When is an employer required to issue work book retiring employee? What types of liability are provided for the employer in case of delay in issuing this document? What is the liability of the employer? How is compensation paid for the delay? In what cases is the employer released from liability?

The form, procedure for maintaining and storing work books, as well as the procedure for producing forms of work books and providing them to employers are established:

• Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”;
• Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69.

Based on Part 4 of Art. 84.1 of the Labor Code of the Russian Federation on the day of termination employment contract the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Art. 140 of the Labor Code of the Russian Federation. A similar requirement is contained in the Rules for maintaining and storing work books: the employer is obliged to issue to the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it. If on this day it is impossible to issue a document due to the absence of the employee or refusal to receive it, the employer is obliged to send him a notification about the need to appear for a work book or agree to send it by mail.

At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the request. For violation of the terms for issuing a work book, labor legislation provides for liability. Which?

Material liability

Based on Art. 232 of the Labor Code of the Russian Federation, a party to an employment contract (employer or employee) that caused damage to the other party compensates for this damage in the manner prescribed by the Labor Code of the Russian Federation and other federal laws. An employment contract or agreements concluded in writing to it, the liability of the parties to this contract may be specified. Moreover, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher than provided for by the Labor Code or other federal laws.

Article 233 of the Labor Code of the Russian Federation specifies that the material liability of a party to an employment contract occurs for damage caused by it to the other party to this contract as a result of guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

So, by virtue of Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for material damage - earnings not received by him in all cases of illegal deprivation of his opportunity to work, including in the event of a delay in issuing a work book. This is also stated in paragraph 35 of the Rules for maintaining and storing work books: if the issuance of a work book to an employee is delayed due to the fault of the employer, if an incorrect or inconsistent wording of the reason for dismissal of the employee is entered into the work book, the employer is obliged to compensate the employee for the earnings that he did not receive for the entire time of the delay. The day of dismissal (termination of the employment contract) in this case is the day of issuance of the work book. An order (instruction) of the employer is issued on the new day of dismissal of the employee, an entry is made in the work book. A previously made entry on the day of dismissal is invalidated in the manner prescribed by the Rules for the maintenance and storage of work books.

For your information

The legislator believes that the untimely issuance of a work book makes it impossible for the former employee to find a job in a new place; accordingly, the employee must be compensated for lost earnings.

Note that the points of view of the courts on the issue of collecting lost earnings during the delay in issuing a work book are divided. Some believe that the fact of a delay in the issuance of labor is sufficient for recovery. So, Sh. applied to the Dzerzhinsky District Court of St. Petersburg with a lawsuit against LLC. She asked the court to oblige the defendant to change the date of dismissal to the date of issue of the work book and to recover compensation in connection with the delay in issuing the work book for seven months. Sh. wrote a letter of resignation, according to which November 28, 2014 was her last working day. On that day, Sh. was not given a work book, and on February 26, 2015, she received a notification about the need to come for a work book. The employer believed that he had not committed a violation, as he had sent a notification to Sh. However, the court thought otherwise. During the proceedings, it was established that Sh. was at the workplace on the day of dismissal, there were no grounds for not issuing a work book. A notice of the need to receive a book or agree to send it by mail was sent to the employee on February 20, 2015, that is, after almost three months from the date of dismissal. Sh. received a work book during the consideration of the case on 07/01/2015. Since the employer did not take all measures to hand over the work book to the resigned, the court exacted compensation for the delay in issuing the work book for the period from 11/28/2014 to 02/20/2015, and also changed the date of dismissal to 02/20/2015 (Appeal ruling of the St. .2015 No. 33-18051/2015).

Other courts find out whether the delay in the work book by the employer really prevented the dismissed person from finding a job in a new place, and depending on this, they make a decision. In particular, A. applied to the court with a claim for the restoration of violated rights, since on the day of dismissal she was not paid and she was not issued a work book. The employer refused to do this, referring to A.'s debt to him. Considering the case, the court found that the employer really delayed the issuance of the work book.

At the same time, according to the court, the legislator connects the possibility of the employer's material liability to the employee for the delay in issuing a work book with the guilty behavior of the employer. It was found in court that the employer had telephone conversations with A. about receiving the book, that is, he had taken steps to hand it over. And the plaintiff herself at the court session explained that after her dismissal she did not intend to get a job, she did not make any attempts to find a job.

Refusing to recover compensation for the delay in issuing a work book, the court pointed out that such a delay in itself does not indicate the deprivation of A.'s right to work through the fault of the employer, since as a result of the actions of the latter, no obstacles were created to the conclusion of A. with another employer of an employment contract and receiving her wages. In this regard, imposing on the employer the obligation to compensate A. for property damage in the form of payment of earnings cannot be recognized as corresponding to the provisions of Art. 234 of the Labor Code of the Russian Federation.

The arguments of the complaint that, according to Art. 234 of the Labor Code of the Russian Federation, in itself, the non-receipt of a work book by the plaintiff indicates the deprivation of her right to work, which means that the employer is obliged to compensate the employee for lost earnings, the court considered them untenable, since they are based on a different interpretation of the current labor legislation (Appeal ruling of the Lipetsk Regional Court of 09/21/2015 in case No. 33-2603/2015).

If, nevertheless, the court sided with the former employee, you will have to pay compensation for the delay in issuing the book. Recall that the rules for calculating average earnings are set out in Art. 139 of the Labor Code of the Russian Federation. Plenum of the Supreme Court of the Russian Federation in clause 62 of Resolution No. 2 of March 17, 2004 “On the application by courts Russian Federation of the Labor Code of the Russian Federation” explained that since this norm set single order calculation of the average wage for all cases of determining its size, in the same order should be determined average earnings when collecting money over time forced absenteeism caused by the delay in issuing a work book to a dismissed employee (Article 234 of the Labor Code of the Russian Federation). Keep in mind that the features of the procedure for calculating the average wage are determined by Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

Compensation payment processing

Documents drawn up by the employer to pay compensation for the delay in issuing a work book differ depending on the basis. Let's consider them.

1.By the tribunal's decision.

As soon as the employer has a court decision to pay compensation, the employer must issue an order for compensation. Let's take an example of an order.

Municipal budgetary preschool educational institution

« Kindergarten No. 17 "Kid"

(MBDOU "Kindergarten No. 17 "Kid")

Order No. 49

on the payment of compensation for the delay in issuing a work book

Based on Art. 234 of the Labor Code of the Russian Federation and the decision of the Sverdlovsk District Court of Kostroma dated October 30, 2015 No. 5-5784 / 2015

I ORDER

to pay L. V. Kudryashova compensation for the untimely issuance of a work book in the amount of 18,113 rubles. 42 kop.

Director Zanozina/A. O. Zanozina /

Familiarized with the order:

Accountant Kozina, 11/11/2015/L. V. Kozina /

Since in the event of a delay in issuing the book, the date of dismissal of the employee changes, the employer will have to issue another order (instruction) - on a new day of dismissal, and also make an entry in the work book. An earlier entry on the termination of the employment contract is recognized as invalid. This is stated in par. 4 clause 35 of the Rules for maintaining and storing work books

2.According to a former employee.

It is not at all necessary to wait for the court's decision - everything can be settled peacefully. Perhaps the employee will apply for compensation, and the employer will satisfy it or refuse it. In the latter case, most likely, the former employee will go to court. So, in the case of a “pre-trial” settlement of the issue, the employer must receive an application from the dismissed person with a request to pay compensation for the delay in issuing a work book, on the basis of which (if agreed) an order is issued.

In order to pay compensation, so to speak, voluntarily, the employer needs to calculate the period of forced absenteeism caused by the delay in issuing the book. Such a period is calculated from the day following the day when the employer was supposed to issue a labor or send a notification about the need to receive it, to the day the dismissed person received the book or sent him a notification.

Example

A. I. Volkova was dismissed own will 10/12/2015. On the day of dismissal, she did not receive a work book. Working hours - five days work week. Labor issued on 11/19/2015. For what period is compensation due if the average daily earnings of A. I. Volkova on the day of dismissal amounted to 780 rubles. 32 kopecks?

Determine the number of working days to be paid. Compensation for A. I. Volkova is due for the period from 10/13/2015 to 11/19/2015 - for 27 working days. The amount of compensation for the delay in issuing a work book in this case will be 21,068.64 rubles. (780.32 rubles x 27 working days).

Let us focus on one point: the employee himself may refuse to receive a work book on the day of dismissal. In this case, we recommend that the employer draw up an appropriate act and present it to the dismissed person for review. If he refuses to read the act, draw up another one confirming this fact. Mandatory after drawing up acts in accordance with the requirements of Art. 84.1 of the Labor Code of the Russian Federation, send a notice of the need to appear for a work book by mail. What for? We'll tell you a little later.

For your information

Labor books and their duplicates, which employees did not receive upon dismissal, must be kept by the employer until demand (clause 43 of the Rules for maintaining and storing labor books). The shelf life of work books is 75 years (Order of the Ministry of Culture of the Russian Federation dated August 25, 2010 No. 558 “On approval of the List of standard managerial archival documents generated in the course of the activities of state bodies, bodies local government and organizations, indicating the terms of storage").

When the employer is released from liability for the delay

The Labor Code determines that in some cases the employer is not responsible for the delay in issuing a work book. In particular, Part 6 of Art. 84.1 of the Labor Code of the Russian Federation establishes two such cases:

1. If it is impossible to issue a work book to an employee on the day of termination of the employment contract. For example, he is absent from work or refuses to receive a book. In this case, the employer is obliged to send him a notice of the need to appear for a work book or agree to send it by mail. From the date of sending the notification, the employer is released from liability for the delay in issuing a work permit.

Note that the notification of the need to appear for a work book or agree to send it by mail is an important document: you should not send a book by mail without the written consent of the employee to this. Thus, the employer was charged compensation for the delay in issuing a work book, since it was not issued to the employee on the day of dismissal and without obtaining written consent from him, as required by Art. 84.1 of the Labor Code of the Russian Federation, it was sent by mail. The employer did not have evidence of the issuance of a work book to the employee upon dismissal, including against signature in the manner prescribed by paragraph 41 of the Rules for maintaining and storing work books. As a result, the plaintiff's claims for the recovery of average earnings during the delay in the work book were satisfied (Appeal ruling of the Voronezh Regional Court dated July 29, 2014 No. 33-3589).

2. If the last day of work does not coincide with the day of registration of the termination of employment upon dismissal of an employee on the grounds provided for in paragraphs. "a", paragraph 6, part 1, art. 81 (for) or paragraph 4 of part 1 of Art. 83 (condemnation of an employee to a punishment that precludes the continuation of the previous work) of the Labor Code of the Russian Federation, as well as upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with Part 2 of Art. 261 of the Labor Code of the Russian Federation. In these cases, 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 such request.

Compensation for moral damage

In addition to compensation for the delay in issuing a work book, an employee may demand compensation for moral damage.

What is considered moral damage, for which compensation is due, - the Plenum of the Supreme Court of the Russian Federation explained in Resolution No. 10 of December 20, 1994 “Some Issues of the Application of Legislation on Compensation for Moral Damage”. It is stated there that moral or physical suffering caused by actions (inaction) that encroach on intangible benefits belonging to a citizen from birth or by virtue of law (life, health, personal dignity, business reputation, inviolability privacy, personal and family secrets, etc.etc.), or violating his personal non-property rights (the right to use his name, the right of authorship and other non-property rights in accordance with laws on the protection of rights to the results of intellectual activity), or violating the property rights of a citizen.

According to Art. 237 of the Labor Code of the Russian Federation, moral damage caused to an employee by unlawful actions or inaction of the employer is compensated in cash in the amount determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.

The Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 indicated that the amount of compensation for moral damage is determined by the court, based on the specific circumstances of each case, taking into account the volume and nature of the moral or physical suffering inflicted on the employee, the degree of guilt of the employer, other circumstances worthy of attention, as well as the requirements of reasonableness and justice.

Almost every claim for the restoration of the violated rights of an employee is accompanied by a claim for compensation for moral harm. If the court takes the side of the worker, it also satisfies the last requirement. Compensation for non-pecuniary damage must also be issued by order.

Other expenses

In addition to paying compensation, the employer may have to bear other costs. In particular, if the claim for compensation for the delay in issuing a work book was considered by the court, which sided with the dismissed person, court costs must be reimbursed. According to the Code of Civil Procedure of the Russian Federation, they consist of the state fee and the costs associated with the consideration of the case (part 1 of article 88). What is considered a cost - it is said in Art. 94 of the Code of Civil Procedure of the Russian Federation: amounts payable to witnesses, experts, specialists and translators, expenses for paying for the services of representatives and related to the consideration of the case, postage, etc.

An administrative fine is another possible expense for the employer. The delay in issuing a work book is in fact a violation of labor legislation, for which part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for legal entities - a fine from 30,000 to 50,000 rubles.

If the regulatory authorities establish that the delay in issuing a work book has already taken place and the employer was brought to administrative responsibility for this, in the event of another delay, the fines will be more significant and for legal entities will range from 50,000 to 70,000 rubles.

The question "what to do if the employer does not give the work book?" common. First of all, you need to try to resolve the issue with the boss in an amicable way. If this method did not solve the problem, then you need to go to court to defend your labor rights.

The duty of the chief to give the work book to the dismissed employee. Violation of labor rights

Legal relations that arise in this area are regulated by the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). regulates the obligation of the employer to return the work book of an employee who leaves:

“On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of this Code. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

The return must occur on the last day, which, according to the letter of resignation or other reasons, is considered to be working.

Important: the employer may incur administrative responsibility if they are indicated in the work book.

The legislation of the Russian Federation identifies several cases in which the employer has the opportunity not to issue a document to the employee and not be punished:

1. On the day when it is planned to terminate the employment contract, the employee is absent from the organization.
2. The employee himself refuses to take the book.

In this case, the boss needs to send a notification to the employee that he must pick up all his documents. If after that he is not, then the papers are sent by registered mail.

By law, the organization issues a document on the last working day or within three days after an appeal is received from a leaving citizen.

How to pick up a work book from an employer

The most effective way to resolve this issue is to draw up a statement of claim and submit it to the court. It is best to fill out this paper with the help of a lawyer, since important points can be missed when drafting.

Attention: you must first notify the supervisor and send him the usual application for extradition.

If the boss ignores the request, it is necessary to go to court. The algorithm of the employee's actions is as follows:

1. Drafting a statement of claim (you must consider the rules below). An application can be made to the district court at the location of the enterprise.
2. You can file a lawsuit in court within a month from the date of dismissal. That is why you should not delay the process.
3. Once filed, litigation begins. After the court decision, the employer is obliged to pay compensation for the delay and return the book.

Lawyers highlight the main points that must be observed when writing a claim on this issue:

1. The lawsuit provides for a special structure. It must be observed.
2. Each fact and offense is listed to accurately describe the tort.
3. The general content of the claim should be placed in a volume equal to three sheets.

The application itself, which is addressed to the employer, may look like this:

In addition, a person has the right to write a complaint against the head and address it to Rostrud. Rostrud is a special inspectorate that oversees labor and employment. The complaint is filed as follows:

The term of a citizen's appeal is not limited. The inspection allocates 30 days for consideration of his application.

Responsibility for keeping the work book with the boss

Delaying a work book is an offense. The Labor Code of the Russian Federation establishes the provisions that the official heading the organization undertakes to compensate for the damage caused to the employee (, as well as):

“The party to the employment contract (employer or employee) that caused damage to the other party shall compensate for this damage in accordance with this Code and other federal laws.” (Labor Code of the Russian Federation, Art. 232)

"The employer is obliged to compensate the employee for earnings not received by him in all cases." (Labor Code of the Russian Federation, Art. 234)

“Violation of labor legislation and other normative legal acts containing labor law norms, unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code,

- entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without formation of a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

It is noteworthy that the fines for legal entities and individual entrepreneurs differ. The legal entity must pay from 30 to 50 thousand rubles. In turn, the IP pays from one to five thousand rubles.

The institution of moral compensation in the Russian Federation is rather poorly developed. That is why in this case everything is individual. The court considers each specific case and makes different decisions.

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Topical issues

Does an employer have the right not to give a work book without a bypass sheet?

According to the legislation in force on the territory of the Russian Federation, the head is obliged to return the citizen's document (in this case, the book) even if there is no bypass sheet. Labor legislation does not regulate the mandatory presence of a bypass sheet.

The employer did not return the book, did not make the calculation and disappeared. What to do?

To decide this problem, a person must first contact Rostrud with a complaint and indicate a violation of their rights.

If the situation is not resolved, you should apply with a statement of claim directly to the court.

The employer did not formalize the employee, but does not give the labor. What to do?

In this case, you need to contact law enforcement. This is a serious offence. It should be noted that there is no specific rule in the legislation that can regulate the procedure in this case.

The boss does not return the work book and does not dismiss - what to do?

This case is a violation of the rights of the employee. There are two ways to get out of the situation:

1. Hold the head of the organization accountable. Attraction will take place in accordance with the Code of Administrative Offenses of the Russian Federation, namely, according to. By law, the organization will pay a fine.
2. File a lawsuit with a court requesting the recovery of funds from the organization. The resigning person is also entitled to compensation for non-pecuniary damage.

Is the new workbook legal?

You can start a new work book, but there must be a reason for this. In case of its loss, an application is written addressed to the new boss, after which such an opportunity is confirmed and a new book is started. If a person indicates false reasons for establishing a new document, then he is threatened with several types of liability (disciplinary - dismissal, administrative - a fine, in extreme cases, criminal).

Where to restore labor?

The work book is restored at the current workplace through the application of the employee. A new document is approved within 15 days. It is noteworthy that after accepting the application, the boss sends a request for data to the previous workplace.

In what cases is the employer's liability excluded?

Chapter 38 Labor Code RF regulates liability employer. It is noteworthy that it does not fix certain circumstances in which the boss has the right not to pay compensation for the harm caused.

It establishes only the obligation to pay.

Watch a video on what to do if a former employer does not return a work book

July 3, 2018, 13:47 July 30, 2018 23:46

The applicant was absent from work due to being on annual paid leave. Having returned to work from vacation, the applicant turned to the employer with a request to pay him wages, to which he received an answer that wages would not be paid, and the employer demanded that the applicant write a letter of resignation of his own free will. The applicant proposes to pay wage arrears. Issue a workbook. Pay compensation for moral damage and legal fees.

To Limited Liability Company "____________"
_______________________________

gr. __________________________, residing in
address: _____________________________

"In the order of pre-trial
dispute resolution"

CLAIM

Since ___________, I have been working at "__________" LLC as a manager on the basis of an employment contract No. ___ dated _______. According to clause 3.1 of the employment contract, the amount of my official salary amounted to __________ rubles per month. Which does not correspond to the established minimum wage in the city of __________ (the minimum wage for the city of __________ from _________ is ______ rubles).
In fact, my monthly income was ___________ rubles.
Since ___, I have been absent from work due to being on annual paid leave.
Having returned to work from vacation, I turned to you with a request to pay me wages for ____________, to which I received an answer that my wages would not be paid and you also demanded that I write a letter of resignation of my own free will.
I refused to write a letter of resignation of my own free will, to which you informed me that I had already been fired of my own free will, as confirmation, my work book was shown with a record of dismissal of my own free will.

"___" ____________, I came to you in order to receive unpaid wages, to receive a work book, but you did not give me a work book, did not make material calculations for the payment of wages, vacation pay.

I consider your actions to refuse to pay wages, issue a work book and pay vacation as unlawful and violate my legitimate interests for the following reasons.

In accordance with Article 2 of the Labor Code of the Russian Federation, one of the main principles of the legal regulation of labor relations is the obligation of the parties to an employment contract to comply with the terms of the concluded contract, including the right of the employer to require employees to fulfill their labor duties and respect the property of the employer and the right of employees to demand from the employer observance of his duties in relation to employees, labor legislation and other acts containing labor law norms; ensuring the right of workers to protect their dignity during the period of employment.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day the employment contract is terminated, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of the Labor Code of the Russian Federation. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
I believe that your actions related to the failure to issue me a work book upon dismissal are a violation of my labor rights and legitimate interests. As a result of not issuing a work book to me, I was deprived of the opportunity to get a job and work in the period from __.__.______ to __.___.______.

In accordance with Article 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for earnings that he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if the earnings are not received as a result of:
illegal removal of an employee from work, his dismissal or transfer to another job;
the employer's refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee in his previous job;
delays by the employer in issuing a work book to an employee, entering into the work book an incorrect or inconsistent wording of the reason for dismissal of an employee.

During the time during which I was deprived of the opportunity to work due to the fact that you did not give me a work book, I did not receive a salary.
Compensation for the delay in issuing a work book, according to the above calculation, is:
average monthly salary / average number of working days of the delay period * number of days of delay in issuing a work book = _____ rubles. /___ days * __ days = _________ rubles.

In accordance with Art. 21 of the Labor Code of the Russian Federation, the employee has the right to timely and full payment of wages and the provision of annual paid leave.
In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to pay in full the wages due to employees within the time limits established in accordance with the Labor Code, the collective agreement, internal labor regulations, and the employment contract.
Based on Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with equal pay for work of equal value.
Based on Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other directly related relations with employees must be guided by the provisions of labor legislation and other acts containing labor law norms.
In accordance with Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify each employee in writing of the constituent parts of the wages due to him for the relevant period, the amounts and grounds for the deductions made, as well as the total amount of money to be paid.
Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

According to Art. 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. 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 dismissed employee submits a request for payment.
The amount of salary arrears is _________ rubles.

By virtue of Art. 236 of the Labor Code of the Russian Federation in case of violation by the employer due date payment of wages, vacation pay, payments upon dismissal and other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to and including the day of actual settlement.

The interest for late payment of my wages will be:
for ____________ years, the interest for delayed wages is:
since ____________, the discount rate of refinancing is ____%, Instruction of the Central Bank of the Russian Federation No. ________ dated __________;
(_____: ___ x __ x __________): ____ = _________ rubles.
Total interest for delayed payment of wages will be: ________ (_______________________) rubles.

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.
According to Art. 115 of the Labor Code of the Russian Federation, the annual basic paid leave is granted to employees for a duration of 28 calendar days.
According to Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before it starts.
The debt for paying the next vacation is ________ rubles.

As a result of your unlawful actions, I suffered moral harm, expressed in the fact that due to the unpaid settlement to me upon dismissal, I was extremely short of money, due to the delay in issuing a work book, I could not find a job, as a result of which I could not adequately support my family, and also forced to spend his time and money on defending my legal rights.
I estimate compensation for the moral damage caused to me at ________ rubles.

In accordance with Art. 237 of the Labor Code of the Russian Federation, moral harm caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract.
My moral suffering is aggravated by the disrespectful attitude of the management of this organization towards its employees, who conscientiously fulfill their official duties.
In addition, in connection with the violation of my rights, I was forced to apply for legal assistance to ____________ LLC, to the cash desk of which a sum of money in the amount of ________ rubles was paid.
According to Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.

Based on the foregoing, in accordance with Art. 2, 21, 22, 84.1, 114-115, 140, 136, 234, 236, 237 of the Labor Code of the Russian Federation,

OFFER:
1. Give me a work book.
2. Pay in my favor wage arrears in the amount of ___________ rubles.
3. To pay in my favor a penalty for delayed payment of wages for the period from __.__._____ to __.__.____ in the amount of ________ rubles.
4. Pay in my favor compensation for the delay in issuing a work book upon dismissal in the amount of _________ rubles.
5. Pay in my favor compensation for vacation in the amount of _________ rubles.
6. Pay in my favor to compensate for the moral damage caused to me cash in the amount of _____________ rubles.
7. To pay in my favor _______ rubles, as compensation for the legal services I paid for.
In accordance with Art. 362 of the Labor Code of the Russian Federation, heads and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
Administrative responsibility for the payment of wages less than the minimum wage is established by Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. The fine for officials is from 1,000 rubles to 5,000 rubles, for legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
According to Art. 145.1 of the Criminal Code of the Russian Federation non-payment of more than two months of wages, pensions, scholarships, allowances and other statutory payments made by the head of the organization, the employer - individual out of mercenary or other personal interest, -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period 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.

If my requirements are not satisfied, I will be forced to apply to the competent authorities (the prosecutor's office, the State Labor Inspectorate, tax office…) for the protection of my rights and legitimate interests, as well as for bringing to justice those who violated my rights.

APPENDIX:
A copy of the employment contract.

"___" _________________ G. ________/______________/

In any case, every employer is faced with the fact that sooner or later his employees put a statement on the table of their own free will.

Do not give a work book after dismissal?

Of course, in this situation, you need to behave correctly. It is necessary to let go, even the most promising employee, because every citizen of our country has an established right to free work. But many employers can't just let an employee go and begin to put sticks in his wheels in every possible way. Banal and harmless encroachments on the opinion of an employee can even result in a significant fine and legal proceedings.

Often, employers try to attract the attention of an employee, and if he flatly refuses to stay, employers try in every possible way to delay the departure of a profitable employee.

This behavior forms the basis of many labor disputes, where the employee and the employer sort things out already in court.

Where to contact if the employer delays the return of the work book upon dismissal?

Not infrequently, upon dismissal, the employer does not hand over the work book to the employee. There may be several reasons for this. Perhaps the employer simply simply forgot that he was saying goodbye to the employee, swirled in business, and so on. Where to apply?

Or maybe the employer, as best he can, is trying to delay the moment the employee leaves, or even trying to take revenge on him for such an unexpected departure. One way or another, but the consequence of all these actions is the same - the employee is left without a work book, which means without the opportunity to go to get another job.

If they do not issue a work book, try contacting the personnel department of the enterprise.

Ask employees to do everything possible to return the document to you on time - otherwise you have every right to contact the appropriate authorities, as a result of which fines and penalties will be imposed on the organization.

If you work for a large organization, it may have a commission on labor disputes , which, in accordance with labor legislation, should oblige the employer to issue you a book.

If it is not possible to assemble such a body within the organization, you have every right to go to court or to the labor inspectorate. In this case, sanctions from state bodies will be much higher.

If the work book was issued out of time?

If the work book was issued out of time, you should not slow down such actions of the employer.

Even if you didn't suffer any losses from such behavior the action was performed illegally, which means, you must hold the violator of the law to account. You can contact the labor inspectorate.

The result of such an appeal will be the appearance of inspectors in the organization, where appropriate checks of the documents of the personnel department will be carried out on how work books, magazines are maintained and how the labor rights of employees are observed.

If, in addition to your case, other violations are found, the organization will incur a fine for its actions., but you will not experience any favorable consequences on your wallet other than moral satisfaction.

As for more punitive measures, you have the right to appeal to the court.

Perhaps the employer puts you in an awkward position with his delay in issuing a document regarding employment for another job, and so on.

You incur losses because you do not receive wages and do not receive other income. For this, the employer must answer in court, where, in fact, you must invite him.

Statement of claim for non-issuance of a work book?

Before you apply to the court, you should know what documents you need to provide to this instance.

Certainly, you must have your version of the employment contract and other documents confirming the fact of your work in the organization. Also, you must properly file a claim for non-issuance of a work book. How exactly this document is compiled, we will tell in our article.

Where to submit?

Statement of claim by all rules submitted to the court. In order to understand the jurisdiction and determine more specifically the court to which you want to send your application, you need to know well where your employer's office is registered. An application for the return of a work book is submitted at the location of the defendant, that is, the organization where you performed your labor function.

Given the application must be supported by such necessary documents as a state fee, necessarily paid in your name, as well as documents that prove the fact of your work in this organization.

These can be photocopies of an employment contract, an employment contract, as well as other documents confirming the fact of your work in an organization. But, of course, the most important document of all of the above is the statement of claim. About how to draw it up in accordance with all the rules and requirements of the law - in our next paragraph.

How to compose correctly?

The statement of claim is drawn up on an A4 sheet. Be sure to come to the court and take a sample of filling out this document. If there is no example in court, look for similar statements on the Internet.

On the right is written the name of the court where you are sending the statement of claim, as well as Contact Information about the defendant and the plaintiff.

In the general text of the application, you must indicate, referring to the articles of the Labor Code, where and in what way your rights were violated.

Try not to use the emotional coloring of the recording. State everything briefly and succinctly, in legal language. If you cannot write facts in this way, contact a lawyer.

Your claim must also include an estimate of the damage you have suffered.. Try not to overstate your requirements. Also, do not forget to indicate the documents that are also attached to your statement of claim.At the end of the application must be the seal and signature of the plaintiff, that is, you.

What is the responsibility?

Failure to issue a work book threatens with administrative responsibility, a fine in the amount of three hundred to five hundred rubles is due for it.

For each day of delay in issuance there is a penalty, which is equivalent to the number accepted in the region.

Also, the employee in court can recover from the employer compensation for lost profits, as well as non-pecuniary damage.

In labor practice, there were often cases when an employee, for several days of delay in issuing a work book, sued very impressive amounts from the employer.

One way or another, but if the employer is going to commit an unlawful act against you, he does not have the right to this act and, accordingly, must be punished in full according to the law and in proportion to the damage caused to you.

Who is responsible?

The employer is directly responsible for keeping the work book of the employee!

Therefore, it is on him that all penalties are imposed. But if the work book was retained not by the employer, but by the personnel department by mistake or by negligence, then it is the employee who committed this oversight that is responsible for compensating the employee for losses incurred.

Penalty for non-issuance of labor upon dismissal

A fine for non-issuance is also imposed, in addition to legislative acts, by the organization itself.

Many organizations establish internal instructions, according to which an employee who has not issued a work book to a dismissed person on time is liable for the organization established by a local regulatory legal act.

And this means that the employee must pay the fine that the organization has established.

Material liability

Compensation for the delay in issuing a work book

If the employee has not received a work book, he can claim not only compensation in court, but also compensation before going to court

The fact is that it is much more profitable for the employer to pay material compensation to the employee without involving government bodies. Compensation for labor is paid for each day of delay.

How to correctly calculate compensation?

In order to calculate compensation, you need to estimate how much an employee could receive if he got a job. But, unfortunately, in the absence of a work book, he did not do this. According to calculations, for example, if the daily income of an employee was one thousand rubles, each day of delay will be equal to this amount.

Thus, multiplying the citizen's salary by the number of days of labor retention, we get the amount of compensation.

Calculation example

For example, Anatoly worked in big company financial analyst and received a salary of 50 thousand a month. The payment for one day of work of such a specialist cost the company 2,600 rubles.

After the dismissal, the labor was lost, and the personnel officers could not find it. In total, she was issued only ten days after her dismissal. The amount for ten days amounted to 26 thousand rubles.

Court practice: withholding a work book upon dismissal

Judicial practice is literally replete with examples of calculations of such situations.

Very often, employers and personnel officers, due to their inexperience and inaccuracy, lose their work book and spend a long time on restoring it, and meanwhile the amount for compensation is growing every day.

Most often, in judicial practice, there is a case where the employer, trying to take revenge on his employee, tries to hide his book as far as possible and not give it to his hands for as long as possible. But, unfortunately, most often such employers only make things worse for themselves. By the fact that they do not provide the employee with a work book, they only increase the amount of payment that they will have to pay in compensation, but many unlucky employers do not think about it until they come to court on the claim of their employee.

Unfortunately, such situations are found everywhere and I really want to learn how to deal with them and finally inspire employers that it is necessary to respect the rights of their subordinates.

But also often in practice there is a case when the employee himself is trying to get money from a decent employer.

To do this, the employee specifically gets rid of his labor and then, after waiting for a certain period to pass, goes to court demanding compensation.

Unfortunately, sometimes such cases are taken into account and impressive amounts are really written off from the employer just like that. It's all to blame for the fact that the employer, in his naivety, did not demand a receipt from the employee in obtaining a labor.

Conclusion

It does not matter whether you are an employee or an employer - you must necessarily respect the interests of other citizens. Only then can you hope for a return.

Even if an employee leaves you as an employer, be happy for him. It is quite possible that soon this worker will find himself in life and will remember you kind word for the fact that you taught him a lot and gave a lot.

The work book is included in the list of personnel documents that are mandatory when concluding an employment contract. It must be issued to the employee at his first place of work. Moreover, the provision of such a form - The final stage dismissal of an employee. The employer has no right to continue to keep this document after the departure of the subordinate.

However, situations often arise when the manager still violates labor laws. For example, he may not give an employee Required documents, including the book. In this article, we will tell you where to go if your boss refuses to return your papers, and also consider what threatens him for such behavior.

According to the Labor Code of the Russian Federation, each employer, after terminating an employment contract with an employee, is obliged to give him the appropriate form. Moreover, he must do this directly on the day the employee is dismissed. That is why the delay or refusal to provide the form is considered a violation of the law. However, many organizations are reluctant to comply with this rule. Usually, Violation of the terms of issuance of labor can occur for two reasons:

• Due to the fault of the authorities. The employer may knowingly not provide you with a document due to personal interests. For example, if you did not take inventory or did not complete any work before dismissal;
• The fault of the employee. An employee may simply not show up for a work book - then the manager’s fault is not here. In addition, he may, for any reason, refuse to receive documents.

In any conflict situation with the boss, in which he refuses to provide a work book, it is necessary to correctly and competently protect your rights. What to do if the employer does not give the work book? To do this, you should immediately contact the relevant supervisory authorities. So, in order to hold management accountable, you need to follow the following procedure:

The most popular instance for such complaints is the labor inspectorate. Its task is to exercise strict control over the observance of labor protection in all enterprises. After the department has reviewed your application, it may conduct an unscheduled audit in an organization of which you were once an employee. In addition, it may ask your former employer all necessary documentation for verification.

In addition to the claim itself, you should prepare copies of all documents that may be needed, for example, in labor inspectorate. So, To file a complaint against an employer, you will be required to:

• Copy of passport;
• A copy of the work book;
• A copy of the employment contract;
• Settlement sheets;
• The order of acceptance to work.

If the employer refuses to provide your work book, do not be afraid to write a complaint against him to one of the above authorities. So, let's consider the procedure for drawing up a claim to the labor inspectorate. Making such a statement is not difficult, as it seems at first glance. However, there are several mandatory requirements for its content.

Let's move on to the text of the document itself. Usually, it consists of 3 parts:

1. Title. In the upper right part of the document, indicate the name and details of the company, as well as information about the injured employee - full name, address and contact number. Be sure to include the full title of the document.
2. Information part. In this block, state the essence of the claim. List all the circumstances in which your rights were violated. Then state the reason why you were refused to provide documents. Only after that indicate your requirements - the issuance of labor and compensation for non-pecuniary damage.
3. Conclusion. Here, indicate the consequences that await the employer if they refuse to comply with your requirements. For example, you can say that you plan to sue him in the future. List all the documents that will be attached to your appeal, and at the bottom of the sheet put the date of the complaint and your signature.

The claim is made immediately in two copies, one of which is sent to the inspection, and the other remains with the applicant with the seal and signature of the head of the organization. You can personally take it to the nearest branch of the supervisory authority or send it by registered mail with acknowledgment of receipt. Moreover, recently you have the opportunity to fill out a complaint directly on the website of the labor inspectorate. To do this, you just need to register and leave an online application. All required documents must be scanned and attached to the application in PDF format.

In accordance with the Code of Administrative Offenses of the Russian Federation, an employer who violates labor laws must be held administratively liable. So, for each unissued book, he will have to pay a fine in the amount of 1 to 5 thousand rubles. If your boss is entity, he faces a fine of 30 to 50 thousand rubles. Moreover, the offender, depending on the decision of the court, may be required to suspend their activities for up to 90 days. If even after the imposition of penalties, the management does not consider it necessary to return the work book to the former employee, he, in turn, can recover material compensation from him for the fact that for some time he could not get a job without work.

Graduated from Russian State University justice (RGUP). Postgraduate student of the Moscow Institute government controlled and law (MGIUP). Since the beginning of 2007, judicial practice, specialization labor law and labor disputes.

What to do if the employer delays or does not issue a work book upon dismissal?

When dismissed, quite a lot of people face a delay in the work book. The dismissed person will be able to protect his rights if he knows whether such actions are legal and how to react in such situations.

Rules for issuing documents for settlement

Failure to issue a work book at the time of dismissal is a violation of the rights of the employee. In accordance with part 1 of article 84 of the Labor Code of the Russian Federation, the employer must issue all documents on the day of dismissal. This rule is violated for the following reasons:

1. The employer blackmails the employee in order to obtain guarantees for the completion of work in progress (transfer of cases, writing a report, etc.).
2. The manifestation of irresponsibility by an employee personnel department making out paper.
3. Ignorance by the administration of the organization and by the resigning Labor Code.
4. The absence of a person leaving the workplace for any reason (sick leave, vacation, absenteeism, military service, and so on).

The employer must control the final settlement process. If the resigning person is absent from work, a notification is sent to his registration address that all documents are ready and they need to be picked up, or write an application for their forwarding by mail.

What to do if, after dismissal, they do not issue a work permit?

According to Article 234 of the Labor Code of the Russian Federation, a person has the right to compensation material damage. If the employer does not return documents, the following steps can be taken:

• file a complaint with the labor inspectorate;
• write a statement to the prosecutor's office;
• file a lawsuit against your former employer.

Litigation is the most reliable way to receive not only labor, but also compensation for deprivation of the opportunity to get a job again. But the court must provide evidence of the violation and their lost, in connection with this, opportunities.

Important! The deadline for applying to the court is 3 months after dismissal.

What threatens the employer with failure to issue documents on time?

For the law, it does not matter for what reasons the issuance of a work book was delayed upon dismissal. Even if a person simply did not show up for work, the responsibility for violating the terms of extradition will lie with the organization where he worked. And if the management does not take preventive measures in time, the organization will be obliged to pay the employee compensation for material damage from not receiving documents, in the amount of average earnings for each overdue day.

The victim may also demand compensation for non-pecuniary damage. The amount is determined by the court. In addition, the organization will pay legal and other costs.

For administrative violations, the following penalties are provided.

Or lose the right to carry out the activities of the company for up to 90 days.

According to the rules for processing and storing labor, the day of dismissal in case of incorrect execution of a document, or a delay in issuance, will be considered the day when a person receives a book in his hands.

For reference! The organization issues an appropriate order and enters new date layoffs. And the old record is invalidated.

Non-issuance of labor due to the fault of the resigning

It happens that the organization does not have the opportunity to issue papers on time due to the fault of the employee himself. The most common are the following situations:

1. The employee was fired for absenteeism and also skipped work on the last day.
2. The employee deliberately avoids receiving documents, not wanting to quit or pursuing selfish goals.
3. The office of the organization is located in another city.
4. The employee was drafted into the army and did not have time to pick up the documents.
5. The employee was arrested and convicted.

Whatever the reasons why the person could not pick up the labor himself, the organization must provide him with the opportunity to receive his documents up to 3 days after applying or send by mail at the request of the dismissed person. Unclaimed documents are stored in the archive for 75 years.

After sending a notice that the dismissed person needs to appear for documents or send consent to postal forwarding, the organization is released from liability for late issuance.

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