Application for the delay in issuing a work book. Application to the court for non-issuance of a work book. Registration of payment of compensation

When terminating an employment contract with an employer, an employee of the company must definitely get his work book in his hands. According to regulatory legal acts Russian Federation, the deadline for returning the document is the last working day of the employee.

However, often for one reason or another, employers are in no hurry to return the work book. In this article, we will try to make out in detail what to do, when this happens and who to contact.

Grounds exempting the employer from liability for non-issuance of a document upon dismissal

Let's consider the most typical situations when the head of the company is not responsible before the law.

The employee is absent from the workplace

These can be any force majeure circumstances: illness, departure to another city or for family reasons, etc.

In such situations, there is only one way out - the employer sends a letter of return to the employee with a request to pick up the document or agree to be sent by mail.

In this case, the manager is relieved of responsibility for late issuance.

Since mailing is a rather serious step, you need to get the written consent of the employee for this. If the employee did not give his consent to send the document, the head of the company is obliged to create conditions for their storage on demand, for a period of at least fifty years.

It also happens when an employee, due to moving to another country or for any other reason, is physically unable to come and pick up the work book. In this situation, one option remains - to issue a power of attorney. This can be done at any notary office.

The document indicates:

• personal data of the attorney and former employee of the company (surname, name and patronymic, passport data and residence address, signature);
• the name of the company, its details;
• the signature of the owner of the document;
• date of compilation and validity period.

After issuing a notarized power of attorney, the attorney will be able to receive a work book in the personnel department of the company, where, without fail, employees draw up a receipt that the document has been issued.

The employee refuses to collect his personal documents

For example, an employee does not agree with the dismissal, the employer must at all costs try to return the papers by any possible means.
If the employee is on the last day at his workplace, but for some reason ignores requests to pick up the papers, it is necessary to draw up an act.

All points are recorded in it: they indicate the reasons why the employee refuses to take the documents. After that, the employee signs the act and indicates the date, then transfers it to the personnel department.

In a situation where the moment was missed for drawing up an act, it is necessary to take other measures. Try to send a former colleague a certified letter with a request to contact the HR department and pick up your work book.

Such paper is written in a freeform. It is necessary to indicate: the name of the company, information about the employee, the date of sending the letter, contacts and other necessary information.

When the employer is responsible for the delay in issuing a work book to an employee upon dismissal

Many company executives, by means of blackmail, threats, intimidate employees, not giving them a work book in a timely manner. Regardless of the reasons and pretexts for which the employer refuses to issue the document, the former employee of the company has the right to complain about the head to the authorized bodies or try to influence in other ways.

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What is the financial responsibility of the employer in case of refusal to issue a work book

If the document is not issued, the employee has the right to demand compensation for lost earnings due to the impossibility of further employment without a work book.

A former employee of the company has the right to claim compensation for lost earnings.

According to article 232 of the Labor Code of the Russian Federation, financial liability is provided for the late issuance of a document to a company employee. In accordance with the employment contract or other agreements, the amount of compensation may be prescribed.

Also, the law provides for monetary compensation to the employee. The amount of payments is determined by the amount of unreceived earnings that the employee could receive if he had a document in his hands confirming his work experience.

The employer bears obligations not only in relation to employees, but also to the state, in accordance with article 5.27 of the Administrative Code.

For untimely issuance, the labor manager may receive a fine. The amount varies from thirty to fifty thousand Russian rubles.

Officials and heads of enterprises can be fined from one thousand to five thousand rubles. Individual entrepreneurs - over 5,000 Russian rubles. The company or enterprise must pay monetary compensation to the state treasury.

How an employer can compensate moral damage for a delay in issuing a work book

One more effective method defending their rights - to demand compensation for moral suffering. This term in labor law means violations of his personal non-property or property rights related to work.

The amount of payments and compensation, when the parties have not come to a single consensus, are established in court. At the same time, the limitation period is set at three months.

It is during this period and not later that a former employee of the enterprise can go to court and receive a monetary compensation. Human rights bodies take into account all circumstances, the degree of guilt of the offender.

Administrative liability for refusal to issue documents

In addition to material damage a former employee, the company may incur other obligations for a document not issued on time. The employer may be fined in accordance with the administrative code of the Russian Federation.

The dimensions, according to part one of Article 5.27.1 of the Administrative Code in the Russian Federation, may be as follows:

• On individual entrepreneurs a fine is imposed in the amount of one thousand to five thousand rubles.
• For companies - from thirty to fifty thousand rubles.
• On officials - a warning or an amount from one thousand to five thousand.

In case of repeated offenses, the amount of fines may be increased:

• for companies and enterprises - from fifty to seventy thousand rubles.
• for heads of organizations - from ten to twenty thousand rubles or suspension from work for a period of one or three years.
• for individual entrepreneurs - from ten to twenty thousand rubles.

To bring the employer to administrative responsibility, the employee should contact the authorized bodies for labor and employment. According to article 5.27 of the Code of Administrative Offenses of the Russian Federation, they will help bring the violator to justice.

In cases where the labor inspectorate is involved at the request of a former employee of the company, employees will be required to verify all the facts. Since most organizations are afraid to be involved in such situations and run into a fine, as a rule, the threat to involve the authorized bodies can help to return the work book.

What to do and where to go if the employee is not issued documents upon dismissal

If the employer refuses to return the documents necessary for further employment to the employee, you need to try to find a compromise. In the event that it was not possible to resolve the conflict peacefully, you can proceed to tougher actions.

For such situations, there is a certain algorithm. This is the only way to protect your violated rights.

So, the order of actions can be as follows:

Write a statement addressed to the general director of the company with a request to issue a work book, in accordance with article 80 of the Labor Code of the Russian Federation.

In the application, it is imperative to indicate: position, details of the organization, passport data, put the date of application and signature. The employer must understand that the employee is familiar with his rights and understand that he is violating them. Write an application in duplicate and give it to the secretary for approval. Then do not forget to pick up your copy with a note of acceptance.

If you do not accept a written request, send a certified letter by mail. In this case, it is imperative to draw up an inventory in two copies.

In cases where the above actions did not help, it is necessary to move on to more active actions and contact the supervisory bodies for labor and employment, whose duties include examining such issues.

In addition, a former employee of the organization has the right to file an application with the prosecutor's office. To do this, you should send a complaint and write a corresponding statement. In terms of form, this appeal should be the same as the letter of notification to the company, which refuses to return the employee's personal documents.

Well, the main option of action is to appeal to the judicial authorities with the requirement to issue a work book and collection Money her unlawful retention. In this situation, it is necessary for labor issues.

Administrative and financial liability is provided for the late issuance of a work book. In the first case, the person responsible for maintaining personnel records at the enterprise, or in the absence of such a person, the employer, and in the second, only the employer, is brought to responsibility.

In accordance with general procedure termination employment contract, established by Art. 84.1 of the Labor Code of the Russian Federation, on the last working day, the employer is obliged to issue the employee a work book. If, on the day of termination of the employment contract, it is impossible to issue a work book to an employee 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. At the written request of an employee who did not receive a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of application.

A similar requirement is contained in the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of 04.16.2003 N 225: the employer is obliged to give the employee on the day of dismissal (the last day of work) his work book with a record of the dismissal made in it.

If the employee was not issued a work book in a timely manner or a dismissal entry was made in the work book that does not comply with current legislation, then the employee is considered to be working at this enterprise until the day the work book is actually issued to him with correct entries on the date and wording of the reason for dismissal. Moreover, the employer must reimburse the employee for this period of time for his earnings. In addition, in accordance with Article 236 Labor Code For this amount, the employer must pay monetary compensation to the Russian Federation in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time for each day of delay.

The injured employee can file a complaint with the State Labor Inspectorate with a request to suppress violations by the employer, which in turn will issue an order to the employer to eliminate violations and may also bring the employer to administrative responsibility (fine) (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In addition, in accordance with the current legislation, an employee has the right to apply to the district court at the location of the organization with a statement of claim for the reclamation of a work book that was not issued upon dismissal and compensation for the delay in issuing a work book through the fault of the employer.

Remember that you shouldn't delay going to court, since in accordance with Art. 392 of the Labor Code of the Russian Federation, the limitation period for dismissal disputes is 1 month.

On a claim for compensation for the delay in issuing a work book, a citizen is exempted from paying state fees.

The applicant was hired as a sales consultant to the organization. The applicant was dismissed by on their own... However, until now, the applicant has not been paid wages and a work book has not been issued. The applicant asks to consider this complaint on the merits. Restore the violated rights of the applicant and bring the perpetrators to justice.

To the State Labor Inspectorate
G. _________,
address: ______________________

____________________________
address: ______________________

COMPLAINT
___________ year, I, ___________, was hired as a sales assistant in the spare parts department of ________ LLC, about which an entry was made in the work book, and is confirmed by an employment contract dated _________, from salary in the amount of _________ rubles.
After the conclusion of the employment contract, their job duties I performed in good faith. For the entire period of implementation of its job responsibilities any comments on the work and disciplinary action did not have. Nevertheless, my rights were violated by the employer.
So, by order of ________, I was dismissed of my own free will. However, until now I have not been paid wages and have not issued a work book.
In accordance with article 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, the payment of all amounts due to the employee from the employer is made on the day of the employee's dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissal employee submits a payment request.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all the amounts owed to me by the employer, including wage arrears.
To date, wage arrears for the ___________ year are __________ rubles.
On repeated requests for payment of debts during work, the employer receives answers in a rude form, which can be considered as an unjustified refusal to pay the money due to me.
I believe that the actions of "________" LLC are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to comply with those imposed on you by law, Art. 22 of the Labor Code of the Russian Federation, duties.

So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:

conclusion, amendment and termination of an employment contract in the manner and on conditions established by the Labor Code, other federal laws;
timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
complete reliable information about working conditions and labor protection requirements at the workplace;
protection of their labor rights, freedoms and legal interests in all ways not prohibited by law;
permission of individual and collective labor disputes, including the right to strike, in the manner prescribed by the Labor Code, other federal laws;
compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code, other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements and labor contracts;
provide workers with equal pay for work of equal value;
pay in full the wages due to employees within the time frame established in accordance with the Labor Code, the collective agreement, internal rules work schedule, labor contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral harm in the manner and under the conditions established by the Labor Code, other federal laws and other regulatory legal acts Russian Federation;
fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and employment contracts.
I would like to note that the legislation provides for liability for violation of the employee's rights by the employer.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) representatives of the employer authorized by him in accordance with the established procedure, who have made a delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation in case of violation by the employer the deadline payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with payment of interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts unpaid on time for every day of delay starting from the next day after the due date for payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee can be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault.
According to Part 1 of Art. 145.1 of the Criminal Code of the Russian Federation non-payment of wages, pensions, scholarships, allowances and other established by law payments made by the head of an organization, an employer - an individual out of mercenary or other personal interest - is punishable by a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for up to five years, or imprisonment for up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, heads and other officials organizations, as well as employers - individuals Those guilty of violating labor laws and other regulatory legal acts containing labor law norms are liable in the cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are brought to disciplinary and material responsibility in accordance with the procedure established by the Labor Code and other federal laws, and are also brought to civil, administrative and criminal liability in accordance with the procedure established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect labor rights and legitimate interests of employees is state supervision and monitoring compliance with labor laws.
According to Article 353 of the Labor Code of the Russian Federation, state supervision and control over the observance of labor legislation and other regulatory legal acts containing labor law norms in all organizations on the territory of the Russian Federation is carried out by federal labor inspectorates.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with federal labor inspection bodies, is carried out by federal executive bodies for supervision in the established area of ​​activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the federal labor inspection bodies exercise the following main powers:
carry out state supervision and control over the observance in organizations of labor legislation and other regulatory legal acts containing labor law norms, through inspections, examinations, issuance of mandatory orders to eliminate violations, bringing the perpetrators to justice in accordance with federal law;
they receive and consider applications, letters, complaints and other appeals from employees about violations of their labor rights, take measures to eliminate the violations identified and restore the violated rights.
Based on the foregoing, guided by the legislation of the Russian Federation, in particular Art. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, Art. 151, 1099-1101 Civil Code RF, part 1 of Art. 145.1 of the Criminal Code of the Russian Federation,

1. Consider this complaint on the merits.
2. Conduct an audit of LLC __________ on the facts indicated by me (legal address: _____________________________; actual address: _________________________________ general manager- ___________), restore my violated rights and bring the perpetrators to justice.
3. Respond to this complaint as soon as possible.

Applications:
1. Copy of the claim
2. Copy of the employment contract

" " ________________G. ___________ / _____________ /

Cases when employees file complaints with the labor inspectorate about certain work-related problems are not so rare. The law is almost always on the side of employees whose rights have been violated by the employer.

Files
Download blank form Download fill pattern complaints to the labor inspectorate.doc

There are many reasons for writing applications to the labor inspectorate.

1. There are often cases of violations associated with various types of payments: wages, vacation pay, sick leave, settlement, etc.
2. It happens that employers deprive an employee of vacation or force him to go to work on weekends and holidays without providing any compensation in return, let alone paying overtime.
3. Sometimes employers violate the work and rest regime, safety rules at work, exceed the established duration of work shifts, etc. - all this also becomes a reason for a complaint to the labor inspectorate.
4. The unjustly dismissed employees also turn to the inspectorate with demands to reinstate them in their posts.

The document is written to the address of the local territorial labor inspectorate (its offices operate in all major cities and towns).

The deadline for filing a complaint is three months from the date of the labor dispute.

After that, the complaint will not be accepted for consideration and the employee will have only one way - to file a lawsuit against the company to restore justice.

It should be noted that a complaint can be filed both during the period of work at the enterprise and after dismissal.

The legislator clearly regulates the period of consideration of such applications. In most cases, it does not exceed thirty days, but sometimes, for some reason (justified), it can be extended, but also for a period not exceeding one month.

Labour Inspectorate - government agency, which is designed to deal with difficult situations in the relationship between the employee and the employer, therefore, like any other state structure, it does not accept anonymous complaints.

To maintain confidentiality, a clause can be directly included in the complaint with a request that information about the complainant does not reach the employer.

In addition, it is necessary to indicate the contact information of the applicant, his address and telephone number for feedback.

According to the law, labor inspection specialists must take the necessary measures to resolve the conflict and, based on the results of the proceedings, send a response to the complainant.

Writing a complaint does not guarantee that it will be satisfied in full, perhaps partial satisfaction, or even a refusal, but in any case, the decision must be made strictly in accordance with the current legislation of the Russian Federation. In the process of considering a complaint, lawyers of the labor inspectorate (namely, these specialists are directly involved in the investigation of labor disputes) will contact the employer with a requirement to provide them with all the necessary information for the proceedings. Then, if violations are detected in any part, the employer will be issued a request to eliminate them, as well as imposed penalties.

If the applicant does not agree with the decision of the territorial labor inspectorate, he has the right to appeal it to a higher authority (for example, by writing a statement to the chief labor inspector of the Russian Federation) or in court.

There is no legally established unified sample of the complaint, so that the employee can write it in any form. However, it is necessary to adhere to some standards for writing this kind of documents, namely:

• specify the addressee, i.e. name and number of the labor inspectorate,
• own personal data (position, surname, name, patronymic),
• the essence of the problem in as much detail as possible.

If problems arise with the preparation of a complaint, you can seek the help of an independent lawyer (but this is a paid service), or you can use the advice of an employee of the labor inspectorate.

When drawing up an application, you need to refer to the violated norms of the law (it is advisable to indicate specific articles), and also add a list of attached documents to it.

You should be extremely careful when writing a complaint, since it has the status of a legally significant document and in the future can serve when you apply to the court.

All information contained in it must be reliable, make mistakes, and even more so, it is impossible to include deliberately false information in the document. Otherwise, if such facts are revealed, the employee may receive a well-deserved punishment (for example, for libel).

The document can

• write by hand (directly at the labor inspectorate),
• print on a computer (at home, in advance).

Regardless of which option is chosen, you need

• personally sign it
• and put down the date of writing (it must correspond directly to the day of treatment).

Making a complaint is better in duplicate, both must be endorsed by the receiving specialist, and then one must be transferred to the inspection, and the second must be kept for yourself.

The document can be transferred personally from hand to hand to a labor inspection specialist, or you can send via Russian Post... In this case, the complaint must be sent by registered mail with acknowledgment of receipt, however, one must not forget that this method is quite time consuming. Today, a third way has also become widespread: filing a complaint across electronic means connections.

Statement of claim for the recovery of compensation for the delay in the work book. The delay in issuing a work book upon dismissal is a violation of the law. In this case, it is necessary to apply to the court with an application for the collection of wages due to the delay in issuing a work book. The delay in issuing a work book is a violation of Article 62 of the Labor Code of the Russian Federation, and on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer does not allow you to work legally. As a result, on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the unreceived earnings in all cases of illegal deprivation of the opportunity to work. In my case, when I was simply dynamited with the issuance of a work book and did not make a final settlement, I just went to court with a statement of claim for the recovery of wages and moral damage. We discussed earlier how to prove non-pecuniary damage.

If at that time I drew attention to Article 234 of the Labor Code of the Russian Federation, I would definitely ask the court to collect the unreceived earnings.

Upon dismissal of an employee (termination of an employment contract), all entries made in his work book during the time of work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the employer's seal and the signature of the employee himself. If the work book was filled out in the state language of the Russian Federation and in the state language of the republic within the Russian Federation, both texts are certified.

The employer is obliged to issue the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it. In the event of a delay in issuing a work book to an employee through the fault of the employer, entering an incorrect or inappropriate work book into the work book federal law the wording of the reason for the dismissal of the employee, the employer is obliged to compensate the employee for the earnings not received by him for the entire period of delay. The day of dismissal (termination of the employment contract) in this case is the day of issue of the work book. On the new day of dismissal of the employee (termination of the employment contract), an order (order) of the employer is issued, and an entry is made in the work book. The previously made entry on the day of dismissal is invalidated in the manner prescribed by these Rules.

If, on the day of dismissal of the employee (termination of the employment contract), it is impossible to issue a work book due to the absence of the employee or his refusal to receive the work book, the employer sends the employee a notification about the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address indicated by the employee is allowed only with his consent. From the day the specified notification is sent, the employer is released from liability for the delay in the issuance of the work book to the employee.

In the event of the death of an employee, the work book, after making a corresponding entry in it on the termination of the employment contract, is handed over to one of his relatives against receipt or sent by mail upon a written application from one of the relatives.

To court
Plaintiff: __________________
Address:__________________
Defendant: _______________
Address:__________________

Statement of claim for the recovery of compensation for the delay in the work book

I, _____________, worked in the organization ____________ from "__" ______ 20__ to "__" _________ 20__ in the position of ____________. By order N. ______ of _____, I was dismissed from my post under Art. ____ Labor Code of the Russian Federation with "__" ________ 20__
In accordance with article 62 of the Labor Code of the Russian Federation, upon termination of the employment contract, the employer is obliged to issue the employee a work book on the day of dismissal. However, to date, the work book has not been issued to me, despite my repeated requests.
According to article 234 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work, including when the employer delays in issuing a work book to the employee.
In connection with the above and on the basis of Articles 62, 234 of the Labor Code of the Russian Federation, Art. 131-133 Code of Civil Procedure of the Russian Federation,

1. To collect from ______________ wages in the amount of __________ rubles. during the delay in issuing a work book from _________ to the day of its actual issuance.

Application:
1. Copy statement of claim to the defendant.
2. Other available documents

"__" __________ 20__ ____________
(signature)

RAA Law

Categories: | |

A worker, if he does not have one, can be a serious obstacle to resolve the issue of employment, significantly reducing the opportunity to negotiate with the employer.

Labor legislation, as well as civil proceedings, closely monitor the observance of the employee's rights by the employer and hold him liable for the timely return of the Labor Code after dismissal. The law is binding.

Terms of issue upon dismissal

Labor legislation provides for the dismissal of an employee in compliance with certain sequential actions:

1. Submitting an application for resignation and signing it with the manager knowingly, 15 days before the termination of the employment contract.
2. Obviously, 3 days in advance, warning the employee upon dismissal for disciplinary action.
3. Issuance of an order by the employer.
4. Making an entry in the "information about work" in the labor. What kind of seal is put in the work book upon dismissal - read.

Based on Art. 84.1 of the Labor Code of the Russian Federation, laborer must be issued at his request on the last working day. On this day, an appropriate record of dismissal must be made in the document, based on:

• on the corresponding article of the Labor Code of the Russian Federation;
• on the issued order of dismissal.

In addition to making an entry, the employer or an authorized person prepares documents where the signatures of the person receiving the book will be entered. These include:

1. Personal account card of employees of the organization (enterprise).

If it is withheld or not issued within the specified period due to the fault of the employer, he is obliged to in good faith postpone the day of dismissal to the date when the employee is duly transferred to him.

For the additional period required to organize the issuance of the Labor Code, the employer is obliged to pay an allowance based on the average wage of a retired employee.

If the resigned person could not receive it within the next three days, such a delay can be considered a gross violation of the legal rights and freedoms of a citizen of the Russian Federation.

In particular, the right to free labor, which is an inalienable constitutional right of every citizen of the Russian Federation.

Does the employer have the right not to give?

The employer does not and cannot have such a right. Not only does he not have the right to detain the document, he is obliged to show activity and initiative if the employee is negligent in receiving his own book.

On the last working day of the resigning person, the authorized employee, is obliged to call him or otherwise contact him and remind him of the need to pick up the TC.

If the employee is not present at the workplace on the last day, the employer is obliged to notify him in writing, by registered mail, of the need to pick up his book.

The documents of the sent notification must be kept in the personal file of the former employee. The TC must be returned even if the employee is outside the village and cannot personally receive his book.

In this case, you can use the following options:

1. With the written consent of the dismissed employee, it is sent by the Russian Post.
2. Transfer it through an intermediary on the basis of a power of attorney certified by a notary.

In no case should you:

1. Withhold the TC if the employer has imposed material responsibility on the employee.
2. Force him to sign a detour sheet or otherwise delay the issuance of the TC.
3. To force a specialist to perform (complete) the work necessary for the employer.
4. Blackmail him and threaten him, for example, with dismissal "under the article" in case of refusal to comply with the employer's condition.

Knowing about the impending labor liability for non-issuance, the employer, who does not want to let go of the employee he needs, usually acts in a different way - does not accept his letter of resignation.

An employee's ability to receive (establish) a TC, instead of a book not issued by the manager?

A work book is a special accounting document that must be kept in conditions of increased protection, which does not allow:

• damage;
• theft;
• lose.

The storage rules for the TC are indicated by the Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books".

On their basis, it is determined that a new book, instead of a lost one, can be issued only on the basis of a document stating that it must be replaced. However, the issue of loss or damage to labor will become a burden of responsibility for the person authorized to keep it.

If, instead of a work one, you are issued a certificate stating that it is damaged, as well as an act that confirms this, you can count on the fact that at your new workplace you will be provided with a new book. If you consider the issue of replacing a labor in court, the perpetrator will compensate for the losses for its restoration.

Where to go if you do not give your work book - read.

If replacement documents are not provided, a new booklet will not be issued to replace the lost one. In this case, you have the following options:

1. Wait for the solution of the issue through the court, on the basis of which a new book can be entered. In this case, the entire preceding seniority can be restored.
2. Inform the employer that the book has been lost. He will start a new one, but the responsibility for its absence will be assigned to you, and not to former employer who did not return it.
3. Start a shopping mall at a new job, without the possibility of restoring the old one. Work experience will not be restored, but you will not miss out on a new employer's offer.

The latter method does not rely on the legal basis, however, in none of the instructions or provisions on the use of the TC, there is no indication of the illegality of such actions.

If the employer does not give the work book, what to do

The following cases are most common when the employer avoids issuing a labor certificate or outright refuses to issue it:

1. Does not want to let the employee go, as he needs him for the production process.
2. Demonstrates his power among the members of the work collective, realizing the degree of the violation committed.
3. He is incompetent in matters of labor law and poorly aware of his responsibility.
4. The employee is lost or damaged, and the authorized person is trying to avoid responsibility.

Knowing the motives for the detention of labor, you will be able to orient yourself most adequately in the ongoing process. If they are not clear to you, you need to cover them with a single algorithm of actions.

They do not give the work book after dismissal - where to go?

Act with confidence, the protection of the employee's rights in labor disputes can be considered in various instances, where to go if they do not give the work book upon dismissal:

1. The Labor Dispute Commission (LCC) at the enterprise from which you are leaving.
2. Labor Inspectorate of your area.
3. By the District Court at the location of the organization.
4. The prosecutor's office.

Terms of application

Keep in mind that the solution to the question has 1 month limitation period on all issues concerning labor relations... By a court decision, he can be extended up to 3 months, subject to your active attempts to return the TC from the employer.

The framework of the established period is motivated by the fact that for the forced time of your absence, while you could not receive your book from the employer, you are entitled to compensation in the amount of the average salary paid to you in the last position. Accordingly, the terms of the provided payment are limited.

This period is counted from last day work at the enterprise, in accordance with the order of dismissal. But if the order is not issued, and your application disappeared for unknown reasons, you will have to act from the very beginning, submitting an application in accordance with all the rules.

Write a statement in duplicate, submit it to the head, explaining that he must sign the first statement as a responsible person, and the second copy is a copy. A copy is needed for safety net, in order to avoid the precedent of losing the submitted application.

After signing both copies, leave one of them for production, checking that it was correctly registered in the journal of incoming correspondence. Leave the second copy for safekeeping.

After that, after 15 days, you have the right to demand the issue of labor. In this case or in other situations, when the employer has already issued a dismissal order, the book is issued without delay. If it is not issued within three days after dismissal, you have the right to apply to the CCC, if it is available in your division or at the enterprise.

In other cases or at your discretion, you can contact the labor inspectorate... According to the resolution issued by these organizations, which defend the interests of workers, it is possible to receive a detained book.

If the consideration of the issue is denied to you or the decision is not in your favor, after the received refusal or negative decision, you can submit documents to the district court at the location of the defendant's organization (Article 35 of the Arbitration Procedure Code of the Russian Federation). Without preliminary consideration of the issue by the CCC or the labor inspectorate, the court will not accept documents for production.

However, pay attention to the reason for the refusal to consider your question. In some cases, the employer is relieved of responsibility for the late issuance of the TC. These may include situations:

1. If the date of dismissal does not coincide with the last day of work of the dismissed on the basis of clause 6, part 1 of article 81 or clause 4. Part 1 of Article 83 of the Labor Code of the Russian Federation (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).
2. Upon dismissal of a woman, the term of the contract with which was extended on the basis of pregnancy (part 2 of article 261).
3. After the employer has taken appropriate steps to transfer to the labor owner.

In these cases, the employee can apply with a request to issue or send a document, there should be no obstacles in terms of receipt.

Sometimes not issuing a book is associated with serious problems, which comprehensively affect several aspects of labor legislation. For this reason, many employees immediately apply to the prosecutor's office.

It is necessary to apply to the district prosecutor's office of the region where the organization against which the complaint is being filed is located. The employee writes a statement to the prosecutor.

One small nuance is needed to apply - the employer really did something wrong to you, and you did everything in the right way.

In this case, the appeal will be as effective as possible, and the presumptuous manager will answer for all violations at once, which will be revealed by the prosecutor's check. Based on the results of the prosecutor's check, you will be given a document and paid for the forced absenteeism.

, unlike a claim, is written in free form, without references to articles and other grounds. Here you just need to state the circumstances of the case in a laconic form, indicating:

• dismissal dates;
• organization name;
• your personal data;
• personal data of the responsible person.

Application to the prosecutor's office for non-issuance of a work book - sample:

The standard in this application should be only the "header", which is drawn up in the upper right corner of the A4 sheet. In it, in strict sequence, the following should be indicated:

1. To the prosecutor (indicate the name) of the district, city (name).
2. Surname, name, patronymic of the prosecutor.
3. From whom, indicating the surname, name, patronymic, home address of the applicant.
4. Applicant's contact phone number.

After the name of the document, the text itself is drawn up, with a request for a prosecutor's check in order to protect your rights. Indicate that the work book was not issued to you illegally. Expect the results, which will certainly be presented to you in writing.

Employer responsibility for storage and production of TC is imposed on the basis of Article 45 of the Rules (No. 225), which declare the need to organize conditions in production, where the degree of protection of these documents will be extremely high.

In addition, responsibility can be imputed to a specially authorized person on the basis of job descriptions or the order of the head.

In this case, the responsibility will turn out to be considerable. In accordance with Art. 5.27 of the APC RF, he can be held liable in the form of an administrative fine from 30,000 rubles to 50,000 rubles. The authorized person can be fined in the amount from 1,000 rubles to 5,000.

If, through his negligence or abuse, a worker or several persons have been lost, which entailed unpleasant consequences for them - responsibility can go to the level of criminal:

1. On the basis of Article 140 of the Criminal Code of the Russian Federation - not providing information.
2. On the basis of Article 293 of the Criminal Code of the Russian Federation - negligence.
3. Art. 324, 325 or 292 of the Criminal Code of the Russian Federation are imputed in the case of a deliberate selfish order of a worker.

In addition, an employee who suffered from a work book that was not issued on time due to a civil claim in court has the right to recover compensation for moral damage from the employer.

Recovery takes place by filing a statement of claim with the district court at the location of the employer. There are more than enough legal grounds for this - these are Article 151 of the Civil Code of the Russian Federation. Also articles of the Labor Code of the Russian Federation: 3, 21, 22, 237, 294.

Usually, moral damage is recovered along with material damage, which in this case will be the payment of a forced absence. You can recover moral harm for the suffering caused to you, related to the violation of your rights, for discrimination, humiliation that you have suffered from the employer who did not want to give out labor.

It is very appropriate to recover non-pecuniary damage in case of an offensive, derogatory form of behavior towards you in the presence of third parties.

If there are facts of a difficult life situation in which you were very difficult and morally uncomfortable- indicate this in the application. For example:

1. You got upset nervous system and you went to the doctor (provide a certificate).
2. You started to feel depressed and needed the help of a psychologist or psychotherapist.
3. You suffered from powerlessness and resentment that you were treated unfairly.

All your claims expressed in the lawsuit must be confirmed by certificates or testimony and ask the court to recover for moral damage a specific amount of money determined by you.

Conclusion

If after your dismissal your book has not been issued to you, act in complete confidence, demanding its issuance, regardless of the motivation for keeping the work book by your former boss or the person authorized to issue it. The employer does not have this right.

In this case the employee has every right to enforce his claims and support from higher authorized organizations, regardless of the reason why the work book was not returned.

For the loss of this document, the manager and the employee responsible for storage will be charged with administrative, and in some cases, more serious liability.

B (indicate the name of the court to which the application is submitted)

Plaintiff / Representative of the Plaintiff: (indicate name, place of residence, other information may be indicated: phone numbers, fax numbers, e-mail addresses)

Defendant: (indicate the name of the defendant, location, other information may be indicated: phone numbers, fax numbers, e-mail addresses)

Claim price: (amount in rubles)

Statement of claim

I, (indicate your full name), in the period from "__" ________ 20__ to "__" ________ 20__ worked (indicate the full name of your employer) (hereinafter - the Respondent) in the position of (indicate the position or positions in which you worked during the specified period of time). A copy of the employment contract dated "___" ________ 20__ year No. (indicate the number and date of the employment contract under which you worked, if any), a copy of the work record book and the order for appointment to the position from "___" _______ 20__ are attached (do not forget to attach to the statement of claim copies of the work book and the order on the appointment to the position, if any).

I applied (s) to the Respondent on "___" ________ ___ year with a statement to terminate a fixed-term employment contract with me from "___" ________ ___.

After the expiry of the term of the notice of dismissal, I stopped work and filed a request to issue me a work book, a copy of an order to terminate an employment contract, a certificate of salary, (other documents related to work), as well as the final settlement with me. On the last day of work, the defendant did not give me the work book and the indicated documents, he did not make the final settlement with me.

Due to the delay in issuing a work book and documents related to work with the Respondent, I was unable to get a job at new job(or other circumstances).

In accordance with article 165 of the Labor Code of the Russian Federation, the Defendant is obliged to pay me compensation for the delay through his fault in issuing a work book to me upon dismissal. The size of my average salary is (indicate the size of the average salary) rubles per day. Compensation payable is calculated for the time from "___" ________ ___ (to calculate after three days from the date of filing with a written request) and until the date of actual issue. At the time of filing the claim, the amount of compensation is (indicate the amount) rubles.

Based on the foregoing and in accordance with Articles 84.1, 165, 234, 237, 391, 392 of the Labor Code of the Russian Federation, guided by the provisions of Articles 22, 24, 131, 132 of the Civil Procedure Code of the Russian Federation,

Request from the Respondent my work book, a copy of the order to terminate the employment contract with me, a certificate of the amount of my salary, (other documents related to work).

To collect from the Respondent in my favor the salary not paid to me upon dismissal for (indicate the period) in the amount of (indicate the amount to be collected) rubles.

Due to the delay in issuing me a work book, to collect compensation from the employer in the amount of (indicate the amount to be collected) rubles.

Appendix: (attach to the statement of claim all available documents in your case, listing them and briefly describing them):

1. A copy of the statement of claim on ___ sheets in ___ copies (indicate the number of sheets of the statement of claim, the number of copies by the number of defendants and third parties);

2. A copy of the employment contract dated "_" _______ 20__ year No.__ on __ sheets (indicate the number of sheets of the contract, the number of copies by the number of defendants and third parties if they do not have the specified document);

3. A copy of the order on appointment on ___ sheets in ___ copies (indicate the number of sheets, the number of copies by the number of defendants and third parties if they do not have the specified document);

6. Calculation of the amount recovered (signed by the plaintiff, his representative) on ___ sheets in ___ copies (indicate the number of sheets, the number of copies by the number of defendants and third parties).

7. Documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies.

8. Power of attorney or other document certifying the authority of the plaintiff's representative.

"___" __________ 20__.

Plaintiff / Representative of the plaintiff (if he has the authority to sign the application and submit it to the court): _________ (full name and signature).

A sample, a form for filling out an application to the court of the Russian Federation if they do not issue a work book. In accordance with article 165 of the Labor Code of the Russian Federation.

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