Notification of work record upon dismissal. What does a notice of the need to appear for a work book look like: a sample of the established form

Or for any other reason, the Labor Code is issued to the employee in person and against signature on the day of dismissal. Not issuing technical documentation within the next three days– a serious violation. Violating this rule is fraught with troubles that the situation with the abandonment of work can bring from the most unpredictable side.

On the last working day, it is imperative to issue a document to the resigning person, regardless of the grounds on which the industrial relationship was terminated.

For this:

1. The employee is required to be present at the workplace until the end of the working day or, at a minimum, until the receipt of the Labor Code.
2. He was warned in advance about the terms and conditions of the transfer of the TC into his hands.
3. I approached the HR department employee (employer) on my own.
4. Check and sign it confirming receipt of the TC. must not be torn off.

The absence of the listed actions, especially on the part of the violator of discipline, dismissed for punishment, forces the employer to accept someone else's responsibility. As a result, the person who was obliged to issue the document will be guilty, and not the one who should have taken it.

If by the evening of the last day of work, no one shows up for the TC - the employee authorized for issuance is obliged to take measures and be active.

His initiative necessarily compensates for the inaction of the former employee. Taking measures consists of notifying the person of the obligation to pick up the document.

Liability for delay and non-delivery

A document not issued on time is an offense for which liability may be imposed in accordance with Article 232 of the Labor Code of the Russian Federation. A dismissed person who has not received a Labor Code will find himself in the position of a person who, according to the rules, cannot be employed elsewhere.

Accordingly, he will wait for a period of time, which may be several months, and then - go to court. In court, having proven in a civil suit that he was not given a labor code with a record, he will demand payment for forced absenteeism at the expense of the organization.

If his dishonesty is not limited to this, he can also recover moral damages, proving how much he suffered from the arbitrariness of the former leader, guided by Article 21 of the Labor Code of the Russian Federation.

The Labor Inspectorate is familiar with similar situations that occur everywhere. Former employees who harbor a grudge against the employer who fired them are ready to cause trouble and profit at his expense.

What should I do if the employee does not come to pick me up?

If a former employee was fired for absenteeism, and he did not show up to his workplace on the day appointed for dismissal, be sure to draw up a report on the disciplinary violation he committed. He will protect you from possible attacks from him.

If he showed up for work, but forgot to come to you and fill out the documents properly - You need to contact him by the end of the working day:

• via mobile communications;
• by work phone;
• by email.

Keep in mind that by this time the work book must be completed in accordance with established standards and requirements.

If a resigned employee fails to show up to collect his/her book within three working days following the dismissal, submit a notice. The notification is drawn up in free form, but has the status of a document. It contains:

• Last name and initials of the person to whom it is addressed.
• Notification that he has been fired, indicating the date.
• Message that he was supposed to pick up TK, but did not do so.
• The requirement to pick up the document immediately.
• An offer to send the document by mail, which requires a written request from the owner of the trading company.

The notice must be drawn up in 2 copies, one of which is filed in a personal file, and the other is sent by registered mail to the resigned employee, with an inventory attached to the letter and with notification of receipt.

From the moment the notification is sent, you are relieved of responsibility for leaving the owner of your book. Keep in mind that you There must be evidence of the notification sent, which is confirmed by:

• the presence of an inventory of the attachment;
• shipping receipts;
• notifications of receipt.

These documents must be properly registered, included in the lists of incoming and outgoing correspondence, and kept in the employee’s personal file, in case claims are received from him. If, in response to the notification, you receive a written request to send it by Russian Labor Post, you will need to send it by registered mail.

What to do if they don’t hand over your work book upon dismissal - read.

A trustee may contact you with a request to receive a document instead of his relative or friend. There are frequent appeals from the wives of employees fired for absenteeism.

Their spouses, who do not come out of their drinking bouts and are dismissed on the basis of a disciplinary sanction, do not resolve issues of their own livelihoods. Under no circumstances should you hand over the document in such situations. If the dismissed employee:

• is ill;
• is located outside the city;
• unable or unwilling to approach in person,

he can make a request to a trusted person. In turn, he must provide him with a notarized power of attorney to receive the TC. Without presentation of a power of attorney, issuance of a document to third parties is unacceptable.

The question of issuing technical documentation to third parties is even based on a power of attorney – is controversial. The issuance rules regulate only the possibility of receiving in person, without transfer. However, in some cases this may not be possible.

As a rule, personnel officers issue a document by power of attorney, and next to the record of receipt of the book, the name and signature of the authorized person and the details of the power of attorney are placed. When you must give your work book upon dismissal - read.

They are guided by the fact that The rules for issuing a TC do not directly indicate a ban on its transfer through an intermediary. However, the Rules recommend putting only a personal signature, which is not allowed for the actions of an intermediary.

In some conflict situations, in response to a demand to receive documents, the employee is rude to the employer, overwhelmed with emotions and negative experiences, refusing to pick up the document. Keep in mind that after the emotions subside, he may well be able to file a lawsuit, citing failure to issue a document.

In this case it is necessary to draw up an act of refusal to receive a book. To do this, approach the indignant employee with several (two or more) people who will testify in your favor and give a clear and consistent command to come up to receive a work book.

If in response a rude attack is made with a refusal to carry out the order, you can draw up an act. This document is drawn up in a free descriptive form, presenting a list of persons present who witnessed the fact that the specified person refused to receive the Labor Code.

You need to describe the failure situation in a laconic form listing the illegal actions of the perpetrator:

• drunken state;
• use of obscene language;
• use of insults and threats.

The act is signed by those present, properly registered and filed in the personal file of the employee, who first familiarizes himself with its contents.

After this, he can receive the document at any time convenient for him personally or through an intermediary, but he will no longer be able to testify against you in court.

The violator must familiarize himself with the act against signature, but if he refuses this, the text of the act is read to him, and those present sign a note indicating his refusal to sign.

How to pick up a work book by mail?

Despite the questionable reliability of transporting important documents by Russian Post, according to some personnel officers, in certain cases it is not possible to avoid the need to use it.

It is carried out when a resigned employee is located outside the locality in which his work activity was carried out. Such situations often arise:

1. When working as specialists or workers in large cities of national importance.
2. For employees of branches whose central office is located in another city.
3. When working on a rotational basis. For shift workers whose circumstances have changed before arriving on shift, certain conditions are provided for the receipt and transfer of documents.

Sending by Russian Labor Post for them is carried out on the basis a statement they wrote in their own hand:

• for dismissal,
• for forwarding TK.

It can be written in advance, in the presence of the employee at the workplace. It must be certified by the head of the organization. It is drawn up according to the usual rules for drawing up statements addressed to the manager.

There are no special standard requirements and formatting on the organization’s letterhead for the application, since in special cases the employee has to write the application at his own discretion.

The application must indicate:

• date of dismissal;
• reason for dismissal;
• a request was made to forward the document;
• forwarding addresses.

Finally, it must be signed by the applicant and dated.

Write an application for shipment by Russian Labor Post It is also useful in the following situations:

1. When the resigning employee is aware of his planned absence from the workplace on his last day.
2. When dismissal immediately follows a business trip, from which it is inconvenient to return for a labor transfer.
3. If the owner of the document is away for family reasons, for treatment or for other reasons that do not allow him to personally appear at the HR department.

Based on the listed reasons for the employee’s absence from the workplace, you can send a labor letter by Russian Post.

To do this, go directly to the post office, conveniently located from your place of work. Take the form for sending a registered letter with notification of receipt and the form for listing the attachments, fill them out. The operator will issue a letter and give you a notification of its dispatch.

After a certain time, you will be notified that the employee has received a registered letter. Register the inventory, receipt and received notification in the journal of incoming and outgoing correspondence and continue to store it in your personal file.

In some cases, a request to send a TC can be done by telegram. The received telegram has legal force equal to the consent to forward it. Moreover, telegraphing to speed up the process is quite appropriate. In this case, you need to proceed in the same way as in other cases of transfer.

Receiving a document by mail

If the owner of the TC is in touch with you, interested in the movement of his document, you can dictate to him over the phone or send him by email the identification number of the postal item. Using this number he will be able to track the movement of the letter.

Accordingly to him no need to wait for email notification, he can come to the post office to receive the letter at the time of its arrival.

This information is easy to obtain on the official website of the Russian Post, where all movements of postal items are reflected by their unique identification numbers. To do this, you need to select the “tracking” service on the website and enter the track number or several numbers separated by a space in the field provided.

In the window that opens, enter the shipment identifier, which can be used to determine the location of the registered letter.

This service is convenient because allows you to save time, necessary to send the notice. Some post offices spend several days on this procedure.

If you did not report the shipment or in the absence of initiative on the part of the owner, upon arrival of the letter with the document at the department at his place of residence, he will be issued a notice.

Having received it, he will approach you with the passport in person and receive a registered letter. After receiving the document, the postal worker will send a notification to your address that he has received it.

Sending by Russian Post is practically the only convenient option for laid-off workers living in another city. It can also be used in cases where a former employee does not want to meet with the former employer, approaching the TC.

Removal of liability from the employer

If, despite the employer’s activity, the employee did not receive a work book, guided by convictions, principles, on the basis of ordinary resentment or elementary laziness, the employer’s responsibility may be relieved. This happens after he performs the following actions:

1. Sending a notice with a requirement to pick up the vehicle by registered mail with acknowledgment of receipt.
2. Drawing up an act of refusal.

Work books are in the custody of the employer, in the following cases:

1. If the former employee completely ignores the demands to pick up the document, there is no response to the notification and the employee is absent from the workplace on the last working day.
2. If a registered letter with an enclosed document was not received, but was returned to the addressee.
3. After drawing up an act of refusal to pick up the TC, reading it or reading the text out loud, in the presence of witnesses.

After proper actions have been taken by the person authorized to store and issue books, they must be reserved.

The HR specialist or entrepreneur must withstand a period of 3 months. If during this period of time the owner of the TC does not show up, the document must be issued. It goes like this.

In the registration journal for the issuance of TC, as well as in the personal card, where the employee must sign for the issue, you need to make a note stating that the person (indicating his last name and initials) did not show up to receive it.

It must continue to be stored in a safe along with other books, but in a separate box for 2 years. After this, it is handed over to the organization’s archives, where it is stored according to established rules.

Conclusion

If you run an organization or are responsible for human resources, don't assume that any problem won't turn into a serious obstacle. It must be resolved immediately, without sparing a certain investment of time and effort. Subsequently, the resources spent may be more tangible.

In addition, keep in mind that an unscrupulous employee, taking advantage of your incompetence and frivolity, may subsequently recover from you in court. Only specially designed books can be left for storage.

When terminating an employment contract with an employee, the employer is obliged to correctly formalize the dismissal procedure, including issuing a work book to the former employee. If on the day of dismissal the employee is not at work or he refuses to receive a work book, a registered letter is sent to his address notifying him of the need to appear for the work book or to agree to have it sent by mail. This stage of the procedure relieves the employer of liability for the delay in issuing a work book to an employee (Article 84.1 of the Labor Code of the Russian Federation).

How to draw up a notice of receipt of a work book upon dismissal

There is no unified form of notification, so HR specialists draw it up in any written form. As a rule, the sample notification of receipt of a work book upon dismissal indicates the following data:

• Date of preparation;
• addressee (position, surname, first name, patronymic of the employee);
• the address where you need to receive a work book;
• working hours of the personnel service or structural unit (specialist) responsible for recording, storing and issuing work books.

The employee is asked to come for a work book or give written consent to receive a work book by mail by registered (valuable) letter with a list of attachments. If the employee did not come for the work book and did not give written consent to send it by mail, the employer keeps the work book until it is requested.

We invite you to prepare and download a notification of receipt of a work book in our document designer.

If the dismissed employee does not want or cannot pick up the work book, the personnel officer needs to draw up a statement about the impossibility of handing it over and send the employee a notice “of the need to appear for the work book or agree to have it sent by mail.”

A situation is possible when a dismissed employee does not want or cannot receive a work book (for example, he does not agree with the dismissal, he left, got sick and therefore does not come to work). If the personnel officer does not hand over the work book to the employee on time, the company cannot avoid not only administrative punishment, but also the obligation to pay the employee for the delay in issuing the work book. However, there is still a way out of the situation, how and in what way to transmit this document.

We terminate the employment contract

The employment relationship with the employee ends with the termination of the employment contract. How can this be done if it is impossible to communicate information about dismissal to the employee?

The day of termination of the employment contract is considered the last day of work of the employee. The exception is cases when he did not actually work, but in accordance with the labor regulations, his place of work (position) was retained (for example, a period of temporary incapacity for work). Termination of an employment contract is formalized by order (instruction) (form T-8)*(1), which the employee must be familiarized with against signature on the day of dismissal*(2). If the order cannot be brought to the attention of the employee or he refuses to familiarize himself with it against signature, an appropriate entry must be made in this document. The fact of its absence may be regarded by inspectors as a violation of labor legislation*(3). In our opinion, the document should record in as much detail as possible the circumstances that prevent the company from complying with the legal requirements to familiarize the employee with the dismissal order (see sample below).

Sample order with a note on refusal to review

Prepared using the GARANT system

┌───────────┐ │ Code │ ├───────────┤ OKUD form│ 0301006 │ ├─── ────────┤ according to OKPO │ │ Limited Liability Company "Aktiv" └───────────┘ ──────────────────── ──────── ─────────────────────── Organization name ────┬──── ──────────────┐ │ Document number │ Date of compilation │ ├────────────────── ─┼─────── ───────────┤ Order │ 35 │ March 12, 2013 │ (order)└──────────────── ───┴──── ──────────────┘ on termination (termination) of an employment contract with an employee (dismissal) Terminate the employment contract dated January 01, 2009 N 57, ── ────── ── ── ────── dismiss on March 12, 2013 ── ──────── ── (cross out what is unnecessary) ┌─────── ──────┐ │ Personnel │ │ number │ ├─────────────┤ Karaskin Ivan Vasilievich │ 7715 │ ──────────── ──────────── ──────────────────────────────────┴───── ────────┘ surname , name, patronymic Purchasing Department ───────────────────────────────────── ─────── ───────────────────────────── structural unit economist ────────── ──────── ──────────────────────────────────────── ────────── ───── position (specialty, profession), rank, class (category) of qualification, clause 2 of Art. 81 Labor Code of the Russian Federation (reduction of the staff of the organization) ────── ──────────────────────────────── grounds for termination (termination) of the employment contract (dismissal) _________________________________________________________________________ Grounds (up to document, number, date ): Order N 38 of 01/10/2013 “On staff reduction”, ─────────────────────────────── ── ──────────────────── notification ref. N 015-32 dated January 10, 2013, notification ref. N 015-33 from ───────────────────────────────────── ──────── 01/10/2013, letter ref. N 015-33 dated January 10, 2013 "About the proposal ───── ──────────────────────────────────── vacancies", acts dated 10.01.20 13 and from 06.03. 2013 "On the refusal of ──────────────────────────────────── ─────── ────────────────────────────── vacancies" ───────── ───────── ──────────────────────────────────────── ────────── ───── Head of the organization, General Director Sultanov A.Ya. Sultanov ──────────────────── ────────── ──────── ────── position personal transcript signature signature The employee is familiar with the order (instruction) The contents of the order are familiar with ───────────────────────────────── ────── ─────── personal signature “12” 03/2013 refused to sign (act dated 03/12/2013 ── ───────────────── ─ ─ ── ──────────────────────────────────────── ─ attached) ─────── ──────────────────────────────────────── ────────── ──────────────── Reasoned opinion of the elected trade union body in written form (dated March 05, 2013 N 35) reviewed ── ───────── ── ──────────

The act of refusal to familiarize yourself with the dismissal order must contain, at a minimum, information characteristic of the primary documents, and, at a maximum, more details about the facts that this document records (the place, date, time, circumstances of its preparation, etc.). Such requirements are formed by the practice of considering court cases. During the trials, judges subject the acts to a critical, detailed assessment and often do not accept them as adequate evidence of the circumstances, the recording of which was initially pursued by the employer when drawing them up. To avoid unfavorable conclusions from judges, we offer the following option for drawing up an act (see sample on p. 122).

Sample act of refusal to familiarize yourself with the dismissal order

Act Date of drawing up the act: March 12, 2013 ──── ──────── ── Time of drawing up the act: 17.15. (local) ─────────────────── Place of drawing up the act: Aktiv LLC, Salavat, st. Promyshlennaya, 19, ──────────────────────────────────── ──────── ────── control building, 2nd floor, room. 23 ────────── ─ Me, ──── HR department specialist at Aktiv LLC S.V. Shamina, in the presence of: ────────────── Head of the HR Department of Aktiv LLC V.P. Kistanova, secretary of Aktiv LLC O.I. Marchenko, economist of the procurement department of Aktiv LLC I.V. Karaskina In connection with the issuance of an order to terminate (terminate) the employment contract with an employee (dismissal) No. 35 dated March 12, 2013, to the economist of the procurement department of Aktiv LLC I.V. Karaskin was asked to familiarize himself with its contents against signature, which he refused, after which the contents of the above document were read aloud to him.

To my question asked to the economist of the procurement department of Aktiv LLC I.V. Karaskin about the reasons for his refusal to familiarize himself with the order against personal signature, he replied that he did not agree with the dismissal. The contents of the act are confirmed by personal signatures: Head of the HR Department of Aktiv LLC Kistanova V.P. Kistanova ──────────── ────────────────── HR Department Specialist of Aktiv LLC Shamina S.V. Shamina ──────────── ────────────────── Secretary of LLC "Aktiv" Marchenko O.I. Marchenko ──────────── ────────────────── Economist of the purchasing department of Aktiv LLC I.V. Karaskin ────────────────── ........................... ......................................... Economist of the purchasing department of Aktiv LLC I .IN. Karaskin refused to sign this act, and therefore the contents of the act were read aloud to him, which we confirm with personal signatures. Head of the HR Department of Aktiv LLC Kistanova V.P. Kistanova ──────────── ────────────────── "12" 03 2013 (17.18) ── ──── ─ ─ ─────── HR Department Specialist of Aktiv LLC Shamina S.V. Shamina ──────────── ────────────────── "12" 03 2013 (17.18) ── ── ──── ─ ─ ─────── Secretary of Aktiv LLC Marchenko O.I. Marchenko ──────────── ────────────────── "12" 03 2013 (17.18) ── ──── ─ ─ ───────

Notes in the margins. Violation of labor legislation entails the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles; for legal entities - from 30,000 to 50,000 rubles or administrative suspension of activities for up to ninety days.

As a general rule, on the day of termination of the employment contract, the company is obliged to give the employee his work book with a notice of dismissal included in it *(4), and also make a final settlement with him *(5).

Current legislation not only does not give a company the right to hold a work book as collateral in order to exert a certain influence on an employee (for example, force him, as a former materially responsible person, to transfer in the prescribed manner all previously received values), but also imposes responsibility for such actions. A delay in issuing a work book upon dismissal may be qualified as an administrative offense *(6). In addition, the delay is the basis for holding the company financially liable, and the company will be obliged to compensate the employee for the earnings he did not receive for the period of illegal deprivation of the opportunity to work *(7). In order to subsequently protect itself from possible administrative measures from government control (supervision) bodies or from any material claims of employees, the company must take care to properly record the fact of timely delivery of the work book.

When an employee is at his workplace on the last day of work, nothing objectively prevents him from issuing a work book. The fact of its receipt in connection with dismissal is confirmed by the employee’s signature on the personal card, as well as in the book recording the movement of work books and inserts in them * (8).

But what to do if it is impossible to issue a work book on the day of termination of the contract due to the employee’s absence from the workplace (for example, when he submitted a letter of resignation of his own free will, but on the last day did not go to work and did not withdraw the previously submitted application) or refusal to receive it? Firstly, such a situation should be recorded in the following act (see sample on p. 124).

Sample act on the impossibility of handing over a work book

Prepared using the GARANT system

Act Date of drawing up the act: March 12, 2013 ──── ──────── ── Time of drawing up the act: 17.30. (local) ─────────────────── Place of drawing up the act: Aktiv LLC, Salavat, st. Promyshlennaya, 19, ──────────────────────────────────── ──────── ────── control building, 2nd floor, room. 23 ────────── ─ Me, ──── HR department specialist at Aktiv LLC S.V. Shamina, in the presence of: ────────────── Head of the procurement department of Aktiv LLC I.D. Shuvalova, economist of the procurement department of Aktiv LLC D.P. Nosikova In connection with the issuance of an order to terminate (terminate) an employment contract with an employee (dismissal) No. 35 dated March 12, 2013, in the work book of I.V. Karaskina (AT N 453258) a record of dismissal from Aktiv LLC was made due to a reduction in the organization’s staff under clause 2 of Art. 81 of the Labor Code of the Russian Federation (entry No. 6).

Economist of the purchasing department of Aktiv LLC I.V. Karaskin today, 03/12/2013, was absent from the workplace for unknown reasons throughout the entire working day from 08:30 to 17:30, and therefore it is not possible to familiarize him with the entries in the work book and hand him the work book. The contents of the act are confirmed by personal signatures: Head of the procurement department of Aktiv LLC Shuvalova I.D. Shuvalova ──────────── ────────────────── HR Department Specialist of Aktiv LLC Shamina S.V. Shamina ──────────── ────────────────── Economist of the purchasing department of Aktiv LLC Nosikova D.P. Nosikova ──────────── ──────────────────

Secondly, you need to send the employee a written notice “of the need to appear for a work book or agree to have it sent by mail”*(9). Only from the date of sending such notification the employer is released from liability for the delay in issuing the work book.

Please note that the notification must be sent exclusively in writing and in a manner that allows you to unambiguously confirm in the future the direction of the notification of certain content (with a description of the contents and with a receipt). Compliance with these conditions will help the company avoid liability for delays in the work book. It should be noted that the courts do not accept as proper evidence the employer’s oral explanations, as well as notification by sending telephone messages * (10).

The legislation does not establish rules to which address the notification should be sent. Judicial practice in this situation is also contradictory. In some cases, judges agree to send a notice to the address indicated in the employee’s personal card filled out when applying for a job. In others, if the employer has information about the actual residence of the employee, the company is recognized as failing to comply with the notification procedure when sending it to the registration address * (11).

In our opinion, the notification must be sent to all the employee’s residential (registration) addresses available to the company. 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 with a postal mark “absence of addressee”) * (12 ). Therefore, we recommend that companies act carefully and not limit themselves to the information provided by the employee only when applying for a job.

Notification to the employee of the need to pick up the work book sent in the case when the employee did not do this on the day of termination of the employment relationship. Link to download sample notification about the work book upon dismissal is contained in the article.

In what cases is it necessary to give notice to a dismissed person?

Each employer must hand over work books to employees on the day of their dismissal (Article 84.1 of the Labor Code of the Russian Federation). But what to do if the former employee does not show up for the book?

It cannot be sent by mail without the consent of the dismissed person (until permission to do so is received from the former employee). Therefore, a notification is sent to him so that he can pick up the book or agree to its mailing. Sending a notification relieves the employer of liability for late issuance of a personnel document.

Procedure for drawing up a notification

The document is drawn up in any form, since its form has not been approved at the legislative level. It is certified by the signature of the employer.

It reflects the following data:

1. Name of company.
2. FULL NAME. addressee.
3. Document's name.
4. Please pick up your work book or give permission to send it by post.
5. Signature of the head of the organization.
6. Date of.

Thus, creating a notice is quite simple. Its sample can be downloaded from the link at the beginning of the article.

Notification is a type of document that characterizes the official transfer of information about something. Accompanying many legal procedures.

In a situation where the employee does not want to pick up the work book upon dismissal, it acts as a reminder of the need to pick up the document from the previous place of work.

Notification plays a dual role. For the person who quits, it serves as a warning about the need to obtain a document that plays a significant role in further employment.

There are likely cases when citizens actually forget that they did not receive labor. Also, dismissal was often preceded by confusion, in which they simply lost sight of this action. Once notified, they can:

• come to receive the document;
• send a request to send a document by mail.

Sending a notice is even more important for the employer: by this action, he establishes the fact of a conscientious attitude towards the dismissal procedure, which will allow him to avoid legal consequences in the event of a labor dispute.

There are frequent cases of fraud on the part of former employees who demand material or moral compensation for labor delays.

The purpose of drawing up a notification notice is to warn the former employee, or remind him of the responsibility for the document belonging to him. This is also an action to delegate the responsibility of the employer to the owner of the book.

A notification is drawn up in the following cases:

1. if the dismissed employee fundamentally did not receive the document on the last working day.
2. If a person is dismissed at the initiative of the employer for absenteeism and was absent from the workplace for an unexcused reason.
3. When the labor owner works in a branch, including outside the city.
4. In other situations when the employee did not receive work on the last working day or over the next two days.

If the book is not received the next day after dismissal, a verbal reminder is allowed:

• by telephone call;
• through employees - friends or neighbors.

It is also possible to send notifications by email.

On the third day, it is necessary to draw up the document on paper, in an official form, certifying it with the signature of the employer or the person authorized to issue work permits, and hand it over to the owner of the book.

The timing and norms for transmitting notifications are guided by the norms of Articles 62, , , 127, etc. And also - on Rules No. 225, approved by the RF Government on April 16, 2003.

Labor Code of the Russian Federation, Article 127. Exercise of the right to leave upon dismissal of an employee

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer.

How to draw up a sample notice of receipt of a work book upon dismissal?

The preparation of this document is not subject to special regulations; labor legislation does not indicate the specifics of its execution.

The main criteria are:

• written form;
• type of official paper;
• certificate from an authorized person;
• Message text.

It can be drawn up on the organization’s letterhead, or put a stamp of the organization with its details. If this is not possible, or at the discretion of the employer, the name of the enterprise or company should be entered at the top of the sheet.

In the upper right part, under the name of the organization, the following is indicated:

• FULL NAME. owner of the book;
• his former position.

In the line below, in the middle of the sheet, enter the name of this document: “Notification”. Below is the main text. It is drawn up in free form and may have the following wording: “We hereby notify you of the need to urgently go to the HR department to receive the work book in person, or provide written consent to forward it, indicating the address of the recipient.”

The main text is followed by the signature of the person in charge and the seal of the HR department.

If we are talking about an employee of an individual entrepreneur who does not have a personnel department, he draws up the document himself, signs it with his own hand and puts his stamp.

The text of the notification may be based on a specific situation and reflect its specifics, which allows replacing “come” with “send an authorized representative,” etc., if the fact that the resigned employee is unable to arrive in person is documented.

This document is drawn up in two copies, one of which is filed in a personal file, and the second is sent to the addressee.

Document registration

The composed message must be registered so that it has a fully legal appearance.

Upon registration, the document is entered into the appropriate journal of outgoing correspondence. As a result, information about the document is entered by the next serial number and the date of preparation, which should not be later than three days counted from the last working day of the owner of the book.

When registering, the addressee is the person who resigned and needs to receive the document.

Here his last name with initials and home address, extracted from a personal file or other information bank with personnel information about employees, is indicated.

The registration (serial) number of the outgoing document and the date of its registration in the personnel records are entered at the top of the notification.

How to send?

Sending a notification must be confirmed by an official document or signature of the owner of the book. Therefore, it is unacceptable to simply drop it in the recipient’s mailbox, pass it on through familiar employees or other third parties.

The transfer procedure may be considered valid in the following cases:

1. go in person to the former employee’s residence address with two copies of the document, in one of which he will make a personal signature: “received by me personally,” indicating the date and signature. The signed copy remains with the employer, and the second is given to the owner of the work permit.
2. Submit the document via courier service, with official documentation.
3. Send by registered mail by Russian Post, with notification of receipt.

If the notification is sent by mail, then you must first communicate the contents of the text via cell phone or email to avoid accusations of violating deadlines. To confirm, the fact of making a call or a screenshot of an email is sufficient.

To effectively carry out this procedure, the employer must have in its database all the contact information of its employees.

What to do if an employee ignores the notification?

The employer’s main task is to notify the former employee of the need to obtain a book.

After he has received confirmation of the transmission of the notice to the owner of the work record, he must continue to keep the work record.

Perhaps the former employee will receive it later, when he needs to get a job and pick up the document.

After the notification has been properly completed and sent, the employer is obliged to keep it until it is delivered to the employee personally or to his representative using a notarized power of attorney, regardless of when he applies to receive it.

If the owner of the work file sends official consent or an application to forward the document, send it by registered mail.

If he never requests his document, the work book should be kept separately from the others for 75 years.

Conclusion.

If the work book has not been received, the employer must take measures to notify its owner to ensure that he receives it, or to give written consent to forward it by mail.