How to issue a work book in 2021
Due to the introduction of electronic work books in 2022, paper formats are gradually losing relevance.
Now, if an employee writes you an application to switch to an electronic work record book and issue a paper document in person, you do not have the right to refuse him. Moreover, you will no longer be responsible for maintaining and storing the form. How to arrange the issuance of a paper work book when switching to an electronic format?
- Receive an application from the employee to switch to an electronic version of maintaining a work record book. A sample application can be found here.
- Enter into the paper work record the issue of the work book. For a sample of such a record, see this material .
- Give the paper document to the employee - no later than three working days from the date of submission of the application for refusal to maintain a work record book, and if the application is submitted less than three working days before dismissal, then no later than the date of dismissal (clause 35 of the Procedure for maintaining work records, approved. by order of the Ministry of Labor dated May 19, 2021 No. 320n).
- At the request of the employee or upon his dismissal, provide him with information about his work activity in the STD-R form.
Let's consider the procedure for issuing a paper work record to an employee in the case when he decides to continue maintaining paper work records, but for some reason wants to pick up the document for a short period of time.
Regulatory documents
As you know, the first and most important legislative act in the sphere of labor relations is the labor code of our country. It contains all the fundamental rules and requirements on which all labor law is based. The Labor Code did not ignore the issue of issuing work books.
A few years ago, the only article that reflected the procedure for issuing work permits was Article 62 , which states that upon dismissal, the employer or HR department employee issues a work permit to the employee, and can also provide other documents.
Today, changes have already been made to this article, and the updated labor code entered into force on January 1, 2015.
Article 62 has added the basis that the HR department employee and the employer must also issue a work book to the employee if the employee has drawn up a corresponding application. Then the responsibility for storing and returning the work book falls entirely on the shoulders of the employee, including in the event of the employee losing the work book.
But, unfortunately, the innovations were not reflected in any other regulatory legal acts except the labor code.
The most important regulations, which specifically related to the issue of storing work books and filling them out, did not change their articles even in part.
But let’s hope that soon changes will be made to the instructions for filling out work books for HR department employees, as well as to the rules for maintaining and storing work books, which are enshrined in Resolution of the Government of our country number 225.
Below you see the text of Art. 62. Labor Code of the Russian Federation:
When is it possible to issue a work book in person?
The legislation mentions 2 “legal” cases of issuing a work book to an employee:
- Return of the book to the person resigning on the last day of work (Article 84.1 of the Labor Code of the Russian Federation). The main working document is issued along with other mandatory papers and certificates on the same day when the settlement with the employee is made.
Is it possible to send a work book by mail? Read this article.
And about what happens if the book is not given to the employee, find out from the material “They did not issue the work permit to the dismissed employee on time - will you have to pay?”
- At the request of the employee for the issuance of a work book in person (Article 62 of the Labor Code of the Russian Federation), if the original is required to be presented to the compulsory social insurance authority (usually for registration or recalculation of a pension). To apply for a pension, the employee needs the original work book. This is the main document that confirms the period of work under an employment contract (clause 11 of the Rules approved by Decree of the Government of the Russian Federation dated October 2, 2014 No. 1015). The HR officer is obliged to issue a work permit within 3 working days from the date of receipt of a free-form request from the employee. The same 3 days are given for returning the book to the employer - they are counted from the date on which the Pension Fund returns it to the employee.
Neither the Labor Code of the Russian Federation nor any other legal acts mention other cases of issuing a work book.
Issuance of copies and extracts
The employer is required to issue copies of documents related to the work activities of citizens in the organization. This is carried out upon a written application from the employee, drawn up in free form. It may be similar to the example above, only you should ask not for the work book itself, but for a copy or an extract from it. The organization is given 3 days from the moment the representative of the enterprise receives the citizen’s appeal.
It is important to know! Most often, this procedure is used when a person enters into a relationship with a banking organization. It is she who requests documents confirming employment in order to assess the risks when issuing a loan, concluding a mortgage agreement, and so on.
What happens if you hand over a work book based on an application?
The employee really needs the original work book, but he is not resigning and does not intend to apply for a pension. Should we meet him halfway? There is no clear answer in the legislation. This means that there is neither permission nor direct prohibitions on the issuance of a work book at the request of an employee in situations not listed in Art. 62, 84.1 Labor Code of the Russian Federation.
However, it is worth clearly understanding: if you give an employee a work book, it will not be him who will be responsible for its safety, but the one who is authorized by the order to maintain and store work books (clause 42 of the Rules for maintaining work books). Even if the HR department has a receipt from the employee. In other words, issuing a work permit, especially in cases not prescribed in the Labor Code of the Russian Federation, is a risk.
If you need to appoint someone responsible for maintaining work records, use the sample order from ConsultantPlus. Trial access to the legal system is free.
Read about the employer's liability for the loss of a work book here.
Transfer of documents upon dismissal
The general rule, which is the employer’s obligation to issue the original work book on the employee’s last working day, while simultaneously making all the necessary calculations (vacations, wages, benefits, etc.), has already been discussed above. Now let's move on to alternative options provided in case it is impossible for the owner of the document to appear in person.
One of them is a detailed power of attorney, which allows another person to undergo the procedure. There are no restrictions on the circle of chosen ones by law, so all that remains is to come to an agreement with your friends and fill out the documents correctly.
In addition, there is a procedure described in Article 84.1 of the Labor Code of the Russian Federation. It consists of the mandatory sending by the administration to the former employee of a notice of the need to appear to receive a document or to give consent for its delivery by mail, if the latter did not appear to make payments on the required day. This point is associated with the termination of the employer’s responsibility for the safety of the work book and the delay in its issuance.
A citizen has two options: respond with written consent and wait for the document at the post office, or appear in person within the next 75 years. This is exactly how long, in accordance with the order of the Ministry of Culture dated August 25, 2010 No. 558, the work book should be kept by the responsible person.
An application for issuing a work permit has been received - how to issue a book?
The legislation does not explain how to document the temporary issuance of work books, including for the case permitted by Art. 62 of the Labor Code of the Russian Federation (for presentation to the social insurance authority). In order to justify the legality of temporary issuance, we recommend obtaining a supporting document from the employee. For example, a receipt drawn up in free form.
The wording could be like this:
Insert the received receipt into the workbook movement book.
In order not to “hoard” receipts, you can create a separate journal in which cases of temporary issuance of work books will be recorded: the employee will sign in it upon receipt of the book, and the personnel officer will sign when it is returned.
IMPORTANT! When handing over the labor document, keep a copy for yourself. If an employee loses the original, it will be much easier to collect paperwork to obtain a duplicate. And if you decide to issue books in cases not provided for by law, be sure to write down the return deadlines in local documents.
Read more about this and other issues related to the rules for maintaining and recording work books in our special section. You will find the latest news, detailed instructions, explanations from officials and advice from experienced experts.
To assign a pension
When is document preparation required?
The book is issued upon application if the employee requires it to assign a pension .
According to the adopted law, from January 1, 2015, an employer does not have the right to refuse to issue a book to an employee.
The Pension Fund and OVRI do not accept copies of documents . Only originals are provided to these institutions. The process is carried out on the basis of a previously drawn up application in accordance with Art. 62 Labor Code of the Russian Federation.
The form of compilation is arbitrary . But some businesses may offer standard forms to fill out. In the application, you must fill in your personal information, indicate the purpose of issuance and sign it after receiving the book.
Important! The purpose of issuing the book is indicated only when the document is necessary for the assignment of a pension. In the rest, the employer cannot demand that the reason be disclosed .
Three working days are counted from the moment the book is received , during which it must be returned to the place of work. To prevent the employee from being overdue, the employer can take a receipt for the return from the employee.
The application is filed in a folder, and the issue of the book is registered in a special journal . Often this is a book in which records of the movement of work books are kept.
Sample application for obtaining a work book.
Receipt form for receipt of a work book by an employee.
Results
Electronic work books have been introduced since 2022.
Employees have the right to choose the document format: electronic or paper only. In the first case, make a corresponding entry in the paper work record and give it to the employee. From this time on, you are no longer responsible for its maintenance and storage. When issuing a work permit in other cases, be sure to document everything and be on the safe side. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Let's sum it up
- The original work record book is issued to the employee in 2 cases: upon dismissal and for submission to the Pension Fund of the Russian Federation upon assignment of a pension.
- The work book must be issued within 3 working days from the date of receipt of the relevant application from the employee.
- An application for the issuance of an original work book is drawn up in writing in free form or according to a sample provided by the employer.
- The employee must return the book to the employer within 3 working days from the date of its return by the territorial branch of the Pension Fund.
How to make an application correctly?
The issuance of a work book begins with the preparation of an application. It is a correctly drawn up document that is the key to the fact that you will be given a work permit, but how to draw up an application correctly, since the legislator has not provided an established uniform form for this?
The first step is to contact your organization's HR department. Find out how to fill out this application and if there are any rules or guidelines. If they tell you that such a statement is drawn up in any form , feel free to start drawing it up. If there are rules, remember them well or draw up an application under the close supervision of a personnel department employee.
But we will analyze the first option, where the application is drawn up arbitrarily, because in fact, even if the organization has its own requirements for the application, they are not generally binding for all employees.
So, let's start with the fact that the application is drawn up on A4 sheet. In its right corner is written the name of the organization, as well as the name of the employer, because it is him who the employee addresses through the application. Also in the same right column, the employee indicates his position, as well as his first and last name.
In the middle of the line the word statement is written in capital letters . Then they begin to explain the reasons why the employee suddenly needed a work book.
If there are links to articles and legislative acts, they must be indicated. It is also necessary to write a statement, citing truly worthy reasons.
At the end of the application, the date and signature of the employee are placed. If the application is accepted by the HR department, it will be stamped with the organization's seal.
Also, the general rules for filling out an application are the absence of errors, writing in clear, neat handwriting or printing on a computer.
Is it possible to receive someone else's work book by proxy?
Receiving a work book by proxy is only agreed upon if the employee is fired and cannot obtain such an important document himself. A representative from an employee comes to the organization and receives a work permit, providing a power of attorney signed by the employee for review.
But as for the issue of granting a power of attorney to obtain employment for another reason, the question remains open. The legislator in his articles does not prohibit this action or permit it.
Therefore, the HR department employee or the employer must independently decide whether they will take such a risk as issuing a work book by proxy.
Power of attorney to receive a work book by another person - sample form.
