Application for issuance of documents upon dismissal: writing rules and sample

If the employment relationship is officially terminated, the resigning citizen must receive all the necessary documentation confirming his work with a specific employer. Article 62 of the Labor Code of the Russian Federation stipulates that such papers must be issued by management within three days on the basis of a written application from the employee himself.

Part 4 of Article 84.1 of the Labor Code of the Russian Federation stipulates that the employer issues certified copies of documents on labor activity to the employee upon dismissal. The basis for this is the corresponding statement. This norm also stipulates that the employer must pay the departing employee in full by returning his work book. All these actions must be carried out by the management of the organization directly on the day of the actual dismissal of the working citizen.

Do I need to write a statement?

When terminating a contract with an employee on the last day, the employer issues him a work book and a final payment under Art.
140 Labor Code of the Russian Federation. This is provided for in Part 4 of Art. 84.1 Labor Code of the Russian Federation. Typically, the issuance of the necessary papers occurs by verbal agreement. When this is not enough, the employee writes a request for the issuance of work-related documents. Work papers are used for different purposes:

• for legal proceedings (on recovery of wages, on reinstatement, on disciplinary sanctions);
• for social security authorities when receiving benefits and compensation,
• for the Pension Fund of the Russian Federation when assigning pensions;
• for the employment service, etc.

IMPORTANT!

The employee is not obliged to explain to the employer the purpose for which he is asking for information about his work activity. He has the right to use them at his own discretion.

What documents can be requested from the employer?

When terminating a contract with an employee, the employer is required to issue some documents without an application. Among the required papers:

• work book (if you have not abandoned the paper version);
• medical record (if available);
• extracts from the reports SZV-M and SZV-STAZH;
• data on the length of service and work activity of STD-R;
• pay slip (part 1 of article 136 of the Labor Code of the Russian Federation);
• salary certificate in form 182N (clause 3, clause 2, article 4.1 No. 255-FZ);
• calculation of insurance premiums for the last quarter of the DAM;
• extract from DSV-Z (if there were contributions for the funded part of the pension).

The request will have to be submitted if certificates are needed - on income 2-NDFL, on average earnings for the employment service, copies of SPV-2 (for the Pension Fund of the Russian Federation upon retirement of a citizen), etc. The main ones are indicated in Art. 61 Labor Code of the Russian Federation:

• copies of employment orders;
• about transfers to another workplace;
• about termination of the contract;
• extracts from the work book;
• certificates of salary, period of employment in this company, social insurance contributions.

IMPORTANT!

The law does not limit the list of documents that an employee has the right to request from an employer. The only requirement is that they must concern the applicant personally, indicating his last name.

Documents must be registered with the organization and certified by the signature of the director or other authorized person. Copies include information about where the original is stored.

If an employee wishes to write an application for the issuance of documents related to work under a GPC agreement, it is necessary to remember: this type of work is regulated not by the Labor Code, but by the Civil Code of the Russian Federation. Consequently, the law does not oblige such citizens to be issued documents on work activities. An exception is certificates of income and the amount of tax withheld from them (Article 230 of the Tax Code of the Russian Federation).

What documents should be given to an employee upon leaving?

Article 84.1 of the Labor Code of the Russian Federation approves the conditions for termination of labor relations. On the last working day, the employer must give the dismissal a work book and finally pay it in accordance with Art. 140 Labor Code of the Russian Federation. In addition, subject to written request, he must provide signed copies of papers relating to the former employee. Thus, the Labor Code of the Russian Federation speaks of the unconditional issuance to the worker of all documents requested by him.

Article 140 of the Labor Code of the Russian Federation. Payment terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

In case of dismissal, the company:

1. Returns work and medical records.
2. Issues a payslip, a salary certificate for the last two calendar years, extracts from the reports SZV-STAZH and SZV-M, a copy of section 3 of the calculation of insurance premiums for the employee, information from the register of insured persons in the form DSV-3 (in case of payment of additional contributions to the funded part of the pension).
3. Issues documents at the request of the employee: 2NDFL, copies of orders for employment, transfer, dismissal, promotion, salary certificate for the employment service.

How to write an application

There are no standardized forms in this case. But in order to determine how to correctly draw up an application for a certificate of employment, it is enough to draw it up according to the general rules of office work. Draw up on A4 sheet on the computer or in handwritten text.

Compile it in writing, indicating the following information:

• to whom - addressed to the head of the company (full name and position);
• from whom - personal data of the applicant;
• Title of the document;
• please provide references (list them);
• date of the request and signature of the citizen.

In the main part of the text, state the basis, for example, in connection with “retirement” or “in connection with dismissal”, then a request for the issuance of the necessary papers and a link to Art. 62 and 84.1 of the Labor Code of the Russian Federation, which allow this to be done. You must sign in person, with a ballpoint pen, even if the request text is printed electronically.

ConsultantPlus experts have sorted out what documents and within what time frame must be given to an employee upon dismissal. Use these instructions for free.

Sample application

This is an example of an application form for the provision of character references and salary certificates upon dismissal.

And this is a sample request for a certificate upon retirement.

How to submit a request?

1. In the upper right corner of the sheet you need to indicate who the application is intended for (in the dative case): full name, position of the manager and name of the organization.
2. Next, you should indicate who is submitting the application: full name, position, address and contact information.
3. The title of the application is “Application for the issuance of work-related documents.”
4. The text of the statement may be something like this: “In connection with the dismissal and on the basis of Art. 62 and 84.1 of the Labor Code of the Russian Federation, I ask you to give me documents related to my work, namely (indicate an approximate list of documents):
   • a copy of the employment order;

   a copy of the dismissal order;

5. a copy of the promotion order;
6. a copy of the employment contract;
7. certificate of salary for the employment center;
8. certificate in form 2NDFL;
9. a certified extract from the work record book (read about what a copy of the work record book is and when a dismissed employee needs it here).

Date of application, signature.

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How and when to submit an application

An employee has the right to receive documents about his work activity at any time: on vacation, on sick leave, but most often upon dismissal. If it is not possible to submit an application to request documents from the employer in person, he has the right to send it by registered mail with notification. In any case, when submitting to the name of the manager, it is necessary to register the application in the order of office work. To do this, the HR officer indicates the number on the request and records it in the incoming documentation log. It is necessary to write the application in two copies so that one remains with the company and the other (with registration number) with the employee. All documents upon dismissal are issued on the employee’s last working day.

How long does it take to process an application for work-related documents?

The employer cannot ignore the application received by him. Moreover, regardless of the organizational and legal form: whether it is a state body, a budgetary institution, LLC, CJSC, individual entrepreneur, etc.

Documents certified by the seal and signature of an authorized person are provided within 3 working days. Moreover, in the list indicated by the employee. That is why the application must be made in writing. It is advisable to submit it through the secretariat or under the signature of a manager (secretary, assistant, personnel employee).

If the employer violates his duties and does not respond to the employee’s request, depending on the situation, file a complaint with the labor inspectorate or try to negotiate peacefully if you continue to work there. If the statute of limitations for labor disputes is already running out, file a claim. As part of the consideration of the case, file a petition to obtain evidence, attaching a second copy of the application for documents related to work, and the employer will be required to respond to the court request.

What to do if the employer ignores the application

If the company ignored the request or violated the deadline for issuing documents, the employee has the right to file a complaint with the Labor Inspectorate or the prosecutor's office. For such violations, the organization and the head of the company face penalties (under Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The organization will have to pay a fine of 30,000 to 50,000 rubles (for a repeated violation, the amount will increase to 70,000 rubles). The inspection authorities have the right to impose on the manager from 1000 to 5000 rubles, and in case of repeated violations from 10,000 to 20,000 rubles or a ban on conducting activities for a period of 1 to 3 years.

Why do you need the STD-R form?

STD-R is one of two forms intended for issuing information about work activity to an employee who has chosen the electronic option of maintaining a work record book. Both forms (and the rules for filling them out) were approved by Order of the Ministry of Labor of Russia dated January 20, 2020 No. 23n, but they are used by different compilers:

• STD-R is formed by the employer in relation to the period of work with him;
• STD-PFR is created in the Pension Fund according to data accumulated electronically.

If you have questions about filling out the STD-R, you can find answers to them in ConsultantPlus.
Full and free access to the system for 2 days.

For an employee who refuses to keep a work book on paper, registration of STD-R is equivalent to transferring to him:

• upon dismissal - a work book in hand (in relation to STD-R, this fact should also be recorded in a special accounting journal);
• during the period of work - extracts from the work book confirming the fact of employment.

Issuance of STD-R (Article 66.1 of the Labor Code of the Russian Federation):

• upon dismissal, it is mandatory and is carried out on the last day of the employment relationship;
• during the period of work, it is done only at the written request of the employee (it can be submitted not only on paper, but also electronically) and is issued within 3 working days from the date of submission of the application.

In both cases, the document issued can be in either paper or electronic form (the employee must choose it). The employer must certify the electronic document with an enhanced qualified electronic signature.

If it is not possible to hand over the STD-R on the day of dismissal, then the employee is sent a notification with a request to receive the document or express consent to send it by mail. It should be borne in mind that such sending abroad cannot be carried out (Letter of the Ministry of Labor of Russia dated September 17, 2019 No. 19-1/OOG-210).

Sample of filling out STD-R upon dismissal

STD-R consists of information about:

• employee (full name, date of birth, SNILS);
• employer (PFR registration number, name, TIN, KPP);
• the chosen method of maintaining a work book (with the date of filing the application for it, if such an application was submitted to the employer compiling the STD-R, otherwise this information is not provided);
• employee's work activity.

The composition of data on labor activity, in general, corresponds to those used in a paper work book, as well as reflected in the SZV-TD form, used for submitting information collected electronically to the Pension Fund of the Russian Federation:

• serial number of the record;
• Event date;
• the essence of the event (to reflect it, the definitions “Admission”, “Transfer”, “Renaming”, “Establishment” or “Assignment” and “Dismissal” are used);
• information about the labor function (the corresponding position, profession, specialty, qualification or specific type of work) and about the department that becomes the place of work, a record is made here about the change in the name of the employer;
• a code corresponding to the function performed - in 2022 it does not need to be shown, and from 2022 it will be entered into the form only by those employers who decide on the need to apply professional standards (clause 2.4 of Order No. 23n);
• reason for dismissal with reference to the provisions of the Labor Code of the Russian Federation;
• details of the organizational and administrative document (name, date, number);
• a mark on an entry that cancels (corrects) one made earlier is carried out by placing the “X” sign in a separate column, and when correcting an entry, it must be entered twice, noting both the corrected and the corrected entry.

The preparation of the STD-R is completed by its certification by the signature of an authorized person with a decoding of his position and full name, as well as a seal (if any) and the obligatory affixing of the date of creation.

Sample STD-R upon dismissal