As evidenced by the RF PP No. 225 dated 04/16/2003 (as amended on 03/25/2013), a work book is the main document that contains personal information about the work activity and length of service of a particular employee. This government decree establishes:
- A standard form for a Russian-style work book and an insert for it.
- Rules for registration, preservation of labor, production of forms and supply of them to employers.
As you know, a work book is created for each person who is applying for a job for the first time. After this, all responsibility for making entries in it and preserving it rests with the authorized employee of the personnel department.
The labor document is a strict reporting form, so it is stored separately, in a specially designated place. Usually this is a metal cabinet or a safe installed in the personnel department. Access to work books is extremely limited. Therefore, they are issued only to the owners in certain cases and in compliance with the established procedure. For example, upon dismissal, to obtain a visa (foreign passport) or for compulsory social insurance of a citizen (Article 62 of the Labor Code of the Russian Federation).
In other cases, upon a written application from the employee, a copy, and not the original, of the work report is issued. A copy will be certified and issued to the applicant free of charge. In situations where the original is required, the employee (other authorized person) to whom it is issued, as a rule, writes a receipt confirming receipt of the work book.
Is a receipt for receipt of a work book required upon dismissal of an employee?
In order to understand when and how this notice is drawn up upon dismissal, you should refer to the procedure established by labor legislation. So, the rules for registering dismissal are directly determined by Art. 84.1 Labor Code of the Russian Federation. According to the requirements of this article, on the day of dismissal, the employer, among other things, is obliged to give the employee his work book. In turn, the dismissed person must put his signature on personnel documents (dismissal order, his personal card, etc.).
In addition, the employer often asks the dismissed person to sign the receipt issued when issuing the work book. It should be noted that issuing such a receipt specifically upon dismissal is not a generally obligatory action, and Art. 84.1 of the Labor Code of the Russian Federation it is not indicated. Nevertheless, the employer has the right to do so if he deems it necessary. Well, the dismissed employee has the right to refuse to sign (or write) a receipt. If the employer refuses to sign, following the general procedure, he can simply draw up an act of refusal, and then attach it to the book of registration of the movement of work books.
This measure is understandable and generally justified. But a logical question arises: why does the employer need all this if, according to the Labor Code of the Russian Federation, drawing up a notice upon dismissal is not required? The answer turns out to be banally simple: such a notice upon dismissal is a kind of safety net for the employer. On the one hand, it completely relieves the employer of responsibility for late issuance of a work book upon dismissal. On the other hand, in this way he, as it were, insures himself when dismissing a “problem” employee and excludes in advance any third-party fraud with the work book.
It should also be noted that there are certain situations in which a dismissed employee cannot come to the HR department to receive a payment, pick up a work book, or perform other required actions. Then the dismissed person has the right to instruct his authorized representative (authorized representative) to do all this in his place. The fact of transfer of relevant powers to a representative, as is customary, is formalized by a power of attorney certified by a notary.
Only after this, this representative, vested with the necessary powers, has the right to receive money for the dismissed person, a work book and perform other actions that accompany the registration of dismissal. The receipt is no exception. Under these circumstances, it will be drawn up and signed by an authorized representative who has a certified power of attorney.
Work books: storage
The rules for maintaining and storing work books are approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. The storage location is usually the personnel department or accounting department of the company, that is, the department responsible for registration for work and dismissal.
Work books and inserts are taken into account in a special Accounting Book. It records all work books received from employees upon their entry to work and issued to employees who have no previous work experience. When a new form is issued to employees without work experience, the employer, at their request, makes a deduction for the work book from wages in the amount of the cost of the form.
How to independently and correctly write a receipt for receiving a work book
The receipt, regardless of the situation, is drawn up by the employee himself (the recipient of the document) in any form or according to a template used in the organization. There are no special requirements for its writing or design.
When writing receipts independently, compilers are guided by the general rules for creating documents, the current system of standards used in documenting and organizing work with documentation. First of all, the following elementary norms are taken into account:
- the receipt is written by hand or printed on a computer;
- use a standard sheet of paper in A 4 format or the organization’s letterhead;
- errors are excluded, and the text is written in legible handwriting.
Important! The receipt written upon receipt of the work book is issued in one copy. It is left in the personnel department, where it is then attached to the employee’s personal file.
As for the content of such a document, a number of information must be included in it.
What should be included in the contents of the receipt? | ||||
Name of the organization, full name of its director | Date of compilation | Full name of the compiler, his passport details, registration address | Details of the work book, purpose, reason for issuing it | Compiler's signature with transcript |
This is the minimum information that is considered to be present in almost any receipt. Other information is recorded as necessary and available. For example, if a receipt is submitted by an authorized representative, then it must indicate the details of the power of attorney on the basis of which he acts on behalf of the employee.
In a situation where, along with the work book, the employee is issued other personal documents, it is advisable to note this fact of issue in the receipt. If in any doubt, an employee can always turn to a HR department employee for help in drawing up a receipt or ask him for a ready-made sample.
The role of the receipt
Responsibility for the safety of the work book rests with a specialist in the personnel department of the employing organization - in the event of damage or loss of the document, this employee is obliged to restore it at his own expense.
That is why all actions with the work book are recorded in a special accounting journal, and if it is handed over to the owner, then he must write a receipt about it - thus, with the help of this document, responsibility for the maintenance and preservation of the work book passes to him.
Recommended “universal” form for receipt of a work book
When developing your own document, you can be guided by the following general template of a receipt for receipt of a work book. It is compiled on the basis of information that must certainly be included in the receipt.
To the director of (name of organization)_________________
(full name of director) _______________________________
Receipt
I (full name) ________________, passport No. ____ series ______, issued by (specify by whom and when) _________________________________________, registered at (specify address) ________________________________________, I confirm that I received from (specify the name of the organization) _______________________ the original of my work book (specify its details ) _______________ due to dismissal (specify another reason).
The received work book is properly executed. I have no complaints about its design.
(Date of receipt) __________ (Signature) ____________ (Transcript) ____________
By analogy, you can draw up a receipt for receipt of a work book for submitting it to the social insurance authorities and for other purposes. But then the document will need to record the actual purpose of its use, as well as the specific date (term) of return.
For example, if the original work record is required to submit it to the branch of the Pension Fund of the Russian Federation for the purposes of recalculation and accrual, then you need to add: “I undertake to return the received work book (mark its details) within 3 working days. days after return."
Receipt for receipt by close relatives
It is necessary if an employee dies. The form is issued to the relatives of the deceased on the basis of an application, to which are attached copies of certificates confirming family ties with the deceased employee. When issuing a TC, be sure to indicate the details of the relative to whom it was issued.
How to draw up a receipt for receiving labor for your relative
If a relative receives a work book instead of an employee and a receipt of receipt is required, then it must be drawn up by the recipient, i.e. the relative himself. In the body of the document he will need:
- indicate your full name, passport details, residential address;
- further, accordingly, confirm the fact of receipt of the work book;
- sign the document and indicate the date of its receipt.
The information listed will be quite sufficient. Let’s say a husband receives a work book for his wife. When drawing up a receipt, he can confirm the fact of receipt of the work with the following wording.
Receipt for receipt of work book
I, Berezhevsky Nikolai Mikhailovich, passport series 46 05 No. 12312, issued by the Khimki District Department of Internal Affairs of the Moscow Region. 03/02/2017, registered at the address: Khimki, Moscow region, st. Belova, 1, apt. 2, I certify that I received from Forpost LLC the work book of my wife Valentina Svyatoslavovna Berezhevskaya. I have no complaints about its design.
09/17/2022. Berezhevsky (Berezhevsky N.M./
It is recommended to write such a receipt manually on a standard sheet A 4. Next, it should be given to the responsible employee of the HR department.
Who composes?
The HR inspector draws up a receipt if the organization is large and there is such a unit on staff. In small companies, the duties of a personnel inspector are usually performed by any of the office workers, who performs them along with other official duties.
This office employee keeps personal files, makes entries in them, as well as in the work books of those leaving or hired. The book issued to the owner is first photocopied in full , and after the receipt is issued, it is placed in an envelope with a personal file.
There are some features of storing and filling out a work book. It is very important to enter records about an employee’s hiring, awards, education, and part-time work correctly, since if an error is made, it will have to be corrected.
Answers to frequently asked questions
Question No. 1: A working Muscovite must present his work record book to the fund branch. In the personnel department they tell him that he must first write an application for the issuance of the original, and upon receipt of it, write a receipt. How long will the work permit be issued and for what period?
According to Art. 62 of the Labor Code of the Russian Federation, the employer must issue a labor certificate for 3 working days. days after the application is received. It will also need to be returned within 3 working days. days, after it is given by the social insurance authority.
Question No. 2: The employee did not receive work due to his absence on the day of dismissal. Soon he received a message that he should come to the personnel department for her or agree to send her by mail. The dismissed employee came to get his work book himself. When handing it over, an employee of the personnel department began to demand from him a receipt for its receipt. Is the employee required to write it or will he not be given a work permit?
No, I don't have to. He can write a receipt or not, this is his right, but not his obligation. But in any case, they should give him a work book. The employer has no right to delay its issuance, citing the absence of a receipt, since this is contrary to the law.
When to apply for a work book
Until 2015, it was possible to obtain the original work book for only one reason - dismissal. Both at their own request and on other grounds of the Labor Code of the Russian Federation. On the last day of work, the employer is obliged to hand over the original of this document and the due wages. And violation of such an obligation entails liability (complaint to the labor inspectorate, statement of claim for recovery of wages), incl. with payment of a penalty regardless of the fault of such an employer.
Now, in addition to such grounds as dismissal, another opportunity has been added to obtain a work book - to apply for any type of pension and confirm the length of service for a pension. This rule is directly enshrined in the Labor Code of the Russian Federation. In this case, the employer does not have the right to refuse to issue the document to the employee. True, the employee is obliged to return it to the employer within 3 working days from the date of return by the Pension Fund branch.
In all other cases, the work book is not issued to the employee. This also applies to part-time work. An entry for additional work at a non-primary location is made according to different rules. Information from your work record may be needed. For example, to obtain a loan, a passport, a visa to foreign countries, or receive subsidies. In such cases, prepare an application for work-related documents and ask for an extract from the work record book. Such a document must be issued within 3 days from the date of receipt of the employee’s written request.
Common mistakes
Error No. 1: While filling out the work book, an error was discovered in the entry. Due to the fact that it takes time to correct the error, the employee was invited to receive the document the next day and asked to write a receipt for receipt of the documents. The employee refuses. Who is right?
Comment : The employer is obliged to issue a work book to the employee upon dismissal on the day of termination of the employment contract (Part 4 of Article 84.1 of the Labor Code of the Russian Federation). Delay in issuing documents leads to financial liability on the part of the employer (in the amount of lost earnings).
Error No. 2: The documents of the resigning employee were transferred to the immediate supervisor, who promised to take a receipt for receipt of the documents, but did not bring them due to loss. What to do in this situation?
Comment : In accordance with the Federal Law “On Personal Data” dated July 27, 2006 N 152-FZ, such documents must be transmitted only in person. A receipt is a document that is not mandatory, but is entered at the discretion of the employer to protect against various checks.
Can an employer refuse to issue documents?
In the event of termination of the working relationship, the employer is obliged to issue to the subordinate all required documents on the day of dismissal (parts 4-6 of article 84.1 of the Labor Code of the Russian Federation, paragraph 35 of the Resolution). Otherwise, the organization must reimburse the employee the average earnings for all days of delay. To do this, it is necessary to issue a new dismissal order and make another entry in the work book indicating the date on which the official papers were actually issued.
In other cases, except for the above and those given in Art. 62 of the Labor Code of the Russian Federation, the employer has the right to refuse to issue papers.
Conclusion
The company needs a receipt, because when checking, the absence of the original of this document is considered a violation , because the employee did not quit and continues to be on the list of employees. Despite the fact that the document is issued temporarily, you will also have to sign the date the work book
Perhaps in the future, such a document as a work book will not exist at all , if information about harmfulness, length of service, and payment of deductions will be available on the display to every personnel inspector, but for now this document is extremely important .
Always kept in the employee’s personal file, this book cannot simply be handed over irresponsibly ; a receipt will be required. A receipt is drawn up in free form, by hand, the main thing is that this document is written correctly and legibly .
Sample certificate of receipt
It is important to draw up the receipt without corrections, significant violations, in clear handwriting or printed font , only in this case it is recognized as valid. It is best, of course, to write by hand, since in case of any disagreement, a graphological examination of the authenticity of the certificate may be ordered. A receipt is drawn up in a single copy, which remains at the enterprise. The personnel employee places it in the employee’s personal file, which is being prepared for filing in the archives.
Professionals recommend, in addition, that you attach to the receipt a copy of each page of the issued book, certified by the seal of the operating enterprise. If it is necessary to issue a duplicate due to the loss of the original, such a copy will become a real “lifesaver”.