Introduction of professional standards in the institution. How to enter a professional standard? We discuss using the example of the professional standard “Human Resources Management Specialist. Mandatory application of standards

Allows the sending of a work book by mail only with the written consent of its owner. Usually a question about shipping of this document arises in two situations:

1. The employee himself asked to send him a work book by writing a statement to the employer.
2. The personnel department did not give it to the employee on the last day of dismissal due to the latter’s absence.

In accordance with the norms of the Labor Code of the Russian Federation, in the first case, the employer is simply obliged to send a document upon request. And in the second, he will be able to organize the shipment only after receiving the employee’s written consent. It is prohibited to hand over the employment record together with the personal file of the dismissed person immediately for storage.

The process of sending a document by mail is carried out in accordance with the procedure established by law. For failure to comply with the prescribed requirements, the employer is held administratively liable. The punishment is determined by:

1. Code of Administrative Offenses, Part 1, Art. 5.27 under Art. 234 of the Labor Code of the Russian Federation (for failure to issue a document within the prescribed period).
2. Code of Administrative Offenses of the Russian Federation, Part 1, Art. 5.27 under Art. 84.1 of the Labor Code of the Russian Federation (for sending a personal document by mail without the written consent of the dismissed person).

For information, with the employee’s verbal permission, the employer does not have the right to send a work book by mail.

The sequence of actions of the responsible person when sending a dismissed employee a work permit by mail

The HR department is entirely responsible for the process of timely transfer of the work book. If the employee did not receive it on the day of dismissal due to absence from work or refused to pick it up, the question arises of sending it by mail.

The work book remains with the employer in the following situations:

1. The dismissed person did not pick it up on his own and did not consent to its forwarding.
2. The document was not sent or returned after notification.

The employer can keep it along with the rest of the employee’s documents on demand for 2 years. It is then transferred to the archives.

Erroneous actions of the employer when sending a work book to a dismissed person

Explanations on the issue of sending a work book by mail abroad

Rostrud reports the following regarding the sending of documents outside the Russian Federation. It is prohibited to export or send by mail abroad not only work books, but also military ID cards, as well as identity cards. Moreover, reference is made to the norms of USSR Law No. 2261-1 of June 24, 1991. Today in the Russian Federation this legal document is applied to the extent that does not conflict with the existing legal framework Russian legislation.

It is noteworthy that this norm is enshrined in paragraph 3 of Order of the USSR Customs Committee No. 117 of September 30, 1991. The State Customs Committee of the Russian Federation draws attention to this (letter No. 01-06/50275 dated December 18, 2002).

Following the requirements of the law of the USSR, when a Russian travels to permanent place residence in another country must submit the listed documents to the relevant organizations. The owner of the documents, taking into account the data contained in them, is issued certificates a certain sample. So, on the basis of the work book, an extract is issued with the necessary information about the length of service.

According to Rostrud, this norm does not contradict current legislation, therefore can be used in the Russian Federation. It follows from this that the employer is not obliged to forward employee's work record at his request outside Russia. In fact, it will be impossible to do this, since the post office has the right to refuse shipment, citing a ban.

Thus, in fact, the employer still has only one option. The dismissed employee should be sent a notice with an order to appear for the work report or to agree to have it sent to a Russian postal address.

For information, the request for documents on education, experience and other documents specified by law is carried out upon a written request from Russians (foreigners, stateless persons) in accordance with Federal Law No. 154-FZ of 07/05/2010 “Consular Charter of the Russian Federation” (as amended on 12/29/2017).

The work book must be handed over personally to the employee on the day of his dismissal. At the same time, contrary to the established everyday opinion, it does not matter whether he paid off the accounts and noted the entire “bypass sheet”.

However, there are situations when the employer, through no fault of his own, fails to transfer the document. This happens, for example, when the resigning person is not at work on the last day, or if for some reason he refuses to pick it up. Then the rules of paragraph 6 of Article 84.1 come to the aid of the manager and personnel officer. TK. According to this rule, if it is impossible to issue a work book to an employee on the day of termination of the work contract, the employer is obliged to initiate the procedure for sending the document by mail.

Despite the fact that the basic algorithm of actions when sending the above document is established by law, in practice such a procedure still raises a lot of questions. Therefore, in this article I will try to point out some of the pitfalls that may be encountered on the employer’s “path” when transferring a work record in absentia.

Conversation with a “dissenter”

If an employee is present at the company on his last working day, but refuses to receive a work book, his refusal should be recorded immediately. To do this, you can draw up an act, which will clearly indicate the place, date and exact time when the person leaving was asked to pick up the document. It should also be written down how the former employee motivated his refusal. Next, you need to indicate in the presence of which employees this happened, and ask witnesses to the incident to sign the report. The person resigning must also endorse the document. If he refuses to sign the act, this should also be noted.

Please note

The period for collecting average earnings for a delay in issuing a work book is determined starting from the date of termination employment contract and ending with the day of sending the resigned employee a notice of the need to obtain a work book.

After a former employee leaves the company forever, the personnel officer needs to send him a notification by mail on the same day about the need to appear for a work book. In this case, the employer, for his own good, must comply with two rules. Firstly, the notice must be in in writing. Therefore, you should avoid such ambiguous methods of notification as telegrams, or, especially, oral explanations. Secondly, the notice must be sent in such a way that, if necessary, you can confirm that you sent exactly the notice and precisely on the day the employee refused to personally receive the work book. To do this, you need to register the notice in the journal of outgoing correspondence and store a copy of it there, and the most reliable way to send it is by letter with acknowledgment of delivery and a description of the attachment. In addition, make sure that the shipment is sent to all addresses of the former employee known to you. If any questions arise, this will be additional evidence of your conscientiousness and diligence.

Please note that the company is released from liability for the delay in issuing a work book precisely from the date of sending the notification (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).

“There are cases that a letter with a “call for receipt” is returned due to the expiration of the storage period at the post office or the absence of an addressee,” warns Moscow lawyer Sergei Voronin. - However, this should not worry you. After all, it is the fact of your sending (and not the fact of receiving your former employee envelope!), is a circumstance that exempts financial liability" This also confirms judicial practice. Definition of SC by civil cases Primorsky Regional Court dated July 25, 2012 No. 33-6464, appeal rulings of the Investigative Committee for civil cases of Belgorodsky regional court dated September 18, 2012 No. 33-2937 and the Investigative Committee for Civil Cases of the Irkutsk Regional Court dated July 19, 2012.

After sending the notification, the company can only wait. During the entire waiting time work book must be kept in the company, because the company has no right to send a document to the owner without his express consent (clause 36 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by the RF Government of April 16, 2003 No. 225.)

“When leaving a work book “on demand” in your organization, be sure to keep the act of its “owner” refusing to pick up the document, and the receipt for sending him the notification, and the inventory of this letter, and the notification itself, if it was returned to you,” recommends Svetlana Vikanova, HR manager of one of the warehouse complexes near Moscow, - Because if, during an inspection at the enterprise, work books are found of people who no longer work there, and the company will not be able to present legal grounds for storing them, the employer may be fined ().”

Upon dismissal - absent

Now let's consider a situation where the owner of the work book really does not have the opportunity to pick it up on his own on the last day of work due to absence. The following options are possible here. Firstly, the employee could pre-register his consent to have the work book sent to him. Then the company, without any difficulty, has the right to send him the document to the address indicated in this consent. Please note that after receiving written consent, you must send the work book within three working days.

If, on the day of dismissal, the organization does not have either the employee himself or his written consent to forward the employment document, then the employer should act in the same way as in the case of a personal refusal. A notification is immediately drawn up and sent about the need to come for the book or send consent for its forwarding, etc. Here, too, there are several options for the development of events. Option one - the former employee will respond to your letter and agree to receive the work book by mail. Then it is better to send it, again, by letter with an inventory of the attachment. At the same time, in the personal card of the person who resigned and opposite his data in the employee’s work record book, personnel service The enterprise must indicate the date of sending the valuable letter. And after the “arrival” of the notification of delivery - the date of receipt of the book by the addressee.

“When sending such a serious document,” says Svetlana Vikanova, “just in case, I make a copy of all its pages. After all, theoretically, anything can happen during shipment, including loss. And in emergency situations, such foresight will be very useful.”

Option two - a person can offer to give the book to his authorized representative. In this case, the latter must have a notarized power of attorney from the “owner” of the document. It should record the right of the authorized person to receive the principal’s book, as well as to perform other actions related to this order (for example, to put his signature in the book for recording the movement of work books).

And option three – the notification letter does not receive a response. In this case, the work book must remain in storage in the organization.

Professional press for accountants

For those who cannot deny themselves the pleasure of leafing through the latest magazine and reading well-written articles verified by experts.

The need to transfer the book by postage may always arise when the retired citizen is in another locality. For example:

1. works in a remote branch, and the work record is stored at the founder’s head office.
2. He went on vacation and does not intend to return, and the vacation application states: “with subsequent dismissal.”
3. He is on a long business trip, internship, etc., from where he submitted his resignation.
4. In other cases, at the discretion of the resigning person.

At the same time, the employer or the person responsible for issuing work books does not have the right to take the initiative to send the document, despite the norms of Articles 62 and 77 of the Labor Code of the Russian Federation, which establish the rules for issuing the book on the last working day.

Article 62. Issuance of work-related documents and their copies

Upon written application of the employee, the employer is obliged, no later than three working days from the date of filing this application, to issue the employee a work book for the purpose of his compulsory social insurance (security), copies of documents related to work (copies of orders for employment, orders for transfers to another job , an order on dismissal from work; an extract from the work book; a certificate of salary, accrued and actually paid mandatory insurance contributions. pension insurance, about the period of work of this employer and more).

Copies of work-related documents must be properly certified and provided to the employee free of charge.

Parts two and three are no longer valid.

The employee is obliged no later than three working days from the date of receipt of the work book from the body that carries out mandatory social insurance(security), return it to the employer.

The last working day is considered the day of dismissal; mutual settlements are carried out with the resigning employee and documents are issued.

Is the consent of the dismissed employee required for forwarding?

This document refers to types of documentation that provide for special storage and transfer standards. Therefore, it is necessary to follow the established procedure according to which forwarding is permitted only with the consent of the owner of the work.

Such consent must be obtained only in writing, with official wording, from which it is clear that the owner of the document requests it to be sent to the address specified by him.

The request can be expressed:

• separately written wording in the resignation letter - after the text that expresses the request for dismissal, indicating the grounds and deadlines.
• A separate statement that is attached to the resignation letter or submitted separately after the dismissal procedure has been completed.
• Transmitted by telegram, with confirmation of the sender's signature by the telegraph operator.

The wording may be as follows: “Please send the work book by post to the specified address (address is indicated).” Next, the applicant’s signature is affixed, indicating the surname and date.

IMPORTANT: If the resigned employee plans to receive the document not by Russian Post, but by another means postal item, special instructions are given about this. It also indicates payment for the shipment from personal funds from the settlement amount or upon receipt - to the courier.

Step-by-step algorithm for returning a work book

The employer or a person authorized to maintain work records makes an appropriate entry. Then they enter information about the transfer of work books and their inserts to the Movement Book, in accordance with Instruction No. 69 of October 10, 2003. In the column where the recipient's signature must be placed, it is indicated: “sending by mail.”

The authorized person takes the document prepared for issue and approaches the post office operator. Here he draws up registered letter, Necessarily:

1. with a description of the attachment;
2. with delivery notification.

The inventory of the investment is drawn up in two copies, which include:“work book, indicating the surname and initials of the owner.” The inventory is certified by the post office operator.

One copy of the inventory is placed in an envelope, and the other remains with the sender. After registration of the postal item, the sender is given a receipt from the post office for sending a registered letter.

After receiving notification that the letter has been received by the addressee, the employer is relieved of all responsibility for the transfer of labor. In practice, he no longer bears responsibility after transmitting a registered letter and receiving a receipt for dispatch.

In the event of a dispute, he will have to prove that the obligations to transfer the book were fulfilled on his part in good faith.

An application with a request to forward the work, documents confirming the sending of a registered letter and its receipt by the addressee must be filed in the personal file of the owner of the book.

On the employee’s last day of work, the manager is obliged to give him a paycheck and a work book with a corresponding record of dismissal. Perhaps the employee does not agree with the reason for dismissal and refuses to pick up the work book or for some reason is absent from work on the day of termination of the contract. Then you should send him a registered letter on the same day about the need for him to obtain a work book or obtain written consent to send it by mail. It is considered possible to send a work book by mail if there is written consent from the employee to send the work book by mail.

How to properly send a work book by mail

After receiving written consent, you must send the work book within no more than three days (working days).

To do this you need:

• send notices to the dismissed employee at all addresses known to you)
• do not forget that the employee’s consent to send the work book by mail must be written)
• transfer the work book from the central office to the branch if the employee worked here)
• Do not transfer your work book to third parties; for this you need a power of attorney, executed by a notary.

What can a fired employee do?

If a dismissed employee for any reason has not received a work book, he has the right to file a claim with the employer in court for moral damages. As proof, you can present a certificate of illness after dismissal. It is necessary to prove that this disease is associated with a nervous breakdown due to the lack of a work record. For example, it was impossible to get another job, difficulties arose with pension registration, and the like. If the employer is found guilty, the employee is paid monetary compensation.

If the issuance of the book is delayed due to the fault of the employer, the dismissed employee is paid the average wages during unforeseen absenteeism, the date of dismissal is postponed to the day when the book was handed over to the employee. A new order or order should be issued about this, and an entry should be made in the book.

There is no employee and no written consent from him to forward the book

If for unknown reasons an employee is absent from work for a long period of time and does not give written consent to have his work book sent to him, then there are two options:

1. Keep the book until needed. The storage period for unclaimed work records is 75 years.
2. File a claim in court. Please indicate that you have not found a way to send your work book by mail. Based on the court decision, stop labor agreement with this employee. In the work book, make an appropriate entry based on the order of dismissal by court decision.

A work book is issued even if the employee has not paid the accounting bills. Neither employer nor employee HR department, nor any trusted person has the right to blackmail a resigning employee by manipulating the work book.

Any inspection by the labor inspectorate will reveal the books of all dismissed employees. If there are no grounds for storing them in the organization, then the employer faces a fine of up to 50,000 rubles (possibly even for each document unreasonably stored).