Work book Drawing up a notice of the need to pick up a work book

25.09.2019

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4 min.

Notification of receipt of the work book is sent by the employer to the dismissed employee if he himself has not expressed a desire to appear for it immediately after full payment. The personnel service with all records must issue this document within 3 days after the person is released from work duties. Violation of the established procedure may result in administrative liability.

The procedure for issuing a work book upon dismissal

The work book refers to official documents of strict accountability. During the implementation of activities, she is located in the personnel department. A document can be missing only as a result of damage or loss, as well as during initial employment. The employer himself issues a new one, or you can get a duplicate from the company where the person previously worked for 15 days. To do this you will need to write an application. This must be done no later than 5 days after hiring.

Filling out, issuing and storing a work book is carried out in compliance with the rules and regulations established by law. The main standards are:

• Labor Code of the Russian Federation;
• Government Decree “On work books”;
• Resolution of the State Statistics Committee No. 1 of 05.05.2001;
• Rules approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003;
• Instructions of the Ministry of Labor dated 2003.

After dismissal, the employee must receive a work book, salary and necessary certificates on the last working day. In confirmation, he signs in a special journal. If a citizen refuses to do this, an act is drawn up in which three witnesses sign, thereby recording this fact.

Upon dismissal, the employer makes a corresponding note in the document, guided by the above provisions, and gives it personally to the employee. It is unacceptable to transfer labor documents through third parties if they do not have a notarized power of attorney.

It is important to know! If a person does not come to receive it on the appointed day, a notification is sent to his address about the need to appear for a work book.

What should I do if the employee does not come to pick me up?

If a former employee was fired for absenteeism, and he did not show up to his workplace on the day appointed for dismissal, be sure to draw up a report on the disciplinary violation he committed. He will protect you from possible attacks from him.

If he showed up for work, but forgot to come to you and fill out the documents properly, you need to contact him by the end of the working day:

• via mobile communications;
• by work phone;
• by email.

Keep in mind that by this time the work book must be completed in accordance with established standards and requirements.

If a resigned employee fails to show up to collect his/her book within three working days following the dismissal, submit a notice. The notification is drawn up in free form , but has the status of a document. It contains:

• Last name and initials of the person to whom it is addressed.
• Notification that he has been fired, indicating the date.
• Message that he was supposed to pick up TK, but did not do so.
• The requirement to pick up the document immediately.
• An offer to send the document by mail, which requires a written request from the owner of the trading company.

The notice must be drawn up in 2 copies, one of which is filed in a personal file, and the other is sent by registered mail to the resigned employee, with an inventory attached to the letter and with notification of receipt.

From the moment the notification is sent, you are relieved of responsibility for leaving the owner of your book. Keep in mind, you must have proof of notification sent, as evidenced by:

• the presence of an inventory of the attachment;
• shipping receipts;
• notifications of receipt.

These documents must be properly registered, included in the lists of incoming and outgoing correspondence, and kept in the employee’s personal file, in case claims are received from him. If, in response to the notification, you receive a written request to send it by Russian Labor Post, you will need to send it by registered mail.

Notification of receipt of a work book upon dismissal - sample.

Notification of the need to appear for a work book - sample.

What to do if they don’t hand over your work book upon dismissal - read here.

Through a proxy

A trustee may contact you with a request to receive a document instead of his relative or friend. There are frequent appeals from the wives of employees fired for absenteeism.

Their spouses, who do not come out of their drinking bouts and are dismissed on the basis of a disciplinary sanction, do not resolve issues of their own livelihoods. Under no circumstances should you hand over the document in such situations. If the dismissed employee:

• is ill;
• is located outside the city;
• unable or unwilling to approach in person,

he can make a request to a trusted person. In turn, he must provide him with a notarized power of attorney to receive the TC. Without presentation of a power of attorney, issuance of a document to third parties is unacceptable.

The issue of issuing TC to third parties, even on the basis of a power of attorney, is controversial . The issuance rules regulate only the possibility of receiving in person, without transfer. However, in some cases this may not be possible.

As a rule, personnel officers issue a document by power of attorney, and next to the record of receipt of the book, the name and signature of the authorized person and the details of the power of attorney are placed. When you must give your work book when you quit, read here.

They are guided by the fact that the Rules for issuing TC do not directly indicate the prohibition of its transfer through an intermediary. However, the Rules recommend putting only a personal signature, which is not allowed for the actions of an intermediary.

To be on the safe side, it is recommended to withdraw the one-time power of attorney, and make a copy of other types of power of attorney, filing a replacement document in your personal file.

Certificate of refusal

In some conflict situations, in response to a demand to receive documents, the employee is rude to the employer, overwhelmed with emotions and negative experiences, refusing to pick up the document. Keep in mind that after the emotions subside, he may well be able to file a lawsuit, citing failure to issue a document.

In this case, it is necessary to draw up an act of refusal to receive the book . To do this, approach the indignant employee with several (two or more) people who will testify in your favor and give a clear and consistent command to come up to receive a work book.

If in response a rude attack is made with a refusal to carry out the order, you can draw up an act. This document is drawn up in a free descriptive form, presenting a list of persons present who witnessed the fact that the specified person refused to receive the Labor Code.

The situation of refusal must be described in a concise form, listing the illegal actions of the perpetrator:

• drunken state;
• use of obscene language;
• use of insults and threats.

The act is signed by those present, properly registered and filed in the personal file of the employee, who first familiarizes himself with its contents.

After this, he can receive the document at any time convenient for him personally or through an intermediary, but he will no longer be able to testify against you in court.

The violator must familiarize himself with the act against his signature , but if he refuses to do so, the text of the act is read to him, and those present sign under the note that he refuses to sign.

Act on refusal to obtain a work book - sample.

Issuing a work permit in the absence of an employee

A person must collect documents and payment himself, but there are situations when he cannot do this. This could be family circumstances, other motives, or the illness of a relative, due to which the citizen urgently needed to leave the city. Typical situations where it is impossible to obtain a work permit in person are:

1. On the last working day, the employee did not show up for an unexcused reason.
2. The person does not agree with the dismissal, so he simply refused to receive documents and payment.
3. The citizen has been convicted; in this case, a trusted person can receive the book. The document granting authority is certified by the head of the colony.
4. The employee was called up for military service, and the contract was terminated automatically.
5. Death. In this case, the notification is sent to one of the next of kin.

If the notice is drawn up in accordance with all the rules and sent to the former employee, then the employer is relieved of responsibility for failure to issue the document. If the employee expresses a desire, the book can be sent by mail. In this case, a registered letter with notification is required. Without his consent, based on clause 36 of the Rules, such an action is considered illegal.

Dates of issue

After making an entry in the work book upon dismissal of one’s own free will or for any other reason, the Labor Code is issued to the employee in person and against signature on the day of dismissal. Failure to issue a TC within the next three days is a serious violation. Violating this rule is fraught with troubles that the situation with the abandonment of work can bring from the most unpredictable side.

On the last working day, it is imperative to issue a document to the resigning person, regardless of the grounds on which the industrial relationship was terminated.

For this:

1. The employee is required to be present at the workplace until the end of the working day or, at a minimum, until the receipt of the Labor Code.
2. He was warned in advance about the terms and conditions of the transfer of the TC into his hands.
3. I approached the HR department employee (employer) on my own.
4. Check the completion of the receipt and expenditure book for accounting of work book forms and sign in it to confirm receipt of the Labor Code. The seal for the work record book must not be broken.

The absence of the listed actions, especially on the part of the violator of discipline, dismissed for punishment, forces the employer to accept someone else's responsibility. As a result, the person who was obliged to issue the document will be guilty, and not the one who should have taken it.

If by the evening of the last day of work, no one shows up for the TC, the employee authorized to issue it is obliged to take action and be active .

His initiative necessarily compensates for the inaction of the former employee. Taking measures consists of notifying the person of the obligation to pick up the document.

Rules for drawing up a notification

Notification of the need to pick up the work book is sent to the employee by mail or courier. There is no strict form for the document, but the personnel service must take into account the provisions of Art. 84.1 Labor Code of the Russian Federation. It is drawn up in any form, with the obligatory content of the requirement to come to the personnel department. The notice must contain the following information:

• Outgoing document number, date of its preparation and place;
• Details of the parties, as well as a link to the employment contract;
• Notice of the reason and procedure for termination of the contract;
• The time period and place when a person is obliged to pick up a work book;
• Information that sending a document by mail is possible only with the consent of the owner;
• Signature of the head and seal of the organization.

Sending a notification by courier is also compliance with the established regulations regarding the need to pick up the work book and the necessary certificates. Sending through a proxy requires a printout of the notice in two copies, on the second the citizen puts a mark on the date and time of receipt.

Sample notification

Limited Liability Company "Pirozhkov and Company"

Ref. No. 35 dated 01.02.2003 Petrov Ivan Dmitrievich, Izhevsk, st. Elovaya, 8

NOTICE about the need to obtain a work book

Employment contract No. 48 dated June 5, 2000 was terminated by agreement of the parties on January 29, 2003. Due to your failure to appear to receive your work book on the appointed day, the document was not issued to you.

In accordance with Part 6 of Art. 84.1 of the Labor Code of the Russian Federation, we notify you of the need to come to the personnel department of Pirozhkov and Company LLC in the near future to receive a work book, or to give written consent to send it by Russian Post.

Applications:

A copy of the order to terminate the employment contract.

Head of HR Department Ilyin I.V.

signature

Dispatch times

Notification of the need to obtain a work book upon dismissal is sent to the employee within 3 days after termination of the contract. If it is lost, then responsibility for issuing a duplicate rests with the HR department.

How to compose

The legislation only in general terms regulates the employer’s procedure in the event of an employee’s refusal to receive a work book or if it is impossible to pick it up in person. But samples of the necessary documents that an employer should follow when sending a notice are not given here. They are not only absent from the Labor Code, but also from Rules No. 225 and Instructions No. 69. Therefore, the employer draws up a notice in a free format, but taking into account the provisions of Art. 84.1 of the Labor Code.

In the notification to the employee about the need to pick up the work book, you must include the following information:

1. Date of compilation and originating document number (according to the internal numbering system).
2. Last name, first name and patronymic of the employee with whom the employment contract was terminated, and his address.
3. A message that an employee’s employment contract has been terminated.
4. Date of termination of employment.
5. Indication of the need to pick up the work book that remains at the enterprise.
6. The address where it is stored and the time when you can pick up the document.
7. Please provide written consent to send your work book by mail.
8. Position of the authorized person on behalf of the employer , his signature and transcript.
9. Employer's stamp (if available).

A sample notification of attendance for a work book can be downloaded from the following link.

The presence of all the specified details will allow us to assert that the employee was properly notified of the need to pick up the work book.

Notice deadlines

The employer is obliged to give the work book to the employee who did not receive it upon dismissal within 3 days after receiving such an application from him. But if the work book was lost by the employer, then he is responsible for issuing a duplicate of it.

Notification of the need to obtain a work book should be sent immediately: on the next business day after the employee’s last day of work.

How to send correctly

Notification may be sent to the employee in one of the following ways:

1. “Russian Post” - it is advisable to send it via a valuable letter with a description of the attachment. The notification of delivery itself is not necessary, since tracking the movement of the letter is possible using the track number using electronic services.
2. The company's own courier service or a third-party courier company . Confirmation of sending the notification will be the employee’s signature on the invoice or special statement.

If an employee receives a notification, but does not react to it in any way, then the employer should transfer the work book to the archive for storage. By law they must be stored for 75 years.