Application for issuance of a work book upon dismissal

After termination of the employment contract with the employer and upon final payment, the employee must receive a work book along with all payments. But this is not always possible: the employee may get sick, leave urgently, or simply refuse to receive the document for some reason. In these situations, the employee may ask to have the work report sent to him by mail, writing a corresponding application for this.

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When to give notice

In the USSR, people's attitude towards working documents was reverent. They were carefully kept and treated with great respect. A person’s career, and sometimes even the fate, depended on them. The situation when the personnel apparatus sent a letter to the employee about the need to pick up the work book was unthinkable. It never occurred to people to quit without taking the document from their previous employer, without which they would not be hired anywhere. It was incredible, leafing through the archived personal file, to find there a notice about the need to appear for a work book or to agree to send it by mail (a copy), or any other evidence that the employer was looking for the employee. Personnel officers did not consult with each other on how to deal with an obstinate employee, did not rack their brains on how to reach someone who does not want to hear or understand anything. Such situations occurred, but these were exceptional cases.

Post-Soviet times have changed a lot. People have developed a mistrust of the main working document, which is evident to many personnel officers. It happens that fired employees leave or forget them in the HR department. Sometimes they refuse to take them. Then the refusal is activated in the presence of witnesses. Here's what it looks like:

This happens when an employee:

• got sick;
• was fired due to a “bad article”;
• got a job with a new employer and don’t have time to return to the old one;
• ready to neglect experience, since it is very small;
• offended and does not want to have anything to do with the previous employer;
• disappeared for an unknown reason.

In all these cases, citizens will not have problems; they will declare that they have never worked anywhere before. But the personnel officer will start having troubles. It is important to issue the document on the day of dismissal. If this is not possible, you should notify the employee of the need to pick up the work book or agree to send it by mail. This is stated in Article 84.1 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.

ConsultantPlus experts analyzed who and how are speculating on the delay of work records. Use these instructions for free.

A dismissed employee does not pick up his work book - what to do in this case?

author of the answer,

Question

The company fired the employee. Despite the fact that he drank at work, he was fired at his own request, a payment was made, but he did not come for his work book. What should we do? How can I give him my work book?

Answer

The employer should send the employee a notice of the need to appear for a work book or agree to send it by mail. Send this notification by registered mail with acknowledgment of delivery and a list of the contents to all addresses of this employee that you have.

Sending a work book to an employee by mail without obtaining his or her prior consent is a violation of labor laws.

Rationale

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).

According to Part 6 of Art. 84.1 of the Labor Code of the Russian Federation, in the case when it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail.

The notification must be sent to all employee addresses (registration and residence) available to the organization. Such a procedure will indicate maximum prudence in the actions of the employer and the adoption by him of all necessary measures for the timely issuance of a work book, even if these notices are not actually delivered to the employee, for example, returned to the sender by post office (Cassation ruling of the Supreme Court of the Republic of Kalmykia dated 12.01 .2012 in case No. 33-18/2012).

If the employee does not show up for the book and written consent is not received from him to send the work book by mail, it should be kept in the organization until it is issued to the employee. The storage period is 75 years (Article 664 of the List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating storage periods, approved by Order of the Ministry of Culture of Russia dated August 25, 2010 N 558).

Note!

Delay in issuing a work book in accordance with Part 4 of Art. 84.1 of the Labor Code of the Russian Federation, the term is the basis for bringing an organization to administrative liability under Part 1 of Art. 5.27 of the Code of the Russian Federation on Administrative Offenses and Liability under Art. 234 Labor Code of the Russian Federation.

Sending a work book to an employee by mail without obtaining his or her prior consent is also a violation of labor legislation, for which the employer may be held administratively liable (Article 84.1 of the Labor Code of the Russian Federation, Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

How to write a notification about the need to pick up a shopping cart

We issue a notification to the employee about dismissal and the need to pick up the work book in free form in the form of a letter. We indicate the date of preparation, the name and address of the employee, the title and the appeal itself. In the appeal we write the contract number, when it was drawn up and terminated, the reason for termination, and explain why we could not issue the document on time. We offer you a choice - pick it up in person or indicate the address and allow it to be sent by mail. We remind you that we will not be able to forward anything without written permission, so a letter from an employee with consent is required. We note that we automatically cease to be responsible for the delay in issuing a document after sending a letter with this information.

NOTIFICATION

the employee about the need to appear for a work book

or agree to have it sent by mail

Dear Irina Leonidovna, contract No. 462, concluded with you on September 1, 2020, was terminated on December 1, 2020 at the initiative of the employer due to an unsatisfactory test result, part one of Article 71 of the Labor Code of the Russian Federation.

For some unknown reason, you did not come to work on the day of your dismissal, so tr. the book was not issued to you.

Based on Article 84.1 of the Labor Code of the Russian Federation, we ask you to come for the document to the HR department of Ppt.ru LLC at the address: 456789, Russia, Subject of the Russian Federation, prosp. Wonderful, 1 on weekdays from 9:00 to 18:00, or send to the specified address your written consent to send it by mail indicating the delivery address.

General Director_________________/Petrov N.G./

M.P.

In what cases is a notice issued to an employee?

A work book is the most important document that officially confirms that a citizen has work experience. However, not all citizens collect it in a timely manner upon dismissal. Practice shows that this circumstance can be dictated by various reasons.

If a dismissed citizen does not come to collect his work book, the employer sends him a special notice - an official reminder. This rule is clearly stated in Part 6 of Art. 84.1 Labor Code of the Russian Federation.

This paper notifies the former employee of the company that he should come and pick up a personal document. The company's management is forced to remind the dismissed employee to obtain personal documentation from his former place of work in order to comply with legal requirements and avoid penalties.

After all, Part 4 of Art. 84.1 of the Labor Code of the Russian Federation stipulates that it is the employer who is obliged to ensure that the dismissed citizen receives a work book on time - directly on the day of termination of the employment relationship. The day of dismissal is considered the last day of a person’s activity in the organization, as established by Part 3 of Art. 84.1 Labor Code of the Russian Federation.

Part 6 art. 84.1 of the Labor Code of the Russian Federation defines the following:

1. The employer is forced to officially remind the dismissed employee of the need to obtain a work book if such employee did not come for it on the day of his dismissal or, alternatively, refused to receive it. To do this, the company management sends the person a corresponding notice. Having received a reminder of the need to receive it, the citizen must either come to the organization or provide permission to mail this book.
2. If the employer has sent such a reminder, he will no longer be held liable for failure to issue. From the day the relevant notice is sent to the former employee, the organization’s management is not responsible for the delay.
3. A citizen who, after dismissal, has not received a work book, must address this issue in writing to his former employer. In this case, the company must return this book to its owner - the former employee - within 3 working days, counted from the date of filing the appropriate request.

The best option is to send the notification by registered mail. Such a letter must contain a list of attachments and provide notification to the sender that it has been sent to the addressee.

Any employer should be prepared to document the fact that a reminder was sent. A notification from the mail is the best proof that the company’s management has fulfilled its responsibilities.

In certain cases, the work book can be collected not by its owner, but by an authorized representative of the dismissed citizen. This is practiced if the former employee is in custody or called up for military service. This representative must have a proper power of attorney to receive.

How to arrange, if necessary, to pick up a work book after dismissal?

A reminder to a former employee about the need to obtain personal documents is drawn up in any form. Strict requirements for the preparation of this paper are not established by law. It is only recommended to follow the general rules for document flow. If you have letterhead, you can use that.

The document should reflect the following information:

1. Name of the company, its details.
2. Serial (registration) number of the document.
3. The date this paper was issued.
4. Information about the former employee who is the recipient of the notification being sent. First of all, you need to indicate the full name of this recipient, his correct address, and other contacts.
5. The name of the paper, reflecting its semantic meaning.
6. The wording of the notification is a reminder that the dismissed recipient of this notification must receive a work book.
7. Date of dismissal.
8. The employer must offer postal delivery (as an option).
9. Information about the originator of this notification (full name, position), as well as his decrypted signature. This could be, for example, a company HR specialist.
10. Company seal (if used).

An important nuance - it is prohibited to send a work book along with this notification.

In other words, the employer must first send the individual a corresponding reminder. If the former employee gives written consent to receive the book by mail, you can use the postal option.

for receipt

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How to transfer to an employee

Calls, SMS messages, telephone messages are not considered proper notification. So we go to the post office ourselves and send the document by registered mail with return receipt requested to all addresses indicated in the personal file or in other sources. Be sure to make an inventory. We remember that it is very important to send the notification we send to the employee about sending the work book by registered mail. The employer will receive receipts indicating all addresses and will be able to prove that he did everything possible to notify the “lost person.” The post office is responsible for forwarding and guarantees delivery of letters to the former employee against signature.

The question arises: when to send a notice to appear for a work book, so as not to miss the deadlines, often specified in the law. The answers to it on the Internet are different. Somewhere it is said about three days, somewhere the calculation takes weeks. The law specifies that the message must be sent on the day of dismissal.

If the owner does not show up and there is no consent for forwarding, we store the document until required (clause 43 of the rules for maintenance and storage, approved by government decree No. 225 of April 16, 2003). If it was kept electronically and there is no person on the day of dismissal, we document the absence and send information about the work in the STD-R form by registered mail with notification to known addresses without requesting permission to forward (Article 84.1 of the Labor Code of the Russian Federation).