What kind of document is this?
A letter of guarantee is an official document . At the legislative level, the recruitment of citizens and their employment are considered in the Labor Code in articles 65, , , 327 - registration for work, conditions of admission, responsibilities and requirements.
A letter from the employer in the case of parole obliges to accept the employee after judicial procedures to the workplace assigned to him, even if an employment contract has not been drawn up.
The letter will come in handy if the obligations of both parties (the employee and the employer) are not fulfilled , or the working conditions are not met - then on its basis you can go to court on behalf of the plaintiff to prove the case. The defendant in this case can be either the employer (who did not enter into an employment agreement) or the employee himself (who violated the labor obligations of the work contract). You can find out how to write a letter about the fulfillment of obligations under a contract here.
ATTENTION! The drafting of the letter is aimed at the future action of the employer and employee, which is consistent with the text of the document itself. From the legal side, the letter represents an obligation from the employer to hire an employee and provide him with a job.
Read more about what a letter of guarantee is here, and you can find out about legislative acts and the legal force of the document here.
What is a letter of guarantee for employment?
The document in which the employer undertakes to hire the applicant is called a letter of guarantor .
It stipulates the employee’s working conditions, his salary, bonuses and various social benefits.
The date or time period of official employment is also indicated.
The employee's return to work is indicated by a specific date, or a period may be set after some event. For example, a week after arrival.
In what case is it required?
The future employer issues a letter of guarantee for the following categories of citizens:
- For a convict who has served two-thirds of his sentence and has applied for parole (carried out with positive behavior of the prisoner, age and severity of the crime, with full compensation for the lawsuit).
For parole, a letter of guarantee and an invitation to work from a future boss is a positive aspect for release. If a person is in prison and has the opportunity to leave early, then through the administration employees he can find a job from the employment center, contact the employer and receive an invitation to work from him. - The document is required when crossing the borders of the Russian Federation to a new workplace. Moreover, it is necessary for those who leave the country and those who enter. In the case of a visa regime, a notification is sent to the consulate and the necessary package of documents is attached.
- When hiring students in the target field and for internship (subject to further employment).
- When an employee is redirected to another city to work, due to a change of residence, reorganization of the enterprise or its expansion.
When composing a letter, the employer is not at risk , but only binds himself to future obligations. There are no requirements under the Labor Code that would oblige the employer to draw up such documents in all cases without exception.
Important! The law prohibits refusing to hire someone because of a criminal record.
Certificate of registration at the place of residence for parole in 2021
A certificate of “registration” is another important document that can facilitate the parole of a convicted person. Depending on the situation, this could be:
- A copy of the certificate of ownership of the apartment that belongs to the convicted person;
- Certificate from the passport office confirming the registration of the convicted person at the place of residence;
- A receipt from a spouse, relative or other person who undertakes to register the convicted person in their living space.
receipts
Writing Instructions
To write a high-quality document, you need to carefully fill out and accurately indicate all names and names of organizations, live signatures and seals.
- Header of the document - employer details - name of the organization, legal and actual address, legal status, TIN.
- Upper left corner - fill in the document number, date of its preparation, place of sending - court or at the place of request.
- In the middle of the form is a letter of guarantee.
- Contents of the document - details of the organization or enterprise are re-registered, employer data - full name, given future employee - full name.
- Consent to admission is expressed, the date of admission to the workplace, the proposed vacancy or specialty (for example, to provide employment in the specialty), the approximate terms of enrollment and the conclusion of an employment contract after parole are indicated.
- Additionally, the salary and benefits, the provided social package - rights under the Labor Code of the Russian Federation are prescribed.
- At the bottom of the document is the signature of the head of the organization, transcript and seal.
You can learn more about how to correctly write a letter of guarantee here, and about the requirements for filling it out and the person responsible for writing it, read here.
Additional certificates for parole in 2019
Above is a standard list of documents that will be useful to absolutely any convicted person applying for parole. However, in some cases other documents may be required. Eg:
Health certificate
It will come in handy if the convict suffers from any serious illness. You can obtain a certificate from the medical authority of the correctional institution.
Certificate about the difficult financial situation of the family
Are elderly parents receiving a meager pension or a disabled child in need of help waiting for the convicted person to be released? A certificate from social security will indicate the need for a breadwinner in the family.
Parents' health certificate
A medical certificate received by the parents of a convicted person at a district clinic serves as evidence of the need to care for relatives.
Wife's pregnancy certificate
If the wife of a convicted person is expecting a child, she can obtain a corresponding certificate from a gynecologist at her place of residence.
Where is the document sent and in what ways can this be done?
The letter of guarantee is sent along with the application for parole to the court in which the sentence was passed for further consideration. If it is not possible to send a live document, send it by email, scan the document or fax it.
Read other useful articles from our experts about letters of guarantee. In them you can learn how to draw up and write letters of guarantee: for payment, for obtaining a legal address, for the provision of documents, for renting premises, for the delivery of goods, for registering an LLC and much more.
Guarantees for parolees
In a world where everything is sold and everything is bought, it is possible to agree on the acquisition (purchase) of a letter of guarantee, and such a document may be needed not only for a document, but also in other cases.
There are many offers on the Internet from various companies that are ready to provide assistance in this matter for a fee. But first you need to understand the appropriateness of actions. As mentioned above, a certificate of employment after release is proof of intentions to lead a law-abiding lifestyle. The possibility of employment, despite the crisis, depends on the individual. Some are ready to work as laborers if they have a higher education, others cannot be janitors because it is humiliating for them. Therefore, the main guarantee for arresters is their behavior.
Why is it needed?
Thus, anyone looking for a job in another city must ask the employer for this document. However, in some situations, paper from a guarantor is not only desirable, but necessary. Let's consider these cases in more detail.
- Citizens entering the Russian Federation or leaving the country for the purpose of work are required to present this certificate.
In the case of a visa regime, the guarantor’s notification is sent to the consulate, along with other papers. Citizens of neighboring countries show their work invitation at the border. - A prisoner who has served two-thirds of his sentence has the right to seek early release.
To do this, he needs to write an application, to which must be attached a guarantee notice from the employer. Searching for a place of employment and requesting a certificate is carried out through the employment center. - Hiring a future graduate of a university or technological college who has undergone work practice at the institution.
The student asks for a guarantee if he agrees to work at the place of internship. - Citizen participation in the state resettlement program. In this case, the employee has the right to demand written confirmation guaranteeing his employment at his new place of residence.
Important! If an employer avoids providing guarantees in every possible way, you should think about his integrity.
Letter of guarantee for employment of a convicted person
Separately, it is worth mentioning the letter of guarantee of employment for parolees and the certificate of employment for citizens released on parole.
These documents are issued by an organization that guarantees the person’s employment after release.
They are printed on the organization’s letterhead with a seal (either as a certificate or as a letter of guarantee) and addressed to the court at the location of the colony.
These documents should convince the judge that the person will be employed immediately upon leaving the camp and will not be forced to commit a crime again.
Letter of guarantee for employment of a convicted person, sample for parole.
Below is an example document:
Certificate of employment for parole, sample.
An example for reference below:
Does it have legal force?
Of course, this paper has legal force. But problems may arise when presenting it to the courts.
If the paper is drawn up correctly and all the nuances described above are met, the court is obliged to accept it as evidence. Otherwise, if there are violations, the decision rests with the judge.
A letter of guarantee is an important obligation that protects the rights of the employer and employee. It ensures that the employee conscientiously performs his duties, for which he receives the agreed benefits.
