Power of attorney to receive salary from another person - sample

Is it possible to transfer the right to receive salary to another person?

Yes, the employee has the right to transfer the right to pay wages to any other person, provided that he is a capable person.

To entrust another person with receiving wages, you must issue a power of attorney for him. You can compose it on your computer, print it out and sign it. You can write by hand on a regular piece of paper with subsequent personal certification.

The power of attorney form must contain clear powers of the authorized person, as well as the place of presentation of this document.

As a rule, the need for such registration arises in cases where an employee cannot receive the money due for any reason - being on a business trip, illness, departure, vacation or other reason that prevents him from personally coming to work and receiving his salary.

In practice, in modern times, non-cash forms of remuneration are common, when the accounting department transfers money to staff on bank cards. In this case, there is no need to issue a power of attorney.

It is possible that you need to change the details of the card to which the salary is transferred, but in this case a power of attorney is not needed. It is enough to submit an application at your place of work to change your payment details for payment of wages.

A power of attorney is written exclusively in cases where another person must personally come and receive wages in cash.

The role of the power of attorney

Any work must be paid, and the worker can receive payment either personally in the company’s accounting department, or by transferring earnings to a personal salary card. The second option has recently become the most popular. This is due to its convenience: it does not require any extra effort on the part of the employee, everything happens automatically.

However, sometimes, for some reason, such methods of paying wages are impossible. For such cases, the law provides for the possibility of receiving wages through an authorized person presenting a written power of attorney.

Power of attorney to receive salary

Such a document, drawn up in accordance with all the rules, gives the authorized person the authority to take actions to receive a salary or other payments related to the citizen’s performance of his labor functions. Powers of attorney of this type do not require notarization, in addition, their special form is not provided - they can be drawn up in simple writing.

However, in any case, the power of attorney to receive wages must contain a number of points, most of which are mandatory:

1. The date it was compiled. In accordance with Art. 186 of the Civil Code of the Russian Federation, a power of attorney that does not indicate the date is considered void, and the nullity of a power of attorney means that it does not entail any legal consequences for the persons specified in it.
2. Place of execution of the power of attorney. Although fulfillment of this requirement is not mandatory by law, in practice the locality in which the document was drawn up is usually indicated.
3. Information about the principal. This capacity is performed by an individual performing labor functions under a contract. The information, in addition to your full name, indicates your date of birth, passport details, and registration address.
4. Information about the authorized person (indicated similarly to the previous paragraph).
5. Description of the order. In our case, this is receiving a salary for a certain period in a certain organization (with a specific employer).
6. Personal signatures of the principal and the authorized representative. The signature of the second is necessary for comparison if necessary, and the principal, with his signature, certifies the power of attorney to receive wages, giving it legal force.
7. Validity. This clause is also not mandatory, but in most cases (especially if you know the period for which you are going to give the representative the right to perform the functions reflected in the power of attorney) it is better to indicate it. If the validity period of the power of attorney is not directly indicated, then it is calculated as one calendar year (Clause 1 of Article 186 of the Civil Code of the Russian Federation).
8. An indication of the possibility of transfer of trust or lack thereof. If the power of attorney does not contain a direct indication of the right of subrogation, then it will be considered issued without it.
9. Notes on certification by other persons. These marks may not exist, but when a document is certified by a person authorized by law, the relevant data is indicated at the very end of the power of attorney and indicates its validity. Paragraph 3 of Article 185.1 of the Civil Code of the Russian Federation states that powers of attorney to receive wages or other payments can be certified by the employer of the person who issued the power of attorney, the administration of the educational institution in which the principal is studying, or the head (other authorized persons) of the medical institution, in where the citizen is undergoing treatment. It is important to emphasize that this is an optional requirement, and the legislator establishes this possibility only as a right of the principal.

A power of attorney can be issued to a representative so that he can present it at the place of request, or it can be submitted directly to a third party (in our case, the employer), who will issue funds.

Thus, it is not difficult to draw up a power of attorney to receive a salary - the sample presented on our website will help you do this. You can also use the power of attorney form to fill out.

Does an employer have the right to refuse to receive a salary by proxy?

According to the law, if a power of attorney is drawn up in accordance with all the rules, endorsed by a notary and presented on time, the employer does not have the right to refuse to pay wages to its bearer.

The only condition: simultaneously with the power of attorney, the employee’s representative must provide the cashier with his passport (or other document proving his identity).

When checking a power of attorney, the employer's representative must check all the data from it with the information from the proxy's passport in the most careful manner. You should also pay close attention to the signature of the principal himself: it must be certified by the head of the personnel department or another employee of the enterprise who has a document at his disposal that allows him to compare signatures.

It would be good if, before sending his representative to collect his salary, the employee of the enterprise finds the opportunity to warn the employer that he will not be able to personally receive the money he earned. This will avoid misunderstandings and unnecessary suspicions.

Who can you trust to receive your salary?

If it is impossible to receive wages, a self-employed citizen can issue a power of attorney to another person. You can only grant such authority to a legally capable person whom you trust. This person could be, for example, a relative, friend or colleague.

It is also possible to issue a power of attorney with the right of substitution, however, we do not recommend issuing such a document in case of receiving a salary.

The person to whom the power of attorney was issued to receive wages is responsible for the funds received until they are transferred to the principal.

Design example

The power of attorney can be written by hand or drawn up on a computer.

Power of attorney. 02/1/2017, St. Petersburg.

I, Ivanov Maxim Petrovich, born 02/10/1973, series and number 1708 423197, issued 06/9/2002 by the department. FMS of Russia Leningrad region, code No. 223-912, I live at the address: St. Petersburg, st. Stroiteley, 12, apt. 1. I trust

Antipov Oleg Sergeevich, born December 8, 1981, passport 1298 127442, issued on September 13, 2005 by the Federal Migration Service of Russia for the Leningrad Region, code No. 197-264, residing at the address: St. Petersburg, st. Yubileinaya, 76, apt. 2

receive my salary in the period from 02/1/2017 to 03/1/2017 at Rassvet LLC, located at St. Petersburg, st. Dzerzhinsky, 76.

The power of attorney was issued for a period of 1 month.

Signature (Ivanov Maxim Petrovich). Signature (Antipov Oleg Sergeevich).

I, Igor Dmitrievich Prokhorov, head of military unit No. 76342, confirm that the power of attorney was drawn up in my presence personally by Maxim Petrovich Ivanov and was checked for compliance with the personal data of both parties.

Signature of a third party and seal of the institution.

You can download the completed power of attorney form here.

How to write correctly?

An individual who has entrusted his salary to another citizen must fill out the form correctly.

The document displays the following information:

• The power of attorney must contain the date of completion, otherwise the form will not be valid.
• In paragraph 1 of Art. 186 of the Civil Code of the Russian Federation notes that a power of attorney without a specified validity period is possible and its duration is equal to one year from the date of signing.
• Both the principal and the attorney must sign the form.
• If necessary, the employer has the right to certify the form with a personal signature.

Information for the document

The possibility of carrying out a transaction by proxy, including the receipt of wages by a representative, is provided for in Art. 182-189 of the Civil Code of the Russian Federation. These articles reflect the features of representation by power of attorney, as well as the requirements for the power of attorney itself.

Features of document preparation

1. power of attorney to receive salary
2. Completed sample power of attorney
3. Who verifies the power of attorney?
4. Contents of the power of attorney
5. Termination of a power of attorney and its consequences

Who verifies the power of attorney?

Power of attorney, according to Art. 185 of the Civil Code of the Russian Federation is a written authority to represent a trustee before third parties on behalf of the principal. Part 3 Art. 185.1 of the Civil Code of the Russian Federation provides a list of authorized persons who can certify a power of attorney to receive wages. Such persons include:

• The organization itself in which the principal works.
• Administration of the medical institution where the principal is undergoing treatment.

Such powers of attorney are certified free of charge.

The signing of a power of attorney on behalf of a legal entity is carried out by the first person of the organization, or by a person who has such authority on the basis of the constituent documents of the organization - Part 4 of Art. 185.1 of the Civil Code of the Russian Federation.

A power of attorney for minor children under 14 years of age can be issued only by their parents, guardians or adoptive parents - Art. 28 Civil Code of the Russian Federation. A power of attorney on behalf of an incapacitated person is issued by his legal representative - Art. 29 Civil Code of the Russian Federation.

Contents of the power of attorney

A power of attorney to receive wages must contain the following items:

• Full name and passport details of the principal and the person to whom the power of attorney is issued.
• Date of drawing up the power of attorney. According to Art. 186 of the Civil Code of the Russian Federation without the date of execution of the power of attorney, it is considered void.
• The period for which the power of attorney is issued. If the period is not specified, then it is considered valid for 1 year from the date of its commission - clause 1 of Art. 186 of the Civil Code of the Russian Federation. A notarized power of attorney issued to perform any actions abroad, without specifying the validity period, is considered unlimited and terminates when it is canceled by the principal - clause 2 of Art. 186 of the Civil Code of the Russian Federation.
• The scope of the powers of the trustee, that is, in this case, receiving wages monthly, or for a specific month.
• Signature of the principal.
• Signature of the notary or the person certifying the power of attorney indicating his official position.

If a power of attorney is issued with the right of substitution, this must be indicated in the power of attorney - Art. 187 Civil Code of the Russian Federation.

Important! If the person who transferred his powers does not notify the principal within a reasonable period of time about the transfer of powers to another person, then he is responsible for the actions of the person to whom he transferred the powers as for his own - Art. 187 Civil Code of the Russian Federation.

A power of attorney issued by way of delegation requires mandatory notarization. The validity period of a new power of attorney cannot exceed the period specified in the original power of attorney.

Repeated delegation, if this is not provided for by the power of attorney itself, is not permitted by law, and the powers of the representative who delegated the authority, unless this is stipulated in the power of attorney itself, are not lost by him.

Termination of a power of attorney and its consequences

The grounds on which the power of attorney is terminated are specified in Art. 188 of the Civil Code of the Russian Federation, these include:

• Expiration of the validity period specified in the power of attorney.
• Cancellation by the principal.
• Refusal of the authorized person from the powers granted by the power of attorney.
• Death of the principal, or recognition of him as having limited legal capacity, incapacity or missing.

The principal who issued the power of attorney and, for some reason, canceled it, is obliged to notify about this not only the authorized person for whom the power of attorney was issued, but also third parties for presentation to whom it was intended - Art. 189 of the Civil Code of the Russian Federation.

Instructions for filling

There is no single form of document, however, the power of attorney must include the following information:

1. Date of. Please note that an undated power of attorney has no legal force, which means that the person’s representative loses his authority.
2. Personal information about both parties to the agreement: full name, passport, residential address and registration address, if it does not coincide with the actual place of residence.
3. Indication of the purpose of the order and the organization to which the paper is presented. At this point it is necessary to register a request to issue money to the representative.
4. Validity. This information is not necessary. However, if the principal wants to clarify the period during which the representative will be vested with powers, then the exact date should be indicated. If the period is not specified, then the power of attorney will be valid for 12 months from the date of signing.
5. Possibility of transfer. If the ability of the principal to change the authorized person is indicated, then it will be impossible to re-entrust the document.
6. Signatures with transcript.
7. Certification: seal and signature of a third party.

There is no need to indicate in the document what kind of salary we are talking about - advance or principal amount. It is more expedient to simply determine the period within which the authorized person can receive payment for the principal’s work.

The power of attorney can also indicate the right of the responsible person to issue him bonuses, remuneration and other monetary deductions and incentives.

Read our article about what an advance is.

Example of a power of attorney to receive money (salary) in 2021

Sidorov I.I. for two months of 2021 he was placed in inpatient treatment. Advance and salary in the institution are issued at the cash desk twice a month. Money is needed to buy medicine, and the employee decided to give power of attorney to his wife to receive the salary.

Such a form must be completed in advance and provided to the employer, who will certify the document in the presence of both parties, after which the wife will legally receive her husband’s salary until his recovery.
This example shows only one situation in which an employee cannot come to the cash desk to purchase a salary. In life, one has to face many reasons that force a person to issue a power of attorney to carry out activities on his behalf to another person.

A power of attorney for the payment of wages and other accruals that have a relationship in the institution’s team can be certified by the head of the company in which the principal works or by the management of the university where he is studying, as well as by the management of the hospital where he is being treated. This form is certified free of charge.

Requirements for the document and its form

How to correctly fill out a power of attorney to trust another person to pay wages?

Let's consider the situations created.

Requirements for the form and its form:

• This form is usually filled out in any style.
• The document can be written manually or printed via a PC.
• The text part displays the essence of the content, displaying the rights received by the trusted person during the period of absence of the principal.
• Considering that the power of attorney is issued at the institution and certified by the head in the presence of both parties, there is no need to have the document certified by a notary.

Duration of the power of attorney

The power of attorney indicates the date of preparation, otherwise the document is considered void (Article 186 of the Civil Code of the Russian Federation). The principal can himself indicate the validity period of the power of attorney to receive a salary (for example, within a month) or not indicate it. In this case, the power of attorney will be valid for 1 year from the date of its preparation (Article 186 of the Civil Code of the Russian Federation).

Usually a power of attorney is drawn up to receive money on time. Therefore, we recommend specifying a specific period, covering, for example, several days sufficient for the authorized representative to receive wages.

A power of attorney to receive wages, like other types of powers of attorney, must contain a number of mandatory information, such as the date of preparation, full name. principal, attorney. This document will help you receive your salary on time if it is impossible to do it in person.

Basic rules when drawing up a power of attorney

Today there is no single correct, unified power of attorney template, so employees of enterprises and organizations can write it in any form. The only thing that must be taken into account is that the structure of the power of attorney complies with the norms for writing this type of paper from the point of view of office work and the rules of the Russian language.

In addition, there are a number of requirements that the document must meet in terms of content. It should include:

• personal information about the employee: his position, last name, first name and patronymic, name, address of the organization and structural unit in which he works, as well as passport data (series, number, place and date of issue);
• information about the authorized person: his full name, again passport details and the date of execution of the document (without it it will not acquire legal force);
• the period during which the power of attorney will be considered valid;
• a complete and most detailed list of all rights and powers of the principal’s representative, including receiving wages and the right to sign statements and other payment documents. If the amount to be received by the principal’s representative is known, it must be indicated in the document in numbers and words.

No inaccuracies or errors are allowed in the text of the power of attorney. If any such errors occur during the preparation of the document, they do not need to be corrected; a new form should be drawn up. Abbreviating words and entering abbreviations in the text of the document is also prohibited.

The document is drawn up in a single copy and after presentation to the organization’s cash desk, the cashier must put a note in the payroll statement that the salary was issued by proxy.

Power of attorney form

If an enterprise operates on the basis of paying employees wages in cash, and one of them is unable to come to work that day, another individual can receive these funds, and at the same time have the appropriate consent of an attorney. Such consent is a document called a “power of attorney to receive wages.”

It should be noted that there is no special form for drawing up a document of trust to receive a salary. Consequently, consent can be displayed in any written form, while including all the necessary parameters in the text, so that it has a basis for issuing funds to an outsider.

Unlike other existing powers of attorney, this does not require certification at a notary’s office, meaning the services of a notary can be dispensed with.

( Video : “Everything about drawing up a power of attorney”)

When is a power of attorney required to receive salary?

As we said earlier, salaries in institutions are issued to employees in two options - by non-cash receipt to a bank card or in cash directly to the employee. When money is paid with the first option, problems usually do not arise. A more inconvenient procedure for paying wages is the second option, when the employee must come to the institution on a certain day and receive his earned money. Naturally, an employee is a human and he does not always have such an opportunity.

For example, an employee is in another country at the time of receiving his salary and there is no way he will be able to receive his money on that day. Or, while undergoing intensive treatment, the employee cannot come to the institution to collect wages. In fact, there are quite a lot of such situations, but the solution to this problem has long been provided for. The solution is that this salary for an employee of the company can be received by another person entrusted to him. Naturally, such confirmation in words will not be enough, so the law provides for a special document that an employee draws up for a certain person with the right to receive his monetary remuneration. The attorney provides such a document of trust to the institution’s cash desk, thereby confirming the employee’s consent to receive his money.

Rules for certifying a power of attorney to receive salary

Despite the fact that this type of document is not required to be certified by a notary, this method of confirming a power of attorney is the most popular. In the notary service, such a procedure is not free, that is, you will need to pay for the services of the notary himself. For certification, notaries usually use a special inscription and enter all information about the power of attorney into the appropriate register.

There are other options for certifying a power of attorney to receive monetary compensation. The management itself has the right to carry out this procedure, but this must be done a few days before receiving the salary. Certification is also allowed in medical institutions if the employee is undergoing intensive treatment, or in an educational institution when he does not have the opportunity to receive money in connection with some educational activities.

( Video : “How to properly issue a power of attorney”)

How to correctly write a power of attorney to receive a salary in 2020

The witness is allowed to draw up a document of trust in his own hand or in printed form. If the compilation procedure is carried out by hand, you must adhere to the basic requirements:

• checking for spelling or syntax errors;
• clear handwriting;
• the authenticity of all specified information.

The management is then obliged to fully familiarize itself with the contents of the written power of attorney in order to avoid unnecessary red tape in the future. First of all, you need to pay attention to the validity period of this document, and also carefully examine the information about the rights to receive monetary compensation.

There are also requirements for the trusted person himself. The attorney must be an adult and have a passport of the Russian Federation.

Let's return directly to the writing of the trust document itself. It is necessary to take into account that all competencies of the trustee are documented in writing, in person or in printed text. Next, the document of trust for salary receipt must undergo a certification procedure. This can be carried out by a notary, the head of a company or a medical institution.

In order for the power of attorney to have the correct form, which will later be reviewed by the organization’s management, it is very important to include all the necessary elements in the text:

• Full name and passport details of the employee and the person whom he gives the right to collect his wages;
• date of document preparation. It should be noted that without the specified date, such a power of attorney will not come into force;
• period of validity;
• clear and concise information about the attorney’s competencies after receiving this document;
• presence of signatures of both parties.

Features of the document

A power of attorney is a document that gives a specified person the right to receive money.

Most often, this document is written when calculating salaries in cash . This method of calculation sometimes involves the inability of an employee to come to the accounting department in a timely manner for money under the following circumstances:

• staying in a medical facility for a long time;
• reluctance to contact the boss after dismissal;
• personal circumstances;
• long stay in another city or country.

The power of attorney has its own validity period, so the responsible person does not have the right to use his powers indefinitely.

It is worth noting that the Civil Code, Article 188, specifies cases in which a document loses its force :

1. end of the designated period;
2. unilateral termination of the agreement;
3. refusal to represent the interests of the principal;
4. death of one of the parties;
5. recognition of the principal as missing or incompetent.

to contents

Cashier actions

On payday, the attorney comes to the cashier with a document to receive funds. When issuing wages, the cashier checks:

• FULL NAME. recipient of the money;
• FULL NAME. registered authorized representative and compliance of the specified information with his passport data.

If everything is in order, in the payroll statement, before the signature of the person entrusted to receive the cash, the cashier makes an o. After the money is issued, the power of attorney to receive wages is attached to the cash receipt and kept by the cashier.

IMPORTANT!

In accordance with the instructions of the Bank of Russia dated March 11, 2014 No. 3210-U “On the procedure for conducting cash transactions by legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses,” the original power of attorney must be attached to the cash receipt order for which the salary was issued. If the document is issued for several payments or is intended to receive funds from different organizations, copies are made, which are certified by the employer issuing the money.

Who can I make up for?

When drawing up a power of attorney, any adult capable person who has a passport or other identification document can be given powers. Friends, relatives, colleagues - it doesn’t matter, the main thing is the trusting relationships established between people.

The authorized representative, after receiving the salary at the enterprise's cash desk, is responsible for ensuring that the funds reach the principal in full.

Powers of attorney executed by a notary may contain an indication of the right of subrogation. However, it must be remembered that the transfer of trust occurs at the discretion of the trustee, and there is a possibility that a stranger will receive the money. Therefore, it is better not to provide the opportunity to delegate powers related to receiving funds.

When becomes invalid

First of all, I would like to note the fact that the validity period of a document of trust for receiving a salary is not provided for by law. Therefore, on this basis, it is allowed to issue such a document for an indefinite period, and it is necessary to indicate it in the text of the power of attorney itself. However, the law says differently that in the absence of such a record, the trust will be valid for exactly one year, after which it will automatically cease to exist.

A trust document will be invalidated if the employee revokes it or the attorney refuses this procedure. There are other reasons for early termination of trust provided for by law, these include:

• the death of one of the parties, their incapacity, or in the event that one of them goes missing;
• termination of a power of attorney due to the liquidation of a legal entity.

Can an employer refuse

A question often arises related to an employer’s refusal to pay wages to an outsider. Guided by the law, if a trust document is drawn up in accordance with all the necessary parameters, certified by a notary service and submitted within the required time frame, the authorities are simply obliged to issue funds to the trustee. The main requirement for receiving this money is to present your civil passport along with the power of attorney so that the employer can verify the identity of the representative.

Before issuing wages to an outsider, management must clearly read all the information specified in the trust document. At the same time, the personnel department must verify the employee’s signature on the power of attorney and the signature on a special document available directly at the institution - they must be identical.

There are also situations in life when there are still problems when an outsider receives an employee’s salary. This can happen even if he has the appropriate power of attorney. This happens in particular due to the fact that the employee did not warn management before this procedure that he did not have the opportunity to come for the money and, therefore, it would be received by a person entrusted to him. Therefore, in order not to cause unnecessary problems either for yourself or for other persons involved in this procedure, it is recommended to notify the manager about this situation in advance.

Do I need to get it certified by a notary?

For registration, a simple written form is used; it is not necessary to have the documentation certified by a notary.

For certification of the principal’s signature, you can contact the hospital management if the person is being treated. You can contact the management company at your place of residence. If a person cannot receive a salary due to being in prison, then the signature is certified by the head of the correctional institution.

If an employee plans to leave in advance and wants to transfer the right to receive money to another person, then a power of attorney can be written in advance, having his signature certified by the employer.

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How much does it cost to issue a power of attorney to receive salary?

As we have already clarified earlier, a power of attorney to receive a salary does not have to be certified by a notary. However, there are times when this procedure is still recommended. I would like to immediately note that the entire process of approving a trust document by a notary is quite lengthy and relatively expensive.

The cost varies depending on the region in which the employee applies to the notary service and what services the notary provides directly. In this case, he will need to print the power of attorney, sign it, stamp it and register it in the register. Each service has its own price. On average, the cost of the procedure for registering a power of attorney to receive a salary ranges from 1000 rubles and more.

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