provision in the pension legislation by which an employer can be held liable if he/she fails to issue the employee documents containing the information provided for in clauses 2–2.3 of Art. 11 of Federal Law No. 27-FZ. In this case, the already mentioned sanctions under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Section 3 of the calculation of insurance premiums is issued from the beginning of the quarter to the date of dismissal

The need to provide the specified document is established in clause 2.3 of Art.
11 of the law on persuescheta: “On the day of dismissal of the insured person or on the day of termination of the GPC agreement, the remuneration for which is in accordance with the legislation of the Russian Federation on taxes and fees or the Federal Law of December 15, 2001 No. 167-FZ “On compulsory pension insurance in Russian Federation" insurance premiums are calculated, the policyholder is obliged to transfer information to the insured person." Such information is the information reflected in section 3 of the DAM. The form for calculating insurance premiums was approved by Order of the Federal Tax Service of the Russian Federation dated October 10, 2016 No. ММВ-7-11/ [email protected] In section 3 you need to indicate information about the employee for the reporting period in which he quit, that is, from the beginning of the current quarter to the date dismissals.

If, according to personalized accounting information, it is necessary to provide extracts, that is, only parts of the SZV-M and SZV-STAZH documents relating to a specific resigning employee, then section 3 of the DAM is issued to the employee in the form of a copy of the document. The reason is that this section is compiled separately for each insured person. Therefore, upon dismissal (termination of the GPA), Section 3 with data on payments and contributions accrued in the quarter of dismissal must be printed for the insured and certified by the manager.

Editor's note:
Sanctions for late provision or refusal to issue documents - in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Certificate of average earnings to determine unemployment benefits

The reference to the certificate of average earnings is contained in clause 2 of Art.
3 of the employment law: “The decision to recognize a citizen registered for the purpose of searching for a suitable job as unemployed is made by the employment service authorities at the citizen’s place of residence no later than 11 days from the date of presentation to the employment service authorities of a passport, work book or documents replacing them, documents certifying his qualifications, certificates of average earnings for the last three months at the last place of work (service), and for first-time job seekers (who have not previously worked) who do not have qualifications - a passport and a document on education and (or) qualifications.” This certificate will help the former employee register with the employment service and receive benefits. The form of such a certificate is not approved by regulation, but there is a recommended form of a certificate of average earnings, which is given in the letter of the Ministry of Labor of the Russian Federation dated August 15, 2016 No. 16-5/B-421.

The certificate must be issued within three working days from the date of receipt of a written application from the employee (Clause 2, Article 3 of Law No. 1032-1, Article 62 of the Labor Code of the Russian Federation).

Law of the Russian Federation dated April 19, 1991 No. 1032-1
(as amended on December 11, 2018) “On employment in the Russian Federation”
Clause 2, Art. 3

Editor's note:
If the employer does not issue a certificate within three working days from the date the employee submits the relevant application, he faces liability in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Contents of the statement

An application for the issuance of a work book is always made in writing. And this, first of all, is necessary for the employer to properly maintain personnel documentation. The form of the document has not been approved, so if the organization does not have a sample or form approved by local regulations, we recommend using the example posted on the website.

The statement reflects:

position, full name head of an organization or individual entrepreneur;
full name, position, department of the applicant;
please provide a work record book and purpose: to apply for a pension;
notification of the employee’s obligation to return the document within 3 days;
date and signature.

If the employer does not keep a log of the issuance of work books, then we recommend writing in the text of the application when the document was actually received in person, or issuing a receipt for receipt.

A third party has the right to receive a work book in relation to an employee only upon presentation of a notarized power of attorney to sign documents (for an application for the issuance of a work book) and to receive documents or a general power of attorney.

The employer is not required to issue copies of local regulations

The plaintiff applied to her former employer for the issuance of work-related documents. The management's response indicated that the requested documents were prepared for issue and could be picked up at the HR department. Having come to pick them up, the woman found out that there were no documents to be issued. The requested documents were never issued. This was the reason for going to court. The plaintiff believed that the actions of the defendant violated her rights, causing her moral harm. The fact is that the woman had significant overtime for overtime work. Moreover, the defendant did not provide working conditions that met regulatory labor safety requirements; there were bedbugs and cockroaches directly at the workplace. The employer violated the deadline for communicating the shift schedule to the employee. That is why the employee insisted on giving her copies of the following documents:

collective agreement with all amendments and additions;
internal labor regulations with all amendments and additions.

At the same time, it follows from the agreement on termination of the employment contract that the employee had no claims regarding the termination of the employment contract and labor relations against the officials of the institution and the employer.
However, after her dismissal, she turned to her former employer with an application for the issuance of these documents. As the court indicated, the employment relationship between the parties had already been terminated. In addition, to the documents referred to in Art. 62 of the Labor Code of the Russian Federation, refers to documents relating to the employee and related to his work with the employer. The documents requested by the plaintiff relate to local regulations of the defendant, and not to individual acts relating to the plaintiff himself. Therefore, there are no grounds for imposing on the defendant the obligation to provide the plaintiff with the requested documents.

Appeal ruling of the St. Petersburg City Court dated April 4, 2018 No. 33-6491/2018